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Agenda 06-19-18 The City of wr Boynton Beach y City Commission Agenda Tuesday, June 19, 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 633 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 633 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Romelus 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. Announce Budget Workshop dates and times: 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. B. Announce that Commissioner Dave Kerner and Representative David Silvers will be co- hosting a Hurricane preparedness workshop on June 26, from 6-8 pm at the Mid-County Senior Center 3680 Lake Worth Road, Lake Worth, 33461. They are planning on having presentations by Palm Beach County Emergency Operations Center, The Solid Waste Authority, South Florida Water Management District and the Lake Worth Drainage District. They also plan on having representation from Red Cross, FPL and other important partners. C. Announce the "Fishing for Fireworks?" event that will be held on July 4th at Intracoastal Park by Mary DeGraffenreidt, Events and Program Manager. D. Announcement by CareerSource of Palm Beach County about their youth programs by Holly Carson, Senior Director, W I OA Training Programs. E. Presentation on the update of Route Performance Maximization. Presentation to be given by Clinton Forbes, Executive Director or Steve Anderson, Project Manager. F. Proclaim June 27, 2018 as National HIV Testing Day. A representative from FoundCare will be present to accept the proclamation. G. Proclaim June as Pride Month. Julie Seaver of Compass GLCC and Merideth Ockman of PBCHRC, will be present to accept the proclamation. H. Proclaim June 19, 2018 as Lifeguard Appreciation Day. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the Page 3 of 633 discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Authorize City Commissioners to travel and hotel stay for the National League of Cities Annual Conference at the Los Angeles Convention Center in Los Angeles, CA, November 7-10, 2018. B. 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 Historic Resource Preservation Bd: 1 Reg Senior Advisory Board: 2 Alts 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R18-080- Authorize the City Manager to sign an interlocal agreement between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for law enforcement services in connection with administering the manatee protection conservation program. B. PROPOSED RESOLUTION NO. R18-081 -Approve the temporary road closure of the lanes in the 2000 Block of State Road 5 700 feet of the right lane heading Northbound and 400 feet of the left lane heading Southbound on Wednesday, July 4, 2018 for the annual 4th of July Celebration, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. C. PROPOSED RESOLUTION NO. R18-082- Authorize the Mayor to sign a Partial Release Agreement for a Water Service Agreement executed in J my 1983 with J amaica Bay, I nc. D. Approve making a $7,500 donation to the Bill Tome Foundation for Kids and Families, Inc. from the Law Enforcement Trust Fund to support their 2nd annual golf tournament. E. Approve utilizing Green Building Initiative of Portland, OR to evaluate the building data of the new City Hall/Library and Police Department in connection with the Green Globes Assessment and Certification as a sole source vendor, in a total amount of$26,200. F. Authorize the purchase of an Extreme Networks wireless system from STEPcg of Covington, KY in the amount of $53,688.24, utilizing the State of Florida Alternate Contract Source Number 43220000-W SA-14-ACS for the replacement of the wireless system at Fire Station #5 and new installation of wireless at the Utilities East Water Treatment Plant. The State of Florida Alternate Contract contract complies with the City of Boynton Beach's competitive bid requirements. G. Approve utilizing the State of Florida Contract DMS-12/13-001H with Jade Communications, Inc. of Boca Raton, FL for Telecommunications infrastructure needed at the interim Police Facility in the approximate amount of $46,010. The City is allowed to utilize the State of Florida contracts in accordance with City's procurement procedures. H. Approved utilizing R. George &Associates, Inc. of Deland, FL to provide moving services for the Library from its current location to the interim locations based on the estimated quote of$74,235. 1. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ended April 30, 2018. Page 4 of 633 J. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for June 19, 2018 - "Request for Extensions and/or Piggybacks." K. Accept the written report to the Commission for purchases over $10,000 for the month of May 2018. L. Legal Expenses - May 2018 - information at the request of the City Commission. No action required. M. Approve the minutes from City Commission meeting held on June 5, 2018. 7. BIDS AND PURCHASES OVER $100,000 - None 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. 18-010 - FIRST READING - Approve Gas Station Regulations (CDRV 18-002) - Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. B. PROPOSED ORDINANCE NO. 18-011 - FIRST READING - Approve Wawa Future Land Use Map Amendment(LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC). Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. PROPOSED ORDINANCE NO. 18-012 - FIRST READING - Approve Wawa Rezoning (LUAR 18-001) from C-1 Office Professional to C-3, Community Commercial. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. C. Approve Dog Activity World Group Conditional Use request (COUS 18-002) for a Pet Care (Boarding and Daycare) facility in an existing 20,000 square foot tenant space, located in the Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. Applicant: Hannah W ickins. D. PROPOSED ORDINANCE NO. 18-013 - FIRST READING - Approve Zoning Use Amendments (CDRV 18-003)Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, offices for civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. City initiated. E. Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COUS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump islands, and related site improvements, on property proposed to be rezoned to the C-3, Community Commercial zoning district . Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP/Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. 9. CITY MANAGER'S REPORT A. The requested action is to discuss the value of adopting the Palm Beach County Panhandling Ordinance. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS - None Page 5 of 633 12. LEGAL A. PROPOSED ORDINANCE NO. 18-014 - FIRST READING - Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain site standards, facilitating the expeditious siting, design and construction of new and replacement of public improvements. B. PROPOSED ORDINANCE NO. 18-015 - FIRST READING - Approve Ordinance amending Part 11. "Code of Ordinances," Chapter 2, "Administration," By creating a new Article XIX, entitled "Requirements for City of Boynton Beach's Docked Bike Share Systems"; providing for definitions, codification, conflicts, severability, and an effective date C. PROPOSED ORDINANCE NO 18-016 - FIRST READING -Approve Amateur Radio & TV Antennas (CDRV18-001) amending Chapter 3. Article V. Section 12 of the Land Development Regulations to update terminology, restrict the number of towers allowed, establish height limits and setbacks, while maintaining consistency with preemption regulations by the Federal Communications Commission (FCC). City-initiated. D. PROPOSED ORDINANCE NO 18-017 - FIRST READING -Approve Wireless Communication Facilities (CDRV 18-001) amending Chapter 3. Article V. Section 13 of the Land Development Regulations to implement regulations consistent with State legislation known as the Advanced Wireless Infrastructure Deployment Act that regulates W CF within public rights-of- way. City-initiated. E. Approve proposed settlement and authorize payment of $200,000.00 to settle the case of Gail Jenkins and Leon I Jenkins v. City of Boynton Beach v. Mortgage Electronic Registration Systems with the additional terms set forth below. F. PROPOSED ORDINANCE NO. 18-009 - SECOND READING - PUBLIC HEARING - Approve proposed Ordinance amending Chapter 15, Article VIII, Chronic Nuisance Property Code to clarify certain sections. 13. FUTURE AGENDA ITEMS A. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-W ide program- July 2018 B. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park C. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD D. 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 E. Discuss possibility of trolley service within the City - TBD F. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- TBD 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED Page 6 of 633 AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HESHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXIL ARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILR YAN EQUAL 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. ADD1T1ONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 7 of 633 1.A. OPENING ITEMS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Romelus 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 633 2.A. OTHER 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 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 633 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Announce Budget Workshop dates and times: 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. EXPLANATION OF REQUEST: Our FY 2018/2019 Budget process is underway. Budget Workshops are scheduled to be held July 16-18, 2018 at the Intracoastal Park Clubhouse. The Commission adopts a Preliminary Fire Assessment Resolution and a Tentative Millage Rate Resolution at these workshops. The following workshops have been scheduled: 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: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 10 of 633 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 11 of 633 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Announce that Commissioner Dave Kerner and Representative David Silvers will be co- hosting a Hurricane preparedness workshop on J une 26, from 6-8 pm at the Mid-County Senior Center 3680 Lake Worth Road, Lake Worth, 33461. They are planning on having presentations by Palm Beach County Emergency Operations Center, The Solid Waste Authority, South Florida Water Management District and the Lake Worth Drainage District. They also plan on having representation from Red Cross, FPL and other important partners. 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: ATTACHMENTS: Type Description D Attachment Flyer Page 12 of 633 war "�I * uo 00 t 00 +� r (Y) . ' o Cz r + INCCu 4-1a IL LL s t i � Ifi0.II i � i ��}��{pix` � vl ClA a i�� i 00 1110 00 00 4-4 70 S MCI 101 4-4 IpA ll „ I • r, i t, t Q R sR CIO 00 k co� 00 AT ' LO IL r �i Wo "y�y3 ISI ,4 I 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Announce the "Fishing for Fireworks?" event that will be held on July 4th at Intracoastal Park by Mary DeGraffenreidt, Events and Program Manager. EXPLANATION OF REQUEST: The City will be hosting its annual J my 4th event, "Fishing for Fireworks?" at Intracoastal Park from 6:30- 10:30 p.m. Fun activities at the "Kid's Corner"will be available till 9 p.m. Progressive rock band The Paradigm will begin performing at 7:30 p.m. and again following the fireworks, which begin at 9:00 p.m. Public is invited to bring chairs and blankets. Food vendors will provide delicious treats. Free shuttle services will be provided from 5:00- 10:30 p.m. from the Hester Center (1901 N. Seacrest Blvd.) to Intracoastal Park and back. The final shuttle to the Park from the Hester Center will depart at 8:30 p.m.. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This is an annual event. FISCAL IMPACT: Budgeted Funds for the event are included in the City's General Fund. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment July 4th Flyer Page 16 of 633 All 44 Ilk FISM in ri S +kF Ittlj+kiN � : PON _ OW., a� ks }kd cflc";r:�CmBIRCH's S n 70, Pi r,-j o'qivo '4a' MIT Wednesday, July 4th 6:3040:30 k uc, i I42 � r 4 �r t� r � s + d 1 up 0 I age o 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Announcement by CareerSource of Palm Beach County about their youth programs by Holly Carson, Senior Director, W I OA Training Programs. 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: ATTACHMENTS: Type Description D Attachment Summer Youth Flyer Page 18 of 633 t APPLY T ODAY for the Summer uth Program! IF YOU • Between the ages of 17-24 years of • Not employed or working • Not enrolled in school (high school/college) ARE YOU READY T . • Attain Microsoft credentials (classes in Belle Glade)? • Attain hospitality credentials (classes in West Palmeach) • Be selected for a PAIDinternship? • Be considered for an education scholarship? SUMMERApply befc.)re June 2H to build your future! YOUTH July 9 to August 1 PPL° TODA` ; www.careersourcepbc.com CONTACT US: fief "sm^€..CeI...I e..9&..d urc T.,-k 561.3 0.1060 ext,2361 - youthte c reersourcepbc,co r`ss ;�W PALM BEACH COUNTY Page 19 of 633 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Presentation on the update of Route Performance Maximization. Presentation to be given by Clinton Forbes, Executive Director or Steve Anderson, Project Manager. 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 20 of 633 3.F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Proclaim June 27, 2018 as National HIV Testing Day. A representative from FoundCare will be present to accept the proclamation. EXPLANATION OF REQUEST: This year marks the 24th annual observance of National HIV Testing Day on June 27th, and the Palm Beach County HIV Community Prevention Partnership and the Palm Beach County HIV CARE Council, through its partners are working together to provide HIV testing throughout Palm Beach County during the week surrounding National HIV Testing Day, June 23-30, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no affect on City programs or services. It does heighten public awareness of the testing opportunity. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not present the Proclamation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Piggy-Back Proclamation Page 21 of 633 Nr Proclamation WHEREAS,in the United States, over 1 million people are living with HIV,and every 12 minutes a new infection occurs yielding more than 40,000 annual new HIV infections;and WHEREAS,in Florida more than 114,700 people are living with HIV, and more than 13 new infections occur daily,and 1-in-8 HIV-infected individuals don't know that they're infected;and WHEREAS,in Palm Beach County more than 8,200 people,or 1-in-170 residents,are living with HIV;and WHEREAS, an individual's behaviors, not race or ethnicity or sexual orientation, put him/her at risk of HIV infection;and WHEREAS,new treatments are bringing hope and enhancing the quality of life for those who are affected; however,these considerable advances can only help individuals if they know their HIV status; NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 27,h of June,Two Thousand Eighteen as: NATIONAL HIV TESTING DAY and urge all residents of the City of Boynton Beach to take the HIV test to know your status and to take part in other activities and observances designed to increase awareness and understanding of HIV/AIDS. IN WITNESS WHEREOF,I have hereunto set my band and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 19,h day of June,Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.G. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Proclaim June as Pride Month. Julie Seaver of Compass GLCC and Merideth Ockman of Pl3CHRC, will be present to accept the proclamation. 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: ATTACHMENTS: Type Description D Proclamation Proclamation Page 23 of 633 Nr Proclamation WHEREAS,The lesbian,gay,bisexual and transgender community is comprised of people from all walks of life who are active participants in our community;and WHEREAS, Members of the lesbian,gay,bisexual and transgender community are engaged in endeavors of economic growth,retail,education,hospitality,community, professional and service industries;and WHEREAS,The City of Boynton Beach has a proud history of striving for equal opportunity for all of its residents and employees;and WHEREAS,People seeking to limit any rights of the lesbian,gay,bi-sexual,and transgender community are in conflict with the City's policies and anti-discrimination ordinances. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month of June Two Thousand Eighteen as: LGBTQ PRIDE MONTH 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 19,h day of June Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.H. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Proclaim June 19, 2018 as Lifeguard Appreciation Day. EXPLANATION OF REQUEST: The number one cause of drowning in Palm Beach County is unsupervised water activity. Lifeguards provide an invaluable contribution in drowning prevention and water safety. Through their specialized training, lifeguards help keep our public beaches and pools safe by enforcing rules, monitoring patrons, and taking appropriate action when necessary, often exposing themselves to high risk situations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proclamation will help recognize the valuable contributions that lifeguards make to our community. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Do not make the proclamation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Lifeguard Appreciation Day Page 25 of 633 Nr Proclamation WHEREAS, the number one cause of drowning in both Palm Beach County and the U.S. is unsupervised water activity. Lifeguards play an invaluable role in drowning prevention and water safety through their specialized training to identify persons in distress in the water and provide first responder help. WHEREAS,most drownings occur at unguarded sites,according to the Center for Disease Control (CDC) Injury Center. If a lifeguard is present,the chance of drowning at a beach is less than one in 18 million per year as reported by the United States Lifesaving Association (USLA). WHEREAS,lifeguard surveillance is essential to a swimming facility's risk management program. By enforcing the rules and monitoring patrons, action can be taken to prevent or minimize aquatic injuries. WHEREAS, lifeguards certified as Water Safety Instructors are trained to provide comprehensive swim instruction to all age groups.Participating in formal swim lessons reduces the risk of drowning among children aged I to 4 years,the population with the highest drowning rates. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 21 of June Two Thousand Eighteen as: Lifeguard Appreciation Day 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 19 day of June Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 5.A. ADMINISTRATIVE 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Authorize City Commissioners to travel and hotel stay for the National League of Cities Annual Conference at the Los Angeles Convention Center in Los Angeles, CA, November 7-10, 2018. EXPLANATION OF REQUEST: The annual National League of Cities conference will be held at the Los Angeles Convention Center in Los Angeles, CA, November 7-10, 2018. (Conference Brochure attached) Registration is$545 per person until 7/15/18. $635 per person 7/16/18-9/15/18. Hotel varies between $270-$310 per night depending on hotel. May need to stay 4-5 nights depending on schedule. Hotel cost for 5 nights @ avg cost of$290 would be $1,450. Airfare could range between $375-$500 per person Estimated costs per person $3,000 including meals, parking, etc. In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission. (Resolution attached) While this conference is in FY18/19, the commission may want to consider if anyone would like to go in order to take advantage of lower costs for early registration, hotel and airfare costs. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted Registration/Hotel costs estimated at$3,000 per commissioner. Funds would need to be included in the FY18/19 budget for travel to the NLC conference under account 001- 1110-511-40-12 for commissioners that want to attend. ALTERNATIVES: Do not authorize any Commissioners to attend conference. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 27 of 633 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment NLC Conf Registration Fees D Attachment NLC Conf Hotel Costs D Attachment NLC Conf Schedule D Attachment Commission Travel Policy Page 28 of 633 TES)s City Summit I Annual Conference of the National League of Cities Page 1 of 2 City Summit I Annual Conference of the National League of Cities NLCSUMMIT 7-iG November 2018 Los Angeles Convention Center NATIONAL LIASUE OF CITIES t , '94 a ;. Registration Fees "WS Wick"M ytw r M' i' Fees:MVIstam Val itl tJnt�t V Val id 071[5t 1 Until Starting 116118 11M16 if your munupalfly is a member of the NaEonai League of Cities Sw SM $745 If your municipality is a atember of your state sw municipal league( L) $755 SM Noa4AOvberxxtw SM SLID 1 FAttendee S460 SM SM $455 MOW(1 Fme 'Youth ChaperonWAdull Ally( not be elected1 officials) 701 { special rate}or d1swunt on the tuts Conference regisUdlian(ldernber S5W SIAL Member ) gistration is limited for Youth Delegates and Cheaerww to Me Congressional City and City Summit Corderenm and is webomed on a first-come,0rst- Group { .its to UM In all the MMMM hu to offeirom on Your haps://citysummit.nlc.org/rat& Pagg/�ggf 633 Hotel Information»City Summit I Annual Conference of the National league of Cities Page 1 of 2 City Summit I Annual Conference of the National League of Cities NLCSUMMIT 7-90 November 2018 Lens Angeles Convention Center NATIONAL LEAGUE W VJI q1 Hotels ( m)- The LWE-SM sheram Grand-SIM $277 S219 f The conference Will take place at the Los AnI Convention Conference Map ..,w+.+..x�.+.>,„ SUMMIT >i c ' a n,ewaakn LA M . WN4-�cfl'e: p q Hatd I dyo danmfaam ` y, jvic ' Nvsd 6m M�lm .4fwri,Wax P9a�u4 e ! �,a� 5$ 1'm�s�+I+.fynY rlm ISTRICT w wr e« HISTORIC DAIsw Vltm era�r9LA.�wtn .xNEIL t hqs://citysummit.ntc.org/hotel-information/ PagI@/5�Aqf 633 SCHEDULE AT-A-GLANCE>)City Summit I Annual Conference of the National League of Cities Page 1 of 2 City Summit I Annual Conference of the National League of Cities gg 7,19INovamuh2E78 Los Angeles Convention Genter NLCSUMMIT Tool 1. of IT1 1 % Schedule At-a-Glance Tewdve Schedule of Evenft and Mwel Plannor.Events and Unsing subject to change TUESDAY, NOVEMBER 6,2018 ReOsMon E Ask PLC Open ohmoon) WEDNESDAY, NOVEMBER 7,2018Reghkabon&Ask NLC Open 6M DW) ) (L ) } ) THURSDAY,NOVEMBERS,2818 ROWSOMM6 Mk NLC Open(AM Day) (EAV ) 300M Scows ) ) ) NC ) } Wentlese Lunch In BW Ka ) } ) ) FRIDAY, NOVEMBER 9,2018 hqs:flcitysummit.nlc.org/schedule-overview/ Pagl3'21gf 633 SCHEDULE AT-A-GLANCE i>City Summit I Annual Conference of the National League of Cities Page 2 of 2 RegISIratMA ASIK NSC Open(AM rAyj Generai Sessm(mortAng) EVO Hal ind Manget square OW ju Day) CWksame WWWWAN(AlWay) NILC Sqafthl ThoWei Open AM "Arwlftv.DMI in D*0 Hall p-unchtale) WraArco wco MWrQ5 tette wan) swe LaqW aM AMM-411 E-mots(Evmg) SATURDAY,NOVEMBER 10,2018 f&,94$VMK,'W5 A ASX NLC Open(0XnWQ) C"Irm"VnWK%bW4(W,(XTWV) Closmg GefwM Eessw and Deftaleb Lunchew(Limmm) Annual eus meebng iffier rmnl Wist CAy Qowng Event I, les conference-wide meal,included in the cost of"isbabon hqs://citysu=it.nlc.org/schedule-overview/ Pagpl�j),%f 633 1 1 1 RESOLUTION NO. R 07- 15� 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 ESTABLISHING A TRAVEL POLICY; RESCINDING 6 ALL PREVIOUS RESOLUTIONS AND POLICIES 7 GOVERNING TRAVEL BY THE CITY COMMISSION; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach desires to establish 11 a travel policy to provide for an administrative process by which each member of the 12 Commission would obtain concurrence of a majority of the members of the City Commission 13 for approval of travel expenditures; and 14 WHEREAS, passage of this Resolution will rescind all previous Resolutions and 15 policies governing travel by the City Commission; 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 18 Section 1. The foregoing "WHEREAS" clauses are true and correct and 19 hereby ratified and confirmed by the City Commission 20 Section 2. That the City Commission of the City of Boynton Beach does hereby 21 establish a Travel Policy, a copy of which is attached hereto as Exhibit"A". 22 Section 3. That any and all previous Resolutions and/or Policies governing travel 23 are rescinded. 24 Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 33 of 633 it 1 PASSED AND ADOPTED this 18 day of December, 2007. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 or—Je aylo 7 8 !, 9 Vice M r—J odli ez 10 11 • 12 Commis'�sioner—Ronald Wei an 13 14 c 15 Commissioner—Woo . Hay 167 18 Commissioner—Marlene Ross 19 ATTEST: 20 21 p � . 22 ol 23 Jaiiph M. Prainito, CMC 24 y Clerk 25 26 27 28 (C Sear 29 30 SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 34 of 633 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1 . Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 35 of 633 City of Boynton Beach City Commission Gt�IVFE�t��E=�&°�'�tA1��F�ECt' ��►T Date of Request: 2008 City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: Date NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 36 of 633 5.B. ADMINISTRATIVE 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 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 Historic Resource Preservation Bd: 1 Reg Senior Advisory Board: 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 37 of 633 ATTACHMENTS: Type Description D Other Appointments 6-19-18 Page 38 of 633 APPOINTMENTS AND APPLICANTS FOR JUNE 19, 2018 Arts Commission � Mayor Grant Alt 2 yr term to 12/19 1 Katz Alt 2 yr term to 12/19 Applicants None Building Board of Adjustments and Appeals III Romelus Alt 2 yr term to 12/19 Tabled (2) Mayor Grant Alt 2 yr term to 12119 1 Katz Reg 3 yr term to 12/18 IV Casello Reg 2 yr term to 12/19 Tabled (2) Applicants None Employee Pension Board Mayor Grant Reg 4 yr term to 12120 Tabled (2) Applicants None Historic Resource Preservation Board III Romelus Reg 2 yr term to 12119 Tabled (2) Applicants None Senior Advisory Board 11 McCray Alt 2 yr term to 12119 Tabled (2) III Romelus Alt 2 yr term to 12/19 Tabled (2) Applicants None Page 39 of 633 6.A. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-080-Authorize the City Manager to sign an interlocal agreement between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for law enforcement services in connection with administering the manatee protection conservation program. EXPLANATION OF REQUEST: Term of Interlocal Agreement: November 15, 2018 - March 31, 2023 The Board of County Commissioners has established and is administering a program of conservation that provides for increased law enforcement presence in the County's waterways as one means of greater manatee protection. The I nterlocal Agreement allows for the use of law enforcement officers from the Boynton Beach Police Department and for the reimbursement for law enforcement services at a rate of$87.50 per hour for services performed under the I nterlocal Agreement. The City of Boynton Beach and Palm Beach County have had I nterlocal Agreements over the past several years for the same services. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: The funds received for services will cover the overtime hours worked and go towards fuel and maintenance of the marine boat. Previous years reimbursement: FY 16/17 $30,275 FY 15/16 $22,610 FY 14/15 $19,160 ALTERNATIVES: Do not approve the resolution. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Page 40 of 633 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving ILA with PBC for Police Services regareing Manatee Protection Program D Agreement I ntrelocal Agreement Page 41 of 633 1 RESOLUTION R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN AN INTERLOCAL AGREEMENT 7 WITH PALM BEACH COUNTY FOR LAW 8 ENFORCEMENT SERVICES IN CONNECTION WITH 9 ADMINISTERING THE MANATEE PROTECTION 10 CONSERVATION PROGRAM; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, Palm Beach County has established a program of conservation that 15 provides for increased law enforcement presences in the County's waterways as one means of 16 greater manatee protection; and 17 WHEREAS, this Interlocal Agreement allows for the use of law enforcement officers 18 from Boynton Beach Police Department and for the reimbursement at a rate of$87.50 per hour 19 for services performed under the Interlocal Agreement; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 21 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton 22 Beach to approve and authorize the City Manager to sign the Interlocal Agreement with Palm 23 Beach County which expires March 31, 2023, for law enforcement services in connection with 24 administering the manatee protection conservation program. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 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. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\6F9F1F34-B58A-4E36-BODS-E17ECCE4E054\Boynton Beach.10928.1.ILA with PBC for Law Enforcement Services_-_Manatee_Program_-_Reso.doc Page 42 of 633 30 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 31 the City Manager to sign an Interlocal Agreement between the City of Boynton Beach and Palm 32 Beach County which expires March 31, 2023, for law enforcement services in connection with 33 administering the manatee protection conservation program, a copy of said Interlocal 34 Agreement is attached hereto and made a part here as Exhibit"A". 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of , 2018. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 City 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 52 VOTE 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 63 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\6F9F1F34-B58A-4E36-BODS-E17ECCE4E054\Boynton Beach.10928.LILA with_PBC for Law Enforcement Services_-_Manatee_Program_-_Reso.doc Page 43 of 633 INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made this day of 2018, between City of Boynton Beach, hereinafter referred to as "Contractor", and Palm Beach County. a political subdivision of the State of Florida, by and through its Board of Commissioners (hereinafter "County"), hereinafter referred to collectively as the "parties." WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either and- t�govemmental entity's authorized functions- WHEREAS, in October of 1989, the Florida Governor and Cabinet directed thirteen (13) "key" manatee counties, including Palm Beach County, to prepare a Manatee Protection Plan ("MPP"); and WHEREAS, on August 21, 2007, the Board of County Commissioners approved a MPP that provides for increased law enforcement presence in the County's waterways, as one means to provide greater manatee protection; and WHEREAS, on December 18, 2007, the Board of County Commissioners approved a Resolution(2007-2277)with a standard form Interlocal Agreement with law enforcement agencies for an increased law enforcement presence in the estuarine waters of Palm Beach County during manatee season which was later amended in August 19, 2014 (82014-1193)-, and WHEREAS,studies perfon-ned by the Florida Fish and Wildlife Conservation Commission has demonstrated that the increased law enforcement presence is the most effective means to gain compliance with boater speed zones; and I Page 44 of 633 WHEREAS, the pat-ties wish to enter into an agreement for the provision of an increased level of marine law enforcement services during manatee season, as provided herein. NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the Contractor and the County agree as follows: 1) Recitals The recitals set forth above are true and correct and form a part of this Agreement. 2) Purpose. The purpose of this Interlocal Agreement (the "Agreement") is to provide for additional marine law enforcement services within estuarine waters of the County during manatee season, which begins November 15th and ends the following March 31 st. The law enforcement services provided herein are intended to, be in addition to the level of law enforcement services already provided by the Contractor and are not a replacement for said services. 3) Location of Law Enforcement Services The Contractor shall provide marine law enforcement services, hereinafter referred to as I.services, within the geographical area over which it has jurisdiction to enforce the law, such shall be hereafter referred to as the "Enforcement Area"and is included within the estuarine waters of Palm Beach County which are more specifically described in Exhibit A. 4) Responsibility of Contractor A. The Contractor shall enforce State statutes, administrative rules, local and County ordinances related to vessel control, marine resource protection, and manatee protection; assist in the investigation, apprehension, and prosecution of violators of existing boat and manatee protection speed zones; assist in the monitoring of waterway markings and regulatory signs in the Enforcement Area; and assist in educating boaters about manatee and boater safety issues, B. During the term of this Agreement, the Contractor shall provide law enforcement officer(s)to patrol the waters of the Enforcement Area and to enforce all applicable laws. The law enforcement officer(s) shall provide services on Saturday, Sunday and Martin Luther King and President's Day between the hours of 6 A.M. and 6 P.M. During the term of this Agreement, the Contractor shall provide law enforcement services on any day or times aside from a Saturday, Sunday and the above-cited holidays at the request of the County. Requests for the provision of law enforcement services on a day or days in addition to the regularly scheduled days or times shall be made in writing prior to the date when such services are needed. C. The Contractor shall furnish and supply all labor, supervision, equipment (including but not limited to a vessel.), insurance, and supplies necessary to perform under this Agreement. D. All marine officers performing services pursuant to this Agreement must be knowledgeable of State statutes,administrative rules,local and County ordinances related to vessel control, marine resource protection, manatee protection, existing boat and manatee protection speed zones, waterway markings, regulatory signs in the enforcement areas and must have the 2 Page 45 of 633 knowledge necessary to assist in educating boaters about manatee and beater safety issues. The County may request documentation of training and experience of each officer who performs services under this Agreement to ensure that such officers are qualified to perform services pursuant to this Agreement. E. The Contractor shall submit invoices for payment to the County on a monthly basis. Invoices shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be in sufficient detail for pre-audit and post-audit review (.Exhibit B). The Contractor shall provide the following infoi-rnation with the invoice: Standard Marine Enforcement Daily Deport Form (Exhibit C); documentation of warnings and citations issued to violators by the Contractor and monthly payroll documentation for hours worked by any officer who perforins services under the terms of this Agreement. Unless explicitly requested by the County,the County will not reimburse the Contractor for the presence of more than one officer per boat. F. In the event that during the term of this Agreement an officer issues a citation, which is challenged in the Palm Beach County Circuit Court, the Contractor shall immediately inform the County. The County will then determine whether the Contractor will be reimbursed. under the terms of this Agreement for the time expended by the officer to attend such court proceeding. 5) Responsibility of the County A. The County will reimburse the Contractor for law enforcement services as provided for herein at the rate of$87.50 per hour per officer for on-water enforcement activity and approved court proceedings, which includes the cost of salaries, fringe benefits, and all other services and expenses incurred by the Contractor in the fulfillment of this Agreement. The County will reimburse the Contractor on a monthly basis at the rate provided herein, provided that a proper invoice detailing such services is received and approved by the County. In no event shall the total amount paid to the Contractor by the County exceed a total amount set annually by the County by October 1st of each year, which will be defined in an award letter ("Award letter") sent to the Contractor each year prior to the beginning of manatee season. B. The County may perform an evaluation of each Contractor after January 1511 of each year to assess the quality and quantity of services being performed by the Contractor between November 15 and .January 15 of each year. If it appears that the Contractor is not providing sufficient law enforcement services to expend the funds set aside for the Contractor per the Award Letter, the County may issue an arnended award letter ("Amended Award Letter") to the Contractor reducing the funds set aside for the Contractor in the Award Letter so that such funds may be reallocated to more productive Contractor(s). 6) Effective Date and Term of the Agreement This Agreement shall take effect November 15, 2018 and shall terminate on March 31, 2023, unless earlier terminated as provided herein or extended by the parties. 3 Page 46 of 633 7) Authorized Representative A. The County's authorized representative is the Director of the Department of Environmental Resources Management, (561) 233-2400, West Palm Beach, Florida, or designee, B. The Contractor's authorized representative is Officer Jaclyn E. Smith, (561) 742-6195, or his/her successor. 8) Independent Contractor A. The parties shall be considered independent contractors, and no party shall be considered an employee or agent of any ether party.Nothing in this Agreement shall be interpreted to establish any relationship Cather than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. l'`<lo person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the rather party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. B. All employees and agents of the Contractor who perform any act or service under the terms of this Agreement shall at all times be considered employees of the Contractor and not of the County. The Contractor will be responsible for supervising,disciplining,and setting policies pertaining to terms and conditions of employment for those employees performing Services as provided herein. C. The Contractor does not have the power or authority to bind the County in any promise, agreement or representation. 9) Payment A. For reimbursement to occur,the Contractor shall submit invoices to the County that shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be itemized in sufficient detail for prepayment audit thereof The Contractor shall provide additional documentation to support any invoice if requested by the County. Invoices received from the Contractor shall be reviewed by the Department of Environmental Resources Management and upon approval shall be sent to the County's Finance Department for final approval and payment. Invoices will normally be paid within forty-five (45) days of receipt. In the case of a dispute involving the amounts due to the Contractor, payment may be delayed. B. In order for both parties herein to close their books and records at the conclusion of each manatee season,the Contractor will clearly state "final invoice" on the Contractor's final/last invoice to the County. This shall constitute the Contractor's certification that all services have been properly performed and all charges and costs have been invoiced to the County. Any other charges not properly included on this final invoice are waived by the Contractor. 4 Page 47 of 633 10) Compliance with Codes and Laws Each party agrees to abide by all applicable laws,orders, rules, and regulations in the performance of this Agreement.. 1.1)Access to Records and Audits The parties shall maintain, in accordance with generally accepted governmental auditing standards, all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of'this Agreement including supporting documentation. The parties shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only upon reasonable notice, time and place. In the event that the paries should become involved in a legal dispute with a third party arising from performance under this Agreement, the parties shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be -Wade readily available to the parties. Palen Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the Contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, 'Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the sane manner as a second degree misdemeanor. 12)Funding This Agreement is expressly contingent upon annual appropriations by the Palm Beach County Board of County Commissioners. 13)Notice Any notice required or permitted to be given under this Agreement shall be in writing and shall be hand delivered, faxed, or mailed (by certified mail, return receipt requested) to the respective addresses/recipients specified below: As to the Contractor: City of Boynton Beach Attm City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Fax: 561-742-6011 5 Page 48 of 633 Cagy to: Boynton Beach Police Department Attn. Officer Jaclyn E. Smith 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Fax: 561-742-6847 As to County: Palm Beach County Director of Department of Environmental Resources Management 2300 N. Jog Road - 4th Floor West Palm Beach, FL 33411-2743 Fax: (561)233-2414 Copy to: Palm Beach.County Attn.: County Attorney for ER.I'+El 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401. All notices required by this Agreement shall be considered delivered upon receipt. Should any party change its address, written notice of such neve address shall promptly be sent to the other party. 14)Default, Termination, Opportunity to Cure A. The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement,the party not in default shall provide to the defaulting party ten (10) days written notice as an opportunity to cure the deficiency before exercising any of its rights. B. Either party may terminate this agreement without cause by giving thirty(30) days prior written notice. 15)Waiver or Breach It is hereby agreed to by the parties that no waiver or breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 16)Indemnification The Contractor shall be responsible for the acts of its officers, agents and employees, arising during and as a result of their performance of the terms of this Contract or due to the acts or omissions of the Contractor. 17)Insurance A. Without waiving the right to sovereign immunity as provided by s.768.28,f s., the Contractor acknowledges to be self-insured for General Liability and Automobile Liability under 6 Page 49 of 633 Florida sovereign immunity statutes with coverage limits of$200,000 Per Person and $300,000 Per Occurrence-,or such monetary waiver limits that may change and be set forth by the legislature. R In the event the Contractor maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28,1.'s., The Contractor shall agree to maintain said insurance policies at limits not less than$500,000 combined single limit for bodily injury or property damage C. The Contractor agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. D. When requested, the Contractor shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the County agrees to recognize as acceptable for the above mentioned coverages. ECompliance with the foregoing requirements shall not relieve the Contractor of its liability and obligations under this Agreement. 18)Applicable Law Any litigation arising from or relating to this Agreement will be governed by the laws of the State C, of Florida and the venue in any such proceeding will be exclusively in Palm Beach County, Florida. 19)Severability In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held to be invalid by a court of competent jurisdiction, such will not affect the remaining portions of this Agreement and the same will remain in full force and effect, 20)Enforcement Costs Any costs or expenses, including reasonable attorney's fees, associated with the enforcement of the terms or conditions of this Agreement will be borne by the respective parties. This provision pertains only to the parties to the Agreement. 21)Counterparts This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original, all of which together will constitute one (1) and the same instrurnent, 22)Captions The captions and section designations set forth herein are for convenience only and have no substantive meaning. 23)Exhibits The Exhibits referred to and attached to this Agreement are incorporated herein in full by this reference. 24)Assignment This Agreement is not assignable by either party, 7 Page 50 of 633 25)Equal Opportunity The County and the Contractor agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, familial status, marital status, sexual orientation, gender identity or gender expression, or genetic information be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of the Agreement. 26)Construction This Agreement shall not, solely as a matter ofjudi.cial construction, be constructed more severely against one of the parties than the other. 27)Modification and Amendment Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formalities used to execute this Agreement. 28)Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all ether negotiations, representations, or agreement, either written or oral, relating to this Agreement. 29)leo Third Party Beneficiaries No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and/or the Contractor. 30)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 or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 31) Public Records Notwithstanding anything. contained herein, as provided under Section 119,0701, FS,, if the Contractor (i) provides a service, and (ii) acts on behalf of the County as provided under Section 119.011(2) E.S., the Contractor sha11 comply with the requirements of Section 119.01701, Florida Statutes, as it may be amended from time to time the Contractor is specifically required to: Keep and maintain public records required by the County to perform services as provided under this Agreement. Upon request from the County's Custodian of Public Records provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. The Contractor further agrees that all fees, charges and expenses shall be determined in accordance 8 Page 51 of 633 with Palin Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the agreement tenn and following completion of the Agreement, if the Contractor does not transfer the records of the public agency. Upon completion of the Agreement, the Contractor shall transfer, at no cost to the County, all public records in possession of the Contractor unless notified by the County's representative/ liaison,on behalf of the County's Custodian of Public Records,to keep and maintain public records required by the County to perforin the service. If the Contractor transfers all public records to the County upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Contractor Deeps and maintains public records upon completion of the agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically by the Contractor must be provided to County, upon request of the County's Custodian of Public Records, in a format that is compatible with the information technology systems of County, at no cost to the County. Failure of the Contractor to comply with the requirements of this article shall be a material breach of this Agreement. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. Contractor acknowledges that it has familiarized itself with the requirements of Chapter 119, F.S., and other requirements of state law applicable to public records not specifically set forth herein. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT", 301 N. OLIVE AVENUE, WEST PALM BEACH FL 33401, BY EMAIL AT 11B( (T() ()R6 OR BY TELEPHONE AT 561- 355-668{1." q Page 52 of 633 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written, ATTEST: PALM BEACH COUNTY FLORIDA, fort its BOARD OF COUNTY COMMISSIONERS By: Deborah Drum, Director Environmental Resources Management APPROVED TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY: AND CONDITIONS: County Attorney Deborah Drum, Director Environmental Resources Management APPROVED TO FORM AND CITY OF BOYNTON BEACH LEGAL SUFFICIENCY: By: City Attorney Lori LaVerriere, City Manager 10 Page 53 of 633 Martin Cawrty ., 8 A c IMF— F .. The25 mph soca nous inhhk l4`V✓ �' 'h noel Ihl aroo. y ;•d y tlh�eRarzf t4 3&ihW 4 ;✓ d�4'- 4P 707 > q ti-ape West A .[ } �+ ` •t/ri Q Palm . sates soe«a�. . Beach, ' fA 0 t a NM Ynx 0 tl 4 Ya l l C ' --ii ad e'9,mDh in:r snort ev,Mrt dJ w t9 ryIi8an0 , 1 j ` '/1,� Sbx ed ith 6 S' I,eee VF6tp,RIN � P?I a"elwre-•..Y I I al 9 —.AraE9n&CpTS RAAH"9ftEn '''; Tilsscha§aE 6"''�5 a `+ ry u Map A Map B Map B Quick Reference Guide hrar9§ra6aarx= q+ 1xa9nrul8us.. NmliauMal aanm 3` r N«H,niefnerehan m 5p®ed P-li �Moa SPhaa,allnk—W.ka Wes Speea,No w.h. In Cases Where seasonal m"'otee zones overlap less restrict-yeai-round Zones the seasonal zones are � depicted. Gar mfti"ation an the specific zones,see t'Jeesi1ed Speed Zane Kr below. t7 1 2 3 4 Mlles Pala Beach County Waterway Speed Zones Map D Map E Map F D f emu Gene South L.N.Worth Ie+sYraronl enl�! a E �i a P:� � 1 4 €apt re r l a wGanA jI j v Ilk c e ` f EiOyfltl7f} rPf•f( H.t».., Beach j i , --tpvaras9h9 na I � ' m 0 3 05 ea S10%,Speed it/in o0 of,score ' xma9p,.a 5p mph in channel lube l-Sept 30 25 mph in chmnel remainder of the year ef N.n<ena ka f Baca Rafan Delra4i ;! Dery F 1 Deaf: o w n - • .s1=.ME Ssh 89'. Vvrn s E ' f AFianHe HlVtl I 5N169 t i, iD I, rvaervma P'A as f r e I � t ' el 11 a Bock, dIWS fintet €tet .T.r.1,G mi iSouth Lake Worth (Saytun)Nan p 1 s—rd ervraha v E t Pi t d � PuE��r&raa fYHnFR¢ Nervafae SPaea Zarvae 4��Igw SReaa nxn aaNs Gd+iS•3137 1 trxd I�w�nannel �i ip�f�g�R r^p�'[Qrt-sr'i raaxizsmch res9 o[qr ;9—saw.run wake chennW ina sera `\ ��", �4ry � �lJnre7lukal�i N'a18r6 Ill{��IH x 25 mPYa mea iVr ourvct -�!g!e SPe99 rv§W�a!Sita$-3^S`' '?0-1 J� _ •] B atinrl 3atsiy2c9ias VOW&R@Btl owtp wok chaf5eiet OxemRt 11115 ais1 kala$peetl nP Wako eir ri94rini 1 pr ponied �• � V'-�-.�° e VZ11A a— `!ika'3r+pea a©vdtak4a,ti cr ,n rlx ctl.hl�hcd ht 4 NC incl deli»i"rl in hnt.`t,Sil. c,m,m�taa T Notairaxd t�xaVi»,� �/`."`r�slrwr SPaetl tdlrlm�It'bke --- P6ge 54 of 633 p _"t"17(13nam Snfln lanes}Ind rAC 6K 22.00a(Nfaam-Zones)-Fcrr om ire infaa,natic-in comae!Ptk C la !-fi(aFk'l"5-6771. EXHIBIT B Payment Request Law Enforcement(LE) Manatee Contract Agreement I Contractor 2. Contract# 3. County Resolution# 4, ERM Account# 5. Date of Request 6, Reimbursement Request Number 7. Period From 'To S. Send Remittance to: Reimbursement Details 1. Total Hour,;Worked(attach back-up documentation) 2. Number of Officers(attach back-up documentation) 3. Original Contract Amount $ 4. Cumulative Aniount previously requested $ 5. Arnount requested for reimbursement $ 6. Balance remaining after this amount S I hereby certify that the information provided herein is true and accurate and in compliance with the contract. Signature: Date: Printed: 'Title: Phone: Fax: SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: Department of Environmental Resource Management 2300 North Jog Road 4"Floor West Palm Beach,Florida 33411 (561)233-2400 Page 55 of 633 EXHIBIT AGE Today's Date: Weather: (circle all applicable) Boat Engine Hours: Sta rt End On the Water Hours for the Day: Written Warnings Manatee Zone Warnings Total Citations Manatee Zone Citations Education Contacts Complaints Dispatched Location Patrolled AgencylBoaters Hours Additional information: Issues while on the water I certify that the above information is true and accurate to the best of my knowledge. Print Name Signature Page 56Of633 'TUB-M-008-T @ BMJ 33e3uo3 uo13eumc4up avow JOJ•(sauoZ aa3eueW)800`ZZ-]89 3VJ Pue(s euez ,Awes meog)awt-r-a89 ova u!PauvaR PUe Dmd Aq PO4s11gelsa ajam sauoz Paads Aejua3eM:aloN �'. }li ss s s!t s , � --f)+1 It r4iSili7 i1F1rs1 Ss{l4{k 31s>4�I�{}} ;\i\rsr si i{ S�tt,s l Ls\trSsss �ieAS 'Msds@�} A11104a, 9 ANi } t �I l'jl�i ' +t 7i �r. s S s�r$�S} r9F�'4l6F RM'M #4'ryk' I I rlfAiM4''�' #, Z+ - �,: eA� sssLLLLLL l� I � �iP 'k91 sM�M Orf sR ul N d —a +�l�s,�naegf! wp 4WfAAn1" 1a 4 i nwa'w WrrI VQRMB"a' f - F - Grp i { 1 At- SNUB/ SNUB/ # - k-- !ea oja WDM WST a43 f �eu�as�auue43 �4d r 1 obey aaog E ld un �auue43 ul 4dw 4E �� !�f _ ;G,As /-POWs x+95 0 r s � 7�41WulI�g EEE I dVW �3 c� Il1( .� 3 — y,Q dTdf+31 sauoZ paadS hemialeAA Aluno:) peaq wled -Olaq AaM auaZ PaadS paifMoa aas`seuoz a{jr3ads eq]uo ua9ewroJui Jo= PaPidap ale sauoz leuoseas eqj'sauoz punoi-aaad anrpugsal ssal detaano sauoz eapeuaw leuoseas aJO4,w SOS u\ ! ♦�IMf�'�I's10''A1PlS "n"VIN 'W9 a ✓ st'�D �fk�ol�„ t' �'��,IJAW.' 4NaY fP{S �� s„�,.,1, ,fir �� r4 _s;✓ � It� t 6A��#[uR�,� ap)ne aouaaalaM nalno 6 w D"iIF�1fVl� �� 's� � ��Ivw 1 �' `:� Ft GVW pmr \ iilU1p4L 4+P5 kWyH i�PVtl la3_..... \ Y 4,0+1 MSW�`a1S i � I wm § g ' tx i/ w44 f 3 _ !C"" u_. 1 ! fi r-op o § �u g, `"f Py3eag w 1 , Maid p'Tgl °� + SOM ` y 1 7+ti'ww' r a s ry it Em y-+ -,- @rte V ilaIHX3 Page 57 of 633 6.B. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-081 -Approve the temporary road closure of the lanes in the 2000 Block of State Road 5 700 feet of the right lane heading Northbound and 400 feet of the left lane heading Southbound on Wednesday, July 4, 2018 for the annual 4th of July Celebration, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. EXPLANATION OF REQUEST: The closing of a state road requires a permit from FDOT which must be requested by an authorized official of the city. The road closure will be from approximately from 2:00 pm- 11:00 pm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The temporary re-routing of traffic. FISCAL IMPACT: N/A ALTERNATIVES: Do not approve the road closure. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving the Temporary Road Closure for annual 4th of July Celebration Page 58 of 633 I RESOLUTION NO. R18 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE TEMPORARY 5 CLOSING OF THE LANES IN THE 2000 BLOCK OF 6 STATE ROAD 5 AS NOTED MORE SPECIFICALLY 7 HEREIN ON WEDNESDAY, JULY 4, 2018 FOR THE 8 ANNUAL 4TH OF JULY CELEBRATION AND 9 AUTHORIZING THE CITY MANAGER OR HER 10 DESIGNEE TO APPLY FOR STATE PERMITS FOR 11 THE TEMPORARY ROAD CLOSING; PROVIDING 12 FOR EFFECTIVE DATE. 13 14 WHEREAS, the City of Boynton Beach's annual 4th of July Celebration is scheduled 15 to be held on Wednesday, July 4, 2018; and 16 WHEREAS, in order to provide for the safety of the participants and citizens 17 attending the celebration a portion of State Road 5 in the 2000 block including 700 feet of the 18 right lane heading Northbound and 400 feet of the left land heading Southbound will be 19 required to be closed beginning at 2:00 p.m. until 11:00 p.m.; and 20 WHEREAS, the Florida Department of Transportation requires the local government 21 to authorize all temporary road closures on state roadways; and 22 WHEREAS, the City Commission of the City of Boynton Beach desires to authorize 23 the temporary closing of a portion of State Road 5 in the 2000 block on July 4, 2018, to 24 provide for the safety of the participants and citizens attending the 4th of July Celebration; 25 and 26 WHEREAS, the City Manager (or her designee) is authorized to apply for the permit 27 for temporary closing of state roads for special events, pursuant to Chapter 14-65, Florida 28 Administrative Code, for said temporary closings; 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 3o THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "WHEREAS" clauses are true and correct and 32 hereby ratified and confirmed by the City Commission 33 Section 2. That the City Commission of the City of Boynton Beach authorizes the 34 temporary closing of State Road 5 in the 2000 Block including 700 feet of the right lane C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\23F48177-E245-4460-87E6-911BF74B6C8E\Boynton Beach.10927.1.Road Closings4th_of July (2018)_-_Reso.doc Page 59 of 633 35 heading Northbound and 400 feet of the left land heading Southbound on July 4, 2018 for the 36 annual 4th of July Celebration. 37 Section 3. The City Manager (or her designee) is hereby authorized to apply for 38 permits from the Florida Department of Transportation pursuant to Chapter 14-65, Florida 39 Administrative Code, for said temporary closings. 40 Section 4. That this Resolution will become effective immediately upon passage. 41 PASSED AND ADOPTED this day of , 2018. 42 43 44 CITY OF BOYNTON BEACH, FLORIDA 45 46 YES NO 47 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 61 ATTEST: 62 63 64 65 Judith A. Pyle, CMC 66 City Clerk 67 68 69 70 (Corporate Seal) C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\23F48177-E245-4460-87E6-911BF74B6C8E\Boynton Beach.10927.1.Road Closings4th_of July (2018)_-_Reso.doc Page 60 of 633 6.C. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-082-Authorize the Mayor to sign a Partial Release Agreement for a Water Service Agreement executed in July 1983 with Jamaica Bay, Inc. EXPLANATION OF REQUEST: Palm Beach County is proceeding with a condemnation of certain property owned by Jamaica Bay, Inc. The subject property is land for right-of-way purposes. Jamaica Bay, Inc. is located on the east side of Military Trail, just south of Gateway Blvd. Representatives for Jamaica Bay have requested this partial release so that it will not interrupt any existing water service agreement between the City of Boynton Beach and Jamaica Bay, Inc. and Palm Beach County will not have to proceed with condemnation of certain property, but claim the right-of-way for use in a cooperative manner. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No effect FISCAL IMPACT: None, the partial release is for a right-of-way use for Palm Beach County. