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Agenda 04-17-18 The City of wr Boynton Beach y City Commission Agenda Tuesday, April 17, 2018, 6:30 PM City Hall Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Christina L. Romelus (District III) Commissioner Justin Katz (District 1) Commissioner Mack McCray (District 11) 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. -to- die,,C0 www.boy nton-beach.org Page 1 of 736 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES AND PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes and Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit- Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule- some meetings have been moved due to Holidays/Election Day). Page 2 of 736 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Legislative update from Representative Al J acquet B. Legislative update from Senator Bobby Powell C. Announce that Boynton Beach Utilities will be hosting a Water Conservation Workshop for the public on Wednesday, April 25, 2018 from 5:30-7:00 pm at Intracoastal Park Clubhouse, 2240 North Federal Highway. Water Conservation Workshop on April 25, 2018 D. Announcement by Mary DeGraffenreidt, Events and Program Manager of the Concert on the Green Event that will be held Saturday, April 21st at The Links of Boynton Beach from 3- 6 p.m. E. Proclaim April 28, 2018 as Arbor Day. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments &Appeals: 2 Regs and 1 Alt Employee Pension Board: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for Page 3 of 736 "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. R18-060- A resolution amending Resolution R92-96 relating to the water, wastewater and stormwater utility system. B. PROPOSED RESOLUTION NO. R18-061 - Approve amending a 60-month agreement for the purchase of WAN network connectivity services from Comcast Business Communications, LLC for $8,000 a month, utilizing the General Services Administration (GSA) contract # GS-35F- 184BA. The City is allowed to purchase from this GSA contract. C. PROPOSED RESOLUTION NO. R18-062- Authorize the City Manager to sign Task Order R13-063-12 with CH2M HILL Engineers, INC. for technical assistance in the preparation and approval of the Operational Permit for Aquifer Storage and Recovery Well #2 (ASR 2) in the sum of $58,538.24 utilizing our existing contract for Hydrogeological Consulting Services, RFQ No. 029-2821-13/DJ L. D. Authorize the purchase of the following: Total Response Call Handling Solution from PowerPhone, Inc. of Madison, CT in the amount of $64,588.00 as a Sole Source vendor. The purchase of Microsoft SQL Server Standard from Software House International (SHI) in the amount of $5,179.58, utilizing State of Florida Licensing Solutions Providers(LSP) of Microsoft Software and Services, term contract#43230000-15-02. All costs to be reimbursed by Palm Beach County 911. E. Approve reduction of a restoration surety, by the amount of $97,814.40 for the completion of the clearing and grubbing of the Cortina at Boynton Village Phase 2 project. F. Approve utilizing the School Board of Charlotte County Florida Contract#15/16-602MP(R2) with Wabash Valley of Silver Lake, IN, for the purchase of park benches in the amount of $64,105. The School Board of Charlotte County's procurement process satisfies the City's competitive bid requirements. G. Accept Surtax Capital Project Status Report for second quarter of FY 2018 - January thru March 2018 H. Accept quarterly report on red light camera program (Jan 2018-Mar 2018) I. Approve adjustments to project budgets for the attached Surtax projects that are part of the approved FY 17/18 budget. J. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the four (4) month period ended January 31, 2018. K. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the five (5) month period ended February 28, 2018. L. Accept the written report to the Commission for purchases over $10,000 for the month of March 2018. M. Legal Expenses - March 2018 - information at the request of the City Commission. No action required. N. Approve the minutes from City Commission meetings held on March 20 and April 3, 2018. 7. BIDS AND PURCHASES OVER $100,000 A. Approve utilizing the Palm Beach County contract (Bid #W UD 16-001/VMG) extension through March 14, 2019 with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) of West Palm Beach, FL with the same terms, conditions, specifications and pricing. This contract will be utilized for well rehabilitation services on an AS-NEEDED BASIS, with an estimated annual expenditure of $300,000. Palm Beach County complied with Public Contract Bid requirements equal to or exceeding the City of Boynton Beach's requirements. Page 4 of 736 B. PROPOSED RESOLUTION NO. R18-063-Authorize the City Manager to sign a proposal with Routeware, Inc. of Portland, OR, utilizing the HGACBuy Contract# FL03-17 for the purchase of onboard computing system for installation in Public Works Solid Waste vehicles for the amount of $92,827.00 plus travel costs not to exceed $7,500. In addition to the purchase cost there will be a monthly maintenance fee of $10,092.92 for an estimated annual expenditure of $121,116. The HGACBuy cooperative's bid process satisfies the City's competitive bid requirements. 8. 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. 18-005 - SECOND READING - Approve Telecommunications in Public Rights-of-Way (CDRV 18-001) - Amending Part II Code of Ordinances Chapter 25.1 Communications Facilities in Right-of-Way for consistency with the State's Advanced Wireless Infrastructure Deployment Act. City-initiated. B. Approve Major Site Plan Modification (MSPM 17-001) request for 104 Multi-family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development) zoning district.Applicant: John Lyon, Olen Properties. C. PROPOSED RESOLUTION NO. R18-059- Approve Second Amendment to the land development agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC and authorize release of surety to bury overhead utility lines across Federal Highway at SE 2nd Avenue. 9. CITY MANAGER'S REPORT A. Discuss Budget Workshop dates and times: Last year the Commission held a Public Input Workshop in May then the Budget Workshops in July. The below dates would accommodate the same meetings for this upcoming budget cycle: Public Input Budget Workshop, Tuesday, May 29, 2018 @ 6:30 P.M. at Intracoastal Park Clubhouse; and Budget Workshops at Intracoastal Park Clubhouse; Monday, July 16, 2018 @ 5:00 P.M. Tuesday, J my 17, 2018 @ 10:00 A.M. Wednesday, July 18, 2018 @ 2:00 P.M. Please note the change in location due. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18-064 - Accept the transfer of property at 201 NE 1st Avenue from the Boynton Beach Community Redevelopment Agency. 12. LEGAL A. The Mayor has requested that legal update the Commission on opioid and gun lawsuits that are occurring around the state. B. PROPOSED RESOLUTION NO. R18-065- Authorize the Mayor to sign lease documents for Page 5 of 736 temporary space needed for City Services to operate during construction of Town Square project at the following locations: • 2045 High Ridge Road - for the Library • 209 N Seacrest Blvd - for Library Annex • 3301 Quantum Blvd - for City Hall • 3602-3606 Quantum Blvd - for Police Headquarters Due to some final review of lease language that is underway at time of agenda publishing, there may be revisions made to the leases that are attached prior to the Commission meeting. C. PROPOSED ORDINANCE 18-006 - SECOND READING - PUBLIC HEARING - Approval of Ordinance amending Section 18-164 of the Code of Ordinances to provide for mutual consent regarding use of the 185 money; amending Section 18-169 to add normal retirement age definition for members who retire with (20) years of service only retirement, to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse, and to add ten year vesting for Police Officers hired on or after October 1, 2016; adding a new Section 18-178 to add a rehire after retirement provision. 13. FUTURE AGENDA ITEMS A. Update Commission on topic of dogs on beach - May 1, 2018 B. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-W ide program- May 1, 2018 C. Staff to review PBC Ordinance on Panhandlers- May 2018 D. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park E. Vice-Mayor Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD F. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. - TBD G. Staff to report on the possibility of the City beginning a Bike Share Program- TBD 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA 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 TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED Page 6 of 736 FROM THE OFFICE OF THE CITY CLERK. Page 7 of 736 1.A. OPENING ITEMS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 8 of 736 2.A. OTHER 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 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 9 of 736 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Legislative update from Representative Al Jacquet 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 10 of 736 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Legislative update from Senator Bobby Powell 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 11 of 736 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Announce that Boynton Beach Utilities will be hosting a Water Conservation Workshop for the public on Wednesday, April 25, 2018 from 5:30-7:00 pm at Intracoastal Park Clubhouse, 2240 North Federal Highway. Water Conservation Workshop on April 25, 2018 EXPLANATION OF REQUEST: Boynton Beach Utilities is hosting a Water Conservation Workshop for the public on Wednesday, April 25, 5:30-7:00 pm at Intracoastal Park Clubhouse, 2240 North Federal Highway. This free public workshop will provide information on indoor and outdoor water conservation, Florida Friendly Landscaping, and Utilities services. Attendees will receive free water conservation kits and be entered into a raffle to win native plants and trees courtesy of Boynton Beach's Native Choice Nursery. Refreshments and kids' activities will be provided. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This event contributes to our Sustainability and Water Conservation programs and helps meet community engagement goals in the Climate Action Plan. FISCAL IMPACT: Budgeted Event costs (printing, facility use, and food) are paid for by the Utilities Administration budget. ALTERNATIVES: Not announce Water Conservation Workshop. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: This event contributes to our Sustainability and Water Conservation programs and helps meet community engagement goals in the Climate Action Plan. Page 12 of 736 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Water Conservation Workshop flyer Page 13 of 736 \',_{SNA! re,� ll -'l t,l a; MNI\ , tIII1) ill Ili x$,+.1,1 i�.rt 1�1111�1�11�1 �?�i�{{��i£1�1 ++,1� ��i�l��1 }3 r })}I , ,� � q i jJ}32�t f\7J}�, # ztj i ,lai #s1 : ,t; _ � 1,4 1t __i l it J j�1 # 1 .�� )} ,, � l ,!� ��t r� 11}1�1 ,i,� � ,f ,t,� ,} ,1 4 ,# r1 �1� �{ 1 t,II �i �1,`t�t �� a ) �,.+, �1 , ..»r,��s I,i-} ) k � �,,, i''I �)) , � c�tl t �,.� t } lI .t Z £ 1, {S.}) , 1!��# ,i, 3,,� i �/ 11 illi t I c`I �, >,j,rls (� .r)f S �),� �j s �� o_) iA �� r• �� =>,t;, � , 3 31 1,r�,1 }}l ��t \t tip,,,„,1 � 2!147'1h,rr p,(lll�l} a If { ,�j)f t1�1, )�1, �>�s,-. +} \,7,1 ; ){1' �};. �}�1 ,S!•. �s-: �,# �{S, �t�41. ?f, :: %)) f�}3 t37) i 't»��,. },1,.1yl , �t4 1111,, NNE,, ,, ..�,£, ,�I a 1}1 ��,1..� ii �41, 12 1 � i 1#•1, }� �, �• ,s iS � � ��r:r�i 1 \1 it�@ , } :a sf1 t i,\\- ,i„{lt, , ,I� ,,t\ s t �, l�'�l ".t �)!41 �1\1, S i} �' i}, i ,,f�,��14 2, » .,a, „r s1}..ts f � 1? �S -�! �•,f.a,1 t+ ,)„u )I. 1a..,.{e , } 1 11. 1 ,� � �i1 ( t,,t 1 0 �, �� 1 f 1t � }\,,4•, .. r, ,-:z_,u,,, \�. �+ ,�, t ,u .a,=-• �l :., !3 %)1 , 6:;. ,.}l {,} �i I 1 .S4 , ,�13r iN�I,1� (� it } ,(,{ , I!i 1 1 t1, � +�.1,1. QI{,+P� 1�1 i rt'J}, c ,� , rt,t SS...,,1 r t„t k..,r ,r r:\ >1+2� SRI .. Ill l .a }) , , r r, s, _S , 1 ItiI #1 r� s \ , `J” t} y,iS} �uI ;rV111 ,1 t„ {� �'llll'f • ,II I4l� I��S}r�tr��1I�1�Ui�� t111{it 4>� FREE Water Conservation K. ... . r Jay 35 t , 5TH i�sylNnA srr }S2r5 S ,qVs, r�F,}4s1� yi r 1 ( pQ gut Native Choice riJ t;ti{ y s5, J,, »0 This free public workshop will teach you indoor and outdoor water-saving tips, Florida Friendly Landscaping ideas, and how Boynton Beach Utilities keeps your water safe and healthy. F 6 4 D f, r _ t � s MASTER4 NURSiERYFor more information, contact the City of Boynton Beach Sustainability Office at 742-6494, arve fl®us, boynton-beach.org/go-green #GoGreen Boynton Beach Page 14 of 736 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Announcement by Mary DeGraffenreidt, Events and Program Manager of the Concert on the Green Event that will be held Saturday, April 21st at The Links of Boynton Beach from 3- 6 p.m. EXPLANATION OF REQUEST: The Concert on the Green will be a free event including a concert, additional activities include nature tours, food and kids activities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will provide an exciting family activity that will help promote The Links. FISCAL IMPACT: Non-budgeted ALTERNATIVES: Do not make the announcement STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 15 of 736 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Proclaim April 28, 2018 as Arbor Day. EXPLANATION OF REQUEST: On April 12, students from St. Joseph's Episcopal School joined City staff in planting slash pines at Barrier Free Park around the new playground. Arbor Day is observed throughout the world, and here in Boynton on annual basis we celebrate this special day by inviting students from a local school to join City staff in planting trees at one of our local parks. These helps younger generations to appreciate the value of trees, and it is an educational experience since they will learn how to properly plant and take care of trees. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. This is a planned activity. FISCAL IMPACT: Budgeted Funding is included in the Forestry and Grounds budget, account#001-2730- 572-52-26. Approximate cost for trees and related supplies is$1,400. ALTERNATIVES: Do not announce the Proclamation STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 16 of 736 Nr Proclamation WHEREAS,in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees;and WHEREAS, this holiday, called Arbor Day,was first observed with the planting of more than a million trees in Nebraska;and Arbor Day is now observed throughout the nation and the world;and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and trees are a renewable resource giving us paper,wood for our homes, fuel for our fires and countless other wood products;and WHEREAS,trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community;and WHEREAS,trees,wherever they are planted,are a source of joy and spiritual renewal. NOW, THEREFORE, I, Steven Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach,Florida,hereby proclaim April 27,2018 as: ARBOR DAY in the City of Boynton Beach,and I urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program;and IN WITNESS WHEREOF,I have hereunto set my band and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the ITh day of April,Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 5.A. ADMINISTRATIVE 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 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: 2 Alts Building Board of Adjustments&Appeals: 2 Regs and 1 Alt Employee Pension Board: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 18 of 736 ATTACHMENTS: Type Description D Other Appointments List Page 19 of 736 APPOINTMENTS AND APPLICANTS FOR APRIL 17, 2018 Arts Commission I Katz Alt 2 yr term to 12/19 Tabled (3) II McCray Alt 2 yr term to 12/19 Tabled (3) Applicants None Building Board of Adjustments and Appeals III Romelus Alt 2 yr term to 12/19 (Tabled 2) 11 McCray Alt 2 yr term to 12/19(Tabled 3) Mayor Grant Reg 3 yr term to 12/18 (Tabled 3) IV Casello Reg 2 yr term to 12/19 (tabled 2) Applicants None Employee Pension Board IV Casello Reg 4 yr term to 12/20 Applicants None Senior Advisory Board IV Casello Alt 2 yr term to 12/19 Mayor Grant Alt 2 yr term to 12/19 1 Katz Reg 2 yr term to 12/19 Applicants None Page 20 of 736 6.A. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-060-A resolution amending Resolution R92-96 relating to the water, wastewater and stormwater utility system. EXPLANATION OF REQUEST: The City's utility system bond resolution will amend the definition of"Improvements" may include, without limitation, land, structures and facilities used or useful for the collection, transmission, treatment, disposal and reclamation of sewage and stormwater runoff and for the cooling, supply, storage, treatment, transmission and distribution of potable and non-potable water, which may include chilled water, all to the extent the same constitute part of the Utility System. This amendment will allow the City's utility system to begin establishing chilled water facilities within the City as appropriate. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This resolution will expand the current utility system to include chilled water as part of the utility system. FISCAL IMPACT: Budgeted None ALTERNATIVES: Do not pass the resolution. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Reso Non underlined Page 21 of 736 I RESOLUTION NO. R18- 2 3 A RESOLUTION AMENDING RESOLUTION NO. R92-96 RELATING TO THE 4 WATER, WASTEWATER AND STORMWATER UTILITY SYSTEM; 5 EXPRESSING THE INTENT OF THE CITY TO REIMBURSE CERTAIN 6 EXPENDITURES WITH PROCEEDS OF DEBT; CONTAINING CERTAIN 7 AUTHORIZATIONS AND OTHER PROVISIONS; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, Resolution No. R92-96 adopted by the City Commission (the "City 11 Commission") of the City of Boynton Beach, Florida (the "City") on June 16, 1992, as 12 amended (the "Utility Bond Resolution") provides for the issuance by the City of obligations 13 of the City payable from certain revenues of the "Utility System" as defined in the Utility 14 Bond Resolution; and 15 16 WHEREAS, the term "Utility System," as defined in the Utility Bond Resolution 17 encompasses the "water supply" system of the City; and 18 19 WHEREAS, the City intends to acquire, construct and operate facilities for the provision of 20 chilled water to the City and customers of the City; and 21 22 WHEREAS, the City desires to amend the Utility Bond Resolution to resolve any ambiguity 23 whether "water supply" includes the provision of chilled water; and 24 25 WHEREAS, the City expects that it may incur capital expenditures with respect to the chilled 26 water supply system prior to the issuance of bonds or completion of another form of 27 financing, and expects that it may reimburse such original expenditures with proceeds of the 28 bonds or other financing; 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA: 32 33 Section 1. Amendments to Utility Bond Resolution. 34 35 (a) The amendments to the Utility Bond Resolution set forth in this Section 1 shall not 36 become effective unless and until the City shall have received the written consent thereto of 37 both Assured Guaranty Municipal Corp. (as required by Resolution No. R12-001 of the City) 38 and Raymond James Capital Funding, Inc. (as required by Resolution No. R16-158 of the 39 City). 40 41 (b) The definition of "Improvements" set forth in Section 101 of the Utility Bond Resolution 42 (as previously amended by Resolution No. R96-88) is amended by the inclusion of the 43 underlined language below so as to provide as follows: 44 45 ""Improvements" shall mean (i) such improvements, renewals and replacements 46 of the Utility System or any part thereof and such extensions and additions thereto Page 22 of 736 I as may be necessary or desirable, in the judgment of the City, to keep the same in 2 proper condition for the safe, efficient and economic operation thereof and to 3 integrate into the Utility System any unit or part thereof, and shall include such 4 land, structures and facilities as may be authorized to be acquired or constructed 5 by the City under the provisions of State law and such improvements, renewals 6 and replacements of such land, structures and facilities of the Utility System and 7 such extensions and additions thereto as may be necessary or desirable for 8 continuous and efficient service to the public, which Improvements may include, 9 without limitation, land, structures and facilities used or useful for the collection, 10 transmission, treatment, disposal and reclamation of sewage and stormwater 11 runoff and for the cooling, supply, storage, treatment, transmission and 12 distribution of potable and non-potable water, which may include chilled water, 13 all to the extent the same constitute part of the Utility System and (ii) such other 14 expenditures as may be necessary or desirable in the judgment of the City but not 15 related to the Utility System, provided, that as used in Sections 404 and 702 16 hereof, the term "Improvements" shall not include the items described in this 17 clause (ii)." 18 19 (c) The definition of "Utility System" set forth in Section 101 of the Utility Bond Resolution 20 is amended by the inclusion of the underlined language below so as to provide as follows: 21 22 ""Utility System" shall mean, collectively, the existing water supply, treatment 23 and distribution system and the existing sewage collection, transmission, 24 treatment and disposal system owned and operated by the City, together with the 25 Project, any Improvements, including any improvements consisting of a 26 stormwater runoff collection, transmission, treatment and disposal system as 27 shall be designated by the Commission as being included in the Utility System, 28 and any separate Systems consolidated with the Utility System pursuant to 29 Section 710 of this Resolution and which shall include any Improvements 30 consisting of a system for the provision of chilled non-potable water to the City 31 and its customers." 32 33 Section 2. Intent to Reimburse. The City expects that it may incur capital 34 expenditures with respect to the City's chilled water system prior to the issuance of bonds or 35 completion of another form of financing to finance such expenditures, and expects that it may 36 reimburse such original expenditures with proceeds of bonds or another form of financing in 37 the maximum principal amount of $15,000,000.00. This does not obligate the City to issue 38 any bonds or complete any form of financing or to reimburse any such expenditures. 39 40 Section 3. Effective Date. This Resolution shall take effect immediately upon its 41 passage. 42 2 Page 23 of 736 1 2 PASSED AND ADOPTED this day of , 2018. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 YES NO 7 8 Mayor— Stephen B. Grant 9 10 Vice Mayor— Christina Romelus 11 12 Commissioner—Justin Katz 13 14 Commissioner—Mack McCray 15 16 Commissioner—Joe Casello 17 18 19 VOTE 20 ATTEST: 21 22 23 Judith A. Pyle, CMC 24 City Clerk 25 26 (Corporate Seal) 3 Page 24 of 736 6.B. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-061 -Approve amending a 60-month agreement for the purchase of WAN network connectivity services from Comcast Business Communications, LLC for $8,000 a month, utilizing the General Services Administration (GSA) contract # GS-35F-184BA. The City is allowed to purchase from this GSA contract. EXPLANATION OF REQUEST: Contract Period: February 1, 2014—January 31, 2019 During the February 20, 2018 City of Boynton Beach Commission Meeting the Commission approved resolution R18-032 for a 5-year agreement with Comcast Business Communications, LLC to provide WAN network connectivity to 13 City building in the amount of $5,565.75. The pricing was based off GSA contract GS-35F-184BA. The agreement provided bandwidth speeds determined during a recent ITS bandwidth study. City Manager Lori Laverriere signed the agreement on February 27, 2018. On March 13, 2018, the City Commission approved the Town Square project. To move forward the City has decided to move City Hall, Library, and Police Department in temporary locations. I contacted Comcast to request a quote for the three locations under 2-year agreement. The cost of the 2-year agreement was expensive, because of the amount of construction that would have to be done to get the Comcast fiber to the buildings. I was able to get Comcast to agree to amend the original 5-year agreement adding the three temporary locations. Comcast included a clause in the agreement that will allow the City to terminate service to the three temporary locations with no termination charges after the 24th month. The amended agreement adds an additional $2,232.94 per month to the agreement for a total of$7,798.69. Location Service Type Bandwidth Department Monthly Price 2045 High Ridge Rd I nternet 100Mbps Library $978.10 2045 High Ridge Rd WAN network 50Mbps Library $299.80 3301 Quantum Blvd WAN network 400Mbps City Hall $655.24 3602 Quantum Blvd WAN network 50Mbps Police Department $299.80 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The replacement of the current two vendor, legacy fiber optic cable system will allow the I.T.S. Department to provide more efficient and reliable network connectivity services to employees. In addition, the new network topology will allow the I.T.S. Department to provide new services such as W i-Fi quicker while still maintaining the security of the network. The amended agreement will provide network connectivity to the three temporary locations that will be used by City departments during the construction of the Town Square project. FISCAL IMPACT: Budgeted Funding was approved and is available in the I.T.S. Department budget for fiscal year 2017/18 under account number 001-1510-513.41-10 for an amount not to exceed $96,000. Current monthly cost is $7,053, proposed monthly cost is $8,000. Page 25 of 736 ALTERNATIVES: The City could issue its own bid request. Staff does not believe that a City bid process would result in a substantially less cost. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution amending the 60 month Agreement D Resolution with Comcast for WAN nehivork connectivity services D Agreement Amended Comcast Agreement D Other Comcast GSA Contract Pricing Information D Other Comcast E-Mail Stating GSA Pricing D Attachment Reso R18-032 Page 26 of 736 1 RESOLUTION NO. R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING THE AMENDMENT OF A 60-MONTH 6 AGREEMENT FOR THE PURCHASE OF WAN NETWORK 7 CONNECTIVITY SERVICES FROM COMCAST BUSINESS 8 COMMUNICATIONS, LLC FOR $8,000 A MONTH, UTILIZING 9 THE GENERAL SERVICES ADMINISTRATION (GSA) 10 CONTRACT # GS-35F-184BA; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, during the February 20, 2018 City Commission meeting the 15 Commission approved Resolution R18-032 for a 5-year Agreement with Comcast Business 16 Communication s LLC., to provide WAN network connectivity to 13 City building in the 17 amount of$5,565.75, the price which was based off GSA Contract GS-35F-184BA; and 18 WHEREAS, in order to move forward with the Town Square project which the City 19 Commission approved on March 13, 2018, the City has decided to move City Hall, the 20 Library and Police Department to temporary locations which will require the WAN network 21 connectivity services for the time the temporary space is utilized; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 23 recommendation of staff, deems it to be in the best interests of the City residents to approve 24 an amendment to the 60-month agreement for the purchase of WAN network connectivity 25 services from Comcast Business Communications, LLC, adding an additional $2,232.94 per 26 month for the time the temporary lease space is utilized for City Hall, the Library and the 27 Police Station utilizing the General Services Administration (GSA) contract #GS- 28 35F184BA. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 Section 2. The City Commission of the City of Boynton Beach, Florida , upon 35 the recommendation of staff, deems it to be in the best interests of the City residents to C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\99EF6571-AF4F-4C56-A5F9-3AD47EFE775A\Boynton Beach.9888.1.Amending_Comcast Business_Communications WAN_Agreement -_Reso.doc Page 27 of 736 36 approve an amendment to the 60-month agreement for the purchase of WAN network 37 connectivity services from Comcast Business Communications, LLC, adding an additional 38 $2,232.94 per month for a total monthly payment of $8,000.00 for the time the temporary 39 lease space is utilized for City Hall, the Library and the Police Station utilizing the General 40 Services Administration (GSA) contract#GS-35F184BA. 41 Section 3. This Resolution shall become effective immediately upon passage. 42 PASSED AND ADOPTED this day of , 2018. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 Mayor— Steven B. Grant 46 47 Vice Mayor—Christina Romelus 48 49 Commissioner—Mack McCray 50 51 Commissioner—Justin Katz 52 53 Commissioner—Joe Casello 54 55 56 VOTE 57 ATTEST: 58 59 60 61 Judith A. Pyle, CMC 62 City Clerk 63 64 65 66 (City Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\99EF6571-AF4F-4C56-A5F9-3AD47EFE775A\Boynton Beach.9888.1.Amending_Comcast Business—Communications WAN_Agreement -_Reso.doc Page 28 of 736 COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM BUSINESS Account Name:City of Boynton Beach MSA ID#:FI-4858162-CMunr SO ID#:FI-4858162-CMunr-10980671 Primary Contact: Charles Stevens City:Boynton Beach Phone:(561)742-6079 Title: State:FL Cell: Address 1: 100 E Boynton Beach Blvd Zip:33435 Fax: Address 2: Allowable Contract Date: Email:stevensc@bbfl.us Contract Generated Date:03/26/2018 SUMMARY OF SERVICE CHARGES* Service Term(Months):160 Current Ethernet Monthly Recurring Charges: $5,565.75 SUMMARY OF STANDARD INSTALLATION FEES Current Trunk Services Monthly Recurring Charges: $0.00 Current Off-Net Monthly Recurring Charges: $0.00 Total Ethernet Standard Installation Fees': $0.00 Current Monthly Recurring Charges(all Services): $5,565.75 Total Trunk Services Standard Installation Fees: $0.00 Total Off-Net Standard Installation Fees: $0.00 Change Ethernet Monthly Recurring Charges: $2,232.94 Total Standard Installation Fees(all Services): $0.00 Change Trunk Services Monthly Recurring Charges: $0.00 Change Off-Net Monthly Recurring Charges: $0.00 SUMMARY OF CUSTOM INSTALLATION FEES Change Monthly Recurring Charges(all Services): $2,232.94 Total Custom Installation Fee: $0.00 Amortized Custom Installation Fee $0.00 Net/Total Ethernet Monthly Recurring Charges: $7,798.69 Net/Total Trunk Services Monthly Recurring Charges: $0.00 Net/Total Off-Net Monthly Recurring Charges: $0.00 Total Monthly Recurring Charges(all Services): $7,798.69 SUMMARY OF EQUIPMENT FEES Current Ethernet Equipment Fee Monthly Recurring Charges: $0.00 Current Trunk Services Equipment Fee Monthly Recurring Charges: $0.00 Current Equipment Fee Monthly Recurring Charges(all Services): $0.00 Change Ethernet Equipment Fee Monthly Recurring Charges: $0.00 Change Trunk Services Equipment Fee Monthly Recurring Charges: $0.00 Change Equipment Fee Monthly Recurring Charges(all Services): $0.00 Net/Total Ethernet Equipment Fee Monthly Recurring Charges: $0.00 Net/Total Trunk Services Equipment Fee Monthly Recurring Charges: $0.00 Net/Total Equipment Fee Monthly Recurring Charges(all Services): $0.00 *Note: Charges identified in the Service Order are exclusive of maintenance and repair charges,and applicable federal,state,and local taxes,USF fees,surcharges and recoupments (however designated). Please refer to your Comcast Enterprise Services Master Services Agreement(MSA)for specific detail regarding such charges.Customer shall pay Comcast one hundred percent(100%)of the non-amortized Custom Installation Fee prior to the installation of Service. Ii�13,•j "At anytime after the 24th month of this Sales Order No.FI-4858162-CMunr-10980671,Customer,upon written notice to Comcast,may terminate the Services at any of the following sites:3301 Quantum Blvd.1 st Floor South,Boynton Beach,FL,2045 High Ridge Road,Boynton Beach,FL and/or 3602 Quantum Blvd,Boynton Beach,FL without further obligation to Comcast beyond the termination date,including Termination Charges.Termination Charges,in accordance with the applicable PSA,will apply to all other sites identified in this Sales Order No.FI-4858162-CMunr-10980671 for the entire term of the Agreement. During the initial 24 months of the Agreement,Termination Charges,in accordance with the applicable PSA,will apply" This Comcast Enterprise Services Sales Order Form("Sales Order")shall be effective upon acceptance by Comcast.This Sales Order is made a part of the Comcast Enterprise Services Master Services Agreement, entered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s)ordered herein,located at http://business.comcast.com/enterprise-terms-of-service/index.aspx,(the "Agreement").Unless otherwise indicated herein,capitalized words shall have the same meaning as in the Agreement. E911 NOTICE Comcast Business Class Trunking Service may have the E911 limitations specified below: •The National Emergency Number Association(NENA),a 911 industry organization that makes recommendations for standardized services relating to E911,has issued guidelines that state"The PBX owner is responsible for creating customer records,preferably in NENA standard format,that identify caller locations." To facilitate Customer's compliance with these guidelines and with associated state and local requirements related to provision of Automatic Location Information(ALI)for E911 services,Comcast offers two options: a.Comcast will send to the ALI database or Subscriber Location Database(SLDB)the main billing telephone number and the main address provided by Customer,or b.Customer may choose to sign up for up to 10 Emergency Location Information Numbers(ELINs)that Customer could assign to zones within Customer's premises that would be separately identified to the E911 call taker.The location information,such as a specific floor,side of a building,or other identifying information,could assist emergency responders to more quickly reach the appropriate location. Customer is solely responsible for programming it's PBX system to map each station to one of these numbers,and for updating the system as necessary to reflect moves or additions of stations within the premises. Comcast will send the assigned ELINs to the ALI or SLDB database,as is appropriate. •Many jurisdictions require businesses using multi-line telephone systems to program their systems to transmit specific location information for 911 calls. Customer bears sole responsibility to ensure that it identifies and complies with all such requirements. In any event,if Customer does not maintain E911 records in a timely and accurate manner,the E911 call taker may not receive proper location information,and emergency responders may be delayed or even prevented from timely reaching the callers location. •Battery Back Up-The Integrated Access Device(IAD)provided by Comcast is not equipped with battery backup. It is Customer's responsibility to ensure adequate back-up power is provided to ensure service continuity during a power outage,as employees would otherwise be unable to use the Services,including dialing 9-1-1,when power is unavailable. •Calls using the Service,including calls to 911,may not be completed if there is a problem with network facilities,including network congestion,network/equipment/power failure,or another technical problem. •All questions should be directed to 1-800-391-3000.E911 Service,Private Branch Exchange,and Direct Inward Dial Service. By signing below,Customer acknowledges,agrees to and accepts the terms and conditions of this Sales Order. Signature: Signature: Sales Rep: David Ingber Name: Name: Sales Rep E-Mail: david_ingber@comcast.com Title: Title: Region: Florida Date: Date: Division: Central Page 29 of 736 COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM BUSINESS ETHERNET SERVICES AND PRICING Account Name: City of Boynton Beach Date: March 26,2018 MSA ID#: FI-4858162-CMun r= SO ID#: FI-4858162-CMun Short Description of Service:F Service Term(Months): 60 Solution Charaes f1 s ......!'I,, 2045 HIGH RIDGE RD-City 1 Change Add EN110100 Port of Boynton South Florida $46.36 $0.00 Request Beach 2045 HIGH RIDGE RD 2045 HIGH RIDGE RD-City 2 Change Add EDI-ENI-10100 Port of Boynton $0.00 $0.00 Request Beach 2045 HIGH RIDGE RD 2045 HIGH RIDGE RD-City 3 Change Add EDI-100 100 Mbps of Boynton Interstate $948.10 $0.00 Request Beach 2045 HIGH RIDGE RD 2045 HIGH RIDGE RD-City 4 Change Add lPv4 Static Address Static IP Block of Boynton $30.00 $0.00 Request Block/28(14) Beach 2045 HIGH RIDGE RD 2045 HIGH RIDGE RD-City 5 Change Add ENS-BASIC-50 50 Mbps of Boynton See Matrix Interstate $253.44 $0.00 Request Beach 2045 HIGH RIDGE RD 2045 HIGH RIDGE RD-City 6 Change Add EQP FEE Equipment of Boynton $0.00 $0.00 Request Fee Beach 2045 HIGH RIDGE RD 3301 QUANTUM BLVD-FL 1ST- 7 Change Add ENIGIGE Port City of Boynton South Florida $200.90 $0.00 Request Beach 3301 QUANTUM BLVD 3301 QUANTUM BLVD-FL 1ST- 8 Change Add ENS-BASIC-400 400 Mbps City of Boynton See Matrix Interstate $454.34 $0.00 Request Beach 3301 QUANTUM BLVD 3301 QUANTUM Change Equipment BLVD-FL 1ST- 9 Request Add EQP FEE Fee City of Boynton $0.00 $0.00 Beach 3301 QUANTUM Page JO of 736 Solution Charges '%f � � t b�2 I t r � _ t { � t F BLVD 3602 QUANTUM Change BLVD-City of 10 Request Add EN110100 Port Boynton Beach South Florida $46.36 $0.00 3602 QUANTUM BLVD 3602 QUANTUM Change BLVD-City of 11 Request Add ENS-BASIC-50 50 Mbps Boynton Beach See Matrix Interstate $253.44 $0.00 3602 QUANTUM BLVD 3602 QUANTUM Change Equipment BLVD-City of 12 Request Add EQP FEE Fee Boynton Beach $0.00 $0.00 3602 QUANTUM BLVD 1021 S FEDERAL 13 Change No Change EN110100 Port HWY-City of South Florida $46.36 $0.00 Request Boynton Beach 1021 S FEDERAL HWY 1021 S FEDERAL 14 Change No Change ENS-BASIC-50 50 Mbps HWY-City of See Matrix Interstate $253.44 $0.00 Request Boynton Beach 1021 S FEDERAL HWY 1021 S FEDERAL 15 Change No Change EQP FEE Equipment HWY-City of $0.00 $0.00 Request Fee Boynton Beach 1021 S FEDERAL HWY 124 E WOOLBRIGHT Change RD--City of 16 Request No Change EN110100 Port Boynton Beach South Florida $46.36 $0.00 124 E WOOLBRIGHT RD 124 E WOOLBRIGHT Change RD--City of 17 Request No Change ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 124 E WOOLBRIGHT RD 124 E WOOLBRIGHT Change Equipment RD--City of 18 Request No Change EQP FEE Fee Boynton Beach $0.00 $0.00 124 E WOOLBRIGHT RD 1901 N SEACREST Change BLVD-City of 19 Request No Change EN110100 Port Boynton Beach South Florida $46.36 $0.00 1901 N SEACREST BLVD 1901 N SEACREST Change BLVD-City of 20 Request No Change ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 1901 N SEACREST BLVD Page 31 of 736 Solution Charges f � � t t r � _ t { � t F 1901 IN SEACREST Change Equipment BLVD-City of 21 Request No Change EQP FEE Fee Boynton Beach $0.00 $0.00 1901 IN SEACREST BLVD 2080 HIGH RIDGE RD--City 22 Change No Change ENIGIGE Port of Boynton South Florida $164.94 $0.00 Request Beach 2080 HIGH RIDGE RD 2080 HIGH RIDGE RD--City 23 Change No Change ENS-BASIC-1000 1000 Mbps of Boynton See Matrix Interstate $510.06 $0.00 Request Beach 2080 HIGH RIDGE RD 2080 HIGH RIDGE RD--City 24 Change No Change EQP FEE Equipment of Boynton $0.00 $0.00 Request Fee Beach 2080 HIGH RIDGE RD 2080 HIGH RIDGE ROAD- 25 Change No Change ENIGIGE Port PATH B-City of South Florida $164.94 $0.00 Request Boynton Beach 2080 HIGH RIDGE ROAD 2080 HIGH RIDGE ROAD- 26 Change No Change ENS-BASIC-1000 1000 Mbps PATH B-City of See Matrix Interstate $510.06 $0.00 Request Boynton Beach 2080 HIGH RIDGE ROAD 2080 HIGH RIDGE ROAD- 27 Change No Change EQP FEE Equipment PATH B-City of $0.00 $0.00 Request Fee Boynton Beach 2080 HIGH RIDGE ROAD 222 NE 9TH Change AVE-City of 28 Request No Change EN110100 Port Boynton Beach South Florida $46.36 $0.00 222 NE 9TH AVE 222 NE 9TH Change AVE-City of 29 Request No Change ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 222 NE 9TH AVE 222 NE 9TH Change Equipment AVE-City of 30 Request No Change EQP FEE Fee Boynton Beach $0.00 $0.00 222 NE 9TH AVE 2240 IN FEDERAL 31 Change No Change EN110100 Port HWY-City of South Florida $46.36 $0.00 Request Boynton Beach 2240 IN FEDERAL HWY 2240 IN FEDERAL 32 Change No Change ENS-BASIC-20 20 Mbps HWY-City of See Matrix Interstate $185.44 $0.00 Request Boynton Beach 2240 IN FEDERAL HWY 2240 IN FEDERAL 33 Change No Change EQP FEE Equipment HWY-City of $0.00 $0.00 Request Fee Boynton Beach 2240 IN FEDERAL HWY Page 32 of 736 Solution Charges f � � t t r � _ t { � t F 225 NW 12TH Change AVE-City of 34 Request No Change EN110100 Port Boynton Beach South Florida $46.36 $0.00 225 NW 12TH AVE 225 NW 12TH Change AVE-City of 35 Request No Change ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 225 NW 12TH AVE 225 NW 12TH Change Equipment AVE-City of 36 Request No Change EQP FEE Fee Boynton Beach $0.00 $0.00 225 NW 12TH AVE 2615 W WOOLBRIGHT Change RD-City of 37 Request No Change EN110100 Port Boynton Beach South Florida $46.36 $0.00 2615 W WOOLBRIGHT RD 2615 W WOOLBRIGHT Change RD-City of 38 Request No Change ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 2615 W WOOLBRIGHT RD 2615 W WOOLBRIGHT Change Equipment RD-City of 39 Request No Change EQP FEE Fee Boynton Beach $0.00 $0.00 2615 W WOOLBRIGHT RD 3111 S CONGRESS Change AVE-City of 40 Request No Change EN110100 Port Boynton Beach South Florida $46.36 $0.00 3111 S CONGRESS AVE 3111 S CONGRESS Change AVE-City of 41 Request No Change ENS-BASIC-50 50 Mbps Boynton Beach See Matrix Interstate $253.44 $0.00 3111 S CONGRESS AVE 3111 S CONGRESS Change Equipment AVE-City of 42 Request No Change EQP FEE Fee Boynton Beach $0.00 $0.00 3111 S CONGRESS AVE 3501 N CONGRESS Change AVE-City of 43 Request No Change EN110100 Port Boynton Beach South Florida $46.36 $0.00 3501 N CONGRESS AVE 3501 N CONGRESS Change AVE-City of 44 Request No Change ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 3501 N CONGRESS AVE 3501 N CONGRESS Change Equipment AVE-City of 45 Request No Change EQP FEE Fee Boynton Beach $0.00 $0.00 3501 N CONGRESS AVE Page 33 of 736 Solution Charges t�� s t !f r.rt, vie" f � � t t r � t {t F 5469 W BOYNTON BCH Change BLVD-City of 46 Request No Change EN110100 Port Boynton Beach South Florida $46.36 $0.00 5469 W BOYNTON BCH BLVD 5469 W BOYNTON BCH Change BLVD-City of 47 Request No Change ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 5469 W BOYNTON BCH BLVD 5469 W BOYNTON BCH Change Equipment BLVD-City of 48 Request No Change EQP FEE Fee Boynton Beach $0.00 $0.00 5469 W BOYNTON BCH BLVD 6415 N OCEAN Change BLVD-City of 49 Request No Change EN110100 Port Boynton Beach South Florida $46.36 $0.00 6415 N OCEAN BLVD 6415 N OCEAN Change BLVD-City of 50 Request No Change ENS-BASIC-20 20 Mbps Boynton Beach See Matrix Interstate $185.44 $0.00 6415 N OCEAN BLVD 6415 N OCEAN Change Equipment BLVD-City of 51 Request No Change EQP FEE Fee Boynton Beach $0.00 $0.00 6415 N OCEAN BLVD 8020 JOG Change ROAD-City of 52 Request No Change EN110100 Port Boynton Beach South Florida $46.36 $0.00 8020 JOG ROAD 8020 JOG Change ROAD-City of 53 Request No Change ENS-BASIC-20 20 Mbps Boynton Beach See Matrix Interstate $185.44 $0.00 8020 JOG ROAD 8020 JOG Change Equipment ROAD-City of 54 Request No Change EQP FEE Fee Boynton Beach $0.00 $0.00 8020 JOG ROAD Services Location Details attached Service CharQes —Performance Tier Matrix Attached (For On-Net to On-Net or On-Net to Off-Net) Total $7,798.69 $0.00 Eauipment Fees 1 $0.00 Page 34 of 736 COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM BUSINESS SERVICE LOCATION DETAIL INFORMATION ,. FI-4858162-CMunr- Account Narne:�City of Boynton Beach IMSA 113#:�FI-4858162-CMunr SO ID#. 10980671 Date: March 26, rr J I Jill i2018f 3111 S CONGRESS 3111 S BOYNTON Charles 1 AVE-City of CONGRESS BEACH FL 33426 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton AVE Beach 124 E WOOLBRIGH 124 E BOYNTON Charles 2 T RD--City of WOOLBRIGHT BEACH FL 33435 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton RD Beach 8020 JOG 3 Boynton ROAD BEACH ROAD-City of 8020 JOG BOYNTON FL 33472 Stevens Charles (561)742-6079 stevensc@bbfl.us Yes No Beach 1901 N SEACREST 1901 N BOYNTON Charles 4 BLVD-City of SEACREST BEACH FL 33435 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton BLVD Beach 3501 N CONGRESS 3501 N BOYNTON Charles 5 AVE-City of CONGRESS BEACH FL 33436 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton AVE Beach 2615 W WOOLBRIGH 2615 W BOYNTON Charles 6 T RD-City of WOOLBRIGHT BEACH FL 33436 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton RD Beach 222 NE 9TH 7 AVE-City of 222 NE 9TH BOYNTON FL 33435 Charles (561)742-6092 stevensc@bbfl.us Yes No Boynton AVE BEACH Stevens Beach 3301 QUANTUM 3301 8 BLVD-FL QUANTUM FL1ST BOYNTON FL 33426 No 1ST-City of BLVD BEACH Boynton Beach 2240 N FEDERAL 2240 N BOYNTON Charles 9 HWY-City of FEDERAL BEACH FL 33435 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton HWY Beach 6415 N OCEAN 6415 N OCEAN BOYNTON Charles 10 BLVD-City of BLVD BEACH FL 33435 Stevens (561)742-6092 stevensc@bbfl.us Yes No Boynton Beach 2080 HIGH RIDGE 11 ROAD-PATH 2080 HIGH PATH B BOYNTON FL 33426 Charles (561)742-6092 stevensc@bbfl.us Yes No B-City of RIDGE ROAD BEACH Stevens Boynton Beach 225 NW 12TH 12 AVE-City of 225 NW 12TH BOYNTON FL 33435 Stevens Charles Boynton AVE BEACH (561)742-6079 stevensc@bbfl.us Yes No Beach 3602 QUANTUM 3602 BOYNTON Charles 13 BLVD-City of QUANTUM BEACH FL 33426 Stevens (561)742-6092 stevensc@bbfl.us Yes No Boynton BLVD Beach Page 35 of 736 rr z 1021 S FEDERAL 1021 S BOYNTON Charles 14 HWY-City of FEDERAL BEACH FL 33435 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton HWY Beach 2045 HIGH RIDGE RD- 2045 HIGH BOYNTON Charles 15 City of RIDGE RD BEACH FL 33426 Stevens (561)742-6092 stevensc@bbfl.us Yes No Boynton Beach 2080 HIGH RIDGE RD-- 2080 HIGH BOYNTON Charles 16 City of RIDGE RD BEACH FL 33426 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton Beach 5469 W BOYNTON 5469 W 17 BCH BLVD- BOYNTON BOYNTON FL 33437 Charles (561)742-6079 stevensc@bbfl.us Yes No City of BCH BLVD BEACH Stevens Boynton Beach Page 36 of 736 Comcast Enterprise Services Sales Order Form Ethernet Transport Services Performance Tier PT]Matrix Cantral&WaStarn PTl PT3 PT3 PT3 PT3 773 PT3 PT2 PT2 PT2 PT2 PT3 PT3 PT2 PTS 772 PT2 PT2 PTS PT3 PT4 PT4 PT3 PT4 PT2 PTS PT3 PT3 774 PT2 PA{PAI Cantral Arkasas P73 PT1 PT3 PT2 PT2 P73 P73 PT2 P79 P73 PT3 PT2 PT3 PT3 P73 P73 P73 PT2 PT3 PT2 PT3 Pia P73 PT3 PT2 PT3 PT2 PT3 F73 773 {CAR) Central New PT3 PT3 PTI PT3 PT2 PT4 P73 PT3 PT4 Pia PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 P74 M-1cc;(CNM) Coasta9G—gla PT3 PT2 PTS PTI PT3 P73 RT2 PT2 PT3 P73 PTS PT3 P73 PT3 PT2 P73 PTS PT3 PT3 PT2 PT4 PT4 RT2 PT4 PT2 P72 PT2 PT3 PT4 RTS {03A) `. Colorado(00) : PT3 PT2 P72 PT3 PT1 P74 RT3 PT3 PTS P72 PT3 PT2 PT2 PT2 P73 P72 RT3 PT3 P72 R73 PT2 PT3 RTI PT2 PT3 PTS PT3 PT2 P73 R73 East-h PT3 PT3 PT4 PT3 PT4 PTI RT3 PT2 P74 P73 PTS PTS PTS PT3 PT3 P73 RTS PT2 PT3 RT2 PT4 PT4 RTS PT4 RT2 PTS PT3 PT4 PT4 RT4 Tenoemgee(FTU) s Fl.dd. PT3 PT3 PT3 PT2 PT3 PTS PTI PT2 PTS RT2 PT3 PT3 P73 PT3 Pit PT3 PT3 PT2 PT3 PT2 PT3 PT4 -2 RT4 PT2 PT2 PT3 PT3 RT4 RT3 Panhant9la(FPA( <. Graatar Atlanta PT2 PT2 PTI PT2 PT3 PT2 PT2 Pi 1 PT3 Pit PT2 PT 2 PT3 PT2 PT2 PT2 RTZ PT2 PT3 PT2 PT3 PT3 PT2 PT3 PT2 P72 PT2 PT3 PT3 PT3 JATQ Greater Boston : PT2 PT3 PT4 PT3 PT3 PT4 PT3 PT3 PTI Pit PT2 PT3 PT3 PT2 PT3 PT2 P72PT3 PT3 PT3 P74 PT4 PT3 PT4 PT3 Pia PT3 PT4 PT4 P72 BOS) Greater Chicago PT2 PT3 PT3 PT3 PT2 PT3 PT2 PT2 P72 P71 PT2 PT2 PT2 PT2 PT2 PT2 PT2 PT2 PT2 P73 PT3 PT3 PT3 PT3 PT2 P73 PT3 PT3 PT3 P72 {CH91 Greater Rh a9& PT2 PT3 PTS PT3 PT3 P73 RTS RT2 PT2 RT2 PTI PT3 PT3 PT2 PT3 P72 PT2 PT2 PT3 P73 PT4 PT4 RTS RT4 PTS PTS PTS PT3 P74 PT2 New Jeer.ey(PHLJ...' Houst—(HOU) PT3 PT2 P73 PTS PT2 P73 P73 P72 P73 P72 PTS Pit P73 PT2 PT2 P73 P73 P72 PT3 RTS PT3 RT3 PT2 PT3 RT3 PTS PT2 PT3 P73 PTS IINDPafitl encs ; PT3 PT3 PT3 PT3 PT2 P73 RT3 PT3 FT3 PT2 PT3 PT3 PTI PT2 PTI P72 R73 PT2 P72 R73 PT3 PT3 PT3 RT3 PTS PT3 PT3 PT3 P73 PTS (IN OP) Intlaana:jRN6) PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT2 P72 PT2 PT2 PT2 PTI PT2 PT2 PT2 PT2 P1 2 P73 PTI PTI PT3 PT3 PTI F73 1 1 3 PTI PTI Pit Jack—Alle[JAC) PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT2 PT3 Pit PT3 PT2 PT3 PT2 PTI PT3 PT3 PT2 PT3 Pit PT4 PT4 PT2 PT4 PT3 PT2 PTI PT3 PT4 Pia Mochigatt(Ml) : PT2 PT3 PT3 PT3 PT2 PT3 P73 PT2 PT2 Pit PT2 PT3 PT2 PT2 PT3 PTI PT2 PT2 PT2 PT3 PT3 PT3 PT3 PT3 PT3 Pia PT3 PT3 PT3 PT2 Mid Atlantic PT2 PT3 P73 PT3 PT3 PT3 PT3 PT2 PT2 P72 PT2 PT3 P73 PT2 PT3 PT2 PTI PT2 P73 PT3 PT4 PT4 PT3 RT4 PT3 P73 PT3 PT3 PT4 PT2 (MAT) Middl, PT2 PT2 PTS PT3 PT3 P72 RT2 PT2 P73 RT2 PT2 PT2 P72 P72 PT2 P72 -2 -1 P72 PT2 PTS PT3 PT2 PT3 RT2 PT3 PT3 PTS PT3 R73 Tenh—de(MTNJ i Mtnnesnta(MM PTS PT3 PT3 PTS PT2 P79 773 PTS PTS 772 PTS PT4 P72 PT2 PTS PT2 77S PT2 PT1 RTS PT4 PT3 7T3 PTS PTS RT3 PTS PT4 P74 773 Northern AL[NAL) PT3 P72 P73 PT2 PT3 P72 772 PT2 PT3 PT PT3 P73 PT3 PT3 PT2 P79 PT3 P72 P73 771 PT4 PT4 PT3 PT4 P72 P72 PT2 PT3 PT4 PT3 Northam CA(NCA)'. PT4 PT3 PT3 PT4 PT2 PT4 PT3 PT3 P74 PT3 PT4 PT3 PT3 PT3 PT4 PT3 PT4 PT3 PTS PT4 PTI PT2 PT4 PT2 PT4 PT4 PT3 PT2 PT2 P74 Oregon&SW PT4 PT3 PT3 PT4 PT3 PT4 PT4 PT3 PT4 Pia PT4 PT3 PT3 PT3 PT4 PT3 PT4 PT3 PT3 P74 PT2 PTI PT4 PT2 PT4 PT4 PT3 PT2 PT2 P74 Washmgtan pOR3 South Florida PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT2 PT3 Pia PT3 PT2 PT3 PT3 PT2 PT3 PT3 PT2 PT3 PT3 PT4 PT4 PTI PT4 PT3 PT2 PT3 PT3 PT4 Pia jSFL) Southern '.. PT4 PT3 PTS PT4 PT2 P74 PT4 PT3 P74 P73 PT4 PT3 P73 PT3 PT4 P73 RT4 PT3 RT3RT4 PT2 PT2 RT4 PTI RT4 P74 PTS PT2 Pit PT4 Calif.,,!.(SCA) S—thashTN& PT2 P72 PT3 PT2 -3 PT2 PT2 PT2 FTS PT2 PT3 PT3 PT3 PT3 PTS 773 PTS PT2 -1P72 PT4 PT4 PT3 PT4 M -1PT2 -3774 P73 North GA(STN) Suuthve est Florida.. P73 PT3 PT3 PT2 PT3 P73 772 PT2 P73 PT3 PT3 P73 PT3 PT3 P72 P73 P73 P73 PT3 PT2 PT4 P74 PT2 PT4 P73 PTI PT3 P73 PT4 773 jSWF1 SWTN&Noah— PT3 PT2 PT3 PT2 PT3 PTS PT3 PT2 PTS PT3 PT3 PT2 PT3 PT3 PTS PT3 P73 PT3 PTS PT2 PT3 PTS PT3 PT3 PT2 FT3 PT1 PT3 PT3 PT3 MS ISWT1 UCah(UT) : PT3 PT3 PT3 PT3 PT2 PT4 P73 PT3 PT4 P73 PT3 PT3 PT3 PT3 PTS PT3 PT3 PT3 PT3 PT3 PT2 PT2 P73 PT2 PT3 PT3 PTI PTI PT2 PT4 Washang[onfWA): PT4 PT3 PT3 PT4 PT3 PT4 P74 PT3 P74 Pia PT4 PT3 PT3 PTI PT4 PT3 Pio PTI PTI PYA PT2 PT2 PT4 PT2 PT4 PT4 PT3 PT2 PT1 P74 Western New PT2 PT3 P74 PTS PTS P74 PT3 PTS P72 P72 PT2 PTS PT3 P72 PT3 P72 P72 PTS P73 IT" PT4 PT4 PT3 PT4 PT3 PT3 P73 PT4 PT4 PT1 England.(WNEI COMCAST BUSINESS 2018-0I-05 EVIS Page 37 of 736 The entire contract can be found at https:ZZwww.gsaadvantage.govZref text/GS35F1 4 , / AUGI.3KFKKA GS-35F- 1 4BA CDMCASTPS 005Q3092016.PDF Authorized General Services Administration Federal Acquisition Service Information Technology Schedule Pricelist GS-3 F-184BA Comcast Business Communications, LLC One Comcast Center 1701 JFI' Boulevard Philadelphia, PA 19103 � Phone: 215-665-1700 kevin carneyCo',cable.comcast.com Contract Number: GS-35F-184BA Period Covered by Contract: February 1.2014—January 31.2019 General Services Administration,Federal Acquisition Service PiWehbt eurneln flirough l�iodit3cation Ntr;nher PS-0005,effective 03,0912016.Products amtl ordering information i7r this Authorized FAS Information Technology Schedule Pricelist are also available on the GSA Advantage!System.Agencies can browse GSA Advantage!by ac ess ng the Federal AcgGusitian Seta7ce's Home Page -ia the Giternet of]xth) «zvtis-rss Asa env 132-52 ENS-Basic 2DMB ENS-B20 Ethernet Network Services-Basic, ea $462.89 20MB 132-52 ENS-Basic 50MB ENS-B50 Ethernet Network Services-Basic, ea $632.81 50MB 132-52 ENS-Basic 100MB ENS-B100 Ethernet Network Services-Basic, ea $925,78 100M6 132-52 ENS-Basic 400MB ENS-6400 Ethernet Network Services-Basic, ea $1,134.43 400M B 132-52 ENS-Basic 1000MB ENS-81000 Ethernet Network Services-Basic, ea $1,55D.47 1000N1B 132-52 EDI-Bandwidth ED1100 Ethernet Dedicated Internet- ea $1,649.17 100MB Bandwidth, 100MB Page 38 of 736 McNally, Subject: FW: Revised Locations and Bandwidth Requirements for City of Boynton Beach WAN Project Attachments: [|TYOFBOYNT(]NBEACH'SOAO13O18.pdf From: |ngber, David [mai|to:David_|ngber@comcaotzom] Sent:Tuesday,January 30, 201811:40AM To: Stevens, Charles<otevenoc@bbf|.uo> Subject: RE: Revised Locations and Bandwidth Requirements for City of Boynton Beach WAN Project Charles Attached please find copy of revised pricing for the City of Boynton Beach WAN project. Please note the following: 1. Please reference Comcast GSA Contract-GS-35F-184BA for pricing. (Please note additional discounts and incentives were applied to total solution) 2. The New City ofBoynton Beach City Hall location will be excluded from current Service Order Agreement due to timelines of completion of construction of the new building. 3. Comcast will extend new contracted rates for New City Hall location when ready to move forward with deployment ofnew services. Please call nneifyou have any questions. Thankyou David David Ingber Strategic Account Manager,Florida 789International Parkway Sunrise,Florida 3332S 954.551.9368 (Mobile) 1 800-741-4141 (Enterprise Care) IJEnterprise ETHERNET PRIVATE LINE I DEDICATED INTERNETACCESS I ETHERNETVIRTUAL PRIVATE LINE I ETHERNET NETWORK SERVICE Telecom Diverse I Easily Scalable |High Capacity 1a4/rSupport I MEF Certified Carrier Ethernet I Tailored Bandwidth Solutions ��=��1� ��^``��,�~� ` BUSINESS Click HERE for serviceable Markets Page 39Of736 From: Stevens, Charles Sent: Monday,January 29, 201810:23AM To: |ngber, David Subject: RE: Revised Locations and Bandwidth Requirements for City of Boynton Beach WAN Project Per our conversation onthe phone can you please add the following tothe "General Comments" section ofthe Comcast Enterprise Services Sales Order Form. 0 | need stated that the pricing provided isbased onGSA schedule GS-35F-1840A. 0 | need acomment stating that the New City Hall isinthe design phase and mynot beready for the ENS WAN connectivity until 1gto24months. You can word these however your legal department sees fit. Thank You, Charles Stevens,Jr, CGClO ITS Network Manager Information Technology Services City ofBoynton Beach 100E. Boynton Beach Blvd. | Boynton Beach, Florida 33435 � 561-742-6079 | M 561-644-4214 1 la 561-742-6092 ��stevensc��bbf|.ms | http://xvxvxv.boynton-beach.org/ n America's Gateway tothe Gulfstream Please beadvised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may besubject topublic disclosure. From: |ngber, David ] Sent: Friday,January 26, 20182:12PM To: Stevens, Charles Cc: |ngber, David Subject: RE: Revised Locations and Bandwidth Requirements for City of Boynton Beach WAN Project Importance: High Charles z Page 40Of736 Attached please find copy ofupdated pricing for the City ofBoynton Beach WAN project. Please call nne if you have any questions. Thankyou David David Inger Strategic Account Manager,Florida 789International Parkway Sunrise,Florida 3332S 954.551.9368 (Mobile) 1 800-741-4141 (Enterprise Cane) ETHERNET PRIVATE LINE I DEDICATED INTERNETACCESS I ETHERNETVIRTUAL PRIVATE LINE I ETHERNET NETWORK SERVICE Telecom Diverse I Easily Scalable |High Capacity 1a4/7Support I MEF Certified Carrier Ethernet I Tailored Bandwidth Solutions «�� ^~^��^ ^^� � BUSINESS Click HERE for serviceable Markets From: Stevens, Charles Sent: Friday,January 12, 201810:0SAM Subject: Revised Locations and Bandwidth Requirements for City of Boynton Beach WAN Project Importance: High As promised, | have listed the locations that vve are going to install the new network connectivity.You may notice that we have eliminated a couple of locations. I found out that these locations were being abandoned with the New City Hall is completed. If you could have the updated pricing and agreements back to me by Friday,January 26, 2018 1 would appreciate it. If you can get them done sooner it would be appreciated. If you cannot make the deadline, please let me know. Location Address Bandwidth Port Comments Public Works Admin 222NE9,hAve, FL3343S 100Mbpo 100Mbpo Fire Station #2 261SVV.VVoo|brightRoad, FL33436 100Mbpo 100Mbpo Fire Station #3 3S01N. Congress Ave, FL33436 100Mbpo 100Mbpo Hester Center 1901SeacreotBlvd, FL3343S 100Mbpo 100Mbpo Intracoastal Park 2240NFederal Hwy, FL3343S 20Mbpo 100Mbpo Oceanfront Park 641SNOcean Blvd, FL3343S 20Mbpo 100Mbpo SIMS Center 22SNVV1JthAve, FL3343S 100Mbpo 100Mbpo Senior Center 1021SFederal Hwy, FL3343S 50Mbpo 100Mbpo Tennis Center 3111SCongress Ave, FL33426 50Mbpo 100Mbpo The Links 8020Jog Rd, Boynton Beach, FL33472 20Mbpo 100Mbpo West Water Plant S469West Boynton Beach Blvd, FL33437 100Mbpo 100Mbpo Utilities Admin 124E.VVoo|brightRoad, FL3343S 100Mbpo 100Mbpo New City Hall 208SSeacneotBlvd, FL 33435 400Mbpo 1Gbpo Diverse Paths 3 Page 41Of736 New City Hall 208 S Seacrest Blvd, FL 33435 400Mbps 1Gbps Diverse Paths Fire Station #5 2080 High Ridge Road, FL 33426 1Gbps 1Gbps Diverse Paths Fire Station #5 2080 High Ridge Road, FL 33426 1Gbps 1Gbps Diverse Paths Notes for Agreement • Turn Key project, demarc to demarc with 5 year term. Monthly price includes all costs. • New City Hall at 208 S Seacrest Blvd, FL 33435 is in the planning/design stage and is expected to be ready for connectivity approximately June 2019.This date may change depending on engineering and construction schedules. Thank You, Charles Stevens,Jr., CGCI 7 ITS Network Manager Information Technology Services City of Boynton Beach ' 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 IF 561-742-6079 I 561-644-4214 I is 561-742-6092 stevensc@bbfl.us I http://www.boyntori-beach.org/ r America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 4 Page 42 of 736 RESOLUTION NO. R18-032 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 60-MONTH CONTRACT FOR THE PURCHASE OF WAN NETWORK CONNECTIVITY SERVICES FROM COMCAST BUSINESS COMMUNICATIONS, LLC FOR $6,000 A MONTH, UTILIZING THE GENERAL SERVICES ADMINISTRATION (GSA) CONTRACT # GS-35F-184BA; AND 11 PROVIDING AN EFFECTIVE DATE. WHEREAS, the current WAN network connectivity is provided by a combination of I 1legacy Adelphia Cable (Comcast) dark fiber, connecting 9 city buildings to City Hall and 16 AT&T MetroE, connecting 6 city buildings to City Hall and Fire Station #5; and i WHEREAS, the recommended solutions is engineered to have Fire Station #5/EOC 1E as the core, since the datacenter is located at Fire Station #5 and Fire Station #5 and the New 19 City Hall will have redundant network connections coming from diverse paths to help ensure 2 a network failure does not occur if one of the fiber connections is a cut; and 21� WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 2Z recommendation of staff, deems it to be in the best interests of the City residents to approve 2 and authorize the City Manager to sign a 60-month contract for the purchase of WAN 2 network connectivity services from Comcast Business Communications, LLC, for $6,000 2� per month utilizing the General Services Administration (GSA) contract #GS-3 5F I 84BA. 2q NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:\Users\Stanzionel'\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Comeast—Business—Communications—WAN—Agreement---Reso.doc Page 43 of 736 2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 3111 Section 2. The City Commission hereby approves and authorizes the City 3', Manager to sign a 60-month contract for the purchase of WAN network connectivity i 31 services from Comcast Business Communications, LLC, for $6,000 per month utilizing the 1 3 General Services Administration (GSA) contract #GS-35FI84BA, a copy of which 3 Agreement is attached hereto as Exhibit "A." 3 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this 201h day of February, 2017. 61 381 CITY OF BOYNTON BEACH, FLORIDA 3� 4 1 YES NO 41 Mayor— Steven B. Grant 4 4 Vice Mayor—Justin Katz 4 4 , Commissioner—Mack McCray 4 4 Commissioner—Christina L. Romelus 41' 4�, Commissioner—Joe Casello 5 51 5 VOTE 5 ATTEST: 5 57 JudithjPyle, CMC 50 City erk i,X 1� 5J 6 61 6 (City Seal) C:\Users\StanzioiieT\AppData\L,ocal\Microsoft\Windows\Temporary Internet Files\Content.tF5\SATNOEVN\Comcast—Business—Communications—WAN—Apreement---Reso.doc Page 44 of 7361 US1-NESS 4VIY14F1J 1 GIY 1 CRr RIJG JGRYI4GJ J/1LCJ VRVGR i-VRIYI Account Name:City of Boynton Beach MSA ID#:FI-4858162-CMunr SO ID#:FI-4858162-CMunr-10545217 Primary Contact: Charles Stevens City:Boynton Beach Phone:561 742-6079 Title: State:FL Cell: Address 1: 100 E Boynton Beach Blvd Zip:33435 Fax: Address 2: Allowable Contract Date: Email:stevensc@bbfl.us Contract Generated Date:01/30/2018 -- Service Term(Months):160 SUMMARY OF SERVICE CHARGES" SUMMARY OF STANDARD INSTALLATION FEES Total Ethernet Monthly Recurring Charges: $5,565.75 Total Ethernet Standard installation Fees`: $0.00 Total Trunk Services Monthly Recurring Charges: $0.00 Total Trunk Services Standard installation Fees: $0.00 Total Off-Net Monthly Recurring Charges: $0.00 Total Off-Net Standard Installation Fees: $0.00 Total Monthly Recurring Charges(all Services): $5,565.75 Total Standard Installation Fees(all Services): $0.00 SUMMARY OF CUSTOM INSTALLATION FEES Total Custom Installation Fee: $0.00 Amortized Custom Installation Fee $0.00 SUMMARY OF EQUIPMENT FEES Total Monthly Recurring Ethernet Equipment Fees: $0.00 Total Monthly Recurring Trunk Services Equipment Fees: $0.00 Total Monthly Recurring Equipment Fees(all Services): $0.00 Note: Charges identified in the Service Order are exclusive of maintenance and repair charges,and applicable federal,state,and local taxes,USF fees,surcharges and recoupments(however designated). Please efer to your Comcast Enterprise Services Master Services Agreement(MSA)for specific detail regarding such charges.Customer shall pay Comcast one hundred percent(100%)of the non-amortized Custom nstallation Fee prior to the installation of Service. chis Comcast Enterprise Services Sales Order Form("Sales Order")shall be effective upon acceptance by Comcast.This Sales Order is made a part of the Comcast Enterprise Services Master Services Agreement, entered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s)ordered herein,located at http://business.comcast.comlenterprise-terms-of-service/index,aspx,(the Agreement").Unless otherwise indicated herein,capitalized words shall have the same meaning as in the Agreement. -911 NOTICE ;omcast Business Class Trunking Service may have the E911 limitations specified below: The National Emergency Number Association(NENA),a 911 industry organization that makes recommendations for standardized services relating to E911,has issued guidelines that state"The PBX owner is esponsible for creating customer records,preferably in NENA standard format,that identify caller locations." To facilitate Customer's compliance with these guidelines and with associated state and local requirements elated to provision of Automatic Location Information(ALI)for E911 services,Comcast offers two options: a.Comcast will send to the ALI database or Subscriber Location Database(SLDB)the main billing telephone number and the main address provided by Customer;or b.Customer may choose to sign up for up to 10 Emergency Location Information Numbers(ELINs)that Customer could assign to zones within Customers premises that would be separately identified to the E911 ;all taker.The location information,such as a specific floor,side of a building,or other identifying information,could assist emergency responders to more quickly reach the appropriate location. Customer is solely esponsible for programming it's PBX system to map each station to one of these numbers,and for updating the system as necessary to reflect moves or additions of stations within the premises. Comcast will send he assigned ELINs to the ALI or SLDB database,as is appropriate. Many jurisdictions require businesses using multi-line telephone systems to program their systems to transmit specific location information for 911 calls. Customer bears sole responsibility to ensure that it identifies ind complies with all such requirements. In any event,if Customer does not maintain E911 records in a timely and accurate manner,the E911 call taker may not receive proper location information,and emergency esponders may be delayed or even prevented from timely reaching the caller's location. Battery Back Up-The Integrated Access Device(IAD)provided by Comcast is not equipped with battery backup. It is Customer's responsibility to ensure adequate back-up power is provided to ensure service ;ontinuity during a power outage,as employees would otherwise be unable to use the Services,including dialing 9-1-1,when power is unavailable. Calls using the Service,including calls to 911,may not be completed if there is a problem with network facilities,including network congestion,network/equipment/power failure,or another technical problem. All questions should be directed to 1-500-391-3000.E911 Service,Private Branch Exchange,and Direct Inward Dial Service. 3y signing below,Customer acknowledges,agrees to and accepts the terms and conditions of this Sales Order signature: Signature: Sales Rep: David Ingber flame: Name: Sales Rep E-Mail: david_ingber@comcast.com Title: Title: Region: Florida )ate: Date: Division: Central Page 45 of 736 --OMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM 3USINESS ETHERNET SERVICES AND PRICING Account Name: City of Boynton Beach Date: January 30,2018 MSA ID#: FI-4858162-CMunr SO ID#: FI-4858162-CMUnh10545217 Short Description of Service: iervice Term(Months): 60 Solution Charges Film I=NPIRMW 1021 S FEDERAL 1 New Add EN110100 Port HWY-City of South Florida $46.36 $0.00 Boynton Beach 1021 S FEDERAL HWY 1021 S FEDERAL 2 New Add ENS-BASIC-50 50 Mbps HWY-City of See Matrix Interstate $253.44 $0.00 Boynton Beach 1021 S FEDERAL HWY 1021 S FEDERAL 3 New Add EDP FEE Equipment HWY-City of $0.00 $0.00 Fee Boynton Beach 1021 S FEDERAL HWY 124 E WOOLBRIGHT RD--City of 4 New Add EN110100 Port Boynton Beach South Florida $46.36 $0.00 124 E WOOLBRIGHT RD 124 E WOOLBRIGHT RD--City of 5 New Add ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 124 E WOOLBRIGHT RD 124 E WOOLBRIGHT RD--City of 6 New Add EQP FEE Equipment Boynton Beach $0.00 $0.00 124 E WOOLBRIGHT RD 1901 N SEACREST BLVD-City of 7 New Add EN110100 Port Boynton Beach South Florida $46.36 $0.00 1901 N SEACREST BLVD 1901 N SEACREST BLVD-City of 8 New Add ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 1901 N SEACREST BLVD 1901 N Page 6 of 736 SFAf`RFST Solution Charges BLVD 2080 HIGH RIDGE RD--City 10 New Add ENIGIGE pod of Boynton South Florida $164.94 $0.00 Beach 2080 HIGH RIDGE RD 2080 HIGH RIDGE RD--City 11 New Add ENS-BASIC-1000 1000 Mbps of Boynton See Matrix Interstate $510.06 $0.00 Beach 2080 HIGH RIDGE RD 2080 HIGH RIDGE RD--City 12 New Add EQP FEE Equipment of Boynton $0.00 $0.00 Fee Beach 2080 HIGH RIDGE RD 2080 HIGH RIDGE ROAD- 13 New Add ENIGIGE Pod PATH B-City of South Florida $164.94 $0.00 Boynton Beach 2080 HIGH RIDGE ROAD 2080 HIGH RIDGE ROAD- 14 New Add ENS-BASIC-1000 1000 Mbps PATH B-City of See Matrix Interstate $510.06 $0.00 Boynton Beach 2080 HIGH RIDGE ROAD 2080 HIGH RIDGE ROAD- 15 New Add EOP FEE Equipment PATH B-City of $0.00 $0.00 Fee Boynton Beach 2080 HIGH RIDGE ROAD 222 NE 9TH AVE-City of 16 New Add EN110100 Port Boynton Beach South Florida $46.36 $0.00 222 NE 9TH AVE 222 NE 9TH AVE-City of 17 New Add ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 222 NE 9TH AVE 222 NE 9TH AVE-City of 18 New Add EQP FEE Equipment Boynton Beach $0.00 $0.00 222 NE 9TH AVE 2240 N FEDERAL 19 New Add EN110100 pod HWY-City of South Florida $46.36 $0.00 Boynton Beach 2240 N FEDERAL HWY 2240 N FEDERAL 20 New Add ENS-BASIC-20 20 Mbps HWY-City of See Matrix Interstate $185.44 $0.00 Boynton Beach 2240 N FEDERAL HWY 2240 N FEDERAL 21 New Add EQP FEE Equipment HWY-City of $0.00 $0.00 Fee Boynton Beach 2240 N FEDERAL HWY 225 NW 12TH Pa7 of 736 AVE-City of Page Solution Charoes - 225 NW 12TH — - AVE-City of 23 New Add ENS-13ASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 225 NW 12TH AVE 225 NW 12TH Equipment AVE-City of 24 New Add EQP FEE Fee Boynton Beach $0.00 $0.00 225 NW 12TH AVE 2615 W WOOLBRIGHT RD-City of 25 New Add EN110100 Port Boynton Beach South Florida $46.36 $0.00 2615 W WOOLBRIGHT RD 2615 W WOOLBRIGHT RD-City of 26 New Add ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 2615 W WOOLBRIGHT RD 2615 W WOOLBRIGHT Equipment RD-City of 27 New Add EQP FEE Fee Boynton Beach $0.00 $0.00 2615 W WOOLBRIGHT RD 3111 S CONGRESS AVE-City of 28 New Add EN110100 Port Boynton Beach South Florida $46.36 $0.00 3111 S CONGRESS AVE 3111 S CONGRESS AVE-City of 29 New Add ENS-BASIC-50 50 Mbps Boynton Beach See Matrix Interstate $253.44 $0.00 3111 S CONGRESS AVE 3111 S CONGRESS Equipment AVE-City of 30 New Add EQP FEE Fee Boynton Beach $0.00 $0.00 3111 S CONGRESS AVE 3501 N CONGRESS AVE-City of 31 New Add EN110100 Port Boynton Beach South Florida $46.36 $0.00 3501 N CONGRESS AVE 3501 N CONGRESS AVE-City of 32 New Add ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 3501 N CONGRESS AVE 3501 N CONGRESS Equipment AVE-City of 33 New Add EQP FEE Fee Boynton Beach $0.00 $0.00 3501 N CONGRESS AVE 5469 W Page 18 of 736 Dnvnirnej D(U Solution Chases BLVD 5469 W BOYNTON BCH BLVD-City of 35 New Add ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 $0.00 5469 W BOYNTON BCH BLVD 5469 W BOYNTON BCH Equipment BLVD-City of 36 New Add EQP FEE Fee Boynton Beach $0.00 $0.00 5469 W BOYNTON BCH BLVD 6415 N OCEAN BLVD-City of 37 New Add EN110100 Port Boynton Beach South Florida $46.36 $0.00 6415 N OCEAN BLVD 6415 N OCEAN BLVD-City of 38 New Add ENS-BASIC-20 20 Mbps Boynton Beach See Matrix Interstate $185.44 $0.00 6415 N OCEAN BLVD 6415 N OCEAN Equipment BLVD-City of 39 New Add EDP FEE Fee Boynton Beach $0.00 $0.00 6415 N OCEAN BLVD 8020 JOG ROAD-City of 40 New Add EN110100 Port Boynton Beach South Florida $46.36 $0.00 8020 JOG ROAD 8020 JOG ROAD-City of 41 New Add ENS-BASIC-20 20 Mbps Boynton Beach See Matrix Interstate $185.44 $0.00 8020 JOG ROAD 8020 JOG ROAD-City of 42 New Add EQP FEE Equipment Boynton Beach $0.00 $0.00 8020 JOG ROAD .$gryice Chases "Services Location Details attached $5,565.75 *Performance Tier Matrix Attached (For On-Net to On-Net or On-Net to Off-Net) Total Eauwmea Fs $0.00 ee $0.00 Page 49 of 736 �OMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM BUSINESS SERVICE LOCATION DETAIL INFORMATION Account Name:City of Boynton Beach MSA ID#:FI-4858162-CMunr SO ID#: 105452172 CMunr- Date: 2p18ary 30, r Pa 1 ) I I 2615 W _ - WOOLBRIGH 2615 W BOYNTON Charles 1 T RD-City of WOOLBRIGHT BEACH FL 33436 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton RD Beach 1901 N SEACREST 1901 N BOYNTON Charles 2 BLVD-City of SEACREST BEACH FL 33435 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton BLVD Beach 2080 HIGH RIDGE RD-- 2080 HIGH BOYNTON Charles 3 City of RIDGE RD BEACH FL 33426 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton Beach 222 NE 9TH 4 AVE-City of 222 NE 9TH BOYNTON FL 33435 Charles (561)742-6079 stevensc@bbfl.us Yes No Boynton AVE BEACH Stevens Beach 5469 W BOYNTON 5469 W 5 BCH BLVD- BOYNTON BOYNTON FL 33437 Charles (561)742-6079 stevensc@bbfl.us Yes No City of BCH BLVD BEACH Stevens Boynton Beach 2240 N FEDERAL 2240 N BOYNTON Charles 6 HWY-City of FEDERAL BEACH FL 33435 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton HWY Beach 225 NW 12TH AVE-City of 225 NW 12TH BOYNTON Charles 7 FL 33435 (561)742-6079 stevensc@bbfl.us Yes No Boynton AVE BEACH Stevens Beach 1021 S FEDERAL 1021 S BOYNTON Charles 8 HWY-City of FEDERAL BEACH FL 33435 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton HWY Beach 3111 S CONGRESS 3111 S BOYNTON Charles 9 AVE-City of CONGRESS BEACH FL 33426 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton AVE Beach 6415 N OCEAN 6415 N OCEAN BOYNTON Charles 10 BLVD-City of BLVD BEACH FL 33435 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton Beach 124 E WOOLBRIGH 124 E BOYNTON Charles 11 T RD--City of WOOLBRIGHT BEACH FL 33435 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton RD Beach 3501 N CONGRESS 3501 N BOYNTON Charles 12 AVE-City of CONGRESS BEACHHFL 33436 Stevens (561)742-6079 stevensc@bbfl.us Yes No Boynton AVE Beach 8020 JOG ROAD-City of 8020 JOG BOYNTON Charles 1�s �o 13 Boynton ROAD BEACH33472 Stevens (561)742-6079 stevensc@bt�f►uds e � O 7M B-City of Boynton Beach Page 51 of 736 Comcast Enterprise Services Sales Order Form Ethernet Transport Services Performance Tier(PT)Matrix 11 EM Canliat$t,Wastern RTI PT3 PT3 PT3 PT3 PT3 PT3 PT2 PT2 PT2 PT2 ITS PT3 PT2 P73 PT2 PT2 PT2 PT3 PT3 P74 PT4 FT3 PT4 PT2 PT3 PT3 PT3 PT4 PT2 PFA(PA) Centra9ATkases '. PT3 PTI PT3 PT2 PT2 PT3 PT3 PT2 PT3 PT3 IT; IT, PT3 PT3 PT3 PT3 PT3 PT2 PT3 PT2 PT3 PT3 PT3 PT3 FT2 PT3 PT2 PT3 PT3 PT3 (CAR) Centras New PT3 PT3 FT1 P73 P72 PT4 PT3 PT3 PT4 PT3 PT3 PT3 PT3 PT3 FT3 PT3 PT3 PT3 PT3 PT3 Pr P73 PT3 PT3 FT3 ITS PT3 PT3 PT3 PT4 Mexico(CNM) Coastat Demote PT3 PT2 PT3 PTI PT3 PT3 PT2 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT2 PT3 RT3 PT3 PT3 PT2 PT4 PT4 PT2 PT4 PT2 PT2 PT2 PT3 PT4 PT3 (CGA} Colorado(CO) PT3 PT2 PT2 PT3 PTI P14 PT3 PT3 PT3 PT2 PT3 PT2 PT2 PT2 P13 PT2 PT3 PT3 FT2 PT3 PT2 PT3 PT3 PT2 PT3 PT3 PT3 PT2 PT3 PT3 EeaEetrl PT3 PT3 PT4 RT3 PT4 PTI PT3 P72 PT4 ITS PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT2 RT3 PT2 PT4 PT4 PT3 PT4 PT2. PT3 PT3 PT4 PT4 PT4 Tennessee(ETN) Iloilo, PT3 PT3 RT3 PT2 PT3 PT3 PTI PT2 PT3 PT2. PT3 PT3 IT RT3 PT2 PT3 PT3 PT2 PT3 P12 PT3 PT4 PT2 PT4 112 FT2 IT'I PTI -1 FT3 Panhandle(FPA) :. T3rearPrAAt$anta- PT2 PT2 PT3 PT2 RT3 PT2 PT2 PT i PT3 P72 P72 IT 2 PT3 PT2 PT2 PT2 PT2 FT2 ITS PT2 PT3 PT3 PT2 PT3 PT2 PT2 PT2 PT3 PT3 PT3 (AT4? Greater sostnn PT2 PT3 PT4 PT3 PT3 PT4 PT3 PT3 PT1 PT2 PT2 RT3 PT3 PT2 PT3 PT2 PT2 RT3 PT3 P73 P14 PT4 FT3 PT4 PT3 PT3 PTS PT4 P74 FT2 (6C)S) GreaterCNicallo PT2 PT3 PT3 PT3 PT2 PT3 PT2 PT2 PT2 PTS P'T2 FT2 IT, PT2 PT2 PT2 PT2 PT2 RT2 PTS PT3 P73 PT3 PT3 PT2 PT3 PT3 PTI FT3 PT2 (CHI) Greater Phll& PT2 PT3 FT3 PT3 PT3 PT3 P73 PT2 PT2 PT2 PTI PT3 PT3 112 PT3 FT2 PT2 PT2 P73 PT3 PT4 PT4 PT3 PT4 Pia PT3 PT3 PT3 P74 PT2 New Jersey{PH4)...i. Houston(HQU) PT3 PT2 PT3 PT3 PT2 PT3 PT3 PT2 PT3 PT2 PT3 P71 PT3 PT2 PT2 PT3 PT3 PT2 PT3 PT3 F73 PT3 PT2 FT3 PT3 PT3 PT2 PT3 RT3 PT3 Independence PT3 RT3 PT3 PT3 P72 PT3 PT3 PT3 PT3 PT2 PT3 P1'3 PTI PT2 PT3 FT2 PT3 FT2 PT2 PT3 PT3 PT3 PT3 PT3 PT3 P73 P13 PT3 PT3 PT3 (sN(3P) sndaana(t1dC)) PT2 PT3 PT3 PT3 FT2 PT3 P73 PT2 RT2 PT2 PT2 PT2 PT2 PTI Pit PT2 PT2 FT2 P12 P73 PT3 PT3 Pia PT3 PT3 F73 PT3 PT3 P13 PT2 lacksonylRe(ldA) PT3 PT3 PTB PT2 PT3 PT3 PT2 PT2 PT3 PT2 PT3 PT2 PT3 PT2 PT1 PT3 FT3 PT2 PT3 P€2 RT4 PT4 PT2 PT4 PT3 PT2 PT3 P73 F14 PT3 Mtchfgan(M1) PT2 PT3 PT3 P73 PT2 PT3 PT3 PT2 P72 PT2 IT PT3 RT2 PT2 PT3 PTI PT2 FT2 P72 PT3 RT3 R73 PT3 RT3 RT3 FT3 P73 P73 FT3 PT2 Mid4ttam9c' PT2 FT3 PT3 PT3 PT3 PT3 PT3 PT2 PT2 PT2 PTI PT3 PT3 PT2 PT3 PT2 PTI PT2 PT3 PT3 PT4 PT4 PT3 PT4 PT3 PT3 PT3 PT3 PT4 PT2 (MAT) Middle PT2 PT2 PT3 P73 PT3 PT2 PT2 PT2 PT3 PT2 PT2 RT2 RT2 F'T2 PT2 PT2 PT2 PTI P12 PT2 PT3 PT3 PT2 FT3 PT2. PT3 PT3 PT3 PT3 PT3 Tennessce$MTN):.. M411nesote(MN) PT3 P73 PT3 PT3 PT2 PT3 PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT2 PT3 PT2 PT3 PT2 PTI PT3 PTY PT3 PT3 PT3 PT3 PT3 PT3 PT3 +� ,T� Nord ato AL(NA4)' PT3 PT2 PT3 PT2 PT3 PT2 PT2 FT2 PT3 PT9 PT3 PT3 FT3 PT3 PT2 PT3 *PTZ PT4 PT4 FT3 PT4 PT2 PT2 PT2 PT3 NartPern CA{NCA) PT4 FT3 PT3 FT4 FT2 PT4 pT3 F73 P 4 PT3 PT4 PT3 FT3 PT3 PTk PT3 PT7 PT2 FT4 FT2 PT4 PT4 RT3 PT2 P72 PT4 FT4PT3 PT3 PTA FT3 PTR PTL FT3 PT4 PT3 Pio PT3 FT3 PT3 PT4 PT3 FT2 PTS PT4 PT2 PT4 PT4- PT3 PT2 PT2 IT Washkngeon(04):, SoGth Florid* PT3 PT3 FT3 PT2 PT3 PT3 PT2 PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT3 PT3. PT2 P73 PT3 PT4 PT4 FTI PT4 PT3 PT2 PT3 PY3 PT4 PT3 dutiiam PT4 PT3 PT3 PT4 PT2 PT4 PT4 PT3 PT4 PT3 PT4 PT3 PT3 PT3 -4 PT3 FT4 PT3 PT3 IT4 FT2 PT2 P74 FTS PT4 PT4 PT3 PT2 PT2 PT4 CaFSI9M9tY(iP ) ; Sml7tkxenl TN$' '„ RT2 PT2 PT3 FT2 PT3 PT2 PT2 PT2 PT3 PT2 PT3 PT3 FT3 FT3 Pia FT3 PT3 PT2 PT3 PT2 FT4 PT4 PT3 PT4 PTI PT3 RT2 PT3 PT4 PT3 N+rttlt .(TNY SFUthWCst Pfo4da. PT3 1T3 PT3 PT2 PT3 PT3 PT2 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT2 PT3 PT3 P13 P73 PT2 PT4 P14 PT2 FT4 RT3 PTI PT3 RT3 PT4 PT3 (SNF) .SIAL TN&NolniernITS PT2 PT3 FT2 PT3 PT3 PT3 PT2 PT3 PT3 PT3 PT2 PT3 P73 IT IT PT3 PT3 PT3 dPT2PT3 PT3 PT3 PT3 PT2 PT3 PTI PT3 PT3 PT3 Utdh,(UT) RT3 PT3 PT3 PT3 PT2 PT4 PT3 PT3 FT4 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 FT2 PT2 PT3 PT2 PT3 PT3 PT3 PTT FT2 PT4 Washington(WA); PT4 FT3 PT3 PT4 PT3 PT4 P74 PT3 PT4 PT3 PT4 PT3 PT3 PT3 PT4 PT3 FTs RT3 FT3 PT2 FT2 PT4 FT2 P74 PT4 PT3Wesxe#n NeW PT2PT3 PT4 PT3 PT3 P74 PT3 PT3 PT2 PT2 PT2 PT3 FT3 PT2 PT3 PT2 PT2 PT3 PT3PT4 PT4 PT3 PT4 PT3 PT3 PT3 PT4 PT4 PT1 In$.,'I(WNC) COMCAST BUSINESS 2028-01-05 Page 52 of 736 GSA GS-35F-184BA The entire contract can be found at httr)s://www.gsaadvantagg.gov/ref text/GS35F184BA/0SAUG1.3KFKKA GS-35F- 184BA COMCASTPS000503092016,PDF Authorized General Services Administration Federal Acquisition Service Information Technology Schedule Pricelist GS-35F-184BA Comcast Business Communications, LLC One Comcast Center 1701 JFK Boulevard Philadelphia, PA 19103 k Phone: 215-665-1700 Bevin carneyO') cable.comeast.corn Contract Number: GS-35F-184BA Period Covered by Contract: February 1. 2014—Jan—tiary 31, 2019 General Services Administration, Federal Acquisition Service Pricelist current through ModificationIN'tin/ber PS-0005,effective 03/09/2016.Products and ordering information in this Authorized FAS hifoinration Technology Schedule Pricelist are also available on the GSA Advantage!System.Agencies can browse GSA Advantage!by accessing the Federal Acquisition Service's Home Page via the hiterriet at hiqL wwwlss.asiun 132-52 NS-Basic 20MB ENS-B20 Ethernet Network Services- Basic, ea I I 20MB I 132-52 NS-Basic 50MB ENS-B50 -net Network Services-Basic, ea $632.81 132-52 ENS-Basic 100MB ENS-B100 Ethernet Network Services-Basic, ea $925.78 100MB 132-52 ENS-Basic 400MB ENS-B400 Ethernet Network Services-Basic, ea $1,134.43 400MB 132-52 ENS-Basic 1000MB ENS-B1000 Ethernet Network Services- Basic, ea $1,550.47 1 OOOMB Page 53 of 736 6.C. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-062-Authorize the City Manager to sign Task Order R13-063-12 with CH2M HILL Engineers, INC. for technical assistance in the preparation and approval of the Operational Permit for Aquifer Storage and Recovery Well#2 (ASR 2) in the sum of$58,538.24 utilizing our existing contract for Hydrogeological Consulting Services, RFQ No. 029- 2821-13/DJ L. EXPLANATION OF REQUEST: Term Period: August 19, 2017 -August 18, 2018 The City operates two aquifer storage and recovery (ASR) wells, both located at the East Water Treatment Plant. The City's firstASR well, ASR-1, has been operating under a letter of authorization since 1992. The City renewed the construction and testing permit for its second well, ASR-2, in 2012, with a 5-year duration (FDEP File#0196693-004-UC), which has subsequently been extended through August 13, 2018. The renewed construction and testing permit for ASR-2 presented the construction and operating characteristics for both ASR wells, and in consideration of the wells'shared storage zone, each well is acknowledged as the defacto monitoring point of the other. This work order will provide hydrogeological support in our application for the final operational permit for the well now that sufficient working data is available in support of the application. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Utilities'ASR program is one of the most successful in Florida. it allows for the storage of potable water underground in the region known as the Upper Floridan Aquifer. Water is treated at the East Plant during the rainy season and then stored in the aquifer until the later part of the dry season when it is recovered and added into the treatment process prior to filtration. The system enables us to successfully use the excess water in the wet season, rather than losing it to tide and then minimize the possibility of salt water intrusion in our eastern wellfield during periods of low rainfall. ASR 2 has been operating on the construction permit for an extended period to allow us to gather data for the Department of Environment(DEP), Underground Injection Control (UIC) division for their review prior to issuance of the Operational Permit. CH2M Hill have been involved with this project from its conception and will be providing assistance in the preparation of the application and any subsequent requests for further information from DEP UIC. FISCAL IMPACT: Budgeted Funds are available in 401-2811-536-49.17 ALTERNATIVES: The well is required by law to have an operational permit. if we do not acquire one we will have to shutdown the well and cap it at an additional cost. STRATEGIC PLAN: Page 54 of 736 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Task Order R1 3-063-12 with CH2M Hill D Addendum Task Order D Addendum RFQ Renewal Letter Page 55 of 736 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN TASK ORDER NO. R13-063-12 WITH C112M 6 HILL FOR TECHNICAL ASSISTANCE IN THE PREPARATION 7 AND APPROVAL OF THE OPERATIONAL PERMIT FOR 8 AQUIFER STORAGE AND RECOVERY WELL #2 (ASR 2) IN 9 THE SUM OF $58,538.24 UTILIZING OUR EXISTING 10 CONTRACT FOR HYDROGEOLOGICAL CONSULTING 11 SERVICES RFQ029-2821-13/DJL; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the City operates two aquifer storage and recovery (ASR) wells, both 15 located at the East Water Treatment Plant; and 16 WHEREAS, this Task Order will provide hydrogeological support in the City's 17 application for the final operational permit for the well now that sufficient data is available in 18 support of the application; and 19 WHEREAS, staff is recommending that the City Commission approve Task Order 20 R13-063-12 with CH2M HILL for technical assistance in the preparation and approval of the 21 Operational Permit for Aquifer Storage and Recovery Well #2 (ASR 2) in the amount of 22 $58,538.24 utilizing the City's existing contract RFQ 029-2821-13/DJL 23 "HYDROGEOLOGICAL CONSULTING SERVICES". 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\01574C95-2C19-40E5-B758-33F47AF68435\Boynton Beach.9894.1.CH2M_Hill_Task_Order R13-063- 12 - Reso.doc Page 56 of 736 1 hereby approve and authorize the City Manager to sign Task Order R13-063-12 with CH2M 2 HILL for technical assistance in the preparation and approval of the Operational Permit for 3 Aquifer Storage and Recovery Well #2 (ASR 2) in the amount of $58,538.24 utilizing the 4 City's existing contract RFQ 029-2821-13/DJL "HYDROGEOLOGICAL CONSULTING 5 SERVICES", a copy of which is attached hereto as Exhibit"A". 6 Section 3. This Resolution shall become effective immediately upon passage. 7 PASSED AND ADOPTED this day of , 2018. 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 YES NO 11 12 Mayor— Steven B. Grant 13 14 Vice Mayor—Christina Romelus 15 16 Commissioner—Mack McCray 17 18 Commissioner—Justin Katz 19 20 Commissioner—Joe Casello 21 22 23 VOTE 24 ATTEST: 25 26 27 28 Judith A. Pyle, CMC 29 City Clerk 30 31 32 33 (Corporate Seal) 34 35 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\01574C95-2C19-40E5-B758-33F47AF68435\Boynton Beach.9894.1.CH2M_Hill_Task_Order R13-063- 12 - Reso.doc Page 57 of 736 Task Order No. R13-063-12 Professional Hydrogeologic Services for ASR Well Permitting Background The City operates two aquifer storage and recovery (ASR)wells, both located at the East Water Treatment Plant.The City's first ASR well, ASR-1, has been operating under a letter of authorization since 1992.The City renewed the construction and testing permit for its second well, ASR-2, in 2012, with a 5-year duration (FDEP File#0196693-004-UC), which has subsequently been extended through August 13, 2018.The renewed construction and testing permit for ASR-2 presented the construction and operating characteristics for both ASR wells, and in consideration of the wells' shared storage zone, one well is acknowledged as the defacto monitoring point for the other. CH2M has been requested to provide technical support for the operation permitting of ASR-2, which must be obtained prior to the expiration of the construction and testing permit. B. Scope of Services The scope of services included in this authorization for each of the tasks identified above are as follows: 1. Coordination Meetings a. One teleconference with FDEP prior to submittal of the application b. One meeting at the City to review draft permit application documents Deliverables: Meeting agendas and meeting summaries for both meetings. 2. Application Preparation a. Preparation of FDEP Application Form 62.528.900 (1) b. Background and project description c. Updated location maps d. Review and incorporate operating plan prepared by City; e. Prepare maximum cumulative storage volume calculation; f. Create scaled map and estimate extent of stored water; g. Update area of review (AOR); h. Summarize and graph cycle testing volumes and timeframes; 1 Page 58 of 736 i. Create graphs and evaluate operational water quality data from 2010 to 2018 for the operation of ASR-2 and ASR-1. j. Compilation of all components of the permit application for electronic delivery to FDEP. This Task Order includes one formal or informal Request for Additional Information (RAI) from FDEP for the ASR permit application. Deliverables: One draft PDF application and transmittal letter for City review. Once final PDF application, which will be uploaded for delivery to FDEP. 3. Permit Reviews and Public Meeting a. Review draft permit issued by FDEP b. Attend one public meeting c. Review Notice of Intent to issue permit Deliverables: Review comments on the draft permit and email correspondence with FDEP to transmit comments at the request of the City. Review comments on the Notice of Intent to Issue and email correspondence with FDEP to transmit comments at the request of the City. 4. Allowance The Allowance will be used for additional City requested assistance with RAI responses beyond the first RAI, data compilation or additional meetings. The scope and fee for additional services will be authorized by the City's project manager prior to commencement of work. C. Assumptions This estimated cost is based on the following assumptions: • A Florida licensed professional engineer from the City Utilities Department will sign and seal the permit application. • The FDEP permit application fee of$750 will be paid by the City. • An operation permit application is being submitted for ASR-2 only. CH21VI can assist with additional services if authorized by the City. 2 Page 59 of 736 • The operation permit application for ASR-2 will include some components by reference, such as the certificate of completion, hydrogeologic cross sections, record drawings, Completion Report and data therein. • The operation permit application for ASR-2 does not include preparation of an updated O&M manual. It is assumed that the City has maintained and will continue to comply with the permit requirements for maintaining a current O&M manual at the East Plant. In order to create an electronic (PDF) submittal for FDEP,the City will provide to CH2M the additional equipment O&M data and calibration certificates to supplement the original O&M manual. • The City will advertise the draft permit and notice of intent, as required by FDEP. • The City will provide updated electronic(Excel format) operational and monitoring data to CH2M for the ASR well for the period from January 2016 through March 2018. • The operation permit application for the ASR well will be submitted electronically, consistent with current FDEP guidance. • Additional services not included in this proposal will require an amendment to this Scope of Services. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement titled Hydrogeological Consulting Services, dated August 19, 2013, between the CITY of Boynton Beach and CH2M Hill Engineers, Inc., and extended most recently by City Commission through August 18, 2018. E. Compensation Please refer to Table 1. For tasks 1-3, compensation by the City to CH2M Hill Engineers, Inc. will be on a lump sum basis in accordance with the above-mentioned Agreement. The compensation for these services is $46,621.32 as shown in Table 1. An allowance (task 4) for $11,916.92 will be provided on a time and materials basis if requested by the City. 3 Page 60 of 736 TABLE 1. TASK HOURS RATE TOTAL 1.Coordination Meetings Office 4 $86.22 $344.88 Sr Technologist 8 $191.87 $1,534.96 Sr Hydrogeologist 8 $155.00 $1,240.00 2.Application Services Office 16 $86.22 $1,379.52 Jr Engineer 160 $90.00 $14,400.00 Sr Technologist 60 $191.87 $11,512.20 Sr Hydrogeologist 60 $155.00 $9,300.00 3. Permit Reviews and Public Meeting Office 4 $86.22 $344.88 Sr Technologist 24 $191.87 $4,604.88 Sr Hydrogeologist 12 $155.00 $1,860.00 Expenses $100.00 SUBTOTAL $46,621.32 4.Allowance Office 16 $86.22 $1,379.52 Jr Engineer 40 $90.00 $3,600.00 Sr Technologist 20 $191.87 $3,837.40 Sr Hydrogeologist 20 $155.00 $3,100.00 SUBTOTAL,Allowance $11,916.92 TOTAL $58,538.24 4 Page 61 of 736 F. Schedule A pre-application teleconference with FDEP will be scheduled at the City's request following authorization and notice to proceed. A review of ASR operations and other requested data will be scheduled within 4 weeks of receiving the compiled data from the City. A draft application package for City review will be completed within 6 weeks of the data review meeting with the City. A final electronic application package will be submitted to FDEP within 2 weeks following receipt of comments from the City and receipt of the signed application form. The first FDEP RAI will be responded to within 2 weeks of receipt and/or receipt of additional data requested from the City to answer the RAI. Permit review comments will be provided within one week of receipt of the draft permit and notice of intent. 5 Page 62 of 736 G. Authorization SUBMITTED BY: CH2M HILL Engineers, INC. B : y Sirpa Hall,PE Senior Business Vice President Dated this 29 day of March, 2018 6 Page 63 of 736 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 July 20, 2017 Gerrit Bulman, Project Manager CH2M Hill 550 W. Cypress Creek Road Suite 400 Fort Lauderdale, FL 33309 VIA EMAIL TRANSMISSION TO: Gerrit.Bulman@CH2M.com RFQ No. 029-2821-13/DJL; HYDROGEOLOGICAL CONSULTING SERVICES RENEWAL TERM: AUGUST 19, 2017 THRU AUGUST 18, 2018 Dear Mr. Bulman: At the meeting of July 18, 2017, City Commission approved a one-year renewal of the subject Agreement thru 2018. At your soonest convenience, kindly submit a current Certificate of Insurance in full accordance with the requirements of the original Agreement. We look forward to another year of CH2M Hill's excellent service. Should you have any questions, please do not hesitate to contact Ilyse Triestman, Purchasing Manager at (561) 742-6322 or email to triestmani(a_bbfl.us. Sincerely, Tim W. Howard Assistant City Manager-Administration Director of Financial Services cc: Michael Low, Manager, Technical Services Bevis Pigott, Manager, Water Quality and Treatment Central File File America's Gateway to the Gulf Stream Page 64 of 736 6.D. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Authorize the purchase of the following: Total Response Call Handling Solution from PowerPhone, Inc. of Madison, CT in the amount of$64,588.00 as a Sole Source vendor. The purchase of Microsoft SQL Server Standard from Software House International (SHI) in the amount of$5,179.58, utilizing State of Florida Licensing Solutions Providers(LSP) of Microsoft Software and Services, term contract#43230000-15-02. All costs to be reimbursed by Palm Beach County 911. EXPLANATION OF REQUEST: Communications currently uses ProQA and Aqua Software to provide the dispatcher pre-arrival instructions for callers with a medical emergency. This program is extremely rigid and has arbitrary standards that have nothing to do with patient care, often requiring dispatchers to ask questions that have nothing to do with caller's emergency. If the dispatcher deviates from the listed instructions, the call is considered non-compliant which makes getting the Dispatch Center accredited through IAED difficult to achieve. The current program is also one dimensional as it only provides instructions for medical calls. PowerPhone provides 90 plus integrated protocols for police, fire, and medical calls. The program is completely customizable to the agency which allows us to make modifications to fit the citizens of Boynton Beach. The protocols provided are guided but also flexible to be able to adapt to the ever changing conditions a caller provides. No call is the same and this program allows you the adjust to the specific situation without being consider non-compliant. The program pulls up specific pre-arrival instructions for each individual situation, instead of requiring the dispatcher to make choice after choice from screen to screen. This requires less time and is much more efficient. Additionally, PowerPhone not only guides dispatchers through medical calls, but can be tailored to ask proper questions for Police calls for service such as burglary and domestic calls and non-medical Fire Calls such as fires and auto accidents. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By allowing Dispatchers only to ask relevant questions the total call time is reduced, efficiency increased and citizens are better served. FISCAL IMPACT: Non-budgeted Costs will be paid from account 001-2112-521-64-14 and Palm Beach County 911 has advised that they will reimburse the city for the total cost. ALTERNATIVES: Not approve request. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 65 of 736 CLIMATE ACTION DISCUSSION: Is this a grant? 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Page I of 3 SkiQ to Main Content Department of Management Services Florida Department of Management Services > Business erations > State Purchasing > State Contracts and A nts > State Term Contracts > Licensing Solutions Providers (LSP) of Microsoft Software and Services << Return Licensing Solutions Providers (LSP) of Microsoft Software and Services43230000-15-02 Contract Details Effective Period 02/01/2016 through 01/31/2019 Contract Type State Term Contract • ricin Contract • ContracLO—rs How to LJsg this Contract Information Frequently Asked QugLscions Information Technology Enterprise Agreements Microsoft or (Vt 1.34 MB) r— Contract PQF (lk 1.36 MB) Documents Forms and the Information Amendments and Me Oranums Contract - RjaChgl and ick * 850-922-1214 Administratiort rachel.hardwick@dms.myflorida.com UNSPSC-43232701, UNSPSC-43230000, UNSPSC-43232300, UNSPSC-43232400, Commodity UNSPSC-43232800, UNSPSC-43233004, UNSPSC-43233400, UNSPSC-43232500, UNSPSC-43231500, UNSPSC-43231507, UNSPSC-43232700, UNSPSC-43232900, Codes UNSPSC-43232705, UNSPSC-80101507 , UNSPSC-43231513, UNSPSC- 81112200, UNSPSC-81112216, UNSPSC-86141700 Description This state term contract permits Eligible Users to purchase Microsoft software license (perpetual and subscription) agreements, under which the Microsoft Licensing Solutions Provider (LSP) has the authority to sell and manage software licenses and maintenance. Benefits • LSP offers the following discounts from the Microsoft Estimated Retail Price (ERP) or Cost Plus for Government Level D Pricing: Select/Select Plus Agreements - ® Enterprise Agreements (EA) - Academic Agreements- • Select Plus • Enrollment for Education (EES) • Additional discounts for large quantity orders may be negotiated • Dedicated local support teams from both Microsoft and LSP • Statewide coverage for all public sector extensions • Dedicated toll-free access to customer service representatives and licensing specialists • 3-year maintenance coverage with optional extensions • LSPs can provide structured payments (contact LSP for details) • LSP will be happy to work with any state or local entity on early renewals of software that need to be invoiced prior to fiscal year end. https://www.dms.myflorida.com/business—operations/state�urchasing/state�_contracts—and_agreements/stat6—tenn—contracps.pg*lioW 736 Contractors-SHI International/Contractors/Licensing Solutions Providers(LSP)of Microsoft Software and Services/Sta... Page I of 3 SWD tO Main Content Department of Management Services Florida Department of Management Services > Bu-Siness Dgg-ratlons > State Purchasing > state Contracts and Agreements > State Term Contracts > Licensing Solutions Providers.fl-SP) of Microsoft Software and Services > Contractors > Contractors - SHI International SHI International Contractor Attributes Florida Climate Recycled Utilizes Coverage CBE Code Friendly Preferred Products Authorized Area Products Resellers P - Asian- American, Non No No No Statewide Certified I I I 1 Ordering Information: Name: Florida Sales Team Title: Inside Sales Team Street Address or P.O. Box: 290 Davidson Ave City, State, Zip: Somerset, NJ 08873 Email Address: floridatea m@shLL_qm Phone Number* 800-543-0432 Toll Free Number: 800-543-0432 Ordering Fax Number: 732-868-6055 Internet Address: Federal ID Number: 22-3009648 Remit Address : PO Box 8500-41155 City, State, Zip: Philadelphia, PA 19178 Contract Administration Name: Stephen Forsythe Title: Account Executive Street Address: 13 Quarter Moon Lane Santa Rosa Beach FL 32459 E-mail Address: stephen-forsythe@shi.com Phone Number(s): 850 428-7966 https://www.dms.myflorida.com/business-operations/state_purchasing/state-contracts-and-agreements/state-tem-conirdaP.pg@17/lopi 736 Contractors-S International/Contractors/Licensing Solutions Providers(LSP)of Microsoft Software and Services/Sta... Page 2 of 3 Fax Number: 352-597-2899 Please identify the person who will be responsible for maintaining your electronic catalog information through MyFloridaMarketPlace , Name: Stephen Forsythe Title: Account Executive Street Address: 13 Quarter Moon Lane Santa Rosa each FL 32459 E-mail Address: stephen—forsythe@shi.com Phone Number(s). 850 428-7966 Fax Number: 352-597-2899 https://www.dms.myflorida.com/business o erationststate .�agRj - P _purchasing/state—contracts—and Weements/state—term—contractP 2W 736 6.E. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Approve reduction of a restoration surety, by the amount of $97,814.40 for the completion of the clearing and grubbing of the Cortina at Boynton Village Phase 2 project. EXPLANATION OF REQUEST: The Public Works Department Engineering Division requests approval to reduce the Surety in the amount of $97,814.40 for the completion of the clearing and grubbing of Cortina at Boynton Village Phase 2 project. This will leave the remaining $5,148.13 (5.0%) to be held by the City for a period of one (1) year from the date of this approval as the warranty against defect. • Ram Realty Partners IV LP submitted a Surety for the completion of the clearing and grubbing of the Cortina at Boynton Village Phase 2 project, in the amount of$102,962.53. • The Public Works Engineering Division has inspected the improvements and found no items needing correction. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Page 76 of 736 ATTACHMENTS: Type Description D Attachment Project Completed Notice D Attachment Original Surety Page 77 of 736 Apr 3,20181122:19AMEDT .: .18.,.€.'.....' _..__.__._...._..___�.__._ ..._.. ......... .. ....... ......_._. .......... Pile Edit Commands Help u1'K!8111)c II CSB.'t; E Ag ,7t _6 00 wt 181 Propetly Irfformalimn Application Information Bonds Feps .rsllra>., 10''O AUDA,E A'7E f S¢P ¢� '?eat,aar zir�sc- a�-EAFJNG UIL1 c.;:tracirr€.,�c¢a ��5 3z26 _ Apia t3 Pai'YNu 6K4 — Loc.rtlrrn C. t,-82-4 _ Status Date 210612018Gle.al be �t Owner dfi:::ne s APPIs.aTion type. 1 -r6',ROt NF1' v!r¢ perxs�7,n dt�.rri. _ P P3 Qn- c a SO 8t,itd'i 0 ? App i r 9t-Lo dai r4;12/20-6 �' 81i <73d�d,.uv7.€nklmat:ar drt Number t n,ru nam lnumbe COFFYINA,FRASE E ` rsar 7rn 5 5 9t.rPPAP,NIAC1 USE: Permits Plan raci�lrlg Rece,por Contractor Information .a Outstanding inspections J mSquare kolage CLu,atdc,r q Cont,actov'Name KAT. Ct'XdSC'NucTioD COMPANY Et r Insp Schedule, Lan[arrar crt, .t2tc17ere<- -.n ra_t'd:r Number 1=718 ryh Ir Geta Nomb-r.._ ('( Valuation calculetion5 -,Ypp T CERT GI:k"ETUL _ .. ------ Status m*'tatus ACTI VE {-� rK. SIO t REEK/ ( ¢j £ ont ac-o Freq E x-,eme-rt, Doc Number I I 199r GS�r.A7 R.� L �3 €k ,.ACE Ifi E II SLKNE55 I t3 NCr E r 7 F t L. ' _.._.$R@.a._5e�"_'d.c.c.r�^s 4`.sr::s� .,.a�.d23.>:.. ,.:n3araz�.... `�'• Frr¢it as �.1- PIPE 3AU1F.'1,L131i)�Oo PIPE BACKFILL, r,3 C/291201, Q..� � �..._._d- .. �. ..... - t Exit M I SSS :5 ..`�_ 7 FL 7 1i tC Refresh r_... t' ETES .s KFiLL U _ eL.. . I ±F: Lan€3Inquiry ... .. .,., r I'}YkC7.,tYi`ht,n U 7 u DF l.:,Li7.:'.$cr ®. r.,.sT C..: ,#a �- F., ._E Page 78 of 736 Account r: 1219075722 Transaction Checks/ its Account e: Ram Realty Partners IV LP e / : 77714422 per Post Date: 05/09/2016 Check#: 1050 Amount: $102,962.53 Hann Realty Partners t1+L 4801 PCA Blvd. PNG Bank,N A. Palm Beach Gardens,FIL 33418 _61•aate �sTo Date check No. check Amount 12415 001050 5102®903.53 One Hundred Two Thousand Nine Hundred Sixty Two AND 531100 Dollars pay to ow MW Of 6NOT CASHffaMFHKWtmvsMum[1kg0,'55" City Of Boynton Beach 000105011 +:267 4L l: 12175722«* C', ,� , at A13) ° cZ .10 S 1ti moi" P. Cl Mp it F 'r F Y .' �J -`r �,;� to i tyty Ya t 'C— 3 t(r ,` 1Cr4"t ,l `,(^. 1r, J �t arF y +rc oC'y xg BJtT-A?$ 11 CC�0733t1442�i rY WT 13 1. PS JroeksDowille a, r wE �°t p r+.zd x' n 3j: ` t 6C Suns int 54uort BC FLS-4i C a rn Retrieved: Friday, March 30, 2018 8:17:33 AM Image On-Demand Page 79 of 736 6.F. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Approve utilizing the School Board of Charlotte County Florida Contract#15/16-602MP(R2)with Wabash Valley of Silver Lake, IN, for the purchase of park benches in the amount of$64,105. The School Board of Charlotte County's procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Renewal Period: March 2018 - March 2019 It has been determined by staff that the benches at various City parks need to be replaced due to rusting dilapidated conditions. Wabash Valley is our current vendor and we are satisfied with their product and their expedient service with providing the products. We have been using these types of aluminum benches from Wabash Valley at Oceanfront Park, Intracoastal Park, Barrier Park to name a few. For continuity we would like all parks and city properties to have the same benches. These types of benches have lower maintenance and have proven to be durable. The benches purchased will be used for the following City parks: Boynton Beach Meadows, 23 benches ($20,528.40) Boynton Lakes, 10 benches ($9,190.00) Hester Park, 6 benches ($5,583.80) Jaycee Park, 12 benches ($10,851.60) Mangrove Park, 8 benches ($6,702.60) Pence Park, 5 benches ($4,734.00) Pioneer Park, 7 benches ($6,514.60) The vendor also quoted a price to replace benches as Palmetto Linear Park. This project was not specified in the Capital Plan. Thus, these benches for Palmetto Linear Park will be purchased using operating department funds and not part of this capital expenditure. Note that the Capital Budget refers to "Park Furnishings" generally. Park furnishings includes benches, garbage cans, and large grills. Garbage cans and grills will be purchased under a separate initiative from this proposal. The total budget for these items in the referenced parks is$90,000 leaving around $25,000 to purchase garbage cans in these parks this fiscal year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? It will provide seating for park patrons. FISCAL IMPACT: Budgeted The City will be using Capital I mprovement funds to obtain these benches. Various account and project numbers will be used in Fund 3030-Godt Surtax Fund. Total funds budgeted for benches and cans in the Page 80 of 736 current FY 2017/18 budget is as follows: Boynton Beach Meadows, $30,000 303-4216-572-63-05 Boynton Lakes, 10 benches $15,000 303-4236-572-64-04 Hester Park, 6 benches $15,000 303-4209-572-64-02 Jaycee Park, 12 benches $10,000 303-4235-572-62-01 Mangrove Park, 8 benches $ 8,000 303-4227-572-63-05 Pence Park, 5 benches $ 6,000 303-4115-572-64-02 Pioneer Park, 7 benches $10,000 303-4217-572-64-04 Total Budget $94,000 ALTERNATIVES: To remove the park benches and not replace them leaving the patrons without any reasonable seating. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Jack Dzoba START DATE: 3/14/2018 END DATE: 3/13/2019 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: N/A Page 81 of 736 ATTACHMENTS: Type Description D Addendum Wabash Valley ® (quotes D Addendum Wabash Valley ®Aut roization Letter D Addendum Wabash Valley ® Bench Photo & Proof of Retail D Addendum Wabash Valley ® COI D Addendum The School Board of Charlotte County Contract Page 82 of 736 WAMAIN VALLEY 051'1111111 11, urbane--ups Sales Rep: Jack Dzoba QUOTE 16 11 =21201i 1 uu 7 DZ001321 WABASH VALLEY F 772-872-7307 u a P. . III To: I!y Boynton Ship City o we, - - ,_ m PO Box 5,505 E Vialn1n 100 E.Boyrit n Beach Blvd. 222 NE Oth Avenue Silver Lake,IN 40282 11: 260-352-2102 11 Zill City Toll Free: 900-253-8010 Boynton Beach FL , 33435 Boyntonc L `a : 260-352-2100�: 561-742-6228 1-7 6 , . - : Contactv GlendaHall Corftct: Glenda Hall II: DescriptionModel Qty 1213d 23 6'Bench arch back,Warms-slat-porYsm $756.20 $17,392.001. 1817 Y06533M 23 Yorktown Carrier Arm-slat $64.60 1,485.80 138 Sub _ I 1 Total Wgt Tax Exi no Freight 1, loss Plaws Prowide I NET 30 Tax "'.00 T : Q. Color Selections Frame Col r I of Color Other Comments:ffO-CCASIN WA Uu-rW valid r30 . Please email signed quotejkdzoba@gmall.com order.Completed credit application required r payment terms,credit cards accepted.Verify to upon . PleaseI n and Fax 772-872-7307 Shipping LmW Time: 34 WEEKS - I *Tax rate based upon ship to zipcan change upon anfire a ! at dme of orderphcament fl freight costs Include Drqp shipas home deNvary,Lift gotsand unloading a r artm charges.** a manuflicturer,WM dbas not&Vn purchase ordbr a -only WVU tows and condidans Page 83 of 736 WABASH VALLBY 611,21af-VALM. Sales Rep: Jack Dzoba UOTE Date 2=018 P MI-603-2097 Quote DZ001322 WAIDASH VALLEyIF711,7307 Customers P. Bill To: City of @_gyqonBeach Ship To: a ty of Boynton Beach PO Box 5.505 E Main Str. 100 E. Boynton Beach I . 222 NE 9th Avenue Silver Lake,IN 48982 PH: 260-352-2102 .............. i It Idstate Zp Toll Free: 900-20-811119 Roymon Beach FL 1 3U35 Boynton Beach IFLI Fax: 260-352-2160 Phone: 561-742-6228 Phone: 561-742-6228 webashvelley.com Fax- Fax: Conte Glenda HallContact: Glenda Hall 'Email: Email: Model 1on Price Total Wgts Y123c 10 G'Bench arch back,w/amns-slat-port/sm $756.20 $7,562.00 790 Y06533N 10 Yorktown Center Arm-slat $64.60 $646.00 60 Sub Total $8,208.00 t Tax Exemet 0 To, a Frei . 11T30 Tax $0.00 Tax Rate: Frt Tax $0.00 Color Selections Total E�190EOO ' Frame Color Plastled Color Other MOCCASIN Comments: Quote valid for 30 days.Please email signed quote to jkdzobo@gmall.rom to order.Completed credit application reQUI red for payment terms,credit cards accepted.Verify colors upon ordering. �.02MP- Plena sign and Fax back to: 772-872-7307 Shipping Lead Time: 3-4 WEEKS Please Pirint Name&Data: *Thr rate bond upon&hJP to zip cc*-Percent can change based upon enfire ship to address at ilime of order jabcoment. **AN Dwight coaft bellude Drop ship only,Ekft swvkw such as home dallivaM LN gets and unianding of ftmilluiv may Incur exha charges.*6 'Being so#@&a man WVU dow not sign purchase order agreements-only WVU ftrma and condfillans appfy Page 84 of 736 WABASH VALLEY 011111114N urbanscepa ....................................................................._............................,.,.,,..............,.,.,....,,.....,.,,,o,,,...,.,,......................, E'Ea5"IttoL ? A E r Y C Y r a "s WOW DDR t Al Sales Rep: Jack Dzoba QUOTE -003-2007 Quota# DZ001324 WABASH VALLEY F 7lCustomers- . III0. Chi of Boynto Shle To: CII'of Boynton Beach PO Box 5,505 E Maln Stc 100 E. Iv . 222 NE Oth Avenue Il sr Lake,IN 48982, K 269-352-2102 cl!y stetel zipIr Tall Free: 600-253-0010 Boynton Fax: 200-352-215 561-742-6228 1-742 wabashyaRsyx,w.,y% Fax: Fax: Contact: Glenda III Gl- -fl ®®® - Il: Ha-0 /,, bbfl,us Email: Model Qty Description Price Total Wgts Y 1213 7Bench back,Warms-slat- s $750.20 $5,293.40 7 Yo r l . 0 452.20 42 I _— Sub Total $5,745.60 Total it Tax E Me Freight $709.00 595 Plawasso Provide N 30 Tax $0.00 Tax Raft: FrtTax0. Color Selections Total Fr lr 1 of for r MOCCASIN1 Comments: Quote valid for 30 days. Please smell signed quotejkdzoba(llgmall.00m to order.Completed credit application required for payment terms,credit cards accepted.Verify colors upon ordering. t�rl f� 'V� 'is rFttyirttt �t� �S`�it. .m. 02 Please sign and Fax back to: 772.872-7307 Shipping Lead Time: 3-4 WEEKS Plowsrint Name A Dalba: Mam rate head upon ship to zip n change based upon an&@ ships t Ome of order pfocanient 1!ffelght costs Induds Drop shipo such as home delivery,Lift gateend unloading s r extra charges." s mnufacturar,WVU does not sign purchase order agreernents-only WYM tertas and condfflons apoy Page 85 of 736 ...........................................................—1—...®...........................--..............®.,,,.......................,.ve..,.,,................ ...., PL A S I I 1 0 L i krCYCLE D POW DFR COAT Sales Rep. Jack Dzoba QUOTE .. 1403-2097 DZ001323 WABASH VALLEV 77 Customers P.O.# III : _Oty of Boynton Beach ShleftCi: � �Beach t: Box 5,505 E Mmin 3tr. 100 E.Boynton Beach Blvd. 222 NE 9th Avenue SIW&r Lake,IN 2 Pit: 200-352.2102 It Toll Fres: 800-263-NIS ,,,,,,Boynton L 5_ Boynton ch FL 33435 Fax: 260-352-2100 661-742-6228 561-742-e228 webashvallay.ceir Fax: Fax: Contact: Glands II -onUct: Glands Hall .Email- Email: Model aty Description Price Total Wgts - 1213C1 5 6'Bench arch back, 1 -slat $756.20 $3,781.00 YOG5336I 5 YoftownCenter Arm-slat $64.60 $323.00 30 i Sub — YiWl-9,-104.00 t 0 Ton,Ts Freight $030.00. Tax Exam Pt hart $0.00 Raft:Tax FrtTax0. Color Selections Total .7 Frame Color of Color Othsr MOCCASIN -I Comments: �Quote valid for 30 days.Please email signed quotej a mail. order. Completed credit application required r payment terms,credit cards accepted.Verify colorsupon ordering. k�,r,",P.i n biO,n„l B16 GUMP,, PleaseI Shipping Lead Time: - I . "Tar raft based upon ship tip n change based upon entire sh!p to address at VMS of Order pbeement. **AN ftbht costs Include Drop ship ;Ekka swvkw such as home delivery,Lift gate and unloading y incur wdm charges.10 "Saing solely a inanufacturer,WYM does not and condillons Page 86 of 736 1411111,I KIP,:. Vic..r �;a �sf, s s'.&':�k; ..................._........................................,.......................,.....................................;,.......,.,.,..........,......................... NfAsIF501 ? AErYCaE0 g POWDER t Pl Soles _ Date, 2018 - Quote. 1327 7 Customers III To. Cite of Roy t o Beach Shipja: Ili of B"nton ftach PO z ,505 E Main100 E. _a ; nB ach Blvd. h Avenue SilverLake,IN Ply. 200-352-2102 It R Toll Free: 800-253-11819 Boynton ftach FL Boynion Beach FL 33435 Fax: 260-352-2100 : - 561-742-6228 wabashvallay.com Fox: Few u....- Contact: Glenda H Contact: Glenda Hall Email: Half us t:Model - Qty DescriptionTaw MUM!1 t s-slat-portlem $756.20 $3,'781.0 Y06533N, 5 Yorktown Center It $64.60 $323.00 30 13Bench back, } s-Slat-portlam W04.20 1, 103 L-4 Total T I l t Terms Freight $786.00 aProvide $0.00 Raft:Tax 0.0 0 Frt T Color Selections Total , Frame Coll r I Other _ -MOCCASIN1 Quote valid for 30 days.Please small signed quote to jkdzoba@gmall.com order.Completed credit application required r payment terms,credit cards accepted.Verify to upon ordering. 602 Pleasef c 772-872-7307 f In . 3.4 WEEKS Planeri . "Taw rate based upon ship to zip t can change based upon entire ship ft address at Ume of order placenraft 11*An ftight costs Inchallo Drop s !p only.,fikft sofvkw such as home delivery,Lift gate an unkNKUng of furnhwe may Incur wfft charges.** "1111aing solely a manullbeftw, t sign and candifions a Page 87 of 736 WABASH VALUT 101 it,I 111"AN u P ba n a-a P, ..........—.1 --- . ........... .......... .................................. PI ASI 15 0 t d R I C If C I E D Rep: Jack Dzoba QUOTE Date: 21=018 P M1-003-2097 DZ001325 WABASH VALLEyIF772-172-73ID7 Customers O�y of BoymconBeach Ci!�_of q ton Beach PO Box 5,505 E Main Str, 100 E.Boynton Beach Blvd. 222 NE Oth Avenue Silver Lake,IN 46982 PH: 200-352- 1 Ib &ftl 2112 —2!Y— State ZIP Tall Free: 800-2534619 Boynton n n Beach FL 33435 Fax: 561-742-6228 260-352,2160 Phone: Phone: 561-742-6228 wabashvelley.com Ta—w. I Fax. Contact: Glands Hall Glenda Hall Email: �alk � Email: Model Qty Description Price Taal W9121 Y01213 6� V Bench arch badc,whirms-slat-portlam $75620 $4,53720 4-74 Y005331 6— Yorldoian Center Affn-slat $84.60 $387.60 3a Sub Total $4j924.80 Total Wgit Tax Exempt 0 Terms I Freight $659.00 iii Pnomide NEMO Tax S0.00 Tax Rate: 0.0Frt Tax S'0.00 Color Selections Total $%5B3.80 Frame Color 'Plaeffsol Color MOCCASIN_j_ _ NIA Comments: Quote valid fbr 30 days.Please email signed quote to jkdzoba@gmall.com to order.Completed credit application reqUI red fbr payment terms,credit cards accepted.Verify colors upon ordering. 602MR Please sign and Fax back to: 772-872-7307 Shipping Lead Time: 3-4 WEEKS Please Print Name&Date: "Tom rate hosed upw ship to zip code-Pemwd can che"o based upon entirs&hip to a at time of order x6camenL "AH ftftht costs Inalluab Dmp ship on1r,Ekft sen*es such an home delivery,Lift Vote and unlbadft of fimnHure may Incur adra charges." *"Oeleg solely a monufacturer,WVM does not&Wn purchase ordBir agreamenfir-only INYM terms and conifillons spoy Page 88 of 736 WARAIIINVALLRY GRUAHTII" i u r b a n s P e ........... Sales Rep: Jack Dzobo 1M2ZQ16QQM6L=M bits.. ....... =22�12018 P 561-803-M Quote# DZ001328 WABASH VALLEylF772,872-7307 - Customers ROX I Bill To: Ct of BoXnton BeachShip,To: City of Boyntun oal tr. 0 iBeach PO Bx 5,505 E Mn S10E. 2o nton Beach Blvd. 222 NE ft Avenue Silver Lake,IN 46992 PH: Y,0-60-3524102 Cq Cit ............ side Zip Toll Free: 800-253-8819 Boyn st'"I Boynton Eleach Fl. 33435 Fax: 260-352,2100 Phone: 561-742-6228 Phone: 561-742-6228 wabserivalleymorn Fax, Fax: Contact: Glenda Hall Contact: Glenda Hall Email: HaHGAbbf! Email: Model Qty Description Price Total Willts 7082-13C- ---- 2 4'Bencharch back, w/arms pom $604.20 $1,20&40 122 .......... ---- Wgi ........................................... Sub Total $1,20111.40 Tax Et Tras Freight $181.00 Pe ProWde NET 30 Tax $0.00 Tax Raft: a. Frt Tax Total $1,389.40 Frame Color Pindeafor r MOCCASIN NIA Comments: Quote valid fbr 30 days. Please small signed quote to jkdzoba@gmall.oom to order. Completed credit application required fbr payment terms,credit cards accepted.Verify colors upon ordering. NOT 602MP1 Pleass sign and Fax back to: 772-872-7307 Shipping Lead Time: 3-4 WEEKS Plows Print Name&Date: *Tem rate basiall upon ship to zip code-Percent can change based upon onft ship to address at Ums of order Placement. "AH ftight costs Inakids Dmp ship oniy,Ekft servkes such as home deflinaX Lift gets and unloading of ftnHune may Incur extra charges." "'Beling sale&a manufficlitaw,WWW does not sign purchase order agreements-only WVM terms and candhilans spW Page 89 of 736 WARASH VALLEY 1311,1 LIPWA LM I urbanw, Sides Rep: Jack Coops QUOTE 2t2212018 P 561403-2097 Quote DZ001326 y F 772-872,7307 customem P.O.# WABASH VALLE ustometrep-1 1 Bill its Of BoyntonBeach p TO.'. City of Boyntun Beach PO Box 5,505 E Main Str. 100 E.Boynton Beach Blvd, 222 NE W Avenue Silver Lake.IN 40982 PH: 200-3524102 City I State I wKy.......... stalts ZIP Toll Free: 800-253-8619 Boynton Beach7 33435 Boynton Beach I Pax. 260-352-2160 Phone; 561-742-6228 Phone: 661-742-8228 webashvalloy.com Fax: Fax, Contact: Glenda Hall Contact: Glenda Hall Email: 11( Email: Model Qty Description Price Total wgts TO I 213C-12 O'Bench arch back,w1arms-slat-portlorn $766.20 ig-.074.40 90 YN 12 Yo Center Arm-slat $64.60 S77520 72 ------------ Sub Tots11 $9,849.60 To FreiI Total ght 1 $1,002.00 1020 PlansPrer*fide Tax $0.00 Tax Rate: Frt Tax $0.00 Color Selections Total $10,851.60 1 Frame for 1I of Omer MOCCASIN WA Comments: Quote valid for 30 days.Please email sed quote to jkdzoba@gmall.com to order. Completed credit applicadon required fbr payment terms,credit cards accepted.Verify colors upon ordering. 602MP,. Please sign and Fax back to: 772-872-7307 Shipping Lead Time: 3-4 WEEKS Plane Print Name&Date: *Far rate based upon ship to zip code-Percent can donge based upon oriffm ship to adillress at dine of order lallaawnent "AM beight costs#nclude Drop ship only,Ekft services such as ham dialhory,Lift gate and uniloading of fumNars may Incur ozft charM.** " a manufacturw,WVW does not stn pumhow order agreements-only WVM terins and condidws apply Page 90 of 736 WABASH VALLEY April 2, 2018 To the City of Boynton Beach Florida: Wabash Valley Manufacturing agrees to and approves the City of Boynton Beach to utilize the Charlotte County School Bid 15/16-602MP for Piggyback purchasing of our products. Per item 18 of the bid submission instructions: 18. Piggyback - Purchases may be made under this bid by other Governmental Agencies within the State of Florida per DOE Regulation #6A1 .012(5) with the consent and agreement of the successful Seller(s). Such purchases shall be governed by the same terms and conditions as stated herein. In no event shall the District be responsible for issues pertaining to other governmental agencies. Respectfully, Crystal Kimmel Sales WABASHVALLEY MFG., INC. PO Box 5,505 E.Main St. Silver Lake,IN 46982 -,, 260.352.2102 800.253.8619 t 260.352.2160 WaboshVolley.eom Page 91 of 736 YORKTOWN FAUX-WOOD °+1rtib�E,osiv, naen�z��t1}'+jl{�,, "Platz hid M= DEXAPTION—BERM wow PRICE 4'Bench arch back,with arms-Faux -Portable/Surface-mount 61 Ib. $636.00 4°Bench Chippendale,with arms-Faux-wood-Portable/Surface-mount 68 lb. $67 . 0 4'Banch straight back,with arms® u wood-Portable/Surface-mount Surface-mount S8 lb® $611.00 _...,. 6'Bench arch back,with arms-Faux-wood-Portable/Surface-mount 79 lb. .$796.00 ............,.._. ... ......... ......... ._,,... _... °Bench Chippendale,with arms-Faux-wood- rlable/Su mount 57 Ib 53.00 6°Bench straight back,with arms-Faux-wood 6 rtable/Surface-mount 74 Ib. $764.00 _.........- .... . ........._............----_ ............. B'Ranch archck,with arms-Faux-wood,. Portable/Surface-mount 108 lb. $1,132.00 . ___n ..._.._.. ..-_....-._ --- B'Bench Chippendale,with arms-Fau -Portable/Surface-mount 122 ib. $1,211. B'Bench straight back, with arms-Faux—wood-Portable/Surface-mount 102 lb. $1,093.00 lie Curved bench with back,with arms-Faux—wood -Portable/Surface-mount 186 lb, ,553.00 ......... ... . Yorktown center armrest-Fa and 6 lb. $68.00 SLAT t �s ASI° DsaFrm—BsrvmffFs Fir WE 4'Banch arch back,with arms-Slat-Portable/Surleca-mount 61 I , $696®00 ------------_..._.. ..... ....... 4"Bench Chippendale,with arms-Sl rtable/Su aunt 68lb. $ 75M 4'Bench straight back,with arms a Slat-Portable/Surface-mount 58 Ib, $611,00 6'Bench arch back,with arms-Slat-Portable/Surface-mount 79 1b® $796.00 6°BenchChippendale,with arms-Slat®Portable/Surface-mount 87 lb. $853.00 6'Bench straight back,with arms-Slat® rtabl u ce-mount 74 lb. $764.00 8'Bench arch back,with arms-Slat w Portable/Surface-mount 108 lb $1132.00 B Bench Chippendale,with arms-Slat-Portable/Surface-mount 122 lb. $1,211,00 B'Bench straight back,with arms-Slat® Portable/Surface—mount 102 Ib. $1,093,00 B'Curved bench with back,with arras-Slat® ble/Surfa unt 186 lb. 3.00 Yorktown center armrest-Slat 6 I $ &00 Surface and In-ground mounts roust be adequately anchored. 146 1147 Page 92 of 736 - t,� ,(t V? +Us4Y4 ;t { r,t,t � �.�, �t•,��lt-.. j/ € ,s ,aw.. t n 5a',' f� ,s - - - �, - y?i� i r�� } L!+4?4i{S;i 14 l[ r shwa R;D3& xr« c t�t,.n k 1714g�� 5,'1t} tip s t} S trs�Itl �i}( `a„t� 4i,tt ;'Li°%,.......... 4 ?,' �, 1w•:,! s,:t �,,•., ��i1?))`,.-�,� ,'.-. }n ,.! r t,'s. }}� �'?NE>r'j, {„`u a„ i {�'''- t, ., ;'�.Fi'---i,,, : {} < f?'r. .t 5t ;,,� I', (�1 1. ft�t�nY��{{y� ,1 t,t ,S1s I{s �p' � � ,,1�i �„' �a i is�3” r+�%�� i ,�Ilii, n-, - .•i<. S�,tu, ,�1 its,: E„ ;,AwlAg1 fw4� r tc S f SERIES INFO n � .t` 4°, ' and 'benches Straight,Arch or Chippendale back options 8'curved c 9YORKTOWN Benches f Optional center armrests z f , , t isst i t+s ssl}10th( }�f}dfltis}'ryZ��A $1,093 voen 2c 3 001,` $648 Ywwc ; IRS�) � 1471 Y 1� 7 S R� ... YORKTOWN Continuesm Yo is 92193 Page 93 pf 736 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE I 04/04/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this 2 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk services Central, Inc. -NAME: PHONE FAX i St. Louis MO Office (A/C.No.Ext): C866) 283-7122 A/C.No.: (800) 363-0105 4) 8182 Maryland Avenue E-MAIL p St Louis MO 63105 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA Pennsylvania Manufacturers' Assoc Ins CO 12262 Wabash Valley Manufacturinq, Inc. INSURER B: Everest National Insurance CO 10120 505 East Main street silver Lake IN 46982 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570070735137 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested AUU INSR POLICY EFF POLICY EAP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY RC GL EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR PREMISES Ea occurrence) $300,000 MED EXP(Any one person) Excluded PERSONAL&ADV INJURY $1,000,000 M GEN'LAGGREGATE LIMITAPPLIES PER. GENERAL AGGREGATE $2,000,000 M POLICYX❑PE ❑X LOC PRODUCTS-COMP/OPAGG $2,0010,000 o 0 OTHER: o I— AAL 151700 0652321 10/01/201710/01/2018 COMBINED SINGLE LIMIT `n AUTOMOBILE LIABILITY $1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident) N AUTOS ONLY AUTOS X HIREDAUTOS X NON-OWNED PROPERTY DAMAGE R ONLY AUTOS ONLY Per accident w N UMBRELLALIAB OCCUR EACH OCCURRENCE V EXCESS LAB CLAIMS-MADE AGGREGATE DED I RETENTION A WORKERS COMPENSATION AND Wc2017800652321 10/01/2017 10/01/2018X PER OTH- EMPLOYERS'LIABILITY Y STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCI DE NT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000— DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Boynton Beach, its officers, employees and agents are included as Additional Insured in accordance with the policy 21 provisions of the General Liability policy. tN CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Boynton Beach AUTHORIZED REPRESENTATIVE 100 East Boynton Beach Blvd. Boynton Beach FL 33435 USA c ` r� 9� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 94 of 736 The School Board Of Charlotte County,Florida Bid Invitation 15/16-602 P(R2) Catalog Discount Bid and Renewal Renewal OnljLForrn Dear Vendor, Charlotte County Public Schools would appreciate your consideration for renewal of the Catalog Discount Bid # 15116-502 (R2). This 2nd renewal (R2) is for the period March 2018– March 2019 with the same pricin g, specifications,terms, and conditions in the original bid. Let us know your decision by checking below and faxing back to 941-575-5410 or email to mike.pershin @-y rchadoffesu hools.net before 2:00 p.m. February 5, 2018. X Yes, I will renew AS IS with no changes, Bid 9 15/16-602MP(R2) 0 No, I will not renew 13id# 15116-602 ( 2) Company Name–Wabash Valley Manufacturing, Inc. Category: Outdoor Furnishing Representative Name Jack Dzoba Email_jkdzoba@gmaii.com Website—www.wabashvalley.com Phone 561-603-2097 Fax 7 -872-7307 (21 Signature Print NameJackDzoba *It is the Company's responsibility to notify the District if the Sales Representative has changed. Failure to do so may limit the annual spend with your company. Thank you for your assistance and I look forward to your reply. Sincerely, Mike Pershing, CPPB Page 95 of 736 COU N T Y Public Schools Invitation to Bid ITB 15116-602MP Catalog Discount Schedule Question Deadline.............................................................January 28, 2016 2:00 p.m. Closing .............................................................................February 8, 2016 2:00 p.m. School Board Approval ....................................................March 8, 2016 Publish Award Tabulation.................................................March 18, 2016 Budgetary Estimate- Approximately$200,000 annually CHARLOTTE COUNTY PUBLIC SCHOOLS Purchasing Department 1016 Education Avenue Punta Gorda, Florida 33950 Page 96 of 736 The School Board Of Charlotte County, Florida ITB 15116-602MP Catalog Discount Overview Scope of the Work-The purpose of this bid is to establish the minimum requirements for a catalog discount per our specifications, terms and conditions. This collection of catalog discounts is used by Charlotte County Public Schools for incidental purchases of classroom and school supplies.This bid is designed for routine day-to-day incidental supply purchases not included on other bids and is not meant to replace or eliminate any annual bids for similar products. This solicitation is comprised of two(2)parts: i) Submission Instructions, ii) General Conditions. The Submission Instructions are the requirements which should assist a Seller to submit a responsive, responsible and/or best value response to this solicitation.The Special Conditions,if any,are terms and conditions that pertain to this particular procurement. The General Conditions are the terms and conditions applicable for all District procurements and usually apply after award.The term"bid' includes responses to an Invitation to Bid(ITB). Communication—To ensure receipt of the most recent, complete information for this solicitation, please monitor and use www.PubliePurchase.com. If you received this solicitation from other than www,PojPkjrchase,Qomyou may not see the most recent questions/answers, addenda or changes to this solicitation. Seller communications,or attempts to communicate, outside this Communication method may dis uali the Seller_ Sellers sometimes ask i)for a list of potential bidders or ii)if we will read names and prices submitted in a bid closing. Any such information will be posted on www.PublicPurchase.com as we provide a"notice of an intended decision or 30 days after opening the bids,proposals,or final replies,whichever is earlier". Reference:Florida Statute 119.071. To ensure timely receipt of such notifications or to download/upload bid information, please register at no cost with www.PublicPurchase-com. Submission Instructions 1. Pre-Bid Meetinas—NIA 2. Question Deadline-Questions must be submitted to�,wi .PublicPurchase.com no later than the date and time as stated on the Time Schedule set forth above. 3. Pre-aration&Submission of Bids (a) Each seller shall complete the Bid Proposal form and indicate his Bid prices hereon in the proper spaces. All blanks shall be properly filled in. All pricing must Include delivery. (b) Each Bid must give the full name and business address of the Seller. Bids by a corporation must be signed with the legal name and followed by the manual signature and designation of an officer,agent or other person authorized to bind the corporation. Proposals by partnerships shall show the names of all partners and must be signed in the partnership name by one of the partners or by an authorized representative. In every case, the name of the person signing, and his designation shall be typed or printed below his signature. (c) Bid proposals shall be submitted to http://www.publicpurchase.com (d) Any submissions)provided to the District shall beat no cost. This includes but is not limited to labor,services, travel,data or samples. 4. Receipt of Bids-Bids will be received into�..v.PublicPurchase.com, at the time and date stated on the cover sheet. No Bids received thereafter will be considered. 5. Bid Modifications - Bid modification will be accepted from Sellers, if received prior to the opening of Bids. Modifications must be submitted to vAvw.Pub4cPurchase,com Template Revision 1118115 Page 97 of 736 The School or Of Charlotte County, Florida ITB 15/16-602MP Catalog Discount 6. Closing—Sellers may verify District receipt of their responses atwviw.PubffcPurchase,coin. The District no longer reads Seller's names and prices at Closing. Instead,a Tabulation will be posted onwww,Pub!�cPurchase,corn 7. &w = qAr2LQ2 (a) The contract will be awarded as soon as possible to the lowest responsive,responsible Seller(s);provided the Bid is reasonable and it is in the best interest of the School Board to accept it. (b) The School Board reserves the right to waive any informality in Bids received when such waiver is in the best interest of the School Board. (c) Each Seller shall be prepared, if so requested by the School Board, to present evidence of his experience, qualifications,bond/insurance capacity and financial ability to carry out the terms of the contract. (d) The School Board reserves the right to reject any and all Bids when such rejection is in the best interest of the School Board, and to reject the Bid of any Seller who is not in a position to perform the contract. (e) Quantities: The Board reserves the right to increase or decrease the amounts stated herein to meet their needs. (f) Term -This contract is for one(1) year and may be extended at the same terms and conditions, if mutually agreed to in writing, for four(4)additional twelve-month periods and/or extended for a period up to 180 days beyond the Term, including the final Term. (g) Contract Documents—The submission of a bid constitutes an offer by the Bidder. Upon Board approval the Purchasing Department will issue a letter of award.The District does not anticipate issuing a specific contract document for this award,however the District does reserve the right to request the Bidder enter into a separate contract if determined to be in the best interest of the District. If a specific contract document is not requested, this ITB, any addenda to this ITB, the submitted bid, and the corresponding purchase order(s)and change order(s)will constitute the complete agreement between the successful Bidder and the District. If a specific contract document is requested by the District, it shall be included with the above mentioned items as part of the contract agreement. Each bid is received with the understanding that an acceptance in writing by The District of the offer to furnish any or all of the services and materials described shall constitute a contract between the Bidder and The District.This contract shall bind the Bidder to furnish and deliver the services and materials quoted, at the prices stated and in accordance with the condition of said accepted bid. (h) Purchase Order Required—Bidders who are awarded a contract resulting from this ITB are cautioned not to provide goods or services to any District site or to any District employee prior to receiving purchase orders issued by the District's Department of Purchasing.Notification of Award is not to be construed as authorization to provide goods or services. (i) In the event the awarded Seller can no longer provide the good and service per the requirements of this bid/contract, inclusive of option years, the Purchasing Director is authorized to award to the second lowest, responsive, responsible or best value bidder provided a price or cost analysis is first performed to ensure a new bid would not better serve the District's needs.If the second lowest,responsive,responsible bidder cannot honor their previous bid,the next low, responsive, responsible bidder may be considered,etc.,subject to the same price or cost analysis described above. 8. Work Hg_u_M—N/A 9, References,—N/A 10. Form of Contract- The contract shall be in the form of a Purchase Order, which incorporates the terms and conditions of this solicitation and will be signed by personnel authorized by the School Board. 11. Appropriations - The District's performance and obligation to issue orders and pay under this solicitation is contingent upon approval by the Board or its approved delegation. Template Revision 1116115 Page 98 of 736 The School Board Of Charlotte County, Florida ITB 15116-602MP Catalog Discount 12. Time of Completion—NIA 13. Compliance with Laws - Each Seller must comply with all Federal, Local Laws, State Board of Education Requirements SREF regulations and ordinances relating to the type of work involved. 14. Public„Entit Crime-Paragraph (2)(a)of Section 287.133, Florida Statutes-A person or affiliate who has been placed on the convicted Seller list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a Seller, supplier, sub-Seller, or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Seller list. The Seller certifies by submission of this bid, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 15. Protest—When a solicitation is issued on Publi Purchas:.corm,the notice of intended award decision will be posted on www.PublicPurchase.com. Failure to file a protest within the time prescribed in Section 120.57(3) b, Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. If the tabulation with the recommendation of award is not posted by said date and time, Purchasing Department will endeavor to post a"Notice of Delay of Posting"to inform all respondents of the delay and the anticipated posting date and time. Any person who files an action protesting a decision or intended decision pertaining pursuant to Florida Statute, shall post at the time of filing the formal written protest, a bond payable to the District in an amount equal to one percent(1%)of the total estimated Contract value,but no less than$500 nor more than$5,000.The bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. If,after completion of time administrative hearing process and any appellate court proceedings,the District prevails, it shall recover all costs and charges,which shall be included in the final order or judgment. From intended notice of award until Board approval,all communications shall be sent to the Director of Purchasing, Charlotte County Public Schools, 1016 Education Avenue, Punta Gorda, Florida, 33983. From issuance of the solicitation until intended notice of award, all communications shall be sent to vovw.PublicPurchase.com Failure to file a written question or comment prior to the posted Question Deadline constitutes a waiver of filing a protest pertaining to the contents of this solicitation. 16. ;Product Recall ;During the bid process and after contract award,the Seller shall provide immediate notice of any product recap and plans to substitute or remediate. 17. Non-Collusion-The Seller, by affixing his signature to this proposal,certifies that his bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s), and is in all respects fair,without outside control,collusion,fraud,or otherwise illegal action. 18. Piggyback-Purchases may be made under this Laid by other Governmental Agencies within the State of Florida per DOE Regulation#6A1.012(5) with the consent and agreement of the successful Seller(s). Such purchases shall be governed by the same terms and conditions as stated herein. In no event shall the District be responsible for issues pertaining to other governmental agencies. 19. Charlotte Country Local Business Tax Receipt—Most businesses performing business in Charlotte County require a Local Business Tax Receipt. For exemptions,see ht---!//www.cet.axcol.coryi/businesstax.html, Template Revision 1116/15 Page 99 of 736 The School Board Of Charlotte County, Florida ITB 15/1"02MP Catalog Discount General Conditions 1. Insurance Provisions The Seller shall provide an insurance certificate(s)satisfactory to the District seven(7)days after award. No work shall commence under this Contract until the Seller has obtained all insurance required under this section and such insurance has been approved by the District. Workers' Compensation - The Seller shall take out and maintain during the life of this contract Workers' Compensation coverage for all employees meeting all statutory and federal requirements. Coverage shall include Employers Liability in the amount of$1,000,000. Said coverage shall be written by Seller which is acceptable by the School Board. Comprehensive General Liability - The Seller shall take out and maintain during the life of this contract Comprehensive General Liability Insurance in a minimum amount of$1,000,000 per occurrence,Combined Single Limit for bodily injury liability and property damage liability. General aggregate limit applies per a project or location basis (not a "policy" basis). Said coverage shall include Premises and/or Operations, Independent Sellers, Products and/or Completed Operations, Broad Form Property Damage and XCU coverage, and a Contractual Liability Endorsement. Business Auto Policy - The Seller shall also take out and maintain during the life of this contract Business Automobile Liability insurance against bodily injury, accidental death and property damage, in limits of not less than $500,000 per claimant, $1,000,000 per limits of not less than $500,000 per claimant, $1,000,000 per occurrence. Coverage shall be for all self-propelled vehicles used in connection with the contract,whether owned, non-owned or hired. Current,valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named project. Renewal certificates shall be sent to the School Board 30 days prior to any expiration date. There shall also be a 30 day notification to the School Board in the event of cancellation or modification of any stipulated insurance coverage. It shall be the responsibility of the Seller to insure that all sub-Sellers comply with the same insurance requirements that he is required to meet. Certificates of Insurance and "Additional Insured" endorsements meeting the required provisions shall be forwarded to the School Board Purchasing Department. 2. Payments To Seller The Seller shall submit a written request for payment to the School Board's representative for verification. Final payment will not become due until the completed work has been inspected and approved by the School Board. 3. Jessica LunsfQrdA.Qt SevonJZJA;a�Ls after_bId award any non-instructional school District personnel or contractual personnel who are permitted access on school grounds when students may be present, as well as those who have access to or control school funds must pass a level 2 screening(fingerprinting and FBI background check)and have a State of Florida "uniform" badge displayed. "Contractual personnel" has been defined as any Seller, individual or entity under contract with the school board. (Jessica Lunsford Act, 1012.465. F.S.) To comply with state law, all personnel who are contracted to work on school grounds where students may be present,must have obtained The State of Florida'uniform"badge and have it displayed prior to coming to or working at all school sites To obtain The School Board of Charlotte County, Florida Level 2 Security Badge, you may contact our Human Resources Department at 941-255-0808 ext. 3002 for an appointment. A current State of Florida "uniform" badge (implemented July 1, 2013)with another school District is also acceptable. Any"disqualifying offense"by an individual assigned to work at a District location must be immediately reported by this individual and, if known, the Seller's officer. Sellers employing multiple individuals shall submit a list of employees that may work on our premises to Maotha.Jackson&YourCiarlotteSchg2!§n� Such list shall provide employees by complete name and social security number. Template Revision 1116115 Page 100 of 736 The School Board Of Charlotte County, Florida ITB 15/16-602MP Catalog Discount 4. Price Adiust ents The District may, in its sole discretion,make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply are affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: a) The volatility is due to causes wholly beyond the vendor's control b) The volatility affects the marketplace or industry, not just the particular vendor's source of supply c) The effect on pricing or availability of supply is substantial d) The volatility so affects the vendor that continued performance of the contract would result in substantial loss or financial hardship. The determination as to whether a situation represents"extreme"volatility of the marketplace and/or whether the effect on pricing or availability is "substantial" shall be solely at the discretion of the District. Requests for adjustments must be made to the Director of Purchasing within twenty four hours after receipt of an order from the District for the affected product. 5. Terms and Conditions Any award and resultant purchase order shall incorporate the terms and conditions of this solicitation and the District's Purchase Order Terms and Conditions set forth in our website,found here 6. WarranN All materials and/or services furnished under this bid shall be warranted by the Seller,distributor and manufacturer to be free from defects and fit for the intended use. Unless otherwise requested, the items proposed must be new and equal to or exceed specifications.The manufacturer's standard guarantee or warranty shall apply. During the guarantee or warranty period, the Seller must repair and/or replace the unit without cost to The District with the understanding that all replacements shall carry the same guarantee or warranty as the original equipment. Further, in the event a unit requires a return to the manufacturer for repairs and/or replacements,freight charges both ways shall be the responsibility of the Seller. The Seller shall make any Such repairs and/or replacements immediately upon receiving notice from The District. 7. Certification Regarding Lobbying, Debarment, Suspension and other Responsibility Matters,and Drug Free Workplace Reguirements Certification form provided in this bid invitation package must be signed and presented with your bid. 8. Records Agggss The School Board of Charlotte County, Florida and the Comptroller General of the United States, or any of their authorized representatives,shall have the right of access to any pertinent records of Seller to make audits. 9. Termination On any occasion where the Seller fails to perform or defaults on any material provision of this order,the Buyer may procure the necessary supplies/services from other sources and hold the Seller financially responsible for any excess costs incurred. The difference in the bid price and the actual price paid may be deducted from funds owed to the non-performing Seller. 10. Changes in the Contract Changes in the contract can be made only by change order.The cost of the change order is to consider the cost of materials, salaries,etc. and be acceptable to the School Board's Representative. 11. Non-Waiver of Rights The failure of Buyer or Seller to insist upon strict performance of the terms and conditions of this contract or to exercise any rights or remedies, shall not be construed as a waiver or its rights to assert any of same rights or to rely on any such terms or conditions at any time thereafter. Template Revision 11/6/15 Page 101 of 736 The School Board Of Charlotte County, Florida ITB 15/16-602MP Catalog Discount 1 r gr inar Citum tart ces Neither the Seller nor the Buyer shall be liable for non-performance caused by circumstances beyond their control, including but not limited to, hurricanes, tornadoes, floods, loss of power, lightning and all other acts of God. 13. everabilitvlAssinabilit If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain valid and enforceable. Neither party may assign,transfer or otherwise dispose of this agreement or any of its rights and obligations hereunder to any person, firm or corporation, without the prior written consent of the other, which consent shall not be unreasonably withheld. 14. Substitutions Should a particular product become unavailable after award due to discontinuance by manufacturer, extreme market demand or inability of manufacturer to producethe product fora certain period of time,vendor may propose a substitute product to the District. The vendor shall provide specifications for the proposed substitute product, or if requested by the District,a sample of the proposed substitute. Vendor will also provide documentation as to the unavailability of the original awarded product to the District for its review. Such a substitute will only be considered if the District has a continued need for the product within a specified time frame where the original awarded product will be unavailable. Whether a substitute is necessary and whether the proposed substitute is acceptable are solely within the discretion of the District. 15. Liabih Where Sellers are required to enter or go onto District property to deliver materials, perform work or provide services as a result of a bid award,the Seller assumes full duty,obligation and expense of obtaining all necessary licenses, permits and insurance, and shall be fully responsible for its own negligent or willful acts or omissions. Refer to General Condition 1 entitled"Insurance Provisions"for District insurance requirements. 16. Indemnily This General Condition is NOT subject to negotiation and any bid that falls to accept these conditions will be rejected as"non-responsive",unless vendor is entitled to sovereign immunity by action of the Florida Legislature. The District agrees to be fully responsible for its acts of negligence,or its agents'acts of negligence when acting within the scope of their employment and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by the District. Nothing herein shall be construed as consent by the District to be sued by third parties in any matter arising out of any contract. Vendor shall hold harmless and defend the District and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed there under. This provision shall also pertain to any claims brought against the District by an employee of the named Vendor,any Subcontractor,or anyone directly or indirectly employed by any of them. The Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Vendor's limit of, or lack of,sufficient insurance protection. 17. Taxes The District is exempt from sales tax. For the School Board of Charlotte County, our State Sales Tax Exemption Certificate is No.85-80126217740-3 and our Federal Tax Identification is No.59-6000539. 18. Qpmppffigmt Safely Ha=ds Act Reaui rements The Bidder certifies that all material,equipment,etc., contained in the Bid meets all Occupational Safety Hazards Act(OSHA) requirements. The Bidder further certifies that if he or she is the successful Bidder and the material, equipment, etc,, delivered is subsequently found to be deficient pursuant to any OSHA requirement in effect on the date of delivery, all costs necessary to bring the material,equipment,etc.into compliance with aforementioned requirements shall borne solely by the Bidder. Template Revision 1116115 Page 102 of 736 The School Board Of Charlotte County, Florida IT 15116-602MP Catalog Discount 19. MIn vy oQ i 9M' Invoices shall be sent to the government agency which places an authorized purchase order. The School Board of Charlotte County shall have no responsibility for work performed for other government agencies. For Charlotte County Schools' invoices, follow the instructions on our purchase orders. For all other invoices, follow their instructions. a) All invoices shall include purchase order number for proper identification. Invoices must be prepared properly to avoid unnecessary delays in payment. Upon receipt of invoices forwarded from the Finance Department,the user school/department will approve payment for requested work that has been completed satisfactorily.AN invoices and correspondence shall be legibly written,signed and dated. b) In the event of errors, a credit or debit(as the case may be)is to be issued against the invoice as it was presented to the designated representative. c) The credit or debit shall show the original invoice number,date,delivery location and error being corrected on the face of said credit or debit. d) All invoices are to clearly show the District's name and delivery location (i.e., "Meadow Park Elementary School Custodian'). 20. LngeIlogderl Seller is an independent contractor and as such,has no authority to act for or on behalf of the District,or to bind the District to any contract or in any other manner. 