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 61 of 633 ATTACHMENTS: Type Description Resolution approving Partial Release of D Resolution Agreement for Water Service outside the City Limits with Jamaica Bay D Agreement Partial Release of Water Service agreement D Location Map County appraiser's property details Page 62 of 633 1 RESOLUTION R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE 6 MAYOR TO SIGN A PARTIAL RELEASE OF 7 AGREEMENT FOR WATER SERVICE OUTSIDE THE 8 CITY LIMITS WITH JAMAICA BAY, INC.; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, an Agreement for Water Service Outside the City Limits was recorded in 12 favor of the City of Boynton Beach and recorded on July 7, 1983 in Official Records Book 13 3984, Page 0670 in the Public Records of Palm Beach County; and 14 WHEREAS, the County of Palm Beach has requested that this Partial Release of 15 Agreement be executed incident to an intended condemnation of certain property owned by 16 Jamaica Bay, Inc.; and 17 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 18 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton 19 Beach to approve and authorize the Mayor to sign the Partial Release of Agreement for Water 20 Service Outside the City Limits with Jamaica Bay, Inc. 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 hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 27 the Mayor to sign the Partial Release of Agreement for Water Service Outside the City Limits C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C4FDAB9F-9434-4F11-98C5-8D909C8AC3C8\Boynton Beach.10929.1.1'artial_Release_of Agreement for WS Jamaica Bay_-_Reso.doc Page 63 of 633 28 with Jamaica Bay, Inc., a copy of the Partial Release is attached hereto and made a part here as 29 Exhibit"A". 30 Section 3. That this Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this day of , 2018. 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 City Mayor— Steven B. Grant 37 38 Vice Mayor—Christina L. Romelus 39 40 Commissioner—Mack McCray 41 42 Commissioner—Justin Katz 43 44 Commissioner—Joe Casello 45 46 47 VOTE 48 49 ATTEST: 50 51 52 53 Judith A. Pyle, CMC 54 City Clerk 55 56 57 58 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C4FDAB9F-9434-4F11-98C5-8D909C8AC3C8\Boynton Beach.10929.1.Partial_Release_of Agreement—for—WS—Jamaica Bay_-_Reso.doc Page 64 of 633 T z, Sron=Groprh Esq. GROUPLEVINE LAW YOUR COINJUUNITY PlNER111 .M Ay 8TM L E. LAW GRW www.idawgroup® com I I edilcom Cox*and hourarm China Please e to the Boca OfFACe j caraumaw Dot" rt i Eab Cliaungs March The i of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach,Florida 33435-0310s. JAMAICA I t. FOR WATER SERVICEI CI ti I !A To Whom It May Concern: This letter Is to advise you that we represent Jaica Day, Inc., a mobilecooperative association, which is facing a potential condemnation r c direg by Palm Beach County, Florida. h soci tion is attempting o resolve this matter without the filing of a condemnationy the County. of the conditions ire y the urs is to have you partiallyrelease your Agr t rights r the propertycondemned. I enclose a proposedPartial Release of Agreement. If you have any problems regarding executingpartial release, I a let me know as soon as possible. Otherwise, please fully execute the enclosed Partial Release and return for delivery to the Countyand ultimate recording in the public records Palm BeachCounty, FI rl ar For your convenience, i enclose the Agreement i is subject to the Partial . As you have ios, please I me. trulyVery rs, Jay Steven I J s Ertclosures Copy to:The Board of Directors—Jamaica y, Inc. (with enclosures) i it BWA tom: 2W N.ffilh7 Tfd,&ft 213, t T.I I SM26 N (W) FAL'A BFACHQAWWws il 62rdmft 33410 T: (111)4MRS : i i Page 65 of 633 fOR W, CE OUT' ME THE UPY LIMITS THIS l ASS OF AGREEMENT is executed y THE CITY OF BOYNTON BEACH, as of the datebelow. WHEREAS, an Agreement for Water Service Outside the City Urnft ("Agreement") as recordedin favor of The City of Boyntan Beach and recorded Orr July 7, 1983 in cial Recon Book , at Page 0670, Public Records of Palm BeachCounty, Florida; the County of Palm Beachs requested that this Partial Release of Agreement ("Partial le e executed incident to an intended condemnationf certain property t "Condemned Property") attached hereto and made a part of this Partial Release as Exhibit ". The Condemnednope s owned by Jamaica Bay, Inc., as described in Section below. WHEREAS, CitV of Boynton Beach understandst t pursuantt e tin proceeding the ori of Palm Beachrequires the Partial Release of Agreement tot e extent crossing er, on or over the Condemned Property, WHEREAS, The City ynton Beach is amenable to releasing its Agreementr, on and over such o THEREFORE, for the consideration of avoiding an action from the County of Palm c toterminate the Agreement over the Condemned Property, The City of Boynton Beach ares as follows: Section Recitals- sl er tl r e above vitals are true and correct and incorporated Into this Partial Release. The Cityof Boynton Beach agrees that the consideration is adequate and sufficient. Sedlon 2. foo ro t to t is i I lease. The real property subject to this Partial Release is attached to and made a part of this Partial Release as Exhibit "'A , Page 66 of 633 By the execution of this Partial Release, The City of Boynton Beach hereby releases its Agreement below,on and over the CondemnedProperty. IN WITNESS WHEREOF, this Partial Release of Agreement has been executed this ay of WITNESS: IFLORIDA By: Vice Mayor AITEST: As t City f Boynton ., ��,ty C Ierk STATE OF FLORIDACOUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me an officer duly authorised in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared ---.—Mayor and City Clerk well known to me to be the Vice Mayer and City Clerk respectively of the aty named in the of r rpt and that they severally c i e cu in same in the presencetwo subscribingwitnesses l and voluntarily under authority my vested In them by said i n that the City seal affixed theretois the truecorporate seal ofI said it . WITNESS my hand and official seal In the County and State last aforesaid this (Notary Seat) f Notary Public My I Commission Expires: i i Approved s to form: i City Ji 1 Attorney Legal Description Approved.. City n ineer 2 Page 67 of 633 EXHIE31T ,-,- E L 101 A PARCEL OF LAND FoR ROAD RIGHT-OF-WAYPURPOSM, LYING I THE SOUTH ONE >f SOU (S.W.1/4), OF SECTION 3, SOUTH, RANGE 42 EAST, PALM BEACH FLORIDA, PARTOULARLY DESCRIBEDFoLl-ong SOUTHWESTCOMMENCE AT rdE OF .AID SEnON 13.. THENCE ALONG THE WEST LJNE OF THE SAID SCXJTHMST s RSDU'W ECS 13.00 THE I E IN OFFICIAL ECORD BOOK 1881, PAGE 1928, OF THE PUBLIC REcoRDS OF PALM BEACH COUNTY, FLORIDA; ALONGNJENCE RIGHT-OF-WAY, N89Z9'37mE FOR MILITARY TO THE EAST RIGHT-OF-WAY OF RECORDED DED � RECORD 800X 185B, AGE 86, OF SAID PUSUC RECORDS, AND THE ANT OF BEGINNING; ALONGP P 7'06 .30&81 THENCE ' EFEETr ID EAST RIGHT-OF-WAY OF MILJTARf THENCEOF, AND PARALLEL VATH, THE SAEAS UNE 7HENCE N00'32'54"E FOR 41.0.9 FEET,THENCE N47-01-47"E FOR 19-55 FEET M THE t SAID U OF GATEWAY BOULEVARD* ; THENCE ALONG SAJD SOUTH RIGHT-OF-fty, 909'39'374W P TO THE FOR 20.63 FEET ONT OF SEGINNIW. CDN'TAINWG 1743 SQUARE FEL7, MORE OR LM& i E DESCRIP71ON SKETCH AND THE DESCRIPMN TEXT i COMPRISE COMPLETE LEGAL DESS N. "THE GAL DESCRIPTION IS NOT VALID UNLESS BOTHi ACCOMPANY E . WTHOUT THE REPRODUC71ONS OF THIS,DOCUMENT ARE NOT VAUD JOHNPH L IPS, III NAL E ORIGINAL PROFESSION ' LAND SURVEYOR RAISED SEAL OF THE FLORIDACE SURVEYOR AND APP STATE OF FL R A 4026 DAIE- P101 N0.2014507S PROFESSIONAL S CERMFICATEPAUT�MNHmDRAW M8 - 1060 OLD EE P . L SCALA, NONE WEST PALM BEACH, FLORIDA 33409 DATE. 991 FAX MILITARY TRAIL Page 68 of 633 TRACT " " 60, ` RAINBOW P.& 54 PC. 174 00 EAST 17'4 CORNER OF I PRINCET PLACE , T CABLES END (P46.7 ,63 SECTION 14/45/42 (NOT FOG O� -� f N (P.133 Rx;U39.44'639.4#$ PALM BEACH COUNTY ITION: rq N806510,18 0,164) E9239®99 N m ®c N, LINE OF THE .t, 2 OF THE . 1 OF SEC 13 PER P. .72 Pa63 22+4139 cs _ R P, . 2 PAGE 63 + S89*39#37AW 1 ®27 (ORB 48-71 paW2) C'R�t a 21+8713 X180 7 , 7 6. kE-9-43031.91 N8 ° E SOUTH R R 4 .249 41 .249) 247002 " ' 66.2 Rt s W NO0132WE 21+3Z98 cd fit 0- 2-45-13-06-DO1-0040 qfJDMOICC Bay Mobile H Co-op ORB 26166P .144 ca n D 60 LLJ Q CL d ed Ig 101 2340-03- (GRb) 20069 (GRMMD)�- CWO M SM MER) { PALM BEACH COUNTY P15SITION., N8086C23 19+03.68 E 42964065O 6C . COR 5,5 t i 'N129 ! I CRON 13/45/42 { FUND PECo BRASS DI � WoRi 66 N 64770. 5 SCALE: " = 6 � E 4 13, O -FA - Ufa roan-pgi ACH COUNTY 1 45073 OWN &r } R/W PARCEL 101 This sketch Is not a survey PROFESSIONAL SURVEYING SERVICESCER11RCATE OF AUTHORIZA71ON LB 6473 COMPANY PROD. No. 1 — "DIRIAM—Me1860 OLD OKEECH013EE ROAD, SUITE 509, SKETCH TO MT PALM " ITELEPHONE 1 1 I I Page 69 OT 633 DATUM 1) 13ASEUNE STATONING IS BASED ON A ROADWAY PLAN FOR MILITARY TRA1, PREPARED BY XIMLEY-HORN AND ASSOCIATES, INC,, PALM BEACH COUNTY PRDJ50T N N o.2014507S. DATED APRIL 13, 201& Tr 0 F 3ASELJNE PREPARED P, R DJ50T 2) STATE, PLANE COORDINATES: A. COORDINATES SHOWN ARE GRID E� Ij . R. DAIUM - NAD 83, 1990 ADJUSTMENT G. ZONE FLORIDA EAST D. UNEAR UNIT - US SURVEY FOOT E. CDORDWATE SYSTEM 1983 STArc PLANE F. TRANSI ERCATOR PROJECTION O. ALL DISTANCES ARE GROUND H. SCALE PACT R - 1.000035 I. GROUND DISTANCE X SCALE FACTOR =GRID DISTANCE 1 ROT 1101 EQUATION- NONE 3) THIS DESCRIPTION IS BASED ON A RIGHT OF" WAY PACKAGE FURNISHED BY 1HE PALM BEACH COUNTY ROADWAY PRODUCTION DEPART TO II -H a ASSOCIATES ON JULY 29, 2014 NO IDEN71FIABLE EASEMENTS OR ENCUMBRANCES OVER R/W PARCEL 101 WERE NOTED. NO SEARCH OF THE P06 RECORDS WAS PERFORMED BY BROWN & PHILLIPS, INC. 4) ABBREMAVONS.- P,O.C.- POINT OF COMMENCEMENT R/W - RIGHT-OF-WAY P�03- - POINT OF BEGINNING CENIERUNE R - RADIUS siA - sTAnoN A - CENTRAL ANGLE BOOK Rt - RIGHT OF BASELINE A - ARC LENGTH RPB - ROAD PLAT BOOK P-B- - PLAT BOOK FOOT - FLORIDA DEPARTMENT OF ORB - OFFICIAL, RECORD TRANSPORTATIO N PC. - PACE PBC o - PALM BEACH COUNTY SFC - SECTION 5) BEARING BASIS, N0077'06'W (GRID) AL THE WEEE ST LINE OF THE SOUTHWEST QUARTER (S.W.1/4) OF SECTION 13, TO HIP 445 SOUTH, RANGE 42 EAST. 6) ABOVE GROUND IMPROVEMENTS FOR R/W PARCEL 101 HAVE BEEN SHOWN ON THE TOPOGRAPHIC SURVEY PREPARED BY BROWN & PHIWPS, POS, PROJECT NO.15-038, DATED JOLY 2015, PREPARED FOR FOR KIMLEY-HORN AND ASS OI INC. ....... P&M HEADi CONTY PRIMM N&201007S EL 101 e RMOWN & NOTES PROFESSIONAL S DRAM, MO CERTIFICATE OF ALITHORIZAnON L9 6473 1860 OLD DKEECHOSEE ROAD., SUITE -50% SCAM NONE VVEST PALM BEACH, r%ORJDA 33409 MILITARY TRAIL DATE. apqiF TCLEPHONE (561)-615-3988. 615-3991 FAX SHEET 3 OF 3 Page 70 of 633 _1 Y XAKT M ��.a� r Maga mrpivi,4, � E r ,....._. ..... ....... S! ma h er � a � w te k 1I h8i va,a ad as gm,"Mor S4 � a,amd"I m Lets of th %dl ey f nue, � ;s ° NW �jrj IND TisaUPWMM gmanx.4ty F .1. c�jsta �f arm . iaevirst aq . qry y the City Cod,a to pzmvidcl amry ,e" the CUSIXtAin" Fj 'oil I Uri µ ��o ' and er-pt iO ° ff, R opWFt'*vi,,,4CbV the Otrectum of UU'Llhisq, mK subject ` wt'� f � `om" a,�," wa`� `- much wart mow`• �n��v � � `�k'�'�.'�`"z "i�`��'+t�ak�a, ,�'.",� `{.i„ a- • 'h, 1; AtKIN Lim. - k: .�a a k u` v�ak-'nak 4s ``4.4• uen".�. g e u " w ,t � only by �� " � �.s� �� j the C4 t,Y of BOY'atcan, " "Y7flWa the, (: � ��st w�� of 130yr%t S .� # � extuxtaLame, Mud a hi;d a:m ' , tendIng ,�i h systaft to X44Ina'a"14,120 so wutuidia bite city �Umlts alp xa" undev U r 'l i nc . rate My r �; a�� air a �� notici sar ahal v j� �, v a � vc n l � -,ON Si t' ( smi ,.. that all witer to bra dr awp9ii6d, a d m . � &-,A@ 'ava ba ,"a a ron, a , ° €- . 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L is agraedi,ftat, a 9 SmAl "homa fte, "'!Aahtllity xL tai `g � ; to ,pnold d T Age m^ s ,, � �< ALN , ITT aatiom ass a a immaa�a a U � �aag�;x��a �.�w news or now aiT.-Up'n- over �10fr1q,tterm., Also t4is Zityemkiall, hqvsn JLtj OR; ret � #1a aalcoS 4mat of %Q0 at We at cod, a moi4la ts, rt-rV a$ ,# t ,¢: � 'ate '. ix a;j ;j wti.-ar ». mo w beimid V1 t � + ral owns 241,! F4 of maya fa baa * Va A f JAS AY0,9, 'HODO Pd *sea Mal avail sj � , a N r le 1pulz a ea) o awl �� ' as , l x� a I a a � Ime AQ AAd OT4OWCAud; ai afa r an wmm air a.aa a�a� as�a a a �°�� ,;a a ti� t a -mmit �L'Xl a] copate OrAmimr Haat Of t f LV ^foamaaaam a xzgm.�,t 1W> thLm Au 1. � r, .L'rip"e� �g..4�yY'd�;.�Ga2ryyf� �ti TBa a`t+�1s4iaGo- ¢' sti` d�fh5 �,5 �5 (*@-sr. �`W ° ^�.�eY S'310 harmum `nw Immix a 'a a a Y ea . �& 0 W,isngs ina i ;� 'a W ar"a n�e A J pruea ,11w la baa 'Yxs"�aitir ` vItA;" e NN l a M;"meat tho a n y mad YOQV 'it. Wrilwit0h.WOVE { 01 . �, . . � � t3me Yk 3sctG'P%" A � 4a �ad, 'aa "' ara aye t hmst ' � ' aas ai as n a� C"A as st Wo 02 '(10mumm Fool) spa tai V ftbuva RAW Page 72 of 633 ��. Mafi e m " a • � �s.'g. r f® " u . n e vy a � g.�+. * , u p"u a,e u rtiu'Imnu 'S! .& f- '""Ci � ,8ttl:. d+ • M1mirf y^ " kd and-to the M,haty aftwoupid. I ats., Oev ally mppsikcd n dor k „ � —, "Itclack . ,F me,toCity Met% sump* �m a � , *04 to& 'r C I PM' mad valunterily mudex Om Ir, -461 „ . • ;kt-the, CLty *441 ocued t 0 ruo aOrvmjr,#+* a°' AA AM I j k v S ply 1. � state, �iTa rc �� L. Ibis of -4 sqm4 sma) USK MY E'Vixa �� , A;,p=Vmd ma to Sorms • �ten• � c pLegal 11 ApprOV641 �~ �� ^ 1� a �� , 3 Page 73 of 633 �. �°uta a6, *. ? • �.� ., ;, ^t.`� .„_ ,��, �& as ' . -� _�n. a e a`�-, a. . S- s _ ',°f t e. / ' f the VN. 40�nship 41 soothe Ave42 frast, 1 the l r th . ;feet for,,, rood [Fight - 0% Vay n '14i the , IC-0. NME for'Cooed"° Right 'of - Ways and Iris " e iWast 50.00 ' fee t, for Right'- Df - Way fair,S.R.-sop military 'frail . ' ani a 1/2,15f tba KA ' 1/4 of Section , lovt%h 0, Rates 42 Eases Ikss tragi Ylbr0 70,00'feet farm Canal 91 ht -of - Way - "the - 50.00 feet r hight 0Way for m e ° , Itilitary rrajl, ) n ligzs the 120.00 feet calval Right - Of , way ond, also excepting thery,from the followins two MrfflOF UP - fi4 commtnit it the$I.W. Cornu" f lactioa 24, thence 5 00,05" . long the; as . f f said Sectf • 1,71 - �f` 'feet f , 'Poing z ,I fan lie& fog. o �q! f art h East Right f Way f Char lrrf f i ung No. the Ran qqAt i age ° 0911, E fte U0.00°feet to fry " thetwo 5 64'441 36m V for pointo tori fast . „ i " - f gay f fKI r m Teat S.R. h f905 1 f • t4i ht .- 6T a Way Etna b� f flitar r5 A.- SOP) fog° ' 199.93 feet f Rogim ` The partlan Township 5 Cast seglanifte P.D.B. ),at the paik There the earth It fhe . a 114, of ,the 3,,V, 1/4 of'Sict ` Ifte rs gets thv,Eej% Right -. f. r f`, .. ° 809 f ry Tri thence , 3 40 71 041, along Afoot -' f - W Ung,of coy, for IUM1.061feat Wt Line f . 051 Sill . 11 w W. i ., ofMay. lan 4602Feetl' thence foil 16.00 '• feet, to a point,, thtneft A oeos. 31- Id for 460.77 felt Point r f f 131 thence 1i , MI, N alongf FAA f .. , r 1323.06 filetla f r"k r the.North t"r , I Line f he _.s . 114 f� f S.H. ,1..14 ut f ration , for 10.00 feet f the All of the,,fOegaing sub4act to ahy !. dedinationsp Il tions. 1 .,. rialervatitq2" or,easements'of re�qrq. PALM SUCH ! JOHN IL�on N CLM CI Page 74 of 633 c � II11 �k o r �,� � Ae9��a�vuul �.. J• fi�9�eq�sf a �e i fe l y�e heg�aaewnr 4 keg euliuAvg�i1Ce� � CD { v. ,. i 1 - Y l� Z> p V! �f UE ,IL�g na�n7z� a I np OACO, a sop�gae� ! i, 1`i��wF�9c9 v } e y z ko 'v8_ c1a CL ko }} > C5 Si' 4 ro 0Aft ts� } ` 4. � 0 � U' Irrci1 Ld wJCL c 9a m laa Is? J fm � � � �• r Cii I'S �� m l R r IF � � •� f U ei k,� CU Y Si. aY 6.D. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Approve making a $7,500 donation to the Bill Tome Foundation for Kids and Families, Inc. from the Law Enforcement Trust Fund to support their 2nd annual golf tournament. EXPLANATION OF REQUEST: The Boynton Beach Police Department is committed to community involvement, youth empowerment programs and public private partnerships that share the same vision. The Bill Tome Foundation intends to continue the work of Bill Tome by reigniting some of the athletic tournaments, creating a "Back to School Clothing" program and hosting a Family Fun Day as an example. These programs have a mentoring component and all are intended to offer opportunities to the City's youth and to continue a crime prevention mentality. Moreover, this will aid in the development of trust between the community and their local police officers. The foundation is organizing its 2nd Annual Golf Tournament which will be held at I ndian Springs Country Club in Boynton Beach on October 27, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This donation will have a positive impact, as the Boynton Beach Police Department remains committed to building public trust and partnerships in the community. This donation will aide in our endeavor to provide resources to the community through crime prevention, youth mentoring and public private partnerships. Bill Tome has been a true leader within the community and will always be viewed as an asset to the Boynton Beach Police Department. FISCAL IMPACT: Non-budgeted This donation should be paid from account number 691-5000-590-04-22. The current balance of this account is$120,814.27. ALTERNATIVES: Do not approve the donation at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 76 of 633 Grant Amount: ATTACHMENTS: Type Description D Letter Request Letter D Memo Memo to City Manager Page 77 of 633 THE � ToME FOUNDATION F O R. KIDS /4 FAM1 1 I E S . INC, The Boynton Beach Police Department Chief Kelly Harris 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 May 7, 201A We are proud and excited to announce that plans for The Second Annual Bill Tonne Foundation Golf Classic are underway. This year's tournament will be held at the beautiful Indian Springs Country Club in Boynton Beach omOctober 27' 2018. Shotgun start iascheduled for 1PM. Like last year, the day will include lunch, afabulous buffet dinner, and lots of fun, laughs and fellowship to benefit a great cause—the kids and families in our own community. The Bill Tonne Foundation was able tVserve over hundred children in 203-7/2018 with the funds raised in last year's Golf Tournament, The Back to School Clothing Program prepared more than a dozen children with school clothes and gear while the athletic program not only registered over sixty players, but also encouraged and enjoyed the volunteerism of many students, adult community members and Boynton Beach Police Officers. In addition,The Foundation was able to purchase new scoreboards for the Ezell Hester Park Gym. None of this would have been possible without the financial support as well as support in terms of services by the City ofBoynton Beach's Police and Recreation Departments. Since the Winter Basketball League was such a success,we are currently organizing a Summer Basketba I] League, VVehope tmregister atleast sixty players. Depending upon the funds raised through the 2818 Golf Tournament, we would like to expand the program next year to not only serve more youth on basketball leagues, but to also create other opportunities such as atraveling All Star team. Many volunteers have offered their support interms ofcoaching, mentoring, and assisting in other areas required tosuccessfully administer these programs. Again, several Boynton Beach Police Officers, active and retired, have offered their support. The City Recreation Dept. and the Police Department could once again play an integral role in keeping kids off the streets and engaged in positive activities. With today's social climate and the public's negative sentiment regarding the police,we feel that engaging with the youth at young ages can reduce 73 90 Fairway Trail ° Boca Raton, FL 33487 ^ 561 7U2-4887 wvvn�dbel)illtwruefouudadomo � r,g Page 78Of633 and/or eliminate the sentiment. Kids (and their families) can see firsthand that the police are not only willing, but proactively choosing to help vs. hurt members of our communities. This is needed more today than ever before to help stop,the violence and crime which is plaguing our nation. we would be honored if the Boynton Beach Police Department would consider becoming our "Presenting Sponsor". We will continue to offer you the same recognition and exposure as we did last year. Attached are the levels ufsupport and sponsorship opportunities. Please feel free toreach out tmnnewith any questions orconcerns. Aoalways,thank you for your support. Sincerely, Officer Bill Tome Page 79Of633 Sponsorship Opportunities The Second Annual Bill Tome Golf Classic Indian Springs Country Club October 27, 2018 Presenting Sponsor * Opportunity to address audience at Awards Dinner * One Foursome * Company name recognition on the course Recognition at registration (signage) Recognition at awards reception (signage) Two tee signs with company name displayed Si,1ver Sponsor $ 2500,00 " One Fmirsome * Recoemition at awawds receDtion, "s, '�4naqe) * One tee Sign with cornpany name displayed Beverage Cart Sponsor $ MOM * One Foursome * Company name recognition on aTournament Goff Cart * Recognition at awards reception (signage) * One tee sign with company name displayed Bronze Sponsor $ MOM One Foursome One sign with company name displayed Green, -Sponsor $ '1"000.00 vv 0 S i o'ns vv t C 0 nn a n v ru, m e, d -p�ci.y e d o n ' a sew_ G r e e n Tee Sponsor $ 200,00 One tee sign with company name displayed Page 80 of 633 l;p�,per OYNTON Y BEACH POLICE DEPARTMENT ` W N �a. if 0 ' Lori LaVerriere Kelly Harris w ; O, City Manager FROM: Acting Chief of Police Bill Tome Foundation DATE; May 25,2018 Florida statute 932.7055 (5)(a) mandates the following regarding federal forfeiture funds: If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education, prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. Requesting Commission approval to make a $7,500 donation to the Bill Tome Foundation for Kids and Families, Inc. from the Law Enforcement Trust Fund. The Boynton Beach Police Department is committed to community involvement, youth empowerment programs and public private partnerships that share the same vision. The Bill Tome Foundation intends to continue the work of Bill Tome by reigniting some of the athletic tournaments, creating a "Back to School Clothing" program and hosting a Family Fun Day as an example. These programs have a mentoring component and all are intended to offer opportunities to the City's youth and to continue a crime prevention mentality. Moreover, this will aid in the development of trust between the community and their local police officers. This donation will have a positive impact, as the Boynton Beach Police Department remains committed to building public trust and partnerships in the community. This donation will aide in our endeavor to provide resources to the community through crime prevention, youth mentoring and public private partnerships. Bill Tome has been a true leader within the community and will always be viewed as an asset to the Boynton Beach Police Department. This donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. This donation should be drawn from account 691-5000-590-04-22 (Law Enforcement Trust Fund). The current account balance is: $120,814.27. This is a one-time donation expense. Page 81 of 633 Page 82 of 633 6.E. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Approve utilizing Green Building Initiative of Portland, OR to evaluate the building data of the new City Hall/Library and Police Department in connection with the Green Globes Assessment and Certification as a sole source vendor, in a total amount of$26,200. EXPLANATION OF REQUEST: This request is to purchase Green Globes for New Construction certification for two of the City-owned buildings in the Town Square project: The City Hall/Library and the Police Station. Purchased services include a third-party review of building data provided by the client through the Green Globes online evaluation and building construction documents, a third-party on-site assessment to verify building data, and a third-party final report containing building rating and certification information. Cost for the Boynton Beach City Hall and Library is$15,075 and for the Police Station is$11,125, for a total of$26,200. The Green Building Initiative (GBI) is the sole source provider of Green Globes in the United States and globally and has proprietary software. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Boynton Beach is committed to complying with the City's Green Building Program for government buildings, which includes obtaining third- party green certification. The City is choosing Green Globes over other certifications because it is a less expensive, less time-consuming, and more flexible way to certify that best practices were used to promote energy efficiency and environmental responsibility. The Green Globes certification is based on a percentage of total points obtained on a 1000-point scale, without any prerequisites. Because the City projects are already using energy efficient technology and green practices, this process will rate what we are constructing within the current project scope. The City's project manager, E2L project staff, and the City's Sustainability Coordinator will coordinate the assessment and certification process with collaboration from project partners. FISCAL IMPACT: Non-budgeted Non-budgeted. The total of$26,200 to certify both buildings will be paid from the Utilities account number 401- 2821-536-31-90. ALTERNATIVES: Not approve request. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Page 83 of 633 Climate Action Plan Implementation Initiative#4.5.2.5: Green Building Program. LDRs Chapter 2, Article 1, Section 5.13 Government Leadership. To demonstrate the city's commitment to a green building program, the city shall comply with the Green Building Program established herein for all government buildings pursuant to F.S. 255.2575(2) Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D (quotes G I (quote City Hall/Library D (quotes G I (quote Police Station D Sole Source Letter G I Sole Source Letter Page 84 of 633 �k 'GREEN AV BUILDING INITIATIVE"' ,... ,., .,.,F:u;.. Contact Name Rebecca Harvey Created Date 5/29/2018 GBI Username harveyr@bbfl.us Expiration Date 5/31/2018 Project Detail Boynton Beach City Hall and Library, Boynton Beach, FL, 110000 Square Feet Description of Third-party review of building data provided by the client through the Green Globes online evaluation and building Services construction documents.Third-party on-site assessment to verify building data.Third-party final report containing building rating and certification information. o MMM�Assessor Travel(flat fee) 1.0071,500.00 Green Globes NC Design Review&On-Site Assessment 1.00 $11,000.00 Green Globes NC Project Registration 1.00 $1,500.00 Certification Plaque(16") Optional 1.00 $1,075.00 Complimentary Green Globes EB Project Registration w/NC Assessment 1.00 $0.00 Grand Total $15,075.00 Terms Payment in full is due within 30 days of ordering this quote. Please review CBI's Cancellation Policy at www.thegbi.org/files/training_resources/GBI_Cancellation_Policy.pdf. Line Item Notes 1. Pricing is subject to verification by GBI Personnel of building data within documentation supplied. 2. Placement of order constitutes acceptance of the Assessment Services Agreement. 3. Travel charges are paid upfront as a$1500 flat fee. However,the client is required to pay actual travel costs plus 20%if the building a)is located outside the contiguous U.S.or b)is the 2nd/subsequent building assessed during the same site visit as the 1st. 4. Certification plaque is optional. 5. Project Registration is required for each building certification. 6. Complexity charges apply to complex, multi-space buildings that depart substantially from a standard office building. If applicable, complexity charges are mandatory. 7. The Green Globes NC Pre-Design Assessment is an optional third-party review of the project's pre-design documentation and online evaluation. 8. The Guiding Principles Compliance NC Pre-Design Assessment is an optional third-party review of the project's pre-design documentation. 9. On-site verification is not required for Sustainable Interiors(SI)projects. 10. Supplemental pricing for Guiding Principles Compliance requires separate purchase of Green Globes assessment/certification for applicable buildings. 11. When placing assessment orders for a campus, customer will pay a $1500 flat fee for first/primary building and actual costs plus 20% (if applicable)for second/subsequent buildings. 12. Individual assessment orders must be placed for each building on a campus. For an administrative fee, GBI staff can place these orders on behalf of the customer. 13. According to scheduling needs, GBI reserves the right to perform site visits of campus buildings on different days and by different assessors. 14. Buildings being dual-certified for GG and GPC may be eligible for a discount if they can be assessed during the same site visit. Page 85 of 633 PO Box 80010 1 Portland, OR 97280 1503.274.0448 1 www.thegbi.org 15. Clients purchasing Green Globes NC assessment are eligible to receive complimentary Green Globes EB project registration to benchmark building performance for the same project. The complimentary project registration is valid for 24 months from the date of NC certification. 16. Clients purchasing Green Globes EB assessment have the option to pre-purchase a bundle of three EB project registrations to perform benchmarking during the three years following assessment/certification. Purchase of the bundle yields a 25%discount off the cost of each registration. Registrations will be activated upon building certification and will be valid for 36 months. 17. Clients purchasing Green Globes EB assessment have the option to pre-purchase EB recertification assessment to lock in the current price. Client must submit payment for 25%of the recertification assessment along with full payment for the current assessment. Client must submit payment for remaining 75%of recertification assessment within 36 months to maintain locked-in rate. If payment is received after 36 months, client must pay 75%of then-current assessment price. 18. Expediting fees are mandatory if client requires an assessment and certification timeline that is faster than the standard GBI timeline. Standard timeline requires 30 days of advance notice for site visit scheduling and 30 days after site visit(or 30 days after missing documentation is provided,whichever is later)for final certification. Order Instructions If you would like to place an order for this quote, log in to your GBI User Account at www.thegbi.org and select My Quotes under the Green Globes Projects or Guiding Principles Compliance Projects section,as appropriate . Please note that quotes must be ordered as a complete package. If you wish to purchase part of this quote or need a revised quote, please contact your quote preparer. If this quote is not available for purchase within your GBI Account or you do not have a GBI Account, please contact your quote preparer for additional instructions. For information regarding GBI's cancellation policy,go to https://www.thegbi.org/files/training_resources/GBI Cancellation_Policy_pdf We look forward to working with you! Sincerely, The Green Building Initiative Prepared By Mark Lesher Title Senior Account Manager Phone (503)274-0448 x102 Page 86 of 633 PO Box 80010 1 Portland, OR 97280 1503.274.0448 1 www.thegbi.org �k 'GREEN AV BUILDING INITIATIVE"' ,... ,., .,.,F:u;.. Contact Name Rebecca Harvey Created Date 5/29/2018 GBI Username harveyr@bbfl.us Expiration Date 5/31/2018 Project Detail Boynton Beach Police Department, Boynton Beach, FL,58234 Square Feet Description of Third-party review of building data provided by the client through the Green Globes online evaluation and building Services construction documents.Third-party on-site assessment to verify building data.Third-party final report containing building rating and certification information. Green Globes NC Project Registration 1.00 $1,500.00 Green Globes NC Design Review&On-Site Assessment Same Site Assessment with City Hall Project 1.00 $9,500.00 One-Time Assessment Discount 1.00 ($950.00) Certification Plaque(16") Optional 1.00 $1,075.00 Complimentary Green Globes EB Project Registration w/NC Assessment 1.00 $0.00 Grand Total $11,125.00 Terms Payment in full is due within 30 days of ordering this quote. Please review CBI's Cancellation Policy at www.thegbi.org/files/training_resources/GBI_Cancellation_Policy.pdf. Line Item Notes 1. Pricing is subject to verification by GBI Personnel of building data within documentation supplied. 2. Placement of order constitutes acceptance of the Assessment Services Agreement. 3. Travel charges are paid upfront as a$1500 flat fee. However,the client is required to pay actual travel costs plus 20%if the building a)is located outside the contiguous U.S.or b)is the 2nd/subsequent building assessed during the same site visit as the 1st. 4. Certification plaque is optional. 5. Project Registration is required for each building certification. 6. Complexity charges apply to complex, multi-space buildings that depart substantially from a standard office building. If applicable, complexity charges are mandatory. 7. The Green Globes NC Pre-Design Assessment is an optional third-party review of the project's pre-design documentation and online evaluation. 8. The Guiding Principles Compliance NC Pre-Design Assessment is an optional third-party review of the project's pre-design documentation. 9. On-site verification is not required for Sustainable Interiors(SI)projects. 10. Supplemental pricing for Guiding Principles Compliance requires separate purchase of Green Globes assessment/certification for applicable buildings. 11. When placing assessment orders for a campus, customer will pay a $1500 flat fee for first/primary building and actual costs plus 20% (if applicable)for second/subsequent buildings. 12. Individual assessment orders must be placed for each building on a campus. For an administrative fee, GBI staff can place these orders on behalf of the customer. 13. According to scheduling needs, GBI reserves the right to perform site visits of campus buildings on different days and by different assessors. 14. Buildings being dual-certified for GG and GPC may be eligible for a discount if they can be assessed during the same site visit. Page 87 of 633 PO Box 80010 1 Portland, OR 97280 1503.274.0448 1 www.thegbi.org 15. Clients purchasing Green Globes NC assessment are eligible to receive complimentary Green Globes EB project registration to benchmark building performance for the same project. The complimentary project registration is valid for 24 months from the date of NC certification. 16. Clients purchasing Green Globes EB assessment have the option to pre-purchase a bundle of three EB project registrations to perform benchmarking during the three years following assessment/certification. Purchase of the bundle yields a 25%discount off the cost of each registration. Registrations will be activated upon building certification and will be valid for 36 months. 17. Clients purchasing Green Globes EB assessment have the option to pre-purchase EB recertification assessment to lock in the current price. Client must submit payment for 25%of the recertification assessment along with full payment for the current assessment. Client must submit payment for remaining 75%of recertification assessment within 36 months to maintain locked-in rate. If payment is received after 36 months, client must pay 75%of then-current assessment price. 18. Expediting fees are mandatory if client requires an assessment and certification timeline that is faster than the standard GBI timeline. Standard timeline requires 30 days of advance notice for site visit scheduling and 30 days after site visit(or 30 days after missing documentation is provided,whichever is later)for final certification. Order Instructions If you would like to place an order for this quote, log in to your GBI User Account at www.thegbi.org and select My Quotes under the Green Globes Projects or Guiding Principles Compliance Projects section,as appropriate . Please note that quotes must be ordered as a complete package. If you wish to purchase part of this quote or need a revised quote, please contact your quote preparer. If this quote is not available for purchase within your GBI Account or you do not have a GBI Account, please contact your quote preparer for additional instructions. For information regarding GBI's cancellation policy,go to https://www.thegbi.org/files/training_resources/GBI Cancellation_Policy_pdf We look forward to working with you! Sincerely, The Green Building Initiative Prepared By Mark Lesher Title Senior Account Manager Phone (503)274-0448 x102 Page 88 of 633 PO Box 80010 1 Portland, OR 97280 1503.274.0448 1 www.thegbi.org GREEN Ar BUILDING INITIATIVE" 5/16/2018 Rebecca Harvey Sustainability Coordinator Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. I Boynton Beach, Florida 33435 Rebecca, As you requested, I am writing to confirm that Green Building Initiative (GBI), is the only company that can provide Green Globes Assessment and Certification services for new construction, existing buildings, sustainable interiors and core and shell building projects globally. GBI owns the sole rights to Green Globes. GBI is the only company that can certify The City of Boynton Beach, Florida building projects under Green Globes program. As I mentioned Green Building Initiative (GBI) is the sole source provider of Green Globes in the United States and globally and has proprietary software. I have included an announcement below that was published to the public on January 91" 2018 The U.S.-based non-profit Green Building Initiative (GBI) announced earlier this week that it has completed acquisition of the global rights to Green Globes ®, a leading sustainability rating system for commercial and multi-family buildings.This acquisition from JLL now allows GBI to support existing Green Globes users in Canada, in addition to the United States, and to expand the reach of the rating system globally. GBI has established a Canadian non-profit subsidiary—GB Initiative Canada—to support the growth and previously established use of Green Globes in the Canadian marketplace. For more information on GBI or Green Globes visit www.TheGBI.org and www.TheGBI.org/Canada. If you have any questions, please feel free to contact me at 503-274-0448 Ext 102. Sincerely, Mark Lesher Mark Lesher I Senior Account Manager I Green Building Initiative P.O. Box 800101 Portland, OR 97280 mark@thegbi.org 503.274.0448 ext. 102 www.thegbi.org www.facebook.com/GreenBuildinginitiative GREEN AW BUILDING P.O.Box 80010,PORTLAND,OR 97280 PHONE:503.274.0448 www.THEGBI.ORG Page 89 of 633 6.F. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Authorize the purchase of an Extreme Networks wireless system from STEPcg of Covington, KY in the amount of $53,688.24, utilizing the State of Florida Alternate Contract Source Number 43220000-WSA-14- ACS for the replacement of the wireless system at Fire Station #5 and new installation of wireless at the Utilities East Water Treatment Plant. The State of Florida Alternate Contract contract complies with the City of Boynton Beach's competitive bid requirements. EXPLANATION OF REQUEST: Contract Period: June 1, 2014—May 31, 2019 The current wireless system at Fire Station #5 is over 9 years old and past end of life. Two years ago, the wireless system failed and the City had to purchase used parts from various vendors to repair the system. The current system is in need of replacing to ensure continued reliability of the wireless system that services the Fire Station#5 building including the EOC. The Utilities East Water Treatment plant currently does not have a wireless system. Adding the Utilities East Water Plant to the enterprise wireless system will allow employees to securely access the Utilities systems from a tablet or smart phone while performing system checks around the facility. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The new Extreme Networks enterprise wireless system at Fire Station #5 and Utilities East Water Treatment Plant will provide enhanced reliability, efficiency, and security. In addition, the enterprise wireless system can grow to meet the needs of the City, as more locations are added to the system. Reliability — The Extreme Networks enterprise wireless system is designed with two wireless controllers configured in a high availability cluster. The enterprise wireless system can withstand the failure of a single controller. Efficiency—The Extreme Networks enterprise wireless system will provide efficiencies to the City of Boynton Beach work force and provide public wireless access to vendors and citizens. Security —The Extreme Networks enterprise wireless system is equipped with an identity access management engine that works in conjunction with the City's network switches to secure employee, vendor, and citizen access. FISCAL IMPACT: Budgeted Funding was approved and is available in the following accounts for fiscal year 2017/18. Account Number Project# Description Amount 303-4101-580.64-15 IT1802 W i-Fi Expansion (City Wide) $12,000.00 303-4129-580.64-15 IT1808 Fire Station#5 Wi-Fi Replacement $20,000.00 401-2821-536.64-15 Utilities , Computer Equipment $16,934.61 001-1510-513.64-15 ITS, Computer Equipment $ 4,753.63 Page 90 of 633 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 D Quotes ST cg Price Quote D Quotes ST cg Installation Scope of Work D Addendum State of Florida Alternate Contract D Contract NAS PO ® Extreme Networks Contract AR1 470 D Other ST cg ® Extreme Nehivorks Authorized Contractor D Other Extreme Nehivorks NASD Contract Pricing D Other Florida DMS Contract Pricing Explained for Extreme Nehivorks Page 91 of 633 O O O O O 19t O O O O O O N O I— N M O O 00 M M r- 00 O N M 0 O U io m 0 m 4- W 0 `o (D ZLL (n (s (n (s (n (s (n c � 0 U) > a Ev � � U O O O O O O 0 OCD O O O N 0 0 � CF) M (D O U N 00M O O d 00 CF) _ V K) (f} 60- U) U I O O O O O O a- � LO O LO LO O O O O r— LO O C/) O O LO (O O (f} (f} (A (A C U_ LO E � � p Lo ', L O U 0 Q W (b M L z U co w `� U U cm U) o o a) N � LL LL O N O N , U > U O O C O N 00 } -6 X _ O N CnU mY OU i poo 0 Co c a��in cd c U J Up �_ 0 Q- O E U c 0 N W � N12 co U Q_' W v U m U > L EDU0 0 Q co QQ (b ( O co Q 0 i O LL o U 0 z z ww U 00 M M LO O � CO Ez rn Q cv) 0 �? 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O O O O O O O O O O O O O O L6 LO � � O LO CF) 6O O O N M N LO r- O N O L O O O N_ � Ef3 V3 6- EA EA C4 6rk Ef3 EA (A (A L Co p O N LO Cao O L O O Co O = += a) y M UQ Q � Q O -0 c �cto 0) C� Leo UZW c�i L I1 I1 co '� LL �- Co LO Co L r V L Q co co O d d O — C Co O D O .O O a d r— a O Z O �O J a0 N C Q-' C "O C 'C co a t a Z "a a) M � � cot a) � co O L6 , 0 -a o -0 wS� -a O O cid �_ � �o c�i d co cn a co co O > S U M Q Co L O O 0) C Q O Y 0) ^ O O O Q U m N cV c a) co c a LO O U Co U Q '0 cn o O LL D 0 Lao Co D N W Co Co �- L U Co Co �_ cf) C .T U N .O Co ' W J Co 7 .� Q 00 a) L a) "—T Co O O cu Q O U co W U C W U N O m .V Y C3 U Q U U W to L Q M LL m E N a) � Q o a) Q N N o a o Co Q U) U) > > "C7 O O LL .� O cu — .�_ L Q O L Q N , cu a) a) L cn ALL a? U �� U om0 Z a) H 8z U Co � WY LL D � 0, �,U) � � .2 U) = Naz U u a) � a � 0 cu O Q mad cm a) � M c c Q O LO a o -a o .. z � .. d tom — O c o H > H Q •c •� Q O O � m CU co c t3'— cm U LL > LL (n U O C a) O a) m N C3 O d c z W O W O � cow cow N c � o Ute — L Q cNn v N 0 a) ucu) t� z > o0 0 2-1 W W � v � Q Noa oQ (n LLL (DE � � o Q co U O (DLO z N M_ CN N _ LO d p O Z M O O O U CN CNJ C) W Q M C') (n C) (n 0o cn rn (o O Q O O d N O M O M N L O Q O O O O O O LO r— � J d m O r- r— � M M O O O m Q O Ch i O i 0 Q U) m 0 FL FL FL W w W w W w W d O O O O (o co O N ai c LO N co O Qo co � M CY7 O CY) EA EA EA EA " � (O N co r 0 0 O O O O O O LO O O O O N r- O O O O qt O O O O CN (f) (A (A (A (A } r (A O O O O O �j O O O O O O O r— O O O O O O .0 O O O O co r— CN r (A L L co co 7 N Co N N L 0 L L N O N LO (o w N N C.' tri. co co O � O � Q- a� U U LO Lco LO L N O LO O -0 co W O M O M ) m E ch E a) a N N Co L L Q Q O m m w Z Z w ~ W W c Or. co N LO CN LO co O O NO Co r r N M M U O O 0 O O O O O � w Quotation and Statement of Work _ Client: City of Boynton Beach S T ".� PCG Date: May 3, 2018 Project Name: Extreme Wireless leployrnent Project ID #: Project Manager: Steven Ernst Account Manager: Danny Poindexter Lead Engineer: :Nelson Karrick QUOTATION and STATEMENT of WORK This Quotation and Statement of Services ("Quotation") is between STEP, LLC, doing business at 638 Main St, Covington, KY 41011 ("STEPcG"), and Ciy of oyflion Beach ("Client"). The purpose of this Quotation is to set forth the terms under which STEPcG will provide Client with goods and services ("Products"). The terms of this Quotation shall prevail over any contrary provisions in any other Quotation, or in a Master Services Agreement entered into between STEPcG and Client unless this Quotation explicitly states otherwise. SCOPE OF WORK Estimated Total Project Cost: $12,000.00 Project Description: This SOW includes integration of ExtremeWireless to replace the current Avaya WLAN 8100. The current SSIDs will be replicated for the migration to ExtremeWireless. A strategy and foundation will be setup to allow future depoloyment of Access Points and SSIDs. Best practices will be used as directed by Extreme documentation. A workflow will be established to allow the customer to segment and secure wireless for their business needs. Ekaha software will be used to verify coverage. This will allow the proper tuning of radio power and channels. Customer will be responsible for providing VMware servers and necessary processor, memory and storage to install Extreme Management Center, Extreme Control and ExtremeWireless v2110 controller. VLANs will be setup and deployed to allow the proper workflow. BridgeC AP and BridgeC EWC will be used to provide the segmentation of wireless users. STEPcG will assist customer in determining the best location for Extreme Access Points. Customer will be responsible for all wiring and mounting of Extreme Access points. Some of these deliverables may be completed prior to site arrival and some may be performed post site visit. No implementation, configuration tasks other than those specifically mentioned will be performed within the scope of this implementation. Inventory to be installed, designed &configured. Page 95 of 633 - I C25 WLAN controller - 26 indoor APs - 2 outdoor APs - Associated AP mounting hardware & antennas per the quote. STEPcG engineers will perform the following tasks to install and configure: - Audit/Examine current wireless infrastructure - Install Extreme Management Center, Extreme Control and Extreme Wireless Controller - Build workflow with customer of wireless client experience - Use Ekaha to verify coverate - Apply Extreme best practices - Upgrade to the latest stable code release - Configure VLANSs/i-sids on new SPBM core - Configure IP Interfaces on new SPBM core - SSH SNMP enable for management - Support following cutover ASSUMPTIONS AND NOTES ■ Client shall be billed for actual time and materials required to implement the proposed solution. STEPcG shall advise Client in advance of any significant deviation from the estimate in time or materials required to perform the proposed work. ■ Client represents that it has made routine backups of data and completed a successful test of data restoration and recovery. Client shall continue to make such routine backups during the course of the project. Client has all necessary hardware and software in place to support STEPcG,s requirements for installation of Products. ■ Client recognizes that internet access and computer network connections may be made temporarily unavailable during installation of Products. ■ Installation, configuration or troubleshooting of third-party goods which are not Products are not included in this proposal and shall not be performed by STEPcG. ■ Charges associated with technical support for third-party hardware or software are the responsibility of Client. CLIENT RESOURCES List of Project Critical Client Resources: Dedicated point of contact with Network knowledge. Any servers/VM's for WOS, COM, IDE, ect. Adequate Power per hardware specifications. 2 Page 96 of 633 All wiring for installation. RISK TO PROJECT ESTIMATES ■ The Scope of Work Section constitutes a good faith estimate based upon Client's representations to STEPcG. Client shall be responsible for full payment for Products provided by STEPcG irrespective of the estimates contained herein. ■ Based on Client's representations, STEPcG represents that no significant changes to the items listed in the Scope of Work Section are expected after Client accepts the Quotation. ■ Client recognizes that requests for subsequent changes may impact the project timeline and costs. ■ Client recognizes that its failure to provide the resources indicated in the Client Resources Section may impact the project timeline and costs. OTHER CONSIDERATIONS Out-of-Scope Expense: If STEPcG determines that a need exists for additional services not contemplated in this Quotation, the required tasks will be included in an addendum to this Quotation signed by both parties, or as a separate Quotation signed as both parties and treated as a new project. Travel Expense: All travel expenses are included with SOW Confidentiality: Confidentiality of information provided by each party shall be governed by the Mutual Non- Disclosure Agreement(if any)between the parties. In the absence of a non-disclosure agreement, each party agrees to keep the other party's confidential information strictly confidential, and agrees not to disclose the other party's confidential information to any third party. Confidential information consists of all of a party's information which is not generally available to the public and includes but is not limited to proprietary know-how, trade secrets, business plans, and business and accounting data. Intellectual Property: STEPcG shall retain ownership of all intellectual property it develops during performance of this Quotation, whether developed solely by STEPcG or with Client's employees or consultants, 3 Page 97 of 633 including, but not limited to, all ideas, skills, tools, techniques, processes, source codes, materials, software, programming models, and other programming tools. INVOICING Labor and Out of Pocket Expenses: STEPcG will invoice Client monthly on the 1st calendar day of each month for services rendered during the prior month. Hardware/Software: Client will deposit with STEPcG a minimum of 50% of the cost of any hardware or software prior to STEPcG's placement of a purchase order for same. The balance shall be due and payable to STEPcG immediately upon delivery to Client. Per Leasing Agreement. AUTHORIZATIONS With my signature, I certify that I am authorized to and do accept all terms of this Quotation. For STEP CG, LLC: For [CLIENT]: Signature: Signature: Printed Printed Name: Name: Title: Title: Date: Date: 4 Page 98 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No:AR 1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS] (hereinafter "Participating State/Entity") Page 1 of 12 1. Scope: This addendum covers the Data Communications Products and Services 14-19 contracts led by the State of Utah for use by state agencies and other entities located in the Participating State/Entity authorized by that state's statutes to utilize state/entity,contracts with the prior approval of the state's chief procurement official. 2. Participation: Use of specific WSCA-NASPO cooperative contracts by agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state's statutes to use statelentity contracts are subject to the prior approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Participating State Modifications or Additions to Master Agreement: (These modifications or additions apply only to actions and relationships within the Participating Entity.) A. Eligible Users State agencies and other eligible users (hereinafter collectively referred to as "Eligible Users" or an "Eligible User") may make purchases from this Agreement pursuant to the terms and conditions of the Contract as modified and supplemented herein. B. Changes and Additions to the Contract 1. Upon execution of this Alternate Contract Source (ACS) agreement, the Department of Management Services (Department) and all Eligible Users may purchase products and services under the WSCA-NASPO contract No. 7wn2002 for Data Communications Equipment & Services, Exhibit A. 2. The Department and Eligible Users acknowledge and agree to be bound by the terms and conditions of Exhibit A, except as otherwise specified in this ACS. 3. The following are modifications to Exhibit A. Page 99 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter L°Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No: AR 1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-I 4-ACS] (hereinafter "Participating State/Entity") Page 2of12 a. Prices: The prices of the ACS are set forth in the attached Exhibit B, "State of Florida Price List," and are incorporated herein. b. PUR 1000 Form: The Department Purchasing Form PUR 1000 is attached hereto and incorporated herein as Exhibit C. c. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: • submit a bid on a contracttoprovide any goods or services to a public entity; • submit a bid on a contract with a public entity for the construction or repair of a public building or public work; • submit bids on leases of real property to a public entity; • be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or • transact business with any public entity: d. Effective Date: The ACS shall become effective on the last date signed below and is coterminous with Exhibit A, unless terminated earlier by the Department. Exhibit A specifies the term as June 1, 2014 through May 31, 2019 with no renewal options identified. e. Vendor Registration and Transaction Fees: In order to complete any transaction between a Buyer and the Vendor, the Vendor must be registered with the Department of State, Division of Corporations (www.sunbiz.orq) and in MyFloridaMarketPlace. Section 287.042(1)(h), Florida Statutes, and Rule 60A- 1.031, Florida Administrative Code, is hereby incorporated by reference. All transactions are subject to a transaction fee pursuant to the,rule. f. Orders: In order to procure products and services hereunder, Eligible Users shall issue purchase orders or use a Purchasing Card which shall reference this ACS. Eligible Users are responsible for reviewing the terms and conditions of this ACS Page 100 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No: AR 1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS] (hereinafter "Participating State/Entity") Page 3 of 12 and Exhibit A. Neither the Department nor WSCA-NASPO is a party to any purchase order issued hereunder. g. Compliance with Laws: The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Rule 60A-1 of the Florida Administrative Code govern the ACS. By way of further non-exhaustive example, the Contractor shall comply with section 274A of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of any laws, rules, codes, ordinances, or licensing requirements shall be grounds for Contract termination or nonrenewal of the contract. h. Other Eligible Users: If any additional ordinance, rule, or other local governmental authority requires additional contract language before an Eligible User can make a purchase from the ACS referenced above, in lieu of this ACS, the Eligible User is responsible for signing' a separate contract with the Contractor, capturing that additional contract language. i. Provisions of section 287.058, Florida Statutes: The provisions of section 287.058(1)(a)-(c) and (g), Florida Statutes, are hereby incorporated by reference. j. Public Records: If, under this contract, the Contractor is providing services and is acting on behalf of the Department as provided under subsection 119.011(2), Florida Statutes, the Contractor, subject to the terms of paragraph 287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does Page 101 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No: AR 1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS] (hereinafter "Participating State/Entity") Page 4 of 12 not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. The Department may unilaterally cancel this Contract for refusal by the Service Provider to comply with this section by not allowing public access to all documents, papers, letters, or other material made or received by the contractor in conjunction with the contract, unless the records are exempt from s 24(a)of Article I of the State Constitution and subsection 119.07(1). k. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The vendor shall comply with section 11.062,Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature, Judicial, or state agencies. C. Contract Number All purchase orders issued by Eligible Users within the State of Florida shall include the Department of. Management Service's contract number, 43220000-WSCA-14-ACS, unless otherwise provided by Florida Law, statute, rule or this ACS. State agencies will not be required to submit an ACS form for purchases related to this ACS. D. Contract Document This ACS and its Exhibits set forth the entire agreement between the parties with respect to the subject matter of this ACS. The terms and conditions of this ACS and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms. Page 102 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah(hereinafter L°Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No: AR1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-14-ACS] (hereinafter "Participating State/Entity") Page 5of12 E. Event of Dispute In the case of an ambiguity which requires extrinsic evidence to determine the intent of the parties, the following documents shall have priority in the order set forth below: 1. This Participating Addenda 2. Exhibit B, State of Florida Price List 3, Exhibit C, PUR 1000 Exhibit A, State of Utah WSCA NASPO Agreement 7wn2002, Data Communications Equipment;& Services - y „ 5. Exhibit D, Preferred Pricing Affidavit' F. Intellectual Property, The parties do not anticipate that any intellectual property will be developed as a result of this ACS. However, any intellectual property developed as a!result of this ACS will belong to and be �, the sole property of thiol ligible User This provision will survive the termination or expiration of the ACS. P, G. Employment Eligibility Verification` Pursuant to State of,Florida Executive,Orddrs Nos 11=02 an,d 11-;116, Contractor is required to utilize the U.S. Department of Homeland.Security's E-Verify system to verify the employment of all new employees hired by the Contractor,during the ACS I term Also; Contractor shall include in related subcontracts a requirement that subcontractors performingwork or providing services pursuant to the state ACS utilize the'E Verify system to verify employment of all new employees hired by the subcontractor during the ACS term. H. State of Florida Price List The Contractor shall provide, as Exhibit B, to the Department's Contract Administrator (Participating Entity Contact) a copy of the product and services price list, which shall be posted on the Department's website. If the Contractor's price list will be the same as the WSCA NASPO price list, the Contract must advise the Contract Administrator and the Department will post a link on the Department's website to the price list posted on the WSCA- Page 103 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah(hereinafter "Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No: AR1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-I 4-ACS] (hereinafter "Participating State/Entity") Page 6of12 NASPO website. Contractors are encouraged to provide special pricing and/or tiered discount rates applicable to State of Florida Eligible Users wherever possible. I. Preferred Price Affidavit Requirement The Department will provide the Preferred Pricing Affidavit, incorporated by reference as the attached Exhibit D, for completion by an authorized representative of the Contractor attesting that the Contractor is in compliance with the best pricing provision in Section 4(b) of the PUR 1000 ,.form. The Contractor agrees to submit to the Department, at least annually, the completed Preferred Pricing Affidavit. y. J. Scrutinized Company Llst . , In executing this ACS,' Contractor certifies that it is not listed on either the Scrutinized Companies with Activities'in Sudan'List or'the Scrutinized Companiesvvith Activities in the Iran Petroleum Energy Sector List, createtl pursuant to section 21.5 473, Florida Statutes Pursuant to subsection 287:135(5), Florida Statutes,`Contractor agrees the Department may immediately terminate this ACS for.cause if the Contractor is'found,to have submitted a false certification or if Contractor is`;placed on..,the Scrutinized "Companies ,.,, ith Activities in Sudan List or the Scrutinized Companies4with Activities in the Iran Petroleum Energy Sector:List during the term of the ACS. K. Ordering Instructions` The focus is to direct the Eligible User with the proper method of purchasing the goods and/or services awarded based on direction from'the Eligible User and previous experience with such commodities. s:F 1. The Contractor agrees to meet the followingrequirements: a. Provide appropriate contact information for Eligible Users to use for product and/or service inquiries and purchases, as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the statewide contract; and b. If orders are to be sent to resellers or distributors for fulfillment then the Contractor is responsible for providing this list of authorized resellers or Page 104 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah(hereinafter "Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No: AR 1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS] (hereinafter "Participating State/Entity") Page 7 of 12 distributors for use; and c. The accuracy of this information must be maintained by Contractor throughout the duration of the ACS; and 2. Contractor must be able to accept Purchase Orders (PO) via fax, e-mail, or cXML as identified in L.1 below. L. Electronic Invoicing "The Contractor `shall supply electronic invoices in lieu of paper-based invoices for those transactions processed,through the,MFMP=within.ninety;(90) days from contract effective date. Electronic invoices shall be submittetl to the agency through the Ariba Supplier Network(PSN) in one of three-41i as fisted below �� 1. cXML (commerce eXtensible.;Markup Language) This standartl establishes the data` contents °required'for1n4oiang via cXML within the context', an electronic"envir'onment This",transaction set cawbe used .for invoicing via the ASN,for catalog andanon-catalog goods and services The cXML.format`Tis the Ariba preferred method for e=InVoicing. 2. EDI (Electronic Data Interchange) This standard establishes the datacontents of"the Invoice Transaction Set(810)for use within the context of an Electronic;Data Interchange(EDI)environment:This transaction set can be used for invoicing via the ASN or catalog`;and non-catalog goods and services. 3. PO Flip via ASN The online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is Page 105 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah(hereinafter "Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No: AR 1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS] (hereinafter "Participating State/Entity") Page 8 of 12 authorized and empowered to and hereby grants the State and the third party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the ACS. The Contractorwll work with the MFMP management team to obtain specific requirements forthe electronic invoicing upon contractaward. ' f _ M. Contract Quarterly Reports Each Contractor shall submit a Quarterly,::Repork m the required format electronically to the Department Contract Manager within d30 `.days of the end:of the quarter The Department reserves the right to regwre the Contractor to provide additional reports within 30" "d: written notice. Failure,to provide:the Quarterly Report or other reports ;requested bythe Department may result in the Contractor being found in`;default and may.result in termination of the'ACS. Initiation and submission of-the ,Report! are' the responsibility of.the Contractor without prompting or notification by the Contract Manager. Sales will be reviewed on a quarterly basis Should no sales be'recorded ih�two consecutive contract quarters, the Department may terminate the contract.' N. Business Review Meetings The Department reserves the right to schedule business review meetings as frequently as necessary. The Department will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Department for review and acceptance. The Contractor shall address the agenda items and any of the Department's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and contract termination. Page 106 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah(hereinafter "Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No: AR 1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS] (hereinafter "Participating State/Entity") Page 9 of 12 O. Commitment to Diversity in Government Contracting The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, wartime-, and service-disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protege Program connects minority-, women-, wartime-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the Stale of Florida to consider this initiative. For more ,.information on the Mentor Protege Program., please contact the Office of Supplier Diversity at (850):;487-0915 or osdhelpCc_dms.myf!ofida.com. Rs- '1 ? l^ 25 n Uprequest, the Contractor, shall °report; to ahe Department spend with certified and other minority bus iness'enterprises `.These reports will include the period covered, the name,:minority code and,rFederal Employer Identification Number of each minority vendor utilizetl dunng the period. Commodifies and services'provitled by the'minority business enterprise, and the amount paid to each minority;vendor on behaIf'- f each purchasing agency ortlenng under the terms of this Contract b ., bF, 1 P. Subcontractors " The contractor may use a subcontractor `in order jo provide adequate network infrastructure equipment and services All subcontractors, shall'be the directresponsibility of the`Contractor that entered into such subcontract. The`Contractor is responsible for all.liability, terms and conditions within the contract:{..If a subcontractor is authorized to conduct business on behalf of the Contractor and the subcontractor is to receive compensation from theY'Contractor for its services, then any dispute between the Contractorand the subcontractor shall. be resolved between the Contractor and the subcontractor:';The State of Florida is not'a' party to any agreement entered into between the Contractor and its subcontractor(s). The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such subcontractors and shall ensure that all such subcontractors meet the following requirements: • Have an ACTIVE Registration with the Department of State, Division of Corporations (www.sunbiz.org) Page 107 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No: AR 1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-14-ACS] (hereinafter "Participating State/Entity") Page 10 of 12 • Registered in the MFMP Vendor Information Portal (https://vendor.m yfloridam arketplace.com) • Not be on the State of Florida's Convicted, Suspended, or Discriminatory lists http://www.dms.myflorida.com/business operations/State purchasing/vendor informati on/convicted suspended discriminatory complaints vendor lists • Have a copy of e-Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.m yfloridacfo.com) Q.;Warrant of Authority Eac., person signing this' Paficipating Addendum,:warrants that he or she is duly authorized to do so-and to bind the respective party t k 4. Lease Agreements Agencies 'may lease egwpment through alternative `financing arrangements other than through. the State of:,,," Consolidated Equipment Financing AZ Program (CEFP):'< This`option`is governed'`by sections`-287:063 and 287 064, Flonda Statutes, and Rule 6913,r,,Florida,Administrative'Code The Department.of Financial Services (DFS) Finance and leasing Sdetermineection:will review `proposed leases to., compliance with all requirements and'to ensure leases are economical and cost?effectiV 'The`Contractor and Eligible User (working together) will be,required to complete.and submit-to DFS th6Checklist— Approval to Lease Equipment.form. A copy of the form may be found at the DFS website: hftp://www.myfloridacfo.coiii/bivi§i6 Fo'rms/ddfgidt.htm. Prior approval of the Chief Financial Officer (as defined in Section 17.001; Florida Statutes) is required for State agencies to enter into or to extend any lease of installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. All State agencies are urged to review the Chief Financial Officer's latest memorandum addressing leases and deferred- payment purchases of equipment when considering the leasing or purchasing of equipment. DFS memos can be found at: http://www.myforidacfo.com/Division/AA/Memos/default.htm. Page 108 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah(hereinafter "Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No: AR 1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS] (hereinafter "Participating State/Entity") Page 11 of 12 5. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors): Contractor Name Michael Swierk Address 9 Northeastern Boulevard, Salem,NH 03079 Telephone 603-952-5221 Fax 603-952-6909 Email referred >E-mail 1 mswierk extremenetworks.com F Partici atin Enti Name .Brian Le Address ;4050 Es' lanade Wa ,$uife 360,Tallahassee, FL 32399-0950 Telephone ;t 850 410 0978 Fax 8$00)' 14-6122 E-mail Briai.Le er' dms:m orid a:com 6. Subcontractors: All [cantractorj dealers:and resellers authorized ih the State`of"1=1orida; as shown on the dedicated [contractor's] (cooperative contract)website, are..approved to,provide sales and service supportto participants'"in the`WSCA NASPO'Master Price.Agreemerit'' The [contractor] dealer's participation will be. ,-in accordance;with the terms and.conditions set forth in the aforementioned Master Agreement. 7. Orders: Any Order placed by a Participating Entity or Purchasing Entity for a Product Wand/or Service available from this Master Agreement shall be deemed to Abe a sale under (and governed by the prices and other terms and conditions) of the Master Agreement unless the parties to the Order agree in writing that another contract or agreement applies to such Order. Page 109 of 633 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION DATA COMMUNICATIONS PRODUCTS AND SERVICES 14-19 Administered by the State of Utah(hereinafter "Lead State") MASTER AGREEMENT Extreme Networks, Inc. Master Agreement No: AR 1470 (hereinafter "Contractor") And [State of Florida Alternate Contract Source Number 43220000-WSCA-I4-ACS] (hereinafter "Participating State/Entity") Page 12 of 12 IN WITNESS WHEREOF,the parties have executed this Addendum as of the date of execution by both parties below. Participati g State: Contractor: By: By: Name: a S Name: co vv Title: S { �,� �� Title [ti Date- ' [Additional signatures as required by Participating State] s � o► For questions on executing a participating addendum;please contact �; WSCA'-NASPp Cooperative Development.'Coordinator Paul Stembler Telephone 651=206=3858 E-�� steribler�?wsca Idirr+�wC+ STATE COOPERATIVE CONTRACT State of Utah, Division of Purchasing & General Services AMENDMENT # 1 to CONTRACT # ARI 470 TO BE ATTACHED TO AND MADE A PART OF the above numbered contract between the State of Utah, Division of Purchasing& General Services,referred to as STATE, and, Extreme Networks, Inc., (formerly known as Enterasys Networks, Inc.) ,referred to as Contractor. THE PARTIES AGREE TO AMEND THE CONTRACT AS FOLLOWS: June 1.2014 (original starting date of contract) MU 31,2019 (current ending date) May 31,2019 new ending date Other changes to the contract include: 1. CONTRACT SERVICES ASSIGNED TO ASSIGNEE (Brief Description): Enterasys Networks, Inc. assigns all of its' rights and obligations under State of Utah— State Cooperative Contracts, Contract Number AR 1470,to Extreme Networks, Inc., which includes the ability for Extreme Networks, Inc. to provide Data Communications Equipment and associated OEM Maintenance and Training for the Products included in Contract Number AR1470 to Participating Entities. See Attached Consent Letter dated May 30, 2014 from Extreme Networks, Inc. Effective Date of Amendment: __July 1,2014. The Terms and Conditions still apply to the Contract. All other conditions and terms in the original contract remain the same. IN WITNESS WHEREOF, the parties sign and cause the amendment to be executed. CONTRACTOR STATE t Si a ure Director, Division of Purchasing&Gen. Svs. A-1-"S01J ANNA-Did I ' - - 6 A?e zz e Type or Print Name and Title Chat -- qovow 141, Date 4 too* (Revision date:082405) Page 111 of 633 r Extreme networks May 30,2014 State of Utah Division of Purchasing and General Services State Office Building,Capitol Hill Salt Lake City,UT 84114-1061 Attn:Contracts Administrator Re: Assignment of DATA COMMUNICATIONS EQUIPMENT AND ASSOCIATED OEM MAINTENANCE&TRAINING(SWITCHES,ROUTERS,LAN/WAN WIRELESS,CSU/DSU, SECURITY,NETWORKING SOFTWARE,AND TRAINING AND MAINTENANCE FOR ABOVE PRODUCTS)No. 1470 between State of Utah,Division of Purchasing("State")and Enterasys Networks,Inc.("Assignor"),dated June 1,2007(the"Agreement") Dear Sir or Madam: Pursuant to the corporate acquisition of Enterasys Networks, Inc.and its subsidiaries("Enterasys")by Extreme Networks, Inc. on November I, 2013, we hereby request your consent to the assignment of the above-referenced Agreement to Extreme Networks,Inc.("Extreme")(the"Assignment"). Unless we receive rejection of our request to this Assignment by June 15,2014,the Assignment will considered effective as of July 1,2014,and all rights and obligations of Assignor under the Agreement will become the rights and obligations of Extreme. Extreme hereby acknowledges and agrees that it is bound by all terms and conditions of the Agreement, and all terms and conditions of the Agreement shall remain valid and effective. Please indicate Company's consent to the Assignment by signing and returning to the address identified below. Your signature below will also indicate that all references to Assignor in the Agreement shall be deemed to refer to Extreme by way of Agreement amendment. Extreme will contact you regarding billing and ordering changes in a separate communication. Thank you for your prompt attention to this matter. Please return an executed letter either via .pdf scan to con tractsadmin(-cxtremenetworks.com or courier to Legal Department, Extreme Networks, Inc., 145 Rio Robles, San Jose,CA 95134 USA by June 15,2014 for ease of order processing into the future. Yours Truly, Allison Amadia Vice President,General Counsel&Corporate Secretary Extreme Networks,Inc. Corporate Secretary,Enterasys Networks,Inc. On behttlfof state: By �t Name: Q t� I1 Title: r"f Ir Date: t� Page 112 of 633 STATE OF UTAH - STATE COOPERATIVE CONTRACT CONTRACT NUMBER AR1470 1, CONTRACTING PARTIES: This State Cooperative Contract is between the Division of Purchasing and General Services(State),3150 State Office Building,PO Box 141061, Salt Lake City,UT 84114-1061,an agency of the State of Utah,and the following CONTRACTOR: Enterasys Networks, Inc. LEGAL STATUS OF CONTRACTOR Name ❑ Sole Proprietor 9 Northeastern Blvd. ❑ Non-Profit Corporation Address ® For-Profit Corporation Salem NH 03079 ❑ Partnership City State Zip ❑ Government Agency Contact Person Michael Swierk Phonc#603-952-6909 Fax#603-952-6909 Email mswierk@extremenetworks.com Federal Tax ID#04-2797263 Vendor#VC0000114009_ Commodity Code#20458,20464,20621,20623,20659, 83833, 83800, 88332, 92000 2. GENERAL PURPOSE OF CONTRACT. The.general purpose of this contract is toprovide: Data communication equipment and services. A detailed list of awarded categories and subcategories are included r in Attachment B—Scope of Work. Enterasys is authorized to provide equipment and services in the following categories: I 5.2.2 Networking Software 5.2.5 Routers 5.2.6 Security 5.2.8 Switches 5.2.9 wireless 3. CONTRACT PERIOD: Effective date:June 1,2014 Termination date:May 31,2019 unless terminated early or extended in accordance with the terms and conditions of this contract. Renewal options(if any): N/A 4. PRICING AS PER THE ATTACHMENT C PAYMENT TERMS: Net 30 DAYS REQUIRED FOR DELIVERY: 30 days ARO MINIMUM ORDER: NIA FREIGHT TERMS: FOB Destination,Freight Prepaid 5. ATTACHMENT A: Standard Contract Terms and Conditions, State Cooperative Contract ATTACHMENT B: Scope of Work ATTACHMENT C: Product Offerings and Pricing ATTACHMENT D:Vendor's Response to Solicitation JP14001. The parties hereby acknowledge and agree that any exceptions stated in attachment"D"—Vendor's Proposal Response have been removed and/or resolved between the parties. Any exception in attachment"D" are explicitly NOT a part of this contract. i Any conflicts between Attachment A and other Attachments will be resolved in favor of Attachment A.State specific Terms and Conditions will be found in the executed Participating Addendums. State Terms and Conditions in an executed Participating Addendum will take priority in the event of conflict between those terms and conditions and this Cooperative Contract. 6. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED: Page 113 of 633 State of Utah Contract Number AR 1470 a. All other governmental laws,regulations,or actions applicable to the goods and/or services authorized by this contract. b. Utah State Procurement Code,Procurement Rules,CONTRACTOR'S response to Bid QP14001 and JP14001-1 dated August 30,2013 and December 2,2013. IN WITNESS WHEREOF,the parties sign and cause this contract to be executed. CONTRACTOR STATE OF UTAH G �<:.-:-, April 29,2014 y Contractor's Signature Date erector,Div.of Purchasing&General Svs. 4Dat Chris Crowell,Chief O eratin�Officer Type or Print Name and Title Rev 05(14!12 Page 114 of 633 State of Utah Contract Number:AR14070 ATTACHMENT A—WSCA-NASPO Terms and Conditions y g P WSCA-NASPO Master Agreement Terms and Conditions 1. AGREEMENT ORDER OF PRECEDENCE: The Master Agreement shall consist of the following documents: 1. A Participating Entity's Participating Addendum ("PA"); 2. WSCA-NASPO Master Agreement Terms and Conditions; 3. The Statement of Work; 4. The Solicitation; and 5. Contractor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contractor's response to the Solicitation, or terms listed or referenced on the Contractor's website, in the Contractor quotation/sales order or in similar documents subsequently provided by the Contractor. 2. AMENDMENTS The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Contract Administrator. 3. ASSIGNMENT/SUBCONTRACT Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the WSCA-NASPO Contract Administrator. 4. CANCELLATION Unless otherwise stated in the special terms and conditions, any Master Agreement may be canceled by either party upon 60 days notice, in writing, prior to the effective date of the cancellation. Further, any Participating State may cancel its 1 Page 115 of 633 State of Utah Contract Number:AR14070 participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation. Cancellation may be in whole or in part. Any cancellation under this provision shall not effect the rights and obligations attending orders outstanding at the time of cancellation, including any right of and Purchasing Entity to indemnification by the Contractor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contractor default may be immediate. 5. CONFIDENTIALITY, NON-DISCLOSURE AND INJUNCTIVE RELIEF 5.1 Confidentiality. Contractor acknowledges that it and its employees or agents may, in the course of providing the Product under this Master Agreement, be exposed to or acquire information that is confidential to Participating Entity or Participating Entity's clients. Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records, (b) personnel records, and (c) information concerning individuals, is confidential information of Participating Entity ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (a) is or becomes (other than by disclosure by Contractor) publicly known; (b) is furnished by Participating Entity to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in Contractor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than Participating Entity without the obligation of confidentiality, (e) is disclosed with the written consent of Participating Entity or; (f) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information. 5.2 Non-Disclosure. Contractor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement to Participating Entity hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contractor shall use commercially reasonable efforts to assist Participating Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Participating Entity ( immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and Contractor shall at its expense cooperate with Participating Entity in seeking injunctive or other equitable relief in the name of Participating Entity or Contractor against any such person. Except as directed by Participating Entity, Contractor will not at any time 2 i I Page 116 of 633 State of Utah Contract Number:AR14070 during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Participating Entity's request, Contractor shall turn over to Participating Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Information. Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 5.3 Injunctive Relief. Contractor acknowledges that breach of this Section, including disclosure of any Confidential Information, will cause irreparable injury to Participating Entity that is inadequately compensable in damages. Accordingly, Participating Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Participating Entity and are reasonable in scope and content. i 6. DEBARMENT The contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the contractor cannot certify this statement, attach a written explanation for review by WSCA-NASPO. 7. DEFAULTS It REMEDIES a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contractor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 15 calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its 3 i Page 117 of 633 State of Utah Contract Number:AR14070 i obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and ii. Terminate this Master Agreement and any related Contracts or portions thereof; and iii. Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contractor from receiving future bid solicitations; and v. Suspend Contractor's performance; and vi. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. 8. DELIVERY Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Participating State agency or political subdivision. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the contractor. Responsibility and liability for loss or damage shall remain the Contractor until final inspection and acceptance when responsibility shall pass to the Buyer except as to latent defects, fraud and Contractor's warranty obligations. The minimum shipment amount will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an order to be shipped without transportation charges that is back ordered shall be shipped without charge. 9. FORCE MAJEURE Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. WSCA-NASPO may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 10.GOVERNING LAW This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the state sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreement(s) shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreement(s) or the effect of an Participating Addendum shall be in the Purchasing Entity's State. 11. INDEMNIFICATION The Contractor shall defend, indemnify and hold harmless WSCA- NASPO, the Lead State and Participating Entities along with their officers, agencies, and employees as well as any person or entity for which they may be liable from and against claims, damages or causes of action including reasonable attorneys' fees and related costs for any death, injury, or damage to property arising from act(s), error(s), or omission(s) of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to the 4 i Page 118 of 633 State of Utah Contract Number:AR14070 performance under the Master Agreement. This section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement 12. INDEMNIFICATION - INTELLECTUAL PROPERTY The Contractor shall defend, indemnify and hold harmless WSCA-NASPO, the Lead State and Participating Entities along with their officers, agencies, and employees as well as any person or entity for which they may be liable ("Indemnified Party") from and against claims, damages or causes of action including reasonable attorneys' fees and related costs arising out of the claim that the Product or its use, infringes Intellectual Property rights ("Intellectual Property Claim'). The Contractor's obligations under this section shall not extend to any combination of the Product with any other product, system or method, unless: (1) the Product, system or method is: (a) provided by the Contractor or the Contractor's subsidiaries or affiliates; (b) specified by the Contractor to work with the Product; or (c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or (2) it would be reasonably expected to use the Product in combination with such product, system or method. The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor. If the Contractor promptly j and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor's reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys' fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. This section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. 13. INDEPENDENT CONTRACTOR The contractor shall be an independent contractor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not 5 i Page 119 of 633 State of Utah Contract Number:AR14070 to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 14. INDIVIDUAL CUSTOMER Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Participating Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Participating Entity individually. 15. INSURANCE Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a) Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; b) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contractor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement. Contractor must provide notice of revocation of any policy immediately upon receiving such notice from insurer. Prior to commencement of the work, Contractor shall provide to the Participating Entity a written endorsement to the Contractor's general liability insurance policy that (i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty (30) days prior written notice, and (iii) provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contractor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must 6 Page 120 of 633 State of Utah Contract Number:AR14070 expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at State's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement. 16. LAWS AND REGULATIONS Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 17. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY Contractor grants to the Participating Entity a nonexclusive, perpetual, royalty-free, irrevocable, unlimited license to publish, translate, reproduce, modify, deliver, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it ("Pre-existing Intellectual Property"). The license shall be subject to any third party rights in the Pre-existing Intellectual Property. Contractor shall obtain, at its own expense, on behalf of the Participating Entity, written consent of the owner for the licensed Pre-existing Intellectual Property. 18. NO WAIVER OF SOVEREIGN IMMUNITY In no event shall this Master Agreement, any Participating Addendum or any contract or any purchase order issued thereunder, or any act of a Lead State or a Participating Entity, be a waiver by the Participating Entity of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the Participating State. This section applies to a claim brought against the Participating State only to the extent Congress has appropriately abrogated the Participating State's sovereign immunity and is not consent by the Participating State to be sued in federal court. This section is also not a waiver by the Participating State of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 19. ORDER NUMBERS Master Agreement order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence. 20. PARTICIPANTS WSCA-NASPO is the cooperative purchasing arm of the National Association of State Procurement Officials. It is a cooperative group contracting consortium for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states, the District of Columbia and '7 Page 121 of 633 State of Utah Contract Number:AR14070 the organized US territories. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award(s) will be permissive. 21. ENTITY PARTICIPATION Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 22.PAYMENT Payment for completion of a contract order is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge. 23. PUBLIC INFORMATION This Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 24. RECORDS ADMINISTRATION AND AUDIT The contractor will maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the contractor for costs authorized by this Master Agreement. These records will be retained by the contractor for at least four years after the Master Agreement terminates, or until all audits initiated within the four years have been completed, whichever is later. The contractor agrees to allow WSCA-NASPO, State and Federal auditors, and state agency staff access to all the records of this Master Agreement and any order placed under this Master Agreement, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. 25.REPORTS and ADMINISTRATIVE FEES The contractor shall submit quarterly reports to the WSCA-NASPO Contract Administrator showing the quantities and dollar volume of purchases by each participating entity. The contractor must pay a WSCA-NASPO administrative fee of one quarter of one percent (.25%) in accordance with the terms and conditions of the Master Agreement. The WSCA- NASPO administrative fee shall be submitted quarterly and is based on sales of products and services. The WSCA-NASPO administration fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. 8 Page 122 of 633 State of Utah Contract Number:AR14070 Additionally, some States may require that an additional fee be paid directly to the State on purchases made by procuring entities within that State. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated in a Participating Addendum that is made a part of the Master Agreement. The contractor may adjust the Master Agreement pricing accordingly for purchases made by procuring agencies within the jurisdiction of the State. All such agreements may not affect the WSCA-NASPO administrative fee or the prices paid by the procuring agencies outside the jurisdiction of the State requesting the additional fee. 26. STANDARD OF PERFORMANCE_AND ACCEPTANCE The Standard of Performance applies to all Product(s) purchased under this Master Agreement, including any additional, replacement, or substitute Product(s) and any Product(s) which are modified by or with the written approval of Contractor after Acceptance by the Participating Entity. The Acceptance Testing period shall be thirty (30) calendar days or other time period identified in the solicitation or the Participating Addendum, starting from the day after the Product is installed and Contractor certifies that the Product is ready for Acceptance Testing. If the Product does not meet the Standard of Performance during the initial period of Acceptance Testing, Participating Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is met. Upon rejection, the Contractor will have fifteen (15) calendar days to cure the Standard of Performance issue(s). If after the cure period, the Product still has not met the Standard of Performance Participating Entity may, at its option: (1) declare Contractor to be in breach and terminate the Order; (2) demand replacement Product from Contractor at no additional cost to Participating Entity; or, (3) continue the cure period for an additional time period agreed upon by the Participating Entity and the Contractor. Contractor shall pay all costs related to the preparation and shipping of Product returned pursuant to the section. No Product shall be accepted and no charges shall be paid until the Standard of Performance is met. The warranty period will begin upon Acceptance. 27. SYSTEM FAILURE OR DAMAGE In the event of system failure or damage caused by the Contractor or its Product, the Contractor agrees to use its best efforts to restore or assist in restoring the system to operational capacity. 28. TITLE OF PRODUCT Upon Acceptance by the Participating Entity, Contractor shall convey to Participating Entity title to the Product free and clear of all liens, encumbrances, or other security interests.Transfer of title to the Product shall include an irrevocable and perpetual license to use the Embedded Software in the Product. If Participating Entity subsequently transfers title of the Product to another entity, Participating Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license shall be at no additional cost or charge to either Participating Entity or Participating Entity's transferee. 29. WAIVER OF BREACH Failure of Lead State or Participating Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or 9 Page 123 of 633 State of Utah Contract Number:AR14070 Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement or Participating Addendum. 30. WARRANTY The Contractor warrants for a period of one year from the date of Acceptance that: (a) the Product performs according to all specific claims that the Contractor made in its response to the solicitation, (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is suitable for any special purposes identified in the solicitation or for which the Participating Entity has relied on the Contractor's skill or judgment, (d) the Product is designed and manufactured in a commercially reasonable manner, and (e) the Product is free of defects. Upon breach of the warranty, the Contractor will repair or replace (at no charge to the Participating Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees and costs. 31. ASSIGNMENT OF ANTITRUST RIGHTS Contractor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. S 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contractor for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. i Contractor shall require any subcontractors hired to perform any of Contractor's obligations, under this Master Agreement or Participating Addendum, to irrevocably assign to a Participating Entity, as third party beneficiary, any right, title or interest that has accrued or which may accrue in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. 5 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the subcontractor for the purpose of carrying out the subcontractor's obligations to the Contractor in pursuance of this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 32. WSCA-NASPO eMARKET CENTER Awarded responders are required to participate in the 10 Page 124 of 633 State of Utah Contract Number:AR14070 WSCA-NASPO eMarket Center and, working through WSCA-NASPO's contractor (SciQuest), connect with the eMarket Center. The ideal situation would be to use either a hosted (by SciQuest) or Punchout Level 2 catalog configurations, but actual requirements will be determined by the Lead State Contract Administrator, WSCA-NASPO, WSCA-NASPO's contractor (SciQuest) and the awarded contractor, after award. Participation does not require an awarded responder to have any special level of technology or technological understanding. Definitions Acceptance - means a written notice from a purchasing entity to contractor advising Contractor that the Product has passed its Acceptance Testing. Acceptance of a product for which acceptance testing is not required shall occur following the completion of delivery, installation, if required, and a reasonable time for inspection of the product, unless the Purchasing Entity provides a written notice of rejection to contractor. Acceptance Testing - means the process for ascertaining that the Product meets the standards set forth in the section titled Standard of Performance and Acceptance, prior to Acceptance by the Purchasing Entity. Contractor - means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement. Intellectual Property- means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. Lead State - means the State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. I Master Agreement- means the underlying agreement executed by and between the Lead State, as WSCA-NASPO contract administrator, acting on behalf of WSCA-NASPO, and the Contractor, as now or hereafter amended. Order - means any purchase order, sales order, or other document used by a Participating Entity to order the Products. Participating Addendum - means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements ,e.g. ordering procedures specific to the Participating Entity, other terms and conditions. Participating Entity - means a state, or other legal entity, properly authorized by a state to enter into the Master Agreement or Participating Addendum or who is authorized to order under the Master Agreement or Participating Addendum. � 11 Page 125 of 633 State of Utah Contract Number:AR14070 Product - Any equipment, software (including embedded software), documentation, or deliverable supplied or created by the Contractor pursuant to this Master Agreement. WSCA-NASPO -is a cooperative group contracting consortium for state procurement officials, representing departments, institutions, agencies, and political subdivisions (i.e., colleges, school districts, counties, cities, etc.) for all states and the District of Columbia. WSCA- NASPO is a cooperative purchasing arm of the National Association of State Procurement Officials (NASPO). Additional Definitions and Alternative Terms for Consideration Below are additional definitions and alternative terms for consideration by the sourcing teams depending upon the nature of the solicitation and negotiations between the Contractor and Vendor. Embedded Software - means one or more software applications which permanently reside on a computing device. Machine Code - means microcode, basic input/output system code, utility programs, device drivers, diagnostics, and another code delivered with a computing device for the purpose of enabling the function of the computing device, as stated in its published specifications. (revised March 2013) i 12 I I Page 126 of 633 State of Utah Contract Number: AR1470 ATTACHMENT B–Scope of Work The following categories are authorized under this contract: 5.2.2 NETWORKING SOFTWARE—Software that runs on a server and enables the server to manage data, users, groups, security, applications, and other networking functions.The network operating system is designed to allow shared file and printer access among multiple computers in a network, typically a local area network(LAN),a private network or to other networks. Networking software capabilities should include: Restartable Process High availability options Targeted operating systems, i.e. DC, campus,core,wan, etc. Operating System Efficiencies 5.2.2.1 Network Management and Automation—Software products and solutions for data center automation, cloud computing, and IT systems management. 5.2.2.2 Data Center Management and Automation—Software products and solutions that capture and automate manual tasks across servers,network, applications, and virtualized infrastructure. 5.2.2.3 Cloud Portal and Automation—Software products and solutions for cloud management with policy-based controls for provisioning virtual and physical resources. 5.2.2.4 Branch Office Management and Automation—Software products and solutions for management of branch offices. Capabilities include remote troubleshooting, device management,WAN performance monitoring. 5.2.5 ROUTERS —A device that forwards data packets along networks. A router is connected to at least two networks, commonly two LANs or WANs or a LAN and its ISP's network. Routers are located at gateways,the places where two or more networks connect, and are the critical device that keeps data flowing between networks and keep the networks connected to the Internet. 5.2.5.1 Branch Routers—A multiservice router typically used in branch offices or locations with limited numbers of users and supports flexible configurations/feature. For example: security,VoIP,wan acceleration, etc. 5.2.5.2 Network Edge Routers—A specialized router residing at the edge or boundary of a network. This router ensures the connectivity of its network with external networks, a wide area network or the Internet. An edge router uses an External Border Gateway Protocol,which is used extensively over the Internet to provide connectivity with remote networks. 5.2.5.3 Core Routers-High performance, high speed, low latency routers that enable Enterprises to deliver a suite of data,voice, and video services to enable next- generation applications such as IPTV and Video on Demand(VoD), and Software as a Service(SaaS). 5.2.5.4 Service Aggregation Routers— Provides multiservice adaptation, aggregation and routing for Ethernet and IP/MPLS networks to enable service providers and enterprise edge networks simultaneously host resource-intensive integrated data, voice and video business and consumer services. 1 Page 127 of 633 State of Utah Contract Number: AR1470 5.2.5.5 Carrier Ethernet Routers— High performance routers that enable service providers to deliver a suite of data, voice,and video services to enable next- generation applications such as IPTV,Video on Demand (Vol)),and Software as a Service(SaaS). 5.2.6 SECURITY 5.2.6.1 Data Center and Virtualization Security Products and Appliances— Products designed to protect high-value data and data center resources with threat defense and policy control. 5.2.6.2 Intrusion Detection/Protection and Firewall Appliances—Provide comprehensive inline network firewall security from worms, Trojans,spyware, key loggers, and other malware. This includes Next-Generation Firewalls (NGF",which offer a wire-speed integrated network platform that performs deep inspection of traffic and blocking of attacks. Intrusion Detection/Protection and Firewall Appliances should provide: Non-disruptive in-line bump-in-the-wire configuration Standard first-generation firewall capabilities, e.g., network-address translation(NAT), stateful protocol inspection(SPI)and virtual private networking(VPN), etc. Application awareness,full stack visibility and granular control Capability to incorporate information from outside the firewall, e.g., directory-based policy, blacklists,white lists, etc. Upgrade path to include future information feeds and security threats SSL decryption to enable identifying undesirable encrypted applications(Optional) 5.2.6.3 Logging Appliances and Analysis Tools—Solutions utilized to collect, classify, analyze, and securely store log messages. 5.2.6.4 Secure Edge and Branch Integrated Security Products—Network security, VPN, and intrusion prevention for branches and the network edge. Products typically consist of appliances or routers. 5.2.6.5 Secure Mobility Products— Delivers secure, scalable access to corporate j applications across multiple mobile devices. 5.2.6.6 Encryption Appliances—A network security device that applies crypto services at the network transfer layer-above the data link level, but below the j application level. 5.2.6.7 On-premise and Cloud-based services for Web and/or Email Security— Solutions that provide threat protection, data loss prevention, message level encryption, acceptable use and application control capabilities to secure web and email communications. 5.2.6.8 Secure Access—Products that provide secure access to the network for any device, including personally owned mobile devices(laptops,tablets, and smart phones). Capabilities should include: Management visibility for device access Self-service on-boarding Centralized policy enforcement i Differentiated access and services Device Management 5.2.8 SWITCHES— Layer 2/3 devices that are used to connect segments of a LAN (local area network)or multiple LANs and to filter and forward packets among them. 2 Page 128 of 633 State of Utah Contract Number: AR1470 5.2.8.1 Campus LAN–Access Switches—Provides initial connectivity for devices to the network and controls user and workgroup access to internetwork resources. The following are some of the features a campus LAN access switch should support: Security i. SSHv2(Secure Shell Version 2) ii. 802.1 X(Port Based Network Access Control) iii. Port Security iv. DHCP (Dynamic Host Configuration Protocol) Snooping VLANs Fast Ethernet/Gigabit Ethernet PoE (Power over Ethernet) link aggregation 10 Gb support Port mirroring Span Taps Support of lPv6 and lPv4 Standards-based rapid spanning tree Netflow Support(Optional). 5.2.8.2 Campus LAN–Core Switches—Campus core switches are generally used for the campus backbone and are responsible for transporting large amounts of traffic both reliably and quickly. Core switches should provide: High bandwidth Low latency Hot swappable power supplies and fans • Security SSHv2 MacSec encryption Role-Based Access Control Lists(ACL) Support of lPv6 and lPv4 1/10/40/100 Gbps support IGP (Interior Gateway Protocol) routing EGP(Exterior Gateway Protocol)routing VPLS (Virtual Private LAN Service)Support VRRP(Virtual Router Redundancy Protocol)Support Netflow Support. 5.2.8.3 Campus Distribution Switches—Collect the data from all the access layer switches and forward it to the core layer switches.Traffic that is generated at Layer 2 on a switched network needs to be managed, or segmented into Virtual Local Area Networks(VLANs), Distribution layer switches provides the inter- VLAN routing functions so that one VLAN can communicate with another on the network. Distribution layer switches provides advanced security policies that can be applied to network traffic using Access Control Lists(ACLs). High bandwidth I 3 i Page 129 of 633 State of Utah Contract Number: AR1470 Low latency Hot swappable power supplies and fans Security(SSHv2 and/or 802.1X) Support of IPv6 and IPv4 Jumbo Frames Support Dynamic Trunking Protocol(DTP) Per-VLAN Rapid Spanning Tree(PVRST+) Switch-port auto recovery NetFlow Support or equivalent 5.2.8.4 Data Center Switches—Data center switches, or Layer 213 switches,switch all packets in the data center by switching or routing good ones to their final destinations,and discard unwanted traffic using Access Control Lists(ACLs),all at Gigabit and 10 Gigabit speeds. High availability and modularity differentiates a typical Layer 2/3 switch from a data center switch.Capabilities should include: High bandwidth Low latency Hot swappable power supplies and fans Ultra-low latency through wire-speed ports with nanosecond port-to-port latency and hardware-based Inter-Switch Link(ISL)trunking Load Balancing across Trunk group able to use packet based load balancing scheme Bridging of Fibre Channel SANs and Ethernet fabrics Jumbo Frame Support Plug and Play Fabric formation that allows a new switch that joins the fabric to automatically become a member Ability to remotely disable and enable individual ports Support NetFlow or equivalent 5.2.8.5 Software Defined Networks(SDN)-Virtualized Switches and Routers— Technology utilized to support software manipulation of hardware for specific use cases. 5.2.8.6 Software Defined Networks(SDN)—Controllers-is an application in software- defined networking (SDN)that manages flow control to enable intelligent networking. SDN controllers are based on protocols,such as OpenFlow,that allow servers to tell switches where to send packets.The SDN controller lies between network devices at one end and applications at the other end.Any communications between applications and devices have to go through the controller.The controller uses multiple routing protocols including OpenFlow to configure network devices and choose the optimal network path for application traffic. 5.2.8.7 Carrier Aggregation Switches—Carrier aggregation switches route traffic in addition to bridging(transmitted)Layer 2/Ethernet traffic. Carrier aggregation switches'major characteristics are: Designed for Metro Ethernet networks Designed for video and other high bandwidth applications Supports a variety of interface types, especially those commonly used by Service Providers Capabilities should include: 4 Page 130 of 633 State of Utah Contract Number: AR1470 Redundant Processors Redundant Power IPv4 and IPv6 unicast and multicast High bandwidth Low latency Hot swappable power supplies and fans MPLS (Multiprotocol Label Switching) BGP(Border Gateway Protocol) Software router virtualization and/or multiple routing tables Policy based routing • Layer 2 functionality Per VLAN Spanning Tree Rapid Spanning Tree VLAN IDs up to 4096 Layer 2 Class of Service(IEEE 802.1 p) Link Aggregation Control Protocol(LACP) QinQ (IEEE 802.1ad) 5.2.8.8 Carrier Ethernet Access Switches—A carrier Ethernet access switch can connect directly to the customer or be utilized as a network interface on the service side to provide layer 2 services. Hot-swappable and field-replaceable integrated power supply and fan tray AC or DC power supply with DC input ranging from 18V to 32 VDC and 36V to 72 VDC Ethernet and console port for manageability SD flash card slot for additional external storage Stratum 3 network clock Line-rate performance with a minimum of 62-million packets per second(MPPS) forwarding rate s Support for dying gasp on loss of power Support for a variety of small form factor pluggable transceiver(SFP and SFP+)with support for Device Object Model (DOM) Timing services for a converged access network to support mobile solutions, including Radio Access Network(RAN)applications Support for Synchronous Ethernet(SyncE) services Supports Hierarchical Quality of Service(H-QoS)to provide granular traffic-shaping policies Supports Resilient Ethernet Protocol REP/G.8032 for rapid layer-two convergence 5.2.9 WIRELESS—Provides connectivity to wireless devices within a limited geographic area. System capabilities should include: Redundancy and automatic failover j IPv6 compatibility NTP Support 5.2.9.1 Access Points—A wireless Access Point(AP) is a device that allows wireless 5 Page 131 of 633 State of Utah Contract Number: AR1470 devices to connect to a wired network using Wi-Fi, or related standards. Capabilities should include: 802.11 a/b/g/n 802.11 n 802.11 ac Capable of controller discovery method via DHCP(onsite controller or offsite through Cloud Architecture) UL2043 plenum rated for safe mounting in a variety of indoor environments Support AES-CCMP(128-bit) Provides real-time wireless intrusion monitoring and detection 5.2.9.2 Outdoor Wireless Access Points—Outdoor APs are rugged,with a metal cover and a DIN rail or other type of mount. During operations they can tolerate a wide temperature range, high humidity and exposure to water, dust, and oil. Capabilities should include: Flexible Deployment Options Provides real-time wireless intrusion monitoring and detection Capable of controller discovery method via DHCP(onsite controller or offsite through j Cloud Architecture) 5.2.9.3 Wireless LAN Controllers—An onsite or offsite solution utilized to manage light- weight access points in large quantities by the network administrator or network operations center.The WLAN controller automatically handles the configuration of wireless access-points. Capabilities should include: Ability to monitor and mitigate RF interference/self-heal Support seamless roaming from AP to AP without requiring re-authentication Support configurable access control lists to filter traffic and denying wireless peer to peer traffic System encrypts all management layer traffic and passes it through a secure tunnel Policy management of users and devices provides ability to de-authorize or deny devices without denying the credentials of the user, nor disrupting other AP traffic Support configurable access control lists to filter traffic and denying wireless peer to peer traffic 5.2.9.4 Wireless LAN Network Services and Management— Enables network administrators to quickly plan, configure and deploy a wireless network, as well as provide additional WLAN services. Some examples include wireless security, asset tracking, and location services. Capabilities should include: Provide for redundancy and automatic failover Historical trend and real time performance reporting is supported Management access to wireless network components is secured SNMPv3 enabled RFC 1213 compliant Automatically discover wireless network components Capability to alert for outages and utilization threshold exceptions Capability to support Apple's Bonjour Protocol/mDNS QoS/Application identification capability 5.2.9.5 Cloud-based services for Access Points—Cloud-based management of campus-wide WiFi deployments and distributed multi-site networks. Capabilities 6 1 Page 132 of 633 State of Utah Contract Number: AR1470 include: Zero-touch access point provisioning Network-wide visibility and control RF optimization, Firmware updates 5.2.9.6 Bring Your Own Device(BYOD)—Mobile Data Management(MDM) technology utilized to allow employees to bring personally owned mobile devices (laptops,tablets, and smart phones)to their workplace, and use those devices to j access privileged government information and applications in a secure manner. Capabilities should include: Ability to apply corporate policy to new devices accessing the network resources, whether wired or wireless Provide user and devices authentication to the network Provide secure remote access capability Support 802.1x Network optimization for performance, scalability, and user experience 5.3.1 SERVICES —For each Category above(5.21-5.30), the following services should be available for procurement as well at the time of product purchase or anytime afterwards. 5.3.1.1 Maintenance Services—Capability to provide technical support,flexible hardware coverage, and smart, proactive device diagnostics for hardware. 5.3.1.2 Professional Services Deployment Services Survey/Design Services— Includes, but not limited to, discovery,design, architecture review/validation, and readiness assessment. Implementation Services— Includes, but not limited to, basic installation and configuration or end-to-end integration and deployment. Optimization—Includes, but not limited to, assessing operational environment readiness, identify ways to increase efficiencies throughout the network, and optimize Customer's infrastructure, applications and service management. Remote Management Services— Includes, but not limited to,continuous monitoring, incident management, problem management, change management, and utilization and performance reporting that may be on a subscription basis. Consulting/Advisory Services— Includes, but not limited to, assessing the availability, reliability, security and performance of Customer's existing solutions. Data Communications Architectural Design Services—Developing architectural strategies and roadmaps for transforming Customer's existing network architecture and operations management. Statement of Work(SOW) Services—Customer-specific tasks to be accomplished and/or services to be delivered based on Customer's business and technical requirements. 5.3.1.3 Partner Services— Provided by Contractor's Authorized Partners/Resellers. Subject to Contractor's approval and the certifications held by its Partners/Resellers, many Partners/Resellers can also offer and provide some or all of the Services as listed above at competitive pricing,along with local presence and support. As the prime, Contractor is still ultimately responsible for the performance of its Partners/ 7 Page 133 of 633 I State of Utah Contract Number: AR1470 Resellers. Customers can have the option to purchase the Services to be directly delivered by Contractor(OEM)or its certified Partners/Resellers. 5.3.1.4 Training—Learning offerings for IT professionals on networking technologies, including but not limited to designing, implementing,operating,configuring, and troubleshooting network systems pertaining to items provided under the master agreement. f i i i f i s Page 134 of 633 STATE OF UTAH CONTRACT NUMBER–AR1470 Attachment C–Pricing Solicitation Number JP14001 WSCA-NASPO Data Communications RFP Vendor Name: Enterasys Networks, Inc. RFP Product Categories: Minimum Discount Percentage: 5.2.2 NETWORKING SOFTWARE Discount%,__,38 5.2.5 ROUTERS Discount%—38- 5.2.6 SECURITY Discount%—38- 5.2.8 SWITCHES Discount%—38- 5.2.9 WIRELESS Discount% 38 Current Enterasys Networks, Inc. pricing sheets, approved by the State of Utah, can be found at the following web link: I VENDOR PRICING SHEETS CLICK HERE IMPORTANT:The minimum discount percentage listed in this attachment is for general informational purposes only and may not apply to every line item authorized under this contract. For specific item pricing, please refer to the contact price list weblink provided in this document. Vendors are required to post state specific pricing on their hosted website or through the WSCA-NASPO eMarket center as required by solicitation JP14001, in addition to the vendor pricing sheets approved and hosted by the State of Utah's master contract summary sheet.The State of Utah vendor pricing sheets will serve as the approved base price and do not include any applicable state specific administrative fees. State specific pricing, hosted on the vendor website or WSCA-NASPO eMarketcenter may reflect authorized state specific administrative fees. No other fees are authorized under this contract. Pricing audits may be conducted at any time by the State of Utah,WSCA-NASPO, or 3rd party audit provider to ensure accurate pricing. Per Solicitation JP14001, the following pricing/product requirements and instructions apply: 1.11 Pricing Structure Pricing Structure: Pricing for the State of Utah WSCA-NASPO Master Agreements shall be based on 1 Page 135 of 633 the Percent Discount off the current global MSRP Schedule applicable to United States customers. 1.12 Price Guarantee Period Price Guarantee Period: The Data Communication Provider's Discount rate shall remain in effect for the term of the WSCA-NASPO Master Price Agreement. 1.13 Price Escalation Equipment,Supplies and Services: Data Communications provider may update the pricing on their MSRP price list one time every year after the first year of the original contract term. The WSCA-NASPO Contract Administrator will review a documented request for a Price Schedule price list adjustment only after the Price Guarantee Period. 1.14 Price Reductions In the event of a price decrease in any category of product at any time during the contract in a Provider's Price Schedule, including renewal options, the WSCA-NASPO Contract Administrator shall be notified immediately. All Price Schedule price reductions shall be effective upon the notification provided to the WSCA-NASPO Master Agreement Administrator. 1.20 WSCA Administrative Fee The Contracted Supplier must pay a WSCA-NASPO administrative fee of one quarter of one percent (.25%)in accordance with the terms and conditions of the contract.The WSCA-NASPO administrative fee shall be submitted quarterly and is based on the actual sales of all products and services in conjunction with your quarterly reports.The WSCA-NASPO administrative fee must be included when determining the pricing offered.The WSCA-NASPO administrative fee is not negotiable and shall not be added as a separate line item on an invoice. Additionally, some WSCA-NASPO participating entities may require that an administrative fee be paid directly to the WSCA-NASPO participating entity on purchases made by purchasing entities within that State. For all such requests, the fee percentage, payment method and payment schedule for the participating entity's administrative fee will be incorporated in the Participating Addendum. Data Communications Provider will be held harmless,and may adjust(increase)the WSCA-NASPO Master Agreement pricing by the fee percentage for that participating entity accordingly for purchases made by purchasing entities within the jurisdiction of the State. All such agreements may not affect the WSCANASPO fee or the prices paid by the purchasing entities outside the jurisdiction of the participating entities requesting the additional fee. 5.3.2 ADDING PRODUCTS The ability to add new equipment and services is for the convenience and benefit of WSCA-NASPO, the Participating States, and all the Authorized Purchasers.The intent of this process is to promote"one-stop shopping"and convenience for the customers and equally important,to make the contract flexible in keeping up with rapid technological advances. The option to add new product or service categories and/items will expedite the delivery and implementation of new technology solutions for the benefit of the Authorized Purchasers. After the contracts are awarded, additional IT product categories and/or items may be added per the request of the Contractor, a Participating State, an Authorized Purchaser or WSCA-NASPO. Additions may be ad hoc and temporary in nature or permanent. All additions to an awarded Contractor or Manufacturer's offerings must be products, services, software, or solutions that are commercially available at the time they are added to the contract award and fall within the original scope and intent of the RFP(i.e., converged technologies,value adds to manufacturer's solution offerings, etc.). 5.3.2.1 New Product from Contractors — If Contractor, a Participating State, an Authorized Purchaser or WSCA-NASPO itself requests to add new product categories permanently,then all awarded Contractors(Manufacturers)will be notified of the proposed change and will have the opportunity to work 2 Page 136 of 633 with WSCA to determine applicability, introduction, etc. Any new products or services must be reviewed and approved by the State of Utah WSCA-NASPO Contract Administrator. 5.3.2.2 Ad Hoc Product Additions—A request for an ad hoc, temporary addition of a product category/item must be submitted to WSCA-NASPO via the governmental entity's contracting/purchasing officer. Ad hoc,temporary requests will be handled on a case-by-case basis.The State of Utah WSCA- NASPO Contract Administrator must also be notified and will review and approve the addition before the purchase is finalized by the end user.The State of Utah WSCA-NASPO Contract Administrator has the final approval on any Ad Hoc product additions. 5.3.2.3 Pricelist Updates—As part of each Contractor's ongoing updates to its pricelists throughout the contract term, Contractor can add new SKUs to its awarded product categories that may have been developed in-house or obtained through mergers, acquisitions or joint ventures; provided, however,that such new SKUs fall within the Contractor's awarded product categories. Updated price lists will be reviewed and approved by the State of Utah WSCA-NASPO Contract Administrator before the revised price list is considered valid. 3 Page 137 of 633 1'j r Sf i)rlr 4tl ! 1, 2ts fis { 2+2 1 ` 2> Ii i +s It { 7+ t 1f 2f `` �l li}'311A tM7i } �r�� +� 4r r It � Et s Et s Et s Et s Et 2 ++- }a y 2{{yl )+ , 4r ;r syr} ;! ,yr+ ;! ,yr+ ;! ,yr+ ;! ,yr+ ;! ,yr+ ... 1,} Contact Information STEP CG ' ti`N: Danny Poindexter Regional Sales Executive 407Vine StSuite 210 Cincinnati OH 45202 !}$EYv)y rly iy'�14 r' r�r{rr ;y,ly+r+}1;1��r+4f;l� r 281-989-7878 tt? +I,iP,i ',,tl , is '`fk,'t,` }4`,',`§,' 844-478-3724 281-989-7878 `,,s,,,,S:;�,,, dpoindextero__stepcg.com Ordering Information Danny Poindexter 407 Vine St Suite 210 Cincinnati OH 45202 r{r 281-989-7878 tv, I'P{ '110, } `C' ',,,}',,,`;i4,'844-478-3724 281-989-7878 dpoindexter@stepca.com WWW.Stepcq.COm 407 Vine St Suite 210 Cincinnati OH 45202 Page 138 of 633 The entire Extreme Networks NASPOcontract price list can befound at http:ZZwww.naspovaluepoint.orgZ#Zcontract-detailsZ4Zcontractor 25 IA-ES-1K $7,995M 38% $4,956.90 NAC ENTERPRISE LICENSE FOR 1K ES $1,398.00 6% $1,314.12 EW Software Subscription V V2110 V10 Virtual ireless Appliance for 30313 $2,695.00 3S% $1,670.90 FFCCdomain(For 7� following countries:US, Puerto Rico,Colombia). Base of 8AP's, expandable to 525 APs in I or IGAP increments ?, includes 2 free Radar _ 30311 $1.'Go 39% $0.62 VID Regulatory Domain Key for FCC domain(For following countries:US,UPGRADE(C25,V2110�WS-APCAP-16 $2,2135.00 39% $1,422.90 16AP CAPACITY UPGRADE(C25,V2110�Page 139 of 633 31012 $1,195.00 39% $740.9,0 (Dual band Dual Radio 802.11aclabgn,4x4:4 MRMO Indoor wave2 access point with eight internal antenna array and active/active E/N data ports..Restricted Regulatory Domain:FCC (For following countries:US,Puerto R3' Rico,Colombia) 97003-30313 $3fi 1.#)d fi%� $338.4{7 ELN SOFTWARE SUB 3 N3T3Software 9To63 52(1252 $T5.66 5°k r -r$14,16 ELN Software Sub senption p.oftware 97004-310 1.2 � $56.66 ]tato $44.01)EW i BE)A H R 310 1.2hardware 97 3-52(1255- $tfi7.6[1 fi% $75fi.98 EW Software Subschl:I n Software $495.00 39'% $306.9,0 Dual Radio 802.11ac/abgn,2x2:2 7 31028 MRMo Indoor Wave 2 $1,295:[{9 38% $8 209 Dual Radio 802.11ac/abgn,2x2;2 31055 RU1IMO Outdoor Wave 2 30514 $199.09 38'% $1.23.38 {Outdoor articulating mounting bracket for AP39b5ife 307G9 $55.00 38% $34.10 Indoor 2.4GHz dipole antenna(4-pack) 30716 $2,499..00 39% $1,549.3& Outdoor5GHz,four feed,5dBi,25 degree sector antenna with WS-GAB-L400GLiGN $99.00 38 $61.38 LMR400 6 FT N B Page 140 of 633 WS-APCAP-1 $19"3.0 k 3S% $123.39 SINGLE AP CAPACFY UPGRADE(C25,V21101 PD-9591G&ENT $799.0 3Sx` $495.35 SINGLEPCRT502.3AT PLUS OUTDOOR MIIDSPAN PI]-MBKOUT $129.00 38 $79.99 MOUNTING BRACKET FOR OUTDOOR M I ID,SPA NS 0137004-31028' 63&.00 12% $31,6-8 E�,�§1 N'BD AHR 31028E Hardware T 97004-31055 i $74.00 12% $615.12 E-W N B D A H R 31055 Hardware 97 3-523252 ----- $t5.ika fi $14.113 E"a'd Software Su6scraptgon Software � r 88964 iP5 ESU-5 $IlIl 875.#A6 Il6°6 $16,67F.7 ES 7T FF E 5ERk10CE UMTS,5 PACK Professional Servsces a --- ---- --- --- -- ---- ----- ---- ---- ---- ----- Page 141 of 633 Start Here: https://www.dms.myflorida.com/business operations/state purchasing/state contracts and a reeme nts/alternate contract source/data communications products and services • Click"Pricing" (listed below) Search Flprida.rNepaRment of Manacement Services.>Busmess operations>Stake Purchasing>State Contracts and Agreements> Ll Search Current Location O=nly Alternate G©ntract S urce>Data Communications Products and Services>Contractors Data,communications Data Communications Products and Services Products and Services 43220000-WSCA-14-ACS Pricing Contractors Product Categones Last.. Florida Climate Utilizes Recycled Coverage Contractors Name CBE Cade Friendly Products Authorized :.Area Contractors-R9trarn Inc. Preferred Resellers Products • Click"Extreme Price List" (listed below) Data Communications Products and Services 4.32200 0-'I SCA-1 4-ACS Piricin Please Note: Any state agency needing to purchase any of the followings services should contact the Division of Telecommunications(DivTel)at ISMS: Centrex-1 Voice over internet Protocol(Vol P).SUNCOM services,Session Initiation Protocol(SIP)Trunkiirtg,Audio Conferencing,Web conferencing,Video Conferencing,Long Distance,Toll free;and Contact Center. Please contact D!vTel for more information,John Starling at 850-410-0004.John.Star'ling@lms.myflorlid,a.com or Mohammad Amirzadert„at 850-922-7476, Moham mad Arn:irzadeh@d!ms.myflorida corn. Adtran Inc.Price List Avaya Inc.- Price List Brocade Price List Cisco Price List, Gell Price List EMC Corporation Price List Extreme Price List FS Neti arks Inc (x 277 01 KB) Fujitsu Network Communications. Inc. Price List Hewlett-Packard Price List Juniper Price List Mltel Price List Page 142 of 633 • This will redirect you to the NASPO Value Point website and the list of Extreme Networks products and services (same as this link: http:ZZwww.naspovaluepoint.orgZ#Zcontract- detailsZ4ZcontractorZ25) • Click"Extreme Networks Price File May 2018" (listed below) E W-L- -- mit-N N ,-%-L-works Data Communications Products &Services CURRENT EXP�PATION� INCEPT�ON,. May 311, 2019 J 0 1, 2 0 14 DOCUMENTS Extri'-'me, Nezwork,,,.�.-., Ma,.-.,ter Agreemer)t Exurerne Neiworks Fj, e FH e May 2018 r-Xj�(err-e, Networks Prop,osal • Br,,---,,�cacle A(,1-,S,11gnrner--iT. T..,o EX7.ren,-ie 'Extrerr-e acqi-ilsition of'Avaya Bush-,ess Compare to the document "Extreme Networks NASP Contract pricing" listed as Other Attachment in the Commission Agenda Item. Page 143 of 633 6.G. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Approve utilizing the State of Florida Contract DMS-12/13- 001H with Jade Communications, Inc. of Boca Raton, FL for Telecommunications infrastructure needed at the interim Police Facility in the approximate amount of$46,010. The City is allowed to utilize the State of Florida contracts in accordance with City's procurement procedures. EXPLANATION OF REQUEST: Current Renewal Period: July 1, 2016 - June 30, 2019 The City is embarking on the Town Square project which involves the Police Department moving to an interim location for 24-36 months on High Ridge Road. I n order to accommodate the functions of the Police Department the interim space needs various ITS related infrastructure installed. (i.e. cabling, switches, Cat6, Voice/Data, etc.) The proposed vendor is under contract with the State of Florida and has provided the City with an estimate of $46,010.00 for the services needed. Staff recommends proceeding with Jade Communications, Inc. in order to proceed with the Police Department move. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow the interim Police Facility to be equipped with needed ITS infrastructure in order to accommodate the move. FISCAL IMPACT: The costs will be charged to account 001-1214-512-49-17. ALTERNATIVES: The city could issue its own bid but staff believes this is the best and most efficient manner in procuring these needed services. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 144 of 633 Grant Amount: ATTACHMENTS: Type Description D Attachment Jade Comm Proposal D Attachment State of FIL Contract Page 145 of 633 Page 1 of 1 Date: 6-13-201 PROPOSAL NO: 70238 ITT TO- Doug Solomon Company Name &Address- Job Location: Boynton Beach Police Department Boynton Beach PoliceDepartment New Build out Facility Phone u b r: 561-742-6117Email.' Salo onci bbfLus We hereby submit cific ti ns and estimatefor: Plenum Cat 6 cabling. Provide labor and materials to install (169) Ct6, Voice / Data, cables. All Cat6 cables will terminate on patch panels in floor mount racks. (4) Racks include one front and back full vertical cable manager, ladder rack, and horizontal cable management for each patch panel. Outlet locations will be as shown on provided plan sheets. Ceilings will be accessible/open/ under construction. JCI will provide a lift for the high ceiling and will need access for cable pathways. Hours will be daytimeMonday-Friday. For access to the trailer JCI will core (2) holes in the concrete and install (2) 10 foot sealtight conduits. (1) For O Cat 6 cables and terminate in a surface mount box, and (1) will be for others. Included is backbone cabling (12) Cat 6 cables that will link the MDF to an IF wall mount cabinet. Cabinet will be provided by PD & installed by JCI, on a new plywood backboard. Cat6 will be certified, & all cables labeled & supported with Data rated J-hooks. We hereby propose to furnish labor and materials-complete in accordance with the above specifications, for the sum of$46,010.00 Balance due upon receipt of invoice. All material is guaranteed to be as specified. All work above to be completed in a skillful manner according to standard practices. Any alteration or deviation from above specifications involving extra cost, will be executed only upon written orders, and will become a "T & W extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. No permit fee's or bonding is included in this quotation. This proposal is subject to acceptance within thirty days and is void hereafter at the option of the undersigned. Florida License ES0000112. Pricing includes sales tax. AUTHORIZED NAME Christopher Deaetano 6-13-2018 ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature ate 661 E.1 OGE 1 L °BOC A RATON,FLORIDA 334137-(561)947@5552° (561)997-5935 Page 146 of 633 Irl-YXITRACT,P2131% AND JADE COM&MNICA770Nk INC MNTRACTNO.- AA� YMB AMEMBIENT to to Duni Agraement DMS-12113-MIK~v*J*1, 2013 rAgmwnwvr),Is entered into=of Vw ftM Dqmftment w set fath the dufte mid oblaaflons of SepAce Provkbr end Department In mbtbn to SerAos NmMeee poifommme Is Mas In conneeffon wfth dw Aqrwnent r yeare of rawmi and WHEREAS,the CantmftrwMm tD * 2016;and WHEREAS,the Deparkrrent vMwe to enrobe b OPUM 10 mow the Contmot 1br an eddMaml R to Caftact alb . agm that the Teim of Oft Conftd shW1 be mrowed for an additiorml peri extended,yamrs =nmencft an July 1, 2016wW ow.finuft throWh June 3D, 2019, unkm cancohd or terminated as proWded In the tome and owWWom of to ..,,. OrWnal PrIM Is hereby reds PwwM r a apwft stab funds ftm vAloh contract 2M SPECIAL CATEGORIES .. ��a. a ? ,� �,�a �.. ...�m Etnead`neY'd N14,: 4 t?'s'" 1,af2 _. Page 147 of 633 CENTREX AND SUNCOM PAYMENTS FROM COMMUNICATIONS WORKING CAPITAL TRUST RJND,......,$`100,035,421 AD~tem and exxIllione of the Contmat shell remain In fWI 90 AGRM by Ro pwfes'auMortzed ■ ■on ft daw noted below. oF.PARTMENT OF ' \ E T SERVICES ^ � - � « W R: l§ r ' k v .�_�. k# Z�Cc'*D " ! Communications, ! . r _ Se e L?ya;1G P ®idem{ _ � �% ; ,2 . 61 \D!/Dais »t2NA: DMG32 »&me \ .#ram : ° : 4 = # 2 ofZ Page 148 0 633 CONTRACTISETWEEN FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AND JADE COMMUNICATIONS, INC. CONTRACT ® DMS-1 2113-001 H This Contract is by and between the State of Florida, Department of Management Services. Division of Telecommunications (Department), an agency of the State of Florida with offices at 4030 Esplanade Way, Tallahassee, Florida 32399-0950, and Jade Communications, Inc, (Contractor). WHEREAS, the Contractor replied to the Division's Request for Proposals (RFP) .® DMS- 12113-001 —TELECOMMUNICATION INFRASTRUCTURE PROJECT SERVICES (TIPS); WHEREAS, the Contractor was one of the 5 highest ranked respondents for Regions 9 and 10 based upon Section 2,14 of the RFP entitled, wResponse Evaluation Process/Criteria/Award;" WHEREAS, the Department has determined to accept the Contractors response and to enter Into this Contract. WHEREFORE, in consideration of the mutual promises contained herein, the Department and the Contractor hereby enter into this Contract. NAME OF PROJECT TELECOMMUNICATION INFRASTRUCTURE PROJECT SERVICES (TIPS) t ® SUMMARY OF THE CONTRACTUAL SERVICES (SCOPE OF WORK) The Contractor will furnish all labor, materials, tools, and equipment to provide a cabling distribution system for analog, digital and VoIP telephony, audio, video, and networking data. The cabling distribution systems, components of cabling distribution systems, and any materials utilized by the Contractor to provide services to Customers shall meet or exceed the specifications contained in the Technical Speoffications, Section 3 of the REP. The services provided to Customers by the Contractor include systems for new buIli ng construction, building renovations, inter-building. Intra-building, outside plant, Projects, and MAC to existing systems. The Contractor is required to use all the materials as specified in the Technical Specifications, Section 3 of the Exhibit 1, when the material is specifically described. The scope of work varies from small MACs to large Prnjects. I . DELIVERABLES The Contractor will provide the deliverables as outlined in EXHIBIT 1, Section 3, as attached, for Regions 9 and 10 as outlined in EXHIBIT 1, A17ACHMENT 9. Enforcement of the service level performance standards in Section 3.06 shall be at the soI e discretion of the Division. Customers shall be able to include specific SLAs fbr their projects as part of it direct order. Conftect No.. DFAS12/13-001H Page I of 4 Page 149 of 633 IV. PROVISIONS The provisions of section 287.058(1)(a)-(c), and (g) F.S, are hereby incorporated by reference. VREMEDIES AVAILABLE TO THE DEPARTMENT FOR FAILURE OF CONTRACTOR TO MEET THE REQUIRMENTS OF THE CONTRACT A. Default pursuant to rule 6OA-1,006, Florida Administrafive Code,, B. Termination for Cause pursuant to ® n 23 of the P UR 1000; and C. Any other remedies available it) the Department under the contract or as authorized by law. V1. EFFECTIVE DATE This Contract shall begin on July 1, 2013, or on the last date in which it is signed by all parties,whichever is later. ® TERM OF THE CONTRACT, EXPIRATION DATE,AND RENEWAL As stated in EXHIBIT 1, section 6.06 Contract Term, the Contract shall begin on July 1, 2013, or on the lost date signed by either party, and shall end June 30, 2016. Therefore as provided in Section 1.03 of the solicitation, the term of the Contract will be three years with three renewal years. However, during the term of the Contract, the Department may find it necessary to renew the the Contract in increments, complete term, or combination thereof, as long as the original renewal price[s] bid are not exceeded. Sel Rule 60A-11.0413(1)(a), F.A.C. Such a change shall be accomplished only by an amendment to the Contract. Also, under no circumstances will the renewal years specified in the solicitation document be exceeded, Execution of all renewals shall be done via a contract amendment, and shall remain subject to at least satisfactory performance by the Contractor. Vill. INTELLECTUAL PROPERTY OWNERSHIP The parties do not anticipate that any intellectual property will be developed as a result of this contract. However, if any intellectual property is developed or created as a result of this contract, all rights to such property will belong to the Department. IX. CONTRACT DOCUMENTS This Contract, together with the following attached documents, set forth the entire understanding of the parties with respect to the subject matter. In case of conflict, the terms of this Contract shall control. Under the Contract cu n , Respondent shall be defined as "Contractor." If a conflict exists among any of the attached documents, the documents shall have priority in the order listed; A. Contract. a. EXHIBIT 1, Relevant portions from RFP No.: DMS-12/13-001, as attached, including attachments 9, 1 D, 15, 16, 17, and 19. Contract No., DNS 12/13-001 H Page 2 of 4 Page 150 of 633 C. EXHIBIT Its Relevant portions of the Contractor's Response tot RFP, comprised of attachments 12, and 14, as submitted. X. COMPENSATION In exchange for satisfactorily providing the services identified in this contract, Contractor willbe compensated as specified in EXHIBIT 11,ATTACHMENT 12- Price Sheet of the Contractors response tot RFP. Invoices *hall be submitted and approved by the Department's Contract Manager before Contractor is compensated for services provided. Payment shall be processed in accordance with chapter 215. Florida Statutes. X1. ORDERING Section 4.04(D.) of EXHIBIT I explains the Division's Ordering processes. For the Contnact, the Contractor shall use the following particular methods for accepting orders: A. pftA,Q rde M The Contractor shall accept direct orders from OaSIS. The Contractor shall update OaSIS with fulfillment data once the order is satisfied. B. Draft Orders Customers may post a draft order request through OaSIS. If the Contractor eI ects to respond to the Customer's draft order request, the Contractor shall submit a draff order to fulfill the Customer's needs. Once a Customer accepts the Contractor's draft order, the draft order shall be considered final and accepted and aLdhorized by the Customer. If OaSIS is not capable of facilitating aII or part of this ordering process, the Contractor shall accept Customer Service Authorization orders from Customers ort Department. XIL INVOICING Section 4.04(F.) of EXHIBIT I explains the Division's Invoicing processes through OaSIS. If OaSIS is not capable of facilitating all or part of the invoicing process, the Contractor shall send an invoice through mail or electronically to the Departments Contract Manager. The Contractor shall ensure that all invoices have sufficlent detail to do a line it comparison with the respective order. X1111. CONTRACT MANAGEMENT ® Contract Adm In istrator tract Administrator is the DMS employee who is primarily responsible for maintaining this Contract. As of the effective date, the Contract Administrator shall be as follows: Christina Espinosa Departmental Purchasing Department of Management Services 4050 Esplanade Way, Suite 380-9z Tallahassee, FIL 32399-DQSO Telephone. (850)410-2404 Qhristina—.E-smlnosa dms.m oridaaom Contract No.., DMS 12/13-001 H Page 3 of 4 Page 151 of 633 Department may appoint a different Contract Administrator, which shall not constitute an amendment to the Contract, by sending written notice to Contractor, B. Cc p1,M2LM'aa&a&_r&Prolect Manaaer The Department shall designate—an employee primarily responsible for overseeing the Contractors performance of Its duties and obligations pursuant to the terms of the Contract, The Contract Manager shall be as follows: James Mo"dick er, Telecom Engineer Division of Telecommunications Department of Management Services 4030 Esplanade Way Tallahassee, FL 32399-0960 Telephone: (850)414-6771 E-mail: j3mes-mcvjcker@dms.myffori da.00m The Department may appoint a different Contract Manager, which shall not constitute an amendment to the Contract, by sending written notice to Contractor. Any communication tot Department relating to the Contract shall be addressed to the Contract Manager. C. Rroje.t_gpntact Serge Leblanc, President Jade Communications, Inc. 6610 E. Rogers Circle Boca Raton, FL 33487 Telephone: (561)997-8552 E-mail: sergel@jade-com.corn 80 AGREED by the,parties' a uthorized representatives on the dates noted below: tum I STATE OF FLORIDA JAD MUNICATI SecrONS,INC. DE MENT OF MANAGEMENT R F MAN D15C MENT OU; AFGI St t S Stacy A uty etary Z 11 0-1111 1- 1 L ,blofiC , e Date Print Am* ..e ffv-rv— I Date Contract No.., DMS 12113-001 H Page 4 of 4 Page 152 of 633 6.H. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Approved utilizing R. George &Associates, Inc. of Deland, FL to provide moving services for the Library from its current location to the interim locations based on the estimated quote of$74,235. EXPLANATION OF REQUEST: The City issued and advertised RFP#013-1610-18/IT, "Library Relocation Services", the week of April 13, 2018 with a due date of May 3, 2018. The Library move requires some specialty type of moving based on the books, stacks, etc and the need for them to moved and re-shelved in the manner as they were taken from the current Library. Unfortunately the City received no responses to the RFP for Library Relocation Services. Based on the lack of responses and the need to secure a vendor to begin coordinating the move, the City requested the Library Director to reach out to a company the City had used previously (9-10 years ago) to move part of the Library collection. Craig Clark, Library Director, contacted R. George &Associates, Inc. of DeLand, FL. The Library had used the vendor 9-10 years ago when Library was expanded and part of the collection and furniture needed to be moved in to new space. The Library staff had been very pleased with the work that the vendor had done at that time. Originally the plan was for the Library to move to one temporary location for 18-24 months as outlined in the RFP that the City issued. Since that time there have been various opportunities and modifications to the plan and now it is planned that the Library will may move partly to one location and part of the collection will be moved to a storage location. With that R. George &Associates met with the Library Director/Library Staff to walk and review the Library and its collection. Based on that and the current plan to move the Library to a temporary location and utilize a couple other buildings as storage for part of the collection, R. George &Assoc., Inc. gave the following quote. Provide moving services to move the Library contents to 3 different locations, consisting of shelving, books, furniture and artwork hanging on the walls. Based on locations being within 5 miles of the current Library. The estimated cost is$74,235.00. There is a need to secure a vendor for these moving services so Library staff can begin coordinating and setting up a schedule to move the contents of the Library. Based on the City receiving no responses from the advertised RFP, that this vendor has been used for similar services before with the Library and that the Department was extremely satisfied with the vendor, staff is recommending the Commission approve utilizing R. George &Associates fro the Library Relocation Services based on their quote dated 6/8/18. Page 153 of 633 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow the Library to begin coordinating with the vendor as to scheduling how the move can be accomplished in the most efficient manner. FISCAL IMPACT: The costs for this will be charged to account 001-1214-512-49-17. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment R George &Assoc (quote D Attachment List of Respondents to RFP 5-3-13 Page 154 of 633 R. GEORGE INC. P.O. Box 2854 0 Deland, Florida 32721-2854 El" (386)736-2326 TOLL FREE (866)833-3441 E WX(386)736-3706[1 EAAAIL info@rgeorge.com TO: CITY OF BOYNTON BEACH QUOTE#: Q-18-123 ATTEN: CRAIG CLARK,DIRECTOR DATE: 6/8/2018 PROJECT: BOYNTON BEACH PUBLIC LIBRARY We offer the following quotation for the aboveproject: Item oty Catalog# Description Unit Total 1 LOT PROVIDE MOVING SERVICES TO MOVE THE LIBRARY $74,235.00 $74,235.00 CONTENTS TO 3 DIFFERENT BUILDINGS.CONTENTS CONSIST OF SHELVING,BOOKS,FURNITURE AND ARTWORK HANGING ON THE WALLS 1 BUILDING WILL BE SET UP AS THE TEMPORARY LIBRARY LOCATION.OTHER TWO BUILDINGS WILL BE STORAGE IN THE STORAGE LOCATIONS,SHELVING WILL BE SET UP, AND BOOKS WILL BE PLACED ONTO SHELVING IN CALL NUMBER ORDER. ESTIMATED TIME IS 3 WEEKS BEGINNING JULY 13,2018 (CONFIRMATION TO PROCEED NEEDED WITHIN 7 DAYS) PRICING IS BASED ON MOVING CONTENTS TO 2 STORAGE LOCATIONS WITHIN 5 MILES OF THE LIBRARY TOTAL PRICE $74,235.00 BY:AARON KEMBLE NOW ACCEPTING PURCHASE CARD,VISA,OR MASTERCARD. PLEASE ADVISE UPON PLACING ORDER. Page 155 of 633 The City of Boynton Beach Fin ance/Pro curemen t Services 100 E. Boynton Beach Boulevard P. O. Box 310 ' Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX: (561)742-6316 REQUEST FOR PROPOSALS RFP No.: 013-2610-18/IT LIBRARY RELOCATION SERVICES SOLICITATION ISSUE DATE: April 13, 2018 SOLICITATION DUE DATE: May 3, 2018 # OF PROPOSALS SUBMITTED: 0 This list is intended to provide preliminary information regarding the proposals received by the solicitation opening deadline. LIST OF PROPOSERS (IN ALPHABETICAL ORDER) No submittals were received in response to this RFP. Prepared by: Ilyse Triestman, 5/3/18 Witnessed by: Daysi Peguero, 5/3/18 Page 156 of 633 6.1. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ended April 30, 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 seven (7) month period ended April 30, 2018 (58% 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 $ 93,254 $ 68,582 74% $ 83,767 $ 63,219 75% 11.3% 8.5% &Transfers Expenditures $(93,254) $(52,544) 56% $(83,767) $(49,816) 59% 11.3% 5.5% Excess (Deficit) $- $ 16,038 $- $ 13,403 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $16.OM surplus for the period ending April 30, 2018. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $78.2M or 83% of our total $93.2M General Fund budget estimate for FY 2017- 18. Transfers from other funds (non-revenues) provide $15M or 16% of the total funding sources to balance our $93.2M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 36% - $ 34.OM —Property taxes less Tax Increment Financing to the CRA 2. 48% - $44.2M —All other revenues plus General Fund Balance 3. 16% - $ 15.OM —Transfers from other funds 100% - $ 93.2M —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 157 of 633 $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 16% of all funding sources. Actual Funding Sources Realized: At the end of the seventh month in FY 2017-18, revenues and transfers realized are approximately $68.5M or 74% of the budget estimate compared to $63.2M or 75% realized to date in FY 2016-17. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $32.1M as compared to $30.2M for FY 2016-17, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 11.3% from $83.7M to $93.2M. The budget increase was due to the cost of doing business, Town Square project, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures— General Fund expenditures for the seventh month period ending April 30 (58% of the fiscal year) are $52.5M that is 56% of the $93.2M 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 $52.5M or 56% of the FY 2017-18 budget. At this point in the fiscal year, FY2017-18 spending levels are $2.7M ahead of the $49.8M or 59% 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 $ 27,785 60% $42,245 $26,228 62% 10.2% 5.9% &Transfers Expenditures $(46,544) $ (24,862) 53% $(42,245) $(24,163) 57% 10.2% 3.0% Excess (Deficit) $- $ 2,893 $- $ 2,065 For the seventh month period in FY 2017-18, • Revenues realized are $27.7M (60%) of the annual budget estimate. • Expenditures incurred are $24.8M (53%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $2.9M. Expenditures (Exhibit D)— Utility Fund FY 2017-18 expenditures to date are $24.8M or 53% of the annual appropriation compared to expenditures of $24.1 M or 57% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Page 158 of 633 ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum GF Statement of Revenues thru April 30, 2018 D Addendum GF Statement of Expenditures thru April 30, 2018 D Addendum OF Statement of Revenues thru April 30, 2018 D Addendum OF Statement of Expenditures thru April 30, 2018 Page 159 of 633 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended April 30,2018(58%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 $ 39,476,513 95% $ 38,322,309 36,955,085 96% 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 32,115,682 94% 31,640,172 30,272,948 96% LICENSES AND PERMITS BUSINESS TAXES 1,731,000 1,658,357 96% 1,656,000 1,598,507 97% BUILDING PERMITS 2,712,000 1,684,621 62% 2,417,000 1,388,310 57% FRANCHISE FEES 4,865,000 2,822,402 58% 5,065,000 2,609,785 52% OTHR LICENSES,FEES&PER 222,000 191,866 86% 218,000 197,946 91% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 540,119 635% 85,000 7,258 9% STATE SHARED REVENUES 8,677,000 4,537,235 52% 8,674,000 4,835,186 56% SHRD REV FROM OTHR LCL 335,000 88,891 27% 310,000 67,509 22% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 137,657 113% 121,300 134,833 111% CHRGS-GENERAL GOVT 507,800 278,930 55% 459,500 280,349 61% PUBLIC SAFETY 6,086,500 4,933,221 81% 5,133,816 4,687,927 91% PHYSICAL ENVIRONMENT 20,000 13,401 67% 20,000 (475) -2% CULTURE/RECREATION 428,700 275,915 64% 415,500 276,026 66% INTEREST&MISC REVENUE LIBRARY FINES 30,000 11,211 37% 30,000 12,546 42% VIOLATIONS LOCAL ORD. 643,000 130,009 20% 720,000 330,188 46% INTEREST EARNINGS 65,000 3,342 5% 50,000 41,049 82% RENTS AND ROYALTIES 368,800 278,242 75% 368,800 255,928 69% SPECIAL ASSESSMENTS 6,589,000 6,455,802 98% 5,541,500 5,385,342 97% SALE OF SURPLUS MATERIAL 1,500 1,220 81% 2,000 1,259 63% OTHER MISC.REVENUE 4,715,145 201,453 4% 2,725,000 270,235 10% INTERNAL FUND TRANSFERS TRANSFERS 15,067,850 8,789,579 58% 14,842,000 8,657,833 58% FUND BALANCE APPROPRIATED 5,884,506 3,432,629 58% 3,272,149 1,908,754 58% Total Revenues $ 93,253,628 $ 68,581,784 74% $ 83,766,737 63,219,243 75% $100,000 Two Year Cumulative Revenue Comparison and CFY $93,254 $90,000 -Budget-($in thousands) - b� $80,000 ^yh�ti y°1 ^ti y y y�W Oy y^p• 70,000 6 $60,000 �s��iii{ mtt�i $50,000 4 i O t yeti. �f $40,000 t _ t $30,000 s s s $20,000 $10,000 $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 FinanceAFinancud Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-GF-thru Apr 18 Summarized001 Revenue Summary Revised Page 1,6G,of 633 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended April 30,2018(58%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 $ 39,476,513 95% $ 38,322,309 36,955,085 96% 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 32,115,682 94% 31,640,172 30,272,948 96% LICENSES AND PERMITS BUSINESS TAXES 1,731,000 1,658,357 96% 1,656,000 1,598,507 97% BUILDING PERMITS 2,712,000 1,684,621 62% 2,417,000 1,388,310 57% FRANCHISE FEES 4,865,000 2,822,402 58% 5,065,000 2,609,785 52% OTHR LICENSES,FEES&PER 222,000 191,866 86% 218,000 197,946 91% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 540,119 635% 85,000 7,258 9% STATE SHARED REVENUES 8,677,000 4,537,235 52% 8,674,000 4,835,186 56% SHRD REV FROM OTHR LCL 335,000 88,891 27% 310,000 67,509 22% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 137,657 113% 121,300 134,833 111% CHRGS-GENERAL GOVT 507,800 278,930 55% 459,500 280,349 61% PUBLIC SAFETY 6,086,500 4,933,221 81% 5,133,816 4,687,927 91% PHYSICAL ENVIRONMENT 20,000 13,401 67% 20,000 (475) -2% CULTURE/RECREATION 428,700 275,915 64% 415,500 276,026 66% INTEREST&MISC REVENUE LIBRARY FINES 30,000 11,211 37% 30,000 12,546 42% VIOLATIONS LOCAL ORD. 643,000 130,009 20% 720,000 330,188 46% INTEREST EARNINGS 65,000 3,342 5% 50,000 41,049 82% RENTS AND ROYALTIES 368,800 278,242 75% 368,800 255,928 69% SPECIAL ASSESSMENTS 6,589,000 6,455,802 98% 5,541,500 5,385,342 97% SALE OF SURPLUS MATERIAL 1,500 1,220 81% 2,000 1,259 63% OTHER MISC.REVENUE 4,715,145 201,453 4% 2,725,000 270,235 10% INTERNAL FUND TRANSFERS TRANSFERS 15,067,850 8,789,579 58% 14,842,000 8,657,833 58% FUND BALANCE APPROPRIATED 5,884,506 3,432,629 58% 3,272,149 1,908,754 58% Total Revenues $ 93,253,628 $ 68,581,784 74% $ 83,766,737 63,219,243 75% $100,000 Two Year Cumulative Revenue Comparison and CFY $93,254 $90,000 -Budget-($in thousands) - b� $80,000 ^yh�ti y°1 ^ti y y y�W Oy y^p• 70,000 6 $60,000 �s��iii{ mtt�i $50,000 4 i O t yeti. �f $40,000 t _ t $30,000 s s s $20,000 $10,000 $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 FinanceAFinancud Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-GF-thru Apr 18 Summarized001 Revenue Summary Revised Page 1,610,®f 633 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended April 30,2018(58%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 $ 12,957,086 60% $ 20,250,000 $ 12,916,531 64 WATER CONNECTION FEE 150,000 25,160 17% 25,000 52,592 210 WATER SERVICE CHARGE 850,000 550,885 65% 750,000 596,686 80 WTR-BACKFLOW PREVNTR TEST 10,000 10,906 109% 10,000 8,350 84 RECLAIMED WATER SALES 64,000 172,452 269% 60,000 40,758 68 SEWER SERVICE 18,870,000 11,215,239 59% 18,500,000 11,072,612 60 STORMWATER UTILITY FEE 3,800,000 2,250,031 59% 3,800,000 2,230,954 59 TELEVISE SEWER LINES 5,000 8,574 171% 3,500 - 0 FEES 20,000 1,929 10% 15,000 772 5 INTEREST INCOME 35,000 (26,829) -77% 35,000 8,600 25% SALE OF SURPLUS EQUIP. 2,000 - 0% - 1,655 0 OCEAN RGE UT TAX ADM CHG 800 505 63% 800 412 52 MISCELLANEOUS INCOME - 466 0% - 399 0% FUND BALANCE DECREASE(INCREASE) 1,061,993 619,496 58% (1,204,004) (702,336) 58 TOTAL REVENUES $ 46,543,793 $ 27,785,900 60% $ 42,245,296 $ 26,227,985 62 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 _ 0 $46,544 Two Year Cumulative Revenues Comparison and eye CFY Budget-($in thousands) ate' $40,000 0b _ ^6 � I $30,000 I 1y y'1 bv1 I ',. $20,000 _ o.. yti _ � yo I y,�v yy y bo yov yob I $10,000 ^ti tib $o 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 Apr 18 Summari-d401 Rev Sum Page 162 of 633 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended April 30,2018(58%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 $ 1,052,152 54% $ 1,814,027 $ 1,205,038 66% PUBLIC WATER TREATMENT 6,009,493 2,846,407 47% 5,961,748 3,380,399 57% METER READING&SERVICES 1,258,478 766,753 61% 1,111,186 746,766 67% WASTEWATER COLLECTION 1,619,357 907,634 56% 1,624,933 917,081 56% WASTEWATER PUMPING STATNS 2,810,391 1,369,710 49% 2,337,495 1,453,355 62% SEWAGE TREATMENT 4,550,000 1,597,039 35% 3,928,070 1,437,779 37% WATER QUALITY 630,247 354,453 56% 634,776 332,820 52% UTILITY ADMINISTRATION 17,323,917 9,770,437 56% 14,552,941 8,565,212 59% UTILITES ENGINEERING 1,478,276 936,085 63% 1,481,747 943,324 64% STORMWATER MAINTENANCE 1,148,994 636,832 55% 1,008,364 596,114 59% CUSTOMER RELATIONS 1,133,407 728,953 64% 1,369,521 839,545 61% DEBT SERVICE 6,635,075 3,926,103 59% 6,420,488 3,746,093 58% Total Expenditures $ 46,543,793 $ 24,892,558 53% $ 42,245,296 $ 24,163,526 57% -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 546,544 Two Year Cumulative Expenditures Comparison and U CFY Budget-($in thousands) a° $40,000 x�,1° �1 $30,000 y d ^$ti $20,000 �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 Apr 18 Summari-d401 Exp Sum Page 163 of 633 6.J. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy- backs for the procurement of services and/or commodities as described in the written report for J une 19, 2018- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL TERM SOLICITATION NUMBER BOUND TREE Annual Supply of Medical City Bid No. 044-2210- July 3, 2018 thru MEDICAL, LLC; Supplies and Medications 16/J MA July 2, 2019 HENRY SCHEIN, INC.; MIDWESTMEDICAL SUPPLY CO., INC. REHRIG PACIFIC =Injenolded Refuse City Bid No. 048-2510- July 20, 2018 thru and Parts, 15/J MA July 19, 2019 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 164 of 633 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Renewal Report® June 19, 2018 D Attachment Renewal Response® Boundtree D Attachment Renewal Response® Henry Schein D Attachment Renewal Response® Midwest Medical D Attachment Renewal Response® Rehrig Page 165 of 633 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS June 19, 2018 REQUESTING DEPARTMENT. WAREHOUSE DEPARTMENT CONTACT. MICHAEL DAUTA TERM: July 3,2018 thru July 2,2019 SOURCE FOR PURCHASE: City Bid No. 044-2210-16/JMA ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S):BOUND TREE MEDICAL,LLC;HENRY SCHEIN,INC.;MIDWEST MEDICAL SUPPLY CO.,LLC ANNUAL ESTIMATED EXPENDITURE: $160,000.00 DESCRIPTION: On June 21, 2016, City Commission approved a one-year Contract with Bound Tree Medical, LLC;Henry Schein, Inc. and Midwest Medical Supply Co., LLC.for medical supplies and medications for the Fire Department's'EMS and Ocean Rescue Divisions. The Bid allows for two(2)additional one-year renewal terms under the same prices, terms and conditions. On June 6, 2017, City Commission authorized the first, one-year renewal term.All three vendors have agreed to renew the Bid for the final one-year renewal term.As permitted by the Bid terms and Conditions, vendors may request a price adjustment based upon substantiated changes in the marketplace. Bound Tree Medical and Midwest Medical Supply Co. have submitted requests for price changes on some items that have been reviewed and approved by staff. REQUESTING DEPARTMENT.PUBLIC WORKS/SOLID WASTE DEPARTMENT CONTACT.DAVIDSON MONESTIME TERM:July 20,2018 to July 19,2019 SOURCE FOR PURCHASE:City Bid No.048-2510-15/JMA ACCOUNT NUMBER:431-2515-534-52-75 VENDOR(S):REHRIG PACIFIC ANNUAL EXPENDITURE:$125,000.00 DESCRIPTION: On June 16, 2015, City Commission approved a two-year contract with Rehrig Pacific Company of Orlando for the supply of injection molded mobile refuse containers and parts. The Contracts allow for three(3)additional one-year renewal options with the same prices, terms and conditions. One July 18, 2017, City Commission authorized the first renewal term. The vendor has agreed to renew the Contract for the second one-year renewal option thru 2019. The City BeachBoynton 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 April 17, 2018 Andy Farber, Manager Bid and Contracts Bound Tree Medical, LLC. 5000 Tuttle Crossing Blvd. Dublin, OH 43016 "ANNUAL SUPPLY OF MEDICAL SUPPLIES AND ICATIS" ID #fie 057-1412-171IT CURRENT CONTRACT PERIOD: JUL Y3, 2017 THR UJUL Y2, 2018 Dear Mr. Farber: The Contract for"Annual Supply of Medical Supplies and Medications"will expire on July 2, 2018. This contract allows for one(1) additional year renewal with the same terms and conditions. The City of Boynton Beach would like to renew this contract with Bound Tree Medical for an additional one-year extension with the same terms and conditions. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautamQbbfl.us. We look forward to continue working with you. If you should have any questions, please feel free to call Michael Dauta, Warehouse Manager via email. Thank you. Sincerely, tj- A4-&Q Tim W. Howard Assistant City Manager Administrative Services c: Michael Dauta—Manager of Materials and Distribution Central File at.1IR IC"at°s cam.=V7"F,IIj"IY 70 TrrF GT'L ST1?E., JI Page 167 of 633 BID NAME: "ANNUAL SUPPLY OF MEDICALSUPPLIES AND ICATIS" BID NO.: 057-1412-171I Contract Renewal Period: JULY 3, 2018 THRU JULY 2, 2019 Agreement between the City of Boynton Beach, and Bound TreeMedical; *X Yes, I agree to extend the existing Bid for the Annual Supply of Medical Supplies and Medications under the same Terms and Conditions for an additional year: July 3, 2018 thru July 2, 2019. With increases per the terns of the contract No, I do not wish to renew the agreement for the following reason(s): BOUND TREE , LLC, Bound Tree Medical,LLC NAME OF COMPANY SIG ATURE Rhiannon Greene Vice President, Pricing. NAME OF REPRESENTATIVE TITLE (please print) 05/01/2018 (800) 533-0523 DATE (AREA CODE)TELEPHONE NUMBER submitbids@boundtree.com EMAIL ADDRESS f11I1:12IC'fI°s G.?I TE11 I TA I TOTilF'Gr711FI4TRE;zL.lI Page 168 of 633 Bound Tree ...... Your Partner It?EMS 5000 Tuttle Crossing Blvd. Dublin,OH 43016 614.760.5000 www.bouncittee.com May 1, 2018 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 RE: City of Boynton Beach Bid #057-1412-17/IT Renewal Request To Whom It May Concern: Bound Tree would like to move forward with the renewal of the above contract for renewal period of July 3, 2018 to July 2, 2018. Prior to the renewal going into effect, it is vital to discuss the PPI price increases. Based on the PPI data, for the most current 12-month period, the increase for supplies is 0.51% and the increases for pharmaceuticals is 4.2%. We are asking that, for the items within this contract, they are increased by their respective percentages. Attached with this letter are the items current price and the new requested price based off of the PPI increase. There are also items within this contract, that due to either the item being discontinued or the item having a much larger manufacturer increase versus the PPI increase, we are asking to remove certain items from the contract. We have also provided potential alternatives for the discontinued items and we are seeking your approval for those additional items. Please let me know on or before June 1St if this request is approved or not approved. No changes will occur on the contract without your approval. Please review the attached spreadsheet for all items and increases associated with the City of Boynton Beach Bid#057-1412-17/IT. If you have any questions regarding this renewal, our contact information is below. Sincerely, Chic Price Chad Truini Account Manager Pricing Analyst, Bids & Contracts 561-670-3951 800.533.0523 x 5235 Chic.Pricep_boundtree.com Chad.Truinip_boundtree.com Page 169 of 633 Item List for Boynton Beach Bid#057-1412-17/IT psi Lor\U ��si sI islii n'l�a1 P`La 15460AQUA1IUTI 600-10 IV Flush Syringe,Normal Saline 10,I Prefilled 12cc Syringe,Sterile 100ea/bx4bx/cs EA $ 0.37 0.51% $0.37 1001] BAXTERHEALTHCARE-DMG 6013241 MSolution,Sodium Cl4oide 0.9%1000ml Bag 14ea/a EA $ 5.28 4.20% $5.50 12023 DIGITCARE CORPORATION 291204 Gloves,Defender,SL,High Risk 12 in Cuff,Nitrile,Powder Free,Slate Blue 50/bx lOBbx/cs BX $ 7.66 0.51% $7.70 10120 SMITHS MEDICAL ASD,INC. 353065 CATHETER INTRAVENOUS(IV)18 GAUGE X 1.25 IN 50/BX 4BX/CS PROTECTIV PLUS EA $ 1.85 0.51% $1.86 10120 SMITHS MEDICAL ASD,INC. 353066 CATHETER INTRAVENOUS(IV)20 GAUGE X 1.25 IN 50/BX 4BX/CS PROTECTIV PLUS EA $ 1.85 0.51% $1.86 16028 PFIZER INC.(HOSPIRA) 4]55-02 ONDANSETRON WG 2ML VEAL 25 EA/BX EA $ 0.]2 4.20% $0.]5 10099 B.BRAUN MEDICAL,INC 358001 IV Solution,Sodium Chloride 0.9%500nl Bag 24ea/a BBraun LSDOl EA $ 2.41 4.20% $2.51 11834 MEDLINE INDUSTRIES,INC. 29003] BIOHAZARD BAG LATEX FREE RED 14 MICRONS THICK 33 GALLON 31 IN X 43 IN 25/RL 250/CS EA $ 0.18 0.51% $0.18 12023 DIGITCARE CORPORATION 291203 Gloves,Defender,LG,High Risk l2in Cuff,NiMle,Powder Free,Slate Blue 50/bxlOBbx/cs BX $ 7.66 0.51% $7.70 12023 DIGIT CARE CORPORATION 291205 Gloves,Defender,2XL,High Risk 12 in Cuff,Nitrile,Powder Free,Slate Blue 50/bx lOBbx/cs BX $ 7.66 0.51% $7.70 10050 COVIDIEN 150066K1 GAUZE OCCLUSIVE 3I X 9I 50EA/BX 4BX/CS VASELINE EA $ 0.68 0.51% $0.68 11902 WEST CHESTER HOLDINGS,INC 295561 SLEEVE WHITE GAUNTLET,ELASTIC OPENINGS,lu IN 200/CS EA $ 0.11 0.51% $0.11 10106 HAS LIMITED 37 3316 Epinephrine 1:10000,Lung,1Om1 Luer let 1019810ea/pk EA $ 5.99 4.20% $6.24 10013A BU 260281 Extrication Collar,Amb.Perfit ACE,Adult,Adjustable 16 Settings 30ea/cs EA $ 3.95 0.51% $3.97 12023 DIGITCARE CORPORATION 291202 Gloves,Defender,MED,High Risk 12 in Cuff,Nitrile,Powder Free,Slate Blue 50/bx lOBbx/cs BX $ 7.66 051% 7. $.70 10099 B.BRAUN MEDICAL,INC 355001 STERILE WATER FOR IRRIGATION 500ML 16EA/CS BBRAUN EA $ 1.84 4.20% $1.92 10120 SMITHS MEDICAL ASD,INC. 353060 CATHETER INTRAVENOUS(IV)22 GAUGE X 1 IN 50/BX 4BX/CS PROTECTIV PLUS EA $ 1.85 0.51% $1.86 10120 SMITHS MEDICAL ASD,INC. 353063 CATHETER INTRAVENOUS(IV)24 GAUGE X 0.]5 IN 50/BX 4BX/CS PROTECTIV PLUS EA $ 1.85 0.51% $1.86 10053 LAERDAL MEDICAL CORP. 020500 Endotracheal Tube Holder,Thomas,Adult, for ET/SGA Tubes 6.5mm ID to 21mm OD EA $ 2.88 0.51% $2.89 15185 WESTWARDPHARMACEUTICA 03]6-25 DIPHENHYDRAMINE 50MG/ML IML SDV 2035-BENADRYL 25 VIALS/PK EA $ 1.07 4.20% $1.11 12031 DUKALCORP. 1211-03020 Bandage,Multi-Trauma Dressing,10 in x 30 in,Sterile,25ea/cs EA $ 0.83 0.51% $0.83 10106 IMS LIMITED 3]3369 NALOXONE 2MG 2ML LUER JET 1029B 10EA/CS EA $ 38.42 4.20% $40.03 12324 WESTMED,INC. 301-200EA Curaplex Select Nebulizer,Small-volume,Hand-held,T-piece,Mouthpiece,Flextube,7 ft Tubing 50/cs EA $ 0.71 0.51% $0.71 10106 HAS LIMITED 371006 ATROPINE IMG 1OML LUER1ET 10068 10EA/PK EA $ 11.04 4.20% $11.50 10050 COVIDIEN 1]4620 FILTERLINE SET,NON HUMIDIFIED,INTUBATED,ADULT/PEDIATRIC 100EA/BX EA $ 7.51 0.51% $7.55 14564 QMEDCORPORATION 600629 HYDROGEN PEROXIDE 3%16 OZ 12EA/BX EA $ 1.53 0.51% $1.54 16136 MEDSOURCE INTERNATIONAL-51156 Curaplex NPA 24F 6.0mm,Latex Free PVC 100ea/cs EA $ 1.57 0.51% $1.58 15185 WEST-W ARD PHARMACEUTICA 6013-10 Diltiazem,25mg,5m1 Vial*Refrigerate*10ea/Box EA $ 2.79 4.20% $2.91 11486 VALEANT PHARMACEUTICALS II 464631 INSTA-GLUCOSE 31GM 2064 EA $ 3.84 4.20% $4.00 12324 WESTMED,INC. 301203E Curaplex Select Nebulizer,Small-volume,Hand-held,Pediatric Aerosol Mask,7 ft Tubing 50ea/cs EA $ 1.04 0.51% $1.05 240071 ZULCO IN ERNATIONAL 61411 Curaplex Paramedic Shears,Block 7.25 in 50pr/bx PR $ 0.81 0.51% $0.81 10334 VENTLAB CORPORATION 872101E Curaplex Oxygen Mask,Adult,Elongated,High Conc,Partial NRB,Reservoir Bag,7 ft tubing 50ea/cs EA $ 0.77 0.51% $0.77 14564 DIVED CORPORATION 201001 ALCOHOL ISOPROPYL 70%16 OZ 12/CS EA $ 1.99 0.51% $2.00 15341 GERI-CARE 911316 Aspirin 81mg Chewable,Orange Flavor36/13ottle BT $ 0.79 4.20% $0.82 16136 MEDSOURCE INTERNATIONAL30056Curaplex Oxygen Nasal Cannula,Pediatric,Conventional,Green,7 ft Tubing50ea/cs EA $ 0.29 0.51% $0.29 16028 PFIZER INC(HOSPIRA 3]]515 DEXTROSE SO%25GM,SOMLANSYRSYRINGE1013C 10EA/BX EA $ 9.74 4.20% $10.15 16028 PHZE R INC.(HOSPIRA 37 5204 QUELICIN 200MG 10ML VIAL*REFRIGERAT ION REQUIRED*25EA/BX EA $ 31.00 4.20% $32.30 16136 MEDSOURCE INTERNATIONAL51154Curaplex NPA20F5.0mm,Latex Free PVC100ea/cs EA $ 1.57 0.51% $1.58 16136 MEDSOURCE INTERNATIONAL51157Curaplex NPA26F6.5mm,Latex Free PVC100ea/cs EA $ 1.57 0.51% $1.58 10053 LAERDAL MEDICAL CORP. 2609]5 HEAD IMMOBILIZER STABUCK30/CS EA $ 4.23 0.51% $4.25 12031 DUKALCORP. 276850986 Gauze sponge,basic economy,4inx 4 in,8 ply,non-sterile,200/bg 20bg/cs BG $ 2.63 0.51% $2.64 16028 PFIZER INC.(HOSPIRA) 6695-01 Etomidate,20mg,1Oml Vial l0ea/bx EA $ ].53 4.20% $].85 14564 QMED CORPORATION ]18491 CHEST SEAL ASHERMAN 84910010EA/BX EA $ 10.47 0.51% $10.52 10228 ABBOTT E6251 Glucose TestStrips,Precision Xtra,Capillary 50/bx 126x/cs BX $ 23.14 0.51% $23.26 14564 DIVED CORPORATION 290024 CAVICIDE DISINFECTANT WITH SPRAYER 240Z 12/CS 13-1024 EA $ 9.11 0.51% $9.16 16136 MEDSOURCE INTERNATIONAL51150Curaplex NPA12F3.0mm,Latex Free PVC 100ea/cs EA $ 1.53 0.51% $1.54 10927 FRESENIUS 0064-02 -LIMITED QUANTITY-Magnesium Sulfate 50%1gm,2ml Vial 25ea/bx EA $ 1.95 4.20% $2.03 10053 LAERDAL MEDICAL CORP. 020400 Endotracheal Tube Holder,Thomas,Pediatric/Child,for ET/SGATubes 4.3mm ID to 15.8mm OD EA $ 2.82 0.51% :2.83 10927 FRESENIUS 0616-03 AMIODARONE 150MG 3ML VIAL EA $ 2.08 4.20% 2.1] 10013 AMBU 264030 Head Immobilizer,Ambu Head Wedge,w/1 Strap 10ea/cs EA $ 3.36 0.51% $3.38 10138 EXEL INTERNATIONAL,INC. 3026708E ButterflY,EXEL,25 go 3/4 in.,12 in.tube,winged,sterile 500ea/cs EA $ 0.24 0.51% $0.24 16136 MEDSOURCE INTERNATIONAL51152Curaplex NPA 16F 4.0mm,Latex Free PVC 100ea/cs EA $ 1.53 0.51% $1.54 16136 MEDSOURCE INTERNATIONAL51153Curaplex NPA18F 4.5mm,Latex Free PVC100ea/cs EA $ 1.53 0.51% $1.54 10025 CON MED CORPORATION 354431 INTRAVENOUS(IV)DRESSING TRANSPARENT ADULT 100/BX SBX/CSVENI-GARD BX $ 38.52 0.51% $38.]2 12031 DUKALCORP. 372-7113EA Cloth surgical tape,Hype Silk,3 in.x 10 Yards,hypoallergenic lea/bx 12 bx/cs(48ea/cs) EA $ 2.19 0.51% $2.20 10207 SUN MED 025333 Laryngoscope Blade,Greenline,Miller 3,Fiber Optic,Disposable,Stainless Steel 20/BX EA $ 3.78 0.51% $3.80 16136 MEDSOURCE INTERNATIONAL36096Curaplex Suction Catheter,18 Fr,Whistle Tip and Thumb Control Port 50ea/cs EA $ 0.14 0.51% $0.14 16136 MEDSOURCE INTERNATIONAL51155Curaplex NPA 22F 5.5mm,Latex Free PVC 100ea/cs EA $ 1.57 0.51% $1.58 16136 MEDSOURCE INTERNATIONAL51161Curaplex NPA 34F 8.Smm,Latex Free PVC 100ea/cs EA $ 1.57 0.51% $1.58 11898 3M HEALTH CARE F925607 Bandage,Cohesive,Coban,Tan,2 in x 5 Yd Fully Stretched,Latex,Non-sterile,36ds/cs RL $ 1.87 0.51% $1.88 16136 MEDSOURCE INTERNATIONAL51158Curaplex NPA28F 7.0mm,Latex Free PVC100ea/cs EA $ 1.57 0.51% $1.58 10040 HART WELL MEDICAL 440101 Convenience Bag,BioHoop,50cc-2000cc,Emesis and Hazardous Waste Bag,incl Hook 12/pk 40pk/cs PK $ 19951% $20.05 10013 AMBU 260280 Extrication Collar,Ambu Mini Perfit ACE,Pedi-ic,Adjustable 12 Settings 30ea/cs EA $ 3.95 0.51% $3.97 16136 MEDSOURCE INTERNATIONAL51151Curaplex NPA14F 3.5mm,Latex Free PVC 100ea/cs EA $ 1.53 0.51% $1.54 15436 CARDINAL HEALTH-PHARMA 372121 TETRACAINE 0.5%1SML BOTTLE 2121 EA $ 10.16 4.20% $10.59 10028 DYNAREX CORPORAT ION 1360-0]546 Ammonia Inhalant,Ampules 10/bx BX $ 2.58 0.51% $2.59 10061 MORRISON MEDICAL PRODUCT 450002 INTRAVENOUS(IV)ARMBOARD DISPOSABLE 3 IN X 18 IN 100/CS EA $ 0.85 0.51% $0.85 240010 ASIA CONNECT IONTAIWAN13054 Curaplex Berman Oral Airway,90mm 5/pk PK $ 0.66 0.51% $0.66 12132 MEDSOURCE INTERNATIONAL 64250 Curaplex Sharps Solo,Sharps containerwithone time lockable seal,6.5 in 24ea/cs EA $ 1.75 0.51% $1.76 15436 CARDINAL HEALTH-PHARMA 0418-13 NITROSTAT 0.4MG TABS SL 25/13T 48T/BX BT $ 33.42 4.20% $34.82 16136 MEDSOURCE INTERNATIONAL112403680CuraplexTriangular Bandage,POlypro Wlene 240ea/cs EA $ 0.25 0.51% $0.25 12132 MEDSOURCE INTERNATIONAL 30061MS Curaplex Burn Sheet,60 inch x 90 inch,Sterile 50ea/cs EA $ 2.11 0.51% $2.12 16136 MEDSOURCE INTERNATIONAL36093Curaplex Suction Catheter,12 Fr,Whistle Tip and Thumb Control Port 50ea/cs EA $ 0.14 0.51% $0.14 16136 MEDSOURCE INTERNATIONAL38003Curaplex Endotracheal Tube with Srylette,3.5mm,Uncuffed 10ea/bx 106x/cs EA $ 1.57 0.51% $1.58 16136 MEDSOURCE INTERNATIONAL38016Curaplex Endotracheal Tube with Srylette,7.5mm,Cuffed 10ea/bx 106x/cs EA $ 1.67 0.51% $1.68 16136 MEDSOURCE INTERNATIONAL38017Curaplex Endotracheal Tube with Srylette,8.0mm,Cuffed 10ea/bx 106x/cs EA $ 1.67 0.51% $1.68 11820 BR IGGS HEALTHCARE 444006 FOIL BABY BUNTING STERILE EA $ 3.67 0.51% $3.69 10017 BAXTER HEALTHCARE-DMG 601306 -MFG B/O SEE NOTES-IV Solution,Sodium Chloride 0.9%50ml Partial Fill Sinljepak 96ea/a EA $ 1.93 4.20% $2.01 16136 MEDSOURCE IN ERNATIONAL-12945 Curaplex Blanket,Silver Mylar Emergency,52 in x 84 in 200ea/cs EA $ 0.47 0.51% $0.4] 240010 ASIA CONNECT IONTAIWAN13055 Curaplex Berman Oral Airway,100mm 5/pk PK $ 0.66 0.51% $0.66 15843 AnatomY Supply Partners 1841-14000 Curaplex Tourniquet 1"x18",Blue,Rolled,Latex-Free 250/86 2BG/CS BG $ 22.23 0.51% $22.34 16028 PFIZER INC,(HOSPIRA) 3]663] SODIUM BICARBONATE 6.4%LIFESHIELD SYRINGE 1035A 10EA/BX EA $ 11.42 4.20% $11.90 11841 MORTAN CORPORATION INC 710100 THERAPEUTIC LENS I2/BX MORGAN EA $ 26.09 0.51% $26.22 16136 MEDSOURCE INTERNATIONAL-36020 Curaplex Sprague Rappaport Sryle Stethoscope,Black,22 in 50ea/cs EA $ 4.52 0.51% $4.54 16028 PFIZER INC.(HOSPIRA) 3]1631 CALCI UM CHLORIDE IGM 1OML LIFESHIELD SYRINGE 10ea/bx EA $ 11.04 4.20% $11.50 12031 DUKAL CORP. 372-7111EA Cloth surgical tape,Hype Silk,l in.x 10 Yards,hypoallergenic 12ea/bx 126x/cs(144ea/cs) EA $ 0.73 0.51% $0.73 240071 ZULCO INTERNATIONAL 61511 Curaplex Ring Cutter EA $ 4.37 0.51% $4.39 240010 ASIA CONNECT IONTAIWAN14761 Curaplex Nasogastric Tube,16Fr 280ea/cs EA $ 2.41 0.51% $2.42 16136 MEDSOURCE IN ERNATIONAL-2112-38004 Curaplex Endotracheal Tube with Srylette,4.0mm,Uncuffed 10ea/bx 106x/cs EA $ 1.57 0.51% $1.58 240009 ASIA CONNECTION SHANGHAI 38006 Curaplex Endotracheal Tube with Srylette,5.0mm,Uncuffed 10ea/bx 106x/cs EA $ 1.57 0.51% $1.58 240009 ASIA CONNECTIONSHANGHAI 38007 Curaplex Endotracheal Tube with Srylette,5.5mm,Uncuffed 10ea/bx 106x/cs EA $ 1.57 0.51% $1.58 10056 MEDICAL DEVICES INTERNE/K 562223 VACUUM SPLINT LARGE FOREARM ONLY 10/CS EMS ECONO-VAC 82-E2222 EA $ 8.89 0.51% $8.94 13288 NEPHRO NPHARMACEUTICALS 379501 ALBUTEROL 2.5MG,0.83MG/ML,3ML UNIT DOSE,INDIVIDUALLY WRAPPED 30/BX BX $ 6.26 4.20% $6.52 13874 OWEN MUM ORD INC 675 AT0702 Lancets,Unistik 2 Normal Safety,21 go x 2.4 mm,Single Use 100/bx BX $ 17.84 0.51% $1].93 13172 ALL-RE INC 114102 PILLOW DISPOSABLE POLY FILL 14 IN X 16 IN 15/CS EA $ 1.15 0.51% $1.16 16028 PFIZER IN C.(HOSPIRA) 37 9104 DOPA M INE 400MG 1OML VIAL 204125EA/BX EA $ 2.21 4.20% $2.30 10098 NE OF ECH PRODUCTS,INC. 590101 SUCTION UNIT ASPIRATOR TYPE LATEX FREE 40EA/BX MECONIUM EA $ 4.52 0.51% $4.54 12003 COOK MEDICAL INCORPORATEI 62101 PNEUMOTHORAX SET EMERGENCY COOK 15 GAUGE NEEDLE EA $ 125.00 0.51% $125.64 Page 170 of 633 11820 BRIGGS HEALTHCARE 508 16426-020 Dual head stethoscope,black,22 in.,chrome plated bass binaural,overall length is 30 in. EA $ 4.62 0.51% $4.64 12192 OWENS&MINOR 084846 Prep Razors,Medichoice,Disposable,10/pk 72pk/cs PK $ 1.32 0.51% $1.33 10079 TELEFLEX MEDICAL 2142-48503 *LIMITE D QUANT ITY*LIT E BLADE,M ILLE R 320EA/BX EA $ 5.04 0.51% $5.07 16028 PFIZER INC.(HOSPIRA) 0205310 *MFG B/0*USE 9508-10 C3 KETAMINE 50MG/ML 10ML VIAL 10/BX BX $ 45.00 4.20% $46.89 240010 ASIA CONNECT IONTAIWAN13053 Cuaplex Berman Oral Airway,80aa 5/pk PK $ 0.66 0.51% $0.66 240010 ASIA CONNECT IONTAIWAN13056 Curaplex Berman Oral Airway,110aa 5/pk PK $ 0.66 0.51% $0.66 16028 PFIZER INC.(HOSPIRA) 1893-01 *MFG B/0*SEE NOTES C2 Morphine Sulfate,10ag/a1,1.1 PF CP110/bx BX $ 27.32 4.20% $28.47 10013 AMBU 2442-21402 BVM,SPUR II,PEDI BAG RESERVOIR/NEONATE/INFANT/TODDLER FACE MASKS MED PORT BOXED 12/CS EA $ 13.15 0.51% $13.22 10040 HARTWELL MEDICAL 3245-20016 Backboard/Split Litter,CoabiCarrier ll,incl 4 two-piece Speed Clip Straps EA $ 765.78 0.51% $769.69 11878 NICE-PAK 440128 LUBRICATING JELLY PDI STERILE,2.7GM 144/BX 12BX/CS BX $ 9.74 0.51% $9.79 10056 MEDICAL DEVICES INTERNE/K 567701 VACUUM SET DELUXE EXTREMITY EMS ECONO-VAC 82-E7700 Sr $ 147.37 0.51% $148.12 10050 COVIDIEN 606818 *LIMITED QTY*ALCOHOL PREP PADS STERILE MEDIUM 200/BX 20BX/CS BX $ 1.67 0.51% $1.68 10383 NEW ENGLAND MEDICAL SPECI 18893 Syringe and Needle,VanishPoint Retractable,10cc,21 go x 11/2 inch 100/bx 11061 BX $ 132.79 0.51% $133.47 240071 ZULCO INTERNATIONAL 400007 FORCEPS MAGILL INTUBATING CHILD 81N 12/BX EA $ 3.57 0.51% $3.59 240071 ZULCO INTERNATIONAL 400008 FORCEPS MAGILL INTUBATING ADULT 9.751N 12EA/BX EA $ 3.74 0.51% $3.76 10334 VENTIAB CORPORATION 87-2200 Oxygen mask,pediatric,medivacomm-tion,eI-ic style,with 7 ft safety tube 50/cs CS $ 28.62 0.51% $28.77 230212 SURGICAL DESIGN,INC 0010 forceps,Ke11y 51/2 inch staight EA $ 0.86 0.51% $0.86 230212 SURGICAL DESIGN,INC 0032 ors,Lister bandage,51/2 inch EA $ 0.96 0.51% $0.96 16028 PFIZER INC.