21. Conflict of Interest&Contin1jent Fees The Seller warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee or due to their relationship to another District employee,official or consultant, except a bona fide employee or agency. For breach or violation of this warranty, the District shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover,the full amount of the contingent fee. Bona fide agency, as used in this clause, means an established commercial or selling agency, maintained by a Seller for the purpose of securing business,that neither exerts nor proposes to exert improper influence to solicit or obtain District contracts nor holds itself out as being able to obtain any District contract or contracts through improper influence. The Seller warrants that no person or agency has been employed or retained to solicited or obtain this contract due to their relationship with a District employee, official or consultant who can influence an award favorable to their interests. Any such relationship shall be immediately reported to the Director of Purchasing, Bona fide employee, as used in this clause, means a person, employed by a Seller and subject to the Sellers supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain District contracts nor holds out as being able to obtain any District contract or contracts through improper influence. Contingent fee,as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a District contract. Improper influence,as used in this clause, means any influence that induces or tends to induce a District employee or officer to give consideration or to act regarding a District contract on any basis other than the merits of the matter. Template Revision 1116115 Page 103 of 736 The School Board Of Charlotte County, Florida ITB 15116-602MP Catalog Discount BID SPECIFICATIONS SCOPE. This specification establishes the minimum requirements forthe purchase of Catalog Supplies and Equipment to be used as noted by The School Board of Charlotte County, Florida. The intent of this bid is to establish a contract for one (1) year from date of Board approval, during which time the successful bidder shall guarantee firm discounts as specified in this bid.1thio bij is designed for routine da to-day incidental supply purchases not included on other bids and is not meant tq replace or eliminate any annual bids for simil r r T cool Board of Charlotte Count Florida in i n I chases are considered to be,Purchases totalin _less than M90.per incident. For all other entities.limits should be based Q.p their own Purchasirr thresholds., Charlotte County Public Schools will determine, at its sole discretion, if the products offered fit the needs of the school system and will be included on the final tabulation. Charlotte County Public Schools reserves the right to purchase or not purchase from the catalog. It will be up to the individual schools/departments to determine which company offers the lowest cost, responsive service and provides the most efficient turnaround time for the items needed. DISCOUNTS: Bidders are invited to offer a minimum discount off the catalog list price on school supplies and equipment. Bidders are to bid a flat percentage discount that will be applied to items in the vendor's current catalog or website. Bidders must demonstrate the list or original price and the discount being offered that is over and above prices available to the eneral ublic. Bi _d mu f demonstrate discounts for both catalog and online pricina. CATALOG WITH BID: All bidders must submit one(1)website address, .pdf file of their catalog, electronic Catalog link or Catalog CD to be used for bid evaluation. If your company is submitting online pricing for consideration, access to online pricing must be submitted at time of bid. Paper catalogs are discourac,ed due to space limitations. TO BE CONSIDERED, ANY PHYSICAL CATALOG or CATALOG CDs must clearly be labeled with company discounts and freight charges: SAMPLE LABEL 15%discount, furniture&equipment 25%discount, supplies(consumables) Free freight minimum$50.00 order Rep. Name&telephone&email address BID AWARD: In order to meet the needs of the school system and in the best interest of the School Board of Charlotte County, awards will be made based on firm catalog prices, fixed discounts, freight charges and other special stipulations, set by your firm, and otherwise comply with the specifications,terms and conditions of this bid. DELIVERY CHARGES: The price sheet must include all delivery charges to the delivery point which includes all school/department locations in Charlotte County. Refer to Schools&Site Address document in Bid. POST AWARD-CATALOGS TO THE SCHOOL BOARD OF CHARLOTTE COUNTY,FLORIDA LOCATIONS: Upon award, bidders shall furnish one(1) catalog and/or CD to all schools and departments in the Charlotte County Public School System only if you have not provided a website and/or electronic link to online catalogs.We will distribute web addresses and links to the school sites and you will not need to send catalogs. CATALOG UPDATE: The discounts as bid must remain firm throughout the entire contract period of one (1) year. However, you may have one catalog update during this contract year with new items and revised unit prices. Should any discounts over and above bid discount be applicable(or special promotion items become available)the successful bidder shall advise the Purchasing Department in order to affect additional savings. Template Revision 11/6/15 Page 104 of 736 The School Board Of Charlotte County, Florida ITB 15116-602MP Catalog Discount SUBMITTALS SUBMITTALS: (please complete,submit with your Response, and initial each item below) Response Form -MUST BE SUBMITTED IN EXCEL FORMAT Website Address, .PDF or Online Catalog link, with login information, if necessary Receipt of Addenda acknowledged, if applicable Signed Certification Regarding Lobbying: Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements Company Authorized Representative(signature) Authorized Representative(printed) Date Title Address Phone Fax Email Template Revision 1116115 Page 105 of 736 BD APP 3/13/2018 Charlotte County Public Schools Bid# 15116-602MP(R2) School Board Meeting March 13, 2018 CATALOG DISCOUNT BID The Director of Purchasing recommend approval of this Bid for incidental, miscellaneous purchases (not on a current bid) and requests approval to drop any vendor that fails to comply with the Bid's terms and conditions. Crr : Hey an, irector of Purchasing Failure to file aprotest within the time prescribed in section 120.5 7(3), Florida Statutes, orfailure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. Page 106 of 736 Expires:3/13/2019 RE: NOTICE OF CATALOG DISCOUNT BID AWARD This notice is to inform you of the Bidward by The School Board of Charlotte County, Florida. This Bid Renewal was Board Approved on 3/7/2018. This bid is intended for incidental purchases less than $7,500 per order. The Purchasing Department, not its end-users, may exceed this $7,500 maximum threshold by means of additional cast/ rice analysis to ensure fair and reasonable pricings Individual company terms and conditions are noted on tabulation. Vendors awarded Bid No. 15/x,6®602 P( 2) for Catalog Discount Bid: 4imprint Kaplan Early Learning Company Acco Brands Lakeshore Learning Materials ACE Educational Learning Far Advance Recreational Concepts Magazine Subscription Service Allen Sports Center Magid Glove&Safety Aluminum Athletic Equipment Martek American Pride Paper and Plastic Matco Tools Atlaz International Maxiaids Audio Resource Group Medco H foto Medical Shop Bio Company Midwest Technology Products Blick Art Materials Morris Printing Group Bliss Products Nasco Becker's School Supplies National Educational Systems oo source National School Products rodrt Neff Motivation BSN Sports New Precision Technology Capital Microscopes Norcostco Atlanta Costume CapstoneO'Reilly Automotive Capstone Classroom Pasco Scientific Carolina Biological Supply Pele an industries Classroom Products Pocket Nurse Classroom Technology Solutions Porta Phone Coast-to-Coast Computer Products Positive Promotions Creative Shade Solutions PPG Architectural Finishes Creative Sound &Lighting Solutions Pyramid Paper Company iDemco {will Discount School Supply Raymond Geddes&Co iskovery Educational Systems Really Good Stuff EAI Education Rebel Athletic Emtec Recycled Plastic Factory ETA Hand2Hand Richey&Son Fisher Science Education Rogers Athletic Co Flinn Scientific S&S Worldwide Follett School Solutions School Health Corp Game Time School Nurse Supply Global Equipment Company School Outfitters Gopher Sport Scott Electric GTM Sportswear Shar Products Henry Schein Southern Lock Heritage Food Service Group Steve Weiss Music Hill Manufacturing Swartz Associates Homecare Products Taylor Music Ka ico Instructional Media TekVisions Page 107 of 736 The Library Store The Master Teacher Toledo Physical Ed Supply Top Line Recreation Troxell Communications United Data Technologies Varsity Spirit Fashions VV R—Sargent Welch/Ward's Science Wabash Valley Manufacturing Washington Music Center West Music Company Wood Etc, Company Page 108 of 736 Bid#15/16602101PIR2} The School Board of Charlotte County Catalog Discount Bid Tabulation DISCOUNT - MINIMUM ___-- - CATALOG NAME ANDlOR WEB DISCOUNT FREE VENDOR CATEGORY -.FURNITURE& ORDER AREA REP'S IN—64010—T , FORMATION I SPECIAL CONDITIONS 8 ADDRESS SUPPLIES _SHIPPING YM . -W:-reU box iswunt to cementjmpn Promotional ❑ ❑ varies per govrequasts@4impdnt.com excludes set up fees. Not to b imprint,Inc. Products 10%10/0 10/a N Item P:877-446.7746 any other offer. Upon bid awa F.86&9639311 wit be assigned to your 2 ni _ ......... a�...,,�...,,�...,,�...,,�...,,�...,,�...,,�...,,�...,,�...,,�...,,�...,,�...,,��, Products excluded are any w! to order items,sourced equipr laminators and film.shredders, Kimberly Tortorice and any newly developed prod Office Supplies ❑ ❑ M4ectbid@jaceo,mm subject to change;howeverdh and Products , ACCO Brands USA LLC Education Catalog Bid Price List 40% 40% Y �� s :847-796-4981 percentage remains firm throul F:800-793-90x5 '.wntrac period.Groundlreguia charge on freight;however rus �j inside delivery are subject to a, State on purchase orders if ins required. Vicki Szabo Orders over$50 after discount ACE Educational Supplies Classroom CE Educational Supplies 2DIGbida@ACEisclutatiomal.com❑ bids@ACEedutatiunal.com catalog or webshe receive free - - Suppries .ACEeducational.com 33% 33% Y $50 P:800.432-0213 33%discount(add 20%to iterr F:SOO.8655564 notations) -. .... ___ ____. ___ a ... ....... thietic Paul Brckman dvansetl Recreational Concepts 5% 5% N NIA infoaarcnodda.com Equipment& --rr ii*/e3n�r,R rr71„ (ARC) - uppiies P:321-775-0600 (F:866.957-2356 .. __ Athletic Paul Dickman 3 dvanced Recreational Concepts ❑ ❑ info(2arc8orida.co `�==ar.:•.is•erre.k:•x.m m (ARC) Equipment& 5/0 5/a N NIA P:321-775.0600 Supplies F:866-957-2357 :Athletic --- Paul Bickman AdvancedRscreaGanalConcapta Equipment& wvWJv=.ftQ.l.�t,'-racl�i.i1, �I�.s.4m 10% 10% N NIA info@areflorida.com (ARC)` Supplies P:321-775-0600 F:866957-2358 -_ --- --_ ---_ --_ ----.rv....,., ,.,.,,,,,,,,,,,,,,,,,,,,,w r Athletic Paul Bickman Advanced Recreational Garcepts ❑ ❑ info0arc8orida.com (ARC' Equipment 8 amnr�xaE�i tfiYy,sB_.rYs =nrYt 5% 5% N NIA P:321-7754WO Suppl�ea F.866-957-2359 Athletic Paul Bickman ....... Advanced RecreationalConcept9 ❑ info12arcfioada.com If�RC) Equipment 8 :},, ,,.� i pr Y�!a,=rtk,,;;;„ 10% 10/a N NIA p:321-775-0600 Supplies - F: 957.360 Athletic Pau!Bickman Adv anc d Recreational Concepts ❑ ❑ infoaarcliorida.com (ARC) Equipment& h11, la 10% 10% N NIA 'Supplies P:321-775-0600 �Frr 885-957-2361 Y ---Paul Bickman dvanced Recreational-oncepts Athletic ---- -. info@arcfloride.com ........ ......... ....... ka MI-4:#,.;�,�J,.ftdm-:a 5j% 55% N NIA (ARG) Equipment& i P:321-775-0600 pupplies F.866r957-2362 Athletic -"- Paul Bickman --- - Advanced Recreational Concepts ❑ ❑ infogarcilerida,eom (ARC) Equipment& �a�r,��rtvc.?. x .ri a�e to 10% 10% N NIA R 5-21-7754)600 Supplies F:666-957-2363 Athletic _ Paul Bickman dvanced Reweationai Concepts , info�arc8orida.co (ARC) Equipment8 5/ j/ N NIA '.,Supplies ...... P:321-775.2309 F:866957-2364 - Paul Bickman Advanced Recreational Contepts , info@arcnride.com FARC) Sites&Grounds wti� ntb€sd,.�gr;,m€ 5/ 5/ N NIA P:321-775-WO 7- Paul Bickman Advanced Recreational Concepts I Sites&Grounds .+ Lm&ch vn.a csamx rj❑/❑ rJo/a N NIA info@aranorida.com (ARC). '"""'- "' P:321-775-0600 F.866-90-2366 Paul Bickman. Advanced Recreational Concepts ❑ ❑ intoaaro4Forida.com Saes&Grounds ,�.,.�1:�.rw .Y 5/0 5/d N NIA (ARC) �' P:321-775-0800 - _ _. ..._. — E'86695Z•2367 Page 109 of 736 Bid#15/15-602MP(R2) The School Board of Charlotte County Catalog Discount Bid Fabulation -I-ckman Advanced Recreational Coneepts rj0/a 5% N NIA JiFnfe0ardorida.com FARC) ,Biles&Grounds a§r ra E,.W�f P:321.775.0600 T ... Advanced Recreational Concepts Paul Birkman -----_-- Pt 0 D info@arcftorida.com Sties&Grounds a r.s�nw '..=:52. 5/0 5/0 N NIA {ARC) _ _ - '...P:321.775-0600 w.:F:866-957-2369 ---- Paul Advanced Recreational Concepts Outdoor nfoaiokman 10% 10% N NIA �ari (ARC) Furnishings - P:321-775.0600600 ...i :866-957-2370 --__. _--- Paul Bickman Advanced Recreational Concepts Outdoorp p info ardodda.wm Fumishings 8/D two.vrebtnaa;c�.art � (ARC) - $/0 N NIA p;321-775-0600 .w._ __. . . . .F:85B-957-2371 Paul BiWcmen Advanced Recrealionaf Concepts Outdoor e 0 inlo®arc londa,wm ARC Furnishings em"� t 5/0 5% N NIA (ARC) P:321-T75-0600 F:866-957-237 Paul Rickman Advanced Recreational Concepts 'Outdoorv.r9 5% 5% N NIA info@arcllorida.wnn (ARC) Furnishings P:321-775.0600 '..F:866-957-2373 Paul Bickman Advanced RecrealionalCwcepts < u p info@arcWrida.wm (ARC) seer•&craarvPs w cf x _�.._.:; 8/0 8/o N NIA P:321-775-0600 F.06 W-2374 'Paul Bickman dvsnced-Recreational Conceptso 0 info@arcf1orida,com (ARC) Sites&Grounds w". fig- 5% 5% N NIA R 321-775-0600 Allen Snorts Center thfetio n Dan Bales equipmam8 air„,, ,,aryrigr, it ,y^,y y% n/a Y $CJa dbatesCallensports.wm '..uniforms lake additianal5%diF UnderArmour P:800-336-3041 Supplies F:727-392-8574 Allen Sports CenterAthletic Don Belies -- -- Adidas.... equipment& --MM rrat=das-- 30% n/a Y $50 dbates@allensparts.wm P:800.336-3041 uniforms take additional 5%lis Supplies '.F:727-392.8575 MonSports Center IAihletic Dan Bates.... 0 dbates@allensports.com& >= ,11� ,,; 10% nla Y 2917 Equipment Buyers Guide - $50 p;800-336-3041 items marked With freight logo i Supplies __- ,„ ,,,,,M,„ :F:727-392-8576 _ 'Athletic Tam Syron ----- ___-- ,EXCLU614N5"PVlHJ IuminumAthletic Equipment Co.: equlpment8 v,: „gisu`a ;�.=�sree. 14% 14a/o Y 75 toms�aaesporls.com �.CROSSBARS,VAVLTINGPOL Supplies P:600.523-5471 -0OrMBS35,FBS407FBS35,PC F:610.82,5n 87& PRESS ROX-DONKEY'S UST Medical Samuel Koppel Medical Equipment&Supplies American Pride Paper and Plastic .Equipment and '. -• Crystal Were 2018 20%/a na Y Pallets laP.732,367-4444 Safety SaTety Products 8 Supplies , Supplies -357-4444 Science Products&Supplies IF:718-301-9779 { i Andre Zalta Attaz tlMema601111l Ltd Computer Acar US_prioe book 12-12- 1.5fl% na Y $100 andrez@atlaz.wm Please reference Charlotte Cou Acer Supplies i16_MSRP.xlsx P:516-239-1854 ;15116-602MP on all orders F:616239.1939 -- @ _w Andre Zatta Affaz International Ltd Computer Adesso Product Price MSRP US Feb -�$p/0 na Y $100 andrez@a0az.wm Please reference Charlotte Cou Adesso Supplies 2016.pdf P:516-236-1854 15116-002MP on all orders F:51 B-239-1940 ----.-___ ---- "Andre Zalto AOaz International Ltd AA/Equipment AVID Education MSRP 2016,pdf 21.50% na Y $100 :andrez@adaz,w Please reference Charlotte Cou Avid P:516-239-1854 15116-602MP on all orders F:516-239.1941 , „"".p.„„.„„ _ Andre Zalta tlaz Intemationaf Ltd Brother Accessory Price List-12-1- 14 5%- andrez@allaz.wm Please reference Charlotte Cou Brother onerllnk 16.xlsx,Brother MFC Printer 0 na Y November 2016.pdf 29.5/0 $100 p;516-239-1&1,4 .15!16-602MP 0n all orders t ......_ :51B-239-1942 Andre ZaOa px*Baz International Ltd 'Computer Case Logic 12-21-16-CL 22 8�o/G na Y $i pQ andrez@adez.Com Please reference Charlotte Cou se Logic Supplies Retails.xlsx P:516-239-1854 15J76.602MP on all orders __ ____ ____�.,............... ..1843 Page 110 of 736 Bid#35/16-60210P(R2� The School Board of Charlotte County Catalog Discount Bid Tabulation _-___.... ............ www�,uf. .................e. Andre Zane Atlaz Clam Case Gonad Ltd Supplies Clamcase-MSRP-amafl.pdf 1Z,50% na Y 1® P:516-239-1854 :15116-602MPlease non ll ordersotte Go F:518.239.1.944 . ---_ ---_ -_... ----. ----. --_.Andre Zalta_ -...._.. __-... = .... dez International Ltd Aubs Pods& Copernicus 2016 MSRP Price List 18% na Y $10() 1®() andrez(datlaz.com Please reference Charlotte Cc Copernicus Supplies (USl.pd4 P:596239-1854 '.15116-602MP on all orders F:536-239-.1945 Andre Zalta tlaz International Ltd Toner/Ink delHnsrp-pricefist-online-rreblink.pdf 4,41-29.5/ na Y $100 andrezaatlaz.com Please reference Charlotte Cc ell P:516-239-1854 15116-802MP on all orders -F:516239-1946 ndre Zana Attaz Intemallonal Ltd Computer 1Q.5%- n$ Y $'�ryn ,andrez�aBaz.com Please reference Charlotte Col Griffin MSRP Price List 05-2616.x1sx Vu Griffin _Supplies a d P:516-236-985-0 15116-602MP on all orders 15.5/o '.F:516239-1947 _- Andre Zalta Atlaz International Ltd ! andrez@attaz.wm Please reference Charlotte Cm logear i AN Equipment IQGEAR Master Price List 2 t 16,xlsx 1996 na Y $+�a P:516.239-1854 95116.602MP on all orders m!. 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A9az international Ltd Computer Jay Factory MSRP NOV-2015. fz5°Yq na Y $100. 5�-12 „] andrez@afiaz.com Please reference Charlotte Cot q Tho Jay FaClgry '.Suppfres pdT II11 P.596-238185 15116-602MP on all orders uu, � ,� F 6t6.239=1949 .Andre Zalta Atlaz International Ltd 1Koss 7-2016 Dealer Price Sheet- 15 5096 na Y 14d andrezoatlez.wm Please reference Charlotte Cot Koos AN Equipment tlaz.xls P:516239-1854 1511"02MP on all orders F�515-239-1950 LEquipmem , ndre Zaltatlaz IntemeBanal Ltd endrezr�adez.ocmPlease reference Chadotte Cor Max Cases ; maxaasea max cases 2016.pdF 12.50% na Y $100 p;516239-1854 15196-602MP an ell orders tF:516-2331951 ' ndre Zana llaz international Ltd. pflerbox SKV Sheet.xlsx 3896 na Y $1 oandrezdtatlaz.Mm Please reference Charlotte Con derbgx P:516239-185 15116-602MP on all orders F:516239-1952 Andre Zaltatiaz Intematldnal lad andrezi0ataz.com '.Please reference Charlotte Cot antronica: Piantranics C•M QRG JULY 2016.pdt 22,5® n a Y $�� F:516-239-1854 15f16-602MP on all orders F:516-2331953 ' Andre Zalta tlaz lntemgGonal Lid Computer $1 Q® andrez@at1az.wm Please reference Chadotte Cot owwerGnkes Supplies PowerGistics Product MSRP,pdf 7.509`q na Y P:516.239-1854 1511&•602MP on all orders F:516239-1954 W � alta ''.....Andre Zalta Atlaz Irtwnaaona Ltd.: Computerandrez@atlaz,wm Please reference Charlotte Cat -Speck Supplies 'Speck Prim List_1191162.x1sx 29,5096 na Y $100 P:510-2331854 1511"02MP on all orders F:5162331955 Andre Zalts Attu international Lld Computer o andreza8az.wm Please reference Charlotte Cou STM Bags Supplies $TM Prior list 20f6.xlsx 32.50% n8 1 Y $1 Q� 'P:516239.185 15116.502MP on aft orders i � F'516 39-1956 - Andre Zelta &M Intematianal Ltd AIV Equipment VI $Wvl RP Partner Price Lisa.MAY 9SM na Y $100 p 516-239-1854 m 15fl6-602MP on allh®tiers COL F:518-230.1957 Andre ZattaAdaz -- Synod mafional Ltd Supplies Computer Synology msrp November 2016.x1sx 0.50% na Y $� ® P:516-239-1854 Pleasereference oon nho orderlottes Cou �F:S1Cr239-.1955 _..Targus MSRP -Andre Zalta Met International Ltd Computer t andrezatlaz.com Please reference Charlotte Cou argus Supplies fervlet.EmailAttactrmentDavmload,pd 4,20 na Y $100 P;516�239,18554 15116-602MP on all orders 516 239?958 ,nare--,alto ttez International Ltd 'Computer TRENDnet SRP MAP List-August 1 -Please reference Charlotte Cou tendnat Supplies 2016.x9sx 8.50% na Y $100 P.SIRIZ2 laz.egm Please 02MP c all orders Andre Zalta Baz International Ltd Computer Trident Cases Pricing-Descriptionsandrez@atlaz.cnm Please reference Chadotte Cou trident Cases Supplies .Active Skus.xlsx 31% na Y $1 P:516234-1854 '..15116602MP an all orders ._a .... ..... ��.�.�.,.,,[ F:51&239-1951 Page 111 of 736 BIM 15/16-602MP(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation Andre Zafta Atlaz Intematlonal Ltd AN Equipment Ubiquiti UniB 2096 MSRP.pdf ,5,50%° n Y $,()o andrez@atlaz.com Please reference Charlotte Ca Ubiqulti Networks P:516.239.1854 15116-602MP on all orders F:548-39- 6 -_-. ... Andre Zslta Maz International LtdAN n8 Equipment Visianeer Xerox MSRPpdF 10,SQ°,o Y $1 QQ andw@Litlaz-tom Please reference Charlotte Cr Visioneer Scanner . t _ P:5182391854 15116-602MP on all ceders F:616.239-1963 ttaz Intern:. _ _ oma.........�,�.,.�-. ..,-- Andre Zalta ational Ltd Xerox Price List Sept 2095 List $100 andnez@a4sa.cam Please reference Charlotte Cc Xerox 7onertlnk Price.xls 2.5%-15.5%l na Y P:516.239.1854 1511"02MP on all orders �F:516-239-1964 Andre Zaltx tlaz IMentafona!Ltd` Electronics and : prtndng may2®16 price Gal- andrezCitlaz.com Please reference Charlotte Cc XYZ Printing j Supplies small.pdf 1.80% na Y $�Q® P:516-239-1854 15116-602MP an all orders F:516-239-1965. Andre Zalto A9al�az9 Supplies International Ltd r ZAGG Pace List 2016.xlsx 8.50% Ila _w Y $1 QQ a St6-2 -9854@aII1m Please leace I Charlotte Cc Z '4 F:516-239-1966 - Amanda Wurtz Audio Resource Group ANEquipment ?11.,_? _.. 25l25% Yes dQ 'amandawgargaudio.cam P 8884584562 Please Reference Bid Mumbai '.F 888-373-4819 1%off 1%Off Yaakov Soim Free shipping for items up to 7 Electronics and YaakovB@bhphoto.com truck or other special delivery. B&H Foto and Electronics Corp. Supplies yaw"c=m9",r710Hl F-0 PI standdarrdBs tall standp� S tall Y none P:212-239-754D ext 7745 Items with manufacturer's unite F:212-239.7509 be 0%off. Y TAnn@@Wotzelio Corporation ,Classroom u = 5% 0% 250 ogyproducts.com 'NO PAIL PACKING,NO LIVE Supplies $ 2-9094 Ground a F:890-332-9094 (Tamby Paterson ------ Blick Art Materials Arts&Crafts Materials For AR Education 2Q®/0 n/ Y $49 reg ionquoles@dekbriek.com See attached Supplies P:800-704-7744 F_800-621-6293 ,- -- Jim Carruthers ---- Playground jcarruthers@blissprotlutts.cam Bliss Products and Services Playground ca 10 10 N/A all freight pm-paid and add Equipment P:239-248-7023 R 239430-0125 t - Jim Carruthers Play®round ,..��,„,.a 5/0 5 fa N l �'Thers b p Bliss Products and Ser*iaces vuw.w k,ia<„a 0 0 liss roducts.com all freight pre-paid and add „Equipment ”` P:239-2487023 Jim Carruthers Playground o p "carrulhersQblissproducts.com Bliss Products and Services tvsw ud .tata rn 5/0 5%® N N/A all freight pre-paid and add Equipment .-. ---_--...��. '.P:239248-7923 .-�,.. „xu.,-..W»r , F:239.43CY-0927 -Jim Carruthers Athletic Bliss Products and Services equipment& .`st7~"I;.,n1`a`;Alptl6 .nft,ak�ffi1€7mf".€tl.. 50`0 J®/fin N N/A P:2319-2rs6bli 3 p ucls.com all freight pre-paid and add Supplies F:.239.430.0128 -. Jim Cartuthers 'Outdoor 'carculhars bliss roducis-corn iss Products and Services I �=s;-,��.ral a-t, Cxtrr{ 5% 501//0 N /A � P all freight pre-paid and add Furnishings P:239-248-7923 F:239-030-9129 Athletic Jim Carruthers carrutharsQBliss Products and SepAtes equipment& t?r '.� Fr'? .`r ti5% 5% N N/A P:239-248-7023 Supplies '1:239-2487023 all freight pre-paid and add A�,��uA„u. .. IF:239-430-0934 .......,..- thletic Jim Carruthers Bliss Produgts and Services ;equipment 8 ,_,„;;, _.. ,�..°;m r -...."._" 5% 5% N N/A Icarcuthersi1bllssproducts.cam all freight pre-paid and add Supplies P:239-248-7023 - ± _.F:239-434-0131 ---- Jim Carruthers Bliss Products and ServicesPlayground 5% 5% N N A '�mulhe bliss duMs.cam gall freight pre-paid and add Equipment •r +b'.ac?tr..et-�=i I P:239-248-7023 Page 112 of 736 Bid#15/16-802MP(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation Jim Carruthers ' Outdoor )��thers@blisspmducts.com p :.'carruthers@blisspmducts.com Bliss Products"and Services Furnishings ,gP? d "` .tY) 5% 5% N N/A P:239-248-7023 all freight pre-paid and add F;.239-430-01.33 Athletic Y JJim Carruthers ----. --._ hes Products and Services equipment 8 wlmyUq ❑[ Urn_M_, , 5% 5% N N/A �i'carruhe liss roducls.com alifreight pre-paid and add supplies P:239-248-7023 -----nn R239-430-.0134 _. Jim Carcuthers ; Outdoorp jeanuthers@blissproducts.com ) Bliss Products and Services Furnishings a..la ha $;-s 1;0-,'`�'Co 8% 8% N N/A P:233248.7023 all freight pre-paid and add F�239-436-6135 Jim Carruthers Bliss Produds and Services Playground ,,_,,rl,rairkr�,x re,� 4% 4% N N/A carruthers@blissproduds.com all freight pre-paid and add Equipment �. P:239-24&7023 f F:2394304136 -'..Jim Carruthers Playground n' jrarruthers@blisspmdurts.com Bliss Products and Servicesty;€�a .I_S {t„trt;.J. 5% 5/p N N/A all freight pre-paid and add ;Equipment P:239-248-7023 - £F.239.430.0137 ... im Carruthers _ _... Playgroundcarmthers@blisspmducts.com bliss mducts.com Equipment Bliss Products and Services ru+.,t=°r ,�: j% 5% N N/A P:239-246-7923 all freight pre-paid and add a ..' F:239430.0138 JimCertuthers Bliss Products and Services Outdoor ,r i f J n $� g% N N A Ice rrulhers@blissproduds,com all freight pre-paid and add S Furnishings - / P:239.24&7023 F:239-430-0139 Jim Carruthers Bliss Products and Services Sdes&Grounds xt -.+J£rS,ca;+ry�. 5% 5% NN/A cerruthers@blisspmduds.com all freight pre-paid and add / P:239-248-7023 F:239-4304740 J rr ----. ...... .. „ , im Caulhera Bliss Products and Services Outdoor a .m 4 5% 5 N N/A ce�there@blisspxoducts.com all freight pre-paid and add Furnishings ;SP:23&248.7023 _. fF:.239,430-0141 Athletic 'Jim Carruthers p `ramrthem@blisspmducts.com BOssProdudsand Serviees equipment t8 veer rl ra is d 5� 5� N N/A all freight pre-paid and add ',.Supplies ®_�®..___.�.� P:239248-7923 F:239-430.0142 Jim Carruthers Playground p p jcarruthers@blisspmducts.com Bliss Products and Services a „,r,,,a 5% 5% N N/A all freight pre-paid and add Equipment ,"--- / P:239-248-7023 F:239-430-0143 Jim Carruthers Playground p 'rarruthers@bhssproducts.com Bliss Produds and Services a.t rx srk,i#Ment 9=Pv i-+as*e.a 5j% 5% N N/A all freight pre-paid and add Equipment / '.P:239-248-7023 F:239-430-0144 Booksourceoffersa9%-10%di%di current publisher list price at the purchase on titles where Baaks- Educational O No a short Boakaource: wn�r b=x"��rsrr.�.c�l..r 25�p N/A _ Y publisher discount.Boot Supplies Minimum free standard shipping on all ort shipping can be requested at th. a ense. .........„„,�,� Rose Geyer Please see attached Terms an rts&Crafts p p * Rose.Geyer(pbrodari.com further details for the free shippi Brodart Co. .Supplies r ""'r"'''' 20�p 15% Y �� P:800-233-B467 x4355 shipping vnll not be offered on R eeeeeee,,,xP..x,.. n ,.,.�. ....... P 574851.1@3g a uipMent. Reference Quotas o .._ _.. Athletic Lyn Weiss,Senior Bid Specialist BSN Sports Equipment& BSN Sports 10% 10% Y passonsbid&snsports.com p �j25 See attached list of exceptions Suppliesyt°4rs`1��P6 gra_.m?re�.. :P:800-445-9446 F:800-5235113 Lyn Weiss,Senior Bid Specialist Athletic USGames p p Passans6id(dbsnsports.com BSN Sports Equipment& LJr`t7t .LTi 1 Q�q 1 �o Y $25 'Sea attached list cf exceptions j Supplies � eP.-8P0-44S-9448 p- m `-F:@00523-5114 Sean( 7Sterrett 33p/ 33/ $50 seas@microscopesandmore.cemCa”nal Microscope Services,Inc, Science Products &Supplies P 875343410 r _ „u„„u„„ pu u F 770-42.2-1833 Page 113 of 736 &d#15/16-602MP(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation 'Shipping is free on orders of Educational Julie and David Cole 10%of subtotal an orders bele WIM— 6 41 i v.e. 1 5% N/A Yes'" None thecolesWrep.00m $5,00 minimum.Capstone Re :Supplies - P:861-235-4480 receive free shipping on all on is free. Educational Jody Romans -- -Shlpping+s free an orders of$S( Capstone Classroom ,k t.,+.SvE fz rt Is.,.�rrra=rn c:w:r 5°� N/A Yes' None - cy� of subtotal on orders below$500. Supplies ° P:262-88- autlook.com minimum.Capstan Reward Mem r P 252-388-4298 _ shipping on all orders;,enrollment Elizabeth Stanfmld - Carolina Biological Supply Company.'Science Products ° p $a elizabelh.slanfield@carolins.com Please see attached Carolina F 9 P ,'&Supplies P�"`�f`f 5�0 5J"�° N P:33&538-6294 for discount exclusions and fn ....... - F;336x530.6330 Ron Zemer ---- - Classroom 0 rzerrer@pnvacyshields,00m Classroom Products LLC ��',^•r;.r-t� r r�`7n�r� -•=•^=r't. 5% n/a N none Add 10%to total for shipping. 'Supplies P:800315-0741 _ F,937-34-1703 D Classroom Technology Solutions It Gingrich —F— AN Mounts .A/VEquipment eer�^,tr.;t -:a.'±r;. 5% 5% Y $99 om04-71-100lsetl.wm.. -s P:904-731-1006 I � IF:904731-1007 Tam Gingrich Classroom Technology Solutions ° ° tom.gingrich@09ed.com Bnghtsign A/V Equipment wyG'?.�1„,5}#, 5/0 5/o Y $100 P,904.731-1006 F:904-731-1008 ___-- ---- Tom Gingrich Classroom Technology Solutions - ° ° tom. m ch cisad.Cam C2G Cables A/V Equipment wy.r.'��..ra ..... 10% 10% Y $1 DO P:904-711-10W7 F:904-731-1009 ` E Tom G€ngrich ��'�'-'-'-'-' Classroom Technology Solutions ° ° t°m,gingrirh(BJctged.oom ClassCam:. AN Equipment F, °.;,+, i ;.rt 10% 10% Y P:904-731-1906 L904-731-1012 Z: -101E ingrichlassroom Technology Solutions ° ° gnch�ctsed.wm TS , ;:a:w u a s 10/0 10/o Y $99 731-1006731-1011ingrichlassraam Tachrtotogy Solullans rich ctsed.cam Free shi m on orders over$ M#!r"7mdlj t�}:Ylj Curr. 15% 15°�a 9 pPP�9Hamilicn.Buhl — 731-1000 $1500 shi m is$25, 731-1012 Tom Gingrich Classroom Technology Solutions € 10°�a 10°�a N _ tom.&gdch@ctsed,com Shipping quoted at time oforde Middle AOantic Equipment uw,-m-m 3 e E ntic.c+r,v P:904.731-1006 F:9D4-731-1013 Classroom TechnologySolutions � om Gingrich o o flim gmgdch@ctsed.wm pP 9 A/V Equipment : al,;_m _ll,r:�rry 20% 20% N ..,. Shi m quoted at time of orde Raemlech '. '.P:904.731-1006 '.F:904-731-1014 Tom Gingrich Classroom-ecmrotogySGIODo s ° ° tam.gingrich{l�ctsed.com Teach Logic A/V Equipment y 8 1. kf u& 5% 5% Y — P:904-731-1006 F.904-731.1015 Tom Gingrich Classroom Technology Solutions ° ° tom.gingrich@clsed, m Tri-lust N Equipment E' .t 11. i, 10/D 10/o Y $100 oo P.904731-1006 F:904731-10 6 Tom Gingrich Classroom Technology Solutions ° ° tom.gingrich@ctsed.com iewsonic AN Equipment u,,>.ve:uiww t..`c-cus;n 5% 5% Y P:904-73i-10Dfi s !F:904-731-5017 Tom Gingdch Classroom Technology Solutions a ° tom.gingrichQctsed.com ivitek A/V Equlpment .^�„ +r r l . 5�° N � Shipping quoted at time of orde; Pr 904-731-006 __..... ... ...._— F:904731-1018 _ ... ..._.. l -Tom Gingrich - IassroomTechnofogySolutiana iA/VEquipment >-111,.1_.1s�;.1;,:3-Ee?..M 15%/5% - 15%/5% Y tom.gingrich@cfsed.com 15%off projectors 15%off lamp ite Boa Conmercaal — P:904-731-1066 accessories ..,, -- F.904731-1019 ---- __.. Page 114 of 736 Bid#IS/16-602lV?(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation 'Shipping is free on orders of Educational <Julie and David Cole t0%ofsubtolal on orders beh apstone s n, 5% N/A Yes* None BlewlesQflrep.com $5.00 minimum.Capstone Re Supplies P:866-235-4480 receive free shipping on all on is free- Jo Romans J,'Shipping Is free on orders of$51 Educational 0 * Frminmum. subtotal on orders below$500 Capstone Classroom it;pro;,,;.2+,BGr v id9::;fi1 ter.Lima,a, 5/0 N/A Ye$ None romansliteracyCoutlook.cam (Supplies ""—"" Capstone Reward Mem P:262-38&d208 g on all orders;enrollment Elizabeth Stanfield Science Products 0 0 so elizabeth.stanfield@carolina.com see attached Carolina I Carofina Etiological Supply Company t^3vnv s��rxJ+r« ;+,� 5/0 5/a N&SuppliesP:33fi-53B�294 count exclusions and fn 33¢438.6330 iRonZemer Classroom rzemer rive shields,com Classroom Products LLC *,,di—r.cEm r s 7�.,ad car. 5j% n/a N none �p =Add 10%to total for shipping, '..Supplies '.P:B00315.0741 I ---- F:937-342-1703 Tom Gingrich Classroom Technology Solutions „ 5% 5% Y X99 tom.gingnchpdsed.com AN Mounts' - A/VEquipment f-� q,u,Yp P:904-731-1006 F 904734-1007 rt Tom Gingrich Classroom TechnologySol . utions AN Equipment r_r i t � 5% 5% Y y100 1cm.gMgrich@clsed.wm Bnghtsign M:904731.1906 IF:904731-1008 Tom Gingrich Classroom ----. 2 C2G Cables AN Equipment rwuiw,�:+f.�n.ecrrr+ 10% 10% Y $11 O P:904n73��ed.wm re F:904-731-1 009 _- Tom Gingrich Classroom Technoingy.Solu;ona ClassCam... /V Equipment rx.:,s_.,,i ,,ry 10% 10% Y — P:90731-10tam,gi4731-10�clsad.com 06 .. .................. .a a ..... 'F:904;�,3t-010 , -- Tom Gingrich --- Classroom Technology Solutions Equipment sant„ I dsTl 1�% 1 d% Y �g� tom.gingdch@ctsed.com T5. P:904731-1006 IF;904731-1011 m Tom Gingrich lassroom Technology Solutions A/VEquipment ,• 15% 15% N 1om.gingrith@ctsed.wm 'Free shipping on orders over$ t.�w x9:;a MriL':.r�rr 'Hamilton Buhl — P:904-731-1008 $1500 shipping is$25. Tam Gingrich --- --____-- Classroom Technology Solutions - a p tom.gingrich@clsed.wm Middle Atlantic Equipment `': ,std v i_ a•e.r.. 1 /° 10/0 N — Shipping quoted at time of obs P:904731-1000 F:904731-1953 _ w .-.-.�-- f - :TomGingringrich Classroom Technology Solutions p p m.ghgrich®ctsed.cam Roemlach AN Equipment � , y. 2Q/a 2Q/0 N — taShipping quoted at time of orde 1P:904-7211-10% +'F;904731-1014 Tom Gingrich Classroom Technology Soluf Gmi 5% 5% Y 1om.gin96rh@ctsed.com Bach Logic Equipment r^.n�,.f.iu„�m..fi,ru..+r€...corrs — 9� -. P:904-731-1006 F:904-.731.101.5 Classroom Technology aolutians Tam Gingrich gy o o tom.gingrichl�Msed.wm ri•Net_. - A/V Equipment ,'+n,.trj...... . 10% 10/a Y $100 P;904-731-1006 F:g04-731-1016 om Gingrich --- lassroom Technology Solutions ° ° tom.gingrichpctsed.com Iewsortie A/V Equipment x, ---ws; s,..,:,-� 5% 5% Y -- P:904-731-1006 F;904731-1017 1 11 Tom Gingrich Classroom Technology Solutions A of r 5p/o N -- 1om.gingrich@ctsed.wm Shipping noted al time of arde +vitek /V Eq pment &L..°r-whzs t ?�.,, P:904.731-1006 pD g q F.904-731-1018 _... - Tom Gingrich Cisssroom Technology Solutions ° ° tom.gingnch@ctsed.wm 15%off projectors 15%off lamr White Box Commercial A/V Equipment ++!zn y �: 15%/5% 15 0/51/ 015/o Y — P:904731-1006 acwssones Page 115 of 736 Bid#15/16-602MPIR2) The School Board of Charlotte County Catalog Discount Bid Tabulation Dan Wechsler Freight chages are calculated Diskovery Educational Systems Educational p p dan4Ddiskovery.00m Ica r,;;i``?a€,�,g,';t* y:,yfcs':t', ?# 3�j�° 35J�p N 0 if services are required such e Spectrum Carts&Furniture Supplies I P:800-331-5489 finside delivery - F:561-683-8416 Dan Wechsler Shipping is$10.00 for Diskovery Educational Systems Educational . ,r�,,,� NIA 1 °�p N ( dan@diskovery.cam Orders less than$1,000.00.. rfdi Supplies °_"'- - ` P:800.331-5489 F:541-683-8416_..... 5 i.z 's Fre@[4r 9rd4fS ov. Dan Wechsler Shipping is$10,00 for Diskovery Educational:SystemsEducational lr ?®nn,a,�„tq-,rrar,C ^,:,,,g,u tv _... NIA 12% N danQdiskovery.00m Orders less than$1,060.00.. Seagate '.. '.suppries pP:800-331-5489 a,� :1F:561-683-8416 Shi in is Free for Orders ov is;, Dan Wechsler Shipping i5$10.00 for Diskovery Educational Systems Educational S p ° danQdiskovery.com Orders less than$1,000.00.. acom Supplies Pr„��sr,,. :u��z?=-' 5�0 5�0 N P:800.331-5489 = F:561-683.8416 Shi .n.....is Free for Orders ov Dan Wechsler Shipping is$10.00 for Diskovery Educational Systems IEducat.nat ..,,. p N dan@diskovery.com Orders less than$1,000.00.. NIA 6/o o Make Wonder Workshop .Supplies 0:800-331-5489 F:561-683-8416 IShiplingis Free for Orders ov _-- Dan Wechsler Shipping is$10.00 for Diskovery Educational Systems :Educational + NIA Zrj°� N dan@diskovery.wm ;Orders less than$1.000,00., �l 4�y:f°�}r£.ntt'..31.Ib PYb t1'adtw.e'.MkJ.rs' $renthaven K-12= :.Supplies � ° P:800-331-5483 F:561-683-0416 Shi 7j0. is Free farr Orders ov, ...:erne: .....n,V.....m 9 PF - -i cata� iascount does not a Instruments,Sharp,Casio,Ve Gubelets,Ozobols,Sphero,M Sam Labs,SBBoards and MyC plus drop-shipped items,fumit select storage containers(ordr catalog price).Discount canno Barbara Tuzzeo with any other coupons,sale p EAi Education 'Educational 1,.i dx sfis€4:C � � 15%with NIA N none bidsquates@eaieducation.com offers,bids or quote pricing.SI Supplies exceptions I 800.770.8010 x7600 over$100 is Free;under$100 shipping.ALL products from T Instruments,Sharp,Casio and furniture,carpels,drop-shippal storage are not eligible for free =not apply toward the$100 mini Standard shipping rates will ap r Catalog discount does not app Instruments,Sharp,Casio,Vai Cubelets,Ozobots,Sphero,Mi Sam Labs,5sBoards and MyC plus drop-shipped items,fumib select storage containers(orde catalog pricey.Discount cannot In'.i t r i+rt„. o Barbara Tunao with any other coupons,sale p Educational fi4 .�z f 15 with EAI Education � nla N none bidsquotes(deaieducation.wm offers,bids or quote pricing.St Supplies fSNkh,,,�Y'Ci exce tons p 800-77rY8010 x7600 over$700 is Free;under$100 'shipping.ALL products from Ti Instruments,Sharp,Casio and Ifumiture,carpets,drop shippec storage are not eligible for free not apply toward the$100 mini :Standard shipping rates will sp excluded items. Sylvia Fumero Professional Development,Eui Classroom p p sfumero@ham12mind.tom Custom Kits&sale items are e ETA hand2mincl vr�a�r�°.h�n P,.;jirr_cgla 15%�° 15�o Y $fl discount,Special promotions,c Supplies P:800-445-5985 brochures and bid prices(prefi: IF:800.382-9326 < Summer Vyne Erri Inc. ®± r ❑3 c„ ° p 'summermyneCemtedinc.com Aisle 8 Equipment rr3_rrc-zrrr�:r:ctr .. ..__-______- 2{��p 2��0 Y P:904-739-7676 F:904739-7330 Summer Vyne Emtec,Inc. A/VEquipmenthmis�"°� �� ,?�v+�aif<+;j' 12°�p !2°�p Y summer.vyne®emtecina.com AKG hark- 8'-i P:904739.7676 I F:904739-7331 Page 116 of 736 Bid#15/16-602MP(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation Summer Vyne Emtec,Inc, It ,=hp vRri;,.,5r cn n?r. .:e p ° summer.vyne@emtec nc,cem AN Equipment 20/° 20/0 Y II In Learning 0 P- rrcttvrt P.904-739-7676 F 404 239 7332 Summer Vyne Emtec,Inc. r. 0 0 summermyne®emtecinc.eom Itinex AN Equipment ,rrevn rt 10% 1 a/p Y P:904439-7676 -- F:904739-7333 •. __. .®. Emtec,Inc - -- 'Summer Vyne 20/9 za/° �American T hnicalFUrnitUre NEquipment LOU"_'-'�"` - 'R--`'rs"-' `+ 0 0 summervyne@emtecinc,ccm °tY formers Media Tech) R 904 739-7676 (formerly F;906-739-7334 Summer Vyne Emtec,Inc. A Equipment rl a``;t[y't+bd t."r„r4ecyl d>ri„tSa'.,_.E?:. ?. 20°/ 20% Y summermynegemtecinc.com AMX mup-nerc.ie�e�? ° P:404.739-7676 i t.904 739-7335 -- Summer Vyne Emtec,Inc. h'I `(�,auv ,- .an+ ,n,ssscx�aM=1 0 ° Y summer.vyne@emtecinc.c*m Anchor Audio .AIV Equipment ms.w:;,rur.i, 10% 10% P.904-739-7676 904-739-7336 Summer 5fyne �Emtec,Inc: '^' t "=1�" " r""�%'r�'*'.t 20% 20% Y summer.vyner�emtecinGrom tias50und A/V Equipment r> tri rr, P:904-7337676 ---_ �,,,,ma wwuvuvuvuvuvuuvu,�- F:904-739.7337 Summer Vyne --- Emtec,Inc: q P 'i`: t a:t t er,r ' ,2% 12% Y summer.vyns@emtecinc.cem V E ui ment Atlona MiU r,T12D c+ P:904739-7676 F:9D4-739-7338 -Summer Vyne Emtec,Inc. Audio TetlAnita N Equipment r 1a% 10% Y wmmenvyne(gemtecinc.com 4t}l �, - z P:904-73&7676 f s )F:904739-7339 ......... -.... - -.summer Vyne Emtet,Int. r� ':;!a, m irr, =k„ p p summer.vyne@emtecint.com Audix A/V Equipment ensu:-crtrr 15/p 15/° Y P:904-739-7676 ....994-739-7340 Emtec,InC. _-- i .._ Summer Vyne A/V Equipment IIT "'7` ' I` ctr Yl,6�„3S","reR'` 2a% 2o% Y summer-vyne@emtecine.colTm AVFI(Formerly VFI) msec-arn:arrrat P:904739-7676 F:904-39-7343 Summer Vyne Emtec,Inc.. p _�-,te," :En:. . '`rn s' 1 a% 10% Y '.summermyne&emtecine-eom AVTEfl. AN Equipment ,tom n:+-r<=nrana' -P:904-739.7576 F:904739-7342 Summer Vyne Emtec,Inc. l f d r .Ic c:_ , tsa°°; ,r,", ° o summer,vyne@emtecinc,com !Balance Boz ANEqulpment UV a ,.r,,Iv 10/0 10% 0/9 Y P:904739-7676 F.904-739-7343 Summer Vyne --- Emtec,Inc. vy a 25% 255% Y summer- ne emtenc.com AN Equivment = Baltl?��'r!�r�^3'_ P:904-7337676 F-904-739.7344 _---Summer Vyne — Emtec,Inc. ANEquiPment ' 100/( 10% Y summer."@emtecinc com Barco E:pJ:nt` P:904-739-7676 F;804739.7345 Summer Vyne ---- ---- Emtec,Inc. yid, +f trvR;pg i„-:,;;R,;;. .,,;3ry`..,q-r„t-„a;,;`, 0 0 �summer.vyne@emtednc.eom AN Equipment 5/D 5/o Y Belkin sr"" -R€9'"feb'f IF:904-739-7346 Summer Vyne ! Emtec,Inc. seR ,n,, Uir, r, rartts� c�vs? summer. ne emtecinc com AN Equipment .r r a r 25% 25°/9 Y " Best Rite : "rte P:9047337676 F;904-739-7347 - Summer Vyne Emtec,Inc• ANE ui ment 'rte i CR IYfam vow p p summer.vyne�emteCnatom •BiampSystems :. q p srrarr=.rti seg r 20% 20% Y P:904-739-7676 :Summer Vyne Emtec,Inc. Equipment fit eta rR' rr"rr; d3° 10°/ 1a% Y summer.vyne�emtacnc.eom Blonder T°ngue r5rcr:-vrir evc, ° P:904-739-7676 F:904739-7349 Page 117 of 736 Bfd*15/16-602MP(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation ...........,,,^..^^^^^^^^^^^^^^^^^^. ...................................... Summer Vyne Emtec,Inc. 15% 15% y summermyne(gerntecinc, 9 BraA/V Equipment ford alc?n ltLiwi P:904-739-7676 F: 04739-7350 summervyne Emtec,Inc. VA11�twat 1v-ffMt-1nC U—I'Tsurnmermyne@erntecinc.com Cables to Go AN Equipment ,ta 10% y P:904-739-7676 Summer Vyne Erntec.Inc. 8ummOr.vyMe@m m O tecint.co Canon A/V Equipment 5% 5% y P:904-739-7676 F'904-739.7352 Summer Vyne Emtec,Inc. A/V p Equiment 10% 10% y 9ummar,vyne@*mIac*nc.com Casio P:904-739-7676 IF-904739-7353 .................................... SummerVyne Emtec,Inc. A/V Equipment 20% 20% y 1summer.vyne@emtecjnc.wm Chief P:904-739-7676 ...... iF,,904-739-7354 'Summer Vyne Y Fmtec,Inc. summar.vyne@amtecinz.wm A/V Equipment MUM 10% 10% Clearpne F,904-739-7676 F:904-739-7355 Summer Vyne ErnteC,Inc. A/V Equipment 10% 10% N summer.vyneoemtecinc.oDm Clevertouch P:904-739-7676 F:904739-7355 Summer Vyne Emtec,Inc. e A/V Equipment 10% summer.vyne@emIednuwm Connectrac: 10% y P:904-739-7676 F,904739-7357 Summer Vyne Emtec,Inc. cir r.ram!Fk, -P surnmermyne@erntecinc,com A/V Equipment Copernicus 10% 10% y F:904-739.-7676 F:904739-7358 SummarvyMe Emtec,Inc. A/V s hyw smt ,n,,wm,' Crestron �ML—T j 9 TOF104mev Equipment 30% 30% y summenvynegenitecinc.com iyndn j P:909-739-7676 F:904-739-7359 —------........................... • Summer Vyne Emtec,Inc. A/V Equipment 1 5% 15% y summer.vyne(&Mtecinc.o)m Crown P:904-739-7676 :F:_904-739-7361) Summer Vyne Erntec,Inc. A/V Equipment 15% 15% y summer.vyno@emtecine.com Da-lite P:904-73OL-7676 IF;904-709-7351 Summer Vyne Emtec,Inc. 15% 15% y SummeT.vyne@emt8cincWm A/V Equipment D9X 'P:904-739-7676 F:904739-73fi Summer Vyne Emtec,Inc. I A/V Equipment cwTu're;wroep/ 15% 15% y surnmer.vyneaerntecinc.com Draper P:904,7337676 F 904739-7363 Summer Vyne Emtec,Inc. summer.vyne@emIednccom AJV Equipment 8% 8% Epson M-MOMm.L11 -730 12:904 9-7676 E 29LZN:Z� Summer Vyne summer.vyne@emtecinc.com Fintec,Inc. A/V Equipment 20% 20% y IP:904-739-7676 M 1F-.9M739-�73L ................ ^.m.-......... Summer vyme Erritec,Inc. A/V Equipment all—111�elwml" 10% 10% y summer.vyne@emtecjnc.c;om Front Row P:904-739-7676 L 121904-739-7366 Summer Vyne Emtec,Inc. AN Equipment p:-:r,+ 10% 10% summer.vyne@emIecMc.c*m Global Ca0e sr_Ij,jn P:904739-7678 Page 118 of 736 Bid#15/16.602MPIR21 The School Board of Charlotte County Catalog 6rscount Bid Tabulation Summer Vyne Emtec,Inc. ...(A/V Equipment r :: "`.-r rr,„a r;:, '- 10% 10% Y summermyne@emteclnc,com �HaverCam � w rp- =:.. P;904739-7676 F:904-739-7368 Summer Vyne --- ---- ---- Emtec,Inc. k ;r ova !c r cpm r e r p p/0 Y summer.vyneemterinucpm /0 Muddle CSM A/V Equipment ?nr A rlr rr + 8 8 P:904-739-7676 904739-7369 Summer Vyne Emtee.Ine. nr cart. cry~ee 10% 10°/ Y summer.vyne@emtednc.00m faded n/V Equipment P F.'�Yt CAA1,{r ° P:904-739-7676 I F:904.739.7370 - --Summer Vyne Emtec,Inc. 7_r.m„�,',kv^,a,'r €'3Yr't�i1a �r'r+?t::sr, r. p p summer.vyne@emteclnc.com Infocus A/V Equipment r rc+..rrrr}nor 10% 10% N P:9114-73B-7676 .,,,,,,,,,,,,,��.,,.,.�„ �F 904-739-7371 Summer Vyne --- - Emtee,Enc,:. ti, a'rznp.`S ntl ins r�n.r ,7urcs^ -- A/V Equipment e10% 10% Y P90 u 1e@emteClnc.Cem abre arsen-rrrrr,ac�r $ � ;904739-739-7676 t F:904-739-7372 e Summer Vyne Emtec,Inc. t�r,r n A/V Equipment ""' - �` -- r�..a�rrw 15% 15% Y summer.vyn9@emtecinc.wm Jai, nrsrc-cnvnr L s P:904739.7676 F'904739-7373 Emtec,Inc: r f Summer Vyne AN Equipment " r ty 'r" 30% 30°/ Y summer.vyne@emtecinc.com KI Furniture re ,aM! ° P:904-739-7676 E: 7,9-7.74_. Summer Vyne --- Emtec,Inc: t g` q'rt .f rtr,Er»uta>5" p p surnmermyne@arrilecinc.com summer. na emiadnc.com Kramer AN Equipment r� �.rye, 25% 25% Y P:904-739-7676 ......_ tF:904739-7375 Emtec,Inc. Summer Vyne 'I1C'v+,ti;it'aY'Y�';,cEt$ r ^tr�n:ue�ti .summer.vyneC�emtecinc.com Lenovo A/V Equipment rrg,s.Y,°vnr� n f Y P:904-739.7676 F:904739-7376 Summer Vyne Fmtec,Inc.. a :, tyyy .�rnt,t,rC=�,-.pt3"r>:x.:___�.sr ? p p summer.vyne@emtecim:xom L A/V Equipment 5/0 5/°._. Y P:904739-7675 F:904.739T377 A/V y,r Summer Vyne Emtee,inc. Equipment / / summermyne@ emlecinc,cm Lberty P:904-739-7676 F:904739.7378 Summer Vyne - Emtec,inc, A/V Equipment fh E s.'fw, `` --ne r" `re21 5°/ 5% Y r1tmmer.vyne@emtacinc.com Listen Technologies �rry. -=� r ° ;P:904739.7676 4F:904739-7379 -- 'Summer Vyne ----- ----- __-- Emtec,Inca ;�,s�.rr r,:,�;r e rds:wir r "{-y',�, ;g p p summer.vyne@emtednc,com LOgieech Equipment 4 s r nrtf 5% 5% Y P'904-739-7676 F:904739-7380 summer Vyne . ._.... Emtec,Inc. v m, 3= t p p Summermyne@emtecinc.mm Mackie. . A/V Equipment e oez r¢pi 2Q/0 20/° Y P:904739.7676 E 904739-7381 Summer Vyne Emtec,Inc (tI9„.„ ar yip; ii'..,,a, t�.-'! p p summermyne@emterane.com Mantrott0 Equipment nz _t, n.4, 5/0 5/o Y P:904739-7676 F:904739-738 - ---- Summer Vyne A/V Equipment Emtec,Inc. ' 22% 22% Y summer.vyne@emtecinc.eom ri`+�r Middle Atlantic Racks q-mmm p:904-7337576 F:9047337383 Summer Vyne Emtec,Inc. ” ty. :;tas,Fr, .:-: m_._._-:....�:+�,.. p summer.vyne@emtecin=nn :.Mooreco A/V Equipment rr _ n®r�" 250/c 25/o _ Y P:904-7347676 ...... :F:904-.739-7364 �EmtBe,Inca - __- Summer Vyne Equipment °/p $% N summer,vyne@e"OC*nC.cem NEC �Y, ,:.9.n'-gin"`r P.904-739-7676 Page 119 of 736 BEd#15/16-602MP(R21 The School Board of Charlotte County Catalog Discount Bid Tabulation --- Summer Vyne Emtec,Inc. k ivy^.ut'jaX'~=y�4,EYy, l€1.„?r?,rtrescxu€::aas1 p p summer.vyne&mtecinawm N AN Equipment m re nca,x,a= 5% 5% Y P:904-739-7676 Summer Vyne Emte[,Inc. I A/V Equipment s ev:rr w a-inns c,,r j` ,ii-;es; 1 Qp/p 1 Qp/p N Summecvyne@emtecmc.wrn Nureva` 6)3r orrcarr� :904-739-7676 F:904739-7387 ..�m.�..,.,�., a-„-„-„-„-„-„-„-„-„-„-„.,,,,,,,.-..�-„-„-„.,,,...,,x.,,,„„„„„„„„x-„-„-„-„-„-.,,wwwwwwwwwwwwwwwwwwwwwwwwww,. Summer Vyne-- Emtec,Inc. @pot wit'^�,ri+{ Cat..{;1t2 a:{ritraf.r,4tr.y„.,t p summer.vyna@errtacinc.com Orion Power Systems A/V Equipment r'�snr r7,t 10% 10/0 Y P:904-739.7676 F:904739-7388 Summer Vyne ---_ ----. Emtec,Inc. O ,µtip,r'fv)'ttr)a r„;rrc M=ertxr;ru Imes, Zr3o/p 2rJ% Y summer.vyne0emteanc.com owl A/V Equipment 6 Jrc� , P:904739-7676 F:904739.7369 Summer Vyne Emtec,Inc. p ra £ Equipment _ eer0er_zry xr "3 'F 15% 15% Y summermyne@emtecinacom l Panasonic P:904739-7676 F:904-739-7390 Summer Vyne Emtec,Inc. t :.eiJ it-ept rac„?g, �„�,. p p summer.vyne@emtecinc.com Peerless' A/V Equipment „c cn_rrrnt ZQ/0 ZQ/0 Y -P:904739-7676 F:904739-7391 Summer Vyne Emtec.:Inc. r %x°s_.{labtt^ �rrriscin c x€_r rrvs rs.€° ! ° p summer.vyneQemtecinc.com Equipment §y+ Planar P� LLrancfnri 8% 8% Y P:904-739.7676 F:904739-7392 Summervyne Emtec,Inc. ......... -. A/V Equipment is ' `''p r *' 10% 10% Y summer.vyne@emteeine.00m IPolycorC €g7 P r srs r P:904739-7670 F:904739-7393 Summer Vyne ,Inc. m `einr cvrx r- ,urs=' p p summer,vyne@emtecinc,com EmtecI P°we nc.cs A/V Equipmenty trr.*Prr' 15% 15% Y P:904-739.7676 F 904-739-3 - - - _ Summer Vyne Emtec,Inc. -,3„r .e.0ji-8::c ca r.asourc?+ 10/0° 10%p Y summer.vyne@emtecine.com Premier Mounts AN Equipment r ry nnci3 1 P:904739-7676 904739.7395 - g iSummer Vyne Emtec,Inc. f sr r s `4$W e p summer.vyne@emiecinc.com 45c A/V Equipment 25/° 25/o Y eet,egrvr rr,r)• � P:904739-7676 _. - F:.904739-7396 ---- --- Summer Vyne Erntec,Inc. h �' c; ,t� t' m.s ' 035% summer.vyne@emlecinc,eom Rapid Run' 'IAN Equipment rt:�ro•a�r rsreat 35/0 Y P:904-739.7676 -_..� - F 904739-7397 hi �� f- 4:ererar ,c,;�;v;9,.;r Summer Vyne Emtec,Inc. L . �.in.�..r. cur^^.:st 8/°p summermyneaemm tecinc.co RDt AN Equipment Unes P -rtg; 8% Y P:904739-7676 F:904739-7398 'Summer Vyne f Emtec,Inc. ttts:,+aavtu nrv¢ascr-s ct.w-=,r .a€�r:aw^n p summar.vyne(c�emlecinc.com A/V Equipment -.... ........ ......�._.... 10% 1 Q/o Y Rev°tabs. ct^srte•t�€r..rrr?,1 P:904-739.7676 F:904739-7399 ” ---- ---- ;Summer Vyne - Emtec,Inc. W!; z"Um"M. I)ItK Sgt atEif *rcz oaw p o summermyne@emiecinc.com Samsung Display Division Equipment +mean J 5/0 5/o Y P:904-739-7676 -_.F; 739.404 ---- 'Summer Vyne Emtec,Inc. Equipment10%1Q/o y ilc r cin r r, r summer.vyne@emtecino.eom a ° 1Q/o Y Scala ,m l)ec -- 'P:904730.7676 § „„ F 904739 7491 -Summer Vyne Summer Vyne Emtec,Inc. is ae „o .,,41 j o p summer.vyne®emtecinc.eom Sharp '+qN Equipment ffla3�rirmmg7 5/0 $/0 Y P:9D4739.7676 F:904-739.-7402 - -Summer Vyne t Emtec,Inc_ fes: tsr ° summer.vyneQemteciarc-com Shure pN Equipment g ,ri, 15% 15/° Y P:904-739-7678 Page 120 of 736 Bid#15116-602MP(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation summer Vyne Emtec,Inc. m.;£w7 �socaruw' ° p summer.vyne�emtecnocom AIV Equipment nt.r a,gnn --'-"_ 15% -'3'/0 - Y P.904739-7676 annoy ___.... F:904739-7404 Summer Vyne Emtec,Inc. Equipment i*r :fv r escr #c summervyneg emtednc,wm TOA 15/ 15/ Y P:904739.7678 F:904739-7495 'Summer Vyne --- ---- - Emtec,Inc.. S/V Equipment `t`f" J;tv`v,vrst?;^sr ern ;, '. 5/ 5/ Y summer,Vyne@e mteeinc.ppm Toshiba P:904-739-7676 Summer Vyne Emtec,Ine- t s'+,rry €ntr i Cnr't 1 iatt.tr ° summermyne@emteclne.com Trip°hte A/V Equipment Vie¢c-rtnr..•rrttf - 10% 1 0/0 Y P:904-739-7676 -... v F:904739-7407 Emtec,Inc. A/VEquipment 10°/p 'Q% Y summer.vyneQemteranc.wm f addio m ru r P:904-739-7676 ; F:904739.7408 Summer Vyne ' Fmtec.Inc.. ¢¢ omrrrtnt„sn r rs 0 0 summermyne@emtecinc.com Viewsonic AIV Equipment m*r�r rr rl $/° /° N --P:904739.7676 F:904-739-7409 Emtec,Inc' Summer Vyne ;' ,tt a.,. _,rs summer.vyneQemtec nc.com willfarn10% 10% Y sSound IV Equipment IP:904-739.7676 _......_ ... '..F:904-739-7410 Summer Vyne Emtef,Inc. h �:€:netnrxv a r!t g'ira a�t^'�'�sya"t�cr ° summermyneaemlecine.com A/V Equipment 1{)/0 10% Y WOffviSiOn... Rz ero-isr z-r'o�' P:904.739-7676 F:904739-7451 Discounts are from currant Fist Steven Steinfeld Education Catalogs and Fisher Fisher Wvnoe Education i Science Products �n steven.steinfeld@thermo6sher.com Education Online portfolio. &Supplies $ P 567-889-3980 19%discount on Fisher Solent F 800-955-4763 Catalog and online portfolio.DI: hoz mat fee per order.See she ......................._.....__.M addifrona ,ggl; ifications ---... �ems.. Dismounts are from current Fish Fisher Science Education Steven Steinfeld Education Catalogs and Fisher Science Productsftlt.r z ._.r: Steven.stainfeld@thermofisher.com Education Online portfolio. - - 35% _ Y $0 P 563-8893980 19%discount on Fisher Scientil &Supplies -- F 806955-4763 Catalog and online portfolio.Di! haz mat fee per order.See aha ---- '-m W,----- ., J.additional SnecigWjjgng '! =Dismounts are from current Fish Steven Steinfeld ''Education Catalogs and fisher Science Products Product Hollist steven.stsinfeld@thermofisher.com .Education Online portfolio. Fishes Spence Education i&Supplies See attached 35% 35% Y $Q P 561-8893980 '19%discount on Fisher Seenllf F 840.955.4763 Catalog and online portfolio.Dir haz mat fee per order.See atter ,addition Flinn Srienca Catalog and Reference Customer Service Sciance Products '�2p/° 12% Y ffinn@f1imnscj.com Please see included Fhnn quote Flinn Scientific Inc Manual 8 Supplies - $Q ''P:80052-1261 exceptions to discount and Tree F:866.452.1436 ------------ For this bid,Follett is offering ar David&Julie Cole discount off our Titlewave price! Classroom ° thewlesallrep.com -discounts off publisher list price Follett Schpol.5alutions,Inc. �[i siva=. e resit-. 5%Addr� N/A t Y None iSupphes P: 866-2354460 trade,paperback,eB°oks,and I F: 813-425-9175 bucks,up to 30%for library bim -.- ."_ _ 40%for general referenw, -- Athletic ( Rob Dominica ---- ---- ---- - _..... ameTime. Equipment& r._�::r!Em,momr?:ri, 10% 10% N $5o lRobd0gametime.wm - - W P:800-432-0162 I Supplies Bid#15/16-672MP(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation Please reference bfd number Pricing not valid on promotion Shipping charges vary based 7 quantities. Shipping will be ac Brittany Garrett order as a separate line hem. 0 hgarrett@globalinduslrial.com charges such as inside deliver Iobal Equipment Company,Inc, Sites&Grounds tLa gobalind.kn:al,�Lom: 10% 1 Q/0 N N/A p: 678-969-6731 glove delivery,installation and F: 676-969 146 available for an add!anal fee. anticipated lead time for all pr, pre-paid and add unless other Mmimum order requirements i an the product and manufactu indicated on website. :Courtney Curds/Shannon Ouskie 5%off all apparel needs t:. �v-:E's a r' r.�a.cr'�- n[,rectx., i -shannon.duskle hanes.mm 10%off Warmups and Unifom MISSportswear Apparel _.W.�.�...�____:...._.._._ .._...?R 0 P PP 5-1 Q/o - Y $Q 85.95 Shipping an orders urtd( -P:890-335-4486 F:877-906-7033 Free Shipping on orders over; : Please see attachment regard Athletic Eric Keams discount program. Induding s t+ 0 0 biddept�henryschein.com handlingfor heavy equipment Henry Schein Sports Methane ,Equipment& tie'(z 2x.:1,,..y..i. 5:'81 1$/0 ( 18/0 Y $15Q P 800.851.0400 vy 'Supplies Also see information on exctus F:1166-738-0999 Tari Kavets Heritage Food Service Greup,Inc. Sites&Grounds qtr:r f an.9....°•.lt!�1 .2m 0-35% n/a Y N/A Contraetservices®hfse.com P:800-458-5593 F:800-800-0961 t, Safety Products __ ..James Dougherty Hill Manufacturing Company,Inc '&Supplies ''' ""'xr�11` 10% N $SQ 'imd441@hotmail.com P:893.4.17-9320 ___-- Mike Johnson All custom ramp components r Safety Products 0 wmmemial@ezacoess.com Fforrrecare Products L112"11f- s G;...s;� e��= - 35-57% Yes $Q returned:15%restocking fee c &Supplies `® IF: :807-877-6573 x1 products. 677-877671 mm, Kathy Michael,Presrdenl8 CEO KAMICO Instructional Media,Ir+cEducational 10% NA Y $Q kmiehael@kamico.com KAMICO offers free shipping o trr.4;r ic.,artt. Supplies P:254947-7283 There is no minimum order neo F:254947-7284 Please reference C7-781 on al Exclusions Appy-Ouraffer is r other sales offers,bids,quotes discounts. This offerrannotbr purchases of gift certificates.T Nick Evens not appy to outdoor playgroun. Classroom nevena ka lanco.com Ka Ian Ea Learning Comas v sm,ka,i cs.; 0 0 @ P parts.of apply to or services of P 9 "1 supplies — - 17/0 17/o Y $3QQ p;813 731-1917 does not appy to Ions,technoV '.I PCC F:336-293-1169 computers&accessories,curri assessments&screening mat( ECERS-R',"All About ITERSF development,Lego Products, Tot Tree(#96616),laminators. and ABC Mouse products. ony Chaidez -Educational0 0 .chaitlez(�Ilakeshoreleaming.eom Lakeshore Learning Materials Supplies "r`'"''" ' 5/a 5/0 Y $Q (877)421-5354 Please reference Bid 915116{ F:x310'.537-7990 - ,m.,.,,, ..9,,,,,,,,,,,,,,,,,,,,,,,, ,m... „. _.. Tony Chaidez Educational 0 a tchaldeztBlakashareleaming,com Lakeshore Learning Materials . :, _x&`.'s�.EF,iltr rw�°gig. 5/0 5/0 Y $Q Please reference Bid#151161''. ;Supplies , P:(800)421-5354 F:x310=637-7990 Page 122 of 736 Bid(f 15116.02MPiR21 The School Board of Charlotte County Catalog Discount Bid Tabulation Bryltnee Meyers Educational 0 suppart�leam'sngfarm.com Learning Farm,LLC '1@-vd}°4y le.3rt�;rrtam� Y:.i. s 5/3 NIA Y N/A None. ,Supplies P:888519.2181 4 Richard Emmons Magazine Subscription Service Educational ° s 'info@mssa-0.com ANY LOWER PRICES FROM =q' 30% Y $1.00 Agency Supplies -�` — Pr 800-368-7922 SOURCE WE WILL HONOR. F:80MIle-2009 Magid brand- Magid brand Magid Glove&Safety "a id,c,a,_ym 15/o,All other 15/o,All other Ian Qua@ Safety Products � iangvan®magidglova,rnm &supplies ."""' 1_-..�. Y $75 P:773-289-1382 NIA brands-10%a brands-10% F: 773-289-e382 Mike Koslowski "All orders over$50 Free Shipl MARTEK Supply Tonerflnk Toner Supplies 50% Y+ @50 mikek@martek-1,com unders under$50 Fedex Shipp _ W P:321-733-1020 Actual Retail price Discounts r. 1 !F:321-733-1090 %.Catalog Pricing is the Disco ---- ---- ---- 10.31%Air,Electrical,Diagnas utomative Parts Don Rybum a1sro Tools 'W-°"tY[E1�1 t+ Gt,'"^44:F. - 1 0-51% Y NSA don.rybum@matootools.com tcofools.com 30%10-51%T Hand Tools � '&Supplies 863E643131 30%Tool Carts 51%Tool Box Andrea Simmon Classroom rF^a, Ed�m,� 0 O bids@maxiaids.com Sea Sheet 1 for Shipping Chat axfAids,Inc. iSupplies 10/0 10/0 N $10 P,800,522-6294 Ext 312 Exceptions Document Exceptions-Gatorade,RX item Athletic Jermile Brooks Genysis,Gameready,Ice Macl 1 4kLl$ gdml '-' s,s-ir3=-s" 0 O rt :madcosalessupport@medcosupply.eom &AED's. Capital items may lm Medco Supply Co Equipment& 18/0 15% Y $o inside delivery or installalioneh s rB<€cs _ern P:800.558-3328 Supplies � F.8°0.222-t934 items may incur FAA hazard fe Shipping charge of$9.95 for all .� '9 Medical....... '.Bob Smith,Manager Medical Shop In Equipment and .an .r,-lt:ct isli Q%-20% Q%-20% Y N�A �medicaleshop.com ':Please refer Exhibit 92[Deviati� P:866-563-6812 Supplies F:860.838-4671 CR" CREDIT CARD PURCHASS ES: OVER$2000.00 PLEASE ADD Sarah CruzPROCESSING FEE- DISGOU Midwest Technology Prodi Supplies Ja +t,�rhrt�o t c,G 5% 5% Y $15Q,QQ scruzZmidwesttechnolagy.wm APPLY TO 3D PRINTERS,CN Supplies P:8048313934 PLASMA OR LASER CUTTER: F:800.285-7054 SHIPPING DOES NOT INCLUI DELIVERY OR TRUCK SHIPM TAIGA �Courney Criffiekl Must include the code CAT18 a Morris Painting Grout/ Classroom �+` - Yf 1ereYy F'[o-lnr�wr,f:Y9.xlq-, O s planner@schoolrnate.eom Dhoti Mate Supplies rrs: i: 10% NA N $70 '.P:800-518-8339 purchase orders for the discour ' IF:800-57G.1767 Please order subtotal. i1 rvx .Jxs�rY..ncrr Ea��Srta _.— ._ _ ease ie quos a Dave Johnson NASGO �, o Nasco pays ground shipping to Arts&Crafts ,Ypds tr rktr� yrun t,,;,, ° 5% quotes@enasco.com & 20/0 Y $50 except far live material("LM"I Supplies Y f;RetrYE Y s r km eatr9 OFl"Z"items P 8°0.558-9695 ext Ars&Crefts PP ^� -Y ; with a truck logo().Truck ship a.- F'nztt a r&s F 800372-1236 delivery. amine Y r Yam i §,: t 15/0 1 CJ/a Y $50 Dave Johnson Ready-or-Not l live mate and occas hCt tu.�+r„v er Y, mit n e at ria!coupon ca J Educational e ° p quotes@enasco,wm with an"NA"or'i prefix are Supplies P$00-558.9595 ext$539 A hazardous materiel surcharg Early Loemmg Yxr. t.f!`t W1s.:.•ss..r..t°'rr ttr'�t s ..9 F 800-372-1236 to gems with a black diamond 13,07,symboL NASCOh s ihuaysx enn as st rr¢ €,.r=€( Dave Johnson ........ Classroom w a€ litr,r« 15% 15% Y $5o qlenasco.c°m Elementary Education, Supplies 2'x�a,��srs ..�.dl."r[la �f§L�q.��..:�;lte1. -.P 800-5584595 ext 5539 �F 800-372.1236 t NASCO ----. IlR@,s f•n�cer a^rtxs nc ee'n �YYisI Dave Johnson Educational i T.s;kT�,: [ €t3rfpttt = sr ° o quotesdenasoD.com tf Supplies DLAA;m T'yoljyjr,1gr rs�y�;�.ou 15% 15% Y $�Q P B00.55&9595 ext 5539 ..=aBt rb s.W€ff'ai 1"•" - F 800372-1236 MASCO --- -- - --- Dave Johnson Science Products Pttiks tNw .kta.,w_.Ystvt o,vfntrar:tP p ° quoles�enaseo.com Science &Supplies a—vm ir:.hlml 15% 15% Y $50 P 800.558-99595 ext 5539 Please ref quote 0 28053 of F 800-3 - __...... Nasw pays ground shipping to Page 123 of 736 Bid#15/16-602MP(R2) The School Board of Charlotte County Catalog DISrount Bid Tabulation C Dave Johnson except for live material("LN Classroom rr[t; r 4 v'y x� t�1S x�_srP Je,t?' 5% 5% Y cont•quotesWnasco, with a track logo().Truck st Supplies r."cc ae'r<h n'r, $5Q IP 600-55W9595 ext 5539 delivery. partial Education n. _. .... ---- .. „... F$R0-372-1236 Ready-or-Not Tot®and aces Dave Johnson -_--- frogs,live material coupon Educational 1191- q"Psi„£.4 `ir ......:_..':Ji. 1 Q% Q% Y $5Q quotesaanasco.wm with an"NA°or"NZ"prefix al Agricultural Sciences Supplies gvy e_ ss. P 800-558-9595 ext 5539 Y A hazardous material surcha ,m.. .«,��.,p� h o 3fi to items with a black cliamoi Nkft " Educational ,;: Iry a;lai.uc at i 10% 10% Y quotes enesc°.cam Family&Consumer Sciences Supplies 3 1W :I(,f,l hffi $5Q P 800-558-9595 ext 5539 NAaCO -Dave Johnson ........ Educational hxw. na-ca ua W,r.asi c 11 100/ 10% Y $50 quotes@enasco.cum Hands-On-Health Supplies c s,iroh r=am. .n ° P 800-558-9595 ext 5539 F 800.372.1236 NASCO AthleticDave Johnson Equipment a 10/0 s, su*.artaja-e:nt€:u, ° 1 Q/°° Y $50 eo ,.,.quotes enasco. m r" Physical Education&Team Sports Supplies '`2hved ft ht-1P 800-558-9595 ext 5539 )F 800-372-1236 - -__-- Fre—,rda*d shipping tornrdersover$ united States-If orderia under ssoo,car merchandise mlal mr shippm&weh a m Sylvia Cantu who weiehtamllorMSafED1YN nd National Educationaf Systems Classroom ,� .. — . 1O% Y NIA syrviacantu@shopnes.eom .aria m as:hipping charges marapply.p Supplies P:800.231.4350 nfrmadon-Also,when mmk symbol is F:210.599.4674 Waal shlnpirg charge,will apply,please my Eakins National BdhaW Products Educational �r._n r;pi ftts Ir€,+, .t„nr're- 1 Q% Y $50 �amye@nationalschoolproducts.com Bid ITB 15116402MP must f Supplies esat s ''.P:800.627-9393 order F 800-289 3960..... Promotional f`,Are.+.cz g rv`,s,.r -;m Rob Lear Neff Motivation,Inc rte-"- „'t"n`ts" 5% 5% Y $5Q clear@neffco.com ProductsY;1£5?,_t36itn P:800-232.6333 - — mm„„„, 800.544.9030 — Writer �� Alex Gianaco tos lo New Precision Technology,U.C. p Office Supplies tz#I r'yvv e'r a-t- ° ° a i°neoo to usi-w d/b/a U51 Education&Government 9 P rp.com and Products �-r~ � l qtr"ay Ia-Lit(.''.. 1 r�.? 5/° 5/o Y NIA `P:806243-4565 No exceptions. Saves 4Nt`-}.t,amleL,ttf F:203-245-8695 Generally I 10p/p:Makeup 10%on Mike Collins,Technical Sales Manager ADD 10%Handing for Paint,S NoreostMika,conins@n"n`ostto.com effects Ifui9ds,muslin and drag w Atlanta Costume Apparel n,;rr,, sfs;[a.,<al1}. KITS expendables Y "Q P25 P:A04..874-7511 All orders must be placed with excluded and F:404-873.3524 and reference Quotation#204 accessories Fdon-CePmducts 41%or 41%Or Chris George 'Reil Auto Parts probids@oreillyauto.com r[rax([arc,�=a" Y None None better better P:477-829-5879 F: 800-925-0899 Greg Montgomery Please reference"QT97702-c Zs"S .F',.??ta, r 54,c wr['sYpt o ° mant oma asco.cem Orders to PABC,O scien5fic. PAsco�wsnt c2/0 2/o N $0 9 ryCpWMy Vs"ry,.;-s_rrs P:916-7863600 Please estimate 10%of order f F:916.7867565 char s -- Jessica Benbow -__-- ---- oRce Supplies _ q lossica.benbow@pelem2n.com Patamaa Industries,Inc: ,� rn reruss.cam. 35% Y $Q Please ref#1761516 on all pun and Products P:770.674.6000 ext 331 P:770-674-6001 ..»�,,,,.�„ ...... :. "Third-party freight(LTL)delivi 20% 2Q% Michael Anderson calculated at time of order bash .Medical Y With manderson ockemurse.00m weight and distance P°cketNurseF,r Equipment and 'tr,;,1'•;rLtdrsm�:aret.. d15COUnt dISCOUnt CoJP $0 Free freight s all parcel type,f Supplies Exceptions P:800-225-1600 Ext 371 ti -deliveries via standard UPS Gry from web from web F:800-793-0237 please sea Offer letter for dela ,specirm”ons. Gail Twomby Poria Phone.Company A/V EquipmentYrrttL,Flrt';is;2{t. 1Q% N None nnfo@portaphone.com P:806233-1113 'l IF;401-789-7300 Page 124 of 736 Bid#15/16-602MP[R2) The School Board of Charlotte County Catalog Discount Bid Tabulation ' All products well receive the 5cy items,new or future product ai catalogs or on-line.Minimum( See Luke Marchese shown m catalogs or on-line w Promotional Standard shipping, If express 0 bids(�positivepromolions.com Positive Promotions,Inc. - ;+r..w.d.; a'€vu€€:urrl:solc-,rta.e,€vi rj/0 N�14 Y Exception -shipments are requested,the I Products p P:877-258-1225 'associated with these shipmer g F.877.258.1228 'Discount or FREE Standard sl combined with any other prom :discounted pricing,sale pricing -2Do/q -.Ted Brase PPG Architectural Finishes,Inc. Sites&Grounds 0 brasegppg-con r.`II- supplies 40% Paint Yes Na Min P:941-36S-2322 discount refers to our List Prn .R ,.n............... ,,,.,,..r.*,,.*,,.�. ___ F:941-927-1404 ',Larry Miller "FREE SHIPPING FOR ORDE Classroom giddePI@PyremidsP.com OR MORE,SUPPLIES ONLY. Pyramid School vroduct5 10 10 '.Supplies I $95 P:800-792-2844 FURNITURE 8 EQUIPMENT I �F:83-621-7688 FACTORY," ILarry Millar R"PLEASE V1SIT N1NNv,PYR.4 Pyramid School Products AIV Equipment ; '"..-:j,c '20tl/o LQo�p Y biddeptOpyramidsp-Com !CLICK ON THE CALIFONE C/ .. $9�j P:800-7924644 LOCATED AT THE BOTTOMAND h j' F:83.621-7688 '.PAGE,FOR ITEMS AND PRE '..PRICES.^ La Miller PLEASE VISIT VNMN.PYRA Athletic nY CLICK ON THE CHAMPION C Pyramid 5e6tioalProducts Equipment& „... r,,..,}:"'. 20a/o 20tl/o Y $95 P1d800-7�92y2644 rarnidsp.com LOCATED AT THE BOTTOM SuppliesIF:83.821-7888 PAGE,FOR ITEMS AND PRE. PRICES.- Jennifer RIG ."Jennifer Ellsworth ---- Quill Corporation Office Supplies0 a jennifer.ellsworth@quill,com and Products = 5-25% 10% Y None P:$00-789-7020 Ex11442 "See Attachments;**See Deliv F 688-888-8250 Shipping retest up to$35,00= Susan Hayes $149.99=$7.95;$150.00+=1 Promotional 0 shayesaraymondgeddes-com key code will be provided for Raymond Geddes&Co..Me Products Ye,'kexU q,r;na cq'm 10% P:800-533-6273 x 1141 Discount does not appy to bar .F:800-533-3359 imprinted Hems or school suppl -- Prices do not include shipping i -- charges, Prices are as stated i website with shipping and hand -- added to the subtotal of each of Jaime Markham charges are calculated by the p Classroom markham real! oodstuff.00m 3item amount.See enclosed°Sh Reay Goad Shari bv;°rr �Ir ta3....Pu9ti-,ni-r 3a/0 3o/a NO �i{� I Y9tlo[umenS for reference. Supplies P. 800.366-1920 ddd F:203-268-8120 -,Regular Shipping and Handling -$0.01 to$49.99=$8.95 $50-$99,99=$10,95 $100.00 and up 14%of order al 'Shipping rates are subject to e 5%Catalog elttouM applies to all Purple L'. Sidellneand ConiWif—tyle,0ewrated Ch r Bderea1d Warmupain the 2=75rh Athletic 4.z k D 7 Ptup ie MariMTrainum 2ouPurp4UbdAn:tui—khcok.oiew, Rebel Athletic Equipment& a,ml All f r,f..��,.,r:. 10% Yx N/A ma riel&mbelathletic.com maw siwer label unit—,promononary Supplies wA.an1 tti 0MnPka:1.at7;ya P:727-3658467 IWmp/Praodoe wear,Sohn godyll—,sho, ,gags.5%discount--he used In wntu, I;addltional discount packages.ony ane cis t hipping applies only to those Items okgim iscount. .K Faye Najar Outdoor -i-� '{x+� 'L" -- � S .L Free delivery does not include ti: Recycled Plastic Factory `> ,, 7e ri i}_, 4 7 ref- 0 majar@recydeciplasticfadory,com Y ry �k a fu_,ht_..._ ��'___ O_ 25/o Y $50 '.Many items will necessitate fork Furnishings i — P:941-4731816 " 941-473-0131 offloading, ;Stephen Grilfy Richey Athletics rI`"' ' `1-1'1r1 i '€'-`="" '�'� 10% N °eresa@RicheyAthletics.00m $0 P7185-249.2428 F 765249-3010 Page 125 of 736 Bid#15/36-602MP(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation Athletic Nathan Yamouse ---.. Shipping Charges will be prep tF�±t.r,Cc°n h.It3.lE,rplcr"Fcce€,...=..t2Lxr�rla G""r' ygersathletC.com customer invoice. CustomersRogers Athletic Company FgWpment& 5% N pD P:800-24M270 accurate shipping charges on Supplies R F:888.549.9559 basis. 16%is off the list price.Piease this discount wig appy to the t the time of order placement-TI cannot be combined with sale promotions,quantity breaks,c Internet specials,S&S Worfd� Erin Hemmingway provide installations,assembh '. 5&S Worldwide Promotional cam 16% N' bids@ss .ccm debris.The District will be eligi ,g tra•. Products — �� ww P:800642-7354 standard ground shipping an s F:800-432-2842 reference bid 415116-602MP s correspondence in order to rer pricing.`Items labeled FOBIDr available for free freight"are n shipping.Freight charges for 0 eligible for free shipping will hs charges prepaid and added to Medical Shawniese-Brown School Health Ccrocratian Equipment and * >,�.. _.�-,. 13% 13% Y $a bids@schoolhealth.cam Some exclusion appy,Please P:866-32&5465 letter. Supplies F:800.2351305 SOME ITEMS ARE EXLUDEC DISCOUNT:NICKIETRAININ PRESTAN TRAINING MANIKI TREATMENT TABLES,OFFI( BARJAN CURTAINS,REFRIG 'Medical 2 0 1 a , 2 Jeff Giesel PANEL SCREENS,VISION At School Nurse Supply,Inc. Equipment and rf l -: � � 's' 8% 8% Y w5d sigiasel@schoolnumesuppiyinawm EQUIPMENT OVER 81000.00 'Supplies ^r " P:800485-2737 CONTACT JEFF GIESEL FOP F:800485-2738 EXCLUDED ITEMS LMTH POI DISCOUNTS EQUAL OR GRE THE STANDARD CATALOG E PLEASE REFERENCE"BID# ON ALL PURCHASE ORDER£ Shipping vvill be added to each separate line item and v✓ill vary manufacturer. Inside delivery, installation,assembly,and rem services are available for an ad IJason Rapp Delivery times may vary by item Classroom ° ° contracts@schooloulfilters.com manufacturer and all items will choal Outfitters avars�s;Pc n°!vaaff'i+�" 2% 2% N NA the manufacturer.Some nems Supplies `"'-"' P:800.260-2776 F,800494.1036 order and their delivery time wit communicated at the time of or are being offered off of our aim prices on our website: www.school*utritters.com. Voli are available-call for a qutoel email or chat to receive your cc -_. .......uuu�a n»,a�.�aaa,��a,,:,uuuu.�.,,,.,.,M.�,..,.nw.:� - -. - 1Mark Troutman Electronics and rr�k; 3 ,; ,�:j11 t1; I"'1=. 0 'mtroutma7.89D5 tteledricusa.com Scott Electric Electronics .a„ '... i -4' a/O N/A Y P:855728 8899 None Supplies F:877-83 7�88D6 Musical r Paula Leshkevich ---- ° p poulal@sharmusic.cam Discount does not apply to She Sher Products Company Instruments& cru r,I:-,trrr:�ssc cc,Lq 10% 10% Y $50 racks,Manhasset stand cart,TI P.866-742 7281 Supplies F.8 items,ortrade in or blemished 1 _.. 0.997$ Page 126 of 736 BEd#15/16-602MP(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation " -- Tani Cascina J140 iy L't`Pfodu51 t°tt'1a:Vii` 50% NSA Y Q tonicasdno�southemlock.com Southern Lock&SupplyInc.Ina Sites&Grounds Vcluar e it" $50 P:800-282-2837 axt.1154 .Freight will be charged on all d R P 727-546.7340 Musical Jeff Phipps_ Up to 60%off all items an the i duct Pro education steveweismusiawm other Nems available, Teacher Steve Weiss Muslc,Inc, :Instruments& wve&e slcsay",mime=c..:rr Up t0 60% Up t0 60% specific $Q P:8888 P Supplies 59-3477 quote requests to �F:877-582-2494 educationt-stevewefssmusiac Brooks Robb Swartz Associates, s.Inc, Playground a to r "s*,m5 6% 10% N $250 iRobbQparkplayusa.com No Exceptions. Ilion Play$ystams Equipment � „J ,;�' u to$499 $500+ P IP:239-507-9500 Swartz Ass�eateS,Inc, Outdoor ° Robb Brooks EXCEPTION: Florida Building ' '�'�x�r l MCCRET3 NIA 5/° N require an undetermined addit! American* Furnishings li I r nc F, $500 RobbQparkplayusa.com ,- $500+ materials to meet windload reu P 234597-9500 resulti.nq in a.h'.her tet Price.- thletic 6% o Robb Brooks I Swartz Associates,Inc. Equipment 8 mvx.athlafic g&Prices 8�a N $250 Robb@parkplayusa.com No Exceptions. Athletic Connection supplies .Online Catalog&Prices up to$499 $500+ P:239.597-9500 Swartz Assoc^alas.Inc. Outdoor www.bluevalleyind.com Rabb Brooks Blue Valley Industries Furnishings Catalog PDF-Prices PDF NIA 600 N $250 Robb*parkplayusa.com No Exceptions, P:239-597-9500 Swartz Assgpates.Inc Playground ,courartmulch,com 5% 10% Robb Brooks ucts Equipment Catalog PDF-Prices PDF N $250 Robb@p 7-95 yusa.cam No Exceptions. Cowad Mulch Prod _ up to$499 $500+ �P.239597-9500 Swartz AssoclatsS,Inc. Playground www.Gtildiomis.cam 5% 6% Robb Brooks Childtorms Equipment Onhna Catalog-Prices PDF - up to$499 $500+ N $250 RaCb�parkplayusa.com No Exceptions. P:239-597-9500 Swartz Arsaciates. Robb Brooks inc Playground www.dynacushion.cam 5°gyp 800 by tori ..mmrcetor+:Ruhder N $2550 Robb@parkplayusa.wm No Exceptions. Products Equipment Catalog PDF-Prices PDF up to$499 $500+ P:239597-9500 Swartz Rssaraatas,ln,.c Forestry Outdoor www.gomulch.com 5°gyp ,10% Robb Brooks Reso" Furnishings Catalog PDF-Prices PDF up to$499 $500+ N $250 P:239-597-9500 Robb9No Exceptions. 500 O 0 Robb Brooks Swartz Furnishings! JaY .Outdoor www.frogfumishings.com-Pri es P 5% $�° N $2CJQ Robb@patkplayusa.com No Exceptions. Frog i^umishings r Jayhawic Plastics Furnishings Online Catalog-Prices PDF up to$499 $500+ -P.239-597-9500 Swartz Atrsociates,Ifs wmr.hentlersonplay.wm 5% 6°�a ,Robb Brooks -Sites&Grounds N $250 Robb@parkplayuEa.com No Exceptions. Henderson Recreation 'Online Catalog-Prices PDF up to$499 j $500+ P.239597-9500 Swartz Assmates Ina Playgrounds www.intemationalmulch.com 6% Robb Brooks intemall"al.Mrdch Go. Equipment Online Catalog-Prices PDF N✓`A N I $25'50 Rabb&parkplayusa.com No Exceptions. $500+ IP':239.5973500 Swartz Associates.Inc. ... .laypro.com ... _5% 6%_.. -.-. Robb Brooks Sites B Grounds t N $`2550 Robb@parkplayusa.com No Exceptions. Jaypro Onhne Gatalog&Prices u to$499 $600+ P P:09-597-9500 Rabb Brooks Swartz Ass mtas Inc. - www.kaypark.com 5% 6% ---- ---- Oy lark Sites&Grounds Online Catalog&Prices N $250 Robb@parkplayusa.com No Exceptions. u to$499 $500+ P:239-597-9500 _6a�0 _. Robb Brooks Swartz Associates Inc. i Playground www.milorcasual.com 12% N $2f `L 50 Robb@parkplayusa.com No Exceptions. Wl.v Casual Equipment Catalog PDF-Prices PDF up to$499 1, $500+ 'P:239-597-9500 Swartz Assordates,Inc. .._ www.mytoaat.com.... 6% S% -Robb Brooks Mighty Coal Online Catalog-Prices PDF ----. --_ --.... Sites&Grounds N $`2550 -Robb@parkplayusa.com No Exceptions....: up to$499 $500+..... P:239-597-9500 Swartz Associates,Inc. Athletic ._ www.blaachars.nat.. 5% 6% Robb Brooks.. --_ .... ......... National Recreation Systems Equipment& .Online Calalog-Prices PDF N $250 Robb@parkplayuse.00m No Exceptions. '.Supplies up to$499 $500+ P:239-597-9500 Wertz Associates Inc. Playground w .parkplausa.com Sa� Robb Brooks !teScapes Equipment '',Online Catalog&Prices N/A _ $5% L N $2550 Robb@parkplayusa.com No Exceptions. quipnt I P:239597-9500 --- Wertz Associates!ria Outdoor www.sponsplayinaeom 5% 6% Roe'b Brooks portsPlay Furnishings Online Catalog-Prices PDF up to$499 ! $500+ N $250 Rab 3M97-playusa.com NO Exceptions. P:239.597-9500 Swartz Associates,Inc. -t ---. 5% .......° Robb Brooks outdoor srpcompanents.00m 6�° $ Robb rk p Superior Roc,Products ComponantS N 2550 playusa.com Na Exceptions. Childworks' Furnishings rInline e Catalog 8 Prices up to$499 $500+ 'P.239-597.9500 e �• -.,^.a„„�� a,,....�.�..„,,.,-.� .._ Robb Brooks EXCEPTION: Florida Building C Swartz Associates.Ina Outdoor .s shsde.com a Bid#15/16-602MP(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation EXCEPTION Sii$hehen On j o/a ® Robb Brooks Building Codes may require ar Swartz Associates.Inc Playground webcoatwm 1p rials Superior Site Amenities l Webcoall Equipment Online Catalog-PDF Prices $25Q Rabb�park9500 sa.com winadddl ad reuiremenamount t,resultm! up to$499 6544+ P:239-597.9504 windload reuirements,rasul§ink MAM Swartz Associates.Inc. Playground vww.ultrapiny.wm 6`4 Robb Brooks U9ra-play_.... iEqu(pment Online Catalog-Online Prices NIA 4 N $25Q Robb0parkplayusa.00m No Exceptions. $540+ P:239-597-9500 _ Swartz Associates.Inc. Outdoor ,parkplayusa.cam 5% 6% Robb Brooks Uhra-Site Furnishings inline Catalog&Prices x N $250 Robbt-parkplayuse.wm No Exceptions. 3 up to$499 $500+ . . . . . 0:239-597-9540 Brooks EXCEPTION: Florida Building Swartz Associates.Inc. Outdoor www.shadeandshelters.com 5% require an undetermined additi Ultra-Shadai Furnlshhi Online Catalog-POP Prices NIA $544+ N $5QQ lRobb Robb@parkpisyusa.com materials to meet vAndload ret. P:239-597-9540 PBSu tlm8%IaP�ISI�'4n ,g ® Robb Brooks EXCEPTION: Florida Building Swartz Associates Inc. utdoor www.shadeandshehers.com 5/4 require an undetermined additi NIA N $500 Robb@parkplayusa.com -59 kplayusa.com UliraShelter :Furnishings Online Catalog-PDF Prices $504+ � materials to meet vrindload feu P:239-597-850D resulting,in a h4her list ce... ........_ _.. _. ____. _ n .. Swartz Associates,Inc utdoor wvrw.watatum 55%ishings.eom 5 Robb Brooks l4 N $ZrJQ Rabb@parkplayusa.com No Exceptions. Vista Site Furnishings Fumishings Online Catalog-PDF Prices up ky$499 $500+ j P:239-597-9540 xgmss.comisynthetirrturf• Swartz Associates,Inc. wmmerd Vrubber-suricang-for- 10% Rabb Brooks X-GRASS Surfacing ''Sites&Grounds Comma ndsfnrbbat NIA N 25Q Rabb�parkplayusa.eom No Excepfions. $500+ P 239.597-9500 Online Celalo -PDP Prices; Mary McKinney For Additional discounts or scr Musical request of items to: marvatay 0 0 mary(M72-rmuslt.com No free shipping on cases or h Taybi Music Instruments S. ��tF��,le�l� .1�.>itr,..,`�r,;.. 5fa 5 t0 6Q fa Y NIA PP 9 Supplies P. 72 2263 (Sherrard,Jarvis or Directors€ F:6fl5-225-2059 podiums). Denise Lessard (Please reference Charlotte Ca TeWs°tons,lnc. E [c €:irtn P i:I p7f,,,f?..�tt�tr.;Ygr.. 10% 10% N $Q dernse.lessand@tekvisions.com 15116302MP(R2)on air order=_ t-"IA19 r W P:727-509-3351 Freight is FOB Destination.Re F:679-730-1739 Price List for Shipping Estimate 25°/6 Dff 25°!a Off Shayla Hiu25%off MSRP including FREE The Library Store 'hely,'�` Iq't"'t�`t"`ct''t� Yes SQ.QQ distrietbids@theribrarystore.com our Full line MSRP Catalog wO SRP P P:800-549-7204x7235 purchase. ____ 6 cur Spade POB Destination v��,w,vrs I i rn, 4 $r� ,bids@masterteacher.com Please referto shipping chart. The Mast@r Teacher i_,n:5; 5�4 rife N CPQ P;8OM69-9633 PP 9 F:800-669-9132 Mus(reference#CCPS on OR -- - DeAnn Spade FOB Destination Promotional a m bids@masterteacher.co The Master Teacher 2416 Awards SIO fila N $Q IP:B44�65&9633 Please refer to shipping chert. Products Must reference#CCPon all, � 840359-9132 �--.- D... � epnn Spade— _-- Educational o gidsCmasterteadner.com FOB a refer-to anon 'the Master Teacher Supplies 2496 Special Education 5 fa fila N $Q P:804-659.9633 Please referto shipping dtart. '4 Must reference#CCPS on all i F:904669.19 32 DeAnn Spade FOB Destination Educational - 4 bidsgmasterteaeher.eom The Masser Teacher Supplies 2016 Fell Professional Development 5 f0 nIa N $Q P:800369-9633 Please refer to shipping chart. F:804669-913 Must reference*CCPS an all ___-- DeAnn Spade FOB Destination Educational bids@masterfeerher.com The Master Teacher 2415 Professional Development 15% 1'lIa N $® P:806.669,9633 Please refer to shipping chart.!all iSupplies Mus!reference#CCPS onnak 840.669-1132 ...,.�,,..... .. ,�,.�: .. .............. ppb Athletic Adam Gill 'Discount does nota to On The Prophet Corporation 1 Q4�o* 1 Q®!ro* Y** Q adamg4l@gophersport.com (OFG)items ..:Gopher Sport Equipment& r{e 11 FO.ti.-.qtr. -a.: P:855-5442745 -Free shipping does not apply Supplies F:888-399-7452 items. Athletle Adam Gill "Disoount does not apply to On xProphetfarporatan 4 * 4 * *t adamgillr@gophemport.com (OFG}items GopProher petCororamance Equipment& YV„t/r;��,5+;;,zf ,.a.=�vmtz�v.-.c-vs�e 1Q`® 10% Y Q P:655540.2745 !°'Free shipping does not apply Supplies F:8W319-7452 its".. Adam Gill The Prophet Corporation 'OutdoorQaf4 ®®!® N Q adamgill(agophersport-corn Moving Minds Furnishings ^a4er ICYettS"f" P:855.540.2745 Page 128 of 736 aid#15/16-602MPiR2I The School Board of Charlotte County Catalog Discount aid Tabulation - --- �� Adam Gill '•Discount does nal-apply to 0i Y The Prophet Corporation Playground 0 * a * ** 0 adaregill®gopherspari.com {OFG}items xy.n_ 5 10/0 Play with a Purpose Equipment 10/o P:855-500-2745 _•`Erse shipping does not apply F:88&319-7452 ' Athletic Dennis Metzger Shipping charges:Add 16%($ Toledo Physical Education Supply Equipment& env,±t.'b c,^>rSPisr;�,±gn. t 1 Q n �/a -d melzger�tpesonline.mm under$150.Free if over$i50. IP:800.225-7749 that start with OS-or FT-.Add Supplies ( F:800489-6256 items and actual for FT-items. I Terry Perkins Top Line Recreation,Inca Playground °14r, $(,;€�vyrn,L,jji y,�; am r as s'c.€.st. a a tenyp0oplinerec.eom BCI-Burke ', Equipment .-`.ala s 7% 7/0 N NIA P:386-5758359 Does net include freight F:888-909-0549 ' Tarry Perkins Yep Line Recreation,Inc. utdoor5/0 0 5/o o Y terrypStoplineree.com Inc. r. .I n NIA Shade Systems 'Furnishings -`�c_trt. P:386-5755359 888 iP: -909-0549 z .- ...... �Tenyw"Perkins --- --- Tap Line Recreation,Inca Outdoor a /0 a N NIA fterryp@topMsrsc com Americana Building Products Furnishings " `"d'' t 5/0 rJ P:386-$7"359 Does not include freight - F:888-909-0549 'Terry Perkins op Line Recreation,IncOutdoor a p tenyp0toplinerec.mm `fin`:s s r`C 5/0 5/0 N NIA Does not include frei ht MVTCoat i Furnishings P:3B6575-8359 g F:888-909-0549 Terry Perkins op Line Recreation,Inca Outdoor .�tenyp@topiinerec.mm u# 5% 5% N NIA Does not indude freight Frog Furnishings 'Furnishings ®® � P:386.8758359 F:888-909-0549 '. Terry Perkins op IMP Recreation,Inc,: Outdoor o 0 fenyp®toplinerec.com .cry 1I 5/0 5/o N NIA Does not include freight atterson-Williams- ';FumishingsP:386-5758359 --1--,,,,,,.ra.....,,w,w.®... !F:888-9030549 thletic I eny Perkins Top Line Recreation,Inc. Equipment& ':§ 1=:r ° €" ;€ 5% 5% N NIA `,. :386-57543 reamm Does not include freight PW Athletic Mfg.Co. upplies P:386575-8359 Athletic 3 Terry Perkins Top Line Recreation,Inc. Equipment& an. �.r�.rr f o 0 lerryp@toplinerec.com t €m., ..t1 5/0 5/o N NIA Does not include freight G,rred P:386-575-8359 , — i„Supplies F:88&909-0549 i Terry Perkins Top,Line Recreation,Inc.' :Outdoor en 3r t yis.4, fy; 5% 5% �� N NIA terrypQtoplinereamm Does not include freight Douglas -Furnishings ""`'' 'P:386575-8359 ---_ ...........:.'...M.:� „non F,888-949-0549 Terry Perkins - --- Top Line Recreation,Inc. it Playground a a erryp@toplineree.com No Fault Equipment ^-rtcf;.rwit.rz�rr, 5/0 5/o N NIA P:386-575.8359 Does not include freight F:888.909.0549 ' Terry Perkins Top Line Recreation,Inc. p a lerryp@toplinerec.com Sites ffi Grounds q.t»r-sprrsu(,4a m 5/0 5/0 N NIA -Does not include freight oMulth ,...'...' ..�.._. P:386.575.8359 - F:888-909-0549 Terry Perkins Tap Line Recreation,4,c.:. a a tenyp0topimereamm Cowart Mulch Sites&Grounds =53: iw t.yi(g_�;p,C} 5% 5% N NIA P:3865758359 Does not include freight -_. -....... -. �,..., F:888-809.0549 -Terry Perkins Top Line Recreation,Inc, p a terryp@toplinerec.com Foreve+Lawr, Sites&Grounds ,vw :;r Ina>,.:a,�rz, rJ/0 5% N NIA �P:386575-8359 Does not indude freight IF:888-90941549 Lon Paterson Please contact your Local Amor Electronics and a p * Ion.peterson@"x.00m Ian Weingold for additional disc roxeil Communications,Inc. a€.r3.r -^;•E t "x :<. 5% 5/o Y $O Minimum Discount oft List Prion: Supplies P:800-352-7912 Ext 6fi05 F:994.293.2011 *Shipping Note:Please see alta j� Statement Terty Chandlera United Data Technola les,Inc. Computer r �,t ss taw.",;p. ,x :'- 0 0 * teny.chandi r0tidtonline,com g 5% 35% Y $25 'Plus freight>5D lbs or oversize Supplies .....?...eax: P:407.830.1029 :F:305-882-0436 Page 129 of 736 Bid#1S/16-6ozMP(R2) The School Board of Charlotte County Catalog Discount Bid Tabulation United Data Techhologies,Inc. (Computer .r t„,k; Iv'," u."lt+ `�`[ Terry Chandler _ _Q)' 'IPPS'AK 10a/0 �5a/0 *Y .p25 terry.cJiandler®udtonline.cam 'Plus freigh1�591bs or oversi AvefMedia Supplies P:407-630.7029 F:305882-043fi Terry Chandler Uniked Data Technologies,Inc. Computer n 0 r terry.chandler@udlonline.com Boxi-ight-LabDisc Supplies ht '.= vtav '"'' F14's.ur9r? 25/0 25/o Y $25 P:407-030.1029 'Plus freight>50 lbs or overa :F:305.882-0436 Terry Chandler United Data Technologies,Inc Computer `te chandie udtonane.wm hf:tai?tom=at+P:cxl•rzlir..t:7r t •45jd/0 4rJ% �`Y $2 CJ - �� [Plus freight>SOlbs aroversi 8oxlight-Mimio Supplies P;407-630-1029 _. ._..._ F:305-882-0436 30%except 30%except Terry Chandler UnAed Data Technologies,Inc. Computer * terry.chandler*udtonline.com - :!'•- t Isar'€sra-i,,�r>=. Where noted where noted Y $25 P: freighl>50 lbs or overei: IearTouch .Supplies - P:407-830.W29 10% 10% F:305-882-0436 Terry Chandler United Data Technologies,lnc, Computer ¢ to ehandle udtonline,com 141aker0at 3D Printing (Supplies ri`s_fo r�m�ky r'ye„Tarry{ 0% 10a/a "Y $25 P: 7-830-1 r0229 'Plus freight>50 lbs or aversi: 4 F:305882-0436 $256.50 )Terry Chandler United Data Technologies,Inc. Computer r stcz r}flr} -1,-.rilirt er'€afi-.f=,irt3'�sa,•� 0 lony.chandler@udtDniina.com Servics Supplies °r�s"^=:a 100% 10/o Y (3hr Min for,P:407-830.1029 NIA AV SVCS) ',F:305.862.0436 L?L'- •a�b�_.crr�r rJ`-r 0 0 Cecalia Patrolia Versify Silsrd Fashwns Apparel 10/a 10/0 Y $0 oebids@varsily.com -„ r:er-3c�rrt Fe h.an-i"i P:800533.8022 t -u.......... All items designated with a ist I C nr fI Mark Tringali 9'(i.e$xx.09,$5.49,$12.89,e R International LLC,dha Ward's rFurnishKngs ucts v,+t xa 1 P6 C�l,�gp;aytlr°:„ p Q0 merk,tringali@vwr.wm eligible for the dismount."9"enc Ianca 'fv^'r't, ;,tea cc i 15% 15/0 Y �P P:800.952-2660 ship l list price, count.Orders less th a T rxt sa4kl ..„r (F:SOOb3S8g39 be subject to a$7.00 handling t_-- Mark Trill shipping on orders over$100.0 WR IntemationaLLLC,dba Sangert ucts d 0 mark.MngaBwwr.com excludes overnight,live materiF i - 33/a 33/a Y Welst. Supplies s 0 P:900-962-2860 that ship motor height.Hazards F:600-6355439 be c�.han admon��„7.flat tee of,$',. _-- Jack Dzoba a jkdzobaQgmail.com ':Ne free shipping•freight charge Wabash Valley Manufacturing,Inc. — 5/0 N �P0 P:561-0032047 with products. _ F:772-872-7307 John Przyaaake Washington Music Center Musical Washington Music Center 2015.2016 a N/A YES $75 for free bidsachucklevins.com Instruments& 25/o Supplies ,Band and Orchestra Accessory freight P:301-946-0808 - „„„„„„„ 301-948.0487 Gameplan materials and Weng Musical Beth Villhauer exduded from the discount.Fre West Music Company Instruments& haf_tr�acar �r, 5% 5% Y $o bids@wesimusio.com mom except a items g ra es can b s _ 'P:800397-9378 Oversize shipping rates mon be Supplies 'F:888.470.3942 litems at vnvw.westmsulc.wm,I -,reference Bid#15.16.602MP o Wolfgang Walther Wood Etc.Co. Classroom ki li C_r 11 �V y x�f ��,a, 30% N $0 maflQvroodetcco.wm Please Ref.#602MP(R2)on all Supplies P:972-2551935 F: 972-255-8128 _ Wolfgang Wa6her Classroom frtllfdlJ.`,a.,,"�.alfy.. .,.. a mail�woedetcco.cont Wood Etc.Co. 30/0 N $0 Please Ret.#sazMP(Rz)an all 'i Supplies w�=n r.®� !aw �.".vrn ,p:972-255-7935 F:972-255-8128 Wolfgang Walther Classroom ='/. N mail@woodeiow.comood Etc.Co. ,_i&-mj—s�Jg- $0 Please Ref,#602MP(R2}an all Supplies ,P:972-255-1935 __..... IE_972-2558128 Page 130 of 736 Bid#15/16.602MP(R2( The School Hoard of Charlotte County Catalog Discount Bid Tabulation lassroom w 0 mailamodetoco. m Wood Etc.Co. s ;)€;t�;� rx,e,. aTcSt; e;: J/0 N $Q Please Ref.#802MP(R2)on e i5upplies P:972.255.7935 f ......- F: 972-255-8128 f _ - WolfgangWaRher ---- oodEtaCo. classroom C �rmil@�detcw.com detcw.com Supplies ` )P,N"'O Fp wws"¢t,, ..,.,.':.� 155% N .PO P:972-255.1935 Please Ref.#602MP(R2)on s .' F: 972-255-81.28. Page 131 of 736 6.G. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Accept Surtax Capital Project Status Report for second quarter of FY 2018- January thru March 2018 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 quarterly status reports to the City Commission and the public in general. Staff has captured all projects funded by surtax dollars. The format is simple and provides an overview of staff implementation actions. Thru March 2018 the City has awarded approximately $888,000 worth of work from the surtax funds. The majority of this has been for street paving, striping and sidewalks for approximately $514,000. 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? No Grant Amount: Page 132 of 736 ATTACHMENTS: Type Description D Attachment Surtax Status 2nd Qtr 2018 Page 133 of 736 CITY OF BOYNTON BEACH FY 2017-18 ADOPTED CIP BUDGET GOVERNMENT SURTAX FUNDS Account Number Project FY 2017/18 FY 2017/18 FY 2017/18 Comments Fund-Location- PROJECT NAME Adopted Awarded Paid Exp Number 303-4103-580.63-1 GG1801 Boynton Beach Blvd Extension-Landscaping&Irrigati 40,000 303-4103-580.63-1 GG1802 Boynton Beach Blvd(East of Fed.Hwy)-Planters Box 1 75,000 303-4107-573.62.01 GG1804 Children's Museum-Painting Exterior&Soffit Repair 35,000 Working on City Painting Bid 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 Working on City wide Bid 303-4130-580.62-03 GG1822 Head Start Center-Seal coat parking lot ADA 4,000 Working on City wide Bid 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 Working on City Painting Bid 303-4116-580.62-01 GG1835 Public Works Compound-Sealcoat parking lot 9,000 Working on City wide Bid 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 painti 50,000 Working on City Painting Bid 303-4116-580.62-03 GG1840 Public Works Compound-ADA* 25,863 303-4116-580.62-0 GG1841 Public Works Compound-Drainage 20,000 303-4116-580.62-0 GG1842 Public Works Compound-Planning&Design 100,000 Pending Gen Consulting Award 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 Replace 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 22,100 303-4128-522.64-1 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 HVAC PROJECTS $ 221,750 $ 22,100 $ 303-4101-580.64-1 RP1801 Pence Park-Paint Roof of Bathroom Blgd 1 5,500 Working on City Painting Bid 303-4101-580.64-1 RP1802 Oceanfront Park-paint-roof Pavilions,Bathrooms,Life 1 5,500 Working on City Painting Bid 303-4101-580.64-1 RP1803 Boynton Lakes Park-Repaint Roof Pavilion 1 3,500 Working on City Painting Bid TOTAL GOVERNMENT ROOFING PROJECTS 1 $ 14,500 $ $ 303-4234-572.62-01 RP1805 Barton Park-Replace Monument Sign&Paint Restrooir 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 3,700 303-4238-572.62-0 RP1807 Bicentennial(Dewey)Park-ADA* 2,558 303-4236-572.64-0 RP1808 Boynton Lakes Park-Parking Lot Seal Coat 5,000 Working on City wide Bid 303-4236-572.64-Oz RP1809 Boynton Lakes Park-Park Furnishing 15,000 Agenda item for Benches 4/17 303-4236-572.64-Oz RP1810 Boynton Lakes Park-Playground Equipment&Gazebo 75,000 303-4236-572.64-0 RP1811 Boynton Lakes Park-Playground Equip&Gazebo Paint 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 Working on City Painting Bid 303-4113-572.63-01 RP 1814 Carolyn Sims Center-Paint Pavilion and table 10,000 Working on City Painting Bid 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* 3,756 303-4209-572.64-02 RP1810 Hester Center-Park Furnishing 15,000 Agenda item for Benches 4/17 303-4209-572.63-05 RP1614 Hester Center-Pavilion Pathway Repair 8,000 303-4209-572.62-01 RP1642 Hester Center Building-Lobby Renovation Architect S 30,000 Pending Gen Consulting Award S:\Finance\Govt Surtax(1%)\CIP 2017-2018 Surtax 2nd qtr Page 1 of 4 4/&gage/4:34cf 736 CITY OF BOYNTON BEACH FY 2017-18 ADOPTED CIP BUDGET CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PROGRAM FY 2017/18 Account Number Project FY 2017/18 FY 2017/18 FY 2017/18 Comments Fund-Location- Exp Number PROJECT NAME Adopted Awarded Paid 303-4209-572.63-0 RP1811 Hester Center Ball fields-Paint pavilion 5,0001 Working on City Painting Bid 303-4209-572.63-14 RP1812 Hester Center-Irrigation Lines 320,000 303-4209-572.63-04 RP1813 Hester Center-Playground Restroom Painting 6,000 303-4209-572.63-04 RP1814 Hester Center-Scrub Fence 60,000 303-4209-572.63-04 RP1815 Hester Center-Accessible route from Center to Park 8,000 303-4209-572.63-05 RP1816 Hester Center-Multi Purpose Field 50,000 303-4209-572.63-05 RP1817 Hester Center- Wood Pavilion Painting and roofing 8,000 Working on City Painting Bid 303-4209-572.62-03 RP 1818 Hester Center- Wood Pavilion Painting and roofing AD 500 Working on City Painting Bid 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 Working on City wide Bid 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 Working on City Painting Bid 303-4235-572.62-01 RP1826 Jaycee Park-Park Furnishings 10,000 Agenda item for Benches 4/17 303-4235-572.62-01 RP1827 Jaycee Park-Parking Lot Resealing 5,000 Working on City wide Bid 303-4235-572.62-01 RP1828 Jaycee Park Paint Pavilions 7,000 Working on City Painting Bid 303-4235-572.62-01 RP1829 Jaycee Park Pour In Place repair 20,000 303-4237-572-62.01 RP1830 Knollwood Park-Parking Lot 3,000 Working on City wide Bid 303-4231-572-63-0 RP1831 Laurel Hills Park-Basketball Court Restoration 8,000 303-4227-572.62-01 RP1833 Mangrove Park-Flooring 7,500 303-4227-572.63-05 RP1835 Mangrove Park-Fence Repair 8,000 303-4227-572.63-05 RP1836 Mangrove Park-Bench replacement 3,000 303-4227-572.63-05 RP1837 Mangrove Park-Interpretive markers 10,000 303-4227-572.63-05 RP1838 Mangrove Park-Refurbish Restrooms 6,000 303-4227-572.62-03 RP1839 Mangrove Park-Refurbish Restrooms ADA 7,000 303-4227-572.63-05 RP1840 Mangrove Park-benches and cans 8,000 Agenda item for Benches 4/17 303-4227-572.63-03 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 Agenda item for Benches 4/17 303-4216-572.63.05 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 Working on City wide Bid 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 16,000 303-4210-572.62-0 RP1849 Oceanfront Park-Parking Lot Lights 30,000 S:\Finance\Govt Surtax(1%)\CIP 2017-2018 Surtax 2nd qtr Page 2 of 4 4/&gage/4:35cf 736 CITY OF BOYNTON BEACH FY 2017-18 ADOPTED CIP BUDGET CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PROGRAM FY 2017/18 Account Number Project FY 2017/18 FY 2017/18 FY 2017/18 Comments Fund-Location- Exp Number PROJECT NAME Adopted Awarded Paid 303-4210-572.62-0 RP1854 Oceanfront Park-Solar at Oceanfront Pole and sail rem 70,000 29,700 29,700 303-4210-572.62-01 RP2021 Oceanfront Park-Stair&Retaining Wall 40,000 9,400 303-4210-572.62-01 RP1920 Oceanfront Park-Playground Master Plan Design 75,000 303-4210-572.62-01 RP1850 Oceanfront Park-Sealcoat parking lot 60,000 Working on City wide Bid 303-4210-572.62-0 RP1850 Oceanfront Park-Sealcoat parking lot ADA 7,000 Working on City wide Bid 303-4210-572.62-01 RP1851 Oceanfront Park-Asphalt pathway 35,000 Working on City wide Bid 303-4210-572.62-01 RP2024 Oceanfront Park-Center Shade Sails and poles refurb 75,000 303-4210-572.63-0 RP1853 Oceanfront Park-Playground replacement 25,000 303-4211-572-63.01 RP1855 Oyer Park-Shade Sails 15,000 303-4211-572.62-0 RP1856 Oyer Park-Coast Guard Bldg.Entry Repair 30,000 303-4211-572.62-01 RP1857 Oyer Park-Coast Guard Bldg.and pavilion painting 14,000 Working on City Painting Bid 303-4211-572.62-03 RP1858 Oyer Park-Coast Guard Bldg.and pavilion painting AD 2,000 Working on City Painting Bid 303-4211-572.62-01 RP1859 Oyer Park-Coast Guard Bldg.window replacement 1 7,000 303-4211-572.62-03 RP1860 Oyer Park-Coast Guard Bldg.window replacement AD 7,000 303-4211-572.62-01 RP1861 Oyer Park-Park Ramp Assessment 25,000 303-4211-572.62-01 RP1856 Oyer Park-New DumpsterEnclosure 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 4,000 303-4232-572-62.03 RP1859 Palmetto Greens Linear Pk-Replace/maintain Picnic to 5,000 16,915 303-4232-572-62.01 RP1860 Palmetto Greens Linear Park-Overlay internal park path 8,000 303-4232-572-62.03 RP1860 Palmetto Greens Linear Park-Overlay internal park path 4,000 303-4232-572-62.01 RP1635 Palmetto Greens Linear Park-Restroom Refurbishment 8,000 303-4232-572-62.0 RP1635 Palmetto Greens Linear Park-Restroom Refurbishment 10,000 303-4232-572-63.05 RP1636 Palmetto Greens Linear Park-Parking Lot Sealcoat 6,000 Working on City wide Bid 303-4232-572-62.03 RP1636 Palmetto Greens Linear Park-Parking Lot Sealcoat ADI 7,000 Working on City wide Bid 303-4115-572.64-02 RP1861 Pence Park-Park Furnishings 6,000 303-4115-572.62-01 RP1862 Pence Park-Paint Restroom exterior 5,000 Working on City Painting Bid 303-4115-572.62-0 RP1863 Pence Park-Parking Spaces,new ADA 5,000 303-4217-572.63-01 RP1864 Pioneer Canal Park-Fishing Pier Repair 8,000 303-4217-572.62-0 RP1864 Pioneer Canal Park-Fishing Pier Path ADA 8,000 303-4217-572.63-01 RP1865 Pioneer Canal Park-Tennis Court Fencing 15,000 303-4217-572.63-01 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 14,000 303-4217-572.62-0 RP1869 Pioneer Canal Park-Restroom Refurbishment 13,000 303-4217-572.62-03 RP1869 Pioneer Canal Park-Restroom ADA 16,000 303-4218-572.63-05 RP1871 Sara Sims Park-Park Furnishings 9,000 303-4218-572.63-05 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 Working on City wide Bid 303-4218-572.62-0 RP1874 Sara Sims Park Parking Lot ADA 7,000 Working on City wide Bid 303-4218-572.63-04 RP1875 Sara Sims Park Pavilion 40,000 303-4218-572.62-0 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 RP1878 Senior Center-Patio&Awning Repairs 8,000 303-4212-572.63.05 RP1879 Tennis Center-Parking Lot Sealcoat 30,000 Working on City wide Bid 303-4212-572.62.03 RP1879 Tennis Center-Parking Lot Sealcoat ADA 5,000 Working on City wide Bid 303-4212-572.63.05 RP1880 Tennis Center-Parking Lot Median Upgrade 48,000 S:\Finance\Govt Surtax(1%)\CIP 2017-2018 Surtax 2nd qtr Page 3 of 4 4/&gage/4:3Gcf 736 CITY OF BOYNTON BEACH FY 2017-18 ADOPTED CIP BUDGET CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PROGRAM FY 2017/18 Account Number Project FY 2017/18 FY 2017/18 FY 2017/18 Comments Fund-Location- Exp Number PROJECT NAME Adopted Awarded Paid 303-4212-572.62.01 RP1881 Tennis Center-Entry Sign 3,000 303-4299-572.62.01 RP1882 Veterans Park-ADA* 1,072 TOTAL RECREATION AND PARKS PROJECTS $ 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 15,000 303-4127-522.63-15 FA1803 Fire Station#3-Parking Lot Resealing 30,000 Working on City wide Bid 303-4127-522.62-01 FA1805 Fire Station#3-Apparatus bay ceiling 30,000 303-4127-522.62-01 FA1806 Fire Station#3-Community Room Ceiling Repl and Se 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 Working on City wide Bid 303-4129-522.62-01 FA1808 Fire Station#5-Pressure Wash&Patch Exterior 30,000 TOTAL PUBLIC SAFETY PROJECTS $ 293,000 1 $ - $ 303-4101-580.64-1 IT1802 Wi-Fi Expansion(City Wide) 12,000 303-4101-580.64-14 IT1803 Network Circuit Certifier 12,000 11,566 303-4101-580.64-11 IT1804 Campus Communications Fiber Replacement 55,000 303-4101-580.64-14 IT1805 Exagrid Backup Appliance 45,000 43,193 43,193 303-4101-580.64-14 IT1806 Replace Storage SAN at Disaster Recovery Site 50,000 45,503 45,503 303-4129-580.64-11 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 63,984 303-4101-580.64-11 IT1812 PC Replacement-Utilities 20,000 303-4101-580.64-11 IT1813 Server Replacement 45,000 41,739 41,739 303-4101-580.64-14 IT1814 VSP7000 Switch-Data Center 20,000 19,359 19,359 303-4101-580.64-14 IT1816 Network Infrastructure Replacement-SCADA-Utilities 20,000 303-4101-580.64-14 IT1817 SAN Storage Replacement-SCADA-Utilities 50,000 303-4101-580.64-14 IT1818 Server Replacement(SCADA)-Utilities 25,000 TOTAL INFORMATION TECHNOLOGY PROJECTS $ 463,000 $ 225,344 $ 213,778 FY 2017/18 TOTAL F$--4-,6-14-,62-2T$ 373,549 $ 213,778 FY 2016/17 Carryover 303-4211-572.62-0 RP1852 1 Oyer Park-Parking Lot Resealing 100,000 0 $ Working on City wide Bid TOTAL RECREATION AND PARKS PROJECTS $ 100,000 1 $ - $ - 303-4904-541.63-24 CP0263 Sidewalks-Replacement 650,000 215,597 $ 176,923 303-4904-541.63.03 TR1701 Sidewalks Ramp-ADA(estimate) 400,000 0 $ - 303-4905-580.63-0 CP0266 Street Maintenance/Impv. 1,700,000 298,749 $ 190,020 Working on paving bid FUND 303 TOTAL TRANSPORTATION/ROADWAY PROJECTS $ 2,750,000 $ 514,346 $ 366,943 FY 2016/17 CARRYOVER TOTAL $ 2,850,000 $ 514,346 $ 366,943 GRAND TOTAL $ 7,464,622 $ 887,895 $ 580,721 S:\Finance\Govt Surtax(1%)\CIP 2017-2018 Surtax 2nd qtr Page 4 of 4 4/&gage/4:317Acf 736 6.H. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Accept quarterly report on red light camera program (Jan 2018-Mar 2018) 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 January - March 2018. Jan - Mar 2018- 6,601 Notice of Violations were issued City was not issuing NOV's Jan - Mar 2017 Jan - Mar 2016- 7,336 Notice of Violations were issued 10% decrease from the 7,336 in 2016 to 6,601 in 2018. 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 January - March 2018 were: Personnel $ 37,790 Operating 7,365 Camera Lease Pymts 199,694 Transfer to Gen Fund 25.000 Qtr total $269,849 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 138 of 736 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Red Light Camera Stats 2018 2 Qtr Page 139 of 736 N OA 00 0 LU c V) h0 p }a U L 00 L C 3 0.6 c s s l0ui0000 _ O nn a� nn l0 O U - Z V) - L 3 o2S o.6o.6 LIJ O N N N p M p �+ 4' -0 00 +' I,m M p O m �m 0)p r, 0 I,0 N -j 't CO -jO m Nm lO� M -I � COt. N C7 Ln 0 Ol m -Nim ~ O ui N E O m - (Y) ti 4- O O "- - W F _ C u 06 � � of C) 3 00 - 1' O ID OM O J 00 o m o m _0 _0 a� a� N .N 00 z z CID CID 0 0 1�0 00 m m 1�0 00 6.1. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Approve adjustments to project budgets for the attached Surtax projects that are part of the approved FY 17/18 budget. EXPLANATION OF REQUEST: The City Commission approved a list of projects for FY 17/18 to be paid with Government Surtax funds in September 2017. 1 n accordance with the City's Resolution R16-071, which is an I nterlocal agreement with PBC and Palm Beach County Schools pertaining to shared distribution and use of the surtax funds the project list that the Commission adopted can be revised by the governing board (see page 2 of the I LA). The City of Boynton Beach Capital Improvement Plan is largely funded by taxpayer approved sales tax funds (Surtax). Each community must account for the use of these funds to ensure their use is consistent with law and the intent of the voters. Each quarter the city will be providing a global update on the status of projects funded with Surtax revenues. However, on a much smaller scale it is recognized that as approved capital projects proceed in the both design and construction phases, project costs will become much more refined based upon either contractor bids/quotes or detailed engineer estimates. Therefore, it is necessary to further reconcile these adjusted project costs to ensure consistency of review by the City Commission and the City's Citizen Surtax Oversight Committee. To that end, staff will be providing frequent project budget adjustments throughout the course of the year. In fact, these adjustments may occur on each future Commission meeting. Attached please find current projects wherein budget adjustment is required. Note that the project adjustments have an overall neutral affect on the entire capital budget. This will be common as all projects will be either over or under approved budget amounts. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA FISCAL IMPACT: The project budget adjustments merely recognize actual costs on a project level. The entire Surtax Capital Budget will always be neutral unless changed through a formal budget amendment process. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No Page 141 of 736 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Surtax Project B udget Adjustment List 1 D Attachment Reso 16-071 ILA w P B C Page 142 of 736 Total Projects requesting adjustment 5 Approved Adjusted Project Budget Proiect'Budget Project# Project Location Amount Amount RP1815 Denson Pool- Fence and Wall Repair Request for an increase of funds($4,670.00)due to inflation of material costs $40,000.00 $44,670.00 RP1848 Meadows Park—Playground Equipment Transfer funds($15,625.00 of$20,295.00)to cover deficit in projects GG1841, $95,000.00 $74,705.00 GG1870,GG1872, RP1815 GG1870 Police Dept. 2(FS 2) RTU-1 HVAC Replacement Request for an increase of funds($2,250.00)due to inflation of material costs $10,250.00 $12,500.00 GG1872 Public Works BU-1- HVAC Replacement Request for an increase of funds($ 1,550.00)due to inflation of material costs $4,100.00 $5,650.00 GG1841 Public Works Compound—Drainage Request for an increase of funds($ 11,825.00)due to scope of work change, $20,000.00 $31,825.00 addition of exfiltration trench Total Approved Total Adjusted Project Budget Project Budget Amount Amount $169,350.00 $169,350.00 Tuesday,April 10,2018 Page 1 of 1 000-FY 17-18 SURTAX Increase(CHANGES-Agenda) Pagg"P43V Page 144 of 736 1 RESOLUTION NO. R16-071 2 3 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 7 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, 8 THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE 9 SIGNATORY MUNICIPALITIES PERTAINING TO THE SHARED 10 DISTRIBUTION AND USE OF THE ONE CENT LOCAL 11 GOVERNMENT INFRASTRUCTURE SURTAX AND PROVIDING 12 FOR AN EFFECTIVE DATE. 13 14 15 WHEREAS, on April 5, 2016, the City Commission adopted Resolution R16-054 16 authorizing the Mayor to sign an Interlocal Agreement among Palm Beach County, The 17 School Board of Palm Beach County and signatory municipalities within Palm Beach County 18 pertaining to the shared distribution and use of the one cent local government infrastructure 19 surtax; and 20 WHEREAS, the initial proposed distribution included a small percentage of funding 21 for cultural and economic development initiatives however, as discussions continued, the 22 County Commission removed the cultural and economic development components from the 23 distribution schedule; and 24 WHEREAS, the new agreement provides for the following distribution plan 25 approved by the Board of County Commissioners allocated as follows: 50 percent to the 26 School District; 30 percent to the County; 20 percent to the 38 municipalities within Palm 27 Beach County; and 28 WHEREAS, two additional provisions were added to the agreement to provide for an 29 automatic termination clause if Palm Beach Commissioners do not adopt an Ordinance and C:\Users\Stanzionet\Documentsal6-071 ILA(Rev)_W ith_PBC_One_Cent_Surtax_Distribution_-_Reso.Doc Page 145 of 36 i 30 ballot language by June 10, 2016 and an early sunset clause if the surtax proceeds equal to or G i� 31 exceed $2.7 billion dollars. 32 WHEREAS, the City Commission of the City of Boynton Beach, upon 33 recommendation of staff deems it to be in the best interests of the residents and citizens of the 34 City of Boynton Beach to approve and authorize the Mayor to sign the Interlocal Agreement 35 between Palm Beach County, The School Board of Palm Beach County and the signatory 36 municipalities. 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 38 THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AS 39 FOLLOWS: 40 Section 1. Each Whereas clause set forth above is true and correct and 41 incorporated herein by this reference. 42 Section 2. The City Commission of the City of Boynton Beach, upon recommendation 43 of staff deems it to be in the best interests of the residents and citizens of the City of Boynton 44 Beach to approve and authorize the Mayor to sign the Interlocal Agreement between Palm 45 Beach County, The School Board of Palm Beach County and the signatory municipalities, a 46 copy of the Interlocal Agreement is attached hereto as Exhibit"A". 47 Section 3. This Resolution shall become effective immediately upon its adoption. 48 C:\Usei-s\Stanzionet\Docutnents\RI6-071 I LA(Rev)_With_PBC_One_Cent_Surtax_Distribution_-_Reso.Doe Page 146 of 36 49 PASSED AND ADOPTED this — day of , 2016. 50 CITY OF BOYNTON BEACH, FLORIDA 51 52 YES NO 53 54 Mayor— Steven B. Grant 55 56 Vice Mayor—Mack McCray 57 58 Commissioner—Justin Katz 59 60 Commissioner—Christina L. Romelus 61 62 Commissioner—Joe Casello 63 64 65 VOTE 66 67 ATTEST: 68 69 709 71 Jtudith A. Pyle, CMC 72 Interim City Clerk 73 74 75 76 (Corporate Seal) ; C:\Users\Stanzionet\Docuinents\RI6-071 ILA(Rev)_With PBC_One Cent_Surtax_Distiibution_-_Reso.Doe Page 147 of 36 C6'i'Y OF BCYVOT 4 BEACH CITY CLERK'S OFFICE I" JUL '` 10: 3 5 R204 6aha 0 5 B INTERLOCAL AGREEMENT AMONG PALM BEACH COUNTY,THE SCHOOL BOARD OF PALM BEACH COUNTY,FLORIDA,AND THE SIGNATORY MUNICIPALITIES PERTAINING TO THE SHARED DISTRIBUTION AND USE OF THE ONE CENT LOCAL GOVERNMENT INFRASTRUCTURE SURTAX THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this day of MAY 2016 , 2016, by and between PALM BEACH COUNTY ("County"), a political subdivision of the State of Florida, THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic of the state of Florida ("School Board"), and the signatory municipalities (collectively referred to hereinafter as "MUNICIPALITIES"): WITNESSETH: WHEREAS,pursuant to section 212.055(2), Florida Statutes (2015), the County intends to authorize by Ordinance the imposition of a one percent(1.0%) Iocal government infrastructure sales surtax ("Surtax") upon taxable transactions occurring in Palm Beach County and has provided for distribution of the proceeds from the Surtax subject to the outcome of a countywide referendum on November 8, 2016; and WHEREAS, the Municipalities are located within Palm Beach County, are eligible to receive a portion of the Surtax, represent a majority of the County's municipal population, and desire to jointly establish with the County the distribution formula for the proceeds of the Surtax in accordance with section 212.055(2)(c)(1), Florida Statutes(2015); and WHEREAS, section 212.055(2)(c)(1), Florida Statutes (2015), provides that this Agreement may include a school district with the consent of the county governing authority and the governing bodies of the municipalities representing a majority of the county's municipal population;and 1 Page 148 of 736 WHEREAS, the parties to this Agreement desire to work together in order to promote the safe, efficient, and uninterrupted provision of numerous essential public services provided by the County, the Municipalities, and the School Board, including but not limited to providing improvements to district-owned school buildings, equipment, technology and security; purchasing school buses; repairing, constructing and equipping roads, bridges, sidewalks, streetlights, signalization, parks, recreational and governmental facilities, drainage, and wastewater facilities; and purchasing public safety vehicles and equipment; and WHEREAS, the parties to this Agreement shall each be responsible for the adoption of project lists that will be funded from the Surtax Proceeds, subject to future revisions by the governing body of each applicable entity. NOW THEREFORE, in consideration of the promises, covenants, and commitments contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged set forth herein, the parties agree as follows: SECTION 1, RECITALS. The foregoing recitals are true and correct and are hereby incorporated into and become a part of this Agreement. SECTION 2. TERM, This Agreement shall become effective when approved by the governing bodies of the County, the requisite number of Municipalities, and the School Board pursuant to section 212.055(2)(c)(1), Florida Statutes (2015). This Agreement shall remain in effect for the life of the Surtax imposed pursuant to the County Ordinance imposing the Surtax (the "Ordinance") and until all Surtax Proceeds, as defined in Section 3 below, are expended by the respective parties. 2 Page 149 of 736 SECTION 3. DISTRIBUTION PERCENTAGES. (a) The Surtax Proceeds, defined as the collected Surtax less the amounts retained by the Florida Department of Revenue for administrative expenses pursuant to section 212.055(2), Florida Statutes (2015), derived from the Surtax levied and imposed by the County shall be distributed by the Department of Revenue directly to the parties to this Agreement as follows: Ree3i,�nt <Share,nf'T6tal 'rveee.`ds;. Palm Beach County 30.0% School Board of Palm Beach 50.0% County, Florida Municipalities within Palm 20.0% (to be divided Beach County proportionately among them based on population in the manner as set forth in Section 218.62(3), Florida Statutes; provided that the County's share received shall be as described herein and not pursuant to Section 218.62, Florida Statutes). (b) Distribution of the Surtax Proceeds hereunder shall be made monthly by the Department of Revenue from the Discretionary Surtax CIearing Trust Fund directly to the County, the Municipalities, and the School Board as to their respective shares of Surtax Proceeds during the term of this Agreement commencing on or about January 2017 and each month thereafter during the term of this Agreement. SECTION 4. USE OF SURTAX PROCEEDS. The parties to this Agreement each certify that all Surtax Proceeds shall be expended only as permitted by section 212.055(2), Florida Statutes and the ballot language of the November 8,2016 referendum. The County, the Municipalities, and the School Board shall each 3 Page 150 of 736 be separately responsible for the adoption of project lists that will be funded from the Surtax Proceeds, subject to future revisions by the governing body of each applicable entity. Any future revisions of the resolution(s) of the individual parties shall not require an amendment to this Agreement or the joinder and consent of the other parties. SECTION 5. CREATION OF CITIZEN OVERSIGHT COMMITTEES. (a) The County, the Municipalities, and the School Board shall each separately provide for the creation of citizen oversight committees ("Committee" or collectively "Committees") to provide for citizen review of their respective expenditure of Surtax Proceeds, as soon as possible after the Surtax becomes effective, but not tater than the date on which Surtax funds are first expended. A Municipality may either participate in an oversight committee created by the Palm Beach League of Cities or create its own committee. (b) The Committees shall serve as advisory and reporting bodies to the creating entities. Each creating entity shall establish specific duties and membership requirements governing Committee operations and participation. (c) The Committees shall meet monthly, or as otherwise needed to fulfill their duties and responsibilities. Each Committee shall annually provide a report to the governing board of the entity which created it for acceptance. (d) Committee members shall receive no compensation for the performance of their duties. (e) The Committees, their members, and all their proceedings shall be governed by and comply with the provisions of the Florida Sunshine Law, Chapter 286, Florida Statutes, the Florida Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112, Florida Statutes, and all other applicable local or state statutes, ordinances,or rules. 4 Page 151 of 736 SECTION 6. MUTUAL COOPERATION. Each party agrees to work cooperatively and in good faith, individually and collectively, with the other parties to this Agreement on matters that are included and beyond the scope of this Agreement. SECTION 7. MISCELLANEOUS. (a) This Agreement is the entire agreement between the parties and all understandings and agreements are incorporated in this Agreement. This Agreement supersedes any prior agreements between the parties relating to Surtax. (b) Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, partnership, joint venture or any other relationship between the parties hereto. (c) The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Agreement. None of the parties intend to directly or substantially benefit a third party by this Agreement. The parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against any of the parties based upon this Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (d) Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. 5 Page 152 of 736 (e) In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, unlawful, unenforceable or void in any respect, the invalidity, illegality, unenforceability or unlawful or void nature of that provision shall not effect any other provision and this Agreement shall be considered as if such invalid, illegal, unlawful, unenforceable or void provision had never been included herein. (f) This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflict of laws provisions. The parties agree that any controversies or legal disputes arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida. (g) A copy of this Interlocal Agreement and all subsequent amendments hereto shall be filed with the Clerk of the Circuit Court of Palm Beach County,Florida,upon its execution by all parties hereto. SECTION 8. TERMINATION. This Interlocal Agreement shall automatically terminate and be null and void in the event that any one of the following events occurs. Termination of this Interlocal Agreement pursuant to this Section shall result in the ballot question referenced herein not appearing on the November 8, 2016 General Election Ballot. (a) The Board of County Commissioners does not enact the Ordinance as presented and revised on first reading on May 3, 2016 and amended to include an early termination provision, on or before June 7, 2016, that provides as follows: alternatively, this Ordinance shall "sunset" in the event that the total aggregate distributions of Surtax proceeds equal or exceed the 6 Page 153 of 736 amount of $2,700,000,000 on or before September 1 of any year during the term of this Ordinance, in which event the Board shall take all necessary action to repeal this Ordinance and notify the Florida Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the following calendar year.; or (b) Municipalities representing a majority of the County's municipal population do not approve this Interlocal Agreement on or before.lune 10, 2016; or (c) The Board of County Commissioners or any municipality required to achieve a majority of the County's municipality population approves an amendment to this Interlocal Agreement or rescinds its approval thereof prior to the date of the final approval of the Ordinance by the Board of County Commissioners on or before June 10, 2016; or (d) The Board of County Commissioners, prior to the date of the referendum, amends the Ordinance in any substantive way from the version enacted as described in (a) above. 7 Page 154 of 736 IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representative, have caused this Local Government Infrastructure Surtax Interlocal Agreement to be duly executed in counterparts by their respective and-duly authorized officers as of the date set forth above. MAY 1 0 2016 2O °_ In PALM BEACH COUNTY,FLORIDA By: Mary Lou erger Mayor (SEAL) ATTEST: Sharon R. Bock, Clerk&e0#1 golf erf Circuit Court ' ''�°�''' By. cf ' gF ,w Deputy Clerk tic ®®` APPROVED AS TO FORM A '3 �GAL SUFFICIENCY By: County Attorney S Page 155 of 736 THC SCHOOL BOARD O PALM BEACH COUNTY,TLORIDA By: Chuck Shaw, ' man By: Robert M. Avossa,Ed.D., Superintendent (SEAL) APPROVED AS T ORM AND LEGAL SUFFICIENCY By: School Board Attorney 9 Page 156 of 73 THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: Chuck Shaw, Chairman By: Robert M. Avossa, Ed.D., Superintendent (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: School Board Attorney CITY OF ATLANTIS, FLORIDA By: DavicYKintz, Mayor FLORIDA (S AL) ATT T: By• Kristen Puhalainen, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Jennifer 0. Ashton, City Attorney Page 157 of 736 CITY OF BELLE GLADE, FLORIDA By: n Name: Steve B. Wilson Title: Mayor jL r, Page 158 of 736 CITY OF BOYNTON BEACH,FLORIDA x. s -- Name: Steven B. Grant Title: Mayor (SEAL) ATTEST: By: ith A. Pyle, CMC, I "tqCity Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY I By: ' . ames A. C .oflity orney Page 159 of 736 TOWN OF BRINY BREEZES,FLORIDA By: i .. Swan Thaler,President, Town Council ATTEST: x ROBERf JUROVATY,,Town C1qykk Pro Tem APPROVED AS TO FORM AND CORRECTNESS: JOHN SKRA DEL Atto ey For Town of Briny Breezes Page 160 of 736 CITY OF FLORIDA Nam , ary D. Glickstein Title: Mayor (SEAL) AT°I'EST: By: Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: _ & City Attorney Page 161 of 736 CITY OF GREENACRES,FLORIDA By: Samuel J en Mayor rt �ttesfl ,.., M' Denise McGrew City Clerk Approved as to Form and Legal Sufficiency: James?!). Stokes City Attorney Page 162 of 736 TOWN OF HAVFRHILL, FLORIDA By: Name:Jav G. Title: Mayo ATTEST: Janice C:—Rutan,Town Administrator Page 163 of 736 CITY OF ,FLORIDA B Ll.& SW%-,2tyL4rL Name: 'Title: Page 164 of 736 TOWN OF JUPITER INLET COLONY, FLORIDA By: Name: Daniel J. Co ford III (J-- Title; Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY M By: / Town Attorney Page 165 of 736 TOWN OF LAKE CLASHORES, FLORIDA By: Robert M.W.Shalhoub,Mayor (SEAL) ATTEST: By: Mary Pinkerman,Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Charles Schoech,Town Attorney f Page 166 of 736 CITY OF , FLORIDA By; Name: ja.m e-s A Soo; 5 Title: Page 167 of 736 Dated the 7th day of June, 2016, LAKE WORTH CITY COMMISSION By: Pam Tr lo, M yor ATTEST: ' f 6L e4, py ._. _. ..,Pamela J, Lopez, City Clerk ti APPROVED AS TO FORM AND LF-GA L SUFFICIENCY By: ANC Office of the City Attorney Page 168 of 736 Sf TOWN OF LANTANA,FLORIDA By: David J. Ste t j Mayor (SEAL) �40 ATTEST: By:Nicolerv` A. Dritz,TdQn Clerk APPROVED S TO FO D LEGAL SUFFICIENCY By: Max ,Town Attorney I 4 l i i t Page 169 of 736 TOWN OF LOXAHATCHEE GROVES, FLORIDA By: Naive: DavidBrowniniz ATTEST: Title: Mayor By: ,`x (SL-AL) To Clerk APPROVED AS TO FM AND °'LEGAL SUFFICIENCY x. R v j By: //, / . Town Attorney 10 Page 170 of 736 CITY OF 6th/ ,FLORIDA By: Name: .. i Title: Page 171 of 796 VILLAGE OF ROYAL PALM BEACH, FLORIDA By: Name:f red Pinto Title: Mayor Attest: �1 Diane DiSanto, Village Clerk Page 173 of 736 TOWN OF SOUTH PALM BEACH,FORIDA 2016 Bernice Fisc er,Mayor v Attest: SEAL Maylee be 7 us, CMC, Town Clerk ; �::r Approved as to Legal Sufficiency: ¢ ° w ,,,.w , Bradley W. B' s, Torney Page 174 of 736 VILLAGE OF WELLINGTON, FLORIDA By: / 'L .-"/& - Name:)6e Gerwig Title: Mayor (SEAL) ATTEST: By: Awilda Rodriguez,Village C&rk APPROVED AS TO FORM AND LEGAL SUFFICIENCY urieCohen,Village Attorney Page 175 of 736 Signature Pa,e for: INTERLOCAL AGREEMENT AMONG PALM BEACH COUNTY, THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, AND THE SIGNATORY MUNICIPALITIES PERTAINING TO THE SHARED DISTRIBUTION AND USE OF THE ONE CENT LOCAL GOVERNMENT INFRASTRUCTURE SURTAX WPB Contract No. 17464 ATTEST: CITY OF WEST PALM BEACH By. 1 /&'02, City Jerk Geraldine Muoio, Mayor CITY ATTORNEY'S OFFICE Date; ��a , 2016 Approved t form and legality Page 176 of 736 CITYRADA V , By: a." Name: Title: Page 177 of 736 6.J. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the four (4) month period ended January 31, 2018. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the four (4) month period ended January 31, 2018 (33% 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: GENERALFUND FY 2017-18 FY 2016-17 FY 2018 vs. 2017 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 89,753 $49,820 56% $ 83,767 $47,170 56% 7.1% 5.6% &Transfers Expenditures $(89,753) $(37,461) 42% $(83,767) $(35,218) 42% 7.1% 6.4% Excess (Deficit) $- $ 12,359 $- $ 11,952 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $12.3M surplus for the period ending January 31, 2018. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $74.7M or 83% of our total $89.7M General Fund budget estimate for FY 2017- 18. Transfers from other funds (non-revenues) provide $15M or 17% of the total funding sources to balance our $89.7M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 34.OM —Property taxes less Tax Increment Financing to the CRA 2. 45% - $40.7M —All other revenues plus General Fund Balance 3. 17% - $ 15.OM —Transfers from other funds 100% - $ 83.7M —Total funding sources The property tax rate for FY 2017-18 is 7.9000 mills, no change from the prior year; the net property taxes of Page 178 of 736 $34.OM in FY 2017-18 represent an 7.77% increase in property tax revenue or an increase of$2.4M from FY 2016-17. To balance the budget in FY 2016-17, it required transfers from other funds of $15M representing 17% of all funding sources. Actual Funding Sources Realized: At the end of the fourth month in FY 2017-18, revenues and transfers realized are approximately $49.8M of the budget estimate compared to $47.11M realized to date in FY 2016- 17. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $27.8M as compared to $26.2M for FY 2016-17, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 7.15% from $83.7M to $89.7M. 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 fourth month period ending January 31 (33% of the fiscal year) are $37AM that is 42% of the $89.7M expenditure appropriation for FY 2017-18. 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 $37.4 or 42% of the FY 2017-18 budget. At this point in the fiscal year, FY2017-18 spending levels are $2.2M ahead of the $35.2M or 42% expended in FY 2016-17 for this same period. UTILITY FUND The FY 2017-18 annual expenditure budget of $46.5M represents a $4.3M increase from the FY 2016-17 budget of $42.2M. The operational forecast reflects an estimated decrease of $354K of the fund balance for FY 2017-18, see Exhibit C. FY 2017-18 FY 2016-17 FY 2018 vs. 2017 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $46,544 $ 15,500 33% $42,245 $ 14,688 35% 10.2% 5.5% &Transfers Expenditures $(46,544) $ (14,749) 32% $(42,245) $(14,612) 35% 10.2% 0.9% Excess (Deficit) $- $ 751 $- $ 76 For the four month period in FY 2017-18, • Revenues realized are $15.5M (33%) of the annual budget estimate. • Expenditures incurred are $14.7M (32%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $751 K. Expenditures (Exhibit D)— Utility Fund FY 2017-18 expenditures to date are $14.7M or 32% of the annual appropriation compared to expenditures of $14.6M or 35% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Page 179 of 736 ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum GF Statement of Revenues thru Jan 31, 2018 D Addendum GF Statement of Expenditures thru Jan 31, 2018 D Addendum OF Statement of Revenues thru Jan 31, 2018 D Addendum OF Statement of Expenditures thru Jan 31, 2018 Page 180 of 736 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31,2018(33%of Fiscal Year) REVENUES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 41,458,358 $ 35,173,744 85% $ 38,322,309 32,886,287 86% LESS TIF TAXES TO CRA 7,360,831 (7,360,831) 100% 6,682,137 (6,682,137) 100% NET TAXES TO THE CITY 34,097,527 27,812,913 82% 31,640,172 26,204,150 83% LICENSES AND PERMITS BUSINESS TAXES 1,731,000 1,576,811 91% 1,656,000 1,493,621 90% BUILDING PERMITS 2,712,000 823,755 30% 2,417,000 707,447 29% FRANCHISE FEES 4,865,000 1,758,280 36% 5,065,000 1,602,084 32% OTHR LICENSES,FEES&PER 222,000 158,015 71% 218,000 166,310 76% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 518,563 610% 85,000 2,364 3% STATE SHARED REVENUES 8,677,000 2,246,761 26% 8,674,000 2,639,954 30% SHRD REV FROM OTHR LCL 335,000 44,846 13% 310,000 38,432 12% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 137,657 113% 121,300 134,833 111% CHRGS-GENERAL GOVT 507,800 141,673 28% 459,500 141,898 31% PUBLIC SAFETY 6,086,500 2,582,257 42% 5,133,816 2,522,856 49% PHYSICAL ENVIRONMENT 20,000 6,776 34% 20,000 (1,802) -9% CULTURE/RECREATION 428,700 136,856 32% 415,500 143,898 35% INTEREST&MISC REVENUE LIBRARY FINES 30,000 5,855 20% 30,000 5,416 18% VIOLATIONS LOCAL ORD. 643,000 65,722 10% 720,000 232,209 32% INTEREST EARNINGS 65,000 1,497 2% 50,000 27,464 55% RENTS AND ROYALTIES 368,800 189,088 51% 368,800 171,867 47% SPECIAL ASSESSMENTS 6,589,000 5,660,824 86% 5,541,500 4,771,914 86% SALE OF SURPLUS MATERIAL 1,500 - 0% 2,000 639 32% OTHER MISC.REVENUE 4,715,145 134,751 3% 2,725,000 126,017 5% INTERNAL FUND TRANSFERS TRANSFERS 15,067,850 5,022,617 33% 14,842,000 4,947,333 33% FUND BALANCE APPROPRIATED 2,383,523 794,508 33% 3,272,149 1,090,716 33% Total Revenues $ 89,752,645 $ 49,820,025 56% $ 83,766,737 47,169,620 56% $100,000 Two Year Cumulative Revenue Comparison and CFY s $90,000 Budget-($in thousands) 9,753 �ti y�y $80,000 yb0 y10� alt $70,000 yy s, Cn�y 7 $60,000 �� yy��^k yyl s $50,000 a^ r J ' h $40,000 $30,000 t $20,000 yb' 3y� 5ti r � _ 4 i' i ir I $10,000 yy- �`,i $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2016-17 Actual 11111111111111111lCumulative 2017-18 Actual 2017-18 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ S:AFlnance/Flnancial Repor[sAlonthly Financial Repor[s/FY2017-2018/FY1718 Budget Review-GF-t1uu Jan l8 Smnmrized001Revenue SummaryRevised Page 18/lo,of 736 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31,2018(33%of Fiscal Year) EXPENDITURES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 267,301 $ 107,762 40% $ 259,706 $ 102,955 40% CITY MANAGER 746,362 314,438 42% 730,719 340,110 47% CITY HALL/GEN.ADMIN. 10,145,586 2,297,561 23% 7,367,149 713,746 10% MARKETING/COMMUNICATIONS 333,846 119,413 36% 258,615 122,794 47% CITY CLERK 569,241 221,597 39% 531,665 189,841 36% CITY ATTORNEY 574,916 173,140 30% 522,411 173,967 33% FINANCIAL SERVICES 1,302,041 524,337 40% 1,034,767 470,444 45% ITS 2,454,516 852,593 35% 1,895,058 942,450 50% HUMAN RESOURCES 824,823 312,095 38% 724,830 313,171 43% PUBLIC SAFETY UNIFORM SERVICES 16,981,940 8,147,555 48% 16,758,211 8,047,990 48% ADMINISTRATIVE SERVICES 3,862,184 1,493,996 39% 3,534,348 1,601,533 45% SUPPORT SERVICES 9,608,962 4,531,627 47% 9,693,624 4,568,318 47% FIRE 23,514,949 11,608,531 49% 23,089,868 10,922,529 47% COMMUNITY STANDARDS 2,201,205 924,975 42% 1,871,683 755,689 0% EMERGENCY MANAGEMENT 22,320 694 3% 14,670 2,071 14% BUILDING&DEVELOPMENT DEVELOPMENT 1,132,141 486,239 43% 1,093,300 508,598 47% BUILDING 1,312,787 524,709 40% 1,389,088 514,547 37% ENGINEERING 622,155 252,175 41% 686,132 278,275 41% PLANNING&ZONING 756,125 324,071 43% 776,734 364,407 47% ECONOMIC DEVELOPMENT 412,318 117,027 28% 211,749 42,702 20% PUBLIC WORKS PUBLIC WORKS 154,775 106,220 69% 223,397 104,896 47% FACILITIES MANAGEMENT 2,005,233 582,905 29% 1,624,535 565,236 35% STREETS MAINTENANCE 1,236,275 373,423 30% 1,199,602 321,876 27% LEISURE SERVICES LIBRARY 2,315,127 928,555 40% 2,280,461 979,339 43% SCHOOLHOUSE MUSEUM SERV 254,971 126,650 50% 269,372 117,391 44% RECREATION 3,133,874 1,117,838 36% 2,905,081 1,203,412 41% PARKS&GROUNDS 3,006,672 878,701 29% 2,819,962 935,382 33% CRA REIMBURSABLE&RESERVES - 12,424 0% - 14,450 0% Total Expenditures $ 89,752,645 $ 37,461,251 42% $ 83 766 737 $ 35,218,119 42% $100,000 Two Year Cumulative Expenditure Comparison and $89,753 $90,000 CFY Budget--($in thousands) $80,000 1 $70,000 hh 4 Gs E $60,000 y � v $50,000 0l ;b&3 .�L ti $40,000 G3 � o � $30,000 ry $20,000 $10,000 47 $0 ......... .... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2016-17 Actual Cumulative 2017-18 Actual 2017-18 Budget S:TinanceTinancial ReportsAlonthly Financial ReportsTY2017-2018TY1718 Budget Review-GF-thru Jan 18 Summarized001 Expenditure SummaryRevised Page. 1 Q4DIF201®f 736 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31,2018(33%of Fiscal Year) REVENUES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 21,675,000 $ 7,271,952 34% $ 20,250,000 $ 7,223,869 36 WATER CONNECTION FEE 150,000 15,635 10% 25,000 7,160 29% WATER SERVICE CHARGE 850,000 317,840 37% 750,000 329,224 44 WTR-BACKFLOW PREVNTR TEST 10,000 10,836 108% 10,000 7,500 75 RECLAIMED WATER SALES 64,000 37,353 58% 60,000 22,780 38 SEWER SERVICE 18,870,000 6,239,873 33% 18,500,000 6,228,406 34 STORMWATER UTILITY FEE 3,800,000 1,267,332 33% 3,800,000 1,273,799 34% TELEVISE SEWER LINES 5,000 8,574 171% 3,500 - 0 FEES 20,000 165 1% 15,000 - 0 INTEREST INCOME 35,000 (23,571) -67% 35,000 (4,222) -12% SALE OF SURPLUS EQUIP. 2,000 - 0% - 734 0 OCEAN RGE UT TAX ADM CHG 800 228 29% 800 158 20 MISCELLANEOUS INCOME - 48 0% - 399 0% FUND BALANCE DECREASE(INCREASE) 1,061,993 353,998 33% (1,204,004) (401,335) 33 TOTAL REVENUES $ 46,543,793 $ 15,500,263 33% $ 42,245,296 $ 14,688,472 35 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 _ 0 $46,544 Two Year Cumulative Revenues Comparison and �e CFY Budget-($in thousands) ati' $40,000 0b _ ^6 h I $30,000 yti I 1y hti I h ',. $20,000 b I � y y,w by h I tib $10,000 ^ti tih $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2016-17 Actual WOW Cumulative 2017-18 Actual 2017-18 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-OF-thru Jan 18 Summarized401 Rev Sum Page 183 of 736 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31,2018(33%of Fiscal Year) EXPENDITURES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,946,158 $ 678,028 35% $ 1,814,027 $ 738,551 41% PUBLIC WATER TREATMENT 6,009,493 1,875,814 31% 5,961,748 1,980,965 33% METER READING&SERVICES 1,197,278 507,236 42% 1,111,186 503,636 45% WASTEWATER COLLECTION 1,619,357 553,885 34% 1,624,933 594,938 37% WASTEWATER PUMPING STATNS 2,810,391 796,649 28% 2,337,495 885,762 38% SEWAGE TREATMENT 4,405,000 663,137 15% 3,928,070 952,017 24% WATER QUALITY 630,247 254,669 40% 634,776 228,356 36% UTILITY ADMINISTRATION 17,530,117 5,677,602 32% 14,552,941 5,076,060 35% UTILITES ENGINEERING 1,478,276 653,149 44% 1,481,747 632,842 43% STORMWATER MAINTENANCE 1,148,994 424,098 37% 1,008,364 424,672 42% CUSTOMER RELATIONS 1,133,407 416,597 37% 1,369,521 535,642 39% DEBT SERVICE 6,635,075 2,247,769 34% 6,420,488 2,058,333 32% Total Expenditures $ 46,543,793 $ 14,748,633 32% $ 42,245,296 $ 14,611,774 35% -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 546,544 Two Year Cumulative Expenditures Comparison and hU CFY Budget-($in thousands) a`� $40,000 x�,1° �1 $30,000 ti�ry I tiy .._Ld $20,000 �� roti I titi ti� $10,0006°qyy� $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative 2016-17Actual MINK Cumulative 2017-18 Actual 2017-18 Budget -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-OF-thru Jan 18 Summarized401 Exp Sum Page 184 of 736 6.K. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the five (5) month period ended February 28, 2018. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the five (5) month period ended February 28, 2018 (42% 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: GENERALFUND FY 2017-18 FY 2016-17 FY 2018 vs. 2017 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 89,753 $ 55,269 62% $ 83,767 $ 52,500 63% 7.1% 5.3% &Transfers Expenditures $(89,753) $(42,382) 47% $(83,767) $(39,934) 48% 7.1% 6.1% Excess (Deficit) $- $ 12,887 $- $ 12,566 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $12.8M surplus for the period ending February 28, 2018. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $74.7M or 83% of our total $89.7M General Fund budget estimate for FY 2017- 18. Transfers from other funds (non-revenues) provide $15M or 17% of the total funding sources to balance our $89.7M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 34.OM —Property taxes less Tax Increment Financing to the CRA 2. 45% - $40.7M —All other revenues plus General Fund Balance 3. 17% - $ 15.OM —Transfers from other funds 100% - $ 83.7M —Total funding sources The property tax rate for FY 2017-18 is 7.9000 mills, no change from the prior year; the net property taxes of Page 185 of 736 $34.OM in FY 2017-18 represent an 7.77% increase in property tax revenue or an increase of$2.4M from FY 2016-17. To balance the budget in FY 2016-17, it required transfers from other funds of $15M representing 17% of all funding sources. Actual Funding Sources Realized: At the end of the fifth month in FY 2017-18, revenues and transfers realized are approximately $55.2M of the budget estimate compared to $52.5M realized to date in FY 2016- 17. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $29.3M as compared to $27.6M for FY 2016-17, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 7.15% from $83.7M to $89.7M. 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 ffith month period ending February 28 (42% of the fiscal year) are $42.3M that is 47% of the $89.7M expenditure appropriation for FY 2017-18. 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 $42.3 or 47% of the FY 2017-18 budget. At this point in the fiscal year, FY2017-18 spending levels are $2.4M ahead of the $39.9M or 48% expended in FY 2016-17 for this same period. UTILITY FUND The FY 2017-18 annual expenditure budget of $46.5M represents a $4.3M increase from the FY 2016-17 budget of $42.2M. The operational forecast reflects an estimated decrease of $442K of the fund balance for FY 2017-18, see Exhibit C. FY 2017-18 FY 2016-17 FY 2018 vs. 2017 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $46,544 $ 19,621 42% $42,245 $ 18,530 44% 10.2% 5.9% &Transfers Expenditures $(46,544) $ (18,198) 39% $(42,245) $(17,782) 42% 10.2% 2.3% Excess (Deficit) $- $ 1,423 $- $ 748 For the fifth month period in FY 2017-18, • Revenues realized are $19.6M (42%) of the annual budget estimate. • Expenditures incurred are $18.1 M (39%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $1.4M. Expenditures (Exhibit D)— Utility Fund FY 2017-18 expenditures to date are $18.1 M or 39% of the annual appropriation compared to expenditures of $17.7M or 42% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Page 186 of 736 ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum GF Statement of Revenues thru Feb 28, 2018 D Addendum GF Statement of Expenditures thru Feb 28, 2018 D Addendum OF Statement of Revenues thru Feb 28, 2018 D Addendum OF Statement of Expenditures thru Feb 28, 2018 Page 187 of 736 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended February 28,2018(42%of Fiscal Year) REVENUES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 41,458,358 $ 36,698,599 89% $ 38,322,309 34,344,145 90% LESS TIF TAXES TO CRA 7,360,831 (7,360,831) 100% 6,682,137 (6,682,137) 100% NET TAXES TO THE CITY 34,097,527 29,337,768 86% 31,640,172 27,662,008 87% LICENSES AND PERMITS BUSINESS TAXES 1,731,000 1,601,711 93% 1,656,000 1,529,137 92% BUILDING PERMITS 2,712,000 1,013,805 37% 2,417,000 1,050,813 43% FRANCHISE FEES 4,865,000 2,160,591 44% 5,065,000 1,974,404 39% OTHR LICENSES,FEES&PER 222,000 174,399 79% 218,000 180,654 83% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 533,794 628% 85,000 4,209 5% STATE SHARED REVENUES 8,677,000 3,075,156 35% 8,674,000 3,451,708 40% SHRD REV FROM OTHR LCL 335,000 52,053 16% 310,000 49,747 16% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 137,657 113% 121,300 134,833 111% CHRGS-GENERAL GOVT 507,800 181,154 36% 459,500 184,300 40% PUBLIC SAFETY 6,086,500 3,028,140 50% 5,133,816 2,881,818 56% PHYSICAL ENVIRONMENT 20,000 9,476 47% 20,000 (1,002) -5% CULTURE/RECREATION 428,700 185,864 43% 415,500 188,549 45% INTEREST&MISC REVENUE LIBRARY FINES 30,000 7,411 25% 30,000 7,219 24% VIOLATIONS LOCAL ORD. 643,000 97,414 15% 720,000 269,349 37% INTEREST EARNINGS 65,000 1,586 2% 50,000 25,762 52% RENTS AND ROYALTIES 368,800 207,773 56% 368,800 189,577 51% SPECIAL ASSESSMENTS 6,589,000 6,015,383 91% 5,541,500 4,994,611 90% SALE OF SURPLUS MATERIAL 1,500 1,192 79% 2,000 1,004 50% OTHER MISC.REVENUE 4,715,145 175,050 4% 2,725,000 174,020 6% INTERNAL FUND TRANSFERS TRANSFERS 15,067,850 6,278,271 42% 14,842,000 6,184,167 42% FUND BALANCE APPROPRIATED 2,383,523 993,135 42% 3,272,149 1,363,395 42% Total Revenues $ 89,752,645 $ 55,268,783 62% $ 83,766,737 52,500,282 63% $100,000 Two Year Cumulative Revenue Comparison and CFY s $90,000 Budget-($in thousands) 9,753 �ti y�y $80,000 y�0 y10� alt $70,000 yy rr s, Cn9'y 7533 CII __ tr 3r1 $60,000 ^A $50,000 �°^ �z y A° $40,000 s 1 I $30,000 m Q 1 1 1 1 $20,000 ° M $10,000 �3h, N��ii $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2016-17 Actual 11111111111111111lCumulative 2017-18 Actual 2017-18 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ S:A FinanceTinancial Repor[sAlonthly Financial Repor[sTY2017-2018TY1718 Budget Review-GF-t1uu Feb l8 Smnmrized001Revenue SummaryRevised Page 18a10f 736 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended February 28,2018(42%of Fiscal Year) EXPENDITURES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 267,301 $ 127,609 48% $ 259,706 $ 130,500 50% CITY MANAGER 746,362 358,126 48% 730,719 385,927 53% CITY HALL/GEN.ADMIN. 10,145,586 2,541,089 25% 7,367,149 926,941 13% MARKETING/COMMUNICATIONS 333,846 169,183 51% 258,615 163,715 63% CITY CLERK 569,241 270,031 47% 531,665 215,296 40% CITY ATTORNEY 574,916 223,612 39% 522,411 204,764 39% FINANCIAL SERVICES 1,302,041 586,137 45% 1,034,767 531,184 51% ITS 2,454,516 1,013,962 41% 1,895,058 1,074,572 57% HUMAN RESOURCES 824,823 353,741 43% 724,830 349,894 48% PUBLIC SAFETY UNIFORM SERVICES 16,981,940 9,178,572 54% 16,758,211 8,970,423 54% ADMINISTRATIVE SERVICES 3,862,184 1,679,679 43% 3,534,348 1,827,275 52% SUPPORT SERVICES 9,608,962 5,075,245 53% 9,693,624 5,078,843 52% FIRE 23,514,949 12,929,580 55% 23,089,868 12,153,560 53% COMMUNITY STANDARDS 2,201,205 1,058,075 48% 1,871,683 855,680 0% EMERGENCY MANAGEMENT 22,320 1,913 9% 14,670 2,165 15% BUILDING&DEVELOPMENT DEVELOPMENT 1,132,141 565,398 50% 1,093,300 574,451 53% BUILDING 1,312,787 605,672 46% 1,389,088 571,883 41% ENGINEERING 622,155 286,122 46% 686,132 324,022 47% PLANNING&ZONING 756,125 365,759 48% 776,734 410,166 53% ECONOMIC DEVELOPMENT 412,318 133,844 32% 211,749 42,717 20% PUBLIC WORKS PUBLIC WORKS 154,775 115,818 75% 223,397 119,492 53% FACILITIES MANAGEMENT 2,005,233 718,456 36% 1,624,535 719,574 44% STREETS MAINTENANCE 1,236,275 400,473 32% 1,199,602 398,022 33% LEISURE SERVICES LIBRARY 2,315,127 1,075,457 46% 2,280,461 1,131,968 50% SCHOOLHOUSE MUSEUM SERV 254,971 112,834 44% 269,372 123,688 46% RECREATION 3,133,874 1,330,208 42% 2,905,081 1,385,175 48% PARKS&GROUNDS 3,006,672 1,092,639 36% 2,819,962 1,246,751 44% CRA REIMBURSABLE&RESERVES - 12,851 0% - 14,929 0% Total Expenditures $ 89,752,645 $ 42,382,085 47% $ 83 766 737 $ 39,933,577 48% $100,000 Two Year Cumulative Expenditure Comparison and $89,753 $90,000 CFY Budget-($in thousands) $80,000 1 $70,000 hh 4 Gs E $60,000 y � v $50,000 0l $40,000 �tiry, 0 $30,000 ry $20,000 $10,000 47 $0 r......... .... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2016-17 Actual Cumulative 2017-18 Actual 2017-18 Budget S:TinanceTinancial ReportsAlonthly Financial ReportsTY2017-2018TY1718 Budget Review-GF-thru Feb 18 Summarized001 Expenditure SummaryRevised Page. 1 89,of 736 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended February 28,2018(42%of Fiscal Year) REVENUES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 21,675,000 $ 9,100,346 42% $ 20,250,000 $ 9,114,823 45% WATER CONNECTION FEE 150,000 22,210 15% 25,000 16,660 67 WATER SERVICE CHARGE 850,000 390,755 46% 750,000 424,023 57 WTR-BACKFLOW PREVNTR TEST 10,000 10,936 109% 10,000 7,500 75 RECLAIMED WATER SALES 64,000 83,316 130% 60,000 28,258 47 SEWER SERVICE 18,870,000 7,984,078 42% 18,500,000 7,852,101 42 STORMWATER UTILITY FEE 3,800,000 1,600,302 42% 3,800,000 1,591,472 42% TELEVISE SEWER LINES 5,000 8,574 171% 3,500 - 0 FEES 20,000 1,929 10% 15,000 655 4 INTEREST INCOME 35,000 (23,571) -67% 35,000 (4,222) -12% SALE OF SURPLUS EQUIP. 2,000 - 0% - 734 0 OCEAN RGE UT TAX ADM CHG 800 329 41% 800 258 32 MISCELLANEOUS INCOME - 48 0% - 399 0% FUND BALANCE DECREASE(INCREASE) 1,061,993 442,497 42% (1,204,004) (501,668) 42 TOTAL REVENUES $ 46,543,793 $ 19,621,749 42% $ 42,245,296 $ 18,530,993 44 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 _ 0 $46,544 Two Year Cumulative Revenues Comparison and �e CFY Budget-($in thousands) ati' $40,000 0b _ ��y I ^6 � I $30,000 I 1y I $20,000 I � yo y,�v yy y bo yov yob I $10,000 ^ti tib $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2016-17 Actual WOW Cumulative 2017-18 Actual 2017-18 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-OF-thru Feb 18 Summarized401 Rev Sum Page 190 of 736 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended February 28,2018(42%of Fiscal Year) EXPENDITURES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,946,158 $ 791,665 41% $ 1,814,027 $ 861,653 47% PUBLIC WATER TREATMENT 6,009,493 2,237,078 37% 5,961,748 2,399,329 40% METER READING&SERVICES 1,197,278 593,557 50% 1,111,186 574,774 52% WASTEWATER COLLECTION 1,619,357 663,345 41% 1,624,933 708,762 44% WASTEWATER PUMPING STATNS 2,810,391 977,418 35% 2,337,495 1,084,985 46% SEWAGE TREATMENT 4,405,000 981,329 22% 3,928,070 1,273,590 32% WATER QUALITY 630,247 286,568 45% 634,776 266,280 42% UTILITY ADMINISTRATION 17,530,117 7,056,228 40% 14,552,941 6,215,250 43% UTILITES ENGINEERING 1,478,276 746,563 51% 1,481,747 746,367 50% STORMWATER MAINTENANCE 1,148,994 503,360 44% 1,008,364 478,233 47% CUSTOMER RELATIONS 1,133,407 554,488 49% 1,369,521 601,225 44% DEBT SERVICE 6,635,075 2,807,214 42% 6,420,488 2,572,043 40% Total Expenditures $ 46,543,793 $ 18,198,813 39% $ 42,245,296 $ 17,782,491 42% -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 546,544 Two Year Cumulative Expenditures Comparison and hU CFY Budget-($in thousands) a`� $40,000 x�,1° �1 $30,000 ti�ry I tiy $20,000 �0 5 �titi $10,0006°qyy� $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative 2016-17Actual MINK Cumulative 2017-18 Actual 2017-18 Budget -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-OF-thru Feb 18 Summarized401 Exp Sum Page 191 of 736 6.L. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of March 2018. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for March 2018: Purchase Order Vendor Amount 180786 Tinker LLC $ 19,197.45 180792 Fotronic Corporation $ 11,566.00 180815 Lou's Police & Security Equip $ 12,190.00 180843 Kelly Tractor Co $ 17,643.00 180853 Doer Products& Services, Inc. $23,300.00 180865 CDW Government Inc. $ 13,961.00 180866 Hardrives of Delray $ 15,000.00 180871 Rangeline Tapping Svcs Inc. $ 33,930.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 192 of 736 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Parch over $10K ® March 2018 Backup Page 193 of 736 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER 000 _ r Q 1. r: Tinker LLC Purchase Amount: $19,197.45 Requesting Department: Utilities Contact Person: Rebecca Harvey Date: 311118 Brief Description of Purchase: Supplies needed for the FY2018 implementation of the Water Conservation Education program for all 5th grade students at schools within the City. Source for Purchase: Three Written Quotes Fundo r : 401-2821-536-95-43 2. Vendor. otr is Corporation Purchase Amount: $11,566.00 Requesting Department: ITS Contact Person: John McNally Date: 316118 Brief Description of Purchase: Tester will allow us to verify City network integrity and troubleshoot problems. Includes modules for copper, fiber optic, ethernet and Wi-Fi network cabling plus report generation software and a cloud service for managing jobs. Source forPurchase: Three Written Quotes Fund Source: 303-4101-580-64-14 I17 3. Vendor- Lou's Police & SecurityEquipment Purchase Amount: $12,190.00 Requesting Police Contact r Captain Zeiler Date: 3119118 Brief Description of Purchase: Purchase of new rifles for SWAT team. Replacing 10 yr old rifles. Source forPurchase: Three Written Quotes Fund Source: 001-2111-521-64-02$10,190.00 001-2112-521-6 -0 2,000.00 Vendor:4. Kelly Tractor Co Purchase Amount: $17,643.00 Requesting Department: Warehouse Contact Person: ie Dauta Date: 3126118 Brief Description of Purchase: Purchase of scissor lift for facilities to perform various work through out the year. Source forPurchase: Piggyback Fl. Sheriff ContraSource: 001-2511-519-64-21 #FSA17-VEH15.0 5. Vendor: Doer Products& Services $23,300.00 Requesting Department: Utilities Contact Person: Jim Hart Date: 3128118 Brief Description Purchase: Change out odor control media in the air scrubber units at master stations 316 &356. Refurbish two Siemens Zabocs odor control systems. Source rPurchase: Three Written Quotes Fund Source: 401-2816-536-46-51 Page 1 Page 194 of 736 6. Vendor. CDW Government Inc Purchase Amount- $13,961.00 Requesting Department: ITS Contact Person: John McNally Date: 3/28/18 Brief Description of Purchase: Second order of new monitors for the new Electronic Plan Review System. Source for Purchase. Three Written Quotes Fund Source: 302-4102-580-64-14 IT1 801 7. Vendor: and rives of Delray Purchase Amount: $15,000.00 Requesting Department: Utilities Contact Person: Leon Liberus Date: 3/28118 Brief Description of Purchase: The removal and stockpile of sludge material from the East Water Treatment Plant. Source for Purchase: Three Written Quotes Fund Source: 401-2811-536-49-17 8. Vendor: Rangeline Tapping Services Inc Purchase Amount: $33,9X00 Requesting Department: Utilities Contact Person: Charles Casimir Date: 3130/18 Brief Description of Purchase: Emergency service to repair a 20"water in break at 310 S. Seacrest Blvd. Source for Purchase: Ern Dr ency Purchase Fund Source, 401-2810-536-46-47 Page 2 Page 195 of 736 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180786 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 03/01/18 VENDOR 16592 SHIP TO: TO: TINKER LLC City of Boynton Beach 1451 DANVIL BLVD, STE 1 FAST UTILITY ADMIN ALAMO, CA 94507 124 E. 00 RIGHT ROAD BOYNTON BEACH, FL 33435 —— -------—— --------------------------------- REQU&TION NO,, 70829 ORDERING DEPARTMENT: UTILITIES R. HARVEY/MR .................. ---------------------------------------- ------------------------------ DATE NEEDED: BID NO: WSSION APPROVED: ------------------------ ----------------------------- __l:C:0m_p --—--------------------- EXTENDED LI NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1. 00 DL PROGRAM MATERIALS: TEACHER 19197.4500 19197.45 PROGRAM KIT-QUANTITY 35 Student water Conservation Kit-Quanity ...... '66ff kihen Kit incl'ud.. .t 4 sink :i' t e water: 'Flow-Rate bag: TO: l- 'et I a detb:ctor :tablets,... Out Opr,':�-:Wateram ; auge; birec Pji�-1 ht6a:.Reg''s"a"bie'gr REMARKS; GRADE WATER CONSERVATION EDUCATION p G.AM ' : R �#O' FY:2 0 18 . OUOTE DAT81. 2/1.5/1-:8 PROCUREMENT SEWCES: P.O. TOTAL 19197445 ACCOUNT NO. PROJECT 401-2821-536.95-43 PURCHASING Page 196 of 736 CO DD L- Ln eg CN or- r- Ch (n :)4 0 WO D4 0 P 1 Ln in 1 0 ca W 14 Ou C; 2 0 pq ,3 1 r^I rl I I0 E-4 0 0) N L) HU) I CD 0 1 4TIL �4 no : m 0 CD CDGa I 0 H I H O CD W 0% C) : Eq 00 O m z H I C) 0 C14 CO P4 Ol H 1 Q LO 1 0 1 0 V P �M Z W 0 Ol M z. B : w 04 fn EA WW ix z 0 C4 C4 Ix H C04' P4 D E-4 P4 H p4m 04 P I r-1 w < 0 H pq H Q � : W iD EA 4 z P CA P4 P4 M 9 : pi W N > Z z m 0 I In W I m m 1 ca P I 41 I 0 O. �C3 041 m cd m $4 :J I s0 a)�4 0 m co id OC4 H (d 0 41 E-0>4 1 Urd 1 01 >4 H 4.) (1)a) I H W 04-) I W-1 -14141 14 V) [4 44-A 0.0 rd H a $4 z rd 0) > z 1 a 09N m I O PA H 1 0 u .0 rd X 0 t14J v u 04, PH 1 P 0 H 41 r-i u $4 r. 04'M -r-i Xaa N 0 4104 rA 3a ipd rl fl)-rl$4 EA P 1C4 w 41 m 0 -r-q Q Cl) I W O-ri 4.rj wo_j W M Cl z � U 4J (60 -00 1 NO 4J M H 4W Q)P 4)H ordi 14> J1. M c) U 0 0 $4 t; IOD MW A 4 W M 4J M u m 6,q g P4 P4 I m m � 0 bW4 W U A Qf G E P P Ln v.043 H w 41 q 6 (n H td IX�4 46 P p 21:24. W 4J FA wIx 4D 0 m 0m m 0 :4 1 Ew 41 a) 43u I kn W >4' 0 I 'd -02to ElA p G3 :j P WC - 0 N cold Ali O00 0 cold 041 4J U N w MI 0 Clq U GV E-4 0 HIv v O.QOO U 1 043 H A 04 1 W H540 :EU I U Go u I'd WO a)x p 4-W 6 um F-i 0 M 1 00 4-)as 4J 4J 0 H E-4 pq wl v •1i M:z Oum I E-1 W M 1 m MM:04J I H 4-3 rd W qu`rq 1-4 W F-4 Pd 41 Ln Page 197 of 736 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 000 y -1 Requesting ti itiADMIN Explanation r Supplies for the FY 2018implementation of the Water Conservation Education program for II 5th grade studentst schools withinthe City. mided Vendor Tinker LLC [Dollar1 ,1 Source r Purchase (check and attach backup materials): Three Written Quotations GSA Sta t antra i 1 SNAPS Sole euros Piggy-Back Budete tem Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the some detail contained within the contract. Fund Source r : 401-2821-536-95-43 Department Head Date Purchasing ®..... t e-�z Tj yew Asst City Manager Date, City n t Form Revised01102 Page 198 of 736 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 0212712018 H.T.R. IAS Ir : MR Procurement 't: Director- -671-y--ManagtT budgeted zanr 001 FREASON FOR PURCHASE: Supplies needed fort implementation of the Water Conservation 1 for all 5th grade stu eta at schools withinthe City. VENDOR INFORMATION-, DIVISION: . Name:Tinker LLC6 A dmin. Date: 02115/2018 ASAP Address: lama Plaza, Unit 177 Engineering ( ataNeeded: 03115/2018 Confirm. ) BJ Alamo, 94507 st. 1. I l n . LIAC FD—E' V E Phone(contact): Joe Thrasher Water Qual. ( } QuotesNerbal E.Admin. 40 } 209-765-6263 over 0 Pumping ( otas rl n (X) E. Tip 41 over $200 VendorNumber: 1 592 PWTreat. Bid Docs. TP 42 Meter Serv. Sole Source Ltr. P/U go { INITIATOR: y, Sewage Insurance ( peri I Instructions, Sustainability Col e wire ents: Stan r. ( ) I Project bar: gran® Unit Price Description &Part Number Fund Belio IAmount $19,197.45 ro r materials: Teacher Program Kit- 401 2821 4 $19,197.45 Quantity t n r Conservation Kit-Quantity 800 Kit includes: Shower head, kitchen sink aerator,Water Flow Rate , Toilet leak detector tablets, Outdoor Watering Gauge, Direct rin Reusable tote bag, Corrugated Insert TOT L 1 2821 536 95 43 $19,197. Page 199 of 736 The City of Boynton Beach Ud 'es D t !24 R WooffidgN BoyaWn BeachRorMa 33435 Pimme(56l)742 FAX.,(56.1742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Supplies the FY 2018 implementationthe Water Conservation Education ram for II r t I rt i VENDOR# ® Tinker LLC 02/27/201 CONTACT ® Joe Thrasher PHONE NUMBER.-® 209-76"263 $19,197.45 Resource Action /15/201 CONTACT PERSON: Kevin 1 888-438-9473 101.00 VENDOR#3: CONTACT PERSON: He PHONE NUMBER- ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 200 of 736 } �'� _ Y+WATER EDUCATION PRO RAMS February 15, 201 Ms.Rebecca Harvey Sustainability Coordinator City of Boynton Beach 124 E. Woolbright Rd. Boynton each,Florida 33435 Dear s. Harvey, Thank-you for the opportunity to quote your project. Details are as follows: Water Conservation Education Pro —5b grade End to end program implementation services including: a Teacher recruitment and follow-up • Classroom lessons and activities aligned witheducation standards o Kit&materials delivery a Program data collection and analysis 0 Monthly reporting a Final Program Report Program i : o Teacher Program Kit—Quantity: 35 o Student Water Conservation Kit- Quantity: 800 Kit contents are as follows: Sowerh (1.5 G /Watersense certified) Kitchen Sink Aerator(1.5 GPM,multi-swivel, dual function) Bathroom Sink Aerator(1.0 ) Water Flow Rate Bag Toilet Leak Detector Tablets Outdoor tg Gauge Direct Printed Reusable Tote Bag Corrugated Insert ro os et: 197.45 Budget includes all applicable costs including end to end implementation, taxes and shipping Price is valid with commitment by March 31,2018 Tinker LLC 1 160 Alamo Plaza, Unit 177 i Alamo, CA 94507 1 .www.tinkerD[_qgrams.com ` 800,292,9054 Page 201 of 736 U. ENERYWATER EDUCATION PROGRAMS We really appreciate the opportunity. If you have any questions or concerns please let me know. Sincerely, Ad Joe Thrasher President Direct- (925)208-4497 Tinker LLC 1 160 Alamo Plaza, Chit 177 1 Alamo, CA 9.4507 ! wwwjinroro ra� 1 500.292.9054 Page 202 of 736 Resource Action Programs Daft:February 15,2018 976 United Cir,Sparks,NV,89431 Quotation#:002646 P:(888)438-9473 F:(800)544-8051 Program Consultant:Kevin Flom Rebecca Harvey Sustainability Coordinator City of Boynton Beach PO Box 310 Boynton each,FL 33425 Phone:(5 1)742-6964 Fax:561-731-0 6 We are pleased to quote the following: WaterWise Program Boynton Beach Utilities Participants-800 Materials Unit ri :$11.75 Subtotal Price $18,200.00 Service Unit PrIce:$1 1.00 Sales Tax: $0.00 Shipping&Handling: $1,600.00 Total Prico:$19,800.00 Services Provided in This Quote: Identification of State Education Standards&Benchmarks • Curriculum Development and Refinement(Completed Annually) • Curriculum Correlation to State Education Standards&Benchmarks • Materials Modification to Incorporate City of Boynton Beach's Logo and Color Scheme • Materials Printing • Assembly of Materials • Warehousing of Materials • Incentive Program Development Teacher/School Identification-with City of Boynton Beach Approval Teacher Outreach and Program Introduction Teachers Enrolled In the Program Individually Implementation Dates Scheduled with Teachers Materials Shipment Coordination Delivery Confirmation Periodic Contact to Ensure Implementation and Teacher Satisfaction • Program Completion Incentive Offered Results Collection Thank-you Cards Sent to Participating Teachers • Data Analysis • Reporting Page 203 of 736 Materials Provided In This Quote: (1)-GetWiseThinkGreenLivaWlse Wristband (1)-WaterWise Parent Letter • (1)-WaterWise Scantron Form (1)-WaterWlse Student Guide 2017 (1)-WaterWise Student Workbook 2017 • (1)-WaterWlse-Cert of Achievement (1)- rWise Teacher Folder (1)-WaterWlse KII:-Kit Contents Includes: • (1)-Bathroom Aerator 1.0 gpm • (1)-Digital Thermometer • (1)-Flow Rate Test Beg-Black • (1)-GetWise Wristband Postcard 2017 • (1)-Installation Instruction Book NS 13 • (1)-Kit Box-WaterWise 2017 • (1)-Kit Content Label (1).Kitchen Aerator 1.5 gpm,N3115P-FC (1)-Mini Tape Measure (1)-Natural Resource Fact Chart 2017 (1)-Parent Comment Card (1)-Rain/Drip Gauge (1)-Showerhead-intelilshower-1.75gpm • (1)-Teflon Tape Card-BLANK (1)-Toilet Leak Detector Tablets • (1)-WaterWise Program Unit =This will serve as a purchase order =We will Issue a purchase order 1,the undersigned,declare that I have the authorization to sign this Quotation Form and agree to the quantity,pricing terms conditions listed above Print Name Date Authorized Signature ......... Title I Company Terms and Conditions Quantity represents total program size. You will only be billed for the actual materials that are specifically requested and shipped.-Please allow ten (10)business days from recelpt of purchase order to begin Program implementation.- This quote is valid for 90 days from the date noted above.-A quotation not accepted within 90 days may be changed.-Customer initiated modifications or corrections will be charged additionally at RAP current rates.-Payment terms are NET 30.-All products warranties are direct to manufacturer unless otherwise noted.-ModeXarded is RAP s choice on any/all shipments unless otherwise noted.-If issuing a Purchase Order please offs this quote number on your Purchase Order to RAP. - Please forward your Purchase Order to RAP at FAX(800)544-8051.-Make checks payable to:Resource Action Programs. Page 204 of 736 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180792 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 03/06/18 VENDOR 17010 S141P TO: TO: FOTRONIC CORPORATION City of Boynton Beach 99 WASHINGTON ST ITS DEPARTMENT MELROSE, MA 02176 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 710N' NO70870 �nnORDERiNG EPARTMENT: 1-s-ISQU " D iF..................................I......................... DATE NEEDED: BD NO: COMMUSSION APPROVED� EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 RA FLUKE NETWORKS - VERSIV 2 11544 . 0000 11544. 00 CABLEANALYZER with integrated Wi-Fi and 1-Year Gold Support VENDOR ITEMN0 - DSX2-80001GLD4954473 2 22 , 00 DL FREIGHT . 1 . 0000 22 . 00 REMARKS: FLUKE VERSIV 2CABLINGCERTIFICATION QUOTE #0358780 DO NOT MAIL PO.: ITS WILL SEND TO VENDOR PROCUREMENT SERVICES: P.O. -F01"AL 11566 00 ACCOUNT NO. PROJECT 303-4101-580.64-14 IT1807 PURCHASING Page 205 of 736 DD OD Ln N I 0 u Ln E-4 0 C3 C) E LD P4 1 C) �Ln Ln 0 li gx I cc, 0 1 1 > z 0 Iyi H W II E-4 IT, M , 2, zucnI VY Q cot' W 0 z 0 z Pu C� 0 C3 NA ', .0 1 rl4l I Ln Ln I I S4 W H r-I -.1 V) P 44 -1 0 CYd 04 I 4J IJ P4 u HM 0 0 'D 0 w 07 Da n r®0 10 u u 41 E04 Nylr�C; -1 -4 CD z Htv 0 H 1 Ln zUS N L I E u u 'k 0 Iq S4 N C3 0 4 H H H 14 H 0 N p u U H DQ H a] r3r4 to r-4 4H �4 � : 0 0 pq :3: a C) C> n�: z z >H pq p z I r14 F4 0 pi c) d ' r + E-Zpz H P4 p I 0 a4 H H p 04 H u H 04 P4 1 E4 0F4 cq p E-W Z 04 x DQz VA > Q H U) H 0 ul z ca 4J �4 0 z z P4 Ul pi m 04 W W a z x ul 0 a4 04 H H H �D 14 FA �l 0 0 C'9 M �4 z 0 0 N M w 0 0 �q 0044 az 0 Q H C4 P4 Ix 9 4J 4J m DQ pq M (d 0 Z�Z E4 L) is w 03P. 44 U >(of 0 0ZUE 0 H �C) � 1 �4 4'!