(HOSPIRA) 0074553401 SODIUM BICARBONATE 4.2%1OML INFANT LIFESHIELD 1043A 10EA/BX EA $ 12.62 4.20% $13.15 13230 CAPITAL WHOLESALE DRUG 0164-25 Vasos[rict 20..it,1.1 vial*REFRIGERATE*25ea/pk EA $ 184.21 4.20% $191.95 10014 AMERICAN DIAGNOSTIC CORP.020010 BITE STICK PLASTIC SINGLES IDEA/BG 1086/CS EA $ 0.39 0.51% $0.39 10079 TELEFLEX MEDICAL 020404 STY LETTE SLICK D ISPOSAB HE ADULT LARGE 7.0 TO 10.025/BX EA $ 3.32 0.51% $3.34 10079 TELEFLEX MEDICAL 020406 STYLETTE DISPOSABLE NEONATE 6 FRENCH 2.0 TO 3.525/BX SLICK EA $ 2.93 0.51% $2.94 10050 COVIDIEN 0218541 COMBITUBE AIRWAY EMERGENCY INTUBATION IN TRAY ADULT 5 FT 61N OR TALLER 4/CS EA $ 56.73 0.51% $57.02 10207 SUN MED 025302 Laryngoscope Blade,Greenline,Mac 2,Fiber Optic,Disposable,Stainless Stee120/BX EA $ 3.78 0.51% $3.80 10207 SUN MED 025303 Laryngoscope Blade,Greenline,Mac 3,Fiber Optic,Disposable,Stainless Stee120/BX EA $ 3.78 0.51% $3.80 10207 SUN MED 025304 Laryngoscope Blade,Greenline,Mac 4,Fiber Optic,Disposable,Stainless Stee120/BX EA $ 3.78 0.51% $3.80 10207 SUN MED 025330 Laryngoscope Blade,Greenline,Miller 0,Fiber Optic,Disposable,Stainless Stee120/BX EA $ 3.78 0.51% $3.80 10207 SUN MED 025331 Laryngoscope Blade,Greenline,Miller 1,Fiber Optic,Disposable,Stainless Stee120/BX EA $ 3.78 0.51% $3.80 10207 SUN MED 025332 Laryngoscope Blade,Greenline,Miller 2,Fiber Optic,Disposable,Stainless Stee120/BX EA $ 3.78 0.51% $3.80 11347 HOSPIRA WORLDWIDE,INC 04301650-48 Priaaryset,LifeShield PluaSet,104in.,15drop,convertiblepin,slideclamp 48/cs CS $ 714.74 0.51% $718.39 11928 AMSINO INTERNATIONAL INC 044AS00502SEA Bulb syringe,ear/ulcer,2 oz,vinyl,sterile 50ea/cs EA $ 0.58 0.51% $0.58 13216 AKORN,INC. 0504-10 Methylene Blue 1%100mg,10ml Vial 10/pk PK $ 1,777.89 4.20% $1,852.56 12192 OWENS&MINOR 082012 BANDAGE NON ADHERING 31N X 31N JOHNSON AND JOHNSON ADAPTIC 50/BOX BX $ 37.63 0.51% $37.82 10050 COVIDIEN 083033 *LIMITED QTY*-USE 12544*GAUZE SPONGES STERILE 12 PLY 41N X 41N 50/BX 24BX/CS BX $ 2.82 0.51% $2.83 12031 DUKAL CORP. 085590 ABDOMINAL PADS STERILE 51N X 91N 25/TR 16TR/CS COMBINE TR $ 2.31 0.51% $2.32 15436 CARDINAL HEALTH-PHARMA 1063-00167 Betadine Solution 1 gallon EA $ 46.26 0.51% $46.50 15843 Anatomy Supply Partners 1071 10212 Curaplex Emesis Bag,1000cc,White,Cardboard Rim w/o Hand Protection 25/pk 10pk/cs PK $ 31.79 0.51% $31.95 10372 EMERGENCY MEDICAL PRODUC 1122 20182 Bandage,Adhesive,Careband,Sheer,3/4 inch,100/bx 126x/cs BX $ 1.46 0.51% $1.47 10138 EXEL INTERNATIONAL,INC. 11278 SWingeand Needle,EXEL,lcc Tuberculin,25gax5/8inch 100ea/bx106x/cs EA $ 0.09 0.51% $0.09 240010 ASIA CONNECT IONTAIWAN12970MS Curaplex Berman Oral Ainvay50aa5/pk PK $ 0.66 0.51% $0.66 240010 ASIA CONNECT IONTAIWAN12971MS Curaplex Berman Oral Ainvay70aa5/pk PK $ 0.66 0.51% $0.66 240010 ASIA CONNECT IONTAIWAN13050 Curaplex Berman Oral Ainvay40aa5/pk PK $ 0.66 0.51% $0.66 240010 ASIA CONNECT IONTAIWAN13052 Curaplex Berman Oral Ainvay60aa5/pk PK $ 0.66 0.51% $0.66 12031 DUKAL CORP. 1330-85300 Curaplex Alcohol Prep Pad,Medium,Sterile 200/BX 20BX/CS BX $ 1.67 0.51% $1.68 10120 SMITHSMEDICALASD,INC. 13402 Endotracheal Tubew/Stytette,Aircare,3.0mm,Cuffed,Clear Murphy 10e./bx EA $ 1.53 0.51% $1.54 10120 SMITHSMEDICALASD,INC. 13404 Endotracheal Tubew/Stytette,Aircare,4.0mm,Cuffed,Clear Murphy 10e./bx EA $ 1.53 0.51% $1.54 10120 SMITHSMEDICALASD,INC. 13406 Endotracheal Tubew/Stytette,Aircare,5.0mm,Cuffed,Clear Murphy 10e./bx EA $ 1.53 0.51% $1.54 10120 SMITHSMEDICALASD,INC. 13408 Endotracheal Tube w/StVt tte,Aircare,6.0mm,Cuffed,Clear Murphy 10e./bx EA $ 1.53 0.51% $1.54 10120 SMITHS MEDICAL ASD,INC. 13410 Endotracheal Tube w/StVt tte,Aircare,7.0mm,Cuffed,Clear Murphy 10e./bx EA $ 1.53 0.51% $1.54 10120 SMITHS MEDICAL ASD,INC. 13412 Endotracheal Tube w/StVt tte,Aircare,8.0mm,Cuffed,Clear Murphy 10e./bx EA $ 1.53 0.51% $1.54 240010 ASIA CONNECT IONTAIWAN14756MS Curaplex Nasogastric Tube,BE,280ea/cs EA $ 2.41 0.51% $2.42 240010 ASIA CONNECT IONTAIWAN14757MS Curaplex Nasogastric Tube,10F,280ea/cs EA $ 2.41 0.51% $2.42 240010 ASIA CONNECT IONTAIWAN14758MS Curaplex Nasogastric Tube,12Fr 280ea/cs EA $ 2.41 0.51% $2.42 240010 ASIA CONNECT IONTAIWAN14759 Curaplex Nasogastric Tube,14Fr 280ea/cs EA $ 2.41 0.51% $2.42 240010 ASIA CONNECT IONTAIWAN14762MS Curaplex Nasogastric Tube,18Fr 280ea/cs EA $ 2.41 0.51% $2.42 10050 COVIDIEN 150022 Bandage,Conforming,Sh,,&,CONFORM,2 in x75 in(relaxed)/4.1 yd(stretched)12/bx 86x/cs BX $ 5.57 0.51% $5.60 10383 NEW ENGLAND MEDICAL SPECI 1632-16125 Syringe and Needle,VanishPoint Retractable,1cc,25 go x 1 inch 100/bx 10161 BX $ 78.16 0.51% $78.56 10099 B.BRAUN MEDICAL,INC 1633-30430 Syringe Only,30cc,Luer Lock,100ea/bx,66x/cs EA $ 0.36 0.51% $0.36 12132 MEDSOURCE INTERNATIONAL 16570 Curaplex Blanket,Yellow Highway,56 in x 90 in 24ea/cs EA $ 2.01 0.51% $2.02 10014 AMERICAN DIAGNO9 IC CORP.170761 BP Unit,Prosphyg 760 Series,Size 12 LG Adult,Black,Adcuff NVon,Pocket Aneroid,Case,LF EA $ 19.63 0.51% $19.73 10014 AMERICAN DIAGN09IC CORP.1707751 BLOOD PRESSURE CUFF NAW SIZE 9 CHILD PROSPHYG 775 EA $ 11.84 0.51% $11.90 10099 B.BRAUN MEDICAL,INC 1711 06047 *Custom for Delay Beach/Corvallis*IV Ext Set,7in,Safeline TPort and Ultasite Port 50/cs CS $ 173.68 0.51% $174.57 10028 DYNAREX CORPORAL ION 18,101 SAFETY SCALPELS#11 STERILE 10/BX BX $ 7.99 0.51% $8.03 10126 BECTON DICKINSON 1860-34430 Sharps Container,BDMuIfi Use Nestable,8 quart,Red w/Regular Funnel Clear Top 24ea/cs EA $ 5.99 0.51% $6.02 240019 COACHELLA VALLEY TRADING C 20280 *LIMITED QUANTITY*GLASSES,SAFETY CLEAR LENS I2EA/BX EA $ 1.32 0.51% $1.33 11887 SAFETEC 2034400 HAND WIPES ANTIMICROBIAL INDIVIDUALLY WRAPPED FRESH SCENT 100/BX 10BX/CS PAWS 34400(2034400) BX $ 4.47 0.51% $4.49 16028 PFIZER INC.(HOSPIRA) 2066-05 Lidomine 2%100m&Sml Vial,Presemagve Free 10/bx BX $ 24.47 4.20% $25.50 14564 DIVED CORPORATION 209936 HAND CLEANSER FOAMING ALCOHOL BASED 90Z 24/CS ALCARE PLUS EA $ 9.84 0.51% $9.89 10079 TELEFLEX MEDICAL 2142-48003 *LIMITED QUANTITY-MFG DC USE 2142-84303 LITE BLADE,MAC 320EA/BX EA $ 5.04 0.51% $5.07 10079 TELEFLEX MEDICAL 2142-48004 *LIMITED QUANTITY*LITE BLADE,MAC 420EA/BX EA $ 5.04 0.51% $5.07 10079 TELEFLEX MEDICAL 2142-48502 *LIMITE D QUANT ITY*LIT E BLADE,M ILLE R 220EA/BX EA $ 5.04 0.51% $5.07 10028 DY NAREX CORPORAL ION 2211-04690 Yankauer Suction Handle,Vented,Bull,Tip,Sterile 50ea/cs EA $ 0.41 0.51% $0.41 10334 VENTIAB CORPORATION 2356-21026 Oxygen Mask,Adult,Elongated,High Conc,Total Non-Rebreathing,Fits All Connector,Reservoir 50/cs CS $ 36.58 0.51% $36.77 10025 CONMED CORPORATION 2741-87004 POSITRACE RTL FOAM,ADULT ECG ELECTRODE,CONDUCTIVE ADHESIVE GEL,4/PK 1OPK/BX,15BX/CS BX $ 6.88 0.51% $6.92 12031 DUKAL CORP. 276-11724 Underpad/chux,17 in.x 24 in.,rayon fill,non-sterile,100/bg,36g/cs CS $ 26.15 0.51% $26.28 12031 DUKALCORP. 276452 Rolled gauze,2in.,sterile,2ply,straight gauze onaroil,no stretch,not fluffy 12/bx 86x/cs CS $ 36.94 0.51% $37.13 12031 DUKALCORP. 276503EA Elastic bandage,comparable to Ace,3in.,all rolls individuallywrapped with 2-.1 clips 50ea/cs EA $ 0.43 0.51% $0.43 12031 DUKALCORP. 276506EA Elastic bandage,comparable to Ace,6in.,all rolls individuallYwrapped with 2-.1 clips 50ea/cs EA $ 0.79 0.51% $0.79 10028 DYNAREX CORPORATION 2791501B Nail polish remover pad,Acetone Free 1008X,10BX/CS BX $ 4.07 0.51% $4.09 10028 DYNAREX CORPORATION 290500 MASK SURGICAL CONE SHAPE DUST MASK 50/BX 20BX/CS BX $ 4.93 0.51% $4.96 12023 DIGITCARE CORPORATION 291201 Gloves,Defender,SM,High Risk 12 in Cuff,Nitrile,Powder Free,Slate Blue 50/bx lOBbx/cs BX $ 7.66 0.51% $7.70 10126 BECTON DICKINSON 295487 SHARPS CONTAINER CLEAR HITOPLID 1.5 QUART 36/CS BECTON DICKINSON EA $ 3.42 0.51% $3.44 10050 COVIDIEN 298507M SHARPS CONTAINER IN ROOM RED 5 QUART 12.51N X 5.51N X10.75 IN 20/CS EA $ 4.74 0.51% $4.76 10050 COVIDIEN 298900 SHARPS CONTAINER STACKABLE RED WITH CLEAR LID 1 QUART 6.251N H X 4.251N D X 4.51N W100/CS SAGE EA $ 1.84 0.51% $1.85 15722 HALYARD HEALTH 299170 Particulate Respirator,N95 Mask,Tecnol,Regular Sire 35/bx 66x/cs BX $ 24.89 0.51% $25.02 15722 HALYARD HEALTH 299174 Particulate Respirator,N95 Mask,Tecnol,SM Size 35/bx 66x/cs BX $ 24.89 0.51% $25.02 16136 MEDSOURCE INTERNATIONAL30057Curaplex Cot Sheet,Fitted,72 in x 30 in,Poly,65 gas 50/cs CS $ 28.89 0.51% $29.04 240032 HSINER CO 30087 Curaplex Patient Circuit w/Popoff,for use with many Portable Ventilators 50ea/cs EA $ 2.39 0.51% $2.40 16136 MEDSOURCE INTERNATIONAL-301-100EA Curaplex Oxygen Nasal Cannula,Adult,Conventional,Clear,Flared Prongs,7 ft tubing,50ea/cs EA $ 0.32 0.51% $0.32 10138 EXEL INTERNATIONAL,INC. 3026704E Butterfly,EXEL,21gax3/4in.,12in.tube,winged,sterile 500ea/cs EA $ 0.24 0.51% $0.24 10138 EXEL INTERNATIONAL,INC. 3026706E Butterfly,EXEL,23 go 3/4 in.,12 in.tube,winged,sterile 500ea/cs EA $ 0.24 0.51% $0.24 10032 FERNO WASHINGTON 3120-63314 Extrication Dunce,KED Pro,features Metal Buckles on Leg Straps and Lateral Staps EA $ 342.11 0.51% $343.85 10082 SAFETY INTERNATIONAL 3172-73315 Curaplex Restraint Strap,Orange,2 piece 5 ft,Plastic Side Release Buckle,Loop End,Disposable EA $ 2.05 0.51% $2.06 15912 Kobayashi Consumer Products,3271-67884 BLANKET CASUALTY LIGHTWEIGHT WATERPROOF 841N X 601N OLIVE DRAB/SILVER EA $ 10.51 0.51% $10.56 12132 MEDSOURCE INTERNATIONAL 3272-52040 Cumples Blanket,BD%Wool-20%Other Fibers,66 inch x 90 inch 25ea/m EA $ 10.66 0.51% $10.71 10099 B.BRAUN MEDICAL,INC 351160 INTRAVENOUS(IV)ADMIN SET UNIVERSAL NF LUER LOCK 15 DROP 841N 50/CS EA $ 1.71 0.51% $1.72 10099 B.BRAUN MEDICAL,INC 351165 INTRAVENOUS(IV)ADMINISTRATION SET UNIVERSAL NF INJECTION SITE LUER LOCK 60 DROP 861N 50/CS EA $ 1.66 0.51% $1.67 10135 BIOMEDIX,INC. 352232 IV ADMIN SET W/1 PREPIERCED Y SITE,I LUER ACTIVATED Y SITE W/LUER SPIN LOCK TIP,821N 48/CS EA $ 6.43 0.51% $6.46 10120 SMITHS MEDICAL ASD,INC. 353062 CATHETER INTRAVENOUS(IV)16 GAUGE X 1.25 IN 50/BX 48X/CS PROTECTIV PLUS EA $ 1.85 0.51% $1.86 10120 SMITHS MEDICAL ASD,INC. 353067 CATHETER INTRAVENOUS(IV)20 GAUGE X 1 IN 50/BX 48X/CS PROTECTIV PLUS EA $ 1.87 0.51% $1.88 10120 SMITHS MEDICAL ASD,INC. 353068 CATHETER INTRAVENOUS(IV)SAFETY 14 GAUGE X 1.25 IN 50/BX 48X/CS PROTECTIV PLUS EA $ 1.85 0.51% $1.86 10120 SMITHS MEDICAL ASD,INC. 353358 CATHETER INTRAVENOUS(IV)SAFETY 14 GAUGE X 21N 200/CS ACUVANCE PROTECTIV EA $ 2.06 0.51% $2.07 Page 171 of 633 10099 B.BRAUN MEDICAL,INC 353476 IV BLOOD ADMIN SET HIGH FLOW UNIVERSAL W/PUMP,1 ULTRASITE,1 SAFELINE IN]SITE 50/CS EA $ 6.84 0.51% $6.87 10099 B.BRAUN MEDICAL,INC 354150 FILTER STRAW FLEXIBLE WITH 5 MICRON FILTER 1.751N 100/CS EA $ 0.46 0.51% $0.46 16136 MEDSOURCE INTERNATIONAL36090Curaplex Suction Catheter,6Fr,Whistle Tip and Thumb Control Port 50ea/cs EA $ 0.14 0.51% $0.14 16136 MEDSOURCE INTERNATIONAL36091Curaplex Suction Catheter,8It,Whistle T ip and T hum b Control Port 50ea/cs EA $ 0.14 0.51% $0.14 16136 MEDSOURCE INTERNATIONAL36092Curaplex Suction Catheter,10 Fr,Whistle Tip and Thumb Control Port 50ea/cs EA $ 0.14 0.51% $0.14 16136 MEDSOURCE INTERNATIONAL36094Curaplex Suction Catheter,14 Fr,Whistle Tip and Thumb Control Port 50ea/cs EA $ 0.14 0.51% $0.14 16136 MEDSOURCE INTERNATIONAL36095Curaplex Suction Catheter,16 Fr,Whistle Tip and Thumb Control Port 50ea/cs EA $ 0.14 0.51% $0.14 230131 LUSHGREEN ENTERPRISES 36110 Curaplex Head Piece Replacement for the Pedi Board Immobilizer EA $ 7.63 0.51% $7.67 230131 LUSHGREEN ENTERPRISES 36111REDCuraplex Pedi Board with Red Case,Immobilization for Children 2554 in(10-8516s) EA $ 95.53 0.51% $96.02 16136 MEDSOURCE INTERNATIONAL36276Curaplex Mask,AirCushioned,Tod,!W,Size 2,Ye11ow50ea/cs EA $ 1.18 0.51% $1.19 16136 MEDSOURCE INTERNATIONAL36279Curaplex Mask,Air Cushioned,Adult,Size S,Blue 30ea/cs EA $ 1.18 0.51% $1.19 16028 PFIZER INC.(HOSPIRA) 371775 DEXTROSE 25%1OML ANSYR SYRINGE 104110EA/BX EA $ 10.41 4.20% $10.85 16136 MEDSOURCE INTERNATIONAL38001Curaplex Endo Vacheal Tube with Srylette,2.5mm,Uncuffed 10ea/bx 10bx/cs EA $ 1.57 0.51% $1.58 16136 MEDSOURCE INTERNATIONAL38002Curaplex Endotracheal Tube with Srylette,3.0mm,Uncuffed 10ea/bx 10bx/cs EA $ 1.57 0.51% $1.58 16136 MEDSOURCE INTERNATIONAL38005Curaplex Endotracheal Tube with Srylette,4.5mm,Uncuffed 10ea/bx 10bx/cs EA $ 1.57 0.51% $1.58 16136 MEDSOURCE INTERNATIONAL38013Curaplex EndoVacheal Tube with Srylette,6.0mm,Cuffed 10ea/bx 10bx/cs EA $ 1.67 0.51% $1.68 16136 MEDSOURCE INTERNATIONAL38014Curaplex EndoVacheal Tube with Srylette,6.5mm,Cuffed 10ea/bx 10bx/cs EA $ 1.67 0.51% $1.68 16136 MEDSOURCE INTERNATIONAL38015Curaplex EndoVacheal Tube with Srylette,7.0mm,Cuffed 10ea/bx 10bx/cs EA $ 1.67 0.51% $1.68 16136 MEDSOURCE INTERNATIONAL38020Curaplex EndoVacheal Tube with Srylette,9.0mm,Cuffed 10ea/bx 10bx/cs EA $ 1.67 0.51% $1.68 10079 TELEFLEX MEDICAL 411883 MICRO MIST NEBULIZER W/TEE,MOUTHPIECE,7 FT TUBING,RESERVOIR TUBE AND Sr CONNECTOR 50EA/CS EA $ 0.77 0.51% $0.77 14564 DIVED CORPORATION 442114 HEAD WARMER KNITTED INFANT PINK AND BLUE 50EA/BX EA $ 0.78 0.51% $0.78 10013 AMBU 477-KLTD215EA *LIMITED QTYSupadOttw airway kit,ITT D,purple,size 5,adult over 6 ft,tube,60cc Wimp,lube EA $ 26.32 0.51% $26.45 10050 COVIDIEN 478881250081B Hypodermic needle,Monoject,thin wa11,19 go x1 in.,polypropylene hub,lime,sterile,100/bx BX $ 9.04 0.51% $9.09 10032 FERNO WASHINGTON 5043020 Restraint Straps,Ferno Model 430,Orange,5 ft 2 pc,2 in Nylon Webbing EA $ 21.58 0.51% $21.69 16136 MEDSOURCE INTERNATIONAL51159Curaplex NPA30F 7.5mm,Latex Free PVC100ea/cs EA $ 1.57 0.51% $1.58 16136 MEDSOURCE INTERNATIONAL51160Curaplex NPA32F 8.0mm,Latex Free PVC100ea/cs EA $ 1.57 0.51% $1.58 16136 MEDSOURCE INTERNATIONAL51162Curaplex NPA36F 9.0mm,Latex Free PVC100ea/cs EA $ 1.57 0.51% $1.58 12132 MEDSOURCE INTERNATIONAL 533MSEMS shears,black,71/4in,safety bandage tip,Wily autod-ble,surgical stainless steel blades EA $ 0.87 0.51% $0.87 11834 MEDLINE INDUSTRIES,INC. 536 NON21459EA Bandage,Multi-Trauma Dressing,10 in x 30 in,Sterile,50ea/cs EA $ 0.82 0.51% $0.82 10056 MEDICAL DEVICES INTERNE/K5370155 CPR Barrier,CPR Microshield,with Tamper Evident Pouch 50ea/cs EA $ 5.25 0.51% $5.28 10079 TELEFLEX MEDICAL 537100 BAG VALVE MASK(BVM)LATEX FREE DISPOSABLE WITH MASK AND OXYGEN RESERVOIR BAG ADULT 6/BX RUSCH EA $ 13.66 0.51% $13.73 10079 TELEFLEX MEDICAL 537300 BAG VALVE MASK(BVM)LATEX FREE DISPOSABLE WITH MASK,OXYGEN RESERVOIR BAG AND POPOFF PEDIATRIC 6/BX EA $ 13.11 0.51% $13.18 10079 TELEFLEX MEDICAL 537400 BAG VALVE MASK(BVM)LATEX FREE DISPOSABLE WITH MASK AND OXYGEN RESERVOIR AND POPOFF INFANT 6/BX RUS EA $ 13.11 0.51% $13.18 10167 0-TWO MEDICAL TECHNOLOG11538015 TRANSPORT CIRCUIT DELUXE DISPOSABLE WITH PEEP PORTUSE ON CV300010/CS EA $ 14.21 0.51% $14.28 10062 MOTION MEDICAL 5401512E IV start kit,incl alcohol wipe,2x2 sponges,PVP wipe,LF tourniquet,tape 100ea/cs EA $ 0.73 0.51% $0.73 10014 AMERICAN DIAGNOSTIC CORP.540204 BLOOD PRESSURE GAUGE FOR STANDARD SPHYGMOMANOMETER 50/CS EA $ 8.26 0.51% $8.30 10014 AMERICAN DIAGNOSTIC CORP.540307 STETHOSCOPE DUAL HEAD PINK PROSCOPE 670 EA $ 4.09 0.51% $4.11 10060 MINTO RESEARCH 560300 SPLINT,TRACTION,INFANT/CHILD UP TO 6 YEARS BILATERAL SAGER S-300 EA $ 305.26 0.51% $306.82 10061 MORRISON MEDICAL PRODUCT 56-0965 OB kit,sterile,in plastic bag,1 pr LF gloves,1 w,lpel,1 ,d,,p,d,4 gauze sponges,2 clamps EA $ 8.89 0.51% $8.94 10061 MORRISON MEDICAL PRODUCT 561010E IV.,.board,tin x 9in,corrugated core,foam padding covered in white vinyl,disposable 50/cs EA $ 1.09 0.51% $1.10 10061 MORRISON MEDICAL PRODUCT 561016E I.V..,.board,3 in.x 15 in.,corrugated core,foam padding covered in white mV,&1,50ea/cs EA $ 1.36 0.51% $1.37 10056 MEDICAL DEVICES INTERNE/K562011 VACUUM SPLINT WRIST/ANKLE ONLY 10/CS EMS ECONO-VAC 82-E2010 EA $ 18.42 0.51% $18.51 10056 MEDICAL DEVICES INTERNE/K562015 VACUUM SPLINT ARM ONLY EMS ECONO-VAC 10/CS 82-E2014 EA $ 19.95 0.51% $20.05 10053 LAERDAL MEDICAL CORP. 590200 SUCTION REPLACEMENT CARTRIDGE 80/CSV-VAC EA $ 22.37 0.51% $22.48 10136 BEMIS MANUFACTURING COMI 592041 SUCTION CANISTER DISPOSABLE RED TOP 800cc 100/CS EA $ 2.89 0.51% $2.90 10017 BAXTER HEALTHCARE-DMG 600062 1V Solution,Dedrose 5%in Water 250ml Bag 36ea/cs Baxter 2B0062Q EA $ 4.29 4.20% $4.47 15185 WESTWARDPHARMACEUTICA 6006-10 Atropine 8mg 20.1 Via110ea/bx EA $ 44.47 4.20% $46.34 15185 WESTWARDPHARMACEUTICA 6059-10 C4Midazolam,5mg,5ml Vial 10/bx BX $ 18.37 4.20% $19.14 240071 ZULCO INTERNATIONAL 61512 Curaplex Ring Cutter Replacement Blade 100ea/bx EA $ 1.74 0.51% $1.75 10383 NEW ENGLAND MEDICAL SPECI 620361 Syringe and Needle,VanishPoint Retractable,3cc,21 go x 11/2 inch 100/bx 10361 BX $ 60.98 0.51% $61.29 10383 NEW ENGLAND MEDICAL SPECI 620371 Syringe and Needle,VanishPoint Retractable,3cc,20 go x 1 inch 100/bx 10371 BX $ 61.84 0.51% $62.16 12003 COOK MEDICAL INCORPORATEI 62161 INTRAOSSEOUS(10)NEEDLE DISPOSABLE STANDARD TIP TROCAR 16 GAUGE X 3CM C-DIN-16-3.0-T451EA/5EA/BX EA $ 50.79 0.51% $51.05 10060 MINTO RESEARCH 660202 SPLINT,TRACTION ADULT OR CHILD 6 YEARS AND UP SAGER TOTAL CONCEPT SUPER BILATERAL S-304 EA $ 363.16 0.51% $365.01 10061 MORRISON MEDICAL PRODUCT 6606OR Backboard Restraint,5 ft,2 pc,Orange,Impervious,Plastic Side Release,Loop Ends EA $ 6.08 0.51% $6.11 10070 I.T.POSEY COMPANY 705-2510 Limb holder,economy,13 in.Lx 3 in.W,53 in.strap length,412 in.circumference PR $ 4.16 0.51% $4.18 10099 B.BRAUN MEDICAL,INC 7520-20 1V Solution,Dextrose 10%250m1 Bag 24ea/cs EA $ 2.37 4.20% $2.47 12245 SALTER LABS,INC. 77-111410 Oxygen mask,infant,elastic style medium concentration-1,with 7 ft safety tube 10/cs CS $ 16.05 0.51% $16.13 10207 SUN MED 792-5-0236-09 Curaplex Selec[Laryngoscope Handle,G-Line,Medium,Fiber Optic,Chrome Plated Bass EA $ 46.29 0.51% $46.53 10207 SUN MED 792-5-0236-10 Curaplex Selec[Laryngoscope Handle,G-Line,Penlite,Fiber Optic,Chrome Plated Brass EA $ 46.29 0.51% $46.53 10334 VENTIAB CORPORATION 872110E AEROSOL MASK,ADULT,WITH ELASTIC STRAP,DISPOSABLE 50EA/CS EA $ 0.42 0.51% $0.42 10014 AMERICAN DIAGN09IC CORP.875LF STANDARD BULB AND VALVE LATEX FREE EA $ 3.04 0.51% $3.06 11307 HONEYWELL SAFETY PRODUCT900233 AMMONIA INHALANTS 100/BX 12BX/CS BX $ 17.11 0.51% $17.20 12245 SALTER LABS,INC. 967-ZCC4001L Blood Pressure Cuff BP,Comfo,tCheck,thigh,1R,be,male slip l uer connector,single pt use 10/bx BX $ 57.21 0.51% $57.50 12245 SALTER LABS,INC. 967-ZCC4101L Blood pressure cuff BP,Comfo,tCheck,large adult,1 tube,male slip luer,single pt use 10/bx BX $ 45.00 0.51% $45.23 12245 SALTER LABS,INC. 967-ZCC4201L Blood pressure cuff BP,Comfo,tCheck,adult,1 tube,male slip luer connector,single pt use 10/bx BX $ 40.16 0.51% $40.36 12245 SALTER LABS,INC. 967-ZCC4301L Blood pressure cuff BP,ComfortCheck,small ad.It,1R,be,male slip l uer,single pt use 10/bx BX $ 38.89 0.51% $39.09 12245 SALTER LABS,INC. 967-ZCC44011F Blood pressure cuff BP,Comfo,tCheck,child,1R,be,male slip l uer connector,single pt use 10/bx BX $ 37.37 0.51% $37.56 12245 SALTER LABS,INC. 967-ZSCZT01MQFEA BP Cuff,S-Check,myl,thigh,1 tube,female twist lock connector,Marquette 10ea/bx EA $ 5.78 0.51% $5.81 12245 SALTER LABS,INC. 967-ZSC4101MQF Blood pressure cuff BP,S-Check,vi.yl,large adult,1 tube,female twist lock,Marquette 10/bx BX $ 45.00 0.51% $45.23 12245 SALTER LABS,INC. 967-ZSC4201MQF Blood pressure cuff BP,S-Check,vi.yl,adult,1 tube,female twist connector,Marquette 10/bx BX $ 40.16 0.51% $40.36 12245 SALTER LABS,INC. 967-ZSC4301MQF Blood pressure cuff BP,S-Check,vi.yl,small adult,1 tube,female twist lock,Marquette 10/bx BX $ 38.89 0.51% $39.09 12245 SALTER LABS,INC. 967-ZSCM0IMQF Blood pressure cuff BP,S-Check,vi.yl,child,1 tube,female twist lock connector,Marquette 10/b BX $ 37.53 0.51% $37.72 10079 TELEFLEX MEDICAL A03792 BAG VALVE MASK(BVM)SWIVEL WITH FLOW DIVERSIFIER WITH MASK ADULT HUDSON 6EA/CS EA $ 12.74 0.51% $12.80 10050 COVIDIEN B490201 SUCTION TUBING 1/41N X 6 FT 50EA/CS EA $ 0.99 0.51% $1.00 10028 DYNAREX CORPORATION F165633 TAPE ADHESIVE CLOTH SURGICAL 31N X 10 YD,4/BX 12BX/CS BX $ 8.47 0.51% $8.51 10099 B.BRAUN MEDICAL,INC G0914 Irrigation Solution,Sodium Chloride,1000.116-/.B Braun R5200-01 EA $ 1.99 4.20% $2.07 10126 BECTON DICKINSON T301604 SYRINGE ONLY LUER SLIP 1OCC 400/CS BECTON DICKINSON CS $ 76.83 0.51% $77.22 10126 BECTON DICKINSON T309626 SYRINGE TUBERCULOSIS 10C WITH NEEDLE 25 GAUGE X 5/8 IN 100/BX 8BX/CS BECTON DICKINSON BX $ 17.62 0.51% $17.71 10155 MICROFLEX MEDICAL CORPOW 290691 Gloves,Supreno SE,MED,Nitrile,Powder It",Standard Textured Exam 100/bx 10bx/cs BX $ 8.53 0.51% $8.57 10155 MICROFLEX MEDICAL CORPOW 290692 Gloves,Supreno SE,LG,Nitrile,Powder Free,Standard Textured Exam 100/bx 10bx/cs BX $ 8.53 0.51% $8.57 10155 MICROFLEX MEDICAL CORPOW 290693 Gloves,Supreno SE,XE,Nitrile,Powder Free,Standard Textured Exam 100/bx 10bx/cs BX $ 8.53 0.51% $8.57 10155 MICROFLEX MEDICAL CORPOW 290690 Gloves,Supreno SE,SM,Nitrile,Powder Free,Standard Textured Exam 100/bx 10bx/cs BX $ 8.53 0.51% $8.57 Discontinued Items/Items to Remove 10927 FRESENIUS 311-19 *DC USE 360-19Caldum Gluconate 10%,100mg/m1,10ml Vial 25ea/pk EA $ 7.63 10013 AMBU 477-KLTD214EA *DC*USE 2114-44434 Supraglottic airway kit,ITT D,red,size 4,adult 5-6 ft,tube,60cc syringe, EA $ 26.32 10013 AMBU 477-KLTD212EA *DC*USE211444432 Supraglottic airway kit,ITT-D,SZ2,ped 35-45 in.tube,35cc syringe,lube jel EA $ 28.88 11878 NICE-PAK 541231 -DC NO SUB*TINCTURE OF BENZOIN SWABSTICKS INDIVIDUALLY WRAPPED 50PK/BX 10BX/CS EXP: BX $ 10.79 16028 PFIZER INC.(HOSPIRA) 0641142035 *DC*USE 103-10*MFG EPINEPHRINE 110001MG 1ME AMPULE 2043 25ea/bx EA $ 2.73 10050 COVIDIEN 1212-41422 -DC*G.-Sponge,Dermacea,2 in x 2 in,4 ply,Non-woven,Non-sterile 200/bg,40bg/cs BG $ 0.68 10297 MYLAN SPECIALTY LP 25021-301-02 -DC USE 0542-02 ADENOSINE 6MG,2ME VIAL 10ea/bx EA $ 4.74 10297 MYLAN SPECIALTY LP 301-04 *DC*Adenosine 12mg,4.1 MAI,10ea/bx EA $ 12.09 10013 AMBU 477-KLTD213EA -DC*USE 2114-44433 Supraglottic airway kit,ITT-D,yellow,size 3,adult 45 ft,tube,60cc syringe EA $ 26.32 14564 DIVED CORPORATION F0108 *DC*MFG BAG INFECTIOUS WASTE RED 251N X 341N 250EA/CS EA $ 0.15 11820 BRIGGS HEALTHCARE F03520 *DC*USE 1431-16004 COLD PACK INSTANT KOOL-PRESS 61N X 81/41N 24/CS CS $ 9.42 12132 MEDSOURCE INTERNATIONAL K4036 -DC USE 32762*PENLIGHT DISPOSABLE EACH WITH PUPIL GAUGE 300EA/CS EA $ 0.73 10127 TIDI PRODUCTS(BANTA) R2024 *DC*MFG BIOHAZARD BAG 16 GALLON 241N X 331N 250/CS CS $ 31.05 10050 COVIDIEN 47-31439766PK Electrode,MediT,-Mini,ECG monitoring,pediatric,foam,teardrop shape,adhesive hydrogel 5/pk PK $ 0.72 10050 COVIDIEN 54133 ELECTRODES PEDIATRIC 3/PK 200PK/CS MEDI-TRACE MINI SERIES 133 PK $ 0.40 Page 172 of 633 10079 TELEFLEX MEDICAL 020634 02 Connector,Bub,Nipple/Nut,Tap ere d,Plastic 50ea/cs EA $ 0.33 10079 TELEFLEX MEDICAL 021211 Guedd Airway,Sok Plastic,Size 000,30mm,Cl—,Non-sterile 10ea/bx EA $ 1.36 12246 FOX LABS INTL.,INC. 1063-19051 SUDECON DECONTAMINATION WIPES 1/EA 100EA/CS EA $ 1.04 Potential Subs 10927FRESENIUS 360-19 Caldum Gluwnate l0%100mg/ml,10ml vial EA $ 11.81 10013 AMBU 2114-44434 King LTS-D Supraglottic Airway Kit Size 4 Red 1/EA 5EA/CS EA $ 33.45 10013 AMBU 2114-44432 King LTS-D Supraglottic Airway Kit Size 2 1/EA 5EA/CS EA $ 34.92 16028 BPI[ABS,LLC 103-10 Epinephrine lmg,lml ampule lea 10-/pk EA $ 12.74 10297 CARDINAL HEALTH-PHARMA 0542-02 Adenosine 6mg,2m1 Vial 10-/bx EA $ 3.38 10013AMBU 2114-44433 King LTS-D Supraglottic Airway Kit Size 3 Yellow 1/EA 5EA/CS EA $ 33.45 11820 MEDSOURCE INTERNATIONAL-1431-16004 Curaplex Instant Cold Pack Compress,Large lin x 7.5in 24ea/cs EA $ 0.49 12132 MEDSOURCE INTERNATIONAL 32762 Curaplex Disposable Penlight 6/pk,60pk/cs PK $ 4.83 Page 173 of 633 I he City o, 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 April 17, 2018 Jesse A. Garringer Henry Schein, Inc. PO Box 3227 Irmo, SC 29063 RE: "ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS" BID #:057-1412-17/IT CURRENT CONTRACT PERIOD: JULY 3, 2017 THRU JULY 2, 2018 Dear Mr. Garringer: The Contract for"Annual Supply of Medical Supplies and Medications" will expire on July 2, 2018. This contract allows for one (1) additional year renewal with the same terms and conditions. The City of Boynton Beach would like to renew this contract with Henry Schein for an additional one-year extension with the same terms and conditions. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at atrtam 0)bbfl u . We look forward to continue working with you. If you should have any questions, please feel free to call Michael Dauta, Warehouse Manager via email. Thank you. Sincerely, Tim W. Howard Assistant City Manager Administrative Services c: Michael Dauta—Manager of Materials and Distribution Central File AMERICA'S GATETVAY 170 TI-IE G ULFSTREAM Page 174 of 633 BID NAME: "ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS" BID NO.: 057-1412-17/IT Contract Renewal Period: JULY 3 2018 THRU JULY 2 .2019 Agreement between the City of Boynton Beach, and Henry Schein; X Yes, I agree to extend the existing Bid for the Annual Supply of Medical Supplies and Medications under the same Terms and Conditions for an additional year: July 3, 2018 thru July 2, 2019. No, I do not wish to renew the agreement for the following reason(s): HENRY SCHEIN, INC. /1�' ntJ C�ti^ Linc. HC _NAME Ol- COMPANY SI )NATURE A%fta GaU NAME OFU-,PRESI,NTATIVE TITLE (please print) _ 51111 IS �6H- 2°f?- 3Gb�0 x 235. 2132 DATE (AREA CODE) TELEPHONE NUMBER EMAIL ADDRESS AMERIC'A'S GATELVA Y TO THE G ULFSTREAM Page 175 of 633 r4pc A medical upply Company WS MEDIC.&L SEMCM Dr"q510,Pq May 2, 2018 Boynton Bch Arizona Contract#044-2210-165MA Connecticut After reviewing pricing with the manufacturers for your bid renewal, we are able to provide the attached pricing for the renewal period of 7/3/18 ffiru Florida 7/2/19. Georgia The items highlighted in are the items that have had a price increase. The items highlighted in B E has notes Concerning those items. All of the other items will remain the same. Guam If the attached meets with your approval please let us know and will have the Illinois pricing entered for you. Kansas Thank you for your time, we enjoy working with the department and look forward to continuing to grow this relationship over the year. Louisiana Missouri New Jersey el New York 7(1 ' (IA— Pam Boggan North Carolina Midwest Medical Supply Co., LLC EMS Specialist Texas 386-252-9960 Ext 1053 386-252-9961 fax 13400 Lakefront Drive Earth City, MO 63045 t: 888-540-3232 f: 314-291-2998 A n Regioal Distributor with a-Natio www.mmsmedical.com Page Wroyncs Me City of Boynton Beach Finance/Procurement Services 100 E Boynton Beach Boulevard f tP.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 FAX:(561)742-6316 April 17, 2018 JoAnn Rudd Midwest Medical Supply Co. Inc. 13400 Lakefront Drive Earth City, MO 63045 "ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS" I 057-1412-17/IT CURRENT CONTRACT PERIOD: JULY 17 Dear Ms. Rudd: The Contract for"Annual Supply of Medical Supplies and Medications"will expire on July 2, 2018. This contract allows for one(1) additional year renewal with the same terms and conditions. The City of Boynton Beach would like to renew this contract with Midwest Medical Supply for an additional one-year extension with the same terms and conditions. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautam@,bbfl.us.bb .us. We look forward to continue working with you. If you should have any questions, please feel free to call Michael Dauta, Warehouse Manager via ail. Thank you. Sincerely, .,9,- 0- Aj--MQ Tim W. Howard Assistant City Manager Administrative Services c: Michael Dauta.—Manager of Materials and Distribution Central File £ERICA'S GATBIVA Y TO 9WE G ULFW97REAM Page 177 of 633 BID NAME: "ANNUAL SUPPLY OF MIEDICAIL SUPPLIES AND MEDICATIONS99 BID NO.: 057-1412-17/IT Contract Renewal Period: JULY 3,2018 THRU JULY 2,2019 Agreement between the City of Boynton each, and Midwest Medical Supply; v Yes, I agree to extend the existing Bid for the Annual Supply of Medical Supplies and Medications under the same Terms and Conditions for an additional year: July 3, 2018 thru July 2, 2019. pf -4 --uL o-,�, c�c�,L ------- No, I do not wish to renew the agreement for the following reason(s): ........................................................................................................................................................ MIDWEST MEDICAL SUPPLY CO. INC. 11 T NAME OF COMPANY 'T SIGNATURE NAME OF REPRESENTATIVE TITLE (please print) DATE='3— (AREA CODE)TELEPHONE NUMBER 0c,L�L EMAILS AMBRICA'S GAT TVAY70 9THE G 1771jFSTREAM Page 178 of 633 x x x �J � v � � � � � v v v v v a v o o � � � � -� � � ® �n m oo s AI., �nmm � � p0000o � �U Om mmmmmmmm CL -� n z z z z z z m � x x m x x x x z z r, � � � � � � p � a�a i i 1 I � E � '0 T� n W Q O b 0 000000 0 0 9 A C0T CAT , I & & & U i i N t2 � j � N � m --10 C» ao Q Q O O O O O P P P O O CD 0 m 0 CO 0 0 0 0 w coWN N N _ s f0 w V 0 U ? w N s Cp Cp Q 00 W 0 O O � � � ? SSS s J i i `i j s N P (T Q V O G Q P m P w O O Q 0 0 0 0 0 0 Q O b U + O N O W ? U CA z z 0 A 9 � � M " MM99 c � O m N M V V 0� Cn fn W14 9 m 00 �c" O O CT o Ui �' fn o �n $ U o m K p y a m X m m m !T� n P c o 0 A - z 4 F� c) 10 z mC: 21N z 5 -moi C7nn Cpm mmwmw wwooaommmmw mmmmmmmmw wN -q m Q CO m aaa �' axxxxxxxxxxxxxxxxxxxxxxxxxc0 m T0 n a 0 z r G7 n zj m j N 3 Ro O m pp pppp O d - p 0 A A ? ? 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W m y N 3 �-^ m a m 3 boo T o m W O O z r r W w W W N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N(�NCsW�j0w0W00N W co W W GV W0 WNCN NNNNWN W VNO WVW U A 0WVNs A i 0 m U A s W V CT U A N s O W W V A W N s C0 V W N i OD V W Ol m C�J N�s � Uax CNmT Om OX om 0Ux Ux Gm O QX x NX OXm X hJOO N w w4 OWOOOOOOODUOn �ONNgU b O C O Ommm U ZICI % %%m% p � � mf° mmm G1 m m m m *AW-4 -4 W V V IV V� V0 JWW V WW VCO NW 01NNVJN VC81WUW StW VCpbOl� VN.E.ANa�l NW_ �s0NN0�W0W NVO enWCOig: VWW0ANNOOm s WWIWWO A N N eCbO �� U OUNW �00W �miOWW0 fOOQm O VNN 0 W ms000 N 0AWNO 010 N W WCD�NO W W 41(A VCDiCOAN WCD 00 O O j O s O 6 O O O O O O O s O O O O O O O 88 88 W CC UC(�p (b 0 UUC�y A(CT1r NW W N W N UNN s (D O VCls O6W b0 O W 0OWOUUW�N(CTTN CL000IdO W0WUNWT O CNOOAW MGM6TWW 0� 0WV V V W W WW V WNNN W U O_ W Page 183 of 633 ymmmo va NRR oCn1a NN_� ��NNVV]V 4Smjm N N m 0 V a 0 A W C °' a1 x m cnn m M m c m z o m -' v c CM Q)-4 W V V 7. O V f4 N W W m A 7 (n(11 041000 00 O O O O p 00 0 0 0 cc O O N 3 Q W pp m (O1 VNG1 .OVo,OV�� 7 f 11 0 C n 0 01 W W I O 0 0 0 O O O O O O O O O p� oa000LTI 00 O O -• m an aCL zas m c m m O m ° s19 C,x x�° o m m r Cb Z O O z r r Nw�1 fy�1w www 0�V 41 fTA 0wm # m"C 00oao omom m }�n 0 20) XX m V W j V V V mro.lwm 81$1D ""W 0 w N O w w 00— Mco P.mil Ch Nm# s N O O O pOppp O 7 r 000 06 wp claumm 00 4r <b Page 184 of 633 SHAPkPSAFL;-T'f Dixasm COVIDIEN December 2017 Dear Valued Covidien Customer: Covidien's vision is to deliver unmatched value to our customers by providing solutions that improve patient outcomes and healthcare delivery through clinically relevant and economically valuable innovation. Covidien will be taking the following actions effective January 2018 •Covidien will be increasing price on its locally negotiated contracts by 6% on Salem Sump Tube—All Sizes These actions are necessary to help improve the overall financial viability of Covidien's offering, which in turn will allow us to continue on our mission of creating and delivering innovative healthcare solutions, developed in ethical collaboration with medical professionals, which enhance the quality of life for patients and improve outcomes for our customers and shareholders. Your Covidien representative can provide further details regarding this matter. Thank you for your continued support of Covidien. Sincerely, qWomas ffarkin Thomas Harkin Director of Marketing 'j"') I �08-261-8000 ['4AN","FTFI 1),NA 506-261-82/1 LFAXI 02048 Page 185 of 633 512 LEHMBERG ROAD COLUMBUS,MS 39702 ECOLAW T 800 87A 3027 IF 800 642 0266 E c.Lmtomeraemlco@micTotWned.com 314293 MIDWEST MEDICAL SUPPLY Attn: Purchasing/Materials Management 13400 LAKE FRONT DR EAR71-1 Cl MO 63045 December 1, 2017 SEP 6 2017 Dear Valued Customer: As one of your many suppilers, we are pleased to have earned your business.We take great pride In our products and their Impact an your ability to provide the highest quality care to your patients. As a manufacturer, our focus is on developing and producing high quality, to cost products to serve the healthcare market. Our costs, such as raw materials and transportation, are directly affected by the dynamics of the marketplace. This requires us to review and adjust pricing on a periodic basis.Attached are products that you have purchased In the past year In is the price will change effective January 1, 2018. Please update your records an future orders. The follovAng parts vAll change on January 1,2018 Part ft ftnDeecrl.pflon Cuffant New Price Pr1w 86 W11 RING CUSHION 1136.50 $140.60 W-800 :MD1 CLEANSING ENEMA SET $80.50 $85.33 -bi-760 VAGINAL IRRIGATION SET $110.00 $113-30 .,B5-007 DIBBEDSIDE URINARY DRAINAGE SET $ID5.00 $108-15 -'87-001 MDI DELUXE LEG RAG(MEG1 UM) $147.30 $151.72 '37-4062 W1.REHAB LEG R.AG.(MEDI.UM) 3168.00 $170,96 *7-003 iMDI DEWLEG BAG(LARGE) $147.30 $166.14 07-D04 :MDI REHAB LEG BAG(LARGE) $166.00 $176.96 181-AZO04 VULL BODY VACUUM MATTRESS $249.14 S25631 70-100 MICROSHIELD PROTECTION PAK $247.67 $255.10 78-220 CPR MICROKIT MICROSHIELD ZIPPERED POUCH $87.11 $89.72 76-356 -CPR MICROSHIELD PLUS43LACK KEY 33M.62 $312.73 76-357 CPR MICROSHIELD PLUS-ORANGE KEY $303.02 $312.73 78-700 AUTO EXTERNAL DEFIBRILLATION AID KIT MIC SHIELD PLUS $90.69 $93.41 '78-720 AED MICRUKIT CPR MICROSHIELD-PLUS ZIPPERED POUCH $109J9 $112.47 `73-200 MICROMASK TRAINING MOUTHPIECE $49.26 :$50.74 73-2D4V REPLACEMENT VALVE FOR MICRO SK $52.15 $53.71 73-402 CPR MICO MASK W1 REMOVABLE VALVE POUCH $80.24 3$135.05 73404 MICR OMASK WIRE MOVABLE VALVIE/BLACK POUCH $80.24 $85-05 73-406 CPR MICROMASK W1 REMOVABLE VALVE $74.81 .$79.30 73450 'CPR MICROMASK BLUE HARD CASE '$80,24 $10-05 73-00 CPR MICROMASK W1 REMOVABLE VALVE POUCH 389.93 $95.33 Page 186 of 633 ipart: Pmrt Description Current Now Prlc* FrIve .73-506 CPR MICROMASK EMOVABLE VALVE POLY .37 $89A3 13-650 CPR MICROMASK 02 BLUE HARD CASE $89.92 $98.91 78-8DD AUTO EXTERNAL DEFIBRILLATION AID KIT MASK $128.06 $135.74 ;78- AED CPR MICROMASK ZIPPERED POUCH $146.02 $154.78 `77-100 CPR FILTERSHIELD- ECL OSABLE POUCH 6110-09 ;110.70 81 0 'WRISTIANKLE SPLINT $8249 $64.36 :Bi- 14 -ARM SPLINT "6.37 $71.68 :81-A2024 LEG SPLINT $86.77 $93.71 »PEDIATRICIUNIVERSAL MATTRESS $138.13 $142.27 -81-A2124 REPAJR KIT FOR VACUUM PRODUCTS(RED) $15.07 $15.97 Al-A2130 -REPLACEMENT STRAP-WR-I-STIANKLE,SW X 1 $11.68 -$11,93 .81-A2131 *REPLACEMENT STRAP.ARMILE G 2'%34- $16,45 $16.94 .'81-A2132 REPLACEMENT STRAPA3UCKLE,LEG 2"X 45* $16-98 $17.49 SI-A2134 *REPLACEMENT STRAPS.FULL BODYIHELI-VAC TX 84" 419.01 $19.58 '81-A2136 AREPLACEMENT HANDLES WISTRAPS-FULL BODY MATTRESS -S31,80 -$32.75 'Owum REPLACEMENT VALVEIVACUUM PRODUCTS $12.06 $12.41 '81,A2346 VACUUM VALVE CAP $3.07 $3.25 X81 D4 'CARRY CASE,B1 000&81 00 $48.96 $5D.42 131-A2514 CARRY CASE,81-A11000.81-A7000,81,A7700 $24.51 U5.98 SI-A215340 'REPLACEMENT ADAPTER.5 701 VACUUM SOURCE $8.29 $8.79 DOUBLE ACTION HANDIFOOT PUMP .81-A2560 $38.6D $39.76 IA 70 HAND HELD BRASS PUMP SMALL $59.11 $62.66 81 JFULL BODY MATTRESS SET $349.11 $359.56 ll-AWW FULL BODY MATTRESS AND DELUXE EXT.SET81A5000181-A770D(10 $572.30 $689A7 41470W EXTREMITY SPLINT SET $226.01 $244.09 61-A7700 DELUXE EXTREMITY SET $283.31 $305.97 ,'81-A8000 PEDIA TRICA' JNIVERSAL MATTRESS SET $206.03 $211.16 ._82-E2(I10 iEMS ECONO-VAC WRISTIANKLE SPLINT $158.19 $162.94 82-E2014 ;!EMS CONO-VAC ARM SPLINT $170.35 $180.57 .62-EMZ4 [EMS ECONO-VAC LEG SPLINT $127.75 $136.42 382-E2215 rEMS ECONO-VAC MEDIUM FOREARM SPLINT $65.79 $69.74 .62-E2222 EM ECONO-VAC LARGE FOR SPLINT575A7 $79.68 Z2-r:2545 ]EMS ECONO-VAC SUCTION ADAPTER $1.73 $1.03 z92-E2580 -EMS ECONO-VAC PUMP VA.92 $29.79 )82-E7700 EMS ECONO-VAC:DELUXE EXTREMITY SET $132.69 '$136.67 70-150 CPR MICROSHIELD $200.36 1$206.37 70-155 :MICROSHIELD/WATERPROOF $2115.74 $2=21 70-185 CPR MICROHOLSTER $87.50 !$90.12 '70-186 MICROHOLSTER REFILL $213.00 $219.39 "70-189 CPR MICROKEY-RED $279.28 $287.66 711-190 CPR MICROKEY-BLACK $279.28 $2 AS `70-192 CPR MICR OKEY-ORANGE NEON $279.28 -$267.66 1M10 CPR MICROKEY-NAVY(5alCS) $279.28 $287.66 7M20 -CPR MfCROKEY-ROY AL(5(VCS) $279.28 $287.66 70-330 CPR MICROKEY-TEAL(SOICS) $27928 $287.68 72-151 MICROSHIELD IN POLYBAG $189.60 $196.29 72-490 MDI MICROKEY PRO-BLACK $303-87 $312-78 -72491 MDI MICROKEY PRO-NEON ORANGE $303.67 $312.78 72-492 MDl MICROKEY PRO-ROYAL $303.07 $312.78 72-493 MIDI MICROKEY PRO-T $312.69 $322.07 Page 187 of 633 'Part Na TareDescription Current :Newfrlce Pflca MICROHOLSTER XL PROTECTION CASE-VELCRO MDI $99.09 $102.06 12-681 MICROHOLSTER XL REFILL $227.71 $234.64 -72-011 MD1 MICROSHIELD XIL $220.18 $226.79 '76-345 CPR MICROSHIELD PLUG-RECLO SABLE POUCH $215.54 $222M 76-M8 CPR M(CROS HIELD PLUS-ROYAL KEY $312.53 $322.01 76-359 CPR MICROSHIELD PLUS-TEAL KEY 4312.63 S322.01 .76 B cPR MICROHOLSTER-PLUS 493.67 $9BA8 AB 76-486 -MICROHOLSTER-PLUS REFILL $228.88 $235.75 78-200 *CPR MICROKrr MICROSHIELD POLYBAG $89.53 $71.62 :81-A2135 *REPLACEWNT HANDLES W/STRAPS,PEDIIUNIV M.4.3 $30.31 Our goal Is to provide the service that you deserve as our customer. If the Is anything that we can do to improve, please let us know. Thank youl Sincerely, Ecolab Customer Service Page 188 of 633 CONCORDANCE D19TRIBUTOR PRICE SHEET PA Box WASsoula,MT 59807 TELEPHONE, (800)423-8659 (4 728-2522 :(4728-9332 e - calfiks Rumba-Mra 0zdwqi=fidw Wtkagd in d 09or !iAGWMS NOW Mom= - .05a4L=z S 4-10mDFJJMYSBT t'. wit $300. .& 0.6d r December 1, 2017 Thank you for the continued support in 2017.We truly appreciate each Distributor partnership that has grown over the past 43 years and look forward to the next 43 years! Despite the many challenges during 2017,Mortan was able to experience another successful year,thanks to each of you. Looking forward,2018 may be another year of economic uncertainty.We have already felt some of this in our cost of doing business as evidenced by price increases from suppliers.This has forced us to pass on a 1%price increase on many products and 2-5%increase on few others. We will continue to provide our partners with the highest quality products and do everything we can to hold pricing. We look forward to working with each one of our partners in 2018. Please contact us for copies of the new catalog, product samples,or anything additional we can supply to help you grow your business. Happy New Year, Page 189 of 633 P 937382,1451 70Weftay 877.733,0911 OFERNal F 937.382.1191 MImington,Ohio 45177 / wwwlernmcom January 2nd, 2018 Subject: Ferno Price Increase Effective February 1,2018 Dear Ferno Partners: Due to continued rising costs for raw materials, F will institute a 4% price increase on most EMS products effective February 1, 2018. F will honor all outstanding quotations for a period of 30 days. For current pricing to be honored, it will be necessary for you to provide a copy of your quotation along with your order. Any order submitted prior to Februaryl, 2018 dated for immediate shipment will receive our current pricing. To obtain a faxed or e-mailed copy of the revised price list, please contact the Ferno Customer Service team at(877) 733-0911. We value your continued partnership and appreciate your understanding and support in this matter. Best Regards, Kris Turner Director, ERS National Accounts Page 190 of 633 HARTWELL MEDICAL Creating Quality Productsfor Life 2018 PRICE LIST December 5, 2018 Dear Valued Dealer: Thank you for your continued support of our innovative emergency care products. There has been a growing interest in our vacuum immobilization products in a number of areas around the country. The FASPLINT FULLBODYO and the FASPLINT HALFBACKOjoin our well known EVAC- - LI NV Mattress as alternative solutions for proper spinal splinting. One of our vacuum immobilization products in conjunction with the CombiCarrierll, which serves as the ultimate patient transfer device,provides a winning combination to address the current changes in EMS patient handling protocols being implemented in various regions of the country. The CombiCarrierlP continues to be well received by EMS organizations around the world. With its impeccable reputation for reliability and durability, the CombiCarrier1l is the perfect solution to your customer's patient handling needs. Because it can be used for vehicle extrication situations and also functions as a scoop type stretcher, the CombiCarrierH is two products in one. The CombiCarrierll can also eliminate equipment loss. By separating in half, the CombiCarrierlI can be easily removed from the patient when placed on the cot or upon delivery to the hospital, eliminating the need to leave the product behind at the receiving facility. This can be a major cost savings for your customer. We have also created an olive drab version of the CombiCarrierIl for military customers and a compatible head immobilizer in black. Please call us for details. The price on our Color-Coded BriteViewe Laryngoscope Blades have remained the same and most of our top selling products have increased less than 3%. Some products necessitated a higher increase due to material and production costs. Your 2018 pricing information is attached. These prices will be effective with all orders received on or after January 1, 2018. We appreciate your continued support of our innovative emergency care products and we remain committed to providing you with the high quality products backed by legendary customer service. Cordially, 1147 e Gary R. Williams President and CEO 6354 Corte del Abate,Suite F,Carlsbad,CA 92011-1479 760-438-5500 800-633-5900 760-438-2783 Fax www.HartmIlMedical.com Page 191 of 633 MMS—A Medical Stipply Company Ve I e f 1 e.x, 1,3400 Lakpfront Drive Ma k A" 2917 WK,,k Unra Earth City,MO 63045 DvehArn,hr-4zrAI'm t)SA MOOF"C' 5�mq'7 117 MOZ March 24, 2018 Teleflex appreciates your business and continued commitment to provide our products to your customers. I wanted to provide you with documentation that your assigned pricing for some products increases on January 1,2018 Thank you for your support and understanding as we implement the increase.We value your business and look forward to our continued partnership. Sincerely, Mark J Reis Director of Sales and Marketing, EMS Teleflex Page 192 of 633 Dear Valued Customer, This letter will confirm that effective 7/3/18 CONMED Corporation will implement price increases of 1.0%on some of its products. As I'm sure you are aware, material and manufacturing costs have increased. CONMED has historically worked to offset and absorb the majority of the cost increases with productivity and sourcing actions and we will continue to do so. Thank you for your continued support of COD Corporation Jonathan Saporito Pricing Analyst Page 193 of 633 *a 2273 Larsen t 11.0Box 19031 Green Bay,W 543W-9031 920-496-3040 aww fi€dig raa�idea om May 2, 2x18 Concordance Healthcare Solutions 1575 Aviation Center Pkwy #402 Daytona each, FL 3211 Dear Pam, This is to notify you that Graham item#65244, Equipment Cover, has been discontinued with no remaining inventory. Let me know if you should have any questions. Sincerely, Kim Peplinski Page 194 of 633 The City o Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard az P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 FAX.(561)742-6316 June 8, 2018 Lisa Perkins, Municipal Contract Manager REHRIG PACIFIC 7452 Presidents Drive Orlando, FL 32809 VIA EMAIL TRANSMITTAL TO: Iperkins@rehrig.com BID: SUPPLY OF INJECTION MOLDED MOBILE REFUSE CONTAINERS AND PARTS BID No.: 048-2510-15/JMA CURRENT CONTRACT PERIOD: JULY 20, 2017 THRU JULY 19, 2018 Dear Ms. Perkins: The Contract for "Supply of Injection Molded Mobile Refuse Containers and Parts" will expire on July 19, 2018. This contract allows for two (2) additional one-year renewals under the same terms and conditions. The City of Boynton Beach would like to renew this contract with Rehrig Pacific Company for an additional one-year term under the same terms and conditions. Please indicate your response on the following page and return it via email to 1Liestmani@bbf1.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Ilyse Triestman, Purchasing Manager at(561) 742-6322. Thank you. Sincerely, .401 4 wif %0 Ai--WQ Tim W. Howard Assistant City Manager-Administration cc: Davidson Monestime, Solid Waste Manager, Public Works Adrianna Greco-Arencibia, Assistant to the Director, Public Works File America's Gateway to the Gulf Stream Page 195 of 633 The City o 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 BID: SUPPLY OF INJECTION MOLDED MOBILE REFUSE CONTAINERS AND PARTS BID No.: 048-2510-15/JMA CONTRACT RENEWAL PERIOD: JULY 20, 2018 THRU JULY 19, 2019 X Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of July 20, 2018 thru July 19, 2019. No, I do not wish to renew the agreement for the following reason(s): REHRIG PACIFIC COMPANY Rehrig Pacific Company °'.. NAME OF COMPANY SIGNATURE Lisa Perkins Municipal Contract Manager NAME OF REPRESENTATIVE TITLE (Please print) June 8, 2018 603-490-8722 DATE (AREA CODE) TELEPHONE NUMBER I erp kinsaypbrig.com E-MAIL ADDRESS Primary Account Contact: Matt Callier, Sales Representative 904-528-6139 mcallier@rehriq.com America's Gateway to the Gulf Stream Page 196 of 633 6.K. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of May 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 May 2018: Purchase Order Vendor Amount 180950 I nnovyze, Inc. $ 19,554.16 180957 L.A. Design, Inc. $24,500.00 180966 Dana Safety Supply, Inc. $ 10,570.00 180980 FAU Institute of Government $23,990.00 180981 Utility Metering Solutions $ 38,800.00 180984 & 180985 A-1 Air Solutions, LLC $ 18,149.41 180992 The Paving Lady, Inc. $ 31,825.00 180999 Pac-Van, Inc. $ 16,400.00 181000 Ten 8 Fire Equipment, Inc. $ 15,505.13 181010 Anzco, Inc. $ 11,800.00 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 197 of 633 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Purchases over 10K backup-May 2018 Page 198 of 633 CITY APPROVED REQUESTS FOR PURCHASES OVER y 000 0 FOR MAY 2018 1. Vendor: Innovyze, Inc. Purchase Amount. $19,554.16 Requesting a Utilities Michael Low Date: 511118 Brief Description of Purchase: License upgrade from exisitng InfoSWMM Floating and Info Water Floating. Source r Purchase: Sole Source Fund Source: 401-2821-536-6 -1 -$12,750.00 401-2821-536- 6- 1 -$6,804.16 2. Vendor: L.A. Design, Inc. Purchase Amount: $24,500.00 Requesting t: City Manager Office Contact Person: Tim Howard 512118 Brief Description of Purchase: Relocation consulting services for temporary move. Source for Purchase: Other-Architectural Services Fund Source: 001-1214-512- 9-17 3. Vendor: Dana Safety Supply, Inc. Purc —10—,57000 Requesting Department- Police Contact n: Capt.Zeiler 514118 Brief Description of Purchase: Holster replacement for road patrol officers for new firearms. Source for Purchase: Three Written Quotes Fund Source. 001-2111-521-52-50-$8,570.00 001-2112-521-52- 0 -$2,000.00 4. Vendor- Fau Institute of Government Purchase Amount: $23,990.00 Requesting Development Contact Person: Patsy Grissom Date: 51911 Brief Description of Purchase: Evaluate and review the BTR function and make recommendations. Source for Purchase: Other Fund Source: 001-2411-524- - 0-$18,990.00 001-2419-559-49-17-$5,000.00 5. Vendor: Utility Metering Solutions Purchase Amount. $38,800.00 Requesting a Utilities Contact : Barb Conboy Brief Description of Purchase: Date: 519118 Install 3rd Antenna for AMI Systems which will service the western part of the service area. Source for Purchase. Three Written Quotes Fund Source: 403-5000-533-65-02 Page 1 Page 199 of 633 6. Vendor: A-1 Air Solutions, LLC Purchase Amount- $18,149.41 Requesting Department: Public Works Contact Person: Gail Mootz Date: 5/10118 Brief Description of Purchase: PO#180984-To purchase a BU-1 HVAC replacement unit for Public Works in thea ount of$5,650. PO#180985 -To purchase a RTU-1 HVAC replacement unit for PD 2 (FS 2) in the amount of$12,499.41 Source for Purchase: Three Written Quotes Fund Source: 303-4116-580-64-18-$5,650.00 GG1872 303-4119-580-64-18-$12,499.41 GG1870 7. Vendor. The Paving Lady, Inc. Purchase Amount: $31,825.00 Requesting Department- Public Works Contact Person: Gary Dunmyer Date: 5/14/18 Brief Description of Purchase: Drainage project for Public Works compound to alleviate flooding. Source for Purchase: Three Written Quotes Fund Source- 303-4116-580-62-01 GG1841 8. Vendor: Pae-Van, Inc. Purchase Amount: $16,400.00 Requesting Department: Police Contact Person: Capt. Zeller Date: 5/17118 Brief Description of Purchase: Shipping containers to be utilized for storing City Assets & Police Department evidence while transitioning to our temporary location. Source for Purchase: Three Written Quotes Fund Source. 001-1214-512-64-02 9. or: Ten 8 Fire Equipment, Inc. Purchase Amount: $15,505.13 Requesting Department- Fire Contact Person: Deputy Chief Davidson Date: 5/17/18 Brief Description of Purchase. Fire Hose for new engine and for a spare station hose. Source for Purchase: Three Written Quotes Fund Source: 001-2210-522-52-67 10,Vendor: Anzco, Inc. Purchase Amount: $11,800.00 Requesting Department: Public Works Contact Person: Gail Mootz Date. 5/21/18 Brief Description of Purchase: Epoxy and level Tennis Center restroom floors. Source for Purchase: Three Written Quotes Fund Source., 001-2511-519-49-17 Page 2 Page 200 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180950 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/01/18 VENDOR 17065 SHIP TO: TO: INNOVYZE, INC. City of Boynton Beach XP SOFTWARE, INC. FAST UTILITY ADMIX 6720 SW MACADAM AVE STE 150 124 E. WOOLBRIGHT ROAD PORTLAND, OR 97219 BOYNTON BEACH, FL 33435 REQUISIMON NO. ORDERING DEPARTMENT: A DATE NEEDED; MD NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA INFOSWMM FLOATING (4, 000 LINKS) 4590. 0000 4590 . 00 UPGRADE One (1) InfoSWW-,F1:6qting- license upgraded frog existing 'f"00bN—fixed' :----j-'. 2 1.00 EA INFOSW ,M. %QAx .2448 .3300 2448.33 INFOC 3 1. 00 EA I F-L-01TI- kij (LML-TMIT' 1 0.0000 8160. 00 - UP GR.A-DE Oily er. -FLoat-:-j..U-q f "E Unlim- Inks license -0, e 0 Up.9r, d" 4,!"To exing infWater .. .......... l,.- p.r. �!-2-*"d Lid. anse. 4 1. 00 ' .',2N-VOWATEA: FLOA.j!- NG ,(UNLIMITED 0 4355. 83 1i1KS) INS CAR REMARKS- "Ll-1cmNSE. UPG*� . . . . . . . 90LE SOURCE R' Qp PT B. 1 5! PROCUREMENT SERVICES Am: ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 201 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180950 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/01/18 VENDOR 17065 SHIP TO: TO: INNOVYZE, INC. City of Boynton Beach XP SOFTWARE, INC. EAST UTILITY IN 6720 SW MACADAM AVE 124 E. WOOLBRIGHT ROAD ST E 150 PORTLAND, OR 97219 BOYNTON BEACH, FL 33435 REQUISITION NO, ORDERING DEPARTMENT. ul DATE NEEDED: MD NO: COMMISSION APPROVEM EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ACCOUNTING INFORMATION ONLY DO NOT SEND THIS PAGE TO THE VENDOR* -------------------------- ------------------------- --- PROJECT AMOUNT REQ/ACCT DATE REQ &Y ----------------------- 0000071100 04/10/ 12750. 00 N 40128215366414 . . . MIN M. tOW/MR 6804 . 16 0000071100 40128215364691. -------------- --------------- X X . . . . . .. . . . . . . . . . ...... PROCIUREMENTS1 T��:TAL- E-0 T:O--Tla ACCOUNT NO. PROJECT d EPROV:E:M PURCHASING Page 202 of 633 00 M I I M 0 0 04 s 0 OD w Ln lfl Ln wr r-i m ch 0 1 rt o M 0 rl) aM 0 DQOaVg C) 0 0 0 Pu i ® 0 0 0 0 x x M w Ln Ln I x M 1 Ln rA rl Ln W CD -41 0) 0 rk H E.P 0 916 a 2 0 Hm I a 0 a a H 0 a rl) (D (q) p EJ a (n 0 M W0 C; mc; NE. C7 iM "o w Ln LO Np r-I M a1 N co 0 . cNH 0 0 H i EA 44 Ln rT4 0 ri E-4 W z >izI z 0 0 00 Ix a4 P H 14 D, 9 U M w u pf Q H i z H 0 pq 1 0 44 r!M w 13 P4 W00 U Q u 0-1-q P4 a4 0 U 0$4 5WMHWU� cV 01 z C) , L; A WFA rrxa U) 0 NO WH XO ul 0 ZE-1 Z E-4 Ix z Ix M�4-ri rx M w M H M :4 N.P4 ZP4 H 0 02 1 W H 0 X 4J W 1 >1 WU00m mom 0 04JOW 000 M Q�cm MMM r4l�d�r w N 1%M -1-1 LB Z F-I fS Z HG 0 La Z HS Z Z&4 1�4 Ea°rlw Ey m U 14 pq'X w a4u NU H�:)Z Q4 U H U as HWH z CD 04 H O-Hloj'-�H aQH H 9 134 N u x 04 M H ErAo orao C)41 CU U;0 0 �6-1 C um 0-HIXN -;P 9 w —A 0 w M —C4 w 44-4MO —W� 4J-HM pq 0 E-1 P4 0 H to 0 ope RUH 10 r-q 4E4ZP4 HO-HaAE H P4 r p r-I M 3::PE N HZ04 Pr74 XXU� E-O:E N L No to woo P 0 0 000 00 I so d w moum 4um d Fa um um 044 0 0 z 1 4449 9 - .. N4J 0 0 44 01 W 0 0 N 0-H>4 n P4}+Q id WN Q P-1 n I Hro H rq rI zH H I H E40 PC H0 WPO 0 P JHJ MO HE WHE H 0 N E—Onx 00 �44 WOE E-4 0 N N N N UCS 0 P 0 Mr-l-,qoo 0 M r.rd 0 9 1 U,-I rA r-I ,,,I 0900 34 W 0els EU MZU H E U 1 0 c) 0 a C) D4 W u 0 20-IM r04 0z 2 R 24 Op tD E-4 pq 1 M ZUM z 0 04UM ZU Q , Ho a) H HOP H IH 4J 0 pq P4 CA (d V3 Ix H r4I w " �c M ZN : 4 IP cq Z r-4 0 (D HM H a 44 -A Pz ; M 0 0 m Page 203 of 633 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10P000 Date:10-Apr,-18� Requesting Department: Utilities ADMIN Contact Person: Michael Low Explanati r Purchase: License upgrade from existing lnfoSWMM Floating and InfoWater Floating. SOLESOURCE lRecommended Vendor Innovyze, Inc 7 ials Source for Purchase (check and attach backup mater ): I Three'Written Quotations GSA S tate C 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 Source for Purchase: 401-2821-536-64-14 $12,750.00, 401-2821-536-46-91 $ 6804.16 Approvals: tm Department Head Date I(- r Purc Si Purchasing Ag, t J51 Date Asst City Manager Date M a�ena er g C% 'se 0 ml Form d 2�/02 Page 204 of 633 lmovyze& 6720 SW Macadam Ave,,Suite 150 Portland,OR 97219 Quotation #180353395 P:1888 554 5022 sales-americas@Inrrnvyzexom MOMEMENEENNEVANNEEMM Date of Quote. 26 March 2018 Your Account Team: Neil Vollen Matt Grewe SHIP TO BILL TO(if different from ship to) City of Boynton Beach FL Michael Low Boynton Beach, FIL P: (561)742-6403 lowm@bbfl.us Innovyze License Agreement stipulates that licenses are not transterrable and must be used at the location for whkh they are purchased. 1 infoSWMM Floating KGOD Links) $13,770.00 $4,590.00 Upgrade -$9,180.00 ne(1 0 13 Jnf0SWMM Floating KOM Links)license upgraded from existing InfoSylmm Fixed(4,000 Links)license.Full$9,180 credit applied for existing lnfoSWMM Fixed (4,000 Unks)license. I I lnfoSWMM Floating(4,000 Links)-!n Care $2,755.00 $2,448.33 Upgrade -$306,67 Pro-Rated Int re®[$2,755—1$1,840 x(2/12))]®$2,448.33 1 InfoWater Floating(Unlimited Unks) $24,48M00 $8,160.00 Upgrade -$16,320.00 One(1)InfoWater Floating(Unlimited Links)license upgraded from existing InfoWater Fixed(Unlimited Links)license.Full$16,320 credit applied for existing InmWater Fixed(Unlimited Unks)license. $2 _$10 ng lexisting I Info Water Floating(Unlimited Links)-In Care $4,900.00 $4,355.83 Upgrade Pro-Rated InfoCare:[$4,900—($3,265 x(2/12)})®$4,355.83 _$ Read the Irakovyze License&Annual Maintenance Agreement. Tax $0. httg:jjinmo rn lagreements FREIGHT/HANDUNG TOTAL(US.Dollars) $19,SS4.17 Quotation#180353395 is valid through: 25 April 2018 Fpr E3 Signed Authorization(see below) NNNEOMMEMEMOMMMOMENEMNOW rc 5 0 q5) U Purchase Order No: (Terms=due on receipt) 0 7Check No: tu Date Mailed: Make checks payable to InnaMe,Inc. FEDERAL TAX ID:59-3169325 Page 205 of 633 ILAffrree eTerms (Please ia�4 Name of AuthorizedManager) ( n authorized Manager) of H.T.E. REQUEST FOR RE,QUISITION c04/10/2018 H.T.E. t 71 110 Clerk: MR Procurement ant s@t; Director: City sa get capitaland/or 00+ REASON FOR PURCHASE: License upgrade fro re existing fnf Floating and InfoWater Floating. SOLE SOURCEVENDOR INFORMATION: I INFORMATION: Name: I navy e, Inc Admin. (X) Date: 04/10/201 P (l ) Address: 6720 SW Macadam Ave, Ste 150 1 Engineering Date Needed., 04/3012018 Confirm. Portland, 9721 Cult. el. ( ASAP/Conf. ( ) Distribution ( ) DELIVERY: SUBMITTED Phone(contact): J. rick ealth, P ater Qual. ( ) Quoteer el ]) E. Admin. 0 ( } ever 0 Pumping ( ) Quotes/Written P 41 ( ) over $20001_ VendorNumber:17065 Treat. ( id P 42 star erg, ( ale sure tr. P1iJ 9 ( ) INITIATOR® M. Low, UtilitiesSewage In urn ( ) peeial ti. In tru itRequirements: APPROVED. trrr.ra ' Project Number: uan. Unit Pricee ri teir rt umber Fuad Dept sig lem b` Amount 1 $45W00 InfoSWIMM Floating(4,000 Links) Upgrade 401 2621 536 4 14 $4690.00 One(1) InfoFloating license upgraded from existing 1nfoSWIMM fixe license. 1 $2448M_ InfoSWIMM Floating(4000 Links)-Ie re 401 2821 636 46 91 2446.33 Upgrade Prorate 1 61 0.00 Info at r Floating (Unlimited Links) 401 2321 53 14 160.00 Upgrade One InfoWater FLoating Unlimited Links license upgrade from existing infoWater Fred License. 4365. 3 Inft a er Floating(Unlimited Links)- 401 2821 536 91 4355.63 Infoare upgrade 12821 53 $12,755.40 1 2821 530 46 91 __f6_80C16 TOTAL $19354.1 Page 207 of 633 Krasnoff, Low, Michael Sent: Thursday,April 12, 201810:47 A ® Krasnoff, Leah; Roberts, Melissa RE; Req #71100-Innovyze Leah They have confirmed that the PO is sufficient. Thnaks, M ichael Michael Low Deputy Utilities [directorManager,Technical services Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. Boynton Beach, Florida 33435 561-742-6403 lowm@bbfl.us http://www.boynton-beach.org/ America's Gateway to the Gulfstream Please be advised that Florida has a broad public: records law and all correspondence to rte via email may be subject to di,closure.Under Florida records law,email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subj Leah Krasnoff Accounting Technician Financial Services City of Boynton Beach i 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 561- 2®6308 KrasnoffL bbl,us Q1, http://www.boynton-beach.org/ IM 11 F1 America's Gateway to theGulfstream 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 209 of 633 Innovyzee Much 26,2018 Michael Low Deputy Utilities Director/Manager,Technical Services Boynton each Utilities 124 E.Woolbright Rd. Boynton each,FL 33435 Re: Sole Source for InfoWater and InfoSWMM Dear Mr.Low: This letter is to infbrm you that Innovyze,Inc.is the sole and exclusive developer,owner,and distnbutor of the InfoWater and InfoSWMM Software Packages,including all Suite versions,updates, upgrades,and Annual Maintenance.No one else is allowed to sell this software as we are the sole- source for manufacturing and distributing the software.We maintain exclusive rights to sell our software and we have no distributors. If you have any questions,you can reach me at(626)568-6855. Sincerely, tclm-- J. Erick Heath,P.E. Vice President Business Director-Americas hmovyze,Inc. Page 210 of 633 Innovyze March 2018 ®CHANGE TO COMPANY NAME AND REGISTRATION DETAILS Dear Client, In May of this year,we announced that XP Solutions would be merging with Innovyze.Since then we have been steadily aligning our operations as part of our plan to integrate our two organizations.On Tuesday,October 31, 2017 we took then step and consolidated our operating entities. Here's what you need to know about the resulting entity: Company Information Our any registration details are now:Innovyze incorporated;6720 SW Macadam Ave.,Suite 1SO,Portland, OR 97219, United States. Registered In Delaware,Tax ID#59-3169325. DUNS#931389506. Bank&Payment Details HSBC Bank,Paying in U.S. Dollars: Account#447004131 Routing transit number for wire transfer#021001088 Routing transit number for ACH transfer#123006389 SWIFT Code#MRMDUS33 Contracts&Agreements All contracts and agreements with XP Software, Inc. have been transferred to Innovyze Inc. For those that are non- transferable, new agreements will be issued. No Changes to Service&Contact Details We are committed to providing the same great service and support.Should you need to contact us,please email your account manager at saIes-amerIcar-mInn^%nrv&^ or our Accounts team at ysaginvoicesiminrigWe.corn All other contact details remain unchanged. Yours sincerely t7awe,f etvV4 James Crough CFO, lnnovyze innovyze Inc. Corporate Headquarters 67219 SW Macadam Avenue, 605 East Huntington Drive, 370 interlocken Bouievard, Suite 150 Suite 205 Suite 630 Portland,Oregon 97219 Monrovia,California 91016 Broomfield,Colorado 80021 USA USA USA P:+1888 5S4 5022 P_- +1 626 568 6968 www.i=ovyze.com F:+1503 9617764 Page 211 of 633 WE-9Request for Taxpayer Give Farm to the I rev. not mm"twaal-0 Identification Number and Certification reWasibr.Do 17) L- v1for and l Send to the IRS. P,Go to arwwJmj;zFwmVA btstructimito Ow atest Intammoon. I isms In shaft on yoer L%vm tax miurr$Nam Is readred an this Dou do not the- XP Software Inc J"n namshlisroganded amity inner.N dilened from soon l Inc 3 Chm*MPPMprkM box ON ladval tar chm0ficallm oft parmn whose ffluee is entered an Ina 1.Check only 8110 of tffifte 4 EmmIldons foodus vA*orly to blvalng nown bcs&L caftdn icsides,net Individuals;Joe D InduldualAscle potmater or 21 C Corpomflon 118 Cotpoodian [I Partnership T D rurvesues himrwftm an pop it: amowmwfdwLLO E—P1 psym each Of-A UmhdUaWRycompoW.Entorthe lax chostficafidn(C*0 n, a corpormlo $ s corpondton,P.PartmnAllp. HAZ Check the 40~119 box In the ffee above for the hur dosAftaflOn Of ON dalft-m1prober owner. Do n®t check Exemption borc FATCA room" 91 LIC It On LLD Is clauffied as a slogoe-narnber LLC&d Is ickrals"ned kcal tre ower union ft wevor Of the U-c 6 anatimr LLC thal Is nd deragarded from the omer for U,&WON)lax 13MMUL 001-180.a Andle4ftonber LLC wee,of any) Is marsaardedleon Ins owner W=ld chack the approprials bm lot the in dovelficadon of he mraF. 'Oftr 5 Address Pwftsr.seam,mod apt.or QFe mj am—haftucdan& Requasks's came ond oddm=Won" 6720 SW Macadam Ave Sufte 150 ads.old ap Uwe Portland OR 97219 7 Uol accounk madus"has Texpaer IdentMcglitlon Number it youirTIN In the appropriate bm The TIN worsted must match Ille nivne ghron on line I to avold Becial"motly no backup vAthholding.For Indh4duals,thb Is generally your smile security number FS4 Haw"ar,fw a resident alon,sale proprietor.or d"wded enthy.sea Me Instructions For Part L later.For other onWM ft Is your amplayer Iderdificathn,number(Ml*.If you do not hwe a number,moo How to pot a 77N,kner. or Note:11 the amount Is In more than one nam,no Do Instruations for Una 9.Nze an vAlat lata nurnbar - Number To Give the Requester for guldolnes an whoss number to odor. 3,T1 671 973 2 6 Ceedflandon -E19 Under poneffles of parfury,I corsty,j;;t- 1.no nurnber show on this form Is my corme taxpayer Identification number(or I am Madting for a number to be Issued to me);and 2a 1 am not subW.to backup withholding becuiuse;(al I am exempt from backup wlModing,or(b)I haev not bmn mMed by the Intemal Reverms Service(IRS)that I am subIact.to backup withhakfIng as a result of a failure to report d Interval or dividends,or(c)the IRS hoa notified met I am no longer aubbd to backup vdibbolding,and .I on a U.S.dtizen or other I.I.S.person Ideffned beloev);mid 4.The FATCA cade(s)entered an this form of any)Indicating that I am exempt from FATCA reporting Is correct CWWkSHOn kObUCUOnL YOU must 0093 MA ftern 2 above 9 You havo boon nolffied by the IRS lhat YOU am curroft sub led to backup loNvIding because you nove failed to report 491 Ifflortat and dividends an par tax neurn.For mal sabdo hansamions,Item 2 does not apply.For mortgage Interest poK acquisition or abandonment of secund proponly,cancellation of dead,contributions to an 1 robrarnand arnaVemani ORA).and generally.payments othertuin Interest and d?vW!"we not required In sIlim the coffification,but you must pvAdayour carred 711 .See the Indmidlons for part 11,Ituan met leaparea. General Instructions Form I MS-DW(fivIderick,Including these frove stgolts or musaid Section Ifffinclems are to the Internal Romans Code unless othonalse funds) noted, a Form 1 099-MISC(varbus"us of income.prim,awards,or gross Futare clavolopraonts,Forthe Isled 1wriornabon about developments proceeds(l misted to Form W-B encl Its Instructions,such as legislation onscled ®IF 1 CN-B(stock or mutual fund sales and cartain other after they ware published,go to www.k&goaftrmM. tronseciltsis by brokoz) a Fare 1099-8(proceeds ftm role wtate transactions) Purpose of Form *Form I M-ft(rewchent card and third pW network lionsecuom) An IndlWdual or entfly(Form W-B requester)who Is required to file an s FoRn I Ma(home mortgage Intereloi.I D98-E(student loan InteresQ. Information return with the M8 must obtain your comsca taxpayer 1 M-T ftublue) identification number(TIN which may be your social sewrily,number a Form IC89-0(canceled debt) (WNL mclMdual taxpayer Identification neraber(ffll%.odepVcm v Form 1099-A(acquishim or abandonmerit of secured properM taxpayer Identification number CATIM,or aropiklyar Idendcallon number (Elh&to hosed an an Information ndurn the amount paid to you,or ovw We Form W-9 only if you we ala person OncludIng a moldeffl, ornount raparlable an an Information return.Belwoles of Informallon allero,to poAda your cowed TIN. volume Include,but am not Ilrafted to,the faltoWng. fir you do vat return Fkarn W-9 to Cho requester with a TK you roltild Foan 1099-INT fnionest earned or pokQ ANI UdYWI 10 fiecklo HWMGMV.Son Wiot It,backup teft"cling, later. CEL Na.102SIX Fwm W-9 Rev.11-2017) Page 212 of 633 015-■ ;-1 CD -0 c 3 -n F r T a3 (D X CL a CD p, Cb 3 3 m CL Cr OD (D ri, V 0 cn 0 0 (D (D m in 3 C 'D 0 z X m 0 0 > 4 c r c C. —16 C) m > > z > co J« m z 0 m C: G) C CL CD > z m CL X CD CD m w CD CD X CA 0 (D m C) 0 (D > CL a to 0 Ca 3 p P CD C3 0 CD CID CD 0 0 0 0 CD 0 0 ai 4* cD CL 0. CD 0 CA) I CD SA (n CD w co 0 C) w 25 0 Ica i (D m M x m 0 'a X 0 3 (D CA p-3 ;w CL N OD w (D 0 CID (D to I CD 0 0) (a 0 c CID 13 I i0mc (D [JiD 0 -4 On -4 cr -C:) co 0 Q -4 CD a 0 0 C) 0 C) 0 0 CD 0 L Page 213 0 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180957 BOYNTON BEACH, FLORIDA 33426-0310 DATE: 05/02/18 VENDOR 17090 SHIP TO: TO: L.A. DESIGN INC. City of Boynton Beach 851 BROKEN SOUND PARKWAY CITY MANAGER OFFICE BOCA RATON, FL 33487 100 E. BO YNT ON BCH BLVD BOY ON BEACH, FL 33435 —---------—-—-——----------------------------------------------------------------------------------- REQIWSITV10N NO, 71.202 ORDEMNG DEPARTMENT: CITY MANAGER' S OFFICE ---------------------------------------------------------------- --------------------------------- DATE NEEDED. MD N 0 E COMM I SS VON APPRO V E D ----------- ---------------------------- EXTENDED LI NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 24500 . 00 DL PLANNING SPACE EVALUATION FOR 1.0000 24500.00 TEMPORARY MOVE. REMARKS:.'.'.'.. RELOMTION CONSULTI.NG 8 ERVTURS..-.� .. .. ..... . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . PROCUREMENT SERIWCES, P.O. TOTAL 24500. 00 ACCOUNT NO. PROJECT 001-1214-512.49-17 ------------- PURCHASING Page 214 of 633 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 000 3 Date: 5/2/2018 Requesting Department. City na r's Office Contact Person. Tim Howard ExplanationrPurchase: Relocation consulting services for temporary move. Recommended Vendor L.A. Design, Inc. Dollar Amount of Purchase $24,500.00 Source r Purchase (check and attach backup materials): Three Written Quotations CSA 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 Source rPurchase: 001-1214-512-49-17 Approvals: Department , ® Date /, Purchasing Agent Date Asst Citi Manager Date City ru to Form Devised 02101/02 Page 215 of 633 co CD E-1 00 0 0 0 LA LO Ind 94 0 m Q Z W M M > 36 117 Z HI CrilC 0 de 1� D,0 M 1 ul Ln I cq N Z z U 0 a cul1 00 m 0 I-q >1 z 0 a ptc 0 0 z - I H 0 H F7 I P 0 C) 1 V) N4 0 u Z z I p CyI 0 ri I Do I r4 F-j W 0 0 >4 1 0 H D4 Z E-4 : C] P 040 H u H P4 H Eq 1 0 H 0 H Q ; .0 a, �v H0 M CY C,4 rl > I I z z Da E-i 0 En z EQ Da 0 W u > cn 04 ca P: I 1 aC > W. cn co I cy) Ol li P 0 4 HU H 1 zg FY4 1 w IW N E�cn 0 um UJ w 0 OH PU I rY4> C4 w ra pq D1 pq 0 0 m m m H H 1 E®®E-4 P 00 Z H Hu >4 H E, E>4� i o->�z H WcoH z x M 0 u u I PV z pq 0 zi i Ln H 0 I M>q m zH H I EA 0 E-4 EDHE 04 i n P 0 H I HRO H I 1 0 ri) I 0 Q4 H W w z Ix cn H m slz 1 I Page 216 of 633 0 26003120 0 Mr. Colin Assistant i r Public Services City of Boynton 124 E.Woolbright . Boynton Beach, Florida 33435 Relocation Consulting Services Dear Mr. Groff, Thank you very much for the opportunity to present our proposal for the above referenced project. It is our understanding that we shall provide Project Pre-Construction Services. These phases shall include Programming, Space Evaluation, and Planning services for the temporary relocation of the Administrative Departments, Police Station,and Library of approximately 80,000 SF total. PROJECT AND SCOPE UNDERSTANDING: The scope of the proposed work shall include the information provided to us during our last meeting. As follows: 1.0 PROJECT PLANNING AND ADMi l T T 1.1 Identify Team organization and protocol for obtaining and issuance of information. 1.2 Conduct Programming gathering sessions with City of Boynton Beach team to establish team responsibilities, methods of approval, project procedures and presentation of findings. 1.3 Assist in determining the overall project objectives including design criteria development, schedule including required phasing and project budget. 1.4 Utilizing our current plans from the previous build out, our team will verify any changes that have been made to date.A full MEP and Architectural survey be required in order to create the base plans for all test fits and space anylsis. 1.5 Create Cad files for all existing conditions for purposes of creating new plans. 2.0 MACRO PROGRAMMING 2.1 Tour of existing facility to determine areas of concern and areas of desired redevelopment. 2.2 City of Boynton Beach to provide overall headcount charts for each department for basis of further programming data. 23 Develop interview scheduling meetings with various departments as deemed necessary by Team leaders. 2.4 Identify all City of Boynton Beach consultants)vendors including AV, Kitchen, Security, IT as required to determine roles and responsibilities. -�x 851 BROKEN SOUND PARKWAY SUITE 115 a BOCA RATON,FL 33432 a Ph. -3 Fax:561-367-7442 Page 217 of 633 PROPOSAL TO CITY OF BOYNTON BEACH Page 2 3.0 MICRO PRO 3.1 Coordinate and schedule data gathering sessions with various City of Boynton Beach departmental or overall project management team. 3.2 Identify project scheduled details for phasing of work to be completed. 3.3 Gather the programming information through wasting site surveys and interviews Information should include: • Headcount projections including growth factors ■ Departmental organization and adjacencies including work and traffic flow ® Detailed account of support space including: Filing, Storage, Break rooms, etc. • Special use spaces including:Training areas, Conference Rooms, Computer room, etc. a Special requirements for: Safety, Security, HVAC, Telephone/Electrical/Data, Computer and Plumbing. • Technology integration with Systems Furniture,AV, Signage, etc. 3.4 Review and analyze existing furniture systems and office furniture for re-use. Determine at new requirements for furniture will be necessary for new locations. 3.5 Prepare written program data with all summaries, test fits, standard, etc. for review and approval prior to space planning phase. 4.9 §eME PLANNING 4.1 Upon written approval of the space analysis program we shall prepare preliminary space plans indicating all areas that are to remain unaltered and new areas identified for new construction. 4.2 Preliminary test fit plans shall be presented in 1/8" scaled AutoCAD format indicating building standard improvements such as partitions, doors, built-ins, and overall workstation/ office configurations etc. 4.3 Revisions shall be included as required tomeet the program requirements. However, if additional changes are requested that are not reflected in the program, and the program is modified it may be deemed additional services. 4.4 Meeting minutes and results of review criteria and comments shall be provided after each meeting. 5.0 PRELIMINA BUDGETING 5.1 Preliminary design documents shall be developed to include specifications of design options and alternatives and details for budgeting and pricing.These details shall include: Wall types Glazing Door options Ceiling material options Lighting options Finish selections 5.2 At this stage, we shall confirm all pricing of the design to adhere to the project budget and any modifications shall be done to match the budget prior to entering into the construction documents. 851 BROKEN SOUND PARKWAY NW SUITE 115 in BOCA ATON, FL 33432 x Ph.561-367-0550 1B Fax:561-981-8242 Page 218 of 633 PROPOSAL TO CITY OF BOYNTON BEACH Page 3 6.0 FURNITURE, FIXTIJRES AND Eg,UIPMENT i TION 6.1 Designer shall meet with the City of Boynton to review all existing furniture and equipment for relocation. Designer shall assist in establishing overall requirements for any new furniture items required to supplement existing as well as work with vendors to provide budgets for any new required purchases. 6.2 Programming of new furniture including requirements for each workstation type including components as well as individual offices and all specialty areas. 6.3 Final determination for furniture electrical locations, power requirements, and phone/data cabling requirements are specified. It will also be determined how to provide the source of power/data including power poles,floor outlets, etc. 6.4 Furniture floor plans shall include all workstations,files, and equipment and case good items. 6.5 Individual office furniture layouts shall be included. 6.6 Installation floor plans for furniture systems are provided by manufactures representative that shall be reviewed for compliance to the design specification for all new product. 7.0 FEE ALLOCATION SCHEDULE—NOT TO EXCEED S 24,500.00 Includina reirnbursablea Fee based_ on 25, 00 sf rctec ase Administrative, 30 000 sf Police Station,and Library Programming $5,500.00 As Built-Field Survey Architectural and MEP $1,750.00 Space Planning $8,250.00 Preliminary Budgeting $8X0.00 HOURLY RATES Hourly rates shall be billed for additional services as follows: Architect/Engineer $200.0011-11r. Project Designer $195.00/Hr CAD Technical Staff $185.00/Hr. 8.0 COMPENSATION REIMBURSEMENT EXP i-riot to exceGd 8.1 Reimbursable expenses shall include but are not necessarily limited to the following: All Printing and reproduction costs of. Plans shall be ernalled to the Client's local reprographics company for all printing and deliveries. 8.2 The basic services and their corresponding fees may not necessarily represent the full scope of services required for the project.Work not specified in the above tasks will not be performed without prior written approval. 8.3 Services that may be required and are not included in this proposal may include but are not limited to the following: To be paid by Tenant 851 BROKEN SOUND PARKWAY NW SUITE 1.1.5 m BOCA RATON, FL 33432 a Ph.561-367-0550 0 Fax:561-981-8242 Page 219 of 633 PROPOSAL TO CITY OF BOYNTON BEACH Page 4 * Renderings * Additional Space Plan Options or Program changes after approval. Additional Design Options—2 schematic design schemes are included 8.4 Reimbursable expenses such as postage, courier service, reproductions, presentation materials and expenditures made shall be reimbursed at actual cost. 8.5 Payment for services: Invoices for services will be submitted for services rendered each month and will be due upon receipt. Payments not received within 30 days may be subject to a charge of 1.5% per month on the unpaid balance. 9.0 al Terms and Ponditions 9.1 It is agreed that all services shall be rendered in good faith and in a professional manner. However, Architect cannot be responsible for the performance, quality, or timely completion furnished by Consultants or any other on the project. 9.2 It is agreed that either party upon seven (7)days written notifications may terminate this proposal. Upon termination,Architect shall be fully compensated for all services completed and any reimbursable expenses accrued to that date. 9.3 Notwithstanding any other provision of this agreement, and to the fullest extent permitted by law, neither the Client nor the Consultants shall be liable to the other or shall make any claim for any incidental, indirect of consequential damages arising out of or connected in any way to the Project or this Agreement. 9.4 To the maximum extent permitted by the law, the Client agrees to limit the Consultant's liability for the Client's damages to the sum of a not to exceed Consultant's fee. The limitation shall apply regardless of the cause of action or legal theory pled or asserted. 10.0 INVOICES Signing in the space provided may indicate acceptance of the proposal. Please sign and return (1) one copy to L. A. Design, INC. and will serve as a notice to proceed.The above fees,terms and conditions are satisfactory and are hereby accepted.You are authorized to approve said services.Payment shall be billed monthly and per this agreement. Sincerely, Vice President,G.Midgley Jones Jr.,Architect, FL-A -0015447 Linda Allard, President ACCEPTANCE OF PROPOSAL Signing in the space provided may indicate acceptance of the proposal. Please sign and return (1) one copy and will serve as a notice to proceed. The above fees, terms and conditions are satisfactory and are hereby accepted.You are authorized to approve said services. Payment shall be billed monthly and per this agreement. PROPOSAL ACCEPTED BY: Company name Date of Acceptance Registered 851 BROKEN SOUND PARKWAY NW SUITE 115 iii BOCA RATON, FIL 33432 s Ph.561-367-0550 m Fax: 561-981-8242 Page 220 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180966 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/04/18 VENDOR 14295 SHIP TO: TO: DANA SAFETY SUPPLY, INC. City of Boynton each 4100 N PO IN RD POLICE DEPARTMENT STE W4 100 E. BOYNTON BCH. BLVD. POMPANO BEACH, FL 33073 BOYNTON BEACH, FL 33435 REO DISH ION NO. ORDERNG DEPARTMENT" I to m_F.m. DATE NEEDEM BW NO: COMMISSION APPROVED- EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 90 . 00 EA MISC SAFARILAND #6360-8325-131 105.7000 9513 . 00 HOLSTER RIGHT HAND warehouse:drop' ' level III �bh iph- duty. h.q.1,-. g . ....C. 13EL l.1grht'-:- TLR�ILHL:-, 8-ui:ei f.i. 200/ DO 0,66 right 2 10 . 00 .'SA- FA911 LAND EA 1057. 00 ware use-"drop 8325.-.131 AIDS/SLS mid .r i de .. .-- V ip:I IIS;'holster,re tent.lon ty dk ,17GE NS 4.511 TTT. 'M3. TLR 1HL;t.i' sur.6 f 1 ie. -X-10 0'/X3 6 p/Xj 0 0 vft' t -: .and -X X *Shilp RIS . . . . . . . . . . . S: sm SEW GUN HOLSTERS. VLTOTE 43 3 0:0 Do.: N. OT-MAI L PO :P.D WILL SENDTb':.:VENWR ....... mom �P.0.�TOTA�L. �I_�0570.�00 � PROCUREMENT SERVICES: ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 221 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACHLEV°( .O. 180966 T , FLORIDAFL 11 3 4 - 31 DATE: 05/04/18 VENDOR 1 295 SHIP O: TO: DANA SAFETY SUPPLY, INC. City of Boynton Beach 4100 N POWERLINED POLICE DEPARTMENT STE W4 100E. BOYNTON BCH. BLVD. PBEACH, FL 33073 O O C , L 3343 EQUISIT1014 NO. ORDERMG DEPARTMENT: mill DATENEEDED: MID 140; COMMiSMON APPROVED � EXTENDED QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ------------------------------ REQ/ACCT -----_-- ------__®-®----REQ/ACCT DATE.. REQ ' PROJECT AMOUNT -------------------- 0000071227 ----------------0000071227 05/03/]x, DL : 8570 . 00 00121115215250 ` 0000071227 05/03/3.8;.. P , 2000.00 00121125215250 -------------. POCUI'PEpET EW1�E „O„ TOTAL—______ ACCOUNT NO., PROJECT PURCHASING Page 222 of 633 0 M I In Ln U HEO Om 0 r� 0 Al H 0 Ln r- P4 Ln a c3 Ln a,0 0 6240 ra Q z mu Ow N ra z W N CO I HIM dc 0 W o I co -4 0 ff; r-- O 1 1 I- CN C) -4 C Ln >4 I Ln 0Ln (h ri CD P4 0 Q U) I 0 >4 CD OC3 0 , rr- CO P a 00ac3p CN M 900 0 z Cor-10 0 N P4 L) - 0 OCO ri 1 0 H I Ln �1 r-r-OLn I P Cl r-I z ra Lnkovm a0 H Oorlwr 104 C3 H �n H Hr-q rq I C3 cy : E VI N w �r i H p cQ 94 N E : 9 4 �o u Z 14 M 0 Cl I m 14 P -I 0 0 H go 9 P P4 w H m g �-4 : C) C3 ul 0 a a4 W I W 14 > z m 0 0 0 H ul 4J 0 00w u z U HU] 1 O 4I44 0 Z 41 wH 9 MH w 4DI I I P 04 EG P4 m k k F-4 I H r H H H 1 ul 04 H D H 0 H H'1-0 Hid �D H$c) Hyo 1 W WCR M y m > I H H H w r-q.4 M -il4x C4 1 US wm-i Nm Q PQi WW .4 yMo ON }MO U)M m cu 44 P4 W 0 4) C) H 0 0 F4 1 7H�:)HOH 'ic m C4 0 MM m I r4 I M04 MIA CODA mm HN aN a, O 04 0 0 04 IM4� R N�:)Zt)z a W Ul HWHCOHM u 54 1 w m cq w N VW n z �s Ln X'Om ZLs Nm Ld 4� Ls o ��Dg� iwe (n -rq M 0 04 M -H 0 a) C14 CD W El W PH OD 5 �4 -K PH 104 N I —I ZO u 1--H -K m�:) I HERR I C:, co-144 HO! 0 CO r4" 'd H of U u r') mm P, ON lfl r7 41 41 1 H H I LD i U:J N w iU pq 0 A I =w w 0 m NU ft In 0 w HPIU r a 0 0 0 0 I r-I F-r HrfI Ul Ln Ln 04 04 �tn - �3 I4 :�tl I Cq cl cq 04 o-4 ao14 -H 00 Ln m m rpt 01-4 a, 0�4m r4 04 I li H H Si54 z I m �; Wm H b) 1 CIA rl) N 0 0 1 Ln Ln Ln 0 Q1 Lf3 1 • 04H 0 E�l r4 -1 9 MNH P H E N WN-lp ON H ,,-1 0 U H E 1:Jm cla N r1l u cd P 0 H I MOCOR I BE 9 9 Oro,40 -.06 1 Uri li li ss 04UA 41® � 4J FE) UO I 4J 0 C) C) H 0 CO W-t%vr.o 20!�H 20:R M -H Oum H m uto 43 0 w Z zcQ H W� 'i NH H NH 9 & M Page 223 of 633 CITY OF BOYNTON BEACH 'i ' i ti�ll�l1REQUEST FOR PURCHASE OVER $I t Date: 5/3/2018 Requesting Department: Police Contact eller Explanation for Purchase: Holster replacement for road patrol officers for new firearms Recommended Vendor Dana Safety a l Dollar rc 10570 Source r Purchase (check and attachi l : Three Written Quotations GSA State Contract PPI SPECT APS Sole Source Piggy-Back Budgeted Item Emergency Purchaser I other Contract Number: (VOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. FFund Source rPurchase: 00 1-2111-521-52-50, 01-211 - 1- -5 Approvals: Department d Date Purchasing nt Date Asst it Manager Date City na r jate — - Form Revised 02/01102 Page 224 of 633 Sales Quote DANA SAFETY SUPPLY,INC 5221 W. MARKET ST GREENSBORO,NC 27Sales Cache No 243300 Telephone: 800-845-0405 CustonerN0� BOYTO TIM Tri BOYNTON EACH POLICE DEPT BOYNTON BEACH POLICE DEPT 100 E.BOYNTON C .BLVD 100 E.BOYNTON BCH.BLVD BOYNTON BEACH,FL 33435 BOYNTON BEACH,FL 33435 Contact: MATT ZELLER Contact:MATT ZELLER Telephone: 561-742-6132 Telephone: 561-742-6132 E-mail:ZELLERM@,BBFL-US E-mail:ZELLERM@BBFL.US Quote Date, Ship Via F.O.B. =Customer PO Number Pay ment.Method 05/02/18 GROUND FOB DESTINATION SAFARILAND NET30 Entered By Salesperson Ordered By Resale Number Jose Fern do Jose Ferrando CA T.ZELLER 85-8012621544CO Order Approve Unit Extended Quantity Quantity Tax Item Number/Description Price Price ne 90 90 Y MISC 105.7000 9,513.00 SAFARI AND#6360-8325-131 HOLSTER RIGHT HAND Warehouse; DROP 6360-8325-131 ALSISLS MID-RIDE LEVEL III RETENTION DUTY HOLSTER, GLUCK 17 GEN5 4.5"BBL WATI M3 LIGHT,TLR-1,'I-LR-IHL,SUREFIRE X200/X300/X300U,RIGHT HAND 10 10 Y MISC 105.7000 1,057.00 SAFARILAND#6360-8325-132 HOLSTER LEFT HAND Warehouse:DROP 6360-8325-131 ALS(SLS MID-RIDE LEVEL IR RETENTION DUTY HOLSTER, GLOCK 17 GENS 4.5"BBL Oh ATI M3 LIGHT,TLR-1,TLR-I HL,SUREFIRE X200IX30OIX300U,LEFT HAND *S1411'PING INCLUI ED* Approved By: [] Approve All Items&Quantities Ouote Good for 30 Days Print Date 05/02/18 Subtotal 10,570.00 Print Time 04:11:17 PM Freight 0.00 Page No. I Printed By:Jose Ferrando Order Total 10,570.00 Page 225 of 633 Lawmen's and Shooters' ote SupplyInc. Qufor Qu'antity 4643 , 8 Pricing valid for quantity as quoted Customer En'S ERS7760 9th St.S.W. &for 30 days after 20163BOYN Of 'SUPPLU Vero Beach,FIL 32968-9298 Buyer JEN PACIELLO Ph# (77 2)569-8700 (77 -2Email pacialloj@bb!'Lus Fox# 2)589966 www.lawmens.net Ph# 561-742-6309 Fay# Bill to Ship to CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH FINANCIAL SERVICES DEPT. WAREHOUSE PO BOX 310 222 NE 9TH AVE BOYNTON BEACH, FIL 334250310 BOYNTON BEACH.FL 33435 Agreement for Payment of Partial Shipments on File :Nof Is Required to Separate P.O.'s pb Vendor Tax Exemptions on File. F-2119 CC 8-7/22 C.S Terms MET K:=FOB Destination Rep MANDY Email MShepherd@lawmens.net Mfg Part# Description Unit Price Qty Quoted Total 6360-8325-131 SAFARILAND;6360-8325-131:ALS/SLS 106.75 90 9,6D7.50 MID-RIDE LEVEL III RETENTION DUTY HOLSTER, STX TAC, PITS:GLOCK 17 GEN 5,4.5"BBL,WITH ITI M3 LIGHT,TL -1, TLR-1 HL,,SUREFIRE X200/X300/X300U, RIGHT HAND DRAW 6360-8325-132 SAFARILAND:6360-8325-132.,ALS/SLS 106.75 10 1,067-60 MID-RIDE LEVEL 111-RETENTION DUTY HOLSTER, STX TAC, FITS:GLOCK 17 GEN 6,4.6-BBL,WITH ITI M3 LI T,TLR-1, TL -i HL, SUREFIRE X200/X30OIX300U, LEFT HAND DRAW **ANY COM13INATION OF RIGHT& LEFT HAND HOLSTERS" S&H SHIPP ING&DELIVERY ARE PER MFG'S 0.00 1 0.00 AVAILABILITY&INCLUDED IN THE PRICING RESTOCKING... ALL RETURNS OR CANCELLED ORDERS ARE SUBJECT TO A 25% RESTOCKING FEE Thank you for your business. All returns are subject to a 20% restocking Subtotal $10,675.OD fee. I Sales Tax (7.0%)l $0.00 Contact for Bid Department: Customees Purchasing Department: Contact Contact Total $10,675.00) Ph# Ph# Page 226 of 633 � � —�mma+ __________�_^�_ Quote Customer: (5416400) CITY Or BOY BEACH page 1 of 1 Date: 05/02/2028 Quote Number: 10462868 Sales Rep: MISTY HOLLAND to Expiration: 07131/2018 Sold To: Ship To: BOYNTON BEAC8 POLICE DEPT CITY OF BOYNTON BEACH 100 3 BOYNTON BEACH BLVD 222 WE 9TH AVE BOYNTON REACH, FL 33435 RARSHOUSE JBN PACIELLO BOY STO N RUCH, FL 33435 JEW PACIELW YaVr Line A, Demor .2�y Retedl e -EXt TOW I IF DOTE item No. TBD 50 149.50 7,475.00 Right hand holster 6360-8325-131 2 1PQU0TB Item No. TBD 50 149.50 7,415.00 Left hand holster 6360 $325 132 Quote is valid for 90 days s1dTALs 14,950.00 Galls is required to collect sales tax on shipments to Cextain states. Sales tax will TAX. be added where applicable, For tax exempt customers, state laws require us to have TOT L...: DO signed tax exemption or resale certificates on file at aur office. If you are tax exempt, please email or fax this information, (including your Galls account number) to Taxegalls.com or fax 859-268-5946. Export-Restrictions —This may contain commodities restricted-in the United.-States--- International Trade Regulations. 1340 Russell Cave Rd Lexington, KY 40504 Tel: 800-876-4242 Pax:877-914-2557 Page 228 of 633 Galls, LLC Invoice Credit Terms and Conditions of Sale Payment - Invoices for items delivered pursuant to any sales order are payable only in United States currency. You, your business, and/or your agency (the 'Buyer) understand that Galls, LLC (the "Seller") may impose and charge a finance charge that is the greater of 1.9 per month or the highest rate allowed by law on any amount which becomes past due and delinquent. Returned checks may be assessed a $25.00 service fee. Additionally, Buyer shall be responsible for all collection costs, court costs, and reasonable attorney's fees in connection with the recovery of delinquent amounts. All sales are made pursuant to these Credit Terms and Conditions of Sale, and Seller objects to any different or additional terms or conditions contained in Buyer's purchase order or any other document submitted by Seller. Payments may be applied against open balances at the sole discretion of Seller and may be applied across accounts if Buyer has more than one account with Seller. Credit memos are non-refundable and may be applied to open invoices at Seller's sole discretion. Credit Terms - Any extension of credit is based upon all amounts payable on or before the due date on any written. quoted, or agreed term, and shall be paid in accordance with such terms. If not paid on or before such date, accounts shall he considered delinquent and subject to the additional finance charges as set forth herein. Buyer agrees to provide seller, upon request, with an updated credit application as a i condition to the continued extension of credit. Buyer acknowledges and agrees that Seller may utilize outside credit reporting services and financial institutions to obtain information on the Buyer as a condition precedent to or for continued extension of credit. Seller may terminate any credit availability within its sole discretion and without prior notice. Buyer's continued solvency is a precondition to any sale made by Seller_ Delays - where a specific shipping date is not designated on the face hereof or in a subsequent writing signed by the Seller, the Seller shall not be responsible for any delays, nor shall Seller be liable for any loss or damages resulting from such delays. Seller shall not be liable for any delays in filling this order caused by accidents to machinery, differences with employees, strikes, labor shortage, fire, floods, priorities requested or required by an instrumentality of the United states Government or the government of any state, delays in transportation, restrictions imposed by any federal, state or municipal law or regulation, whether valid or invalid, or causes beyond the control of the Seller. Warranty - seller shall pass through to Buyer all manufacturer warranties and return policies applicable to Buyer's order. Seller shall take all reasonable actions to ensure that Buyer receives the benefit of such pass through warranties and return policies. Buyer's sole remedies for any goods sold hereunder shall be as provided in such warranties and return policies and shall be solely against the applicable manufacturer. SELLER, ON BEHALF OF ITSELF, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO SUCH GOODS. Restocking - if a cancellation of an order or a return by Buyer is accepted or initiated by Seller and/or the manufacturer, it may be subject to a restocking charge at the discretion of Seller. Delivery and Transportation - Products sold herein are sold FOB at the place indicated an the face of this sales order unless otherwise agreed to in writing by Seller and Buyer. The method and agency of transportation and the routing will be designated by the Seller. In the event the Buyer requests alternative shipment or routing, all extra packing, shipping and transportation charges thereby resulting will be for the Buyer's account. Waiver - No provision.-herein shall.be deemed a.waiver-by reason of any.-previous waiver,. and no breach of any provision shall be deemed a waiver by reason of any previous breach. Governing Law - The sole jurisdiction and venue shall be the courts of the Commonwealth of Kentucky. Export Restrictions - This transaction may contain commodities restricted in the United States International Trade Regulations. If at a later date the Buyer decides these commodities will be exported from the United States please reference the United states Department of Commerce Bureau of Industry and Security Export Administration Regulations (15 CFR 730-779), the United States Department of State International Traffic in Arms Regulations (22 CFR 120-130) as well as any other applicable laws. These laws apply to private, commercial, and government agency export transactions. As an exporter, the Buyer will be responsible for compliance with all U.S. laws relating to the export of these items. *Designates this item is on the Galls GSA Contract (Gs-07F-0157M] all other items are OPEN MARKET. 8 Page 229 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180980 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/09/18 VENDOR 992 SHIP TO: TO: FAU INSTITUTE OF GOVERNMENT City of Boynton each JOHN SCOTT DAILEY FL IT DEVELOPMENT - WEST WING BLDG 44, ROOM S0108 100 E. BOY TO BCH. BLVD. 777 GLADES ROAD BOCA RATON, FL 33431 BOYNTON BEACH, FL 33435 ............................................................... REQUISH ION NO. ORDERING DEPARTMENT, DATE NEEDEll RD NO- CONIKSSION APPROVED- EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 23990. 00 DL EVALUATE AND RECOMENDATIONS OF 1. 0000 23990. 00 BTR PROCESS AS OUTLINED IN THE PROFESSIONAL SERVICES AGREEKW SIGNED BY :THE Atity- ': MANAGER 1 :. FEBRUARY 23, .2;:018 sm m- Y, 7 . . . . . . . . . . . .. ... . . . . . . . . . m PROCLJREMENT SERVICES: ACCOUNT O. PROJECT SEE BELOW P.O. TOTA[-.��2 3 9�!O. 0 0 PURCHASING Page 230 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD KO. BOX 310 P.O. #: 180980 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/09/18 VENDOR 992 SHIP TO: TO: FAU INSTI=E OF GOVERNMENT City of Boynton each JOHN SCOTT DAILEY FL INT DEVELOPMENT - WEST WING 13LDG 44, ROOM S0108 100 E. BOYN BCH. BLVD. 777 GLADES ROAD BOCA RATON, FL 33431 BOYNTON BEACH, FL 33435 --------------------------- --------- REQ0SITION NO. ORDERMG DEPARTMENT- ------------------------------ --—----------------- DATE NEEDEM AVE) MSO: �Fc 0-m m I-S-S-�-0;A P P R 10 V E D ---------------- ----------- EXTENDED LINE# QUANTITY UO M ITEM O. AND DESCRIPTION UNIT COST COST ACCOUNTING INFORMATION ONLY DO NOT SEND THIS PAGE TO THE VENDOR* ------------------------ R --.7 -7�------------------------- EQ/ACCT DATE .$Y..... PROJECT AMOUNT - ----- ------------- .. . ......... -------------------- 0000071144 04/19/``1:8 .:. P' ATSY'GR:1:8 S:OM:: 18990. 00 00124115243440 0000071144 04/19/38 PA. T,$.Y �ORISSOM 5000 .00 00124195594917 ------------- ------- PROCUREMENT SER [1 1 P.O. TOTAL ACCOUNT NO. PROJECT PURCHASING Page 231 of 633 CYLIT OF BOYNTON BEACH RWUNST FOR PURCHASE OVER '$ y f � 5130/2018 pr am Contact Person n r Eta v! function m _ m fment Sourcefor Purchasei a Three Written Quotat state contractr m ( y-Back Budgeted Item Emergency Purchase Or Contract Number: PMMMW I the SWAB iP conWpW Wffdn i . 1001-2411-624-34-40 . o rll-2419-559-49-17-$5,000X0 2 Department .m Date, w o Purchasing Agerit .t-- Date 'PIP " age' Date . Cite Mana e � .._ . .mm _ Date �.w. Page 232 of 633 co co Ch 0 M H N M 0 0 0 P Awa ,Wpp oc) 0 0 0 Ch 0 4M co Ln M let 0 Z H A 0 FA 0 Ch r- 0 E.E. I 0 E 0 H En 0- 60 0 u C3Ea 1 0 0 0 0 O H C) N 00 M cri 0 U E-1 z M z D4 F3 N 8 > 0 r4 RM Z V4 ta . 134 FA • . 04 u Ix F i C� ril go 0 Pa P P4 z rn E-4 '74 FA M > Z z 0 H ca � U 0 E M cli U Elm 9 w V] EA O P4 M Ix vi W > H M04M pq 0 cla tr. U �4 M 4 M to 0 0 WW13W iO3 �l HUu u P E M H M rT4 Q-� to W ul z 0 0 u M 0 0 8HH i LIEU >OW4 o Zp 0 8w P4"4 ca M 0 W W M P4 W FA WE 03 p rA P OPOO ZN Ho >4 P40 PH E.4 0 04 P lec i C) ^ MMM i v YI r4w O� E-4 CA U I N In PQ 0 0 H Z E-4 Ln - Ln H Z 8 H I >qPR E-, r, 0 P . WAMH v qv 1 04 : M nx ON N E4 0 H ,zQ00 H 0 P4 - H WX U to L) 1 0 z H 0 ul 0 01 Q W 0 FA M Ili H z H H Page 233 of 633 OD 00 9x 0) 0 M ri CN m C! KA M 0 0 p 00 0 : 1 0 M 0) 134 0 Ln Go m >4 0 > M Z ap : C) 0 0 60 H zm C; t4 1� W. M I ct 04 m I Ln aGo (n P E-40 0 z HU3 : 0 C3 z no 1 0 0 I 0 E a 0 P 1 >1 C) CA 0 0 0 0 u EH� ca H H D4 H E-4 0 u E4 M U z H mm Ep. HW H mu W gUAl 0 o 0 H R E-i 9,4 0 z P� P4 WE HU1 UI 1 M E-1 0 L) z p 0 u o I P4 m P4to H P& 1 0 0 Ior P4 NRC) P4 a, 9x li p tH> rx Ix E4uuc4 P P M w P4 PQ W N4 M I 00 W 0 HH F-I H 0 > IXW41XO cn W W UP W W 124 H Q Hmm Hmm I I -,, 0 E-1 P M 14L7 RE W 1 40 OOOE-4 0 u nz Q MPH MPH 14 I o-4p X14P H 00>4 00'el 04 m IM MR� 1 BT p4 OZ 04 Lo u 'FYIZ" Ln N M o I in Ln O P P E-4 0 1 dl EI WHA D4 E-4QE r H 0 H 1400 400 cq H 0 m 0 MO u w >UM H Z Nm N A z Page 234 of 633 //- �! e FLORIDA 1 SERVICESPROFESSIONAL This Professional Services Agreement ("Agreement") is enteredinto as o (" iv "}, n t Florida Atlantic University r t , lic y c t of t o Florida, n behalf o John Scott itB 13B lri In iu ov r Florida Atlantic i n address f 777 Glades l! in , 1 Bocat 1 (" " r" niv ityp}, iBoynton C i u in ss r o t s Boy Beach Boulevard, Boynton ,FL 33436, ("Client'). Inconsideration oft uu l covenants an stipulations set forth herein,the parties hereby agreefollows: 1- University agreesto provideClient agrees to acceptthe services set forthon Exhibit attached hereto (t "Services") in accordance with the termsthis Agreement. Universityshall control the manner in which the Servicesr r igiving u consideration tot requests o Client. Unless otherwisemutually agreed, Services shall be performedt li ' r is . Z This Agreementis legally in i of the Effectiven , unless terminated s provided . r in or extended by mutual written agreement of the parties, shall continue until the Services v completed. niv r terminate this Agreement at anytimefor any reason upon writtentic to Client. 3. Client agrees to pay University for the the term hereofin accordanceit rates n terms s o on Exhibit A attached hereto. Unless otherwise cifi payments shall be due within thirty( )days of receipt niv `r invoice. L is shall bear interest at 1% per month. 4. The performanceof theUniversity of theis ll be subjectto and contingent upon the availability of funds appropriatedlegislature or the primefunding c , or otherwise lawfully expendable for the purposef the is for the current and futurepsiods. All documents, papers, letters or other material made or received in conjunction with the Services shall be subject to theprovisions of Chapter 119, FloridaStatutes. Any renewals, amendments,alterations or modifications pertaining to the Services must be signed or initialed r It parties. . The provision of theis n validity,c nst ion and effect of this Agreement shall be governed y the laws of the StateFlorida. The University, as a public entity of the State o Florida,is entitled to thefits of sovereign immunity coextensive therewith,including immunities from taxation. 8. Neither party may,withouttheadvance written approval of the other party,assignany right or delegate any dutiespertaining to the Services. default, I r failure to perform shall be considered ul , delay or failure to performotherwise chargeable, hereunder, if such default, delay or failure o perform is due to causes beyondeither reasonable control including, t not limited tri s, lockouts or inactions of governmental authorities; epidemics; r; embargoes, fire; earthquake; s of o ; defauIt of common carrier. In the n such default,delay orfailure to perform,any date ori s 8-5-07 Page 235 of 633 by which a party is otherwise scheduled to perform shall be extended automatically for a period of time equal in duration to the time Is by reason of the excused default, delay or failure to perform. 10. The University makes no warranties of any kind, express orimplied, pertaining to the Services, and to the maximum extent permitted by law, disclaims all warranties and conditions, either express orimplied, pertaining tot Services. 11. Tot maximum extent permitted by law, in no event shall University be liable for any special, incidental, indirect, or consequential damages whatsoever, pertaining to the Services (including,without limitation,damages for lossof business profits, business interruption,or any other pecuniary loss, including legal fees),whether for a breach of contract,failure of essential purpose, negligence or otherwise, even if the party has been advised of the possibility of such damages. 12. Neither party may use or make reference to the other party or any trade names,trademarks, service marks, logos or other designations of the other party except to the extent and in the manner which is expressly provided for in writing by the other party. 13. University reserves all rights with respect to the Services and materials provided by University ort work-product developed by University in connection with the Services. Nothing herein shall purport to grant or convey any interest or right to the University's services, materials or work-product or grant any exclusivity with respect thereto 14. The City is public a8ency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Keep and maintain public records required by the CITY to perform the service; Upon request from the CITY's custodian ofpublic records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract to and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession tote CITY; and Upon completion of the contract, Contractor shall transfer to the CITY,at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES,TO THE CONTRACTOR'S DUTY TO 2 Page 236 of 633 PROVIDE PUBLIC RECORDS RELATING TO THIST 8 T CUSTODIANTHE (CITY CLERK) 100 E BOYNTON BEACH BLVD. BOYNTON y FLORIDA, 33435.a �. ""` STs"�^A- IN WITNESSi i Agreement to be executed. CITY OF BOYNTONFLORIDA IDA ATLANTIC UNIVERSITY TRUSTEES,BOARD OF on behalf of The John Scoff Dailey FloddaInstitute of Government Floridaat l ti University w a , r �¢ Signature tur LORI LAVERRIERE [ t a� ® tet y -- Name ame Title Title 57it—e— t APPROVED AFrORY APPROVED Ag AND LEGGeneralFlorida Atlant4rsity Page 237 of 633 EXHIBIT A Submitted by The John Scott Dailey Florida Institute of Government at Florida Atlantic University In partnership with Management Partners February 1, 2018 Proposed Plan of Work Based on our experience with organization reviews and our understanding oft needs oft e City of Boynton Beach, we have prepared a plan of work to achieve a thorough review of the BTR function. We will use three key techniques: interviewing staff and customers, mapping key processes, and facilitating a process improvement session.This framework is amenable to refinements, based on your input. I—Start Project Management Partners will begin the project by meeting 6 with the assigned project manager and other appropriate senior management and/or staff. We will confirm project deliverables and due dates to ensure the project is completed on time and on budget and that our proposed scope of work is aligned precisely to meet your goals and objectives. We will also provide a data request at or prior to this meeting and will review the material collected by staff to identify any other data needs. 2—Collect Data and Engage Staff We will work with the p i ct manager to identify and 18 schedule appropriate staff for one-on-one interviews. Next, we will interview key employees to learn out their roles and responsibilities, gather feedback on process issues, discuss customer service challenges, and solicit ideas for improving the department's service delivery.The individual meetings will be confidential to the extent allowed by law. We will take general notes without identifying individuals, which can then be used to identify common themes and issues through an affinity analysis. As part of our research, we will collect and review documents such as ordinances, resolutions and fee Page 238 of 633 6—Report Results Once we have received feedback out the preliminary 23 recommendations and improvement opportunities,we will prepare a draft report that includes our analysis and recommendations.our report will provide the process map as well as common themes and issues, strengths of the p roc ,and improvement opportunities. We will provide the draft for review and comment.We will then finalize the report, making revisions, as necessary, to address comments and questions from the project manager and members oft a City's team. 7—Support Implementation Management Partners has a strong bias for action. Our 6 reports and resulting recommendations become tools for setting priorities, and for developing work plans. After completing the project report, we will prepare a draft Implementation Action Plan incorporating each recommendation in the project report. The draft action plan is forth the steps required for implementation, assigns responsibility for action, and an assigned priority level (immediate, near or long term) for initiating each recommendation. The action plan is prepared as a draft and becomes final once the director integrates the action steps into the work of the department. The action plan offers animportant management tool for actual implementation of the work reflected in the project report. TOTAL 122 In addition to above Exhibit A, a separate letter proposal dated December 4, 2017 tot City of Boynton Beach from Management Partners was accepted and approved by the City. The, total cost oft is project is $23,990, which includes all fees and expenses. We anticipate a kick off meeting and project commencement in February with report delivery in May 2018. Additional Services The work plan outlined inthis proposal is solely for the BTR process. However, we understand that additional work may be desired by the City, is could include the phased approach to the development services business process reviews and organizational assessments or projects in other areas of the organization. Management Partners has the experience and skills to complete each of these projects and is willing to discuss additional phases to this project as well as other projects at your convenience. Should the City is to engage us for additional services, we would develop and mutually agree on the scope and cost estimate for a task order for the City's approval of each project. Page 240 of 633 DEPARTMENT OF FINANCIALS 3 Division of Risk Management STATE RISK MANAGEMENT TRUST FUND Policy Number: GL-0201 General Liability Certificate of Coverage Name Insured: Florida Atlantic University General Liability Coverage provided pursuant to Chapter 284,Part H, Section 768.28, Flolida. Statutes, and any rules promulgated thereunder. Coverage Limits: General Liability: $200,000.00 each person $300,000.00 each occurrence Inception Date: July 1, 2017 Expiration Date: July 1, 2018 iylogt CHIEF FINANCIAL OMCER DRS-DO-863 (REV.3/01) Page 241 of 633 PURCHASE ORDER CITY OF BOYNTON IBEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EASTBOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180981 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/09/18 VENDOR 17088 SHIP TO: TO: UTILITY METERING SOLUTIONS City of Boynton each XTRALIG HT MANUFACTURING FAST UTILITY ADMIN 8812 FREY RD 124 E. WOOL IGT ROAD HOUSTON, TX 77034 BOYNTON BEACH, FL 33435 REOUISIITiON NO, 71180 ORDERING DEPARTMENT: UTIL MTR SERV/ MR —1::M MMIS DATE NEEDED- BID O. CO::SMN APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 26500 . 00 DL M400 NETWORK SETUP AND M400 1. 0000 26500. 00 ANTENNA INSTALL ON COMMERCIAL TOWER. 2 7500. 00 DL ELECTRICAL--!.n 1.0000 7500 . 00 MATERIALNEEMR: 3 4800 .00 DL CONT-Imbi-&-t"man.'IF-::"vv9-DED::x 1 . 0000 4800. 00 REMARKS: m-ICI -:WILL INSTALL 3- RD ANTENNA FOR.AMI SYSTEMS 1 I A R SERVICE TME WES'T'ERN:;PART' OF THE SERVICE .AREA. f.rmom- . . .... . . . . . ------------ --—----------- -- TOTAL 38800-00 PROCUREMENT SERVICF6. --—-------------- ACCOUNT O. PROJECT 403-5000-533 .65-02 WTR138 ----------------------—----------------- ......I--------------—-------------------- PURCHASING Page 242 of 633 1 1 , 974 1 LO H rq m [ I L`d 1 1 1 1 1 1C.3 0 F I I LO Ln co w 00 94 1 F 1 & i I 1 r9 1 i ! 1 i I 1 1 I 1 I I 1 1 1 H I I 1 w7 I I H 1 Ira 3 C2 93 1 1 r 1 P a 1 1 I I I 1 1 I 1 I F 1 I H E# 1 a 0 0 Y 1 0 rr1 1 1 1 1� 13rill Com} I 0 C� 1 1 r4 rq -1 j { in CDI 1 00 C3 94 1 ! i F e 1 H i 0 0 cci co 1 0 0 1�1 I ,4 1 • [HCL P� I .-➢ rl r�9 1 N as ` 1 { H m ca 1 H 1 a IQ Fi 04 1 0 1 1in H Pe EI • J-! 1 H 1 1 1 f I 1 p im Ln co i iP ME4I941 1 i i i H 148 M 1 I p i u9 i O U I i H i E-sm 14 ra H I H94 HPd HJX i In mli EZ-OM 1 Q C43 1 C� 1 -14 M u m H HNIM W H F-9 di ! a a I - H ! p i C� l04 H 1 0 NNUM Ln Ln Ln L i el 1LO W In Er Fi 1 I NpFi 1 HH H 1 0 H 1 1-1 1 VA m C? p H H I00 FtCJ I TJ 0 0 0 P4 ! 1 F� p CJ pV. O i H H HT4 rr c1 11 E+ Page 243 of 633 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,,000 Date: A �Q Requesting a Utilities ( PN- 'Explanation See affached explanation. Historicalreferences: AMI approval s -R17-1 17 - 1, tower iease executedroh 5, 2018. Structural Analysise 1 iit t i i Source t p r Purchase (check and attach backup materials): Three Written Quotations GSA State onrct PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budete Item Emergency Purchase Other Contract Number: NOTE. Pricing proposal For purchase must be presented In the same detail contained within the contract. Fund Source fbr Purchase: 403-5000-533-65-02 WTR138 Department Head Date i t Asst City r Date City Fcrrn Revised 02101/02 Page 244 of 633 This request for purchase order is for project management and construction services, beginning with engineering plans, permitting and construction of the 3rd antenna for AMI (automated meter infrastructure system). Utilities embarked on the transition to AMI in May 2012 and substantial completion was achieved in Summer 2014. A 5 year agreement was approved in November 2017 to continue with Sensus AIVIL In November 2017 Crown Castle USA (Tower company) was selected as the best option for 3rd antenna to optimize current readings in the western service area and prepare for growth in the NW service area. The need for a 31d antenna was identified approximately at the substantial completion and verified with a revised propagation study that confirmed weaknesses that the City was experiencing in the western part of the service area. The 3rd unit was provided according to the initial contract and has been on site waiting for the appropriate tower siting and progress with the Tower Agreement and Structure analysis. Staff have been working with Crown Castle and recommended vendors for construction to obtain quotes, documentation etc. This is a full time job, and it is proposed that the 3rd antenna installation be completed with a 3rd party that will complete the plans, coordinate it through 1PBC permitting and perform the necessary construction to accomplish this by year end. J Page 245 of 633 H.T.E. REQUEST 14-OR REQUISMON " ]LTZ.REQUISITION Clark: Procurement2). Director: L tt' c. dor REASON FOR PURCHASE: Construction and project man ger ent to accomplish installation of 3rd antenna for AMI systems 1DIVISION: OTHER INFORMATION: Name: rein. ate: 4-24¢1 Address: 7200 Falls o ease Roadn ineerin ) ate Needed: 7-31-1 Confirm. Suite 100 Cost. el. ASAP/Conf. Raleigh, 27615 Distribution BACKUP DOCS. Phone(contact), 214 037 Water al, ) note l erbal ) Admin. 4 over$500 Joey Mitchell pin ( ) cotes ri en 41 } over 00 Vendor umber : Treat. } i Does. ) W.WTP4 ( ) Meter Serv. ) Sole Source Ltr. J Plu ) INITIATOR: Sewage Insurance EWT111 instructions: Conboy Re wire ents: trrn r. ) Project r: 38 pan. Unit Price Description&Part Number Fund Dept aslo Elernb" ount 1 26,600 M400 Network Setup and M400 antenna 26500 installation on commercial tower 7500 Electrical and any other time and material 7500 needs 50 96.00 Contingent work®if needs 0 $38,800. Page 246 of 633 The City of Boynton Beach U1F °es D ent .124&Woo Road Boyntan Beach,Fk#Mu 33435 Phone(561)742 F".(56I 742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: VENDOR #1: UMS 4-23-1 CONTACT PERSON: Joey Mitchell PHONE NUMBER: 214-490-0937 Comprehensive—project mgmt. and construction $38,800(not to 40,000) VENDOR#2: SL Serco DATE: 3-19-1 CONTACT PERSON: Wesley Gamble, PHONE ® 931-307-3450 Does not include the actual construction—only project manag t $6,000/mo. estimated$36,000 opt VENDOR#3: AWSolutions 3-16-18 CONTACT PERSON: Roberto Rasalez 407-260-0231 ext. 106 QUOTE: Doesn't not include of t.,permit tracking coordination$25,496.64 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO Page 247 of 633 PURCHASING DEPT. —---------- VENDOR#4: sensus DATE: 3-16-18 CONTACT PERSON: Brock Hm-rin PHONE NLTM13ER: 561-254-1044 QUOTE: $195/hour—coordination only weekly conference calls VENDOR #5: B&T Group DATE: CONTACT PERSON: Kenton Wallace PHONE NUMBER: 678-763-3247 QUOTE: No quote—recommended by Crown Castle VENDOR #4: Kfinley Hom DATE: CONTACT PERSON: Carrie Reinhart PHONENUMBER: 813-635-5528 QUOTE: No quote—recommended by Crown Castle Page 248 of 633 I RESOLUTION NO. R17-110 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING A FIVE YEAR AGREEMENT BETWEEN 5 THE CITY OF BOYNTON BEACH AND SENSUS USA, INC., FOR 6 ADVANCED METERING INFRASTRUCTURE (AMI) TO 7 MAINTAIN THE STANDARDIZED METER READING 8 EQUIPMENT; AUTHORIZING THE CITY MANAGER TO SIGN 9 THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on May 1, 2012 the City Commission approved a negotiated 12 agreement that provided for transition to AMI and operation through May 2017; and 13 WHEREAS, the Utilities Department is requesting approval to execute a renewal 14 term for an additional five (5) years for Advanced Metering Infiastructure with Sensus 15 USA, Inc.,; and 16 WHEREAS, upon recommendation of staff; the City Commission has determined 17 that it is in the best interest of the residents and citizens of the City of Boynton Beach to 18 approve the five year Agreement with Sensus USA, Inc., to maintain the standardized 19 meter reading equipment. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH9 FLORIDA,THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 approves the five year Agreement between the City of Boynton Beach and Sensus USA, Inc., 26 to maintain the standardized meter reading equipment, a copy of the Agreement is attached 27 hereto as Exhibit"A". 28 Section 3. The City Manager is authorized to execute the five year Agreement C:%Users%StwmioneT%AppDaft%LocarMerasoft%Wndows%Temporary Intemet FilesiCosten t.IE5%VAGZE6POISonsue�_USkAgmement_lbt�-AMI_MI7)---F.eso.doc Page 249 of 63 29 with Sensus USA,Inc.,on behalf of the City 30 Section 4. That ibis Resolution shall become 6ffective 31 PASSED AND ADOPTED this day of November,2017. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor—Steven B. Grant 38 39 Vice r—Justin Commissioner40 41 Commissioner—Mack McCray 42 43 ® ti a Romelus 44 45 Commissioner ll � . 46 7 VOTE 48 49 50 ATTEST: 1 52 53 JujA. Pyle,CMC 55 1 56 67 58 59 (Corporate Seal) A soA i i i 1 InWW Page 250 of 63 1r) I k MEN= aswo NNE= ON= mom mom= sensus Amended and Restated Advanced Metering Infrastructure (AMI) Agreement between City of Boynton Beach ("Qu—stomer") and Sensus USA Inc (dc ensuslv .) WHEREAS, Customer and Sensus previously entered Into an Advance Metering Infrastructure (AMI) Bass Terms Agreement dated May 21,2012(the"Previous Agreemenr),and WHEREAS,the Previous Agreement ended on May 21,2017;and WHEREAS, the parties wish to ratify the continuation of the Previous Agreement through the Effective Date of this Agreement;and ®the parties wish to amend and restate the Previous Agreement by entering into this Amended and Restated AMI Agreement (the "Agreementl, and the terms and conditions of this Agreement shall control the relationship between the ® IN WITNESS WHEREOF,the parries have caused this Agreement to be executed by their duly authorized representatives as of the day and year written below.The date of the last party to sign Is the"EffRove Qft." This Agreement shall commence on the Effective Date which is the date of the last signature below and continue for five(5) Years C10MOLIM'). At the end of the Initial Term, this Agreement shall aulornadcally renew for an additional term d 5 years('R20M0IT °). The"11W shall refer to both the Initial Te rrn and the Renewal Term. Sensus jUSA Inc. Customer: C! of B to 8 ch By: BY. Name: it lu G e fe-- Name: LOri LaV6kr20-re Title: Title: City Manager ULh4g-JL, Date: November 17, 2017 Pricing remains firm until 430=18(7 Corduft of this Agmana AMI Agreement All purchase orders shall be sent to the address provided Exhibit A Software by Sensus. Sensus may change this address upon Exhibit 8 Technical Support notice to Customer, Exhlbll C Pricing Exhibit D Statement of Woyk Exhibit E Product Warranties Exhibit F Propsgathm Analysis Exhibit G throtrah I are Inionfionally omitted Customer order admowledgements shall be sent to: Vnsert small address or fox number) Sensus shall send all invoices to:linsert mailing address, S9 --jj !1V GqJ'C email address,fax number,as applicable] 93 3313-40 S ZO 0 A ,1401,111A 0 a jo A j 13 Aff WN W. Page I of 21 CITY ArfoxNOPage 251 of 633 ONEIN as= MINIMI sOnsus MIAOVMWM 1. ,° M . AlC 1 a henbuEOME T aft oWftb=dftGmW WOK NO f MOW� sftrMw=*b,a For & $ ®$ AM TM SON."tMED.11MMANIYARE TIM 38M MOX WNMY=AM MV AND ML OM RWMWATM%WM"M MM COMMA MMOM 1. FbMftvkw a a I. m POW, r bml9ftflFFWE**=l For ftp)MwtMbEdMc ® a 6 �m C. F. T m e T a A T fwwhm t a} Page 252 of 633 From: Joey Mitchell <joey.mitchell@umswater.com> Sent: Wednesday,April A 2018 9:26 PM To: Bryant,Waneya Cc- Kristina Woodruff; Casimir, Charles Subject: Re. US Follow Up: Tower Installation Attachments: UMS Network Services v2 (m400 setup).pdf Follow Up Flag: Follow up Flag Status: Flagged Waneva, I hope you are doing great! My tower crew has reviewed the site on google maps and requirements I have sent them. I have now provided a solid rote for the installation of the m400Ahe only thing that it does not include is the electrical connections,trenching, etc. If you choose to go with U I will send a man out to survey the site and work with the tower owner to develop the requirements and provide you and time and materials quote separately.We can begin this work with in two (2)weeks of receiving a P . As requested I have provided you a contingency budget on this quote that we would utilize to for the above expenses and also any miscellaneous expenses such as permits etc. We would only charge actual expenses incurred. Let me know if you have any questions/next.steps. Thanks, Joey JOEY MITCHELL Vice President I UMS,A Division of XtraLight 7200 Falls of Neuse Road, Ste. 100, Raleigh, NC 27615 (e) ioey.mitchell@urnswater-com (c)214-490-0937 www.umswater.com From: Waneya Bryant <Bryant W@bbfl.us> Date: Friday,April 13, 2018 at 8:20 AM To:Joey Mitchell <joey.mitchell@umswater.com>, Charles Casimir<casimirc@bbfl.us> Cc: Kristina Woodruff<kristin a.wood ruff@ u mswate r.com> Subject: RE: UMS Follow Up: Tower Installation Good morning! My apologies for the late response, it has been busy this week. Thank you for your continued attention to our project. I wanted to provide the info you requested because we do want a good installation quote. t Page 253 of 633 Please see the answers in red below: Waneya Bryant Supervisor of Meter Services Boynton each Utilities City of Boynton each 124 oolbright Rd. I Boynton Beach, Florida 33435 561-742-6427 BryantW@bbfl.us I f,W,4 http://www.boynton-beach.org/ America's Gateway to the Gulfstrearn 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. From:Joey Mitchell [mailto.joey.mitchell@umswater.com] Sent:Tuesday,April 10,201811:14 AM To: Bryant,Waneya<BryantW@bbfl.us>; Casimir, Charles<casimirc@bbfl.us> Cc: Kristina Woodruff<kristina.wood ruff@ u mswater.com> Subject: Re: UMS Follow Up:Tower Installation Waneya, I hope this note tinds you well. 1 know you were on vacation last week when I emailed this out, so I wanted to reach back out to see if you had an opportunity to review yet. Also I have my tower installation group asking me a few questions on this project so I could provide you a better budget number on the installation budget I provided. Some of those questions are: 1. What is the address to the tower- so they can look at it on google earth 11051 S Military Tr, BB FL 33436; Crown Castle Tower Site W12, BU 842787 2. Do you require antenna mounting brackets, coax cable etc? Yes, we will need the coax cable, mounting bracket, etc. We will also need an "H" frame at ground level to mount the M400 unit. 3. Do you need them to run power to the m400 or is that already at the mounting site. Yes, power will need to be run over to the M400 unit. Anyway, let me know what you think of our proposal and if you can answer the questions above I can get you a better budget number on the installation. Thanks, Joey Joey Mitchell Vice President 2 Page 254 of 633 f 214-490-0937 Get Outlook o iOS From:Joey Mitchell Sent: Friday,April 6, 2018 9:31:15 AM : Bryant,Waneya; Casimir,Charles Cc: Kristina Woodruff Subject: e: U S Follow Up:Tower Installation Good Morning Waneya, Attached you will find the quote for the coordination of the m400 installation and included a budget for the installation you requested. I have also attached a standard statement of our qualifications for your reference. A final price could be provided for the actual installation once a tower site visit is conducted. I am coping Kristina, my coordinator on this note who can provide you any additional documentation if you choose to move forward with UMS on the project. Don't hesitate to reach out with any questions. Thanks, Joey JOEY MITCHELL Vice President I U S,A Division of XtraLight 7200 Falls of Neuse Road,Ste. 100, Raleigh, NC 27615 (e) ioe .mitchell urns ater.corr► (c)214-490-0937 www.umswater.com From: ane ryan rya t f.us> Monday, ri l 2, 2018 at4:23 PM Joey Mitchell <' i ell u s aer.co , Charles Casimir<cai irc l._s> Subject: RE. UMS FII :Towerlslli Hi Joey! Thanks for getting back to us as promised. It looks like you captured most of what we discussed. The only thing missing was electric hookup coordination. I did not see mention of the "H"frame but that may fall under the etc.And yes, please include budget pricing for the actual antenna installation. Below is a site map and pictures are attached: Page 255 of 633 5M SQ FT t 41 ZNGI a, IT GEN PM PAD IN A PM FIAD t � A-4; -ft—JREN , PADIAW .1 N JL Lffluw FWNE =-:12=-Z:2-4=--Z Pm r- - -Iswm PCsOLEMWE AM ! 