}-,A ca I CU 1�4 FX4 04 W � I D� H C4 HH Z -H�c� N P4 E4 P P P4 134 H H b z N4 H H 1 10 v M000 m m ko M I O0 (d v] Im(d Go CD z 0 Ln H 01 m p Q E41Ln 4 _4 z Ea H Popo Nd E+ 91:11 21 CD 0 t r4 U":E H E H P4 z rnlx PQ 1 0" 44 0 -r-i CD I p 0 H00 woo um m mr, H �4 E u ezu U0 C3 p CD r-i H ul p I C) Ey 1 FF4 2c D4 H P4 W ftFl H W H cu wo Z IXH cvZq N �3 M4JZ H a :j 0 H W m H:j 0 .1 z W. CYQ Page 206 of 736 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 rh : 3/6/2018 Requesting : ITS Stevens Explanation r Tester will allow us to verify city network integrity and troubleshootro I s. Includes modules for copper, fiber optic, ethernet and i- i network cabling iu report generation software n cloud service for managing jobs. lucominended Vendor Fotronic Corp. [Dollar11 Source r materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund SourPurchase: Account Number 303-4101-580.64-1 Project Code IT1807 Approvals: Department Head Date Purchasing Agent Date o Asst r Manager Date City n r - g to Form Revised 02/01/02 Page 207 of 736 0019 E No.: CORPORATION l0ate. 02RW2018 ,,,"o�TEST EQUIPM ENT DEPOT . i _ valid Until: 0 31201 Payment Terms: To be determined From: Remit to: 99 Washington Street PO Box 3989 Shipping Terms: Prepay and Add (rose,MA 02176-6024 USA Boston,MA 02241-3989 USA Shipping Method: FedEx Ground FOB: DESTINATION In terms: To: Ship To: For assistance,questions regarding this quotation,an or City of Boynton Beach City of Boynton Beach to complete your order,contact your Account Manager Attn:Jeff Jolbitado 100 E.Boynton Beach Blvd Adam Lief Boynton Beach,FL 33435 adam.lkq@fatronic.com United States 1339)2934066 Line BrancUWr Model No.lCat ido. Description qty Unit Price Amount 001 Fluke Networks DSX2-80001GLD Versiv 2 CableAnalyzer Wth Integrated Vii-Fi and 1-Year Gold 1 11,544.00 11,544.00 4954473 Support Quoted prices and availability are subject to manufacturer changes. Net Order: 11,544.00 Freight: 22.00 General Shinning Information MA Sales Tax: 0.00 Items will ship from Melrose,MA via FedEx Ground or Freight with shipping terms of prepay and add unless otherwise noted.Prices quoted are in US Dollars and do not include applicable destination Order Total: 11,565.00 taxes,tariffs and/or duties. Accented Payment Methods All major credit cards,bank wire transfer,commercial Purchase Orders(contingent upon credit approval),Educational Institution Purchase Orders,as well as,Local,State and Federal Government Agency contracts. Print Time: 4:35:07PM Print Date: 2/23/2018 Farm code:Quote Page 1 of 1 Page 208 of 736 Good Morning, Thank you for contacting SHI. Included is the quote you requested. If you have any further questions regarding this please feel free to contact me. If you'd like to purchase your quote online,click on the link at the bottom of your quote to retrieve it. Please use the following information to create an account: TOKEN: 16474 ACCESS KEY: rneL Have a great day! Pricing Proposal �4uolatlon N. 04949713 Zescription: iFatpipe Networks Cre n iar-02-2018 Vaiid Until: :Mar-30-2018 City of Boynton Beach FL Inside Account Manager Charles Stevens Sean Carlin 100 E.Boynton Beach Blvd 290 Davidson Avenue Boynton Beach,FL 33435 Somerset,NJ 08873 UNITED STATES Phone:800-543-0432 Phone:(561)742-6079 Fax: 732-868-6055 Fax: Emat Seen—Cariin@shi.com SlevensG bb .us Click here to orderthis quote All Prices are in US IlagUSD) Product Qty Your Price Total 1 Fluke DSX CableAnalyzer DSX2-8000-Network tester kit with 1 Year Gold Support- 1 $11,740.00 $11,740.00 United Slates Fluke Networks-Part#: -8000IGLD Contract Name:Open Market Contract :Open Market 3 in stock Subtotal $11,740.00 Shipping $0.00 Total $11,740.00 Additional Comments Fatpipe Network returns must be pre-authorized before returning.Non-defective products will be charged a 20%restocking fee and must include all original packaging. The Products offered under this proposal are subject to the SN!Return Podicunless there is an existing agreement between SNI and the Customer. Page 209 of 736 C P% 110 onnection we solve IT' SALES QUOTE GovConnection,Inc. Account Execuflw Jarnfe Philpot #24536843.01-W1 732 Milford Road Phone: (800)800-0019 ext.34360 PLEASE REFER TO THE ABOVE Merrimack,NH 03054 Fax: (603)683-1015 OU07E*WHEN ORDER110 Email: jamie.philpot@oonnection.00m Date: 2J2612018 Valid Through: 312812018 Account Manager: Account#: S03303 Phone: Fax: Email: Customer Contact: C-harles, Ste've'ns Phone: (561)742-6079 Email: stevensc@bbfi.us Fax: (561)742-6092 QUOTE PROVIDED TO: SHIP TO- AB#: 13900584 A 1389798 CITY OF BOYNTON BEACH,FLORIDA CITY OF BOYNTON BEACH PROCUREMENT SERVICES DEPT CHARLES STEVENS 100 OYNTON BEACH BLVD ITS DEPARTMENT POBOX 310 100 E BOYNTON BEACH BLVD BOYNTON BEACH,FL 33425 BOYNTON BEACH,FL 33435 1561)742-6411 (561)742-6079 1 DELIVERY SHIP VIA SHIP WEIGHT TER�MS CONTRACT IEW: FOB I Small Pk a Ground Service Levei_L .00 lbs I N�ET 30 NCPA01-44 important Notice: --THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnectlon,Inc.are subject to the Terms and Conditions of our NCPA Contract#NCPA 01-44. Any Order accepted by GovConnection for the items included in this Ouctation is expressly limited to those Terms and Conditions;any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. No other terms and condittans shall apply without the written consent of GovConneclion,Inc.Please refer to our Quote Number in ur order. 14954473 LKA. $ 11J27.67 $ 11,72767 atmblttAl $ 11,727.67 Fee 0.00 -dRipping a Handil ........ ......... Tax Exemptl Page 2 of 2 212612018 Page 210 of 736 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT i E�A1 LBOULEVARDP.O. #: 180815 P.O. BOXTFLORIDADAT 03/19/1$ VENDOR 10342 SHIP O: TO: LOUIS POLICE AND SECURITY EQUI City of Boynton Beach 7815 W 4TH AVENUE POLICE DEPARTMENT HIALEAH, FL 33014 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REOLIISIT6ON NO. ORDERING DEPARTMENT- DATE P RTMENT-DATE NEEDED: SIO O: [COMMISSIONAPPROVED- EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 10. 00 EA DANIEL DEFENSE CUSTOME SBR RIFLE 1219.0000 12190. 00 5. 56 BARREL 10 .3° 91" M4 forward rail, SBR black . ***TO bp, ft6.p.Fed 6.hipped to agency'W R,EMA.R.KS R'lk'LES FOR P.O. : Q:FJOTE DO..NbT MAIL PO. -."; P.D.: WILL SEND TO VENDOR . PROCUREMENT SERVICES. P.O. TOTAL; 12190. 00 ACCOUNT NO. PRQJECT SEE BELOW PURCHASING Page 211 of 736 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT I 100 EAST BOYNTON EACH BOULEVARD P.O. : 180815 T , L0210DA 3 425-031DATE: 03/19/18 VENDOR 1.0342 SHIP TO: TO: LOU'S POLICE AND SECURITY I City of Boynton Beach 7815 W 4TH AVENUE POLICE DEPARTMENT HIALEAH, FL 33014 100 E. BOYNTONBCH. BLVD. BOYON BEACH, FL 33435 w I!f r REQUISITION NO. ORDERING DEPARTMENT: T: DATE NEEDED: BIO NO; COMMISSION APPROVED- EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ---------------------- 7:� ---------------- - --------- PROJECT CC DATE . RFC, ^BY PROJECT AMOUNT -------------------- 0000070931 03/13/18. j?LLCE 10190.00 00121.115216402 0000070931 03/1.3/1$ ' POLICE 2000. 00 00121125216402 sm PROCURE II NT SERVICES: P,O, TOTAL: ACCOUNT NO. PROJECT PURCHASING Page 212 of 736 CO 07 I 1 I ri rf I I 1 C7 O 1 I 1 r1 M I I I \ \ I I Cf} I [+1 M i d o a a 1 I I a a a 1 I I W W I I I Oa a a I 1 H I d50 0 05 Q 1 I N I O $d N I I U] 1 r-I ri 1 1 d I 4 W 1 I U 1 H I 1 sa F7H I I-a 1 I d Pa P® I W I P4P4N 1 1 BAH I W I p I 1 I q 1 e ,1 1 z [-1 1 i 1 O1 H H I 0 O 1 1 N �+ I O O 1 1 I 1 f f+} U I 0 O I I m r1 W i @1 IT I I 000 V3 1 rel ri I 1 1 Cd N I Q I e-2 rl C� I WH ri H I 0 a O a a ar O , a E O coo 4 1 p H • I H �8 L 1 61 N N OC4O 1 O I N 0 1 CV z U1 ri AD 100 0 ® � H H v-A ri H I C3 1 H W 1 H r! i WCd M W 1 1 F74 1130 Ix W p 0 1 O I I z I' W' H p 1 O 1 1 Pd N a I H U H 129 a I 0 I I H orf] q W i H cD N M01 N `tea I 1 1 N Caw i r r z I I Fa W W 1 1 W m m 1 I d H U O [�} I I U p I 1 04 Pa H 1 1 H H 1�7 t3 P:n Ct W P: 1 Ln I qp qP! u 0 M w Mawi FH7 'aH7 I a Iv 0 I H +c � H i �WdW I 14 V Pm ! W W aC O 1 z z W@ H O CWT) CW7 1 z C15 ul 1 W W d -HMH H U [} I EI . .q N I H H I Cly ri Bq W I c .� I '� -ri U •' 1 N N L9 O 0 1 U sd 'CHO 1 0 0 lag PI I S4 Oraw 040 1 'd+ d+ •• p '0 RAO H H W iH- i W b ep i a N O 1 Q O @ H 1 H r-I H 1 4a A ME p N nt U N d 1 a 00 1 Ura ra N H /4 I W= - dV I U o 0 N O i HM E O i A'r0 a O 1 O L # U YnI EI Vf WN i Q ri 6t + cn H I I H i I ra W I I M Page 213 of 736 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1 000 i 3/13/2018 Requesting Department: Police t Zeller Purchase.Explanation for Purchase of new rifles for SWAT team. Replacing 10 yr old rifles Lou'slRecommended Vendor lice Distributor [Pollar Amount of Purchase 12,190.00 Source for Purchase (check anj—attach backup i Three Written Quotations GSA State ContractPRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract umber: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2111-521-64-02 and 001-2112-521-64-02 Department Head Date Purchasing nt Date / Asst City n r Date City r Date b–//J— Form b- //J-FormRevised 02101/02 Page 214 of 736 Lou's Distributors, Inc. Quotation 7816 West 4th Ave DATEMarch 7, 2018 Hialeah, L 33014 Quotation 9 030718-MM Phone(3 5)41 (305)824-9205 MARL(&LOUSPOLICE.COM [[[To. Quotaffonvalid r: 30 Days FB—OYNTON BEACH POLICE DEPT Preparedby. MART ATN- SCOTT STALEY Agency c hayQuote Price I r Exton Sion DANIEL CUSTOM SBR RIFLE5.56 BARREL 10.3' 10 1,219.00 $ 12®190.00 FORWARD I , SBR, BLACK C BE DROP SHIPPEDAGENCY*** LEE TOTAL 12$1 0,00 'Signed Purchase Order andlor Purchase Letter required for ordering along with FL Consumers Certificate of Exemption,where applicable. 'Each type of firearm or ammunition(just-as written on the quote)must be listed on the PO to process. * ov rnrnent Agency}prices do nor include FL Consumers Certificate of Exemption.Certificate merit be provided. 'Signed Dept of Treasury Federal Excise Tax Certificate villi he sent to be tilled out for each manufacturer that requires the forms, 'For name of manufacturer,please name Ilia firearm or ammunition manufacturer.It can be good for up to 3 years. Iof1 Page 215 of 736 Glivis Form to Via F loun Request for Taxpayer D 'e requester.Do not (Fpzv.Dwcomber 2M4) Certification lu b De=11.1101 114 Tr Identiftation Number and Certification Zend to the IRS. ka R ove Vok 1;;,—e No lave blank, I taxes(as shown on your Indwarp tax rvturni.Nouns K reclulred on this line,do LOU'S POLICE DISTWBUTORS,INC 9 iusiness namembar egarded rtrafty name,It dffwonl 60M a Cv a; TExempimes ppl0di rx 3 Check appropriate box for federal lox clefilalitcalikin:ch8ck bray one of the lokcreiraii inner,IxAM 4 certain onflUee(cod ay s ft) SS,cut ludyfidwit;am r 13 0 kid' lap roirclotof or C Crerparalia" O-Z S Corsoricion E) Partnership 0 T1uslfP-qt8l6 instruciflum an page 0 r sIngle-member LLC, Exempt payee co&Of Anyl_ o'J Urrued hablifty comparty,Wet Me Wy if' ion(CC corps teens.S-S corpraflittim,F`=Par"*'shIP)le 10 0 the appioprude box m the lr;7�dor Exernermit from FATCA repo" N*W Fre.a I.t C thal is dexageread,do not ckeck ULC:check code of wilb the tax clarsaficartach of the single-normber owner, Cgvgxw m spaeaM aviriuma WAW*04 U S J 0.1 0 Other(am*Instructions)101 Reoussior"s and address foptional) No 5 address tylummor,sit".and apt.or&vita no) 7815 W 4"E a City,core,end ZIP code HIALEAH,FL 33014 7 List a..11 zubi.)1.11( . at1 Sonum Social _scuorrier her si�'k'L rpurit ur T given If e I to er(SSN).However,for a or�oxrt alIer or)page 3,For orth'. thfitials,it isether,see How to get a 77N an page 3. or r r umber Note,if the account is in rnore then one name,see the Instructions for line 1 and the chart an page 4 far L 21'.reN 1.� 1 lean n-- guidelines on whose number to enter, M26 -E=0 2 Under penalties of perjury,I certify that. 1. The number shown on this farm is my correct taxpayer ideallif ication,irtimber(or I am waiting loo a number to be issued its me);and 2, 1 arn rrol subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a reach of a failure to report all interest or di ds,or(c)the IRS has Trodfied me that I am no longer subjeal,to backup Withyro Wing,and 3. 1 am a U.S.citizen or other U.S,person(def then below):and 4.The FTA caddie)entered an this Isorm(if any)indicating that I am exempt bum FAT CA reporting Is corriNa Geriffcert ion instructions,You must areas out item 2 above if you have been rurfified by the IRS that you are currently subject to backup wilthhoiding because you have failed to report all Interest and dividends art your tax return.For real estate transactions,ItOm 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured prop y,cancellation of debt,contributions to an individual retire roof arrangement(IPA),and litenerally,payments other than intere t ad dividends,you are not required to sign the certification,but you must provide your correct 711 See Me 'kistructicas on page r "a Sign $19noure of r`vI H ere ere UX,person e- State Ga 10 -E(sturstak loan interest),'090-7 'P rLICt •Form I M(hanar 1`11009890 totguill),1098 eneral Instrilictio (fukkni) seassi udwences are to the Wernal Revelius Code Lniess iXhwM$e noted. -Form T099-C icancokia debt) Future devolopmenW,JoloandUari about developments offectirM Form W-9 is a Form I M-A(acquishion cw sbandourtwha cel ujcurod property? as"Itgaurin scooted Fine we release K)Is 81*ww-115,90VIlWif, Use Farm W-9 efily if you Brea U,S.person(including a vaindent alien),to Purpose of For provide yew rXVW1'nN An hdivstual or eplity(Form W-9 requester)who is reclurrear to file an infonnahon Pyou do not ri-ken Form W-9 to the mquirsist with a Trot.Von might be suW1 return wAth ttw IRS ruucl tett your correrA lax iderritificamin number(UN) to backup wAhOkliniZ S69 Make is bsckuP wilitibisailne?On P899 2- Wrtich may he your social securay mare(SSN),individuat ourpsym iderriffication By signing the filled-vUl forlm,you: number(ITIM,adoption taxpayer keonfification number(ATM or employer 1.Certify thal the TIN you are givuV is cortrect(or you we waif"ng lot a number identification cancer(Else),to raped un an vilormalron return the firmuAl paid 10 to be lrrsusru you,or other amount reporlableort an information return.Rearapare of frifoanalkin 2.Codify lual youare scA submA to backup withholdine,Or returns Include,fort are nor liftuigd to,me 10110%reliV �3.Claim exenartion seen bachup withholding 0 you are ora U,8,exempt Payee If -Farm IOOS-KT(interest earned or'Palo) applicable,you are also cedifying trag as a U.S.person,your aftcabsham of -F i boti-bal(ukridendc including those from stocks or critual funds) any parmotship fricarne from a U.S.trade or business is not a 10 the .Form 1099- IS Na#kKm types of ircome,prizes,aveards°or gross procesda vAlthrold`ng lax on foreign partners,sham of eflectively mmecled Imsome,and 4 reart 1099-8(stock or mutual fund sole&and cenain other konsamlonst by 4certify that FAVCA codeb)entered on 019 form id any)Indleallop that you are brokers) ax pt from the FA7CA reporting,is carrect.See vartal is FATCA xacuriftw?,on •F%x-m io99-S iter ads from real sense transact s) page 2 far further infocnation. Fonn 1099-K(meschant card and third party network transactions) m. Cal.No.102 X From`UJ-9(Rev.12-201 4) Page 216 of 736 s ..r, A QUOTE PO BOX#386 St.Petersburg,FL 33731 727-526-5451 WWW.SRTSUPPLY.COM Entered y: HAD Bill o: BOYNTONBEACH(P.D.),THE CITY Ship To: BOYNTON BEACHLI . F 3501 NORTH CONGRESS V FINANCE DEPARTMENTA N: SCOTT STALEY 100 E.BOYNTON BEACHBLVD, P. Boynton Beach FL 33435 Boynton Beach FL 33425 Phone:561-742-6320 Fax:561-742-6185 X83 r 03110/18 03610118 [JPS GROUND * ** QUOTATION *** 10 EA CUSTOMSBRRIFLE 1250.00 12,500.00 DANIEL DEFENSE CUSTOM SER RIFLE —SPECSF BUIL CODE IN LIN E TEXT—* CUSTOM 9" MR FORWARD RAIL SSR, BLACK Subtotal 12,500.00 SHIPPING E 109.00 Tax#: 600411645154C Quote Total. 12,609.00 All Returns Areubje•t to a 15%Restocking Charge ITEMS LISTIJI3 N 1IIS DOCUMENT MAY REQUIRE A UN 17 ST TES C®CIr/E FOR EXPORT.EXPORTING CONTROLLED ITEMS WITHOUT A LICENSE IS PROWBITED BY LAW. PRICES ARE EFFECTIVE FOR 30 DAYS FROM THE DATE OF QUOTE UNLESS OTHERWISE QUOTED. Page 217 of 736 OTE0083543 ' 3/212013 t. GT Distributors ti P.OBox 16080 0111'r . Austin 1 l 451-8298 Ext. 0000 Bii!To: Ship To: Boynton City of (FL) Boynton Beach, City of (FL) tno Accounts Payable100 E Boynton Beach BWd PO Box 310 Boynton Beach FL 33435 Boynton Beach FL 33425 BBPD DD ISL 010643 J{ NET 15 000 1,757,175 IS 10 D® STSM-SBR Daniel DefenseCustom SBR Each $1,310.00 $13,100-00 Custom SS 10.3"Barrel -5 mm, MFR Rail 9.0" t1 returns 13100.00. due Invoices the maximum rate 11 1 0.00 Your salesperson is Jett Ludwig.Thank You. lax10.00 TWO 13,229.50 Page 218 of 736 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH 10 BOULEVARD P.O. #: 180843 P.O. BOX 3 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 03/26/113 VENDOR 7770 SHIP TO: TO: KELLY TRACTOR CO City of Boynton Beach 5460 OKEECHOBEE BLVD WAREHOUSE WEST PALM BEACH, FL 33417 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 REGUMITION NO, 70943 ORDERING DEPARTMENT! JEN DATE NEEDED. BID NQe COMWSSION APPROVED-............ EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA BASE CONTROL MODEL SCISSOR LIFT 11285 . 0000 11285. 00 - SELF PROPELLED GENIE GS-1930. FL. SHERRIF'5...CANT PACT #FSA17-VEH15...0 1 SPEC. #61. .. CITY OF BO. NTON .BEACHTA. X. ID. #sq-666b2n CONTACT NAME, JEN :PACl ELLO: CONTACT PHONE: 561-.7.4 2-6 3 0 9 SEND 'mCOPY O.F.-Poloo c00P@FLSHERIFFS.ORG VENDOR ITEM NO. - GENIE GS 1-9.3 0: 2 EA - ADD: OPTION SCISSOR LIFT ...:63.5.0 .0.000 6358. 00 '8lqtE GS-2632 ra�m VrN'OR ITEM NO. GENIE GS-2632 sm. sm REMARKS: SCISSOR LIFT :FOR FACILITIES. sm ---------- ---------------------- 3-- -- ----------------------------------- P.O. TOTAU----------- 2-7643 . 00 PROCUREMENT SERVICL�s.� -----------..... --- ACCOUNT NO. PROJECT 001-2511-519.64-21 ——------------ ----------------------------------- PURCHASING Page 219 of 736 5 CITY OF BOYNTON BEACHRZQUBST FOR PURCHASE OVER Y 000 W � I Department:1412018 Requesting Materials & Distribution Explanation for Purchase: Purchase r lift Facilities to perform varl through out the year. Req#70943 Recommended Vend r C Dollar Amount of Purchase r 643.00 Source for Purchase (check and attach backup materials): Three Written Quotations F-1 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back KJ u Item Emergency Purchase r Contract u r Sheriff trFSA17-VEH1 5.0 NOTE* Pricing proposal for purchase must be presented in the sernedetall contained wkhln the contracL Purchase.- 001-2511-519-6421tc rt Purchasing Aget Date City r Date City r Date 343 Form RevIsed g Page 220 of 736 co CD an en m rt fn 0 0 N , m k €�7 Ls7 ri H ub co m F+ E+ a a w Ln � Lm7 Al ru p "I rn u j Ls 0 en H m in A �4 an a. , m is �� W U fke a a P K N E-+ N 6-+ i_ 0 C) ra [ H m i o d 0 0 o O Ea U . o o r- i i, t- H wt o >+ 9OD an t E 0 a N , Q o E-t y as H o an ; r E4 HM H t H , H Mme° P pd P,w m m pq rt u H I e,4 E a H a Q 4pxg:F+ H r7 U G-+ 03 V3 0 aw W 0 U �4 H traM U I H r03 m �T apt U U m HU , tri N to w �1 o mm ®r as E. U rn cn ®. Or- CD 4 H 9,-':NnN 0 Ln ei r9 cv N u w £y a H 7 Gi 0 0 0ri r9 Fd H a a 7 [� m U U PGA U €t] Ft U 20 Go H [ rd CQ H03 H N 9 AZ G LN ra Page 221 of 736 Krasnoff, Leah From: Paciello,Jen Sent: Wednesday, March 14, 2018 10:12 AM To: Krasnoff, Leah Subject: Ernailing: Requisition 70943 Attachments: Requisition 70943.pdf Good morning Leah, Attached is the award letter, contract, and quote for requisition 70943,Mike will be sending you the 10,000 form shortly. Your message is ready to be sent with the following file or link attachments: Requisition 70943 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Jen Paciello Supervisor of Materials and Distribution tint Finance/Materials and Distribution City of Boynton Beach 222 N,E, 9th Ave. I oynton Beach, Florida 33435 ry 561-742-6294 561-742-6295 2 PacIeHoJ@bbfl,us 4 http://www.boynton-beach.org/ of] America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. Page 222 of 736 City of Boynton Beach Warehouse Special Order alurcitase,order) 07546 Vendor (Only one vendor per Special Order): Ship lbI- Alto.- Warehouse Emall Confirmation Th: 222 NE 9th Av& Pax Confirmation To: Boynton Beach,FL 33435 Total Cost of Order: $ I'l -(AWS Requesting Department Use W Use Only Description vat6RCID 1310 :S24i E RP-CILi'lAiD Requesting Department &�z e. I&C�141 / ate ' (04 Budget Account 1 -1-!L —4=T0'—A— Project (Use only one accountnumber or r fo h-ecrm) (If applicable) Department Dtor Signature (Signature is required before Fe=bem�processed) Recipient Extension or Cell Phone (The Warehouse wM deliver the order to the recipient) (WH Only)Order placed via: Name DL Reason for placing order- All copies are to be returned to the warehouse when placing an r. OrT Page 223 of 736 gs2632-Ring Page I of I Genic or ftnie Iola s . ry . c n1* 2 . s ' e 28ds9crUR For Safe vAth Pri 1 x 1 a PORM use We i s Relatedimages I ISM- 1 6E.1 , I ' 7 es Related3earchn SdSWAfb=nrdLcanf x 354 re d.taus s sa 10 LN a loss y Feedback httN:/ - cci = = "' AN034 of 736 Protecting,Leading&Uniting—since 1893 FLOP""RIDA SHERIFFS ASSOQIATION 2617 Ma'ban brb.m Tallahaues.Florida 32308 p:(00)877-2165 P.O.Sm 12519-Vlahayskfliarlda 32317-2519 E(8�9).07*-PW YA twMedfik.mg E 13 Date, October 1,2027 To: All Perspective Participants From: Steve Casey,Executive Director Sarrah Glassner, Deputy Executive Director Annette Grissom, CPP Manager Greg Tish,CPP Coordinator Re; Contract Number FSA17-VEH15.0 Cabs&Chassis and Other Fleet Equipment We are pleased to announce that the Florida Sheriffs Association Cooperative Purchasin Y, Program has successfuliy completed Its 25th nationwide cooperative bid for heavy duty trucks and equipment. This contract Is in effect beginning October 13,2017 through September 30,2018. This year's bid includes 78 specifications and 318 makes and modelsL it offers police rated, peclal service, administrative,hybrid vehicles,pick-up trucks,vans,mobility transport and ponce motorcyrJes. The competitive prncess for this award began In January 2017, when stakeholders were surveyed regarding I procurement needs.Specifications were developed based on prior year activity and new additions were added based on survey results and the Fleet Advisory.Committee's review of commodities. On April 10, 2017, a direct notification was sent to 511 prospective bidders to register for, ualification. to participate in the bid process. An advertisement of the Invitation to Bid was placed witiln the Florida Administrative Weekly on June 1, 2017 and again on June 20, 2017. From this Invitation to E id, 103 bidders responded.Of these respondents,72 bidders submitted bids and 70 bidders were awarded after a review by the FSA Fleet Advisory Committee. The Florida SherM Association Cooperative Purchasing Program has followed the Contract Termo and Conditions to procure this contract,and requires that all users,both purchasers and awarded vendors comp ly as well. Contract prices are extended and guaranteed to any local government or political subdivision of I he state,public educational Institutions,other public agencies or authorities with the State of Florida,and entit es approved by the manufacturer to participate in this contract. Out of state sales are permitted under this contract.All purchasers are bound by their local gover iing purchasing ordinances,rules and regulations. All awarded vendors are governed by their manufacturer agreements and the Contract Terms an I Conditions. List of Awards for FSA17-VEHIS.0 Cabs&Chassis and Other Fleet Equipment: Page 226 of 736 ACE Standby Systems AG Pro Companies LLC Alamo industrial Alan Jay Chevrolet Buick GMC Cadillac ±lan Ja h stir Jeep of Wauchula Arned-Recreational SportsLLC AutoNation CDJR Pembroke Pines Bandit Industries Big Bend Chevrolet Buick LLC Bobcat Company CJark Equipment Coggin Ford Container Systems Inc. Cowin Equipment Creel Tractor Company -DeLand Truck Center Inc Doosan Portable Power Duval or LLC Environmental Products of Florida Everglades FerM_Eqalp!nnt ... Federal Contracts Co[p Flagler Construction Equipment,LLC. Florida Utility Trailers Inc. Four Star Freightliner Futch's Tractor Depot L§eneral GMC Trucks Sales and Service General Truck Equipment&Trailer Sales,Inc. GHC m2LOr its Glade&G !jgppLyC LLC Godwin Pumps of America GS Equipment,Inc. Is Truck of Ocala It-S Kelley Buick Inc Kelly rractor Cc Kenworth of Central Florida Kenworth of Jacksonville Kenworth of South Florida Lou Bachrodt Freightliner Maudlin International Trucks Menz!USA Sales, Inc. Mid Florida Diesel,Inc. Morbark,LLC 2 P a g e Page 227 of 736 Nextran Truck Centers Nortray,Inc, Orlando Freightliner Palm Peterbilt Truck Centers Inc. Palmetto Ford Truck Sales,Inc, Pant rogLc�wer. is Pump&Blower Pro Maintenance/Messina Truck Center Rechtlen International Trucks Inc. _KIdge Equipment Cm Inc. Rush Truck Center-Tampa Southern Sewer Equipment Sales Southern States LO-Y-!n—Uq--- Stirs g I Chevrolet Sun State International Trucks Suzuki of Sarasota TarnpaTruck Center Terrain Kittx Texas Trailers Sales and Service Thompson to &Mf&Co.Inc. Tradewinds Power Corp Trekker Tractor LLC Truckmax,Inc. Trucks&Parts of Tampa__ venture Products,Inc. Vermeer Southeast Sales&SerV1Inc. Weedoo Greenboat,Inc. Ze at. r systems 3 P a g a Page 228 of 736 COUNTM5 AKAhmdFfiwh6 FLOMA SHERIFFS ASSOCIATION & FLORIDA ASSOCUTION OF COUNTIES SCISSOR LIFT - SELF PROPELLED SPECIFICATION#67 2018 Genie GS-1930 The Genie GS-1930 purchased through this oontTact comes with all the standard equipment as specified by the x mufacturer for this model and FSM base vehicle speolficatiOu(s)requirements which am Muded and made a part of this contrace i vehicle base Price as awarded by specification by zone. 70NE: Western Nofthern. central outhern cutlgo BASE PRIM —No bid— —No bid— —Nobi d— $1 295.010 While the Florida Sheriffi Association and Florida Association of Counties have attempted to identify and inclu a those equipment ce items most often requeoftd.by participating agencies for full size vehicles,we realize equipment needs and P Cos am going to elate Vary from agency to agency.In an effort to incorporate flexibility into our program,we have created spec! !;d allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add opfloris and their related cost are provided hem to assist you In approxi ruiting the total cost of the type vehicle(s)you wish to order through this program.Simply deduct the cost of aa of the following eq iipment items you wish deleted from the base it cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s)you wish to order. NOTE:An official listing of all add/delcte options and their prices should be obtained from the a 1 in your zone when preparing your order.Additional addtdolete options other than those listed here may be available through the hovmver,those listed here must be honored by the dealers in your zone at the stated prices. 2726 Page 229 of 736 GS-1930 DEALER: KeHyTract)r ZONj&. Western Northern Centnd *South= BASEPRICE., bid-- —No bid®- --No bid-- I l 5.00 00 Testern orthem order Code Delete Options on em 00 Sped f _P ff(3S:.17531,'-,7 Optiousi equiv 07 est-specify p 77 ecify. Western Order Code Add Options °enlral Southern Ioptions are to be discounted below ManufactUrGros Standard tail pricing (MaRp) or manufactuizers published list price for an&7 factory add optlons. Purchasers are encourage to negotiate Pricing or options. Additional discounts for each add option shall be aided by the Vendor. Please refer to the Contract Ternu; and Condition+5 Sec on 2.14 Option Pricing. I I GS-2032 2 Optionni.equipment-specify 5e 002 MODE U $14,190 2 -2632 r �° s -specify " . 2632' R L&T @,fl7, 3 2 3` 6S.2646 Opti=1 equipment-specify rs-2646 smvm LmT @ x17 147 2 -00 PGRADE-TO GS-32463= -3246 �, ._.. �:.s.= : 22p�r tip equipment-specify DISCOUNT 2 20%DMOUNT OFF LZT pNCE ONALL GMUE MODAW AVDFACTORypS 2 ° ° — :WM=tY-SRQw Page 230 of 736 KokyadVOL 1 City of ( 1)742-6309GwIcke ATeMCOMPANY REF: Quote per Florida Sherifrs Association Conbuct#FSA17-VEHIs.0,Specification#67 Genie GS-2632 z *32 ft woddng height •26 ftplatfinrn height inches wide •75 is Overall Height-Rals Folded •Up to 500 N lift capacity •PI 1 7 5 in( 14 It 5 in) al valve braking •Folding rails - ate •Front 1 e d o •36 In extension dock • t cow out URYS ®Dual fwat wheel drive • . - g le gnaRb • wap s ® recessed a e Tilt r ' le alam Rem • t •Smart Link- • Pl at i play h •On-bsystem ® AC p to l attachmentpoints Y ( 5 ) •Imyard •Emergency stop at boffi platkm and ground controls GenieBan Contract Model -13 ..... . .. . . ... .. ... $11,285 Add Option Genie 58 B 2.. . . . ..... ..... . . .. 3 CONTRACT TOTAL GS-2632 $17,643 QUOTE GRAND TOTAL $17,643 FOB City 1 year Electric,3 year Hydraulic, includes: required Aerial Lift Opamtor Safety Training and certificationto 15 PeoPle. Thank you for of our product. Qum is valid for sixty days. Greg Bennett Governmental s Office( ) 360 Cell 2 - Fax(305)477-2024 c tonconvoovemmental1 ES MMUt E R I 17 R nm PhOWILMINR R "Mm 0440M =68M miss= 1 1 t T� 1 7310 l 1 4n Page 231 of 736 PURCHASE ORDER a BEACH,CITY OF BOYNTON FLORIDA PROCUREMENT Vi T T 100 EAST BOYNTONAOX lBOULEVARDP.O. 180853 Y P.O.® FLORIDA 33425-0310 DATE: 03/28/18 VENDOR 16584 SHIP TO: TO: DOER PRODUCTS AND SERVICES IN City of Boynton Beach P.O. BOX 51870 FAST UTILITY ADMIN MYRTLE BEACH, SC 29579 1.24 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 70897 ORDERING DEPARTMENT. UTIL-WW LIFTST .TION/CB a DATE NEEDED. SID O: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST _. 1.00 DL SIEMENS ZABOC ODOR CONTROL 14900.0000 14900. 00 SYSTEM LS #316 Model ZB7000. Glass media8,200: 00 Coconut. Carbon, ::: .: 2. 700. 00 Labor : $4400-00 2 1. 00 DL SIEMENS ZABOC ODOR CONTROL 8400 .0000 8400 00 SySTEi+�!' LS #3.5`:6. Mosel Zg500,0 . la ss.-meda £acaaut Carbon 1, 500 00 Labor 800.'00 Vacuuminq out spent :>media into vauum truck s pplied .by the city. Inspection; of interior support structure. Replacement if required of media rtention screen i cluded. (note: if other repa.i.ra Are needed. they .:can be authorized on a time and . materials basis) . Refill first (bottom) layer with ex,pded silica media (similar .to. Evo a Bio g1 s} . Refill of the.:.top. layer it virgin coconut shell carbon. Clean spray irrigation system. Return system to service and check PROCUREMENT SERVICES: P,Om TOTAL ACCOUNT NO. PROJECT 401-2816-536.46- 1 PURCHASING Page 232 of 736 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 180853 PBOX 310 BOY .O.NTON BEACH, FLORIDA 33425-0310 DATE: 03/28/18 VENDOR 16584 SHIP TO: TO: DOER PRODUCTS AND SERVICES, IN City of Boynton each P.O. BOX 51870 EAST UTILITY ADMIN MYRTLE BEACH, SC 29579 124 E. WOOL13RIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION O. 70897 ORDERING DEPARTMENT: UTIL--WW LIFTSTATION/CB DATE NEEDED. BID NO; COMMISSION APPROVED� EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST flow and nutrient dosing: A follow up visit. 2-4. weeks after return to service is included -tocheck on bio-accli.mation City to provide .vac truck & crane: to r.emove:/replace lid. REMARKS: QUOTE #Q030118A sm ................ PROWREMENT SERVI ��i RO. TOTAL: 23300.00 1:20� .......................... ACCOUNT NO. PROJECT 401-2816-536-46-51 PURCHASING Page 233 of 736 tp I I 1 rl ri I I N 1 1"�ti. 1 7 I i'1 f'1 I I C3 1 �- ! [w 1 1 1 i vW1 i A0 0 0 d tC q81 r r I , ca fel � I'IS 1 I I ri C9 1 Ann,�nl 4,", 1 I [A t 1i 1 i i pYi I r W p 1 . CO co AJ I rl 1 ! In U Loai I 1 m gi, �I Q 1 1 I pa pq E-1 I I w 1pqI h H 1 00 r ' 00 10 OD A I 00 0 I H Alla n iE4 00 I ,' �., fid^ s• o0 94I to M7 i H ;mss r '' A 1menr no r-I I I 1 Flea pp.11 bi H D H I ! I z H A a H 1 1 I H Uj 1 I H 1 1 t I E1 DI 1 I M I to 1 1 H Y i tj QI i 1 H 1 1 rty �j 1 1 H 1 1 H I 1 CSI 1 r I ! 1 1 t H H E-r i 1 dHi�+ I 1 E* r 1 H H H H 1 r 0.N L41 a H f I H H 1 I I 1 f a E-1 1 r H 1 t sH rA I I I I � 1 1 1$ ® 1 I U7 Ln sa Ei H I H- H t 1 r N H 14 e 1 qr I H 1 I I I ri N HR i 1 a I I Page 234 of 736 CD GoI rt H I ' 01 m W I I I 1 ' I ' I I p , r Gx°a I I O I I I I I W I 1 I 1 H I I I I W I I p I ' 1 ' 1 I I I W I H I I I 1 I O Ea u r4 W I I N p P I C3 I H rn I 0 C) �3 I H ° mo f . - 1 U) x I 0 0 0l W 1 a% a M E+ p co m I r� N r1! 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W 8 m m ro d m F4 p E+ H 4 N w rd U PO N 'd U bi O @ •d ri-ri 44 N ? r1 Rr O'F O O Ea 1 iU H v 0'0 •ri E d m 44 m O RI M 4J 3 Pr H H C4 r rA l0 13 p I hSS I -ri a) .0 0)0) W d 00 dt°p EI O H r ri d 00 Z In d 5, U U'd v r 1 ri C d v r-t U is W O O H Fq I W r' m C u U W M m 0$4 V v m� ri id H O d $A-H ri-rl > U rr) U I m d d m O O Re QI rl ri -rl-rl -'qQ Id d `}+d H O to WU A O W m U4 U 04 m 04U d 44 rd W€i 01 13 43 W .0 E 0 0 p E® W I HM ra O m U rn H CO r4 O m an d 0 000 v v v m ri v d v -It v U v] p l Wo 0U'l V3 UUO >m H -,iu 04 E aU U P4 Z 4 m US4 W ar I H W I rn H W I o-4' I Page 235 of 736 CITY OF BOYNTON BEACH 000 RE, 9 9-Mar-18 Requesting Wastewater Lift Stationl Contact Person: Jim Hart Explanation Change out odor control i in the it scrubber units at master stationsREFURBISH SIEMENSTWO . Recommended Vendor Doer Products andis Inc Kc�I—Iar—Arinount of Purchase g 300.00 Source for Purchase (check and attach backup materials): Three Written Quotations KJ GSA State Contract PRIDE/RESPECT SNAPSofSource Piggy-Back Bu et Item Emergency urc er Contract Nur: NOTE: pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source r 401-2816-536-46-51 Approvals: Department Head Date — - Purchasing Agnt Date Asst City n r Date it Manager t Form Revised 02J 1102 Page 236 of 736 REQUEST FOR REQIJISITION H.T.E. 'I `I 0-310912018 H.T.EREQUISITION# 70897 Clerk: CB Procurement Asst: Director: City Manager(non bud t capital and/or$5000+): REASON FOR PURCHASE: Change out odor control media in the air scrubber units t ti REFURBISH TWO SIEMENS ZABOCs ODOR CONT L . VENDOR INFORMATION-. Ili INFORMATION: Name: Doer Products and Services Inc Admin. { ate: 03/09/2018 ASAP ( } Address: 599 Carolina Farms Blvd Engineering Date Needed. 03/2312018 Confirm. ( } Myrtle Beach, SO 29579ust. -_el. ( } ASAP/Conf. Distribution ( } BACKUP DOCS. DELIVERY: SUBMITTED: Phone(contact): 77-337-2640 Water Qual. QuotesNerbal E Admin. 40 ) ovr$500 Pumping { } Quote ri en ( ) E, VVTP 4 ( } over $2000 Vendor Number 16534 PVTrreat. Bid Docs. ( ) W.WrP 42 ( } Meter Sere. Sole Source Ltr. ( } P/U 99 { ) INITIATOR: i tilitie - Mage ( } Insurance Special Instructions: Requirements. Strmwtr. ( } Project Number., uan. Unit Price Description Pert Number Fuad Dept Basic Elern O Amount 1 14,900.00 Siemens Zaboc Odor Control 401 2816 536 46 61 $14,900,00 System LS#316 Model ZB7000 Glass media $8,200.00 Coconut Carbon $2,700.00 Labor $4,000.00 1 $3,400.00 Siemens Zaboc Odor Control 401 2616 536 46 51 $8,400.00 System LS#356 Model ZB5000 Glass media $3,100.00 Coconut Carbon $1,500.00 Labor $3,800,00 Vacu—uming out spent media into vacuum truck supplied by the city. Inspection of interior support structure. Page 237 of 736 The City of Boynton Beach Cltllifies Deparbmw 124E WoolbrightRoad Royaom Bmc,%Mori33435 Phone(561)742-"00 FAX°(561 742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Change t odor control mediait scrubber units masterat stations 316&356. REFURBISH TWO SIEMENSs ODOR CONTROL SYSTEMS. VENDOR#1: or Products and Services Inc. 03/01/2018 CONTACT PERSON: PHONE ® 877-837-2640 QUOTE: $23,300.00 E-voqua 02/21/2018 CONTACT PERSON: Charles Maltby 0-345-3982 QUOTE: $33,6WOO VENDOR#3: Heyward ' ori Inc 2J28/20I8 CONTACT PERSON: Rodney La enc er PHONE NUMBER: 407-948-0334 I' HDRE W BID ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT= Page 239 of 736 H PRCROUCTS A%Vd= SEr-vicm, Nc. PRICE: Per attached schedule Pricing: Station Model Glass Media Coconut Labor Carbon LS9316 ZB7000 $8,200.00 $2,700 $4000 LS#356 Z 500 $3,100.00 $1,500 $3,800 61460.00 Total $23,300 No - City to provide vac truck and crane to remove/replace lid. TERMS: Net 30 Days Price firm for 90 days SIGNED: 599 Carolina Farms Blvd., Myrtle Beach, SC 29579 Toll Free. 877-837-2640 Fax. 845.247.0441 www.doersys.com Page 240 of 736 ff Pnooucvs SEFVOOZIES, INC. DATE:March Ist, 2018 QUOTE#.Q030118A CUSTOMER James Hart City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, FL 33435 SCOPE OF WORK: Provide turnkey services to refurbish two Siemens ZABOCs or Control Systems at the City's pumping stations. Work to include: Vacuuming out spent media into vacuum truck supplied by the city Inspection of interior support structure Replacement if required of media retention screen included. (note: if other repairs are needed they can be authorized on a time and materials basis) Refill first(bottom) layer with expanded silica media(similar to Evoqua BioglassTm) * Refill of top layer with virgin coconut shell carbon * Clean spray irrigation system • Return system to service and check flow and nutrient dosing • A folio visit 2-4 weeks after return to service is included to check on bio- acclimation 599 Carolina Farms Blvd., Myrtle Beach, SC 29579 Toll Free. 877-837-2640 Fax. 845.247.0441 www.doersys.com Page 241 of 736 q) evoQUA WATER TECHNOLOGIES February 21, 2018 Mr. James Hart City of Boynton Beach P 0 Box 310 Boynton Beach, FL 33425 Phone: (5 1) 0 -9123 Email: hartj@bbfl.us SERVICERE, ZABOCSO LOWER AND UPPER BED MEDIA BOYNTON BEACH, FL Evoqua Quote i 1 Dear Mr. Hart, Thank you for your interest in Evoqua VVater Technologies. Evoqua would like to submit the following proposal to provide and install replacement media and carbon for your ZABOCS1 Odor Control Systems. MEDIA The ZABOCS1 units shall be packed with Bioglas, a foamed glass media, is will serve as a substrate for growth the biologically active lower bed. All carbon provided shall be VOCARBO 36C Carbon by Evoqua Water Technologies LLC. VOCARB 36C shall be a virgin, pelletized carbon derived from selected grades of coconut shell suitable for the control of sewage odors. PRICING LO UP-PER CARBON CHANGEOUT LOCATIONIT BED MEDIAT1 BED COST' SERVCE2 (FTa aster 801 000 56 $7,320.00 440 $930.00 $4,300.00 ast r356 -5000 2 $8,215.00 715 1.500.00 4,300.00 t 1 15 Master 316 -7000 167 $11,925. 0 1375 $2,900.00 4®850.00 t CL4 't Master 319 -7000 167 $11,925.00 1375 2,900.00 $4,850.00 4 9. Cost of media and carbon includes freight to Boynton Beach. . City to supply crane, vac truck and media disposal. The Terms and Conditions of the existing contract are considered part of this proposal and shall prevail. Prices o not include any applicable e Should a purchase order result from this proposal, please return the entire proposal, signed whereindicated below, and address the order to: Evoqua r Technologies LLC 2650 Tallevast Road Sarasota, FL 34243 2650 Tallest Rd. Tel:+1(800)345 3982 Sarasota,FL 34243 USA Fax+1(941)359 7985 www,evoqua.com Page 1 of 2 Page 242 of 736 This price associated with this quote will remain in effect for a period of ninety (90) days. If we are not in receipt of an order by the end of this firm price period, we reserve the right to modify the prices quoted. If you have any further questions, please contact me at(941)586-8813. Sincerely, Evoqua Water Technologies LLC C 914aft6y Charles Maltby Technical Sales Representative RE, ZABOCSO LOWER AND UPPER BED MEDIA SERVICE BOYNTON BEACH, FL Evoqua Quote No. Q1 Evoqua will process your order when we receive acceptance of this proposal, by signing below and returning to sheri.whalen l2evogua.co rn or via fax to: (941) 369-7985. Company Name: This--day of Mon'th Year By, Title: P.O. Number. www,evoqua.com 0180221CM1 ftge 2 of 2 Page 243 of 736 Hart, James From: Rodney LaVancher <rodneyl@heywardfl.com> Sent. Wed nesday, February 28,2018 2.44 PM ® Hart,James Cc: Paterniti,Joseph Jr.; Casimir, Charles Subject: RE: Repacking of ZABOCS Units at master Station*356 and#316 Attachments. HIVENT Flyer and Instructions.pdf,IMG-3880.JPG; 1009105jpg;IM _20171027 10006]pg Jim, Since these ZABOCS are not our units we will probably not be bidding on the media. However, I greatly appreciate your contacting me with the offer. I did call you a few weeks back when I was in the area but you were probably busy. I wanted to check on the HIB CS unit at Pence Park to see how it was doing. I ended up driving by there but of course could not get in to check it out. I also wanted to show Boynton each a new passive odor control device we have for lift station vents that is called HIVENT. The HIVENT is a very simple device that mounts on a lift station vent and neutralizes the air as it enters and discharges from the station. It uses NO water or electricity and operates using the fill/pumps cycles of the lift station to pull air in (pumps on)or discharge air(pumps off)to neutralize odors.These have been very effective at controlling H2S and general lift station odors and are getting very popular. I came up with this idea a little over a year ago after customers were contacting me about carbon canisters for controlling odors at lift station vents. I used to sell carbon canisters that sit on top of a lift station vent but found the to be ineffective.They create too much backpressure causing the air to escape around the lift station hatches instead of going through the vent for treatment. I had just invented an or neutralization system called the HIVON (brochure attached)which uses essential oils for odor neutralization and found them to be very effective on odors. I then came up with the HIVENT design and initial testing showed it to be very effective for controlling vent odors.So much so that we applied for and I received a US Patent on the HIVENT.We are still in the infancy of this product but we are getting ready to start marketing it nationwide. We also have a new version of it for controlling odors from ARVs(air relief valves)that we are testing and should have available soon. We make the in 4 and 6-inch models with the 4-inch units costing less than$1,000 and uses less than$255 of HISCENT odor neutralizer per year. For early marketing purposes, I have been handing these out to potential customers on a NO COST demo for a 2 -3 month period.To date we have 51 of them installed have gotten very positive feedback from all installations.Customers who try them end up buying multiple units. St.Johns County has purchased 11 of them,JA in Jacksonville has 5,and GRU in Gainesville has 4 in operation.St.Johns County has now put them into their lift station specs so that any new station or old one that is being rehabbed will have a HIVENT installed on it.They presently have 32 stations in design that will have a HIVENT on each one. We also have them in Tampa,St.Cloud, Citrus County,City of Clermont, Bonita Springs, City of St. Pete, Deltona,Winter Haven, Bushnell,Seminole County, Pasco County, Palm Coast, Cape Canaveral, Escambia County, Brevard County, and Loxahatchee River District in Jupiter. I will be back down in your area on March 21"and 22®d if you would like to look at one or have a potential application you would like to try a HIVENT at NO COST to see how effective they are,just give me a call and I would be happy to drop one off. I have attached information and pictures on the HIVENT for your review. Please do not hesitate to contact me with any questions you may have. Regards, Rodney LaVancher Page 244 of 736 Heyward Florida Inc. 415 Country Club Drive Winter Park, FL 32789 Mobile:407-948-0334 E-mail: Rod neyL@heywardfl.com Wastewater License—"A"4977 Water License—"B"3862 WEBSITES: www.heywardfl.com www.H2Scontrol.com From: Hart,James [mailto:hart@bbfl.us] Sent:Wednesday, February 28, 2018 2:12 PM To: Rodney LaVancher Cc: Paterniti,Joseph Jr.; Casimir, Charles; Hart,James Subject: Repacking of ZABCS Units at master Station#356 and#316 Rodney, The City has funds this year to change out the Upper and Lower media in (2) more of our ZABOCs units.We would like to see if you will send us a quote to have the following units at master stations#356 and#316.The quote also needs to include the labor costs to do both of the units.The City will assist with our VAC-Con truck to remove the existing media so that you do not have to worry about the cost involved with bringing out you own equipment to do that portion of the job. Below is some information about the ZABOCS units that we need to have done: Master station#356 ZABOCS unit Model#ZB-5000 Lower bed holds 62 cubic feet Upper bed holds 715 lbs.of carbon Master station#316 ZABOCS unit model#ZB-7000 Lower bed holds 167 Cubic feet Upper Bed holds 1375 lbs.of carbon If you would like to give us a quote or visit the site and unit please let me know. Thank you, Jim 2 Page 245 of 736 James art Assistant Supervisor Utilities Boynton each Utilities City of Boynton each 124 E.Woolbright Rd. I Boynton Beach,Florida 33435 �. 261-742-6422 SJ bart bbfl.us http:LL%vww.bovnton-beach.o jR_ DO America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me viae ail may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 3 Page 246 of 736 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180865 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 03/28/18 VENDOR 4598 SHIP TO: TO: C GOVERNMENT INC. City of Boynton each 230 NORTH MILWAUKEE AVE ITS DEPARTMENT VERNON HILLS, IL 60061 100 E 13ON BEACH BLVD BOYNTON BEACH, FL 33435 REQLJISITION NO,, 71018 ORDERING DEPARTMENT- ITS ................................. i m D0 Cmm ATE NEEDED„ BID NO: 0-MISSION APPROVED: --......................................... " EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2. 00 F-A LG 65UV340C UV340C SERIES 6511 1458. 0000 2916. 00 CLASS (64.511 viewable.) LED TV VENDOR ITEM. NO.�: 6:5 2 15. 00 EA LG 43UV34.UC .UV3 4:0"C SER.I.E.:S ,: 4.31-1 699. 0000 10485. 00 CLASS . 43" .(4 2: 5n viewable) m? Tw VENDOR ITEM .NO. 43UV340C ' 3 6. 0() EA T. .IPP. . ..LITE.:I)l SP-LAY:::.TV WALL 2 .0 0 0 0 432. 00 bftT. .OR MOUNT ARM Swjerl Til.-t 2611 -.. 55)1..Screep m: VENDdR ITEM NO. " :DWM265 4 16. 00 EATR.1PP LITE HIGHSPEED::M- MI CABLE x:00 128 .00 0.1G.TT.7m VIDEO w/• Audio UHD 4X x 2K M/M 6' 'VENDOR NDOR ITEM NO. - P568-00 G . . . .. . .:..REMARKS: MONITORS FOR NEW ELECTRONIC PLAN:REVIOWSY$TEM QUO tE #JRFJ646 DO NOT MAIL PO - ITS WILL SEND TO V2NDOR :.:. -—---------------------------- ------- ---------------—----------------- PROCUREMENT SEWCES: P.O. TOTAL 13961.00 ---------—--------- ---------- —_------------- ------------- ACCOUNT N . PROJECT 302-4102-580.64-14 IT1801 -----------------——---------------—--------- PURCHASING Page 247 of 736 co 00 1 1 1 0 0 P4I 0 LD In Nco H a4 I r-i co m (N LD nW N i U U 1p I I �05 IV " rq 05 CD 0 Ln 0 I 0 1 CII C) (q Xv Ln 0 1 W I ri rl >4 O ry7 m w I I Ln Ln M > Q 04 4 0 > ZO 1-01 04 MIA E-4 FA VOD FA HH QEa i 0 a C3 n C3 1 > 0 0 0 > 0 C) C) a 0 M MD i r; p u I Lr C19 co 0 0 a ca en N CO M z FA w w 0 Oa I M 1 eri _H _H •H 0 0 0 T H MI 9x fx C4 Z 00 1 Z 0 R E�E� : C) 0 0 0 Is 0 M 0 0 0 C) • C)0 1 9 0 r4 pd0 C) C3 0 w a% : 0 0 0 0 w C) E4 M U 0000 H 'A -1 H r-i U 0 HI H N P4 P4 434 r- M C3 p El r;O� I C) 0 1 In 0) r- H vcn i p I H 0 H 44,V s 43 V V 43 I H A 14 r4 I0 0 ri v C. 14 uE� w 0 0 w w z H E E E e H co I ca W4 W aN I H M Ln X I F44 I I 0 u r-I r_4 H-4 r r_q rq r-i Z P tiv 0 1 M aI 1 U 00 Wo wo w �4 M I I F14 OD:>cc��Go:>co Ip N W : z OHWHWHWHQ Ix 00 C5 p4popopppo ix NH H H H �3 H as rA 1 N LO kr W W 94 pi 0 H H H 0 Q p E Eq z R1 i i E. 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A � 0 H OWUM 0mum N:?rum W+uw I p Fq_ 6410 E'W F1 I H 04 W W H W H r_q M Z 0� > N m 0) m H rq 4 z Page 248 of 736 m co P4 04 r) z 0 P W u > CA 0 CD CD � z OD 1 Fa UVI 0 Opi P4 N tf) P4 0 0 Q 0 04 Q 0 �D 0 pq 04 En C4 U3 0 I r5 41 41 0 41 H H M 0 114 H : EN O 6 to LDH 1 U r I 0 to N-m 0 N : cxiH C). : u4j H H WO x P QAj 0 W 0 00 On Page 249 of 736 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 3/28/2018 I.T.S.Requesting Department: Aaron cirri Explanation rPurchase: Second order of new monitorsfor the NEW Electronic Plan Review1Capital Improvement ProjectI1 1. Recommended Vendor [Dollar Amount of Purchase 13,961 Source for Purchase rl 1 : Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency uresOther Contract Number: (VOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. .Fund Source for Purchase: Project: IT1801 Account: 302-4102-580.64-1 pprovis Approvals: 3Ael ff irDepartment tnr t Date Asst City Manager Date City na r Date Form Revised 02#01/02 Page 250 of 736 PEOPLE WHO DEAR BARRY BRANDENBURG, Thank you for considering CDW@G for your computing needs. The details of your quote are below. Qck here to convert your quote to an order. 1oT QUOTEQUOTErll tlTo4 To 3RF364 3/26/2018 U S 4276733 $13, 1.00 t`sr�E 7 - Mfg. Ty w UNIT PRICE1E ST.PC 'P 2 4708275 $1,458.00 $2sSltC 3401 UNSPSC: 432119012 Contract: NationM IPA Technology,SMutions(130733) 1M 40C_Uy r" - ass_42 5"` l al�la l BPa, is 4708259 $699.00 $10,485.00 Tl Mfg, Pert#= 43UV340C; UNSPSC: 43211902 Contract: National IPA Technology Solutions(130733) a 4 iw P�i t �4 s 10r aly 1.T I# a: 6 3371043 $72.00 $432.00 el Pg. Part : DM2655M UNS PSC: 31162313 Contract: National IPA Technology Solutions(130733) _• 3,,. (1(r. (il,..-P—BMyst p-nP 16 755135 $8.00 $128.00 Mfg, Paart## P568-0106 llNSP,SC: 261 21604 Contract: National IPA.Technotogy SoWtlons t'130733) PURCHASER BILLING 1 .__.�._,_._,._�..�.,.F..._.._..._e. ....�M._� _....__..58°1" "3` 1. NFO Billing Address: SHIPPING a $0..00 CITY OF B43YNTON BEACH,Ft_OR]DA PURCHASING DEPARTMENT -TOTAL $13 X81.£18 100 E B+9'YNTON BEACH BLYJD BOYNTON BEACH,TI.33435.3899 Phones(561)742-5000 Payment Terms,Net 30 Days-Govt State/Local DELIVER T � Please remit payments to: Shipping Address: � CDW Government CITY CP B "YNTON BEACH, FLORIDA 75 Pea lttance Drive SAPRY BPANDSNt URG su to 1515 100 =BCS"YNTON BEACH BLVD Chicago,IL 60675-IRI 5 BOYNTON BEACH, FL 33435-389m� Phone-(561)742-503010 Shipping Method. FEDEX Ground Page i of 2 Page 251 of 736 Newegg.com ShoppingCart Page'lof Home>My Shopping Cart 39 Item(s)in your shopping cart:$14,441.116 Newegg Standard Shipping Service Irnssaf nt5hinnirtn Infc�rtnatsetn. E-j s244.16 Do to H2M]tSAd ] 83pp 6 ft is srac isaP. -9SR6®Fi1Cu7j Save:45.48% !�f1 il�taurn^cii wr {$15.26e&) SPECIALPROMOTi t. 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Follow on To unsubscribe from promotional emails click here Page 254 of 736 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES 100 EAST BOYNTON ACH BOULEVARD P.O. #: 180866 FLORIDAPOBOX BOYNTON BEACH, 33425-0310 DATE: 03/28/18 VENDOR 1389 SHIP TO: TO: HARDRIVES OF DELRAY City of Boynton Beach 2101 SOUTH CONGRESS AVENU EAST WATER PLANT DELRAY BEACH, FL 33445 1620 S. SEACREST BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO, 70950 ORDERING DEPARTMENT: UTIL L. LIPERUS/MR DATENEEDED: 610140. COMMISSION PPROVED3 EXTENDED LINE# QUANTITYUOM ITEM NO. AND DESCRIPTION I COST COST 1 15000. 00 DL EXCAVATE AND PLACE SLUDGE 1. 0000 15000 . 00 MATERIAL IN designated stockpile area. Price includes mobilization,. . � is `also'.:ban the premise that the dra4. l xiecan be ',left: on ' t@ when of in use ar will be removed once .comp 'et , LE required. REMARKS REMOVAL & STOCKPILE OF SLUDGE MATERIAL FROM; EWTP. QUOTE DATED 3/7/18 .........._...�............... _. __...... -- PROCUREMENT SEWCES.S: 7 P.O. TOTAL:-� 15000.00 ACCOUNT NO. PROJECT 401.-2611-536.49- 7 PURCHASING Page 255 of 736 w w i I M 1 Ln 0 .4 cq rrb 1 1 H I U1 1 13 U H I Ln Ln p I a1 H H Od)) CI 0 1 M In 01� m C> r% NC3 0 0 Cd 0 0 10 to HM OC7 ii i u 41 I M,21 0 i$9 P4 Ix Id r- ew JE. 18H H 1 Oj ta 14 Eq L MI"wol. lug 940 U -a cis'w 0I in Z. H M4JiA�B H RE 0 H I OI UA I �C2 CP 14 8 tie] M414i 0 IH sod H Page 256 of 736 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10;000 Date: 15-Mar-18 Requesting Department: Utilities-PWT East Contact Person: L. Liberus Explanation for Purchase: Removal and Stockpile of Sludge material from East Water Treatment Plant. Source for Purchase (check and attach backup materials): Three Written Quotations KJ GSA State Contract PRI SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number. NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2811-536-49-17 r Approvals: pprovis im P Duepartment Head Date ?,k C.- k k rcha q rt r P c Si unc sing- Agent Date Asst it Manager Date 7 City Manager Date Form Revised 02/01/02 Page 257 of 736 0 SITEWORK 0 ASPHALT PAVING 0 ROADWAYS 0 PARKING AREAS CONCRETE WORK RIVES9 INC. 109 00TH CONGRESS AVENUEPHONE t_ 278-0456 LR S . RIDS 33445-7398 FAX 1-27f March47 QUOTATION ,� 1 T n C Melissa ,Administrative Associate Boynton Utilities Phone: 1)742-6451 124 E.WoolbrightEmail: . s Boynton Beach, FL 33435 NAME OF PRQJECT-• Removal and StockpileI ril L Boynton East Water Treatment Int, Boynton Beach,FL PLANS AND SPECIFICATIONS: As Described I FURNISHWE PROPOSE TO LL LABOR,MATERIALt FOLLOWING: Excavate I c sludge materialin designatedi 1 Priceincludes mobilization; a v r, It is also based on the premise that the dragline can be left on site when not in use,or will be removed once complete, if required, The price this Quotation is valid r 30 days. Thank . ACCEPTED I L ,INC. TE: QV k_� Date: W.Allen Poston,Vice President 1ARDRIVES CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCKCONSTRUCTED 'o r steering and fast starts will damage asphalt We Cannot be held responsible after completion afthisproject. Grass and weeds will grow through halt.Th mtroI of there Is the responslibiky of the owner of the property. suvees signed acCeptance win constitute a blndft ContracL In the event there Is any default in nymants due under this contract and the some Is placed in the hands of an attorney for collection,the purchaser and/or purchasers agree to pay all Cost of :011ection,including a reasonable aftorneys fee. Page 258 of 736 Page 1 of 1 ACCM& CERTIFICATE OF LIABILITY INSURANCEx 9/ 9/ 03.7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LY AND CONFERSNO RIGHTSP THE CERTIFISTHOLDER.THIS CER`DFICATE DOES NOT AFFIRMATIVELY TIS LYOR T R THE C AFF Y T FL,IIES BELOW. I T IFIC T F l CE T i1 TIT . T T T H I 1 Its (S), UT REPRESENTATIVE OR PRODUCER, THE CERTIFICATEHOLDER, IMPORTANT: IF the certificate hoI r Is ars ADDITIONAL INSURED,the policy(les )must have ADDITIONAL INSURED provisions or be eta If SUBROGATION IS 1 ,subject to the terms and Conditionsf the policy. certain policies may require an endorsement. A statement on this certificatern t cola r rl the certiffeate holder Irl lieu of such endorsement(s). PRODUCER C � E: Willis of Florida, Inc. PHONE 1-97'7-9$"S-7378 FAX C N�a5-088- 67-2378 c/o 36 Century Sled P.C. Ban 305191 A DR. 0, CertifiCatCOGWilliB-COM Nashville, TH 372305191 USA INSURER(S)AFFORDING COVERAGE WAIC INEURERA: Zurich American Insurance company 16533 INSURED INSURER 8- American Guarantee and Liability Insurance 26247 Hardrives of Delray, Inc, aba Uprdrivge, Iso. Attns Steve fillemak INSURERC, 2101 a. Congress Avenue INSURER D Delray ?3aach, FL 33945 INSURER E n INSURER F COVERAGES CERTIFICATE NUM •w3MM REVISION THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED)BELOW HAVE BEEN ISSUED THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTNTHISTANDING ANY REQUIREMENT, TR R C ND17I N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VMICH THIS CER71FICATE MAY DE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PCLJCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CLLISIONS AND CONDITIONS OF SUCH l S.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DLT E OF INSURANCE aDL UHR POLICY NUMBER MPCLf a E PCL LIMITS COMMERCIAL E LIABILITY I EACH OCCURRENCE $ 1'000_®000 C EOCCUR PREMISES Ea! 1 300,000 A MEC EXP ft am Damon) 8 5,000 Y GL® 0185301-02 10/01/2017 10/01/2018 PERSONALINJURY 6 11000.000 EN'LAGGREGATE ITAPPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY Z JERC_ LOC PRODUCTS-CD P}CP AGO $ 2,000,000 H AUTOMOBILE LIABILITY COMBINED SINGLE UNLIT $ 11000,000 (FA NPOOPM ANY AUTO BODLY INJURY(P ) AUTOS ONLY SCHEDULED 0185300-a2 10!01{2017 10!01/2018 BOMY KJURY( ) AI ®ONLY AC ONLY R PE $ $ UMBRELLA LIAR EAOCCUR H OCC NC L$ C $ a LE AGGREGATE $ Dan NT S WORKERSPENSATI N 8TR I ER U PLOYS L SI- 1,000®000 A RIET PNE E Y P N E.L FI CI<)EMF $ }CE EMBER U a MIA tl15S65361 10/01!2017 10l01f2018 (Mai In KH) E.L.DISEASE a EA EMPLOYEE $ 1,000,000 tI6d-rhe Linder 8 IP'fIDM OF OPERATIONSE.L.DISEASE CE-POLICY LIMIT $ 1,660.000 DESCRIPTION CP OPERATIONS i LOCATIONS I VEHICLES(ACORD 901,Addlional Remadw Schedule,may be affachad If mom smqukvQ Certificate Holder is included as an Additional Insured as respects the General Liability policy as required by written contract. CERTIFICATE L FR CANCELLATI SHOULD ANY OF THE ECYE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE FIRTH THE POLICY PROVISIONS. City of Boynton Beach AUTHOR1290 REPRESENTATIVE Atte: Risk Management P. M. Box 310 Boynton Reach, Lei, 33035 1985-2015 TI II rights . ACORD 25(2016103) The a and logo are registered marks of ACORD Page 259 of 736 SR ZD, 151. 1 : 460833 REQUEST FOR REQUISITION H.T ENTRY DATE: 03/15/2018 H.T.E. H.T.E.REQUISITION# 7 Clerk: ProcurementAsst: Director: Cts Manager(stun bud Lm Ltal and/or$5000+2-i REASON FOR PURCHASE: Removal and Stockpile of Sludge material from East Water Treatment Plant. VENDOR INFORMATION: DI VISION: T . Name.- arddrive , Inc ire. ate: 03814120`18 ) Address: 2101 CongressateNeeded: 031301201 Confirm. Delray each, Florida Cost, el. } ASAP/Conf. DistributionDELIVERY: SUBMITTED:SHE Phone (contact): W.Allen Poston Water cal, € of erbal € drain. 40 over 500 561®276-045 rain € } ote rittn € ) T 1 € ) over $2000 Vendor ber:15 Treat. ( ) id Doss. € T 42 Meter ere. Sole Source Ltr. € ) P/U 99 1 1 . L. Liberus, Chief Operator Sewage ) Insurance Special Instructions: Requirements: APPROVED- I tr .r. Project ber: nan. Unit Price DesAAon &Part Number Fund Basic Elern bAmount 1 15,000 Excavate and place sludge material in 401 2811 536 49 17 $15,000 designated stockpile area. Price includes mobilization, it is also based on the premise that the dragline can be left on site when not in use, or will be removed once nom le, if required. TOTAL 401 2811 536 1 $15,000 Page 260 of 736 The City of Boynton Beach 'es est 1241~ Ww1bdght Road Boynton!4 ch,RopW Flop' 33435 Mone(56l)742 FAX-(561742-6298 OFFICE OF THE DIRECTOR OF UTILLITIES QUOTATIONS ITEMS REQUESTED: Removal and Stockpile of Sludge material from ast Water Treatment Plant. VENDOR # ® Harddrives, Inc 03171201$ CONTACT PERSON: W. Allen Poston 561-278-0456 $15,000.00 Dev-Land DemolitionSite, hic 2112/201 CONTACT PERSON: 1 Deveaux PHONENUMBER: 561-585-637 $34,560.00 VENDOR #3: Start 02/26/2018 CONTACT PERSON: No Response/No Quote PHONE NUMBER- ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 261 of 736 ® Demolition & Site, Inc. 11240 Brandywine Like Way Phone: (561)585-6370 Boynton Beach,Fl. 33473 Fax: (561)732-0106 PROPOSAL M it of Boynton Beach Project: Sludge Pond Excavation Project Attn: David Boynton Beack Ff. 'Me folloving proposal is submitted for your review and acceptance and consists of: A) SLUDGE POND EXCAVATION/DIMENSION OF EXCAVATED AREA APPROX. 100' WIDF.,25' DEPTH, 175' II APPROX. 16,204 CUBIC YARDS. B.) EQUIPMENT USAGE APPROX. 3 % WEEKS. Eqtdpment needed: 1. Long stick excavator 150.00 per hour. 2. Front end loader 90.00 per hour. TOTAL PROPOSAL: $34,560.00 Submitted FebrugMI2,2018 by: e4d Dw"we Carl Deveaux President Accepted by: Date: Page 262 of 736 Notes: 1. Payment Arrangement: Payment in&LI yjLon receipt of invoice. Initials STATE OF:Florida COLNTY OF- Palm Beach Swom,to and subscribed before me this of ................................................--.-.........................................js personally known to me or pn)vide the io' w-i'n-g'...id-e...n"t,i c at i o n_ Notary Public State of Florida My commission expires. Page 263 of 736 User: Cuesta,Juan Organization: City of Boynton Beach Logout DEMANDSTAR by ONVIA MAIMMS- View 1 8uIW,8 roadcast Lt'at Quote Details Quote Number AA013 Quote Name LAGOON DREDGING Broadcast Date 2/6/2018 10:52:09 AM Eastern Date Due 2/1312018 1:00:00 PM Eastern Delivery Requirements None specified Shipping Notes None specified Additional Specifications None specified Insurance 8 Additional Banded and Insured. Requirements Terms 8 Conditions None specified Status Notes Broadcast List No Filtered Commodity Codes View Documents View Suppliers Line Items -�_ e ®#dub uo e v Supplier City Attributes Programs Response Status Quote Total ( lei- Ob C Ile 1�P i Actions Subtatals will be rounded up to the nearest cent EJ ElernandStar is a product of Onvia,Inc. (c)1 2010 Tonns of Use I privacy I.Agal Page 264 of 736 M Fat ommanes No m4NwjwvuKcsE=m Account Balance Inquiry Fiscalyear, 2010 Account number: 40128115364917 Fund: 401 WATER&SEWER OPER FUND Department: 26 UTLITES Division: 11 PUBLIC WATER TREATMENT State actIvIty. 53 PHYSICAL ENVIRONMENT out acovIly: 6 WATERISEWER CONIII,SRIS Moment 49 OTHER CURRENT CHOS Object: 17 OTHER CONTRACTUAL SRVS Budget 326.500.00 Encumbered arnourd, 76.125J3 Pro-encumbered amount: .00 Expenditures, 252,592.86 Total experwiftures: 328,686.59 Balance, Requisclon number. Re*dIffloned by'. Requisition account amount: 0000070950 UTIL L.LMERUSM No mwmm- I---------------4 Page 265 of 736 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 100 EASTBOYNTON BEACH LV P.O. #: 180871 Y BEACH, FLORIDA 33425-0310 DATE: 03/30/18 VENDOR 8623 SHIP O: T0: RANGELINE TAPPING SERVICES INC City of Boynton Beach P.O. BOX 210155 EAST UTILITY ADMIN ROYAL PALM BEACH, FL 33421 124 E. WOOLBRIGHT ROAD BOY ON BEACH, FL 33435 REQUI6IT00 I 140Q 7051.3 ORDERING DEPARTMENT: UTIL ENGINEERING TP DATE NEEDEDBID Into: COMMISSION APPROVED: F EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA DATE OF SERVICE: 12/18/2017 33930 . 0000 33930.00 20" DOUBLE LINESTOP CIP WM REMARKS: CONFIRMING :PURCHASE ORDER VQIC$ .1N4FL-257687 1 EMERGEi�TCY.:SERVICE T4' REPAIR A :20" A'IR MAIN B12EAT�.'P.T 310 S. SEACREST,;;BLj. BOYNTE:?i�7 BCH. PROCUREMENT ttE( 'Im 6 R 9OE5: _ P.O. TOTAL 33930.00 ACCOUNT NO. PROJECT 401-2810-536.46-47 PURCHASING Page 266 of 736 42 u r-1 g.,D C> 4n m RI 1 fn rq P4 M t t% to cc IE-4 rn M fRto V4 • ne a E4 )4 H 04 rd 9 10 104 EVHI i t ll M B It E-1 14 F N i Zr W4 I t3 H i4 1 -0 IU ul Q 14 M C4 E-4 HZ popEll co tq IPA v qF aH. M 0 W alU I LA EHI 0 N H rA E. 0 m Nix Page 267 of 736 CITY OF BOYNTON BEACH REQUEST FOR PUP-CHASE OVER $101,000 Date: 2-Jan-18 Requesting Department. Utilities Water Distributi. Contact Person: Charies CasimIr Explanation for iiRangePurchase:perfbrmed n emergency serviceit a 20" inch water main break at 310 S. Se acrest Blvd. Boynton Beach. B . Three Written u State Contract PRIDEIRESPECT SNAPS e Source d Emergency r e EX3 Oftr Contract r. e rtm Derpartment Head Date i urchasing Asst Cfty Manager to City Manager Date Form ReAnd 1102 Page 268 of 736 t rd' . ( d EELTXDawto City Eirmois70513TPraft REASON FOR PURCHASE. Emergency Repair inch Water Main Break on December 18,2017,at the Location of 310 S.Seacrest Blvd. Requesting k is ownpletc Invoice d FL-257687-1 Name: Rangeline TappkV Servioes Admin. Date, 1/=18 ASAP M P,O Box 210155 n Confirm. Royal Palm Beach, FL 33421 Cuot Rol. f Dk*jbuWn BACKUP DO . Phone( n F BK Water Qual. (X) Quotes/Verbal E.Admin. 40 r ra. iin rr _ i0,vor Oml Phorye; 1� 1 1 In u ! n ( 1 (over Vendor Number 8623 Bid DowW-W 42 „ Meter"Serv. Sole SourceL . PIU 99 INMIATOR. CharlesCasimir,Interim sewage ( Insurance ( Special Inst Field aradon-mandak" usernentw APPROVED: strmwtr. m Unit Pr l3asic Elamart r it 1 1 1 1 $33,930.00 1 10 636 46 47 $33,930.00 L6 EIS TOTAL 1 2810 Page 269 of 736 The City of Boynton Beach i Of])7 T OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Emergency repair servim on 20 inch water main break located at 3 10 S. Seacrest MY& VENDOR #1: Rwgeline Tapping So-vices, C. 12/'21/2017 CONTACT PERSON: BK 1-800-346-5971 33,930.00 CONTACT PERSON: VENDOR#3: CONTACT PERSON: PHONE NUMBER: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 270 of 736 RANCELM t '� Invoice { - Rangeline Tapping SemIces,Inc. i INVOICE I fl P.O. I=V2017 01 SE S-1 Royal Pahn Beach,FL 33421 Ph i-900,346-5971 561-799-211.1 CIO of Boynton b P.O.NO. 124 E,WoolbrWA Rd. Boynton Beach,FL 33435 TERMS DUE DATE TECH JO B NAME SALES REP wet 30 1/20/2018 0DBlvd MM ITEM QUANTITYDESCRIPTION U DawofSe"ice: 12/11=7 0 DLS 1 0'Double LinesWp CIP WM 33,930.00 33,9300 RECEIVE C WLMES Total $33.930.00 E-mail Web Site Payments/Credfts $0.00 ° Ilawwwangane-mm Balance Due $33,930.00 Page 271 of 736 6.M. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Legal Expenses- March 2018- information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Outside counsel has not provided all March 2018 statements to Risk Management and therefore some February 2018 statements may be included. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 272 of 736 ATTACHMENTS: Type Description D Attachment Summary Goren General March D Attachment Goren Cherof Doody & Ezrol PA March 2018 1 nvoices D Attachment Summary Goren Risk March D Attachment Goren Cherof Doody & Ezrol PA Risk Litigation Overisight Invoices for March 2018 D Attachment Summary Outside Counsel Risk March D Attachment Other counsel invoices for March and April 2018 Page 273 of 736 Goren, Cherof, Doody& Ezrol, P.A. - March 2018 General Legal Costs Retainer-General Matters onsite office hours agenda item review pre-mtg commissioner mtgs commission mtg followup commission mtg contract review, code issues group homes, NOI research 90.8 Hours 17,500.00 Labor-general 2,021.40 Red light camera 678.95 Special Fire Assessment 0.00 Unsecured Creditors of Tribune 287.00 Memorial Park Replat 250.00 Litigation 3,322.90 Model Block Right of Way 123.00 Regions Bank(Germain, Cedyl) 0.00 Olen Properties Corp 1,075.75 HSBC Bank(Murray, Paul &Willie Mae) 0.00 Chandler, Nancy(RIC MAN) 209.90 Ditech Financial (Sainfleur, Felix) 0.00 FNMA vs Fils, Mikel Jean 0.00 Predelus, Love (HUD Complaint) 9,268.45 Reed, Gernard (Deutsche Bank Foreclosure) 0.00 Po Ying Sem,Trustee (Stanley, Edmund) 143.50 Wells Fargo (FPM Properties) 0.00 Nationstar Mtg (Meeks, Richard &Takeeta) 0.00 Secured Holdings 0.00 US Bank Trust (Luoto, Kaija) 0.00 Town Square 34,301.85 Purchase of Parry Village Util Syst 82.00 HUD Housing Discrimination 4,243.50 Villa Del Sol Condo Assoc 0.00 Riverwalk Development Agt 471.50 Bank of NY Mellon (Henry, Ivey) 0.00 FNMA(Dysch,Jeremy) 0.00 6th Ave RW Ded BBCRA 0.00 The Crossings of Boyn Bch Condo 411.75 US Bank (Jackson, Alissa) 82.00 Purchase of Col Est Utility System 0.00 TOTAL General Legal Costs-March 2018 74,473.45 Page 274 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603180 Boynton Beach FL 33425 STATEMENT NO: 19623 Attn: Lynn Swanson LABOR- General HOURS 03/08/2018 SHB Receive and review various correspondence re: recreation matters; follow up with JAC. 0.80 03/14/2018 SHB Follow up re: Melo pre-d matters. Continued review of"Draft" investigation summary for Woods matter. 2.30 03/20/2018 SHB Continued review of"draft" investigation summary prepared by Oldbury. Transmit comments to Oldbury. 3.00 03/22/2018 SHB Various correspondence re: Melo pre-determination conference. 0.60 JAC Call with J.O. and preparation re: Melo Pre-D. 1.00 03/23/2018 JAC Attend Melo Pre-D with LL; follow up research. 2.00 FOR CURRENT SERVICES RENDERED 9.70 1,988.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.00 $205.00 $615.00 SHANA H. BRIDGEMAN 6.70 205.00 1,373.50 Photocopies 32.90 TOTAL EXPENSES THRU 03/31/2018 32.90 TOTAL CURRENT WORK 2,021.40 BALANCE DUE $2,021.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 275 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603370 Boynton Beach FL 33425 STATEMENT NO: 19624 Memorial Park- Replat 02/21/2018 Chicago Title Insurance Company- Invoice 6787344 250.00 250.00 TOTAL ADVANCES THRU 03/31/2018 250.00 TOTAL CURRENT WORK 250.00 BALANCE DUE $250.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 276 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 19625 Attn: Lynn Swanson Red Light Cameras HOURS 03/01/2018 SHB Follow up re: $50 settlement payments. 0.30 03/02/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 0.70 03/12/2018 MDC Review N/appeal (Bacardi) 0.20 03/22/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.10 FOR CURRENT SERVICES RENDERED 3.30 676.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.20 $205.00 $41.00 SHANA H. BRIDGEMAN 3.10 205.00 635.50 Color photocopies 1.05 Photocopies 1.40 TOTAL EXPENSES THRU 03/31/2018 2.45 TOTAL CURRENT WORK 678.95 BALANCE DUE $678.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 277 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9001821 Boynton Beach FL 33425 STATEMENT NO: 19626 Attn: Lynn Swanson General Matters HOURS 03/01/2018 FLN Call with Mary DeGraffenreidt re: to security deposits and city special events agreements. 0.30 JAC Agenda item review and approvals; insurance renewals; review SB and FN assignments -transition. 3.10 SHB Finalize resolution re: gun restrictions.Follow up re: pending agenda items. Discuss PRR matters with staff. Follow up re: May Law code matters. 2.50 03/02/2018 SHB Receive and review various emails from Mary Law; discuss with JAC and Woods. Draft correspondence to Law's attorney, Carl Cascio. Telephone conference with Woods re: agenda item re: vacant property registration. Email LPR agreement to Dan Reeb pursuant to Sgt. Hawkins request. Receive and review DAVID PRR; various discussions with police legal advisors. 3.00 JAC Onsite office administration and review of pending mail/memos; agenda preparation. 3.20 03/05/2018 JAC Onsite office administration; QPOD wrap up and notations; attend CMLT; review agenda items and prepare for meeting. 2.70 DNT Review Blighted Grant Agreement with SWA. 0.60 SHB Meet with FLN re: pending matters; review various files. Follow up re: Mary Law matters. Follow up re: Bruny criminal case. 2.00 03/06/2018 DNT Review Blighted Grant Agreement with SWA. 0.60 JAC Onsite; prepare for and attend Commission meeting. 6.50 03/07/2018 SHB MOV-Michael Robert Wilson - attended hearing at Delray courthouse. PRR-conference call with statewide police legal advisors re:: DAVID prr request. 4.50 03/08/2018 SHB Code- Receive and review correspondence re: liens at 3643 SE 2nd Street, Boynton Beach, FL 33435; follow up with City staff. Multiple telephone conferences with re: public records request for David records with police legal advisors, Dunkiel, Matson. Follow up with Triestman and the Hartford re: contract matters. 2.30 MDC Review budget calendar, telephone call with Tony Davidson. 0.30 Page 278 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 19626 General Matters HOURS 03/09/2018 DNT Telephone call with Gary Dunmyer re: need to dedicate city owned property as right of way. 0.40 JAC Case assignment review re: assistant city attorneys and review pending records issue. 1.20 SHB Attend Chronic Nuisance Review Team meeting at City Hall. 3.00 03/12/2018 SHB Discuss Mary Law inquiries with JAC; send fourth response to law re: code case. 0.70 03/13/2018 JAC Onsite; review pending matters and assignments; conference with DCD re: arts commission. 5.00 03/14/2018 JAC Agenda preparation; call with C. Romelus re: HUD; election issue and Town Square. 2.70 SHB Code: Follow up with City staff re: Mary Law code violation matters. PRR-follow up re: Mary Law PRR matters. Follow up with Pierre re: lien matters. 1.30 03/15/2018 JAC Research tax issue on lease. 0.70 03/16/2018 JAC Agenda review and preparation. 1.70 SHB Follow up re: PRR email search matters. 0.30 03/19/2018 SHB Attend Executive Team Meeting at City Hall. Attend Strategic Plan review meeting at City Hall. 4.00 03/20/2018 SHB PRR-follow up with PD and Clerk's Office re: Merris Badcock requests. Respond to Badcock Follow up re: Mary Law PRR email requests Code: Various correspondence with Cascio and Code re: requested explanation of Code orders. 2.00 JAC Onsite - prepare for and attend Commission meeting -follow up re: misc. procurement issues. 7.00 03/21/2018 JAC Meeting follow up; review development agreement/Sky re: notice; review employment letter issues and health client contract. 2.20 03/22/2018 DNT Review status of execution of Riverwalk documents; review request to transfer CRA property to City . 0.50 JAC Review case assignments and status of litigation matters; misc. conference with Assistant City Attorneys. 2.90 03/23/2018 DNT Review and process conveyance of CRA property to City in Model Block. 0.40 JAC Onsite office administration; review pending issues and assignments. 2.60 SHB Follow up re: code ordinance amendment matters. 0.10 03/26/2018 JAC Office administration and related personnel issue review; agenda review; follow up on budget preparation issues. 3.70 DNT Review request to foreclose liens on 1102 north federal; review request to convey CRA property to City in model block. 0.60 Page 279 of 736 Page: 3 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 19626 General Matters HOURS KLE Review email and related documents re: foreclosing on 1102 N. Federal Code Lien, conference with David. 0.80 03/27/2018 JAC Onsite office administration; review file records re: retention and move; prepare for and attend P&Z Board; derelict vessel issue. 4.40 SHB Follow up with Laverriere re: RPO matters. 0.10 03/28/2018 JAC Agenda preparation; research fire code revisions. 2.20 DNT Telephone call with Ken Dodge re: conveyance of property to CRA for Town Square Project and other property matters. 0.50 SHB Transmit FCIC/FCIC instructions for RPO matters to Chief Harris for review. 0.10 03/29/2018 SHB Follow up with Conboy re: status of payments from Pelican Pointe Condo. Review correspondence re: Mary Law Code Case; follow up with City staff. Discuss chronic nuisance matters with Woods. 0.40 JAC Agenda review and approvals; end of month review of assignments; call Colin re: Hypoluxo agreement; online review- pleadings - pending case; review Skye issue. 4.00 DNT Review telecommunications ordinance. 1.00 MDC Review agenda items per JAC. 0.30 03/30/2018 IS Conference with JAC re:: derelict boats 0.40 JAC Finalize review of agenda items; reminder to CG re: Hypoluxo. 2.00 FOR CURRENT SERVICES RENDERED 90.80 17,500.00 TOTAL CURRENT WORK 17,500.00 BALANCE DUE $17,500.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 280 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904908 Boynton Beach FL 33425 STATEMENT NO: 19627 Attn: Lynn Swanson adv. Unsecured Creditors of Tribune Company HOURS 03/09/2018 BJS Review correspondence and draft follow up e-mail re: Amended Complaint 0.80 03/28/2018 BJS Review correspondence re: Settlement and e-mails 0.60 FOR CURRENT SERVICES RENDERED 1.40 287.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 1.40 $205.00 $287.00 TOTAL CURRENT WORK 287.00 BALANCE DUE $287.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 281 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904936 Boynton Beach FL 33425 STATEMENT NO: 19628 Attn: Lynn Swanson adv. Olen Properties Corp., et al HOURS 03/01/2018 JAC Preparation re: PBA annual; misc. calls and emails. 0.90 03/02/2018 JAC Prepare for and attend annual meeting of QPPOA. 2.50 03/06/2018 JAC Follow up re: POA issues. 0.50 03/21/2018 JAC Review status and proposed orders and emails re: same. 0.80 03/28/2018 JAC Review case status and preparation re: Cross-Claim response. 0.30 FOR CURRENT SERVICES RENDERED 5.00 1,025.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.00 $205.00 $1,025.00 Photocopies 50.75 TOTAL EXPENSES THRU 03/31/2018 50.75 TOTAL CURRENT WORK 1,075.75 BALANCE DUE $1,075.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 282 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 19629 Attn: Lynn Swanson Litigation Miscellaneous HOURS 03/01/2018 FLN Worked on foreclosure file closures; sent related emails to Code staff on status of liens. 0.70 TAD Receipt and review of notice of claim (Philson) and incident report re: same. 0.30 03/02/2018 TAD Meet with City re: status of claims. Review information on property claim issues. 2.40 03/05/2018 TAD Review meeting notes re: items to follow up on and prepare outline of issues and direction from City. Prepare correspondence to City re: meetings. 0.40 03/06/2018 TAD Telephone conference with City re: correspondence from former officer. Review case law and statute re: request for payment from former officer. Prepare correspondence re: same. 1.30 03/07/2018 BJS Review letter re: Will and Personal Property with follow up legal research 0.60 TAD Meet with City re: status of litigation and claims. Review claims for property damage. Receipt of correspondence from adjuster and City re: sewer damage claims and information on insurance. Receipt of correspondence from property owners re: damage from vessels and confer with City re: same. 3.30 03/08/2018 BJS Teleconference with Det. Joseph and follow up re: Probate/legal research 0.70 03/09/2018 BJS Review police reports and begin draft Motion to Determine Property 2.00 03/12/2018 BJS Teleconference call re: Powlenko re: Items held in evidence and revise Motion to Determine Ownership of Property 1.30 03/13/2018 TAD Receipt and review of correspondence from Clty re: potential claim and information on same. 0.20 03/14/2018 BJS Review new forfeiture matter and draft follow up correspondence 0.40 03/15/2018 TAD Telephone conference with City re: subpoena. Prepare correspondence to Clty re: response. 0.60 03/19/2018 BJS tice of Hearing and coordinate with counsel re: Service of the Notice of Page 283 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9904950 STATEMENT NO: 19629 Litigation Miscellaneous HOURS Hearing 0.50 03/26/2018 TAD Receipt and review of correspondence from City re: Gesner claim letter. Receipt of letter, accident report and SIR. Receipt of additional correspondence from City re: cam information and prepare response to same. 0.50 BJS Review correspondence and follow up re: Pawlenko 0.30 03/27/2018 BJS Review new forfeiture, review police reports 0.30 03/28/2018 BJS Draft follow up correspondence re: Powlenko/Notice of Hearing, forfeitures 0.30 FOR CURRENT SERVICES RENDERED 16.10 3,300.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 6.40 $205.00 $1,312.00 TRACEY A. DECARLO 9.00 205.00 1,845.00 FARAH L. NERETTE 0.70 205.00 143.50 Photocopies 22.40 TOTAL EXPENSES THRU 03/31/2018 22.40 TOTAL CURRENT WORK 3,322.90 BALANCE DUE $3,322.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 284 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905018 Boynton Beach FL 33425 STATEMENT NO: 19630 Attn: Lynn Swanson City of Boynton Beach Model Block Right of Way Acquisition HOURS 03/22/2018 KLE Review documents from CRA re: transfer to City, conference with David. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 285 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905019 Boynton Beach FL 33425 STATEMENT NO: 19631 Attn: Lynn Swanson adv. Chandler, Nancy (RIC MAN) HOURS 03/01/2018 TAD Receipt and review of correspondence from outside counsel re: trial setting and expert review and report. 0.30 03/13/2018 IR Receipt and review of two Notices of Taking Depositions of expert witnesses, in advance of trial scheduled for May 28, 2018 trial docket; reviewed Defendant's Request to Produce to Plaintiff filed with the Court this date. 0.30 03/22/2018 TAD Receipt and review of correspondence from counsel for the City re: releases. Prepare correspondence to City re: information requested. Review firm information re: response to outside 0.50 FOR CURRENT SERVICES RENDERED 1.10 201.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TRACEY A. DECARLO 0.80 205.00 164.00 Photocopies 8.40 TOTAL EXPENSES THRU 03/31/2018 8.40 TOTAL CURRENT WORK 209.90 BALANCE DUE $209.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 286 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905248 Boynton Beach FL 33425 STATEMENT NO: 19632 Attn: Lynn Swanson Purchase of Parry Village Utility System HOURS 03/12/2018 DNT Review status of Parry Village agreement and information that will be required at time of closing. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 287 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905260 Boynton Beach FL 33425 STATEMENT NO: 19633 Attn: Lynn Swanson HUD Housing Discrimination-Group Homes Moratorium HOURS 03/01/2018 SHB Prep for Investigator on-site visit; schedule meetings with City staff. 0.30 03/06/2018 SHB Additional preparation for HUD investigator meetings. Meet with City staff. Assemble and review additional documentation provided by staff. 4.00 03/09/2018 SHB Prep for HUD investigator in-site interviews 2.00 03/12/2018 SHB Discuss investigation matters with JAC. Telephone conference with JAC and Lenson re: city representative availability for interviews. Follow up with City staff re: additional documentation requested by investigator. 1.50 03/14/2018 SHB Final prep for meetings with Investigator Lenson. 3.00 03/15/2018 SHB Interviews at City Hall with HUD investigator and City staff. 4.50 03/16/2018 SHB Meetings and interviews at City Hall with HUD investigator. 4.50 03/19/2018 SHB Follow up re: conciliation matters. 0.30 03/22/2018 SHB Follow up re: scheduling conciliation. 0.30 03/29/2018 SHB Follow up re: pending matters; contact investigator re: availability for conciliation. 0.30 FOR CURRENT SERVICES RENDERED 20.70 4,243.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 20.70 $205.00 $4,243.50 TOTAL CURRENT WORK 4,243.50 BALANCE DUE $4,243.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 288 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905263 Boynton Beach FL 33425 STATEMENT NO: 19634 Attn: Lynn Swanson Town Square Development HOURS 03/01/2018 RLL Attend telephone conference call with DJD and Jeff Bahnsen to discuss third amendment to phase I services agreement; order title work on fire station and police station property. 0.80 DJD Telephone conference with legal counsel for E2L; continuation of review of JKM documents. 1.70 JAC Continue preparation re: documents for 3/13. 2.00 03/02/2018 DJD Multiple phone calls; review of documents. 6.40 JAC Continue document preparation re: Phase 2 and related issues; misc. calls. 1.20 03/03/2018 DJD Review Master Development Agreement and Development Agreement. 1.50 03/04/2018 JAC Review and notate all agreements; prepare process chart for conferences with Commission. 2.50 DJD Continuation of review of Development Agreement between CFP and E2L; review ground lease. 1.80 03/05/2018 JAC Review documents for 3/13 Special Meeting; misc. conference calls with City and Development Team; preparation with DJD re: financial and other safeguards. 5.00 DJD Continuing review of documents; telephone conference with principals; telephone conference with Bond Counsel for CFP; participate in conference call; review JKM Documents. 6.20 03/06/2018 DJD Review JKM documents, email city staff; review comments from Colin Groff; review revised Phase 11 services agreement. 3.20 JAC Prepare documents and Resolutions; review ILA. 3.60 03/07/2018 JAC Prepare transaction documents and agenda items; conference with DJ and conference call with attorney. 5.50 DJD Telephone call with Kate Stangle; telephone call with counsel for JKM; review emails. 5.80 03/08/2018 DJD Telephone conference with Kate Stangle; telephone conference with counsel for JKM, review emails. 4.50 JAC Prepare for, attend and follow up on briefings with Commissioners; prepare transaction documents; email with attorneys re: same. 8.00 JAC Onsite office matters; review bid documents; review mail and memos. 1.00 Page 289 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 19634 Town Square Development HOURS 03/09/2018 JAC Document and agenda preparation; misc. calls re: open issues. 5.60 DJD Review documents; address agenda related matters. 4.60 03/12/2018 RLL Organize file and file copies. 0.80 DJD Address status of documentation ; telephone conference with Dan Nelson, Esquire ; telephone conference with Kate Stangle; telephone conference with Jeff Banson, Esquire ; transmittal of email to counsel for JKM. 6.30 JAC Review and revise transaction documents; conference with DJD. 2.20 03/13/2018 DJD Review revised JKM documents; telephone conference with Counsel for JKM, review insurance related comments from City Staff; prepare for and attend City Commission meeting. 7.30 JAC Continue preparation for meeting and revise documents; attend Special Meeting. 4.50 03/14/2018 DJD initial review of sublease; post meeting follow up. 1.80 JAC Follow up on meeting and document approval. 1.90 03/15/2018 DJD Address next Steps; telephone conference with Kate Stangle, Esquire; telephone conference with Dan Nelson, Esquire; initial review of lease. 2.60 JAC Continue refinement of transaction documents; conference with DJD re: same. 1.20 03/16/2018 RLL Meeting with DJD to go over documents and items needed for completion. 0.50 DJD Review JKM document, exchange of emails with Stephen J. Grave De Peralta. 3.50 03/19/2018 RLL Review several emails and their respective attachments and organize into filing system; update file diagram; meeting with DJD to review JKM documents; attend conference call with DJD and Jeff Bahnsen; attend conference call with DJD and Dan Nelson. 3.50 JAC Preparation re: request to sign documents; misc. calls and emails re: same. 1.00 DJD Review JKM Documents; telephone conference with Colin Goff; telephone conference with Stephen Grave De Peralta; review revised documents; telephone conference with Dan Nelson; telephone conference with Mayor Grant; review documents from Ms. Stangle. 5.80 03/20/2018 RLL Order title searches on fire station property and on high ridge property. 0.50 JAC Review signed docs and preparation re: missing exhibits. 0.70 DJD Address issue of dispute resolution; review emails from Colin Groff; review email from Kate Stangle; telephone conference with Jeff Bahnsen; telephone conferences. 3.80 03/21/2018 RLL Review signed JKM documents and list missing information to be completed; contact counsel for JKM and request notice language for City to be inserted in documents; contact client to follow up with legal descriptions needed for property to be sold to JKM. 2.00 JAC Continue document preparation and review. 1.00 DJD Review executed documents; email from Colin Goff. 1.50 03/22/2018 RLL Telephone calls to and from Julie Oldbury regarding questions on Page 290 of 736 Page: 3 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 19634 Town Square Development HOURS temporary leases; attend telephone conference call with DJD and counsel for CFP regarding items in Master Development Agreement; review closing document index and due diligence checklist from CFP counsel; work to obtain copies of appendices to Master Development Agreement; monitor emails regarding revisions to documents; update document diagram. 2.20 JAC Continue document preparation and exhibit discussions. 1.70 DJD Review Due Diligence checklist and closing document index; Telephone Call with Kate Stangle, Address issues related to eviction and DB contract. 3.30 03/23/2018 RLL Attend telephone conference call with DJD, JAC, city manager and assistant city managers to discuss items of due diligence; follow up with counsel for JKM on revised notice paragraphs for JKM documents; prepare list of follow up actions. 2.00 JAC Follow up calls and preparation on master documents; review with DJD and RL re: document control; research DB contract issue - enforcement options. 2.70 DJD Address issues related to E2L; address issue of eviction in lease facilities agreement, address exhibits. 3.20 03/26/2018 RLL Contact Lynn Swanson for copy of completed signature page of Phase II services agreement; work to complete notice paragraphs on all JKM documents. 1.00 DJD Address checklist items; telephone conference with Jeff Bahnsen; Review Status of exhibits to documents; review leases. 2.50 03/27/2018 SMS Reviewed contracts for any missing documents; reviewed lease and sublease agreements with redlines in insurance provisions; telephone conference call discussing due diligence checklist and post conference call meeting regarding build/design contract. 2.40 RLL Work to assemble certain documents with signature pages and attached exhibits; revise document diagram; attend conference call with DJD, JAC, City, bond counsel and other parties involved in project to discuss open items on due diligence checklist. 2.50 JAC Conference call re: bond check list; follow up re: Phase 2 issues. 1.80 DJD Review executed documents; review leases ; participate in conference call; Address status of JKM. 3.70 03/28/2018 RLL Meet with DJD to discuss issues with payment of real property taxes in sub-leases; research default language to include in sub-leases; provide copies of documentation requested by bond counsel. 1.30 SMS 1) Reviewed DBIA standard forms 2) reviewed forwarded emails regarding redlines 3) reviewed lease and sublease agreements for insurance redlines 4) Call and email with Colin regarding DBIA 5) meeting regarding property tax exemption on lease 1.30 JAC Review document status and leases with DJD; review title issue. 0.40 DJD Telephone conference with Kate Stangle; receipt of emails from Colin Goff, and Keith O'Donnell; revise sublease ; telephone conference with Keith O'Donnell; review letter of Intent for 209-211 Seacrest Blvd. 3.20 03/29/2018 SMS Review of Emails with Mark and Colin concerning DBIA contracts 0.30 RLL Work with bond counsel and client to complete all appendices for Master Development Agreement; request authorization for Steve Collins to sign on behalf of CFP; work to obtain copy of signed resolution approving the Page 291 of 736 Page: 4 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 19634 Town Square Development HOURS execution of the Master Development Agreement and forward same to bond counsel; finalize signatures on JKM documents and forward to counsel for JKM; attend telephone call with DJD and Colin Groff to discuss leases for City; prepare list of documents and what is needed to complete each one. 2.70 DJD Continuation of lease review; telephone conference with Colin Goff; review email and distribution list from Dick Ward. 4.30 03/30/2018 SMS Call to Property Appraisers Office about rebate of property taxes on lease by the city 0.40 RLL Telephone call from Dan Nelson to discuss dates for the completion of the master development agreement; emails to and from bond counsel to correct appendix B-1 to master development agreement. 1.00 JAC Review emails and documents re: leases/subleases; review Town Square CRA transfers. 0.90 DJD Continuation of revisions to the leases. 3.40 03/31/2018 SMS Email to Luke Mittner regarding possible property tax exemption for leasehold interests 0.10 FOR CURRENT SERVICES RENDERED 171.60 33,514.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 54.40 $205.00 $11,152.00 D.J. DOODY 91.90 205.00 18,839.50 SEAN M. SWARTZ 4.50 205.00 922.50 RACHEL L LEACH 20.80 125.00 2,600.00 Color photocopies 8.40 Photocopies 779.45 TOTAL EXPENSES THRU 03/31/2018 787.85 TOTAL CURRENT WORK 34,301.85 BALANCE DUE $34,301.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 292 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905275 Boynton Beach FL 33425 STATEMENT NO: 19635 Attn: Lynn Swanson adv. Predelus, Love (HUD Complaint) HOURS 03/01/2018 SHB Prep for Investigator on-site visit; schedule meetings with City staff. 0.30 03/06/2018 SHB Additional preparation for HUD investigator meetings. Meet with City staff. Assemble and review additional documentation provided by staff. 4.00 03/07/2018 SHB Discuss witness matters with JAC. Telephone conference with Lenson re: witness requests for subpoenas. Telephone conference with Mayor Grant. Call to Casello' correspondence to Casello. Correspondence to Grant. 2.00 03/08/2018 SHB Follow up re: various interview matters. Discuss email records search with IT. 0.70 03/09/2018 JAC Preparation re: conferences and documents. 1.70 SHB Prep for HUD investigator in-site interviews 2.00 03/12/2018 JAC SB and JAC conference call with Investigator; preparation re: process and interview. 2.20 SHB Discuss investigation matters with JAC. Telephone conference with JAC and Lenson re: city representative availability for interviews. 1.50 03/13/2018 SHB Various correspondence with City staff re: documents requested by HUD. Assemble meeting minute packets; follow up with Grant and Casello. 0.80 JAC Prepare for conference with investigator; discussion with LL and SB re: same. 0.70 03/14/2018 JAC Conference with SB; preparation re: upcoming interviews; document review; update research for supplemental response. 3.70 SHB Final prep for meetings with Investigator Lenson. 3.00 03/15/2018 JAC Preparation and calls with SB re: interviews and related issues; misc. research of records. 2.50 SHB Interviews at City Hall with HUD investigator and City staff. 4.50 03/16/2018 JAC Onsite for HUD interviews; follow up discussion and review. 8.00 SHB Meetings and interviews at City Hall with HUD investigator. 4.50 03/19/2018 SHB Follow up re: conciliation matters. 0.30 Page 293 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905275 STATEMENT NO: 19635 adv. Predelus, Love (HUD Complaint) HOURS 03/22/2018 SHB Follow up re: scheduling conciliation. 0.30 JAC Call with Commissioner and follow up re: case position; conference with SB re: conciliation and preparation for same. 1.40 03/23/2018 JAC Document and permit status review. 0.40 03/29/2018 SHB Follow up re: pending matters; contact investigator re: availability for conciliation. 0.30 03/30/2018 JAC Review all from MA attorney and check background. 0.40 FOR CURRENT SERVICES RENDERED 45.20 9,266.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 21.00 $205.00 $4,305.00 SHANA H. BRIDGEMAN 24.20 205.00 4,961.00 Photocopies 2.45 TOTAL EXPENSES THRU 03/31/2018 2.45 TOTAL CURRENT WORK 9,268.45 BALANCE DUE $9,268.45 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 294 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905279 Boynton Beach FL 33425 STATEMENT NO: 19636 Attn: Lynn Swanson adv. Po Ying Sem, Trustee of the Po Ying Sem Trust (Stanley, Edmund) HOURS 03/19/2018 SHB Review file. Draft and file Answer to Amended Complaint. 0.70 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 295 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905283 Boynton Beach FL 33425 STATEMENT NO: 19637 Attn: Lynn Swanson Riverwalk Development Agreements HOURS 03/05/2018 DNT Review revisions from city staff re: declaration of restrictive covenants. 0.50 03/06/2018 DNT Telephone call with Michael Weiner re: declaration of restrictive covenants; telephone call with Mike Rumpf re: declaration of restrictive covenants. 0.80 03/07/2018 DNT Revise Declaration and transmit to Michael Weiner and Mike Rumpf. 0.60 03/28/2018 DNT Review status of riverwalk documents. 0.40 FOR CURRENT SERVICES RENDERED 2.30 471.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 2.30 $205.00 $471.50 TOTAL CURRENT WORK 471.50 BALANCE DUE $471.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 296 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905305 Boynton Beach FL 33425 STATEMENT NO: 19638 Attn: Lynn Swanson adv. The Crossings of Boynton Beach Condo Assn. (Delva, Juckel, et., al.) HOURS 03/02/2018 SHB Discuss pending matters with FLN and Ivette. Prepare Fair Debt and Property Value letters. Prepare and file Answer and Cross-Claim. 2.00 FOR CURRENT SERVICES RENDERED 2.00 410.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 2.00 $205.00 $410.00 Photocopies 1.75 TOTAL EXPENSES THRU 03/31/2018 1.75 TOTAL CURRENT WORK 411.75 BALANCE DUE $411.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 297 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905309 Boynton Beach FL 33425 STATEMENT NO: 19639 Attn: Lynn Swanson adv. U.S. Bank National Assoc. (Jackson, Alissa et., al.) HOURS 03/29/2018 SHB Prepare and file Answer to Complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 298 of 736 Goren, Cherof, Doody& Ezrol, P.A. - March 2018 Risk Cases Jean-Baptist, Kevens 0.00 Kimsey, Erin (MVA) 214.00 Ford, Sharron(Negligence arrest) 61.50 Andrews, Spencer, v Haugh, Vincent (BBPD Emp) 0.00 Mina, German (Slip & Fall) 0.00 Gregory, Mola (Slip & Fall) 2,472.80 Oldham, Dana (fall) 413.15 Robinson, Bennie(False Arrest) 0.00 Galindez, Dennis(Slip& Fall) 8,701.12 Caliskan, Hasan(MVA) 0.00 Jenkins, Gail & Leon(Demolition) 5,732.00 Venegas,Jesusa 1,394.00 Blutcher, Pamela (MVA) 6,964.85 Goldman, Barry(Bike/grate accident) 5,024.85 Finz, Stephanie(Slip & Fall) 738.00 Occius, Facilia (P/NG Will-Marc Eugene) 0.00 Broberg, Leif Complaint(2015) 0.00 Novick,James (MVA Public Works) 0.00 Wade, George(auto accident) 3,421.20 Davila, Danielle (Police) 0.00 Caliendo, Giovanni & Emily(Code Violation) 0.00 Bolt, Barbara Dilger(MVA) 897.00 Ryan, Rona Id(whistleblower) 8,845.90 Readon,Jayden, Estate of(police chase) 1,745.00 Estime, Robens (Police Deadly Force) 61.50 Meyer,Tamara (MVA) 123.00 Ortiz,Jade (personal injury) 0.00 Clemens,Jennifer(Personal Injury) 0.00 Basinski, Donna (MVA garbage truck) 0.00 Novick,James (MVA Public Works) 0.00 Philson,Tammi A(PI-Carolyn Sims) 205.00 Floering, David & Barbara 61.50 TOTAL Goren,Cherof Risk Legal Costs 47,076.37 Page 299 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905029 Boynton Beach FL 33425 STATEMENT NO: 19567 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO HOURS 03/29/2018 TAD Prepare correspondence to outside counsel re: meeting and receipt of response to same. Confer with city re: meeting issues. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 300 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905064 Boynton Beach FL 33425 STATEMENT NO: 19568 Attn: Lynn Swanson adv. Kimsey, Erin (MVA) Billing Category 18-RLO Claim#001470-000228-AB-01 HOURS 03/06/2018 TAD Receipt and review of correspondence from outside counsel re: offer and trial setting. 0.20 03/07/2018 TAD Receipt and review of correspondence re: claim information. Prepare correspondence to outside counsel re: analysis and receipt of response to same. Review information in file re: incident and claims. 0.60 03/23/2018 IR Receipt and review of multiple court filings, in advance of trial. 0.40 FOR CURRENT SERVICES RENDERED 1.20 214.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.40 $125.00 $50.00 TRACEY A. DECARLO 0.80 205.00 164.00 TOTAL CURRENT WORK 214.00 BALANCE DUE $214.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 301 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 19569 Attn: Lynn Swanson adv. Gregory, Mola (slip&fall) Billing Category: 18-RLO Claim#001470-000341-GB-01 HOURS 03/05/2018 IR Receipt and review of executed Request for Transcript of Tax Returns, Form 4506-T for years 2011 through 2016 from Plaintiffs counsel; prepared email to TAD regarding same and tickler to receive returns within 30 days of the request; reviewed trial order regarding discovery cutoff dates and other trial deadlines in March, 2018. 0.90 03/06/2018 TAD Telephone conference with plaintiff counsel re: status conference. Receipt of documents from plaintiff re: motion to compel. Prepare proposed order on motion to compel and status conference. 0.60 03/07/2018 TAD Attend hearing on motion to compel and status conference. Receipt of documents from plaintiff re: response to discovery. 3.70 03/08/2018 IR Receipt and review of response to City of Boynton Beach's Subpoena Duces Tecum for employment records from Triumph Staffing; updated witness tracking chart accordingly and noted potential new subpoenas to issue; 0.30 03/09/2018 TAD Receipt and review of revised trial order. Prepare correspondence to City re: same. 0.30 03/12/2018 TAD Prepare notice of filing returns of service. Receipt of returns of service on employers and medical providers. 0.30 03/15/2018 TAD Receipt and review of correspondence from expert re: issues. Prepare response to same. Review subpoena and information on service re: same. 0.30 03/22/2018 IR Preparation of medical records chronology and summary of records, from records received from subpoena duces tecum; updated Trial Witness Tracking chart, memoranda relating to which records custodians still owe City of Boynton Beach responses to subpoenas; reviewed online court docket, to retrieve most current trial filings by both parties; calculated due dates of due dates in subpoena duces tecum of records from Plaintiff. 5.90 TAD Telephone conference with plaintiff counsel re: issues with deposition. Page 302 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905066 STATEMENT NO: 19569 adv. Gregory, Mola (slip&fall) HOURS Prepare correspondence to Trodilla and Lestrange re: depositions. 0.30 03/23/2018 IR Preparation of summaries of records received pursuant to City of Boynton Beach's Subpoena Duces Tecum; 0.80 03/26/2018 IR Preparation of Trial Order Outline, from Order Granting Plaintiffs Motion to Continue and Resetting Jury Trial and Directing Pretrial and Mediation Procedures, entered by Judge Lisa S. Small on March 7, 2018; continued summaries of records received from subpoena duces tecum of February 2018 and responses thereto; continuation of updates to Trial Witness Tracking chart regarding same; 2.10 03/27/2018 TAD Receipt and review of correspondenc from Tordilla and Lestrange re: depositions and prepare notices of cancellation. 0.40 FOR CURRENT SERVICES RENDERED 15.90 2,459.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 10.00 $125.00 $1,250.00 TRACEY A. DECARLO 5.90 205.00 1,209.50 Photocopies 13.30 TOTAL EXPENSES THRU 03/31/2018 13.30 TOTAL CURRENT WORK 2,472.80 BALANCE DUE $2,472.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 303 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905069 Boynton Beach FL 33425 STATEMENT NO: 19570 Attn: Lynn Swanson adv. Oldham, Dana (fall) Billing Category 18-RLO Claim#001470-000346-GB-01 HOURS 03/07/2018 TAD Receipt and review of correspondence re: release and payment. Prepare correspondence to Clty and adjuster re: release. Prepare correspondence to plaintiff re: release. Prepare stipulation and order of dismissal. Prepare final disposition sheet. Receipt of correspondence from plaintiff re: medicare payment and prepare correspondence to adjuster re: same. 1.30 03/09/2018 TAD Receipt and review of correspondence from adjuster re: medicare payment information and review information. Prepare correspondence to Plaintiff re: same. 0.30 03/13/2018 TAD Receipt and review of correspondence from plaintiff counsel re: stipulation and stipulation. Prepare letter to court re: stipulation and proposed order. Prepare correspondence to plaintiff re: same. 0.40 FOR CURRENT SERVICES RENDERED 2.00 410.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.00 $205.00 $410.00 Photocopies 3.15 TOTAL EXPENSES THRU 03/31/2018 3.15 TOTAL CURRENT WORK 413.15 BALANCE DUE $413.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 304 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 19571 Attn: Lynn Swanson adv. Galindez, Dennis (slip&fall) Billing Category: 18-RLO Claim#001470-000330-GB-01 HOURS 03/01/2018 TAD Receipt and review of correspondence from plaintiff re: motion in limine. Receipt of correspondence to judicial assistant and review of response to same. Review case law from plaintiff re: motion in limine. Receipt of correspondence from the Plaintiff re: renotice of hearing and prepare response to same. 2.80 03/02/2018 TAD Meet with City departments re: documents responsive to duces tecum request. Meet with clerk re: pre-deposition conference and review of records. Receipt of order setting hearing on plaintiffs motion in limine. Revise correspondence to the Court re: City's motions to include additional information. Prepare correspondence to plaintiff re: deposition and receipt of response to same. Prepare correspondence to Ramsey re: air conditioning personnel for person with the most knowledge deposition. 3.60 03/05/2018 TAD Receipt and review of correspondence from plaintiff re: additional depositions and prepare correspondence to City re: same. Attend deposition of City's records custodian. Confer with Plaintiffs counsel re: trial issues. Receipt of plaintiffs response to motion in limine. Receipt of correspondence from clerk re: deposition and prepare response to same. Receipt of correspondence from City re: personnel with knowledge for depositions and trial. 5.60 03/06/2018 TAD Revise all trial subpoenas for police officers for current trial period and prepare correspondence to City re: same. Prepare revisions to non-party trial subpoenas. Review additional case law re: motion in limine hearing. 3.40 03/07/2018 TAD Prepare response and objections to 9th request for production. Prepare correspondence to City re: information on witnesses. 0.50 03/09/2018 TAD Receipt and review of correspondence from workers compensation attorney re: status and prepare response to same. Prepare correspondence to court re: hearing and case law. Review additional case law re: motion for summary judgment issues. 2.30 Page 305 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 19571 adv. Galindez, Dennis (slip&fall) HOURS 03/12/2018 TAD Receipt and review of correspondence from process server re: IeBlanc subpoena. Prepare response to same. Review discovery responses to plaintiff re: response to request for additional depositions. Review trial exhibits re: trial setting. 1.60 03/13/2018 TAD Receipt and review of correspondence from plaintiff re: additional depositions. Review case law cited by plaintiff in opposition to motion and prepare for hearings on motions in limine. 2.80 03/14/2018 TAD Receipt and review of correspondence from plaintiff re: additional depositions. Receipt of plaintiffs Memorandum In Opposition to City's Motions in Limine and correspondence re: same. Review case law and prepare for hearing on Motions. 3.80 03/15/2018 TAD Telephone conference with trial witness re: trial subpoena and resetting. Receipt of correspondence from witness re: same. 0.30 03/16/2018 IR Conferences with TAD regarding dates for trial, from live calendar call on March 16, 2018 and conferences regarding special set hearing this date; listed new trial dates to prepare for same on calendars and conference with litigation team pertaining to same; online review of docket, if court orders were entered from hearings this date. 0.30 TAD Attend calendar call. Attend hearing on motions in limine (issue not reached) Receipt of plaintiffs motion to disqualify and affidavit. Confer with Plaintiff counsel re: motion for summary judgment. Review additional case law re: claims for hearings on motions. 5.30 03/21/2018 IR Receipt and reviewed Plaintiffs Response Opposing City of Boynton Beach's Renewed Motion for Summary Judgment [with multiple exhibits], for special set hearing of March 26, 2018; retriveved online court docket. 0.70 03/22/2018 TAD Receipt and review of amended motion to recuse with supporting documentation. Prepare correspondence to City re: trial and motion to recuse. Prepare correspondence to trial witnesses re: trial setting and receipt of response to same. Prepare:correspondence to City re: motion for summary judgment. Receipt of correspondence to court re: amended motion. Review jury instructions re: discussions with plaintiff re: proposed instructions and changes to same. 3.10 03/23/2018 IR Review online court docket, to ascertain whether the Court entered an order on Plaintiffs Motion and Amended Motion to Disqualify the Judge Goodman, in advance of Monday's special set hearing on Defendant, City of Boynton Beach's Renewed Motion for Summary Judgment; prepared hearing package for TAD for court on March 26, 2018; legal research Plaintiffs opposing citations and shepardized same, as well as shepardized the City's Renewed Motion for Summary Judgment, in advance of Monday's hearing. 2.30 TAD Prepare correspondence to the Court re: hearing on the City's Motion for Summary Judgment and prepare response to same. 0.30 03/30/2018 TAD Receipt and review of personnel file for Kelley and prepare outline re: same for depositions. 1.30 Page 306 of 736 Page: 3 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 19571 adv. Galindez, Dennis (slip&fall) HOURS FOR CURRENT SERVICES RENDERED 40.00 7,936.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 3.30 $125.00 $412.50 TRACEY A. DECARLO 36.70 205.00 7,523.50 Color photocopies 61.60 Photocopies 466.55 TOTAL EXPENSES THRU 03/31/2018 528.15 03/02/2018 ASAP Courier- Invoice 245263 124.43 03/09/2018 ASAP Courier- Invoice 245263 99.54 223.97 03/16/2018 Parking -TAD 8.00 03/16/2018 Parking -TAD 5.00 Parking - 13.00 TOTAL ADVANCES THRU 03/31/2018 236.97 TOTAL CURRENT WORK 8,701.12 BALANCE DUE $8,701.12 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 307 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905093 Boynton Beach FL 33425 STATEMENT NO: 19572 Attn: Lynn Swanson adv. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim#001470-000382-GD-01 HOURS 03/01/2018 TAD Receipt and review of notice for trial and correspondence to court re: same. Prepare correspondence to plaintiff re: depositions of plaintiffs. 0.40 03/06/2018 TAD Receipt and review of trial order. Prepare correspondence to plaintiff counsel re: plaintiffs depositions. Receipt of response to same. Prepare notice of deposition of plaintiffs. Prepare correspondence to City re: order. Receipt of correspondence from plaintiff re: mediation and prepare response to same. 1.80 03/07/2018 TAD Receipt and review of correspondence from plaintiff re: mediation. Review information on proposed mediator and prepare correspondence to City re: same. 0.30 03/15/2018 TAD Receipt and review of correspondence from plaintiff re: deposition and mediation. Prepare response to same. Prepare correspondence to City re: same. Review information on mediator and prepare correspondence to City re: same. Review documents re: Plaintiffs violations for depositions of plaintiffs. 1.60 03/16/2018 TAD Receipt and review of additional violation documents regarding plaintiffs properties. Review information on plaintiffs real estate holdings. Confer with IVR re: additional research re: plaintiffs for deposition. 1.70 03/22/2018 TAD Receipt and review of request for production to City. Receipt of revised trial order. Prepare correspondence to City witnesses re: trial setting and second request for production. Receipt of correspondence re: case management conference and prepare response to same. Prepare correspondence to City re: revised trial order. Receipt of correspondence from the Plaintiff re: depositions and prepare response to same. Receipt of notice of hearing on case management conference. 1.40 03/23/2018 TAD Receipt and review of information from the Plaintiffs' code case re: depositions of the Plaintiffs. 1.80 Page 308 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905093 STATEMENT NO: 19572 adv. Jenkins, Gail and Leon (Demolition) HOURS 03/26/2018 IR Assistance with deposition preparation, regarding Plaintiffs' deposition on March 27, 2018 of Leon Jenkins [10:00a.m.] and Gail Jenkins [2:00p.m.]; conferences with TAD regarding projects for Plaintiffs'deposition; online real property searches of Palm Beach County, Martin County, Broward County and Hendry County through the Real Property Appraisers' Office of each respective county; reviewed and preparation of file listing fourteen [14] separate real properties in Palm Beach County, Florida, with Leon Jenkins' name. 1.90 TAD Continue review of code information and prepare for depositions of plaintiffs. Review permit history and applications. Review transcript of Board hearing. Review minutes of commission meeting. Review timeline from city employees and emails re: code issue. Review appeal documents. Prepare outline for deposition of Leon Jenkins. Prepare outline for deposition of Gail Jenkins. Prepare exhibits for deposition. Receipt of correspondence from adjuster re: status and prepare response to same. 7.30 03/27/2018 TAD Attend depositions of Leon Jenkins and Gail Jenkins. Confer with plaintiff counsel re: case management conference. 6.80 03/28/2018 TAD Receipt of correspondence from plaintiff re: mediation issues and prepare correspondence to City re: same. Receipt of correspondence from City and prepare correspondence to Plaintiff. Prepare certificate of mediation authority. 0.40 03/29/2018 TAD Receipt and review of correspondence re: mediation nand prepare response to same. Prepare correspondence to City re: mediation. Receipt of notice of mediation. Receipt of notice of non-party production and subpoenas. Prepare request for records. 0.80 03/30/2018 TAD Begin preparation of summary of Mack deposition re: report, mediation and trial issues. 1.70 FOR CURRENT SERVICES RENDERED 27.90 5,567.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.90 $125.00 $237.50 TRACEY A. DECARLO 26.00 205.00 5,330.00 Color photocopies 5.60 Photocopies 158.90 TOTAL EXPENSES THRU 03/31/2018 164.50 TOTAL CURRENT WORK 5,732.00 BALANCE DUE $5,732.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 309 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905098 Boynton Beach FL 33425 STATEMENT NO: 19573 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#001470-000367-AB-01 HOURS 03/14/2018 TAD Receipt and review of complaint. Review information on claim and prepare answer and affirmative defenses. Prepare discovery to Plaintiff(Request for production and interrogatories) . 2.60 03/15/2018 TAD Prepare responses to requests for admissions. Prepare answers and objections to plaintiffs interrogatories. Prepare correspondence to City re: information needed regarding claim. Prepare responses and objections to plaintiffs request for production to City. 3.80 03/29/2018 TAD Review discovery to plaintiff and revise same re: additional requests. Review answer and revise to include additional defenses. 0.40 FOR CURRENT SERVICES RENDERED 6.80 1,394.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 6.80 $205.00 $1,394.00 TOTAL CURRENT WORK 1,394.00 BALANCE DUE $1,394.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 310 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 19574 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category- 18RLO Claim#001470-000369-AB-01 HOURS 03/01/2018 IR Continued chronological summary of medical records of Bethesda Memorial Hospital East and JFK Medical Center; initial review and preparation of Mote Wellness and Rehabilitation [216 pages of records received from response to subpoena duces tecum]; conferences with attorney in preparation for Plaintiffs deposition on April 5, 2018; prepared initial summaries for JFK Medical Center and Resolute Anesthesia and Pain Solution and cross-reference of medical records for dates of service with these medical providers. 6.20 03/05/2018 TAD Prepare correspondence to investigator re: claim information. 0.20 IR Prepared updates to Timeline of Events, with information gleaned through Plaintiffs medical records and summaries prepared so far, online resources, etc. 4.60 03/06/2018 IR Preparation of medical records summaries and cross-reference of same with Timeline of Plaintiffs events for period commencing approximately from June 1997 through 2017 from discovery responses and responses to subpoenas issued; preparation of medical summaries of Plastic Surgery of Palm Beach medical records, detailing notes from 2005 procedure. 4.70 03/07/2018 IR Updated Timeline from radiology reports from 2005 through 2007; prepared summaries of JFK Medical Center [400 pages of 10 separate admissions] from 2011 through 2017. 5.30 03/08/2018 IR Preparation of JFK Medical Center records summary of comparison to dates of admissions of Plaintiff at Bethesda Memorial East; cross-referenced with original sets of summaries to update the Timeline; 5.90 03/09/2018 IR Preparation of memoranda of Security National Insurance Company records received pursuant to the City of Boynton Beach's subpoena duces tecum for records of three prior automobile accidents, specifically February 26, 2014; located 12 other accidents Plaintiff had from 1997 through the current, with details as to each claim and cross-reference of where information located; preparation of summary of accidents listed in Plaintiffs Page 311 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905102 STATEMENT NO: 19574 adv. Blutcher, Pamela (MVA) HOURS Answers to Interrogatories and accidents not disclosed on same. 6.30 03/12/2018 IR Draft email to opposing counsel, enclosing the signature and notary public page to Plaintiffs Answers to Interrogatories and Affidavit of Pamela Blutcher Re: Medicare; preparation of tickler to receive same back by March 15, 2018; prepared medical records summary of Resolute Pain Solutions, following chronology with cross-reference Timeline and main Medical Chronology; updates to list of second set of Notice of Production from Non-Parties/Subpoenas Duces Tecum regarding same; research medical providers whose names and businesses show in other medical records summarized. 5.40 03/15/2018 IR Continued preparation of Timeline entries with cross-referenced materials of medical summaries prepared from subpoenaed records received. 1.90 03/19/2018 IR Initial preparation of City of Boynton Beach's Motion to Compel Plaintiff to Verify Answers to Interrogatories and Execute Affidavit of Benefits Received; reviewed file and organized exhibits to the motion; continued preparation of City of Boynton Beach's Second Notice of Production from Non-Parties and accompanying subpoenas duces tecum; updated Trial Witness tracking chart accordingly. 1.20 03/20/2018 IR Prepared City of Boynton Beach's Motion to Hold Plaintiff in Contempt of Court and for Sanctions Against the Plaintiff, Pamela Blutcher and Defendant's Second Renewed Motion to Compel, Ordering Plaintiff to Comply with the Court's Two Previous Court Orders to provide Defendant with Verified Answers to Interrogatories and Execute Affidavit of Benefits Received; emailed litigation team regarding same, to schedule on the Court's next available Unified Motion Calendar hearing in Palm Beach County, FL; receipt and review Delray Ambulatory Surgical Center medical records, and prepared tickler to review and prepare summary for same, past due from June 2017. 4.10 03/21/2018 IR Final draft of the City of Boynton Beach's Second Renewed Motion to Compel Plaintiff finalize discovery requests and Motion for Contempt of Court, for failure to provide Plaintiffs Verified Answers to First Set of Interrogatories and Execute Affidavit of Benefits Received; prepared exhibits A- K to said motion, by reviewing court docket and City's pleadings, to ensure accuracy of dates and timeline to same; receipt and initial review of Delray Ambulatory Surgical and Laser Center medical records, from Delray Beach, FL; updated Trial Witness Tracking chart with details of responses to the City's subpoena. 5.30 03/23/2018 IR Reviewed and revised Timeline of Events, in preparation for Plaintiffs deposition on April 5, 2018; reviewed medical records summary, to ascertain whether any additional medical records and documents needed to be summarized and if there were any outstanding responses to subpoenas duces tecum issued by the City of Boynton Beach. 1.30 03/26/2018 IR Prepared medical records summaries from Delray Ambulatory Surgical Center and Dr. Charles Stucken that took place in January 2017, and located new medical treating physician, Adrian Fernandez, M.D.with Page 312 of 736 Page: 3 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905102 STATEMENT NO: 19574 adv. Blutcher, Pamela (MVA) HOURS Associates, MD in Davie, Florida, who prepared physical examination on Plaintiff and ultimately cleared her for surgery last January; updated to Notice of Production of Non-Parties and second set of subpoenas duces tecum, in preparation for Plaintiffs deposition of April 5, 2018. 2.80 03/29/2018 TAD Prepare notice of hearing on motion to compel. 0.10 FOR CURRENT SERVICES RENDERED 55.30 6,936.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 55.00 $125.00 $6,875.00 TRACEY A. DECARLO 0.30 205.00 61.50 Photocopies 28.35 TOTAL EXPENSES THRU 03/31/2018 28.35 TOTAL CURRENT WORK 6,964.85 BALANCE DUE $6,964.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 313 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905105 Boynton Beach FL 33425 STATEMENT NO: 19575 Attn: Lynn Swanson adv. Finz, Stephanie (slip &fall) Billing Category: 18-RLO Claim#001470-000368-GB-01 HOURS 03/26/2018 TAD Receipt and review of correspondence from City re: summons and complaint. Receipt of complaint. Review information from City and adjuster re: claims. Review case law re: motion. 1.40 03/27/2018 TAD Review complaint and documents from City re: history of claim. Review case law re claims. Prepare motion to dismiss with supporting memorandum of law. 2.20 FOR CURRENT SERVICES RENDERED 3.60 738.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.60 $205.00 $738.00 TOTAL CURRENT WORK 738.00 BALANCE DUE $738.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 314 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905111 Boynton Beach FL 33425 STATEMENT NO: 19576 Attn: Lynn Swanson adv. Goldman, Barry (bike/grate accident) Billing Category: 18-RLO Claim#001470-000373-GB-01 HOURS 03/06/2018 TAD Prepare correspondence to City witnesses re: trial setting and receipt of response to same. Prepare correspondence to plaintiff counsel re: remaining trial issues and receipt of response to same. 0.60 IR Review and revised Trial Witness Tracking chart; preparation of email to Florida Department of Transportation Attorney Shenika Harris; reviewed and revised trial subpoena, directed to Alexander Barr with the Florida Department of Transportation; prepared tickler for response from FDOT regarding witness availability; reviewed last set of each parties' Notices of Conflict for the current trial docket of March 19, 2018 through May 11, 2018; initial preparation for calendar call live hearing of March 16, 2018 at the Palm Beach County Courthouse, before Judge James Nutt. 1.20 03/12/2018 TAD Review additional medical records from Plaintiff re: treatment since last trial setting for motions/trial. Continue trial preparation for trial setting including revisions to jury instructions and vior dire. 4.20 03/13/2018 TAD Confer with IVR re: trial setting and exhibits for trial. Review Plaintiffs exhibits and review case law re: admission of electronic records for trial objections to plaintiffs exhibits. Revise jury instructions to include additional instructions. Review records from dentist and plastic surgeon and prepare cross of same for trial. Review depositions of Barr and prepare direct of same. Receipt of correspondence from adjuster re: status and prepare response to same. Receipt of correspondence from plaintiff re: trial exhibits and prepare response to same. Receipt of correspondence from Clty witnesses re: availability for trial. Receipt of plaintiffs notice of unavailability for trial. 4.30 IR Conference with TAD regarding trial preparation and trial exhibits review; prepared additional trial exhibits, following the parties' revised disclosures, in advance of Calendar Call; reviewed the file and prepared follow up email regarding same; preparation of email to Florida Department of Transportation regarding dates of unabilitiy of Alexander Barr, in advance of live Calendar Call hearing March 16, 2018; reviewed dates and updates to trial witness tracking chart. 3.60 Page 315 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905111 STATEMENT NO: 19576 adv. Goldman, Barry (bike/grate accident) HOURS 03/14/2018 TAD Receipt and review of plaintiffs notice of unavailability for trial. Review westine records re: trial exhibits. Receipt of correspondence from plaintiff re: additional exhibits. Continue review of case law re cumulative exhibits and electronic demonstrations for trial. 2.70 03/15/2018 IR Conference regarding Calendar Call hearing, scheduled for March 16, 2018, before Judge James Nutt; preparation for attendance at same; preparation of hearing files, for live Calendar Call hearing; reviewed and created trial exhibits labels, in compliance with Palm Beach County Circuit Court local rules of Evidence Pre-Marking Trial Exhibits Guidelines in Civil matters; updated Trial Witness Tracking chart, to detail unavailability dates for City of Boynton Beach's trial witnesses. 2.40 03/16/2018 IR Travel to and attendance at Calendar Call hearing in West Palm Beach before Honorable James Nut, confer with opposing counsel regarding trial dates, etc.; retrieval of online court docket; prepared memoranda re: hearing. 5.70 TAD Attend calendar call. Confer with Plaintiff counsel re: trial exhibits and witnesses. Prepare correspondence to City re: trial setting. Receipt of correspondence from plaintiff re: trial exhibits and animation. 3.20 03/19/2018 IR Reviewed online court docket for orders from Friday's live calendar call, before Judge Nutt; updates to Trial Witness Tracking chart; 0.90 03/28/2018 IR Conference regarding trial line-up in April 2018, for two separate weeks and the April 9th docket [with cases moved]; prepared ticklers to email our trial witnesses of same, including Trial Graphix of status of trial lineup; online searches of Judge Nutt's trial calendar, including the Court's trial preferences and jury seating chart, etc. 0.90 FOR CURRENT SERVICES RENDERED 29.70 4,912.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 14.70 $125.00 $1,837.50 TRACEY A. DECARLO 15.00 205.00 3,075.00 Photocopies 112.35 TOTAL EXPENSES THRU 03/31/2018 112.35 TOTAL CURRENT WORK 5,024.85 BALANCE DUE $5,024.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 316 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905132 Boynton Beach FL 33425 STATEMENT NO: 19577 Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim#001470-000380-AB-01 HOURS 03/01/2018 TAD Receipt and review of correspondence from plaintiff re: depositions and prepare response to same. 0.20 03/05/2018 TAD Receipt and review of notice of deposition of Drehmann. Receipt of correspondence from plaintiff re: depositions and prepare response to same. 0.30 03/06/2018 TAD Review exhibit list and prepare revisions to same re: trial. 0.80 03/07/2018 IR Receipt and review of Notice of Taking Deposition of Christian E. Drehmann and Tile and Marble Works, Inc., for March 28, 2018; online research for Mr. Drehmann and Tile and Marble Works, Inc.; located online information, reviewed and prepared file for same. 0.60 03/20/2018 IR Reviewed Trial Order Outline, with cut-off dates in the upcoming trial and retrieved online court docket regarding same; prepared tickler for 10 days to review again. 0.40 03/27/2018 IR Reviewed and searched online resources for Plaintiffs profile on social media and reviewed two years of posting information, for use at upcoming hearings, depositions and trials. 7.90 03/28/2018 IR Preparation of social media and other online research and findings of Plaintiff, for past two years into order and prepared for TAD, to potentially utilize at trial; additional online reviews of trial witnesses from trial disclosures filed this date, in advance of court ordered deadline of March 29, 2018; revised list of trial exhibits, prior to May 7, 20187 through June 29, 2018 trial period, following the Court's Order. 5.40 TAD Review plaintiff discovery responses and documents produced re: Tile and Marble deposition. Prepare for deposition and prepare exhibits for same. Attend deposition of Tile and Marble Works. 5.20 03/29/2018 TAD Receipt and review of information on social media from Plaintiff and confer with IVR re: trial exhibits. 0.30 Page 317 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905132 STATEMENT NO: 19577 adv. Wade, George (auto accident) HOURS IR Revised and reviewed online research of Plaintiffs internet postings and created file of same prior to discovery cut-off; updated Trial Witness Tracking Chart of potential, additional witnesses. 1.80 FOR CURRENT SERVICES RENDERED 22.90 3,406.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 16.10 $125.00 $2,012.50 TRACEY A. DECARLO 6.80 205.00 1,394.00 Photocopies 14.70 TOTAL EXPENSES THRU 03/31/2018 14.70 TOTAL CURRENT WORK 3,421.20 BALANCE DUE $3,421.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 318 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905190 Boynton Beach FL 33425 STATEMENT NO: 19578 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 03/01/2018 TAD Receipt and review of additional records from City re: incident and officer. Receipt of correspondence from Sohn counsel re: records and response to complaint and prepare response to same. 2.10 03/02/2018 TAD Continue review of records from City re: Sohn and incident and policies. Receipt of additional information on Plaintiffs exhibits. 1.80 03/05/2018 IR Receipt and review Motion to Strike and Motion to Dismiss pertaining to particular paragraphs contained within Plaintiffs complaint against the City of Boynton Beach as a result of Lex Eugene automobile accident; reviewed pleadings, and other specific charges and allegations against co-defendants pertaining to this and other previously filed litigation in civil and criminal courts; prepared ticklers for status when dispositive motions are special set by the Court. 1.10 TAD Receipt and review Sohn's Answer and Affirmative defenses and Motion to Strike. 0.40 03/12/2018 TAD Receipt and review of interrogatories and request for production to plaintiff and to estate. 0.20 03/15/2018 TAD Receipt and review of correspondence re: motion for leave to amend. Receipt of motion. Receipt of amended complaint. 1.30 03/19/2018 IR Receipt and review of Plaintiffs Motion to Amend Complaint, with attached exhibits [153 pages in length]; reviewed discovery propounded by co-defendant, Mark Sohn to the Plaintiffs and preparation of ticklers for answers and/or objections to same; review personnel files of Mark Sohn, to be provided as responses to requested discovery; revised work in progress list of projects in this matter. 2.20 03/22/2018 TAD Receipt and review of correspondence from plaintiff re: motion for leave to amend and hearing and prepare response to same. Receipt of correspondence from Sohn counsel re: hearing and motion. Receipt of notice of filing returns of service on City, Eugene and Sohn., Receipt of Page 319 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905190 STATEMENT NO: 19578 adv. Readon, Jayden, Estate of(police chase) HOURS notice of hearing on motion to amend. 0.50 03/26/2018 TAD Receipt and review of correspondence to judge re: motion for leave to amend and receipt of correspondence from plaintiff re: same. 0.20 FOR CURRENT SERVICES RENDERED 9.80 1,745.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 3.30 $125.00 $412.50 TRACEY A. DECARLO 6.50 205.00 1,332.50 TOTAL CURRENT WORK 1,745.00 BALANCE DUE $1,745.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 320 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905216 Boynton Beach FL 33425 STATEMENT NO: 19579 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470-000410-EP-01 HOURS 03/01/2018 TAD Receipt and review of notice of deposition. Receipt of correspondence from plaintiff re: discovery and prepare response to same. Prepare notice of deposition of plaintiff. Receipt of second correspondence from plaintiff re: depositions. Prepare response to same. Telephone conference with Albala re: depositions and claims. Prepare correspondence to Albala re: same. Reveiw information on plaintiff and continue preparation for depositions and trial. 2.80 03/02/2018 TAD Receipt and review of correspondence from plaintiff re: discovery issues and prepare response to same. Prepare correspondence to City re: witness information and depositions. Review plaintiff witness list re: witnesses for trial and depositions. Prepare correspondence to plaintiff re: same. 0.90 03/05/2018 TAD Receipt and review of claim information re: trial witnesses identified by Plaintiff. Receipt of correspondence from Plaintiff re: deposition issues and prepare response to same. Receipt of plaintiffs objections to non-party subpoenas. Prepare correspondence to City re: information on additional witnesses. 1.30 03/07/2018 IR Receipt and review of deposition notices and preparation of ticklers to follow up on Plaintiffs discovery responses, to prepare deposition notebooks for same; 0.60 03/09/2018 TAD Receipt and review of amended exhibit list from plaintiff. Receipt and review of employment information and personnel file for Kellman re: depositions. Receipt of information on Wallace and personnel file re: depositions. Receipt of correspondence from plaintiff counsel re: depositions and prepare response to same. Prepare notice of deposition and subpoeans to Fordham and Feltger. Prepare notice of deposition and subpoenas to Streetwise, GMan, and Lexus. Prepare notice of deposition to Wallace, Kellman and Melo. Prepare correspondence to City re: additional information on witnesses. Prepare correspondence to various officers re: meetings. Review information re: FDLE and depositions. Prepare 3rd Page 321 of 736 Page: 2 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905216 STATEMENT NO: 19579 adv. Ryan, Ronald (whistleblower PD) HOURS Request for production to plaintiff re: additional records on amended exhibit list. Receipt of correspondence from plaintiff re: deposition of Katz. 6.30 IR Receipt, review and prepared ticklers for 14 medical and other trial witnesses, for deposition duces tecum, in advance of trial, currently scheduled for May 29, 2018 through July 6, 2018. 0.70 03/12/2018 TAD Receipt and review of correspondence from Sanders re: pre-deposition meeting. Prepare correspondence to plaintiff counsel re: deposition of former employees. Receipt of correspondence from Albela re: deposition meeting. Review information on plaintiff from City and other sources and continue preparation of exhibits and information for depositions. 1.80 03/13/2018 TAD Revise subpoenas to former employees. Prepare notices of deposition of same. Prepare correspondence to plaintiff re: deposition of Katz and prepare response to same. 0.90 03/14/2018 IR Receipt, review and updates prepared on ticklers, in advance of trial witness depositions schedules, before the discovery deadline of May 14, 2018 and Deposition Designations of May 4, 2018, in compliance with the Court's Order Setting Jury Trial and Direction Pretrial and Mediation Procedures, entered on December 4, 2017 by Judge Edward A. Garrison. 0.30 03/15/2018 TAD Prepare correspondence to current employees identified as witnesses re: trial and meetings. Receipt of responses. 0.60 03/19/2018 IR Receipt, review and ticklers prepared for three depositions of Tom Wallace, Vinicius Melo and Rob Kellman on April 26, 2018, in advance of the trial order's discovery date of May 14, 2018; 0.60 03/22/2018 TAD Receipt and review of amended notice of deposition of officers. Prepare correspondence to Plaintiff re: FDLE deposition. Prepare correspondence to additional employees re: meetings. Prepare correspondence to City re: claims and information needed. Telephone conference with FDLE re: deposition. Prepare correspondence to FDLE re: public records request. 4.20 03/23/2018 TAD Receipt and review of information on Albala IA investigation re: pre-deposition meeting. Review information on Sanders from incident re: pre-depo meeting. Meet with Albala re: deposition. Receipt of correspondence from FDLE re: public records request. Meet with Sanders re: deposition. Meet with Albala re: deposition. Prepare correspondence to Clty re: SIR. Receipt of response to same. 7.20 IR Preparation of trial exhibits and trial witness files, for trial, scheduled for the docket commencing May 29, 2018 through July 6, 2018; online retrieval of court docket, to check status of trial witness subpoenas issued and prepared tickler to follow up again in two weeks, by mid-April, 2018. 1.40 03/26/2018 TAD Prepare correspondence to Sanders re: SIR and receipt of response to same. Receipt of information on IA from City. 0.60 03/27/2018 TAD Revise subpoena to Miller to include additional requests. Revise subpoena to Trejo and Cummings. Prepare correspondence to LaPointe re: deposition and receipt of response to same. Prepare subpoena to FDLE . 1.30 Page 322 of 736 Page: 3 CITY OF BOYNTON BEACH 04/03/2018 ACCOUNT NO: 306-9905216 STATEMENT NO: 19579 adv. Ryan, Ronald (whistleblower PD) HOURS 03/28/2018 TAD Revise subpoenas to plaintiffs employers GMan and Streetwise and Lexus. Meet with IVR re: trial preparation. Receipt of correspondence from plaintiff re: cancellation of depositions. Review incident records and prepare documents and outline for meetings with Chief Snow and Chief Harris. Review documents from employment file and claims information and prepare for meeting with Sohn and prepare outline of issues for same. 4.30 03/29/2018 TAD Prepare memorandum regarding meeting with Sanders. Prepare witness folder with all exhibits for deposition. Prepare memorandum re: meeting with Albale and prepare all exhibits for deposition. Receipt of IA report and review interview and prepare memorandum re: recorded interview. Review reports, IA investigations and plaintiffs discovery responses and prepare for meetings with Rini, Loshelder, DeLosRios, Broberg (Lorinda); Galindez. Receipt of SIR re: incident investigation. Prepare follow up correspondence to employees regarding meetings. Receipt of responses to same. Prepare correspondence to City re: meetings and information needed. Receipt of correspondence from plaintiff re: cancellation of depositions. Prepare correspondence to employees re: same. Receipt of notice of cancellation. 7.50 IR Online research for James Cummings and conference with TAD regarding same. 0.90 FOR CURRENT SERVICES RENDERED 44.20 8,701.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 4.50 $125.00 $562.50 TRACEY A. DECARLO 39.70 205.00 8,138.50 Photocopies 144.90 TOTAL EXPENSES THRU 03/31/2018 144.90 TOTAL CURRENT WORK 8,845.90 BALANCE DUE $8,845.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 323 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905218 Boynton Beach FL 33425 STATEMENT NO: 19580 Attn: Lynn Swanson adv. Estime, Robens (Police Deadly Force) Billing Category: 18-RLO Claim#001470-000411-PP-01 HOURS 03/07/2018 TAD Receipt and review of correspondence from adjuster re: claim information. 0.10 03/12/2018 TAD Receipt and review of correspondence from adjuster re: investigation. Confer with Clty re: same. 0.20 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 324 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905253 Boynton Beach FL 33425 STATEMENT NO: 19581 Attn: Lynn Swanson adv. Bolt, Barbara Dilger(MVA) Billing Category: 18- RLO Claim#001470-000422-AB-01 HOURS 03/20/2018 IR Receipt and review of new matter, client notes and Amended Complaint, Plaintiffs Interrogatories to City of Boynton Beach and Plaintiffs Request for Production; preparation of ticklers with notes to file the City's Responses and Objections to discovery requests. 1.60 03/30/2018 TAD Receipt and review of claim file re: response to complaint. Prepare answer and affirmative defenses. Prepare request for production and interrogatories to the Plaintiff. Prepare correspondence to City re: information needed to respond to discovery. Prepare draft responses and objections to plaintiffs request for production. 3.40 FOR CURRENT SERVICES RENDERED 5.00 897.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.60 $125.00 $200.00 TRACEY A. DECARLO 3.40 205.00 697.00 TOTAL CURRENT WORK 897.00 BALANCE DUE $897.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 325 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905277 Boynton Beach FL 33425 STATEMENT NO: 19582 Attn: Lynn Swanson adv. Meyer, Tamara (MVA) Billing Category: 18- RLO Claim#001470-000427-AB-01 HOURS 03/05/2018 TAD Receipt and review of claim letter and demand with supporting information. Prepare correspondence to investigator. Review video of incident provided by the claimant. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 326 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905288 Boynton Beach FL 33425 STATEMENT NO: 19583 Attn: Lynn Swanson adv. Floering, David & Barbara Billing Category: 18 RLO Claim#001470-000422-AB-04 HOURS 03/30/2018 TAD Receipt and review of correspondence re: status and prepare correspondence to adjuster re: same. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 327 of 736 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 04/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905310 Boynton Beach FL 33425 STATEMENT NO: 19584 Attn: Lynn Swanson adv. Philson, Tammi A. (Personal Injury-Carolyn Sims Center) Billing Category: 18- RLO Claim# HOURS 03/12/2018 TAD Receipt and review of correspondence re: claim notice. Receipt of correspondence from adjuster re: claim. Receipt of correspondence from City re incident and information on same. 0.60 03/29/2018 TAD Receipt and review of correspondence re: claim information. Receipt of correspondence from adjuster re: claim. Receipt of correspondence from City re: information on property from facilities. 0.40 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 328 of 736 Risk-Outside Counsel Robert C Okon, P.A. Harris v City, Martinez 0.00 Lewis, Stroud & Deutsch, PL Hill v City 0.00 Harris v City 0.00 0.00 Roberts, Reynolds, Bedard &Tuzzio, PLLC-Mar 2018 Yesnick v City 0.00 Braswell v City 0.00 Boynton Old School v City 0.00 Andrews v Haugh 1,485.55 Hill v City 0.00 Kimsey v City& Brooks 782.00 Harris v City 0.00 Broberg v City 4,130.00 6,397.55 TOTAL Mar 2018 Outside Counsel - Risk 6,397.55 Page 329 of 736 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 655-0 6 City of Boynton Beach March 16, 2018 Attn: claims@bbfl.us Bill No. 40654 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton each 032 MATTER: Broberg v. Boynton each et al. 15414 Claim #001470-000390-EP-01 BILL FOR FEES AND COSTS THROUGH 02/28/18 PROFESSIONAL SERVICES Date Services Aftorney Hours 02/03/18 Receipt and review of article from Palm Beach Post re: Judge's LHR 0.30 ruling that bullied juror claim not enough for probe from Antico trial. 02/05/18 Correspondence to City Risk Manager Julie Oldbury re: article LHR 0.20 from Palm Beach Post re: Judge's ruling that bullied juror claim not enough for probe from Antico trial. 02/07/18 Telephone conference with Town of Gulf Stream re: public RKD 0.30 records request pertaining to Plaintiff, Leif Broberg. 02/07/18 Receipt and review of e-mail from Town of Gulf Stream re: LHR 0.30 records pertaining to Plaintiff, Leif Broberg, pursuant to public records request. 02/07/18 Receipt and review of records pertaining to Plaintiff, Leif LHR 0.70 Broberg, received from Town of Gulf Stream, pursuant to public records request. (50 pgs) 02/09/18 Obtain addresses for serving subpoenas for depositions to RKD 0.60 Gulfstream Police Department, Seminole Tribe of Florida Police Department, Maitland Police Department, Delray Shooting Center, and Forbes Consulting. 02/12118 Correspondence to Suzanne Crawford's counsel Harriet Lewis LHR 0.20 re: FBI statement and recorded interview of Suzanne Crawford. 02/13/18 Receipt and review of article from Palm Beach Post concerning LHR 0.30 Sgt. Antico and Officer Brown's upcoming hearing to address multiple issues to determine if the two officers will be sent to prison. 02/13/18 Correspondence to City Risk Manager Julie Oldbury re: article LHR 0.20 from Palm Beach Post concerning Sgt. Antico and Officer Brown's upcoming hearing to address multiple issues to determine if the two officers will be sent to prison. Page 330 of 736 Client: City of Boynton Beach March 16, 2018 Matter: 15414 - Broberg v. Boynton Beach et al. Page 2 PROFESSIONAL Date Services 02/14/18 Preparation of public records request for Florida Fish &Wildlife LHR 0.40 Conservation Commission pertaining to Plaintiff, Leif Broberg. 02/16/18 Receipt and review of e-mail from Suzanne Crawford's counsel LHR 0.20 Lewis re: advising she is unable to access FBI recording interview and requesting another copy. 02/16/18 Preparation of email response to Suzanne Crawford's counsel LHR 0.20 Lewis re: providing copy of FBI recording via sharefile and requesting confirmation she is able to access same once received. 02/18/18 Receipt and review of e-mail from Forbes Consulting, Inc. re: LHR 0.20 request for telephone conference pursuant to subpoena for records pertaining to Plaintiff, Leif Broberg. 02/18/18 Preparation of email response to Forbes Consulting, Inc. re: LHR 0.20 acknowledgment of request for telephone conference pursuant to subpoena for records pertaining to Plaintiff, Leif Broberg. 02/19/18 Telephone conference with Mr. Beesley regarding his response AGA 0.30 to our subpoena for records regarding Broberg. 02/19/18 Review of records received and drafting of duces tecum for JHL 1.20 depositions of persons with most knowledge at Gulfstream Police Department, Seminole Tribe of Florida Police Department, Maitland Police Department, Delray Shooting Center, and Forbes Consulting. 02/19/18 Receipt and review of Affidavit of Service for Forbes LHR 0.10 Consulting, pursuant to subpoena for records pertaining to Plaintiff, Leif Broberg. 02/20/18 Receipt and review of second e-mail from Suzanne Crawford's LHR 0.20 counsel Lewis re: acknowledging and confirming receipt of copy of FBI recording via sharefile and confirmation she is able to view same. 02/20/18 Receipt and review of second e-mail from Suzanne Crawford's LHR 0.20 counsel Harriett Lewis re: questions concerning status of Plaintiffs Notice of Taking Deposition of Suzanne Crawford. 02/20/18 Preparation of email response to Suzanne Crawford's counsel LHR 0.20 Harriett Lewis re: answering her questions concerning status of Plaintiffs Notice of Taking Deposition of Suzanne Crawford and confirming same not yet received. 02/20/18 Receipt and review of email response from Suzanne Crawford's LHR 0.20 counsel Harriett Lewis re: acknowledging and confirming Plaintiffs counsel has not yet noticed deposition of Suzanne Crawford. 02/22/18 Preparation of e-mail to Ricardo Reyes, counsel for Plaintiff, re: AGA 0.20 Defendant's Motion to Overrule Objections and Compel Better Responses to Defendant, City of Boynton Beach's Request for Amdissions. Page 331 of 736 Client: City of Boynton Beach March 16, 201 Matter, 15414- Broberg v. Boynton Beach et al. Pae PROFESSIONAL SERVICES Date Services 02/23/18 Preparation of Notice of Hearing on defendant's Motion to AGA 0.30 Overrule Objections and Compel Better Responses to Defendant, City of Boynton Beach's Request for Admissions. 02/23/18 Preparation of proposed Order on Defendant's Motion to AGA 0.30 Overrule Objections and Compel Better Responses to Defendant, City of Boynton Beach's Request for Admissions. 02/23/18 Correspondence to Judge Garrison re: Notice of Hearing on AGA 0.30 Defendant's Motion to Overrule Objections and Compel Better Responses to Defendant, City of Boynton Beach's Request for Admissions. 02/23/18 Receipt and review of e-mail from Ricardo Reyes, counsel for AGA 0.201 Plaintiff, re: Defendant's Motion to Overrule Objections and Compel Better Responses to Defendant, City of Boynton Beach's Request for Admissions. 02/27/18 Receipt and review of e-mail from Forbes Consulting, Inc. re: LHR 0.30 records pertaining to Plaintiff, Leif Broberg, pursuant to subpoena for records. 02/27/18 Receipt and review of records pertaining to Plaintiff, Leif LHR 0.20 Broberg, received from Forbes Consulting, Inc. pursuant to subpoena for records. (6 pgs) 02/27/18 Receipt and review of news article from Palm Beach Post LHR 0.30 concerning sentencing of Officer Michael Brown. 02/28/18 Receipt and review of news article from Palm Beach Post LHR 0.30 concerning sentencing of Sgt. Antico and Officer Brown. 02/28/18 Correspondence to City Risk Manager Julie Oldbury re: two LHR 0.20 articles from Palm Beach Post concerning sentencing of Officer Brown and Sgt. Antico. 02/28/18 Receipt and review of e-mail from Crawford's counsel Harriet LHR 0.20 Lewis re: questions concerning status of Notice of Taking Deposition of Suzanne Crawford. 02/28/18 Receipt and review of second e-mail from Crawford's counsel LHR 0.20 Harriet Lewis re: acknowledging Plaintiff has not yet filed any Notice of Taking Deposition of Suzanne Crawford. 02/28/18 Receipt and review of e-mail from excess carrier representative LHR 0.20 Christine O'Brien re: acknowledging sentences for Officer Brown and Sgt. Antico and status of case. 02/28/18 Preparation of email response to excess carrier representative LHR 0.20 Christine O'Brien re: status of case. 02/28/18 Receipt and review of second e-mail from claims adjuster LHR 0.20 Christine O'Brien re: discussions concerning potential impact of Brown and Antico sentencing on instant case. 02/28/18 Preparation of second e-mail response to claims adjuster LHR 0.20 Christine O'Brien re: discussions concerning potential impact of Brown and Antico sentencing on instant case. Page 332 of 736 Client: City of Boynton each March 16, 2018 Matter: 15414- Broberg v. Boynton each et al. Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 02/28/18 Receipt and review of third email from claims adjuster Christine LHR 0.20 O'Brien re: discussions concerning potential impact of Brown and Antico sentencing on instant case. 02/28/18 Review of FBI interview of Chief Katz. JHL 2.20 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 1.60 165.00 264.00 JHL Jordan H. Lewis, Associate 3.40 140.00 476.00 LHR Lyman H. Reynolds, Jr., Partner 7.00 165.00 1,155-00 RKD Rebecca K. Davis, Paralegal 0.90 80.00 72.00 Total Professional Services 12.90 $1,967.00 DISBURSEMENTS Date Description Amount 02/01/18 Photocopies 3.60 Total Disbursements $3.60 CURRENT BILL TOTAL AMOUNT DUE $ 1,970.60 Balance Forward: 2,110.10 Payments &Adjustments: -2,110-10 Total Due: $ 1,970.60 Page 333 of 736 w Please return this page with remittance to Reynolds, r i , PLLC 470 Columbia Drive, iC-101 West Palm Beach, Florida Bill r: 40654 Bill c 16, 2018 Client Client i of Boynton Beach Matter . 15414 Matter Name: Broberg . Total Professional Services 1,967.00 Total Disbursements 3.60 CURRENT BILL TOTAL AMOUNT DUE $ m 970.60 Balance Forward: 2,110.10 Payments &Adjustments: -2,110.10 Total Due: $ 1,970.60 Past Due Balance 0.00 TOTAL T DUE $1,970.60 Page 334 of 736 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach March 21, 2018 An: claims@bbfl.us Bill No. 40784 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton each 032 MATTER: Andrews v. Haugh et al. 12152 Claim # N/A BILL FOR FEES AND COSTS THROUGH 02/28/18 PROFESSIONAL SERVICES Date Services Attorney Hours 02/01/18 Receipt and review of Mediation report. DPC 0.10 02/01/18 Attendance at Pre-mediation telephone conference with Julie DPC 0.30 Oldbury and Tracey DeCarlo re: strategy for mediation. 02/01/18 Attendance at mediation before Fred Hazouri at Matrix DPC 2.20 Mediation in WPB, FL (no travel time billed). 02/01/18 Receipt and review of signed Settlement Agreement reached at DPC 0.20 mediation. 02/01/18 Multiple communications with Mr. Anderson re: agreement to DPC 0.20 cancel hearing on his Motion for Leave to Amend as case settled at mediation. 02/01/18 Correspondence to Kevin Anderson re: requesting firm's tax DPC 0.30 identification number, W-9 and marital status of all Plaintiffs. 02/02/18 Correspondence to Judge of Division AA re: advising case DPC 0.20 settled. 02/02/18 Receipt and review of correspondence from Kevin Anderson re: DPC 0.30 will submit order to cancel hearing on Plaintiffs Motion for Leave Amend and will forward W-9 shortly. 02/05/18 Receipt and review of Plaintiffs Notice of Cancellation of DPC 0.10 Hearing on Motion for Leave to Amend Complaint. 02105118 Receipt and review of correspondence from Kevin Anderson re: DPC 0.20 W-9, how check should be made payable and marital status of all Plaintiffs. 02/09/18 Preparation of Correspondence to Julie Oldbury re: Sun BLB 0.20 Sentinel requesting information on Connor Haugh. Page 335 of 736 Client: City of Boynton Beach March 21, 201 Matter: 12152 -Andrews v. Haugh et al. Page PROFESSIONAL SERVICES Date Services Attorney 02/09/18 Preparation of General Releases with incorporated civil rights DPC 0.60 language for Christopher Andrews, Spencer Andrews, (including his wife, Jacquelyn Patrice Hill) and Brandon Andrews for$6,000.00 each. 02/09/18 Receipt and review of Correspondence from Julie Oldbury re: BLB 0.40 cannot comment to Sun Sentinel. 02/09/18 Preparation of Correspondence to Julie Oldbury re: will not BLB 0.20 respond to Sun Sentinel unless you want me to. 02/09/18 Receipt and review of Correspondence from Julie Oldbury re: BLB 0.10 do not respond to reporter. 02/09/18 Multiple communications with Julie Oldbury re: need tax DPC 0.20 identification number and W-9 to issue settlement check. 02/09/18 Correspondence to Julie Oldbury re: information and details to DPC 0.20 issue settlement checks. 02/09/18 Receipt and review of correspondence from Julie Oldbury re: DPC 0.20 advising City's next check run is 2123/18 and will forward overnight when they are issued. 02/13/18 Preparation of Stipulation for Dismissal with Prejudice and DPC 0.30 Order of Dismissal with Prejudice. 02/13/18 Correspondence to Kevin Anderson re: confirming settlement DPC 0.30 reached at mediation for$6,000 each for a total settlement of $18,000.00 and settlement documents for his clients' execution. 02/27/18 Correspondence to Mr. Anderson re: advising we have received DPC 0.20 the settlement checks and upon receipt of signed Releases can forward the checks. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount BLB Benjamin L. Bedard, Partner 0.90 165.00 148.50 DPC Danna P. Clement, Partner 6.10 165.00 1,006.50 Total Professional Services 7.00 $1,155.00 DISBURSEMENTS Date Description Amount Telephone Charges thru 02/28/18 0.55 Total Disbursements Page 336 of 736 Client: City of Boynton each March 21, 2018 Matter: 12152 -Andrews v. Haugh et al. Page 3 CURRENT BILL TOTAL AMOUNT DUE $ 1,155.55 Balance Forward: 4,422.00 Payments &Adjustments: -4,422.00 Total Due: $ 1,156m Page 337 of 736 Please return this page with remittance to Reynolds, i , PLLC 470 Columbia i i C-101 West PalmFlorida Bill r: 40784 Bill 1 Client Client 't c Matter Code: 12152 Matter Name: Andrews v. Haugh et al. Total Professional Services 1,155.00 Total Disbursements 0.55 CURRENT BILL TOTAL AMOUNT DUE $ 1,165.55 Balance Forward: 4,422.00 Payments &Adjustments: -4,422.00 Total Due: 1,156.55 Past Due Balance 0.00 TOTAL $1,155.55 Page 338 of 736 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach March 21, 2018 Attn: claims@bbfl.us Bill No. 40785 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 02128/18 PROFESSIONAL SERVICES Date Services Aftorney Hours 02/01/18 Communicate/Other Counsel correspondence from Plaintiffs SAK 0.10 counsel's office regarding Plaintiff's sworn Answers to Defendant's Interrogatories. 02/02/18 Communicate/Other Counsel multiple correspondence to and SAK 0.20 from Plaintiffs counsel regarding Plaintiff's overdue sworn Answers to Defendant's First Interrogatories and possible Agreed Order. 02/07/18 Communicate/Other Counsel correspondence from Plaintiffs SAK 0.10 counsel's office regarding Plaintiffs sworn Answers to Defendant's First Interrogatories. 02/08/18 Receipt and review of Plaintiffs Verified Answers to DPG 0.30 Interrogatories. 