1 r L TAM 1 A ' -- I gyp)~ L— 6°- , sem PAD 99 TWER FFICE 9 '«- ' _-e ARM 0 ----------------------- ana Bryant Supervisor of Meter Services Boynton Beach Utilities City of Boynton Beach 124 E.WoolbrightBoynton Beach, Florida33435 561-742-6427 Page 256 of 633 BryantW@bbfl.us http://www.boynton-beach.org/ 13 IN 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. Frorn:Joey Mitchell [m lito-Loe mitchell@umswater.corn] Sent: Monday,April 02,2018 2:42 PM To: Bryant,Waneya<Bwant W@bbfI.us>; Casimir, Charles<casimirc@bbfl.us> Subject: UMS Follow Up:Tower Installation Importance: High Waneya and Charles, It was a pleasure to meet you last week to discuss your needs to have a new m400 installed and the potential support you may need to transition from Logic to Sensus Analytics. As a follow up to our conversation I wanted to send you a high level scope of work based on our conversation last week. Could you please review to make sure I captured all your needs properly? I also wanted to see if you wanted me to provide budget pricing for the actual antenna installation? Typically,the installation price is provided after the site survey, but if you have a few pictures that you could send me of the tower location,that could help expedite this. Let me know if you have any questions, Thanks, Joey JOEY MITCHELL Vice President I UMS,A Division of XtraLight 7200 Falls of Neuse Road, Ste. 100, Raleigh, NC 27615 (e) joey, iLitchell@_umswater-com (c)214-490-0937 www.umswater.com 5 Page 257 of 633 w Antenna Installation and Design map '00 AW,, ,;o,lu[long r Roberto Rosalez Sollutions,I c 300 Crown Oak Cordre Drive 124 E.Woollaright . Longwood. FL 32750 Boynton Beach FL 33436 robado.ronkz@amolutionsinc.com 407-26"231 Ed 9 DO __. 01 86 tstI Each $1585.73 $1,585.73 ICs 3t 747, 2 ,747. EbdrW#Underpotind We $9,390.80 $6,390.80 Sweep 7 $1 $1,29520 Sme Visit $600.00 MOM Construction Dmwkvs she $2,140.00 62,140.00 PmftsmkmW Engkww Mgrs A,Seal 1 She $321.00 $321.00 777777 7P9 Coax 160 Ft $x.29 6W.80 HarWm,Holsfing,Gmundingand Conneclors1 91.20 91 Mount(5ftePm USF-2U Log Adpter( I 1 EB $750.00 59'OL' Hordwore 1 $150.00 $1 Total Bid2 Page 258 of 633 Antenna Installation and Design A,e t ni Roberto Rosalez Solutions,Inc. CRY Of Boynton Beach 300 Crown Oak Centre Drive 124 E.Woolbright Rd. Longwood, FL 32760 Boynton Beach, FL 33435 raborto.rosakrz@amoluUonsinc.com 407-260-0231 Ext 106 ME Assume 65`of UG conduitelectric Assume all can be completed in am Mob no client delays and al client matedids provided to the site No main conunhisioning or cordigundlon or coverage Whim included AN regulatory and zoning will be handled by others. Services not included or quoted tiers: land sundw and 1A Leftr,elevation corfilkation. saver structural analysis,lower modifications,drainage la` s.FCC FIng,FAA Firing,Public Notice,Phase 1 ESA,NEPA rt, including U.S.F' ),Archaeology A SHPOReview,Environmental Assessment Tribal Consultation,and Tire Search. Page 259 of 633 sS k s4+.,l F{,s� l�itUa{t {��i t{�71y 4 7�It rl SL Serco Statement of Work Boynton Beach, FL - Crown Castle TGB Installation Project Management 3/19/2018 Presented Wesley i Mobile: - wesley.gamble@sl-serco.com www.SL-serco.com 12817 Anthony Lane South#104,St.Anthony, IVIN 55418 1 Dire 612-782-9716 Tall Free 800-388-7173 1 Fax 612-782-9782 Page 260 of 633 St-serco Executive Summary Thank you for requesting our services. Clear procedures, shared timelines, and strong communication are highly valued by SL-serco, and essential to ensuring a successful project.This Statement of Work will define the project's scope and each party's responsibilities as they pertain to the services being provided. Client Name Boynton Beach Client Contact Waneya Bryant Project Name Crown Castle TG B Installation Project Management Engagement Duration 7 Months Begin Date 3/1.9/2018 End Date Work Requirements SL-serco will dedicate resources for the proposed project upon mutual agreement of terms defined within this Statement of Work. SL-serco Responsibilities • Identify installer—get quotes to include H Frame and all site construction needs • Obtain construction permits • Coordinate wind loading study • Coordinate electric service • Oversee installation • Obtain backhaul • Commission TGB and Backhaul Boynton Beach Responsibilities • Communicate a method to place and monitor status of orders • Provide assistance on any items requiring Utility interaction • Communicate an escalation path for issues • Tracking and payment of invoices within 30-day terms • Provide feedback as needed throughout the project as well as at the end 3/19/2018 SOW for Boynton each Crown Castle TGB Installation Project Management 11 P a g e Page 261 of 633 S11 L St-serco Schedule of Rates SIL-serco will bill Boynton each at the end of each month. It Description Rate Project Management- Monthly $6,000.00 Trips Cost+ 10% Change Management Process In providing this Statement of Work, responsibilities have been assumed in regard to the scope and requirements of our proposed services; the above pricing is predicated on those assumptions. We do our best to anticipate all potential project requirements. Should any additions or changes be requested that are beyond the Scope and Requirements outlined above, they must be submitted in writing to Wesley Gamble and a new Statement of Work must be drafted and approved by all parties. Terms and Conditions The services outlined above will be provided on a contractual basis for the stated price,following mutual agreement and signing of this Statement of Work. SL-serco will require payment of invoices within 30-day terms.Any services required beyond the scope of this Statement of Work must be negotiated through the Change Management Process. 3/19/2018 SOW for Boynton Beach , Crown Castle TGB Installation Project Management 2 1 P a g e Page 262 of 633 iff., SL-Serco A&D Acceptance and Authorization SL-serco is honored to provide you this project quote.Terms and prices are valid for 30 days from this Statement's date of issue. Your signature below will signifv your acceptance of these terms and prices, and serve to authorize our engagement on this project. IN WITNESS WHEREOF, the parties hereto each acting with proper authority have executed this Statement of Work. Laurie Alen Full Name Full Piame 0 ............. .......................... C�-` Tftle Title Signature Signature 3/19/2018 Date 3/19/2018 Sow for Boynton Beach-Crown Castle TGB installation Project Management 3 J P a g e Page 263 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON EACH BOULEVARD P.O. BOX 310 P.O. #: 180984 BOYNTON EACH, FLORIDA 33425-0310 DATE: 05/10/18 VENDOR 16960 SHIP TO: TO: A-1 AIR SOLUTIONS, LLC City of Boynton Beach 849 SW 20TH AVENUE PUBLIC WORKS DEPARTMENT OKEECHOBEE, FL 34974 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISR04 O. 71195 ORDERING DEPARTMENT: FACILITIES/ 'L DATE NEEDED: BID NO: COMMISSION APPROVED- EXTENDED ® QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST COST 1 1400. 00 DL INSTALLATION LA13OR 1. 0000 1400. 00 Replace the existing 1.5 ton unit with Bard unit: - -.-. - -- We willEsd wall. mounted a to inc .0 e,� QZ:-an miter- to -:und-t,70n. t0a. prof," "S loatici.. This will Como i- a. XZL Zli-atof t neget We wi. the St,,, dx in q hdrm - t already .,diad onneat and -...t .66.6 n. vlaoe :7 2 785 , 00 Dl,:: MATERIAL,:: 0-0.0.0 785.00 ipment. . . �pxiq 1 ng equ. Re' mbve�:-,.,.,the inc X zpmeht mand rated ma -- 2 removi�!i;,;e-c ipmen t from tie high rovide 11 ::install I D WI a 'T" PAR d unity 0' A s n d IC-'I. 5to' u .` 0/2,30 d 4- .r. . all mounting `liar w 11-1-6-t"'All -aiE T-a% mat ?m.ai ah, re c rr-e- r t , to CI will reconnect to r and a S power service., 5 . Provide start-tip and orrational function check o equipment. L P PROCUREMENT SERVIC .O. TOTAL, ACCOUNT NO. PROJECT 303-4116-580.64-18 G01872 PURCHASING Page 264 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACHBOULEVARD BOYNTON BEACH, FLO 3IDA 10 33425-0310 DATE: 05/10/18 VENDOR 16960 I O: O: -1 AIR SOLUTIONS, LLC City of Boynton Beach 849 SW 20TH AVENUE PUBLIC WORKS DEPARTMENT OKEECHOBEE, FL 34974 222 N.E. SITH AVENUE BOYNTON BEACH, FL 33435 9 REOUSITION NO. 71.1.9.6 ORDERING DEPARTMENT: FACILITIES,/ L DATE NEEOEM BID NO: COMMSSIO I�1 ROVEM EXTENDED I E## QUANTITY UOM I O. DESCRIPTION IT COST COST 3 3285.00 DL UIP 1.0000 3285.00 180. 00 D DISPOSAL 1. 0000 180. 00 R�sn�xair� . 4,9PLA�E PUBLIC w KS BU—Z HVAC. PRL]P .AL X22458 F� �I ENTSERVICES: -a-- - ACCOUNT �� O 1^CI �; 5650600 65060 — — _4_4_4_4_4_4_4., .,. ,,,,,,,,,,,,,,,,,,,,,,,,,,, — m ____ ------------------ I ACCO T PROJECT 303-4116-580.64-18 GG872 Page 265 of 633 00 m r-i vi I I- cq M dl N C) 0 0 0 C3 00 In m CD 0 0 w w w Ln In I E-v I I RC1 C� C! C! 14 W Li u CL H 1 1 a. Ln 0 H ca M N m no : 0 H 124 C) -1 H H N CD 0 m m m m 0A m C) p p 8 C) 0 0 P4 Mp V u L) Um m x : �0 Fq z �m w1 Im em r-1 r.-r-q r.--1 r-r1 z Ga FD �q A AWA m M 1 1 0 r-i;j r-I;j ri11:3 6W011ABPASRON H I'm W. E-1 FH I I H u H N 3: U) 0 E-4 H 0 N LO, IRA w mp I 1 z z C4 In Q H P4 p FA W Do EA 0 U)Z ca U 0 Do rD1 E-1 P4 C12 04 u) I I K W W W W H PO P4 P.1 H HH H 40 CR m w DQ Cd pq Cd F4 Ix pi E-i E-4 E-4 E4 H H H H MAQ Dag Z 9 z R Oza 9 z 1-3 ril HC)HUHCJHU Cf] m m m w w % 1 I uMr)wulxUv4 pq 0 gH 4gHgHgH H H u H 1 1 U P4 m 0 H 0 tD w w w pH H 041 1 0" v F4 0 H , I Um In m m H �4 1 1 UO 0 CD CD H 0 ro p CLI H m N MZH N m v 0) HMI 1 H Page 266 of 633 CITY OF BOYNTON BEACH PAQUEBT FOR PURCH"N OVER $109,000 Date.- 5/1/2018 Requesting Department: ,. Purchase:Explanation The To purchew a BU-1 WAC Replacement Unit for Public t r � - Dollar Amount of Purchase Three WrMen Quotstbrw ED GSA state contract PRIDE SNAPS RESPECT Piggy,Rack sole Source r Contract Number. Fund Source for Purchase: The urA Fc t r ing account#303-411"80-64-18 project#GG 1870. ® a ` ZD ft Department Head Date rchiaslng Agent Date Aset City Manager Date Page 267 of 633 co CD UZ H U W Q6 Ej z 9 H �4 0 RE-1 Q I I F-40M z 4 NUN PLi wz OU0 H 1 IU)NU 14 un M wl X-low IZI,Q Uy I E-1 O%DrnM ZtDcAr- E-i > In 1 0 C) C) 0 . C 1 ; co 00 co Ln I I rlj H ko 1 rdm Ln H t E-4 P E-4 0 C) 0 a CD C)CD Ln 0 H M 0 0 0 C)0 0� z Lh to 0 1 0 a 0 0 000 0 W U 1 0 0 a CDCO W 0 t, 94 H p HC;9 H C3 I H LO CIA CII I p HI H H Ln Ln W : ,4 1 0 LD H �D Q r4 1 10 U M Q a, m , : N z w ra cx M F3 C) P4 ; 1 z 2 H W N C', 0 0 0 P P40 H 1 0 I H H ul MM 0 OX P . w 94 0 co 00 co EA H U Fi, I v r- N U 0 E-4 H ai pq 1z P4 A i }4 a) pq WI a) .. .. Ee I 1;v H r-q P4 91 I 0 U3 z ED 1 .,A.,4 -i -j 0 UJI A 0 w (d k r-I r-I 0 4() I U U Hun 0 1 O 3 vd 5 1 U .0 � CD �q rl i A v UOw Cl) - 07 (d 41 a)0 P4 En ix ul P-� 0(d z r-I a) 10 or. go m-FA 14 cog -r-I W (d u 04J w —4011 4-j 1 W 434 U 43 r-i 9-ri a r-i 4jr-f P ri I 10 m 1 .0-4,4 L) 4 0 H(d -H a)0 1 il) 'r-I 0 k4 a r. g 41 rd ;j I � J 4J 9 041 H -4qd 0 1 41 M CD 044 1 r.1 Vow Uq Dr4 010 NH 0 PH P4 �t X11 OM-H H0 4J-4 4 O—i-rjU ri W PI M P4 0 VA-HH mm 43 Ed M 0> dE-4 (a MH ca H 41 5—wcl AJ 90)>M M r-I 11tr .14 fd4J'A rdgc L)00 "000) (do WB P48 r04 3:(L)tnrdHFI 0 k 0 M W 14 4.) -,4 H M H RA 0 0-4 m r: 0 0 0 tv gd -ri W V 9 4 w rd d)0 Qi-H WW S.Os gr��4 4 0 r-4 0 a 042 N X0 5 Zmr-qmf' 00 0 0 0€4 W w 0 04JOO�40WO m S4 -H kw W H W H 6.p C�P P-D ca 4j�o F--r-I U-,1 0 z 44 m M54�-,4JR 0 0 OW 3 w 1 }4 a O73 41 ca 10 a)(t)r. ca n 's p D'H m 1 U5WOVr4,4 WZ 000 r-44J 0 O'd E� H w MO r-4POW00 mo is tnL)(d H H z 1 H (dH.IqOOmWH Ol 5r-l-A V 8-1 0 Z z rn E4 2: H�t -I 0 E-4 r.041 Ht"(d H H H U t3ld)'r4 Ed WI) P4 (d 0 ' m H r.0 0 4-J 4J4 04 P4 'j W,-,1 4 M-ri 41-ri a)A w r. - 41;I H H 1 043,4000 MAW� -li 0) 4J 008H m-1 0 m 1 0,04 0,pi H 0 W r-l-riZ4404JUE4 X d) -H 41 rn Ed-rq-rq 0 H W H W rq A. Do I �.rq a) 0 M ul a)' in Q W$4 0 H H 4 rm X-dr-I},m OIOHZ r-4 as —i -r-I M 74w 0 Of adH R a)0 r r-I rq r-I H 41 •m, 14 Z" 1 Z 8(d 11.0(d is rd .0 0 Id cd 10 r-i 0 m m 0 OUP4 11416 Li 0 M43 0 H H HO$4 0 rl JJ OW�H O0 W-�a)to w Q)>in >4 E443MOO I OUE�O 43 �4 "04'd Ou®U F4E40 PO O E, O-ri 0 WH Q)HE r-i 0-1 0-1 H 13w V-1-1 M 0 rl 0R rd r-i 0',,U>cd m a)::,.%I m HI �Hn P 0 H 1 Uri U—1020 H 19 Mr-l—1 0 W 0.,i w H 0 00 XRO C000 U 4 H m O-Hawjj4wo 0 WWO-HmSiw P U P4 U V�4vO:gu 0 U I CO M E-4 H�V 44 Cd U k U:E HRQ W QX(d 04 0 N OJ 44 0134 a)6 H Xal 1 0 04 OUV M02 M U 0 43 0 U AO COO 1 z 0 0 0 W 0 9 Q)-,iUEQ 9 -H •O r4 0 -fd$4 WL�44UM MUCO H U H IX aC 4 Z , �rONr-1 EV504W 0 M Q PI r H pq I m W Z P4 I H z ul HR1 H Page 268 of 633 REQUEST FOR OFFICE ASSISTANCE FROM: 4dd[�1 &Z .3= Date: 1912,04Y *PRIORITY/DATE NEEDED BY: ve't Copy Work ® Number of Copies: ®s /Collated Stapled Distribution: Type from the attached/transcription tape/email (to be forwarded upon request) Request for 121/Direct Pay Req. for the attached - Vendor or Person to be reimbursed: Account Number: -----._--_Project No.: Request for Requisition- Vendor: A/rz Account Number: 303.. - r Project No.: GG1872 qt16 5F-067 IF List Items w/Quantities Unit is on the back of this request. Verbal Quotes ($500 to S1,999):Vendor: Cost: Vendor: Vendor: Cost: Written Quotes($2,000 to $9,999.99)—Attached. Written Quotes ($10,000 to$24,999)w/Purchases over$10,000 Form—Attached. Bid/City(Over$25,000): Bid# Bid/Other Entity(Over$25,000): Bid#, Bid Eff. Dates, Bid Quotes—Attached ❑File As: OTHER: Special Instructions: CIP Project Public Works BU-1 - HVAC ReDlacement 5o Request completed by: Date completed: Please sign and return this form to the Office Staffs Inbox,feel free to make any comments below. Page 269 of 633 E . l w I� I 849 SW X6 Ave. Okeechobee FL 34974 TeL:888 688 u 868 623-6208 Licensed&Insured November28, 2017 --------------------............................................."I'l"I'll""I......""I'll""I'll",lI........................... ................................................................v............................00022458 City ton Beach FacilitiesPublic works 100 E Boynton0 0 3 10 222 NE 9th Ave Boynton Be ,F1 33425 ton c 5 Phone: 561-742-632 561-742-6316l Mootz Replace a existing .5 ton unit with a Bard unit. We willprovide(1)new Bard wall mounted A/C unit to include 1 labor and material to professionallyinstall unit on the existing wall location, This unitwill come with aux-heate original equipment. We will be reusingexisting o °ng electrical disconnects in place. LABOR AND MATERIAL FOR THE FOLLOWING WORK: 1. Remove the existingi o include proper disposalold equipment and related material. 2. Will remove equipment from outside _ 1 location. 3. Provide and install(1)BARD W1 - (1. ton unit, 208/230 volt )to include t strip cl es outdoor condensercoil 4. Provide n , installation material and scaling required professionally install unit. TC1 will reconnect to existing controf service. 5. Provide start-up operational c °o check of equipment. Page 270 of 633 Warranty: Manufacturer's warranty-, 5 years on compressor and parts. A-I Air Solutions Warranty: 90 day or. Exclusions: Any other work or services not listed in the above proposal will be added to total. Permit: City Permits as required will be considered a passthrough expense and are not included within this proposal. All fees will be charged to the it of Boynton Beach accordingly and added to the total proposal amount listed below. INSTALLATION LABOR.............................$ 1,400.00 MATERL4,L............................... .................... $ 785.00 EQUIPMENT..................................................$ 3,285.00 DISPOSAL-----------------------------------------$180.00 TOTAL.............................$5,650.00 to of Acceptance Signature .........................-——-------------------- ......... ........................................ Printed Name Page 271 of 633 FRAz „ HVAC PROPOSAL1 nth nus ort HVAC `I�Y7, Worth, Florida 3 1 1) -3 .� ( 1 -3 fax HVAC: CAC049256 service@stokes.com h*ry�P ,ATE 10/18/2017 SUBMITTED TO O DESCRIPTION City o Boynton Beach l c 1.5 Torr Bard Unit DRESS PUB L A'OON 222 NE 9th Ave Public Works PHONE EMAIL Gall Mootz 561-742-6223ootzgbbfl.us ars dubre this pro or t ta owing wo as ots ne e ow-. - Remove and dispose of 1 unit Model W1 8A with no heat Provide n install 1) Bard UnitModel W1 BA withno heat 75sconnect andreconnect to existing ductwork, drain line andelectrical Provide ac o hoist remove eitina unit and install new unit Perform t Confirm proper operation n return to service Permit n inspection included R o uric h hours o - n - Friday nd to 1 c ric 1, uc r n rain lin ,existing conditions, lightrtinn nret cti r�, roof r irg intro n tcin diffusers -�:W�eheroDropose to furnish material and labor in complete accordance vAth above de cri crt fir gumf: oll r g7 7. 00 Payment to a made as follows: !% upon approval t in r upon completion All m rl is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standerd practices.Any alteration or deviation from tire ebove descdpdon involving oidna costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,hurricane and other necessary insurance.Our workers are covered by Workman's Compensation insurance. Authorized Signature: NOTE: Thisrc�_ _pqsa1gye tttd if rt t acc ted thin . Acceptance of proposal--'rhe above prices,description and conditions are salisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will ichael Carnilli AC Manager be made as outlined above. I a to Print Narnetritle: Date ofAcceptance: FF 13 0 IE NG sfiskee b BILLED Page 272 of 633 ,*THERMAL 11 V4 C It r F r i sr ri,a w i v r - 11 n c�w4t 7 CA0039621 CSC046951 CC 07936 Stuart Office Main Office Miami Office 2497 SE Dixie Highway 2201 College Avenue 4"Brickell Avenue Stuart,Florida 34997 Davie,Florida 33317 Miami,Florida 33131 0: 772.220.2365 C., 954.472.4465 0: 305.940.0381 F: 772.220.2273 F., 954.370.6410 F: 786.391.3689 DATE: October 10, 2017 CLIENT. PROPOSAL: 00022458 City Of Boynton Beach Facilities Public Works 100 E Boynton Beach Boulevard PO Box 31 222 NE 9th Ave Boynton Beach,F133425 Boynton each, Fl 33435 Phone: 561-742-6323 Fax: 561-742-6316 CONTACT: Gail Mootz We propose hereby to furnish material and labor,complete in accordance with specifications below for the sum of Six Thousand One Hundred Twenty-Eight And 00/100 Dollars. RE: 1.5 TON WALL MOUNTED AIR CONDITIONING UNIT We are pleased tooffer a proposal to replace the existing 1.5 ton unit with a Bard unit. We will provide(1)new Bard wall mounted A/C unit to include all labor and material to professionally install unit on the existing wall location, This unit will come with aux-heat matching that of the original equipment. We will be reusing the existing working electrical disconnect and thermostat already in place. We appreciate to opportunity to be of service and please contact us with any questions or concerns about this proposal. 1. Provide labor to remove the existing equipment to include proper disposal of of equipment and related material. 2.Will remove equipment from outside high wall location. 3. Provide and install (1) BARD W I 8A2-AOO wall mounted A/C (L 5ton unit,208/23 0 volt I PH)to include heat strip kit. Unit includes outdoor condenser coil coating. 4. Provide all mounting hardware,installation material and sealing material required to professionally install new unit. TC1 will reconnect to existing controls and power service. 5. Provide start-up and operational function check of equipment. 6. Manufacturer's warranty: 5 years compressor and 5 year parts 7. Thermal Concepts Inc. warranty: 90 day labor to include up to I year craftsmanship warranty. 8. Equipment shipping time for factory is 5 to 7 weeks. This unit is considered a special order unit. 9. City Permits as required will be considered a pass through expense and are not included within this proposal. All fees will be charged as required to the City of Boynton each and added to the total proposal amount listed below. Labor-----------------------------$1,440.00 EQUIPMENT-------------------VJ23.00 THERMAL STANDARD TERMS,CONDITIONS AND EXCLUSIONS ARE PART OF THIS PROPOSAL. Customer Initial ..........— .............................................................................. Page 273 of 633 Thermal Concepts, Inc.Proposal Page 2 of 3 h4ATERLAL-------------------$785.00 DEPOSAL---------------------$180-00 TOTAL-------------------------$6,128.00 AMENDMENTS & SPECIAL PROVISIONS Special Provisions Exclusions: 1. Parnits, fees, engineering,code or mechanical upgrades. 2.NOTE: Permits or fees if required will be cited as a"pass thm" 3. Any other work or services not listed in the above proposal. TOTAL BUD: (Six Thousand One Hundred Twenty-Eight And 00/100 Dollars) $6,128.00 ------------- .................................. Accelitanceofftlll sal This Dr sal mi0ybc with if not acEepted bLHove mber 30,2017. The above prices,specifications and conditions are satisfactory and are hereby 51W KDA" accepted. You are authorized to do the work as specified. Payment will be made as Account Manager stated above. Date of Acceptance Signature Printed Name UNLESS SpECIFIC4LL Y INDICA TED ELSE WHERE, THIS PROPOSAL IS SUBJECT TO THE FOLL 0 W1NG TERMS&CONDITIONS: I.Terms of payment are Net 30 days. Late charges may be assessed at 1.5%per mouth on past due balances. Applicable taxes are not included. Should payments be received after 60 dun then Thermal may step all work under this Proposal and/or cancel the Proposal,and the entire price shall become due and payable. 2.Thermal is not responsible for less or damage caused by unavailability of equipment,components or material for whatever reason%including forces of nature,inaccessibility to premises,negligence by Customer orothers,inadequate system design,vandalism orother causes beyond The 's control. 3. Both parties shall seek to avoid litigation.However,in the event that any legal actions are required to be taken by either party relating to this Proposal,It is agreed that such legal actions shall be commenced within one year,or ear'ex as way be provided by law,from the to In which the cause Of action occurred and that the successful party in such legal action shall be awarded reasonable attorneys'fees,litigation or arbitration couts, and collection costs. Any and all legal action shall be filed within the county wherein the work was performed. 4. It is the customer's obligation to hiforan Thermal of the existence of any hazardous material that may exist of the jobsite.Inaccordance with OSHA'sHazardCom unication Standard Regulations,Customer shall provide Thermal all relevant Material Safety Data Sheets(MSDS). 5. Thermal's responsibility under this Proposal excludes the Identification,removal or 2hatement of asbestos, of mildew orother hazardous substances. In the event such products or substances are encountered,Thermal's obligation shall be limited to informing Customer of the possible existence of such Iff1teriBIs. In the event that hazardous substances are encountered,all work shall immediately cease ands nota commence until written documentation that abatement has been performed is provided to Thermal. 6.The and Customer agree that the occurrence of say of the following conditions which,without limitation,might render performance by The impractical,such as,but not limited to:strikes,fires,war,inclement weather,late or non very by suppliers of Thermal and all other contingencies beyond the reasonable control of Thermal. Under no circusestances shall Thermal be liable for any special or consequential damages whether based upon lost goodwill lost resale profits,work stoppage,Impairment of other goods or Beftence otherwise and whether arising out of Customer Initial ------------------------------—-----------------------------------------------—-—----------------------------------------------------------------------- Page 274 of 633 Thermal Concepts,Inc.Proposal Page 3 of 3 breach of warranty,breach of contract,negligence or otherwise,(unlens such negligence Is directly caused by Thermal)except only in the case of personal injury where applicable by law requires such liability. But in no event shall Thermal's liabifily exceed the purchase price paid under this Proposal. 7.The Customer shaft pay Thermal,in addition to the price of this Proposal,the amount of all present and future taxes or any other government charges now or hereafter imposed by existent or future laws with respect to the transfer,use,ownership or possession of equipment to which this Proposal relates,exclusive of ordinary personal prop"taxes assessed against Thermal. 8.it is agreed that the Customer shall assume responsibility and pay extra for an services and material required due to electrical power figure,low voltage,burned out main orb fnses,low water pressure,corrosion,or lightning strikes,and any and aff items fisted in the EXCLUSIONS section of"Proposal. 9. Customer is responsible for the cost of any additional items of equipment or performance of any safety test or correction in design as recommended or required by insurance companies,its*municipality,or other governmental authorities. 10. Only the materials specifically listed In the service detalls section of this Proposal are included as a part of the Proposal. AH other materials and/or equipment replacement are to be paid for by the Customer,in addition to this Proposal,N the Customer so requests or authorizes such work to be performed by Thermal. 11. AU work covered under this Proposal shaR be performed during normal working hours,9:00 am to 4:30 pru Monday through Friday,excluding legal holidays. 12. Amy additional work, not specifleally stated elsewhere in this Proposal, Shall Only be performed upon authorization of Customer prior to proceeding with the work Customer's oral or written authorization will be mutually acceptable. 13. AD additional work,unless a quoted price is agreed to prior to commencement of the work,shall be performed on a time and material basis. Signature of Customer's building maintenance personnel or other employee an Thermal's Work Order/service ticket shall constitute acceptance and authorization for payment of the work covered by that form. 14.Thermal reserves the right to discontinue this Proposal at any time,without notice,In the event that payments under this Proposal shal]not have been made as agreed. UNLESS SPECIFICALLY INDICATED ELSEWHERE, THIS PROPOSAL DOES NOT INCLUDE MATERIALS, LABOR,AND EQUIPMENT FOR THE FOLLOF"NG. EXCLUSIONS- Airbalance. Annual/10 year inspections or overhAVIL Airdryers. Anything beyond normal maintenance inspeetl[OAL Any pail of the water system except pumps,excluding those extending below ground level. Building code upgrades. Circuit breakers. Cleaning of towers,evaporator or condenser cogs or removal of coils for cleanft chiller be cleaning and heat exchangers. Cleaning of environmental contaminants,including but not limited to, mold,mildew and sick building syndrome. Compressors. Condensate pumps. Condensate in drain fines. Condensate drain Knes beyond the drain outlet of covered equipment. Condensers or chiffers;subjected to Internal water damage or repairs to other parts of the system as a result of water entering from the condenser or the evaporator. Chiller condennerlevaporafor tabes.Control boards.Control systems for any mechanical system. Cooling tower repairs other thin those done to components with moving parts. Cranes,fifting equipment,any special rigging Costs. Design ChaRgeL Disconnect switches. Doors. Drain Due%malm,sanitary,waste. Drip pans. Ductwork or repairs to ductwork Duct cleaning. Duct detectors for smoke,beat,or air-flow. Electrical work due to power outages,blackouts,brownouts. Electric motor starters,motor controK motor controllers, blown fuses,power wiring,low voltage wiring,or my failure resulting from any cause other than normal mechanical maintenance. Electronic and/or clectm mechanical control boardL EMS Systems and all.related components. Fire alarm systems. Freight and handling chargoL Gaskets,glass, grilles,hardware,ice bins,insulation. Insurer covered internal or external parts. Internal chiller water damage. Motors of 30 horse power and over. Operator or customer misuse or negligence. Painting and patching of any Wrid. Pneumatic to s. Piping, Pumps of 30 horse power and over. Refrigerants or reclaiming of same. Refrigerant leaking Into the waterside of the system or water leaking logo the refrigerant side of the syrtens. Relocation of equipment. Removal of hazardous materials or waste. Repairs necessitated due to rust,corrosion,erosion,or deterioration. Repairs to any part of the cooling system subjected to damage due to the use of well water, salt water, brackish water, or inadequate or faulty chemical treatment.Repairs or replacement of items not normally maintained such as,but not limited to,doetwork,grilles, piping,gouges,thermometers, thermosta%structural suppor%valves,casings,cabinets,tower M slats, basins,hydronk and pneumatic pipinit. Repairs due to inadequate or fluctuating conditions of utilities. Repairs due to losses or damages as a result of fire,water,windstorm,vandsibmr,theft riots,civil commotion,Acts of God,strikes,lockouts,picket fines,machine shop service,or anything beyond the normal mechanical maintenance. Replacement of worn out or obsolete equipment andfor internal or external parts,labor and materials covered by in Insurer,design chanM relocation of equipment and major cooling tower overhauls. Shelvinz Smoke exhaust systems and oil component pare of such systems that may be exist. Variable frequency drives (VFD'.%). VAV boxes. Vibration isolators or sound traps. Water systems and water treatment of any kind. Customer Initial Page 275 of 633 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICESDEPARTMENT 100 EAST BOYNTON BEACH BOULEVARDP.O.P.O180985 BOYNTON X310 BEACH, FLORIDA 33425-0310 05/10/18 VENDOR 16960 SHIP O: : -1 AIR SOLUTIONS, LLC City of Boynton Beach 849 SW 20TH AVENUE PUBLIC WORKS DEPARTMENT OE O , FL 34974 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 Q1WS11T10N NO. 71192 ORDERING DEPARTMENT: FACILITIES/ 'L DATE NEEDED3 BID O: COMMISSION APPROVED: EXTMMED LINE# QUANTITYUOM ITEM NO. AND DESCRIPTIONI COST COST 1 2100. 00 DL INSTALLATION LABOR I. uvuu 21uu.uu 1. Perform proper recovery o existing eri rant. base o a ., tiQ .. 2 . Pxoi. .::>> d bra 1 .for. the rma . n o :o cf t exat�r R :: a. Axid. atra al't ::.::....... ht ... . R; P 1 'DO E E MATERIAL-S.;" . ITS WILL .Vii, L2.,. R:a COIL . T motorized Tutsixr �Wrpers. ::1 ...hd material to to pct ` a lrz edt �il: service and disco c 13.1 .: C roper sized fuses WIt 1 1 :sconh6 t 5:: a ire Y o tri material to :.,,..... ct.. o a th oot cur to 1 ol.- .de , . . . ; 3.z yr ux - a b o And' matP3i I tc req eot ecist: ii detectors - rix�ts o te.. thin the duct w0r ..,::::.:...>: the RTU. 7 . Provide en iriri ' tie down details. . Provide system function check and start-up to PROCUREMENT SERVICES: ` P.G. TOTAL: ACCOUNT NO. PROJECT 303-4119-580.64-1 170 PURCHASING Page 276 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180965 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/10/18 VENDOR 16960 SHIP TO: TO: A-1 AIR SOLUTIONS, LLC City of Boynton Beach 849 SW 20TH AVENUE PUBLIC WORKS DEPARTMENT OKEECHOBEE, FL 34974 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 ,REQUISITION O. 71192 ORDERING DEPARTMENT: FACILITIES/JL DATE NEEDED- BID NO: COMMISMON APPROVED. EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ensure proper system operating of each RTU 9. 2Lf.t RTUs or andf roof Rl (W; .r.4-empya4:- d1Si " '&E" P *. k-�:�: ec�g�,Upv, rit . . . . . . . ... 2 0 0 0 1316.41 1316 .41 DL. MATT ft-I'AL 3 7261. 00 DL PWMEN.T. :.':-l..:.:0.jQ.0 0 7261.00 - - 4 ':!'000 0 1000. 00 1000 . 0c) Dt2:: 5 662. 00 DL DOWN .DETAIL 662 .00...... � 6 160. 00 DL '----'-DS IPOSAL .00 160 . 00 .... . . . . . . . . . . . . . . . . . ... ... . . . . . .... . . . . . . . . .... ... . . . . . . . . R AD2 : (F9-2)..:;k-TU-1 HVAC .. #22453 .......... . 010 PROCUREMENT SERVIC 6: L. 12499.41 ACCOUNT O. PROJECT 303-4119-580.64-18 GG1870 PURCHASING Page 277 of 633 m co I H r-4 I 0 A -0 I OUP 1 00 to H 0 N a a% zU I 0 -1 w 0 ko H i H r) cq a LD If dI cq -1 r- 14 N Z' >4 0 m R .0 0 OOU rx M momm i OwmM QMLOLO ZkDr-Im i r4H 0 C) 0 0 0 0 I > 0 0 0 0 0 0 P4 14 0 1 C; C; C; C; CJ 14 w H E-4 9 E 0 E-4 Ercm 00o iz m 0 HM 0B OOH I C3 0 1 124 pi N M Ix U E 00 0�' COO 0 E E I C4 H Ocqcq I H ca cu W w 0) m O m Ln in Ln z 0 H C14 M rl C3 Hri rq 1-4 I ) H m FZ4 W I H I E-4 PO N In E 1 P4 1 0 10 UC3 UO OC)UO DO 00 0 Z w CY 1 0 1 mr--Hr- mar A r-•H r- 4 N 'q pqI P4 > 1wl 0-4 Ol-q Or-Irhh Or-I 0.-q OH 0 H pa1 04 0 0 10 CD 0 0 9 0 1 H P4 : M H EO 0 W H R E-4: u Im E-4 Ej E4 04H a:W F4 z Ix 00 I 1 W H A4 Q FA w irnIU-1, : 0 H PO W I I m ED Q E- E, P P P P P4 DO fX m w N H 2 ri) M4 04 N N N H H H H H H H t:) CRE13 OUI!:)011narA OrMCRrA pq W pqWW W m m pq 0 HZ 2 OHZ 9 NO�OOH�8H$H6 P P P P E-i H as z Ns HUHUHUHUHUHU Ft criNO Ix 6)W�a C4 MU w N Ix MU Ix HW 0 H H A E4 Cr— H HO 1 ig co q P6 1 H H H 1-1 rd r-q r— r- 94 w �p �p D14 N 1 1 Nil w w to w w w Q CD C3 0 0 0 w w m 0 01 >1 m 1 dl 61 61 H p 0 H q ri 0 rIn pq I Hum P4 H m `D iZH N m -v m w M H Page 278 of 633 (0 co 0fel r rq M PQ d r� rzi 0 z 0 0 C) W 0 W C', O F H z 0 0 M 0 HM 0 0 0 C3 a M 0 RO 0 a 0 0 0 -f V a C3 n 0 C3 ko a% ko OP >I r 0 IX04 E-4 r C) C) 0 H ai 91 19 � En 0 W HA M NC3 W E-1 U P4 H pq M o di N P4 MC) pq � 9d 0 0 ri r� F0 0 44 0 44r-i M 4-1 0 q 4J 54 cn 0 0-11 1)0 W 0 0 R ®w C7 r .1-1 Id 0 91 W N 4J w M 4.3-4 4.) 3: 100 N 941 M p -,q 14 is r r. 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H H I H r--M 0 MMU W 0 Or-4 0134 - 0>q Im �0 Q>IM z 54 "0-H 'd 0 E-4 6:4 '0 0= "TJ M '0'0$4 bld V JJPO 0 H 0 E-1 0 P 0 0 E, 0 0-rqv --r-I�AW .'A -ri tna)-r-I PAO-,i •r. HE HE 7.H x HE H H N I �44 0:�, �4> W W 0 t"d)>V.�q r:0 ��, -rA� t MOE �QE 1A M Q E I JHM E4 0 H $4 OPOOMO 00fV0 � M 00 HOC MOO H p r4 Old W W4J kE�Pa 0P-HO k4i 4J Ulm�4 P 14 P$44J -4 E U D�XU PZO MEB R 2 ou 00 ul P4 a)pe 9%624 0 04 w Mu H14 00 1429 H 0 W 99 14JO . MU 0 980 1-10 SOW 181 10 D E� W Z,f fdc�s4 0,•0 ou ocr M mum Mu U E..Uw FA P4 H pq M Z pd i ri N rq -14 Ln Page 279 of 633 CII017Y OF BOYNTON BEA. CH REQUEST FOR PURCHASE OVER $10t000 i Sit/2018 Gall Mootz Explanation for Purchase: To purchase a -1 HVAC Replacement Unk 1br Public Works In the amount of$5,A50.00 and to r $12,q?_J. I WON Source tor Pumhase(check and attach backup mi"aft"' 'dis' le''Ji Three Wrftn Quotaffons GSA state cordrilot Th::Cv PRIDE SNAPS RESPECT Piggy-Back Other Contract Number The unIt r Public Works Is uUlWng armount#303-41 10-M-64-18 for PD i fit 1 . Department Head : :� s ,e . DatepartmeryP Pu urchasing Asst City Manager an or Date ;e Page 280 of 633 REQUEST FOR OFFICE ASSISTANCE FROM: 641i- h4toV j-2— Date: -7110 *PRIORITY DATE NEEDED BY: Copy Work — Number of Copies: [Double-sided /Collated Stapled Distribution: El Type from the attached/transcription tape/email (to be forwarded upon request) El Request for 121/Direct Pay Req.for the attached - Vendor or Person to be reimbursed: Account Number: ----.___�-_Project No.: Request for Requisition - Vendor: JIP, 150&14-77aV5 Account Number: 302-1' Project No.. GG1870 illiq 5p-6-C-1-71 List Items w/Cluantitles. Unit Costs on the back of this request. Verbal Quotes($500 to $1,999):Vendor: Cost: Vendor: Vendor: Cost: Written Quotes ($2,000 to $9,999.99)—Attached. Written Quotes ($10,000 to $24,999) w/Purchases over$10,000 Form—Attached. Bid/City(Over$25,000): Bid# Bid/Other Entity(Over$25,000): Bid Bid Eff. Dates, Bid Quotes—Attached I File As: OTHER: Special Instructions: CIP Project Police Det)t. 2 If it) 14 svo Request completed by: Date completed: Please sign and retu;rn to to the Office Staff's Inbox;feel free to make any comments below. Page 281 of 633 80 SW 20th Ave. Okewlobee FL 34974 TeL.888 638 2801/80 623-6203 CAC1819092 November _..._......... ............................._ —----------------------------------------- ._.......-----------------------------------------._..------...ti�.. --------------------------------------- CLIEW® .. City f Boynton Beach Pd2 Old Fire Station 100 E Boynton ch Boulevard PO Box 3 10 2201 S Congress Ave .Boynton e 1 , . l 33425 Boynton Beach,F1 3343 hone: 561-742-6323 561-742-6316 Trane,7.5 ton Package Roof Top Unit Unit LABOR AND MATERIAL FOR THE FOLLOWING WORK: 1.Perform v procedure of existing refrigerant based on EPA federal regulations. 2.Provide labor t r (1)the existings on rooftop. 3.Provide labor t to install (1) new 7. 3 include curb adaptor, proper tie down hardware and related i ill include condenser it coating,motorizeds . labor4.Provide o reconnect to existingservice and disconnect. i include l s within disconnect. 5.Provide labor and materialto existingof curb to include 6. Provide labor and material to reconnectto existing control wiring and existingsmoke detectors circuits mounted within the duct work the RTU. . Provide engineering tie down details. ITS, Page 282 of 633 8. Provide system function check and start-up to ensure proper system operation of each RTU accordingly. 9. Provide crane service to lift RTUs on and off rooftop. Provide site removal and disposal of old equipment Warranty: Manufacturer's warranty; 5 years on coil and I year on parts.A-I Air Solutions Warranty: 90 day labor. Exclusions: 1. . Any electrical upgrades or electrical work in not included except the disconnection and reconnection of existing electrical services. 2. Any work/repairs to inside equipment or components related to this system is not included. 3. Any other work ors not listed in the above proposal. 4. Any modifications to existing duct work system is not included. Permit: City Permits as required will be considered a passthrough expense and are not included within this proposal. All fees will be charged to the City of Boynton Beach accordingly and added to the total proposal amount listed below. INSTALLATION LABOR.............................$ 2,100.00 MATERIAL ................................ .................... $ 1,316.41 EQUIPMENT..................................................$ 7,261.00 CRANE---------------------------------------------$1,000-00 TIE DOWN DETAIL----------------------------$662 DISPOSAL-----------------------------------------$160.00 L4 TOTAI.............................ilY,5000"O Date of Acceptance Siinature ................ Printed Name Page 283 of 633 *THERMAL a it ii- , T, 'S 0039621 CSC04651 CG 07936 Stuart Office Main Office Miami Office 2497 SE Dixie Highway 2201 College Avenue 444 Brickell Avenue Stuart,Florida 34997 Davie,Florida 33317 Miami,Florida 33131 0: 772.220.2365 0: 954.472.4465 0: 305.940.0381 F: 772.220.2273 F: 954.370°6410 F: 786.391.3689 October 10,2017 CLIENT: PROPOSAL: 00022453 City Of Boynton Beach Pd2 Old Fire Station 100 E Boynton Beach Boulevardox 310 2201 S Congress Ave Boynton Beach, Fl 33425c ton each, Ff 33425 Phone: 561-742-6323 Fax: 561-742-6.31 1 Mootz We propose hereby to finnish material and labor,complete in accordance specifications below for the sum o Twenty-TwoThirteen Thousand Nine Hundred ! r . RTU: Trane 7.5 ton Package Roof Topt `t serves WORK:PROVIDE LABOR AND MATERIAL FOR THE FOLLOWING 1. Perform properrecovery procedure of existing reffigerant based on EPA federal regulations. 2. Provide labor and materialor the removal and proper disposalo (1)the existing located on roofo .Provide labor and material to install(1)new 7.5 ton Trane RTU(T 3 )to include a tor, proper tie down hardware and related t la 'on materials. Units will include condenser coil coating, motorized outside air dampers. 4. Provide labor and materialreconnect to existing electrical ce and disconnect. Willi clue properly sized ses within disconnect. 5. Provide labor and materialo reconnect to existing root curb to include sealin e down hardware. 6.Provide la o at to reconnect to existing control wiring and existing smoke etec circuits mounted i the duct work the RTU. 7.Provide engineering tie down details. 8. Provide system function check and start-upto ensure proper system operation of each RTUcor " y. 9.Provide crane service to lift RTUs on and off roof top. 10. Provide site removal and disposalof old equipment. 11. Manufacturer's ; 1 year s and 5 year compressor. Thermal Concepts Warranty; 90 day labor up to 1 year craftsmanship warranty. 12. WorkI be performed during the hours of 8.00am to 4.30pm, excluding holidays ee a s. 13. Estimated Leade from factory i5 4 weeks. PROPOSAL.THERMAL STANDARD TERMS,CONDITIONS AND EXCLUSIONS ARE PART OF THIS Customer °ti Page 284 of 633 Thermal Concepts, Inc.Proposal Page 2 of 4 14. City Permits as required will be considered a pass through expense and are not included within this proposal. All fees will be charged to the City of Boynton Beach accordingly and added to the to proposal amount listed below. Labor---------------------------------------------$2,160.00 Equipment---------------------------------------$8,458.59 Material------------------------------------------$1,371.41 Crane --------------------------------------------$1,080-00 Tic Down Detail-------------------------------- i o -------------------------------isposal------------------------------------------$180-00 Total----------------------------------------------$13,922.00 AMIENDMENTS & SPECIAL PROVISIONS: Exclusions: 1.Any other electrical upgrades or electrical work are not mcluded except the disconnection and reconnection of existing electrical services. 2. Any work/repairs to existing duct work below the of curbs are not included. 3. Any roof or or roof repair work is not included within this proposal. 4. Any overtime labor is not included wiffiin this proposal. 5. Any other work or services not listed in the above proposal. Special provision: Will require the cooperation of the customer to provide access for crane service in parking lot(around building) -------------- ------------------ .................-------------------------------------------------........................-----—----------------------------------------------------------------------------------------- TOTAL BED: (Thirteen Thousand Nine Hundred Twenty-Two And 00/100 Dollars) $13,922.00 Pay unt to be made as follows: NET30DAYS ............................ Aaca i2LS-proP.. The above prices,specifications and conditions are satisfactory and are hereby 5%W accepted. You are authorized to do the work as specified. Payment will be made as Account Manager stated above. Date of Acceptance Signature Printed Name Customer Initial Page 285 of 633 Thermal Concepts, Inc.Proposal Page 3 of 4 UNLESS SPECIFICALL Y INDICA TED ELSEWHERE, THIS PROPOSAL IS SUBJECT TO THE FOLLO 97NG TEAAIS_&CONDITIONS: 1.Terms of payment are Net 10 days. Late charges way be assessed at 1.5%per on on past due balances. Applicable taxes are not include& Should payments be received after 60 days,then The may stop all work under this Proposal and/or cancel the Proposal,Rod the entire price shall become due and payable. 2.Thermal is not responsible for loss or damage used by unavailability of equipment,components or material for whatever reasons,including forces of nature,inaccessibility to prees, negligence by Customer orathers,inadequate system design,vandalism orother causes beyond Thermal's control. 3. Both parties shall seek to avoid litigation.However,in the event that any legal actions are required to be taken by either party relating to this Proposal,it is agreed that such legal actions shall be commenced within one year,or earlier as may be provided by law,from the date in which the cause of action occurred and that the successful party in such legal action shall be awarded reasonable attorneys'fees,litigation or arbitration costs, and collection costs. Any and all legal action shall be filed within the county wherein the work was performed. 4. It is the customer's obligation to Worm Thermal of the existence of any hazardous material that may exist at the Jobsite.In accordance with OSHA's Hazard Communication Standard Regulations,Customer shall provide Thermal all relevant Material Safety Data Sheets(MSDS). 5. Thermal's responsibility under this Proposal excludes the identiffeation, removal or abatement of asbestos,mold,mildew orother hazardous substances. In the event such products or substances are encountered,Thermal's obligation shall be limited to informing Customer of the possible existence of such materials. In the event that hazardous substances are encountered,all work shall Immediately cease and sham not again commence until written documentation that abatement has been performed Is provided to Thermal. 6. Thermal and Customer agree that the occurrence of any of the following conditions which, without limitation, might render performance by Thermal Impractical,such as,but not limited to:strikes,fires,war,inclement weather, to or non-delivery by suppliers of Thermal and all other contingencies beyond the reasonable control of Thermal. Under no circumstances all Thermal be liable for any special or consequential damages whether based upon lost goodwill lost resale profits,work stoppage,impairment of other goods or negligence otherwise and whether arising out of breach of warranty,breach of contract,negligence or otherwise,(unless such negligence Is directly caused by Thermal)except only in the case of personal injury where applicable by law requires such liability. But in no event shall Thermal's liability exceed the purchase price paid under this Proposal. 7.The Customer shall pay Thermal,in addition to the price of this Proposal,the amount of all present and future taxes or any other government charges now or hereafter imposed by existent or future laws with respect to the transfer,use,ownership or possession of equipment tow this Proposal relates,exclusive of ordinary personal property taxes assessed against Thermal. 8.It is agreed that the Customer all assume responsibility and pay extra for all services and material required due to electrical power fa' low voltage,burned out main or branch fuses,low water pressure,corrosion,or lightning strikes,and any and all Items listed in the EXCLUSIONS section of this Proposal. 9. Customer is responsible for the cost of any additional items of equipment or performance of any safety test or correction in design as recommended or required by insurance co ani state,municipality,or other governmental authorities. 10. Only the materials specifically listed in the service details section of this Proposal are included as a part of the Proposal. Ali other materials and/or equipment replacement are to be paid for by the Customer,in addition to this Proposal,if the Customer so requests or authorizes such work to be performed by Thermal. 11. All work covered under this Proposal shall be performed during normal working hours,8-00 am to 4:30 pm Monday through Friday,excluding legid holidays. 12. Any additional work, not specifically stated elsewhere in this Proposal, shall only be performed upon authorization of Customer prior to proceeding with the work Customer's oral or written authorization will be mutnafly acceptable. 13. Ali additional work,unless it quoted price is agreed to prior to commencement of the work,shall be performed on a time Rod Material basiL Signature of Customer's building maintenance personnel or other employee an Thermal's or Orderlservice ticket shall constitute acceptance and authorization for payment of the work covered by that form. 14.Thermal reserves the right to discontinue this Proposal at my time,without notice,in the event that payments under this Proposal shall not have been made as agreed. Customer Initial Page 286 of 633 HVAC 2001 Seventh Avenue North PROPOSAL Lake Worth, Florida 33451 ; (561) 582-3589 State License o. (561) 582-3602 fax HVAC: CAC049256 ��k ��" service@stokes.com DATE 10/18/2017 UBIRi ID TO JOB DESCRIPTION City of Boynton Beach Replace -1 P&Ss Me LOCATION 2210 S.Congress Ave, Boynton Beach PoliceDepartment IN PHONE EMAK. Gail Mootz 561-742-6223oo fl.us Sereby MGM this—proposal to perferrinthe following work as outlined I : Remove n is os of(1LTIrMane RTU model Provide n ins ll 1 n Trane o l - - Disconnect and reconnect to existing electrical drain line, and curb adapter Provide crane to remove existing RTU andInstall a new curb a t r and ne Properly secure new curb adapter to existing curb andsecure new RTUto new curb adapte Perform start u proper,operation and r to tem to service It nd ins ion included it co tin included Work o be r)erformed durina the hours of a n on - Fri IEXCLUSIONS: Work oabove stated co r o electrical, ductwork, curb, curb ad A ter, roofinq, patching intin , n in ria of an kind We herebV Dro---e to furnish mated I and labor in complete,accordance with above des ri tion for the sum of: Seventeen T ou n iv Hundred my i_ t xx/100 Dollars($ 17, 8.00 payment to be made as follows: upon approval remainder u on completion All mateflat is guarantervi to be as specified. All workto be completedin a worlitmenlike manner according to standard practices.Any alteration or deviation from the ab description involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our contrai. Owner to carry fire,hurricane and other necessary insurance.our workers are covered by n's Compensaten insurance. Authorized Signature: NOTE.'This proposal may a withdrawn If not accepted within 30 days. Acceptance of Proposal--The above prices,description and conditions are satisfactory and are hereby accepted.You are authorized to do the nark as specified,Payment will Michael Carrilill AC Manager be made as outlined above. Signature: r int Name/Title: data of Acceptance- FOR P p nF E _rJ LYPENDING SIGNED COWnMED BILLEID Page 287 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180992 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/14/18 VENDOR 13147 SHIP TO: TO: THE PAVING LADY INC. City of Boynton each 100 W. INDUSTRIAL AVENUE PUBLIC WORKS DEPARTMENT BON BEACH, FL 33426 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 AECWSITUON iNO. 70543 ORDERING DEPART EC' ENGINEERING/CIP/GD/AGGA DATE NEEDEDBID NOjCO�MM IS SION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 850. 00 DL PW COMPOUND FLOODING-ADD 1. 0000 850-00 EXFILTRTION TRENCH: MOT 2 20. 00 SET SAWCUT, Rr ,_.:.0-. CEA CEAM:.� .IDE 90. 0000 1800- 00 CONCRETE' 3 5. 00 LET SAWC UT. PIEME &:REPLACE tYpt 30 . 0000 150. 00 4 100 . 00 SYDpj��i REMOVE & REPLACE 1.. 5",:::OF `42:...0000 4200 . 00 A P�T 5 1. 00 EA S-UMP PUMP CHAMEtR (TRAFVIC BARING 14-7,$"0000 2475. 00 6 1. 00 G. HOUSE� DRAlNAQE:.r')3ASIN 7.9.i;5 0 0 7875 .00 7 5. 00 LPT:::::15.!' HDPE 0 425. 00 8 D EXFILTR.ATION 40 . 00 LFT 1510 Hpi E W/' 00�00 5400 . 00 9 100. 00 LFT. 311 :SCH. 40 PVC ` .rNCLUDING BENDS) : .19: 0 0.0 0 1900.00 10 100 . 00 LFT I" _ELECTRICAL CONDUIT 1s. . .0400 1500 . 00 11 2750. 00 DL MODTFY EXISTING EXPILTRATION I i.00`00 2750.00 12 2500 . 00 DL MOBILTWION .1. 0000 2500 . 00 m. a *DOb..:A' 01198: BA81N 1S FIGUOM-D Alp. �4�i STRUCtftE'..-: BAFFLES NOT **IF BAFFLES: An EUI E :: :$475 PER BAFFLE $1, 100 TO INCREASE SIZE TO 5' TO ACCOMMODATE BAFFLES. **AS PRICE INCLUDES 6" OF NEW PROCUREMENT SERVICES: ACCOUNT NO. PROJECT 303-4116-580.62-01 GG1S41 PURCHASING Page 288 of 633 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT VICDEPARTMENT O EAST BOYNTON BEACH BOULEVARDP.O. : 180992 10 ` T CH, FLS IDA 33425-0310 DTE: 05/14/1 VENDOR 13147 SHIP TO: TO: THE PAVING LADY INC. City of Boynton Beach 100 W. INDUSTRIAL AVENUE PUBLIC WORKS DEPARTMENT BOYNTON BEACH, FL 33426 222 N.E. 9TH AVENUE 130YNTON BEACH, FL 33435 curIOr� NO. X0543c�CE � CTrcrar: ENNEERIN1 / D/AGFA �, r� . • y ES TE NEEDED-.: SIC O: COMMISSION APPROVED: .................. EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ROCK **DEWATERING NOT INCLUDED. REMARi-S DRAi�IC� . FO P.IJSL2C WORKS CONIPOUN3 as 7 80C�r8a9ErT BERCEB: P.O. TOTAL. 31825.00 ACCOUNT NO. PROJECT 303-4116-580.62-01 C 1841 PURCHASING Page 289 of 633 ca cc 1 I 11 ri 1 1 1 M 1 I I N, I 1 I Ln 1 I , u v C35 m v a 0 10 a a E-1 1 1 U I 1%I a 0 to C°^ rVC3 m C3 Il8 �9 $•� 1 I 1w H " m m E Ir$ 1 I H CIJ 1 rdqr Cq r- M H N Iii H 1 I 1 M r 1 1 I 1 ly 1 I 1 I 1 1 Pr I r 1 I 1 1 I 1 1 1 1 , r A i r U 1 pots i � 1 I t r 1 1 P•d, I F r 1 w a I i ® ' 0 0 0 1 LC I 1 a 0 C3 0 0 CD a 0 1 ! ; ri r1 rl H H H H H H ri H 1 ri 1 l'+ 1 ftn Im 0 m m1 I I E�Eia a e ,i -H -1 -d +4 •d 000 0k Ln H i log 0 H 999i W `I 1 H a r, 1 m m m O Ig G? 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'0 R OON m OR = NN m 2.P W R HOP HM �-fiu ZI 9 P M : Uum Hum um N Vol OUM MUM MUM = UM = Uw BUM 0 Q a4 rn W rn oa P H H M w X E w P4 IX H w R MI 'i N in ko r- co Ch n H C9 W H Page 292 of 633 CITY OF BOYNTON BEACH REQUEST FOR PURCIUSE OVER $10,000 w Date: 1/5/2018 _Requesting Department: / .Explanaflon for Purchase: The I parking e oftentimes despensing I impossible. Thisto alleviate . [1-tecommended Vendor The Paving Lady 'Source for Purchase (check and affach backup materials)." Three Written Quotations State trPRIDEMESPECT SNAPS Sole Source Piggy-Piggy-Back Budgeted Item Emergency urs Number.Contract Pricing i for purchase must be proserded in the samecontained i In the controot Fund Source for Purchase: 303-4116-580-62-01 Project# GGI 841 - Department Head Date l Pur t Asst City Manager City Manager Date .5E Form Revised OW1102 Page 293 of 633 REQUEST FOR OFFICE ASSISTANCE FROM: Gary Dunmyer Data: JanulrtA 018 *PRIORITY/DATE NEEDED BY: E3 Copy Work - Number of Copies: Double-sided/Collated& Stapled Distribution: E3 Type from the attached/transcription tape I email (to be forwarded upon request) El Request for 1rect Pay Req.for the attached - Vendor or Person to be reimbursed.- Account Number: Project No.:, Request for Requisition- Vendor: ThaettPaAmn Lady A Account Number 303-4116-580.62-01 Project No.: GG1841_($20,000) T)rCi� PAY List Items wiQuantitles& Unit Costs on the back of this request. * Verbal Quotes($500 to$1,999): Vendor: Cost: Vendor. Cost. Vendor: Cost: ............ * Written Quotes($2,000 to $9,999.99)-Attached. * Written notes($10.000 to$24,999)w/Purchases over$10,000 Form-Attached. * Bid/City(Over$25,000). Bid# * Bid/Other Entity(Over$25,000): Bid#, Bid Eff. Dates, & Bid Quotes-Attached. 0 File As: 0 OTHER: Special Instructions: h19�ubl �8��nd r,�srk n�l-oo d a e -h -nt - 21 2i t T�hd a I vTe a en xdt u rt� a! ei� c storm r a T ic wor' Corn ou i lot fi�ft r tru U r In s t w ct ou ut� s we�ree en thetrh�oe h ti d a eva e the�fjon b it didftworck�- h �n -st�e ot roL.. I xr a 0 t is will e to b add e 11 ti n rench Request completed by:_Gary Dunmyer_ Date completed: 1/5/18 Please sign and return this form to the Office Staft's Inbox; feel free to make any comments below. Page 294 of 633 Public Works Comound Drainage Improvements ffimContractor Bid Paving Lady $ 31,825.00 All County $ 48,000.00 54,730.00 Page 295 of 633 1 industrial1000 W Boynton Beach F1 33428 Office: 561-572-2600 Fax:561-572-2601 Gary Dunmyer City Engineering Division As per bid sheet and sketch provided Unit cost Item Phase Sawcut, Remove and Replacei F Concrete Sidewalk thick) ::�201 ick Sawcut, Remove andReplace Type ®Cur cut, Remove and Replace1.5"of AsphaltSy $4,200 Sump Pump Chamber(traffic baring lid) $2,475 Dog House Drainage sin $7,875 $7,875 "HDPE 5 LF $85 2 "HPDE W1 Eirfiltration 135 $5,400 w" c (including bends) 1, 1"Electrical Conduit 100 LF $15 $1,500 Modify Existing Itr ti Tr nc 1 $2,750 $2,750 Mobilization 1 LS $2,500 $2,500 Total 1, 2 ***Dog HouseBasin is figured at 4'structure. Baffles are not included. ***If baffles are required iease add$475 per baffle and$1,100 to increase i 'to accommodate . * Asphalt price includes 6" f new rock base. *** Dewatering of Included. Page 296 of 633 January 4,2019 1000 W Industrial Ave Boynton Beach Fl 33428 Office: 561-572-2600 Fax: 561-S72-2601 Notes: Jobsite will be barricaded during work. This contractor will not be responsible for persons breaking through the barricades, tracking sealer, damage or injury to cars or persons trespassing designated areas. * Contractor not responsible for any buried irrigation or utility line. Relocation or repair is by owner. Due care will be given. * Contractor is not responsible for any pre-existing environmental conditions or subsurface conditions. ** Contractor is not responsible for damage to sidewalks that are necessary to cross with our heavy equipment to complete the job. Due care will be given. * This proposal is based on work being completed during the hours of 7:00 am and 5:00 pm, Monday through Friday (excluding holidays andweekends) unless otherwise stated. ** Any changes in the scope of work for any items not specified in this proposal will be an extra to this contract. ** All testing, as-builts, plans, and surveying is by owner. * Contractor not responsible for existing asphalt drainage or standing water problems. Contractor cannot guarantee concrete in areas of standing water. ** Any additional work requested by owner and/or the building department during review or inspections will be priced accordingly. WE PROPOSE o firmish labor and matenal -complete °in accordance vath above specifications, and sutdect to conditions statedof t hundred tBlItt-five and 00 cents) Acce ® The above prices, specificationsI . satisfactory and are hereby are authorizedi t will be made as oudined above. i Print Name: Title Page 297 of 633 y � s � 400 EXECUTIVE CENTER DR. m 210 WEST PALM BEAM FL X4# 1 ( 1) 1 Fax )2 1 PROPosAL December 15,2017 ® City of Boyntonc ii 100 E. Boynton BeachBlvd r i improvements B2nton Beach, FIL 33436 t _ i 1 MOT 1 $5,500.00 ut, Remove and Replace 4ft Wide Concrete ial ( "Thick) 20 SF $88.00 $1,760.00 t, Remove and ReplaceType Curb 0 $1,2%00 ut, Remove and Replace 1.6" of Asphalt 100 SY $120.00 $12,000.00 5 Sump Pump hr(T is Lid) 1 EA $9,900.00 $9,900.00 Dog HouseDrainage Basin 1 $6,820.00 $6,820.00 7 " 44.00 $220.00 1 1 Exriltration 40 LF $242.00 $9,680.00 "Sch. 40 (Incluin Bends) 100 LF $28.00 $2,800.00 10 1" Electrical Conduit 100 LF $26.00 $2,600.00 11 Mondify Existingllt tion Trench 1 L $2,200.00 $2,200.00 $54,730.00 Matthew Donnell Estimator Page 298 of 633 i i -'TY Palm 491 Broward County: 13.3A- 17799-R Collier County.LCC20110001485 Contractor:Martin County:MCP5910 General CGC1509532 PROPOSAUCONTRACT ,\ ,ik 111 S\Ung,4Yk11\@\ll\l\\l>1\\r'lN\}}}+k}>�pm,1l l\ llr vel➢}\ ) \} \t. n December 21,2017 Customer Narne/Address: ti : Attn:Gary Dunmyer City of BoyntonBeach City oBeach DRAINAGE IMPROVEMENTS 100 E Boynton Beach Blvd Boynton Beach,FL 33425 T.561.742-6231 E. DunmyerG@bbfi.us As per direction to perform the followingwork: Bpynton Beach Public Works Engineers Estimate of Cost for Drainage Improvements i Boynton (November 22, 20 Item tit it Cost cost a cutr Rem eve and Replace 4ft wide2104 S Concrete Si "thick) Remove u 5 1 L Sawcut, Remove a Aace 1.5"of Asphalt 100 1 Sy u c baring lid) . Do House Drainava Racln8,0130.00 15"HDPE S L L lltrati n 40 LF "Sch 40 PVC(including ben L " Electrical Conduit o i Existin Uffitration Trench3,500.00 TOTAL $48,000.00 Page Asphalt Maintenance Inc., s AJI County Paving Fax 561-588-214011180 SW 1a'1'StreK Delray Beach,FL 33444 Office 4D7-61 0 1 Fax 7- 20011 Patch Road,Orlando,FL 32822 infoMallcouintungivinn Members of ICSC,CAP.SEFAA,1 .CREW.AAGO,BOB,IFTSA.F CA.ABC.NAIOP,BOMAA,F . GFDOT CERTIFIED CONTRACTORSO All County cannothicl b r tovAng whenll to ply vmh paving andlor sod cast schedule. Page 299 of 633 I Nry Palm Beach County. U-21491 Broward County: 13-3X17799-R Collier County.LCC20110001485 Martin County- 1 General Contracr:COC1509532 1.. td d)...A.