02/08/18 Review/Analyze Deposition transcript of Vincent Brooks. DPC 1.20 02/19/18 Preparation of Correspondence to and from Mary Krhovsky re: BLB 0.40 status of case. 02/27/18 Communicate/Other Counsel correspondence to Plaintiffs SAK 0.10 counsel, Chuck Thomas, regarding 2/28118 case management conference. 02/27/18 Communicate/Other Counsel telephone conference with SAK 0.40 counsel for the Plaintiff re: the case management conference. 02/27/18 Plan and Prepare for the case management conference. SAK 0.40 02/28/18 Receipt and review of Court's Order on Case Management DPC 0.10 Conference and Amend Style of case. 02/28/18 Review/Analyze of deposition testimony of Officer Vincent KLR 1.10 Brooks for any new information for possible future discovery 02/28/18 Appear For/Attend the Court Ordered Case management SAK 1.10 conference. Page 339 of 736 Client: City of Boynton each March 21, 2018 Matter: 12364 - Kimsey v. Boynton Beach & Brooks Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 02/28/18 Correspondence to the client and adjuster providing a summary SAK 0.20 of the case management conference. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount BLB Benjamin L. Bedard, Partner 0.40 165.00 66-00 DPC Danna P. Clement, Partner 1.60 165.00 264.00 KLR Kathryn L. Reeves, Paralegal 1.10 80.00 88.00 SA K Scott A. Kantor, Associate 2.60 140.00 364,00 Total Professional Services 5.70 $782.00 CURRENT BILL TOTAL AMOUNT DUE $ 782.00 Balance Forward: 662.50 Payments &Adjustments: -662.50 Total Due: $ 782.00 Page 340 of 736 Please return this page with remittance to Reynolds, r i 470 Columbia ri i C-101 West Palm Beach, Florida Bill r: 40785 BillMarch Client Client i Matter . 12364 Matter Name: Kimsey v. Boynton Beach & Brooks Total Professional Services 782.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 782-00 Balance Forward: 662.50 Payments &Adjustments: -662.50 Total Due: $ 782.00 Past Due Balance .00 TOTAL AMOUNT DUE $782.00 Page 341 of 736 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, It C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach April 4, 2018 Attn: claims@bbfl.us Bill No. 9912152 P.O. Box 310 Boynton Beach, FL 33425-0310 FINAL BILL. CLIENT: City of Boynton Beach 032 MATTER: Andrews v. Haugh et a[. 12152 Claim # N/A BILL FOR FEES AND COSTS THROUGH 04/04/18 PROFESSIONAL SERVICES Date Services Attorney Hours 03/14/18 Multiple communications with Mr. Anderson re: copy of signed DPC 0.30 Releases by Spencer Andrews, Christopher Andrews and Brandon Andrews, providing Stipulation for his signature and we will send checks. 03/14/18 Correspondence to Kevin Anderson re: settlement checks for DPC 0.30 Spencer Andrews $6,000, Christopher Andrews $6,000, and Brandon Andrews $6,000. requesting original executed Releases and forward signed Stipulation for Dismissal with Prejudice. 03/14/18 Receipt and review of correspondence from Mr. Anderson re: DPC 0.10 signed Stipulation for Dismissal with Prejudice. 03/16/18 Preparation of Means of Final Disposition as required pursuant DPC 0.20 to divisional instructions for Division AA. 03/16/18 Correspondence to Judge G. Joseph Curley re: proposed Order DPC 0.30 of Dismissal with Prejudice for entry. 03/16118 Receipt and review of Court's Order of Dismissal with Prejudice DPC 0.10 from Judge Curley. 03120/18 Multiple communications with Mr. Anderson re: advising DPC 0.20 sending original signed releases today. 03126/18 Receipt and review of correspondence from Mr. Anderson re: DPC 0.20 original executed General Releases by Spencer Andrews Brandon Andrews, and Christopher Andrews. 03/27/18 Correspondence to Julie Oldbury re: original executed DPC 0.30 settlement documents and closing the file. Page 342 of 736 Client: City of Boynton each April 4, 2018 Matter: 12152 -Andrews v. Haugh et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount DPC Dann a P. Clement, Partner 2.00 165.00 330.00 Total Proftssional Services 2.00 $330.00 CURRENT BILL TOTAL AMOUNT DUE $ 330.00 Balance Forward: 1,155.55 Payments &Adjustments: -0.00 Total Due: $ 1,485-65 Page 343 of 736 Please return thi's page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 9912162 Bill Date: April 4, 2018 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 12152 Matter Name: Andrews v. Haugh et al. Total Professional Services 330.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 330.00 Balance Forward: 1,155.55 Payments &Adjustments: -0.00 Total Due: $ 1,486.55 Past Due Balance 1�15 5-5. TOTAL AMOUNT DUE $1,485.55 Page 344 of 736 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach April 10, 2018 Attn: claims@bbfl.us Bill No. 40895 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Broberg v. Boynton Beach et al. 15414 Claim #001470-000390-EP-01 BILL FOR FEES AND COSTS THROUGH 03/31/18 PROFESSIONAL SERVICES Date Services Aftorney Hours 03/01/18 Correspondence to Julie Oldbury enclosing summary of FBI JHL 1.20 interview of Chief Jeffrey Katz. 03102118 Telephone conference with Florida Fish & Wildlife Commission JHL 0.30 re: public records request pertaining to Plaintiff, Leif Broberg. 03/02/18 Preparation of e-mail to Ricardo Reyes, counsel for Plaintiff, re: JHL 0.20 deposition of person with most knowledge regarding Plaintiffs employment, applications, and records at Gulfstream Police Department, Seminole Tribe of Florida Police Department, Maitland Police Department, Delray Shooting Center, and Forbes Consulting. 03105/18 Receipt and review of e-mail from Ricardo Reyes, counsel for JHL 0.20 Plaintiff, re: deposition of person with most knowledge regarding Plaintiffs employment, applications, and records at Gulfstream Police Department, Seminole Tribe of Florida Police Department, Maitland Police Department, Delray Shooting Center, and Forbes Consulting. 03/05/18 Preparation of email response to Ricardo Reyes, counsel for JHL 0.20 Plaintiff, re: deposition of person with most knowledge regarding Plaintiffs employment, applications, and records at Gulfstream Police Department, Seminole Tribe of Florida Police Department, Maitland Police Department, Delray Shooting Center, and Forbes Consulting. 03105/18 Preparation of Notice of Taking Deposition of Person with Most AGA 0.20 Knowledge at Seminole Tribe of Florida Police Department. 03105/18 Preparation of Notice of Taking Deposition of Person with Most AGA 0.20 Knowledge at Maitland Police Department. 03/05/18 Preparation.of Notice of Taking Deposition of Person with Most AGA 0.20 Knowledge at Delray Shooting Center. Page 345 of 736 Client: City of Boynton Beach April 10, 201 Matter: 15414- Broberg v. Boynton Beach et al. Page 2 PROFESSIONAL SERVICES Date Services Aftorney Hours 03/06/18 Telephone conference with Florida Fishy &Wildlife Conservation JHL 0.30 Commission re: public records request pertaining to Plaintiff, Leif Broberg. 03/06/18 Preparation of e-mail to Adrian Alvarez, counsel for Plaintiff, re: AGA 0.20 the depositions of the persons with most knowledge at Gulfstream Police Department, Seminole Tribe of Florida Police Department, Maitland Police Department, Delray Shooting Center, and Forbees Consulting, Inc. 03/06/18 Preparation of Notice of Taking Deposition of Person with Most AGA 0.20 Knowledge at Gulfstream Police Department. 03/06/18 Preparation of Notice of Taking Deposition of Person with Most AGA 0.20 Knowledge at Forbees Consulting, Inc. 03/06/18 Preparation of Subpoena for Deposition of Person with Most AGA 0.20 Knowledge at Gulfstream Police Department. 03/06/18 Preparation of Subpoena for Deposition of Person with Most AGA 0.20 Knowledge at Seminole Tribe of Florida Police Department. 03/07/18 Preparation of Subpoena for Deposition of Person with Most AGA 0.20 Knowledge at Maitland Police Department. 03/07/18 Preparation of Subpoena for Deposition of Person with Most AGA 0.20 Knowledge at Delray Shooting Center. 03/07/18 Preparation of Subpoena for Deposition of Person with Most AGA 0.20 Knowledge at Forbees Consulting, Inc. 03/08/18 Receipt and review of e-mail from Florida Fish &Wildlife LHR 0.30 Conservation Commission re: letter of no records pertaining to Plaintiff, Leif Broberg, pursuant to public records request. 03/13/18 Receipt and review of e-mail from Suzanne Crawford's counsel LHR 0.20 Harriett Lewis re: her questions concerning status of deposition of Suzanne Crawford. 03/13/18 Preparation of email response to Suzanne Crawford's counsel LHR 0.20 Harriett Lewis re: answering her questions concerning status of deposition of Suzanne Crawford and advising Plaintiff still has not provided any formal notice. 03/14/18 Preparation for hearing on Defendant's Motion to Overrule LHR 1.20 Plaintiffs Objections to Request for Admissions before Judge Garrison the next day. 03/15/18 Preparation of City's Notice of Compliance in response to LHR 0.60 Plaintiffs Request for Copies dated January 25, 2018. 03/15/18 Appear for and Attend hearing on Defendant City of Boynton LHR 2.50 Beach's Motion to Overrule Plaintiffs Objections to Request for Admissions before Judge Garrison at the Palm Beach County Courthouse in West Palm Beach, FL. 03/16/18 Receipt and review of Court's executed Order on Defendant LHR 0.20 City's Motion to Overrule Plaintiffs Objections and Compel Plaintiffs Better Responses to Request for Admissions. Page 346 of 736 Client: City of Boynton Beach April 10, 2018 Matter: 15414 - Broberg v. Boynton Beach et al. Page 3 PROFESSIONAL Date Services 03/16/18 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 outcome of hearing on City's Motion to Overrule Objections and Compel Plaintiffs Better Response to Request for Admissions and Court's Order on same. 03/19/18 Receipt and review of Plaintiffs Amended Notice of Taking LHR 0.20 Continuation Deposition by Videoconference of Chief Jeffrey Katz (amended to reflect deposition via videoconference). 03/19/18 Preparation of e-mail to Chief Jeffrey Katz re: Plaintiffs LHR 0.20 Amended Notice of Taking Continuation Deposition by Videoconference. 03/19/18 Telephone conference with Plaintiffs counsel Alvarez re: need LHR 0.20 for designation of contact at Chesterfield PD in order for court reporter to conduct speed test to be sure videoconferencing can be successfully utilized. 03/19/18 Preparation of second email to Chief Jeffrey Katz re: need for LHR 0.20 designation of contact at Chesterfield PD in order for court reporter to conduct speed test to be sure videoconferencing can be successfully utilized. 03/20/18 Receipt and review of e-mail from Yvonne Ferrell, IT LHR 0.20 Coordinator for Chesterfield PD, re: advising she will be point of contact for videoconference deposition of Colonel Katz. 03/20/18 Preparation of e-mail to Plaintiffs counsel Alvarez re: providing LHR 0.20 contact info for Chesterfield PD IT Coordinator to assist court reporter in videoconferencing capabilities for continued depo of Chief Katz. 03/20/18 Correspondence to Ashley Estrada, Representative for Legal LHR 0.40 Dept. of Seminole Tribe of Florida, re: Tribe's objection to Subpoena Duces Tecum and City's request for follow up documentation. 03/20/18 Receipt and review of e-mail from Capt. Steve Grohowski re. IT LHR 0.20 department contact for upcoming videoconference continued deposition of Jeffrey Katz. 03/20/18 Preparation of email response to Capt. Steve Grohowski re: IT LHR 0.20 department contact for upcoming videoconference continued deposition of Jeffrey Katz. PROFESSIONAL SERVICES SUMMARY Coe Name Hours Rate Amount AGA Andrea G. Amiga, Partner 2.20 165.00 363.00 JL Jordan H. Lewis, Associate 2.40 140.00 336.00 LHR Lyman H. Reynolds, Jr., Partner 7.40 165.00 1,221.00 Total Professional i $1,920.00 Page 347 of 736 Client: City of Boynton each April 10, 2018 Matter: 15414 - Broberg v. Boynton each et al. Page 4 DISBURSEMENTS Date Description Amount 03101/18 Photocopies 71.40 03/13/18 Subpoena Fees#LA5-2018002132 RC: Forbes Consulting 25.00 re: Broberg - Legal Advocate Services, Inc. 03115/18 Deposition Transcripts Attendance at proceedings before 90.00 Judge Garrison. - Florida Court Reporting 03/26/18 Costs Advanced PBCC: attend hearing, City's M/Overrule. 3.00 Parking $3.00 - Lyman H. Reynolds, Jr. 03/28/18 Subpoena Fees#LA5-2018003878 RC: Forbes Consulting 25.00 re: Broberg - Legal Advocate Services, Inc. 03/28/18 Subpoena Fees#LA5-2018003880 RC: Gulfstream Police 25.00 re: Broberg - Legal Advocate Services, Inc. Total Disbursements $239.40 CURRENT ILLI T L AMOUNT DUE $ 2,159.40 Balance Forward: 1,970.60 Payments &Adjustments: -1,970.60 Total Due: $ 2,159.40 Page 348 of 736 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 it Number: 40895 Bill Date: April 10, 2018 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 15414 Matter Name: Broberg W. Boynton Beach et al. Total Professional Services 1,920.00 Total Disbursements 239.40 CURRENT BILL TOTAL AMOUNT DUE $ 2,159.40 Balance Forward: 1,970.60 Payments &Adjustments: -1,970.60 Total Due., $ 2,169.40 Past Due Balance 0.00 TOTAL AMOUNT DUE $2,159.40 Page 349 of 736 6.N. CONSENTAGENDA 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meetings held on March 20 and April 3, 2018. EXPLANATION OF REQUEST: The City Commission met on March 20 and April 3, 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 Description D Minutes Minutes March 20, 2018 D Minutes Minutes 04-03-2018 Page 350 of 736 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, MARCH 20, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Judith A. Pyle, City Clerk Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order- Mayor Steven B. Grant at 6:30 p.m. Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested an addition to the agenda; he would like to place State Representative Lori Berman update at 3.A. Motion Commissioner Casello moved to approve the agenda as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Page 351 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Mayor Grant noted March 7th, had lunch with Roger Kirk and David Scott, March 8th attended Mary Jenson's 100th birthday, March 9th, in Washington DC for the National League of Cities Congressional Conference, attended the Business Development Bureau for site planners. On Saturday March 10th, attended a class entitled "Tying the Budget to Priority and Long Range Planning". March 12th, attended a morning session with Bob Schieffer from "Meet the Press". Attended a class regarding raising tide it speaks about Building Wealth in the Community, attended the morning, Raising Tide of Preemption and What was Happing in the Courts. Also went to the Finnish embassy and young leader's happy hour. Stated on Tuesday, March 13th, approved Town Square. March 14th attended the career day at Manatee Elementary School. Complete Streets Summit which Palm Beach County Transportation Planning Agency held. He believed the City needs to look into having an ordinance for complete streets before Town Square is started. This should be done so that both the State and Federal government know what the City expects when roads are built within Boynton Beach. March 14th attended the Transportation Planning Agency in the Acreage. March 16th had a meeting with the HUD investigation regarding the moratorium for group homes. March 17th, attended the Blarney Blasts, March 18t conducted the Gold Coast band, and on March 20th they will have their final concert. On March 19 attend the luxury Chamber of Commerce event. March 20th met with FEMA internal affairs agent, and attended an event with Lang Realty at the intercostal Park Club house. Commissioner Casello met with a HUD investigator. Commissioner Romelus met with a HUD investigator and attended the Community Fitness Day in conjunction with the Community Caring Center. She had her family in the audience. Commissioner McCray met with a HUD investigator. Met with a representative from INCA. Met with Assistant State Attorney Allen Johnson regarding the opioid epidemic. Vice Mayor Katz indicated he met with the HUD investigator 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. State Representative Lori Berman update. State Representative Lori, indicated this was the most difficult session, because of the Marjory Stoneman Douglass incident. It changed the tenor of the session. An $88 Billion dollar budget passed in the State of Florida. The State did not give teachers any raises; education funding was the same as it has been. Here in Palm Beach County people need affordable housing. She will continue to fight for more money for affordable housing. There was $100M for Florida Forever, last year there was nothing. Last year there was $50M for restoring the Herbert Hoover Dike. The tax package was lower this year; there will be hurricane preparation sales tax holiday June 1-7, 2018. This year school sales tax holiday will be three days only August 1-3, 2018. 2 Page 352 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Representative Berman stated the House session began with Hurricane Irma, the nursing homes death, the Me-Too movement, all of that was eclipsed with what happened at the school. She stated not much was done regarding the hurricane. There was some tax exemption with hurricane Irma, with nursing homes to buy some generators. Marjory Stoneman Douglas Bill passed, indicating the bill was $400M, about $67M goes to mental health, about $90M has been allocated to school Hardening, and the bill also includes gun restrictions. The new restriction states a person must be 21 years old to purchase a firearm, a 3-day waiting period, cannot purchase own or possess a bump stock. A bill she sponsored, if you are a law enforcement personnel, you can go to a court and ask for them not to be able to purchase a gun. This was an historic year, there were people on all sides and we came together and got it passed. The students and the parents came to Tallahassee and the legislature passed some bills. The other problem which Palm Beach County has had for many years has been the opioid crisis. Physicians are now limited to give opioids for 3 days only. She states they are trying to stop people from getting addicted to opioids. There will be many constitutional amendments on the ballot. There are four that are already on the ballot. Homestead exemption for people whose property was $100,000 to $125,000 would receive an exemption. There will be a restoration of rights for felons. There was an amendment which requires a super majority in the legislature to raise any taxes. She was concerned that this would tie the hands of future legislatures. She indicated she has trust in the legislature. She was happy to report that the League of Cities and the League of Counties came together. If anyone was contracting recycling material, also a preemption regarding access to beaches on private properties. She was disappointed the Bill texting while driving did not pass. This Bill was held up in the Senate. The marriage license Bill passed, the State of Florida applicant must be 18 years of age to get married. Lori LaVerriere, City Manager, stated the City of Boynton Beach Law Firm, Goren, Cherof, Doody & Ezrol, presented a new piece of gun legislation which an individual y deemed dangerous, guns could be taken away. Commissioner Casello commented their texting bill went through all of the House and then tied up in the Senate. Hopefully Representative Berman would be successful in her bid for the Senate seat. Commissioner McCray stated he was a little taken aback, when Representative Berman stated there was not any money for education. 3 Page 353 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Ms. LaVerriere informed the Commission and Representative Berman there was an appropriation of $300,000 which was not vetoed by the Governor for the reclaimed water supply. B. The 7th Annual South Florida Police K9 Competition will be held March 24, 2018 from 2 p.m. - 8 p.m. at Boynton Beach High School. More than 30 K9 teams from across the state will compete in an obstacle course and the hardest hitting/fastest running dog competition. This is a free community event. There will be a bounce house, rock climbing wall and SWAT obstacle course for the kids. Food and drinks available for purchase. No pets allowed. For more information, visit www.sflpolicek9competition.com Mayor Grant announced the 7th Annual South Florida Police K9 Competition would be held March 24, 2018 from 2 p.m. - 8 p.m. at Boynton Beach High School. C. Announcement by The Links at Boynton Beach Golf Course of the winners of the 2017/2018 Palm Beach County Women's Interclub Match Play League. Colin Groff, ,Assistant City Manager, announced the Links at Boynton Beach Gold Course winners of 2017/2018, introduced the team of the Palm Beach County Women's Interclub. Noted the ladies have come in first place. They have won two years consecutively. The nice thing about Boynton Beach was the trophy gets to be displayed at the Golf Course. Commissioner Casello thanked the ladies of the Links; the City appreciates everything which the ladies have done. D. Announcement by Recreation & Parks Director Wally Majors about the Youth Symposium that will be held at the Carolyn Sims Center on Saturday, April 7, beginning at 10 A.M. Wally Mayors, Director of Parks and Recreation, wanted to invite everyone to attend the Youth Symposium regarding cyber bullying. E. Announcement by Mary DeGraffenreidt, Events and Programs Manager regarding the annual Egg-Stravaganza, which will be held at Ezell Hester, Jr. Community Center on Saturday, March 31, 2018, from 10 a.m. - 12 p.m. Mary DeGraffenreidt, Events and Program Manager, noted on Saturday, the annual Egg-Stravaganza will take place at the Ezell Hester, Jr. Community Center on, March 31, 2018, from 10 a.m. - 12 p.m featuring Peter Cottontail, All golden egg winner will receive a special prize basket. Hop on over to the Egg-Stravaganza and have a photo taken with the Easter Bunny, 4 Page 354 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Commissioner McCray inquired as to why the change of venue for the Egg- Stravaganza. Ms. DeGraffenreidt indicated the Barrier Free Park added new playground equipment which limited the space. The Recreation Department wanted to open the area to add more play features, games and a variety of egg hunts. Ms. DeGraffenreidt said the Ezell Hester Center would accommodate all of the features Mayor Grant asked if there was a place for overflow parking. Ms. DeGraffenreidt indicated, the Parks and Recreation could shuttle residents in. F. Announcement of the launch of the City's new website on Tuesday, March 20 by Eleanor Krusell, Director of Public Communications and Marketing. Eleanor Krusell, Director of Public Information and Marketing, announced the City launched the newly designed webpage. The City previous website was developed 14 years ago, a redesigned was 5 years ago, the top five goals were: utilization of gribble, responsive design, customer driven, ADA compliant and brand driven. The purpose of the site was to provide a clear concise adaptable format. The site was not departmental driven but customer driven. Laura Lansburgh, Marketing Manager, noted the main social feeds are on the home page. The approximately 2500 pages on the past website were reduced to 250 pages. Ms. Lansburgh stated fillable forms, the ADA color compliance, online permitting and payment, adding additional module to engage the community. The City encourages feedback, and will modify the site to meet the residents' expectations. Commissioner Casello wanted to thank staff, the webpage was user friendly. He stated for the residents to be able to go on the website, it has taken a lot of time and once the bugs are ironed out it will be second to none. Commissioner Romelus indicated the website was user friendly. G. Announcement of the Announcement of the "Go Green Boynton Beach" events by Rebecca Harvey, Sustainability Coordinator. Rebecca Harvey, Sustainability Coordinator, stated the team first event was Green Energy on March 28th at the Intracoastal Park reducing energy, test and improve their home energy efficiency , wind resistance, PACE financing, how to afford solar. Ms. Harvey stated March was Florida Bike Month, hosting a Bike to Work Week. This was the final week of Let's Move Challenge. Please contact Harveyr _bbfl.us to sign up for Bike to Work Week. Ms. Harvey noted April 21, 2018 was Earth Day weekend. There will be Earth Day vendors, information about going green. Staff encourages all residents to plant trees on behalf of Arbor Day. 5 Page 355 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 H. Proclaim the month of April as Water Conservation Month for the City of Boynton Beach. Laura R.H. Corry Regional Representative for the South Florida Water Management District will accept the proclamation. Mayor Grant read the proclamation for the Water Conservation for the Month of April. Mr. Groff, Assistant City Manager stated this would not only put dollars in the resident's pockets, but the more people conserve the less the City has to go out and gather new resources. The City was glad to celebrate water conservation. 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) Lori Wilkinson, 2458 SW Cranbrooke Drive was present to honor a good friend. Ron Washam who served this City for many years. Boynton has been his home his entire life. He has helped the City in so many ways. Hopefully he will be honored. Mr. Washam loved this City and was involved in the MLK March. He served on the Greater Boynton Beach foundation; he has been involved in so many areas of Boynton Beach. Ms. Wilkinson wanted to thank our amazing paramedics, police and fire personnel. They were just stellar the way in which the family was treated. As a side note, she believed the system failed Ron Washam, by refusing to provide him with social security benefits and any type of assistance. Commissioner McCray indicated both Ron Washam and Mr. Wilkinson's father always visited the Senior Center. Minister Bernard Wright, President of Bernard Wright Ministry, Robert E. Wells Foundation, has a concern regarding the Carolyn Sims Center for the children during the summer time; they have been deprived from the use of that Center. The Center was built for the children. This was because of the private summer camp and spring break camp. Where are the children going? The City Manager should be committed to repairing this problem. The children are left out in the street, and then the City was speaking about curbing crime: Susan Oyer, 140 SE 27th Way, stated our City has lost one of its oldest residents, Marie Shepherd. She was instrumental in founding the Women's Club. She indicated March 24, from 8:30 pm to 9:30 p.m. asked Boynton Beach to turn off the lights. The lights impact the nocturnal animals especially in South Florida. Donald Ledswonth, 909 SW 3rd Avenue, indicated Shirley Cassa of Palm Beach Leisureville stated Palm Beach Leisureville would allow access to the residents. Since that meeting she has denied saying this. She now says only Palm Beach Leisureville 6 Page 356 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 will have access. Mr. Ledsworth indicated he spoke with Vice Mayor Katz and was assured this stipulation would be in the purchase agreement. He stated for the record, the purchase agreement states purchaser has full power to enter into the agreement. As of today Palm Beach Leisureville Board has not voted on purchasing the property, nor do they have the majority of the membership to make such a purchase. He continued on page 10 (14-B) of the contract stated the execution and delivery of the agreement and the consummation of the agreement, will not violate the corporate documents of purchaser. The Board can only spend $24,999, since the amount would exceed the spending threshold. Please have Palm Beach Leisureville provide proof from the community they have the authority to purchase the property Judith A Cloutier, 709 SW 1 St Court, noted why would the association purchase the property, there was no access. She believed selling the property for $24,999 makes no sense; she believes the property should be developed. The City needs affordable housing. She does not understand the agreement to purchase, to have access by the other neighborhood. There was no way the City of Boynton could hold them to their promise. Once it was sold the City would have nothing to say. The City should reconsider selling the land to Palm Beach Leisureville. Vice Mayor Katz noted the Board has not voted on the sale agreement, there are provisions of the agreement. To the concerns about public access, it was the consensus to have public access. Palm Beach Leisureville is not allowed to purchase the property without public access. Vice Mayor Katz indicated some of the information may not be correct. Ms. Cloutier asked about the park access. Vice Mayor Katz stated when Leisureville purchases the property they would need to provide access to the park for the Palm Beach Leisureville residents. Ms. Cloutier stated why not sell the land for more money. Vice Mayor Katz stated the land was earmarked for greenspace. With regards to affordable housing, the homes would sell for $270,000; Habitat for Humanity would price the houses at $240,000 Vice Mayor Katz noted the issues raised will be addressed in the final sales agreement. Herb Suss, 1711 Wood Fern Drive, attended the last session of Community Emergency Response Team (CERP). Hunters Run had the largest turnout. More people should join CER T. He spoke with the Fire Chief, about the end of May drills, called the walking dead. He hopes the Chief Joseph would be able to do this. Jonathan Porges President/CEO of the Greater Boynton Beach Chambers of Commerce and Michael Mohl Chairman of the Board of Directors, 1880 N. Congress Avenue, Suite 214, informed the Commission about the 5K race at the Boynton Beach Mall on April 14th . The Charity of choice was the Community Caring Center. They would like to take this opportunity to provide a statement regarding the Arts assessment fee. The development of the Downtown and the Federal Highway 7 Page 357 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 corridor underway the City continues to see growth and development, spurring economic growth and prosperity within the City. As the voice of the business community, the Chamber wishes to express its apprehension as it relates to the current structure of the Arts assessment fee. Soft costs and recurring maintenance associated from the arts fee presents a continuing expense for property owners, placing a hindrance to repeat and possibly future development of the City. The Chamber would like to recommend the following to the Commission for their consideration and adoption. Asked for the reduction of the 1% Arts assessment fee to .5% on project $10M and above. He concluded they look forward to working with the City to make Boynton Beach a great place to live, work and play. 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 Employee Pension Board: 1 Reg Historic Resource Preservation Bd.: 1 Alt Senior Advisory Bd: 2 Alts Mayor Grant stated they were no applications for the Employee Pension, Historic Resource Preservation Board or the Senior Advisory Board. Motion Mayor Grant moved to nominate Johanna Zell as a member of the Arts Commission (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner McCray moved to nominate Richard Bonnell as a member of the Historic Resources Preservation Board (ALT). Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 8 Page 358 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 B. Commission to discuss selection of Vice Mayor Mayor Grant wanted to congratulate Vice Mayor Katz on a fine job. Motion Commissioner McCray moved to nominate Commissioner Romelus to Vice Mayor. Commissioner Casello seconded the motion. Commissioner Casello requested clarification as to how long the Vice Mayor would serve. Mayor Grant stated to take out "until the next general election". Commissioner Casello stated it should state for a period of one year. Vote The motion unanimously passed. City Clerk Pyle swore Vice Mayor Romelus into office. Vice Mayor Romelus thanked the Board for the nomination. C. Motion to approve the Mayor travelling to Les Cayes, Haiti, May 2 - 7, 2018 Mayor Grant stated he has not heard back from the Department of State on whether he was allowed to use his campaign funds. Indicated he will not be using his campaign funds for the trip to Les Cayes, Haiti. He would like to travel as Mayor from the City of Boynton Beach. Commissioner McCray asked if he would by paying his own way. Mayor Grant indicated he would pay his own expenses. Commissioner Casello asked what agenda Mayor Grant would bring to Haiti. Mayor Grant stated Sister City International was to exchange cultural, educational and economics information. He would be there to promote exchange for tourism, and to promote cultural exchanges. Vice Mayor Romelus stated she commends the visit. She will be traveling to Haiti in August. 9 Page 359 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. Mayor Grant pulled item 6A. Vice Mayor Romelus pulled item 6C and 6D. A. PROPOSED RESOLUTION NO. R18-047 - Approve the agreement between the Boynton Beach Athletic Association, Inc. (BBAA) and the City that allows the BBAA to have exclusive use of the fields at Little League Park for a one year term beginning October 1, 2017. Commissioner McCray stated he needed clarification regarding the term. He noted on the backup material the term begins October 1, 2017. Lori LaVerriere stated the agreement has expired. Commissioner McCray stated the Little League have been using the field for five months into this agreement. He asked if this agreement could be pushed back. Mr. Groff stated normally it would be on the September agenda, this year it had taken longer than usual. Mr. Groff mentioned the hurricane caused a setback. He stated this needs to happen in September for the following year. Commissioner Casello inquired as to why the increase from $30,000 to $42,000. Mr. Groff stated the $30,000 was recommended in the budget for the current year, included in the budget was $12,000 for the electric. Mr. Groff explained in the previous agreement the City paid the electric bill. Staffs recommend moving the electric as part of the association's responsibility, and then provide an additional $12,000. Staff saw this as an incentive for the association to control the lights. He added if they go over the $12,000 the association must pay the difference. 10 Page 360 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Commissioner Casello inquired about the word "exclusive", was this exclusive to this ball club? Mr. Groff confirmed the Little League had preference to the baseball field. Commissioner Casello asked if other residents can use this club. Mr. Groff stated no. Commissioner Casello inquired as to how many participants actually live in the City of Boynton Beach. Mr. Groff stated a 60/40 split, the County having 60% and the City having 40%. Mr. Goff stated it could vary depending on the year. Commissioner Casello said more ballplayers are from outside the City limits are using this field which the City was subsidizing. Mayor Grant asked for Public Comments, Sean Boyle, Vice President of the Boynton Beach Athletic Association, 7698 Colony Lake Drive, explained he signed a contract with the City to maintain the fields. They maintain the field for the East Boynton Beach Little League. They have about 275 to 325 kids who play at the field. The fields are subsidized; the contract has been $20,OCC. The maintenance on the fields cost about $80,000 per year. The Little League through registration contributes approximately $50,000 to $60,000, to maintain from the fences in. When the contract ran out the Boynton Beach Athletic Association felt they needed to get more funding for the field maintenance. Presently what they are trying to do was to get the baseball field back on the Capital Improvement Plan. The League was spending more money on repairs. Whether it was 50% or 60/40, the Little League was contributing more than $50,000 to the City Park. The Little League has been playing there since the 1950s. Mr. Boyle said a lot of the dugouts are from the 1950. Major Grant asked if Mr. Boyle was ok with the current contract. Mr. Boyle stated he would like to have more money for the Park. He indicated $400 per month for baseball field for maintenance was not enough. The Boynton Beach Athletic Association has exclusive rights to the Park. They maintain the park, and allow other school to use the park. The Boynton Beach Athletic Association runs the schedule. If the City needs the park, Wally Majors will contact the Association, and this would be scheduled. Commissioner Casello asked if the Boynton Beach Athletic Association charge other schools to play on the field. Mr. Boyle stated they charge about $100. Commissioner Casello stated the City has about 28/29 parks, and to ask for more resources for this baseball field, it takes away from the other parks which are in greater need than the ball field. Mr. Boyle stated he understands, since 2006 the Little League Park has been left off the Capital Improvement Plan. While millions of dollars have been spent in the last 12 years 11 Page 361 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 on other projects, he indicated this leave them with a gap in the maintenance plan. Mr. Boyle said the Little League Park has been left behind. Commissioner Casello stated there have been many things which have been left behind. Commissioner McCray noted what was on the table tonight was $30,000 plus $12,000 for lighting. Commissioner McCray inquired as to the amount of the electric bill of last year. Mr. Groff responded the electric was almost $12,000. Commissioner McCray asked how well were the County ball fields used. Wally Majors, Recreation and Parks Director, responded the County fields are available. He stated more along the lines of long range planning, the City may look at the possible expansion of the Cemetery by using the Little League Ball field. The County has invested more than $4M for improvement of their parks. Commissioner McCray said the County was using surtax money for upgrades for the ballfield. Can any of the surtax money be used to help with the Little League field. Ms. LaVerriere, City Manager, responded legally the City can use the surtax money. Commissioner Katz stated he was in agreement with Commissioner McCray; this agreement should have been signed back in September. In conversation in recent months, there have been requests from a handful of individuals for a baseball facility; he does not think building one additional baseball field would make financial sense. If the Little League could partner with the City of Boynton Beach to market the league within the Heart of Boynton this would be an opportunity to satisfy some demand for baseball activity. If this Park has not received any Capital Improvement Funds there may be a need to do some Capital Improvements in the next budget year. Commissioner McCray said in regards to the ballfield, there is a ballfield in Galaxy Park. This Park was not being utilized. The players could use this field. Mayor Grant stated the next time there is open enrollment for the league, please come to the advertising department, so that this could be advertised through the social media. Galaxy Park was available for ballfield play. My Boyle said Boynton Beach Little League Park is an historic park. This year it was voted one of the top 12 places in Boynton Beach. Commissioner McCray stated the Home Improvement show "Extreme Makeover" updated the property, including the dugouts. Motion Commissioner McCray moved to approved. Commissioner Casello seconded the motion. 12 Page 362 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Vote The motion unanimously passed. B. PROPOSED RESOULTION - Approve the Interlocal Agreement between the City and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. C. PROPOSED RESOLUTION NO. R18-049 - Accept Quit Claim Deed from the Boynton Beach Community Redevelopment Agency for 120, 128 and 146 NW 11th Avenue within the Model Block project area. Mayor Grant read Proposed Resolution R18-049 by title only into the record. Andrew Mack, Director of Development, explained what the Commission was reviewing was a transferring of a deed from the Community Redevelopment Agency and a recording of an easement. The bids for NW 11 Avenue were being advertised. The City was looking forward to reconstructing NW 11 Avenue. Mr. Mack stated when the plat was recorded the City will go out for an RFP to partner with a builder or developer to construct the remaining 11 homes on NW 11 Avenue. Currently the City has 6 houses which were constructed by the Boynton Beach CDC, two by Habitat for Humanity and one was being constructed on the CRA lot on NW 10th as well. Vice Mayor Romelus said building out NW 11 Avenue will not open and make it a through street, and give Poinsettia better traffic flow. She wanted to commend staff. Mr. Mack stated this was a true partnership between the CRA and Boynton Beach. He said they have some beautiful homes in that area now. Commissioner Casello noted this goes back a few years. There was a grant through Wells Fargo; also the City had an artist rendition of a streetscape. Mr. Mack stated not on 10th, the rending was for the light on 10th Avenue. The City began eminent domain on 10th Avenue and decided it would be too costly to move forward. The City continued on 11th Avenue. Commissioner Casello said the street and sidewalks would look similar. Mr. Mack stated the City installed trees and sidewalks, but not the street lighting. Commissioner McCray indicated the main component would be the burying of the FPL cables. Mr. Mack stated on NW 11 Avenue, the overhead lines would be underground, Comcast and AT&T have removed their infrastructure off of the poles and FPL should have their infrastructure removed soon. Mayor Grant asked what the City was planning with the excess land on NW 11 Avenue, was the City taking all of the lots for the roadway. 13 Page 363 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Mr. Mack stated part of the plat would need a re plat of the lot lines for those lots. If the Commission accepts the deeds the City would acquire 11 lots on NW 11 Avenue. At which time the City could go out to an RFP to construct new homes. Vice Mayor Romelus wanted to thank the Development Department, they are out there at least once a quarter to help clean up and keep the area clean. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. D. PROPOSED RESOLUTION NO. R18-050 - Authorize the Mayor to sign two Easement Agreements that provides a 10 ft. utility easement along the frontage of 116 and 124 NW 11th Avenue. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. E. Approve a $5,000 donation to the Boy Scouts of America - Gulf Stream Council to go directly to support our Police Explorers; a youth mentoring program designed to help cultivate interest among our community youth in a future law enforcement career. F. Approve the Replat of Quantum Park at Boynton Beach, P.I.D. Plat No 5. as "Quantum Lake Villas West - Lot 52", conditioned on the approval being the certification of the plat documents by Gary Dunmyer (City Engineer). G. Approve the "Replat of a Portion of Lanehart's Subdivision" record replat, conditioned on the approval being the certification of the plat documents by Gary Dunmyer (City Engineer). H. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the three (3) month period ended December 31, 2017. 14 Page 364 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 I. Approve the one-year renewals of RFPs/Bids and/ or piggy-back contracts for the procurement of services and/or commodities as described in the written report for March 20, 2018 - "Request for Extensions and/or Piggybacks." J. Accept the written report to the Commission for purchases over $10,000 for the month of February 2018. K. Legal Expenses - February 2018 - information at the request of the City Commission. No action required. L. Approve the minutes from the Regular City Commission meeting held on March 6, 2018 Motion Commissioner McCray moved to approve the Consent Agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000- None A. Approve the purchase of new and replacement vehicles for Fire Rescue and Police Departments in the amount of $657,174.34 by utilizing the following contracts: Florida Sheriff's Association Contract#FSA17-VEL25.0 & FSA16- VEF12.0. The Florida Sheriffs Association's bid process satisfies the City's competitive bid requirements. Mayor Grant requested a motion. Motion Commissioner Casello moved to approve. Vice Mayor Romelus seconded the motion. Lori LaVerriere stated the City was purchasing 2 Fire Rescue Ambulance and one Motorcycle for the traffic unit. Vote The motion unanimously passed. 15 Page 365 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 8. 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. 18-003 - FIRST READING - Approve One Boynton (aka Las Ventanas) Rezoning (REZN 18-005) from MU-L (Mixed Use Low District) to MU-4 (Mixed Use 4 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 14.6 acre property. Applicant: City- initiated. Attorney Cherof swore in all those who wished to testify. Attorney Cherof read the Proposed Ordinance No. 18-003 into the record by title only. Mike Rumpf, Planning Zoning Director, advised this was the final installment of clean up items for the rezoning map; the mixed use zoning future land use, and the LDR, creating the new district. This was a City-initiated and represents the continuation of the "house cleaning" tasks following major changes to the City's future land use/zoning structure as part of the implementation of the CRA Plan. It seeks rezoning of the subject property consistent with the said new structure and with the Plan's site-specific recommendations. The MU-4 zoning district requested for Las Ventanas was adopted into the LDRs on January 3, 2017, as a first step in implementation of the CRA Plan; it was applied immediately thereafter to the adjacent Riverwalk project ultimately approved for the southeast corner of US-1 and Woolbright Road. The MU-4 district is conceived to be an important part in the overall strategy for increasing the development intensity in areas in and around downtown, including the "activity node" at the intersection of US-1 and Woolbright Road. The CRA Plan recommends Mixed Use High future land use and MU-4 zoning for all four corners of this intersection. Mayor Grant stated if the City does not approve this Ordinance, does that mean no new businesses can go here or any new businesses can go into this area. MU-4 was in the books, there was no subjective view of the MU-4. Mr. Rumpf said the new scheme would continue to process with the business application, another example, approved for Yatchman's plaza, those are grandfathered in, they are in line for new business. (8:07 Commissioner McCray!eft the dais) Commissioner Casello asked with this rezoning, could someone come in and tear down the One Ocean or Las Ventanas and place a 10 story building. 16 Page 366 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Mr. Rumpf responded a similar process like the one for Riverwalk, do a major site plan modification and develop it based on the new regulation. Mayor Grant asked for Public Audience; seeing no one come forward, Public Audience was closed. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Vote City Clerk Pyle called the roll The Vote was 5-0 (Commissioner McCray returned to the dais 8:09 pm and voted late) The motion unanimously passed. B. PROPOSED ORDINANCE NO. 18-004 - FIRST READING - Approve Timeless Life Care and 601 S. Federal Mixed Use rezoning (REZN 18- 006) from MU-1_2 (Mixed Use Low 2 District) to MU-2 (Mixed Use 2 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 2.41 acre area. Applicant: City-initiated Attorney Cherof read the Proposed Ordinance No. 18-004 into the record by title only. Mr. Rumpf, Planning and Zoning Director, stated this property was in the same corridor district of the CRA plan. The Land Use Recommendation was mix use medium, would change the new district to the new Mixed Use Medium future land use classification now on the properties allows a maximum density of 50 dwelling units per acre (du/ac); its two corresponding zoning designations, MU-2 and MU-3, have the respective maximum densities of 40 and 50 du/ac. Since the new zoning structure does not include a district with the same density cap, MU-2 is the appropriate choice, consistent with the recommendations of the CRA Plan. Mr. Rumpf indicated the CRA Plan recommendation of Mixed Use Medium (MXM) future land use extends further north of the subject properties, from SE 5t" Avenue to SE 2nd Avenue. For future redevelopment projects in this area, staff is likely to support the MU-3 zoning designation due to the proximity of the core of the downtown, where the highest intensity future land use category—Mix Use High (MXH)—is recommended. 17 Page 367 of 736 I Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote City Clerk Pyle called the roll The Vote was 5-0 The motion unanimously passed. 9. CITY MANAGER'S REPORT A. Discussion on Public Art Ordinance - 1) Having public artists submit three public art concept proposals; 2) Mayor inquiry on a portion of public art fees collected going to environmental projects. Ms. LaVerriere, City Manager, explained at the request of Commission I:atz and Mayor Grant for a consideration of the submittal of three public arts concepts. When there was a project being built, one is you go out for an RFQ, the City collaborate with the developer and issues a public call to artist. Debby Coles-Dobay, Public Arts Manager, explained a Request for Qualification and the Artist must submit their background information. Ms. LaVerriere stated the artist must qualify as a Public Artist. The Artist must have done at least three public art projects in the past. The qualifications come in. There was a selection committee comprised of someone representing the developer, an Arts Commission board member; public artist, a citizen at large, and someone from the project. Ms. LaVerriere indicated the selection committee goes through and vets the public artist which has submitted an interest. Ms. Coles-Dobay typically there is two of three artists. It was based on the back ground of the artist, what projects have been done, the background and past projects. The commissioning agencies are contacted. Ms. LaVerriere noted the artists are invited to submit concepts, and then the artists are invited to provide concepts, with the guidelines of the public art which may be appropriate. Ms. Coles-Dobay stated basically the Art Commission sees the artist, then the selection panel has narrowed it down to the artists, who are qualified, then it goes out to the proposal stage. The artist is given a stipend to do proposals and submit the artwork back to the panel. Then the selection panel makes the selection from the submitted work. The Arts Commission has the final approval. 18 Page 368 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Ms. LaVerriere noted this was one way. She stated it was about 50/50 as to how these processes are used. The other way the developer has the opportunity to invite the artist. The developer will go and identify an artist which they like. The developers can go out and select one potential artist. Ms. Coles-Dobay said the key to getting a good public art project outcome was getting information to the artist. Such as what was good for the community, was it good for the project, what criteria matches the project. She stated she sees it as how does the City market the project. She stated she educates the developer on the different types of art in the City, which are kinetic, eco and glass art. Ms. LaVerriere noted those are the two processes. The first process was about 2 — 3 months. The second process would take about 2 months. The developer wants to maintain the control of his dollars. The second process preserves the rights of the developers to control how the money will be spent. Both process work. Stipends are provided to the public artist to develop a concept out of the art fee. The more people who are asked the more money was coming out of the fee. Ms. Coles-Dobay noted when an artist was provided a concept, the City would receive the best the artist has to offer, based on the criteria, Ms. LaVerriere stated it does not make sense to require the artist to submit three proposals. They all are going to be very similar. Ms. Coles-Dobay noted the artist was developing the art based on the criteria. Commissioner Katz wanted to clarify; it was to expand the art pieces, whatever the process of selecting the artist. He wanted to make sure, the only advisory board which makes the final decision. Who determines the best idea? The Commission will never know if this was the best idea. Commissioner Katz wanted to make sure the Art Commission by authoring that piece of art was making the best decision. He has heard from the developers they want to have more control and more choice. He stated that art was subjective. He likes the idea of choice. The advisory board was only given one choice. Commissioner Casello asked if the developer was given the concept, which the City would like to see, can the developer secure its own artist and have the final say. Ms. Coles-Dobay recommended the request for qualification process. Commissioner Casello indicated if the developer's artist qualifies, he can go with his chosen one. Ms. LaVerriere stated this would preserve how the money will be spent. Commissioner Casello noted he does not want to take the choice out of the developer's hands. Ms. LaVerriere responded this was a team effort, the City try to encourage this. 19 Page 369 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Commissioner McCray asked how long the Arts Commission had been in the City. Ms. Coles-Dobay responded they were appointed 2003. Commissioner McCray asked if the City had any problems with the procedures. He believed the reason this has come up because the art piece on 500 Ocean. Since that piece has been placed out there it has been recognized in three magazines. Vice Mayor Romelus noted she wanted to make sure the City has local community preference, to provide more options and having more artists to submit more works. As the City looks forward to Town Square, the City have a $250M project that would be an opportunity for some local artist to display their work. The art work would bring more traffic. She loves Mr. Paley as an artist; he was a world renowned artist. The City of Boynton Beach has some artist, would like to continue to spread the opportunity, Mayor Grant opened to public comment. Herb Suss, 1711 Wood Fern Drive, noted Town Center was important, would the community have a say in the Town Center project. This project was long overdue. Mayor Grant said there are open spots available on the Ails Commission Board. Mayor Grant stated the Arts Commission has public meetings. Indicated the meetings were held the 2nd Thursday of the month at 6:30 p.m. at Fire Station #3. Ms. LaVerriere indicated there was a public visioning meeting, as we move through the development there may be more meetings. Mayor Grant asked if a developer selects their own artist, does the Arts Commission have the ability to have a conversation with the artist. Ms. Coles-Dobay responded typically there was not any conversation; there was a criterion which was set. When the proposal was prepared that information was addressed. Mayor Grant said if the artist had a chance to speak with the Arts Commission prior to the design, the information was on paper, but if the artist could have a conversation with the Arts Commission. Commissioner McCray inquired about the 1% the developers are required to pay. Asked there were any complaints from the developers. Ms. Coles-Dobay responded once an explanation was given how the art fee works, the developers were excited about the art work. Vice Mayor Romelus noted on a different subject, she noticed not all the boards have locations where the meetings were held. Motion Commissioner Katz motioned to submit multiple pieces from the artist for the Arts Commission to discuss. 20 Page 370 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Commissioner McCray inquired with the request for qualification, how many artist does it go out to? Ms. Coles-Dobay responded it goes to two artists. Commissioner McCray asked how many rendering does the artist present to the Art Commission? Ms. Coles- Dobay said many times the artist does come to the Art Commission meeting. This was not a requirement. Ms. LaVerriere indicated it would be more expensive to have more renderings and the more artists involved. Vote The motion failed for a lack of a second.. 10. UNFINISHED BUSINESS A. - Commission to consider a land sale agreement to Leisureville for land parcel adjacent to Palm Beach Leisureville. (Leisureville has requested to postpone until April 3, '3018) Mayor Grant asked for a motion. Motion Commissioner Katz moved to retable for the April 3, 2018 Commission meeting. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 11. NEW BUSINESS A. Approve the request of Commissioner Mack McCray to distribute $500 of his Community Support Funds to the Youth Enrichment Association for Academic & Athletics. East Boynton Beach Wildcats. Vice Mayor Romelus indicated she would like to contribute $250 from her Community Support Fund to the Youth Enrichment Association for Academic and Athletics (East Boynton Beach Wildcats). Motion Commissioner Casello moved to approve Commissioner McCray $500 and Vice Mayor $250 from their Community Support Funds to the Youth Enrichment Association for 21 Page 371 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Academic and Athletics (East Boynton Beach Wildcats). Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 12. LEGAL-None 13. FUTURE AGENDA ITEMS A. Result of Textile Recycling RFP and recommendation - April 3, 2018 B. Staff to review PBC Ordinance on Panhandlers - April 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. Vice-Mayor Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD E. Mayor to discuss a sustainability committee — TBD F. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 4th Avenue adjacent to 1-95. TBD Commissioner Casello stated he does not see anything regarding the dogs on the beach. Ms. LaVerriere stated a survey has been conducted and the results will be discussed on the April 3rd meeting. Mayor Grant asked instead of a Sustainability Committee, could it be a taskforce. Ms. LaVerriere noted this can be discussed at the next meeting. Vice Mayor Romelus noted she serves on the Tourist Development Council with Palm Beach County. Boynton Beach was doing some tremendous things, with the possibility with some hotels, increasing the bed tax within Palm Beach County. Wanted to give staff a pat on the back. We are creating buzz within the County and within our State. 22 Page 372 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 14. ADJOURNMENT Motion There being no further business to discuss, Vice Mayor Romelus moved to adjourn. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:43 p.m. (Continued on next page) 23 Page 373 of 736 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner - Justin Katz Commissioner— Mack McCray Commissioner - Joe Casello ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 24 Page 374 of 736 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY APRIL 3, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Tim Howard, Assistant City Manager Christina Romelus, Vice Mayor Jim Cherof, City Attorney Mack McCray, Commissioner Judith A. Pyle, City Clerk Justin Katz, 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 Mayor Grant gave the invocation Pledge of Allegiance to the Flag led by the led by Vice Mayor Romelus Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add to future agenda a Bike Share program. Also wanted to add a preliminary Budget workshop for May 29, 2018. This would be a publicly noticed meeting. Add under New Business A, Gun Control lawsuit against the State of Florida. Attorney Cherof indicated he will provide an update on the Class Action lawsuit against the Opioid manufacturers at the next Commission meeting. Commissioner Katz stated he has not seen or read anything regarding the gun lawsuit and would like to have this as a Future Agenda item. 2. Adoption Page 375 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Motion Commissioner Casello moved to approve the agenda as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. . OTHER A. Informational items by Members of the City Commission Commissioner Katz had nothing to report. Commissioner McCray noted he would like to thank Frank Ireland of the Carolyn Sims Center and Deputy Chief Latosha Clemons and the men and women of the Fire Department provided love and compassion to the children. Thanked Mary DeGraffenreidt for the Easter Egg-Stravaganza. Acknowledge staff member in the Parks Department for thinking outside the box regarding litter containers. Commissioner McCray recalled an incident at CVS Pharmacy and the police were called. The police officers were very professional conducting their business. Lastly he thanked the Commissioners and Mayor for their kind words. Vice Mayor Romelus attended the Junior Fire Academy graduation; kudos to Deputy Chief Clemons, as well as Chief Joseph. She pointed out the Junior Fire Academy was a strictly volunteer program. She also attended the Easter Egg-Stravaganza at the Hester Center. Commissioner Casello noted in the next couple of days there would be a firefighter from Key West making a foot journey to Tallahassee, to bring awareness to Cancer. Mayor Grant attended a meeting with COBWRA on March 21St. On March 23rd he went on a fishing trip. He attended the Junior Fire Academy graduation and would like the Junior Fire Academy to be an ongoing program. Monday, March 26th met with the head of international sales for Bahama Paradise Cruise Line. March 28th attended COP volunteers' event at the Intercostal Park Clubhouse, attended the League of Cities meeting, and attended a green energy workshop. Mayor Grant mentioned on April 25th there will be a sustainability and resiliency workshop. The City will start a sustainability and resiliency taskforce. March, 29th attended the Palm Beach County Transportation Planning Agency Steering Committee meeting. Mayor Grant noted the PBCTPA was going from a County run organization to an independent run organization. It was expected City members will pay a fee of 10 cents per resident. March 30th attended the FPL event for their Emergency Operation Center in Greater Boynton Beach. March 31St 2 Page 376 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 attended the Easter Egg-Stravaganza and later that evening he attended the first ever Boynton Beach Reggae Fest. He wished everyone a great Easter and Passover Holiday. Mayor Grant spoke with Gulfstream Goodwill and Florida Textile Recycling representatives. Spoke with Mayor Mike Brown of Hypoluxo regarding a water agreement, between the City of Boynton Beach and Hypoluxo. Commissioner McCray indicated he needed clarification regarding the taskforce being created; this was not an advisory board. Mayor Grant responded instead of making recommendation, he wanted to see them out in the City of Boynton Beach making things better for the City. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the 13th Annual Boynton Beach Firefighter Fishing Tournament and Firehouse Chili Cook-off on April 21, 2018 by Chief Glenn Joseph. Chief Glenn Joseph noted the Youth Academy was a joint venture between the Recreation Department and the Fire Department. Firefighter, Chris Lemieux indicated he has been involved with this event before working for the City of Boynton Beach. Noted last year the City raised more than $12,000 for the Boynton Beach Kiwanis Club. There were many local businesses involved. Announced the 13th Annual Boynton Beach Firefighter Fishing Tournament and Firehouse Chili Cook-off being held on April 21St at the Harvey Oyer Park. Thanked the Commission and the Chief for their support. Commissioner McCray asked if Commissioner Casello would be a judge this year. Commissioner Casello indicated he has been a judge for the past three years and looks forward to this event. B. Present a Certificate of Achievement from Mayor Grant to Tekeira Poole, a recent Career Online High School (COHS) Graduate. Ms. Poole was awarded a COHS Scholarship from Library staff in November 2016. Mayor Grant presented Tekeira Poole with her High School Diploma. Tekeira Poole thanked everyone for the opportunity to continue her education. Craig Clark, Library Director, wanted to announce how proud he was of Ms. Poole; she overcame some obstacles to get her high school diploma. Ms. Poole will be moving onto college soon. It gave him great joy to see her success. 3 Page 377 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Jeannie Taylor, Head Librarian, stated there are many scholarships opportunities available for those who wish to pursue their education. Commissioner McCray thanked Ms. Poole for leading by example for her daughter. C. Proclaim April 8 to 14, 2018, as National Library Week and Tuesday, April 12, 2018, as National Library Workers Day. Mayor Grant read the proclamation into the record. Craig Clark, Library Director, thanked the Commission for their continued support of the Library and the dedicated Library staff. The staff is what makes a library successful. Vice Mayor Romelus noted there were some changes regarding borrowing privileges. Mr. Clark stated there was an updated borrowing policy. The Library allow up to 30 items to be checked out from the library. Mr. Clark noted there have been great reviews coming in from the public for the expansion of borrowing privileges. D. Proclaim the month of April 2018 as Paralyzed Veterans of America Month. Mayor Grant read the proclamation into the record. E. Past President and PVA National Vice-President Charles Brown will be accepting the proclamation on behalf Paralyzed Veterans of America Florida Chapter. Mayor Grant read the proclamation into the record. F. Proclaim April 10, 2018 as Gopher Tortoise Day in the City of Boynton Beach. Mayor Grant read the proclamation into the record. Rebecca Harvey, Sustainability Coordinator, informed the Commission that Boynton Beach was joining 17 other Florida communities in celebrating Gopher Tortoise Day. The Gopher Tortoises is a threatened species. The Gopher tortoises live more than 60 years. This species has been seen on the East Water Treatment Plant. Glenda Hall, Forestry and Grounds Manager, Boynton Beach has gopher Tortoise has habitat in the Galaxy Sand Pine preserve, Seacrest and Rosemary scrub natural areas, the Nickels Property (a future park site), Sand Pines preserves at Quantum, The proposed Echo Park in Quantum, and the East Water Treatment Plant. She indicated the City have some wonderful tortoise with some age. Mayor Grant informed the audience of a former Mayor Michael V. Michael passed away February 1 , 2018 in Dixson, Tennessee. He came to Boynton Beach and was founder 4 Page 378 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 of Michael Nursery. Was Vice Mayor in 1967 held the office of Mayor 1967-1968 and was a councilman from 1969-1970. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 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. Susan Oyer, 140 SE 27 Way, shared Marie Shepard's obituary with the Commission. Stated Ms. Shepard was an integral part of the City history. David Katz 67 Midwood Lane, asked the status of the Advisory board Dinner. Lori LaVerriere, City Manager, stated the dinner was being planned for September. Mr. Katz stated curbstoning was against the law in the City of Boynton Beach. He stated he informed Mr. Woods, Directory of Community Standards, who advised it was the Police Departments' responsibility. He contacted the Police Department and was told the responsible party was the Community Standard Department. Ms. LaVerriere stated it was a collaborative effort on both the Community Standards Department and the Police Department. It requires the Police Department assistance to run tags, because of access to delicate information, that the Community Standards officer does not have access. Mayor Grant asked if curb stoning was a criminal statute or was it a municipal ordinance. If it was a violation of an Ordinance it would be under Community Standards. Ms. LaVerriere stated to run the tag information and have access to the vehicle, it requires NCIC/CICS. Mayor Grant stated Community Standards cannot do that, because they are not part of the Police Department. Ms. LaVerriere responded no, it was because they were not trained Police Officers. Mayor Grant requested the City Manager to find out who takes care of this. 5 Page 379 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Mr. Katz stated if Community Standards does not work on the weekend, if a Police Officer could ride by. They could have had the Toyota Camry towed. The other vehicle had a dealer tag on it. Minister Bernard Wright, President of Bernard Wright Ministry, Robert E. Wells Foundation and Real Talk .Radio, said the Fire Academy was awesome, the City needed more of these programs. He said being a community advocate; the children are being deprived of the Carolyn Sims Center, which was for the neighborhood children. The children are not allowed to get a drink of water when camp is in session. He does not think it was fair or just. He believes this was illegal. He contacted the Commission and has not received a response. He trusts this would be taken under advisement and addressed before summer. Stated the residents are trying to curb crime and raise the children the best they can. Commissioner Katz responded it was legal for the City to run a camp program in the City facilities. In order for the paying customers of these programs to have their children enrolled, there needs to be some rules about people who are not enrolled entering the facility. This was a program provided to the residents of the community, which is well attended and well received. He did not anticipate killing the program anytime soon. Minister Wright stated he was not asking for the program to be killed, he was asking for access to the Center. The Center was built for the children in the neighborhood. These black children do not have access to the Center during summer or spring break. Mayor Grant responded there are alternatives, such as the Library. Minister Bernard Wright stressed this needed to be addressed. Harry Woodworth, 685 NE 15 Avenue, provided an update of what was going on in his area. He stated the U-Haul issue has improved. Sergeant Hawkins has done an amazing job of keeping their equipment on their property. It was going in the right direction; the bicycle lane was blocked for most of the day on Monday. If the Commission was not going to address the problem, please don't put a bike lane down Federal Highway. If you cannot use the lane why put it there. He also wanted to speak about the derelict boats in his neighborhood. The Boynton Beach Police Department rescued a boat which had broken away, and these boats are throwing their sewage into the water. The law was on the City of Boynton Beach side on at-risk vessels. Florida Statues has provisions with dealing with at-risk vessels. Locking up the sewer lines is mandatory inside coastal waters. He has personally watched this violation going on. He cannot understand why the City of Boynton Beach does not address this issue. Lucas Vogel, 1090 SW 24 Avenue, indicated it has been great joining the Planning and Zoning Board. Indicated in the last meeting they spoke about One Boynton, most of which was considered housekeeping issues. There are a lot of development projects on the way. Please consider tabling any further zoning until we get everything built. So 6 Page 380 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 the projects can be accessed. The Town Square Center financing was lacking, looking for the public private agency. He was concerned about his taxes. He was not able to find any information or get a better understanding of the details behind that. Mr. Vogel stated he could not find information regarding the financing of the $250M. He would like to have some details about the financing. He looked on the website but could not find any information. Commissioner McCray directed staff to provide information regarding derelict boats and what can be done. Lori LaVerriere, City Manager, indicated she has spoken with the City Attorney regarding some more aggressive action. Ms. LaVerriere noted documentation for Town Square was being finalized. Mayor Grant stated if anyone else wanted information a Public Records Request can be submitted to the City Clerk's office. Seeing no one else coming forward, Mayor Grant closed Public Audience. 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 1 Alts Employee Pension Board: 1 Regs Senior Advisory Bd: 2 Alts Mayor Grant announced there were no applicants for the Arts Commission, Building Board of Adjustments & Appeals, Employee Pension Board, or Senior Advisory Bd. B. PROPOSED RESOLUTIONR18-051 - Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. Commissioner McCray wanted to know who was serving on the County-Wide Intergovernmental Coordination program as a regular and who was the alternate. Vice Mayor Romelus replied she was currently serving as a representative for this Board. 7 Page 381 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Commissioner Katz noted he had a more flexible schedule, and was under the assumption that Commissioner Casello would be leaving the Commission in November. Commissioner Casello was the current COBWRA representative. Commissioner Katz stated he was interested in the alternate position. Commissioner Katz has worked at Park Vista School in the COBWRA territory for the past 10 years and has strong ties to the local community. He would appreciate taking the alternate slot once Commissioner Casello leaves in November. Mayor Grant asked for a nomination for Vice Mayor Romelus to serve as a Regular for the County Wide Intergovernmental Coordination Program and Lori LaVerriere City Manager to serve as the Alternate. Motion Commissioner McCray moved to nominate Vice Mayor Romelus to serve as a regular for the County Wide Intergovernmental Coordination Program and Lori LaVerriere City Manager to serve as the Alternate. Commissioner Casello seconded the motion. Vote The motion unanimously passed C. - Appoint a City Commission representative and alternate to the Metropolitan Planning Organization Mayor Grant stated the MPO has changed its name to the Transportation Planning Agency. Noted he was serving on the Steering Committee and would like to continue serving in that capacity. Requested Commissioner McCray step in as the alternate. Motion Commissioner McCray moved to nominate Mayor Grant to serve as a regular for Transportation Planning Agency and Commissioner McCray as Alternate. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed D. PROPOSED RESOLUTION NO. R18-053 - Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. 8 Page 382 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Commissioner Casello indicated he would like to continue in that position for the time being; he would be resigning in the near future. Motion Commissioner McCray moved to nominate Commissioner Caseilo to serve as a regular for the Palm Beach County League of Cities and Commissioner McCray as Alternate. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed E. PROPOSED RESOLUTION N . 18-054 - Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA). Commissioner Casello would like to continue in that position for the time being; he would be resigning in the near future Motion Commissioner McCray moved to nominate Commissioner Casello to serve as a regular for the COBWRA and Commissioner Katz as alternate. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve an increase to estimated expenditure to Iron Container of Miami, FL from $70,000 to $95,000 per City Bid #016-2515-15/JMA due to the need to purchase additional containers and replace ones that cannot be repaired. B. PROPOSED RESOLUTION NO. R18-055 - Approve and authorize the City Manager to sign an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2018-2019 budget with the scope of professional services and specialized assistance in the amount of$17,500. 9 Page 383 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 C. PROPOSED RESOLUTION NO. R18-056 - Authorize the Mayor to sign an Interlocal Grant Agreement between the the City of Boynton Beach and Solid Waste Authority of Palm Beach County for $16,000 of funding towards the cost of installing an industrial, automated gate at the City's Rolling Green complex. The estimated cost of the project is $35,000 and the City will be providing the balance of $19,000. D. PROPOSED RESOLUTION - Authorize the City Manager to execute application for a grant from the Palm Beach County Transportation Planning Authority's Local Initiative Program for Improvements to Boynton Beach Boulevard between NW 3rd Street and US 1/Federal Highway. E. Approve the minutes from the Special Joint City Commission and Community Redevelopment Agency Board meeting held on March 13, 2018 Mayor Grant asked for a motion to approve Consent Agenda item. Motion Commissioner Katz moved to approve the Consent Agenda. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTIONR18-058 - Approve an Agreement with Gulfstream Goodwill Industries, Inc. of West Palm Beach, FL for a Textile Recycling Franchise, RFP No. 009-1210-18/IT, for an initial three (3) year term. This is a revenue generating Agreement whereby Gulfstream Goodwill Industries, Inc. shall pay to the City a fixed monthly fee of $8,328.00, or $99,938.00 annually for the exclusive right to implement a Textile Recycling Program for City-owned Properties (Option B of the RFP). The Agreement will begin upon full execution and end three years from that date with an option to renew for an additional three (3) year term, if deemed in the City's best interest. The renewal term will be brought back to City Commission for approval. Tim Howard, Assistant City Manager, indicated the RFP had two options. It allowed for vendors to propose on either or both of the following options: Option A: Exclusive City-wide Franchise Program; and/or Option B: Exclusive City-owned Property Franchise Program FLSC, LLC d/b/a Florida Textile Recycling Program proposed for both Option A & B; Gulfstream Goodwill Industries, Inc. proposed for only option B. 10 Page 384 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Commissioner Casello inquired as to the location of the Goodwill containers. Requested example of where these boxes would be located. Mr. Howard stated it could be City Hall, the Museum, at the Hester Center, any City-owned property. Mr. Howard stated the vendors would work with staff. Commissioner Casello asked if that was a good idea having Goodwill boxes on City property. Mr. Howard stated he was presenting the information the Commission requested. Commissioner Casello stated this was for City- owned property only. Mr. Howard stated this was for option B. Commissioner McCray asked who served on the review committee for the bin placements. Mr. Howard responded the selection committee was comprised of Andrew Mack, Director of Development; Mike Rumpf, Planning & Zoning Director; and Wally Majors, Director of Recreation & Parks. Commissioner McCray inquired as to how many meetings were held to make the decision. Mr. Howard explained the process was the committee receive the proposals and individually review them, and then in a public meeting they score them based on the criteria in the RFP. It indicated it was one meeting to rank them. Commissioner McCray asked if they met jointly. Mr. Howard replied they did not meet jointly; they reviewed individually and had one public meeting. Ms. LaVerriere noted the review committee was subject to the Sunshine rules. Mayor Grant inquired if the City moves forward on the City-owned property option, would it prevent businesses from going to private businesses and have their own bins according to the City statutes. Attorney Cherof replied not prohibited. Mayor Grant stated there could be some bins on City-owned property, as many as the Code allows. Mr. Howard stated there are some containers on school properties and places of worship. This would only be on City-owned property. Mayor Grant stated they have bins at other places such as Walgreens. Mr. Howard noted they understand there are some bins out there, but it was not permitted. Mayor Grant asked if the City moves forward with the City-owned option, will the City begin enforcing non-permitted bins. Commissioner McCray asked if the City has any Goodwill collection boxes. Mr. Howard responded not in the City. Commissioner Katz asked for clarification. If the Commission accepted a City-owned property only option, would that prohibit anyone from placing bins on private property, not City-owned property? Michael Rumpf, Planning and Zoning Director, advised there are standards and rules in the Land Development Regulations (LDR). These rules guide the City in reviewing containers. Someone can come in and get an approval for private property. The standards governs how many, where the bins are located, how big and the signage which are placed on the bins. This would be a separate process, unless the Commission directs staff to change the process. 11 Page 385 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Commissioner Katz noted the request by Goodwill would yield approximately $100,000 and they are asking for City-owned property opportunities. What would the potential revenue for the City-wide revenue. He was curious for the potential City-wide estimate. Mr. Howard stated the proposal from Florida Textile on the City-wide option was $2,000 a year per bin, on City-owned property it was $1200 per bin per year. It was based on the number of bins placed. Mayor Grant stated in order to match Gulfstream they needed to place 50 bins on City- owned property. Commissioner McCray noted when the City starts placing bins whether on City-owned property or City-wide there will be problems with the areas being a dumping ground. Commissioner McCray asked who would be responsible for cleaning up the area. Commissioner Casello asked what was being done for the enforcement of bins not permitted. Mr. Rumpf stated the LDR would need to be amended. Brian Edwards, Gulfstream Goodwill, Vice President of Marketing and Development has spent the better part of seven years working hard to ban donation bins. There were many reasons, such as safety and health and human services. Goodwill provides services to residents or any others in need. Revenue generated by donations are very important for supporting those services. Gulfstream does not have unattended donation bins. There are attended donated bins centers called inline donation centers. In terms of collected goods, and processing materials, Goodwill uses that revenue to support services within all municipalities. Gulfstream has committed the man power, having the boxes clearly marked, the City requires hurricane tie downs, the fact that you are moving forward into a contract, guidelines and standard have been set. Commissioner Katz asked why only City-owned property, and not City-wide. Mr. Edwards replied they are a nonprofit. They have over 24 different services, we have a charter school for special needs children, traumatic brain injury center, light house for the Blind; the cost adds up. There was a cost to negotiate a fee for privately owned property. It was taken into consideration for a safety protection. Gulfstream went with option B. Commissioner Katz asked if the bin sites would be manned. Mr. Edwards indicated by virtue of the requirement in the RFP, the site would not be manned. Gulfstream would love the opportunity to negotiate an attended site. Commissioner Katz stated Gulfstream participation in the bid process was more of a defensive move. There was always the argument that there was always more to go around. This was not the case. 12 Page 386 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Commissioner Katz inquired what other local municipality has Goodwill contacted to restrict bin usage. Mr. Edwards indicated they have been in almost all municipalities. He mentioned West Palm Beach, Lake Worth, Palm Beach County, Jupiter, and there were quite a few banning the bins. Commissioner Katz inquired if any of those municipalities banned the bins. Mr. Edwards responded they have. Commissioner Katz questioned if was fair to say an established entity seeking to ban completion, was trying to create a de facto monopoly. Indicated by banning other organization bins, Goodwill was boxing out the competition. Mr. Edwards stated that has been an argument regarding a monopoly at every meeting they have every attended. They have always been joined by other non-profits. Commissioner McCray asked if the money which Goodwill raises in Palm Beach County remains in Palm Beach County. Mr. Edwards stated it does. Mark Douglas, Chairman of Florida Textile Recycling Program, (FTRP) indicated Goodwill was the biggest proponent of the bins; he was surprised to see the bid from Goodwill. Mr. Douglas stated FTRP currently have a contract with Habit for Humanity; they are paid by the pound. FTRP have bins at schools in Boynton Beach, the payment was based on the amount of textiles collected. When this RFP was submitted they believed it was to increase the level of sustainability in the City of Boynton Beach. Option A, which was bid on was the most impactful of all the options with respect to achieving this goal and making recycling easier for the City of Boynton Beach residents. FTRP was a comprehensive, professionally run municipal program for a City-wide textile recycling, which has evolved and been on the cutting edge of innovation by utilizing the technology to enhance efficiencies and sustainability. This program was the first and only program in the State of Florida in existence which has been adopted by governmental entity and has proven successful in removing of millions of pounds from the local landfill in the past 3 years. FTRP has contracts with the Town of Davie, Marion County, the City of Hollywood and the Duvall County Public School Board. He stated every bin in the State of Florida has a contract. In the Town of Davie the program has generated more than $360,000 in revenue and vouchers and 4.1 M pounds have been diverted from the landfills. In the City of Boynton Beach with 50 bins in the same 3 years' timeframe 4.1M pounds of textiles can be diverted, with the tipping fees would generate substantial savings over and above the $2,000 per year, per bin which they have offered. The program uses innovated techniques and technology which was head and shoulder above any competitors to not only enhance sustainability but also reduces the carbon footprint. This would allow the City to forecast the reduction of disposal saving the City will see as a result of this program. Mr. Douglas provided documentation regarding the bins and the technology. Mr. Douglas noted they have eyes on the bins on a daily basis. The software provides text and email notifications, as these bins are filling. The areas of the bins are kept clear within a 10 foot radius. FTRP was the only company which has a hurricane preparedness program in place. FTRP recycling rewards programs allowing local businesses to provide coupons of their choice to reward residents for recycling and increasing foot traffic to their local business. 13 Page 387 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Mr. Douglas noted the bid was for 50 bins at $2,000 per bin which is a $100,000 per year in revenue to the City. He stated with CPI annual increases, its voucher program, its clothing drives, the recycling credits and the City-wide disposal saving far exceeds any other offer received. FTRP was the only company with municipality contracts and experience in operating successful, comprehensive, professionally run, City-wide textile and recycling program. He hopes preference will be given to contract with other governmental entities. Andre Parks, Attorney for Florida Textile Recycle Program, stated when speaking of qualification within the State of Florida, this was a sophisticated and complex system. This was a state of the art system made for sustainability and drive efficiency. This was a marriage between technology and human capital. Commissioner Katz noted FTRP made a reference to the revenue generated. Was it FTRP intention to place 50 bins within the City of Boynton Beach? Reference was also made to other fees which would come to the City. What are those other fees and the annual dollar amount? Mr. Douglas explained the 50 bins could be placed in shopping centers, plus the vouchers. The CPI increases every year. In a City similar to Boynton Beach, they have received more than $300,000, in Palm Beach County. It would be about $85,000 in additional savings for the City. Commissioner McCray noted the City logo, inquired if permission was acquired. Mr. Douglas replied yes. Commissioner McCray stated on page 30 it indicates bins are unsafe. Commissioner Casello asked about the schools being serviced. Mr. Douglas replied South Tech Charter Academy, South Tech Preparatory Academy, and Imagine School Chancellor. Commissioner Casello asked how long has these bins been at the schools. Mr. Douglas indicated since 2016. Commissioner Casello inquired as to how many pounds are picked up from the bins. Mr. Douglas stated he could get this information at a later time. Commissioner McCray asked the three schools are the bins permitted Mr. Howard replied they have not gone through the permit process. Commissioner Casello inquired how many have gone through the permitting process. Mr. Rumpf responded for the past two years there have been a couple of company which applied for permits, but they have not been approved. Commissioner Casello clarified the City has not permitted any company and to the best of Mr. Rumpf's knowledge there were no permits given. Ms. LaVerriere indicated if the City moves forward with allowing the recycling program, the regulations would be changed and adding an exemption for Houses of Worship and Schools. 14 Page 388 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Vice Mayor Romelus, indicated FTRP mention sensors would be inside the bins, one of the main concerns would individuals dumping outside of the bins. How will this be tracked? Mr. Douglas stated the sensors measure the inside of the bins. There is a dedicated person in each municipality who goes around in a truck or a van and checks every day, and if items are dumped around the bin it will be removed immediately. Vice Mayor Romelus asked if the bins would be monitored seven days a week. Mr. Douglas responded this was correct. Mr. Douglas indicated the schools have given permission for the bins to be on their property. Commissioner McCray inquired as to the funds collected by the schools, is the revenue used by the school. Mr. Douglas replied a check was written to the school once a month for all the poundage which was collected. Commissioner McCray said Goodwill was used County-wide. Vice Mayor Romelus asked if the contract would be awarded for part B for City-owned, what would be the cost differential with what Goodwill was purposing and what FTRP was purposing. Mr. Howard stated it would depend on the number of bins. Florida Textile offered $1,200 per bin offered for City-owned property. Goodwill mentioned 10 sites for the monthly amount of$83.92 per site. Vice Mayor Romelus said the City did not have a specific amount for the bids. Mr. Douglas indicated FTRP did not specify a specific amount of bins. Vice Mayor Romelus stated previously it was mentioned a $100,000 minimum; does FTRP need a minimum number to reach in order for this project to be profitable Mr. Douglas stated this bid was for the City-wide property up to 50 bins. It depends on how many bins are approved. Vice Mayor Romelus asked if the rents to the owner reduce the amount paid to the City. Mr. Douglas replied the $2,000 per bin will be paid to the City no matter what the other costs are. Commissioner Casello stated earlier FTRP has 30 set sites secured in the Boynton area. Mr. Douglas stated he wanted to make a correction; they have 3 shopping centers which have offered the ability to place the bins. Each shopping center would be able to 15 Page 389 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 hold 2 to 3 bins that would be up to the City of Boynton Beach for approval, and a lease would be signed with the business owners. Commissioner Casello asked how comfortable would FTRP feel if the City would provide 10 sites to reach the number of 50. Mr. Douglas stated he believed that was doable. Mr. Douglas stated regardless of the amount of bins the City was guaranteed $100,000 per year. He continued to say the Town of Davie has 48 bins but they are being paid for 50 bins. FTRP would guarantee $100,000 for the City-wide program. Commissioner Casello said he was thinking the more bins the more tipping fee. Mr. Douglas stated this would allow FTRP to service all of the residents in Boynton Beach to dispose of their textiles in a proper manner. Commissioner McCray stated he does not want to see 50 bins throughout the City. He indicated the City was not hurting that much that they needed to place bins all around the City. He does not want this to be a bin compliance City. Commissioner Katz asked if it was correct in saying regardless of how many bins are actually placed; the agreement was to pay for 50 bins. Mr. Douglas stated this was correct. Commissioner Katz asked if you only found 12 sites and only placed 20 bins, FTRP would pay the City for 50 bins. Mr. Douglas stated he would hope to place more than 20 bins. Mayor Grant asked how much FTRP pays the school per tonnage. The RFP did not allow payment based on the tonnage collected. Mr. Douglas responded the RFP request was per bin. Mr. Douglas said the schools pay 10 cents per pound. The extra events would be paid 10 cents per pound; this would be extra revenue. Mayor Grant asked about accountability, will there be some type of reporting of tonnage. Mr. Douglas replied each month along with a check, not only the tonnage report of textile which was kept out of the landfill, but a list of each bins in the City. Commissioner McCray asked money that was made over the $100,000 what was done with this money. Mr. Douglas stated they sell the merchandise. They have expenses just like Goodwill, with the trucks, personnel, bins and other items. Commissioner McCray asked if FTRP donate to any nonprofit organizations. Mr. Douglas responded the voucher program FTRP offers for $5000 the Commission determines who will receive. The company does not give money to any nonprofit organization. They are willing to help by giving needy people as they come in. He wanted to point out that Goodwill, when they collect merchandise in the Boynton Beach 16 Page 390 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 area, goes to the main processing facility, merchandise does not necessarily remain in the municipality. Commissioner McCray stated he was not worried about merchandise remaining in Boynton Beach; he was concerned about the funds remaining in Boynton Beach. What was FTRP giving back to the City? Commissioner Katz stated he met with the operator of Florida Textile and was intrigued about these bins. He liked the idea of a constant self-regulation, such as the sensors intuitive nature of the bins. Commissioner Katz said no one wants to oppose Goodwill, which was not the position he was taking. The City put this out to attract a bid to provide bins and Goodwill submitted a proposal. He does not feel comfortable to support an attempt to limit the recycling, collection by virtue of only asking of City-owned property and limiting the number of bins. No one opposes Goodwill and provide revenue to the City. He likes the opportunity for something new. He would like to offer a motion for Florida Textile for the City-wide contract. Commissioner Casello seconded the motion from Commissioner Katz. Stated he liked the high tech bins and the daily monitoring. Mayor Grant stated he liked the daily monitoring of the bins as well. Vice Mayor Romelus stated both sides seem to confound her. She stated the practices do not make sense businesswise. If the attorney could work out the details with a limited number of sites, the applicant will payout a set amount. Her main concern was the City of Boynton Beach does not become a City with mismanaged bins. The City was trying to rebrand itself. She indicated supporting these bins makes her nervous. Vice Mayor Romelus indicated she was willing to support the motion on the table hoping FTRP would monitor the bins as well as give the revenue to the City based only on the contracted amount, not on the amount of bins placed in the City. Commissioner McCray stated he was not in favor of the bins coming into the City. Indicated there was no testimony offered in favor of FTRP. Inquired of the Attorney was there anything in the contract regarding breach of contract. Attorney Cherof stated in the Goodwill contract there was a termination clause for the convenience for the City. There was no termination clause. Attorney Cherof stated any provision the Commission wants can be added. Commission McCray noted for clarification, Gulfstream Goodwill there was a provision in the contract. Attorney Cherof noted that was correct. Vice Mayor Romelus wanted to amend the motion to add a termination clause. 17 Page 391 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Commissioner Katz said, per the attorney's previous comment the contract must come back to the Commission. Commissioner Katz asked what would the termination clause entail? Stated he was open to placing language in the contract. Mayor Grant stated the contract was for three years, does the City need to negotiate a review period. He stated he wanted to see something in the contract. This was new to the City and to bind the City for three years made him anxious. He was ok with the contract, but would like to have a review period. Commissioner Katz amended his motion for FTRP to include language negotiated with Legal. Commissioner McCray stated they are the policy makers for the City of Boynton Beach; it should not be what the vendor was comfortable with. The Commission needed to set the rule. Commissioner Katz stated for clarification, he assumed some type of cancellation cause, this maybe something they agree with. Stated the City needed to be fair to the vendor. Attorney Cherof indicated the request for proposal contained provisions for a 3-year contract term with a renewal possible and a cancellation provision with or without cause effective 30 days from the day of the written notification; both submittals were submitted pursuant to that limitation of rights of whoever was awarded the contract. The Commission controls the contract. Mayor Grant asked if the termination clause was included. Attorney Cherof noted there was a termination requirement for the RFP; even if the termination clause was not in the vendor proposal. Vice Mayor Romelus stated by virtue of applying for the RFP they were agreeing with this. Attorney Cherof asked if there were any disagreements from anyone. Mr. Howard indicated the draft agreement which was included exactly how the attorney stated. Mr. Howard stated the Commission can change for different days. Vice Mayor Romelus asked if the motion was for City-owned or City-wide Mayor Grant requested a motion. 18 Page 392 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Motion Commissioner Katz moved to approve a motion for Florida Textile for the City-wide contract. Commissioner Casello seconded the motion. Vote 4-1 (Commissioner McCray dissenting) 8. 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. 18-0059 - Approve Second Amendment to the land development agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC and authorize release of surety to bury overhead utility lines across Federal highway at S€ 2nd Avenue Mayor Grant read proposed Ordinance No. 18-003, by title only into the record. Andrew Mack, Director of Development, stated this was a request for release of a Surety bond. The developer Skye at Boynton Beach, LLC has requested release of the cash surety as there is no intent or planned work that would warrant use of the surety prior to the expiration of the developer's agreement on June 10, 2018. Staff was in support of releasing the surety. Commissioner McCray asked the amount of the cash surety. Mr. Mack stated the amount of the surety was $26,961.66, which represents 50% of the cost to perform the work based on a licensed engineer's or FPL's estimated costs. Mayor Grant requested a motion. Motion Commissioner Romelus moved to approve. Commissioner Katz seconded the motion.. Vote 5-0 19 Page 393 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 B. PROPOSED ORDINANCE . 18-003 - SECOND READING - Approve One Boynton (aka Las Ventanas) Rezoning (REZN 18-005) from MU-L (Mixed Use Low District) to MU-4 (Mixed Use 4 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 14.6 acre property. Applicant: City-initiated. Attorney Cherof read proposed Ordinance No. 18-003, by title only into the record. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. City Clerk Pyle called the roll. Vote 5-0 C. PROPOSED ORDINANCE NO. 1 -004 - SECOND READING - Approve Timeless Life Care and 601 S. Federal Mixed Use rezoning (REZN 18-006) from MU-1_2 (Mixed Use Low 2 District) to MU-2 (Mixed Use 2 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 2.41 acre area. Applicant: City-initiated. Attorney Cherof read proposed Ordinance No. 18-004, by title only into the record. Mayor Grant asked for a motion. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. City Clerk Pyle called the roll. Vote 5-0 20 Page 394 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 D. PROPOSED ORDINANCE . 18-005 - FIRST READING - Approve Telecommunications in Public Rights-of-Way (CDRV 18-001) - Amending Part II Code of Ordinances Chapter 25.1 Communications Facilities in Right-of-Way and Part III Land Development Regulations Chapter 3. Article V. Section 12. Amateur Radio and Television Antennas and Section 13. Wireless Communications Facilities (WCF) for consistency with FCC requirements and with the State's Advanced Wireless Infrastructure Deployment Act. City-initiated. Attorney Cherof read proposed Ordinance No. 18-005, by title only into the record. Commissioner Casello indicated he received a few emails from AT&T and Comcast stating they did not have enough time to look over the proposed Ordinance. Attorney Cherof stated tonight was the first reading of the Ordinance. Stated he has responded to a few people, to remind them there will be a second reading. The City Commission has authority to amend the City Ordinance between first and second reading. There was plenty of opportunity to respond. Mayor Grant stated if approved he would like to move the second reading to the first reading in May 2018, to give everyone ample opportunity to make comments. Michael Rump, Planning and Zoning Director, stated this was a celebrated effort, this involves various entities to bring the City into compliance. Kathleen Hatcher, Senior Planner, explained this was a City initiated Code revision of part 2 of the Code to implement the new state legislation known as the advanced wireless infrastructure redeployment act. There are currently 13 macro cell towers located throughout the City. With the ever increasing public demand for capacity, speed, and reliability, wireless carriers are now reducing the traffic on each macro-cell tower site by building a number of smaller sites with shorter transmission and receiver distances. These microcell towers are typically one-half the height of a standard cell tower and placed closer together to provide more consistent coverage to areas. There are currently no applications formally submitted to the City for the new technology of microcell towers within right-of-way, but there is interest and applications are expected in the very near future. These Code amendments would provide standards whereby microcell structures can be allowed while preventing negative impact. The proposed amendments to the Code of Ordinances Part II Chapter 25.1 Communications Facilities in Rights-of-Way implement the new regulations of the Act. Further amendments are necessary to Part III Land Development Regulations so that WCF regulations in the LDR do not conflict with the Part II amendments. The proposed Code revisions establish uniform standards and guidelines for the siting, design, and permitting of communication towers, communication antennas, and wireless communication facilities sited within public rights-of -ways. The proposed amendments also establish review procedures to ensure that applications for towers and related 21 Page 395 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 equipment are processed consistent with state and federal law. The proposed regulations require that individuals and entities seeking permits to conduct any type of excavation, construction or other activity for communications facilities in public right-of- ways do so in a safe, expeditious, and professional manner to protect the public health, safety, aesthetics, and general welfare in the community. The recommended amendments also seek to minimize visual and other impacts of wireless communication facilities on surrounding areas by establishing standards for location, design, landscape screening, and compatibility. Commissioner McCray requested photos to be shown to the public of the towers. Ms. Hatcher showed pictures of different cell towers. Stated the current regulations in the LDR allow wireless communications facilities (WCF) to be located in public right-of- ways as non-concealed attached WCF, which are antennas attached to utility poles and freestanding lights at least 40 to 50 feet in height, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. The other section was the Amateur Radio and television antennas and the television satellite. Commissioner Katz asked if it was safe to assume the handful of emails received from the major telecommunication companies were going to be their objections on the standards being put in place, to maintain the aesthetic. The companies do not want to follow existing guidelines. Mr. Rumpf noted at this time they have stated they needed time to review. The companies feel as though they had been caught off guard. The majority of what was seen was consistent with statute, most are verbatim. The City has three different jurisdictions overseeing roadways in the City. The sole jurisdiction controls are in the residential roadways. Commissioner Katz asked if it was reasonable to assume, based on what was said, these companies are well aware of the law which was passed and the ability of local government to do what they are doing. Mr. Rumpf stated they are aware of what was happening with the laws and have more to gain than the City of Boynton Beach. Commissioner Katz stated with respect to Mayor Grant trying to give them more time, he would like to request to remain with the original timeline. He does not believe Verizon was not aware of all the details of the new statutes. Mr. Rumpf stated staff would make themselves available to review the ordinance. Commissioner McCray asked if the City was seriously thinking about burying the utilities lines. Mr. Rumpf responded the City was reviewing larger projects; the City was encouraging burying of utilities lines. Vice Mayor Romelus noted this was a part of the consolidation plan. Mr. Rumpf replied yes. 22 Page 396 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Mayor Grant asked if Leisureville counted as a retirement community, would they go together or separately as part of the exemption. Mr. Rumpf explained he was not aware of the population count. Mayor Grant asked if anything was in the Code for stealth for the micro towers. Ms. Hatchers explained there are requirements for stealth towers, macro cell towers depending on the zoning. Indicated there are options which the carriers can use. Mr. Rumpf explained in the LDR there are definitions for stealth towers. Mr. Rumpf stated there was enough to guide staff and the public. Mayor Grant stated the ordinance speaks about reasonable location, context, and color of stealth and concealment requirements. The City has a roadmap to the qualification for the micro towers in the LDR's. Mr. Rumpf responded what the City has now applied to the large scale telecommunication towers, not necessarily for the smaller scale tower; it may be applicable in concept. Mayor Grant stated he was speaking of the newer one has it in their language regarding the location, context, color of stealth and concealment requirement. Ms. Hatcher indicated there are definitions included in Chapter 25.1; the stealth design was up to the applicant and for staff to review. There are many different designs. Mayor Grant stated each pole which was presented make sure has all the requirements. Vice Mayor Romelus asked if staff was ensuring uniformity of all poles. The poles need to be consistent with area and the poles around it. It would need to be concealed and it would need to look in proportion to the pole. Vice Mayor Romelus stated her concern was this ordinance would come into play as soon as it was approved after the second reading. What about the new downtown area, if there was already a build out, do the poles need to be renewed to the updated standard. Mr. Rumpf explained the City jurisdiction was over the local streets. Mr. Rumpf provided a presentation on short wave HAM towers and antennas regulations and processes. Stated the City continues to review the regulation regarding the Federal and State requirements. Currently the City lacks the provisions specifically for short wave radio communications. Under the FCC memorandum opinion & Order said the State and local regulation of a station antenna structure must not preclude amateur service communications, Rather it must reasonably accommodate such communications and must constitute the minimum practicable regulation to accomplish the state of local authority. Mr. Rumpf stated there was a limit of licensed users to 1 HAM tower; there was a maximum height of 60 feet when in use. The maximum height was 15 feet above the roofline when inactive. He indicated the location was to be in the rear of the home in the back yard only, unless 15 feet or less above the roof, the setback was the same as the building. He explained different types of antennas. Commissioner McCray asked if the City has a HAM operators' club. Mr. Rumpf explained this would be given before the second reading. 23 Page 397 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Mr. Rumpf stated a question was asked if this was limited to single family neighborhoods, staff was looking into whether this should be applicable to duplex and multifamily environments. He stated there were questions regarding taller buildings in the downtown areas, for antenna the higher the better. Commissioner Katz noted he consulted with people in the industry and they stated these are reasonable regulations. Mayor Grant asked for a public audience. Janna Lhota, Holland and Knight, on behalf of Verizon Wireless, explained the reason for the request of a deferral of first reading. There was not sufficient time to make any material change to the ordinance. She provided a letter which addressed some issues which were identified with the ordinance. Her recollection there was some issues in the definitional section. In the right-of-way ordinance implements some definitions which are not consistent with State law, they have been culled from the non- right-of-way provisions of the City Code, and it implicates the antenna on buildings. Also the definition for co-location, it speaks about the second or subsequent antenna on a structure, which was a definition which was culled from the Section 366.172 of Florida Statues which relates to co-locations on existing towers and structures. The definition of Section 337.401 speaks about the initial attachment on a utility pole. These are some of the reasons the Attorney for Verizon requested for a deferral of the first reading. She stated they wanted to work with the City to craft an ordinance which would be consistent with State and Federal law, but also met with the City objectives. She requested time to offer suggestion. Stated she looked forward to working with the City in moving this matter forward. Attorney Cherof stated if he sends the ordinance in word format, would it be reasonable for the working group to send the track changes and comments response about a week from today. Ms. Lhota explained there was a standing meeting and this was already on the agenda. Attorney Cherof stated the ordinance would be emailed tomorrow morning. Motion Commissioner Katz moved to approve. Vice Mayor Romelus seconded the motion. City Clerk Pyle called the roll. Vote 4-1 (Dissenting Mayor Grant) 24 Page 398 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R18-038 - Commission to consider a land sale agreement to Leisureville for land parcel adjacent to Palm Beach Leisureville. Attorney Cherof read proposed Ordinance No. 18-038, by title only into the record. Motion Commissioner McCray motioned to remove from the table. Commissioner Casello seconded the motion. Vote Unanimously passed Mayor Grant asked for comments. Shirley Cass, 217 SW 4 Street, Palm Beach Leisureville, stated it was with disappointment and sadness that Palm Beach Leisureville, due to the HOA document and insurance will not be able to purchase land adjacent to Palm Beach Leisureville. She sincerely thanked the Commission, staff and residents for the opportunity to work together on a positive project. She was hopeful that it would remain an open green space as it was intended in 1990. Harold Eide, 1003 Reposo Avenue, stated several months ago, this Counsel gave thought and consideration as to what benefit the 3. 6 acre open green space, leisure park site could be to the residents of Boynton Beach. One possible benefit was a development of low income housing; another possibility was to have another group build a park. There was a third possible plan; which would benefit Boynton Beach residents. The City of Boynton Beach, like so many Cities in the Country, was giving up open spaces because of the cost to maintain the green space. Florida has land conservation groups, which would like to take ownership of this park site and leave it as it is, as open green space in perpetuity. All the surrounding communities would appreciate the benefit of no increase traffic, no decrease in open space. Many years ago the adjacent property owners understood this parcel was given to Boynton Beach as a future park site. Once this parcel is developed it would be lost as an open green space forever. It was up to this Council to decide the fate of this parcel. Commissioner Katz noted in speaking with staff about potential alternatives available in lieu of the withdrawal of Leisureville. He was hopeful that Leisureville, given some time could work around the obstacles to obtain and develop this parcel into a park. There was not an urgency to consider other options 25 Page 399 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Commissioner Casello indicated there was no sense of urgency. This land has been there since 1990. There was no motion. 11. NEW BNONE USINESS- 12. LEGAL ORDINANCEPROPOSED 1 1 - Approval of Ordinance amending Section 18-164 of the Code of Ordinances to provide for mutual consent regarding use of the 185 money; amending Section 18-169 to add normal retirement age definition for members who retire with (20) years of service only retirement, to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse, and to add ten year vesting for Police Officers hired on or after October 1, 2016; adding a new Section 18-178 to add a rehire after retirement provision. Attorney Cherof read proposed Ordinance No. 18-006, by title only into the record. Mayor Grant asked for a Motion. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. Vice Mayor Romelus requested clarification on the current vesting period. Attorney Cherof responded he was not sure of the vesting period. Attorney Cherof stated this document came from Bonnie Jensen, who represents the pension board. Vice Mayor Romelus asked for an explanation of new Section 18-178 to add a rehire after retirement provision. What does that mean exactly? Attorney Cherof responded it was previously a prohibition under Federal regulation that prevented the rehiring of employee without forfeiture of their retirement benefits. This provision catches up with the clarification of the IRS provision and allows rehiring to occur under limited circumstances. Commissioner Katz asked if this was already agreed upon with the Police Pension Board and is intended to reflect the mutual consent agreement incorporated in the last collective bargaining agreement. Commissioner McCray asked if this relates to former officer Yanuzzi. Attorney Cherof did not recall the circumstances of the retirement. 26 Page 400 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 Ms. LaVerriere indicated a good example would be Scott Harris, a retired police officer and was rehired on a part time basis as a civilian. There were concerns that this employment would affect his police pension. If a police officer retires the City would not rehire the employee again as a police officer. Mr. Howard stated if a police officer retires and receives a police pension, the officer can be rehired by the City of Boynton Beach, but not in the capacity of a police officer. The employee may return under the general pension plan. Commissioner Casello indicated this does not prevent police officers from seeking employment with other agencies. City Clerk Pyle called the roll. Vote 5-0 13. FUTURE AGENDA ITEMS A. Staff to review PBC Ordinance on Panhandlers — April 2018 B. Update Commission on topic of dogs on beach - April 17, 2018 C. Quarterly report on red light camera program (Jan 2018-Mar 2018) - April 17, 2018 D. Quarterly report on gov't surtax fund (Jan 2018-Mar 2018) - April 17, 2018 E. Approve Major Site Plan Modification (MSPM 17-001) request for 104 Multi- family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development) zoning district. Applicant: John Lyon, Olen Properties. - April 17, 2018 F. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park G. Vice-Mayor Katz has requested the City Attorney to provide update on legal issues with QPODD — TBD 27 Page 401 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 H. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of the SW 24th Avenue adjacent to 1-95 — TBID I. Staff to present Leases for temporary space for City Services during construction phase of the Town Square Project - April 17,2018 1 . Adjournment Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Commissioner Casello seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 9:05 p.m. (Continued on next page) 28 Page 402 of 736 Meeting Minutes City Commission Boynton Beach, Florida April 3, 2018, 2018 CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner— Justin Katz Commissioner- Mack McCray Commissioner- Joe Casello ATTEST Judith A. Pyle, GMC City Clerk Queenester Nieves Deputy City Clerk 29 Page 403 of 736 7.A. BIDS AND PURCHASES OVER$100,000 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Approve utilizing the Palm Beach County contract (Bid #W UD 16-001/VMG) extension through March 14, 2019 with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) of West Palm Beach, FL with the same terms, conditions, specifications and pricing. This contract will be utilized for well rehabilitation services on an AS-NEEDED BASIS, with an estimated annual expenditure of$300,000. Palm Beach County complied with Public Contract Bid requirements equal to or exceeding the City of Boynton Beach's requirements. EXPLANATION OF REQUEST: Extension Period: March 15, 2018 - March 14, 2019 The Palm Beach County contract was awarded to AMPS following a competitive bid process and the services offered under this contract meet the wellfield maintenance and rehab requirements of the City of Boynton Beach. The County extended the contract for the period of 3/15/18- 3/14/19. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City of Boynton Beach has 29 production wells and 2 Aquifer Storage and Recovery (ASR) wells. Production wells are used to recover raw water from underground whereas ASR wells are used to inject treated water underground during the rainy season and then reclaim that water during the dry season or as needed. Well yield is affected by the age and physical condition of the wells as well as the underground environment. A decrease in well yield results in a decrease in raw water supply which, in turn, leads to less water being available for home and industrial use. To increase well yield, the wells may be rehabilitated; a process that involves a combination of two or more of the following: (i) Removal and reinstallation of the pump, motor and well head. (ii)Air lifting sand and other sediments from the well. (iii) Chemical cleaning of the well by adding acid to kill bio-mass and other organisms that may clog screens or porous rock structures underground. (iv) Rebuilding or replacing of pumps and motors, if needed. On average, about 10 wells are rehabbed each year and the same will hold true for the coming year. The Utilities department began utilizing AMPS, Inc. in January 2004 by piggybacking its contract with the City of Palm Bay resulting in successful rehabilitation of wells throughout the City of Boynton Beach at a significantly reduced cost. Thus, good production has continued at efficient pumpage rates for home and industrial consumers. FISCAL IMPACT: Budgeted Budgeted CIP Renewal and Replacement Account number: 403-5000-533- 65.02(WTR075), Wellfield Rehabilitation - $300,000. ALTERNATIVES: The City of Boynton Beach could issue its own bid for these services but, the City Page 404 of 736 benefits from bid pricing secured by a governmental agency offering a larger scope of work. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving the extension of the AMPS contract D Addendum PBC Contract Extension D Attachment PBC Bid Specs D Attachment PBC Bid Sheet D Attachment PBC Contract Signatures Page 405 of 736 1 RESOLUTION NO. R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING UTILIZING THE PALM 6 BEACH COUNTY CONTRACT (BID #WUD 16-001NMG) 7 EXTENSION THROUGH MARCH 14, 2019 WITH AQUIFER 8 MAINTENANCE AND PERFORMANCE SYSTEMS, INC. (AMPS, 9 INC.) OF WEST PALM BEACH, FL WITH THE SAME TERMS, 10 CONDITIONS, SPECIFICATIONS AND PRICING. THIS 11 CONTRACT WILL BE UTILIZED FOR WELL 12 REHABILITATION SERVICES ON AN AS-NEEDED BASIS, 13 WITH AN ESTIMATED ANNUAL EXPENDITURE OF 14 $300,000.00; AND PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, the Palm Beach County contract was awarded to AMPS following a 18 competitive bid process and the services offered under this contract meet the wellfield 19 maintenance and rehab requirements of the City; and 20 WHEREAS, the City has 29 production wells and 2 Aquifer Storage and Recovery 21 wells which require maintenance and rehabilitation at the rate of approximately 10 wells per 22 year; and 23 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 24 recommendation of staff, deems it to be in the best interests of the City residents to 25 Approve utilizing the Palm Beach County contract (Bid #WUD 16-001/VMG) extension 26 through March 14, 2019 with Aquifer Maintenance and Performance Systems, Inc. (AMPS, 27 Inc.) of West Palm Beach, FL with the same terms, conditions, specifications and pricing. 28 This contract will be utilized for well rehabilitation services on an AS-NEEDED BASIS, 29 with an estimated annual expenditure of$300,000. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9FD68358-7D97-4CA9-9BC2-CDE083FO5CAD\Boynton Beach.9911.1.Approve_AMPS_extension thru PBC Contract -_Reso.doc Page 406 of 736 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 Section 2. The City Commission hereby approves utilizing the Palm 36 Beach County contract (Bid #WUD 16-001/VMG) extension through March 14, 2019 with 37 Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) of West Palm Beach, 38 FL with the same terms, conditions, specifications and pricing. This contract will be utilized 39 for well rehabilitation services on an AS-NEEDED BASIS, with an estimated annual 40 expenditure of$300,000.00. 41 Section 3. This Resolution shall become effective immediately upon passage. 42 PASSED AND ADOPTED this day of , 2018. 43 CITY OF BOYNTON BEACH, FLORIDA 44 45 YES NO 46 Mayor— Steven B. Grant 47 48 Vice Mayor—Christina L. Romelus 49 50 Commissioner—Mack McCray 51 52 Commissioner—Justin Katz 53 54 Commissioner—Joe Casello 55 56 VOTE 57 ATTEST: 58 59 60 61 Judith A. Pyle, CMC 62 City Clerk 63 64 65 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9FD68358-7D97-4CA9-9BC2-CDE083FO5CAD\Boynton Beach.9911.1.Approve_AMPS_extension thru PBC Contract -_Reso.doc Page 407 of 736 0075JAN 2 3 201 AMENDMENT No. 1 TO CONTRACT WITH AQUIFER MAINTENANCE and PERFORMANCE SYSTEMS, INC. SYSTEM-WIDE WELLFIELD MAINTENANCE FOR PALM BEACH COUNTY WATER UTILITIES DEPARTMENT This Amendment No. 1 dated M to the Contract(R-2017-0315) dated March 14, 2017, by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY and Aquifer Maintenance and Performance Systems, Inc. (FEIN #65-0071672) a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR. WITNESSETH WHEREAS, the parties have entered into a Contract under which the CONTRACTOR provided certain professional services to the COUNTY for various projects in accordance with the contract for the: System-wide Wellfield Maintenance for Palm Beach County Water Utilities Department Contract No: WUD 16-001/VMG; And WHEREAS, the parties hereto desire to amend the Contract to extend it for an additional one (1) year period without adding any additional budget for the Contract NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth and for such other good and valuable consideration, the receipt of which the parties hereto expressly acknowledge, the parties covenant and agree to the following terms and conditions: 1. The term of this Contract as set forth in Special Conditions Section 14 is renewed for one (1) additional year through March 14, 2019. 2. Except as specifically modified above, the terms and conditions of the Page 408 of 736 Contract are hereby confirmed and remain in full force and effect. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 409 of 736 INWITNESS WHEREOF,the Board of County Commissioners of Palm Beach County, Florida has made and executed this Amendment on behalf of the COUNTY and CONTRACTOR has hereunto set its hand the day and year above written. '2 0 18 7 JAN 2 3 ATTEST: PALM BEACH COUNTY, FLORIDA A SHARON R. BOCK_.,, Political Subdivision of the State of Florida CLERK AND CO BOARD OF COUNTY COMMISSIONERS By: Melissa McKinlay, Mayor Del MPT APPR D S TRM 0 LEGAL APPROVED AS TO TERMS AND SUF I Cy CONDITIONS 0 R111,111 Ass i s—ta-nrC��Atftto m ey j Stiles, Director *ater Utilities Department 'CONTRACTOR' By: AQUIFER MAINTENANCE and PERFORMANCE SYSTEMS, INC. AA0 a FLORIDA corporation s' atur-1 (insert state of corporation) By. (witness name printed) 1�(signatory�----,—j James Murray (print signatory's name) By: President (print title) ZtZ&, 2 12017 (Corporate Seal) (date 6f execution) 7.146 Haverhill Road (Contractor's Official Address) West Palm Beach FL 33407 (Contractor's City, State, Zip Code) 3 Page 410 of 736 ■ s Board of County Commissioners �j KC14County Administrator Mary Lou Berger, Mayor Verdenia C. Baker Hal R. Valeche,Vice Mayor ` Paulette Burdick Shelley Vana Steven L. Abrams Melissa McKinlay ' Priscilla A. Taylor Water Utilities Department www.pbcgov corn BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID BID# WUD16-001/VMG SYSTEM-WIDE WELLFIELD MAINTENANCE FOR PALM BEACH COUNTY WATER UTILITIES DEPARTMENT BID SUBMISSION DATE: DECEMBER 1, 2016 AT 2:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Water Utilities Department at(561) 493-6061. BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL p BE CAUSE FOR REJECTION OF YOUR BID. CAUTION In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at https://Pbcvssp.co.palm- beech,fl.us webaep/vssplAltSelfService Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained directly from the Water Utilities Department In accordance with the provisions of ADA, this document may be requested in an alternate format. 8100 Forest Hill Blvd, West Palm Beach, FL 33413 (561) 493-6061 FAX: (561) 493-6240 Page 411 of 736 *� � BOARD DFCOUNTY COMMISSIONERS Page Palm Beach County ~� INVITATION FOR BID 8 KID#:'W U D 16-0 01 N M G T SYSTEM-WIDE WELLFIELD MAINTENANCE FOR PALM BEACH COUNW_ WATER UTILITIES DEPARTMENT �WATER UTILITIES DEPARTMENT CONTACT:Vernetha M. Green, CPPB, FCPM-, ]TELEPHONE NO.: (561)493-6061 All bid ��pm/soo mustbereceived on Palm Beach CnumCounty local SUBMIT Beach County Water Utilities Department, 81OUForest Hill Blvd,West Palm Beach, FL33413. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications,Attachments,Amendments (if issued), and/orany other ~ referenced document form apart ofthis bid solicitation and response thereto, and byreference are made opart thereof The selected awardeeshall bebound 14 byall terms,conditions and requirements inthese documents. 1% PURPOSE AND EFFsCT: |t is the purpose and intent of this solicitation to secure bids for item(s) and /or services as listed herein The selected awardeeiv 04 hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS ' 1. GENERAL INFORMATION ' oiuuem are advised that this package constitutes the complete met of specifications, oaons, and conditions which forms me binding contract �� Beach County in - between Palm Beach County and the nuxceus�| bidder Changes mthis committed m assuring equal � in the award of |nvitauvnfor Bid may bnmade uo�bvw�unamendment issued bym* cnn�ramaunuuompxeowimao |owmpmxibiUngdiscnminouon� - cuuntyWaoerUti|u|aaOepa�ma�. Bidde�a�nu�ho,ouvisedtoo|ove|y pu�uon� m pa|m onauo coun�y Resolution m'2u14'14c1. a» may be amended, the uuocooafu| bidder warrants and examine every section of this dooum*nt, m ensure that all sequentially mpmonntsma�an its employees are treated equally uu,|no numbered pages are present, anutnonauoatxaubio �|� unue�mou. ~' Questions nrrequests for exp|anon � emp|oymontvwmoutmga� tonacennourin�n,p �ouionsof�hisdooumon� national origin, - color, religion, disability, must ueavbm�ed �the Vxa�,Utilities Department contact in writing sex,in ' age' ' unoeo�» marital" status, ' /amma/ sufficient time to permit a written response prior to the published bid stotuo, sexual oh ontaUnn. gender identity and expression or submission time. Oral explanations orinstructions given byany County ye'"`i^ information. agent are not binding and should not be interpreted an auanno any amended, the successful bidder shall comply with the provision of this document. Bidder certifies that this um is made without requirements set forth in Section 3.n. herein below. reliance onany oral representations made bythe County C. The The obligations nfPalm Beach County underthis award are subject mthe successful bidder is, and shall be, mthe performance mall - availability offunds lawfully appropriated for its purpose. Wom, oewimao, and activities under this Contract. an Independent Contractor and not onemployee,agent,urservant ^ o. LEGAL REQUIREMENTS of the COUNTY. All persons engaged in any of the Work o, services performed porsuont tothis Contract shall atall times, ' and in all places, be subject to the successful bidder's nv|a a� Federal, State, - direction, supsmi ion. and control. The successful bidder shall exemisoonn�o|mer�omeansanumonnarinw��h�andU� any manner affect the deme covered herein app|y. Lack of All knowledge bythe bidder shall innoway beacause for relief from omP|oyoesperform the Work,and inall respects the successful responsibility. The successful bidder shall strictly comply with bidder's relationship, and the relationship v{ its employees, bz Federal, 8ti d local building d ' the COUNTY shaUbathat ofanIndependent Contra�orand not shall meet all State and Federal S�e�'regulations. Bidder asemployees oragents of certifies that all products (materials, equipment, pmcesoa, o, the COUNTY. other items supplied inresponse mthis bid) contained inits bid meets all Awa|, wppA, and all other Federal and State u. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: requirements. Bidder further certifies that, if it is the successful pursuant toPalm Beach County Code Section z-n71through 2' bidde,, and the productproductdelivered is subsequently found to be 377, the po|m Beach County Criminal History Records Check deficient in any of the aforementioned requirements in aMem on Ordinance ("Ordinance"), the County will conduct fingerprint w date of delivery, all costs necessary to bring the product into based criminal history record cxooka on all persons not oomp|ionmeahaUhebomnbythabidder employed by�eCuun�who �p�r. deliver, u,pmvidegoods nrservices for,to,urvnbehalf ofthe County.A fingerprint based Any toxic substance provided to the County as o n,nu|t of this criminal history record check shall be conducted on all solicitation o, resultant contract shall be accompanied by its employees of vendors, nont,octors, and subcontractors of Go��DotaShee«<GoG}� oontny�nm—inc|uuingepmirpe�unuand de||ve�p*� `ons who y are unescorted when entering afacility determined toboeither The Uniform Commercial Code (Florida Statutes, Chapter 672) o critical facility ("Critical Facilities") or o criminal ]usUno shall prevail osthe basis for contractual obligations between the information facility (^cu| Fooi|ities''), which are u,|dca| to the successful bidder and Palm Beach County for any u,mns and public safety and security of the County. County facilities that , conditions not specifically stated inthe Invitation for Bid. require this heightened level of security are identified in Resolution nso1a'1^ro. as amended, In October � �� P@Qe 412 Of 736 � � Page 3 � 2013. compliance with the requirements mthe uS. Federal Bureau of relative nfanemployee mPalm Beach County Further, all bidders shall Investigations CJI Security pnnoy was added to the Ordinance. wx|oo disclose the name of any County employeerelative of a County |qc|vdma m broad os, of disqualifying offenses, The bidder m oue,v employee who owns, directly orindirectly,aninterest orten percent o, ' responsible for underSt2nding the financial- sdiedule, and I or staffing more inthe bidder's firm^,any nfits branches, � mn|icauuno of this Q"u|nmnwa, Further, the bidder acknowledges that its mu price includes any and all direct o, indirect costs associated with compliance with this Ordinance,except for the applicable FoLE/FBI fees ]. SUCCESSORS AND ASSIGNS:The County and the successful bidder ' that shall be paid by the County each binds itself and its successors and assigns vothe other party in U respect to all provisions of this Contract.Neither the County nor the e. successful bidder shall assign,sublet,convey nrtransfer its interest in � notify all bidders mthe following: 'v\ person oraffiliate who has been this Contract without the prior written consent vfthe other. placed on the convicted vendor list following a conviction for a public entity � mime may not submit o bid on a contract with a public entity for the k. : Regardless of the coverage provided by any construction o,repair nfapublic building nrpublic work, may not submit insurance, the successful bidder shall indemnify, save harmless and � bids onleases ofreal property mapublic entity, may not boawarded nr defend the County, its agents, servants, uremployees from and against perform work as a contractor,supplier,subcontractor,or consultant under any and all claims, liability, losses and /urcauses ofaction which may � econtract with any public entity,and may not transact business with any arise from any negligent act oromission ofthe successful bidder, its publicentity in excess vfthe threshold amount provided in F-S 287017 aubnontnoctom, agenta, servants or employees during the course of � for CATEGORY TWO for aperiod nf36months from the dntenfbeing pe�oxningse�icesorcaused bythe goods provided pursuant to these placed on the convicted vendor list." bid documents and/orresultant contract. * r � |� in response to this solicitation is considered a public document in into a Contract or performing any Work in furtherance of this Invitation for accordance with Section 119 07, F.S. This includes material which the w Bm, the BIDDER certifies that it, its affiliates, aupp/iem, subcontractors responding bidder might consider to be confidential. All submitted and consultants who will perform hereunder, have not been placed onthe information that the responding bidder believes mbeconfidential and � Scrutinized Companies With Activities in Sudan List or Scrutinized exempt from disclosure (ie., a trade nenn*, em) must be specifically Companies With Activities in The Iran Petroleum Energy Sector List identified essuch.Upon receipt vfapublic records request for information � created pursuant mFS. 215.473. orScrutinized Companies that are on the bidder has designated asa trade secret oramotherwise exempt from the boycott Israel List` orisengaged in eboyo«u `n(|ara�| pursuant to Section 'inn 11907 F'S,, adetermination will bemade whetherthe identified id u� d � F£a1n.4rzn.vriaengaged inbusiness ope�onneinCubor Syria. mmnnadnnin.ic.confidential. , |f the County uetennines, using credible information owzi|euw to the The bidder shall maintain records related to all cmargea, expenses. and � pvb|ic, that a false certification has been submitted by B|DDEn, the costs incurred inestimating and performing the Work for auleast three(3) resulting Contract from this Invitation foreidmov»etenninatedandacivi| years after completion nrtermination ofthis Contract.The COUNTY shall penalty equal mthe� greater or $2 million or twice the amount of this h�� a��nsm such na*nmsanrequiredin this Section for the Contract shall beimposed, pursuant toF3 287.135 nfinspection vraudit during normal business hours, atthe bidder's place � nfbusiness. e, Bidder m,��enmauuhas entered into nuogmement to commit a frauuulent, deceitful, unlawful, or wrongful oct, or any act Notwithstanding anything herein to the montrary, as provided under - which may result in unfair advantage for one ormore bidders over other Section 11e.o7u1.Fn,where the bidder:(i)provides aservice and(ii) bidders. Conviction for the Commission ofany fraud uract nfcollusion in acts onbehalf mthe COUNTY aaprovided under Section 119.o11;q - connection with any sale,bid,quotation,proposal vrother act incident m F.S,the bidder shall comply with the requirements ofSection 119 0701. � doing business with Palm Beach. County Florida Statutes, enumay maamended from time ootime. debarment, � 7n�Connv�ont�np�o�maUyr=quinouon� No premiums, rebates or gratuities are permitted; either with, prior to nr after any delivery o,material orprovision ofservices.Any such violation A. Keep and maintain publicrecords required bvthe County m may result inaward cancellation, return ofmaterials, discontinuation nf perform services osprovided under this Contract. � sem|ceo, and removal from the vendor bid list(s), and/ordebarment or suspension from doing business with Palm Beach County. B Upon request from the County's Cusmuien of Public Records, � provide the County with acopy ofthe requested records orallow the h. : Bidders are advised that the"Palm Beach County Lobbyist records mueinspected nrcopied within oreasonable time atacost � Registration Ordinonce" prohibits a bidder or anyone aapvanendno the that does not exceed the cost provided in Chapter 119 or as bidder from communicating with any County Commiueimner. County otherwise provided by law, The Consultant further agrees that all � Commissioner's staff, orany employee authorized mact vnbehalf ofthe fees,charges and expenses shall bedetermined|naccordance with Commission toaward apauinu|arnnnt��ega�ingi�bid. im.m^Cone Palm Beach Cnun� PPM CVvF~00z. Fees Associated with Public � of Silence". Records Requests, amitmay be.amnndednrrep|av=dfrom time m time. � The"Cone ofGi|enme'is in effect from the date/U � me of deadline for submission nfthe bid,and terminates at the time that the Board ofCounty C. Ensure that public records that are exempt` or confidential and � Comm�sione�oraCoumyDepm�nem � authorized m zeda�ontheirbeho� exempt from public records disclosure exempt, are not awards orapproves acontract, rejects all bids, orotherwise takes action disclosedexcept esauthohzedb' -' | for -duration dutivnnftheoontract � which ends the solicitation process. term and followingcompletion nfthe Contract,ifthe Consultant does not transfer the records to the public agency. � Bidders may, however, contact any County Commissioner, County Commissioner's staff, nrany employee authorized toact nnbehalf nfthe D Upon completion ofthe Contract the Consultant shall transfer, at � Commission tvaward aparticular contract, via written communication, no ouot to the County, all public records in possession of the ia facsimile, e-mailrUS mei! Violations Consultant unless notified by County's rep on � �. . . pun|nhaWvbyofine of$z0000per violation. behalf nfthe County's Custodian ofPublic Records, mkeep and maintain public records required by the County to perform the r service. |fthe Consultant transfers all public records to the County � L CONFLICT OF INTERESTS All bidders shall disclose with their bid the upon completion nfthe Contract, the Consultant shall destroy any name n/any officer,director,nragent who isalso enemployee vra duplicate public records that are exempt, nrconfidential and exempt � � � Page 413Of736 � Page 4 from public records disclosure requirements. If the Consultant keeps THE BID. Bid responses are to be submitted to the Palm Beach and maintains public records upon, completion of the Contract, the County Water Utilities Department no later than the time indicated Consultant shall meet all applicable requirements for retaining public on the solicitation preamble, and must be submitted in a sealed records.All records stored electronically by the Consultant must be envelope or container bearing the bid number for proper handling, provided to County, upon 13 request of the Countys Custodian of Public Records, in a format that is compatible with the information b. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise technology systems of County,at no cost to County. directed in sub-paragraph d. (Local Preference) or the Special Conditions of this bid,bidder should include with its bid a copy of all Failure of the Consultant to comply with the requirements of this article applicable Certificates of Competency issued by the State of Florida shall be a material breach of this Contract County shall have the right to or the Palm Beach County Construction Industry Licensing Board in exercise any and all remedies available to it, including but not limited to, the name of the bidder shown on the bid response page. It shall also the right to terminate for cause. Consultant acknowledges that it has be the responsibility of the successful bidder to maintain a current familiarized itself with the requirements of Chapter 119, F.S, and other Local Business Tax Receipt(Occupational License)for Palm Beach requirements of state law applicable to public records not specifically set County and all permits required to complete this contractual service forth herein. at no additional cost to Palm Beach County.A Palm Beach County Local Business Tax Receipt (Occupational License) is required F T C ULT T unless specifically exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License); the bidder QUESTIONS I THE should include the current Local Business Tax Receipt (Occupational License)issued to the bidder in the response It is the APPLICATION F CHAPTER 119' responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and FLORIDA T TUT S, TO THE current throughout the term of the contract. Failure to meet this CONSULTANT'S DUT i -1 r VI requirement shall be considered default of contract. LICRELATINGv TO c. SBE BID DOCUMENT LANGUAGE CONTRACT,THIS PLEASE CONTACTItem 1 -Policy THE CUSTODIAN OF PUBLIC It is the policy of the Board of County Commissioners of Palm Beach County,Florida,that SBE(s)have the maximum practical opportunity RECORDST RECORDS REQUEST, to participate in the competitive process of supplying goods,services and construction to the County. To that end, the Board of County PALM BEACHCOUNTY PUBLIC Commissioners adopted a Small Business Ordinance which is codified in Sections 280.21 through 2-80.34 (as amended) of the AFFAIRS DEPARTMENT, 301 N. OLIVEPalm Beach County Code, which sets forth the County's T L L requirements for the SBE program, and is incorporated in this solicitation. Compliance with the requirements contained in this 33401' BY E-MAIL AT section shall result in a bidder being deemed responsive to SBE requirements The provisions of this Ordinance are applicable to this RECORDSU EST@PBCGOV.ORG solicitation, and shall have precedence over the provisions of this Y TELEPHONE 561-355- solicitation in the event of a conflict.Although preferences will not be OR extended to certified MNVBEs, unless otherwise provided by law, businesses eligible for certification as an M/WBE are encouraged to m. INCORPORATION, PRECEDENCE, JURISDICTION: This maintain their certification in order to assist in the tracking of M/WBE Invitation for Bid shall be included and incorporated in the final availability and awards of contracts to M/ BEs. This information is award. The order of contractual precedence shall be the bid vital to determining whether race and gender neutral programs assist document (original terms and conditions), bid response, and M/WBE firms or whether race and gender preferences are necessary purchase order or term contract order. Any and all legal action in order to address any continued discrimination in the market. necessary to enforce the award or the resultant contract shall be held in Palm Beach County and the contractual obligations shall be interpreted according to the laws of Florida. Item 2-SBE Goals The County has established a minimum goal of 15% SBE n. LEGAL EXPENSES: The County shall not be liable to a bidder for participation for all County solicitations,inclusive of all alternates and any legal fees, court costs,or other legal expenses arising from the change orders. This goal is a minimum, and no rounding will be interpretation or enforcement of this contract, or from any other accepted. matter generated by or relating to this contract. Item 3-Ranking of Responsive Bidders o. NO THIRD PARTY BENEFICIARIES:No provision of this Contract is Bidders who meet the SBE goal will be deemed to be responsive to intended to, or shall be construed to, create any third party the SBE requirement. beneficiary or to provide any rights to any person or entity not a party to this Contract,including but not limited to any citizen or employees a. In evaluating competitive bids or quotes between $1,000 and of the County and/or successful bidder. one million dollars ($1,000,000)where the low bidder is non- responsive to the SBE requirement, the contract shall be 3. BID SUBMISSION awarded to the low bidder responsive to the SBE requirement as long as the bid does not exceed the low bid amount by 10%. a. SUBMISSION OF RESPONSES: All bid responses must be In the event there are no bidders responsive to the SBE submitted on the provided Invitation for Bid"Response"Form. requirement, the contract shall be awarded to the bidder with Bid responses on vendor letterhead /quotation forms shall not be the greatest SBE participation in excess of seven percent(7%) accepted. Responses must be typewritten, written in ink or a participation, as long as the bid does not exceed the low bid photocopy and must be signed by an agent of the company having amount by ten percent(10%). authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE b In evaluating bids in excess of one million dollars($1,000,000), INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF where the low bidder is non-responsive to the SBE requirement, ib Page 414 of 736 0 � Page � the contract shall be awarded tothe low bidder responsive to u- The County may count toward its SBE goals the total value uf the SSE requirements provided that such bid does not exceed acontract awarded toaneligible SBE firm that subsequently is the lowest responsive bid tmmore than one hundred thousand decertified urwhose certification has expired after ocontract dollars ($100.000) plus three percent (3s6) ofthe total bid in award date o,during the performance ofthe contract � excess of one million dollars ($1.000.000). In the event there are nobidders responsive tothe SBE goal, the contract shall o The County orPrime may count toward its SBE goal eportion � beawarded tothe bidder with the greatest SBE participation m ofthe total dollar value ofacontract with ajoint venture,eligible excess o*seven percent(79)participation,provided that such under the standards for certification,equal»zthe percentage of � bid does not exceed the |uwoet responsive bid by more than the ownership and control of the SBE partner in the joint one hundred thousand dollars (S100,000) plus three percent venture � (o%) of the total bid in excess of one million dollars ($1.000.000). d The County orPrime may count toward its SBE goal the entire � expenditures for materials and equipment purchased by an Item 4-Bid Submission Documentation SBE subcontractor, provided that the SBE subcontractor has � SBE bidders, bidding as prime contractors, are advised that they the responsibility for the installation ofthe purchased Materials must complete oo/cmu/v 1 and zcnmmme 2- listing mm g the be and equipment. � performed by their own workforce, as well as the work to be performed by any SBE uubcontractor. Failure to include this e The County or Prime may count the entire expenditure to an � information an Schedule I will result in the panicp ohmn bythe SBE SBE manufacturer |.e, a supplier/ distributor that produces prime bidders own workforce m(TTbeing counted towards meeting goods from raw materials or substantially alters the goods � the SeEgpa|. This requirement applies even if the SBE contractor before resale). 0 intends toperform 100%ofthe work with their own workforce , The County or Prime may count sixty percent (00Y6) of its � Bidders are required m subm�w�x�ei,bid the appropriate SBE- expenditure m SBE suppliers / distributors that are not Mxm8s schedules in order to be deemed responsive to ,he SBE manufacturers requirements. Goe'M8WBE documentation to be submitted is as 0 fvUm*o: g The County or Prime may count toward its SBE goal second and thirdGBE subcontractors;m� pmvid d that ma Prime andsubmits o completed Schedule 2 form our each SBE ...~ .°. s..a° ^o.^`""^ ".= .,=.=° v, v,= oSErnmaamEnno subcontractor. 4 subcontractors intended mbeused in performance ofthe contract, 4 nawarded.This schedule shall also beused ifonSBE prime bidder h The County n,Prime may only count toward its SBE goal the ioutilizing ANY subcontractors goods and services inwhich the SBE incertified and performs � with its own forces. Xurthorizations for annual ie excluded from this Item 7-Responsibilities After Contract Award� Schedule(s) - Letter(s) of Intent to Perform as an SBE or � This nonn enen be submitted by the prime contractor with each � MANSE Subcontractor payment application when SBE subcontractors are utilized in the * uunedu/o 2 shall be completed by the SBE prime ASchedule z performance ofthe contract.This fonnshall contain the names vfall 10 mhon be completed and signed bythe proposed SBE subcontractor SBE subcontractom, specify the subcontracted dollar amount for listed on Schedule 1. SBE Primes and SBE Subcontractors shall each subcontractor and show amount drawn and payments mdate 1) specify the type or work to be pemonneu, the cost and / or issued msubcontractors.This form is intended oobo utilized onau percentage. |fthe SBE intends msubcontract any portion ofthe job non-professional services contracts. � to anotwmroamfied SBs, or nvn'GoE, they are required to list the amount and the name ofthe subcontractor onthis form.The Prime � may count toward its SBE goal second and third tiered Gos A Schedule 4 for each SBE sub shall be completed and signed by ooucontnactv,m� provided that � Prime submits m completed the proposed SBE after receipt nf paymonthom^h�- rine� '-^ a- � Schedule o�nmmreach SBE mumcom�om�Adm�onsubcontractorm may subcontractor intends disburse any funds associated�-— this - � be used as needed. In lieu of Schedule o. m detailed responsive payment toany subcontractor for labor provided nnthis contract, — � pmpvsa|may b*e�m�ab�. amount and name of�euuboo��mo,mmm be listed ,`this form In addition, if the named subcontractor is a certified SBE, then a � ��2� Schedule shall bncompleted and signed bythe named SBE after Only those firms certified byPalm Beach County atthe M ~��fu|� receipt from the SBE subcontractor. When � submission shall toward the Prime haU � submi��hiannw|theaohapp|itionoub !�edt- applicable, Upon receipt of complete application, IT TAKES UP TO NINETY the County payment(oodocumentpaymentie,/n000as.uin�- � (eo) o4nS TO BECOME CERTIFIED AS AN SBE WITH PALM performance of the contract. - BEACH COUNTY./tiothe responsibility nfthe bidder toconfirm the certifimytionofany proposed SBE;therefore, itierecommended that All bidders hereby assure that they will meet the SBE participation bidders visit the on-line Vendor Directory at percentages submitted in their respective bids with the � to verify SBE certification. subcontractors contained on Schedules 1 and 2 and at the dollar m� values specified.Bidders agree toprovide any additional information Item 6 - Counting SBE Participation (and MfWBE Participation requested bythe County to substantiate participation. for Tracking Purposes)� ~ The aummeofu| bidder shall submit an SBE-M&v8EActivity Fnnn o. Once afirm indetermined tu be an eligible SSE according to (Schedule J) and S8EM8WBE Payment Certification Fomns the Pm|m Beach County certification procedures,the County nr (Schedule 4)with each payment application.Failure toprovide these � the Prime may count toward its SBE goals only that portion nf forms may result madelay mprocessing payment ordisapproval nf ~ the total dollar value nfacontract performed bythe SBE. Phn, the invoice until they are submitted The SaE-MNvBsActivity Form � to |ssue, total dollar value of contract will be determined by is to be filled out by the Prime Contractor and the SBE'Mmvas ^ the PBC user department bydefining factors to be considered Payment Certification Forms are to be executed by the SBE or � on value. Total do||u, value of nsoi| contracts shall be Mxmos nnn to verify receipt vfpayment. determined byGross Receipts. � Page 415 Of 736 _ Page 6 Item_ 8-SBE Substitutions 1 Prices offered must be the price for new merchandise and free After contract award,the successful bidder will only be permitted to from defect Unless specifically requested in the bid replace a certified SBE subcontractor who is unwilling or unable to specifications, any bids containing modifying or escalation perform. Such substitution must be done with other certified SBE's clauses shall be rejected in order to maintain the SBE percentages submitted with the bid. 2. The price offered must be in accordance with the unit of Requests for substitutions must be submitted to the user Department measure provided on the bid response page(s).One(1)space and OSSA. or line requires only one (1) single, fixed unit price Anything other than a single, fixed unit price shall result in the rejection d. LOCAL PREFERENCE ORDINANCE:In accordance with the Palm of your bid Beach County Local Preference Ordinance, a preference may be 3. All unit prices bid should be within two (2) decimal points If given to (1) bidders having a permanent place of business in Palm bidder's pricing exceeds two (2) decimal points, Purchasing Beach County or(2)bidders having a permanent place of business reserves the right to round up or down accordingly in the Glades that are able to provide the goods or services within 4 Bidder warrants by virtue of bidding that prices shall remain firm the Gladesfor a period of ninety(90)days from the date of bid submission to allow for evaluation and award. 1. Glades Local Preference: Pursuant to the Palm Beach County 5 Bidder warrants by virtue of bidding that prices shall remain firm Local Preference Ordinance, a 5%Glades Local Preference is for the initial and any subsequent term unless modified by a given when a Glades business offers to provide the goods or special condition. services that will be procured for use in the Glades If the lowest 6 In the event of mathematical error(s),the unit price shall prevail responsive; responsible bidder is a non-Glades business, all and the bidder's total offer shall be corrected accordingly. bids received from responsive, responsible Glades businesses BIDS HAVING ERASURES OR CORRECTIONS MUST BE will be decreased by 5%. The original bid amount is not INITIALED BY THE BIDDER PRIOR TO BID SUBMISSION.IF changed. The 5% decrease given for the Glades Local THE CORRECTION IS NOT PROPERLY INITIALED, OR IF Preference is calculated only for the purpose of determining THE INTENT OR LEGIBILITY OF THE CORRECTION IS NOT local preference. CLEAR,THE BID SHALL BE REJECTED. 2. Local Preference: Pursuant to the Palm Beach County Local 7 Bidders may offer a cash discount for prompt payment. Preference Ordinance, a 5% Local Preference is given to However,such discounts shall not be considered in determining bidders having a permanent place of business in Palm Beach the lowest net cost for bid evaluation purposes unless otherwise County. If the lowest responsive, responsible bidder is a non- specified in the special conditions. Bidders should reflect any local business; all bids received from responsive, responsible discounts to be considered in the unit prices bid. local businesses will be decreased by 5%. The original bid amount is not changed. The 5%decrease given for the Local h. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to bid Preference is calculated only for the purpose of determining on some items sought by this solicitation should mark those items as local preference "no bid". If some items are to be offered at no charge,bidders should 3 To receive a Glades Local Preference or a Local Preference mark those items as"no charge".Items left blank shall be considered (collectively referred to as "local preference"), a bidder must a"no bid"for that item, and the bid shall be evaluated accordingly have a permanent place of business in existence prior to the County's issuance of this Notice of Solicitation / Invitation for Bid. A permanent place of business means that the bidder's I. ACCEPTANCE/REJECTION OF BIDS: Palm Beach County headquarters is located in Palm Beach County or in the Glades, reserves the right to accept or to reject any or all bids. Palm Beach as applicable;or,the bidder has a permanent office or other site County also reserves the right to(1)waive any non-substantive in Palm Beach County or in the Glades, as applicable, where irregularities and technicalities;(2)reject the bid of any bidder who the bidder will produce a substantial portion of the goods or has previously failed in the proper performance of a contract of a services to be purchased.A valid Business Tax Receipt issued similar nature,who has been suspended or debarred by another by the Palm Beach County Tax Collector is required,unless the governmental entity,or who is not in a position to perform properly bidder is exempt from the business tax receipt requirement by under this award;and(3)inspect all facilities of bidders in order to law,and will be used to verify that the bidder had a permanent make a determination as to its ability to perform. place of business prior to the issuance of this Notice of Solicitation / Invitation for Bid. In addition.. the attached Palm Beach County reserves the right to reject any offer or bid if the "Certification of Business Location" and Business Tax Receipt prices for any line items or subline items are materially unbalanced. must accompany the bid at the time of bid submission. The An offer is materially unbalanced if it is mathematically unbalanced; Palm Beach County Business Tax Receipt and this Certification and if there is reason to believe that the offer would not result in the are the sole determinant of local preference eligibility.Errors in lowest overall cost to the County, even though it is the lowest the completion of this Certification or failure to submit this evaluated offer.An offer is mathematically unbalanced if it is based completed Certification will cause the bidder/proposer to not on prices which are significantly less than fair market price for some receive a local preference. bid line item and significantly greater than fair market price for other bid line items. Fair market price shall be determined based on e. DRUG FREE WORKPLACE CERTIFICATION: In compliance with industry standards,comparable bids or offers, existing contracts, or Florida Statute (Section 287.087) attached form "Drug-Free other means of establishing a range of current prices for which the Workplace Certification"should be fully executed and submitted with line items may be obtained in the market place. The determination bid response in order to be considered for a preference whenever of whether a particular offer or bid is materially unbalanced shall be two (2) or more bids which are equal with respect to price, quality, made in writing by the Director of the Water Utilities Department, and service are received by Palm Beach County. citing the basis for the determination. f. CONDITIONED OFFERS:Bidders are cautioned that any condition, j. NON-EXCLUSIVE:The County reserves the right to acquire some or qualification, provision, or comment in their bid, or in other all of these goods and services through a State of Florida contract correspondence transmitted with their bid, which in any way under the provisions of Section 287,042, Florida Statutes, provided modifies, takes exception to, or is inconsistent with the the State of Florida contract offers a lower price for the same goods specifications, requirements, or any of the terms, conditions, or and services.This reservation applies both to the initial award of this provisions of this solicitation, is sufficient cause for the rejection of solicitation and to acquisition after a term contract may be awarded. their bid as non-responsive. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this g. PRICING: solicitation and resultant contract when the specifications differ from Page 416 of 736 � � this solicitation or resultant contract, or un gunux and services u. - specified in this solicitation when the scope substantially differs from awards shall be publicly posted for review,at the Water Utilities � this solicitation or resultant contract Department, Lobby area, prior to final appmva|, and ema|| remain posted for a period of five(5)business uarc � w. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Palm Beach County encourages and agrees tothe successful bidder o. PROTEST PROCEDURE: Protest procedures are provided in � extending the pncino, terms and conditions of this solicitation or the Palm Beach County Purchasing Coda. Protests must be resultant contract toother governmental entities atthe discretion of submitted inwriting, addressed mthe Director ofPurchasing, � the successful bidder via hand delivery, mail o,fax to (5O1)o4o-6785. Protest must identify the solicitation,specify the basis for the protest, and be � v. submitting a bid. received by the Purchasing Department within five(5)business bidder agrees and promises that, during and after a public days of the posting date of the recommended award. The � emergenoy, disastec hurricane, flood, oracts ufGod, Palm Beach protest ioconsidered filed when bioreceived bvthe Purchasing County shall begiven"first priority"for all goods and services under Department.Failure to fi|eprotest aeoutlined inthe Palm Beach � this contract.Bidder agrees mprovide all goods and services mPalm County Purchasing Code shall constitute o waiver of Beach County during and after the emergency at the tenna' proceedings under the referenced County Code � conditiony, and prices ao provided in this solicitation on a "first priority" basis. Bidder shall furnish a24-Uourphone number tothe e. CONTRACT ADMINISTRATION � County in the event of such an emergency. Failure to provide the stated priority during and after anemergency shall constitute breach a DELIVERY ACCEPTANCE: Deliveries ofall items shall � ofcontract and make the bidder subject tvsanctions from doing bemade aesoon ampossible.Deliveries resulting from this bid further business with the Countyare houreoftheCounty � � . Time iomrthe essence and delivery dates must bemet.Should � m. SALES PROMOTIONS I PRICE REDUCTIONS: Should sales the successful bidder fail to deliver on or beforeme stated promotions occur during the term ofthe contract that lower the price dates, the County reserves the right»oCANCEL the order or ofthe procured item,the successful bidder shall extend mthe County contract and make the purchase elsewhere The successful � the lower price offered by the manufacturer on any such promotional bidder shall be responsible for making any and all claims item Further, any price decreases effectuated during the contract against carriers�formiomingor damaged items period byreason ofmarket change orotherwise,shall bepassed on to po|m Beach County. ndditionany, any time after award, the Delivered items shall not be considered "accepted" until an � successful bidder may offer oreduced price which shall remain in authorized agent for Palm Beach County has, by inspection or effect for the duration ofthe contract. test ufsuch items,determined that they appear tofully comply with specifications The Board of County Commissioners may » return,at the expense ofthe successful bidder and forfv||credit, ..." °""=~~= bidder uxa. v=xmm the following and shall use the any item(s) received which fan to meet the County's � specifications or performance standards 1 Submit toPalm Beach County acopy ofits non-discrimination b. FEDERAL Palm Beach County iaexempt policy,which oxaU be consistent with the non'diso,imination from Federal and State taxes. The authorized agent for policy of Palm Beach county aoset forth in Section ub purchasing shall provide an exemption ncmnoote /o the hereinabove; ORamthe event that the successful bidder successful bidder, upon request. Successful bidders are not N� does not have awritten non-discrimination policy o,one that exempted from paying sales tax mtheir suppliers for materials conforms to Palm Beach County's pnUoy.the successful to fulfill contractual obligations with the Cnuntv, nor are bidder shall sign and submit to Palm aoocm County successful bidders authorized to use the County's Tax statement affirming that itwill conform to Palm Beach Exemption Number in securing such materials. County's non-discrimination policy as provided in Palm Beach County Resolution R-2o14-14z1. uomay beamended. c morder for Palm Beach County payment, the Vendor's Legal Name; Vendor's Address and Vendor's The successful bidder shall satisfy the requirements set forth in TIN/FEIN Number on the successful bidder's bid must be this Section prior to execution of contract with Palm Beach exactly the some as it appears in Palm Beach County's vGG County and within a time frame specified by Palm Beach which' —� — b accessed at County (normally within 2 working days of request). The beach.fl.us/webaipipivssp/A[tSelfService. Successful bidders successful bidder's failure msatisfy the requirements set forth invoices h ~ address N� inthis 8e�inn 3.n.shall render its bid non we It is the "°"u p�= of invoices m the Palm County responsibility nfthe successful bidder oomaintain owritten u, Department requesting the goods/services.Invoices submitted m� non-written non-discrimination policy that cmnfnnna with the on carbon paper shall not beaccepted. County's policy as set forth in Section 2b. hereinabove throughout the term of the contract. Failure to meet this PALM BEACH COUNTY requirement shall byconsidered default nfcontract. FINANCE DEPT. -. P.O.Box 4n3e 4. BID SUBMISSION TIME/AWARD OFBID WEST PALM BEACH,F�on4o2�uao a Payment shall be made by the County after goods /senicem ~� published have been moeived, ommpmu and properly invoiced as observed. It is the oo|o responsibility of the bidder to ensure indicated inthe contract and/ororder. Invoices must bear the that their bidarrives inthe Water Utilities Department prior m order number.The Florida Prompt Payment Act iaapplicable tn the published bid submission time.Any bid delivered after the this solicitation. Interest penalties will only be paid in ' precise published time of bid submission sooU not be accordance with the Florida Prompt Payment Act. Florida xonoidonad, and shall be returned to the bidder unopened if Statute 218.70- bidder identification 18.7Obidde,idantifination is possible without opening.aid responses uytelephone, electronics, o,facsimile shall not b* accepted Note:Palm Beach County Vendors can now bepaid uy aiuuem soo|| not be allowed to modify mei, mus after the Credit Card via the County's voluntary Payment Manager published bid submission time p�ngram.For vendors who don't have a merchant account, one is needed to utilize the Program For vendors with a � W� Page 417 Of 736 � Page 8 6 merchant account,you will need to enroll with the Palm Beach 6. PALM BEACH COUNTY_OFFICE OF THE INSPECTOR County Clerk&Comptroller's office For information; contact GENERAL AUDIT REQUIREME�iTS: I the Palm Beach County Clerk&Comptroller at pbcpaymentmgrAmypalmbeachclerk.com or 561355-3295 Pursuant to Palm Beach County Code, Section 2-1121 -2-440. 6 as amended, Palm Beach County's Office of Inspector General d. CHANGES: The Director of the Water Utilities Department, is authorized to review past, present and proposed County Palm Beach County, by written notification to the successful contracts, transactions, accounts, and records. The Inspector bidder may make minor changes to the contract terms. Minor General's authority includes, but is not limited to, the power to changes are defined as modifications which do not significantly audit, investigate, monitor, and inspect the activities of entities alter the scope, nature, or price of the specified goods or contracting with the County,or anyone acting on their behalf,in services.Typical minor changes include, but are not limited to, order to ensure compliance with contract requirements and to place of delivery, method of shipment, minor revisions to detect corruption and fraud Failure to cooperate with the customized Work specifications, and administration of the Inspector General or interfering with or impeding any contract.The successful bidder shall not amend any provision investigation shall be a violation of Palm Beach County Code; of the contract without written notification to the Director of the Section 2-421 - 2440, and punished pursuant to Section Water Utilities Department, and written acceptance from the 125.69. Florida Statutes, in the same manner as a second Director of the Water Utilities Department or the Board of degree misdemeanor County Commissioners. 7. BUSINESS INFORMATION: If bidder is a Joint Venture for the e. DEFAULT:The County may,by written notice of default to the goods /services described herein, bidder shall, upon request successful bidder. terminate the contract in whole or in part if of Palm Beach County provide a copy of the Joint Venture the successful bidder fails to satisfactorily perform any Agreement signed by all parties. provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or THIS IS THE END OF"GENERAL CONDITIONS" provides repeated non-performance, or does not remedy such failure within a period of 10 days(or such period as the Director of the Water Utilities Department may authorize in writing)after receipt of notice from the Director of the Water Utilities Department specifying such failure. In the event the County terminates this contract in whole or in part because of default of the successful bidder, the County may procure goods and/or services similar to those terminated, and the successful bidder shall be liable for any excess costs incurred due to this action. If it is determined that the successful bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of,the successful bidder),the rights and obligations of the parties shall be those provided in Section 5f,'Termination for Convenience" f. TERMINATION FOR CONVENIENCE: The Water Utilities Department may, whenever the interests of the County so require, terminate the contract in whole or in part, for the convenience of the County. The Water Utilities Department shall give five(5)days prior written notice of termination to the successful bidder,specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from the entire contract. Unless directed differently in the notice of termination; the successful bidder shall incur no further obligations in connection with the terminated Work,and shall stop Work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and / or subcontracts related to the terminated Work. g, REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. /k Ilk Page 418 of 736 � Page SPECIAL CONDITIONS � P 8' GENERAL I SPECIAL CONDITION PRECEDENCE @ In the event of conflict between General Conditions and Special Conditiona, the provisions of the Special Conditions ahnU � have precedence. � All mte/euu:u parties/bidders are required to attend n pre-bid conference which isscheduled ho be held at Palm Beach Qognty Water Utilities D )artpient- 8100 Forest Hill Blvd. West Palm Beach FL 33413 nncommencing 'at—Novernber 16, � � - � Atthis time, the County's representative will be available to answer questions relative to this Invitation for Bid UFB\ Any � suggested modifications may be presented in writing to, or discussed with the County's nepreaenbaUve(s) `ao 'onsib|e � amendments to the Invitation for Bid. Said modificoUon(s) must be appnoved, in vvhUng, by the VVabar Utilities Department. Bidders any reminded that statements and information provided at this meeting are not binding unless issued in writing as on � amendment to the Bid. THE BIDDER'S FAILURE TO ATTEND THIS CONFERENCE SHALL RESULT IN DISQUALIFICATION QFTHEIR BID. 0 All interested parties/bidders nhoU sign an attendance sheet. The attendance sheet will be uoUeobyd at (10 minutes after stated start time) local time. Those arriving after the attendance sheet has been collected shall be considered as not in � attendance for purposes ofthe mandatory pre-bid conference, 0 iO. POST AWARD MEETING 0 Within sixty (6X0) days of the effective date of the contract avvand, successful bidder shall meet with the Director of Water 0 Uti|itios, orhis designee, todiscuss job procedures and scheduling � The/Successful Bidder shall contact Vincent Munn, Utilities Operations and Maintenance Manager at to arrange meeting ��---- � � 11. QUALIFICATION OF BIDDERS � This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified. b The bidder aha||, upon nequeat, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of neeourues, the ability to comply with required or W proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, � experienoe, accounting and operation oontoo|o, and technical skills, and beotherwise qualified and eligible to receive an award under applicable laws and regulations. � � The bidder should submit the following information with their bid response; hovvaver, if not ino|uded, it shall be the responsibility of the bidder to submit all evidenoe, as ao|icited, within a time frame specified by the County (normally within Ill two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for ��obon of their bid. Information ��brnittm� with m pma�|mu� bid mh�/| not �a�i��v this provision. ' ~ � ' A. List aminimumwhich similar goods and/or services have been provided within the past Five � (5) years including scope contact names, addresses, e-mail addrasaes, telephone numbers and dates—of service on the attached reference sheet included herein. Acontout person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed � that they are being used as o reference and that the County may be calling them. DO NOT list persons who are unable toanswer specific questions regarding the naquirement � � � B. The bidder must provide copies of current licensesteertifications thatshow the finn (biddor), oro principal in the firm in licensed to contract the scope of vmork in Palm Beach County, Florida. � t ' Provide copy of valid South Florida Water Management District(SFWMD)Water Well Contractor's License. � � Provide evidence that the Successful Bidder or a licensed Aqua Freed sub-contractor has a minimum � of two (2)years'experience in CO2 Injection of wells; evidence must show successful CO2 Injection in e minimum of ten (10) wells � Page 419 Of 736 E. Provide a list of the number of available well maintenance crews, vehicles and equipment. Page 10 F. Provide a statement on whether bidder can perform maintenance on a minimum of three (3) wells simultaneously. G. Provide evidence of having access to an existing pump shop with a minimum of three(3) years of service experience in diagnostic and maintenance of well pumps 12. AWARD (ALL-OR-NONE) Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all-or-none, total offer basis. Therefore, it is necessary for a bidder to bid on every item in order to have a bid considered. It is also required that the bidder carefully considers each item, and make sure that each one meets the specifications as indicated In the event that one item does not meet such specifications the entire bid will be considered non-responsive. Additionally, if a bidder enters a No Bid, or N/A for any item, they will be considered non-responsive. 13. METHOD OF ORDERING (TERM CONTRACT) A term contract shall be issued for a term of 12 months or until the estimated amount is expended, at the discretion of the gp County. The County will order on an "as needed" basis. Work issued by the County during the term of this contract shall be executed until completion by the successful bidder, even if the completion time frame exceeds beyond the expiration date of the contract. Successful bidder shall be paid for all Work completed to the satisfaction of the County. 14. RENEWAL OPTION The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for four 4 additional twelve (12) month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if a vendor is suspended by the Purchasing Department prior to the commencement of the renewal period. 15. F.O.B. POINT The FO B, point shall be destination. Exact delivery point will be indicated on the term contract delivery order. Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. T 16. TIME FOR COMPLETION /DELIVERY Bidder acknowledges and agrees that the time of completion/delivery is an essential condition of this contract. Successful bidder shall respond on site within seventy-two (72) hours after receipt of contract delivery order and prosecute the Work uninterrupted, in such a manner, with the specified labor and equipment so as to ensure that project(s) as defined are completed within the time frame agreed upon, unless a modified delivery/completion date has been requested by the successful bidder and approved in writing by the Director of Water Utilities Department or his designee. The successful bidder shall, within seven (7) calendar days from the beginning of such delay, provide written notification of the causes of the delay to the Water Utilities Department. If the successful bidder shall be delayed in the completion of its Work by reason of unforeseeable causes beyond its control and without fault or negligence, including, but not restricted to, acts of God, the period specified for the completion of delivery shall be extended by such time as may be approved in writing by the Water Utilities Department. 17. AS SPECIFIED All items delivered under the Contract shall meet the specifications required by the Water Utilities Department Standards Manual. Any items that do not meet the specifications will be returned at the expense of the successful bidder. All Work will be undertaken as specified by the Water Utilities Department Director or his designee. Any Work undertaken in a manner other than that specified by the Department Director or his designee may be required, at the discretion of the Department Director or his designee, to be corrected at the expense of the successful bidder, unless the deviation was approved in writing by the Department Director or his designee prior to initiation of the Work. Page 420 of 736 � � Page 11 18. The anticipated term ofthe contract hobeawarded aaaresult ofthis bid is for 12 months. The anticipated value during the contract term is . Palm Beach County reserves the right toincrease ordecrease the � anticipated value as necessary to meet actual msqu/manlents, and to rebid for the contracted goods and services at any time after the anticipated value of this contract has been rnaohed, notwithstanding that the anticipated term has not been completed. Bidder understands and agrees that the quantities of Work or material stated in unit price items are supplied only to give an indication of the general scope of the Work and the County does not expressly or by N� implication agree that the actual quantity of the Work or material will correspond therewith. � 19' QUANTITY � The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Bidder understands and agrees that the quantities of Work or material stated in unit price items are supplied only to give an indication of the general scope of the work and the County does not expressly or by implication agree that the actual quantity of the Work or material will correspond therewith. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additiona||y, bidders are cautioned bo bid in accordance with the unit specified on the bid response page. 20. WORK SITE SAFETY-SECURITY � The Successful Bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder's own pnoperty, and/or that ofother contractors, and eho|| be held responsible for replacing or repairing any such loss or damage When applicable, the successful bidder provide fences, signs, barricades, flashing lights, etc. necessary to � . . . . . protect and secure the work oihe(s) and insure that all County. State ofFlorida, {}SHA, and other applicable safety regulations are met. Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may xvithho|dpayment ormake such deducdoneaadeemed necessary bzensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or its agents. � 21. EQUIPMENT aThe scope of these specifications is to ensure the delivery of a complete unit ready for operations. The apparent silence of any specification as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning only that the boat commercial practice is to prevail, and that only material and workmanship of the finest quality are to be used. Omission of any essential detail from these specifications does not relieve the supplier from the furnishing of complete unit 0 b. All equipment must be new, of current manufacture in production at the time of bid opening. 22. WARRANTY � The successful bidder shall fully warrant all itemm, equipment and services furnished hereunder against defect in mebario|e and/or workmanship for aperiod ofominimum ofone (1)yea from date nfdelivery and acceptance byPalm Beach County. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the successful bidder shall repair or replace same at no cost to Palm Beach County, immediately upon written notice IR hnm the Director ofPurchasing. 23. INSURANCE REQUIRED -0 Upon notification from the Director of Water Utilities or his designee' and after the closing period has ended for award reoommendation, it shall be the responsibility of the successful bidder to provide evidence of the following minimum P amounts of insurance coverage to Palm Beach County, c/o Water Utilities Department, Attention Procurement Division, 8100 Forest Hill Boulevard,West Palm Beach, Florida 33413vvithin3Odays ofnotification. During the term of the Contract and �� prior to each subsequent renewal thnanf, the successful bidder eho|| provide this evidence to the County prior to the 11i expiration date of each and every insurance required herein. Subsequently, the successful bidder shall, during the term of the Contnact, and prior to each renewal thereo[ provide evidence of insurability to ITS at pbc@instracking.com or fax 562) 435-2099. which is Palm Beach County's insurance management system, prior tothe expiration date ofeach and every insurance required herein. Commercial General Liability Insurance. Successful bidder ahoU maintain Commercial General Liability |nsunsnon. or similar form, atmlimit ofliability not less than $1.000.000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed N� Operations, Personal Injury/Advertising Liability, Contractual Liability and Brood Form Prd�G*Doj4g$not�YW � ~_ Page 12 coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be N� included when applicable tothe work tobeperformed. This coverage oha|Ibeendorsed to include a|mn Beach — Cmuntyss an Additional Insured. Business Auto Liability Insurance. Successful bidder oheU maintain Business Auto Liability Insurance ata limit of liability not ~~ |aas than $1,000,000 Combined Single Limit Each Accident for all owned, non-ovvned, and hired automobiles. /| 0thia conhaxt, the term "Autos" is interpreted to mean any land motor vehic|e, trailer or semi-trailer designed for travel (in n public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement ~- shall be amended allowing successful bidder to maintain only Hired & Non-Owned Auto Liability and shall provide either an 0 affidavit or a letter on company letterhead signed by the bidder indicating either the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase "Owned Auto"coverage as of the date — of acquisition. If vehicles are acquired throughout the term of the contract, bidder agrees to purchase"Owned Auto" coverage as of the date This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or 0 separate Business Auto coverage form. 0 Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability|naumsnms in accordance with Florida Statute Chapter 440. 0 A signed Certificate of |nsuranne, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent 0 within a timeframe specified by the County (normally within 2 working days of request) Failure to provide required o insurance shall render your bid non responsive. Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional |iabi|ity, when applicable), said Certificate(s) shall clearly confirm that coverage required bythe contract has been endorsed to include Palm Beech County asanAdditional Insured. Said Certificate(s) to extent allowable innurer, include a minimum thirty (30) day endeavor ` . . to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. It is the responsibility 0 of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis. � � � � � � � Page 422Of736 � SPECIFICATIONS Page 13 BID I WUD16-001[VMG SYSTEM-WIDE WELLFIELD MAINTENANCE FOR PALM EACH COUNTY WATER UTILITIES DEPARTMENT 0 Purpose and Intent 0 The sole purpose and intent of this Invitation for Bid is to obtain firm, fixed pricing for maintenance on 0 approximately ninety-five (95) existing surficial aquifer wells including repair of submersible pumps and 16 related appurtenances ("Work"). Total offer shall include all necessary materials, labor, supervision, 0 equipment, supplies, fees, expertise, and services to ensure completion of required Work. 0) Bidder's Resgonsib,ijity 0 0 This bid will be Unit Price. The bidder agrees to furnish and pay for all materials necessary to complete the Work in accordance with all requirements of the contract documents and in accordance with all applicable codes and governing regulations, within the time limit specified. Bidder assumes all costs, delays and risks associated with all conditions or occurrences which cause or might cause an increase in bidder's cost to complete the Work or which cause or might cause delays in bidder's prosecution of the Work. General Information Work shall be performed in accordance with the latest edition of the Palm Beach County Water Utilities Department Minimum Engineering and Construction Standards, as may be amended from time to time. Bidder agrees to complete all Work in accordance with all requirements of the contract documents and in accordance with all applicable codes and governing regulations, within the time limit specified. Bidder assumes all costs, delays and risks associated with all conditions or occurrences which cause or might cause an increase in bidder's cost to complete the Work or which cause or might cause delays in bidder's prosecution of the Work. Payment Payment is based on the unit price provided on the bid response page. Payment shall be rendered ONLY upon the County's satisfaction of services rendered. Unit price shall include, but is not limited to, all supervision, labor, equipment, tools, machinery, transportation, travel, mobilization, demobilization, manpower, fuel oil, greases, insurance, taxes, fees, suspensions, delays, or any other incidental expenses necessary to fully and completely provide the service(s) as specified herein. No additional compensation shall be offered or paid. No additional shipping/delivery charges permitted. Page 423 of 736 ll� Page 14 SUMMARY OF WORK 0 GENERAL 1.0 Work Covered by Successful Bidder Documents: A. The Work covered by these specifications comprises in general the furnishing of all labor, materials, equipment, supplies, tools and manufactured articles of every kind required to conduct the Work as described by the contract documents. B. The Work shall also include all transportation and all temporary services, utilities, systerns, including those not expressly shown or called for in the Contract Documents, necessary to properly accomplish and complete the Work in accordance with the requirements of the contract documents. - Except as specifically noted, the successful bidder shall provide and pay for: 1. Labor, materials, and equipment. 2. Tools, equipment and machinery. 3. Water, electricity, and other utilities required to complete project. 4. Other facilities and services necessary for proper execution and completion of the ` Work. 5. Permits, surveys, and testing. 1.1 General Provisions: A. The Department Director or his designee must be notified seventy-two (72) hours prior to the commencement of Work at the project site. B. The successful bidder shall be responsible for locating any underground and above ground utilities located within the project site area within the first 30 calendar days following the Notice To Proceed, including potholing and surveying of utility conflicts to avoid project delays, at no cost to the County. C. Any damage to existing above ground or underground utilities occurred during performance of the Work shall be repaired by the successful bidder, at no cost to the County. D. All accessories and appurtenances shall be new, recent manufacturer, complete and ready for use. E. The successful bidder upon completion of the Work, shall remove and legally dispose of all debris and excess materials brought on site or caused to be on site by the successful bidder's activities. F. The successful bidder shallrovide the services of a p qualified manufacturer's technical representative(s) who shall adequately supervise the installation and testing of all equipment furnished under this Contract. G. The successful bidder shall secure and pay for, as necessary for proper execution and completion of Work, and as applicable at time of receipt of bids: Page 424 of 736 1. Permits Page 15 2. Government Fees 3. Licenses H. The successful bidder shall bear sole responsibility for issuing required notices. I. The successful bidder shall comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities, which bear on performance of Work. 1.2 Siltation and Bank Erosion: A. The successful bidder shall take adequate precautions to prevent siltation and bank erosion in crossing canal or ditches, in discharging well point system or during other activities. 1.3 Storage of Materials.- A. aterials.A. Suitable storage facilities shall be furnished by the successful bidder. All materials, supplies and equipment intended for use in the Work shall be suitably stored by the successful bidder to prevent damage from exposure, admixture with foreign substances, or vandalism or other cause. The Department Director or his designee will refuse to accept, or sample for testing, materials, supplies or equipment that have been improperly stored, as determined by the Department Director or his designee. Materials found unfit for use shall not be incorporated in the Work and shall immediately be removed from the project or storage site. Delivered materials shall be stored in a manner acceptable to the Department Director or his designee before any payment for same will be made. Materials strung out along the line of the project will not be allowed unless the materials will be installed within two weeks from the time of unloading and stringing out. 1.4 Salvaged Equipment and Materials: A. In the absence of special provisions to the Contract, salvaged materials, equipment or supplies that occur are the property of the County and shall be cleaned and stored as directed by the County. Surplus excavated materials remain the property of the County and shall be spoiled in the area shown on the drawings or designated by the County. Successful Bidder shall deliver salvaged materials, equipment or supplies to the location directed by the County. The existing concrete slab shall be demolished and removed from the site. 1.5 Progress of Work: A. Work shall be performed to the County's specifications including the specified timeline for each NO work project. Failure of the successful bidder to adhere to the established timelines, shall be cause for default and termination of the contract. 1.6 Preservation of Property: A. The successful bidder shall preserve from damage all property along the line of the Work, or which is in the vicinity of or is in any way affected by the Work, the removal or destruction of which is not called for by the plans. Wherever such property is damaged due to the activities of the successful bidder, it shall be immediately restored to its original condition by the successful P, bidder, at no cost to the County. Page 425 of 736 Page 16 B In case of failure on the part of the successful bidder to restore such property, or make good such damage or injury, the County may, after a 48-hour notice to the successful bidder, proceed to V repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the successful bidder under this Contract. 1.7 Clean Up: A. The successful bidder shall keep the project site free of rubbish and waste materials and restore to their original condition those portions of the site not designated for alteration by the Contract Documents. Clean up and restoration shall be accomplished on a continuing basis throughout the contract period and in such a manner as to maintain a minimum of nuisance and interference to the general public and residents in the vicinity of the Work. It is the intent of this specification that the project areas and those other areas not designated for alteration by the contract documents shall be restored to their original condition as nearly as possible immediately after completion of installation. 1.8 Protection of Property: A. The successful bidder shall be responsible for the protection of property, in the areas in the vicinity of the project; and for the protection of his own equipment, supplies, materials and work, against any damage resulting from the elements, such as flooding, by rainstorm, wind damage, or other elemental cause resulting from the project configuration. The successful bidder shall take all precautions against any such damage occurrence, and shall be responsible for damage resulting from same. The successful bidder shall provide adequate drainage facilities, tie-downs, or other protection, throughout the Contract period, for the protection of his, Palm Beach County, and other properties from such damage. END OF SECTION Page 426 of 736 Page 17 PROJECT MEETINGS PART 1 - GENERAL 1.1 Requirements Included A. Palm Beach County Water Utilities Department shall schedule and administer the pre-bid conference, post award meeting, periodic progress meetings, and specially called meetings throughout the progress of the Work. The Department Director or his designee shall: 1. Prepare agenda for all required meetings. 2. Distribute written or electronic notice of each meeting four (4) days in advance of the meeting date. 3. Designate location for meetings. 4. Conduct and lead meetings. 5. Record the meeting electronically or prepare written meeting minutes. 6. Reproduce and distribute a copy of the meeting minutes or the recording of the meeting. B. Representatives of the successful bidder, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. END OF SECTION Page 427 of 736 Page 18 MOBILIZATION AND DEMOBILIZATION PART 1 - General 1.1 General A. Provide all materials and equipment required to accomplish the Work as specified. B. Furnish pumping equipment of sufficient size and capacity to perform the casing cleaning to the bottom of the injection well casings to be tested. - PART 2 - Execution 2.1 General Set up well maintenance equipment within the area designated. Accomplish all required Work in accordance with applicable portions of the specifications. B, Some obstructions may not be shown. successful bidder is advised to carefully inspect the existing facilities before preparing proposals. The removal and replacement of minor obstructions such as electrical conduits, water, waste piping, and similar items shall be anticipated and accomplished, even though not shown on drawings, or specifically mentioned. C. Successful Bidder shall modify the existing wellhead assembly and all electrical instrumentation to facilitate testing as approved by Palm Beach County Water Utilities Department. The existing 24-inch tee shall remain in place during testing. D, A temporary blow off preventer, capable of shutting in the well, shall be onsite and shall be ready for service at all times while testing, as approved by Palm Beach County. 2.2 Contamination Precautions A. Avoid contamination of the project area. Do not dump waste oil, rubbish, or other similar materials on the ground. r 2.3 Cleanup of Work Project Areas A. Upon completion and acceptance of specified maintenance project work, remove from the site the drill and other miscellaneous items from or used n theimaint maintenance structures, 9equipment, , 9 encs operations. Replace or repair any facility which has been damaged during the maintenance project work. Restore the site as nearly as possible to its original condition. 4 Page 428 of 736 i Page 19 TRAFFIC CONTROL PART 1 - General N► 1 .1 Requirements A. The Work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the work period, including any temporary suspensions of the Work. B.r This shall include: 1 Any necessary detour facilities; 2. The provision of necessary facilities for access to residences, businesses, etc., along the project; 3. The furnishing, installation and maintenance of traffic control and safety devices during maintenance projects; 4. The control of dust; and, 5. Any other special requirements to provide the safe and expeditious movement of traffic throughout the project. 10 C. The term "Maintenance of Traffic" shall include all of such facilities, devices and s operations as are required for the safety and convenience of the public as well as for 10 minimizing public nuisance. D. Maintain local traffic and provide local access at all times. E_ A Maintenance of Traffic Plan must be submitted to the Palm Beach County Engineering Department Construction Coordination Division for review and approval by the Traffic Division. F. Existing language must be maintained throughout the duration of the project, unless shown on the plans or otherwise approved by the Department. 1 .2 Traffic Signing Nk A. All signing shall be fabricated with high intensity sheeting. W. B. All signs, thirty-six inches (36") by thirty-six inches (36") or eight square feet (8 sq. ft.) or Ik larger shall be mounted on two (2) posts unless used in conjunction with a temporary condition. C. The first two (2) advance warning signs shall have flashing amber Type "B" lighting and an eighteen inches (18") by eighteen inches (18") orange flag. D The length of warning sign (G20-1) shall be erected at the limits of any road maintenance job greater than two (2) miles in length where traffic is maintained throughout the job. r Page 429 of 736 Page 20 1 .3 Temporary Pavement Markings A. All temporary pavement markings shall be done in a professional manner without weaves or bows. Raised pavement markers shall be placed along the center lines and edge lines of the detour at twenty foot (20') centers in the transition area where the alignment shift is ten feet (10') or greater. All pavement markers shall be approved by Palm Beach County Traffic Engineering Division prior to installation. C Temporary pavement markings shall be applied to the intermediate asphalt course, and shall consist of foil-backed tape, paper tape or paint meeting both State and County specifications. D. Temporary pavement markings shall also be applied to the final asphalt course unless otherwise directed by the Palm Beach County Engineering Department Traffic Engineering Division. All final course pavement markings shall consist of foil-backed tape. Attached are typicals for said installations. All temporary tape skip-line pavement markings shall be at least four feet (4') in length with a maximum gap of thirty-six feet (36'). A two foot (2') stripe with a maximum gap of eighteen feet (18') may be used for roadways with severe curvature, or as directed by the UW Palm Beach County Engineering Department Traffic Engineering Division. F. All painted lines size and color shall conform with M.U.T.C.D. Part III. The thickness shall not be less than 15 mil, with 6 to 6-1/4 Ibs. of beads per gallon of paint. Both shall be applied uniformly. All painted lines shall be refurbished if at any time the reflectivity falls below 150 minicandales. 1.4 Barricades, Lights and Cones A. All barricades shall utilize high intensity sheeting. & When cones are used they shall be a minimum twenty-eight inches (28") high with a six inch (6") wide white band placed a minimum of three inches (3") but not more than four inches (4") from the top of the cone. An additional four inch (4") band should be placed a minimum of two inches (2") below the six inch (6") band. C. Barricades and lights shall be serviced daily. 1.5 Flag Men and Vests A. Fla men shall be trained in the Flag proper manner as set forth in the M.U.T.C.D. and certified as per Section 102-3.2.3 of the F.D.O.T. Standard Specifications for Road and Pk Bridge Construction. B. All personnel shall wear a high visibility orange vest when working within fifteen feet (15') of the edge of the traffic way. Page 430 of 736 Page 21 0' 1.6 Flashing Arrow Boards A. Flashing arrow boards shall be used on any three (3) lane or larger roadway where traffic is being channelized or diverted, or as directed by the Palm Beach County Engineering Department Traffic Engineering Division. B. Flashing arrow boards shall conform with Section 6E-9 of the M.U.T.C.D. C. Solar arrow boards may be requested by the County at any time. 1 .7 Traffic Signals A. A minimum of forty-eight (48) hour notice must be given to the Palm Beach County Engineering Department Traffic Division, prior to work requiring the realigning of traffic signals. B. Palm Beach County will re-align traffic signals at each location a maximum of two (2) times for each direction (N/S & ENV). Further re-alignment will be charged to ,the successful bidder. C. No material shall be disturbed within six feet (6) of a traffic pole or within the specified distance of a guy wire and anchor to a depth greater than two feet (2) as shown in Figure 1, unless approved by and coordinated with Palm Beach County Traffic Operations. D. Contact Palm Beach County Traffic Operations, twenty-four (24) hours in advance of any excavation. E. Failure to comply with the above shall result in the successful bidder incurring all costs incurred as a result of darnage to the traffic signal installation. These costs shall be paid forty-five (45) days from date of invoice or the following pay estimate will be withheld until payment is made, or the cost may be deducted from the pay estimate. 11.8 General A. The successful bidder shall keep sufficient cold patch asphalt on the job site to fill pot- holes and to perform other minor pavement maintenance as needed. B. All highway equipment shall have a "Slow Moving Vehicle" sign with either a flasher or a beacon operating when the equipment is operating. 1.9 Maintenance of Traffic (M.O.T) Plans A. M.O.T. plans are required whenever traffic is deviated from its present use (changeover)for a period longer than a daylight operation. B. M.O.T. plans shall be submitted to the Palm Beach County Traffic Division on paper not larger than 11" x 17", one copy. C. Plans shall have a north arrow, drawn by, date on which changeover is to occur, lane usage, type and location of all signs, lights, barricades, stripping, barriers, trapi�qRgQs?f 736 Page 22 all streets within the changeover area, contractor's name and twenty-four (24) hour phone number. D. The plan shall be approved no later than seven (7) days in advance and when a signal is involved no later than ten (10) days in advance of the desired changeover date. E, No changeover shall be allowed on Friday, day before a County holiday, nor during A.M. or P.M. peak. F, Changeovers are discouraged in signalized intersections, G, All M.O.T. plans shall be submitted through the Palm Beach County Engineering Department Construction Coordination Division. H. M.O.T. plans for total road closure shall be approved at least ten (10) days in advance. Palm Beach County Traffic Division will handle all news releases, notifying police, fire rescue, etc. L In no case may the successful bidder begin Work until the M.O.T. plan has been approved in writing by Palm Beach County Traffic Engineering. J. Field modifications may be made with a representative of Palm Beach County Traffic Division present. K. Failure to comply with the above may result in a partial and/or permanent reduction in payment to the successful bidder. END OF SECTION LK 1V Page 432 of 736 Page 23 WELL MAINTENANCE PART 1 - GENERAL 1.1 Requirements A. The successful bidder shall rehabilitate, test and disinfect the specified production wells and perform all appurtenant Work, complete and operable, all in accordance with therequirements of the Contract Documents. The Work shall be performed by a competent crew with equipment that is adequate to complete all phases of well maintenance. C. If the successful bidder's equipment is not capable of satisfactorily performing the Work provided for in these specifications, the successful bidder at its own expense shall substitute equipment. , The successful bidder shall obtain all necessary permits. F All Work shall comply with and be completed in conformance with SFWMD Water Use Management Rules, Chapter 40E-3, F.A.C. for water wells and these specifications. G. All Work shall comply with and be completed in conformance with Palm Beach County Public Health Unit (PBCPHU) regulations. 1.2 Sequence of Events A. The successful bidder is hereby advised that this listing is representative of the Work but that the sequence of testing and maintenance operations may be altered by the Department Director or his designee, depending on the conditions encountered in the wells. B. General Procedures; 1. The Work at each well shall consist of initial well testing, casing cleaning, and video survey. 2. The Department Director or his designee shall determine the repair and maintenance operations to be performed on each well within three (3) business days after the video survey 3. The successful bidder shall submit within five (5) business days a plan to perform the specified repair and maintenance procedures and the Department Director or his designee shall respond to the plan within three (3) business days. s 4. Following repair and maintenance, final well testing and disinfection procedures shall be carried out. Page 433 of 736 I Page 24 5. In general, the following listed procedures shall be performed prior to and after repair and maintenance of the well: a, Provide access to the wells by removing fencing on one or more sides as necessary for entry of successful bidder's equipment. b. Install discharge piping and orifice plate for specific capacity, pump efficiency and sand content test. These tests shall be performed on each well. C_ Perform a 1/2-hour single step specific capacity test and wire to water efficiency test using the well pump and valve. Measure flow, drawdown, discharge pressure, sand production and power consumption. ■ d. Remove production pump, column pipe, and pump motor from each well. Store the pump and column pipe on blocks to avoid contact with the earth and maintenance waste fluids. e. Scrape the well casing using a wire brush. Circulate casing scale, rust and other solids from the well and dispose of according to applicable regulations. f. Pump at least three (3) well volumes of potable water into each well and continue pumping until a clear video image can be obtained. g. Perform a down hole video survey of each well using a radical view camera which views the well both vertically and horizontally. h. Perform maintenance or repair operations as directed by the County i. Maintain the well. j. Re-install pump bowls, column pipe, motor and restore fencing. Set up discharge line and flow meters for specific capacity test. k. Conduct a 1/2-hour step drawdown test and wire-to-water pump efficiency test and measure flow, drawdown, power consumption, discharge pressure, W and sand production throughout the test. I. Disinfect well and re-connect to raw water main. m. Re-sod and restore the site to its original condition and appearance. r u r V Page 434 of 736 1.3 Repair and Maintenance Procedures Page 25 A. Acidization: 1. Acidize the well, if necessary, using 18 to 20 Baume hydrochloric acid. P 2. Following acidization, allow the well to sit for 24 hours, then pump the spent acid to waste and neutralize before disposal. 3. Re-develop the well. B. Chlorination 1, Chlorinate the well, if necessary, using one (1) well volume of 500 mg/I sodium hypochlorite solution. W 2. Following chlorination, allow the well to sit for 18 hours, then pump the spent chlorine solution from the well until the chlorine residual concentration in the discharge water is too low to measure. 3. Maintain the well. 1.4 Materials Delivery, Storage, and Protection A. All materials shall be delivered in an undamaged condition and stored to provide " protection against damage. B. All defective or damaged materials shall be replaced with new materials at the successful bidder's expense. 1.5 Successful Bidder's Equipment A. The successful bidder's equipment shall be clean, well maintained, and in good operating condition when delivered to the site and during the entire operation. 1. The equipment shall be of adequate size, strength, horsepower, and capacity for the project and of the type successfully utilized for the maintenance of similar size or larger size wells within the last two (2) years. 2. All equipment shall be provided with safety devices as required by governmental authorities having jurisdiction. B. The successful bidder shall use tanks of 2,000-gallon capacity or larger as waste tanks for the neutralization of spent acids, chlorination wastes, etc. These tanks shall be used as required during development activities. Page 435 of 736 PART 2 — WELL SURGING Page 26 .°I Well Surging Flow Capacity Testing A. The pumping equipment and pump setting shall be the same as used for well production. B. The successful bidder shall furnish an electrical depth gauge, M-scope, or equivalent capable of measuring depths to water to the nearest tenth of a foot, with sounding tube ® placed at the maximum depth to water anticipated. ® C. The pumping test conducted for the well shall be a 30-minute single rate specific capacity ® test. ® D. A minimum of twelve (12) hours are required for pump shut down and water level ® recovery between the well development and the pumping test. M E. The pump shall be operated at the production rate to be determined by the County. ' F. The successful bidder shall record the time, pumping level, sand production, and discharge as accepted by the Department Director or his designee. G. When the pumping portion of the test is completed, the pump, equipped with a gate valve ® or approved equal, shall be stopped and the water level in the well allowed to recover. w H. The successful bidder shall record the discharge rate each time the pumping water level is measured. I. The Successful bidder shall periodically record the temperature and sand content of the discharge water. J. If the test is aborted or interrupted for any reason, the test shall be stopped; the water level allowed to recover until it reaches the static water level, up to a maximum of four (4) hours; and the test restarted. K. Upon completion of the test, the successful bidder shall verify that no sediment has accumulated in the well. L. Any accumulated sediment shall be removed from the well prior to disinfection. 2.2 Disinfection A. The successful bidder shall provide for disinfection of the well immediately after the final specific capacity test has been completed. B, The successful bidder shall carry out adequate cleaning procedures immediately preceding disinfection where evidence indicates that normal well maintenance work have not adequately cleaned the well. C. All oil, soil, and other materials which could harbor and protect bacteria from disinfectants, shall be removed from the well Page 436 of 736 Page 27 D. Disinfection shall be performed in accordance with the requirements of ANSI/AWWA C654, except as modified herein. The method of chlorination to be used shall consist of: 1. Treating the water in the well casing to provide a chlorine residual of 01 approximately 500 mg/I; IV 2. Circulating the chlorinated water within the well casing and pump column; and, 3. Pumping the well to waste to remove chlorinated water. The quantity of chlorine compounds required to produce a chlorine residual of 500 mg/I may be calculated by multiplying the appropriate quantity shown in NASI/AWWA C654, Appendix A, Table A.1, by the appropriate factor. G A reducing agent, such as sodium bisulfite, shall be applied to the chlorinated discharge water to thoroughly neutralize the chlorine residual remaining in the water prior to disposal. H. The successful bidder shall make provisions for disposal of chlorinated water in accordance with applicable environmental regulations. so 2.3 Disposal of Test Water The successful bidder shall provide all pipeline and facilities for discharging pumped water from the well site. A. The successful bidder shall design the system so that no erosion or flooding results from the discharge. B. The successful bidder shall conform to all waste discharge requirements of State and local agencies, if necessary to discharge waters into the storm water management P, system. 2.4 Site Restoration A. The successful bidder shall restore all fencing to its original condition or better. c B. The site shall be restored to its original condition or better. c c C. Damaged sod shall be replaced by sod of the same variety and bushes replaced by bushes c of the same variety and size. r e r END OF SECTION ® Page 437 of 736 Page 28 PUMPING TESTS PART 1 - GENERAL 1 .1 WORK INCLUDED A. This section covers the labor, equipment, and materials required to perform pumping tests on the wells. B. A five step variable rate pumping test shall be performed on each well. All equipment necessary to conduct these tests will be supplied, operated, manned, and maintained by the successful bidder. C. The successful bidder shall be responsible for failure of equipment and materials associated with the pumping tests, and for negligence on the part of the successful bidder. In the event of such failure or negligence which results in re-running the pumping 40 test, the successful bidder will repeat the test at its own expense. 10 D Under no circumstances shall the test pumping create a vacuum within the well casing. IP 1 .2 SUBMITTALS A. Provide certificates of calibration for flowmeters to be used for flow measurement. tw PART 2 - PRODUCTS tb 2.1 TEST PUMP A. Furnish the necessary instruments and pumping equipment capable of pumping at a steady rate ranging from 500 gpm to 3,000 gpm with a throttling device and valve so that the flow rate can be adjusted. ® B. Furnish a valve, orifice plate, and manometer to control and measure discharge. • C. Provide a pump discharge access port that will deliver 30 psi or provide a 30 psi booster pump for conducting silt density index tests. h h D. Provide and install a 1-1/4" I.D. drop tube between the pump column and casing, from the water level access fitting at the wellhead to five feet above the pump intake. The drop tube will enable the measurement of water levels without interference of the pump or ►; pump column. E. Provide a manometer tube for measurement of static water levels and pumping water levels above land surface. The successful bidder shall provide a method of erecting the ' tube and access for water level measurement. Page 438 of 736 Page 29 2.2 FLOW METER A. Provide a calibrated flow meter with direct measurement and totalizer. Metered flows will range from 500 to 3,000 gpm. B. Certification shall attest to an accuracy of 95% or greater for the range of the flow meter. Certification will be no older than 60 days. 2.3 DISCHARGE PIPING Provide all pipe, fittings, and valves required to transmit discharge water from the pump to a discharge location approved by the Engineer. 3.1 PUMPING TESTS A. Pumping tests will consist of five steps to be run at rates of 600, 1200, 1800, 2400 and 3000 gpm, or at other rates determined by the County. Step duration will continue until drawdown in the production well stabilizes or a maximum of approximately two hours per step. B. The successful bidder shall determine the appropriate engine and valve settings for the desired pumping rate in order to achieve a constant rate as soon as possible after the start of the test. C The static water level shall be measured by the successful bidder prior to the start of pumping each day. D. At the option of the County, a longer steady rate pumping test will be conducted by the same method as described above. Payment for pump tests will be at the hourly pumping test rate regardless of duration. E. Geophysical recording must occur during all pumping tests, including Borehole Geophysical Logging and Video Log. 3.2 DISCHARGE WATER DISPOSAL A. The successful bidder shall set up and maintain discharge piping. B. Discharge water shall be transmitted directly to the temporary holding pond or holding tank. C. The successful bidder shall be prepared to use its temporary holding tanks if additional formation water detention is required by the County. D. The successful bidder shall provide a booster pump if required. Y END OF SECTION Page 439 of 736 Page 30 PRODUCTION WELL ACIDIZATION ® PART 1 - GENERAL ® 1 .1 WORK INCLUDED ® A Following the completion of casing installation and grouting, acidization of the production r zone may be required. ® B. Furnish all labor, equipment, and materials required for acidization. Acidization will be ® done with the artesian head at static condition or lowered using the salt water concentrate. 1 .2 SUBMITTALS r ® A. Provide all chemical manufacturer information and Safety Data Sheets (SDS). r B. Provide acid transportation manifests and load weight tickets. r PART 2 - PRODUCTS r ® 2.1 ACID A. Furnish 1,000 gallons of 20 baume strength acid which is at a minimum 30% hydrochloric acid (food service grade). r 2.2 SODIUM BICARBONATE A. Furnish sufficient sodium bicarbonate to manually distribute around the wellhead, acid hoses, valves, and truck to neutralize any acid spillage. s B. After acidization, prepare a sodium bicarbonate solution to raise the pH of the well development water to an acceptable level for disposal. PART 3 - EXECUTION 3.1 PROCEDURE SEQUENCE A. Install approximately 1,075 feet of drop tubing. The drop tubing will be attached to the 9 wellhead assembly as depicted in the Contract Drawings. B. The acidization wellhead assembly will have access for drop tubing, a two-inch water injection line, a gas relief line, and a pressure gage fitting. All access ports will be valved. C. The wellhead will provide a tight seal up to 100 psi. Provide and install a pressure gage on the wellhead to monitor pressure. D. Pump acid through the drop tubing at a minimum rate of 100 gpm. The pumping method will not introduce ambient air into the well. Page 440 of 736 Page 31 E. At all times the wellhead pressure will be monitored and shall not exceed 60 psi. All equipment and materials must be approved by the County. F. Provide adequate water supply to pump up to 1,000 gallons of chase water, plus the drop tubing capacity. The chase water will be pumped into the well through the drop tubing at a rate of 100 gpm or as designated by the County. Chase water will be potable water with not less than 1 mg/I available chlorine. G. Allow the well to remain undisturbed for two (2) days. During the first day, casing pressures will be monitored continuously. H. If required, excess gas pressure will be bled off as needed. A gas relief pipe will be extended a minimum of 50 feet away from the work area, downwind from any potential immediate receptor. I. Using the drop tubing, collect a water sample for analysis after two (2) days. If required by the County, the successful bidder will pump 2,000 gallons of additional chase water into the well using the same method as paragraph C. J. Discharge the well to the formation water disposal system until water is clear with a pH of 6.0 or higher. Water with a pH below 6.0 will be contained in the holding pond and treated using a sodium bicarbonate solution to neutralize residual acid or be removed from the site. Treated water shall only be discharged from the formation water holding system after approval by the County. END OF SECTION Page 441 of 736 Page 32 WELL FACILITY DISINFECTION PART 1 - GENERAL 1 .1 WORK INCLUDED A. Provide all labor, equipment, and materials to disinfect the well, surface facilities, wellhead, and piping, complete and in accordance with the requirements of AWWA C- 601. , Provide all labor, equipment, and materials to perform analytical tests on the completed well. The successful bidder will subcontract an analytical laboratory to perform sampling and analytical services. The laboratory shall be certified by the State of Florida Department of Environmental Protection. ft 1 .2 SUBMITTALS A. State certifications for the analytical laboratory, - B. Provide sampling reports, completed chain of custody forms, and analytical results for all consecutive sampling events. PART 2 - PRODUCTS 2.1 MATERIALS A. Free chlorine liquid or gas. B, Sodium hypochlorite. PART 3 - EXECUTION 3.1 WELL FACILITY DISINFECTION A. Provide notice to the Department Director or his designee 48 hours in advance of treatment. Provide injection and measurement methods for approval. B. Post warning notices and secure the well from unauthorized access or use. C. All water used for treatment shall be potable water from an approved source. D. Mix a sufficient concentration of chlorinated water solution to maintain a 200 ppm chlorine residual throughout the well, pump, and piping facilities. 4 E. Allow disinfectant to remain in the sealed system for 24 hours. k k w Page 442 of 736 Page 33 3-2 BACTERIOLOGICAL ANALYSIS A. Purge detectable chlorine solution from the well, B. Collect water samples at an approved location 48 hours after disinfection procedure. Sample collection and handling procedures shall be in accordance with state approved laboratory quality assurance plan by an experienced sampling technician. C. Twenty (20) consecutive samples shall be collected, with no more than two (2) samples per day. D Water samples shall be analyzed by an approved independent certified laboratory in accordance with state and local regulations, and in accordance with A published methods. E, The successful bidder shall continue to treat and conduct sample collection and analysis until an acceptable result is obtained. Any system disinfection, sample collection, or analysis required after an unsuccessful first attempt shall be conducted at the successful bidder's sole expense. END OF SECTION IR t 1pj It, Page 443 of 736 P Page 34 SODDING 0 t PART I - GENERAL 1 .01 REQUIREMENTS A Work included: prepare finish grades for sod, deliver and install sod, maintain sod. B Related Work 1. Soil Preparation 2. Trees, Palms, Shrubs, and Ground Cover 1 .02 QUALITY ASSURANCE A. Standards: Federal Specification (FS) 0-F-241 q(1), Fertilizer mixed, Commercial. B. Testing Agency: Independent Testing Laboratory. C. Requirements of State and Local Regulatory Agencies: Materials shall conform to the requirements established by the State Department of Agriculture. w 1 .03 SUBMITTALS A. Certificates: 1. Growers Certification.- a. ertification:a. Grass species, location of field from which sod is cut, and date of cutting. b. Compliance with State and Federal quarantine restrictions.. W 2. Manufacturer's certification of fertilizer and herbicide composition and application rates. 1 .04 PRODUCT DELIVERY, STORAGE, AND HANDLING 0 A. Deliver sod on pallets. B. Protect roots from exposure to wind or sun. C. Protect sod against dehydration, contamination and heating during transportation and delivery D. Do not deliver more sod than can be installed within 24 hours. E. Keep stored sod moist and under shade or covered with moistened burlap. F. Do not stack sod more than 2' deep. G Do not tear, stretch, or drop sod. Page 444 of 736 Page 35 1 .05 JOB CONDITIONS A. Begin installation of sod only after proceeding related Work is accepted by the Department Director or his designee. B. Environmental Requirements: 1. Install sod during months acceptable to common industry practice. 2. Do not install sod until irrigation system can provide immediate watering of sodded areas. C. Protection: Erect signs and barriers against excessive pedestrian or vehicular traffic 1 ,06 GUARANTEE A. Guarantee sod for period of ninety (90) days after date of final acceptance by Palm Beach Count Water Utilities Department. B. Replacement sod under this guarantee shall be guaranteed for ninety (90) days after date of final acceptance by Palm Beach Count Water Utilities Department. C. Repair damage to other plants during sod replacement at no cost to Palm Beach Count Water Utilities Department. PART 2 - PRODUCTS 2.01 SOD A. Grass Species.- 1. pecies:1. Stenotaphrum secundatum "St. Augustine — 'Floratam"'. 2. Paspalum notatum "Bahia Grass" 3. Cynodon dactylon "Bermuda 419" B. American Sod Producers Association (ASPA) Grade: Nursery Grown or Approved equal. C. Furnished in pads of the following dimensions: F p 1. Size: a. Length: 24" b. Width: 16" c. Thickness: 1-1/2" excluding top growth and thatch. 2. Grown in native, completely organic "muck" soil, with minimum 1-1/2" soipnntga�ct4� ��736 roots; not stretched, broken, or torn. r D. Uniformly mowed height when harvested: Page 36 1. St. Augustine: 2-1/2" 2. 419 Bermuda — 1/1/2" E, Thatch: Maximum '/z" uncompressed. Inspected and found free of diseases, nematodes, pests and pest larvae, by entomologist of State Department of Agriculture. G. Weeds: Free of torpedo grass, Bermuda grass, nut grass or any other species of plant other than that specified. H. Dense, well developed root systems; stems uniform in color, leaf texture and density. 2.02 WATER A. Free of substance harmful to plant growth; free from chemicals or minerals that stain or discolor. 2.03 FERTILIZER A. Provide commercial grade fertilizer uniform in composition, dry and in a free-flowing condition for application by suitable equipment, delivered in unopened bags or containers, each fully labeled and complying with Florida state fertilizer laws. LESCO INC. 12-2-14 Turf Fertilizer, 50% polymer coated, slow-release nitrogen to include minor elements (or approved equal). r 2.04 HERBICIDES tb ab A. ROUNDUP as manufactured by Monsanto Company and approved by the State Department of Agriculture and Consumer Services and/or the Department Director or his designee. PART 3 - EXECUTION 3.01 INSPECTION A. Verify topsoil placement and fine grading operations are complete. Verify all other preceding Work required is complete and accepted by the Department Director or his designee. 3.02 PREPARATION A. Verify finish grades are to specified elevations. B. Wet soil surface uniformly to a depth of 2"- 3" or until upper surface is reasonable wet and compacted, before installing sod. Page 446 of 736 C. Roll soil with 100 Ib. Roller- make two (2) passes as necessary Page 37 0 3.03 INSTALLATION A. Locate all trees and palms (existing or newly planted) in areas to be sodded and paint a 10 36-inch diameter circle on the soil around the trunk of each species. Located all shrub 0 and groundcover planting beds and paint a line along the outside limits of mulch (see planting details for additional information). Do not install sod within any painted areas. B. Install sod species as indicated on planting plans and these specifications within 48- hours of harvesting from field. C, Begin sodding berms at bottom of slopes and install parallel to contours. D. Lay first row of sod in straight line with long dimension of pads parallel to slope contours, continue laying sod accordingly. E. Butt side and end joints flush and tight. Do not allow ends to curl or break. F. Stagger end joints in adjacent rows. Do not stretch or overlap sod. G. Peg sod on slopes with a ratio of 3:1 or greater using a minimum or two stakes per square yard using 6" minimum nursery grade bamboo stakes. H. Sod installed adjacent to planting beds should be a minimum distance of 18" from the first row of shrubs. L Cut a 36-inch diameter clean, round, saucer around each tree or palm planted in sodded areas to provide for mulch. Install a clean edge around all planting beds to provide smooth, flowing lines. Corners and angles shall be rounded. Do not injure root ball or cut sprinkler or utility lines. Rake and remove sod pieces and trimmings immediately after operations are complete. J. Water sod immediately after installing. K, Roll sod, except on pegged areas, with roller weighting not more than 100-pounds per foot of roller wither; make two passes. L. Water sod and soil to depth of 4 inches within four hours after rolling. 3.04 LAWN ESTABLISHMENT r A. Watering: 1. Keep soil uniformly moist for the first two weeks after planting. 2. After two weeks, supplement rainfall to produce total of approximately 1-1/2" of water per week or until sod has fully acclimated. 3. Monitor all newly sodded areas to insure that the irrigation system or manual watering operations are providing sufficient water to sod until acceptance by the 1 Palm Beach County Water Utilities Department. Page 447 of 736 B. Mowing: Page 38. 1. Sod shall not be mowed for a period of three (3) weeks after installation. 2. The initial mowing should remove approximately 2-inches of leaf nut no more than 40% of leaf shall be removed in any single mowing. 3. The successful bidder shall maintain all newly sodded areas until final acceptance by the Palm Beach Count Water Utilities Department. Sod shall be mowed based on the following: a. St. Augustine: every 7 days, mow to 3-inches. C. Re-sod areas larger than 1-square foot not having uniform stand of grass. D. Weed Eradication: successful bidder shall be responsible to insure that all newly sodded areas are maintained in a seed-free condition until acceptance by the Palm Beach County ® Water Utilities Department. Apply herbicides only upon approval by the Palm Beach County Water Utilities Department. ® . The successful bidder's maintenance period shall begin immediately after sod is installed and extend until acceptance by the Palm Beach County Water Utilities Department. ® 3.05 FERTILIZING ® A. Apply specified fertilizer three (3) weeks after sod installation. Broadcast at rate of 1 pounds of nitrogen per 1,000 square feet of sod. Water to saturate all fertilized areas ® immediately after installation. 3.06 CLEANING A. Immediately clean spills from paved and finished surface areas. B. Remove debris and excess materials from project site. C. Dispose of protective barricades and warning signs at termination of sod establishment. 3.07 FINAL INSPECTION AND ACCEPTANCE A. Request final inspection for acceptance when all specified Work is completed. B. Replace rejected sod areas as directed by the Palm Beach County Water Utilities Department. END OF SECTION i Page 448 of 736 0 Page 40 0 welds shall have all slag removed before applying shop coating. C. Molded, bent or shaped members shall be formed with clean, sharp rises, without dents, scratches, cracks or other defects. D. All anchors, bolts, shims and accessory items shall be provided as required for building into or fastening to adjacent work. E. All ferrous metals shall be galvanized, except as otherwise specified. P V F. Unless otherwise specified, the miscellaneous metal work shall be equal to or exceed the ® requirements of the following standards: ® Carbon and Low Alloy Steel ASTM Designation V Plates and Structural Fabrication A 36, A 529, or A283 Grade C P Sheet Steel A 570, Grade C ® Bars and Rods A 36 or A306, Grade 60 Pipe - general use A 53 or A 120 Sch. 40 process pipe ® A 524 Grade I r ® Fasteners: ® Standard Strength Bolts A 307, Grade A High Strength Bolts A 325 ® Eyebolts A 489 r ® Steel Coatings: Zinc - Electrodeposited A 164 ® Hot Dipped A 123 and A 386 ® Cadmium A 165 Stainless Steel ASTM Designation Plate and Sheets A 167, Type 316 Bars and Shapes A 276, Type 316 r Fasteners A 167 and A 267, Type 316 ® Anchor Bolts A 302 Minimum Yield Strength 30,000 psi. ® Cast Iron ASTM Designation 16 Gray A 48, Class 30131 4 Malleable A47 Ductile A 536, Grade 60-40-18 Wrought Iron ASTM Designation Plates A 42 Sheets A 162 Shapes and Bars A 207 ' Pipe A 72 Bronze ASTM Designation Rods, Bars and Shapes B 138, Alloy B Soft Fasteners: Yellow Brass Cap Screws and Other Small Fasteners B 16, B 36, or B 134 Silicon Bronze Bolts B 97, B98, B 99, B124 Page 450 of 736 Aluminum ASTM Designation Page 41 Structural Shapes B 308, Alloy 6061-T6 Castings B 26, B 85 and B 108 Extruded Bars, Rods and Tubes B 221 Bars-Alloy 6061, Other- Alloy 6063 Plates and Sheet B 209 Plate-Alloy 6061, Sheets - Alloy 3003 1 Welding Electrodes E-70 Series. G. Grout: Shrinkage-resistant, pre-mixed, factory ry packaged. Provide one of the following: 1. Master Builders: Embecco, 2. Sonneborn: Ferrolith. 3. Toch Brothers: Irontox. 4. W.R. Grace: Vibra-Foil. 5. Sika Chemical: Kemox C. H. Unless otherwise shown, stainless steel metalwork shall be of Type 18-8 stainless steel and shall not be galvanized. l� 1. Shop-Paint with a rust inhibitive primer in accordance with Painting Specifications provided herein. Finish Paint in accordance with Painting Specifications provided herein. J. Materials with more than one specification or grade listed shall conform to the specification or grade providing the highest strength and appropriate mechanical properties for the fabrication technique used. 2.2 PROTECTIVE COATING l� A. All ferrous metal, except stainless steel and galvanized surfaces, shall be properly cleaned and given one shop coat of primer compatible with the coating system specified in the Painting Specifications provided herein. B. Metal work, including anchors, to be encased in concrete shall be shop primed unless specified to be stainless steel or galvanized. Castings that are to be left unpainted shall be cleaned and coated with coal-tar-pitch varnish. C. Hot dip galvanizing or zinc coatings applied on products fabricated from rolled, pressed or forged steel shapes, plated bars and strips shall comply with ASTM A 123. Hot-dip galvanizing or zinc coatings on assembled steel shall comply with ASTM A 386. The weight of zinc coatings shall be designated in Table 1 for the class and thickness of material to be coated. D. Galvanized surfaces for which a shop coat of paint is specified shall be chemically treated to provide a bond for the paint. Except for bolts and nuts, galvanizing shall be done after fabrication. E. Aluminum to be placed adjacent to masonry or dissimilar metals shall be protected with an isolating coating of bitumastic and/or felt. ® Page 451 of 736 .3 PIPE FAN GUARD Page 42 A. Shall be fabricated of steel plate and rods as detailed on the Contract Drawings. Guards shall be hot-dipped galvanized after fabrication. Bolts for fastenings shall be stainless steel. I!<► P 2A STRUCTURAL AND MISCELLANEOUS ALUMINUM P A. All structural and miscellaneous aluminum shapes, bars and plates shall be alloy 6061- 10 T6. All fasteners for aluminum shall be ASTM A 276, type 304 stainless steel. ® B. Aluminum to be placed adjacent to concrete, masonry or dissimilar metals shall be protected with one coat of bitumastic paint. 10 ® 2.5 FASTENERS r ® A. Bolts, screws, nuts, washers, anchors and other fasteners shall be first quality and shall conform to the material specifications named herein. All necessary bolts, anchor bolts, ® nuts, washers, plates and bolt sleeves shall be furnished by the successful bidder in ® accordance herewith. B. Anchor bolts shall have suitable washers and, where so required, their nuts shall be ® hexagonal. Stainless steel and silicon bronze bolts shall have a raised letter or symbol on ® the bolts indicating the manufacturer. ® C. Concrete and masonry inserts shall be drill-in type. Powder or gun-driven, fiber, and plastic inserts shall not be used unless specifically noted. Concrete inserts shall be ® designed to support safely the maximum load that can be imposed by the bolts used in ® the inserts. D. All bolts, anchor bolts, nuts, washers, plates and bolt sleeves shall be type 316 stainless ® steel unless otherwise indicated or specified. If any bolts, anchor bolts, nuts and washers w are specified to be galvanized, they shall be zinc coated, after being threaded, by the hot dip process in conformity with ASTM A 123 or A 153. E. All dissimilar metals shall be connected with appropriate fasteners and shall be insulated with a dielectric or approved equal. Unless otherwise specified, aluminum shall be fastened with Type 316 stainless steel bolts and insulated with micarta, nylon, rubber, or approved equal. " F. Anchor bolts shall be set accurately and be carefully held in suitable templates of approved design. Drill-in type anchors shall not be substituted for anchor bolts. G. Where indicated on the Contract Drawings, specified, or required, anchor bolts shall be provided with square plates at least four inches by 1/8 inch or shall have square heads and washers and be set in the concrete forms with suitable pipe sleeves, or both. Page 452 of 736 P IF Page 43 p PART 3 - EXECUTION Ir 3.1 FABRICATION IF P A. All workmanship shall be first class and conform to recognized and accepted best I practice. All structural materials shall be thoroughly straightened in the shop by methods IF that will not injure them before templates are placed on same for laying out and before any Work is done upon them. Finished members shall be absolutely straight and free from open joints and distortions of any kind. All shearings shall be neatly finished. B. Flame cutting may be used in the preparation of the various members provided this operation is performed by a machine specifically used for such purposes. C. All necessary fillets, connections, brackets, posts and other details not shown on the Contract Drawings, but necessary for the Work, shall be furnished by the Successful Bidder. D. Fabrication shall be by welding except where riveted construction is specifically allowed by the Specifications or by the County. 3.2 ALUMINUM A. Aluminum fabrication shall meet the applicable requirements of the Aluminum Construction Manual, Specifications for Aluminum Structures. 3.3 WELDING A. All welding shall be by the metal-arc method or the gas-shielded arc method as described in the American Welding Society's "Welding Handbook" as supplemented by other pertinent standards of the AWS. Qualifications of welders shall be in accordance with the AWS Standards governing same. B. In assembly and during welding, the component parts shall be adequately clamped, supported and restrained to minimize distortion and for control of dimensions. Weld reinforcement shall be as specified by the AWS Code. C. Upon completion of welding, all weld splatter, flux, slag and burrs shall be removed. Welds shall be repaired to produce a workmanlike appearance, with uniform weld contours and dimensions. All sharp corners of material which is to be painted or coated shall be ground to a minimum of 1/32-inch on the flat. D. The welding of all joints shall produce complete fusion with the parent metal and be free from deleterious metals and cracks. Machine welding shall be used insofar as practicable. Tack welding is not permitted on exposed surfaces. 0 0 E. Finish welded joints shall be reasonably smooth and free from grooves, depressions or ® other irregularities. Any irregularities shall be corrected by welding or grinding. All flush welds of butt joints shall be ground smooth where exposed to view. ® Page 453 of 736 i Page 44 F. Bronze shall be welded by either the inert gas shielded arc method or by brazing with the proper flux and filler metal. 1 3.4 GALVANIZING A. All structural steel plates, shapes, bars and fabricated assemblies required to be galvanized shall, after the steel has been thoroughly cleaned of rust and scale, be galvanized in accordance with the requirements of ASTM A123, "Specification for Zinc (Hot-Dipped Galvanized) Coatings on Iron and Steel Products". B, Any galvanized part that becomes warped during the galvanizing operation shall be straightened. Field repairs to galvanizing shall be made using "Galvinox" or "Galvo- Weld". l C. Bolts, anchors, nuts and similar fasteners, after being properly cleaned, shall be galvanized in accordance with the requirements of ASTM A153 "Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware." 3.5 INSTALLATION A. Erect all items plumb, properly spaced, true to line and dimension. Work not conforming to these requirements shall be removed and replaced to conform to the specifications and Contract Drawings. B. Installation and erection shall conform to the best practice with each item set plumb, level, true to line and securely anchored in its proper place. END OF SECTION r e Page 454 of 736 0 Page 45 MEASURMENT AND PAYMENT BID ITEM 1 -TRAFFIC CONTROL Traffic control shall be at the unit price per day. Payment shall be made after submittal of the invoices for barricades, signs, flashing arrow board, traffic cones. Approved traffic plan shall be submitted with payment requests. BID ITEM 2 - BIOLOGICAL ACTIVITY REACTION TEST (BART'S) BART'S shall be based upon the completion of the Work as a unit price including all equipment, power, materials, labor, fuel tools and incidentals necessary to complete the Work. BID ITEM 3 - SPECIFIC CAPACITY TEST BEFORE OR AFTER MAINTENANCE Specific capacity test with County's pump shall be based upon the completion of the Work 10 as a unit price per each including level transducers or well sounder, certified pressure gauge and incidentals necessary to complete the Work and submittal of test report. BID ITEM 4 - WIRE TO WATER PUMP EFFICIENCY TEST Wire to water test shall be based upon the completion of the Work as unit price per each item including level transducers, voltage of each leg with calculation of overall system efficiency with incidentals necessary to complete the Work and transmittal of test report. BID ITEM 5 -STEP DRAWDOWN TEST 8-hour step drawdown test shall be based upon the completion of the Work as a unit price per each Item including level transducers or well sounder, strap on flow meter, contractor's well pump and generator with incidentals necessary to complete the Work and submittal of test report. BID ITEM 6 - SILT DENSITY TESTING (PASSING ONLY, SDI (LESS THAN 3) 4 Silt density index(SDI) tests shall be based upon the completion of the Work as a unit price per each item including field SDI test assembly with Filter Holder, Pressure Gauge, 4 Pressure Regulator, Ball Valve, Graduated Cylinder, Thermometer, Tubing, Filter Tweezers and SDI filters. SDI testing will strictly follow the manufacturer's test procedures. 4 Personnel performing SDI testing shall be required to demonstrate through knowledge of the testing procedure and protocol and be approved by County. Payment will be made at the unit price listed in the Bid Schedule only for passing SDI's less than 3. The County may independently test well and if SDI test result is greater than 3 then the successful bidder or sub-contractor's test shall be considered as a failing test and shall be repeated without compensation. BID ITEM 7 - REMOVE FENCING AND REINSTALL FENCING TO ORIGINAL CONDITION Removal and reinstallation of fencing at each well site shall be based on completion of the Work at a unit price per each item, including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. Page 455 of 736 1 Page 46 1 BID ITEM 8 - REMOVE SURFICIAL WELLHEAD, COLUMN PIPE AND WELL PUMP WITH MOTOR 1 AND ACCESSORIES 1 Removal of surficial wellhead, column pipe and well pump with motor shall be based on 1 completion of the Work as a unit price per each item for mobilization, performing all Work, 1 cleanup and demobilization with crane, megger test readings before and after pump with 1 motor removal, lock out and tag out of the well electric, disconnecting the electrical, the 1 removal of the surficial wellhead, column pipe and the well pump with motor, stilling well and transducer, transporting items from the well to the Water Treatment Plant, securing 1 the wellhead with temporary cover, including all equipment, power, materials, labor, fuel, 1 tools and incidentals necessary to complete the Work. 1 BID ITEM 9 - REINSTALL SURFICAL WELLHEAD, COLUMN PIPE AND WELL PUMP WITH MOTOR 1 AND ACCESSORIES 1 1 Reinstallation of surficial wellhead, column pipe and well pipe with motor will be based on 1 completion of the Work as a unit price per each item for mobilization, performing all Work, cleanup and demobilization with crane, transportation items from the Water Treatment Plant to the well site, removing temporary well cover, reinstalling the surficial well head, 1 column pipe and well pump with motor including level transducers and stilling wells, furnish 1 and install new column gaskets and restraint splines for PVC Certa-Lok column pipe, furnish and install electrical splices, megger test readings before and after installing pump 1 with motor, conduit and electrical connections and sealing conduits to prevent water from 1 entering electrical panel, coordination of lock out and tag out, including all equipment, 1 power, materials, labor, fuel, tools and incidentals to complete the Work. 1 BID ITEM 10 -COMBINED STATIC AND DYNAMIC DOWN HOLE 360 DEGREES VIDEO SURVEY 1 WITH TRIPLICATE DVD's INCLUDING PUMP 1 1 Well video surveys including setup shall be based upon the unit price per each item for submittal of three duplicate DVD's as a single unit in accordance with the Bid Schedule and shall include all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. Payment for the video survey shall constitute full a compensation for video survey services, mobilization of the video logging unit, pumping of potable water with submersible pump (minimum 100 gpm) to provide a clear color video image, rigging up the necessary sheaves and blocks over the borehole, and power supplies, labor, equipment and materials necessary to obtain a clear static video log of the entire of the entire length of the well and a dynamic video of the well screens and potential casing holes during pumping. Transmittal with video shall provide annotation of findings and recommendations for maintenance. BID ITEM 11 - PUMP MOTOR RETRIVAL g Pump motor retrieval shall be based on completion of the Work as a price item unit. The unit price listed in the Bid Schedule shall be full compensation for mobilization, performing all Work, cleanup and demobilization with crane, video camera, fishing and removal pump motor, transporting motor from the well to the Water Treatment Plant, securing the wellhead and temporary cover, including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. Page 456 of 736 BID ITEM 12 - CHEMICAL TREATMENT OF WELL WITH LIQUID ACID DESCALER Page 47 Chemical treatment of well with liquid acid descaler, and pH adjusted chlorine solution shall be full compensation to treat the bacteriological mass in the surrounding formation including mobilization, chemical injection, pumping out waste approximately 36 hours later, neutralize the waste, performing all Work, cleanup and demobilization, all equipment, power, materials, labor, fuel, tools, and incidentals necessary to complete the Work. BID ITEM 13 - CHEMICAL TREATMENT WITH 2500 GALLONS OF 1,000 PPM CHLORINE SOLUTION AND NEUTRALIZE WASTE Treatment of well with chlorine solution shall be full compensation to treat the bacteriological mass in the surrounding formation as a unit price per each item including mobilization, chemical injection, pumping out waste approximately 36 hours later, neutralize the waste performing all Work, cleanup and demobilization, all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. BID ITEM 14 -ACIDIZE WELL WITH 1,000 GALLONS OF 15% HCI (PUMP REMOVED) Acidizing well with 15% Hydrochloric acid shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price item including all chemicals, chemical inhibitors, chemical injection, water chase to push acid into formation, pumping out waste approximately 36 hours later, neutralize and legally dispose of waste, pressure gauges, gas relief and venting equipment, Tyvek disposable suits, gloves, face shields, materials, labor, fuel, tools and incidentals necessary to complete the Work safely. BID ITEM 15 -CARBON DIOXIDE (CO2) INJECTION (3 -4 TONS) INCLUDING PACKER AND GRAVEL TUBE INSTALLATION WITH GROUT SEAL CO2 injection well treatment shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per each item including all equipment, w power, materials, labor, fuel, tools and incidentals necessary to complete the Work and all modifications to accommodate CO2 injection including but not limited to installing a packer, gravel tube and grout seal, CO2 gas, pressure gauges, gas venting and safety equipment and all licensing fees. CO2 injection shall be performed by trained and licensed operators. The price of CO2 injection shall also include the cost of circulation of the debris from the well and disposal of the solids in accordance with applicable regulations. BID ITEM 16 -CLEAN CASING AND SCREEN WITH CASING SCRAPPER AND BRUSH Cleaning of casing and screen generally follows after a video assessment showing accumulation of calcium or mineral deposits or slime on the casing and/or screen. Payment for removal of surficial wellhead, column pipe, pump and motor and videotaping are paid under separate bid items. Typically a final video is also performed to verify the casing and screen has been cleaned is paid under bid item 10. Cleaning of the casing in each well with brush or casing scraper shall be full compensation including mobilization, performing all Work, cleanup and demobilization including the assembly of the cleaning apparatus at each well with crane and all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. The price of cleaning the casin shal' 736 also include the cost of circulation of the casing scale and debris from the well Pr� i 031 of the solids in accordance with applicable regulations and shall not be measured Page 48 separately if less than one cubic yard. Disposal of containerize solids in excess of one cubic yard shall be paid under bid item 33. BID ITEM 17 -BRUSHING, SWABBING AND JETTING TO REDEVELOP WELL Brushing, swabbing and jetting to develop well generally follows after an assessment and recommendation to redevelop an existing well or to develop a well that has not been rescreened. Project Work includes removal of surficial wellhead, column pipe, pump and motor, videotaping, circulation of the debris from the well and disposal of debris if less than one cubic yard. Disposal of containerize solids in excess of one cubic yard. BID ITEM 18 -RIG WITH CREW Rig with crew shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per hour item including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. BID ITEM 19 -TWO MAN CREW WITH CRANE FOR PIPE MODIFICATIONS AND SMALL PROJECTS NOT INCLUDED IN OTHER BID ITEM Measurement and payment for two-man crew with crane for pipe modification and small projects shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per hour item including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. BID ITEM 20 -EACH ADDITIONAL CREW MEMBER Each additional crew member shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per hour item including all equipment, power, materials, labor fuel, tools and incidentals necessary to complete the Work. BID ITEM 21- MUD WELL REMOVE EXISTING CASING WITH SCREEN, RISER AND GRAVEL 10 PACK Mud well, remove existing casing with screen, riser and gravel pack shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per each item with all equipment including drill rig with crew, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. The price of mud well, remove casing with screen, riser and gravel pack shall also include the cost of circulation of the debris from the well and disposal of the solids in accordance with applicable regulations. This bid item does not include air development. BID ITEM 22 - FURNISH 12-INCH DIA. 316L S.S DEEP WELL SCREEN 30 TO 100 SLOT Furnish 12-inch dia. 316L S.S. well screen shall be full compensation for furnishing and delivery to the well site on a unit price per vertical foot basis. BID ITEM 23 -FURNISH 12-INCH DIAMETER PVC CERTALOK RISER Furnish PVC riser, provide and deliver to the well site on a unit price per vertical foot basis. Page 458 of 736 BID ITEM 24 - INSTALL WELL SCREEN & RISER Page 49 Install well screen and riser shall be full compensation including mobilization, performing all Work, cleanup and demobilization as a unit price per each item with all equipment including drill rig or crane with crew, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. BID ITEM 25 - FURNISH AND INSTALL GRAVEL PACK Gravel pack grain size and distribution shall be submitted for approval for each well and shall be appropriately sized for the well screen. Gravel pack shall be paid on a per cubic foot basis including installation of gravel pack with tremie tube as necessary including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work. The size of the gravel pack shall be specific to each well screen slot size. BID ITEM 26 - WELL SURGING AND FLOW TESTING BY PUMP 2000 TO 3000 GPM Well surging and Flow testing by pump will be based on the actual number of hours of development operations. Payment will be made at the unit price listed in the Bid Schedule including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete the Work and equipment for air development and disposal of water. The price of shall also include the cost of circulation of the debris from the well and disposal of debris if less than one cubic yard. Also included are the costs of daily sand testing and silt density testing and reporting which shall not be measured or paid separately. BID ITEM 27 - DISPOSAL OF DEVELOPMENT WATER TO LAKE OR SEWER WITH LAY-FLAT HOSE Disposal of development water to lake or sewer with lay-flat hose shall be full compensation for furnishing and delivery to the well site on a unit price per each basis. BID ITEM 28 - DISPOSAL OF DEVELOPMENT SOLIDS THAT NEED TO BE CONTAINERIZED AND PROPERLY DISPOSED BY SUCCESSFUL BIDDER Disposal of solids that need to be containerized and properly disposed shall be full compensation for furnishing and delivery to the well site on a unit price per each basis. BID ITEM 29 - FURNISHING AND INSTALLING NEW STILING WELL 60' TO 80' DEEP Furnish and install new 1" PVC stilling well 60' to 80' deep shall be full compensation for furnishing and delivery to the well site on a unit price per each basis. BID ITEM 30 - FURNISH AND INSTALL 2 NEW S.S. MOTOR SAFETY CABLES AND APPURTENANCES This item would be preceded by removal of surficial wellhead, column pipe and well pump with motor (bid item 8), and followed by reinstallation of surficial wellhead column pipe and well pump with motor (bid item 9) which are paid separately. Two new S.S. motor safety cables and appurtenances shall be full compensation for furnishing, and delivery to the well site on a unit price per each basis including mobilization, performing all Work, welding and fastening, cleanup and demobilization as a unit priAD! 736 vertical foot item with all equipment including drill rig or crane with crew, powe , labor, fuel, tools and incidentals necessary to complete the Work. Page 50 BID ITEM 31 - ON-SITE WELDING Welding services shall be paid on the Contract unit price per hour of welding by Certified Welder including all labor, materials and equipment at the unit price per hour rate listed on 1 the bid form. Time for welding shall be measured as the actual time on the project site plus one hour for transportation time (1/2 hour each way). BID ITEM 32 - MACHINE SHOP WELDING Welding services shall be paid on the contract unit price per hour of welding by Certified Welder including all labor, materials and equipment at the unit price per hour rate listed on the bid form. BID ITEM 33 - DISASSEMBLY AND INSPECTION OF PUMP IN SHOP Disassembly of pump in shop shall be full compensation for delivery from the well site to the shop, disassembly of pump in the shop, preparing a pump report and transmitting the report to the County on a unit price per each basis. Report shall consist of well number, pump manufacturer, pump size, pump speed, serial number of pump, photographs, report detailing deficiencies and recommendation for repair with associated costs. Also included in the cost shall be delivery of the spare parts to the County or refurbished pump after pump maintenance is completed under bid item 34 which shall be paid separately. BID ITEM 34 - PUMP MAINTENANCE IN SHOP Pump maintenance in shop shall be full compensation for all labor and equipment used in pump repair. This item shall follow the disassembly and inspection of pump in shop which shall be paid separately (bid item 33) and shall NOT be duplicated and measured for time under this payment item. Replacement of shafts, bearings, wear rings, adapters etc shall be inclusive. BID ITEM 35 - TRIM IMPELLER IN SHOP Trim impeller in shop shall be full compensation on a unit price per each impeller for labor and equipment to trim impellers to the specified diameter as directed by the County. BID ITEM 36 - MOTOR MAINTENANCE Motor maintenance shall be full compensation for furnishing and delivery from the well site to the motor shop and for repair and or maintenance on a unit price per hour basis. Examples of Work shall include, but limited to, motor diagnostics and disassembly; if motor is acceptable for use then Work shall include, but not limited to, re-potting connections in motor or re-splicing cables. BID ITEM 37 - DISINFECT WELL FOR HEALTH DEPARTMENT CLEARANCE Measurement and payment for well disinfection per ANSI/AWWA C654-03 Disinfection of Wells and Florida Administrative Code 62-555 will be based upon completion of Work in accordance with these Contract Documents on a per each basis including all equipment, power, materials, labor, fuel, tools and incidentals necessary to complete thengdc460 of 736 BID ITEM 38 - BACTERIOLOGICAL TESTING FOR HEALTH DEPARTMENT CLEARANCE Page 51 Bacteriological testing of wells will be based on price item unit including all equipment, r power, materials, labor, fuel, tools, certified testing laboratory services and incidentals necessary to complete the Work. Bacteriological tests shall be performed once or twice a r day, per well, at thespecified interval to obtain a Health Department clearance and as directed by the Department Director or his designee. Sampling shall be done by certified and trained personnel and shall include both weekday and weekends. The samples shall be properly stored and an unbroken chain of custody shall be established and documented. Payments shall only be made for acceptable clearance results. The Contractor shall pay all costs associated with failed test results. BID ITEM 39 - REPLACE EXISTING WELLHEAD WITH NEW 316 S.S. WITH 6" WELL DISCHARGE This item would be preceded by removal of surficial wellhead, column pipe and well pump with motor (bid item 8), and followed by reinstallation of surficial wellhead, column pipe and well pump with motor (bid item 9) which are paid separately. 1 New 316 S.S. wellhead with elbow and appurtenances (see detail in specifications) shall 1 be full compensation for furnishing, and delivery to the well site on a unit price per each 1 basis including mobilization, performing all Work, welding and fastening, cleanup and 1 demobilization as a unit price per vertical foot item with all equipment including drill rig or crane with crew, power, materials, labor, fuel, tools and incidentals necessary to complete Work. Also included in this item is 14-day notification to the Health Department prior to 1 starting Work. 1 BID ITEM 40 -REPLACE EXISTING WELLHEAD WITH NEW 316 S.S. WITH 8" WELL DISCHSARGE 1 1 This item would be preceded by removal of surficial wellhead, column pipe and well pump 1 with motor(bid item 8), and followed by reinstallation of surficial wellhead, column pipe and 1 well pump with motor (bid item 9) which are paid separately. New 316 S.S. wellhead with elbow and appurtenances (see details in specifications) shall be full compensation for furnishing, and delivery to the well site on a unit price per each basis including mobilization, performing all Work, welding and fastening, cleanup and demobilization as a unit price per vertical foot item with all equipment including drill rig or ! crane with crew, power, materials, labor, fuel, tools and incidentals notification to the Health ! Department prior to starting Work. ° BID ITEM 41 - REPLACE EXISTING WELLHEAD WITH NEW 316 S.S. WITH 10" WELL DISCHARGE a This item would be preceded by removal of surficial wellhead, column pipe and well pump with motor(bid item 8), and followed by reinstallation of surficial wellhead, column pipe and well pump with motor (bid item 9) which are paid separately. New 316 S.S. wellhead with elbow and appurtenances (see detail in specifications) shall be full compensation for furnishing, and delivery to the well site on a unit price per each basis including mobilization, performing all Work, welding and fastening, cleanup and demobilization with all equipment including drill rig or crane with crew, power, materials, labor, fuel, tools and incidentals necessary to complete Work. Also included in this item is 14-day notification to the Health Department prior to starting Work. Page 461 of 736 Page 52 BID ITEM 42 - FURNISH AND INSTALL SOD Sod shall be full compensation for furnishing, and delivery to the well site including 0 mobilization, installation, cleanup and demobilization as a unit price per cubic foot item with all equipment and incidentals necessary to complete Work. END OF SECTION Page 462 of 736 BID RESPONSE Page 53 BID#WUD16-00!/VMG SYSTEM-WIDE WELLFIELD MAITENANCE FOR PALM EACH COUNTY WATER UTILITIES DEPARTMENT ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. QUANTITY PRICE LA) 1, Traffic Control 3 Days $_0 2Biological A ctiviy Reaction Tests (BART's) 300 Each $ $ L 3 Specific capacity test before or after maintenance 200 Each $ 4 Wire to water pump efficiency test 200 Eachblo $ ACP 5 Step drawdown test 80 Each Silt density index test(passing only, SDI less & than 3) 100 Each $ $ 7 Remove and reinstall fencing to original condition 15 Each $ $ Remove Surficial wellhead, column pipe, and well 8 pump with motor and accessories 70 Each $ $ Reinstall Surficial wellhead, column—pipe, and 9, well pump with motor and accessories 70 Each $ cf_�)w $ Combined Static and Dynamic Down hold 360 degree color video survey with triplicate DVD's 10, including contractor pump 70 Each $ w $ 11 Pump motor retrieval 60 Hour $ $ W_ Chemical treatment of well with liquid acid 12. des ler 60 Gallon $ Chemical treatment of well with 2,500 gallons of 1-11 13-------------- 1,000 ppm chlorine solution and neutralize waste 70 Each $ "D2 Imp— Acidize well wfth 1,000 gallons of 15% HCL acid (pump removed), neutralize and legally dispose 14. of waste. Must use Time Retard Agent 6 Each $ livu— $ CO2 Injection (3—4 tons) including packer and 15. gravel tube installation with grout seal 1 Each $ NIP- $ Clean casing and screen with casing scrapper 16, and brush 30 Each $ SUBTOTAL-1TEMS#1 -#16 NAME OF COMPANY. Page 463 of 736 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. jQUANTITY PRICE 17 Brushing, swabbing and jetting to redevelop well 40 Each C073"r 18 Rig with Crew 15 Hour y. Two man crew with crane for pipe modifications 19 and small projects 120 Hour $ IDS 20 Each Additional Crew Member 33 Hour j $ _U $ A 12) Mud Well, remove existing with well screen, riser 21 and gravel pack 3 Each $ $ 2-0 IX�p Furnish 12-inch diameter 316L S.S well screen, Vertica 22 30 to 100 slot Vertica 23 Fumish 12-inch diameter PVC Certalok riser 100 1 Foot $ $ 24 Install well screen & dser 4 Each $ Cubic Fumish and Install gravel pack 800 Feet $ ell Surging & Flow Testing by pump 2,000 to 26 3,000 GPM 500 Hours $ ISISU $ LA=-y- Disposal of development water to lake or sewer 27 with lay-flat hose 20 Each $ Kb" Disposal of solids that need to be containerized 28 and properly disposed 20 Each $ $ Furnish and Install new stilling well 60' to 801 29 dee P 30 Each $ $ Furnish and Install 2 new well S.S. motor safety 30 cables and appurtenances 40 Each $ $ 31 On-site Welding 100 Hours $ P') $ 32 Machine Shop Welding 100 Hours $ 3-54 $ 33 Disassembly and inspection of pump in shop 20 Each $ I $ SUBTOTAL -ffEMS#17-#33 $ NAME OF COMPANY: & Page 464 of 736 mm ----fpaje 55 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. QUANTITY PRICE 34 Pump maintenance in shop 100 Hours $ — Each Impelle LIZ 35, Trim impeller in shop 8 r $ $ 36. Motor maintenance 50 Hours $ $ 'r® 37 Disinfect well for Health Department clearance 140 Each $ 36e $ fl Owl,- Bacteriological testing for Health Department 33. clearance 100 Each $ VS164 $ 13 Replace existing wellhead with new 316 S.S� with 39.39. 6"well discharge 3 Each -s 4, s Replace existing wellhead with new 316 S.S. with 40, 8"well dL-,charge 3 Each $ 11 $ Replace exisfing wellhead wfth new 316 S.S. with 41, 10'well discharge 3 Each $ W $ Cubic 42, Funnish and Install Sod 10 Yards $ $ GRAND TOTAL OFFER(items#1 - #42) 77 $� PLEASE AFFIX SIGNATURE WHERE INDICATED (FAMLURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document bidder acknowledges and agrees that fts offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal, FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: JA SI NATURE:'� 1 1 A,umoc� 4r, PRINTNAME: PRINT TITLE: ADDRESS: CITY/STATE: ZIP CODE- TELEPHONE TOLL FREE # D L FAX#: ( APPLICABLE LICE NUMBER # TYPE: FEDERALID# Page 465 of 736 Page 466 of 736 , I ` g 5 k,yi 14r � - ( i� � QN,� �sl Pae 6 r , § r RISOLIORAT } i}well 1 _ 7 I`• 1 _ � lb t' f .x \ !r y, gar si�a�i list�efQ pnq,,es n aGcdYc� nQO Wrlfh the requ(re�+ nt 'et fptlh in the Q t lificatI s f Eta�e'rs t t�ti � } � £ 2 {rF I k NAME 11 t„� ot i` 1fir � a r�1 " sur ► 4 H L. i l b Nw N ON TAP, MFI E-, P�loNE; r' CELL`PH©NIE , ,,,) ,, y ,`tt l t,il z r�5}}t{; 4 t 3'Uikc•;�§ 7r is i4 4 a,c1d A `:.l r � ,f§-, �k.:��i 1,1 ;: .xa..k ti i.,,ti:1,t',}.,7 1, ,..:. �4 i} i � t,�)i r!�?,:rtC ii s �,r iy r ,�` t, ,t a �,s rrt ar eta c,,, c,s I > , � a v. � � �._ V'�tr •; i + k , Ic _.! i._ .., :.•.. _. es _. rr._�i _ :.,._. 1 ..I.,.. l _ _ :.. � , r_.r._, lr-., .r .:E:: •;,! r��,s, \ta-. ;'1,,,�'a t, slJ„�,. ,. _,..-, t�,s- i:;,. ,";�<.•} ,, ,s-: .. t, r... ...w_.� n , ,.,, _�{ t Ji„ �_ v,,.,. ,'1, ,,. ., �"t ��,,. {, ,.,w 1l •I, ,,,,>t r;�_� ,F,, r f ,i,; , 17 'r-- 'r-- __, g,��,:. ;, :(P r - - - ��r�\§,..as, k� ,o k,,h -4�t �� 1 ,,t,a,t 1 rt4u1,f111 r t "Y!'v 7au �t U� r } tx ,Ic i„ ly\» t r„S ,� ,,^,4 ' . �1 ,c�. � 1 � w,,cs.•r\ . 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L, �... - �t4 y,.}; t-- - -.�i t Srr Y, ,,t s r\ t;•1! 1141111 773, 3Ul._ - �J_ c \ a ..L h,... 1 , tp, .J, S t�ai`S:. -I l,rcj •i4 < 1 t,A,4 ,,. `l,t} .1, (e,I«,. iht 5 lts s•,,1t 11`! :,12s,c s pit )'l,ty.iS \_ , ,tU}i ya, s 1 t ( rn tir ,ltr ',1 r S t Page 468 of 736 AMPS, INC. REFERENCES Seacoast Utility Authority City of Boynton Beach 4200 Hood Road 100 East Boynton each B I vd Palm each Garden, F1 334 tO Boynton Beach, FL 33425 Attn Vince Mollo Atm Phil Taylor Phone (561) 537 0677 Phone (561) 752-6499 Fax (561) 882 4475 Fax (561) 742-6299 City of Palm Bay City of Stuart 1105 Troutman Blvd N E. 121 S.W. Flagler Drives Palm Bay, FL Stuart, FL 34990 Attn: Bill Peters Attn: Paul Hitchcock Phone (32 l) 426-5172 Phone (772) 260-0109 Fax (3 21) 674-t 828 Fax (772) 288-5395 City of Boca to Town of Jupiter 1301 Glades Road 2 t0 Military Drive Boca Raton, FL 33432 Jupiter, FL Attn: Rainy Maharaj Attn: Chris McKenzie Phone (56 1) 338-7316 Phone (561) 742-2605 Fax (56 1) 338-7366 8-7')66 Fax (5 6 t) 746-2792 City of Port St. Lucie Village of Palm Springs 121 S W. Port St. Lucie Blvd 226 Cypress Lane Port St. Lucie, FL 34984 Palm Springs. FL 33461 Attn: George Horner Attn-. Don Ray Phone (772) 370-8607 Phone (561) 965-4022 Fax (772) 420-43) 12 Fax (561) 965-5563 North Springs Improvement District Palm Beach County 9700 N.W. 52 Street 50 S. Military Trail Coral Springs, FL 33076 Suite 110 Attn-. Basil Mantagas West Palm each, FL 33415 Phone (954) 752-0400 Attn: Vincent Munn Fax (954) 755-7237 Phone (561) 818 167') Martin County Utilities City Of Lake Worth 2401 SE Monterey Rd. 7 North Dixie Highway Stuart, FL 34996 Lake Worth, FL 33460 Attn: Todd Leyland Attn: Tim Sloan Phone (772) 221 — 1439 Phone (561) 586- 1710 Fax (772) 221- 1447 Fax (561) 5')')- 7')72 . . Page 469 of 736 .... .... -"A MPS --------------------- AMPS, INC. REFERENCES Village of Wellington City of Pompano Beach 11860 Pierson Rd 301 NE 12 TH STREET Wellington, FL 33414 Pompano Bch, FL 33060 Arm Karla Berrotran ATTN- Donovan Evans Phone (561) 753-2465 Phone (954) 592 1580 Coral Spring Improvement District City of Sunrise 10300 NW 10' Manor 10770 West Oakland Park Blvd. Coral Springs, FL 33071 Sunrise, FL 33351 ATTN: Ed Stover Attn-. Jim Dolan Phone (954) 752 1797 Phone: (954) 572-2424 City of Daytona Beach Town of Davie .3651 LPGA Blvd, 6591 Orange Drive Daytona each, FL 32124 Davie, FL 33314 Attn: Mike Bums Attn: Jeffrey Pinter Phone: (386) 671-8841 Phone: (954) 319-2792 Page 470 of 736 ___m.,._.._...... ............ ...................... z ,n 1-4 c5 ' bi Page 471 of 736 ro c� ® rn fD Lol �• ro fi ZIP mom 4(D O � CL USG A� O C CEJ CL c,Q. r .0 r ~� �x rr. �'• v CD h cu O kN lrh IT CD ti k ~ ti 1 -q ti a r, N (A �. �. IA nkli m V' CDtv .p 1 ® � C r•h N �Ll O cu Ord 6. o c p v' 0 r v o' a � ro Page 472 of 736 7 i 46 Have,-hill P,c, d,S°or"n 1,k/est Palm 'Bea , Dear.Mr. Murray, 'Phis letter is to 41forru you that you have been approved as a course provider for the f loHda Water Well Contractors Continuing Education Program. Your course provider number is 149, Please use this reference number when submitting future;course approvals, Below are the responsibilities of the course,providers, Please far,ailiarize yourseTwiths the following responsibilities to ensure that attendees are awarded their CETT hours appropriately. • The Course Provider shall be required to provide a post-coursework evaluation form to students for completion and provide copies to the Administrator. • Upon receipt of the student's completed evaluation form,the Course Provider will issue a multi- part certificate of attendance to each student who completes approved coursework hours. The completed certificate of attendance will include the approved coursework title and the number d type(R/R or S/13)of approved coursework hours,the date and location of coursework and the instructor's signature. • The Course Provider, if r uested by the Administrates-,shall require all students attending approved coursework to present a valid government-issued picture identification card,and sign an approved coursework sign-in sheet. The sign-in sheet shall reflect the student's name,the water well contractor's license number, if applicable,and the validated student signature. ® The Course Provider shall sign d.date the original approved coursework sign-in sheet and provide copies to the Administrator if so requested. • A Course Provider shall make reasonable ampts to notify potential attendees of the availability of upcoming coursework through any/all available means of communication. ® Approval as a Course Provider is valid for a periad of 2 years, Priortaffitendofdre2year period,you will be contacted by the Administrator regarding your renewal. Enclosed is our Course Approval Form(copy as needed), When you plan to offer coursework, please complete and return the Course.Approval form 45 days prior to the course for approval of the course offered, Please contact our office with any questions you may have. We look forward to working with you. Sincerely, 4r Meghan Millard Florida Mater Well C U Program Florida dater We)l Administrator 325 John Knox Rd Ste 1.103 :— Tallahassee, PL 32303 IORIGINAL Phone(1350)205-5641 �---- . Fax(650)222-3019 Page 473 of 736 IAQUIFER MAINTENANCEPERFORMANCE SYSTEMS INC. Test fleowd Nwft (fir P 'tIx �. _ _- ( r number,scow*eaxity _X -XX - . A .1- -aa s ( X) t ) kftmwk ( ) c ) Tam bw mew spw�� - t - T "WWWMwntv To -Na— AW84WMVWdWwffiCW6cn - 1 7 - _ Fm (°-3 : sed*V Yu ( ) No ( ) } t i cunwt AC ( (X) (QAAAWjYw ( ) t ) No (X) Root*dmWkV Yest } No (X) wv - Poe 10 28t ) ( rOG (X) GOR ( ) ) „ 10 ( } 23 ( r ( ) ( ) — - plebw 1 ( 20t r t r c rebmSkit ( ) Spked bull t ) Otw ( _ _ _) T V*w be fwKft WA Pon Fal WA3 Q s Pon( ) t ) Twwmbw rid WA( PM( NO ) 1 Fes( } a WA cid•, pkb � $01 401 d t )0 ( ( X t t ) „+ Robw1 �Xj l *a MIAX 40 Uh—max FBW AMR F2F 3F 4FI v%1 ( ' ( 4Fj 5F(X) Ii 1F( ) 2F ) 2Ft4F Bar Ifte Uln _M" l ) *) t ) ( r YDom( ) ( )' ( w h t*1W wWM slip� OUIMMUon(Aft A W-1) kF JJ a+ FOR YOUR TOTAL PUMP & WELL FIELD NEEDS L Page 474 of 736 0 ANNE, M. CANNON P.O. Box 3353.West Palm Beach;FL 334472-3353 -LOCATED T" CONSTITUTIONAL TAX COLLECTOR: www.pbctax.com Tel:(561)355-2264 Scr7146 HAVE HELL R 'z�irag i�d"n He a,b a`�me tit RIVIERA BEACH, FL 33407 �23-�009qWAIER CbF a4J,"�"6NESS C71+Vt^9FR CERTIFICATION 9 RECEIPT WDATE PAID AMT PAID BLLWELLLCONTRACMR Pv�&JFdriAY,lRCshL:SG� 15370 U37 f2iSt2-1@13QB,'ifi 53 .63 14B752�52� This document is valid only when receipted by the Tax Collector's Office FLORIDA STATE OF PALM BEACH COUNTY 2016/2017 I T AQUIFER MAINTENACE& PERFORMANCE SYSTEMS INC LBTR Number: 200914477 AQUIFER MAINTNACE& PERFORMANCE SYSTEMS INC EXPIRES: SEPTEMBER 302017 7146 HAVERHILL Fad N , RIVIERA BEACH, FL 33407-1029 This receipt grants the privilege of engaging in or lull®uIlaaloullll®olalolouell®io®aoli ®e managing any business profession or occupation within;Is jurisdiction and MUST be conspicuously displayed at the plane of business and in such a manner as to be open to the view of the public. Page 475 of 736 - aN. 7DATEA (MMDDNYYY) CERTIFICATE LIABILITY 12/4/ 16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mikeerson NAME- Silk Silk Insurance Services POE E{tl (610)994-8600 FAA Na{; (610)994-8704 1000 Germantown Pike F.-MAIL. ACDR SSgg m e erson�thesilkcamp anies.com - Suite ,7-4 INSURER(S)AFFORDING CO"JERAGE ----. --.-. --NAIC# Pl;rmcuth Meeting PA 19462 INSURER A Laridi as it American Insurance INSURED Ns(RER a Philadelphia Aquifer Maintenance and Performance Systems Inc NSURERC 7146 Haverhill Road North INSURER INSURER E West Palm Beach FL 33407 INSURER r -COVERAGES CERTIFICATE NU E �CL166900042 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, qqqqqq EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSFd __.YYPL Or INSURANCE Ar1G.}l..z Lil fF. -.--. POLICY EFF POLICY EAP -.. _. LIMITS --.. LTR _.. IF'{ UVVD.. PC51,.9CY NUPr16ER. [MM,DDOY`f i Y PeiM.[Ol7ffYYYI__ _ X COMMERCIAL GENERAL LIABILITY .uE .E S 2,000,000 A 'CLAIM'-.,,-MADE OCCUR � T � 300,000 X LHC760312 10/28/2016 10/20/2017 MLD EXP t a me pel, 1 "r: 10,000 PERSONAL&ADV IN F 2,000,000 GEN'L AGGREGA FTI- 0011 APPLIES PER GENERAL AGG I GATE s 2,000,000 X Fc`:A..IC'v' PRC- ... --. ri. TCT IPRC CLC T CON P.=C P AGG 7, 2,000,000 ClHER: AUTOMOBILE LIABILITY hdrial's.. I "c'_.'1�'- xx zrt, 1,000,000 X APSY At1TD eCOIL`f It',iUt.,F+"L(Pr F rt€nr i'. ALL 01E!r^7FD .:CNECH1t"amu AUTOS, A,U"LCE,S PHPK1496245 .5/15/2016 5/1.5/2017 BODILY INJURY(Peraccident) '. HIRECr AUTOS _X. A,JT0S 1,000,000 UMBRELLA LIAR t�t�IIF: E,.CHC)C.!)RRENCE r= EXCESS LIAR C1-t+1`i.9. MA DE --AGGREGATE SEI;. Rr 'NT "N s3. WORKERS COMPENSATION -Es.T CTH- AND EMPLOYERS'LIABILITY YIN n'=:Ar'!TE ANY PRCPRIETCRIPARTNERPEXECUTIVE --- E L EACH ACCICENT CFFICERtMEMBER EXCLUCEC, PJ.IA' (Mandatory In NH) _.. E L CI.SEASE-EA EMP E-- If,, s cilscr:,Lm under _ C � Ri F 0IN OF CPERATIGNS s�tc,�, E I_ G(;.3EP. E e:_is' r i•iT "' A Professional Liability LHC760312 10/28/2016 10/28/2017 SE CCC ded per claim $2,000,000 A Pollution Liability LHC760312 10/28/2016 10/26/2017 S5,0CC ded per Claim $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Palm Beach County C/O Insurance Tracking Services, Inc. (ITS) is listed as additional insured, per written contract, on the General Liability policy CERTIFICATE HOLDER CANCELLATION pbc@instracking.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Palm Beach County C/O Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Tracking Services, Inc. (ITS) ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 20270 Long Beach, FL 90801 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INSPage 476 of 736 O'25;—)i.xnha AQUIF-1 OP ID_ DP ®AT1 ,,CERTIFICATE LIABILITYI 101041206 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. i IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject tri the terms and conditions of the policy, certain polioies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- PRODUCER f-CNTAG' Atlantic Pacific Insurance-PBG rtAlE Matthew A.PeaCe FAX 11382 Prosperity Farms Rd#123 AiC 0 E-11I 800-538-0487 fl,: 561-626-3153 Palm Beach Gardens,FL 33410 E-NA L atthew A.Peace ACDR=sO dha by apins.com INSURERS]AFFORDING COVERAGE NAIC 0 ..._-... INSURER FOCI Insurance Co. ,10178 _ __ ......... _.... .----._. ........ _. . .... INSURED Aquifer aintenance& IINSURERB Performance Systems Inc INSURERc — _ 7146 Haverhill d West Palm Beach, FL 33407 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CCNDrFION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN IMAYHAVE BEEN REDUCED BY PAID CLAIMS _ _ ._......... ...... - NSF — ---- A sP�Br'( POLICY EFF �OLII t ETF LTR ( TYPE OF INSURANCE INSD WV0 POLICY NUMBER LIMITS ._�.LI _�. ............. COMMERCIAL GENERAL LIABILITY � 77—'.. ......... AUTOMOBILE LIABILITY IT UMBRELLA LIAB - " -- EXCESS LIAB p i IcWERs C 0 NPEA-rION A��E TOYER tIAGIU I A t r Ii E =A ; E) Well rehabilitation crews: AMPS, Inc. currently has the following available well rehabilitation crews, vehicle &equipmenti b- 2man crews with 3additional development crews 1I—Fully equipped service trucks 15—Support service trailers 9—Crane trucks ranging from IOton to3Oton 2—Video units from 2" to 24" VVealso have the following support equipment: 4—Drill rigs with capabilities ranging from 2"to36" diameter wells Water truck 2—Water trailers 2—Portable on-site welding trailers 1—Acid unit 2—Cement units F) Aquifer Maintenance & Performance Systems, Inc. (AMPS)was designed to be aspecialized service G' maintenance organization to fulfill the total wellfield needs of the water supply industry. AMPS has committed itself to providing the most honest, cost effective "STATE OF THE ART" environmentally safe maintenance, in situ reconstruction & rehabilitation to ensure dean, safe & plentiful supply of drinking water for the future. AMPS provides all services inhouse without subcontractors, day laborers nrdistributor delays. All equipment& properties are owned by AMPS and with more than 12 million invested in our very specialized equipment all projects can be performed in a timely manner including the ability ofperforming three (3) rehabilitations simultaneously. G} Pumpshop� We have a 10,000 sq/ft in house pump facility with 3 full time pump specialists Machine shop: VVehave a1O,00Osq/ft inhouse machine shop with 2 full time certified machinists Storage: VVealso have a4OOOOsq/ft on-site storage capabilities Page 478Of736 Page 58 "01), � RTIP!l �Tl( [ CFe, 3Uh( � QT!'U,f „« tit ? i r�, Jn accordance wi'fr the Prim Belch Count" L`ccal Pre er> ne l ;,t y Qrd'inance �s amended, a ,�rferencemay b given;tQ �1) bidders hav n ,a permanent plat, of b'""fsrne s in Palrn,�3eacsh,, ourty County ) or , ) bi,&ers having,a'porma,nerit,p.lace of business`i`n the'Gldes that area,„pie o p�oulyd,e theQds andler` serulces tri°`'fie,utilized within the,G1dest To receive a igcal'' ' J ' tty's rence �ta ers rnu t haue p rm n & place of bu` s uvitla(n the Y 5r the lade � ,�s ,applicable; prio�lot ,e is u of the solicitation, .A u mess Tax f qeipt which is i by tfi,e Palm 'each County fax , 0,gctor, au.,5orizes the blddEr to provide"the �`opds/seruices being)solibited by the Aunty, ind will bo'bsed,to verify thatth,e plddetr " had a permanenfi 'place of,business'pr Qr t© the .issuance of the,selicitatjon� 'The bidder,rnust'subr it,this Certificat(on o;f, Business Location (''Certification")al rin 'with the required i�bsiriess Tax Receip`t,at the time Qf bi'c3 Qr quote submission. '`The Business Tax Receipt a,nd this Qerti,flcation are'the sole determinant of local preference elig(b(lity rErrors in the cQmpletion of this Certit'catkonor'failure to submit this completed Cert(fiication wili cause the bicfder,to not tdeuvo a loom preference f C+e H�aFe �, i =eye l "fro, `S ,n1 ;ylttg�k` e r tf b tlln;'a f s, h i , (�� 8 �.i�'f - ,n � r s h, �.,, !. , �� •�t, id) )� ,�� 'l�� ,4, �,,,,,t �� +., � d 4,.1, � .,�, �, ', , i ?,1„� `�', �,,¢,.<. , - ,.,, r ,._,. ,, n .E 4a,., _ S �li,_. ,,, f et, A � is,, i. -„ � t "t.�>•, .4.I,.F _ � >€. .;�� ,4,,' -�r n �4 � ! )��t�li}�,lYit, , '' - �� k - - ' - — - i ��cj,3�r r � ,i1 "��-. �4•„��,;, �ti��7}t� ,)t ,^S�� ) 'r� 1.�1,. ti� , •)� � , t� �u,,, ,t, ) t1 1. �� tiff 4� �7" �� ,,, 'k 's�� f �_�'� � -- .q7 �`i<�aiP t,��. C �� • , - - -x s 1 t S '-._ .�`� _ 1 a t , u- 3 Alfi ,t 14. 4 !(� ,. i` Page 479 of'73fi r� RU �'� � ,a t Pa9 59 P ,I��,�LAC� ��R�'l��C�4TlQ� �, �� F 4; ' r ` Si .# 0s logli + � ! ' � - In accrciancevih ' etiQrt { ��`�� ., ptefl� iceshill be �to �1 ro orals tt� f 1lpwin cert�f� ' n h: thee' due ale Orted a dr,` + ,P 4 rn `free' '90- '�)!{{el,Sy z,:1Fi 9F as ,i J71Y (jF ttl alt 5 {{ �I{t7r>. ��. Fsl! rlyn, Fi F�' ,h meed h `uir mennts ?# ectton,2 ,�D87f�� r vy` + ,hox�t ler � h , ny pro �',ncp " iyon 1ll(0 ,, 1rF`..i+a4f>t' 4,h{s py{{ 5'ti li&'$s{, { ��,; {;I �r �k� p{u ru �kt'`c ' 4' �p �' dl ,, a� ''rtr + I► fty u+ii#ii f'the 'piansua`nt ti OWI,`Bc�act► ' Ccade;Ch.a,;ptei2 ,'tArt�` le'III, ,rt thru - + r4.; :fin thels are r"ecei +drom ve'rtdrs . nit submifited wath their,bids/propt$q 5 a completed Drug-Free'1Norkp ace certification foam,the award will 4e►Wade, ilr� acc ?rda ice u�� h Pairr� beach Cdurtty's purchasi� prop eduFes p0rtA'ln�n 'to le gids k4, This, Drug-Free jMtkplace Ce'r+fication form must be executed and`returra'ed with the attached bidlproposal, and recea ed p'hr before tte publishec) 7d s�atimiss`ion time to be consaderc �fihe failure to execute andlor r�tu�rn t°his Al cert,lf►caI'M 1,shall;not ci;use arid+ b�dlprpposal tO"be deemed n ?n responsive t t 19 1 ,�; +r .f:. ;FF, �'('{., StF},ki�<SG,�. _ x?\._t •i F„ {{ �{A 5�,d,tk,54. 1))t,> i F � Skf�„I� i( � ! „fl ��, „-F,a v, A F... _'», - S ,,.:, t y sFi ,s �,,.� fa. t , )2 �{tt�_ V ,r` ar "Fr ?St`s' � "i ,yy z Fier !y .1'� 's , r � x�,t .4- S <.t .1. ..�� .' •r /^ � / ;.._ t,._F _ r 1.-� '!{ �.., ,,�� 9,a .�. F t. _i - ..t�. - � , s” ,. ) � ��--.� ,3 r. ,_ �l A �,�it'.;�,� ��A r2 1 ,•��i. ,�� - �,.:r �, -F�--,> �i� hr..- 4 ., • Y -.`. , �1 -tit �, _�.5 t�., �- ,, ,i ,t� ��... ,..., tr ..f f � ,, E k�,. f S -_ '. � �i �, N, r �.. .�;v,✓ � s E.-s'S f.' } _li t` -t +1`�a�•,�t #.« r :. � �`.�� , Sl .:.r S v-,... ,..!.�t � S.II e. e.f. l4-. Gt_ r� �-._,. f b a,i 5,, » �1,,. .4f 1, �i 1 F�.s. �IT if.�� a.Al t� ,4r KR.� ,1 Qt�� ,,,.., <<, �� t� ��{. �ti•�t� .� - 'r t� i� � t t � 3 F-- ��t� 1�If p �fri�F F .. t , } U1, A r , { x r Page 480 of 736 �0 NON-DISCR,iMINATIO'N POIL CY�` +�31Q'#WUD'16-U01N�11O itv�,, `w� gtr rf C OMP l e olutid i !4-' 1. as may be mended, it is the policy of the Board 'of rsvf tm! Cot* t "Rolm, Be. ih Co�rii�#y #gall not ,co;nd�ict buss +lniit�f�,PIP, , n tl r khat Ox' 10 ' scri in'ation on the basis rfi rice o'IQ`ry n t�'oe�al` c�ric,�rn„ a , faraltltafar1fI tfusp sexualneritat�on, Gender identity ander si'on, v ,r1vv� t ¢ � ,h Rat ao ' o r�ty re required to submit a copy of its non-dis`crrrninbti+�n pgli,cy t 1tt with thd'(POOY of Palmsap 'Coo nty stated a�pue, prior to entering into any,epntra,ct C ty. nth t a bi , r o not have a wr(tten non=discriminaticir� po'I� y, su h�'b(dder , t 111 ter a agn belpw affirn�r�g tha' ,their non drscrirninatipr� pelicer i, . t \ , 1 ,i,.,,.pl ,a ,yl;i0 , '•\ i,i } «stt ,ill\4}i�ti V, ntt r,R{ t\ , yt ... S rr - t }�r� t�,t��i - (s,�,. c,.r€ C» ,`t;hf n t,•, _,,} _�€- },, , � ,r s � i .s I )i, � fes'"f,,...,, y{ ,��'+ , , c�r � .tt1t•<u. "n SFW ,,.:_. `\. ,,.. ,U_ .� 4 t .i,_.-:t , .iufn M �__ rotl, Y:, , �,I ,s,a1 �., �.i„ fi* , 1, .,, ,\�.:i, v k� , + ,A-. , ,{ F. , , - ... �,..{., sl.- .�ve .,,,�S�v,, i ,-.i.sS _x:. tf �\s„t•..v s ��,�,'r t t �if � st �t, t.i � _ - { � r,..aSi+�'si xr,l� r.n�._ z,.,i,A, �� ,.. �t t ,4n £aa: v L �1,; L,.. 1 ...,, , ,,`fS„t... � �,,,a ;.�_ t_V.§ - iff �1 &,,:,,, n '!,.. Y.. -- s• , �,. u€�� v� S, .Az, , ,s � .1,y,a� V ,;F` =rt�2 1+,t`„if y t �• �1fi"',�` )�-, � �:,•, t`. ur�s } ,.-.�__.' .,.. xs. /}ta,,.!/jr} �,f rlt Y jt _,t !%s._ ,A�t -� -.�t,• _. ,z=,--m -..kx, i\ n«,�h, s .,kru�t!fit s t, at _ 3 ;,,. - �. yb 9 I _ 5 - r v3,9t`,,-,� l°t a�`^�+�, �� ,a V4�, �'..,�;� - .\�x _ s �'� i, ;s7...11r�, s �1 ,,� \ _ '.. t ,..Z 2,x (� \ 4 441, ) 1-,. h Yii}(, f t`- ,'A, f \ i„ , -} r 5,`S)-f A ,...L„.4 1 ,,_ '_i , ..,.. �, uu...., ; z. � ,.,-, "', 3 - Q t_.. � \��i -. e +u... fk >,;,s �s ,-. 4 ,,�. 7 is ,,,.... - .. C \» r >l._, \ F_ ,t ,a 413 ,\. ,�r v r,al \,, f �Sl'A }. .. : , 1.,,.,� \ ,,._ ,l t Jt ,r. '7.� � t =� xx t � �, ,_ P,._,- by ,1 d. , d..,..,. , 4 a ,,a, `t' -,. �i,,, ,.u - ,.i1 \.. _, +t f ,,. � ,.. .r-,..�} i, +s }�.. .. f ,\ €, e , ..,I �. U: n I ,_ i, € z .i „4 fG r t _,7 a ,. ., .st.. , -yy � .�. -. 'L.. rt � Ft 7` Page 481 of 736 Page 482 of 736 BID RESPONSE Page 53 BID#WUD16-OOIIVMG SYSTEM-WIDE WELLFIELD MAITENANCE FOR PALM BEACH COUNTY WATER UTILITIES DEPARTMENT F ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. QUANTITY PRICE Traffic Control 3 Days $ $ 2 Biological Activity Reaction Tests (BART's) 300 Each $ 1100' $ Lp3 &X) 3 Specific capacity test before or after maintenance 200 Each $ Ay' $ 1�4 =VVire to water pump efficiency test 200 Each $ 4T- $ 5. Step drawdown test 80 Each $ 2,able- Silt density index test(passing only, SDI less 6. than 3) 100 Each $ v $ --------------- J_ 7 Remove and reinstall fencing to original condition 15 Each $ $ Remove Su tial wellhead, columnpip e, and well 8 pump with motor and accessories 70 Each $ Reinstall Surficial wellhead, column pipe, and 9, well pump with motor and accessories 70 Each Combined Static and Dynamic Down hold 360 degree color video survey with triplicate DVD's 10, including contractor pump 70 Each $ 11 Pump motor rebieval 60 Hour $ $ W_ Chemical treatment of well with liquid acid 12 clescaler 60 Gallon $ $ Chemical treatment of well with 2,500 gallons of 13 1,000 ppm chlorine solution and neutralize waste 70 Each Acidize well with 1,000 gallons of 15% HCL acid (pump removed), neutralize and legally dispose 14. of waste. Must use Time Retard Agent 6 Each $ CO2 Injection (3-4 tons) including packer and 15 gravel tube installation with grout seat 1 Each $ Clean casing and screen with casing scrapper 16. and brush 30 Each $ F TAL:WEMS#1 -#16 B $ N AM E OF CO M PANY: Page 483 of 736 54 ITEM DESCRIPTION ESTIMATED UNIT IUNIT TOTAL OFFER NO, QUANTITY PRICE 17 Brushina. swabbing and jetting to redevelop well 40 Each $ 18 Rig with Crew 15 Hour Two man crew with crane for pipe modifications small pr 19 and small projects 120 Hour $ _�n 20 Each Additional Crew Member 33 Hour $ $ Mud Well, remove existing with well screen, riser 21 and gravel pack 1 3 Each $ $ Furnish 12-inch diameter 316E S.S well screen. Vertica 22 30 to 100 slot 16 1 Foot $ $ -JQ4 e ica- � $ 0 $ 23, Fumish 12-inch diameter PVC Certalok user 100 1 Foot 24 Install well screen & dser 4 Each $ 18 $ Cubic 25 Fumish and Install gravel pack 800 Feet $ � 15 ........... Well Surging & Flow Testing by pump 2,000 to i 26 3,000 GPM 500 Hours $ $ LA Disposal of development water to lake or sewer 27 with lay-flat hose 20 Each $ Kb'4 Disposal of solids that need to be containerized 1 28 and properly disposed 20 Each $ $ Furnish and Install new stillingwell 60' to 802 29 deep 30 Each $ Furnish and Install 2 new well S.S. motor safety 30 cables and appurtenances 40 Each $ 2ISS $ 1 31 On-site Welding 100 Hours . ......... ._ .... $ $ 32 Machine Shop Welding 100 Hours $ 3154 $ 33 Disassembly and inspection of pump in shop 20 Each $ 1, $ S UB TO TA L -ITEMS#17-#33 NAME OF COMPANY: & Page 484 of 736 Page 55 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. QUANTITY PRICE 34, Pump maintenance in shop 100 Hours $ Each Impelle 0z 35. Trim impeller in shop 8 r $ $ 6 Motor maintenance 50 Hours $ $ 37 Disinfect well for Health Department clearance 140 Each $ 3Z& Ooow- Bacteriological testing for Health Department !n� 38. clearance 100 Each $ $ 13 Replace existing wellhead with new 316 S.S. with A 39 6"well discharge 3 Each $ 1+1 $ Replace existing wellhead with new 316 S S. with 40 8"well discharge 3 Each $ $ Replace existing wellhead with new 316 S.S. with 41, 10"well discharge 3 Each $ $ Cubic 42- Funnish and Install Sod 10 Yards $ GRAND TOTAL OFFER(fterns#1 - #42) PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO 30 SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this documerd, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solic" n as originally published, out exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: t4A V1 t Y)Wit,4,- N( V JA Sli�NATURE:._,,_ ire PRINT NAME: PRINT TITLE: ADDRESS: CITY I STATE: own ZIP CODE: TELEPHONE# L.[qH-- 2SLiq E-MAIL: CLYA 1-j TOLL FREE # b1z U6_ 6e)IL FAX#: ( 41nH )AL4 q APPLICABLE LICENSE(S) NUMBER # 1131D TYPE: FEDERALID# Page 485 of 736 Page 486 of 736 65 6 IN WITNESS WHEREOF, County andn or have caused this named Exhibits ul in several counterparts, each of whichII be consideredri i I executed copy of this . PALM BEACH COUNTY, BY ITS BOARD OF COUNTY , LIAR j 4 2017 COMMISSIONERS y fit' y . 32� ul Burdick, r %�epu �M f�m., f11, ' APPROVED AS TO FORM AND TO APPROVED AS TO TERMS AND LEGAL S NICY N, CONDITIONS Q�& y® r of Water Utilities d Systems, Inc. Signed In I n%N f Page 487 of 36 7.B. BIDS AND PURCHASES OVER$100,000 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-063-Authorize the City Manager to sign a proposal with Routeware, Inc. of Portland, OR, utilizing the HGACBuy Contract# FL03-17 for the purchase of onboard computing system for installation in Public Works Solid Waste vehicles for the amount of$92,827.00 plus travel costs not to exceed $7,500. In addition to the purchase cost there will be a monthly maintenance fee of$10,092.92 for an estimated annual expenditure of$121,116. The HGACBuy cooperative's bid process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Houston-Galveston Area Council of Governments Cooperative Purchasing Program (HGACBuy) The Public Works Solid Waste Division would like to purchase and implement the Routeware System (RS). This system is currently in use by several municipalities and private customers. The implementation of this fleet automation system will allow Public Works to more efficiently discharge its solid waste collection duties, resulting in fewer missed pick-ups, fewer unfinished routes, and fewer complaints. RS consists of soft and hardware installed in and on the solid waste vehicles (i.e. cameras, GPS receivers, and dash mounted tablets). While the vehicles and drivers execute their routes, the RS collects and transmits data (via cellular service) about the service location, time of collection, etc. to the Public Works office. This data is displayed in what Routeware calls a "HeatMap" on a large T.V. screen. The HeatMap offers at-a- glance visibility into the behavior of the entire fleet in real time. From his office, the Solid Waste Manager can make quick and effective business decisions that reduce costs, improve efficiency and produce better driver behavior. Routeware provides advanced software solutions as an adjunct to Solid Waste Collection. This software and hardware tracks vehicles, routes and collections at each home or business. The Solid Waste Manager can then evaluate data to determine different means of optimizing the City's refuse and recycling services. In addition, RS tracks recycling participation, lessening the effort required to meet our required recycling percentage for reimbursement. Data collected includes (but not limited to): • Collection time (time at stop, duration of stop) • Photos (overloaded dumpsters, bins not set out, or bins to close to cars) • Route deviation and idle time • Time on route and time at the transfer stations • Number of trips to transfer stations • Miles driven • Tonnage collected by route per day RS utilizes instant messaging functionality for communication between Drivers and Supervisors that is compliant with no-texting laws. This feature will allow the City to discontinue the drivers cell phones plans. After the RS is installed and its use mastered, the real time data (the HeatMap) of the fleet can be shared with customers via a link on the City's web page. The City's customers, from their personal computers, will be Page 488 of 736 able to see their service trucks location and where they've been. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The RS will allow the City's sanitation fleet to be more productive and improve efficiency, service, and safety. RS allows Managers and Supervisors to make quick and effective business decisions that reduce costs, improve efficiency and produce better driver behavior. In addition, the drivers will no longer need to provide the drivers with cell phones saving the City approximately $1,800 per month. FISCAL IMPACT: Budgeted Funds are included in the approved FY17/18 budget under account number 431-2515-534-49-17. Routware operations will begin in J my with three months remaining in this fiscal year. Remaining Expenses= $10,092.92 * 3 months = $30,278.76 1 nstallation Cost= $92,827 Total Cost FY 2017/18 = $123,105.76 Additional funds needed are $8,105.76 and will be taken utilizing a portion of the $100,000 budgeted for landfill monitoring that will not be spent this fiscal year. ALTERNATIVES: To continue the normal operations using two way radio and cell phone communications along with our current computer system. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Routeware START DATE: 3/1/2017 END DATE: 2/28/2019 CONTRACT VALUE: Page 489 of 736 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Subject to extension upon mutual agreement ATTACHMENTS: Type Description Resolution authorizing the City Manager to sign D Resolution the proposal with Routeware for onboard computing system for Public Works D Addendum Routeware Proposal D Addendum Routeware® Contract D Addendum Routeware®Authorization Letter D Exhibit Powerpoint Overview of Routeware Page 490 of 736 1 RESOLUTION NO. R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN A PROPOSAL WITH ROUTEWARE, INC., 7 OF PORTLAND, OR, UTILIZING THE HGAC-BUY CONTRACT 8 #FL03-17 FOR THE PURCHASE OF ONBOARD COMPUTING 9 SYSTEM FOR INSTALLATION IN PUBLIC WORKS SOLID 10 WASTE VEHICLES FOR THE AMOUNT OF $92,827.00 PLUS 11 TRAVEL COSTS NOT TO EXCEED $7,500.00; PLUS MONTHLY 12 MAINTENANCE FEE OF $10,092.92 FOR AN ESTIMATED 13 ANNUAL EXPENDITURE OF $121,116.00; AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 17 WHEREAS, the Public Works Solid Waste Division would like to purchase and 18 implement the Routeware System which will allow Public Works to more efficiently 19 discharge its solid waste collection duties, resulting in fewer issues with routes and pick-ups; 20 and 21 WHEREAS, Routeware provides advanced software solutions as an adjunct to Solid 22 Waste Collection which will track vehicles, routes and collections at each home or business 23 and then can be evaluated by the Solid Waste Manager to determine different means of 24 optimizing the City's refuse and recycling services; and 25 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 26 recommendation of staff, deems it to be in the best interests of the City residents to Authorize 27 the City Manager to sign a proposal with Routeware, Inc. of Portland, OR, utilizing the HGACBuy 28 Contract # FL03-17 for the purchase of onboard computing system for installation in Public Works 29 Solid Waste vehicles for the amount of $92,827.00 plus travel costs not to exceed $7,500.00. In 30 addition to the purchase cost there will be a monthly maintenance fee of$10,092.92 for an estimated 31 annual expenditure of$121,116.00. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C61ECB7C-B7BF-4E90-8870-843A483FF9E9\Boynton Beach.9910.1.Routeware_(onboard_computing_system)_-_Reso.doc Page 491 of 736 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 33 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption 36 hereof. 37 Section 2. The City Commission hereby approves and authorizes Authorize the 38 City Manager to sign a proposal with Routeware, Inc. of Portland, OR, utilizing the HGACBuy 39 Contract # FL03-17 for the purchase of onboard computing system for installation in Public Works 40 Solid Waste vehicles for the amount of $92,827.00 plus travel costs not to exceed $7,500.00. In 41 addition to the purchase cost there will be a monthly maintenance fee of$10,092.92 for an estimated 42 annual expenditure of$121,116.00, a copy of the proposal is attached hereto as Exhibit"A." 43 Section 3. This Resolution shall become effective immediately upon passage. 44 PASSED AND ADOPTED this day of , 2018. 45 CITY OF BOYNTON BEACH, FLORIDA 46 47 YES NO 48 Mayor— Steven B. Grant 49 50 Vice Mayor—Christina L. Romelus 51 52 Commissioner—Mack McCray 53 54 Commissioner—Justin Katz 55 56 Commissioner—Joe Casello 57 58 59 VOTE 60 ATTEST: 61 62 63 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C61ECB7C-B7BF-4E90-8870-843A483FF9E9\Boynton Beach.9910.1.Routeware_(onboard_computing_system)_-_Reso.doc Page 492 of 736 64 Judith A. Pyle, CMC 65 City Clerk 66 67 68 69 (City Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C61ECB7C-B7BF-4E90-8870-843A483FF9E9\Boynton Beach.9910.1.Routeware_(onboard_computing_system)_-_Reso.doc Page 493 of 736 t. - �t�r= Y r r r t i M� OmumT�EWAR Pro"osal for City of Boynton Beach Public Works Prepared by Jay Nichols jnicolsrouteare.com 1 (678) 653-9818 www.routeware.com Page 494 of 736 �� Sales Contact: Jay Nichols Date:February 6,2018 Phone: (678)653-9818 Order Expires:May 6,2018 Email: jnichols@routeware.com Order# 1109-R13 Statement i ility & Non-Disclosur This document contains proprietary and confidential information. All information and data submitted to City of Boynton Beach Public Works is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with Routeware, Inc. The recipient of this document agrees to inform present and future employees of City of Boynton Beach Public Works who view or have access to its content of its confidential nature. The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent that such information is generally known to, and is available for use by, the public. The recipient also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without Routeware, Inc.'s express written consent. Routeware retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing materials, and multi-media. BY ACCEPTANCE OF THIS DOCUMENT THE RECIPIENT AFOREMENTIONED . Order# 1109-R13 I Date: February 6, 2018 ® ® ' r 0 6 , , 6 1 11 . 11 1 11 . 6 �� Sales Contact: Jay Nichols Date: February 6,2018 Phone: (678)653-9818 Order Expires: May 6,2018 Email: jnichols@routeware.com Order# 1109-R13 Customer: City of Boynton Beach Public Contact: Jeff Livergood Ship to: City of Boynton Beach Public Works Works Phone: (561)742-6201 222 NE 9th Ave 222 NE 9th Ave Email: livergoodj@bbfl.us Boynton Beach, FL 33435 Boynton Beach, FL 33435 HARDWARE DESCRIPTIONITEM# QTY UNIT PRICE TOTAL Regular Duty Tablet 9.7"with Full Install Kit(Android)- 4-921-A price subject to change based upon market changes in 47 $750.00 $35,250.00 price and availability BA-PROX-A Regular Duty Tablet, Proximity Switch 18 $100.00 $1,800.00 4-925-S Regular Duty Tablet 9.7" (Android)-Spare unit with no 4 $780.00 $3,120.00 cellular connectivity RWCAM100-BA-A Two Camera System for Android (RD) 18 $450.00 $8,100.00 Hardware Total: $48,270.00 SOFTWARE DESCRIPTIONITEM# QTY UNIT PRICE TOTAL SW License-Camera Camera License 47 $156.00 $7,332.00 SW License- RFO RouteMaker 1 $12,500.00 $12,500.00 Software Total: $19,832.00 SERVICES DESCRIPTIONITEM# QTY UNIT PRICE TOTAL Prof Svs- PM&T Project Management and Training 1 $10,000.00 $10,000.00 Prof Svs-Vehicle Inst Vehicle Installation 47 $275.00 $12,925.00 Prof Svs-Camera Inst Camera Installation 18 $100.00 $1,800.00 Services Total: $24,725.00 Order Total: $92,827.00 Payment Terms: Hardware&Software: 100%due upon execution of order and prior to shipment Services: Due 30 days from invoice date Monthly Fees: Due quarterly in advance per support plan terms and conditions Four(4) RD Android Tablets to be used as spare units and will be activated only upon customer request,at which time activation for units being replaced will be suspended.Additional monthly Service fee of$92.50 per unit will apply immediately if/when spare units are deployed as new units as opposed to replacements for existing units.The additional fee will apply retroactively for the period from ship date to deployment date. Travel& Expense for installation,training,and go-live not to exceed$7,500. Order#1109-1113 1 Date: February 6,2018 A - •. ® • • - ® •®. ®® • ••. ®® 6 �� Sales Contact: Jay Nichols Date: February 6,2018 RIOU Phone: (678)653-9818 Order Expires: May 6,2018 Email: jnichols@routeware.com Order# 1109-1113 Qty Price Monthly Cloud Hosting 1 595.00 595.00 Monthly Service Fee 47 185.00 8,695.00 Monthly Service Fee-Spare Units 4 92.50 370.00 Camera System Fee 47 5.00 235.00 RouteMaker Support-Annual 1 2,375.00 197.92 $10,092.92 Total per month Monthly Fees include the following: 1. CPU support 2. Monitor support 3. Camera support 4. Modem support 5. Cabling support 6. One-year warranty on hardware 7. Troubleshooting software in the vehicle 8. Troubleshooting the back office server 9. Routinely updating software in the vehicle with patches and fixes 10. Routinely updating software on the server with patches and fixes 11. Troubleshooting and monitoring the cellular network 12. Providing new functionality to vehicle software at no additional cost 13. Providing new functionality to back office software at no additional cost 14. Providing phone support 15. Imaging hardware with software 16. Performing hardware warranty work(for hardware purchased from Routeware) 17. Years of continuing research on the type of hardware that customers should purchase 18. Supporting and troubleshooting the RMS/billing interface 19. Consulting about best practices in waste fleet automation This Order and all products and services herein are subject to and limited to the terms and conditions contained in Routeware's Master Terms located at http://www.routeware.com/Clients.Any purchase orders issued in response to this Order,will be deemed acceptance of such terms and any acknowledgement Routeware issues is expressly conditioned on such acceptance. http://www.routeware.com/Clients Username: Cityof8oynton8each Password:C1ty0f80ynt0n83ach Order commitment is for 36 months of service. Prices are exclusive of any federal,state,or local taxes.The customer is responsible for all federal,state,and local taxes. This system requires a specific server to operate Routeware software,which may need to be purchased separately. This system requires cellular connectivity for each vehicle which may need to be purchased separately. Routeware is not a Billing or Route Management System (RMS)expert and does not represent any RMS or Billing company in any way. If route sequencing by Routeware is a requirement,additional professional services fees may apply. On-Board Computer software is sold as a perpetual license,allowing the license to be activated on replacement hardware. Any lapse in support voids perpetual license. Pricing does not include freight cost or travel expenses,which will be invoiced as they are incurred. Order# 1109-R13 I Date: February 6, 2018 ® ® ' • 0 1 . 1 . 11 1 . 1 . 6 �� Sales Contact: Jay Nichols Date: February 6,2018 Phone: (678)653-9818 Order Expires: May 6,2018 Email: jnichols@routeware.com Order# 1109-1113 I authorize this purchase subject to the terms and conditions of the Master Terms. City of Boynton Beach Public Works Signature Title Name(Printed) Date Routeware, Inc. Signature Title Name(Printed) Date Order# 1109-R13 I Date: February 6, 2018 ® ® ' r 0 1 11 . 11 1 11 . 6 Fleet Services Equipment .................................... ...........................Page I of 4 A CONTRACTBE"M FEN HOUSTON-GALVESTON AREA COUNCIL flouston.Texas AND ROUTEWARE,INC. Portland.,Oregon This Contract is made and entered into by the I-Iouston-Galveston Area Council of Governments,hereinafter referred to as H-GAC, having its principal place of business at 3555 Timmons Lane, Suite 120. Houston, Texas 77027, AND,Routeware. Inc., hereinafter referred to as the CONTRACTOR,having its principal place of business at 16.575 Southwest 7211 Avenue, Portland,Oregon 97224. ARTICLE 1: SCOPE OF SERVICES The parties have entered into a Fleet Services Equipment Contract to become effective as of March 1,2017,and to continue through February 28,2019(the"Contract"),subject to extension upon Mutual agreement of the CONTRACTOR and II-GAC. If-GAC enters into the Contract as Agent for participating governmental agencies,each hereinafter referred to as END USER,for the purchase of'Fleet Services Equipment offered by the CONTRACTOR. The CONTRACTOR agrees to sell Fleet Services Equipment through the 1:1- GAC Contract to END USERS, ARTICLE 2: Tim COMPLETE AGREEMENT The Contract shall consist of the documents identified below in order of precedence: 1. The text of this Contract form,including but not limited to,Attachment A 2. General Terms and Conditions 3. Bid Specifications No:F1,03-17,including any relevant suffixes 4. CONTRACTOR's Response to Bid No: FL03-17,including but not limited to,prices and options offered All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the complete agreement between the parties hereto,This Contract Supersedes any and all oral or written agreements between the parties rclaling to matters herein. Except as otherwise provided herein,this Contract cannot be modified without the written consent of both parties. ARTICLE 3: LEGAL AUTHORITY I CONTRACTOR and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this Contract. The governing bodies.where applicable,have authorized the signatory officials to enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto. ARTICLE 4: APPLICABLE LAWS The parties agree to conduct all activities under this Contract in accordance with all applicable rules,regulations,directives,issuances, ordinances.,and laws in effect or promulgated during the term of this Contract. ARTICLE 5: INDEPENDENT CONTRACTOR The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H-GAC or CONTRACTOR. No provision of this Contract or act of H-GAC in performance of this Contract shall be construed as making CONTRACTOR the agent., servant or employee of II-GAC.. the State of Texas or the United States Government, Employees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for employee payrolls and claims arising therefrom. ARTICLE 6: END USER AGREEMENTS H-GAC acknowledges that the END I'SER may choose to enter into an End User Agreement with the CONTRACTOR through this Contract and that the term of said Agreement may exceed the term of the H-GAC Contract. However this acknowledgement is not to be construed as Ill-GAO's endorsement or approval of the End User Agreement terms and conditions. CONTRACTOR agrees not to offer, agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR's H-GAC contract. Further,termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into between CONTRACTOR and any END USER which shall,in each instance.continue pursuant to their stated terms and duration.The only effect of termination of this Contract is that CONTRACTOR will no longer be able to enter into any new End User Agreements with END USERS pursuant to this Contract. Applicable 11-GAC order processing charges will be due and payable to 1111-GAC on any End User Agreements surviving termination of this Contract between H-GAC and CONTRACTOR. )PI(ONTRACIS,"Heet Set-vices F(juipment"RoutoA are,JnCTl(J3-1^7 16 Page 499 of 736 Fleet Services Equipment Pate 2 of 4 ARTICLE 7: SUBCONTRACTS&ASSIGNMENTS CONTRACTOR agrees not to subcontract,assign,transfer,convey,sublet or otherwise dispose ofthis Contract or any right,title,,obligation or interest it may have therein to any third party without prior written notice to H-GAC. H-GAC reserves the right to accept or reject any such change. CONTRACTOR shall continue to remain responsible for all performance under this Contract regardless of any subcontract or assignment. H-GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees. ARTICLE 8: EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS CONTRACTOR shall maintain during the course of its work,complete and accurate records of items that are chargeable to END USER under this Contract. H-GAC,through its staff or its designated public accounting firm,the State of Texas,or the United States Government shall have the right at any reasonable time to inspect copy and audit those records on or Off the premises of CONTRACTOR. Failure to provide access to records maybe cause for termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period of not less than five(5)calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation,auditor claim has been resolved. The right of access to records is not limited to the required retention period,but shall last as long as the records are retained. CONTRACTOR further agrees to include in all subcontracts under this Contract,a provision to the effect that the subcontractor agrees that H-GAC'S duly authorized representatives,shall,until the expiration of five(5)calendar years after final payment under the subcontract or until all audit findings have been resolved,have access to,and the right to examine and copy any directly pertinent books,documents,papers, invoices and records of such subcontractor involving any transaction relating to the subcontract. ARTICLE 9: REPOR'T'ING REQUIREMENTS CONTRACTOR agrees to submit reports or other documentation in accordance with the General Terms and Conditions of the Bid Specifications. If CONTRACTOR fails to submit to H-GAC in a timely and satisfactory manner any such report or documentation,or otherwise fails to satisfactorily render performance hereunder,such failure may be considered cause for tennination of this Contract. ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE If CONTRACTOR,at any time during this Contract,routinely enters into agreements with other governmental customers within the State of'rexas,and offers the same or substantially the same products/services offered to 11-GAC on a basis that provides prices,warranties, benefits,and or terms more favorable than those provided to II-GAC,CONTRACTOR shall notify H-GAC within ten(10)business days thereafter of that offering and this Contract shall be deemed to be automatically amended effective retroactively to the effective date of the most favorable contract,wherein CONTRACTOR shall provide the same prices,warranties,benefits,or terms to IT-GAC and its END USER. [1-GAC shall have the right and option at any time to decline to accept any such change,in which case the amendment shall be deemed null and void. If CONTRACTOR is of the opinion that any apparently more favorable price,warranty,benefit,or term charged and/or offered a customer during the term of this Contract is not in fact most favored treatment,CONTRACTOR shall within ten(10) business days notify H-GAC in writing,setting forth the detailed reasons CONTRACTOR believes aforesaid offer which has been deemed to be a most favored treatment,is not in fact most favored treatment. 11-GAC,after due consideration of such written explanation,may decline to accept such explanation and thereupon this Contract between H-GAC and CONTRACTOR shall be automatically amended, effective retroactively,to the effective date of the most favored agreement,to provide the same prices,warranties,benefits,or terms to If]- GAC. The Parties accept the following definition of routine:A prescribed,detailed course of action to be followed regularly:a standard procedure. EXCEPTION. This clause shall not be applicable to prices and price adjustments offered by a bidder,proposer or contractor,which are not within bidder's/proposer's control(example; a manufacturer's bid concession/, or to any prices offered to the Federal Government and its agencies. ARTICLE 11: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable,such determination shall not affect any other term of this Contract,which shall continue in full force and effect. ARTICLE 12: DISPUTES Any and all disputes concerning questions of factor of law arising under this Contract,which are not disposed of by agreement,shall be decided by the Executive Director of 11-GAC or his designee,who shall reduce his decision to writing and provide notice thereof to CONTRACTOR. The decision of the Executive Director or his designee shall be final and conclusive unless,within thirty(10)days from the date of receipt of such notice,CONTRACTOR requests a rehearing from the Executive Director of 11-GAC. In connection with any rehearing under this Article,CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. CONTRACTOR may,if it elects to do so,appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with It-GAL'S final decision. WTONTRAC TS•.Fleet Services FquipmentTouteware,lnc.1103-IT 16 Page 500 of 736 Fleet Service.s.._tiqu_ipment.................__..�_ Page 3 of 4 ARTICLE 13: LIMITATION OF CONTRACTOR'S LIABILITY Except as specified in any separate writing between the CONTRACTOR and an END USER,CONTRACTOR's total liability under this Contract,whether for breach of contract,warranty,negligence,strict liability.in tort or otherwise,but excluding its obligation to indemnify H-GAC described in Article 14,is limited to the price of the particular products/semices sold hereunder,and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s)that are not as warranted. In no event will CONTRACTOR be liable for any loss of use,loss of time,inconvenience,commercial loss,lost profits or savings or other incidental,special or consequential damages to the full extent such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amount~determined by 11-GAC,its independent auditors,or any agency of State or federal goverment to have been paid in violation of the terms of this Contract. ARTICLE 14: LIMIT OF H-GAC'S LIABILITY AND INDEMNIFICATION OF H-GAC H-CAC's liability under this Contract,whether for breach of contract,warranty,negligence, strict liability,in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use,loss of time,inconvenience,commercial loss,lost profits or savings or other incidental,special or consequential damages to the full extent Such use may be disclaimed by law. Contractor agrees,to the extent permitted by law,to defend and hold harmless H-GAC, its board members, officers,agents,officials,employees,and indemnities from any and all claims, costs, expenses(including reasonable attorney fees), actions, causes of action, judgments, and liens arising as a result of CONTRACTOR's negligent act or omission under this Contract. CONTRACTOR shall notify H-GAC of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract. ARTICLE 15: TERMINATION FOR CAUSE 13-GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or conditions oftite Contract,provided that H-GAC shall give CONTRACTOR written notice specifying CONTRACTOR'S failure. If within thirty(30) days after receipt of such notice, CON'TRACT'OR shall not have either corrected such failure, or thereafter proceeded diligently to complete such correction,then 11-GAC may,at its option,place CONTRACTOR in default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to H-GAC:any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR. ARTICLE 16: TERMINATION FOR CONVENIENCE Either H-GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty(30)days written notice to the other. CONTRACTOR may be entitled to payment from END USER for services actually performed:to the extent said services are satisfactory to END USER.CONTRACTOR shall pay to 11-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR. ARTICLE 17: CML.AND CRIMMAL PROVISIONS AND SANCTIONS CONTRACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set forth by H-GAC,the State of Texas and the acts and regulations of any funding entity.CONTRACTOR agrees to notify H-GAC of any suspected fraud,abuse or other criminal activity related to this Contract through filing ofa written report promptly after it becomes aware of such activity. ARTICLE 18: GOVERNING LAW&VENUE This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Contract shall lie exclusively in Harris County.Texas. Disputes between ENI)USER and CONTRACTOR are to be resolved in accord with the law and venue rules ofthe state of`purchase. CONTRACTOR shall immediately notify H-C.AC of such disputes. ARTICLE 19: PAYMENT OF H-GAC ORDER PROCESSING CHARGE CONTRACTOR agrees to sell its products to END USERS based on the pricing and other terms of this;Contract, including,but not limited to,the payment of the applicable H-GAC order processing charge. On notification from an END USER that an order has been placed with CONTRACTOR.H-GAC will invoice CONTRACTOR for the applicable order processing charge.Upon delivery of any producu'sem,ice by CONTRACTOR and acceptance by END USER,CONTRACTOR shall,within thirty(30)calendar day,or ten(10) business days after receipt ofpayment,whichever is less.pay H-GAC the full amount of the applicable order processing charge,whetheror not CONTRACTOR has received an invoice from H-GAC. For sales made by CONTRACTOR based on this contract,including sales to entities without Interlocal Contracts, CONTRACTOR shall pay the applicable order processing charges to H-GAC. Further, CONTRACTOR agrees to encourage entities who are not members of H-CAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Contract. H-GAC reserves the right to take appropriate actions including, but not limited to, contract termination if CONTRACTOR fails to promptly remit H-GAC's order processing charge.. In no event shall Ill-(;AC have any liability to CONTRACTOR for any goods or services an END USER procures from CONTRACTOR. H^.0 ONTRAC"IS fleet Seroces L(juipmenrAoutew ire, Page 501 of 736 --------- Fleet Services Equipment Page 4 of ARTICLE 20: LIQUIDATED DAMAGES L.;.= Any liquidated damages ten-ns will be determined between CONTRACTOR and END USER at the time END USER's purchase order is placed. ARTICLE 21: PERFORMANCE AND PAYMENT BOND FOR INDIVIDUAL ORDERS H-GAO's contractual requirements DO NOT include a Performance&Payment Bond(PP13),and offered pricing should reflect this Cost saving. I lowever, CONTRACTOR must be prepared to offer a PPB to cover any specific order if so requested by END USER. CONTRACTOR shall quote a price to END USER liar provision ol'any requested PPB, and agrees to furnish the PPB within ten business(10)days of receipt of END USFR's purchase order. ARTICLE 22: CHANGE OF CONTRACTOR STATUS CONTRACTOR shall immediately notify 11-GAC,in writing,of ANY change in ownership.,control,dealership/tranchisee status,Motor Vehicle license status.or name,and shall also advise whether or not this Contract shall be affected in any way by such change. 11-GAC shall have the right to determine whether or not such change is acceptable,and to determine what action shall be warranted,up to and including cancellation of'Contract. ARTICLE 23: LICENSING RFOUIRED BY TEXAS MOTOR VEHICLE BOARD 11FAPPLICABLF1 CONTRACTOR will,for the duration of this Contract,maintain current licenses that are required by the Texas Motor Vehicle Commission Code.If at any time during this Contract period,any CONTRAGFOR'S license is not renewed,or is denied or revoked.CONTRACTOR shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues -stay or waiver. Contractor shall promptly provide copies ol'all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. IN WITNESS WHERE-OF,the parties have caused this,Contract to be executed by their duly authorized representatives. Signed for Houston-Galveston Area Council.Houston,Texas: Attest for Houston-Galveston Area Council.Houston,Texas: Dc/e 'ck, irect of Public.Services Date: Signed ft)r Routeware,Inc. Portland.Oreg --------- Printed Name&I'itle: Thomas M. Malone,CEO Date:- t 9 .20 Attest for Routeware.Inc. Portland,Oregon: Printed Name&Title: Shanna Peralta,Secretary Datc: 2, 1 ,?- q- .20-43 WCONTRA(A'STIccl Suffices Ific 1-1J);-1*?.16 Page 502 of 736 Attachment A Routeware, Inc. Fleet Services Equipment Contract No,: FL03-17 --HGACPRODUCT MANUFACTURER AND CATALOG t MODEL t HIGAC PRICE CODE SYSTEM G: Fleet GPS Trackin f Fleet Management.Software Solutions G06 Routeware:"Basic"solution(per vehicle license.priced as `500;required a single vehicle,home office license):web based fleet services as per management:cloud hosted;GPS;real-time,cellular form-E (CDMA&GSA i6PRS), light duty vehicle applications; (installation/vehicle Xirgo XT2050C GPS transponder-cellular modem(013DII and initial setup) interface):home office software includes dashboard,,, reports,mapping,route playback,geofencing,breadcrumb traits,vehicle proximity to landmarks and addresses; Alerts &notifications include speeding,idling,engine on'of£ mileage.,time G07 Routeware:"Premium"solution(per vehicle license,priced $3,750- required as a single vehicle,home office license): web based fleet services as per management:operations efficiency.cloud hosted and,onsite 1`orm-E(Command server options,inclusive of Basic solution features.GPS: &Control software, real-time;cellular(CDMA&GSWOPRS);light duty project management vehicle applications:Sierra Wireless(;Y400 GPS and training transponder-cellular modem(OBDIII interface);touch services,etc.) screen computer options:driver records pickups,skips, extras,timers,comments;turn-by-tum directions;route based or work order based,home office software includes: dashboards.route management,work order management, alerts,driver messaging interface,route details,customer service,mapping,reporting,mapping functionality includes: bread crumb trails,route playback,geofencing, proximity to landmarks and addresses-,alerts and notifications include speeding,idling,engine on./off, mileage.time,behind schedule,off route,timers ................................ ....................................... Page 503 of 736 ROUTEWARE® 16575 SW 72"d Ave. (503)906-8500—Corporate Offices !:: Portland, OR 97224 (877)906-8550—Toll Free www.routeware.com (503)906-8544—Fax April 5, 2018 City of Boynton Beach Public Works 222 NE 91h Ave. Boynton Beach, FL 33435 To Whom It May Concern, This letter is to confirm that the attached pricing presented to Boynton Beach reflects approved pricing through HGACBuy(https://www.hgacbuy.org). Routeware's contract number under HGAC is FL03-17 and our HGAC Product Codes are G06 and G07. Should the City require any further information about our HGAC partnership, please do not hesitate to contact me. Best regards, Jay F. 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PUBLIC HEARING 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-005 - SECOND READING - Approve Telecommunications in Public Rights-of-Way (CDRV 18-001) - Amending Part II Code of Ordinances Chapter 25.1 Communications Facilities in Right-of-Way for consistency with the State's Advanced Wireless Infrastructure Deployment Act. City-initiated. EXPLANATION OF REQUEST: The Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations applicable to communications facilities in the public rights-of-way. The proposed amendments are to Chapter 25.1 of Part I I of the Code of Ordinances. Staff has simultaneously prepared related amendments to Chapter 3 of Part I11. Land Development Regulations, to maintain consistency with the proposed amendments to Chapter 25.1. The proposed amendments to Chapter 3 also include provisions for amateur radio towers and antennas to ensure compliance with requirements and restrictions of the Federal Communications Commission (FCC). The amendments to Chapter 3 are now being processed under a separate ordinance, and will soon return to the Commission for consideration. The proposed code revisions establish uniform standards and guidelines for the siting, design, and permitting of communication towers, communication antennas, and wireless communication facilities sited within public rights-of-way, and establish review procedures to ensure that applications for same are acted upon consistent with state and federal laws. The recommended amendments also seek to minimize visual and other impacts of wireless communication facilities on surrounding areas by establishing standards for location, design, landscape screening, and compatibility. Following First Reading of the Ordinance, and receipt of feedback from representatives for certain communications and telecommunications companies, staff made additional revisions to the proposed regulations taking into consideration the comments from others while maintaining compliance with and/or furthering the intent of the Act. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 513 of 736 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance D Amendment Exhibit"A" ® Chapter 25.1 (Proposed Amendments) D Staff Report Staff Report Page 514 of 736 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CHAPTER 25.1, OF THE CITY CODE REGARDING 5 COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS-OF- 6 WAY; IMPLEMENTING THE ADVANCED WIRELESS 7 INFRASTRUCTURE DEPLOYMENT ACT; MAKING FACTUAL AND 8 LEGISLATIVE FINDINGS; ADOPTING AND AMENDING CITY 9 REGULATIONS RELATED TO, WITHOUT LIMITATION, 10 PLACEMENT, MAINTENANCE, AND REPLACEMENT OF 11 WIRELESS AND OTHER COMMUNICATIONS FACILITIES IN THE 12 CITY'S RIGHTS-OF-WAY, COLLOCATION OF SMALL WIRELESS 13 FACILITIES ON EXISTING UTILITY POLES, PLACEMENT OF NEW 14 UTILITY POLES, INSURANCE AND SURETY BOND 15 REQUIREMENTS, PERMITTING PROCEDURES AND 16 REQUIREMENTS, APPEALS, SAFETY REQUIREMENTS, WAIVERS, 17 REVIEW DEADLINES, DEFINITIONS, REGISTRATION OF 18 COMMUNICATIONS SERVICE PROVIDERS, AND FEES; 19 PROVIDING OBJECTIVE DESIGN STANDARDS; PROVIDING FOR 20 CITY COMMISSION AUTHORITY, CODIFICATION, 21 SEVERABILITY, CONFLICTS,AND AN EFFECTIVE DATE. 22 23 WHEREAS,the Florida Legislature adopted, and on June 23,2017 the governor signed 24 into law, effective July 1, 2017, the Advanced Wireless Infrastructure Deployment Act (the 25 "Act"), codified at Florida Statutes § 337.401, which places certain limitations on local 26 government authority to regulate wireless communications facilities within the public rights- 27 of-way; and 28 29 WHEREAS, the Act provides at Florida Statutes § 337.401(7)(d) that, "Except as 30 provided in this subsection, an authority may not prohibit,regulate, or charge for the collocation 31 of small wireless facilities in the public rights-of-way;" and 32 33 WHEREAS,passage of the Act necessitates that the City amend the City Code in order 34 to implement the Act, ensure that the City's regulations governing wireless communications 35 facilities in the rights-of-way are consistent therewith, and to adopt new regulations as are 36 consistent with the Act; and 37 38 WHEREAS, the Act at Florida. Statutes § 337.401(7)(b)2. authorizes local 39 governments to adopt various types of regulations governing wireless facilities in the rights-of- 40 way, including but not limited to "objective design standards" that may require wireless 41 facilities to "meet reasonable location context, color, stealth, and concealment requirements," 42 and "reasonable spacing and location requirements concerning the location of ground-mounted 43 equipment"; (aesthetics, landscaping, land use based location priorities, structural design, 44 and setbacks). 45 1 Page 515 of 736 46 WHEREAS,the Act substantially preserves local government authority to regulate the 47 installation of new utility poles in the public rights-of-way, providing at Florida Statutes § 48 337.401(7)(d)6. that, "Except as provided in subparagraphs 4 and 5, the installation of a utility 49 pole in the public rights-of-way designed to support a small wireless facility shall be subject to 50 authority rules or regulations governing the placement of utility poles in the public rights-of- 51 way and shall be subject to the application review timeframes in this subsection"; and 52 53 WHEREAS, the Act at Florida Statutes § 337.401(7)(b)5. does not apply to wireless 54 facilities on rights-of- way under the jurisdiction and control of the Florida Department of 55 Transportation; and 56 57 WHEREAS, the Act at Florida Statutes § 337.401(7)(k) does not authorize wireless 58 facilities on rights-of- way in historic areas designated by the state or local government, and 59 "does not limit a local government's authority to enforce historic preservation zoning 60 regulations consistent with the preservation of local zoning authority under 47 U.S.C. § 61 332(c)(7),the requirement for facility modifications under 47 U.S.C. § 1455(a), or the National 62 Historic Preservation Act of 1966, as amended, and the regulations adopted to implement such 63 laws"; and 64 65 WHEREAS, the Act authorizes a municipality to adopt by ordinance reasonable and 66 nondiscriminatory provisions for insurance coverage, indemnification, performance bonds, 67 security funds, force majeure, abandonment, authority liability, or authority warranties; and 68 69 WHEREAS, the Florida Supreme Court held unanimously in City of Hollywood v. 70 Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006), that Article VIII, section 2(b) of the Florida 71 Constitution and the Home Rule Powers Act, Florida Statutes § 166.021(3)(c), grant 72 municipalities "broad authority to enact ordinances under its municipal home rule powers" and 73 that "[ a ]nder its broad home rule powers, a municipality may legislate concurrently with the 74 Legislature on any subject which has not been expressly preempted to the State"; and 75 76 WHEREAS, the Florida Supreme Court recognized on June 22, 2017, in D 'Agastino 77 v. City ofMiami(No. SC 16-645),that "a finding of express preemption-that the Legislature has 78 specifically expressed its intent to preempt a subject through an explicit statement-is a very high 79 threshold to meet" and that "implied preemption involving a municipality's home rule powers 80 may be disfavored"; and 81 82 WHEREAS, the D 'Agastino Court held that one "must be careful and mindful in 83 attempting to impute intent to the Legislature to preclude a local elected governing body from 84 exercising its home rule powers," with Justice Pariente correctly explaining that "implied 85 preemption should be construed narrowly to comport with the Home Rule Powers Act and the 86 Florida Constitution"; and 87 88 WHEREAS,the Federal Telecommunications Act, 47 U.S.C. § 332(c)(7)(A)preserves 89 local zoning authority with respect to "decisions regarding the placement, construction, and 90 modification of wireless service facilities"; and 91 2 Page 516 of 736 92 WHEREAS, the City of Boynton Beach has a substantial and significant public 93 interest in regulating the siting of communication towers, communication antennas, and 94 wireless communication facilities to promote the public health, safety, aesthetics, and general 95 welfare; and 96 97 WHEREAS, the City of Boynton Beach has a substantial and significant public 98 interest in protecting residential areas and land uses from potential adverse impacts of 99 communication towers, communication antennas, and wireless communication facilities; and 100 101 WHEREAS, such public interest extends to protecting, preserving and maintaining 102 the health, safety and welfare of the users of the public rights-of-way, while also protecting, 103 preserving and maintaining the aesthetic character of areas where such rights- of-way exist; 104 and 105 106 WHEREAS, the City of B o y n t o n B e a c h desires to avoid potential damage to 107 adjacent properties from tower or wireless communication facility failure through engineering 108 and careful siting; and 109 110 WHEREAS,the City finds that this Ordinance will advance the public health, safety, 111 and welfare, and help to preserve the unique and extraordinary aesthetic qualities of the City, 112 all within the bounds of the Act and other state and federal laws governing communications 113 facilities. 114 115 NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE 116 CITY OF BOYNTON BEACH, FLORIDA as follows: 117 118 119 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true 120 and correct and are hereby made a part of this Ordinance. 121 122 SECTION 2. Amendment of City Code. Part 11, "Code of Ordinances", Chapter 25.1, 123 "Communications Rights-of-Way", of the City of Boynton Beach Code of Ordinances be, and 124 the same are hereby amended as provided in Exhibit"A", which is attached to this Ordinance, 125 and hereby incorporated by reference (words that are stricken out are deletions; words that are 126 underlined are additions).' 127 128 SECTION 3. Codification and Reservation of Rights. This Ordinance shall be incorporated 129 into the Boynton Beach City Code. Any section, paragraph number, letter and/or any heading 130 may be changed or modified as necessary to effectuate the foregoing. Grammatical, 131 typographical and similar or like errors may be corrected, and additions, alterations, and 132 omissions not affecting the construction or meaning of this ordinance and the City Code may 133 be freely made. Adoption and codification of this ordinance does not waive the city's right to 134 contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness 135 of the Act or any part thereof and the city hereby reserves the right to contest and otherwise 136 challenge the Act. 1 Revisions made for second reading of ordinance. 3 Page 517 of 736 137 138 SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or 139 provision of this ordinance is for any reason held invalid or unconstitutional by any court of 140 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 141 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 142 the validity of the remaining portions of this ordinance. 143 144 SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and any 145 other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as 146 allowable under the law. 147 148 SECTION 6. Effective date. This Ordinance shall become effective immediately upon 149 adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all 150 existing and future applications for permits. 151 152 FIRST READING this day of 2018. 153 154 SECOND, FINAL READING AND PASSAGE this day of 155 2018. 156 157 CITY OF BOYNTON BEACH, FLORIDA 158 159 YES NO 160 161 Mayor— Steven B. Grant 162 163 Vice Mayor— Christina L. Romelus 164 165 Commissioner—Mack McCray 166 167 Commissioner—Justin Katz 168 169 Commissioner—Joe Casello 170 171 172 VOTE 173 ATTEST: 174 175 176 177 Judith A. Pyle, CMC 178 City Clerk 179 180 181 182 (Corporate Seal) 183 4 Page 518 of 736 PART II. CODE OF ORDINANCES CHAPTER 25.1 - COMMUNICATIONS RIGHTS-OF-WAY Sec. 25.1-1 Title. This Chapter shall be known and may be cited as the City of Boynton Beach Communications Facilities in Public Rights-of Way Ordinance. Sec. 25.1-2. Intent and Purpose; Applicability to State-controlled Rights-of-Way. Intent and purpose. It is the intent of the city to promote the public health, safety and general welfare by: (a) providing for the placement or maintenance of communications facilities in the public rights-of-way within the city; (b) adopting and administering reasonable rules and regulations not inconsistent with state and federal law, including Florida Statutes § 337.401 as it may may be amended by the Advanced Wireless Deployment Act, the city's home-rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other federal and state law; (c) establishing reasonable rules and regulations necessary to manage the placement or maintenance of communications facilities in the public rights-of-way by all communications services providers; (d) protecting the city's unique and extraordinary aesthetic qualities; and (e) minimizing disruption to the public rights-of-way. In regulating its public rights- of-way, the city shall be governed by and shall comply with all applicable federal and state laws. State-controlled rights-of-way. This chapter shall apply to wireless and communications facilities in public rights-of-way under the control and jurisdiction of the city. This article shall also apply to wireless and communications facilities in public rights-of-way under the control and jurisdiction of the Florida Department of Transportation, provided that the City is authorized to apply this article under a permit-delegation agreement between the city and Department in accordance with F.S. � 337.4010)(a), or as otherwise provided by law. Sec. 25.1-3. Definitions. (1) Generally. For purposes of this chapter, the following terms, phrases, words and their abbreviations and derivations shall have the meaning given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number; and the masculine gender includes the feminine gender. "And" and "or" may be read conjunctively or disjunctively. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined in this chapter shall be given the meaning set forth in Title 47 of the United States Code, and, if not defined therein, their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. (2) Definitions: Abandonment shall mean the permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. For example, cessation of all use of a cable 100225062.1306-90018211 Page 519 of 736 within a conduit, where the conduit continues to be used, shall not be Abandonment of a facility in public rights-of-way. Antenna means any transmitting or receiving device mounted on, within, or incorporated into a or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), light, wireless telecommunications signals or other communication signals. For the purposes of this , the term "antenna" does not include any device designed for over-the-air reception of radio or television broadcast signals, or multi-channel multi-point distribution service. Applicable codes means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization and the Florida Building Code and the Florida Fire Prevention Code and or local amendments to those codes enacted to address building, accessibility and fire code standards and threats of destruction of property or injury to persons, or local codes or ordinances adopted to implement this subsection. The term includes objective design standards adopted by ordinance that may require a small wireless facility to meet reasonable location context, color, stealth, and concealment requirements. The term also includes objective design standards adopted by ordinance that may require a new utility pole that replaces an existing utility pole to be of substantially similar design, material, and color or that may require reasonable spacing requirements concerning the location of ground-mounted equipment. Applicant means the person registering and applying to locate wireless facilities in the right-of- way of the city and includes the applicant's successors-in-interest and anyone owning and maintaining the wireless facilities. Application means a request submitted by an application to an authority for a permit to place or co-locate wireless facilities. Authority means a county or municipality having jurisdiction and control of the public rights-of-way of any public road. City shall mean the City of Boynton Beach, Florida. Where appropriate, the word "City" may refer to the City Commission or the relevant City officer or Board considering an application under this chapter. City-owned real property means real property to which the city holds title, easement, or a leasehold interest, but does not include the public rights-of-way. City-owned facility or city-owned structure means any facility, structure or infrastructure to which the city holds title, easement, or a leasehold interest, including, but not limited to, communications facilities, utility poles, towers, buildings, and communications infrastructure, regardless of whether located within or outside the public rights-of-way. Cluttered shall mean placement in a confused, disordered, disorganized, or mumbled or crowded state, which can occur when too much is located in too small of an area given the reasonable location context. Collocation means to install, mount, maintain modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does 100225062.1306-90018211 Page 520 of 736 not include the installation of a new utility pole or wireless support structure in the public rights- of-way. Communications Services shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Communications Services Provider shall mean any person, including a municipality or county, providing communications services through the placement or maintenance of a communications facility in public rights-of-way. Communications Services Provider shall also include any person, including a municipality or county, that places or maintains a communications facility in public rights-of-way but does not provide communications services. Communications FacilityLlesj or Facility or SystemLsj shall mean any permanent or temporary physical plant, equipment and property, including, but not limited to, cables,wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the public rights-of-way of the city and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services. The term includes wireless facilities. Concealed means an ancillary structure, equipment compound, or communications facility or area (collectively "physical improvements") that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on and adjacent to the proposed location of such physical improvements. FCC shall mean the Federal Communications Commission. In Public Rights-of-Way or in the Public Rights-of-Way shall mean in, on, over, under or across the public rights-of-way. Maintain shall mean to exercise physical control over a wireless facility in the public rights-of-way, including ownership or the right to maintain and repair. A person providing service only through resale or only through use of a third party's unbundled network elements is not "maintaining' the wireless facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way does not constitute "maintaining" facilities in the public rights-of-way. Micro wireless facility means a small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches. Ordinance shall mean this Ordinance. Pass-through provider means any person who, upon registering with the city, places or maintains a communications facility in the city's rights-of-way and that does not remit communications service taxes as imposed by the city pursuant to Florida Statutes Ch. 202. 100225062.1306-90018211 Page 521 of 736 Permit means the public rights-of-way permit that must be obtained before a person may construct in the public rights-of-way and shall include, but not be limited to, the City's public rights-of-way engineering and construction permits issued by the City Engineer or his or her designee. Person shall include any individual, child, firm, association,joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, all other groups or combinations, and shall include the city to the extent the city acts as a communications services provider. Place or maintain or placement or maintenance or placing or maintaining shall mean to erect, construct, install, maintain, grade, excavate, place, repair, extend, replace, expand, remove, occupy, locate or relocate. A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is placing or maintaining the facilities. A party providing service only through resale or only through use of a third party's unbundled network elements is not placing or maintaining the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of- way does not constitute placing or maintaining facilities in the public rights-of-way. Pole Attachment means any attachment of a wireless facility by a wireless provider to an existing utility pole or structure utilized for electric, telephone, cable television, street lights, or other lighting, and other utilities. Public Rights-of-Way shall mean a public right-of-way, public utility easement, public highway, street, lane, bridge, sidewalk, road,waterway, tunnel, alley, or similar property regardless of which governmental entity has jurisdiction and control over such for which the city is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the city holds a property interest therein. Public Rights-of-Way shall not include private property. Public Rights-of-Way shall not include any real or personal city property except as described above and shall not include city buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way. No reference herein, or in any permit, to public rights-of-way shall be deemed to be a representation or guarantee by the city that its interest o9r other right to control the use of such property is sufficient to permit its use for such purposes, and a registrant shall be deemed to gain only those rights to use as are properly in the city and as the city may have the undisputed right and power to give. Registrant shall mean a communications services provider or other person that has registered with the city in accordance with the provisions of this chapter. Registration or Register shall mean the process described in this chapter whereby a communications services provider provides certain information to the city. Small wireless facility or small wireless facilities means a wireless facility that meets the following qualifications: (a) Each antenna associated with the facility is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than 6 cubic feet in volume: and 100225062.1306-90018211 Page 522 of 736 (b) All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures. Stealth design means a method of camouflaging any antenna, wireless facilities, or other ancillary supporting communications facility, including, but not limited to, supporting electrical, optical, or mechanical, or other equipment, which enhances compatibility with adjacent land uses and which is visually and aurally unobtrusive. Stealth design may include a repurposed structure. Utility pole means a pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, street lights or other lighting, cable television, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless an authority grants a waiver for such. Wireless facility or wireless facilities means equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, distributed antenna systems ("DAS"), wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities and micro wireless facilities. The term does not include: (a) The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated; (b) Wireline backhaul facilities; or (c) Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. Wireless infrastructure provider means a person who has been certificated to provide telecommunications service in the state and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider. Wireless provider means a wireless infrastructure provider or a wireless services provider. Wireless services means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. Wireless services provider means a person who provides wireless services. Wireless support structure means a freestanding structure, such as a monopole, a guyed or self- supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole. 100225062.1306-90018211 Page 523 of 736 Sec. 25.1-4. Registration for Placing or Maintaining Communications Facilities in Public Rights-of-Way. (1) A communications services provider that desires to place or maintain a communication facility in public rights-of-way in the city shall first register with the city in accordance with this chapter. Subject to the terms and conditions prescribed in this chapter, a registrant may place or maintain a communication facility in public rights-of-way. A communications services provider with an existing communications facility in the public rights-of- way of the city as of the effective date of this ordinance shall comply with this chapter's registration requirements within sixty(60) days from the effective date of this chapter, or be in violation thereof. (2) A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this chapter governs only the placement or maintenance of communications facilities in public rights-of-way. Other ordinances, codes or regulations may apply to the placement or maintenance in the public rights-of-way of facilities that are not communications facilities. Registration does not excuse a communications services provider from obtaining appropriate access or pole attachment agreements before locating its facilities on the city's or another person's facilities. Registration does not excuse a communications services provider from complying with all applicable city ordinances, codes or regulations, or submitting right-of-way permit applications, including this chapter. (3) Each communications services provider that desires to place or maintain a communication facility in public rights-of-way in the city shall file a single registration with the city which shall include the following information: (a) Name of the applicant; (b) Name, address, email address, and telephone number of the applicant's primary contact person in connection with the registration, and the person to contact in case of an emergency; (c) Evidence of the insurance coverage required under this chapter and acknowledgement that registrant has received and reviewed a copy of this chapter, which acknowledgment shall not be deemed an agreement; (d) A copy of the applicant's certificate of authorization or license to provide communications services issued by the Florida Public Service Commission, the Federal Communications Commission, or other federal or state authority, if any; (e) For an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant or registrant is a corporation or limited liability company, proof of authority to do business in the State of Florida, including the number of the certificate of incorporation; (4) The Utilities and Engineering Departments shall review the information submitted by the applicant. If the applicant submits information in accordance with subsection (3) above, the registration shall be effective and the city shall notify the applicant of the effectiveness of registration in writing. If the city determines that the information has not been submitted in 100225062.1306-90018211 Page 524 of 736 accordance with subsection (3) above, the city shall notify the applicant of the non-effectiveness of registration, and reasons for the non-effectiveness, in writing. The city shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. Non- effectiveness of registration shall not preclude an applicant from filing subsequent applications for registration under the provisions of this section. (5) Cancellation of Registration. A registrant may cancel a registration upon written notice to the city stating that it will no longer place or maintain any communications facilities in public rights-of- way within the city and will no longer need to obtain permits to perform work in public rights-of- way. A registrant cannot cancel a registration if the registrant continues to place or maintain any communications facilities in public rights-of-way. (6) Limited Rights conferred by Registration. Registration shall not in itself establish any right to place or maintain or priority for the placement or maintenance of a communication facility in public rights-of-way within the city, but shall establish for the registrant a right to apply for a permit, if permitting is required by the city. Registrations are expressly subject to any future amendment to or replacement of this chapter and further subject to any additional city's ordinances, as well as any state or federal laws that may be enacted. (7) A registrant shall renew its registration with the city by April 1 of even numbered years in accordance with the registration requirements in this chapter, exGep++hat a FegistFa R++h�+ r,ov+ o„ori R HMbeFed year Within thirty (30) days of any change in the information required to be submitted pursuant to subsection (3), except, as of October 1, 2001, subsection (3)(c), a registrant shall provide updated information to the city. If no information in the then- existing registration has changed, the renewal may state that no information has changed. Failure to renew a registration may result in the city restricting the issuance of additional permits until the communications services provider has complied with the registration requirements of this chapter. (8) In accordance with applicable city ordinances, codes or regulations and this chapter, a right-of-way utilization permit and a buildingpermit shall be required of a communications services provider that desires to place or maintain a communication facility in public rights-of-way. An effective registration shall be a condition precedent to obtaining a permit. Notwithstanding an effective registration, permitting requirements shall continue to apply. A permit may be obtained by or on behalf of a registrant having an effective registration if all permitting requirements are met. Individual rights-of-way permits shall be obtained from the Department of Engineering on appropriate form currently in use. nrrliri-Arinoc Of the pity. City-owned Structures, Facilities, and Real Property. The city may construct or designate existing city-owned structures, facilities, and real property, within the public rights-of- way, including any accompanying equipment or communications facilities necessary to provide communications services via such structures, facilities, or real property, for the purpose of housing Privately or publicly owned antennas and other communications facilities, or to provide communications services to, or support the provision of communications services by, providers of communications services within the city. The city may also allow the placement of an antenna or other communications facility upon a city owned structure or real property, or otherwise allow 100225062.1306-90018211 Page 525 of 736 the use of city-owned facilities outside of the rights-of-way, upon such terms as the city may deem acceptable, in writing, and subject to such rental, use, utility, license, or other fees as may be consistent with the law and established by the city commission via resolution. (a) In the interests of facilitating the safe, efficient, and aesthetically desirable use of the public rights-of-way, and to otherwise avoid the negative effects upon the public welfare of, and address safety concerns relating to, proliferation of structures within the rights-of-way, the city may, in a competitively neutral and nondiscriminatory manner, offer to an applicant who wishes to install, construct, place, or maintain an antenna or other communications facility in the public rights-of-way, to place or co-locate such antenna or communications facility upon or within a city-owned structure outside of the rights-of-way where feasible. Such antenna or communications facility shall meet the requirements of this chapter. The city reserves and does not waive any right that the city may have in its capacity as a property owner or utility provider with respect to city-owned structures, facilities, and real property, and may exercise control over such to the extent not prohibited by law. When the city allows the placement of communications facilities upon, or the use of, city-owned structures, facilities, and real property, the city shall be deemed to be acting within its proprietary capacity or capacity as a utility provider, as appropriate and otherwise consistent with the law. The provisions of this article shall not limit the city's discretion with respect to the use, installation, construction, placement, or maintenance of city-owned structures, facilities, and real property, subject to 337.401(7)(f), Florida Statutes Sec. 25.1-5. Transfer, Sale or Assignment of Assets in Public Rights-of-Way. (1) If a registrant transfers, sells or assigns its assets, located in public rights-of-way incident to a transfer, sale or assignment of the registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this chapter. Written notice of any such transfer, sale or assignment shall be provided by such registrant to the city within twenty(20) days after the effective closing date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current registrant, then the transferee, buyer or assignee is not required to re- register. If the transferee, buyer or assignee is not a current registrant, then the transferee, buyer or assignee shall register as provided in Section 25.1-2- 4 within sixty (60) days of the transfer, sale, or assignment. (2) If permit applications are pending in the registrant's name, the transferee, buyer or assignee shall notify the Engineering and Utilities Departments that the transferee, buyer or assignee is the new applicant. (3) Any encumbrance on the communications facilities of the registrant in the public rights-of-way shall be subject and subordinate to the rights of the city under this chapter and applicable law. Sec. 25.1-6. Placement or Maintenance of a Communication Facility in Public Rights-of- Way. M Prohibitions. (a) No communications services facilities or other communications facilities shall be installed in the City's rights-of-way without a right-of-way utilization permit. 100225062.1306-90018211 Page 526 of 736 Wireless facilities, other than small wireless facilities and micro wireless facilities, are prohibited within the public rights-of-way. (C) To comply with clear zone requirements and the safe operation of traffic control, no wireless facilities or other communications facilities shall be closer than 8 feet from the street curb or edge of pavement if no curb is present. Wireless facilities are prohibited within the public rights-of-way of roadways and railways under the jurisdiction and control of the Florida Department of Transportation unless approved by the City, as provided in any agreement between the City and the Florida Department of Transportation. (e) Wireless facilities are prohibited on arms used to support or mount traffic control signals and warning signals and on arms attached to utility poles. Wireless facilities are prohibited in the rights-of-way of any geographic area approved as an historic district either by the city, the State of Florida, or listed on the National Register of Historic Places that were adopted by Ordinance on or before April 1, 2017 unless: 1. The city's Historic Preservation Board recommends approval of the method to deploy the wireless facilities in stealth so as not to detract from contributing historic structures and the ambiance of the district; and 2. The City accepts the recommendation and approves of the application. L(41 Wireless facilities are prohibited on utility poles or similar structures 15 feet or less in height unless incorporated into and hidden in the pole under a top mounted street light. Wireless facilities may not block or interfere with the view of signs of commercial businesses or street signs. Wireless facilities, excluding micro wireless facilities, shall not be suspended on cables strung between existing utility poles in the City. The applicant or applicant's successor must agree to remove the wireless facilities at any time if warranted by public health or safety as determined by the City. Grounds for denial. The City may deny a proposed collocation of a small wireless facility in the public rights-of-way if the applicant fails to comply with any provision of this chapter or if the proposed collocation: (a) Materially interferes with the safe operation of traffic control equipment; Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes: (C) Materially interferes with compliance with the Americans with Disabilities Act, or similar federal or state standards and regulations regarding pedestrian access or movement: 100225062.1306-90018211 Page 527 of 736 Materially fails to comply with the most current edition of the Florida Department of Transportation Utility Accommodation Manual; or (e) Fails to comply with applicable codes. {4}(4) A registrant or applicant shall at all times comply with and abide by all applicable provisions of the state, federal and local law and city ordinances, codes and regulations in placing or maintaining a communication facility in public rights-of-way. The burden of proof shall at all times be on an applicant to establish compliance with requirements under this chapter and state and federal law. Q45) A registrant shall notIp ace, commence to place or maintain a communication facility in public rights-of-way until all applicable permits, if any, have been issued by the city or other appropriate authority, except in the case of an emergency. No wireless facility shall operate unless the City has conducted a final inspection and issued a Certificate of Completion pursuant to the Florida Building Code as adopted and amended. (a) The term"emergency' shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. Registrant shall provide prompt notice to the city of the placement or maintenance of a communication facility in public rights-of-way in the event of an emergency, and shall be required to apply for an after-the-fact permit within 30 days if a permit would have originally been required to perform the work undertaken in public rights-of-way in connection with the emergency. (C) Registrant acknowledges that as a condition of granting such permits, the city may impose reasonable rules or regulations governing the placement or maintenance of a communication facility in public rights-of-way. Permits shall apply only to the areas of public rights-of-way specifically identified in the permit. The Gity may issue a blanket Permit t„nnvor i Rdiyidual pprmitc Further, once the emergency is abated, the communications facility placed in the Public right-of-way during the emergency shall be removed unless permitted without the emergency as a basis. Application Review; Decisions; Time-frames; Permit Duration (a) Notification of Completeness. Within 14 days after receiving an application, the city shall determine and notify the applicant by electronic mail to the email address provided in the application as to whether the application is complete. If an application is deemed incomplete, the city shall specifically identify the missing information. An application is deemed complete if the city does not provide notification to the applicant within 14 days. Application Review Period. The city shall approve or deny an application within 60 days after receipt of the complete application, or it is deemed approved in accordance with F.S. � 337.401. If the city does not use the 30-day negotiation period provided in Sub-Section (7), "Alternative Collocations", the parties may mutually agree to extend the 60-day application review period. The city shall grant or deny the application at the end of the extended period. 100225062.1306-90018211 Page 528 of 736 (C) Permit Duration. A right-of-way utilization permit issued pursuant to an approved application shall remain in effect for one (1) year unless extended by the city. Notification Procedure. The city shall notify the applicant of approval or denial by electronic mail. The city shall approve a complete application unless it does not meet the applicable codes. If the application is denied, the city will specify in writing the basis for denial, including the specific code provisions on which the denial was based, and send the documentation to the applicant by electronic mail on the day the city denies the application. (e) Opportunity to Cure Deficiencies. The applicant may cure the deficiencies identified by the city and resubmit the application within 30 days after notice of the denial is sent to the applicant. If the curative information is not provided within such time frame, the application will be considered withdrawn or closed. The city shall approve or deny the revised application within 30 days after receipt or the application is deemed approved. Any subsequent review shall be limited to the deficiencies cited in the denial. Consolidated Applications. An applicant may file a consolidated application and receive a single permit for the collocation of up to 30 small wireless facilities. If the application includes multiple small wireless facilities, the city may separately address small wireless facility collocations for which incomplete information has been received or which are denied. Alternative Collocations. (a) If an applicant seeks to place a wireless facility upon a city utility pole or seeks to install a new utility pole, the city may, within 14 days after the date that a wireless facility application is filed, request that the proposed location of the wireless facility be moved to another location in the right-of-way and placed on an alternative utility pole or support structure or may place a new utility pole, including for aesthetic or public safety reasons, or a location outside the right-of-way on city-owned structures or property in accordance with Section 25.1-4 . The City may offer an alternative location in the right-of-way for a wireless facility for health, safety, general welfare, or aesthetic reasons. The city and the applicant may negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment, for 30 days after the date of the request. At the conclusion of the negotiation period, if the alternative location is accepted by the applicant, the applicant must notify the city of such acceptance and the application shall be deemed granted for any new location for which there is agreement and all other locations in the application. If an agreement is not reached, the applicant must notify the city of such non-agreement and the city shall grant or deny the original application within 90 days after the date the application was filed. A request for an alternative location, an acceptance of an alternative location, or a resection of an alternative location shall be in writing and provided by electronic mail. Application requirements. 100225062.1306-90018211 Page 529 of 736 (a) Except as otherwise provided herein, a permit to construct or install wireless facilities or other communications facilities in the public rights-of-way shall not be granted except upon administrative review and approval pursuant to the requirements of this Chapter. {3} (b) As part of any permit application to place a new or replace an existing communications facility in public rights-of-way, the registrant shall provide the following: �7 AR eRgiReeFi Rg -Marr-snand!ined ansealer! by a Florida Registered Drnfoccinnal F=R 0 " �� p�rniQed in Florida Stab rtes C 47'I 0032 ideRtifyiRg the IGGatlnn of the proposer! fanil* approx mate size of far--ilities and eq6lipMeRt that�Nill -hP- .10-G-Ated P61bliG Fights C) W y� /17 L 4 permit appliGatinn 4n plena a pe- nN or replene en evicting nnmmi inine4inns \ifaGility in pi ihlin rights of way shell innli idle plaRS ShOWin the IGGation of the proposed! inctallatinn of f73.014lec in the pi ihliG rightc_nf_wa Plans submittal. For each proposed wireless facility location, submit plans signed and sealed by a Florida Registered Professional Engineer, or prepared by a person who is exempt from such registration requirements as provided in Florida Statutes � 471.003 showing: a. The location of each proposed communications facility; b. True-to-scale site plan depicting all physical improvements including property lines within a 40 foot radius; c. A graphical depiction of each proposed communications facility to be installed; d. The size of each proposed communications facility; e. The specifications for each communications facility; and f. Existing utilities in the immediate vicinity. 47} (2) The plans shall be in a hard copy format or an electronic format specified by the city, provided such electronic format is maintained by the registrant. Such plans in a format maintained by the registrant shall be provided at no cost to the city. The plans shall be in a digitized format showing the two- dimensional location of the facilities based on the city's geographical database, or other format acceptable to the city. The city shall maintain the confidentiality of such plans and any other information provided in accordance with Florida Statutes § 202.195, as it may be amended. 47)(3) If the actual installation deviates or will deviate from the submitted plans due to unforeseen conditions or any other reason, the registrant shall promptly provide revised plans. {*L41 A description of the manner in which the communications facility will be installed (i.e. anticipated construction methods or techniques); 100225062.1306-90018211 Page 530 of 736 A description of the stealth design techniques proposed to minimize the visual impact of the wireless communications facility; {e}f 51 A M-Aip+or.,r^o of traffic plan for a44y-maintenance of any disruption of the public rights-of-way; {d}L71 Information on the ability of the public rights-of-way to accommodate the proposed facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other persons); fc4L8j If appropriate given the facility proposed, an estimate of the cost of restoration to the public rights-of-way; 4}L9-1 The timetable for construction of the project or each phase thereof, and the areas of the city which will be affected; Photographs and Graphic or Simulated Renderings. a. Photographs clearly showing the nature and location of the site where each wireless or other communications facility is proposed to be located including photographs showing the location and condition of adjacent properties to the location of the communication facility; b. True-to-scale graphic depictions or simulated renderings accurately representing the visual impact of the wireless communications facilities when viewed from the street and from adjacent properties. A $150.00 collocation fee per wireless facility per year for attachments to an authority pole; and {*L12 Such additional information Teq�Sted by +he t!4 that the city finds reasonably necessary with respect to the placement or maintenance of the communications facility that is the subject of the permit application to review such permit application. Factors considered in granting permit. In addition to any applicable requirements or standards imposed by this code of ordinances, the following factors shall be considered in determining whether to issue a permit to a registrant to place or maintain a communications facility within the public rights-of-way, consistent with the requirements of Section 337.401(7), Fla.Stat.: (a) Height and dimensions of the proposed communications facility; Proximity of the communications facility to residential structures and residential district boundaries, and the uses on those properties; (c) Surrounding topography, tree coverage and foliage; Compliance with the objective design standards set forth herein with particular reference to design characteristics that have the effect of concealing, reducing, or eliminating visual obtrusiveness; 100225062.1306-90018211 Page 531 of 736 LgJ Proposed ingress and egress (where applicable); The location context must be reasonable. Proximity to other structures within the rights-of-way cannot create a hazardous or safety condition; Proximity to and/or interference with other private or public uses within or outside the rights-of-way, including, but not limited to, utilities, easements, traffic control devices, and other uses; and Suitability of the right-of-way or the proposed section of the right-of-way for the proposed communications facility with reference to safety, engineering, and/or aesthetic concerns. Any other requirements set forth in this chapter. Based upon a review of these factors, the City may still utilize the alternative collocation process as provided in Sub-Section (7), herein. Non-interference; Encouraged Technology; Additional Regulations. {,%(a) All communications facilities shall be placed or maintained so as not to unreasonably interfere with the use of the public rights-of-way by the public and with the rights of property owners who adjoin any of the public rights-of-way. {5}(b) All facilities shall be placed underground to the extent that similarly situated utilities (electric, communications, etc.) are so required. The ^ity may require the ,,so of +r nhlo hROlOgy (i.e., +i G.R-Al hr\r ed) fr\r+h pstalla+ie.p of f-anili+io �c��ss�es� ,- ese-reef erre-ins s iR the ni ihlin rinh+c_nf_way as well as inin+ +ronnhinn OF +ho of f-anili+ioc in +ho ovic+inn nnnrli.i+ The registrant shall be liable for the displacement, damage or destruction of any property, irrigation system or landscaping as a result of the placement or maintenance of its facility within the public rights-of-way. The-G+ty may nrnmi ilgate Feasen-ahlo floc and r i J�+innc nnnn inn the nlanomon+ nr m z� rram� Tca�Te�c1Ta-crv��a�vrrc m�iri+o ri�rino of - nemmu pin-a+ieRs fanili+Pi it n6 1hlin rights of way GGRGic+ori+ YVi+h +hic Ghat,+or and ether applinahlo law All facilities shall be placed underground to the extent not inconsistent with the rules of the Public Service Commission. The use of trenchless technology (i.e., directional bore method) for the installation of facilities in the public rights-of-way as well as joint trenching or the co-location of facilities in existing conduit is strongly encouraged, and shall be employed wherever feasible. Notwithstanding the foregoing, small wireless facilities and micro wireless facilities and their associated support structures are exempt from this undergrounding requirement. (c) The city may promulgate additional reasonable rules and regulations concerning the placement or maintenance of a communication facility in public rights-of-way consistent with this chapter and other applicable law. Requirements for Wireless and communications facilities. Wireless and communications facilities shall be placed in the public rights-of-way pursuant to the following requirements: 100225062.1306-90018211 Page 532 of 736 (a) Any aesthetic requirements and provisions of this chapter governing antennas shall apply to wireless and communications facilities located within the right-of- way. It is strongly encouraged that wireless and communications facilities be concealed and utilize stealth design, as defined by Chapter. Such stealth design and concealment shall eliminate the need to locate any ground or elevated equipment on the exterior of a pole, or other structure in order to preserve and promote the unique aesthetic character of the city. (c) In order to avoid the clustering of multiple items of approved ground equipment or elevated equipment in a single area, only one equipment box may be located in any single wireless and communication facility location. Where an applicant demonstrates that undergrounding and stealth design and concealment goals cannot be employed under this subsection and the city agrees with such demonstration, the individual approved exterior equipment boxes or containment devices shall not exceed 28 cubic feet in volume and the configuration and dimensions of such shall be the least visually obtrusive as possible. The use of foliage and vegetation or other concealment method around any approved equipment may be required by the city based on conditions of the specific area where the equipment is to be located. Insofar as wireless facilities are constructed underground, the wireless infrastructure provider shall become a member of, and maintain membership in Florida utility notification one call system. Wireless facilities shall have five-foot horizontal clearance from other underground utilities and their appurtenances unless applicant can demonstrate compliance with all Applicable Codes and non- interference with existing underground facilities. Objective Design Standards. (a) Wireless facilities shall meet the following reasonable location, context, color, stealth, and concealment requirements. Design standards may be waived if the city determines that the design standards are not reasonably compatible for the particular location of a wireless facility or that the design standards impose excessive expense in relation to the aesthetic concerns of the City. The waiver shall be granted or denied within 45 days after the date of the request. 1. Any above-ground wireless facilities shall meet stealth design requirements. 2. Wireless facilities may increase the height of a metal street light pole only if the antenna is top-mounted and not wider than the pole, or if the antenna is hidden in a cylinder that appears like an original part of the pole. A cellular antenna shall not extend more than ten (10) feet above the utility pole or structure upon which the wireless facility is to be collocated. 3. A new utility pole that replaces an existing utility pole shall be of substantially similar design, material, and color as the existing utility pole unless the existing pole is made of wood, which is no longer permitted. 100225062.1306-90018211 Page 533 of 736 4. The antennas and related equipment shall be in a color that will provide the most camouflage as determined by the city. Ground based wireless facilities shall be painted forest green, unless determined otherwise by the city. When on a black pole, wireless facilities shall be painted black, unless determined otherwise by the city. 5 Wires serving the wireless facilities must be concealed within or flush mounted to the pole on which the facilities are collocated and insulated in accordance with applicable codes. (b) Antennas placed upon structures within the rights-of-way must meet the following additional requirements if stealth design, concealment, and this chapter's requirements regarding such cannot be met: 1. Top mounted antennas and their enclosures must not extend more than one quarter of the diameter of the supporting structure, beyond edge of the supporting structure at the level of antenna attachment; and 2. For public safety purposes, under no circumstances shall antennas be mounted less than 12 feet above ground level. (c) Street light fixtures with stealth wireless facilities are encouraged to meet the following standards:. On street lights, luminaires and bases should be roughly equal in size and volume for a balanced appearance. The decorative base of a street light should be between 10-25% of the pole height. The length of arms extending from the base should be between 20-25% of pole height; Arms should extend from the pole at a location within 20% of pole height from the top of the pole. Street light fixtures must meet AASHTO structural guidelines for roadway application and ANSI requirements for vibrations. New or replacement poles that support wireless or communications facilities shall match the style, design, and color of the utility poles in the surrounding area. Size and Height Requirements. Pole height shall be measured from the ground to the top of the utility pole, which measurement shall include any antennas built into or appended to the utility pole. The size and height of new wireless or communications facilities in the rights-of-way shall be no greater than the maximum size and height of any other utility or light poles located in the same portion of the right-of-way within the city other than a utility pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the 100225062.1306-90018211 Page 534 of 736 proposed location of the small wireless facility. If there is no utility pole within 500 feet, the height of the utility pole shall be limited to 50 feet; provided, however, that applicants proposing wireless or communications facilities with antennas to be located on existing poles or other structures may increase the height of the existing pole or other structure up to 10 feet, if necessary, to avoid adversely affecting existing pole attachments. Additionally, the overall height, above ground, of any wireless or communications facility shall not exceed 40 feet, or the existing height of other utility or light poles located in the same portion of the right-of-way, whichever height is less. (e) Setback Requirements. Wireless and communications facilities shall be located at least ten feet from a driveway, at least ten feet from the edge of existing trees 12 inches or greater in diameter, at least 25 feet from a traffic signal pole unless mounted upon such traffic signal pole, and at least 15 feet from any pedestrian ramp and 8 feet from the street curb. The city may require greater setbacks from these and other fixtures in the right-of-way to ensure proper sight lines for public safety purposes and in other cases as deemed necessary to advance the purposes of this article. If the right-of-way is within or abuts a residential zoning district, wireless communication facilities must be located where the shared property line between two residential parcels intersects the right-of-way, whenever possible unless an unsafe condition, cluttered appearance, or other violation of this article would result. If the right-of-way is within or abuts a nonresidential district, wireless facilities must be located between tenant spaces or adjoining properties where their shared property lines intersect the right-of-way, whenever possible, unless an unsafe condition, cluttered appearance, or other violation of this article would result. Waiver. The city engineer may waive any requirement under this section if the city determines that such requirement is not reasonably compatible for the particular location of a small wireless facility or that such requirement imposes an excessive expense, or where the waiver serves the intent or purposes of this chapter. The waiver shall be granted or denied within 45 days after the date of the request. New Structures; Availability of Alternatives. For the placement of any new utility poles, pole type structures, or other freestanding structure associated with any communications facility, the City shall have the right to utilize the alternative collocation process as provided in Sub-Section (7) of this Section, and as provided in Section 337.401(7), Fla.Stat. {9}(14) Limitations; No Property Right. A permit from the city constitutes authorization to undertake only certain activities in public rights-of-way in accordance with this chapter, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way. Construction; Maintenance; Safety; Restoration and Inspection. 100225062.1306-90018211 Page 535 of 736 01M a) A registrant shall maintain its communication facility in public rights-of-way in a manner consistent with accepted industry practice and applicable law. kC4 (b) All safety practices required by applicable law or accepted industry practices and standards shall be used during the construction, installation, placement or maintenance of communications facilities. 94 c) After the completion of any placement or maintenance of a communication facility in public rights-of-way or each phase thereof, A—a registrant shall, at its own expense, restore the public rights-of-way to at least its original condition before such work. for the nnm nlo4inn of env nl�nomon4 nr m�in4on�nno of nnmmi inin�4inn f�nili4�i in ni ihlin rinh+c_nf_way or oanh nhg6 4horonf If the registrant fails to make such restoration within thirty (30) days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the city may perform such restoration as it deems necessary and charge all costs of the restoration against the registrant in accordance with Florida Statutes § 337.402, as it may be amended. For 12 months following the original completion of the work, the registrant shall guarantee its restoration work and shall correct any improper restoration work at its own expense that does not satisfy the requirements of this chapter. for we (12) R;GRthG fnlln\ennn the nrininal nmmPletinn of the werL o• 414 d) In connection with excavation in the public rights-of-way, a registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in Florida Statutes Ch. 556, as it may be amended. 42} (e) A registrant shall use and exercise due caution, care and skill in performing work in the public rights-of-way and shall take all reasonable steps to safeguard work site areas. The person constructing, installing, and maintaining wireless facilities must be a licensed electrician, certified to work as a Iineworker, or successfully complete an accredited Iineworker apprenticeship program. 44} (f) A registrant shall not place or maintain its communications facilities so as to interfere with, displace, damage or destroy any utilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the city or any other person's facilities lawfully occupying the public rights-of-way of the city. {E}LCII The city shall have the right to make such visual inspections of communications facilities placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this chapter. In the event the city determines that a violation exists with respect to registrant's placement or maintenance of facilities in the public rights- of-way that is not considered to be an emergency or danger to the public health, safety or welfare, the city will provide registrant at least three (3) days written notice setting forth the violation and requesting correction. Modifications; Removal and Relocation; Antenna Co-locations. (a) The grant of a permit under this chapter shall not limit the authority and discretion of the city to regulate and control the public rights-of-way, and the city may at any time require the removal or relocation of a communications facility within the rights-of-way in the interests of the public welfare, health, or safety, or as otherwise authorized by law. 100225062.1306-90018211 Page 536 of 736 The wireless facilities provider must remove its wireless facilities within 30 days of notice that the City will remove a utility pole. k@4 (b) Removal or relocation at the direction of the city of a registrant's communications facility in public rights-of-way shall be governed by applicable requirements of Florida Statutes �� 337.403 and 337.404, as they may be amended, in addition to any other applicable city regulations or provisions of law. Unless otherwise provided by law, this City Code, or agreement, a registrant shall bear all costs of any removal or relocation of its facilities. 43} (c) Coordination of work; work schedule. In the interest of the public's health, safety and welfare, upon request of the city, and as notified by the city of the other work, construction, installation or repairs referenced below, a registrant shall coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject public rights-of-way. The city may require registrant to alter its placement or maintenance schedule as the city determines to be reasonably necessary so as to minimize disruptions and disturbance in the public rights-of-way. The city may provide a more definite time frame based on individual city construction or maintenance schedules. 45}Lel No warranties; vacation of rights-of-way. The city makes no warranties or representations regarding the fitness, suitability, or availability of the city's public rights-of- way, city-owned structures, and city-owned real property for the registrant's communications facilities and any performance of work, of costs incurred by registrant or provision of services shall be at registrant's sole risk. Nothing in this chapter shall affect the city's authority to add to, vacate or abandon public rights-of-way, or add vehicular travel lanes, and the city makes no warranties or representations regarding the availability of any added, vacated or abandoned public rights-of-way for communications facilities. Alteration of Rights-of-Way; Other Work and Facilities in Rights-of-Way. {9}1. The city reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the city in public rights-of-way occupied by the registrant. {9}2. Registrant shall, if registrant so agrees, allow the city facilities to be co- located within the city's public rights-of-way through the use of a joint trench during registrant's construction project. Such joint trench projects shall be negotiated in good faith by separate agreement between registrant and the city and may be subjected to other city rights-of-way requirements. {9} 3. The city further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation, or width of the public rights-of-way within the limits of the city and within said limits as same may from time to time be altered. 100225062.1306-90018211 Page 537 of 736 {I}4. A registrant shall, on the request of any person holding a permit issued by the city, temporarily raise or lower its wireless or other communications facilities to permit the work authorized by the permit. The expense of temporarily raising or lowering facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in advance. The registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. If the city requests a temporary raising or lowering of a facility for a public purpose, the city shall not be charged for the temporary raising or lowering of the facility subject to 337.403 and 337.404, Florida Statutes. Lcjj Replacement and maintenance of wireless facilities. The city shall not require approval or require fees or other charges for: a. Routine maintenance; b. Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size; or C. A communications service provider authorized to occupy the rights- of-way and who is remitting taxes under chapter 202; or d. Installation, placement, or replacement of micro wireless facilities that are suspended on cable strung between existing utility poles in compliance with applicable odes by or for a communications services provider authorized to occupy the rights of way and who is remitting taxes under chapter 202. Notwithstanding this paragraph, for public safety the wireless provider must give reasonable notice to the City Engineer before undertaking the activities of replacement or maintenance, and a right-of-way permit shall be required for work that involves excavation, closure of a sidewalk, or closure of a vehicular lane. {4}Lhj Additional Authority,- Permit Conditions. To the extent not otherwise prohibited by state or federal law and this chapter, the city shall have the power to prohibit or limit the placement of new or additional communications facilities within all or parts of the public rights-of-way 'f there is inc, ffiGient crane-to annemmerl-ate -II of the requests to plane girl or��ests that deteRnirrcs Pik the r,i ihlin .RteFLst The city may impose reasonable conditions upon the grant of a permit, in addition to the specific requirements of this code, as deemed appropriate to advance the intent or purposes of this chapter. The approval of the installation, placement, maintenance, or operation of a small wireless facility or other wireless facility pursuant to this chapter does not authorize the installation, placement, maintenance, or operation of any communications facilities other than small wireless facilities in the right-of-way. 100225062.1306-90018211 Page 538 of 736 Make-Ready for Collocation. 1. For a city utility pole that does not support an aerial facility used to provide communications services or electric service, the applicant seeking to collocate a small wireless facility shall provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, including pole replacement, and perform the make-ready work. If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a utility pole that is substantially similar in color and composition. The city shall not condition or restrict the manner in which the applicant obtains, develops, or provides the estimate or conducts the make-ready work subject to usual construction restoration standards for work in the right-of-way. The replaced or altered utility pole shall remain the property of the city. 2. The city shall not require more make-ready work than is required to meet applicable codes or industry standards. 3. Fees for make-ready work shall not include costs related to pre-existing damage or prior noncompliance. Fees for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to communications service providers other than wireless services providers for similar work and shall not include any consultant fee or expense. 4. Fees for make-ready work must be paid to the City, even if they exceed the applicant's estimate, before the wireless facilities may be operational. Sec. 25.1-7 Suspension of Permits. (1) Subject to Section 25.1-8 below, the Director of Engineering, or his designee may suspend a permit for work in the public rights-of-way for one or more of the following reasons: (a) Failure to satisfy permit conditions, including conditions set forth in this chapter or other applicable city ordinances, codes or regulations governing placement or maintenance of communications facilities in public rights-of-way, including without limitation, failure to take reasonable safety precautions to alert the public of work at the work site, or to restore any public rights-of-way; (b) Misrepresentation or fraud by registrant in a registration or permit application to the city; (c) Failure to properly renew or ineffectiveness of registration; (d) Failure to relocate or remove facilities as may be lawfully required by the city; (e) Failure to commence work within 180 days of securing permit; or (f) Abandonment of project or suspension of work for more than 180 days. After the suspension of a permit pursuant to this section, the Director of Engineering or his designee shall provide written notice of the reason for the suspension to the registrant. 100225062.1306-90018211 Page 539 of 736 (Ord. No. 01-29, § 9, 7-3-01) Sec. 25.1-8 Appeals. (1) Final, written decisions of the Director of Engineering, or his designee, suspending or denying a permit, denying an application for a registration or denying an application for renewal of a registration are subject to appeal, as set forth in Chapter 1, Article VII, of the City's Land Development Regulations, as amended. (2) Nothing in the chapter shall affect the remedies the city has available under applicable law. (Ord. No. 01-29, § 10, 7-3-01) Sec. 25.1-9. Conditional Use of Public Rights-of-Way. (1) In the event registrant desires to use its existing facilities or to construct new facilities for the purpose of providing other utility or non-utility services to existing or potential consumers or resellers, by providing any other services other than the provisions other than the provision of communications service, or for providing any other use to existing or potential consumers, a registrant shall seek such additional and separate authorization from the city for such activities as may be required by applicable law. (2) To the extent that a registrant leases or otherwise uses the facilities of a person that is duly registered or otherwise authorized to place or maintain facilities in the public rights-of-way of the city, registrant shall make no claim, nor assert any right, which will impede the lawful exercise of the city's rights, including requiring the removal of such facilities from the public rights-of-way of the city, regardless of the effect on registrant's ability to place or maintain its own communications facilities in public rights-of-way of the city. (Ord. No 01-29, § 11, 7-3-01) Sec. 25.1-10 Involuntary Termination of Registration. (1) The city may terminate a registration if: (a) A federal or state authority suspends, denies, or revokes a registrant's certification or license to provide communications services; (b) The registrant's placement or maintenance of a communications facility in the public rights-of-way presents an extraordinary or unreasonable danger to the general public or other users of the public rights-of-way and the registrant fails to remedy the danger promptly after receipt of written notice; or (c) The registrant ceases to use all of its communications facilities in public rights- of-way and has not complied with section 25.1-17 of this chapter. (2) Prior to termination, the registrant shall be notified by the Director of Engineering, or his designee, with a written notice setting forth all matters pertinent to the proposed termination action, including which of subsections (a) through (c) above is applicable as the reason therefore, and describing the proposed action of the city with respect thereto. The registrant shall have thirty (30) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the Director of Engineering, or his designee, to accomplish 100225062.1306-90018211 Page 540 of 736 the same. If the plan is rejected, the Director of Engineering or his designee shall provide written notice of such rejection to the registrant and shall make a recommendation to the City Commission regarding a final decision as to termination of registration. A decision by the city to terminate a registration may only be accomplished by an action of the City Commission. A registrant shall be notified by written notice of any decision by the City Commission to terminate its registration. Such written notice shall be sent within seven (7) days after the decision. (3) In the event of termination, the former registrant shall: (a) notify the city of the assumption or anticipated assumption by another registrant of ownership of the registrant's communications facilities in public rights-of-way; or (b) provide the city with an acceptable plan for disposition of its communications facilities in public rights-of-way. If a registrant fails to comply with this subsection, the city may exercise any remedies or rights it has at law or in equity, including but not limited to taking possession of the facilities, requiring the registrant's bonding company within ninety (90) days of the termination to remove some or all of the facilities from the public rights-of-way and restore the public rights-of-way to its original condition before the removal, or requiring that some or all of the facilities be removed and the public rights-of-way restored to its original condition before the removal at the registrant's expense. (4) In any event, a terminated registrant shall take such steps as are necessary to render safe every portion of the communications facilities remaining in the public rights-of-way of the city safe. (5) In the event of termination of a registration, this provision does not permit the city to cause the removal of any communications facilities that are used to provide another service for which the registrant holds a valid certification or license with the governing federal or state agency, where required, and is properly registered with the city for such certificated or licensed service, where required. (Ord. No. 01-29 § 12, 7-3-01) Sec.25.1-11. Existing Communications Facilities in Public Rights-of-Way. A communications services provider with an existing communications facility in the public rights- of-way of the city has sixty (60) days from the effective date of this chapter to comply with the terms of this chapter The provisions of this Chapter shall be applicable to all Communications Facilities placed in the Public Rights-of-Way on or after the effective date of this Ordinance and shall apply to all existing Communications Facilities placed in the Public Rights-of-Way prior to the effective date of this Ordinance to the full extent permitted by Federal and State law, except that any provision of this Chapter regarding the size, Stealth Design, concealment, or location of Communications Facilities shall not apply to existing Communications Facilities lawfully placed within the Public Rights-of-Way prior to the effective date of this Ordinance, to the extent that such Communications Facilities may be Maintained, repaired, and replaced with a Communications Facility substantially similar in size and for the same purpose. Sec. 25.1-12. Insurance. (1) A registrant shall provide, pay for and maintain satisfactory to the city an acceptable policy or policies of liability insurance, including comprehensive general liability insurance, products/completed operations liability, personal injury liability, owners and contractors 100225062.1306-90018211 Page 541 of 736 Protective liability, broad form property damage, contractual liability, automobile liability (owned, non-owned and hired automobiles), workers' compensation and employee liability. A registrant shall not commence construction, operation or maintenance of the facility without obtaining all insurance required under this section and approval of such insurance by Risk Management of the city, nor shall a registrant allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the registrant has facilities in the public rights-of-way, and for a period thereafter as specified in the minimum coverages described below. If the registrant, its contractors or subcontractors do not have the required insurance, the city may order such entities to stop operations until the insurance is obtained and approved. (2) All liability policies shall provide that the city is an additional insured as to the activities under this chapter. The required coverages must be evidenced by properly executed certificates of insurance forms. The certificates must be signed by the authorized representative of the insurance company and shall be filed and maintained with the city annually. Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager Coordinator. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. For entities that have facilities in the public rights-of-way as of the effective date of this chapter, the certificate shall be filed within sixty (60) calendar days of the adoption of this chapter, annually thereafter, and as provided below in the event of a lapse in coverage. (3) These certificates of insurance shall contain a provision that coverages afforded under these policies will not be canceled until at least forty-five (45) calendar days prior written notice has been given to the city. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial Ratings must be no less than "A-VI" in the latest edition of"Bests Key Rating Guide", published by A.M. Best Guide. The insurance requirements may be satisfied by evidence of self-insurance with sufficient financial strength and reserves or other types of insurance acceptable to the city. A registrant may self_inci ire Self-insured status must be confirmed with certification of same by presentation of financial statements which are not more than one (1) year old and signed by the registrant's Chief Financial Officer or designees. Information contained therein is subject to review and approval by city's Risk Management Division. (4) In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of this contract, then in that event, the registrant shall furnish, at least thirty (30) calendar days prior to the expiration of the date of such insurance, a renewed certificate of insurance equal and like coverage. The insurance policy or policies shall contain contractual liability insurance naming the city as an insured, and shall also insure against the types of liabilities covered by the indemnification and hold harmless provisions of Section 25.1-13. k5�&J A registrant and its contractors or subcontractors engaged in work on the operator's behalf in, on, under or over public rights-of-way, shall maintain the following minimum insurance: (a) Comprehensive general liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed 100225062.1306-90018211 Page 542 of 736 operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: 1. Bodily injury a. Each occurrence $1,000,000 b. Annual aggregate $3,000,000 2. Property damage a. Each occurrence $1,000,000 b. Annual aggregate $3,000,000 3. Personal injury a. Annual aggregate $3,000,000 4. Completed operations and products liability shall be maintained for two (2) years after the abandonment of the facility by the registrant (in the case of the registrant) or completion of the work for the registrant (in case of a contractor or subcontractor). 5. Property damage liability insurance shall include coverage for the following hazards: X—explosion, C —collapse, U — underground. (b) Worker's compensation insurance shall be maintained to comply with statutory limits for all employees, and in case any work is sublet, each registrant shall require the subcontractors similarly to provide workers' compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by each registrant. Each registrant and its contractors and subcontractors shall maintain employers liability insurance. The following limits must be maintained: 1. Workers' compensation Statutory 2. Employer's liability $500,000 per occurrence (c) Comprehensive auto liability 1. Bodily injury a. Each occurrence $1,000,000 b. Annual aggregate $3,000,000 2. Property damage a. Each occurrence $1,000,000 b. Annual aggregate $3,000,000 100225062.1306-90018211 Page 543 of 736 Coverage shall include owned, hired and non-owned vehicles. (6) Each communication facility operator shall hold the city, its agents, and employees, harmless on account of claims for damage to persons, property or premises arising out of it construction, operation or repair of its communications facility and name the city as an additional insured. Thirty (30) days advance written notice by registered, certified or regular mail as determined by the city must be given to the city of any cancellation, intent not to renew or reduction in the policy coverages. q4L81 This Section shall not be construed to affect in any way the city's rights, privileges and immunities as set forth in Florida Statutes § 768.28. Insurance under this Section shall run continuously with the presence of the registrant's facilities in the public rights-of-way and any termination or lapse of such insurance shall be a violation of this Section and subject to the remedies as set forth herein. Notwithstanding the foregoing, the city may, in its sole discretion, required increased or decreased levels of insurance for any other object placed in the city's public rights-of-way by way of individual license agreements. Sec. 25.1-13. Indemnification. (1) A registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend the city, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the city arising out of the placement or maintenance of its communications systems or facilities in public rights-of-way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter, provided, however, that a registrant's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence or wanton or willful acts of the city. This provision includes, but is not limited to, the city's reasonable attorneys' fees and costs incurred in defending against any such claim, suit or proceedings. The city agrees to notify the registrant, in writing, within a reasonable time of the city receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the city from participating in the defense of any litigation by its own counsel and at its own cost if in the city's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this section shall be construed or interpreted: (a) As denying to either party any remedy or defense available to such party under the laws of the State of Florida; (b) As consent by the city to be sued; or (c) As a waiver of sovereign immunity beyond the waiver provided in Florida Statutes § 768.28, as it may be amended. (2) The indemnification requirements shall survive and be in effect after the termination, suspension or cancellation of a registration. (Ord. No. 01-29, § 15, 7-3-01) Sec. 25.1-14. Construction Bond. 100225062.1306-90018211 Page 544 of 736 (1) Prior to issuing a permit, wNhe.re the �Nerk i in`Jer the permit will require resteration of ni,hli^ right -nf-�, the city may require a construction bond to secure the restoration of the public rights-of-way and removal of abandoned equipment or equipment not removed after termination of registration or non-renewal of the annual permit. (2) In the event a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work, plus a reasonable allowance for attorney's fees, up to the full amount of the bond. (3) No less than twelve (12) months after the completion of the construction and satisfaction of all obligations in accordance with the bond, the registrant may request the Director of Engineering to remove the requirement to continue the construction bond. Notwithstanding, the city may require a new bond for any subsequent work performed in the public rights-of-way. (4) The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Ley Rating Guide, Property/Casualty Edition; shall be subject to the approval of the City Attorney; and shall provide that: "For twelve (12) months after issuance of this bond, this bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the city, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." (5) The rights reserved by the city with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the city may have under this Section, or at law or equity whether reserved in this chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the city may have. (Ord No 01-29, § 15, 7-3-01) Sec. 25.1-16. Enforcement Remedies. (1) A registrant's failure to comply with provisions of this chapter shall constitute a violation of this chapter and shall subject the registrant to the code enforcement provisions and procedures as provided in Florida Statutes Chapter 162, Florida Statutes § 166.0415 and Section 2-72, et. seq. of the City Code of Ordinances, as they may be amended. In addition, violation of this chapter may be punishable by a fine not to exceed five hundred dollars ($500) or by imprisonment not to exceed sixty (60) days or by both as provided. (2) In addition to any other remedies available at law, including but not limited to Florida Statutes § 166.0415, and Florida Statutes Chapter 162, or equity or as provided in this chapter, the city may apply any one or combination of the following remedies in the event a registrant violates this chapter, or applicable local law or order related to the public rights-of-way: (a) Failure to comply with the provisions of the chapter or other law applicable to occupants of the public rights-of-way, may result in imposition of penalties to be paid by the registrant 100225062.1306-90018211 Page 545 of 736 to the city in an amount of not less than one hundred dollars ($100) per day or part thereof that the violation continues. (b) In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction. (3) Before imposing a fine pursuant to this section, the city manager or the city manager's designee shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have 30 days to either: (a) cure the violation to the city's satisfaction and the city shall make good faith reasonable efforts to assist in resolving the violation; or (b) file an appeal with the city to contest the alleged violation. Section 25.1-8 of this chapter shall govern such appeal. If no appeal is filed and if the violation is not cured within the thirty (30) day period, the city may collect all fines owed, beginning with the first day of the violation, through any means allowed by law. (4) In determining which remedy is appropriate, the city shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the city determines are appropriate to the public interest. (5) Failure of the city to enforce any requirements of this chapter shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. (6) In any proceeding before the city where there exists an issue with respect to a registrant's performance of its obligations pursuant to this chapter, the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this chapter. The city may find a registrant that does not demonstrate compliance with the terms and conditions of this chapter in default and apply any one or combination of the remedies otherwise authorized by this chapter or other applicable laws, ordinances, regulations or city codes. (7) The city manager or a designee shall be responsible for administration and enforcement of this chapter, and is authorized to give any notice required by law. (Ord. No 01-29, § 18, 7-3-01) Sec. 25.1-17. Abandonment of a Communication Facility. (1) Upon abandonment of a communications facility owned by a registrant in public rights- of-way, the registrant shall notify the city within ninety (90) days. (2) The city may direct the registrant by written notice to remove all or any portion of such abandoned communications facility at the registrant's sole expense if the city determines that the abandoned facility's presence interferes with the public health, safety or welfare, which shall include, but is not be limited to, a determination that such facility: (a) compromises safety at any time for any public rights-of-way user or during construction or maintenance in public rights-of- way; (b) prevents another person from locating facilities in the area of public rights-of-way where the abandoned facility is located when other alternative locations are not reasonably available; (c) creates a maintenance condition that is disruptive to the public rights-of-way's use; or d removal of the communications facility would improve or enhance the city's aesthetics. In the 100225062.1306-90018211 Page 546 of 736 event of (b), the city may require the third person to coordinate with the registrant that owns the existing facility for joint removal and placement, where agreed to by the registrant. (3) In the event that the city does not direct the removal of the abandoned facility, the registrant, by its notice of abandonment to the city, shall be deemed to consent to the alteration or removal of all or any portion of the facility by the city or another person at such third party's cost. (4) If the registrant fails to remove all or any portion of an abandoned facility as directed by the city within a reasonable time period as may be required by the city under the circumstances, the city may perform such removal and charge the cost of the removal against the registrant or any successor in interest to the registrant. (Ord. No 01-29 § 19, 7-3-01) Sec. 25.1-18. Force Majeure. In the event a registrant's performance of or compliance with any of the provisions of this chapter is prevented by a cause or event not within the registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result; provided, however, that such registrant uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this chapter, causes or events not within a registrant's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within registrant's control, and thus not falling within this section, shall include, without limitation, registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers, employees, contractors or agents. (Ord. No. 01-29, § 20, 7-3-01) Sec. 25-1-19. Reports and Records. (1) Each registrant shall, upon thirty (30) calendar days written notice, if reasonably possible, but in no event less than five (5) business days written notice, provide the city access to all books and records related to the construction, maintenance, or repair of the facility to the extent the city review of the books and records is necessary to manage its rights-of-way. (2) Any and all non-proprietary or non-confidential books and records may be copied by the city. To the maximum extent permitted by Florida Statutes § 202.195, as amended, such books and records shall be kept confidential and exempt from the provisions of Florida Statutes § 119.07(1). A registrant is responsible for obtaining or maintaining the necessary possession or control of all books and records related to the construction, maintenance or repair of the facility, so that it can produce the documents upon request. Books and records must be maintained for a period of five (5) years, except that any record that is a public record must be maintained for the period required by state law. (3) For purposes of this section, the terms "books and records" shall be read expansively to include information in whatever format stored. Books and records requested shall be produced to the city at City Hall, except by agreement. 100225062.1306-90018211 Page 547 of 736 (4) If any books and records are too voluminous, or for security reasons cannot be copied and moved, then a registrant may request that the inspection take place at some other location mutually agreed to by the city and the registrant, provided that the registrant must make necessary arrangements for copying documents selected by the city after its review; and the registrant must pay all travel and additional copying expenses incurred by the city in inspecting those documents or having those documents inspected by its designee. (5) Without limiting the foregoing, a registrant shall provide the city the following within ten (10) calendar days of their receipt or (in the case of documents created by the registrant or its affiliate) filing: (a) Notices of deficiency or forfeiture related to the operation of the facility; and (b) Copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the operator or by any partnership or corporation that owns or controls the operator directly or indirectly. (6) In addition, the city may, at its option, and upon reasonable notice to the registrant, inspect the facilities in the public rights-of-way to ensure the safety of its residents. (Ord No. 01-29, § 21, 7-3-01) Sec.25.1-20. Reservation of Rights and Remedies. (1) The city reserves the right to amend this chapter as it shall find necessary in the lawful exercise of its police powers. (2) This chapter shall be applicable to all communications facilities placed in the public rights-of-way on or after the effective date of this chapter and shall apply to all existing communications facilities in the public rights-of-way prior to the effective date of this chapter, to the full extent permitted by state and federal law. (3) The adoption of this chapter is not intended to affect any rights or defenses the city may have under any existing franchise, license or other agreements with a communications services provider. (4) Nothing in this chapter shall affect the remedies the city has available under applicable law. (5) Any person who uses the communications facilities of a registrant, other than the registrant that owns the facilities, shall not be entitled to any rights to place or maintain such facilities in excess of the rights of the registrant that places or maintains the facilities. (Ord. No. 01-29, § 22, 7-3-01) Sec. 25.1-21. Pass-through Provider Fees and Charges. (1) Pass-through providers shall pay to the city on an annual basis an amount equal to $500.00 per linear mile or portion thereof of communications facilities placed and/or maintained in the city's rights-of-way. For purposes of this section, the city's rights-of-way do not include rights-of-way that extend in or through the city but are state, county or another authority's roads or rights-of-way. 100225062.1306-90018211 Page 548 of 736 (2) The amounts charged pursuant to this section shall be based on the linear miles of rights-of- way where a wireless communications facility is placed, not based on a summation of the lengths of individual cables, conduits, strands or fibers. Multiple cables, conduits, strands, or fibers located within the same conduit shall be considered one communications facility for purposes of this subsection. (3) Any annual amount charged shall be reduced for a prorated portion of any 12-month period during which the pass-through provider remits taxes imposed by the city pursuant to F.S. Ch. 202. (4) Fees for Non-Collocated Communications Facilities. (a) Fees for non-collocated communications facilities may be charged to any person not a dealer of communications services as defined by Florida Statutes � 202.11. (b) Annual payments shall be due and payable on April 1 of each year. Failure to timely Pay the annual payment shall result in the immediate forfeiture of all rights to locate any wireless equipment in the citv rights-of-way and all wireless equipment shall be removed within thirtv(30) days at the wireless infrastructure provider's expense. Fees not paid shall bear interest at the rate of one percent per month from the date due until the wireless equipment is removed. The acceptance of any payment required hereunder by the city shall not be construed as an acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the city may have for additional sums due and payable. All fee payments shall be subject to audit by the city, and assessment or refund if any payment is found to be in error. If such audit results in an assessment by and an additional payment to the city, such additional payment shall be subject to interest at the rate of one percent per month until the date payment is made. (5) Collocation Fees. (a) The wireless infrastructure provider shall remit a $150.00 collocation fee per wireless facility to the City with the application to pay for the first year's fee for collocating small wireless facilities on a city utility pole. (b) The wireless infrastructure provider shall remit a $150.00 collocation fee per wireless facility to the City within thirty (30) days of the anniversary of the approval of the collocation. Failure to timely pay the Collocation Fee shall result in the immediate forfeiture of all rights to collocate on the city utility pole and any wireless equipment collocated on the utility pole shall be removed within thirty (30) days at the wireless provider's expense. (6) Fees for City Connections. The City reserves the right to assess pole connection fees or other fees for the use of city employees and contractors as well as fees for access to any fiber network the city may construct. (7) Permit Fees. The wireless infrastructure provider shall remit with its application all appropriate fees as provided herein, and as consistent with Section 337.401(7), Fla.Stat., as may be amended from time to time.. 100225062.1306-90018211 Page 549 of 736 (8) If the payments required by this section are not timely made by the due date, the city may withhold the issuance of any permits, including for other wireless facilities, to the registrant until the amount past due is paid in full. 100225062.1306-90018211 Page 550 of 736 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-021 TO: Chair and Members Planning & Development Board FROM: Kathleen Hatcher Senior Planner DATE: March 20, 2018 RE: Approve (CDRV 18-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations: Section 12. Satellite Earth Stations and Antennas to insert provisions for HAM radio towers and antennas consist with FCC requirements, and Section 13. Wireless Communications Facilities (WCF) to implement regulations consistent with State legislation known as the Advanced Wireless Infrastructure Deployment Act that regulates WCF within public rights-of-way. EXPLANATION The above-referenced code revisions are necessary in order to update the Land Development Regulations to correspond with proposed amendments to Part II of the City Code of Ordinances, Chapter 25.1 "Communications Rights-of-Way" (see accompanying Ordinance). On June 23, 2017 the Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations regarding communications facilities in the public rights-of-way. The proposed amendments to the Code of Ordinances Part II Chapter 25.1 Communications Facilities in Rights-of-Way implement the new regulations of the Act. Further amendments are necessary to Part III Land Development Regulations so that WCF regulations in the LDR do not conflict with the Part II amendments. Proposed code revisions to Part II of the City Code of Ordinances establish uniform standards and guidelines for the siting, design, and permitting of communication towers, communication antennas, and wireless communication facilities sited within public rights-of- way. The proposed amendments also establish review procedures to ensure that applications for towers and related equipment are processed consistent with state and federal law. The proposed regulations require that individuals and entities seeking permits to conduct any type of excavation, construction or other activity for communications facilities in public rights-of-way do so in a safe, expeditious, and professional manner to protect the public health, safety, aesthetics, and general welfare in the community. The recommended amendments also seek to minimize visual and other impacts of wireless communication facilities on surrounding areas by establishing standards for location, design, landscape screening, and compatibility. Current regulations in the LDR allow wireless communications facilities (WCF) to be located in public rights-of-way as "non-concealed attached WCF" which are antennas attached to utility poles and freestanding lights at least 40 to 50 feet in height, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. With the ever- increasing public demand for capacity, speed, and reliability, wireless carriers are now reducing the Page 551 of 736 traffic on each macro-cell tower site by building a number of smaller sites with shorter transmission and receiver distances. These microcell towers are typically one-half the height of a standard cell tower and placed closer together to provide more consistent coverage to areas. There are currently no applications formally submitted to the City for the new technology of microcell towers within rights-of-way, but there is interest and applications are expected in the very near future. These code amendments would provide standards whereby microcell structures can be allowed while preventing negative impacts on the character of residential neighborhoods or property values, or any threat to public safety. Proposed revisions to Part II Chapter 25.1 include design standards that require communications facilities within rights-of-way to be placed underground or to be designed as concealed (stealth) microcell towers where the antennas and associated equipment are housed within the base of the pole or the pole itself (see attached exhibits for examples) and they do not exceed the height of adjacent utility or light poles in the right-of-way. The proposed revisions to the LDR would also expand Chapter 12 to amend the regulations on television antennas and amateur ham radio antennas to update terminology, restrict the number allowed, and establish height limits and setbacks while respecting preemption regulations by the Federal Communications Commission (FCC). The FCC's "PRB-1" is their declaratory ruling requiring that local zoning laws reasonably accommodate amateur antennas and support structures with minimal regulation and without unreasonable restrictions. It further reads that such regulations "...must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose". Due to the vague character of the FCC regulation, some jurisdictions have avoided any specific standards applicable to HAM towers and antennas and merely reference their objective to accommodate such communications systems consistent with the FCC directives. While many other cities and counties have adopted quantifiable standards as well as the provision to consider tower applications that fail to comply with such standards through the reasonable accommodation process. Staff has drafted amendments consistent with this latter format of regulations to provide some limits and structure as well as to ensure ultimate compliance FCC PRB-1. Additional revisions to the LDR Chapter 13 Wireless Communications Facilities (WCF) refer applicants to Part II Chapter 25.1 for all regulations pertaining to WCF within public rights-of-way. The WCF revisions also clarify that non-concealed attached WCF are now only those located on publicly or privately-owned lots (not in public rights-of-way) and would be limited to poles at least 50 feet in height (such as ballpark lights). In addition, non-concealed WCF would not be allowed in residential zoning districts and would be limited to a height increase of ten (10) percent of the pole height when antennas are attached. PROPOSED AMENDMENTS A summary of the proposed amendments are as follows: Section 12 - Amateur Radio and Television Antennas • Update code terminology consistent with the industry; • Allow Amateur Radio/CB antennas as accessory only in conjunction with a single family use; • Simplify / clarify height standards for Citizens Band and TV towers by including only one standard for both freestanding and mounted towers, and maintaining maximum height as a factor of roof height (maximum of 15 feet higher than the roof (peak) height up to 40 feet); -2 - Page 552 of 736 • Insert provisions for reasonable accommodation for HAM tower applications that fail to satisfy the development standards, in compliance with FCC requirements; • Maintaining setbacks for amateur radio/CB antenna support structures consistent with the structure setbacks in the zoning district, and establish a minimum setback from easements of 10 feet; and, • Exempt TV satellite dishes 40 inches or less in diameter for single-family residential districts. • Clarify requirements (process, number, location, setbacks, screening, and height) for single- family/duplex districts, multi-family residential district, and non-residential and mixed use zoning districts. Section 13 - Wireless Communications Facilities (WCF) • Reference WCF in public rights-of-way are subject to regulations of Part I I Chapter 25.1; • Revise non-concealed attached WCF to be on poles a minimum of 50 feet in height located on publicly or privately owned lots (not in rights-of-way); • Update tables to prohibit non-concealed attached WCF in residential zoning districts; and, • Update tables to add the recently approved new MU-4 zoning district. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to Chapter 3 Article V Sections 12 — 13 of the LDR to implement new state legislation known as the Advanced Wireless Infrastructure Deployment Act and establish review procedures to ensure that applications are acted upon consistent with state and federal law. Proposed amendments to these regulations are to minimize visual and other impacts of wireless communication facilities on surrounding areas by establishing standards for location, design, landscape screening, and compatibility. Attachments -3 - Page 553 of 736 8.B. PUBLIC HEARING 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Approve Major Site Plan Modification (MSPM 17-001) request for 104 Multi-family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development)zoning district.Applicant: John Lyon, Olen Properties. EXPLANATION OF REQUEST: Mr. Dale Lyon with Olen Development is proposing a major site plan modification for 104 multi-family units (rental apartments) in 4, two-story buildings, and associated recreational amenities and site improvements on a total of 4.41 acres. Olen Development received major site plan modification approval in 2012 (application 12-003)for essentially the same project, however the 18 month approval period expired before the building permit could be issued. The project was resubmitted in 2017 and reviewed by staff when it was discovered that a note on the corresponding Quantum Park Plat requires buildings to be setback a minimum of 15 feet from any easement.As the plans were designed to place the buildings at or near the easements on the north and west sides, the review process was halted. The applicant decided their best course of action was to amend the plat to remove the note through a replat of Lot 52. The City Commission reviewed and approved the replatting request at their March 20, 2018 meeting.As such, the site plan was removed from hold, and scheduled for the appropriate hearings. The minimum required perimeter building setbacks in the PID zoning district are 30'for the front, rear and side corner yards and 20'for the side interior yard. The PID regulations allows for waivers to be requested of various development requirements including setbacks, based upon the submittal of justifications by the developer. The previous site plan approval (MSPM 12-003) granted setback waivers as follows: front (north)— 15', rear (south)—2', side corner (west)— 15', and side interior (east)—3'.After the project approval expired and a pre-application meeting was held with the applicant in preparation of resubmittal of project plans, staff requested the buildings be setback farther from the drainage lakes, in an effort to create a minimal rear yard for the units and to provide greater area for lake maintenance needs. The applicant revised the plans to increase these to a seven (7)foot rear and interior side setback, while maintaining the previously approved 15 foot setback against the road rights-of-way on the north and west sides, and submitted updated waiver requests to all required yard setbacks and justifications for the deviations. The justifications include the fact that the reduced setbacks do not abut any private properties, with the front (north) and corner side (west) property lines adjacent to street right-of-ways and the rear (south) and interior side (east) property lines abutting a Quantum Park drainage lake. Staff believes the impacts to be minimal and would not affect any private properties and based upon the applicant's justification, other similarly approved projects and City Commission approval of the Replat of Lot 52, and recommends approval of the Major Site Plan Modification and waiver requests. The Planning & Development Board tabled the request at their March 27, 2018 meeting due to the late receipt of the agenda item. Page 554 of 736 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Fees from permit applications and taxable improvements. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A. Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Site Plan D Drawings Landscape Plan 1 D Drawings Landscape Plan 2 D Drawings Existing Conditions Plan D Drawings Landscape Notes D Drawings Bldg. Type 1 Elevations D Drawings Bldg. Type 2 Elevations D Drawings Bldg. Type 3 Elevations D Drawings Unit Floor Plans D Drawings Paving, Grading & Drainage Plan D Drawings Water & Sewer Plan D Drawings Photometric Plan D Letter Applicant's J ustif ication D Conditions of Approval Conditions of Approval D Development Order Development Order Page 555 of 736 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-021 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: April 27, 2018 PROJECT NAME: Quantum Lake Villas West— Lot 52 Quantum Park (MSPM 17-001) REQUEST: Major Site Plan Modification for 104 Multi-family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID(Planned Industrial Development) zoning district. Applicant: John Lyon, Olen Properties. PROJECT DESCRIPTION Property Owner: Secured Holdings, Inc. Applicant: Secured Holdings, Inc. Agent: Dale Lyon, Olen Development Corp. Location: SE corner of Gateway Boulevard and Park Ridge Boulevard (see Exhibit "A" - Site Location Map) Existing Land Use: DRI (Development of Regional Impact) Existing Zoning: PID (Planned Industrial Development), with Mixed Use land use option Proposed Land Use: No change to land use proposed Proposed Zoning: No change to zoning proposed Proposed Use: 104 Multi-family residential units (rental apartments) within 4, two-story buildings, and associated recreational amenities and site improvements. Acreage: 4.41 acres (192,199 square feet) Page 556 of 736 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 2 Adjacent Uses: North: To the north is right-of-way of Gateway Boulevard, then farther north is improved office and flex warehouse space being occupied by two (2) charter schools. To the northeast is right-of-way of Quantum Lakes Drive and then a Quantum Park drainage lake. South: Quantum Park drainage lake, then farther south Boynton Beach High School zoned PID (Planned Industrial Development); East: Quantum Park drainage lake, then farther east 2500 Quantum Office Complex zoned PID (Planned Industrial Development); and West: Right-of-way of Park Ridge Boulevard, then farther west Boynton Beach High School zoned PID (Planned Industrial Development). Site Attributes: The subject property is Lot 52 of the Quantum Park Development of Regional Impact (DRI), consisting of 4.41 vacant acres. The property has street frontage on Gateway Boulevard, Quantum Lakes Drive and Park Ridge Boulevard and abuts one of Quantum Park's drainage lakes along the south side and partially along the east side. The site contains live oak and black olive trees, as well as various palms including royal, medjool, chinese fan, and queen palms that will remain in place with the development of the site. The ficus and acacia trees on the site are to be removed and replaced with non-nuisance trees. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject property were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. Dale Lyon with Olen Development is proposing a major site plan modification for 104 multi-family units (rental apartments) in 4, two-story buildings, and associated recreational amenities and site improvements on a total of 4.41 acres. Lot 52 is part of the Quantum Park Development of Regional Impact (DRI), and has a Mixed Use (MU) land use option which allows for the development of dwelling units. Currently, 1,103 dwelling units of the total 1,905 units allowed under the DRI entitlements have been site plan approved. Because these units are approved under the DRI, there are no density limits established. The density for this particular project however is 23.58 dwelling units per acre. In addition to this request for a major site plan Page 557 of 736 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 3 modification approval, the applicant is requesting four (4) waivers to the setback requirements, as allowed within the PID (Planned Industrial Development) district regulations. Therefore, approval of the major site plan modification (MSPM 17-001) is contingent upon approval of the corresponding request for four (4) setback waivers. Previously, Olen Development received major site plan modification approval (12-003) for essentially the same project, however the 18 month approval period expired before the building permit could be issued. The project was resubmitted in 2017 and reviewed by staff when it was discovered a Quantum Park Plat note required buildings to be setback a minimum of 15 feet from any easement.As the plans were designed to place the buildings at or near the easements on the north and west sides, the review process was halted. The applicant decided their best course of action was to amend the plat to remove the note through a replat of Lot 52.The City Commission reviewed and approved the replatting request at their March 20, 2018 meeting.As such, the site plan was removed from hold, and scheduled for the appropriate hearings. ANALYSIS Concurrency: Traffic: The proposed project is located within the Quantum Park Development of Regional Impact(DRI)and the proposed land use and intensity are within the limits of the DRI approval. Furthermore, per Article 12 of the Palm Beach County Unified Land Development Code, this project is not subject to the Palm Beach County Traffic Performance Standards. The traffic study prepared by Pinder Troutman Transportation Consultants indicates the project would generate a total of 728 daily trips, with 55 AM Peak Hour trips and 64 PM Peak Hour trips. School: A concurrency approval letter has not been received at the time of preparation of this staff report. Staff has drafted a condition of approval indicating no building permits will be issued until a concurrency approval letter is received (Exhibit "D"— Conditions of Approval). Utilities: The City's water capacity is adequate to serve the project and sufficient sanitary sewer and wastewater treatment capacity is also currently available. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Page 558 of 736 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 4 Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: Two (2) points of ingress/egress is proposed for the project, the first of which would be located on Quantum Lakes Drive, near the northeast corner of the property. The site plan (Sheet SP-1) indicates that the driveway opening is approximately 24 feet in width and will accommodate service and emergency vehicles. There is a median break in Quantum Lakes Drive to facilitate both left and right turning movements to and from the site. The second ingress/egress point, also 24 feet in width, is located on Park Ridge Boulevard, and is restricted to right-in/right-out movements, as there is no median break near the south end of the site. Circulation: Vehicular circulation within the development is provided through a two (2)-way drive aisle approximately 24 feet in width,which would conform to current engineering standards. The sidewalks are proposed separately from the drive aisle, extend the length of the building fronts, and provide pedestrian connectivity throughout the site utilizing delineated crosswalks. The sidewalks are extended to connect to Quantum Lakes Drive at two (2) locations and Park Ridge Boulevard, near the entry drive. Parking: Resident and guest parking is provided via surface parking spaces. The proposed number of parking spaces exceed the minimum amount of parking spaces required for the development. One (1)-bedroom dwelling units require one and one-half (1.5) parking space per unit. Two (2)-bedroom dwelling units require two (2) parking spaces per unit. The project proposes 80 one (1)-bedroom units (120 spaces), and 24 two (2)-bedroom units (48 spaces). Guest parking is calculated at 0.15 times the number of proposed dwelling units, for a total of 16 guest spaces. Therefore, a minimum of 184 parking spaces are required and 187 spaces are provided. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The existing tree list(Sheet L-1) indicates the site currently contains 91 trees, 22 of which will be removed from the site, for a total of 339 caliper inches to be mitigated. The other 69 trees will either remain in place or be relocated elsewhere on site. The plant list on Sheet L-5 indicates that the project would add a total of 91 canopy trees, 114 palm trees, 6,931 shrub and groundcover plants.All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low' or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The plans indicate 74% of the plant material is native. The proposed tree species would include the following: Green Buttonwood, Live Page 559 of 736 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 5 Oak, Royal Poinciana, Yellow Geiger, Orange Geiger, Silver Buttonwood, Satin Leaf and East Palatka Holly trees. Palm species would include Alexander, Travellers, Sabal, and Montgomery palms. A minimum seven (7) foot landscape strip is required along Quantum Lakes Drive on the north side of the property and a minimum fifteen (15) foot landscape strip has been provided. The landscape code requires a minimum of 19 trees and 24 are provided within the buffer or immediately behind it and another 7 Live Oak trees are existing in the swale. The NW corner of the site is bermed and heavily planted to screen the parking, while the buildings abutting Quantum Lakes Drive have foundation plantings including Montgomery palms, arbocola, cocoplum and decorative muhilly grass. A minimum seven (7) foot landscape buffer is also required along the west property line abutting Park Ridge Boulevard and a buffer width of 15 feet is provided. Based on the length of the south property line, a total of 17 trees are required in the buffer, and a total of 20 trees are provided within the buffer or immediately behind it and another 9 Black Olive trees are existing in the swale. Again, the NW corner of the site is bermed and heavily planted to screen the parking, while the buildings abutting Park Ridge Boulevard have also be designed with foundation plantings including Montgomery palms, arbocola, coco plum and decorative muhilly grass. The other two (2) buffers (east and south) back up to the drainage lakes and their existing approved perimeter landscaping, therefore the applicant is simply providing the required building foundation plantings. All above-ground mechanical equipment such as exterior utility boxes, meters, transformers, and back-flow preventers would be visually screened with landscape material. Each building would have landscape material proposed along all four(4) building sides. Select palms would be installed at a minimum one-half the building height to further soften the appearance of the structures. Building and Site: A total of 60,874 square feet of residential building surface coverage is proposed. There are 104 units proposed within four(4) separate two-story buildings, consisting of 80 one-bedroom units and 24 two-bedroom units. Three (3) types of buildings are proposed. Building Type I would contain a total of 24 units, 12 on each floor, consisting of 6 "A" units with one (1) bedroom, one (1) bath, and 6 "B" units with two (2) bedrooms and two (2) baths. Each "A" unit would be 865-876 square feet under air, plus a patio or balcony, for a total of 939 square feet. Each "B" unit would be 1,230 - 1,239 square feet under air, plus a patio or balcony, for a total of 1,292 square feet. The Type 11 building would contain a total of 24 units, 12 on each floor, each a one (1) bedroom, one (1) bath unit, with the same floor plan as the one bedroom units in the Type I buildings. The Type III building would contain a total of 32 units, 16 on each floor, each Page 560 of 736 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 6 a one (1) bedroom, one (1) bath unit, with the same floor plan as the one bedroom units in the Type I and II buildings. Building Height: The maximum building height allowed in the PID zoning district is 45 feet, not to exceed four (4) stories, except that Mixed Use pods within the PID may build to a maximum 75 feet in height with Conditional Use approval.All of the residential buildings will comply with the maximum height requirement for the PID zoning district, as the proposed roof deck is 19'- 0", the top of the parapet is at 23'-6"and the top of the decorative tower roofs is 27' in height. Setbacks: The minimum required perimeter building setbacks in the PID zoning district are 30' for the front, rear and side corner yards and 20' for the side interior yard. The PID regulations allows for waivers to be requested of various development requirements including setbacks, based upon the submittal of justifications by the developer. The previous site plan approval (MSPM 12- 003) granted setback waivers as follows: front(north)— 15', rear(south)—2', side corner (west) — 15', and side interior (east) — 3'. After the project approval expired and a pre-application meeting was held with the applicant in preparation of resubmittal of project plans, staff requested the the buildings be setback farther from the drainage lakes, in an effort to create a minimal rear yard for the units and to provide greater area for lake maintenance needs. The applicant revised the plans to increase these to a seven (7) foot rear and interior side setback and submitted updated waiver requests to all required yard setbacks and justifications for the deviations.The justifications include the fact that the reduced setbacks do not abut any private properties, with the front (north) and corner side (west) property lines adjacent to street right-of-ways and the rear (south) and interior side (east) property lines abutting a Quantum Park drainage lake. The applicant indicates that, even with the requested 7 foot setbacks against the lake, there will be between 15 and 20 feet of flat area from the rear of the buildings to the top of the lake bank, as well as an existing landscape buffer to minimize any potential impacts. Relative to the requested 15 foot setback requests along the two(2) streets (Quantum Lakes Drive and Park Ridge Boulevard), the applicant indicates that the design is in keeping with other previous approvals within Quantum Park, and points to the Quantum Lake Villas project two (2) lots away as having a reduced setback against the roadway. The applicant further states that the proposed buildings are attractive and will be nicely landscaped to screen the buildings. The closest private property to the northernmost building line is approximately 180 feet away, across to the north side of Gateway Boulevard.Again, the south side of the property abuts a drainage lake, and the distance from the south property line, across the lake to the High School property is approximately 235 feet. The east side also abuts the drainage lake and is approximately 245 feet from the property line of the office building on Lot 58. The corner side (west) setback abuts the right-of-way of Park Ridge Boulevard, and the westernmost buildings would be approximately 65 feet from the Boynton Beach Community High School property line and the school's baseball field.Additionally, the applicant notes that the design and site layout maximizes the internal site circulation and common area spaces. Page 561 of 736 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 7 Based upon the above information and City Commission approval of the Replat of Lot 52 removing the setback requirement from easements, staff recommends the setback waivers be approved. Staff believes the impacts to be minimal and would not affect any private properties. Amenities: These units are intended to be an extension of Olen Properties' larger development, the Villas at Quantum Lakes, located one block to the east, and the residents of these proposed units would have access to all of the recreational amenities on the main site. These existing amenities include an approximately 9,000 square foot clubhouse with kitchen and party room, 24 hour fitness center, two (2) large pools, two (2) jacuzzis, media center, billiards & game room, full-sized indoor basketball court and indoor racquetball courts. Additionally, the applicant proposes to install fitness equipment on the site of the 104 apartments, consisting of standard outdoor fitness equipment, the type of which you generally see along a fitness trail or in a park. The applicant has not selected the individual pieces of equipment at this point, but is considering stretching/sit-up machines, airwalkers, rowing machines, leg press machines and lower back/abdomen trainers, among others. The developer has also proposed a barbeque pavilion, four (4) covered bike racks, seven (7) benches and seven (7) waste receptacles around the site for resident and visitor enjoyment. Design: The building design is nearly identical to the approved and permitted buildings in Quantum Park and Village South. The proposed two (2)-story buildings have a contemporary design and are depicted in three (3) building types. All buildings feature a stucco finish, parapet roof, barrel tile tower features, decorative cornices and banding, modulation of the facades, balconies with decorative aluminum railing, building score lines, raised scored-stucco arches over windows, and an earthtone color palette that matches that of the recently completed development on the north side of Gateway Boulevard (Quantum Lake Villas North), also constructed by Olen Development. The earthtone paint scheme includes cream and sand body colors ("Durango South"and Classic Ivory'), white trim and accents ("White Flour'),white window frames, dark bronze railings and hand rails, and brandy colored entry doors. Lighting: The photometric plan (Sheet PH-1) depicts four(4) freestanding pole lights, three (3) of which would be 25 feet in height and one (1)which would be 15. The poles would be concrete and white in color and the light fixtures would be Phillips Gardco LED style. There are 12 proposed wall mounted light fixtures, mounted between 15 and 20 feet in height. These fixtures would also be Phillips Gardo LED style, in a wall sconce design. The photometric plan complies with the City's maximum foot-candle spot readings(<5.9) and is designed to have readings of approximately zero at the property lines. Signage: The site plan depicts a monument sign at the NW corner of the site (intersection of Gateway Boulevard and Park Ridge Boulevard), however, no sign detail was provided. The proposed sign design will need to comply with the adopted Quantum Park Sign Program (see Exhibit "D" — Conditions of Approval). Page 562 of 736 Staff Report(MSPM 17-001) Quantum Lake Villas West—Lot 52 Memorandum No PZ 17-021 Page 8 Public Art: The Art in Public Places requirement, according to the Public Arts Administrator has been met through the combining of budgets for all of the Olen Development projects and placing the art pieces in highly visible locations at their Quantum Park and Village South Mixed Use development on Gateway Boulevard, rather than one art piece on each individual site. RECOMMENDATION Staff has reviewed this request for a major site plan modification and recommends APPROVAL, including the approval of the associated waivers for the minimum setback requirements, subject to satisfying all comments indicated in Exhibit"D"—Conditions of Approval. Any additional conditions recommended by the Board or the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Quantum Park-Lot 52\MSPM 17-001\Staff Report.doc Page 563 of 736 EXHIBIT A LOCATION MAP oaf' fJ, f a. Will rage 0014 QTl t, t r � Dr � 1 t= s, j e 4 SZs�f- ` 1, a a U� K M1 L rk Rid9e B��d ��n.i. 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C>-a-IL r H �� s ��ror� Q�rH �� 9Zb££7d`H3VH9 NOINA09 IOI HARIQ SHXV'I MINVfla 009Z � w�� 'O'Z'Z`HOV'I'IIA'�'}RIVd NMOL WIIINVRa _ wz i ■■ <_�m 3 dGI2I0'I3`HOdffff NOINIOff ° h r w o a x m F HARIQ SHNV'I MINW16 00bz o DNI`SDNIQ'IOH(IMMDHS a 02 xga o a I 3= 1 6 a�� # C z EL TV go 71 S r f s� ;.� w= V 07J € i 8z F11fi t = a a a a e a e e e e in S € + � S,E! � S F f, � v 3 3 3 e 3 3 a EXHIBIT C OLL TwE N March 16, 2018 Mr. Edgar Breese, Principal Planner, Oreee bbf1.us City of Boynton Beach Planning&Zoning 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435-0310 E: Justification for Setback Waiver Quantum Lake Villas West aka Lot 52 2400 Quantum Lakes Drive, Boynton Beach, FL 33426 Dear Mr. Breese, There are two areas of setback waivers for this project. The first is a waiver to reduce the set back to 7 feet along the Lake frontage. There is an approximately 15 - 20 feet of flat area from the buildings to the top of the lake bank. This area has an existing Landscape buffer that will remain. This area also will be subject to a 10 and 12 foot construction easement for buildability of the project and when done will be appropriately landscaped. See the submitted Landscape plans. This nicely landscaped area will not only be an attractive view but has potential as a place for recreational uses. The second waiver is to reduce the street set back to 15 feet. This is in keeping with what has been previously approved throughout the Quantum Park Development. A good example is the Quantum .Lake Villas that are located one lot away for this project (please see reference photos I 2). The building Architecture is well done and attractive, it too is similar if not identical to other projects that have been approved in the Development. Shrubs have been added to the landscape plans along the street and with mid-level flowering trees. These new plantings are intended to work with the existing oak and black olive trees along the roadway to provide sufficient landscaping to screen the buildings. Note that the landscape architect worked with FPL to assure that any and all plantings proposed for the utility easement meet the requirements of FPL. Thank you again for your consideration of our request. If you would like to discuss the subject further, I am available at your convenience via e-mail at `1 r n i olen rotaerties.corn or by phone at (561) 531-1268. Sincerely, 7LN L P ENT P. Jo G. Lyon Director of Construction, FL. Legion 1062 Coral Ridge Dr. Coral Springs, FL. 33071 (561) 531-1268 1vxv,,LN olennrot erti ° .co Page 577 of 736 ,�? g o%i``�A�, rrti '3�' .r`;w� ,t tdQdr. 4� �" �j� ls^x'wi� �": .r`��4�,r� 4+e �'+r✓r ro ..tet a :C•e � �+ y $y ,' .�`'ti��" ` r .v ir,� r Ilk" S .. 4�a� ..4v. ,�' RG{, 44 .zf% fir.! ,y. 'yir �v"•. �"�`� r` �� $ �+� t to �� " � s t � t!aFi. 1x'« ' i.;, I�, . •.,�'Y,, t a.>y�_v Y,.4,M.,,. q t a Y v Page 2 of 3 March 16,2018 City of Boynton Beach:Quantum Lake villas West aka Lot 52 J Justification for Setback Waiver Quanturn Labe Villas Apailment Homes Reference Photo # C PY s ' ,,,a..„«,,,„.a��.. �wca, a.,.:=°;,.» «.v �a4yM,.,..,.,.,.�.;y. *",; ,,,yk�k ro„vn�,t�a,....�s��..�:.$��t••"- "'y�,:,,.?��".-,�...,., .r ,�c�.,e .�., , Page 579 of 736 EXHIBIT "D" Conditions of Approval Project Name: Quantum Lake Villas West (Lot 52) File number: MSPM 17-001 Reference: 31d review plans identified as a Maior Site Plan Modification with an April 24, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. Please depict drive dimensions and use a type "F" curb. X 2. Please provide drainage calculations. X FIRE Comments: 3. Please apply for, and provide a flow test conducted by Boynton X Beach Fire Rescue, Fire & Life Safety. 4. Please provide fire flow calculations in accordance with the Chapter X 18 of the 2012 edition of NFPA 1. POLICE Comments: None, all previous comments addressed at DART meeting. X BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. X PARKS AND RECREATION Comments: 5. Per City Ordinance, the Park Impact Fee is $61,880 (104 units x X $595) PLANNING AND ZONING Comments: Page 580 of 736 Quantum Lake Villas West— Lot 52 (MSPM 17-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 6. It is the applicant's responsibility to ensure that the application X requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 7. Please provide a copy of Palm Beach County School District X concurrency approval letter. 8. Please revise the landscape design and planting scheme to match X the previous approval in the area from the north terminus of the hedge on the west side of Building 4, around the corner, to the walkway along the west side of Building 1. 9. Approval of the Site Plan is subject to Commission approval of the X four (4) setback waivers. 10. At time of permit submittal please submit a Unity of Title agreement X or some other form of documentation satisfactory to the City Attorney, ensuring the continued shared use of the recreational amenities at the Villas of Quantum Lakes in perpetuity by the residents of this development. 11. Applicants who wish to utilize City electronic media equipment for X recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 52\MSPM 17-001\COA post P&D.doc Page 581 of 736 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Lake Villas West— Lot 52 Quantum Park (MSPM 17-001) APPLICANT: John Lyon, Olen Properties APPLICANT'S ADDRESS: 1062 Coral Ridge Drive, Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2018 APPROVAL SOUGHT: Request for Major Site Plan Modification approval to construct 104 Multi-family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, in the PID (Planned Industrial Development) zoning district. LOCATION OF PROPERTY: SE corner of Gateway Boulevard and Park Ridge Boulevard (Lot 52 Quantum Park). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 52\MSPM17-001\DO.doc Page 582 of 736 8.C. PUBLIC HEARING 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-059- Approve Second Amendment to the land development agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC and authorize release of surety to bury overhead utility lines across Federal Highway at SE 2nd Avenue. EXPLANATION OF REQUEST: On July 1, 2014 the City Commission approved the 500 Ocean site plan for the mixed use project consisting of 341 dwelling units within five (5) six(6) story buildings, retail space, and associated amenities and parking, zoned MU-H (Mixed Use High). As a condition of approval the developer agreed to enter into a developer's agreement with the City outlining the maintenance obligations for the future sidewalks, street lighting, and drainage improvements. On May 5, 2015 the land development agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC was approved by the City Commission. (RESOLUTION NO. R15-047) On January 19, 2016 the City Commission approved the First Amendment to the developers agreement which outlines the developer obligations as required by the execution of a Construction Agreement between the City of Boynton Beach and the Florida Department of Transportation for certain right of way improvements along South Federal Highway adjacent to the 500 Ocean project required as part of the FDOT permitting process. (RESOLUTION NO. R16-007) Per section 3C of the developers agreement Skye at Boynton Beach, LLC posted a cash surety to bury the overhead utilities lines across Federal Hwy at SE 2nd Avenue in the amount of$26,961.66 which represents 50% of the cost to perform the work based on an licensed engineer's or FPL's estimated cost. The developer Skye at Boynton Beach, LLC has requested release of the cash surety as there is no intent or planned work that would warrant use of the surety prior to the expiration of the developers agreement on June 10, 2018. The Second Amendment allows for release of the cash bond prior to expiration of the developers agreement. The Land Development Agreement process is permitted in the State of Florida, but approval of the agreement and any amendments must occur with mandatory public notice requirements and two public hearings, in accordance with 163.3225(2), F.S. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There are no impacts to City programs or services. FISCAL IMPACT: Budgeted There are no impacts fiscal impacts to City budget. ALTERNATIVES: Do not approve 2nd amendment and require surety to remain in effect till expiration of Page 583 of 736 agreement on June 10, 2018. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution SKYE_2nd Amendment to Developers Agmt Reso D Amendment Second Amendment to Developers Agreement with SKYE D Resolution Developers Agreement R15-047 D Letter Skye at Boynton each (500 Ocean) D Resolution FirstAmendment to Developers Agreement 816- 007 D Memo Memo 15-007- 500 Ocean Surety D Memo Memo 15-005- 500 Ocean Surety Page 584 of 736 1 2 RESOLUTION NO. R18- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING A SECOND AMENDMENT TO 6 DEVELOPER'S AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH AND SKYE AT BOYNTON BEACH, LLC, 8 THAT RELEASES THE SURETY REQUIRED TO BURY 9 OVERHEAD UTILITY LINES ACROSS FEDERAL HIGHWAY AT 10 SOUTHEAST 2ND AVENUE; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, on July 1, 2014 the City Commission approved the 500 Ocean site 14 plan for the mixed use project consisting of 341 dwelling units within five (5) six (6) story 15 buildings, retail space and associated amenities and parking, zoned MU-H (Mixed Use 16 High); and 17 WHEREAS, on May 5, 2015, the land development agreement between the City 18 and SKYE at Boynton Beach, LLC., was approved via Resolution 15-047 and First 19 Amendment was approved on January 19, 2016 via Resolution R16-007; and 20 WHEREAS, pursuant to Section 3C of the Developer's Agreement SKYE at 21 Boynton Beach, LLC., posted a cash surety to bury the overhead utility lines across 22 Federal Highway at Southeast 2nd Avenue in the amount of $26,961.66 which represents 23 50% of the cost to perform the work based on a licensed engineer's or FPL's estimated 24 cost. 25 WHEREAS, the developer SKYE at Boynton Beach, LLC., has requested release 26 of the cash surety as there is no intent or planned work that would warrant use of the 27 surety prior to the expiration of the Developer's Agreement on June 10, 2018; and 28 WHEREAS, upon recommendation of staff, the City Commission of the City of 29 Boynton Beach Florida deems it to be in the best interest of the citizens of the City of C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9EDDA38E-D9A3-4FAA-A9B3-2CAFD3EDFA88\Boynton Beach.9668.1.SKYE-2nd—Amendment to_Developers_Agmt_-_Reso.doc Page 585 of 736 30 Boynton Beach to approve and authorize the City Manager to sign the Second Amendment 31 to the Developer's Agreement between the City of Boynton Beach and SKYE at Boynton 32 Beach, LLC. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 34 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 36 as being true and correct and are hereby made a specific part of this Resolution upon 37 adoption. 38 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 39 approves and authorizes the City Manager to sign the Second Amendment to the 40 Developer's Agreement between the City of Boynton Beach and SKYE at Boynton Beach, 41 LLC., a copy of the Second Amendment to Developer's Agreement is attached hereto as 42 Exhibit"A". 43 Section 3. That this Resolution shall become effective immediately. 44 PASSED AND ADOPTED this day of 12018. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 48 Mayor— Steven B. Grant 49 50 Vice Mayor— Christina L. Romelus 51 52 Commissioner—Justin Katz 53 54 Commissioner—Mack McCray 55 56 Commissioner—Joe Casello 57 58 VOTE 59 ATTEST: 60 61 62 Judith A. Pyle, CMC C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9EDDA38E-D9A3-4FAA-A9B3-2CAFD3EDFA88\Boynton Beach.9668.1.SKYE-2nd—Amendment to_Developers_Agmt_-_Reso.doc Page 586 of 736 63 City Clerk 64 65 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9EDDA38E-D9A3-4FAA-A9B3-2CAFD3EDFA88\Boynton Beach.9668.1.SKYE_2nd_Amendment to_Developers_Agmt_-_Reso.doc Page 587 of 736 SECOND AMENDMENT TO DEVELOPER'S AGREEMENT This Second Amendment to Developer's Agreement is made and entered into this day of , 2018 by and between the City of Boynton Beach (hereinafter referred to as "City") and Skye at Boynton Beach, LLC., (hereinafter referred to as "Developer' )(collectively referred to as the "parties"). WITNESSETH WHEREAS,the City and Developer entered into a Developer's Agreement("Agreement") dated May 5, 2015, a copy of which is attached hereto as Exhibit"A"; and WHEREAS, the City and Developer entered into a First Amendment to Developer's Agreement dated January 19, 2016, a copy of which is attached hereto as Exhibit"B"; and WHEREAS, Developer is obligated to construct on-street parking along U.S. Highway One as a condition of the approved site plan; and WHEREAS, as a condition the Developer was required to post a cash surety to bury the overhead utility lines across Federal Highway at Southeast 2nd Avenue in the amount of$26,961.66 which represents 50% of the cost to perform the work based on a licensed engineer's or FPL's estimated cost; and WHEREAS, as there is no intent or planned work that would warrant use of the surety prior to the expiration of the Agreement, the Developer has requested release of the cash surety. NOW THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The recitals contained herein are hereby incorporated by reference. 2. Developer has requested and the City is agreeable to release the cash surety bond in the amount of$26,961.66 posted by the Developer to bury overhead utility lines across Federal Highway at Southeast 2nd Avenue. 3. Paragraph 3C of the Developer's Agreement shall be amended as follows: (c) Utilities. Existing overhead utility lines along the rights-of-way shall be buried to improve the appearance of the development with the exception of SE 2nd Avenue. The developer will relocate the existing overhead utility lines along SE 2nd Avenue to the south side of the right of way along SE 2nd Avenue. The developer will provide surety to the City and maintain the surety for the duration of the developers agreement to bury the overhead utilities lines across Federal Hwy at SE 2nd Avenue in the amount of 50% of the cost based on an licensed engineer's or FPL's estimated cost or the City shall release surety at such time it is determined by the City that the planned work for which the surety 1of2 Page 588 of 736 was posted will not be performed. All utility poles will be designed in accordance with FPL standards. 4. The terms and conditions of the Agreement and First Amendment shall remain in full force and effect except as specifically amended herein. In the event of a conflict between the terms of the Agreement, First Amendment and this Second Amendment, the terms of the Second Amendment shall control. IN WITNESS WHEREOF, the Parties have signed this Second Amendment to Developer's Agreement on the date(s) set forth below. CITY OF BOYNTON BEACH By: Date: Lori LaVerriere City Manager APPROVED AS TO FORM: Date: James A. Cherof, City Attorney SKYE AT BOYNTON BEACH, LLC. BY: TITLE: DATE: State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this day of April, 2018 by in his capacity as Managing Partner of Skye at Boynton Beach, LLC., Known to Me Produced Identification Notary Signature: (Seal) 2of2 Page 589 of 736 2 RESOLUTION NO. R15-047 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING A DEVELOPER'S AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND SKYE AT 7 BOYNTON BEACH, LLC, THAT DEFINES THE DEVELOPER 8 MAINTENANCE OBLIGATIONS AND PROCESS FOR CREDITS 9 TO CERTAIN IMPACT FEES; AUTHORIZING THE MAYOR 10 AND CITY CLERK TO SIGN THE DEVELOPER'S AGREEMENT; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on July 1, 2014 the City Commission approved the 500 Ocean site 14 plan for the mixed use project consisting of 341 dwelling units within five (5) six (6) story 15 buildings, retail space and associated amenities and parking, zoned MU-H (Mixed Use 16 High); and i 17 WHEREAS, as a condition of approval the developer agreed to enter into a 18 developer's agreement with the City outlining the maintenance obligations for the future 19 sidewalks, street lighting and drainage improvements; and 20 WHEREAS, upon recommendation of staff, the City Commission of the City of 21 Boynton Beach Florida deems it to be in the best interest of the citizens of the City of 22 j Boynton Beach to approve and authorize execution of the Developer's Agreement 23 between the City of Boynton Beach and SKYE at Boynton Beach, LLC. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby C:\Users\praiiiitoj\AppData\Local\Microsoft\Windows\l'eniporary Internet Files\Coiitent.IE5\D5LHXT08\Skye_Developers—Agmt_- -Reso-doc Page 590 of 7361 1 approves and authorizes the Mayor and City Clerk to sign the Developer's Agreement E 2 between the City of Boynton Beach and SKYE at Boynton Beach, LLC., which defines the 3 developer maintenance obligations and process for credits to certain impact fees, a copy of 4 the Developer's Agreement is attached hereto as Exhibit"A". 5 I Section 3. That this Resolution shall become effective immediately. th 6 PASSED AND ADOPTED this 5 day of May, 2015. 7 �� CITY OF BOYNTON BEACH, FLORIDA 8 9 YES NO 10 111 Mayor—Jerry Taylor 12 13 I Vice Mayor—Joe Casello 14 15 Commissioner—David T. Merker _ ` ? 16 17 Commissioner—Mack McCray E 18 Commissioner—Michael M. 19 � Co Fitzpatrick 20 21 I j 22 VOTE 23 ATTEST: 24 � 25 26 27 Janet . Pra>nito, MMC 28 °,Cid Clerk 29 30 311 32 (Co " 9 C:\Users\prainitojWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.lE5\D5LHXT08\Skye_Developers_Agmt_- _Reso.doc Page 591 of 136 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Gerald J.Biondo,Esq. Murai Wald Biondo Moreno&Brochin,PA 1200 Ponce de Leon Blvd. Coral Gables,FL 33134 DEVELOPER'S AGREEMENT This DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this day of April 2015 by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation (the "City"), whose address is 100 E. Boynton Boulevard, Boynton Beach, Florida 33435, and SKYE AT BOYNTON BEACH, LLC, a Florida corporation as assignor for an entity in formation ("Developer") whose address is 650 S. Northlake Boulevard, Suite 450, Altamonte Springs, Florida 32701. WITNESSETH WHEREAS, Developer has contracted pursuant to a written Purchase Contract (the "Purchase Contract") to purchase from Capstone Residential Development, a Delaware Limited Liability Company the fee simple ownership of certain real property containing 4.688 acres +/- located in the City of Boynton Beach and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the Property); and WHEREAS Developer desires to buy the Property, provided that Developer is able to develop the Property as a residential multifamily community to be comprised of up to 341 residential units in a building which contains five (5) to six (6) stories, plus a parking garage, and approximately 13,300 square feet of retail space, and approximately 6,600 square feet of office space (the "Project") as depicted in that certain approved site plan, entitled "500 Ocean", dated April 15,2105, and prepared by MSA Architects under project No. 1593, Sheet Number A 1.1, a copy of which is attached hereto as Exhibit `B" and incorporated herein by this reference (referred to as the "Master Site Plan") and in accordance with the terms and conditions of this Agreement and Development Order date July 1, 2014 granted by the City Commission of the City of Boynton Beach(hereafter the " Development Order") ; and WHEREAS the City and Developer desire to set forth the following special terms and conditions with respect to the proposed development of the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. Page 592 of 736 3. Obligations and Commitments. In consideration of the City and Developer entering into this Agreement, and as an inducement for Developer to buy the Property, the City and Developer hereby agree as follows: (a) Approval of Master Site Plan. The City hereby has approved the Master Site Plan on July 1 2014, subject to the terms of the Development Order and this Development Agreement (b) Zoning Amendment. The Zoning map of the City has been amended to "Mixed Use High (MU-H)" corresponding with the project master/site plan. (c) Utilities. Existing overhead utility lines along the rights-of-way shall be buried to improve the appearance of the development with the exception of SE 2nd Avenue. The developer will relocate the existing overhead utility lines along SE 2nd Avenue to the south side of the right of way along SE 2nd Avenue. The developer will provide surety to the City and maintain the surety for the duration of the developers agreement to bury the overhead utilities lines across Federal Hwy at SE 2nd Avenue in the amount of 50% of the cost based on an licensed engineer's or FPL's estimated cost. All utility poles will be designed in accordance with FPL standards. (d) Over Sizing of Lines. The Developer will upsize certain utility lines and install new utility lines that do not serve the Property pursuant to the plans approved by the City. Capital facilities charge credits will be available for the pipelines that are oversized and/or new lines installed that serve other properties in accordance with the provisions of Chapter 26 of the City Code of Ordinances. The City will reimburse the Developer after "Final Acceptance" of the water and reuse main improvements for the project based on the percentages indicated on Exhibit 1 attached hereto. Final Acceptance involves compliance with the City requirements as follows: (aa) the granting of an appropriate easement over the Developers Property in the location of the utility line (bb) the conveyance of said facilities by Bill of Sale (cc) the completion of all city required punch list items (dd) the delivery of"as built"plans (ee) the approval and sign of the City Health Department (e) Credit Against Impact Fees. Developer is entitled to a credit against the impact fees as follows: (as) Y The Cit will collect impact fees for the benefit of Palm Beach County in connection with the procurement of building permits by the Developer. The Developer contemplates procuring a credit from Palm Beach County for an amount equal to the payments and usage of the prior owner of the site in connection with a development that has been abandoned . To the extent the Developer properly documents the same to the reasonable satisfaction of the City, the City will apply Page 593 of 736 said credit against the fees collected at time of building permit issuance. (bb) A Capital Facilities Charge (Water and Sewer) credit from the City in the amount of $22,516 is to be applied against the Capital Facilities charges. (f) Construction of Storm Water Improvements. Developer has designed the Project so that all storm water quality, retention and/or detention improvements for the Project, together with the interior roadways and driveways to be located within the Project, drain into the existing City maintained drainage system. The Developer, at their expense, will be required to provide an easement for conveyance of storm water for the public rights of way adjacent to the Property by relocating and constructing a new drainage system on the subject Property. The Developer and/or its successors will be responsible for the maintenance of said portion of the relocated drainage system within the subject Property boundaries in perpetuity. In the event the developer and/or its successors breaches and provision of this condition, the City may exercise one or more of the following options, provided that at no time shall City be entitled to receive double recovery of damages: (aa) Pursue a claim for damages suffered by City or the public. (bb) Pursue any other remedies legally available. (cc) As to any work not performed by the developer and/or its successors, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the developer and/or its successors if the developer and/or its successors fails to cure the non-performance within fourteen(14) days after written notice from the City of the non-performance; provided, however, that advance notice and cure shall not be preconditions in the event of an emergency. These obligations shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions similarly shall be binding upon the Property and shall run with title to the same. (g) No Platting. The Property is not required to be platted. It currently has only one tax ID#;to wit, 08434528030070010, evidencing it is one unified parcel. Developer shall record a unity of title for the entire Property in form and content reasonably satisfactory to the City. (h) Levels of Service. The City acknowledges that the "Levels of Service" monitored by the City and located and subject to the jurisdiction of the City (e.g. water, sewer, wastewater, solid waste, city roads, parks, school facilities) located in the vicinity of Page 594 of 736 the Property were sufficient to accommodate the Project at the time of Master Site Plan approval. (i) Maintenance Obligations. The Developer and or any successor in title to the Property agrees that they will have the continuing obligation to maintain the street lighting adjacent to the Project , so as to illuminate the public rights of way adjacent to the Project, said street lights being located in Ocean Avenue, SE 4th Street, SE 2nd Avenue and Federal Highway but only with respect to the portion of said streets lying contiguous to the Project . The Developer at its expense shall install and provide street li�hting for the right of way adjacent to the Project along Ocean Avenue, SE 4th Street, SE 2° Avenue and Federal Highway. The Developer will provide surety and liability insurance for the work located within the City and FDOT right of way in a form acceptable to the City prior to issuance of permits. The Developer and any successor in title will be responsible for the energy cost and maintenance of lighting in perpetuity for the street lights adjacent to the Property. In the event the Developer or a successor in title breaches the afore-described covenant the City may exercise one or more of the following options: (aa) Pursue a claim for damages suffered by City or the public. (bb) Pursue any other remedies legally available. (cc) As to any work not performed by the developer and/or its successors, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the developer and/or its successors if the developer and/or its successors fails to cure the non-performance within fourteen(14) days after written notice from the City of the non-performance; provided, however,that advance notice and cure shall not be preconditions in the event of an emergency. These obligations shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions similarly shall be binding upon the Property and shall run with title to the same. 4. Sidewalk Easement. Prior to TCO, CO and/or acceptance of any offsite improvements the required five (5) foot minimum unobstructed sidewalk easement for public access adjacent to SE 4th Street, SE 2nd Avenue, and Ocean Avenue must be recorded and dedicated to the City. The Developer and/or its successors will responsible for the maintenance of said sidewalk within the five foot easement in perpetuity. This condition shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions similarly shall be binding upon the Property and shall run with title to the same. Page 595 of 736 5. Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement will. When title to the Property is vested in Developer and/or its designated assignee and when duly executed and delivered by the City, then this Agreement will be recorded in the Public Records of Palm Beach County, Florida, and will constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Developer represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. In the event Developer and/or its assignee does not acquire title to the Property pursuant to the Purchase Contract then this agreement shall be of no force and effect. 6. Time Period. This agreement shall remain in effect for a period of three (3) years form the date hereof. Any provision of this Agreement which imposes a maintenance obligation for the developer and it's successors after expiration of this Agreement shall survive the expiration of this Agreement. 7. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of, the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 8. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. Amendments. This Agreement shall not be modified or amended except by written agreement duty executed by both parties hereto (or their successors or assigns) and approved by the. City Commission. 10. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Developer as to the subject matter hereof. 11. Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 12. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 13. Recordation. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida. 14. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer is an independent contractor and not an agent of the City. Nothing Page 596 of 736 herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 15. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 16. City's Police Power. Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 17. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 18. Third-Party Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights -on behalf of any third party, provided however, Developer will assign its rights under this document to a to be formed development entity. 19. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 20. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 21. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or part thereof, if Developer is in breach of any term and condition of this Agreement. [SIGNATURE ON FOLLOWING PAGE] Page 597 of 736 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF BOYNTON BEACH By: ATTEST: � APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of BOYNTON B,EACH, Florida only. Dated : B Page 598 of 736 Signed, sealed and Delivered in the presence of the following witnesses SKYE AT BOYNTON BEACH, LLC ("Developer") l ine 17-, .7:2 Salvador Leccese, " ,,...f, President/Manager Name: 7� STATE OF FLORIDA COUNTY OF-6 w The foregoing instrument was acknowledged before me this day of _, 2015 by SALVADOR LECCESE, as President/ Manager of Skye at Boynto Breach, LLC a Florida Limited Liability Company on behalf of said corporation. He is personally known to me or has produced as identification. o'^�oN�XPIAFs''• bo Notary Public Signature • �'' a ?is Print Name: .. r ' C a0� r `ta: Commission No: R ~ - - �`` a��: My Commission Expires: - n -- - C:\Users\macka\Desktop\500 Ocean-SP 2nd Ave(FPL)\Developer's Agreement redline 3.17.15_with City Comments_Pinal.doc Page 599 of 736 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 All of Lots 1 through 14, inclusive, Block 7, LESS the North 8 feet of Lots 1 through 7, and LESS the East 10 feet of the North 60 feet of said Lot 14, and ALSO LESS that part of Lot 14, LESS the North 60 feet thereof, which is included in the external area formed by a 12 foot radius arc tangent to the South line of said Lot 14 and tangent to a line 10 feet West of andP arallel to the East line of said Lot 14 Block 7, TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida. PARCEL2 That alleyway identified as SE 1st Place lying between Lots 1 through 7 and Lots 8 through 14, Block 7, vacated pursuant to Ordinance No. 003- 021, recorded in Official Records Book 15483, page 375 and Ordinance No. 05-053 recorded in Official Records Book 19430, page 1099 and in Official Records Book 19461, page 143, all of the public records of Palm Beach County, Florida, which is more particularly described as follows: A portion of that certain 20-foot alley adjacent to Lots 1 through 4 and Lots 11 through 14, together with the North half of said alley lying South of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida. AND A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6 through 9, together with the South half of said alley lying North of and adjacent to Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida, more particularly described as follows: Beginning at the Southwest corner of said Lot 7; thence South 881 59' 27" East along the South line of Lots 7 and 6, a distance of 100.00 feet to the Southeast corner of said Lot 6; thence South 00° 02' 09" West along the Southerly extension of the East line of said Lot 6, a distance of 10.00 feet to the centerline of said 20.00 foot wide alley; thence Page 600 of 736 South 880 59' 27" East along said centerline 50.00 feet to an intersection with the Northerly extension of the East line of said Lot 10; thence South 001 02+ 09+ West, along said Northerly extension, 10.00 feet to the North line of said Lot 10; thence North 880 59' 27" West, along the North line of said Lots 10, 9 and 8, a distance of 150.00 feet to the East right of way line of Southeast 4th Street; thence North 001 02' 09" West, along said East right of way line, 20.00 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida. PARCEL 3 The North 80 feet of Lot 1 through 7, inclusive, and the South 80 feet of Lots 8 through 14, inclusive, Block 12, TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida, LESS the East 10 feet of the North 80 feet of said Lot 1, and LESS that part of the North 80 feet of said Lot 1, which is included in the external area formed by a 12 foot radius arc tangent to the North line of said Lot 1 and tangent to a line 10 feet West of and parallel to the East line of said Lot 1, and LESS the West 5 feet of the North 80 feet of said Lot 7, and LESS the West 5 feet of the South 80 feet of said Lot 8, and LESS the East 10 feet of the South 80 feet of said Lot 14, and LESS that part of said Lot 14 described as follows: From a point on the South line of Lot 14 located 10 feet Westerly of the Southeast corner of said Lot 14, run Westerly along the South line of said Lot 14 for 25.51 feet; thence run in a Northeasterly direction along the arc of a curve concave to the Northwest and having a radius of 25 feet for a distance of 39.78 feet to a point on a line parallel to and 50 feet Westerly of, measured at right angles to, the Base Line of Survey of State Road 5, Section 9301-205; thence run South 01 59' 45" East along said parallel line for 25.51 feet to the POINT OF BEGINNING. PARCEL 4 Lots 1, 2 and 3, Plat of PORTION OF BLOCK 12, TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 15, page 18, public records of Palm Beach County, Florida, LESS the East 10 feet of said Lots 1 and 2, and LESS the West 5 feet of said Lot 3. PARCEL 5 That part of SE 1st Avenue lying between Block 12 and Block 7, vacated pursuant to Ordinance No. 05-052 recorded in Official Records Book Page 601 of 736 19379, at page 101, of the public records of Palm Beach County, Florida, which is more particularly described as follows: That certain 40.00 foot wide right-of-way bounded on the North by the South line of Block 7, on the South by the North line of Block 12, on the East by the West right of way line of Federal Highway (U.S. Highway Y No. 1) and on the West by the East right of way line of S.E. 4th Street, all in the ORIGINAL TOWN OF BOYNTON, according to the Plat thereof as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the Southwest corner of Lot 8 in said Block 7; thence South 88° 59' 27" East along the South line of said Block 7, a distance of 5.00 feet to the POINT OF BEGINNING; thence continuing along said South line South 880 59' 27" East, 335.01 feet; thence South 00° 02' 09" West, 51.80 feet to a point of cusp on the West right of way line of Federal Highway (U.S. Highway No. 1, State Road No. 5); thence Northwesterly along the arc of a curve concave to the Southwest, having a radius of 12.00 feet, a central angle of 891 01' 36", an arc distance of 18.65 feet to the point of tangency; thence North 880 59' 27" West, along the North line of said Block 12, a distance of 323.21 feet to the East right of way line of S.E. 4th Street; thence North 001 02' 09" East, along said East right of way line, 40.01 feet to the POINT OF BEGINNING; said lands lying in the City of Boynton Beach, Palm Beach County, Florida. PARCEL 6 That part of the sidewalks lying along Ocean Avenue, SE 4th Street and SE 2nd Avenue vacated pursuant to Ordinance No. 05-054 recorded in Official Records Book 19359, at page 1876, of the public records of Palm Beach County, Florida, which is more particularly described as follows: Portions of Southeast 4th Street, Southeast 2nd Avenue and Ocean Avenue lying adjacent to Blocks 7 and 12, ORIGINAL TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida, and Block 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT), according to the Plat thereof, as recorded in Plat Book 15, page 18, of said public records, being more particularly described as follows: Beginning at the Southwest corner of said Block 7; thence South 000 02' 09" West along the West line of said Block 12, a distance of 312.55 feet to a point on the arc of a non-tangent curve concave to the Northeast (a Page 602 of 736 radial line through said point bears South 690 00' 03" West from the radius point of the next described curve); thence Southeasterly along the arc of said curve having a radius of 16.19 feet, a central angle of 490 54' 09", an arc distance of 14.10 feet; thence South 880 31' 35" East, 313.23 feet to a point on the arc of a non-tangent curve concave to the Northwest (a radial line through said point bears South 000 45' 40" West from the radius point of the next described curve); thence Northeasterly along the arc of said curve having a radius of 24.00 feet, a central angle of 440 49' 08", an are distance of 18.77 feet; thence North 000 02' 09" East, along the West right of way line of Federal Highway (U.S. No. 1, State Road No. 5) to a point of cusp with a curve concave to the Northwest and reference Point "A"; thence Southwesterly along the arc of said curve having a radius of 25.00 feet, a central angle of 900 58' 24", an arc distance of 39.69 feet to a point on the South line of said Block 12 and the point of tangency; thence North 880 59' 27" West along said South line, 309.58 feet; thence North 000 02' 09" East, 312.55 feet to the South line of said Block 7; thence North 880 59' 27" West along said South line, 5.00 feet to the POINT OF BEGINNING. TOGETHER WITH: Commencing at said reference Point "A"; thence North 001 02' 09" East, 551.91 feet to the POINT OF BEGINNING; thence North 000 02' 09" East, 6.10 feet to a point on the arc of a non-tangent curve concave to the Southwest (a radial line through said point bears North 500 46' 09" East from the radius point of the next described curve); thence Northwesterly along the arc of said curve having a radius of 24.00 feet, a central angle of 491 48' 36", an arc distance of 20.84 feet; thence � n o r North 88o 59 27 West, 152.24 feet, thence South 45 33 42" West, 4.32 feet; thence South 880 59' 27" West, 166.51 feet; thence South 000 02' 09" West, 11.51 feet; thence South 880 59' 27" East, 340.01 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach Palm Beach County, Florida. PARCELS 1 THROUGH 6 ALSO DESCRIBED AS: Portions of Blocks 7 and 12, ORIGINAL TOWN OF BOYNTON, according to the Plat thereof, recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida. TOGETHER WITH portions of Southeast 4th Street, Southeast 2nd Avenue and Ocean Avenue -lying adjacent to said Blocks 7 and 12, ORIGINAL TOWN OF BOYNTON, according to said Plat. TOGETHER WITH a portion of Southeast 1st Avenue lying between said Blocks 7 and 12, now vacated, and a portion of Southeast lst Place lying in said Block 7, now vacated, ORIGINAL TOWN OF BOYNTON, according to said Plat. TOGETHER Page 603 of 736 WITH a portion of Block 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT), according to the Plat thereof, as recorded in Plat Book 15, page 18, of said public records, being more particularly described as follows: Commencing at the intersection of the centerline of Ocean Avenue with the centerline of Federal Highway (State Road No. 5, U.S. Highway No. 1) (100 foot right of way).; thence North 881 59' 27" West along said centerline of Ocean Avenue, 50.01 feet; thence South 000 02' 09" West, 26.91 feet to the POINT OF BEGINNING; thence continue South 000 02' 09" West, 558.24 feet to a point on the are of a non-tangent curve concave to the Northwest (a radial line through said point bears North 440 03' 28" West to the radius point of the next described curve); thence Southwesterly along the arc of said curve having a radius of 24.00 feet, a central angle of 44° 49' 08", an are distance of 18.77 feet to the point of tangency; thence North 881 31' 35" West, 313.23 feet to a point on the arc of a non-tangent curve concave to the Northeast (a radial line through said point bears North 190 05' 54" East to the radius point of the next described curve); thence Northwesterly along in a radius o f 16.19 feet a central angle of the are •f said curve having g 490 54' 09", an arc distance of 14.10 feet; thence North 000 02' 09" East, 588.85 feet; thence South 88° 59' 27" East, 166.51 feet; thence North 450 33' 42" East, 4.32 feet; thence South 881 59' 27" East, 152.24 feet to the beginning of a tangent curve concave to the Southwest; thence Southeasterly along the arc of said curve having a radius of 24.00 feet, a central angle of 491 45' 36", an arc distance of 20.84 feet to the POINT OF BEGINNING. Page 604 of 736 EXHIBIT "B" SITE PLAN Page 605 of 736 EXHIBIT I EXHIBIT 1 500 OCEAN PROJECT ESTIMATED UTILITY COSTS ESTIMATED CITY DEVELOPER CITY DESCRIPTION COST SHARE SHARE PERCENTAGE 16"WATER 4TH STREET- 458 LF $ 128,240 $ 91,601 $ 36,639 71.43% 16"WATER 4TH STREET- 200 LF $ 56,000 $ 56,000 $ 100% 12"REUSE WATER 2ND AVE- 378 LF $ 75,000 $ 75,000 $ 100% 100% 12"WATER FEDERAL HW NORTH-193 LF $ 61,000 $ 61,000 $ - 8"WATER FEDERAL HW-SOUTH- 486 LF $ 119,000 $ 119,000 0% 12"WATER RETAIL PARKING- 355 LF $ 48,500 $ 31,776 $ 16,724 65.52% 8"SANITARY RETAIL PARKING-447 LF $ 56,000 $ - $ 56,000 011/0 8"WATER UNDER BUILDING CREDIT 429LF $ 9,000 $ - $ 0% TOTAL $ 552,740 $ 315,376 $ 228,364 Page 606 of 736 s4yo of 80YWOR 80acA, file 8OYmfOm '6'#'aC4' FeOrida March 21, 2018 2'i-,idrew FAL1, CF.,'--Y L',"ED ��-P Okeotor of DevelopmazA Develop?nc;nt Depart oto i'.t City of Boynton Fres, , 'JO E. Lo.1,1.iLton i�esci� 111vcl- L,:)imton T�e: bOO Ocean bvYfltoll 171'c«ida Dear Aud,eew: la accordaiicc with AtAle Se of ON Develapays Agnsemat we svete required to provide a ca-,,'.i su:roty t.-.) cm%r 50% of the coat to W77 AcARKinec croE;,-i-ag Fedexal Higlavay, Thj.6 is to .t tLe relei;!e clt.-z P cash Enuety in the ain,.'mmt of$26,1,4-G1.31, he)(1 by th,, .:a.;yr rel acing to that pobsi!Ae myork of Federal WENvay. Pmai convarsations mith City, it that the lvorh OR notlbo. at tl,is tL-ne n,, -:1. the foresecable Alt? re. 'Lx...-7a k you 'o- yoxy conpideratkr� am, js,i-qtaricx. ith t1l,e re:-" se of sture"Y. ThOLLas llayd-ell Vica k,,,i lit Loyntor :3eacla, Page 607 of 736 1 2 RESOLUTION NO. R16-007 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING A FIRST AMENDMENT TO 6 DEVELOPER'S AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH AND SKYE AT BOYNTON BEACH, LLC, 8 THAT DEFINES THE DEVELOPER'S OBLIGATIONS AS PART 9 OF A CONSTRUCTION AGREEMENT BETWEEN THE CITY 10 AND FDOT FOR CERTAIN ROADWAY IMPROVEMENTS 11 ALONG SOUTH FEDERAL HIGHWAY IN FDOT RIGHT OF 12 WAY; AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, on July 1, 2014 the City Commission approved the 500 Ocean site 15 plan for the mixed use project consisting of 341 dwelling units within five (5) six (6) story 16 buildings, retail space and associated amenities and parking, zoned MU-H (Mixed Use 17 High); and 18 WHEREAS, on May 5, 2015, the land development agreement between the City 19 and SKYE at Boynton Beach, LLC., was approved via Resolution 15-047; and 20 WHEREAS, the First Amendment outlines the developer obligations as required 21 by the execution of a Construction Agreement between the City of Boynton Beach and the 22 Florida Department of Transportation for certain right of way improvements along South 23 Federal Highway adjacent to the 500 Ocean project required as part of the FDOT 24 permitting process; and 25 WHEREAS, upon recommendation of staff, the City Commission of the City of 26 Boynton Beach Florida deems it to be in the best interest of the citizens of the City of 27 Boynton Beach to approve and authorize the City Manager to sign the First Amendment to 28 the Developer's Agreement between the City of Boynton Beach and SKYE at Boynton 29 Beach, LLC. s:\CC\WP\Resolutions\2016\R16-007 SKYE—1st_Amendment_to_Developers_Agmt.doe Page 608 of 726 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 33 as "being true and correct and are hereby made a specific part of this Resolution upon 34 adoption. 35 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 36 approves and authorizes the City Manager to sign the First Amendment to the Developer's 37 Agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC., a 38 copy of the First Amendment to Developer's Agreement is attached hereto as Exhibit"A". 39 Section 3. That this Resolution shall become effective immediately. 40 PASSED AND ADOPTED this 19th day of January, 2016. 41 CITY OF BOYNTON BEACH, FLORIDA 42 YES NO 43 44 Mayor—Jerry Taylor / 45 46 Vice Mayor—Joe Casello t 47 48 Commissioner—David T. Merker 49 50 Commissioner—Mack McCray 51 52 Commissioner—Michael M. Fitzpatrick 53 54 55 VOTE 56 ATTEST: 57 � j;✓;f >r T M i l 58 59 Ct 60 J4jth A. Pyle, CMC 61 InT.erim City Clerk ` �. 62 63 (Corporate Seal) S:\CC\WP\Resolutions\2016\R16-007 SKYE-1st—Amendment to_Developers_Agmt.doe Page 609 of 7'36 .17IRST TO' AG EENIENT This First Amendment to Dev;Aoper's Agreemen'L i,-- made --.aid entered into this 16 day of February2016 by and betr„,een th.t (_`ity of Boynton 13.acjl (hereinafter referred to as "Citv”) and Skye at Boynton Beach, LLC., (hereinafter referred to -,.s "Developer")(collectively referred to as the "parties"). I-V 1 T 1N E S S ETH WHEREAS, the City and Developer entered into a Developei's Agre,,-ment (,�\.C>reement") M dated May 5, 20f 5, a copy ofwhich is attached hereto as Exhibit "A": and W-LIEREAS, Developer is obligated to construct on-street parking along 1.).4. Highway One as a condition of the approved site plan; and I �AVIEREAkS, as a condition of construction of the on-street parking, the City was required to enter into in Agreement with the Florida Dei)artment of Transportation (horeinafter "FDOT"); and `vli'v iEREAS. THE Developer has agreed to indemnify, the City against all risk arising from the `it-Cs a-reernent with FDOT; and -I , C, _ VV� i UERIEA�_ S, the Developer has agreed to reirnburse th-_- City for th-, cost of any bond required by FDO'fot'the City; and IITZRT,�A.S, the parties desire to :further amend said Agreement as provided below, N -- NOW TITFEREFOta E, in consideration of the premises and for other good and valuable C� consideration., the receipt and sufficiency of which are hereby acknowledged, tha parties agree as ,ollows: I i, The recitals contained herein are hereby incorporated by referencz- 2, Developer has reviev,7ed the City's. Agreerneat with FDOT and agrees to indeninify the City against any riskto the City arising from that Agreement; and 3. The Developer shall pay to the City, within thirty clays of written request, the cost of any bond required of the City by FDOT; and 4, This Agreement shall survive the expiration of the Developer's Agreement and shall remain in effect until the City has satisfied its obligations under the City's Agreement with FDOT and has been released therefrom. 5. Th,- terms and conditions of the Agreejnetit shall remain in full force and effect except as spccifically amended herein. In the event of a conflict between the terms of the Agreement and this First Amendment, the terms of the First Amendment shall control. I of 2 Page 610 of 736 L U7h 10 P c r, I o n Y'l I :dll!C(s,) s,ef. lbrlth, --F4 0 &PPRO'VEND �qT1 Mtcraey Janles A. Chero U kOT, LLC� Al' .BOYII ............................... TITLE: ce, DATE: I Ili Stale of Florida County o. The foregoing instrument was acknowledged. before Tne diis2- ,�4 av of January, 21016 by in his capacity as M44b+,- * -)I'Skve at 2,oY nton Beach V-1-�o,wil to Me Produced Identification ...................... ................... Notary Signature: t1KE ........ . moi -XPI 9. by ii % ti ; 2 VO TA Page 611 of 736 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 15-007 Tim oar , Director of Financial Services Andrew P. Mack, . ., CBO, BuildingOfficial/City ineer g M. June 12, 2015 SUBJECT: 500 Ocean eveAgreement)AMENDED Yesterday I received an updated cost estimate from the Engineer for 500 Ocean detailing the cost to underground the utilities across Federal Highway at SE 2"d Avenue. The cash surety representing 50% of the cost will need to be reduced the difference refunded back to the developer. Original surety amount = $325700.00 Amended surety amount = $26,961.66 Amount to be refunded = 5,738.34 Please have the refund check sent to their attorney t: ri Wald Biondo Moreno & Pegg, P.A. Real Estate Trust Account 1200 Ponce De Leon Boulevard Coral Gables, Florida 33134 If you have any questions please contact me in the office at 561.742.6366. Thanks. cc: Jeff Liver oo , . ., Director of Public Works and Engineering Frantz Lott, E.I., Engineering Plans Analyst/Inspector Don , Agent for SKYE at Boynton Beach, LLC File SAEngineering\MemorandumsNEMORANDUMS 2015\15-007 MACK-500 Ocean-Federal Hwy FPL Surety.doc Page 612 of 736 ' t Al Brannon illes ie LLC ` Consulting Engineersu, Opinion June 5, 2015 Total Pages (including this sheet) : City of Boynton Beach, Florida Project: Cost to Underground Overhead Utilities Crossing Federal Highway 310 Federal Hwy @ 2nd Ave, Boynton Beach, Florida It is our professional opinion that the cost of this work will be approximately $53,923.00 if executed by the respective utility crews using current utility construction practices and materials. This cost represents my professional opinion as to the cost to replace one FPL standard concrete distribution pole with one 12Kip heavy duty concrete self- supporting FPL pole, and replace the overhead utility wires and cables crossing Federal Highway withunderground ires and cables for a distance of approximately 140 feet. The work will be accomplished in two parts. FPL Crews and Comcast crews will work independently relative to their respective facilities. The work involves the following tasks. Verify Existing n r round Utilities have been located. Place Traffic Control Signage/Barricades and Flagmen per FDOT MOT. Cut and RemoveExisting Sidewalk as necessary. Install one 12Kip Self Supporting Concrete FPL DSBN Pole set 14 feet. Install one 40K multi-helix anchor and two down guys. Install via Directional Bore 1-6" FPL conduit 140 feet under Federal Hwy. Install 140 feet of 3-1000KCmil-25KVfeeder cable and UG feeder risers. Frame poles both sides of Federal for FPL OH Feeder Deadend. Install underground Feeder Terminations, Switches, and Lightning Arresters. Install FPL Temporary Mechanical Jumpers. Remove 140 feet of 3#568AAAC & 1#3/OAAAC-N OverheadConductors. Install 140 Feet of - " Communications conduit via Directional Bore. Install 140 feet plus risers of 48 strand Fiber Optic Cable andTrunk Coax. Install Fiber Optic Slack Cable Vaults at the Base of each Pole. Cut and Pull Back 140 feet of Comcast Fiber Optic & Coax Cable. Splice 48 StrandFiber Optic Cable at Vaults with 50 feet of Slack Cable. Remove Vacated FPL Concrete pole on East Side of Federal. Replace Concrete sidewalk as required. GIUME UC,631 US HIGHWAY1,ME 30 1,hKX7H PALM BEACIt ROOM 33408 Fbge 1 of Page 613 of 736 LABOR& OVERHEADS MAT'L TOTAL DESCRIPTIONS COST 20.00° COST HOLE, POLE $314.60 $62.92 $377.52 ADDITIONAL SET DEPTH $291.20 $58.24 $349.44 POLE-CONCRETE 12K-VIA CRANE INSTALL $9,955.00 $1,991.00 $11,946.00 POLE-CONCRETE DSBN>=45 FT REMOVE $522.60 $104.52 $627.12 CUT PAVING OR SIDEWALK $197.60 $39.52 $237.12 DRILL CONCRETE POLE $478.40 $95.68 $574.08 PATCH SIDEWALK-CONC-CONTR(Sq.Yd) $288.00 $57.60 $345.60 ANCHOR-MULTI-HELIX ALL $218.40 $43.681 $262.08 GUY-DOWN,ALL $327.60 $65.52 $393.12 GROUND ROD-10'SECT $67.60 $13.52 $81.12 GROUND ROD VERIFY $20.80 $4.16 $24.96 INST CROSSARM 64/102 STEEL $171.60 $34.32 $205.92 REMOVE CROSSARM 641102 STEEL $62.40 $12.48 $74.88 HORIZONTAL SWITCH RACK $431.60 $86.32 $517.92 POT HEAD SUPRT/SW BRACKET $192.40 $38.48 $230.88 CONDUCTOR, MAX4/0 $109.20 $21.84 $131.04 CONDUCTOR, LGR 4/0 $491,40 $98.28 $689.68 DEADEND, FIBER OPTIC $75.40 $15.08 $90.48 DOWNLEAD CUSHION, FIBER OP $52.00 $10.40 $62.40 DEADEND SHOE/AUTO $530.40 $106.08' $636.48 JUMPER, LGR 4/0 $436.80 $87.36 $524.16 STIRRUP, LGR 410(NO STICK) $24.9,60 $49.92 $299 52 SURGE ARRESTER $967.20 --fl 93-44 $1,160.64 SWITCH-DISCONNECT $1,575.60 $315.12 $1,890.72 LOAD/HAUL MATERIAL $280.80 $56.16 $336.96 BARRICADE,TRAFFIC $104.00 $20.80 $124.80 MECHANICAL JUMPER $665.60 $133.12 $798.72 HANDLING REMVD REIMB MATL $26.00 $5.20 $31.20 SWITCHING-SUBSTATION $130.00 $26.00 $156.00 SWITCHING FIELD $156.00 $31.20 $187.20 DEADEND AUTO/SHOE STK $1,326.00 $265.20'- $1,591.20 WORK ZONE $421.20 $84.24 $505.44 TRAFFIC CNTL CONES/BARRACADES $325.00 $65.00 $390.00 TRAFFIC CNTL FLAGMAN CONTR. $440.00 $88.00 $528.00 TERMINATE 1000 KCMIL XPE FEEDER COMPLETE $1,820.00 $364.00 $2184.00 INSTALL FEEDER RISER ON EX POLE $5,460.00 $1,092.00 $6,552,00 DIRECTIONAL BORE-6"CONDUIT(FT) $4,246.67 r $849.33 $5,096.00 DIRECTIONAL BORE-SETUP $1,100.00 $220.00 $1,320.00 INSTALL 1000KCMIL FEEDER CABLE IN WCOND >50' $3,033.33 $606.67 $3,640.00 SPLICE FIBER OPTIC CABLE $1,296.00 $259.20 $1,555.20 FIBER OPTIC CABLE-PULL IN (FT)(Labor Only) $70.00 '-$14.00 $84.00 FIBER OPTIC 48 STRAND CABLE(FT)(MaVI Only) $126.00 $25.20 $151.20 FIBER OPTIC PUL.BOX/SLACK VAULT 30"x 18" $500.00 $100.00 $600.00 DIRECTIONAL BORE 2-2"FIBER DUCT $2,240.00 $448.00 $2,688.00 DIRECTIONAL BORE FIBER DUCT SETUP $2,500.00 $500.00 $3,000.00 COAXIAL TRUNK CABLE LRG $262.50 $52.50 $315.00 $44,556.50 $8,987.22 $53,923.32 BRANNON& GILLESPIE LLC, 631 US HIGHWAY 1, STE 301, NORTH PALM BEACH, FLORIDA 33408 Page 2 of 3 Page 614 of 736 Danny r non® ° ° Florida • +� g .. • r4 • if IA 7r iPot i It O 4 §. •y • • • S. Date � •• •w•m+•®••• n r� Brannon & ille i , LL 1 US Highway301 North l ch, Florida CA # 6784 ANNON& GILLESPIE LLC, 631 US HIGHWAY 1, S'TE 301, NORTH PALMB CH, FLORIDA 334o Page 3Of3 Page 615 of 736 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 15-005 Tim owar , Director of Financial Services Andrew P. Mack, P.E., CBO, BuildingOfficial/City Engineer , DATE: June 5, 2015 SUBJECT: 500 Ocean re (Developers ree a t) Please find attached check #10992 in the amount of$32,740 representing the guarantee as required by the developers agreement between the City of Boynton Beach and SKYE t Boynton Beach, LLC representing the surety to the City for the duration o the developers agreement to bury the overhead utilities lines across Federal Hwy at S 2nd Avenue in thea of of 50% of the cost based on an licensed engineer's or FL's estimated cost. If you have any questions please contact me in the office at 561.742.6366. Thanks. cc: Jeff Liverood, P.E., Director of Public Works and Engineering Frantz Laontat, E.I., Engineering Plans nalyst/Ispector File S:\Engineering\MemorandumsNEMORANDUMS 2015\1 5-005 MACK-500 Ocean-Federal Hwy FPL Surety.doc Page 616 of 736 mo 10992 MURAII WALD ,PA. Sabadell MIAMI, REAL ESTATE TRUST ACCOUNT United BankFLORIDA 33130 1200 PONCE DE LEON BLVD, CORAL GABLES,FLORIDA 33134 63-9641670 NUMBER PAY *THIRTY TWO THOUSAND, SEVEN HUNDRED AND 00/100 DOLLARS- TO THE DATE AMOUNT ORDER OF 05/22/15 10992 ****$32,700.00 City of Boynton Beach MURAI WALD BIONDO MORENO&PEGG,PA. BY L 111010992118 ':06 ?009F4P=s. 10000091165118 MURAI WALD BIONDO MORENO&PEGG,P.A NUMBER 1200 PONCE DE LEON BLVD,CORAL GABLES,FLORIDA 33134 10992 CITBOYN City of Boynton Beach 10992 Voucher Date Invoice Description Matter Amount 86635 05/22/15 01706-120 Bond Boynton Beach 32;700.00 05/22/15 Total Paid 32,700.00 MURAI WALD MORENO&1200 PONCE DE LEON BILOVD.,OCORAL GABLES,FLORIDA 33134 10992 CITBOYN City of Boynton Beach 10992 Voucher Date Invoice Description Matter Amount 86635 05/22/15 01706-120 Band Boynton Beach 32;700,00 44 05=115 Total Paid TO REORDER,CALL Mi{R LOCAL SAFE3UARD DISTRIBUTOR AT 705-327-9550 32;711V. r 17°' 6 J 9.A. CITY MANAGER'S REPORT 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Discuss Budget Workshop dates and times: Last year the Commission held a Public Input Workshop in May then the Budget Workshops in July. The below dates would accommodate the same meetings for this upcoming budget cycle: Public Input Budget Workshop, Tuesday, May 29, 2018 @ 6:30 P.M. at Intracoastal Park Clubhouse; and Budget Workshops at Intracoastal Park Clubhouse; Monday, J my 16, 2018 @ 5:00 P.M. Tuesday, July 17, 2018 @ 10:00 A.M. Wednesday, July 18, 2018 @ 2:00 P.M. Please note the change in location due. EXPLANATION OF REQUEST: Our FY 2018/2019 Budget process is underway. Proposed Budget Workshops are scheduled to be held July 16-18, 2018 at the Intracoastal Park Clubhouse. Typically the Commission staggers the starting times to accommodate the public's attendance at these workshops. The Commission adopts a Preliminary Fire Assessment Resolution and a Tentative Millage Rate Resolution at these workshops. Based on past Workshops times, staff is recommending the following times: Tuesday, May 29, 2018: 6:30 p.m. for Public Input Budget Workshop and; Budget Workshops: Monday, July 16, 2018: 5:00 p.m. Tuesday, July 17, 2018: 10:00 a.m. Wednesday, July 18, 2018: 2:00 p.m. As a reminder, Tuesday, July 17, 2018 there will also be a regular City Commission meeting at 6:30 pm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Page 618 of 736 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 619 of 736 11.A. NEW BUSINESS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-064-Accept the transfer of property at 201 NE 1st Avenue from the Boynton Beach Community Redevelopment Agency. EXPLANATION OF REQUEST: On April 10, 2018 the Boynton Beach Community Redevelopment Agency (CRA) approved the transfer of property at 201 NE 1st Avenue to the City of Boynton Beach for use in the Town Square Project for $10.00. This property will be used in the City's Town Square mixed-use redevelopment and is considered to be an important catalyst to the redevelopment of both the Cultural and Boynton Beach Boulevard Districts described in the 2016 Boynton Beach Community Redevelopment Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None. STRATEGIC PLAN: Redevelop Downtown STRATEGIC PLAN APPLICATION: This lot is part of the Town Square project. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 620 of 736 ATTACHMENTS: Type Description D Resolution Resolution approving and accepting transfer of the CRA parking lot at 201 NE 1 st Avenue Warranty Deed transferring 201 NE 1st Avenue D Other to City from CRA D Attachment CRA agenda item 4-10®1 Page 621 of 736 I RESOLUTION NO. R18 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND ACCEPTING THE 5 TRANSFER OF PROPERTY AT 201 NE 1sT AVENUE 6 FROM THE BOYNTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, on April 10, 2018, the Boynton Beach Community Redevelopment 11 Agency (CRA) approved the transfer of property at 201 NE Pt Avenue to the City of Boynton 12 Beach for use in the Town Square project; and 13 WHEREAS, the property will be used in the City's Town Square mixed-use 14 redevelopment and is considered to be an important part to the redevelopment of both the 15 Cultural and Boynton Beach Boulevard Districts described in the 2016 Boynton Beach 16 Community Redevelopment Plan; and 17 WHEREAS, the City Commission, upon recommendation of staff, deems it in the 18 best interest of the Citizens and residents of the City of Boynton Beach to approve and accept 19 the transfer of property at 201 NE Pt Avenue from the Boynton Beach Community 20 Redevelopment Agency for use in the Town Square Project. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are true and correct and 24 hereby ratified and confirmed by the City Commission. 25 Section 2. The City Commission of the City of Boynton Beach hereby approves 26 and accepts the transfer of property at 201 NE Pt Avenue from the Boynton Beach 27 Community Redevelopment Agency for use in the Town Square Project. 28 29 Page 622 of 736 I Section 3. That this Resolution will become effective immediately upon passage. 2 PASSED AND ADOPTED this day of , 2018. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 YES NO 6 Mayor— Steven B. Grant 7 8 Vice Mayor—Christina Romelus 9 10 Commissioner—Mack McCray 11 12 Commissioner—Justin Katz 13 14 Commissioner—Joe Casello 15 16 17 VOTE 18 ATTEST: 19 20 21 22 Judith A. Pyle, CMC 23 City Clerk 24 25 26 27 (City Seal) 28 Page 623 of 736 Prepared by and return to: Kenneth W.Dodge, Esquire Lewis,Longman & Walker,P.A. 515 North Flagler Drive,Suite 1500 West Palm Beach,FL 33401 Telephone: 561-640-0820 [Space Above This Line For Recording Data] VV arrpnty Deed This Warranty Deed made thisday of 2018, between Boynton Beach Community Redevelopment Agency, a public agency created pursuanYto Chapter 163, Part III, of Florida Statutes, whose post office address is 710 N. Federal Highway, Boynton Beach, FL 33435, grantor, and City of Boynton Beach, a Florida municipal corporation whose post office address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals,and the successors and assigns of corporations,trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate,lying and being in Palm Beach County, Florida to-wit: Parcel 1: THE SOUTH 60 FEET OF LOTS 11 AND 12, BLOCK 3, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Parcel 2: THE NORTH 1/2 OF LOTS I 1 AND 12, BLOCK 3, TOWN OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Together With: LOTS 13 AND 14, BLOCK 3, TOWN OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2018. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. 00962024-1 DoubleTime"' Page 624 of 736 Signed, sealed and delivered in our presence: Boynton Beach Community Redevelopment Agency,a public agency created p rsuant apter 163,Part III,of Florida t By: Wi ss ame: ®rygal `� f®/l Cif Steven B. Grant,Chair Witness Name: �� Ate, (Corporate Sea]) BONTON =BEACIfERA State of Florida County of Palm Beach The foregoing instrument was acknowledged before me thisay of 2018, by Steven B. Grant of Boynton Beach Community Redevelopment Agency, a public agenc created pu uant to Chapter 163, Part III, of Florida Statutes, on behalf of the corporation. He/sh s personally wn to me or [ ] as produced a driver's license as identification. [Notary Seal] ry Pu Ic Printed Name: My Commission Expires: =National TTERBACK State of Florida GG 1$2974 es Feb 5,2022 Bondednal Notary Assn. 00962024-1 Warranty Deed-Page 2 DoubleTime"' Page 625 of 736 (`nisi\t'`1�1,�Alltti b)�i�� B OY N TO,N 118MBEACH ORA CRA BOARD MEETING OF: April 10, 2018 NEW BUSINESS AGENDAITEM: 14.E. SUBJECT: Consideration of Transfer of the CRA Owned Property Located at 201 NE 1 st Avenue for Use in the Town Square Project SUMMARY: As identified in the 2016 Boynton Beach Community Redevelopment Plan, the Town Square P3 Mixed-Use Project is an important catalyst to the redevelopment of both the Cultural and Boynton Beach Boulevard Districts. Providing CRA funding to assist in the completion of such a large scale and significant project has been long supported by the Plan and the Board. At the March 13, 2018 CRA Special Board meeting, the Board approved the Interlocal Agreement for funding for Phase 2 of the Town Square Project. CRA and City staff are requesting the CRA Board's consideration and approval to transfer the CRA owned property located at 201 NE 1 st Avenue to the City of Boynton Beach for$10 for their sole use as part of the Town Square P3 Mixed-Use Project (see Attachments I & 11). Any change in the development use planned for the property other than those described in the Town Square Redevelopment Plan will require CRA Board approval and the property to revert back to the CRA. FISCAL IMPACT: None. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the transfer of the CRA owned lot located at 201 NE 1st Avenue to the City of Boynton Beach for use within the Model Block Project area for the monetary consideration of$10.00 dollars. 2. Do not approve the transfer of the CRA owned lot located at 201 NE 1st Avenue to the City of Boynton Beach for use within the Model Block Project area for the monetary Page 626 of 736 consideration of $10.00 dollars. ATTACHMENTS: Description Attachment I - Property Map & Detail Attachment II -Town Square Site Plan Page 627 of 736 h t (( t1 IgLU Ln -- i }(j7 ii z t � t t ` 4 a v {f1 rn n i, 1 < ¢ oma,. rd CLkn rq .. .. 0) CL a kn L � a W Y T ' r d w a © n y age 628 of 736 a A ' r ry Location Address 201 NE 1 STAVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-28-03-003-0110 Subdivision BOYNTON TOWN OF IN Official Records Book 21982 Page1960 Sale Date JUL-2007 Legal Descrphon TOWN OF BOYNTON LTS 11 THRU 14 BLK 3 Marling address Owners 710 N FEDERAL HWY BOYNTON BEACH CRA BOYNTON BEACH FL 33435 3910 Sales Date Price OR Book/Page Sale Type Owner JUL-2007 $265,000 21982/01960 WARRANTY-DEED BOYNTON BEACH CRA Exemption Applicant/Owner Year Detail BOYNTON BEACH CRA 2017 FULL,:CRNS AND DDAS Number ofUnits 0 *Total Square 0 Acres 0.6366 Feet 8900- C4-General Commercial(08-BOYNTON Use Code MUNICIPAL ZoningBEACH) Tax Year 2017 2016 2015 Improvetmrt Value $37,038 $34,531 $35,236'', Land Value $378,515 $360,490 $342,809' Total Market Value $415,553 $395,021 $378,045 All values are as ofJanuary 1 st each year Tax Year 2017 2016 2015 Assessed Value $195,446 $177,678 $161,525', ExemptionAmourt $195,446 $177,678 $161,525 Taxable Value $0 $0 $0'' Tax Year 2017 2016 2015 Ad Valorem $0 $0 $0'' Non Ad Valorem $0 $0 $0' Total tax $0 $0 $0'' Page 629 of 736 111113HIMIN111111111112 CFN 20130466415 OR BK 2640a PG 0703 RECORDED 10/25/2813 10:01:14 Pain Beach County, FLorida Prepared by and Return to: Sharon R. Bock,CLERK L CORPTROLLER Pgo 0793 - 705; (3pgo) (Space Above This Line For Recording Data) DECLARATION OF UNITY OF TITLE NOW ALL MEN BY THESE PRESENTS, that the Boynton Beach Community Redeveippment Ag ja_(name of Owner), pursuant to the ordinances of the City of Boynton Beach pertaining to the issuance of building permits and regulating building construction activities, the undersigned, being the fee owner of the following described real property situated in the City of Boynton Beach, County of Palm Beach and State of Florida to-wit: Addresses (if applicable) : 208 NE I" Street, Bo ton Beach FL 33435 201 NE 1St Avenue, Boynton Beach, FL 33435 Legal descriptions and PCN: See Exhibit "A" attached hereto. does hereby make the following declarations of condition, limitation and restriction on said lands, hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: I. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one (1) title as an indivisible building site. 2. That the said property shall be henceforth be considered as one (1) plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land. The undersigned further agree(s) that this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, their heirs, successors and assigns, and all parties claiming under them until such time as the same may be released in writing by the authority of the administrative head of the Boynton Beach Department of Development and approved by the City Attorney and the Mayor upon submittal of request, applicable fees and evidence that the agreement is no longer required by Page 630 of 736 law. The undersigned also agrees that this instrument shall be placed of record in the office of the Clerk of the Circuit Court of Palm beach County, Florida. Signed, sealed, witnessed and acknowledged th d eay of 20Z J. Witnesses: Signature of Witness :s; Signature v I L I - P ed Name of Witness Print Nate an Title re(vior !T fWitness Owner's Signature Cq C'MA 0+DtV Printed N of Witness Print Name and Title STATE OF COUNTY OF I HEREBY CERTIFY that on this ay of LlAlk— 201P, before me personally appeared Viv I (I V1 krmir(z tome own to be the persons described in and who executed Vel !orejoi;j ins et and they acknowledged to me the execution thereof to be their fi-ee act and deed for the uses and purpose herein mentioned. WITNESS my signature and official seal at in the County d State aforesaid. Not Pub is My Commission Expires: fto of FWA emomm 0 00 43 M Ostia k"th"NOW N"hft Page 631 of 736 EXHIBIT LEGAL DESCRIPTIONS and C (s) 208 NE 1st Street, Boynton Beach, FL 33435 The North %2 of Lots I 1 and 12, Block 3, TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. PCN: 08-43-45-28-03-003-0112 and Lots 13 and 14, Block 3, TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 23 of the Public Records of Palm Beach County, Florida. PCN: 08- 3-45-28-03-003-0130 201 NE lst Avenue, Boynton Beach, FL 33435 The South 60 feet of Lots 11 and 12, Block 3, TOWN OF BOYNTON, according to the Plat thereof as recorded in Plat Book 1, Page 23, the Public Records of Palm Beach County, Florida. PNC: 08-43-45-28-03-003-0111 I rseroaoy vprtify that the fores•oeq, is a Ez i G CUj7y of 1(y mcor' i,,4 my Ci2 7Jltil r i�wva ,.i�rt'cbG �#'r I,.%rd. CLERK&C€�M7 �RCtl_ ER 1 E UTY CLERK Page 632 of 736 10 LLI 7- (D u C: C) < 9 e I LL co uj U) (.) — z -4� :3 Ca Z UJ LU C -0 (J - 0 (D z ZOO L I a) E cc LAW A, A" ui CL IWWN, zLU Ali Ir Mai Page 633 of 736 12.A. LEGAL 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: The Mayor has requested that legal update the Commission on opioid and gun lawsuits that are occurring around the state. 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 634 of 736 12.B. LEGAL 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-065-Authorize the Mayor to sign lease documents for temporary space needed for City Services to operate during construction of Town Square project at the following locations: • 2045 High Ridge Road -for the Library • 209 N Seacrest Blvd -for Library Annex • 3301 Quantum Blvd -for City Hall • 3602-3606 Quantum Blvd -for Police Headquarters Due to some final review of lease language that is underway at time of agenda publishing, there may be revisions made to the leases that are attached prior to the Commission meeting. EXPLANATION OF REQUEST: In preparation for the redevelopment of the property being referred to as Town Square project, City Hall including the Police Department and Fire Station#1, Library, Civic Center and Art Center need to be vacated. • The programs that operate in the Civic Center and Art Center are being relocated to other Recreation facilities within the City; • Staffing from Fire Station#1 will be relocated to Station 4 and Station 5 during the construction of Town Square; • Library, City Hall, Police Department operations will need to be relocated for the construction period estimated at 24-30 months in order to continue to provide these services. The need to move and continue operations has created the need for the City to enter into lease agreements for space to house these essential City Services. Staff is recommending two locations for the Library: 1. 2045 High Ridge Road for the Main Library, approx. 23,000 Sq Ft, for an estimated monthly cost of $25,975, rent to begin 6/1/18. 2. 209 N Seacrest Blvd for a Library Annex, first floor, for estimated monthly cost of$8,360, rent to begin 6/1/18. Staff is recommending space at 3301 Quantum Blvd for the City Hall functions, approximately 23,000 Sq Ft, for an estimated monthly cost of$42,166.67, rent to begin 8/1/18. Staff is recommending space at 3602-3606 Quantum Blvd for the Police Headquarters, approximately 27,300 Sq Ft, for an estimated monthly cost of$24,501.75, rent to begin 7/1/18. There are some build out costs that will be required for the leased space to accommodate the City functions. The library is estimated at$25,000, the City Hall is estimated at$46,000 but the lease provides for landlord to reimburse City up to $46,000 for tenant improvements so net effect will be zero. The Police will require the most cost based on type of services needed and the current estimate is approximately $250,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Page 635 of 736 By entering into these leases it will allow City services to move from there current locations and allow the redevelopment of the Town Square project to proceed in a more effective and efficient manner. FISCAL IMPACT: The estimated costs for the remainder of FY 17/18 is $571,000. The FY18/19 estimated costs is $1,220,000 and will be included in the proposed FY 18/19 operating budget. The estimated costs for FY 19/20 is$805,000 and will be included in the operating budget proposal. ALTERNATIVES: Do not approve leases and schedule and pricing for the demolition and construction of Town Square Project would be adversely affected. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution authorizing the Mayor to sign the D Resolution Lease documents for temporary space for the Town Square Project D Attachment Library D Attachment Library Annex Space D Attachment City Hall D Attachment Police Department Page 636 of 736 1 RESOLUTION NO. R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN LEASE DOCUMENTS FOR TEMPORARY SPACE FOR 7 CITY SERVICES TO OPERATE DURING CONSTRUCTION OF 8 TOWN SQUARE PROJECT; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 12 WHEREAS, in preparation for the redevelopment of the Town Square project, City 13 Hall including the Police Department and Fire Station #1, Library, Civic Center and Art 14 Center need to be vacated; and 15 WHEREAS, the City will need to lease temporary space to operate from to ensure 16 uninterrupted City services; and 17 WHEREAS, staff is recommending leasing the following locations: 2045 High 18 Ridge Road for the Library; 209 North Seacrest Boulevard for the Library Annex; 3301 19 Quantum Boulevard for City Hall and 3602 — 3606 Quantum Boulevard for Police 20 Headquarters; and 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 22 recommendation of staff, deems it to be in the best interests of the City residents to approve 23 and authorize the Mayor to sign lease documents for temporary space needed for City 24 Services to operate during construction of Town Square project. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6BA066B-94AF-40BE-AE21-F2F7DA47DAD6\Boynton Beach.9904.1.Lease_documents for temporary_space_-_Reso.doc Page 637 of 736 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission hereby approves and authorizes the Mayor to 31 sign lease documents for temporary space needed for City Services to operate during 32 construction of Town Square project at the following locations: 2045 High Ridge Road for 33 the Library; 209 North Seacrest Boulevard for the Library Annex; 3301 Quantum Boulevard 34 for City Hall and 3602 — 3606 Quantum Boulevard for Police Headquarters. Copies of the 35 Leases are attached hereto as Composite Exhibit"A." 36 Section 3. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this day of , 2018. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Christina L. Romelus 44 45 Commissioner—Mack McCray 46 47 Commissioner—Justin Katz 48 49 Commissioner—Joe Casello 50 51 VOTE 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6BA066B-94AF-40BE-AE21-F2F7DA47DAD6\Boynton Beach.9904.1.Lease—documents—for—temporary space_-_Reso.doc Page 638 of 736 SUBLEASE This Sublease ("Sublease" or"Lease")is made as of the day of May, 2018, by and between Fantasy Chocolates, Inc., a Florida corporation (hereinafter referred to as "Sublandlord") and City of Boynton Beach, Florida, a municipality of the State of Florida (hereinafter referred to as "Subtenant")with regard to the following facts. RECITALS : A. Sublandlord is the tenant under that certain Lease (the "Master Lease"), dated as of April 23, 2012, with Duke PGC at Quantum 1-9, LLC, a Delaware limited liability company (the "Landlord") (a copy of which Master Lease is attached hereto as Exhibit A and by this reference made a part hereof) concerning approximately 30,000 rentable square feet of industrial space (the "Subleased Premises" or "Premises") located in a portion of the building commonly known as Gateway Center 5 (the `Building") located at 2045 High Ridge Road, Boynton Beach, FL 33342. B. Subtenant desires to sublease from Sublandlord the Premises, and Sublandlord has agreed to sublease the Premises to Subtenant upon the terms, covenants and conditions herein set forth. AGREEMENT : In consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. Sublease. Sublandlord hereby subleases and demises to Subtenant and Subtenant hereby hires and takes from Sublandlord the Subleased Premises. 2. Term. The "Term" of this Sublease shall commence on June 1, 2018 ("Commencement Date") and shall end, unless sooner terminated as provided in the Master Lease on February 3, 2020. The parties hereby agree that from and after the execution of this Lease by Subtenant and Sublandlord, Subtenant shall be permitted to access the Premises to commence Tenant Improvement consisting of but not limited to the installation of furniture, fixtures, equipment and otherwise prepare the Premises for occupancy (collectively "Early Entry Activities"), provided that (i) any such Early Entry Activities do not interfere with the existing occupant of the Premises, and (ii) any such Early Entry Activities to the Premises prior to the Commencement Date shall be, upon all of the same terms and provisions of this Sublease and Subtenant complying with all terms and provisions of this Sublease and the Master Lease, except Subtenant shall not be required to pay Base Rent or Tenant's Proportionate Share of Operating Expenses until the Commencement Date. Subtenant shall not be permitted any access to the Premises until such time as (i) Subtenant has provided Sublandlord with the insurance required by this Sublease, (ii) Subtenant has contacted the existing occupant of the Premises and Sublandlord to coordinate such entry to the Premises with such parties. t00225159.1 306-9905263} 1 34035487.5 x000d x000a 52074.0002 Page 639 of 736 3. Rent. 3.1. Base Rent. Commencing on June 1, 2018, Subtenant shall pay Base Rent during the term of this Sublease in the amount of$195,000 per annum payable $16,250 Dollars per month, plus applicable sales tax, each month in advance on the first day of each month commencing on the Commencement Date and on the first day of each month thereafter with the Base Rent for December, 2019 being $1,625 payable on the first day of December, 2019 and the Base Rent for the balance of the month of December, 2019, January, 2020 and the first three (3) days of February, 2020 being abated ("Base Rent"). Sublandlord shall promptly remit to the Landlord under the Master Lease the rent pursuant to the terms and conditions of the Master Lease. Furthermore, in the event that the term of this Sublease shall begin or end on a date which is not the first day of a month, Base Rent shall be prorated as of such date. 3.2. First Monthly Rent and Security Deposit. Concurrent with Subtenant's execution of this Sublease, Subtenant shall deliver to Sublandlord the first month's Rent in the amount of$16,250 plus sales tax ("First Month Rent") plus the amount of$16,250 as a security deposit("Security Deposit")to be held by Sublandlord as provided below. 3.3. Tenant's Proportionate Share of Operating Expenses. The parties recognize that the Sublandlord will not render any services in connection with this Sublease and that pursuant to the Master Lease, the Sublandlord is required to pay Tenant's Proportionate Share of Operating Expenses which is 52.06% required to be paid under the Master Lease. The parties hereby agree that in addition to the Base Rent, on the Commencement Date and on the first day of each month during the Term of this Lease (except for February, 2020 where such payment shall be prorated based on a 28 day month), the Subtenant shall pay to Sublandlord an amount equal to the Tenant's Proportionate Share of Operating Expenses required to be paid by Sublandlord under the Master Lease. To the extent of any adjustments between Landlord and the Sublandlord with respect to the payment of Tenant's Proportionate Share of Operating Expenses, the Subtenant shall be promptly responsible for any such increase or adjustment. Upon Sublandlord obtaining knowledge as to the amount of such Tenant's Proportionate Share of Operating Expenses from time to time, the Sublandlord shall notify Subtenant of such amount and Subtenant shall pay such adjusted sums within thirty (30) days of such notice and thereafter until notified of further adjustments. The Tenant's Proportionate Share of Operating Expenses presently in effect is presently estimated as $3.89 per square foot for 2018. In addition to such payment, the Subtenant shall be liable for paying all expenses to maintain and operate the Premises, including trash removal and utilities in connection with the Premises. To the extent permitted under the Master Lease, the Sublandlord agrees to cooperate with Subtenant to enable the Subtenant to have the right to audit the Tenant's Proportionate Share of Operating Expenses permitted under the Master Lease. 3.4. Late Charge. In addition to any other remedies available to Sublandlord hereunder, if any payment required to be made by Subtenant to Sublandlord shall become overdue, such amount shall bear interest at the rate from the date thereof to the date of payment at the rate ("Default Rate") equal to the lesser of(i) prime rate of interest as reported in the Wall Street Journal ("Prime Rate") or (ii) 12% per annum. Additionally to the extent any payment of t00225159.1 306-9905263} 2 34035487.5 x000d x000a 52074.0002 Page 640 of 736 Rent is not paid within ten (10) days of the date due, the Subtenant shall pay Sublandlord a late charge of 5% of the amount of the delinquent Rent as a late charge. 3.5. Additional Rent. The Base Rent, Tenant's Proportionate Share of Operating Expenses and any other monies owed by Subtenant to Sublandlord under this Sublease, (collectively referred to as "Additional Rent") shall be paid by Subtenant to Sublandlord as and when payable as set forth in this Sublease and to the extent not otherwise specified such Additional Rent will be paid by Subtenant to Sublandlord within ten (10) days after written demand from Sublandlord to Subtenant requesting such payment. All such Rent, together with applicable sales tax thereon, shall be payable without offset, counter-claim or defense in good U.S. funds at the address of Sublandlord as set forth in Section 8.4 of this Sublease or such other address the Sublandlord may designate upon written notice to Subtenant. 3.6. Rent. Subtenant shall not be obligated to pay base rent for last two months of occupany. 4. Use. Subtenant covenants and agrees to use the Premises for general industrial use in accordance with the provisions of the Master Lease. 5. Master Lease. Subtenant and this Sublease shall be subject in all respects to the terms of, and the rights of the "Landlord" (as defined in the Master Lease) under, the Master Lease and Subtenant shall perform all Sublandlord's obligations under the Master Lease other than with respect to the Landlord payment of Minimum Annual Rent under the Master Lease. Except as otherwise expressly provided in Section 8 hereof, the covenants, agreements, terms, provisions and conditions of the Master Lease insofar as they relate to the Subleased Premises and insofar as they are not inconsistent with the terms of this Sublease are made a part of and incorporated into this Sublease as if recited herein in full, and the rights and obligations of the Landlord and the Tenant under the Master Lease shall be deemed the rights and obligations of Sublandlord and Subtenant respectively hereunder and shall be binding upon and inure to the benefit of Sublandlord and Subtenant respectively. As between the parties hereto only, in the event of a conflict between the terms of the Master Lease and the terms of this Sublease, the terms of this Sublease shall control. 6. Landlord's Performance Under Master Lease. 6.1. Subtenant recognizes that Sublandlord is not in a position to render any of the services nor is Sublandlord required to perform any of the obligations under this Sublease. To the extent that the Subtenant is current and in good standing of its obligations under this Sublease, the Sublandlord shall pay the Minimum Annual Rent and Tenant's Proportionate Share of Operating Expenses required to be paid by the Sublandlord to the Landlord under the Master Lease ("Sublandlord Payment Obligation"). Notwithstanding the foregoing, the Sublandlord shall remain liable to the Landlord for Sublandlord's obligations as Tenant under the Master Lease. This Sublease is fully NET to Sublandlord and that the Rent payable by Subtenant to Sublandlord is net of any obligation required to be performed under the Lease, except the Sublandlord will pay the Sublandlord Payment Obligations to the Landlord, provided the Subtenant timely pays to Sublandlord the Base Rent and Tenant's Proportionate Share of Operating Expenses. Notwithstanding anything to the contrary contained in this Sublease, t00225159.1 306-9905263} 3 34035487.5 x000d x000a 52074.0002 Page 641 of 736 Subtenant agrees that performance by Sublandlord of its obligations hereunder are conditional upon due performance by the Sublandlord of its corresponding obligations under the Master Lease and Sublandlord shall not be liable to Subtenant for any default of the Landlord under the Master Lease. Subtenant shall not have any claim against Sublandlord by reason of the Landlord's failure or refusal to comply with any of the provisions of the Master Lease unless such failure or refusal is a result of Sublandlord's wrongful failure to pay the Landlord Payment Obligation. If the Landlord's failure or refusal to comply with any the Master Lease, Subtenant shall notify Sublandlord and the Sublandlord will provide written notice within two (2) business days of Sublandlord's receipt of written notice from Subtenant to the Landlord requesting that the Landlord perform its obligations under the Lease. Subtenant further covenants not to take any action or do or perform any act or fail to perform any act which would result in the failure or breach of any of the covenants, agreements, terms, provisions or conditions of the Master Lease on the part of the Sublandlord thereunder. 6.2. Whenever the consent of Landlord shall be required by, or Landlord shall fail to perform its obligations under, the Master Lease, Sublandlord agrees to use its best efforts to obtain, at Subtenant's sole cost and expense, such consent and/or performance on behalf of Subtenant. This `best efforts' standard shall not apply to Paragraph 19 below, and the consent required therein shall be a condition of this Sublease. 6.3. Sublandlord represents and warrants to Subtenant that as of the Commencement Date, Sublandlord shall be current and in good standing under the Master Lease. 6.4. Sublandlord covenants as follows: (i) not to voluntarily terminate the Master Lease, and (ii) not to modify the Master Lease so as to adversely affect Subtenant's rights hereunder. 7. Subtenant's Right to Perform Upon Defaults of Sublandlord. If Sublandlord defaults in the performance of its obligations under this Sublease to pay the Sublandlord Payment Obligation under the Master Lease which is not cured within two (2) business days after written notice from Subtenant to Sublandlord, Subtenant may, at its option, pay same to the Landlord without waiving any rights it may have hereunder, and all payments made (whether such rental payments are regular or accelerated payments) and reasonable costs and expenses incurred or paid by Subtenant in connection therewith shall become due and payable immediately. The amounts so incurred or paid by Subtenant, together with interest thereon at the Default Rate from the date incurred until paid by Sublandlord, shall be deducted and credited to Subtenant's obligations under the terms of the Sublease. Nothing contained herein shall be construed as requiring Subtenant to advance or expend monies for any purposes mentioned in this paragraph, or for any other purpose. 8. Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 8.1. Notwithstanding anything to the contrary set forth in the Master Lease, the term of this Sublease, the Rent payable by Subtenant to Sublandlord under this Sublease, and the amount of the Security Deposit required of Subtenant shall be as set forth in this Sublease. t00225159.1 306-9905263} 4 34035487.5 x000d x000a 52074.0002 Page 642 of 736 8.2. Sublandlord and Subtenant hereby mutually: (i) represent and warrant to each other that they have only dealt with the brokers designated herein: Kirk Nelson of CBRE ("Sublandlord Broker") and Keith O'Donnell of Avison Young, Inc. ("Subtenant Broker"). The Sublandlord shall pay to the Sublandlord Broker and the Subtenant shall pay to the Subtenant Broker any commission due and owing to such brokers pursuant to a separate brokerage agreement between such party and its broker; and (ii) agree to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 8.3. Subtenant is a self-insured, sovereign entity of the State of Florida, and its self-insurance limitations are provided by law. Subtenant is provided with comprehensive general liability insurance through the State Risk Management Trust Fund with limits of coverage up to a maximum of $200,000 per person and $300,000 in the aggregate per occurrence, pursuant to the terms and limitations of Sections 768.28, Florida Statutes and Chapter 284, Part 11, Florida Statutes, or as amended from time to time. Worker's Compensation insurance is maintained in full compliance with Florida law. Subtenant shall provide both Sublandlord and Landlord or their respective designees, prior to, or during, the use or occupancy of the Premises, with a Certificate of Self-Insurance or Certificate of Insurance evidencing TENANT'S self-insured Risk Management Program in accordance with Section 768.28, Florida Statutes, and/or any maintained excess property insurance applicable to this Lease Agreement, Notwithstanding any other provision set forth in this lease agreement, nothing contained herein shale be construed as a waiver of the Subtenant's right to sovereign immunity under section 768.28, or other limitations imposed on the Subtenant's potential liability under state or federal law. Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord or Landlord, as applicable. In the event of a casualty or condemnation, Subtenant shall have the right to make a separate claim for damages to Subtenants personal property to the extent permitted under the Master Lease. 8.4. Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at the Subleased Premises (if to the Subtenant), or to 401 East Las Olas Blvd, Suite#800, Ft Lauderdale, FL 33301 (if to the Sublandlord) 8.5. Subtenant shall remove its personal property including but not limited to any property which is stored upon the Leased Premises and shall restore any damage to the Leased Premises or other portion of the "Park" (as defined in the Master Lease) and shall leave the Leased Premises in broom clean condition on or before the expiration of the Term. 8.6. Sublandlord shall deliver the Subleased Premises to Subtenant in its current"as is" condition. 8.7. The Subtenant shall not make any alteration to the Lease Premises without the prior written consent of both the Sublandlord and the Landlord which consent may be withheld by either such party in its sole and absolute discretion. t00225159.1 306-9905263} 5 34035487.5 x000d x000a 52074.0002 Page 643 of 736 8.8. Sublandlord acknowledges receipt of the Security Deposit in the amount of$16, 250 that Sublandlord is to retain as security for the faithful performance of all the terms and conditions of this Lease. Sublandlord may, but shall not be obligated to apply the security deposit on rents or other charges in arrears, or in damages for failure to perform the terms and conditions of this Sublease. Application of the Security Deposit to the arrears of Rent payments or damages shall be at the sole option of the Sublandlord, and the right to possession of the Premises by the Sublandlord for non-payment of rent for any other reason shall not in any event be affected by the Security Deposit. The Security Deposit is to be returned within thirty (30) days to Subtenant when this Lease is terminated, according to the terms of this Sublease, if not otherwise applied by reason of any breach of the terms and conditions of this Sublease by Subtenant. Subtenant expressly acknowledges that Subtenant shall not have the right to apply the Security Deposit to Rent. In no event is the Security Deposit to be returned until Subtenant has performed its obligations under this Sublease including but not limited to Subtenant having vacated the Premises and delivered possession to the Sublandlord as required by this Sublease. In the event the Sublandlord repossesses the Premises because of the default of the Subtenant or because of the failure by the Subtenant to carry out the terms and conditions of this Sublease, Sublandlord may apply the Security Deposit on all damages suffered to the day of repossession and may retain the balance of the Security Deposit to apply to damages that may accrue or be suffered thereafter by reason of a default or breach of the Subtenant. Sublandlord shall not be obligated to hold the security deposit in a separate fund, but may mix the security deposit with other funds of the Sublandlord, and Sublandlord shall not be obligated to pay interest to Subtenant on the Security Deposit. 8.9. In the event the Subtenant shall default in any of its obligations under this Sublease which default is not cured within five (5) days following written notice from Sublandlord to Subtenant, (as to any monetary breach) or within ten (10) days after written notice Sublandlord to Subtenant (as to any non-monetary breach), then in addition to any other rights and remedies available at law and equity, the Sublandlord shall be entitled to the remedies of the Landlord set forth in the Master Lease, including but not limited to, sue for damages, equitable relief, right to terminate this Sublease, right to terminate Subtenant's right to possession, recovering reasonable attorneys' fees and costs, through all trial and appellate levels, to the extent Sublandlord is the prevailing party in such dispute and all other remedies available at law or in equity. 9. Indemnity. Pursuant to Florida law and notwithstanding anything to the contrary herein, as a state agency of Florida, Subtenant cannot and will not indemnify Sublandlord nor Landlord. Within the limits provided by law, Subtenant assumes all risk of and will remain primarily responsible for personal injury and property damage attributable to the negligent acts or omissions of Subtenant and its officers, agents, and employees while acting within the scope of their office or employment. Notwithstanding anything to the contrary in the Agreement, Subtenant does not agree to enlarge the scope of the waiver of sovereign immunity for state agencies provided in Florida Statute 768.28 and does not consent to be sued other than as provided by Florida law. The Subtenant is responsible for all obligations due to (a) the Landlord for failure of Subtenant to perform any of the covenants, agreements, terms, provisions or conditions contained in the Master Lease which by reason of the provisions of this Sublease Subtenant is obligated to perform, (b) any breach by Subtenant of its obligations under this Sublease or (c) t00225159.1 306-9905263} 6 34035487.5 xOOOd xOOOa 52074.0002 Page 644 of 736 any loss to Sublandlord due from any person by reason of Subtenant's use and/or occupancy of the Subleased Premises. The provisions of this Section 9 shall survive the expiration or earlier termination of the Master Lease and/or this Sublease, except to the extent any of the foregoing is caused or by the wrongful acts of Sublandlord. 10. Parking and Si2na2e. The Subtenant shall be entitled to use on a non-exclusive basis such number of parking spaces as is permitted to be used by Sublandlord under the Master Lease. 11. Si2na2e. The Sublandlord consents to Subtenant placing its name and logo on the Premises, provided (i) Subtenant shall obtain the approval of such signage form the Landlord, (ii) Subtenant shall obtain all necessary governmental approvals in connection with the installation, operation and maintenance of such signage, (iii) such signage shall be installed and maintained in a good and workmanlike manner, free and clear of all liens, claims and encumbrances, and (iv) upon any termination of this Lease, the Subtenant shall remove such signage and restore any damage to the Premises caused thereby. 12. Certificates. Each party hereto shall at any time and from time to time as requested by the other party upon not less than ten (10) days prior written notice, execute, acknowledge and deliver to the other party, a statement in writing certifying to its knowledge such factional matters as may reasonably be requested including, that this Sublease is unmodified and in full force and effect (or if there have been modifications that the same is in full force and effect as modified and stating the modifications, if any) certifying the dates to which Rent and any other charges have been paid the expiration of the Term and stating whether or not, to the knowledge of the person signing the certificate, that the other party is not in default beyond any applicable grace period provided herein in performance of any of its obligations under this Sublease, and if so, specifying each such default of which the signer may have knowledge, it being intended that any such statement delivered pursuant hereto may be relied upon by others with whom the party requesting such certificate may be dealing. 13. Assignment or Subletting. Subtenant shall not be entitled to assign this Sublease or to sublet all or any portion of the Premises without the prior written consent of Sublandlord, which consent may be withheld by Sublandlord in its sole discretion. 14. Radon GAS. Radon is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. Pursuant to §404.056(5), Florida Statutes. 15. OFAC Compliance/Patriot Act. Subtenant represents and warrants that (a) neither Subtenant nor any person or entity that directly or indirectly owns an interest in it nor any of its officers, directors, or managing members is a person or entity (each, a "Prohibited Person")with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control ("OFAC") of the Department of the Treasury (including {00225159.1 306-9905263} 7 34035487.5 x000d x000a 52074.0002 Page 645 of 736 those named on OFAC's Specially Designated and Blocked Persons List) or under any statute, executive order (including Executive Order 13224 (the "Executive Order") signed on September 24, 2001 and entitled `Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism"), or other governmental action, (b) Subtenant's activities do not violate the International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 or the regulations or orders promulgated thereunder (as amended from time to time, the"Money Laundering Act") (i.e., Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "Patriot Act"), and (c)throughout the Term of this Sublease, Subtenant shall comply with the Executive Order, the Money Laundering Act, and the Patriot Act. 16. Severability. If any term or provision of this Sublease or the application thereof to any person or circumstances shall, to any extent, be invalid and unenforceable, the remainder of this Sublease or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term or provision of this Sublease shall be valid and be enforced to the fullest extent permitted by law. 17. Entire Agreement; Waiver. This Sublease contains the entire agreement between the parties hereto and shall be binding upon and inure to the benefit of their respective heirs, representatives, successors and permitted assigns. Any agreement hereinafter made shall be ineffective to change, modify, waive, release, discharge, terminate or effect an abandonment hereof, in whole or in part, unless such agreement is in writing and signed by the parties hereto. 18. Captions and Definitions. Captions to the Sections in this Sublease are included for convenience only and are not intended and shall not be deemed to modify or explain any of the terms of this Sublease. 19. Further Assurances. The parties hereto agree that each of them, upon the request of the other party, shall execute and deliver, in recordable form if necessary, such further documents, instruments or agreements and shall take such further action that may be necessary or appropriate to effectuate the purposes of this Sublease. 20. Governing Law. This Sublease shall be governed by and in all respects construed in accordance with the internal laws of the State of Florida. 21. Consent of Landlord. The validity of this Sublease shall be subject to the Landlord's prior written consent hereto pursuant to the terms of the Master Lease and if Landlord's consent shall not be obtained and a copy thereof delivered to Subtenant on or before the Commencement Date, this Sublease shall be automatically terminated in which event Subtenant shall vacate the Leased Premises and Sublandlord shall return to Subtenant all sums paid hereunder and neither party shall have any further obligations to the other under this Sublease. 22. Excuse of Landlord's Performance. Anything in this Sublease to the contrary notwithstanding, Sublandlord shall not be deemed in default with respect to the performance of t00225159.1 306-9905263} 8 34035487.5 x000d x000a 52074.0002 Page 646 of 736 any of the terms, covenants and conditions of this Sublease if same shall be due, any breach of Landlord's obligation under the Master Lease or due to any strike, lockout, civil commotion, contract dispute with Sublandlord's contractor or sub-contractors, war-like operation, invasion, rebellion, hostilities, military or usurped power, sabotage, government regulations or controls, inability to obtain any material or service, through an act of God or any other cause reasonably beyond the control of Sublandlord. Sublandlord shall not be liable for failure to give Subtenant possession in accordance with the provisions of this Sublease if due to any of the foregoing conditions or as a result of any prior tenant holding over. The time for Landlord's performance shall be extended as a result of any of the foregoing. 23. Sublandlord. The term "Sublandlord," as used in this Sublease, so far as covenants and obligations on the part of Sublandlord are concerned, shall be limited to, mean and include only the owner or owners at the time in question of the tenant's interest under the Master Lease ("Leasehold"), and in the event of any transfer or transfers of the Leasehold, Sublandlord (and in case of any subsequent transfers or conveyances, the assignor) shall be automatically freed and relieved from and after the date of such transfer or conveyance of all liability as respects the performance of any covenants or obligations on the part of Sublandlord contained in this Sublease thereafter to be performed. Subtenant shall look solely to Sublandlord's interest in the Leasehold for the satisfaction of any of Subtenant's rights or remedies or for the collection of a judgment or other judicial process requiring the payment of money by Sublandlord in the event of any default by Sublandlord hereunder. No other property or assets of Sublandlord or its partners, officers, directors, shareholders or principals, disclosed or undisclosed shall be subject to the levy, execution, judgment or other enforcement procedure for the satisfaction of any of Subtenant's rights or remedies under or with respect to this Sublease, the relationship of Sublandlord and Subtenant hereunder or Subtenant's use or occupancy of the Premises. 24. Sublease Not to be Recorded. Subtenant shall not record this Sublease or any memorandum of its terms and doing so shall constitute an immediate default by Subtenant under this Sublease. 25. AS IS. Subtenant expressly acknowledges and agrees that it accepts the Premises "AS IS" and "WHERE IS" and Sublandlord has not made and is not making, and Subtenant, in executing and delivering this Sublease, is not relying upon any warranties, representations, promises or statements, except to the extent that the same are expressly set forth in this Sublease. It is understood and agreed that this Sublease, alone, fully and completely expresses the parties' agreement, and that this Sublease is entered into after full investigation, neither party relying upon any statement or representation not embodied in this Sublease. 26. Counterparts and Facsimile. This Sublease may be executed in one or more counterparts, all of which together shall constitute this Sublease. Facsimile or electronic transmission signatures of Sublandlord, Subtenant and/or Landlord shall constitute original signatures. t00225159.1 306-9905263} 9 34035487.5 xOOOd xOOOa 52074.0002 Page 647 of 736 [Signature page to follow] t00225159.1 306-9905263} 10 34035487.5 xOOOd xOOOa 52074.0002 Page 648 of 736 IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be executed as of the day and year first above written. Sublandlord: Subtenant: Fantasy Chocolates, Inc., a Florida City of Boynton Beach, Florida, a corporation municipality of the State of Florida By: By: Its: Its: Attest: Its: Approved as to Form City Attorney t00225159.1 306-9905263} 1 1 34035487.5 x000d x000a 52074.0002 Page 649 of 736 EXHIBIT A THE MASTER LEASE (00225159.1306-9905263)34035487.5 x000d x000a 52074.0002 Page 650 of 736 LEASE THIS LEASE ("Lease") is made and entered into at Delray Beach, Florida, this day of August, 2014, by and between BOYNTON BOUNDLESS, L.L.C., a Florida limited liability company, hereinafter called "Landlord", with a mailing address of 6111 Broken Sound Pkwy NW, Suite 200, Boca Raton, Florida 33487 and CITY OF BOYNTON BEACH, hereinafter called "Tenant", with a mailing address of 209 N. Seacrest Boulevard, Boynton Beach, Florida 33435. 1. DEFINED TERMS. Wherever used in this Lease, the following terms shall be construed to mean as follows: (a) "Premises" shall mean the first floor of the building, along with the non-exclusive right to the use of Common Areas which are owned by the Landlord as herein shown on the survey, which is attached as Exhibit "A". (b) "Common Areas" shall mean all common facilities in and around the building (whether or not shown on Exhibit "A" or made available hereafter), including without limitation the parking area, aisles, sidewalks, loading areas, passageways, stairs, ramps, landscaping and other common service areas subject to the conditions hereinafter set forth. (c) "Lease Year" as used herein shall mean each consecutive twelve-month period beginning with the first (1st) day of June, 2018, (the "Commencement Date") and ending May 31, 2020. (d) "Rent" shall mean and include rent, Base Rent, Additional Charges, costs and expenses, sums or amounts due to the Landlord. 2. DESCRIPTION OF PREMISES. In consideration of the payment of all Rent and the performance of the covenants as hereinafter set forth, the Landlord demises unto Tenant, and Tenant leases from Landlord, subject to all conditions and easements of record, and to a non-exclusive reserved license as further described herein, for the Term and upon the terms and conditions set forth in this Lease, the Premises described as 209 N. Seacrest Boulevard, Boynton Beach, Florida and further described in Exhibit "A". 3. LEASE TERM. (a) The term of this Lease shall be for a period of two (2) years (the "Term"). The Term shall commence on June 1, 2018, and shall expire at midnight on May 31, 2020. If for any reason Tenant discontinues the use of the Premises, Tenant shall still remain liable for the performance of this Lease and the payment of the Rent under this Lease, subject to the terms of this Lease. (b) This Lease shall terminate at the end of the Term without the necessity of any notice (00225161.1306-9905263) 1 Approved:LandlordAccepted:Tenant C:\Users\Stanzionel\AppData\Local\Microsoft\Windows\Temporary:ntemet Fi1es\Content.1E5\52FYTE0E\209_N_Seacrest_(Library_Annex_Space).doc Page 651 of 736 from either Landlord or Tenant to terminate the same, and Tenant hereby waives notice to vacate or quit the Premises and agrees that Landlord shall be entitled to the benefit of all provisions under this Lease respecting the summary recovery of possession of the Premises from a tenant holding over to the same extent as if statutory notice had been given. (c) In addition to any other Landlord access rights to the Premises as provided for in this Lease, for the period of three (3) months prior to the expiration of the Term, Landlord shall have the right to show the Premises and all parts thereof to prospective tenants during normal business hours. Tenant shall deliver and surrender to Landlord possession of the Premises and Personal Property upon the expiration of this Lease or its termination in any way, in as good condition and repair as the same shall be in as of the first day of the term of this Lease. (d) Anything herein to the contrary notwithstanding, the Tenant may terminate this Lease at any time by giving ninety (90) days written notice, in which case the Lease shall end on the ninety-first (91St) day from the receipt of such notice. Tenant shall be liable only for such rent through the ninety-first (91St) day and no other rent. The option to end the Lease pursuant to this paragraph 3(d) is the sole and exclusive option of the Tenant. 4. RENT. (a) The "Rent Commencement Date" shall be June 1, 2018. Tenant agrees to pay, as Rent for the use of the Leased Premises during the Term of this Lease, a total of $94,200.00, plus applicable sales tax, which shall be payable in equal monthly installments of$7,850.00 plus sales tax at 6.5% ($510.00) so that monthly Rent payment shall be $8,360.00 for the Term of the Lease Year. (b) All payments due under this Lease shall be paid monthly in advance on or before the first day of each month (the "Due Date") without reduction, abatement or set-off (except as specifically provided in this Lease), and shall be mailed or delivered to Landlord's office at the address above, or at any other address for the payment of Rent that Landlord may give notice of to Tenant. (c) Any payment due and not paid within five (5) business days of the Due Date shall bear interest retroactive from the Due Date at a rate of seventeen percent (17%) per annum until paid. In addition, the Tenant shall pay Landlord a late payment in an amount equal to ten percent (10%) of the delinquent payment if the Tenant should pay by check but such check is dishonored or otherwise returned uncollected. Landlord and Tenant agree that such interest and late charge are fair and equitable under the circumstances and do not represent a forfeiture or penalty. 5. SERVICES. Tenant shall pay before delinquency, at its sole cost and expense, all charges for water, gas, heat, electricity, power, telephone service, sewer service charges, and any and all other utilities charged or attributable to the Premises, and all other services or utilities used in, on, or about the Premises by Tenant or any of its subtenants, licensees, or concessionaires and throughout the Term of this Lease. (00225161.1 306-9905263) Z Approved:Landlord______,_____..... Accepted:Tenant C:\Users\StanzioneT\AppData\LocaIMcrosoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\209_N_Seacrest_(Library_Annex_Space).doc Page 652 of 736 6. SIGNAGE. Tenant shall only display or erect such signs that have been approved by the Landlord. Tenant shall obtain all permits and licenses for such signs and such signs shall at all times and in all respects comply with applicable codes, ordinances, laws and statutes concerning same. Tenant shall not exhibit or affix any other type of sign, decal, advertisement, notice or other writing, or projection to walls or doors of the Premises or the building except for these which have been approved by the Landlord in Landlord's sole discretion. All such signs shall be installed and maintained in good condition and repair at all times, at Tenant's sole cost and expense. 7. SUBLEASE AND ASSIGNMENT. The Tenant, Tenant's legal representatives or successors in interest to any part or the whole of the Premises, shall not mortgage, pledge, encumber, franchise, assign or in any manner transfer this Lease, voluntarily or involuntarily, by operation of law or otherwise, nor shall the Tenant permit the Premises or any part thereof to be sublet, used or occupied for the conduct of any business by any third person or business entity, or for any purpose other than is herein authorized, without the prior written consent of the Landlord. 8. ALTERATIONS BY TENANT AND LANDLORD. (a) All additions, alterations, improvements and fixtures (except Tenant's movable trade fixtures and signage) in or on the Premises, whether placed there by Tenant or by Landlord, shall become Landlord's property and shall remain on the Premises at the termination of this Lease by lapse of time, or otherwise, without compensation or allowance or credit to Tenant. Tenant shall not make additions, changes, alterations or improvements to the Premises costing more than $2,500.00 in the aggregate in any one Lease Year, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Even if Landlord's consent is not required, Tenant shall give Landlord prior written notice specifying any work to be done. If Landlord grants its consent, Landlord may impose reasonable requirements as a condition of consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, obtaining insurance, prior approval of contractor (not to be unreasonably withheld) and reasonable requirements as to the manner and times in which the work shall be done. All work shall be performed in a good and workmanlike manner and shall be in accordance with plans and specifications (approved by Landlord if approval is required by the above provisions) and shall be made in accordance with all applicable laws, ordinances, and codes. If any of such work may affect the Structure of the Building or interfere with building systems or operation, Landlord may require that such work be performed under Landlord's supervision (but at no additional cost to Tenant for such supervision). The repairs shall be done in a good and workman like manner consistent with all applicable laws, rules and regulations. Tenant shall make such alterations to the Premises to keep same in compliance with all applicable laws, rules and regulations, including, without limitation, the Americans with Disabilities Act. In the event that any governmental authority directs any modification or alteration to the Premises as the result of Tenant's occupancy, Tenant shall pay for the cost of the modification or alteration. (00225161.1306-99052631 3 Approved:Landlord Accepted:Tenant C:\Users\SlanzioneT\AppData\Local\Microsoft\Windows\Temporary;ntercet`riles\Content.LE5\52FYTEOE\209_N_Seacres._(Liorary_Annex_Space).doc Page 653 of 736 (b) Pursuant to Paragraph 9 hereinbelow, Tenant shall keep the Premises and all parts of the Premises at all times free of mechanics' liens and any other lien for labor, services, supplies, equipment or material purchased or procured, directly or indirectly, by or for Tenant and all persons contracting with the Tenant for the construction or removal of any facilities or other improvements on or about the Premises, and all material men, contractors, mechanics and laborers are charged with notice that they must look only to the Tenant and to the Tenant's interests in the Premises to secure the payment of any bill for work done or material furnished at the request or instruction of Tenant. 9. CONSTRUCTION LIEN. Tenant shall keep the Premises and all parts of the Premises at all times free of mechanics' liens and any other lien for labor, services, supplies, equipment or material purchased or procured, directly or indirectly, by or for Tenant. Tenant further agrees that Tenant will promptly pay and satisfy all liens of contractors, subcontractors, mechanics, laborers, material men and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorney's fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises, from any liens, judgments, or encumbrances caused or suffered by Tenant. In the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within five (5) days after the same has been made or filed. It is understood and agreed between the parties that the expenses, costs and charges above referred to shall be considered as Rent due and shall be included in any lien or other claim for Rent. The Tenant shall not have any authority to create any liens for labor or material on the Landlord's interest in the Premises. All persons contracting with the Tenant for the construction or removal of any facilities or other improvements on or about the Premises, and all material men, contractors, mechanics and laborers are now charged with notice that they must look only to the Tenant and to the Tenant's interests in the Premises to secure the payment of any bill for work done or material furnished at the request or instruction of Tenant. In accordance with Florida Statutes, Section 713.10, Landlord shall have the right to post on the Premises and to file and/or record in the Public Records or court registry, as applicable, notices of non- responsibility and such other notices as Landlord may reasonably deem proper for the protection of Landlord's interest in the Premises. Tenant shall, before the commencement of any work which might result in any lien on the Premises, give Landlord reasonable written notice under the circumstances of its intention to commence work. 10. HAZARDOUS SUBSTANCES. (a) Tenant shall not bring on or permit to be brought on the Premises any hazardous substances, except normal office supplies. Tenant shall not use the Premises for the manufacture, storage, disposal or handling of any hazardous substances, and Tenant shall indemnify and hold harmless Landlord from and against any and all loss, claim, damages, liability, cost or expense, including reasonable attorney's fees actually incurred at customary hourly rates, court costs and remediation costs and expenses incurred by Landlord arising from or relating to: (i) Tenant's violation of the terms of this paragraph; and (ii) any other environmental contamination of the Premises, including, without limitation, the costs of remediation. The indemnification described here shall survive the expiration or other termination of Tenant's leasehold interest in the 100225161.1 306-99052631 4 Approved:Landlord Accepted:Tenant C:\Users\Stan ioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTE0E\289_N_Seacrest_(Library_Annex_Space).doc Page 654 of 736 Premises. Tenant further agrees at all times during the term of this Lease, and on the termination of the terms of this Lease, Tenant shall comply with all applicable environmental protection laws, rules or requirements, and shall promptly cure all violations thereof arising from its non- compliance, including but not limited to the preparation, delivery and/or filing with the applicable governmental authorities and with the Landlord, of all forms, certificates, notices, documents, plans and other writings, and the furnishing of such other information as may be required or requested by the Landlord, its mortgagee or any applicable governmental authority in connection with the sale, lease, transfer, mortgaging or other disposition of the building and/or lands. It is specifically acknowledged and agreed that the provisions of this paragraph shall survive the termination of this Lease, regardless of the reason or cause of termination. (b) Hazardous substances means any chemical, substance, material, controlled substance, object, condition, waste, mold, living organisms or combination thereof which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, infectiousness or other harmful properties or effects, including, without limitation, petroleum products, lead, asbestos, radon, polychlorinated biphenyls (PCBs) and all of those chemicals, substances, materials, controlled substances, objects or which are now or become in the future listed, defined or regulated by any federal, state or local law. 11. INStiRANCE. (a) At all times during the Term of this Lease and any renewals of this Lease Tenant shall obtain and keep in full force and effect: (i) commercial general liability insurance, such insurance to insure against liability for bodily injury and death and for property damage in an amount which is commercially reasonable and with Landlord's prior consent to the carrier and amount and combined single limit on a per occurrence basis; further Tenant shall also maintain at all times during this lease an umbrella insurance policy in a commercially reasonable amount and with Landlord's prior consent to the carrier and amount; (ii) workmen's compensation as required by law providing statutory benefits for all persons employed by Tenant in connection with the Premises; (iii) builder's risk insurance during all periods in which Tenant is constructing alterations or additions to or within the Premises, in commercially reasonable amounts and with Landlord's prior consent to the carrier and amounts; and (iv) casualty insurance coverage on the improvements located on the Premises for the full replacement cost thereof. (b) All insurance that Tenant shall be required to effect pursuant to this provision shall be underwritten by insurance companies that are licensed or authorized to do business in and shall be in good standing with the State of Florida and rated A or better by AM Best and Company or its equivalent. All insurance contracts that Tenant is required to maintain under this Lease shall be issued for terms of not less than one year and shall contain a provision that they shall not be (00225161.1306-9905263) s Approved:Landlord Accepted:Tenant Ct\Users\StanzioneT\AppData\Local\M.icrosoft\Windows\Temporary Internet Files\Conlent.LE5\52FYTEOE\209_N_Seacrest_(Library_Annex_Space).doc Page 655 of 736 I subject to cancellation, non-renewal or material reduction in coverage as to the Premises unless Landlord shall be served with a written notice not later than days prior to cancellation, non- renewal or material reduction in coverage; for purposes of the foregoing, "material reduction in coverage" shall mean change from "all-risk" casualty insurance coverage, or a material increase in deductible. (c) Landlord and Tenant agree that Landlord shall be insuring Landlord's interests as Landlord deems appropriate; provided; however, Landlord shall cooperate with Tenant to assure that insurance coverage is not duplicated. (d) Tenant is a self-insured, sovereign entity of the State of Florida, and its self-insurance limitations are provided by law. Tenant is provided with comprehensive general liability insurance through the State Risk Management Trust Fund with limits of coverage up to a maximum of$200,000 per person and $300,000 in the aggregate per occurrence, pursuant to the terms and limitations of Sections 768.28, Florida Statutes and Chapter 284, Part II, Florida Statutes, or as amended from time to time. Worker's Compensation insurance is maintained in full compliance with Florida law. Tenant shall. provide Landlord or their respective designees, prior to, or during, the use or occupancy of the Premises, with a Certificate of Self-Insurance or Certificate of Insurance evidencing TENANT'S self-insured Risk Management Program in accordance with Section 768.28, Florida Statutes, and/or any maintained excess property insurance applicable to this Lease Agreement. Notwithstanding any other provision set forth in this lease agreement, nothing contained herein shale be construed as a waiver of the Tenant's right to sovereign immunity under section 768.28, or other limitations imposed on the Tenant's potential liability under state or federal law. Notwithstanding anything contained in the Master Lease to the contrary, as between Landlord and Tenant only, all insurance proceeds or condemnation awards received by Landlord under the Master Lease shall be deemed to be the property of Landlord. In the event of a casualty or condemnation, Tenant shall have the right to make a separate claim for damages to Tenants personal property to the extent permitted under the Master Lease. 12. INDEMNIFICATION/HOLD HARMLESS. Landlord, its partners, representatives, agents, and their respective officers and employees, shall not be liable to Tenant, or to Tenant's officers, directors, shareholders, agents, servants, employees, customers or invitees, for any damage to person or property in or about the Premises caused by any act, omission or neglect of Tenant and its agents and their respective officers, directors, shareholders, and employees, and Tenant agrees to indemnify and hold harmless Landlord from all claims for any such damage. Tenant and its agents and their respective officers, directors and shareholders and employees shall not be liable to Landlord or to Landlord's partners, representatives, agents, servants, customers, or invitees and their respective officers and employees for any damage to person or property caused by any act, omission or neglect of Landlord, its partners, representatives and agents and their respective officers and employees and Landlord agrees to indemnify and hold harmless Tenant from all claims for any such damage. The Tenant further covenants and agrees with the Landlord that during the term of this Lease and for such other times as the Tenant shall hold or have access to the Premises, that: Landlord and its affiliates shall not be liable to the Tenant or to any other person for any claim, {00225161.1 306-99052631 6 Approved:Landlord Accepted:Tenant C:\Uscrs\StanzioneT\AppData\Local\Ivlicrosoft\Windows\Temporary Internet Fi1es\Content.IE5\52FYTEOE1209_N_Seacrest_(Library_Annex_Space).doc Page 656 of 736 injury, loss or damage to any person or property on or about the Premises; and Tenant will save the Landlord harmless and indemnified from and against such claim, injury, loss or damage (including defense costs). Indemnity. Pursuant to Florida law and notwithstanding anything to the contrary herein, as a state agency of Florida, Tenant cannot and will not indemnify Landlord. Within the limits provided by law, Lessee assumes all risk of and will remain primarily responsible for personal injury and property damage attributable to the negligent acts or omissions of Sub and its officers, agents, and employees while acting within the scope of their office or employment. Notwithstanding anything to the contrary in the Agreement, Lessee does not agree to enlarge the scope of the waiver of sovereign immunity for state agencies provided in Florida Statute 768.28 and does not consent to be sued other than as provided by Florida law. The provisions of this Section 8 shall survive the expiration or earlier termination of the Master Lease and/or this Lease, except to the extent any of the foregoing is caused or by the wrongful acts of Landlord. 13. DAMAGE OR DESTRUCTION. (a) If the Premises shall be damaged by fire or other casualty but the Premises are not thereby rendered untenantable in whole or in part, Tenant shall cause the Premises to be repaired and the Rent shall not be abated. (b) If the Premises shall be damaged by fire or other casualty not attributable to the act, omission or neglect of Tenant and the Premises are rendered partially untenantable, Tenant shall cause the Premises to be repaired. In the event of partial untenantability, Base Rent and only Base Rent shall be abated proportionately. In the event that the structural damage shall exceed Fifty Thousand ($50,000.00) Dollars, then the parties agree that the Premises are rendered wholly untenantable and the Landlord or Tenant shall have the option to tenninate the Lease as set forth below. (c) Tenant shall not be entitled to any compensation or damages from Landlord for the loss of the use of the whole or any part of the Premises or damage to Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration. (d) If the Premises are rendered wholly untenantable, or if the building is damaged to the extent of more than Fifty Thousand ($50,000.00) Dollars, then in any of such events, Tenant or Landlord may elect to terminate this Lease by giving notice of such election to the other party within thirty (30) days after the occurrence of such event. If such notice is given, the rights and obligations of the parties shall cease as of the date of such notice, and Rent (other than Rent due Landlord by reason of Tenant's failure to perform any of its obligation hereunder) shall be adjusted as of the date of such termination. Tenant's option to terminate this Lease as provided in this Paragraph 13 shall be available to Tenant only if the damage by fire or other casualty is not attributable to the act, omission or neglect of Tenant. 14. CONDEMNATION. 100225161.1306-9905263) 7 Approved:Landlord Accepted:Tenant C:\Users\StanzioneT\AppData\Local\Microsofl\Windows\Temporarylntemet Files\Content.IES\52FYTEOE\209_N_Seacrest_(Library_Annex_Space).doc Page 657 of 736 (a) Total Taking. If all the Premises are taken by the power of eminent domain exercised by any governmental or quasi-governmental authority, this Lease shall terminate as of the earlier of: (i) the date Tenant is required to vacate the Premises; or (ii) the date title passes to the condemning authority, and on either such date of termination, all Minimum Rent, Additional Rent, and other costs due under this Lease shall be paid to that date. The term "eminent domain" includes the taking or damaging of property by, through, or under any governmental or quasi-governmental authority, and any purchase or acquisition in lieu of such a taking, whether or not the damaging or taking is by the government or any other person. (b) Partial Taking. Tenant may terminate this Lease on three (3) months' prior written notice to Landlord for any of the following events of partial taking: (i) if more than twenty-five percent (25%) of the rentable square feet of floor area of the building on the Premises shall be taken or appropriated; or (ii) the access to the Premises is materially adversely affected. (c) Landlord reserves all rights to the entire damage award or payment for any taking by eminent domain. Tenant shall, however, have the right to claim from the condemning authority all compensation that may be recoverable by Tenant on account of any loss incurred by Tenant, including, but not limited to, loss due to removing Tenant's merchandise, furniture, trade fixtures, and equipment or for damage to Tenant's business, loss of business, and/or loss of leasehold interest; provided, however, that Tenant may claim such damages only if they are awarded separately in the eminent domain proceeding and not as part of Landlord's damages. 15. ESTOPPEL CERTIFICATE. Landlord and Tenant agree that they will from time to time, on request from each other, within ten (10) business days after notice from the other, execute and deliver to persons as the requesting party shall request, a statement certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the Lease is in full force and effect as so modified), stating the dates that Rent and other charges payable under this Lease have been paid, stating the commencement and termination dates of the current term of the Lease and stating whatever options to extend there may be in the Lease, stating that Landlord or Tenant, as applicable, is not in default under this Lease to the best of that party's knowledge after due inquiry (or if Landlord or Tenant, as applicable, have alleged a default, stating the nature of the alleged default), and further stating other matters relating to the Lease that the requesting party shall reasonably require. 16. TENANT DEFAULT. (a) It shall be a default ("Event of Default") under this Lease if: {00225161.1 306-9905263} 8 Approved:Landlord Accepted:Tenant C:VJsers\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Intemet FilesTontent.rE5\52FYTECE\209_N_Seacrest_(Library_Annex_Space).doe Page 658 of 736 (i) Tenant shall fail to pay any Rent or any other sums of money within five (5) days after receipt of written notice that the same is due; (ii) Tenant shall fail to comply with any non-monitory provision of this Lease and after receipt of written notice, fail to correct any default within twenty (20) days after written notice or if the compliance cannot reasonably be corrected within the twenty (20) day period, then Tenant shall not be deemed in default if Tenant commences a cure within twenty (20) days of the written notice and diligently pursues same to completion within thirty (30) days; (iii) the Premises shall be taken on execution or other process of law in any action against Tenant; (iv) Tenant shall become insolvent or unable to pay its debts as they become due, or Tenant notifies Landlord in writing that it anticipates either condition; (v) Tenant takes any action, or notifies Landlord in writing that Tenant intends, to file a petition under any section or chapter of the Bankruptcy Code as amended, or under any similar law or statute of the United States or any State; or a petition shall be filed against Tenant under any such statute which is not dismissed within days after the filing of it; or (vi) a receiver or trustee shall be appointed for Tenant's leasehold interest in the Premises or for all or a substantial part of the assets of Tenant and not discharged within days after the appointment of a receiver or trustee. (b) On the occurrence of any Event of Default and after the applicable notice and cure period, and subject to terms and conditions provided here, Landlord may: (i) without terminating this Lease and without entering into possession of the Premises, continue this Lease in effect and enforce all rights of Landlord and obligations of Tenant under this Lease, including the filing of suit for the collection of monthly Rent, operating charges, and all other sums due as they accrue (including attorneys' fees and other damages). Acts of maintenance or preservation, efforts to relet the Premises, or the appointment of a receiver on Landlord's initiative to protect its interest under this Lease shall not constitute a termination of this Lease or Tenant's right to possession under this Lease; (ii) re-enter and repossess the Premises, subject to notice, and any and all improvements on and additions to the Premises and remove all persons and property from the Premises by a suitable action or proceeding at law or in equity without being liable for any damages. No re-entry by Landlord shall be deemed a termination or an acceptance of a surrender of this Lease; (iii) terminate this Lease and sue Tenant for damages under this Lease which damages shall be an amount equal to: (A) the sum of all amounts due under this Lease to the date of termination; plus (00225161.1 306-9905263) 9 Approved:Landlord Accepted:Tenant C:\Jsers\StanzioneT\AppData\Locai\Microsoil\Windows\Temporary Internet Files\Content.1E5\52FYTE0E\209_N_Seacres:_(Library_An.nex_Space).doe Page 659 of 736 (B) the aggregate Rent remaining over the unexpired portion of the Term plus the reasonable cost to Landlord for any repairs and other costs of reletting, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a maturity closest to the then current expiration of the Term; less (C) the aggregate fair net rental value of the Premises over the remaining portion of the Term provided, however, a reasonable period of time, not to exceed six (6) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period reduced to present value; plus (D) Landlord's costs and expenses incurred in the enforcement of these provisions, including reasonable attorney's fees; (iv) relet any or all of the Premises for Tenant's account for any or all of the remainder of the Term or for a period exceeding the remainder of the Term, in which event Tenant shall pay to Landlord, at the times and in the manner specified by the provisions of this Lease the Rent accruing during the remainder, less any Rent received by Landlord, with respect to the remainder, from the reletting, as well as the cost to Landlord of any reasonable attorney's fees actually incurred, or for any repairs or cost of reletting or other action (including those taken in exercising Landlord's rights under any provision of this Lease) taken by Landlord on account of the Event of Default, but in no event shall Landlord be liable in any respect for failure to relet the Premises after good faith efforts to do so or in the event of reletting, for failure to collect the Rent under this Lease. Any sums received by Landlord on a reletting in excess of the Rent reserved for this Lease shall belong to Landlord; (v) cure the Event of Default in any other manner (after giving Tenant written notice of Landlord's intention to do so except in the case of emergency), in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing so plus ten percent (10%) of the expenses to cover Landlord's administrative costs and expenses, plus interest on all of the foregoing at the rate of seventeen percent (17%) per annum, which expenses and interest shall be additional Rent and shall be payable by Tenant immediately on demand by Landlord; and/or (vi) pursue any combination of these remedies and/or any other remedy available to Landlord on account of the Event of Default at law or in equity. (c) If legal proceedings are instituted, and a compromise or settlement shall be made, it shall not be constituted as a waiver of any subsequent breach of any covenant, condition or agreement contained in this Lease. All such remedies of Landlord shall be cumulative, and in addition, Landlord may pursue any other remedies that may be permitted by law or in equity. Forbearance by Landlord to enforce one or more of these remedies on an event of default shall not be deemed or construed to constitute a waiver of the default. 17. USE. (a) The Tenant shall use the Premises for office use only and for no other purpose whatsoever. Tenant shall comply with all present and future laws or ordinances applicable to the (00225161.1306-99052631 10 Approved:Landlord Accepted:'renant C:\Users\Stanzione T\AppData\Local\Microsoft\Mindows\Temporary Interne:riles\Content.IE5\52FYTEOE\209_N_Seacrest_(Lihrary_Annex_Space).doc Page 660 of 736 Premises and shall not commit or suffer waste on the Premises, or use or permit anything on the Premises which may be illegal, or constitute a private or public nuisance, or conflict with or invalidate or increase the cost of any of Landlord's hazard, fire, liability and extended coverage insurance, or which may be dangerous to persons or the property. Tenant, its agents, employees, patients, customers or invitees shall not: (i) smoke tobacco or other similar product within the building on the Premises; and (ii) loiter or lounge within the Common Area or outside the building on the Premises. (b) Tenant acknowledges and agrees that Tenant is solely responsible for obtaining all permits for use of the Premises and any governmental approvals at Tenant's sole cost and expense. Landlord makes no representation or warranty as to the permissibility of Tenant's intended use or as to which permits or governmental approvals Tenant will need to obtain to operate in the Premises as Tenant intends. Tenant understands, acknowledges and agrees that it is assuming the risk in entering into this Lease as to the obtaining of permits and governmental approvals for its intended use of the Premises. 18. RENEWAL OPTION. (a) Provided Tenant has not been in default under this Lease beyond applicable cure periods, Tenant shall have two (2) independent options to renew (the "Option Terms"). The Fixed Rent during each one of the Option Terms shall be One Hundred and Two Thousand Dollars ($102,000.00) per year, payable in equal monthly installments of Eight Thousand Five Hundred Dollars ($8500.00) per month plus applicable sales tax. Assuming sales tax remains at 6.5%, there would be added Five Hundred Fifty-Two Dollars ($552.00) for a total of nine Thousand and Fifty-Two Dollars ($9052.00). (b) The Tenant, in exercising the option to renew granted hereunder, shall give Landlord written notice no later than three (3) months prior to the upcoming expiration of the Lease. All other terms and conditions of the Lease shall remain for the Option Term except that the Security Deposit shall be increased and paid before the expiration of the Initial Term of the Lease so that it shall equal one full months' Rent as established pursuant to the Option Terms. 19. HOLDING OVER. In the event of holding over by Tenant without Landlord's written consent Tenant shall pay Rent equal to one hundred fifty percent (150%) of the applicable Rent plus other sums due from time to time under this Lease. Possession by Tenant after the expiration of this Lease shall not be construed to extend its Term. 20. NO OFFER. The submission of this Lease by either party to the other for review shall not be considered an offer to enter into this Lease and the submission shall not bind either party in any way until (00225161.1306-9905263) 11 Approved:Landlord Accepted:Tenant C:\Use;s\StanzioneT\AppData\Local\Nlicrosoft\W indows\Temporary Internet FilesTontent.M5\52FYTE0E\209_N_Seacrest_(Library_Annex_Space).doc Page 661 of 736 both Landlord and Tenant have each executed and delivered to each other duplicate originals of this Lease. 21. NO CONSTRUCTION AGAINST DRAFTING PARTY. Landlord and Tenant acknowledge that each of them and their respective counsel have had an opportunity to review this Lease and that this Lease shall not be construed for or against either party merely because that party prepared or drafted this Lease or any particular provision of it. 22. SEVERABILITY. If any provision of this Lease or the application of this Lease to any person or circumstance shall to any extent be or become illegal, invalid or unenforceable, the remaining provisions of this Lease, or the application of that provision to other persons or circumstances, shall not be affected by the illegality, invalidity or unenforceability, and each remaining provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 23. TIME OF THE ESSENCE. Time is of the essence with respect to all required acts of Tenant and Landlord and each provision of this Lease. 24. BROKERAGE COMMISSIONS. Landlord and Tenant warrant and represent that they have not dealt with any real estate broker or salesman in connection with this Lease except Mr. Keith O'Donnell c/o Avison Young (the "Broker"). Landlord agrees to compensate the Broker. Tenant represents, Tenant has dealt with no other person or entity which would create any liability for the payment of a commission by the other party. The party who breaches this warranty shall defend, hold harmless, and indemnify the non-breaching party from any claims or liability arising from the breach. 25. AUTHORITY TO EXECUTE LEASE. Tenant represents and warrants that this Lease has been duly authorized, executed and delivered by and on behalf of Tenant and constitutes the valid, binding, and enforceable agreement of Tenant in accordance with the terms of this Lease. Landlord represents and warrants that Landlord is the owner of fee simple title to the property on which the Premises is located, this Lease has been duly authorized, executed and delivered by and on behalf of Tenant, and constitutes the valid, binding and enforceable agreement of Landlord in accordance with the terms of this Lease. 26. NOTICES. (a) All notices, demands, consents and approvals which may be or are required to be given by either party to the other hereunder shall be in writing and shall be deemed to have been fully given and received upon actual delivery (or refusal to accept delivery) to the address of all parties designated to receive notice as set forth below or to such other place as the party to be (00225161.1 306-9905263) 12 Approved:Landlord^a Accepted:Tenant C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Ictemet Fi1es\Content.1E5\52FYTE0E\209_N_Seacrest_(Library_Annex_Spaee).doc Page 662 of 736 notified may from time to time designate by at least ten (10) business days notice to the other parties. Notices, demands, consents and approvals shall be deemed properly given only by: (a) personal delivery; or (b) sent by Federal Express or other nationally-recognized overnight delivery service; or (c) deposit in the United States mail certified, return receipt requested with postage prepaid. Until changed in the manner set forth above, the addresses for notice are as follows: If to Landlord: Boynton Boundless, L.L.C. Attn.: Michael S. Weiner 6111 Broken Sound Pkwy NW, Suite 200 Boca Raton, FL 33487 Telephone: (561) 237-6819 mweiner(c,ssclawfirm.com If to Tenant: City of Boynton Beach Attn.: Telephone: (561) Email: (b) In addition to the means set forth in this Paragraph 26(a) above, any notice, demand, consent or approval which may be or are required to be given by either party to the other hereunder, may be alternatively delivered and shall be deemed to have been fully given and received by the receipt of electronic communications commonly known as "email," provided confirmation of receipt of such email is obtained by the notifying party. If email transmissions are to be sent, then they are to be sent to Landlord at mweiner@ssclawfirm.com and to Tenant at 27. CARE, CONDITION, MAINTENANCE & REPAIRS OF PREMISES, ACCESS. (a) Tenant acknowledges that Tenant has examined the condition of the Premises and agrees to take possession of and accept same in it's "AS IS, WHERE IS" condition. Tenant agrees that no representations with respect to the condition of the Premises or with respect to the condition of any plumbing, electrical, heating, ventilating, air-conditioning, cooling or refrigeration equipment or any other mechanical equipment or apparatus located in the Premises have been made by Landlord or its agents, and that Landlord shall not be bound by any promises or agreements to decorate, alter, repair, modify, maintain or improve the Premises, unless such promises or agreements are expressly set forth in this Lease. (b) Tenant shall, at Tenant own cost and expense, keep and maintain the interior of the Premises and all of the improvements located therein, including, without limitation, floors, ceilings and walls (excluding, however, the Structure of the Building as defined in Section 27(d) below) doors and windows, all plumbing fixtures, lighting, electrical, heating, plumbing, air-conditioning, cooling, ventilating and refrigeration equipment and all other landscaping equipment, apparatus and appurtenances within the Premises, in good condition, order, maintenance and repair, repairing or replacing any of same with materials 100225161.1 306-99052631 13 Approved:Landlord Accepted:Tenant C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.EE5\52FYTEOE\209_N_Seacrest_(Library_Annex_Space).doc Page 663 of 736 of the same or better quality as originally used and causing said repairs to be done in a good and workmanlike manner, and will keep the Premises in a clean, healthful and safe condition and in accordance and in compliance with all applicable laws, ordinances and other governmental regulations, orders and directions during the term of this Lease. This obligation to keep and maintain the Premises includes, but is not limited to landscaping, pest control, and general cleaning of the Common Area. Upon the termination of this Lease, in any way, Tenant will yield up the Premises to Landlord in good condition and repair as the Premises and Personal Property was in on the first day of the Term of the Lease; and Tenant will deliver the keys therefor at the place of payment of Rent. Should Tenant fail or neglect to make such repairs, restoration or replacement promptly with or without notice from Landlord to do so, Landlord shall have the right to make all such necessary repairs, restorations or replacements at Tenant's expense and the costs incurred by Landlord in connection therewith shall become Additional Charges. (c) Additionally, any damage to, or destruction of, or repairs or replacements to or with respect to the Premises, caused, arising out of or necessitated directly or indirectly by or attributable to any act or omission of Tenant or any agent, servant employee, or invitee of Tenant shall be promptly repaired, restored or replaced by Tenant at Tenant's sole cost and expense. Should Tenant fail or neglect to make such repairs, restoration or replacement promptly with or without notice from Landlord to do so, Landlord shall have the right to make all such necessary repairs, restorations or replacements at Tenant's expense and the costs of such shall become Additional Charges. (d) Landlord, at its sole cost and expense, shall keep and maintain the roof and the exterior structure of the building on the Premises (the foregoing collectively, the "Structure of the Building"). The Structure of the Building is Landlord's sole responsibility; all other maintenance, repair or upkeep is Tenant's responsibility. (e) Tenant shall take, and shall have full responsibility for taking, all precautions in connection with preparation of the Premises prior to any severe storm or hurricane touching down within one hundred (100) miles of Boynton Beach, Florida, including without limitation: (i) establish hurricane and storm protective procedures for the Premises and its contents; (ii) bring outdoor objects indoors; (iii) remove antennae and loose objects from the roof, and (iv) apply, if appropriate, hurricane shutters to the Premises and close all curtains and blinds. 28. EARLY OCCUPANCY. Tenant shall have the right to enter the Premises from and after the mutual execution of this Lease to install furniture, fixtures and equipment and otherwise prepare the Premises for occupancy (collectively the "Early Entry Activities"). If Tenant enters into possession of the Premises prior to the Rent Commencement Date or permits its contractors to enter the Premises prior to the Rent Commencement Date, it shall be for Early Entry Activities only. Such occupancy shall not affect the Rent Commencement Date or result in the imposition of any additional rental obligations of Tenant. Tenant acknowledges, understands and agrees that Landlord shall be doing no work in connection with readying the Premises for Tenant's (00225161.1306-9905263) is Approved:Landlord Accepted:Tenant C:\Users\Stanzioner\AppData\Local\Microsoft\Windows\Temporary Intemet Fi1es\Content.1E5\52FYTEDE\209_N_Seacrest_(Library_Annex_Space).doc Page 664 of 736 I I occupancy and that Tenant has taken the Premises in "AS IS/WHERE IS" condition as set forth in Paragraph 27. 29. MULTI-TENANT BUILDING. Tenant acknowledges, understands and agrees that the second floor of the building in which the Premises is located is occupied by another tenant and that ingress and egress to the second floor for this Tenant is via an exclusive stairway at the rear of the building and a common stairway that exits into a common foyer at the front of building. Tenant understand that the Premises is subject to a license in favor of the second floor tenant allowing the tenant, its employees, and business invitees to use such stairways for ingress and egress to their second floor premises. 30. SECOND FLOOR OPTION (a) Subject to availability, the Tenant shall have the option to rent the second floor of the building in which the Premises is located in addition to the first floor. Tenant acknowledges that the second floor is presently occupied by another tenant. Landlord shall notify Tenant upon receiving notice from the present second floor tenant that preseni second floor tenant is vacating the second floor and after receipt of such notice, Tenant shall have thirty (30) days to exercise the option granted herein. Rent shall be an additional Two Thousand Six Hundred Fifty Dollars ($2650.00) per month plus applicable sales tax if such option is exercised during the original Term of this Lease. If Tenant is occupying the second floor during the Option Term of this Lease, or exercises this option to rent the second floor during the Option Term, then Rent during such Option Term shall be an additional Three Thousand Dollars ($3000.00) per month plus applicable sales. The option to rent the second floor of the building may only be exercised, and occupancy of the second floor continued, if the Tenant is occupying and renting the first floor. (b) Upon exercise of the option by Tenant, Tenant shall pay Landlord the appropriate amount agreed to first month's rent, last month's rent and one month's rent as security deposit as described in Section 32 with regard to the first floor of the building. 31. QUIET ENJOYMENT. Landlord covenants and agrees, provided Tenant pays all Rent and performs the terms and conditions of this Lease as and when required, to take all necessary steps to secure to Tenant and to maintain for the benefit of Tenant the quiet and peaceful possession and enjoyment of the Premises and all rights appurtenant thereto, for the term of this Lease, without disturbance, hindrance or molestation by Landlord or any other person claiming title to the Premises or any part of the Premises by through or under Landlord, and Landlord warrants and forever agrees to defend Tenant's interest under this Lease against the claims of any and all persons claiming title to the Premises or any part of the Premises by through or under Landlord. 32. SECURITY DEPOSIT. (00225161,1 306-9905263} 15 Approved:Landlord Accepted:Tenant C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.1E5\52FYTE0E\209_N_Seacrest_(Library_Annex_Space).doc Page 665 of 736 (a.) Simultaneously with the execution of this Lease, Tenant shall pay to Landlord a sum equal to the first month's rent, the last month's rent and a security deposit equal to one month's rent. The security deposit and last month's rent shall be held by Landlord without interest and without segregation as to the full and faithful performance by Tenant of the terms and conditions of this Lease. Landlord may use all or any part of the security deposit as is necessary to cure any default of Tenant under this Lease and in that event and a portion or all of such security deposit is used for such purpose, Tenant shall within fifteen (15) days after notice from Landlord replace such portions or all of such funds as may be expended by Landlord. In the last month of the Lease, provided, Tenant is not in default, the payment of rent for the last month's rent shall be applied to such amount then due. At the expiration of this Lease, the security deposit shall be returned to tenant without interest provided Tenant has returned the Premises to Landlord and has not otherwise been in default of this Lease, including but not limited to a default for the non-payment of rent. (b.) In the event Tenant exercise the option to rent the second floor of the building, at the time of the exercise of such option, Tenant shall pay to Landlord an additional sum equal to the last month's rent for the second floor and a security deposit equal to on month's rent for the second floor. The security deposit and last month's rent shall be held by Landlord on the same terms and conditions as the original security deposit and last month's rent deposit paid at the time of the original execution of the Lease. 33. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties with respect to its subject matter and negotiations relating to its subject matter, and this Lease supersedes all previous letter agreements. This Lease may be amended only by subsequent written agreement between the parties. Except for those that are set forth in this Lease, no representations, prior written or oral promises, warranties or agreements made by Landlord or Tenant shall be applicable to this Lease. 34. GOVERNING LAW VENUE. This Lease shall be governed by and shall be construed and interpreted in accordance with the laws of the State of Florida and venue for any action shall be in Palm Beach County, Florida. 35. ATTORNEY'S FEES/COLLECTION COSTS. In the event Tenant or Landlord defaults in the performance of any of the terms, covenants, agreements or conditions contained in this Lease or in the event Landlord places the enforcement of this Lease for the collection of any Rent due or to become due, or the recovery of possession of the Premises in the hands of an attorney, or in the event either party files suit against the other, with respect to the enforcement of its rights under this Lease, Tenant and Landlord agree that the prevailing party shall be entitled to be reimbursed by the non-prevailing party for all reasonable attorney's fees, expert witness fees, paralegal fees and court costs incurred by the prevailing party. All costs charged to or incurred by Landlord in the collection of any amounts owed [00225161.1306-99052631 16 Approved:Landlord Accepted:Tenant C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary'ntemet Fi7es\Content1E5\52FYTEOE\209_N_Seacres:_(Library_Annex_Space).doc Page 666 of 736 pursuant to this Lease, including reasonable attorney's fees and court costs, shall be paid by Tenant; and, at the option of Landlord, shall be deemed to be additional Rent under this Lease and shall be due from Tenant to Landlord on the first day of the following month. 36. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. 37. CONFIDENTIALITY. Each party to this Lease agrees not to disclose the economic terms of this Lease except as each party respectively determines to be necessary for the conduct of its business. Neither party shall issue any press releases pertaining to this Lease or containing the economic terms of this Lease without the prior written consent of the other party. 38. MEMORANDUM OF LEASE. Tenant shall not permit, allow or cause this Lease, or any amendment to this Lease, to be recorded in any public registry or office of register of deeds. Landlord may record a memorandum in the Public Records to preserve its rights pursuant to Paragraph 9 hereinabove. 39. WAIVER OF THE RIGHT TO TRIAL BY JURY. LANDLORD AND TENANT KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT LANDLORD OR TENANT MAY INSTITUTE AFTER THE EXECUTION OF THIS LEASE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS LEASE OR THE PREMISES. 40. COVENANT AGAINST WITHHOLDING RENTAL. Notwithstanding any other provisions contained in this Lease or any extensions, modifications or renewals of this Lease, it is understood and agreed that in the event of default in performance of any agreement, condition, or other provisions to be performed by the Landlord, or if for any other reason Tenant might be entitled to any reimbursement from Landlord, in no event shall Tenant deduct or withhold any such amount from rental payments due Landlord pursuant to the rental provision of this Lease, if sent. 41. MONTHLY RENTAL STATEMENTS. The Landlord shall not be required to send to Tenant monthly statements for rentals due or to become due under the terms and conditions of this Lease. However, past due reminders shall be considered notice under Paragraph 16(a)(i) of this Lease. (00225161.1306-9905263) 17 Approved:Landlord Accepted:Tenant C:\Users\StanzioneT\AppData\Local\vlicrosoft\Windows\TemporaryIntemet Files\Content.FES\52FYTEOE\209_N_Seacrest_(Library_Annex_Space).doc Page 667 of 736 42. PARTIAL INVALIDITY. If any term or provision of this Lease or the application of any term or provision of this Lease to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of that term or provision to parties or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected by the invalidity or unenforceability, and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 43. DEFINITION OF AND LIABILITY OF LANDLORD. The term "Landlord" as used in this Lease means only the owner for the time being of the Premises or the owner of a leasehold interest in the Premises so that in the event of sale of the Premises or an assignment of this Lease, or a demise of the Premises, Landlord shall be entirely freed and relieved of all obligations of Landlord under this Lease, and it shall be deemed without further agreement between the parties and the purchaser(s), assignee(s) or Tenant(s) that the purchaser, assignee or Tenant has assumed and agreed to observe and perform all obligations of Landlord under this Lease. It is specifically understood and agreed that there shall be no personal liability of Landlord in respect to any of the covenants, conditions or provisions of this Lease. In the event of a breach or default by Landlord of any of its obligations under this Lease, Tenant shall look solely to the equity of Landlord in the Premises for the satisfaction of Tenant's remedies. 44. ACCORD AND SATISFACTION. No payment by Tenant or receipt by Landlord of a lesser amount than any payment of Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy provided for in this ease or available at law or in equity. 45. WAIVER OF COVENANT OR CONDITION. The failure of Landlord to insist on strict performance of any of the covenants or conditions of this Lease or to exercise any option conferred in this Lease in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenants, conditions or options, but the same be and remain in full force and effect. 46. COUNTERPARTS: FACSIMILE SIGNATURES. This Lease may be executed in multiple counterparts, each of which shall be deemed an original but all of which, together, shall constitute but one and the same instrument. This Lease shall be effective when the parties have forwarded their respective signatures by facsimile either to the other party or to the other party's counsel. Facsimile signatures shall have the same legal effect as original signatures. (00225161.1306-99052631 is Approved:Landlord Accepted:Tenant C:\Users\StanzioneT\AppData\LocalVMicrosoR\windows\Temporary Internet Fi1es\Content:E5\52FYTE0E\209_N_Seacrest_(Library_Annex_Space).doc Page 668 of 736 SIGNATURES ON FOLLOWING PAGE 100225161.1 306-9905263) 19 Approved:Landlord __. Accepted:Tenant C:\Users\StanzioneT\AppData\Local\Microsoft\WindowS\Temporary Imemet Files\Content.E5\52FYTE0E\209_N_Seacrest_(Lihrary_Annex_Space).doc Page 669 of 736 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above-written. WITNESSES: LANDLORD: BOYNTON BOUNDLESS, L.L.C., a Florida limited liability company By: Print Name: Michael S. Weiner, Manager Print Name: WITNESSES: TENANT: CITY OF BOYNTON BEACH By: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of ) 2018, by Michael S. Weiner, Manager of BOYNTON BOUNDLESS, L.L.C., a Florida limited liability company, on behalf of the company, who is personally known to me. Signature of Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of _ 2018, by as City of Boynton Beach, who has produced his driver's license as identification. (00225161.1 306-9905263) 20 Approved:Landlord Accepted:Tenant C:\Users\StanzioneT\AppDa!a\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.IE5\52FYTE0E\209_N_Seacresl_(Library_Annex_Spacc).dcc Page 670 of 736 Signature of Notary Public My Commission Expires: EXHIBIT "A" (00225161.1 306-9905263) 21 Approved:Landlord Accepted:Tenant C:\Users\StanzioneT\AppData\Loca1\Microsoft\Windows\Temporary Internet Files\Content.TES\52FYTEOE\209_N_Seacrest_(Library_Anrex_Space).doc Page 671 of 736 �tl. I GVI-e.-fJ� wi I N }. .......i,.> p �1�! F 7, gll i� 111�f&ti ,�; ..�, i{ If,�N " "S / ! I-10�hQ.Y14d�a n v tr ) I�I �y ✓,4,�� (� �Gd / tom �I + 7 Or ti °v ' r 4 C A „� 4 � it „`r„� � �v ,� `y �L�>;,��' jhi ttwl 16 itli.'� . {.�I j s -k11 d t �4T 7L, Ir t-a',�• V t << � I y �_�=�a et y�d,� a- -a'a �t I ��'• I of� I 1 % gil u f Nl,� 1 y;.Dut 10 fit. 1 Lf,: ,:�.�L. .. .. �. ' -...-..-...1.:. - G Il4a, cow. Ewff¢�` 776 -- �'Iof>' I< 100225161.1306-9905263) 22 Approved:Landlord Accepted:Tenant C:\Users\StanzioneT\AppData\Local\N.icrosoft\Windows\Temporary:ntemet F!es\CortenGE5\52FYTEOE\209_N_Seacrest_(Library_Annex_Space).dcc Page 672 of 736 LEASE AGREEMENT 1. Basic Lease Provisions.Parties: This Lease is made and entered into as of the day of , 2018 (the "Effective Date") by and between FH QUANTUM, LLC, a Florida limited liability company ("Landlord"), and the CITY OF BOYNTON BEACH ("Tenant") 1.1 Premises: Ground Floor, as shown on Exhibit "A" attached hereto (the "Premises"). 1.2 Rentable Square Footage of the Premises: 23,000 square feet; subject to the parties' right to measure the square footage as set forth in Section 2.3 herein. 1.3 Building Address: 3301 Quantum Blvd., Boynton Beach, FL 33426. 1.4 Permitted Use: General office use, subject to the requirements and limitations contained in Section 6. 1.5 Term: Twenty-four(24) months from the Rent Commencement Date. 1.6 Commencement Date: Shall mean July 1, 2018. 1.7 Rent Commencement Date: Shall mean August 1, 2018. 1.8 Base Rent: Tenant shall pay Base Rent during the Term of the Lease as follows, plus all applicable sales taxes: Term Lease Period in Rent Per Squafe Foot Annual Base Rent Monthly Base Months L&SFJ Rent Initial Lease 24 $16.00 $368,000.00 $30,666.67 Term First Option 6 $16.48 $379,040.00 $31,586.67 Period Second 6 $16.97 $390,310.00 $32,525.83 Option Period 1.9 Base Rent Paid Upon Execution: $30,666.67 for the first full month of the Term. 1.10 Security Deposit: N/A. 1.11 Tenant's Share: Tenant's Share of the Building is 25% 1.12 Omitted. 1.13 Real Estate Brokers: {00225102.1 306-9905263} 1 MIA 186217473v2 Page 673 of 736 Landlord: Cushman & Wakefield of Florida, LLC Tenant: Avison Young 1.14 Attachments to Lease: Exhibit A - "Premises" and Exhibit B - "Rules and Regulations". 1.15 Addresses for Notices: Landlord: FH QUANTUM, LLC 200 S. Park Road, Suite 425 Hollywood, FL 33021 Tenant: City of Boynton Beach 3301 Quantum Blvd. Boynton Beach, FL 33426 1.16 Interpretation. If there is a conflict between the Basic Lease Provisions and the other terms and conditions of this Lease, the other terms and conditions shall control. 2. Premises. 2.1 Lease of Premises. Landlord hereby leases the Premises to Tenant, together with the right to use any portions of the Project, as hereinafter defined, that are designated by Landlord for the common use of tenants and others (the "Common Areas"). The "Project" consists of the building of which the Premises is a part (the "Building"), the Common Areas, the land upon which the same are located, along with all other buildings and improvements thereon or hereunder, including all parking facilities. 2.2 Acceptance. Tenant agrees to accept the Premises in its "as-is" condition existing as of the Commencement Date, unless otherwise provided in this Lease. Tenant acknowledges and agrees that Landlord shall not be obligated to construct any tenant improvements on behalf of Tenant and that Landlord has no obligation and has made no promises to make any repairs or alterations to the Premises or the Project, or to provide any allowance for such purposes. 2.3 Gross Leasable Area. At the Commencement Date, the rentable square footage (RSF) of the Premises is estimated to be the number of square feet set forth in Section 1.2. The RSF is measured from the exterior face of exterior walls, the exterior face of service corridor walls and the centerline of interior demising walls. No deduction shall be made for columns, stairs, elevators or any internal construction or equipment. Either party shall have the right to certify and/or remeasure the RSF of the Premises, and if the RSF is different from the RSF set forth in Section 1.2, the Annaul Base Rent and Monthly Base Rent shall be adjusted accordingly. {00225102.1 306-9905263} 2 MIA 186217473v2 Page 674 of 736 3. Term. This Lease shall be in full force and effect from the Effective Date and Tenant shall be entitled to possession for the purpose of making tenant improvements. Rent shall not commence until August 1, 2018 ("Rent Commencement Date"). The Term and Commencement Date of this Lease are as specified in Sections 1.5 and 1.6, as the same may be adjusted in accordance with the terms of a Work Letter, if any. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder; provided, however, in such a case, the Commencement Date shall be extended to the date Landlord delivers possession of the Premises to Tenant. Landlord shall have reasonable access to the Premises during the last twelve (12) months of the Term for the purpose of marketing and showing the Premises to potential future tenants. 4. Rent. 4.1 Base Rent. Tenant shall pay Landlord the Base Rent for the Premises on the first day of each calendar month during the Term of this Lease in advance, without notice or demand, deduction, abatement or offset (unless expressly set forth in this Lease). It is hereby agreed that if any payment of Base Rent is not made within fifteen (15) days of the due date as above provided, Tenant shall pay Landlord a late charge of five percent (5%) of the payment not so received, the parties agreeing that said charge is a fair and reasonable charge for the late payment and shall not be deemed a penalty. At the time Tenant executes this Lease it shall pay to Landlord the advance Base Rent described in Section 1.7. Base Rent for any partial month during the Term shall be prorated. Base Rent and all other amounts payable to Landlord hereunder shall be payable to Landlord in lawful money of the United States and Tenant shall be responsible for delivering said amounts to Landlord at the address stated herein or to such other persons or to such other places as Landlord may designate in writing. All monetary obligations of Tenant to Landlord under the terms of this Lease, including, but not limited to, Base Rent, Tenant's Share of Operating Expenses, Tenant's Share of Real Property Taxes, late charges and charges for after hours HVAC shall be deemed to be rent. 4.2 Operating Expenses. For all purposes of this Lease, the following terms shall have the meanings as ascribed to them below: (a) "Operating Expenses" shall include all costs, expenses and fees incurred by Landlord in connection with or attributable to the Project, including but not limited to, the following items: (i) all costs, expenses and fees associated with or attributable to the ownership, management, operation, repair, maintenance, improvement, alteration and replacement of the Project, or any part thereof, including but not limited to, the following: (A) all surfaces, coverings, parking areas, loading and unloading areas, trash areas, roadways, sidewalks, stairways, walls, structural elements, landscaped areas, striping, bumpers, irrigation systems, lighting facilities, building exteriors and roofs, fences and gates; (B) all heating, ventilating and air conditioning equipment ("HVAC"), plumbing, mechanical, electrical systems, life safety systems and equipment, telecommunication equipment, elevators, escalators, tenant directories, fire detection systems including sprinkler system maintenance and repair; (ii) the cost of trash disposal, and security services and systems; (iii) the cost of all insurance purchased by Landlord t00225102.1 306-9905263} 3 MIA 186217473v2 Page 675 of 736 and enumerated in section 8 of this Lease, including any deductibles (collectively, "Insurance Premiums"); (iv) the cost of water, sewer, gas, electricity, and other utilities available at the Project and paid by Landlord (collectively "Landlord Utilities"); (v) wages and salaries of all employees engaged in operation, maintenance and security of the Project, employer's social security taxes, unemployment taxes or insurance, and any other taxes which may be levied on such wages and salaries, the cost of disability and hospitalization insurance, pension or retirement benefits, and any other fringe benefits for such employees; (vi) the actual cost of materials, supplies and tools used in managing, maintaining and/or cleaning the Project; (vii) the cost of accounting fees, management fees, legal fees and consulting fees attributable to the ownership, operation, management, maintenance and repair of the Project plus the cost of any space occupied by the property manager and leasing agent; (viii) payments made by Landlord under any easement, license, operating agreement, declaration, restrictive covenant, or instrument pertaining to the payment or sharing of costs among property owners; (ix) any business property taxes or personal property taxes imposed upon the fixtures, machinery, equipment, furniture and personal property used in connection with the operation of the Project; (x) the cost of all business licenses, any gross receipt taxes based on rental income or other payments received by Landlord, commercial rental taxes or any similar taxes or fees; (xi) transportation taxes, fees or assessments, including but not limited to, mass transportation fees, metrorail fees, trip fees, regional and transportation district fees, (xiii) all costs and expenses associated with or related to the implementation by Landlord of any transportation demand management program or similar program; (xiv) fees assessed by any air quality management district or other governmental or quasi-governmental entity regulating pollution; (xv) any non- insured hurricane related expenses, and (xvi) the cost of any other service provided by Landlord or any cost that is elsewhere stated in this Lease to be an "Operating Expense." Real Property Taxes shall be paid in accordance with section 10 below and shall not be included in Operating Expenses. If the cost incurred in making an improvement or replacing any equipment is not fully deductible as an expense in the year incurred, the cost shall be amortized over the useful life of the improvement or equipment, as reasonably determined by Landlord, together with an interest factor on the unamortized cost of twelve percent(12%)per annum. "Operating Expenses" shall not include the following: (a) expenses for repairs or other work occasioned by condemnation or fire or other casualty, to the extent reimbursed by condemnation or insurance proceeds; (b) leasing commissions; (c) interest or amortization of mortgages secured by the Building and/or the Project; (d) any expense fully reimbursed to Landlord by Tenant or any other tenant of the Building, or any expense billed to and paid directly by same for their own account or on Landlord's behalf, (e)expenses for repairs or replacements to the Building and the Project to the extent that such repairs or replacements are reimbursed by insurance proceeds; and (f) legal expenses incurred in connection with leasing the Building or enforcement of Building leases. (b) Omitted. (c) Omitted. t00225102.1 306-9905263} 4 MIA 186217473v2 Page 676 of 736 (d) "Tenant's Share" shall mean the percentage set forth in section 1.12, which percentage has been determined by dividing the number of rentable square feet in the Premises by the total number of rentable square feet in the Project and multiplying the resulting quotient by one hundred (100). In the event that the number of rentable square feet in the Project or the Premises changes, Tenant's Share shall be adjusted in the year the change occurs, and Tenant's Share for such year shall be determined on the basis of the days during such year that each Tenant's Share was in effect. 4.3 Payment of Operating Expenses. (a) In addition to the payment of Base Rent, Tenant shall pay to Landlord, Tenant's Share of Operating Expenses, plus sales tax. If less than 95% of the rentable square feet in the Project is occupied by tenants or Landlord is not supplying services to 95% of the rentable square feet of the Project at any time during any calendar year, Operating Expenses for such calendar year shall be an amount equal to the Operating Expenses which would normally be expected to be incurred had 95% of the Project's rentable square feet been occupied and had Landlord been supplying services to 95% of the Project's rentable square feet throughout such calendar year (hereinafter the "Grossed Up Operating Expenses"). Landlord's good faith estimate of Grossed Up Operating Expenses shall be applied consistently year to year. (b) Tenant's Share of Operating Expenses shall be payable by Tenant within thirty (30) days after a reasonably detailed statement of actual expenses is presented to Tenant by Landlord. At Landlord's option, however, Landlord may, from time to time, estimate what Tenant's Share of Operating Expenses will be, and the same shall be payable by Tenant monthly commencing on the Commencement Date, on the same day as the Base Rent is due hereunder. In the event that Tenant pays Landlord's estimate of Tenant's Share of Operating Expenses, Landlord shall use its reasonable efforts to deliver to Tenant within one hundred eighty (180) days after the expiration of each year a reasonably detailed statement (the "Statement") showing Tenant's Share of the actual Operating Expenses incurred during such year. Landlord's failure to deliver the Statement to Tenant within said period shall not constitute Landlord's waiver of its right to collect said amounts or otherwise prejudice Landlord's rights hereunder. If Tenant's payments under this section 4.3(b) during said year exceed Tenant's Share as indicated on the Statement, Tenant shall be entitled to credit the amount of such overpayment against Tenant's Share of any payments, including Base Rent next falling due. If Tenant's payments under this section 4.3(b) during said year were less than Tenant's Share as indicated on the Statement, Tenant shall pay to Landlord the amount of the deficiency within thirty (30) days after delivery by Landlord to Tenant of the Statement. Landlord and Tenant shall forthwith adjust between them by cash payment any balance determined to exist with respect to that portion of the last year of the Lease Term for which Tenant is responsible for Operating Expenses, notwithstanding that the Lease Term may have terminated before the end of such year; and this provision shall survive the expiration or earlier termination of the Lease. (c) The computation of Tenant's Share of Operating Expenses is intended to provide a formula for the sharing of costs by Landlord and Tenant and will not necessarily result in the reimbursement to Landlord of the exact costs it has incurred. 5. Security Deposit. t00225102.1 306-9905263} 5 MIA 186217473v2 Page 677 of 736 Intentionally Omitted. 6. Use. 6.1 Use. The Premises shall be used and occupied only for the Permitted Use and for no other purpose. No exclusive use has been granted to Tenant hereunder. 6.2 Compliance with Law. Tenant shall, at Tenant's sole expense, promptly comply with all laws, statutes, codes, ordinances, orders, covenants, restrictions or record, rating bureaus or governmental agencies, rules and regulations of any municipal or governmental entity whether in effect now or later, including, the Americans With Disabilities Act and all federal, state and local laws and regulations governing occupational safety and health ("Law(s)") regarding the operation of Tenant's business and the use, condition, configuration and occupation of the Premises. Tenant shall conduct its business and use the Premises in a lawful manner and shall not use or permit the use of the Premises or the Common Areas in any manner that constitutes waste or a nuisance or shall unreasonably disturb other occupants of the Project. Tenant shall obtain, at its sole expense, any permit or other governmental authorization required to operate its business from the Premises. Landlord shall not be liable for the failure of any other tenant or person to abide by the requirements of this Section or to otherwise comply with applicable Laws, and Tenant shall not be excused from the performance of its obligations under this Lease due to such a failure. 7. Maintenance, Repairs and Alterations. 7.1 Landlord's Obligations. Landlord shall keep and maintain in good repair and working order and perform maintenance upon the (a) structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Project in good order, condition and repair. In the event Tenant shall provide written notice to Landlord of the need to repair any structural, mechanical, roof areas, or exterior windows, Landlord shall be required to commence repairs within three (3) calendar days after receiving written notice from Tenant of such repairs. 7.2 Tenant's Obligations. (a) Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord's express responsibility under this Lease and shall keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant's repair and maintenance obligations include, without limitation, repairs to: (a) floor coverings; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, "Cable"); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; t00225102.1 306-9905263} 6 MIA 186217473v2 Page 678 of 736 (g)janitorial service in the Premises; and (h) Alterations. If Tenant fails to keep the Premises in good condition and repair, Landlord may, but shall not be obligated to, make any necessary repairs. If Landlord makes such repairs, Landlord shall bill Tenant for the cost of the repairs as additional rent, and said additional rent shall be payable by Tenant within thirty (30) days. (b) On the last day of the Term hereof, or on any sooner termination, Tenant shall remove all Tenant's Property, as hereinafter defined, Cable and all designated Required Removables, as hereinafter defined, from the Premises and quit and surrender the Premises to Landlord, broom clean, in the same condition as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted. Tenant shall repair any damage to the Premises occasioned by the installation or removal of Tenant's Property, Cable and Required Removables. Tenant shall leave the electrical distribution systems, plumbing systems, lighting fixtures, HVAC ducts and vents, window treatments, wall coverings, carpets and other floor coverings, doors and door hardware, millwork, ceilings and other tenant improvements at the Premises and in good condition, ordinary wear and tear excepted. 7.3 Alterations and Additions. (a) Tenant shall not make any alterations, repairs, additions or improvements or install any Cable (collectively referred to as "Alteration(s)") in, on or about the Premises or the Project without Landlord's prior written consent, which may be given or withheld in Landlord's sole discretion. (b) All approved improvements (with the exception of security systems located within the Premises and servicing the Premises) in and to the Premises, including any Alterations, shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, in compliance with the National Electric Code or other applicable Laws, shall, on or before the expiration of the Term, remove any Cable. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by any mechanic's or materialmen's lien against Tenant's interest in the Premises only, subject to the foregoing provisions of Section 7.3(d) hereof. (c) The interest of Landlord in and to the Project, the Building, the Premises, and/or any part of the Project, the Building or the Premises, and the income therefrom, shall not be subject to liens for improvements made, or caused to be made, by Tenant. Tenant will not permit any construction liens or other liens to be placed upon the Premises, the Building or the Project, and nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any person for the performance of any labor or the furnishing of any materials to the Premises or any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any construction, mechanic's or other liens against the Premises, the Building or the Project. If any such lien is recorded against or attached to the Premises, the Building or the Project, Tenant shall bond against or discharge same within 15 days after Tenant's receipt of actual notice that the same has been so recorded or attached. In the event any such lien is not discharged or bonded off within such 15 day period, then, in addition to any other right or remedy of Landlord, Landlord t00225102.1 306-9905263} 7 MIA 186217473v2 Page 679 of 736 may, but shall not be obligated to, cause the same to be discharged (including the advancement of monies for such purpose). Any monies advanced or costs incurred by Landlord for any of the aforesaid purposes shall be paid by Tenant to Landlord on demand as additional rent. Should a Notice of Commencement be filed in the public records for work by or on behalf of Tenant, then the legal description in the Notice of Commencement shall specifically be limited to Tenant's leasehold interest in the Premises, and then Tenant shall be responsible for having a corresponding Notice of Termination timely recorded in the county which the Project is located upon the completion of such work. 8. Insurance. 8.1 Insurance-Tenant. Tenant is a self-insured, sovereign entity of the State of Florida, and its self-insurance limitations are provided by law. Tenant is provided with comprehensive general liability insurance through the State Risk Management Trust Fund with limits of coverage up to a maximum of$200,000 per person and $300,000 in the aggregate per occurrence, pursuant to the terms and limitations of Sections 768.28, Florida Statutes and Chapter 284, Part 11, Florida Statutes, or as amended from time to time. Worker's Compensation insurance is maintained in full compliance with Florida law. Tenant shall obtain and keep in force during the Term of this Lease "all risk" extended coverage property insurance with coverages acceptable to Landlord, in Landlord's commercially reasonable discretion. Said insurance shall be written on a one hundred percent (100%) replacement cost basis on Tenant's personal property, all tenant improvements installed at the Premises by Landlord or Tenant, Tenant's trade fixtures and other property. By way of example, and not limitation, such policies shall provide protection against any peril included within the classification "fire and extended coverage," against vandalism and malicious mischief, theft, sprinkler leakage, earthquake damage, windstorm damage and flood damage. Tenant expressly acknowledges and agrees that in the event its insurance policy excludes coverage for flood, earthquake, windstorm or any other peril, that neither Tenant nor its insurance company shall have any right or claim against Landlord or its insurance company as a result of damage to Tenant's Property resulting from such excluded peril. In addition, if there is damage to any tenant improvements installed in the Premises which is not covered by Tenant's insurance because of exclusions under Tenant's "all risk" policy, Tenant shall be required to reimburse Landlord for any costs incurred by Landlord to repair or replace such improvements. If this Lease is terminated as the result of a casualty in accordance with section 9, the proceeds of said insurance attributable to the replacement of all tenant improvements at the Premises shall be paid to Landlord. If insurance proceeds are available to repair the tenant improvements, at Landlord's option, all insurance proceeds Tenant is entitled to receive to repair the tenant improvements shall be paid by the insurance company directly to Landlord, Landlord shall select the contractor to repair and/or replace the tenant improvements, and Landlord shall cause the tenant improvements to be repaired and/or replaced to the extent insurance proceeds are available. 8.2 Insurance-Landlord. Landlord shall maintain general liability insurance with coverage against such risks and in such amounts as Landlord deems advisable insuring Landlord against liability arising out of the ownership, operation and management of the Project. Landlord shall also maintain a policy or policies of insurance covering loss or damage to the Project in the amount of not less than eighty percent (80%) of the full replacement cost t00225102.1 306-9905263} 8 MIA 186217473v2 Page 680 of 736 thereof, as determined by Landlord from time to time. The terms and conditions of said policies and the perils and risks covered thereby shall be determined by Landlord, from time to time, in Landlord's sole discretion. In addition, at Landlord's option, Landlord shall obtain and keep in force, during the Term of this Lease, a policy of rental interruption insurance, with loss payable to Landlord, which insurance shall, at Landlord's option, also cover all Operating Expenses. In addition, Landlord shall have the right to obtain such additional insurance as is customarily carried by owners or operators of other comparable office buildings in the geographical area of the Project. Tenant will not be named as an additional insured in any insurance policies carried by Landlord and shall have no right to any proceeds therefrom. The policies purchased by Landlord shall contain such deductibles as Landlord may determine. In addition to amounts payable by Tenant in accordance with Section 4.2, Tenant shall pay any increase in the property insurance premiums for the Project over what was payable immediately prior to the increase to the extent the increase is specified by Landlord's insurance carrier as being caused by the nature of Tenant's occupancy or any act or omission of Tenant. 8.3 Insurance Policies. Tenant shall provide Landlord or their designee, prior to, or during, the use or occupancy of the Premises, with a Certificate of Self-Insurance or Certificate of Insurance evidencing Tenant's self-insured Risk Management Program in accordance with Section 768.28, Florida Statutes, and/or any maintained excess property insurance applicable to this Lease Agreement. Tenant secures its excess tortious liability insurance through a Municipal Government Insurance Pool whose State trust composition requires that its membership must exclusively consist of public-entities and its coverages are predicated upon the concept of sovereign immunity among all its members. Non-governmental entities do not enjoy sovereign immunity protection under Florida law. Accordingly, entities which are not eligible for sovereign immunity protection under F.S. 768.28 may not be an additional covered party under the Preferred coverage agreement. Notwithstanding any other provision set forth in this lease agreement, nothing contained herein shale be construed as a waiver of the Subtenant's right to sovereign immunity under section 768.28, or other limitations imposed on the Subtenant's potential liability under state or federal law. 8.4 Waiver of Subrogation. Landlord and Tenant hereby waive and shall cause their respective insurance carriers to waive any and all rights of recovery, claims, actions or causes or action against the other for any loss or damage with respect to Tenant's Property, the Building, the Premises, or any contents thereof, including rights, claims, actions and causes of action based on negligence, which loss or damage is (or would have been, had the insurance required by this Lease been carried) covered by insurance. For the purposes of this wavier, any deductible with respect to a party's insurance shall be deemed covered by and recoverable by such party under valid and collectable policies of insurance. 9. Damage or Destruction. Tenant shall give prompt notice to Landlord in case of any fire or other damage to the Premises. If the Premises or the Building are damaged by fire or other casualty not caused by the act or negligence of Tenant or its agents or employees, Landlord shall diligently and as soon as practicable after such damage occurs repair such damage at its own expense, and, provided Tenant is not in default during any period of time that the Premises are rendered untenantable, the Base Rent and additional rent shall be abated in proportion to the part of the Premises which t00225102.1 306-9905263} 9 MIA 186217473v2 Page 681 of 736 is rendered untenantable until such repairs have been completed (in no event shall damage to any parking areas be deemed to render the Premises untenantable). If the Premises or the Building are damaged by fire or other casualty to such an extent that the damage, in Landlord's opinion, cannot be fully repaired within one hundred eighty (180) days from the date such damage occurs, Landlord shall have the right, exercised by giving Tenant written notice within such one hundred eighty (180) day period, to terminate this Lease effective as of the date of such damage. Notwithstanding the foregoing, if the fire or other casualty shall be caused by the carelessness, negligence or improper conduct of Tenant or its agents or employees, Tenant shall remain liable for the full amount of the Base Rent and additional rent during the period of restoration or until termination of this Lease, and all required repairs shall be made at Tenant's expense. 10. Real and Personal Property Taxes. In addition to the payment of Base Rent and Tenant's Share of Operating Expenses, Tenant shall pay to Landlord during the Term of this Lease, Tenant's Share of the amount by which all "Real Property Taxes" (as defined below). Tenant's Share of Real Property Taxes shall be payable by Tenant at the same time, in the same manner and under the same terms and conditions as Tenant pays Tenant's Share of Operating Expenses as provided in section 4.3 of this Lease. As used herein, the term "Real Property Taxes" shall include (i) any form of real estate tax or assessment, general, special, ordinary or extraordinary, improvement bond or bonds imposed on the Project or any portion thereof by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Landlord in the Project or in any portion thereof, and (ii) all costs and fees incurred in connection with seeking reductions in any tax liabilities described in subsection (i) above, including, without limitation, any costs incurred by Landlord for compliance, review and appeal of tax liabilities. Real Property Taxes shall not include income, inheritance and gift taxes. Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant contained in the Premises or related to Tenant's use of the Premises (collectively, the "Tenant's Property"). If any of Tenant's Property shall be assessed with Landlord's real or personal property, Tenant shall pay to Landlord the taxes attributable to Tenant within ten (10) days after receipt of a written statement from Landlord setting forth the taxes applicable to Tenant's Property. 11. Building Services, Utilities. 11.1 Services Provided by Landlord. Subject to all governmental rules, regulations and guidelines applicable thereto, Landlord shall provide water in the Premises or in the Common Areas for reasonable and normal drinking and lavatory use, elevator service and access to the Building for the Tenant and its employees 24 hours per day/ 7 days per week subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose and such other services as Landlord reasonably determines are necessary or appropriate for the Project. The Building shall be open from 6:00 AM to 10:00 PM Monday through Friday, except as extended to accommodate City Commission and City Board meetings, and 8:00 AM through 1:00 PM Saturday, exclusive of holidays (the "Normal Business Hours"). If Tenant uses the Premises after Normal Business Hours ("After Hours"), then Tenant shll pay an hourly amount for the use of the HVAC system. Landlord t00225102.1 306-9905263} 10 MIA 186217473v2 Page 682 of 736 will work with Tenant to provide seperatley metered electric and HVAC controls if feasible in Landlord's discretion. 11.2 Interruptions. Tenant agrees that Landlord shall not be liable to Tenant for its failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of a Force Majeure Event and such failures shall never be deemed to constitute a constructive eviction of Tenant or relieve Tenant from the obligation of paying rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for loss of property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any such services or utilities. Landlord may comply with voluntary controls or guidelines promulgated by any governmental entity relating to the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. 12. Assignment and Subletting. 12.1 Landlord's Consent Required. Tenant shall not voluntarily or by operation of law assign, transfer, hypothecate, mortgage, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises (hereinafter collectively a "Transfer"), without Landlord's prior written consent, which consent shall not be unreasonably withheld. In the event Tenant is a corporation, limited liability company or a partnership, the conveyance, assignment, transfer or alienation of 20% or more of the corporate stock, membership interests or partnership interests, as the case may be, shall be deemed a Transfer for the purposes hereof 12.2 Additional Terms and Conditions. Landlord may accept rent from any person other than Tenant pending approval or disapproval of an assignment or subletting. The consent by Landlord to any Transfer shall not constitute a consent to any subsequent Transfer by Tenant or to any subsequent or successive Transfer by an assignee or subtenant and no assignment or sublease may be modified or amended without Landlord's prior written consent. However, Landlord may consent to subsequent Transfers or any amendments or modifications thereto without notifying Tenant or anyone else liable on the Lease and without obtaining their consent, and such action shall not relieve such persons from liability under this Lease. In the event of any default under this Lease, Landlord may proceed directly against Tenant, any guarantors or anyone else responsible for the performance of this Lease, including any subtenant or assignee, without first exhausting Landlord's remedies against any other person or entity responsible therefore to Landlord, or any security held by Landlord. The discovery of the fact that any financial statement relied upon by Landlord in giving its consent to an assignment or subletting was materially false shall, at Landlord's election, render Landlord's consent null and void. Landlord shall not be liable under this Lease or under any sublease to any subtenant. Any assignee of, or subtenant under, this Lease shall, by reason of accepting such assignment or entering into such sublease, be deemed, for the benefit of Landlord, to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Tenant during the term of said assignment or t00225102.1 306-9905263} 1 1 MIA 186217473v2 Page 683 of 736 sublease, other than such obligations as are contrary or inconsistent with provisions of an assignment or sublease to which Landlord has specifically consented in writing. 13. Default, Remedies. 13.1 Default by Tenant. Landlord and Tenant hereby agree that the occurrence of any one or more of the following events is a default by Tenant under this Lease and that said default shall give Landlord the rights described in Section 13.2. Landlord or Landlord's authorized agent shall have the right to execute and deliver any notice of default, notice to pay rent or quit or any other notice Landlord gives Tenant. (a) Tenant's failure to make any payment of Base Rent, Tenant's Share of Operating Expense increases, Tenant's Share of Real Property Tax increases, charges for after hours HVAC, late charges, or any other payment required to be made by Tenant hereunder, as and when due. In the event that Landlord serves Tenant with a notice to pay rent or quit pursuant to applicable unlawful detainer statutes, such notice shall also constitute the notice required by this Section 13.1(a). (b) The abandonment of the Premises by Tenant in which event Landlord shall not be obligated to give any notice of default to Tenant. (c) Tenant's failure to comply with any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant (other than those referenced in Sections 13.1(a) and (b) above), where such failure shall continue for a period of ten (10) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant's nonperformance is such that more than ten (10) days are reasonably required for its cure, then Tenant shall be allowed additional time (not to exceed 60 days) as is reasonably necessary to cure the failure so long as Tenant commences such cure within said ten (10) day period and thereafter diligently pursues such cure to completion. In the event that Landlord serves Tenant with a notice to quit or any other notice pursuant to applicable unlawful detainer statutes, said notice shall also constitute the notice required by this Section 13.1(c). (d) (i) The making by Tenant's obligations hereunder of any general arrangement or general assignment for the benefit of creditors; (ii) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; (iii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days; or (iv) the insolvency of Tenant or Tenant becoming subject to state insolvency or federal bankruptcy. In the event that any provision of this Section 13.1(d) is unenforceable under applicable law, such provision shall be of no force or effect. (e) Tenant shall make a Transfer without Landlord's prior consent. (f) The occurrence of any other event described as a default elsewhere in the Lease or any amendment thereto, regardless of whether such event is defined as an "Event of Default." t00225102.1 306-9905263} 12 MIA 186217473v2 Page 684 of 736 (g) (g) Notwithstanding the language above, the Tenant shall have the right to cure any default as set forth above. Such event of default shall not be effective until thirty (30) days subsequent to the Tenant receiving written notice from Landlord. 13.2 Remedies. Upon the occurrence of any event of default by Tenant under this Lease, Landlord shall have the option to pursue any one or more of the following remedies, in addition to the remedies otherwise provided herein or otherwise available at law or in equity, without any notice or demand whatsoever: (a) Landlord may cancel and terminate this Lease and dispossess Tenant; (b) Landlord may without terminating or canceling this Lease declare all amounts and rents due under this Lease for the remainder of the Lease Term (or any applicable extension or renewal thereof) to be immediately due and payable, and thereupon all rents and other charges due hereunder to the end of the Lease Term or any renewal term, if applicable, shall be accelerated. (c) Landlord may elect to enter and repossess the Premises and relet the Premises for Tenant's account, holding Tenant liable in damages for all expenses incurred in any such reletting and for any difference between the amount of rent received from such reletting and the amount due and payable under the terms of this Lease. (d) Landlord may recover from Tenant a sum equal to all rent concessions granted to Tenant hereunder, including but not limited to free rent, tenant improvement allowances and relocation costs. All of the foregoing rights, remedies, powers and elections of Landlord reserved herein are cumulative, and pursuit of any of the foregoing remedies shall not preclude other remedies available under this Lease or provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent due to Landlord hereunder or of any damages accruing to Landlord by reason of the violation of any of the terms, provisions and covenants herein contained. No waiver by Landlord of any violation or breach of any of the terms, provisions and covenants herein contained shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions and covenants herein contained. Forbearance by Landlord to enforce one or more of the remedies herein provided upon an event of default, or delay by Landlord in enforcing one or more of such remedies upon an event of default, shall not be deemed or construed to constitute a waiver of such default. All monies expended by Landlord for which Tenant is liable under this Lease, and all amounts and charges due to Landlord under this Lease shall be deemed to constitute rents and all rents shall be paid by Tenant to Landlord without any setoff or counterclaim whatsoever and all past due rents shall bear interest at the maximum legal rate per annum and shall be included in any lien for rent. 13.3 Default by Landlord. Landlord shall not be in default under this Lease unless Landlord fails to perform obligations required of Landlord within Fifteen (15) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust encumbering the Project whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; t00225102.1 306-9905263} 13 MIA 186217473v2 Page 685 of 736 provided, however, that if the nature of Landlord's obligation is such that more than Fifteen (15) days are required for its cure, then Landlord shall not be in default if Landlord commences performance within such Fifteen (15 day period and thereafter diligently pursues the same to completion. Tenant hereby waives its right to recover consequential damages (including, but not limited to, lost profits) or punitive damages arising out of a Landlord default. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default, and Tenant's remedies shall be limited to damages and/or an injunction. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of a Force Majeure Event, and the time for Landlord's performance shall be extended for the period of any such delay. 14. Landlord's Right to Cure Default; Payments by Tenant. If Tenant shall fail to perform any of its obligations under this Lease, Landlord shall have the right to make any such payment or perform any such act on Tenant's behalf without waiving its rights based upon any default of Tenant and without releasing Tenant from any obligations hereunder. Tenant shall reimburse Landlord for the cost of such performance upon demand. 15. Condemnation. If the Premises or the Project are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "Condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs, except with respect to a temporary taking lasting less than ninety (90) days in which case Tenant's rent will be proportionately abated but the Lease shall continue in full force and effect. Any award for the taking of all or any part of the Premises or the Project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold, for good will, for the taking of the fee, as severance damages, or as damages for tenant improvements; provided, however, that Tenant shall be entitled to any separate award for loss of or damage to Tenant's removable personal property and for moving expenses. 16. Broker's Fee. Tenant and Landlord each represent and warrant to the other that neither has had any dealings or entered into any agreements with any person, entity, broker or finder other than the persons, if any, listed in Section 1.14, in connection with the negotiation of this Lease, and no other broker, person, or entity is entitled to any commission or finder's fee in connection with the negotiation of this Lease, and Tenant and Landlord each agree to indemnify, defend and hold the other harmless from and against any claims, damages, costs, expenses, attorneys' fees or liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings, actions or agreements of the indemnifying party. 17. Subordination; Estoppel Certificates; Financial Statements. t00225102.1 306-9905263} 14 MIA 186217473v2 Page 686 of 736 17.1 Subordination. This Lease and any options granted to Tenant hereunder, upon Landlord's written election, shall be subject and subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Tenant agrees that any mortgagee shall have the right at any time to subordinate such mortgage, deed of trust, or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust, or other lien now existing or hereafter placed upon the Premises, or the Building or the Project, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may request. The terms of this Lease are subject to approval by the Landlord's lender(s), and such approval is a condition precedent to Landlord's obligations hereunder. In the event that Tenant should fail to execute any subordination or other agreement required hereunder, promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant's name, place, and stead, it being agreed that such power is one coupled with an interest. 17.2 Estoppel Certificates. Tenant shall from time to time, upon not less than fifteen (15) days' prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing certifying such information as Landlord may reasonably request including, but not limited to, the following: (a) that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) (b) the date to which the Base Rent and other charges are paid in advance and the amounts so payable, (c) that there are not, to Tenant's knowledge, any uncured defaults or unfulfilled obligations on the part of Landlord, or specifying such defaults or unfulfilled obligations, if any are claimed, (d) that all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord's obligations and (e) that Tenant has taken possession of the Premises. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Project. At Landlord's option, the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that(a)this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) there are no uncured defaults in Landlord's performance, (c) not more than one month's Base Rent has been paid in advance, (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord's obligations and (e) Tenant has taken possession of the Premises. 17.3 Financial Statements. From time to time, at Landlord's request, Tenant shall cause a copy of its annual budget and any amendments thereto to be delivered to Landlord, at Tenant's sole cost and expense. 18. Landlord's Liability. Landlord shall have the right to transfer all or any portion of its interest in the Project and to assign this Lease to the transferee. Upon transfer, Landlord shall automatically be released from all further liability under this Lease; and Tenant hereby agrees to look solely to Landlord's t00225102.1 306-9905263} 15 MIA 186217473v2 Page 687 of 736 transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's Security Deposit to Tenant or transfer Tenant's Security Deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its Security Deposit. Subject to the rights of any lender holding a mortgage or deed of trust encumbering all or part of the Project, Tenant agrees to look solely to Landlord's equity interest in the Project for the collection of any judgment requiring the payment of money by Landlord arising out of (a) Landlord's failure to perform its obligations under this Lease or (b) the negligence or willful misconduct of Landlord, its partners, employees and agents. No other property or assets of Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of any judgment or writ obtained by Tenant against Landlord. No partner, employee or agent of Landlord shall be personally liable for the performance of Landlord's obligations hereunder or be named as a party in any lawsuit arising out of or related to, directly or indirectly, this Lease and the obligations of Landlord hereunder. The obligations under this Lease do not constitute personal obligations of the individual partners of Landlord and Tenant shall not seek recourse against the individual partners of Landlord or their assets. In no event shall Landlord be liable to Tenant for consequential or punitive damages. 19. Indemnity. Subject to all applicable laws, Tenant hereby agrees to indemnify, defend and hold harmless Landlord and its employees, partners, agents, contractors, lenders and ground lessors (said persons and entities are hereinafter collectively referred to as the "Indemnified Parties") from and against any and all liability, loss, cost, damage, claims, loss of rents, liens,judgments, penalties, fines, settlement costs, investigation costs, cost of consultants and experts, attorneys fees, court costs and other legal expenses, effects of environmental contamination, cost of environmental testing, removal, remediation and/or abatement of Hazardous Materials (as said term are defined below), insurance policy deductibles and other expenses (hereinafter collectively referred to as "Damages") arising out of or related to an Indemnified Matter (as defined below). For purposes of this Section, an "Indemnified Matter" shall mean any matter for which one or more of the Indemnified Parties incurs liability or Damages if the liability or Damages arise out of or involve, directly or indirectly, (a) Tenant's or its employees', agents', contractors' or invitees' (all of said persons or entities are hereinafter collectively referred to as "Tenant Parties") use or occupancy of the Premises or the Project, (b) any act, omission or neglect of a Tenant Party, (c) Tenant's failure to perform any of its obligations under the Lease, (d) the existence, use or disposal of any Hazardous Material brought on to the project by a Tenant Party or (e) any other matters for which Tenant has agreed to indemnify Landlord pursuant to any other provision of this Lease. This indemnity is intended to apply to the fullest extent permitted by applicable law. Tenant's obligations under this Section shall survive the expiration or termination of this Lease unless specifically waived in writing by Landlord after said expiration or termination. 20. Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for loss of or damage to Tenant's Property, Tenant's employees, agents, contractors or invitees, or any other person in or about the Project, nor shall Landlord be t00225102.1 306-9905263} 16 MIA 186217473v2 Page 688 of 736 liable for injury to the person of Tenant, Tenant's employees, agents, contractors or invitees, whether such damage or injury is caused by or results from any cause whatsoever including, but not limited to, theft, criminal activity at the Project, negligent security measures, bombings or bomb scares, Hazardous Materials, fire, steam, electricity, gas, water or rain, flooding, breakage of pipes, sprinklers, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising upon the Premises or upon other portions of the Project, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Project, unless the cause of the damage or injury arises out of Landlord's or its employees', agents' or contractors' grossly negligent or intentional acts. Landlord shall not be liable for any damages arising from any act or neglect of any employees, agents, contractors or invitees of any other tenant, occupant or user of the Project, nor from the failure of Landlord to enforce the provisions of the lease of any other tenant of the Project. Tenant, as a material part of the consideration to Landlord hereunder, hereby assumes all risk of damage to Tenant's Property or business or injury to persons in, upon or about the Project arising from any cause, excluding Landlord's gross negligence or the gross negligence of its employees, agents or contractors, and Tenant hereby waives all claims in respect thereof against Landlord, its employees, agents and contractors. 21. Hazardous Material. 21.1 Indemnity, Duty to Inform Landlord. Tenant shall not cause or permit any Hazardous Material (as defined hereinafter) to be brought, kept or used in or about the Premises or the Project by Tenant, its agents, employees, contractors, or invitees. Tenant hereby agrees to indemnify Landlord from and against any breach by Tenant of the obligations stated in the preceding sentence, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Project, damages for the loss or restriction or use of rentable space or of any amenity of the Project, damages arising from any adverse impact on marketing of space in the Project, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term of this Lease as result of such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions and any cleanup, remedial removal, or restoration work required due to the presence of Hazardous Material. If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance, or a condition involving or resulting from same, has come to be located in, on or under or about the Premises or the Project, Tenant shall immediately give written notice of such fact to Landlord. Tenant shall also immediately give Landlord (without demand by Landlord) a copy of any statement, report, notice, registration, application, permit, license, given to or received from, any governmental authority or private party, or persons entering or occupying the Premises, concerning the presence, spill, release, discharge of or exposure to, any Hazardous Substance or contamination in, on or about the Premises or the Project. The provisions of this Section 21 shall survive the termination of the Lease. 21.2 Definition and Consent. The term "Hazardous Substance" as used in this Lease shall mean any hazardous substance, hazardous waste, infectious waste, or toxic substance, product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or affect, either t00225102.1 306-9905263} 17 MIA 186217473v2 Page 689 of 736 by itself or in combination with other materials expected to be on the Premises, is either: (a) potentially injurious to the public health, safety or welfare, the environment or the Premises, (b) regulated or monitored by any governmental entity, (c) a basis for liability of Landlord to any governmental entity or third party under any federal, state or local statute or common law theory or (d) defined as a hazardous material or substance by any federal, state or local law or regulation. Except for small quantities of ordinary office supplies such as copier toner, liquid paper, glue, ink and common household cleaning materials, Tenant shall not cause or permit any Hazardous Substance to be brought, kept, or used in or about the Premises or the Project by Tenant, its agents, employees, contractors or invitees. 21.3 Inspection, Compliance. Landlord and Landlord's employees, agent, contractors and lenders shall have the right to enter the Premises at any time in the case of an emergency, and otherwise at reasonable times, for the purpose of inspecting the condition of the Premises and for verifying compliance by Tenant with this Section 21. Landlord shall have the right to employ experts and/or consultants in connection with its examination of the Premises and with respect to the installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. The costs and expenses of any such inspections shall be paid by the party requesting same, unless a contamination, caused or materially contributed to by Tenant, is found to exist or be imminent, or unless the inspection is requested or ordered by governmental authority as the result of any such existing or imminent violation or contamination. In any such case, Tenant shall upon request reimburse Landlord for the cost and expenses of such inspection. 22. Force Majeure. Landlord will not be deemed in default or have liability to Tenant, nor will Tenant have any right to terminate this Lease or abate rent or assert a claim of partial or constructive eviction, because of Landlord's failure to perform any of its obligations under this Lease if the failure is due in part or in full to reasons beyond Landlord's reasonable control. Such reasons will include but not be limited to: fire, earthquake, weather delays or other acts of God, strikes, boycotts, war, terrorism, bio-terrorism, riot, insurrection, embargoes, shortages of equipment, labor or materials, utility failure or defect, delays in issuance of any necessary governmental permit or approval (including building permits and certificates of occupancy), any governmental preemption in connection with a national emergency or any other cause, whether similar or dissimilar, which is beyond the reasonable control of Landlord (each, hereinafter, a "Force Majeure Event"). If this Lease specifies a time period for performance of an obligation by Landlord, that time period will be extended by the period of any delay in Landlord's performance caused by the Force Majeure Event.Landlord's Rights. 23.1 Landlord Reservations. Landlord shall have the right: (a) to change the name and address of the Project or Building upon not less than ninety (90) days prior written notice; (b) to provide and install Building standard graphics on or near the door of the Premises and such portions of the Common Areas as Landlord shall determine, in Landlord's sole discretion; (c) to permit any tenant the exclusive right to conduct any business as long as such exclusive right does not conflict with any rights expressly given herein; and (d) to place signs, notices or displays upon the roof, interior, exterior or Common Areas of the Project. Tenant shall not permit anyone, except in an emergency, to go upon the roof of the Building. Landlord reserves the right to use the exterior walls of the Premises, and the area beneath, adjacent to and above the Premises, together with the right toinstall, use, maintain and replace equipment, t00225102.1 306-9905263} 18 MIA 186217473v2 Page 690 of 736 machinery, pipes, conduits and wiring through the Premises, which serve other parts of the Project, provided that Landlord's use does not unreasonably interfere with Tenant's use of the Premises. Landlord reserves to itself the right, from time to time, to grant such easements, rights and dedications that Landlord deems necessary or desirable, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps and restrictions do not unreasonably interfere with the use of the Premises by Tenant. Tenant shall sign any of the aforementioned documents within ten (10) days after Landlord's request and Tenant's failure to do so shall constitute a default by Tenant. The obstruction of Tenant's view, air, or light by any structure erected in the vicinity of the Project, whether by Landlord or third parties, shall in no way affect this Lease or impose any liability upon Landlord. 23.2 Changes to Project. Landlord shall have the right, in Landlord's sole discretion, from time to time, to make changes to the size, shape, location, number and extent of the improvements comprising the Project (hereinafter referred to as "Changes") including, but not limited to, the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas. In connection with the Changes, Landlord may, among other things, erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Changes and Landlord's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Changes, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord's actions in connection with such Changes. 23.3 Landlord's Access. Landlord and Landlord's agents, contractors and employees shall have the right to enter the Premises at reasonable times for the purpose of inspecting the Premises, performing any services required of Landlord, showing the Premises to prospective purchasers, lenders, or tenants, undertaking safety measures and making alterations, repairs, improvements or additions to the Premises or to the Project. In the event of an emergency, Landlord may gain access to the Premises by any reasonable means, and Landlord shall not be liable to Tenant for damage to the Premises or to Tenant's Property resulting from such access. Landlord shall have the right to retain keys to the locks on the entry doors to the Premises and all interior doors at the Premises. At Landlord's option, Landlord may require Tenant to obtain all keys to door locks at the Premises from Landlord's engineering staff or Landlord's locksmith and to only use Landlord's engineering staff or Landlord's locksmith to change locks at the Premises. Tenant shall pay Landlord's or its locksmith's standard charge for all keys and other services obtained from Landlord's engineering staff or locksmith. 24. Parking. Landlord shall provide unreserved parking spaces equaling 4 spaces per 1,000 rentable square foot ("RSF") of the Premises in the surface parking lot surrounding the Building for the t00225102.1 306-9905263} 19 MIA 186217473v2 Page 691 of 736 exclusive use of the Tenant and its visitors at no charge throughout the Initial Lease Term and renewals or extensions. Within the 4 spaces per 1,000 RSF parking, Landlord will provide Tenant with a mutually agreed upon amount of reserved parking (not to exceed ten (10)reserved parking spaces) in a mutually agreed upon location parking for the general public. All parking will comply with the terms and conditions of this Lease and the parking rules and regulations included in Exhibit "B". Unless otherwise stated, Tenant, its employees, agents, contractors, suppliers, invitees and licensees will have a non-exclusive privilege, in conjunction with Landlord, other lessees of the Project, and such other persons as Landlord may designate, to use those parking spaces designated by Landlord for public parking. Vehicles parked in public parking areas will be no larger than full-sized passenger automobiles or standard pick-up trucks or SUVs. Larger vehicles, if permitted in writing by Landlord, will be parked, loaded and unloaded in locations designated by Landlord. Landlord reserves the right, without notice to Tenant, to tow away at Tenant's sole cost and expense any vehicles parked in any parking area for any continuous period of twenty-four (24) hours or more, or earlier if Landlord, in its sole discretion, determines such parking to be a hazard or inconvenience to other lessees or Landlord or violates any rules or regulations or posted notices related to parking. Landlord shall not be responsible for enforcing Tenant's parking rights against third parties. From time to time, Landlord reserves the right, upon written notice to Tenant, to change the location, the availability and nature of parking spaces, establish reasonable time limits on parking, and, on an equitable basis, assign specific spaces with or without charge to Tenant as additional rent. The parking privileges granted to Tenant are personal to Tenant; Tenant shall not transfer, assign or otherwise convey these parking privileges separate and apart from this Lease. 25. Holding Over. If Tenant remains in possession of the Premises or any part thereof after the expiration or earlier termination of the term hereof with Landlord's consent, such occupancy shall be a tenancy from month to month upon all the terms and conditions of this Lease pertaining to the obligations of Tenant, except that the Base Rent payable shall be two hundred percent (200%) of the Base Rent payable immediately preceding the termination date of this Lease, and all options granted to Tenant hereunder, if any, shall be deemed terminated and be of no further effect. If Tenant remains in possession of the Premises or any part thereof after the expiration of the Term hereof without Landlord's consent, Tenant shall, at Landlord's option, be treated as a tenant at sufferance or a trespasser. Nothing contained herein shall be construed to constitute Landlord's consent to Tenant holding over at the expiration or earlier termination of the Term of the Lease. Tenant hereby agrees to indemnify, hold harmless and defend Landlord from any cost, loss, claim or liability (including attorneys' fees) Landlord may incur as a result of Tenant's failure to surrender possession of the Premises to Landlord upon the termination of this Lease. 26. Perimeter Access Control. Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to provide guard service or other security measures for the benefit of the Premises or the Project, and Landlord shall have no liability to Tenant due to its failure to provide such services. Tenant assumes all responsibility for the protection of Tenant, its agents, employees, contractors and t00225102.1 306-9905263} 20 MIA 186217473v2 Page 692 of 736 invitees and the property of Tenant and of Tenant's agents, employees, contractors and invitees from acts of third parties. Nothing herein contained shall prevent Landlord, at Landlord's sole option, from implementing security measures for the Project or any part thereof, in which event Tenant shall participate in such security measures and the cost thereof shall be included within the definition of Operating Expenses, and Landlord shall have no liability to Tenant and its agents, employees, contractors and invitees arising out of Landlord's negligent provision of security measures. Landlord shall have the right, but not the obligation, to require all persons entering or leaving the Project to identify themselves to a security guard and to reasonably establish that such person should be permitted access to the Project. 27. Stens. Subject to all applicable governmental laws and approvals, Tenant shall have the right to place a sign with Tenant's name and logo on the building, subject to Landlord's reasonable approval Landlord shall have the right to place any sign it deems appropriate on any portion of the Project except the interior of the Premises. All signage installed by Tenant shall be maintained by Tenant, at Tenant's sole expense. Landlord further agrees to place Tenant's name in the Building's lobby directory board. 28. Notices. All notices required or permitted by this Lease shall be in writing and shall be delivered (a) by hand, (b) by U.S. Postal Service certified mail, return receipt requested, or (c) by U.S. Postal Service Express Mail, Federal Express or other overnight courier and shall be deemed sufficiently given if served in a manner specified in this Section. Any notice hereunder shall be deemed personally delivered to Tenant on the date the notice is personally delivered to any employee of Tenant at the Premises. The addresses set forth in Section 1.16 of this Lease shall be the address of each party for notice purposes. Landlord or Tenant may by written notice to the other specify a different address or addresses for notices purposes, except that upon Tenant's taking possession of the Premises, the Premises shall constitute Tenant's address for the purpose of mailing or delivering notices to Tenant. Any notice sent by certified mail, return receipt requested, shall be deemed given three (3) days after deposited with the U.S. Postal Service. Notices delivered by U.S. Express Mail, Federal Express or other courier shall be deemed given on the date delivered by the carrier to the appropriate party's address for notice purposes. If notice is received on Saturday, Sunday or a legal holiday, it shall be deemed received on the next business day. Nothing contained herein shall be construed to limit Landlord's right to serve any notice to pay rent or quit or similar notice by any method permitted by applicable law, and any such notice shall be effective if served in accordance with any method permitted by applicable law whether or not the requirements of this Section have been met. Tenant hereby elects domicile at the Premises for the purpose of service of all notices, writs of summons or other legal documents or process in any suit, action or proceeding which Landlord or any mortgagee may undertake under this Lease. Notice from Landlord may be given to Tenant by Landlord or Landlord's agent or attorney. 29. Miscellaneous. t00225102.1 306-9905263} 21 MIA 186217473v2 Page 693 of 736 29.1 Severability. The invalidity of any provision of this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. 29.2 Time of Essence. Time is of the essence with respect to each of the obligations to be performed by Tenant and Landlord under this Lease. 29.3 Incorporation of Prior Agreements. This Lease and the attachments listed in Section 1.15 contain all agreements of the parties with respect to the lease of the Premises and any other matter mentioned herein. No prior or contemporaneous agreement or understanding pertaining to any such matter shall be effective. Except as otherwise stated in this Lease, Tenant hereby acknowledges that no real estate broker nor Landlord or any employee or agents of any of said persons has made any oral or written warranties or representations to Tenant concerning the condition or use by Tenant of the Premises or the Project or concerning any other matter addressed by this Lease. 29.4 Waivers. No waiver by Landlord or Tenant of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Landlord or Tenant of the same or any other provision. Landlord's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Landlord's consent to or approval of any subsequent act by Tenant. The acceptance of rent hereunder by Landlord shall not be a waiver of any preceding breach by Tenant of any provision hereof, other than the failure of Tenant to pay the particular rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. No acceptance by Landlord of partial payment of any sum due from Tenant shall be deemed a waiver by Landlord of its right to receive the full amount due, nor shall any endorsement or statement on any check or accompanying letter from Tenant be deemed an accord and satisfaction. Tenant hereby waives for Tenant and all those claiming under Tenant all rights now or hereafter existing to redeem by order or judgment of any court or by legal process or writ, Tenant's right of occupancy of the Premises after any termination of this Lease. This Lease shall be construed as though the covenants contained herein are independent and not dependent and Tenant hereby waives the benefit of any statute to the contrary. All provisions of this Lease to be observed or performed by Tenant are both covenants and conditions. 29.5 Amendments. This Lease may be modified in writing only, signed by the parties in interest at the time of the modification. 29.6 Binding Effect; Choice of Law; Conflict. Subject to any provision hereof restricting assignment or subletting by Tenant, this Lease shall bind the parties, their heirs, personal representatives, successors and assigns. This Lease shall be governed by the laws of the state in which the Project is located and any litigation concerning this Lease between the parties hereto shall be initiated in the county in which the Project is located. Except as otherwise provided herein to the contrary, any conflict between the printed provisions, exhibits, addenda or riders of this Lease and the typewritten or handwritten provisions, if any, shall be controlled by the typewritten or handwritten provisions. 29.7 Attorneys' Fees. If Landlord or Tenant brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action, or appeal thereon, t00225102.1 306-9905263} 22 MIA 186217473v2 Page 694 of 736 shall be entitled to its reasonable attorneys' fees and court costs to be paid by the losing party as fixed by the court in the same or separate suit, and whether or not such action is pursued to decision or judgment. The attorneys' fee award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees and court costs reasonably incurred in good faith. Landlord shall be entitled to reasonable attorneys' fees and all other costs and expenses incurred in the preparation and service of notices of default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such default. Landlord and Tenant agree that attorneys' fees incurred with respect to defaults and bankruptcy are actual pecuniary losses within the meaning of Section 365(b)(1)(B) of the Bankruptcy Code or any successor statute. 29.8 Merger, Relationship of Parties. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, or a termination by Landlord, shall not result in the merger of Landlord's and Tenant's estates, and shall, at the option of Landlord, terminate all or any existing subtenancies or may, at the option of Landlord, operate as an assignment to Landlord of any or all of such subtenancies. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent, partnership,joint venturer or any association between Landlord and Tenant. 29.9 Quiet Possession. Subject to the other terms and conditions of this Lease, and the rights of any lender, and provided Tenant is not in default hereunder, Tenant shall have quiet possession of the Premises for the entire Term hereof, subject to all of the provisions of this Lease. 29.10 Authority, Multiple Parties. If Tenant is a corporation, trust, general or limited partnership, or other entity, Tenant, and each individual executing this Lease on behalf of such entity, represents and warrants that such individual is duly authorized to execute and deliver this Lease on behalf of said entity, that said entity is duly authorized to enter into this Lease, and that this Lease is enforceable against said entity in accordance with its terms. If Tenant is a corporation, trust or partnership, Tenant shall deliver to Landlord upon demand evidence of such authority satisfactory to Landlord. If more than one person or entity is named as Tenant herein, the obligations of Tenant shall be the joint and several responsibility of all persons or entities named herein as Tenant. Service of a notice in accordance with Section 29 on one Tenant shall be deemed service of notice on all Tenants. 29.11 Interpretation. This Lease shall be interpreted as if it was prepared by both parties and ambiguities shall not be resolved in favor of Tenant because all or a portion of this Lease was prepared by Landlord. The captions contained in this Lease are for convenience only and shall not be deemed to limit or alter the meaning of this Lease. As used in this Lease the words tenant and landlord include the plural as well as the singular. Words used in the neuter gender include the masculine and feminine gender. The deletion of any printed, typed or other portion of this Lease shall not evidence the parties' intention to contradict such deleted portion. Such deleted portion shall be deemed not to have been inserted in this Lease. 29.12 Prohibition Against Recording. Neither this Lease, nor any memorandum, affidavit or other writing with respect thereto, shall be recorded by Tenant or by anyone acting through, under or on behalf of Tenant. t00225102.1 306-9905263} 23 MIA 186217473v2 Page 695 of 736 29.13 Rules and Regulations. Tenant agrees to abide by and conform to the Rules and to cause its employees, suppliers, customers and invitees to so abide and conform. Landlord shall have the right, from time to time, to modify, amend and enforce the Rules. Landlord shall not be responsible to Tenant for the failure of other persons including, but not limited to, other tenants, their agents, employees and invitees to comply with the Rules. 30. OFAC Certification. 30.1 Tenant certifies that: (i) it is not acting, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person," or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule, or regulation that is enforced or administered by the Office of Foreign Assets Control; and (ii) it is not engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity, or nation. 30.2 Tenant hereby agrees to defend, indemnify, and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities, and expenses (including attorney's fees and costs) arising from or related to any breach of the foregoing certification. 31. RADON DISCLOSURE. Tenant is hereby advised that radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. The foregoing disclosure is provided to comply with state law and is for informational purposes only. Landlord has not conducted radon testing with respect to the Building and specifically disclaims any and all representations and warranties as to the absence of radon gas or radon producing conditions in connection with the Building and the Premises. 32. Limitation of Landlord's Liability. The term "Landlord," as used in this Lease, shall mean only the owner or owners, at the time in question, of the fee title to the Building. In the event of any transfer of such title or interest, Landlord as named in this Lease (and in the case of any subsequent transfers, then the grantor) shall be relieved from and after the date of such transfer of all liability in respect of Landlord's obligations thereafter to be performed, provided that any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has an interest, shall be delivered to the grantee. The obligations contained in this Lease to be performed by Landlord shall, subject to the above, be binding on Landlord's successors and assigns, only during their respective periods of ownership. The obligations of Landlord under this Lease do not constitute personal obligations of Landlord or the individual partners, members, shareholders, directors, officers, and property managers, and Tenant shall look solely to Landlord's then existing interest in the Building, and to no other assets of Landlord, for satisfaction of any liability in respect of this Lease, and will not seek recourse against the individual partners, members, shareholders, directors, officers, property managers, or any of their t00225102.1 306-9905263} 24 MIA 186217473v2 Page 696 of 736 personal assets for such satisfaction. No other properties or assets of Landlord shall be subject to levy, execution, or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Premises. 33. OPTIONS. Provided the Lease is in good standing and no event of default by Tenant exists hereunder and no event has occurred that with the passage of time and/or the giving of notice would result in an event of default by Tenant hereunder, Landlord hereby gives and grants to Tenant the right, privilege and option of extending this Lease for two (2) six-month peirods. The first extended term shall commence from the date of the expiration of the initial Lease Term. In order to exercise the first six-month option herein granted, Tenant must give Landlord written notice of Tenant's intention to exercise the option to extend not less than twelve (12) months prior to the expiration of the initial lease term, and in order to exercise the second six-month option herein granted, Tenant must give Landlord written notice of Tenant's intention to exercise the option to extend not less than three (3) months prior to the expiration of the first option term. Failure to give any such notice shall be deemed a waiver of Tenant's right to exercise this option and shall conclusively make the remaining option(s) to extend, if any, null and void. All of the terms, covenants and conditions of this Lease shall apply during the Initial Lease Term and the extended term(s), and the Rent during the Initial Lease Term and extended term(s) shall continue to be adjusted on the "Rent Adjustment Dates" as provided for in this Lease. All renewals and extensions under this Lease shall be deemed to be included in the definition of Lease Term as set forth herein. 34. LANDLORD'S WORK. Landlord shall show evidence of roof repairs that are reasonably satisfactory to Tenant. Furthermore the HVAC systems shall be delivered to Tenant in good working condition. 35. TENANT IMPROVEMENT ALLOWANCE. Landlord shall reimburse Tenant up to Sixty Four Thousand and no/100 dollars ($46,000.00) for expenses associated with improvements installed in the Premises ("TI Allowance"). The foregoing "improvements" shall refer only to materials and labor directly necessary and so secured in the actual prosecution and installation of permanent betterments and improvements in the Premises; and thus shall exclude among other things and without limitation, all other items of property, fees, costs or expenses; and among other things under no circumstances shall this allowance be available to reimburse costs, expenses, or fees of inventory or any other movable personalty or trade fixtures, nor professional fees, governmental fees, fines or taxes. Landlord shall pay this sum within thirty (30) days following: payment of a full month of Rent excluding any prepaid amounts and Tenant's submittal to Landlord of. (i) paid invoices and cancelled checks for up to Sixty Four Thousand and no/100 dollars ($46,000.00) of improvements to the Premises; (ii) a certificate of occupancy; (iii) final releases of lien from all contractors, subcontractors and suppliers providing materials or services in the Premises; (iv) a contractor's final affidavit from Tenant's general contractor; (v) proof that all permits have been closed out and (vi) opens for business, fully fixtured, stocked and staffed and completion of a lien search which shall be performed by Landlord at Tenant's sole cost and expense. Provided, however Tenant shall submit its request and all documentation required within three (3) months after Tenant opens for business. Should Tenant fail to submit its request and the documentation in the time and manner provided herein, t00225102.1 306-9905263} 25 MIA 186217473v2 Page 697 of 736 Landlord shall not be obligated to reimburse Tenant for the TI Allowance. Should Tenant be in default of the terms and conditions of the Lease, Tenant agrees that the TI shall be immediately repaid to Landlord and shall be considered as additional rent. Landlord agrees to directly pay for Tenant's architect to prepare a test fit or review of the Premises, with any such cost and expense made by Landlord for the foregoing purpose deducted from the TI Allowance. 36. WAIVER OF JURY TRIAL. LANDLORD AND TENANT HEREBY WAIVE THEIR RESPECTIVE RIGHT TO TRIAL BY JURY OF ANY CAUSE OF ACTION, CLAIM, COUNTERCLAIM OR CROSS-COMPLAINT IN ANY ACTION, PROCEEDING AND/OR HEARING BROUGHT BY EITHER LANDLORD AGAINST TENANT OR TENANT AGAINST LANDLORD ON ANY MATTER WHATSOEVER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S USE OR OCCUPANCY OF THE PREMISES, OR ANY CLAIM OF INJURY OR DAMAGE, OR THE ENFORCEMENT OF ANY REMEDY UNDER ANY LAW, STATUTE, OR REGULATION, EMERGENCY OR OTHERWISE, NOW OR HEREAFTER IN EFFECT. TENANT ACKNOWLEDGES THAT IT HAS BEEN GIVEN THE OPPORTUNITY TO HAVE THIS LEASE REVIEWED BY ITS LEGAL COUNSEL PRIOR TO ITS EXECUTION. THIS LEASE SHALL BECOME BINDING UPON LANDLORD AND TENANT ONLY WHEN FULLY EXECUTED BY BOTH PARTIES AND WHEN LANDLORD HAS DELIVERED A FULLY EXECUTED ORIGINAL OF THIS LEASE TO TENANT. WITNESSES: LANDLORD: FH QUANTUM, LLC, Print Name: a Florida limited liability company Print Name: By: Name: Title: CITY OF BOYNTON BEACH By: Name: Print Name: Title: Print Name: t00225102.1 306-9905263} 26 MIA 186217473v2 Page 698 of 736 {00225102.1 306-9905263} 27 MIA 186217473v2 Page 699 of 736 EXHIBIT A Premises Floor Plan {00225102.1 306-9905263} A-1 MIA 186217473v2 Page 700 of 736 EXHIBIT B Rules and Regulations GENERAL RULES Tenant shall faithfully observe and comply with the following Rules and Regulations. 1. Tenant shall not alter any locks or install any new or additional locks or bolts on any doors or windows of the Premises without obtaining Landlord's prior written consent. Tenant shall bear the cost of any lock changes or repairs required by Tenant. Keys required by Tenant must be obtained from Landlord at a reasonable cost to be established by Landlord. 2. All doors opening to public corridors shall be kept closed at all times except for normal ingress and egress to the Premises. Tenant shall assume any and all responsibility for protecting the Premises from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed. 3. Landlord reserves the right to close and keep locked all entrance and exit doors of the Project except during the Project's normal hours of business as defined in Section 11.2 of the Lease. Tenant, its employees and agents must be sure that the doors to the Project are securely closed and locked when leaving the Premises if it is after the normal hours of business of the Project. Tenant, its employees, agents or any other persons entering or leaving the Project at any time when it is so locked, or any time when it is considered to be after normal business hours for the Project, may be required to sign the Project register. Access to the Project may be refused unless the person seeking access has proper identification or has a previously received authorization for access to the Project. Landlord and its agents shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Project of any person. In case of invasion, mob, riot, public excitement, or other commotion, Landlord reserves the right to prevent access to the Project during the continuance thereof by any means it deems appropriate for the safety and protection of life and property. 4. No furniture, freight or equipment of any kind shall be brought into the Project without Landlord's prior authorization. All moving activity into or out of the Project shall be scheduled with Landlord and done only at such time and in such manner as Landlord designates. Landlord shall have the right to prescribe the weight, size and position of all safes and other heavy property brought into the Project and also the times and manner of moving the same in and out of the Project. Safes and other heavy objects shall, if considered necessary by Landlord, stand on supports of such thickness as is necessary to properly distribute the weight, and Tenant shall be solely responsible for the cost of installing all supports. Landlord will not be responsible for loss of or damage to any such safe or property in any case. Any damage to any part of the Project, its contents, occupants or visitors by moving or maintaining any such safe or other property shall be the sole responsibility and expense of Tenant. 5. The requirements of Tenant will be attended to only upon application at the management office for the Project or at such office location designated by Landlord. Tenant shall not ask employees of Landlord to do anything outside their regular duties without special authorization from Landlord. t00225102.1 306-9905263} C-I MIA 186217473v2 Page 701 of 736 6. Tenant shall not disturb, solicit, or canvass any occupant of the Project and shall cooperate with Landlord and its agents to prevent the same. Tenant, its employees and agents shall not loiter in or on the entrances, corridors, sidewalks, lobbies, halls, stairways, elevators, or any Common Areas for the purpose of smoking tobacco products or for any other purpose, nor in any way obstruct such areas, and shall use them only as a means of ingress and egress for the Premises. Smoking shall not be permitted in the Common Areas. 7. The toilet rooms, urinals and wash bowls shall not be used for any purpose other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the tenant who, or whose employees or agents, shall have caused it. 8. Except for vending machines intended for the sole use of Tenant's employees and invitees, no vending machine or machines other than fractional horsepower office machines shall be installed, maintained or operated upon the Premises without the written consent of Landlord. 9. Tenant shall not use or keep in or on the Premises or the Project any kerosene, gasoline or other inflammable or combustible fluid or material. Tenant shall not bring into or keep within the Premises or the Project any animals, birds, bicycles or other vehicles. 10. Tenant shall not use, keep or permit to be used or kept, any foul or noxious gas or substance in or on the Premises, or permit or allow the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of noise, odors, or vibrations, or to otherwise interfere in any way with the use of the Project by other tenants. 11. No cooking shall be done or permitted on the Premises, nor shall the Premises be used for the storage of merchandise, for loading or for any improper, objectionable or immoral purposes. Notwithstanding the foregoing, Tenant's approved equipment and microwave ovens may be used in the Premises for heating food and brewing coffee, tea, hot chocolate and similar beverages for employees and visitors of Tenant, provided that such use is in accordance with all applicable federal, state and city laws, codes, ordinances, rules and regulations; and provided further that such cooking does not result in odors escaping from the Premises. 12. Landlord shall have the right to approve where and how telephone wires are to be introduced to the Premises. No boring or cutting for wires shall be allowed without the consent of Landlord. The location of telephone call boxes and other office equipment affixed to the Premises shall be subject to the approval of Landlord. Tenant shall not mark, drive nails or screws, or drill into the partitions, woodwork or plaster contained in the Premises or in any way deface the Premises or any part thereof without Landlord's prior written consent. Tenant shall not install any radio or television antenna, satellite dish, loudspeaker or other device on the roof or exterior walls of the Project. Tenant shall not interfere with broadcasting or reception from or in the Project or elsewhere. 13. Landlord reserves the right to exclude or expel from the Project any person who, in the judgment of Landlord, is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in violation of any of these Rules and Regulations. t00225102.1 306-9905263} C-2 MIA 186217473v2 Page 702 of 736 14. Tenant shall not waste electricity, water or air conditioning and agrees to cooperate fully with Landlord to ensure the most effective operation of the Project's heating and air conditioning system, and shall refrain from attempting to adjust any controls. Tenant shall not without the prior written consent of Landlord use any method of heating or air conditioning other than that supplied by Landlord. 15. Tenant shall store all its trash and garbage within the interior of the Premises. No material shall be placed in the trash boxes or receptacles if such material is of such nature that it may not be disposed of in the ordinary and customary manner of removing and disposing of trash in the vicinity of the Project without violation of any law or ordinance governing such disposal. All trash, garbage and refuse disposal shall be made only through entry-ways and elevators provided for such purposes at such times as Landlord shall designate. 16. Tenant shall comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any governmental agency. 17. No awnings or other projection shall be attached to the outside walls or windows of the Project by Tenant. No curtains, blinds, shades or screens shall be attached to or hung in any window or door of the Premises without the prior written consent of Landlord. All electrical ceiling fixtures hung in the Premises must be fluorescent and/or of a quality, type, design and bulb color approved by Landlord. Tenant shall abide by Landlord's regulations concerning the opening and closing of window coverings which are attached to the windows in the Premises. The skylights, windows, and doors that reflect or admit light and air into the halls, passageways or other public places in the Project shall not be covered or obstructed by Tenant, nor shall any bottles, parcels or other articles be placed on the windowsills. 18. Tenant shall not employ any person or persons other than the janitor of Landlord for the purpose of cleaning the Premises unless otherwise agreed to in writing by Landlord. Except with the prior written consent of Landlord, no person or persons other than those approved by Landlord shall be permitted to enter the Project for the purpose of cleaning same. Landlord shall in no way be responsible to Tenant for any loss of property on the Premises, however occurring, or for any damage done to the effects of Tenant or any of its employees or other persons by the janitor of Landlord. Janitor service shall include ordinary dusting and cleaning by the janitor assigned to such work and shall not include cleaning of carpets or rugs, except normal vacuuming, or moving of furniture and other special services. Window cleaning shall be done only by Landlord at reasonable intervals and as Landlord deems necessary. PARKING RULES 1. Landlord shall permit Tenant to keep such vehicles overnight as Tenant deems necessary i.e. code enforcement vehicles and other city owned vehicles and trucks. 2. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, or invitees to be loaded, unloaded, or parked in areas other than those designated by Landlord for such activities. Users of the parking area will obey all posted signs and park only in the areas designated for vehicle parking. t00225102.1 306-9905263} C-3 MIA 186217473v2 Page 703 of 736 3. Parking stickers or identification devices shall be the property of Landlord and shall be returned to Landlord by the holder thereof upon termination of the holder's parking privileges. Tenant will pay such replacement charges as is reasonably established by Landlord for the loss of such devices. Loss or theft of parking identification stickers or devices from automobiles must be reported to the parking operator immediately. Any parking identification stickers or devices reported lost or stolen found on any unauthorized car will be confiscated and the illegal holder will be subject to prosecution. 4. Landlord reserves the right to relocate all or a part of parking spaces from floor to floor, within one floor, and/or to reasonably adjacent off site locations(s), and to allocate them between compact and standard size and tandem spaces, as long as the same complies with applicable laws, ordinances and regulations. 5. Unless otherwise instructed, every person using the parking area is required to park and lock his own vehicle. Landlord will not be responsible for any damage to vehicles, injury to persons or loss of property, all of which risks are assumed by the party using the parking area. 6. Validation of visitor parking, if established, will be permissible only by such method or methods as Landlord may establish at rates determined by Landlord, in Landlord's sole discretion. 7. The maintenance, washing, waxing or cleaning of vehicles in the parking structure or Common Areas is prohibited. 8. Tenant shall be responsible for seeing that all of its employees, agents and invitees comply with the applicable parking rules, regulations, laws and agreements. Garage managers or attendants are not authorized to make or allow any exceptions to these Parking Rules and Regulations. Landlord reserves the right to terminate parking rights for any person or entity that willfully refuses to comply with these rules and regulations. 9. Every driver is required to park his own car. Where there are tandem spaces, the first car shall pull all the way to the front of the space leaving room for a second car to park behind the first car. The driver parking behind the first car must leave his key with the parking attendant. Failure to do so shall subject the driver of the second car to a Fifty Dollar ($50.00) fine. Refusal of the driver to leave his key when parking in a tandem space shall be cause for termination of the right to park in the parking facilities. The parking operator, or his employees or agents, shall be authorized to move cars that are parked in tandem should it be necessary for the operation of the garage. Tenant agrees that all responsibility for damage to cars or the theft of or from cars is assumed by the driver, and further agrees that Tenant will hold Landlord harmless for any such damages or theft. Landlord reserves the right at any time to change or rescind any one or more of these Rules and Regulations, or to make such other and further reasonable Rules and Regulations as in Landlord's judgment may from time to time be necessary for the management, safety, care and cleanliness of the Project, and for the preservation of good order therein, as well as for the convenience of other occupants and tenants therein. Landlord may waive any one or more of these Rules and Regulations for the benefit of any particular tenant, but no such waiver by t00225102.1 306-9905263} C-4 MIA 186217473v2 Page 704 of 736 Landlord shall be construed as a waiver of such Rules and Regulations in favor of any other tenant, nor prevent Landlord from thereafter enforcing any such Rules or Regulations against any or all tenants of the Project. Tenant shall be deemed to have read these Rules and Regulations and to have agreed to abide by them as a condition of its occupancy of the Premises. {00225102.1 306-9905263} C-5 MIA 186217473v2 Page 705 of 736 SUBLEASE This Sublease ("Sublease" or"Lease")is made as of the day of May, 2018, by and between World Wide Tickets and Labels, Inc. , a Florida corporation (hereinafter referred to as "Sublandlord") and City of Boynton Beach, Florida, a municipality of the State of Florida (hereinafter referred to as "Subtenant")with regard to the following facts. RECITALS : A. Sublandlord is the tenant under that certain Industrial Multi-Tenant Lease (the "Master Lease"), dated as of November 17, 2009, with Duke PGC at Quantum 1-9, LLC, a Delaware limited liability company, Successor-in-Interest to Premier Gateway Center at Quantum LLP, a Florida limited liability partnership (the "Landlord") (a copy of which Master Lease is attached hereto as Exhibit A and by this reference made a part hereof) concerning approximately 27,300 rentable square feet of warehouse/ office space (the "Subleased Premises" or "Premises") located in a portion of the building (the "Building") located at 3602-3606 Quantum Boulevard, Boynton Beach, FL 33426. B. Subtenant desires to sublease from Sublandlord the Premises, and Sublandlord has agreed to sublease the Premises to Subtenant upon the terms, covenants and conditions herein set forth. AGREEMENT : In consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. Sublease. Sublandlord hereby subleases and demises to Subtenant and Subtenant hereby hires and takes from Sublandlord the Subleased Premises. 2. Term. The "Term" of this Sublease shall commence on the date this Sublease is executed by the final party ("Commencement Date") and shall end, unless sooner terminated as provided in the Master Lease and First Amendment on August 31, 2020. The parties hereby agree that from and after the execution of this Lease by Subtenant and Sublandlord, Subtenant shall be permitted to access the Premises to commence Tenant Improvement consisting of but not limited to the installation of furniture, fixtures, equipment and otherwise prepare the Premises for occupancy (collectively "Early Entry Activities"), provided that (i) any such Early Entry Activities do not interfere with the existing occupant of the Premises, and (ii) any such Early Entry Activities to the Premises prior to the Commencement Date shall be, upon all of the same terms and provisions of this Sublease and Subtenant complying with all terms and provisions of this Sublease and the Master Lease, except Subtenant shall not be required to pay Base Rent or Tenant's Proportionate Share of Operating Expenses until the Commencement Date. Subtenant shall not be permitted any access to the Premises until such time as (i) Subtenant has provided Sublandlord with the insurance required t00225056.5 306-9905263} 1 34035487.5 x000d x000a 52074.0002 Page 706 of 736 by this Sublease, (ii) Subtenant has contacted the existing occupant of the Premises and Sublandlord to coordinate such entry to the Premises with such parties. 3. Rent. 3.1. Base Rent. Commencing on July 1, 2018, Subtenant shall pay Base Rent during the term of this Sublease in the amount of $24,501.75 for the months of July 2018 and August 2018 then $24,965.53 for the months of September 2018 through August 2019 then $25,453.37 for the months of September 2019 through August 2020, plus applicable sales tax, each month in advance on the first day of each month commencing on July 1, 2018 and on the first day of each month thereafter ("Base Rent"). Sublandlord shall promptly remit to the Landlord under the Master Lease the rent pursuant to the terms and conditions of the Master Lease. Furthermore, in the event that the term of this Sublease shall begin or end on a date which is not the first day of a month, Base Rent shall be prorated as of such date. 3.2. First Monthly Rent and Security Deposit. Concurrent with Subtenant's execution of this Sublease, Subtenant shall deliver to Sublandlord the first month's Rent in the amount of $24,501.75 plus sales tax ("First Month Rent") plus the amount of $24,501.75 as a security deposit("Security Deposit")to be held by Sublandlord as provided below. 3.3. Tenant's Proportionate Share of Operating Expenses. The parties recognize that the Sublandlord will not render any services in connection with this Sublease and that pursuant to the Master Lease, the Sublandlord is required to pay Tenant's Proportionate Share of Operating Expenses which is 27.17% required to be paid under the Master Lease. The parties hereby agree that in addition to the Base Rent, on the Commencement Date and on the first day of each month during the Term of this Lease (except for February, 2020 where such payment shall be prorated based on a 28 day month), the Subtenant shall pay to Sublandlord an amount equal to the Tenant's Proportionate Share of Operating Expenses required to be paid by Sublandlord under the Master Lease. To the extent of any adjustments between Landlord and the Sublandlord with respect to the payment of Tenant's Proportionate Share of Operating Expenses, the Subtenant shall be promptly responsible for any such increase or adjustment. Upon Sublandlord obtaining knowledge as to the amount of such Tenant's Proportionate Share of Operating Expenses from time to time, the Sublandlord shall notify Subtenant of such amount and Subtenant shall pay such adjusted sums within thirty (30) days of such notice and thereafter until notified of further adjustments. . In addition to such payment, the Subtenant shall be liable for paying all expenses to maintain and operate the Premises, including trash removal and utilities in connection with the Premises. To the extent permitted under the Master Lease, the Sublandlord agrees to cooperate with Subtenant to enable the Subtenant to have the right to audit the Tenant's Proportionate Share of Operating Expenses permitted under the Master Lease. 3.4. Late Charge. In addition to any other remedies available to Sublandlord hereunder, if any payment required to be made by Subtenant to Sublandlord shall become overdue, such amount shall bear interest at the rate from the date thereof to the date of payment at the rate ("Default Rate") equal to the lesser of(i) prime rate of interest as reported in the Wall Street Journal ("Prime Rate") or (ii) 12% per annum. Additionally to the extent any payment of t00225056.5 306-9905263} 2 34035487.5 x000d x000a 52074.0002 Page 707 of 736 Rent is not paid within ten (10) days of the date due, the Subtenant shall pay Sublandlord a late charge of 5% of the amount of the delinquent Rent as a late charge. 3.5. Additional Rent. The Base Rent, Tenant's Proportionate Share of Operating Expenses and any other monies owed by Subtenant to Sublandlord under this Sublease, (collectively referred to as "Additional Rent") shall be paid by Subtenant to Sublandlord as and when payable as set forth in this Sublease and to the extent not otherwise specified such Additional Rent will be paid by Subtenant to Sublandlord within ten (10) days after written demand from Sublandlord to Subtenant requesting such payment. All such Rent, together with applicable sales tax thereon, shall be payable without offset, counter-claim or defense in good U.S. funds at the address of Sublandlord as set forth in Section 8.4 of this Sublease or such other address the Sublandlord may designate upon written notice to Subtenant. 4. Use. Subtenant covenants and agrees to use the Premises for Police Department use in accordance with the provisions of the Master Lease. 5. Master Lease. Subtenant and this Sublease shall be subject in all respects to the terms of, and the rights of the "Landlord" (as defined in the Master Lease) under, the Master Lease and Subtenant shall perform all Sublandlord's obligations under the Master Lease other than with respect to the Landlord payment of Minimum Annual Rent under the Master Lease. Except as otherwise expressly provided in Section 8 hereof, the covenants, agreements, terms, provisions and conditions of the Master Lease insofar as they relate to the Subleased Premises and insofar as they are not inconsistent with the terms of this Sublease are made a part of and incorporated into this Sublease as if recited herein in full, and the rights and obligations of the Landlord and the Tenant under the Master Lease shall be deemed the rights and obligations of Sublandlord and Subtenant respectively hereunder and shall be binding upon and inure to the benefit of Sublandlord and Subtenant respectively. As between the parties hereto only, in the event of a conflict between the terms of the Master Lease and the terms of this Sublease, the terms of this Sublease shall control. 6. Landlord's Performance Under Master Lease. 6.1. Subtenant recognizes that Sublandlord is not in a position to render any of the services nor is Sublandlord required to perform any of the obligations under this Sublease. To the extent that the Subtenant is current and in good standing of its obligations under this Sublease, the Sublandlord shall pay the Minimum Annual Rent and Tenant's Proportionate Share of Operating Expenses required to be paid by the Sublandlord to the Landlord under the Master Lease ("Sublandlord Payment Obligation"). Notwithstanding the foregoing, the Sublandlord shall remain liable to the Landlord for Sublandlord's obligations as Tenant under the Master Lease. This Sublease is fully NET to Sublandlord and that the Rent payable by Subtenant to Sublandlord is net of any obligation required to be performed under the Lease, except the Sublandlord will pay the Sublandlord Payment Obligations to the Landlord, provided the Subtenant timely pays to Sublandlord the Base Rent and Tenant's Proportionate Share of Operating Expenses. Notwithstanding anything to the contrary contained in this Sublease, Subtenant agrees that performance by Sublandlord of its obligations hereunder are conditional upon due performance by the Sublandlord of its corresponding obligations under the Master Lease and Sublandlord shall not be liable to Subtenant for any default of the Landlord under the t00225056.5 306-9905263} 3 34035487.5 x000d x000a 52074.0002 Page 708 of 736 Master Lease. Subtenant shall not have any claim against Sublandlord by reason of the Landlord's failure or refusal to comply with any of the provisions of the Master Lease unless such failure or refusal is a result of Sublandlord's wrongful failure to pay the Landlord Payment Obligation. If the Landlord's failure or refusal to comply with any the Master Lease, Subtenant shall notify Sublandlord and the Sublandlord will provide written notice within two (2) business days of Sublandlord's receipt of written notice from Subtenant to the Landlord requesting that the Landlord perform its obligations under the Lease. Subtenant further covenants not to take any action or do or perform any act or fail to perform any act which would result in the failure or breach of any of the covenants, agreements, terms, provisions or conditions of the Master Lease on the part of the Sublandlord thereunder. 6.2. Whenever the consent of Landlord shall be required by, or Landlord shall fail to perform its obligations under, the Master Lease, Sublandlord agrees to use its best efforts to obtain, at Subtenant's sole cost and expense, such consent and/or performance on behalf of Subtenant. This `best efforts' standard shall not apply to Paragraph 19 below, and the consent required therein shall be a condition of this Sublease. 6.3. Sublandlord represents and warrants to Subtenant that as of the Commencement Date, Sublandlord shall be current and in good standing under the Master Lease. 6.4. Sublandlord covenants as follows: (i) not to voluntarily terminate the Master Lease, and (ii) not to modify the Master Lease so as to adversely affect Subtenant's rights hereunder. 7. Subtenant's Right to Perform Upon Defaults of Sublandlord. If Sublandlord defaults in the performance of its obligations under this Sublease to pay the Sublandlord Payment Obligation under the Master Lease which is not cured within two (2) business days after written notice from Subtenant to Sublandlord, Subtenant may, at its option, pay same to the Landlord without waiving any rights it may have hereunder, and all payments made (whether such rental payments are regular or accelerated payments) and reasonable costs and expenses incurred or paid by Subtenant in connection therewith shall become due and payable immediately. The amounts so incurred or paid by Subtenant, together with interest thereon at the Default Rate from the date incurred until paid by Sublandlord, shall be deducted and credited to Subtenant's obligations under the terms of the Sublease. Nothing contained herein shall be construed as requiring Subtenant to advance or expend monies for any purposes mentioned in this paragraph, or for any other purpose. 8. Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 8.1. Notwithstanding anything to the contrary set forth in the Master Lease, the term of this Sublease, the Rent payable by Subtenant to Sublandlord under this Sublease, and the amount of the Security Deposit required of Subtenant shall be as set forth in this Sublease. 8.2. Sublandlord and Subtenant hereby mutually: (i) represent and warrant to each other that they have only dealt with the brokers designated herein: Kirk Nelson of CBRE ("Sublandlord Broker") and Keith O'Donnell of Avison Young, Inc. ("Subtenant Broker"). The t00225056.5 306-9905263} 4 34035487.5 x000d x000a 52074.0002 Page 709 of 736 Sublandlord shall pay to the Sublandlord Broker and the Subtenant shall pay to the Subtenant Broker any commission due and owing to such brokers pursuant to a separate brokerage agreement between such party and its broker; and (ii) agree to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 8_2 shall survive the expiration or earlier termination of this Sublease. 8.3. Subtenant is a self-insured, sovereign entity of the State of Florida, and its self-insurance limitations are provided by law. Subtenant is provided with comprehensive general liability insurance through the State Risk Management Trust Fund with limits of coverage up to a maximum of $200,000 per person and $300,000 in the aggregate per occurrence, pursuant to the terms and limitations of Sections 768.28, Florida Statutes and Chapter 284, Part 11, Florida Statutes, or as amended from time to time. Worker's Compensation insurance is maintained in full compliance with Florida law. Subtenant shall provide both Sublandlord and Landlord or their respective designees, prior to, or during, the use or occupancy of the Premises, with a Certificate of Self-Insurance or Certificate of Insurance evidencing TENANT'S self-insured Risk Management Program in accordance with Section 768.28, Florida Statutes, and/or any maintained excess property insurance applicable to this Lease Agreement, Notwithstanding any other provision set forth in this lease agreement, nothing contained herein shale be construed as a waiver of the Subtenant's right to sovereign immunity under section 768.28, or other limitations imposed on the Subtenant's potential liability under state or federal law. Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord or Landlord, as applicable. In the event of a casualty or condemnation, Subtenant shall have the right to make a separate claim for damages to Subtenants personal property to the extent permitted under the Master Lease. 8.4. Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at the Subleased Premises (if to the Subtenant), or to 401 East Las Olas Blvd, Suite#800, Ft Lauderdale, FL 33301 (if to the Sublandlord). 8.5. Subtenant shall remove its personal property including but not limited to any property which is stored upon the Leased Premises and shall restore any damage to the Leased Premises or other portion of the "Park" (as defined in the Master Lease) and shall leave the Leased Premises in broom clean condition on or before the expiration of the Term. 8.6. Sublandlord shall deliver the Subleased Premises to Subtenant in its current"as is" condition. 8.7. The Subtenant shall not make any alteration to the Lease Premises without the prior written consent of both the Sublandlord and the Landlord which consent may be withheld by either such party in its sole and absolute discretion. 8.8. Sublandlord acknowledges receipt of the Security Deposit in the amount of $24,501.75 that Sublandlord is to retain as security for the faithful performance of all the t00225056.5 306-9905263} 5 34035487.5 xOOOd x000a 52074.0002 Page 710 of 736 terms and conditions of this Lease. Sublandlord may, but shall not be obligated to apply the security deposit on rents or other charges in arrears, or in damages for failure to perform the terms and conditions of this Sublease. Application of the Security Deposit to the arrears of Rent payments or damages shall be at the sole option of the Sublandlord, and the right to possession of the Premises by the Sublandlord for non-payment of rent for any other reason shall not in any event be affected by the Security Deposit. The Security Deposit is to be returned within thirty (30) days to Subtenant when this Lease is terminated, according to the terms of this Sublease, if not otherwise applied by reason of any breach of the terms and conditions of this Sublease by Subtenant. Subtenant expressly acknowledges that Subtenant shall not have the right to apply the Security Deposit to Rent. In no event is the Security Deposit to be returned until Subtenant has performed its obligations under this Sublease including but not limited to Subtenant having vacated the Premises and delivered possession to the Sublandlord as required by this Sublease. In the event the Sublandlord repossesses the Premises because of the default of the Subtenant or because of the failure by the Subtenant to carry out the terms and conditions of this Sublease, Sublandlord may apply the Security Deposit on all damages suffered to the day of repossession and may retain the balance of the Security Deposit to apply to damages that may accrue or be suffered thereafter by reason of a default or breach of the Subtenant. Sublandlord shall not be obligated to hold the security deposit in a separate fund, but may mix the security deposit with other funds of the Sublandlord, and Sublandlord shall not be obligated to pay interest to Subtenant on the Security Deposit. 8.9. In the event the Subtenant shall default in any of its obligations under this Sublease which default is not cured within five (5) days following written notice from Sublandlord to Subtenant, (as to any monetary breach) or within ten (10) days after written notice Sublandlord to Subtenant (as to any non-monetary breach), then in addition to any other rights and remedies available at law and equity, the Sublandlord shall be entitled to the remedies of the Landlord set forth in the Master Lease, including but not limited to, sue for damages, equitable relief, right to terminate this Sublease, right to terminate Subtenant's right to possession, recovering reasonable attorneys' fees and costs, through all trial and appellate levels, to the extent Sublandlord is the prevailing party in such dispute and all other remedies available at law or in equity. 9. Indemnity. Pursuant to Florida law and notwithstanding anything to the contrary herein, as a state agency of Florida, Subtenant cannot and will not indemnify Sublandlord nor Landlord. Within the limits provided by law, Subtenant assumes all risk of and will remain primarily responsible for personal injury and property damage attributable to the negligent acts or omissions of Subtenant and its officers, agents, and employees while acting within the scope of their office or employment. Notwithstanding anything to the contrary in the Agreement, Subtenant does not agree to enlarge the scope of the waiver of sovereign immunity for state agencies provided in Florida Statute 768.28 and does not consent to be sued other than as provided by Florida law. The Subtenant is responsible for all obligations due to (a) the Landlord for failure of Subtenant to perform any of the covenants, agreements, terms, provisions or conditions contained in the Master Lease which by reason of the provisions of this Sublease Subtenant is obligated to perform, (b) any breach by Subtenant of its obligations under this Sublease or (c) any loss to Sublandlord due from any person by reason of Subtenant's use and/or occupancy of the Subleased Premises. t00225056.5 306-9905263} 6 34035487.5 xOOOd xOOOa 52074.0002 Page 711 of 736 The provisions of this Section 9 shall survive the expiration or earlier termination of the Master Lease and/or this Sublease, except to the extent any of the foregoing is caused or by the wrongful acts of Sublandlord. 10. Parking and Si2na2e. The Subtenant shall be entitled to use on a non-exclusive basis such number of parking spaces as is permitted to be used by Sublandlord under the Master Lease, which shall be 2 spaces per 1,000 rentable sq. ft. 11. Si2na2e. The Sublandlord consents to Subtenant placing its name and logo on the Premises, provided (i) Subtenant shall obtain the approval of such signage form the Landlord, (ii) Subtenant shall obtain all necessary governmental approvals in connection with the installation, operation and maintenance of such signage, (iii) such signage shall be installed and maintained in a good and workmanlike manner, free and clear of all liens, claims and encumbrances, and (iv) upon any termination of this Lease, the Subtenant shall remove such signage and restore any damage to the Premises caused thereby. 12. Certificates. Each party hereto shall at any time and from time to time as requested by the other party upon not less than ten (10) days prior written notice, execute, acknowledge and deliver to the other party, a statement in writing certifying to its knowledge such factional matters as may reasonably be requested including, that this Sublease is unmodified and in full force and effect (or if there have been modifications that the same is in full force and effect as modified and stating the modifications, if any) certifying the dates to which Rent and any other charges have been paid the expiration of the Term and stating whether or not, to the knowledge of the person signing the certificate, that the other party is not in default beyond any applicable grace period provided herein in performance of any of its obligations under this Sublease, and if so, specifying each such default of which the signer may have knowledge, it being intended that any such statement delivered pursuant hereto may be relied upon by others with whom the party requesting such certificate may be dealing. 13. Assignment or Subletting. Subtenant shall not be entitled to assign this Sublease or to sublet all or any portion of the Premises without the prior written consent of Sublandlord, which consent may be withheld by Sublandlord in its sole discretion. 14. Radon GAS. Radon is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. Pursuant to §404.056(5), Florida Statutes. 15. OFAC Compliance/Patriot Act. Subtenant represents and warrants that (a) neither Subtenant nor any person or entity that directly or indirectly owns an interest in it nor any of its officers, directors, or managing members is a person or entity (each, a "Prohibited Person")with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control ("OFAC") of the Department of the Treasury (including those named on OFAC's Specially Designated and Blocked Persons List) or under any statute, executive order (including Executive Order 13224 (the "Executive Order") signed on September 24, 2001 and entitled `Blocking Property and Prohibiting Transactions with Persons Who t00225056.5 306-9905263) 7 34035487.5 x000d x000a 52074.0002 Page 712 of 736 Commit, Threaten to Commit, or Support Terrorism"), or other governmental action, (b) Subtenant's activities do not violate the International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 or the regulations or orders promulgated thereunder (as amended from time to time, the"Money Laundering Act") (i.e., Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "Patriot Act"), and (c)throughout the Term of this Sublease, Subtenant shall comply with the Executive Order, the Money Laundering Act, and the Patriot Act. 16. Severability. If any term or provision of this Sublease or the application thereof to any person or circumstances shall, to any extent, be invalid and unenforceable, the remainder of this Sublease or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term or provision of this Sublease shall be valid and be enforced to the fullest extent permitted by law. 17. Entire Agreement; Waiver. This Sublease contains the entire agreement between the parties hereto and shall be binding upon and inure to the benefit of their respective heirs, representatives, successors and permitted assigns. Any agreement hereinafter made shall be ineffective to change, modify, waive, release, discharge, terminate or effect an abandonment hereof, in whole or in part, unless such agreement is in writing and signed by the parties hereto. 18. Captions and Definitions. Captions to the Sections in this Sublease are included for convenience only and are not intended and shall not be deemed to modify or explain any of the terms of this Sublease. 19. Further Assurances. The parties hereto agree that each of them, upon the request of the other party, shall execute and deliver, in recordable form if necessary, such further documents, instruments or agreements and shall take such further action that may be necessary or appropriate to effectuate the purposes of this Sublease. 20. Governing Law. This Sublease shall be governed by and in all respects construed in accordance with the internal laws of the State of Florida. 21. Consent of Landlord. The validity of this Sublease shall be subject to the Landlord's prior written consent hereto pursuant to the terms of the Master Lease and if Landlord's consent shall not be obtained and a copy thereof delivered to Subtenant on or before the Commencement Date, this Sublease shall be automatically terminated in which event Subtenant shall vacate the Leased Premises and Sublandlord shall return to Subtenant all sums paid hereunder and neither party shall have any further obligations to the other under this Sublease. 22. Excuse of Landlord's Performance. Anything in this Sublease to the contrary notwithstanding, Sublandlord shall not be deemed in default with respect to the performance of any of the terms, covenants and conditions of this Sublease if same shall be due, any breach of Landlord's obligation under the Master Lease or due to any strike, lockout, civil commotion, contract dispute with Sublandlord's contractor or sub-contractors, war-like operation, invasion, t00225056.5 306-9905263} 8 34035487.5 x000d x000a 52074.0002 Page 713 of 736 rebellion, hostilities, military or usurped power, sabotage, government regulations or controls, inability to obtain any material or service, through an act of God or any other cause reasonably beyond the control of Sublandlord. Sublandlord shall not be liable for failure to give Subtenant possession in accordance with the provisions of this Sublease if due to any of the foregoing conditions or as a result of any prior tenant holding over. The time for Landlord's performance shall be extended as a result of any of the foregoing. 23. Sublandlord. The term "Sublandlord," as used in this Sublease, so far as covenants and obligations on the part of Sublandlord are concerned, shall be limited to, mean and include only the owner or owners at the time in question of the tenant's interest under the Master Lease ("Leasehold"), and in the event of any transfer or transfers of the Leasehold, Sublandlord (and in case of any subsequent transfers or conveyances, the assignor) shall be automatically freed and relieved from and after the date of such transfer or conveyance of all liability as respects the performance of any covenants or obligations on the part of Sublandlord contained in this Sublease thereafter to be performed. Subtenant shall look solely to Sublandlord's interest in the Leasehold for the satisfaction of any of Subtenant's rights or remedies or for the collection of a judgment or other judicial process requiring the payment of money by Sublandlord in the event of any default by Sublandlord hereunder. No other property or assets of Sublandlord or its partners, officers, directors, shareholders or principals, disclosed or undisclosed shall be subject to the levy, execution, judgment or other enforcement procedure for the satisfaction of any of Subtenant's rights or remedies under or with respect to this Sublease, the relationship of Sublandlord and Subtenant hereunder or Subtenant's use or occupancy of the Premises. 24. Sublease Not to be Recorded. Subtenant shall not record this Sublease or any memorandum of its terms and doing so shall constitute an immediate default by Subtenant under this Sublease. 25. AS IS. Subtenant expressly acknowledges and agrees that it accepts the Premises "AS IS" and "WHERE IS" and Sublandlord has not made and is not making, and Subtenant, in executing and delivering this Sublease, is not relying upon any warranties, representations, promises or statements, except to the extent that the same are expressly set forth in this Sublease. It is understood and agreed that this Sublease, alone, fully and completely expresses the parties' agreement, and that this Sublease is entered into after full investigation, neither party relying upon any statement or representation not embodied in this Sublease. 26. Counterparts and Facsimile. This Sublease may be executed in one or more counterparts, all of which together shall constitute this Sublease. Facsimile or electronic transmission signatures of Sublandlord, Subtenant and/or Landlord shall constitute original signatures. t00225056.5 306-9905263} 9 34035487.5 xOOOd xOOOa 52074.0002 Page 714 of 736 [Signature page to follow] t00225056.5 306-9905263} 10 34035487.5 xOOOd xOOOa 52074.0002 Page 715 of 736 IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be executed as of the day and year first above written. Sublandlord: Subtenant: World Wide Tickets and Labels, Inc., City of Boynton Beach, FL, a Florida a corporation a municipality of the State of Florida By: By: Its: Its: Attest: Its: Approved as to Form City Attorney t00225056.5 306-9905263} 1 1 34035487.5 x000d x000a 52074.0002 Page 716 of 736 EXHIBIT A THE MASTER LEASE (00225056.5306-9905263)34035487.5 x000d x000a 52074.0002 Page 717 of 736 12.C. LEGAL 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE 18-006 - SECOND READING - PUBLIC HEARING -Approval of Ordinance amending Section 18-164 of the Code of Ordinances to provide for mutual consent regarding use of the 185 money; amending Section 18-169 to add normal retirement age definition for members who retire with (20) years of service only retirement, to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse, and to add ten year vesting for Police Officers hired on or after October 1, 2016; adding a new Section 18-178 to add a rehire after retirement provision. EXPLANATION OF REQUEST: The attached ordinance has been prepared by the Attorney for the Police Pension board and is intended to reflect the mutual consent agreement incorporated in the last collective bargaining agreement. 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 718 of 736 ATTACHMENTS: Type Description Ordinance amending Police Pension to provide D Ordinance for mutual consent agreement and to add the rehire after retirement provision D Attachment Excerpt from Collective Bargaining Agreement Page 719 of 736 I ORDINANCE 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA 4 AMENDING ARTICLE III OF CHAPTER 18 OF THE BOYNTON 5 BEACH CODE OF ORDINANCES ENTITLED MUNICIPAL POLICE 6 OFFICERS' RETIREMENT TRUST FUND AMENDING SECTION 7 18-164 TO PROVIDE FOR MUTUAL CONSENT REGARDING USE 8 OF THE 185 MONEY; AMENDING SECTION 18-169 TO ADD A 9 NORMAL RETIREMENT AGE DEFINITION FOR MEMBERS WHO 10 RETIRE WITH A YEARS OF SERVICE ONLY RETIREMENT, TO 11 PROVIDE FOR PAYMENT OF DEATH BENEFITS TO A 12 DESIGNATED BENEFICIARY IN THE EVENT THAT THERE IS NO 13 SPOUSE, AND TO ADD TEN YEAR VESTING FOR POLICE 14 OFFICERS HIRED ON OR AFTER OCTOBER 1, 2016; ADDING A 15 NEW SECTION 18-178 TO ADD A REHIRE AFTER RETIREMENT 16 PROVISION; PROVIDING FOR CODIFICATION CONFLICT, 17 SEVERABILITY,AND AN EFFECTIVE DATE. 18 19 WHEREAS, the Internal Revenue Code governs rehire of City of Boynton Beach 20 Retirees and contains provisions which allow for in-service distributions under certain 21 circumstances; 22 WHEREAS, the Board of Trustees ("Trustees") of the Boynton Beach Police Officers 23 Pension Fund ("Fund") recommends amendment of Article HI, Section 18-169 of the Plan to 24 comply with the Code; 25 WHEREAS, the City and the Palm Beach County Police Benevolent Association 26 ("Union") have agreed in collective bargaining to mutually consent regarding the use of the 27 Chapter 185 monies under the Florida Statutes §185.35 which requires an amendment to the 28 Fund Plan document in the City Code; 29 WHEREAS,the City and the Union have agreed in collective bargaining to provide for 30 ten year vesting for members hired on or after October 1, 2016; 31 WHEREAS, the Board recommends adding a provision to allow the payment of 32 benefits to a designated beneficiary of a deceased member in the event that there is no spouse 33 to save the heirs the cost of opening an estate; and 34 WHEREAS the City Commission of the City of Boynton Beach Florida desires to so 35 amend the Boynton Beach Police Officers Pension Fund. 36 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 37 OF BOYNTON BEACH FLORIDA 1 Page 720 of 736 38 39 Section 1. The foregoing WHEREAS clauses are hereby certified as being true and 40 correct and are incorporated herein by this reference. 41 42 Section 2. Section 18-164 of Article III of Chapter 18 of the Boynton Beach Code of 43 Ordinances is hereby amended as follows: 44 45 Sec. 18-164. Creation and maintenance of fund and retirement system. 46 47 48 49 (b) The fund shall be maintained in the following manner: 50 51 (1) By payment to the fund of the net proceeds of the .85% excise tax which is 52 imposed by the City of Boynton Beach upon certain casualty insurance companies on 53 their gross receipts of premiums from holders of policies,which policies cover property 54 within the corporate limits of the City of Boynton Beach as authorized in F.S. Chapter 55 185, amended. These amounts are to be deposited with the Board of Trustees within 56 five days of receipt by the municipality. F.S. Ch. 185. In November of 2017 and 57 November of 2018 only, $30,000.00 of the insurance premium excise tax provided 58 for in this subsection will be used by the City to offset the unfunded actuarial 59 liability of the Fund.The remainder of the Funds will be used as set forth in Section 60 18-169(8 of the Plan, which provides for a supplemental benefit as defined in 61 Florida Statutes &185.02(221. 62 63 (2) By the payment to the fund of 7% of the salary of each full time police officer 64 duly appointed and enrolled as a member of the City of Boynton Beach Police 65 Department; which 7% shall be picked up, rather than deducted, by the City of Boynton 66 Beach from the compensation due to the Police Officer and paid over to the Board of 67 Trustees of the Boynton Beach Police Officers' Pension Fund on a bi-weekly basis. All 68 pickup contributions shall be treated as employer contributions for the purposes of 69 determining tax treatment under the Internal Revenue Code of 1986, as amended. All 70 such pick up amounts shall be considered as employee contributions for purposes of this 71 plan. The percentage deducted from the police officers' salaries are to be deposited with 72 the Board of Trustees immediately. F.S. Ch.185, Boynton Beach Code of Ordinances 73 Sec. 18-170. 74 75 (3) By all fines and forfeitures imposed and collected from any police officer 76 because of the violation of any rule and regulation adopted by the Board of Trustees. 77 F.S. Ch. 185. 78 79 (4) By mandatory payment at least quarterly by the City of Boynton Beach a sum 80 equal to the normal cost and the amount required to fund any actuarial deficiency shown 81 by an actuarial valuation as provided in F.S. Chapter 112, Part VII. F.S. Ch. 185. On 82 an annual basis, the Board of Trustees will evaluate the actuarial assumptions used. 83 2 Page 721 of 736 84 (5) By all gifts, bequests, and devises when donated to the fund. F.S. Ch. 185. 85 86 (6) By all accretions to the fund by way of interest or dividends on bank deposits, 87 or otherwise. F.S. Ch. 185. 88 89 (7) By all other sources or income now or hereafter authorized by law for the 90 augmentation of the Boynton Beach Police Officers' Pension Fund. F.S. Ch. 185. 91 92 93 Section 3. Section 18-169(a) of Article III of Chapter 18 of the Boynton Beach Code of 94 Ordinances is hereby amended as follows: 95 96 Sec. 18-169. Requirements for retirement- benefit amounts. 97 98 (a) Normal retirement. 99 100 (1) Normal retirement date. The normal retirement date of each police officer will be the 101 first day of the month coinciding with, or next following, the date on which he or she 102 has attained and completed 20 years of service, or the first day of the month coinciding 103 with, or next following, the date on which the police officer has attained age 55 and 104 completed ten years of service or age 50 and completed 15 years of service. In the 105 case of a retirement with twenty (201 years of service, effective January 1, 2017, 106 Normal Retirement Age is the age a police officer has attained when retired at 107 twenty (20)years of service. 108 109 Section 4. Section 18-169(d) of Article III of Chapter 18 of the Boynton Beach Code of 110 Ordinances is hereby amended as follows: 111 112 113 Sec. 18-169 Requirements for retirement- benefit amounts 114 115 ******* 116 (d)Death benefit. 117 118 (1) If any member shall die prior to retirement or other termination of employment with the 119 city and that death is found by the Board of Trustees to have occurred in the line of duty 120 regardless of the years of service, a death benefit shall be payable to the deceased 121 member's spouse. The benefit shall equal 3.5% of average final compensation for each 122 year of continuous service; provided, however, the benefit will be at least 30% of 123 average final compensation. It shall be payable in equal monthly installments 124 commencing the first day of the month following the date of death and ceasing upon the 125 death of the spouse. If there is no spouse, the deceased member's accrued benefit 126 shall be payable to the designated beneficiary on file with the Board of Trustees, 3 Page 722 of 736 127 payable as the Contingent Annuitant 100% survivor benefit. If there is no mouse 128 or designated beneficiaries the benefit,if any,will be paid to the deceased participant's 129 estate. Effective September 3, 2015, for all police officers hired on or after October 1, 130 2015, the 3.5% multiplier provided for in this paragraph shall be 3.0%. 131 132 (2) If any member with at least ten years of continuous service shall die prior to retirement 133 or other termination of employment with the city, a death benefit shall be payable to the 134 deceased member's spouse. The benefit shall equal 3.5% of average final compensation 135 for each year of continuous service. It shall be payable in equal monthly installments 136 commencing the first day of the month following the date of death and ceasing upon the 137 death or remarriage of the spouse. If there is no spouse, the deceased member's 138 accrued benefit shall be payable to the designated beneficiary on file with the 139 Board of Trustees, payable as the Contingent Annuitant 100% survivor benefit. 140 If there is no spouse or designated beneficiaries, the benefit, if any, will be paid to 141 the deceased participant's estate. Effective September 3, 2015, for all police officers 142 hired on or after October 1, 2015, the 3.5% multiplier provided for in this paragraph 143 shall be 3.0%. 144 145 (3) If a member dies before being eligible to retire, the heirs, legatees, beneficiaries or 146 personal representatives of such deceased member shall be entitled to a refund of 100% 147 of the contributions made by the member to the fund, without interest. 148 149 Section 5. Section 18-169(e) of Article III of Chapter 18 of the Boynton Beach Code of 150 Ordinances is hereby amended as follows: 151 152 (e) Separation from service. 153 154 (1) The vesting period for members hired on or after October 1, 2016 is ten (10) 155 years. The vesting period for members who were hired before October 1, 2016 156 and terminated after October 1, 2002 is five (5) years of service. Eff etive r 157 tex a+iens en and after- OetebsrT, 2002, if If a member leaves the service of the 158 city before vestinaeetifntilati t, � .1-*e * e of five years*,,.,,.,-,a et -efne t - - 159 befer=being eligible to retire such member shall be entitled to a refund of all of his 160 or her contributions made to the fund, without interest. 161 162 (2) Benefit Commencement Date Lor Ten Year Vesting If any member who had been in 163 the service of the city for at least ten years elects to leave his or her accrued 164 contributions in the fund, such police officer upon attaining age 50 years or more 165 (without reaching what would have been 20 years of service had he or she not 166 terminated his or her employment) may receive an early retirement benefit at the 167 actuarial equivalent of the amount of such retirement income otherwise payable to 168 him or her at early retirement or upon attaining what would have been normal 169 retirement had he or she not terminated his employment, such police officer may 170 receive his or her accrued normal retirement benefit. 4 Page 723 of 736 171 172 (3) Benefit Commencement Date_for Five Year Testing: I� fe-to-m n„+:,.n s „f+,, 173 octaber- 1, 2002, if If any member who had been in the service of the city for at least 174 five years elects to leave his or her accrued contributions in the fund,the police officer 175 upon attaining age 55 with ten or more years of service (had he or she not terminated 176 employment)or reaching what would have been 20 years of service(had he or she not 177 terminated his or her employment), may receive the accrued normal retirement 178 benefit. The member may receive the benefits payable in the normal form or any 179 option available under Section 18-170. 180 181 182 Section 6. A new Section 18-178 is added to Article III of Chapter 18 of the City of Boynton 183 Beach Code as follows: 184 185 Sec. 18-178. - Reem l�oyment after retirement. 186 187 (a) Any Retiree who is retired under this fund, except for disability retirement. may 188 be reemployed by any public or private employer, except the City, and may receive 189 compensation from that employment without limiting or restricting in any way the 190 retirement benefits payable under this fund.Reemployment of a Retiree by the City on or 191 after January 1, 2017 shall be subject to the limitations set forth in this section. 192 193 b) Reemployment in a position other than as a Police Officer or in a position 194 upervising police officers. Notwithstanding any other provision of this Plan. a Retiree 195 who is retired from the Fund on a Normal Retirement at Normal Retirement Age and 196 who is subsequently reemployed by the city in a position other than as a Police Officer or 197 in a position supervising police officers shall, upon being reemployed, continue receipt of 198 benefits from this Fund. The benefit paid from this Fund shall not be changed in any way 199 by such reemployment. These payments shall be considered in-service distributions. 200 201 c) Reemployment as a Police Officer. In the event a Retiree who is retired from the 202 Fund is subsequently reemployed by the city as a Police Officer or into a position that 203 upervises Police Officers, the benefit payable to the Retiree from this Fund shall be 204 suspended for the period of such reemployment. untilthe Retiree terminates employment 205 with the city. 206 207 11 If by virtue of re-employment as a Police Officer, the retiree is eligible to 208 participate in this plan,the retiree shall be deemed to be one hundred (1001 209 percent vested upon re-employment. 210 211 (2) The additional credited service accrued during the subsequent employment 212 period shall be used in computing a second benefit amount attributable to 213 the subsequent employment period,which benefit amount shall be added to 5 Page 724 of 736 214 the benefit determined upon the initial retirement to determine the total 215 benefit payable upon final retirement. 216 217 31 Calculations of benefits for each retirement shall be based upon the benefit 218 accrual rate, average annual earnings, credited service, cost-of-living 219 adjustment as of that date and the retirement benefit amount for any 220 subsequent employment period shall be based upon the benefit accrual rate, 221 average annual earnings (based only on the subsequent employment 222period), credited service, cost-of-living adjustment, if applicable, as of the 223 date of subsequent retirement. 224 225 41 The optional form of benefit and any joint pensioner selected upon initial 226 retirement shall not be subject to change upon subsequent retirement 227 except as otherwise provided herein, but the member may select a different 228 optional form and joint pensioner applicable to the subsequent retirement 229 hnngfiL 230 231 d) Re-employment of terminated vested persons. Re-employed terminated vested 232 persons,including those elected or appointed to the Cjty Commission, shall not be subject 233 to the provisions of this section until such time as they begin to actually receive benefits 234 after termination of employment in accordance with Section 18-169(el. 235 236 e) Notwithstanding any provision of subsection(a),(b),(c)or(d)above,a Retiree who 237 has retired on an Earlv Retirement or a Disability Retirement may not be reemployed by 238 the city and continue to receive a benefit from this Fund. Retirement pursuant to an early 239 retirement incentive program shall be deemed early retirement for purposes of this 240 section if the member was permitted to retire prior to the customary retirement date 241 provided for in the plan at the time of retirement. 242 243 244 Section 7. It is the intention of the City Commission of the City of Boynton Beach that the 245 provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the 246 City of Boynton Beach Florida The Sections of this ordinance may be renumbered re-lettered 247 and the word Ordinance may be changed to Section Article or such other word or phrase in 248 order to accomplish such intention. 249 250 Section 8. All Ordinances or parts of Ordinances Resolutions or parts of Resolutions in conflict 251 herewith be and the same are hereby repealed to the extent of such conflict. If any clause section 252 or other part or application of this Ordinance shall be held by any court of competent jurisdiction 253 to be unconstitutional or invalid such unconstitutional or invalid part or application shall be 254 considered as eliminated and so not effecting the validity of the remaining portions or 255 applications remaining in full force and effect. 256 6 Page 725 of 736 257 Section 9. This Ordinance shall become effective upon passage, unless otherwise provided for 258 in this amendment. 259 FIRST READING this day of 2018. 260 SECOND, FINAL READING AND PASSAGE this day of 261 2018. 262 263 CITY OF BOYNTON BEACH, FLORIDA 264 YES NO 265 266 Mayor— Steven B. Grant 267 268 Vice Mayor— Christina L. Romelus 269 270 Commissioner—Mack McCray 271 272 Commissioner—Justin Katz 273 274 Commissioner—Joe Casello 275 276 277 VOTE 278 ATTEST: 279 280 281 282 Judith A. Pyle, CMC 283 City Clerk 284 285 286 287 (Corporate Seal) 7 Page 726 of 736 ARTICLM FENSIG Section 1. Bargaining Unit Members it on or after October 1, 2015 will have a pension multiplier of three percent(3%). Sg=iml- Upon ratillcation of this Agreement,the City and the Union conformed to the statutory requirement to negotiate provisions of SB 172,codified as Laws of Florida 2 0 15- 39 by entering into a Mutual Consent Agreement The Mutual Consent Agreement is attached hereto as Addendum"B." &LfLgn,j The vesting period for Police Officers and Detectives it on or after October 1, 2016 is ten (10)years. Section 4 The City and Union agree to reopen this Article at the request of City during year three of this contract. Page 61 of 78 —LP— TA —city M police Officers&Detectives and C4yofBoyntan Beach-Para Term Ending September 30,2019 Page 727 of 736 JUNION CONIRACT-ADDENDUM"fln I MUCONSENIAaRamam of Insura remium Tax&nnu-" 91 This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "CITY") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION C-PBA-) POLICE OFFICERS AND DETECTIVES, POLICE SERGEANTS,AND POLICE LIEUTENANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund') that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee firefighter pension plans as set forth in chapter 185,Florida Statutes;and WHEREAS,the Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues is have not been allocated to fund beneflts in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members'collective bargaining representative (PBA). NOW THEREFORE,the City and Unions agree as follows: 1. The foregoing Whereas clauses are true and correct 2. The total of sixty thousand dollars ($60,000) of IPTR whether base premium tax revenue oradditional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund. These funds will be provided to the City in$30,000 increments by November 2017 and November 2018. 3. This Consent Agreement takes effect when signed by PBA and City. Signature Pagefollows Page 76 of 78 TA-PBA TA U City PBA Pofice Offlcers&DewdvesandftofBomeon Beach-Para Term EndbW September 30,2029 Page 728 of 736 THE CITY OF BOYNTON BEACH lv�,;z'4 m Lori r, �:, t _Manager ATTES'J"� City 'erk tJ_ C FIC DETECTIVES, LICE , AND LA 1otian£ t APPROVED AS TO LEGAL F : C, t rey Page 77 of 7 my-City PIM PoffecUfflars&Dewtftsand 0eyofftyum Bwwh-Fora rerm EndbWpte 20,2014 Page 729 of 736 13.A. FUTURE AGENDA ITEMS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Update Commission on topic of dogs on beach - May 1, 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 730 of 736 13.B. FUTURE AGENDA ITEMS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-Wide program- May 1, 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 731 of 736 13.C. FUTURE AGENDA ITEMS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Staff to review PBC Ordinance on Panhandlers- May 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 732 of 736 13.D. FUTURE AGENDA ITEMS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 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 733 of 736 13.E. FUTURE AGENDA ITEMS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Vice-Mayor Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 734 of 736 13.F. FUTURE AGENDA ITEMS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 735 of 736 13.G. FUTURE AGENDA ITEMS 4/17/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/17/2018 REQUESTED ACTION BY COMMISSION: Staff to report on the possibility of the City beginning a Bike Share Program- 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 736 of 736