};,, d 3A.,.«�t6tc 6ttflttUa111�14;r.«<�1t1'2�..Si.�d<4rr\A«<�11.1!.1SG�:,k .F..«< „�JoS�1kN14sKSS7713)'ivSU.1...�ll�1.Tvi,44Uk��?YSll11�11}>',�114�Jsv.l3d�lr3.�a,�1`1�.IP3X�}T�C�✓llli�3:aa1tIl1�1llU1U'?R1ta°11T\"91�All\ll1!!«<i«an)111;�11S.nt£,?)??>`�V?,1A4 , *Car stops break during handling. *Any broken car stops will be replaced at an additional cog of$35.00 Each. pavement Is susceptible to scuffing and marks until it has properly cured. *As asphalt is a petroleum based product the prices are subject to change if all prices Increase dramatically. *Exisfing Cracks 'on growing should be prepared with a weed killer such as 'Round Up'for several treatments beftre we arrWe an thejob. asphalt surface that will be placed on fids project will not have the finish and look of a sealcoat application.t sealcoat is desired at a later date,we will be happy to quote you separately. *Large cracks in the existing asphalt may reflect through the now asphalt In Owe. I be a tire Irackling'-this cannal be avolded.but the ftacking marks will disappear Inti . *This proposal specifically excludes the acceptance of a'Pay when Paid Clause'payment douse. County shall be provided suitable access to the area.NAll Countys work is depandwrt upon or must be undertaken In conjunction with the work of others,such work shall be performed and completed so as to permit All Counlyto perform ft work hereunder in an uninterrupted single shift operation. Delays to All County shall be paid at a rate of$200.00 r half hour. *In the event that any work Is done under this agreement as amended,or any side agreement by All County which work Is on public property,the(Client/Owner)&areas and understands do the project property which It owns shall be chargedall indebtedness hereunder. *Any punch list items must be submitted in writing.No repairs will be made until of the invoice amount has been paid. *This contractor cannot guarantee elimination of standing water. `Job site will be barricaded during work.The contractor will not be responsible for persons breaking through barricades,tracking of materials or paint,damages rs or persons trespassing In designated areas. Permit Procurement and any additional work required by the permit will be extra to the contract amount. *This contractor recommends a civil engineer be retained for ADA upgrades. such this contractor makes no claim that ADA upgrades will meet any/all local,state and federal guidelines on ADA compliance. 'Due to price fluctuations on material costs,this contractor reserves the right to withdraw the proposal at any time prior to the commencement of work. PROPOSE to fumish labor and material—complete in accordance With above specifications,and subject to Conditions stated herein,for the sum o: FOURTY-EIGHT WITH PAYMENTS TO BE MADE AS FOLLOWS:Not due ocompletion. Not responsible for any mage to underground udlitles.A ce ` to of Insurance will be issued upon request prior to commencement of work.All County reserves the right to revisit the site iF time has elapsed from the original proposal to acceptance.All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of(1) year,excluding normal wear&fear.All County guarantees all workmanship and materials for up to(1)year,excluding normal wear 8 tear.Warranty starts at conclusion of work and Is not valid until payment has been made In full.Any additional mobilizations for Sealcoofing will be billed at a rate of$1.295.00 each.Any additional mobilizations for Paving will be billed ata rate of$2,450.00 each.All maWal is guaranteed to be as specified.Reflective Pavement Markers are excluded from the warranty.Any additional reflectiveve ent markers that are required by the city code will be an additional charge of$10.00 each to the contract amount. All work is to be completed In a workmanlike manner according to standard practices.Any alteration or deviation from above specifications involving extra costs,will be executed only upon written orders, and will become an extra charge over and abovL the estimate.All agreements contingent upon strikes,accidents or delays beyond our control. Due to the fluctuations In the petroleum markets,All County reserves the right to impose a fuel surcharge. Owner to carry fire tomedo and other necessary Insurance upon above work.Our workers are covered by Workmen's Compensation insure .'In the event of any litigation or other proceeding wising out of this agreement,the prevailing party shall be entitled to collect its attorneys!few and all costs of litigation from the other party,including appellate altomeys'fees.This proposal/contract Including all terms and conditions shall become a legally binding attachment to any contract entered into between All County Paving and the financially responsible company for which the work will be performed. ACCEPTED:The above prices,specifications and conditions are satisfactoryand are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. Page of Asphalt aintenan Inc.®ftla All County Paving Office 561-5 1 Fax 561-588-2140 11180 los`Street,Delray Beach,FIL 33444 Office 1 1 Fax 407-380-200114800 Pa d,Orlando,FL 32822 inLo@illlcoLintvoavina.com Members ICSC.CAI,SEFAA,IREM,CREW,AAGO, ,FTRA,FHEA,UC P,SOMAA,FHSA,APWA,PRISM, A OFDOT CERTIFIED CONTRACTORSO Ail County nn around vehicles. Management is responsible for towing n mimers fail to comply with paving andfor seal schedule. Proposal 0 ® . 1. SE Page 300 of 633 M Palm Beach County. 1 Broward County: -1 e Collier County:LCC20110001485 Martin 1 General Contractor:® 4 �4 11!{{..{!falDZfp(!!lllflfffitdff1f1111111111111L(((((((. S..t..SSSSSSSSSSS,IJ1JJffJlIJJJJflJJlltttttd(Pffffffffffffffffflfff(((((((fr�a{{{{{{{{{{;;;{{{{{{{{{{{{tttttttttttttt{{Rt$RKIf1ttR887tNt�ttttltttttttrn111111144444444444444444444St.4444444!.ltlt.ffftftfttfttffffffffffffFFffff44ft4 i\f iitAF}}y}fg ttitt111littiitti4allllltltttt77777777 t7t7 tt777dtll ll hitt l 3it3titl ))6ii)))titSfrttilR!!!!!!!!!!!!R'ttttttt{tttttttt{tttttt«,'YYYYYYYYt lffffNNNfNNNNNNNNNNNNN3????ttttth1111YSiiiillRRRRR(SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS}.ittillllllltUiitiitiiii{{{{?x}ty f �t}ikRkkkdtli U�t t�tUt lS tt 77 tt�t�rr�lSliilttitStittttl.tStttt�iti t,uuumlumu➢iID➢sill llllll tf l L t t. ACCEPTANCE OF PROPOSAL: Jefle!y Cohen Signatureof ppro l by Ghent Project Manager Printed Name and Title and Date Page 3 of 3 Asphalt MaIntenance Inc.,d1ble All County Paving Office 561-58MB49 I Fax 1- 21401 11 01t'Street,Delray Beach, Office 407-610-80691 Fax 407-380-2001148M Patch Road,Orlando,FL 32822 infg@_allgguntvoavina.com Members of l $ , 9 SIEFAA,IREM.o CA.ABC,NAIOP,BOMIAA,FHBA,APWA,PRISM,NEVRA GFDOT CERTIFIED CONTRACTORSO All County cannotr around vehicles. Managementresponsible for tovAng whenn l to comply with pavingel cost schedule. Proposal 0 2017.12.21.01.SE Page 301 of 633 Coversheet Page I of 1 61 CONSENT AGENDA 411712018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4117 1B REQUESTED ACTION BY COMMISSION. Approve adjustments to project budgets for the attached Surtax projects that are part of the approved FY 117118 budget. EXPLANATION OF REQUEST.- The City Commission approved a list of projects for FY 17118 to be paid with Government Surtax funds in September 2017. In accordance with the City's Resolution R16-071,which is an Intarlocal 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 bldsiquotes 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 vAll 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 I.The entire Surtax Capital Budget will always be neutral unless changed through a formal budget amendment process. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATIOW NA CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount- ATTACHMENT& Type Description 11 Addendum Surtax Project Budget Adjustment List 1 13 Attachment Reso 16-071 ILA w PBC https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ltemlD=3879&M..PaYDCBMIOf 633 — ,=t aOL ( Jitl t a ;t r it+ly)laS lljt rtr 44\t[sr} „n a aattrr Sr}di,;; r is nt ( t fJt t{ a}ja j}Jlf ySallf{C $ss.}7 is}s yl -,"a I ,(�' j<� r,rr'% Sl, }tt ii a'.\ {,a s JI ir ,,t ,tSrS::, \ ,I„ r�((1 r}rr,17 „lQl �-�s 7 } t:•• iq& ar( 4 c rt�� ,rs, f r i is(r •'a 1 c .5.-i ,'lli. t7 I�tN, -+ 1 i I a 1 i rf}tn);`.1,4{l r;l\\�l �r i ,},s„ 5 ffflLect Project# Project Location Moot AMMOnt 1815 Denson Pool-Fence and Wall Repsir $ 40,000-00 $44,670-00 Request for an increase of funds( 4,670.00)due to inflation of material costs RP1948 Meadows Parkf Playground Equipment $74,705-00 Transfer funds($15,625.00 20,295.00)t cover defidt in projects , 17 ,GG1872,RP1815 Police Replacement Request for an increase of funds( 2,250.0 )due to inflation of material costs 172 Public -HVAC Replacement $4,100-00 $5,650-00 Request for an increase of funds($1,550.0 )due to inflation of material costs GG1841 Public Works —Drainage $2 . $31,825.00 Request for an increase of funds( 21,825.00)due to scope of work change, addition of exfiltration trench Igtal ,o -Dymd Total erole t Budget Prolect But t t $169,350-00 $169,350-00 Tuesday,April 10,2018 Page 1 of 1 17-18 SURTAX Increase(CHANGES en ) Author:G. o otz Page 303 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES S T T 100 T BOYNTON BEACH BOULEVARD1 P.O. XC P.O. : 180999 Y T , FLORIDA A 342 - 31 DATE: 05/17/18 VENDOR 16691 SHIP TO: TO: PAC-VAN, INC. City of Boynton Beach 9155 HARRISON PARK CT. POLICE INDIANAPOLIS, IN 46216 100 E. BOYNTONCH. BLVD. BOYNTON BEACH, 33435 REOUJ&TVON NO, 71164 ORDERAGDEPARTMENT: POLICE TE NEEDED., MD NO- DA COMMISSION APPROVED� EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTIONI COST COST 1 8 .00 RA WWT USED 20 FT STEEL CONTAINER 2050. 0000 16400 . 00 VENDOR ITEM NO. - NA REMARKS SHIPPIAFG CONTAINER'S FOR .STORAR QO' 'E #JSFQ 4223;80 150 ' i�I�izF� PO P :D. WILL SENT? lb.':'VENDOR _�.. PROCUREMENT SERVICES: _.._ P. TOTAL 1.6400, 00 .ACCO T NO. PROTECT 001-1214-512.64-02 e�d Page 304 of 633 1 1 r I r-0 r1 J I I a�9 m-1 N 1 1 ! 1 rj 1 i i 1 1 1 1 I Op p v 101 I 1 J 1 1 IDIM1 H 1 ! ! I 1 1 ! I 1 ' i J 1 ! H 1 ' 1 1 ' 1 I ' 1 I 1 I gd 1 ' ® r CL ' P i � ; 1 1 1 1 I 1 1 1 1 11 I H 1 a-i 1 ' r 0 000 1 ' u H ' 1 PC tic) i C! to Fr 1 p I 1 1 t A H ; x J O I 1 110 u ri I I I G4 H I ra 1 Eq 1 H H ' 1 I H 1 1 1 i H 1 1 I ' 1 1 I 1 j . O H .. I ' I U 1 H 1 N 1 cl RH 1 I 1 ' H 1 1 1 I ' 1 ' I I 1 a.R ' r O 1 1 H 1 1 1 I 1 I 1 1 I 1 1 1 w 1 1mmM 141 7 1 I ! ' 1 I 1 s ' 1 ij8 1 24rq 1 �-I 1 rq1 N ! H I Uri H H 1 I C.! to H 1Ell ' 1 1 ! I I H I � 1 r6 1 H ►� 1 1 tr� o I Page 305 of 633 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 q Date: 5/15/2018 Requesting Department: Police t t II r Explanation : Shipping containers will be utilized for storing Cityt lio t evidence while transitioning to our temporary location. op ri ro r ri : Three Written Quotations GSA State Contract I CT Sole Source Piggy-Back Budgeted Ie Emergency Purchaser----1ether Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund rr��11 IISourceforPurchase; VV� ! Approvals: rDepartment a t / g sit t Asst City Managerate it Manager t e 4 Form Revised 01/02 Page 306 of 633 Miami Purchase Agreement o:SFQ-422380 6303 Blue Lagoon Dr Ste 400 Rm 464 Purchase Agreement Date:04-17-201 a Jami,FL 33126 Purchase Agreement Expires:7 days H:(305)509-6065 Sales Consuitant:Joey Gonzalez FAX:(305)509-60166 Email:Igonzeiez pacvan.co 00 ,iiU.i 'y{��1 „1, 's” �;fds �i"sass»3a�i%ta CITYBB City of Boyton Beach City of Boyton Beach 3501 N Congress Ave Daniel Cline OYNT N BEACH, FL 33428 100 East Boyton Beach Bvld Mike Brown Boyton Beach, FL 33435 (561)634-1120 Pam Beach Ph:(561)634-1120 r S1 a\t iJ„1f Delivery to Boynton Beach included $0800 $0.00 WWT used 20ft Steel Container 8 $2,050.00 $16,400.00 Total: $16,400.00 Nates: w/Tax: 17,548.00 * Tax Amount is an estimate only. SPECIAL OFFER: Need temporary Please ask us about our special pricing on selectit is s and Modular Buildings with your order. Included With Your Pac-Van Agreement: Superior Customer Service Nationwide is From a Local Company Your7r) . to for o ile & Ground-Level Offices, Modular Buildings, and Storage Equipment 'This agreement is made between Pao-Van,Inc.,herein called the Seller,and City'of oylon each herein called the Purchaser,a is subject to the Equipment andlor Services Purchase Agreerment Te s and Conditions attached hereto. The purchaser is responsible for secunfi any acrd all applicable building persalts,licenses,or approvals necessary for the purchased equipment. This Purchase Ag Agreement is based on a level,compact and accessible site. finless specified,this Purchase Agreement excludes taxes and ember services. Seller d s not nt in arty y that the equipment meets any local,state,federal or other code unless specie . This Purchase Agreement is contingent on final acceptance by Seller and credit approval by Seller. Signature: Signature: Printed: Printed: Joey Gonzalez Sign Title: Title: Sales Representative Here Date: —...................... Date: Page 307 of 633 Miami 6303 Blue Lagoon Dr Ste 400 Rm 464 Storage Credit Application ape"Ya4n. Miami,FL 33126 & Payment Options Ph:(305)509-6065 Fax:(305)5096066 Customer Information Company: City of Boyton Beach Name: Address: 100 East Boyton Beach Bvid Phone: (561)634-1120 City, ST ZIP: Boyton Beach, FL 33435 Fax: CREDIT_APPLICATION (required for all customers) TYPE OF ENTITY: El CORPORATION(if you are using a fictitious business name,please include the fictitious business name.) 0 LIMITED LIABILITY COMPANY RESALE#�' El LIMITED PARTNERSHIP FEDERAL TAX I.D.M El PARTNERSHIP DUNSM El SOLE PROPRIETORSHIP BUSINESS START DATE: OWNERSHIP Name of owner(s),.• Address: __.......... City: ST. ZIP Code: _..a............._.__________ BANK REFERENCES Naffle:___....._ ........ Account M Contact cityy:......... ....... State:.......................... ........; :Crjde:.____ The undersigned acknowledges that this Credit Application relates to a commercial account and that the representations contained herein are material and intended to induce Pac-Van, Inc. to extend credit. The undersigned hereby authorizes Pac-Van, Inc. to communicate with any or all of the references listed above and any other credits sources, and waives any privacy of credit information rights or regulations. Signature, Date, Printed Name: Title: El I elect Pao-Van's Simplified Credit Card Payment Coition Please complete and return to your Pac-Van Representative with your signed Agreement. Payment by Credit Card: Visa Ej Master Card Discover El Amer. Exp. Card Number: ExDiration Date: Cardholder Name(as appears on card): Cardholder Address: Cardholder Email: By signing below, you authorize Pac-Van, Inc.to charge the credit card listed above for all charges incurred. Charges will be made to the card above on a monthly basis for all amounts due .......... Cardholder Signature Date ............................. Page 308 of 633 Mas-%M. Equipment and/or Servicesr rConditions 1. Sale. Pac-Van, Inc. ("Seiler") hereby sells, and the party identified on the reverse hereof ("Purchaser") hereby purchases from Seller, all of Seller's right, title and interest in the equipment identified on the reverse hereof(the "Equipment")pursuant to the terms of this Equipment and/or Services Purchase Agreement (this"Agreement"). 2. Scope of or . Seller shall be responsible for delivering to Purchaser only the Equipment and/or rendering the services (the"Services") specified in the attached quote ("Quote")or scope of work document ("Work Document"). Seller is not obligated to sell any Equipment or render any Service unless specified on the attached Quote, Work Document or an approved change order signed by Purchaser and Seller. In the case of a building ("Building") which is newly manufactured, Seller may request Purchaser to approve floor plans, specifications, finish selections, and other documentation required by the manufacturer prior to commencing building process. Any changes to these Building specifications must be approved in writing by both Purchaser and Seller. 3. Regulatory euiremen : The Purchaser shall promptly execute and comply with all federal, state, and local statutes, ordinances, and all other regulatory requirements (including any state or local building codes)applicable to the Equipment. Unless the Quote states that Seller is responsible for obtaining permits for the Equipment, Purchaser shall be solely responsible for obtaining all permits necessary to set and occupy the Equipment. Purchaser shall be solely responsible for all taxes (including sales and property tax), permit fees and other costs related to the sale of the Equipment. After receipt of payment in full for the Equipment, Seller shall deliver to Purchaser a bill of sale or a statement of origin for the Equipment. . Site Conditions: Unless otherwise specified on the Quote, Purchaser shall be solely responsible for providing a safe, level, and compact site with appropriate accessibility for delivery of the Equipment and any Services or set up of the Equipment. Purchaser shall be responsible for additional costs related to site conditions deemed unacceptable or inadequate by Seller. 5. Utilities: Purchaser shall be solely responsible for arranging for utility service, running necessary utility lines and connecting utilities to the Equipment, unless specified otherwise on the Quote. B. Lnsurance. Purchaser, at its own expense, shall insure for risks of loss or damage to the Equipment or injury to any person commencing upon arrival of the Equipment at the delivery location (when Equipment is unhooked from transportation equipment). 7. Acceptance: Upon completion of the Services, Seller will request acceptance of the Equipment("Acceptance") by Purchaser. The Purchaser shall have the right to inspect all Equipment ("Inspection") prior to Acceptance. inspection and Acceptance will not be unreasonably delayed or refused. Purchaser may submit a written list to the Seller for elements of the Equipment which are not accepted by Purchaser (the "Punch List"). Seller will use reasonable commercial efforts to resolve all Punch List items in a reasonable and timely manner. Upon receipt of Acceptance and full payment for the Equipment, Seller will authorize Purchaser to use the Equipment (including the transfer of keys if applicable). In the absence of a written Acceptance delivered to Seller from Purchaser, Purchaser's use by of the Equipment or payment in full acknowledges Purchaser's full Acceptance of the Equipment and satisfactory completion of Seller's responsibilities under this Agreement. . Delays: In the case of new manufactured Buildings, Purchaser may not delay delivery of a Building for more than 10 business days after the Equipment is made available to Seller by the Building manufacturer. In the event such a delay lasts 10 business days, Purchaser agrees to accept the Equipment on the tenth business day following delivery (the "Outside Delivery Date") "as is, where is" and responsibility for the Building including liability and risk of loss shall transfer to Purchaser on the Outside Delivery Date. in addition, Purchaser agrees to make immediate payment in full for the Equipment no later than the Outside Delivery Date. In the event of such delay, Seller reserves the right to change its pricing for any Services. if Purchaser fails to conduct the inspection and provide Acceptance in a reasonable and timely manner(not to occur later than the Outside Delivery Date), Purchaser shall be deemed to have delivered Acceptance to Seller and shall pay Purchaser in full for the Equipment. SFQ-422380 4/17/2018 2:38:08 P Page 309 of 633 Equipment i rchase Agreement Terms and Conditions 9. Warranties: Seller extends and assigns any and all manufacturer's warranties related to the Equipment. There are no additional warranties. Warranty iscli er — EXCEPT FOR THE MANUFACTURER'SIWHICH ARE HEREBY ASSIGNEDC T THE EQUIPMENT, THE SERVICES SELLERBY ITEMS DELIVEREDIV IS, WHERE i " WITH FAULTSALL L DISCLAIMS, I RELEASES, LL LIABILITIES I I THAT SELLER KIND,MAKES NO WARRANTY OF ANY IMPLIED, IEQUIPMENT PURCHASED Y PURCHASER OR THE SERVICESLL ITHOUT LIMITATI IMPLIED F MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR , PERFORMANCE, LITY, DESIGN, WORKMANSHIP, CONDITION, TCAPACITY OR COMPLIANCE I . 10. Payment Terms: Unless otherwise stated in the Quote or Work Document, Purchaser shall pay Seiler the price for the Equipment and the fees for the Services (collectively, the "Charges") for the Equipment and Services as follows: (a)25% of the Charges are due upon signing and delivery of this Agreement to Purchaser, (b) 5% of the Charges are due upon delivery of the Equipment and /or Services and (c) 10% of the Charges are due upon Acceptance of the Equipment and/or Services. 11. Assignment Purchaser shall neither assign its rights nor delegate performance of its duties under this Agreement unless specifically approved in writing by Seller. 1 . Termination of Agreement: This Agreement may be terminated by Seller upon the occurrence of any of the following: (1) Purchaser fails to obtain credit approval from Seller, (2) Seller's business closes, (3) manufacturer's business closes and Seller is unable to obtain the same or similar Equipment from another manufacturer without additional cost, ( ) Purchaser requests cancellation and receives Seller's written approval prior to Seller placing purchase order for the new manufactured Building or (5) Purchaser's default. Otherwise, Purchaser's breach of this Agreement shall not constitute a termination of this Agreement, and Purchaser shall remain liable for the full performance of all obligations on the part of the Purchaser under this Agreement. 13. indemnificatiorr. Purchaser shall indemnify, hold harmless, defend and reimburse Seller and its directors, officers, shareholders, employees, agents, affiliates and assigns (collectively, the "Seller Related Parties") from and against all losses, damages, death, claims, injuries, costs and attorney's fees, whether or not caused by the concurrent negligence of the Seller Related Parties, arising from ( ) the loss of, damage to or destruction of Equipment or its contents (the "Contents") due to collision, forces of nature, fire or other casualty, (b) damage to Purchaser's goods or property caused during storage in or transport of the Equipment or the Contents, (c) any levy, attachment or repossession of the Equipment, (d) any fine, liens, tax, penalty, towing, impound or other charges arising from Purchaser's use of the Equipment, (e) Purchaser's breach of this Agreement, (f) the use, maintenance, operation, ownership, transport or rental of the Equipment by Purchaser or Purchaser's agents, O any pollution, contamination, environmental impairment and/or similar condition directly or indirectly caused by or resulting in whole or in part from Purchaser's rental of the Equipment pursuant to this Agreement or (h) any environmental statutory or regulatory compliance requirements applicable to any Equipment (or any use thereof) and required under any and all foreign or domestic federal, state or local laws, treaties, ordinances, regulations, codes, rules, orders, guidelines, policies or requirements of any governmental authorities which regulate or impose standards of liability or conduct concerning air, water, soils, wetlands and watercourses, solid waste, hazardous waste and/or materials, worker and community right-to-know, noise, resource protection, health protection and similar environmental, health, safety, and land use concerns as may now or at any time hereafter be in effect. The indemnification obligations of Purchaser hereunder shall survive the termination of this Agreement. 14. Seller's Remedies: In the event of any default by the Purchaser under this Agreement, Seller may: (a) declare the entire amount under this Agreement immediately due and payable, without notice or demand to the Purchaser, (b)sue for recovery of all payments, and other payments, then accrued or thereafter accruing, (c)take possession of the purchased equipment and any parts thereof,without demand or notice, wherever the same shall be located, without any court order or process of law and (d) sue for damages for loss of business profits, loss of revenue, labor costs, all expenses associated with the pick-up of the purchased equipment, attorney fees or any other consequential damage. SFQ422380 4/17/2018 2:38:08 P Page 310 of 633 paa-_Yza�. Equipment and/or Services Purchase Agreement Terms and Conditions 15. orFeesand Forum Selection: In the event of any dispute arising under or in connection with this Agreement or any action to enforce this Agreement or to remedy a default or breach hereunder, the prevailing party therein shall be entitled to recover from the non-prevailing party all costs and expenses related to such proceeding or claim, including, without limitation, reasonable attorneys' fees and expert witness fees. All claims brought by Seller against Purchaser or Purchaser against Seller shall be subject to and governed by the laws of the State of Indiana, venue for such claims shall be solely in and subject to the jurisdiction of Marion County, Indiana and no other jurisdiction. 16. Aifl9!O&_2L±!2ff2M For purposes of any notice required, Seller represents that its principal place of business is located at 9155 Harrison Park Court, Indianapolis, IN 46216. Purchaser represents that its principal place of business is located at the address set forth in the Quote. Notice mailed to the office of Purchaser or Seller shall constitute sufficient notice to comply with the terms of this Agreement. Notices emailed to Seller at notices@pacvan.com shall constitute sufficient notice to Seller. 17. Entire Agreement: The terms of this Agreement are intended by the Purchaser and Seller as a final expression of their agreement with respect to such terms and also as a complete and exclusive statement of such terms. This Agreement may not be modified or rescinded in any manner except by the written agreement of both Seller and Purchaser. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. SFQ-422380 4/17/2018 2:38:08 PM Page 311 of 633 I r r 1 is Containerhas .. ' I feature, so trappedworry about getting inside the container. Ouir securer thieves to defeat, bult r r is easy for r of PV31 Safe Secure Simple Convendonail container dam can bea The 3=Safety Container desig!t offers our Accessing the M Safery Container is very struggle to almn Our lack and kwerkam ,s highest level of security to Wp protectsirnplefor anyone to operzte.Justturn from bendingn opening r equipment.,tools and supplies, ,pull the lack pin pull down your container.preventing 3nju n the]ever. 'At #Sb1 t I,tl' a A 9c , eA I orY aml, _ r The emergency exit release allam easy The PV _ design ill s interior locking reds our single-handle era opening ftom in . l e rt`r aa d_ , cess solid brass iock easy entry when you owd to,firecitwnt4r W'in c6se on. you vdiW youre inside,you can easitly withhardenedste0l pin.You also have and cut of dw container supplies, t b the option i r substituting a n a n you and your tearn more efficient standard padlock throughout dw-Worway fill SI I t 1 z s� 4 Land and Sea Equipment Corp. 7-Quotation P.O. Box 940366 DATE Quote 1 0 Miami, FL 33194 - 0366 [4/E7/21 8 Phone: 305-499-9980 4/17/2018 1925 Fax: 305-499-9171 COMPANYNAME City of Boynton Beach P.O. O. TERMS DUE DATE REP FOB UPON RECEIPT 4/17/2018 JDS BB, FL IT DESCRIPTION OTY COST TOTAL 2EEL 20' steel containers, wind, water tight con n, unit to, 8 1,900.00 15,200.00 follow TRUCKING Ground delivery on our big 4 ' ler, 2 units delivered 4 360.00 1,440.00 together References: City of Hollywood, Tony Tiru/954-924-2980 954-815-5941 BSO, Greg Holness/954-321-4592 City of Ft Lauderdale/Dawn Ramage/954-495-3577 City of Miramar/Jeffrey Hughes 1954- 3-6951 Sales Tax 7.00% 0.00 Thank you for your business! Total $16,640.00 Page 313 of 633 Page 1 of 3 AW Are M i U bilff MM P7,f Quotation Branch Location: 5900 SW 202nd Avenue, Pembroke Pines,FL 33332 t! s' i�{ It Salesperson Name:Thometra Caplo v=�� !' ,o�, r ` Phone M(954)745-0027 Ext M 7055 Fox 4,(954)745-0030 JIM s ! Email:tcaplo@mobilemini.com +o Customer: Deliver To: Quotation:Sales BOYNTON BEACH CITY OF BO ON BEACH CITY OF Number:0000589429 ACCTSPAYABLFPOBOX310 3606 Quantum Blvd Delivery Date: 08/15/2018 BO TCN BEACH,FL 33425-03 10 Boynton Beach,FL 33426-8637 Quote expires 05/17/2018 i FdlionalfiPrice Per I*m 1 20'CONTAINER One Time $2200.00 T 1 DELIVERY One Time $211.00 N Totals Total Charges $2200.00 Total Delivery $211.00 Total Taxes 7.00% $154.00 Total Order $2565.00 T=Taxable N=Not Taxable Page 314 of 633 Page 2 of 3 Clarifications. This Quotation is based on the standard Icmis and conditions of the Mobile Mini Rental or Sale Agreement,Customer is responsible for all taxes,permits, fees,licenses,utility connections,foundation engineering,and the preparation of a level,compact 2000psf soil bearing capacity and accessible site.Mobile Mini does not warrant that the equipment meets any local or state code not specifically listed. Mobile Mini Federal ID Codes,DUNS#118062157,CAGE CODE 4 4 W7 All sales are final,Customer is responsible for all maintenance and repair of the purchased unit. Seller notifies buyer that seller has assigned its right(but not its obligations)in this quote,for the equipment described herein,to Mobile Mini Exchange LLC,a qualified intermediary,as part of an Internal Revenue Code Section 1031 exchange program, Mobile Inc.d/bla Mobile Mini Storage Solutions Master Lease Agreement Terms&Conditions 1. Lease.Customer("you")hereby lease from Mobile Mini or its subsidiary("hffir')all storage or containment units and equipment identified as part of this Lease and any Ram substituted or added units(collectively, This Master Lease will govern all firture rentals unless agreed in writing otherwise.Unless identified in writing as a sale,you shall not acquire any ownership interest in any Unit.The term of a Unit lease(`Lram")commences upon the date of delivery of a Unit and continues on a monthly(meaning every 29 days)basis(each a'TwW')until terminated as provided herein.You agree to pay MMI the lease charges,sales and prorated personal property tax assessments or comparable amounts,delivery,pickup and fuel charges,Loss Limitation Waiver charge,waiting time charges if delivery/pickup exceeds one hour on-site,and other charges set forth in invoices delivered to you(collectively,' ').Unless agreed to otherwise by MMI,all Charges are due monthly in advance without demand.Charges and terms of this Lease are subject to change upon notice to you and shall be effective upon the earlier of payment by Customer of its next invoice or the next Charges due date.You shall owe all Charges for each Period regardless of the number of days Units were on-rent and there will be no return ofCharges in the event a Unit is returned prior to the end of a Period.You shall pay as liquidated damages(nota penalty)S25 for dishonored checks and 15%of unpaid pretax Charges after each Charges'due date.If you have provided MMI with credit card information,you authorize MMI to charge your credit card for all Charges.You shall pay in advance the deposit indicated to secure your performance of a Lease.The deposit will be returned if Unit is returned in undamaged condition.MMI may apply the deposit to damage or Charges. 2, Delivery,Use and Removal. You may either pi p/ Units(upon meeting ASH insurance/indemnification requirements)or pay for MMI delivery/retum.You may store Units at your delivery location or pay MMI to store Units ata MMI facility and agree Units may be stored by MMI at an alternative location in MMI's sole discretion.By using Units you or your agent accept the Units as fire of defects,in good repair and working condition.You agree to inspect Units prior to use and to notify MMI in writing of any defect.Regardless of being in transit,at your location ora MMI facility,you shall be solely responsible for all loss,theft and damages(except ordinary wear and tear)to Units,Unit contents(' )and your premises or other property,for any cause whatsoever,including(without limitation)damages caused by theft,vandalism,forces of nature,leaking of any Unit,condensation,humidity,or damages relating to the delivery or removal of a Unit.You shall not allow habitation in Units or store dangerous,illegal,unsanitary,explosive,staining,malodorous or hazardous materials in any Unit,or alter any Unit in any way(including drilling holes, painting or affixing signs).You agree not to store collectibles,currency,software,heirlooms,jewelry,works of art or anything having sentimental value to you and waive any claim for emotional or sentimental attachment to the Contents,If a Unit is delivered and placed by MMI,you must contact MMI to relocate any Unit and obtain MMI's written consent or pay MMI's relocation rates.You shall pay MMI all Charges to clean,paint,repair,remove locks,make immediately ready for re-lease any Unit and to remove,store,or dispose of Contents.You shall keep Units freely accessible at all times for inspection and removal.If a Unit is destroyed,damaged beyond repair,lost, stolen or not returned,you shall pay the Unit replacement value plus applicable taxes.You assume fall responsibility for identifying and complying with local ordinances and for any fines or penalties resulting from your use or placement of Units in violation of such ordinances and/or regulations.You must call Mlvfl to schedule Unit return. MMI will attempt to schedule delivery/ oval of the Unit as requested by you but rental Charges will continue until return of the Unit is completed.You are responsible to remove all locks and clean and empty the Unit prior to return to MMI.MMI may remove all locks,empty Unit and any Contents left in Units may become MMI property without payment.You shall pay additional removal charges(including for failed attempts)if a Unit isn't ready for MMI removal or for changes in site condition.MMI's driver or agent way refuse a deliver3dremoval and MMI can charge Customer if such cannot be accomplished due to safety or potential damage.You authorize MMI to attempt to place Units pursuant to your instructions on a driveway or other paved surface accessible from a street,over your lawn or other non-paved area and you represent that any placement area will have adequate size,clearance and structural integrity to sustain the weight and size of the Unit(s),delivery truck and any other related equipment. Page 315 of 633 Page 3 of 3 3. Warranty Disclaimer.You shall maintain the Unit in good condition.You are responsible to weekly inspect the Unit's interior and exterior to assure it is in good working condition.You shall keep each Unit free from all liens and grant MMI a contractual lien and security interest(as of the date any Charges are unpaid and due)on all Contents and proceeds thereof to socure payment ofCharges.MMI MAKES NO WARRANTY OF ANY KIND,EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND YOU AGREE YOU HAVE SOLELY DETERMINED THAT THE UNITS ARE SUITABLE FOR YOUR INTENDED USE.You lease the Units"as is."MMI shall not be liable for any damages,loss of profits,loss of or damage top stored in or around the Units,personal injury,death or other damages,direct or indirect, consequential or otherwise of you or your agents or invitees for any reason.You shall indemnify,hold harmless,defend and reimburse hM and its directors,officers, employees,and agents"hQ&RdgWd-EAWd)from and against all losses,damages,death,claims,injuries,costs and attorney's fees arising directly or indirectly from(i) the use,placcmcnt,removal or condition of Units,(ii)the loss of,damage to or destruction of Units mod/or Contents(iii)any fine,liens,tax,penalty,towing,impound or other charges arising from your use of the Units or(iv)your breach of this Lease.Units shall not be attached or affixed to real property. 4. insurance and Loss Limitation Waiver("LLW").Neither you nor your insurer WWI have any claim(director subrogation)against MML INSURANCE FOR UNIT CONTENTS IS YOUR RESPONSIBILrTY--MMI DOES NOT PROVIDE ANY INSURANCE.You will provide prior to delivery or upon request a Certificate ofIns urance naming NM as loss payee and additional insured with coverage equal to the Unit replacement cost.The policy shall be acceptable to MMI in its discretion and provide for 30 days notice to MMI prior to cancellation or modification.Unless you maintain such policy,you accept the LLW and shall pay its Charge. LLW terms am published on www.mobileminuomILLW and hereby incorporated by reference.You acknowledge receipt of such terms and that they are part of each Lease.Your payment of the LLW waives your liability for Units(not Contents)up to the replacement cost of Units subject to certain limitations. 5. Miscellaneous.hM may teritrinate this Lease at anytime without notice.Each of the following constitute an"Event of (a)you fail to perform any term of any Lease,(b)you have bankruptcy,reorganization or insolvency proceedings threatened or instituted,or(c)MMI has a reasonable belief ofan anticipatory default by you. Upon an Event ofDefault MW may,without legal process or notice,terminate a Lease,enter any premises,repossess Units,remove any looks on property or Units, remove Contents without regard to their protection or pursue any other remedy available.You grant Mhfl access to your properly and permission to enter day or night, remove locks,disconnect a utilities and repossess Units.If a Unit is repmsessed,you approve MMI to remove Contents or exercise its Contents lien and you will have no claim for damaged Contents.If you do not pay all Charges due and remove all Contents from MMI premises,you grant MMI permission to dispose oftsell Contents in accordance with applicable state law and apply not proceeds to unpaid Charges.Customer releases and agrees to indemnify MMI and MMI Related Parties from any claims for trespass,conversion and any damages arising from repossession.You agree to pay,as liquidated damages,MMI's collectionhepossession/disposal fees,attorney's fees and any other cost incurred by any Event of Default or the exercise ofMMI's remedies.Repossession shall not relieve you of your obligation to pay Charges owed.Nor y herein is exclusive and shall be in addition to any remedy herein or otherwise available to MMI.If seeks to recover or repossess Units by means of"writ of replevin"or similar method,you waive any bond posting requirement.Acceptance ofpartial payment shall not constitute a waiver of MMI's right to full payment Any endorsements appearing on your cheeks shall not affect Charges owed.You shall not sell or sublease a Unit or assign your duties hereunder.MAU may assign,pledge or transfer this Lease without your consent.Except as provided in Section 1,a Lease may only be amended in writing executed by the parties,shall be governed by the state laws where this Lease was executed by MMI("Jurisdiction")and contains the entire understanding of the parties and supersedes the terms of any purchase older or similar docurnent from you or any other agreement among the parties,Any suit regarding this Agreement shall be brought in the Jurisdiction provided that WE may bring suit against you in any county where the Unit is located.If any term hereof is unenforceable,such invalidity shall not affect the enforceability of the Lease or any other provision,This Lease may be executed in multiple counterparts and by electronic transmission,each of which shall be regarded as an original and constitute one instrument.Your indemnity obligations shall survive termination of a Lease.You agree that MM's total liability under this Lease shall not exceed$5,000.MMI,you and your agents or invitees waive any right to trial by jury for any cause of action brought against NDO or ABU Related Parties.Both parties agree to exclusively abide by the notice,access,lien and sale procedures herein and waive to the fullest extent possible any legal requirements for other access,lien,notice and sale procedures. Page 316 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT VII T T 100 EAST BOYNTON BEACH `rP P.O. : 181000 T !1 3 DATE: 05/17/18 VENDOR 2901 SHIP TO: TO: TEN 8 FIRE EQUIPMENT INC City of Boynton Beach 2904 59TH AVE. DRIVE E. FIRE STATION NO. 5 BRADENTON, FL 34203 2080 HIGH RIDGE ROAD BOYNTON BEACH, FL 33426 i �.O ISVTM O, 71372 O D NG DEPARTMENT: OUI;DA/ FIRE _____________________ DA'B'S I EEDE . ryWD O DOMISSION APPROVM M�I I,� �I! i d I flll�i �'1iiillillll', EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 13 . 00 EA ECO-101D/J HOSE 5"X1001 YELLOW 571.5900 7430. 67 /5" STORZ key-d 50-600y-100 t list 372 .0b VENDOR IT O.`= KEY-RLD".' =100 2 12 . 00 EA ECO-10.:. 3"X:50' ITE :LIQH..WEI( 160.2300 1922 .76 D CPLD 2 65" list 429.00 less40°6=257.40 VE._ QP; 1Z`EM 1�T ::m KEY-E10=30 : 0 3 17. 00 PFS /J DOSE, 2 5"�€ 0' , O „ E X1 :;3500 3099. 95 l: st '3'87.x0 less 410k 232 .:50 vum OR ITEM NO . . Y :DP25FDNY0-5 ' 4 15 .00 EA PDWY ;D/J ;HOSE, 1 75X50 , YELLOW 13,1,--:.2.5r..0 0 1968 .75 list 304.00 less fl -182 .40 VENDORITEM NO:...- Y= I?18-800FD:. Y5`0 5 4 . 00 E :> T-R Y'' .X. 75:"X50' GREEN 27'5. 000 860 . 00 list 566: 00 I-- ss 6%-=339. 60SlE':OR ITEM NO:;- Y-CR-1.7G-50 6 1. 00 E:CO :10D/J HOSE "X30 YELLOW 138 0000 138. 00 W-ITS:::STOR z list 600 .60 :less 40' ..=360.36 VE10OR ,ITEM NO. - XEY=E10>:-50Y-30 7 1. 00 EA B .0 10: DBL JKT 3"X10' CPLD. 2 .5: $50000 85. 00 list 169, 0 leas 40%.=101.;40 V Oft IT. NO.. KEY4DP30-S:0®' 10' REMARKS a FIRE HOSE FOR NEW ENGINE; .............. ...�.. __. - ......_. PROf T SSff'1tIOD '°O TOT : 15 505. 13 ACCOUNT NO. PROJECT 001-2210-522.52-67 PURCHASING Page 317 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: I91000 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/17/18 VENDOR 2901 SHIP TO: TO: TEN 8 FIRE EQUIPMENT INC City of Boynton each 2904 59TH AVE. DRIVE E. FIRE STATION NO. 5 BRADENTON, FL 34203 2080 HIGH RIDGE ROAD BOYNTON BEACH, FL 33426 REQU10TION NO. 71372 ORDEMNG DEPARTMENT. c' UID FIRE DATE NEEDED: BID NO COMMISMON APPROVED: EXT ENDED LINE# QUANTITY UOM IT NO. AND DESCRIPTIO N UNIT COST COST QUOTE #Q175794 *FREIGHT CHARGES INCLUDED* PROCUREMENT SEW'E'13 FCC OUNT NO. PROD ECT 001-2210-522.52-67 �C-Omml�smc PURCHASING Page 318 of 633 00 co Ln U) ri Ln Ln M I ON m w 0 w m Ln N ON w w m w 0 m 0 m w H Ln r-I m r-I Ln 0 > R's U z Kur I H H H H H H W M E H CR F4 N Dq HW r• pi go : 10 W >1 CD z 0 DQ0 0 M fy : I :,-- V) z H H I-i : P4 0 0 " E, m z ON me 10 U p z N C'4 z �ODI I D4 pq z �.m 0 z 02 ow H j14 Z 1� 04 HH P4 W� C4 p rteF4 0 0 I pq F-i El E-1 CY AN CY : : 03 pq W En z M n r r H m W 0 pq U 0 U 54 >4 >4 �i >1 >i z 0 1 P4 P4 124 P4 P4 P4 Ff 04 H Ea pq 04 PQ N pq N WN WN WN IA M P4 P4 aa 004 004 as com CY U 1 1 mzmzmzmzmzmz 0 0 0 0 0 0 0 0 w CHCHCHCH H H .1 zwzwzwzwRw2W W F4 In HMHMHMHWHMHM a LD 0 W 0 i m a4 m N 1 omomomomomom u w I I M1 r- r, r- h r- CL)k4 H 0 IZ4 Im 0 z I I i t Ln In In in LO m .141-1 H 0 l I Ho 0 O O 0 0 V H I I H H H H mi rB r; 8 0 p : : ON 0 ;1 04 " N N N N N u 0-ho E 0 H I I UH rq T-4 A Iq H H uc) CD C) 0 0 0 Ht c. 0 0 0 0 0 0 U$4 -1 0 H WW 0 H W k-i 04,q 44 Q : 1 #P H 4J 0 V M 04 w .4 010-1 ON 0 W FA H w (d Z pd 'W Ln W 0 P4 rn m M P4-- W �J N Lp M 0 Page 319 of 633 m m H H 0 ., to lfV un H to Lf} Lf) o o Ot H H Li} Ot a rn o a Ea ts7 W a ® o y+ o i ut ® a n r Oa ,-i Ht o M0 r7l W Q U W Pe Q t pr pq FA H , t � i a t H i U tW H i rA t 10 U M Pr � ur t rxl a H n ®c N �' 4 r+1 ' ' W O o a ra • Ey HU a [v Ce o m o m us L!y a ow m m o t H H m H Ln M ra Ln H + v] N 07 ry W _' o o o a o o M m ion N 0 a Cwt 0 ®® O O W 90 o 0 [� ® O b d rt cv a ® o C` ri a O H H a » r w m M (n c H HH N E� z Ln r4 H ri cV H zu3 h w HO H Ln Q a H ri H i7 a 94 H �+ 9r � OR w 0 0 o 0 0 z 94 1 P4 04 r4 IX cq Ln CO H KG d H H H H H 114 w w CYi H Q x � w r=a H 0 " ° Ln U a �t c a wa HI w PaCA Ln 0 w \ Ut C!] w Ut co u] to to H Ut rn H �Ul Qr tms M W W ry w W H w t� U ` P I+U U � p u >y U >a U a >4 Uto z �[> O O HH LyH HH E-4H w W7 w> U' t-1 W y w N W 00 pq Ln 94W w 4 pq w tow a 4 w 4 w H� a NCn-U] w0fh ca Oc m >H U! Ix mm r wom 0tom Eta esus V OW - wM w o >+ M >+ H w>t - •w>4 >i >+ > to H N a E 1 r H -cvC9 E« - cV IX H - M P4 E-+ o ff r+ >4 H F+ - Hw Gt75H - MHW WHM OMHN - WHW UGH E-4 M134 o RNN4 HNN oN%N W H N N MM 44 F74 0MD4Fw H Out rA �C 3Cr�dH woH = off r-®H LnoH ® off HaE• RH uSO PHLS FH-IwH ta Ln vH Bd Hs$ h HLb LA wH es M v H Ls H ami M w mt3wCV tt2 w Hm w W w Mm h O w WritltU wu m W mux m a mmU m >+ z ooaWW raw aW W� bt�M Oas w H®JwH LO xrrvaw �r+utkt Ly dz + 00 .. .. Lryo 00 .. .. 0o .. .. ® .. H O FjW •>+ MoSi u}>+Q 0>+q o Q t >aQ p�00>1Q Ho Ln H H �.' cvHO = •HO HO E+O a •EyO Q •HO O H O H = Pot-HE MorH I'D P•H E t-3vH i WH 0H QMH H Rt - LnMp cv 0 --• to ~-•oQ H`eq - o Eoq N O H 0 00 V00 MM00 AMOO moo 0WOO oH00 UO�H-t H a 3 H Lj U -t U u U EU U -i U o to U i t is t is V w :m 41 �t tis as H O us py.mO 0m0 R.Mgp m0 Omd 0rn0 (hwo b H U Qs•gUcn U•riUC) -rtUul Q•rlUct) U•rIUUt U•+iUUt w-r�Uu} ,. a q wxri r4 Cwr1 D4—1 H w m H a zH Q Page 320 of 633 CITY OF BOYNTON BEACHREQUEST FOR PURCHASE OVER $10t000 5/15/2018 Requesting Department: FIRE RESCUEt . J. DAVIDSON Explanationr PURCHASE P FIRE HOSE FOR NEW FIRESTATION r lir rc 1 � X5.1 Source materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing propossi for purchase must be presented In the same detail contained within the contract, und Source for Purchase: 001-2210-522,52,67 [Approvals: Department Head Date urcl� ifAgent Date Asst City Manager Date LCIt�yManager _ t Form Revised 0=1102 Page 321 of 633 r Sales Quote Page: 1 Sales Quote Number C1175794 Salesu 018 IN SERVICETO V TEN-8 FIRE EQUIPMENT. , Customer ID BOY 2904 69TH AVENUE DRIVE SalesPerson DAVID NUMMELA DENTONFLI len-B Contact Bruce Sc ott a Ph 8368 Fax941-756-2598 Sell To.- Ship To CITY OF BOYTN BEACH CITY OF BOYNTON BEACH FINANCE DEPARTMENT 2080 HIGH RIDGE ROAD P.O.BOX 310 BO TON BEACH,FL 33426 BOYNTON BEACH,FL 33425-0310 Payment Terms. NET 30 DAYS Ship Via:STANDARD DELIVERY item No. Descdletlon unit Quantity e Total Price Y-E10-50Y-100 ECO-10'D/J HOSE 5'X 100'YELLOW /S'STORZ EACH 13 571.59 7,430.67 KEY-DPS 00Y 100-ST list 1372.04 less 40%=823.20 Y-E18-30W-50 ECO-10 3'X 50' ITE LIGHTWEIGHT D/J CPLD 2.5" EACH 12 16023 1,922.76 list 429.001 =257A0 Y-DP25-FDNY-0-50-ARN FDNY /J HOSE,2.5"x SUORANGE EACH 17 182.35 3,099.95 Est 387.50 less 40%=232.50 KEY- P18-8 -FD YY50 FDNY DO HOSE,1.75"x 50,YELLOW EACH 15 131.25 1,966.75 list 304.00 less 40%= 1 2AO KEY-C -17 -50 'CD AT EAY'.1.75' 50'GREEN EACH 4 215.00 860.00 list 566.00 less 40%=339.60 Y-E10-SOY-30 ECO-10'D/J HOSE 5"X 30'YELLOW WITH STORZ EACH 1 138.00 138.00 list 600.60 I =360.36 KEY- P3 -AN 10' BIG 10 DBL JKT 3'X10'CPLD 2.5 WHT EACH 1 85JH1 85.00 list 19.00 =101A0 INCLUDED FREIGHT CHARGES INCLUDED EACH LAKE PRICED PER LAKE CO.CON CT EACH LAKE2 #17-0606L EXPIRES /30/2018 EACH cpIgs laser etched with hose numbers year/month of manufacture Amount Subject to Sales Tax 0 SubtMk 15505.13 Amount Exempt from Sales Tax 15,505.13 Invoice Discount 0.00 Total Sales Tax: 0.00 TotA 15,505.13 Quote € :Bruce This u valid until 11 Page 322 of 633 Quote ' ES M" MI Gum# t 117 MUNICIPAL EMERGENCY SERVICES ! 1 3789 62nd AvenueI K Pineffas Park,FL 1 Shipping ill CITY OF BOYNTON BEACH CITY OF BWNTON BEACH 2080 HIGH I HIGH RIDGE ROAD BOYNTON BEACH FL 33426 BOYNTON BEACHFL 33426 United s United States FIDE UIPY Hose Y i 563.50 7, FIREUIP YE X� ITE 12 170.OD 2,040.00 V5250B SUPE E 17 174.00 2,958.00 VS17YB DJ6WVIGTDRYl.76X50NSTYELL0W15 146.00 2,190.01) FI EQUIP Hose C 17 B CM17GB 4 218.00 FIRE UIP Hose DJ IODD Combat Master Flaw 1.75-x So' GREEN FIREQUIP Hose DJ50Y30 DJ50Y30 1 281.18 281.W FIREQUIP Hose DJ OW 5"X 30'YELLCYW WITH STORZ FIRE UIP Hose 0,130WIG DJ30W10 1 70.60 70.50 FIREQUIP Hose DJ SOD Wx 10' WHITE FREIGHT INCLUDEDSubtotal15,737. Lwer Engraving or Factory Stamping Included 00 Defiver 3 to 5 weeks Shipping oftJ $15.737.01) This Quotation i toapplicable sales t ship in handling charges t a y.T and shipping char e are side 'mat and ill a recalculated t time of i s ensure y t into a the m r I t Information. 1 returns must be processed vWftndays of receipt and requireurn authorization number and are subjectto a restocking fee. Custom orders are not returnable.Effective tax rate Will be applicable at the time of invoice. T117 Page 323 of 633 Quote Order# 401294-00 Entered Date' Taken-="-,-,-- 4127/18 DW01 Re eted:Sal Date 4127118 SRVbV?ffifiVA7Ad Ilj To\ EACH ondence Tol Municipal Equipment Company,LLC - phone:800.228.8448 P.O.BOX 310 fax:877,775-2448 BOYNTON BEACH,FL 334250310 PO BOX 745023 Atlanta,GA 30374-5023 Customeri 2260 [Kh L��TJBOYNTON 13EACH FIRE STAMI Instructions 100 E.BOYN BEACH BLVD QUOTE EXPIRES ON 6/27118 BOYNTON BEACH,FL 33435 via MUNICIPAL EQUIPMENT Best Way NET 30 DAYS FLORIDA Amount Line Product and Description Order Quantity OW UM Unit Price Price UM (Net) 1 FC50XIDDYSDS 13 each 760.00 each 9,880.00 PONN CONQUEST LARGE DIAMETER HOSE WITH YELLOW DURACOTE TREATMENT,100-X 5" COUPLED 5"STORZ 2 FC50X30Y50S I each 375.00 each 376.00 PONN CONQUEST LARGE DIAMTER HOSE WITH YELLOW DU RACOTE TREATMENT,30-X 5" COUPLED 5"STORZ 3 D3050 5N 12 each 200.00 each 2,400.00 NATIONAL 8D POLYESTER DOUBLE JACKET RUBBER LINED FIRE HOSE,WHITE,50'X 3"COUPLED 2.5" NST 4 83010 5 I each 108.00 each 108.00 NATIONAL 8D POLYESTER DOUBLE JACKET RUBBER LINED FIRE HOSE,WHITE, 10'X 3"COUPLED 2.5" NST Page 324 of 633 Quote Ordor 401204-00 Amount 6 Line Product and Descripson Order Quantity Qty UM Unit Price Price U (Ney ! 5 '8D2550O25N 17 each 150.00 each 2,550.00 NATIONAL 8D POLYESTER DOUBLE JACKET RUBBER LINED FIRE HOSE WITH ORANGE DU COTE i TREATMENT,50'X 2.5" 0 uUuPL D 2.5"NST 6 FC17X50YISN 15 each 227.00 each 3,405.00 PONN CONQUEST FIRE HOSE I WITH YELLOW DU COTE TREATMENT,50'X 1,75"COUPLED 1.5"NST 7 FC17X56G15N 4 each 227.00 each 908.00 PONN CONQUEST FIRE HOSE WITH GREEN DU COTE TREATMENT,50'X 1.75"COUPLED 1.5"NST 8 M 0.00 EA 0.00 Memo: i PRICES QUOTED INCLUDE FREIGHT 8 Lines Total 64.00 Subtotal 18,626.00 Total 19,626.00 I 2 Page 325 of 633 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYON BEACH BOULEVARD P.O. BOX 310 P.O. #: 181010 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/21/18 VENDOR 14283 SHIP TO: TO: ANZCO, INC. City of Boynton each 9671 CAROUSEL CIRCLE SO UT PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33434 222 N.E. 9TH AVENUE BO ON BEACH, FL 33435 REQUISITION NO. 71346 ORDERNG DEPARTMENT: FACILITIES/JL DATE NEEDED: BID NO: COSM APPROVED: EXTENDED LI NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 11800. 00 DL EPDXY AND LEVEL TENNIS CENTR 1. 0000 11800 . 00 FLOORS 1 . Remove, prepare and install neogard s��rrtem in existing bathroom "i" .... .... 2 Incl,ud,e::: ;1:/ base..o� :o-s a r: 3 . Rerr . ,e: T -i� n4ov. --i"' i S't toilet .. L .. :7 ' . . ...... ... . .. ....... #33117 mol, . . . . . . ... .... ............ PROCUREMENT SERVI P.O, I'OTAL.- 11800.00 ACCOUNT NO. PROJECT 001-2511-519.49-17 EO:M�W:SfON APPROVED: -and ------------ �TOTA�L- PURCHASING Page 326 of 633 Ln m I $ 0 U 6 P4 H H 0 0 04 H� U 10 u 14 Poo -1 H Ul E-1 ED 10, L)UP IA U a XNE.o ;UE: I ocovm I PH I O O I I C3 m GIS W 0 C; 94 F L) a 0 1 I O C) 0 W I CD ,q r-I rT4 0 04 L; C) CC) HMOCD 000. Ix �2; 1 cz 000 0 Ce m U C) 0 0 C)cs >4 C p ry C) W 0 E.C14 0 U ci z 0 ODM�P CD M 0 H �i v Ln C) in r-I H V, M E, 0 0 U Q 0 P4 E-1 C; 1 V) 0 I 0 H D P CY IP34h 64 1 W 0 FA : z z C3 P4 H P 1 G I 0 W ul H 0 M 0 P4 Da cn 41 M 41 1 co 10,00) -01 00 4JJ DQ 0 m w MON P� w a -rA V4 P ul m1 U—i 9 0 14 0 OPP4 P �4 1 14 P4 1 00 0 HO wow H (a 1" - d' d) 6-1 9 6 1 14 H N 0 M4,1 Z S4 U P rd ON vXE-i Ir-i G.3 P4 1 14 S404 m 0 MWH C40 v -i V M L) m m lw 0I r-1 -r-I 0 m 0 I 0 (d (a W 44 0 1 -A a) 51 Q I F r1 $4 CQ 0E-10 r1 m0 74 5, 0 R 04 Id 0 H 0Cq U P 0 F-I U 9000 U H w 0 F-i I U I U 7r V 0 H Ix I O O .0 14 0 U5 1 0 i O I H m m O P Da IX -Hr-4 r-q CA 93 i H a)N m i N r.ed a) w p! H 1D 440 Q) W 0(d 0 IX 43 Ei W Page 327 of 633 Ott X14OF BOYNTON piVt to 7)V[� - ONO je. ER vqp f4c 'i and SNAM Contmat Number. 01W DQWrtm@M Hand -LAnq Agent Deb city Nbnager r g';•' �„�M,.�� x ,u�, �„�.„P-x,.,, ,.�.�.�.,�._..:,� M�_..��...�..�,� .��.�..�, ,.mow.. .,�.�,...n,,,, ..�.._..�,w.. »...��... uu � e m_ Page 328 of 633 REQUEST FOR OFFICE ASSISTANCE Ile Date. FROM -PRIORITY/DATE NEEDED BY: 0 Copy Work - Number of Copies: Double-sided/Collated & Stapled Distribution, [3 Type from the attached{t i ll (to be forwarded upon request) [I Request for 121/Direct Pay Req.for the attached Vendor or person to be reimbursed: project No.: Account Number: Request for Requisition - Vendor: '4A- 6Led 0project No.: Account Number: .90--/ — List Items w/Guantities&Unit Costs on the back of this request. Cost: a Verbal Quotes($500 to$1,999): or: Cost: Vendor: Vendor: Cost: a Written Quotes ($2,000 to$9,999.99)-Attached. Written Quotes ($10,000 to$24,999)w/Purchases over$10,000 Form-Attached. a Bid/City(Over$25,000), Bid# a Bid/Other Entity(over$20.00): Bid#, Bid Eff. Dates, & Bid Quotes-Attached. E3 File As: 0 OTHER: Special Instructions: Od Request completed by: Date comPleted: 7 please sign and return t his forin to the Office StOWs Inbox; feel free to make any comments below Page 329 of 633 A ANZCO 1009 NW 3 I't Ave. Pompano each,FL 33069 Phone:754-222-6697 Fax:954-532-2624 Boca Office Phone.561-488-0822 Proposal Date: 4/11/18 Quote No. 33117 Project:Tennis center bathrooms 3111 S. Congress Drawings:jobsite visit Atte�tlon: Gall Mootz Dear Gail, We propose to furnish supervision, labor, and equipment and materials to perform the*- following scope of or : 1. Remove, prepare and install nd system in existing bathrooms. 2. include 4 Y2 base. 3. Remove and replace existing toilets. Total costs $11,800.00 Exclusion: portable toilet rental Schedule 10 days If there are any questions please ton hesitate to call. Sincerely yours, John B. Zak Page 330 of 633 McTeague Construction Co., Inc. POSPOSAL City of Boynton Beach May 2 2018 222 N.E. to Ave Boynton Beach FL 33435 Attn: it Mooyz Project: Tennis Center 311 S Congress Ave 1) Demo existing floor 2) Prepare concrete using steel shot blast and dustless grinding preparation 3) install 1/8' Hybri-Flex Flooring system with matching 4 "int al cove base manufactured by Dur-A-Flex inc. 4) Both men's and women's bathroom Total $ 14,375.00 Michael H McTeague McTeague Construction Co Inc. 624 S.E.Central Parkway Stuart FL 34994(772)286-6100 Fax(772)286-7230 E-mail mcteagueconstruct@att.net Page 331 of 633 4/30/18 PROPOSAL Talley Walker Services Inc. LIC# CGC-060030 5208 Palm Way Lake Worth FL. 33463 561-719-3101 To: City of Boynton Beach 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach FL. 33425 AT it Mootz Location: Tennis Center 3111 S. Congress Avenue Boynton Beach FL. 33435 Install Neogard Epoxy flooring system for the Tennis Center restrooms, men's and women's approximately 300 sq. ft. each restroom. The existing floor covering will be removed for the new epoxy to ret the surface. The System will go up the wall approx. 4-1/2" around the entire perimeter of the bathroom interior, $159425.00 Total Price All work is guaranteed to be as specified.All work to be completed in a woriananlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. Page 332 of 633 Wffi Account Balance Inquiry Fal year. 2018 PAcount number: 00125116194917 Fund: 001 GENERAL Department, 26 PUBLIC WORKS Division- 11 FACILMES MANAGEMENT state aellw9r. 51 GFNERAL GOVERNMENT SERV Sub ac"WRY: 9 OTHER GENERAL GOVT SERV Element: 49 OTHER C C Object: 17 OTHER CONTRACTUAL SM Budget: 170.000.00 Encumbered amount. 79,261.60 Pro-encumbered amount: .00 Expendifurez: 67,519A8 Total expenditures: 136,781.09 Balance: 33,218.92 Requisition number: RequIsMoned by: Requisition account amount. 0000071345 FACILITIES/Z 11600.00 J ox ............ Page 333 of 633 6.L. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Legal Expenses- May 2018- information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Outside counsel has not provided the May 2018 invoices to Risk Management and therefore their April 2018 statements are included. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Summary Goren General May D Attachment Goren Cherof Doody & Ezrol May 2018 Invoices D Attachment Summary Goren Risk May D Attachment Goren Cherof Doody & Ezrol May 2018 Risk Litigation Oversight invoices D Attachment Outside Risk Counsel Summary April D Attachment Outher counsel invoices April 2018 Page 334 of 633 Goren, Cherof, Doody& Ezrol, P.A. - May 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 97.5 Hours 17,500.00 Labor-general 3,303.65 Red light camera 5,114.30 Special Fire Assessment 205.00 Unsecured Creditors of Tribune 0.00 Memorial Park Replat 0.00 Litigation 4,076.50 Model Block Right of Way 325.95 Regions Bank(Germain, Cedyl) 0.00 Olen Properties Corp 353.50 HSBC Bank(Murray, Paul &Willie Mae) 0.00 Chandler, Nancy(RIC MAN) 25.00 Ditech Financial (Sainfleur, Felix) 0.00 FNMA vs Fils, Mikel Jean 0.00 Predelus, Love (HUD Complaint) 3,816.85 Reed, Gernard (Deutsche Bank Foreclosure) 0.00 Po Ying Sem,Trustee (Stanley, Edmund) 0.00 Wells Fargo (Lorme, Gilbert) 82.00 Nationstar Mtg (Meeks, Richard &Takeeta) 0.00 Secured Holdings 0.00 US Bank Natl Assoc(Demore,Julie Ann) 205.00 Town Square 29,684.85 Purchase of Parry Village Util Syst 0.00 HUD Housing Discrimination 0.00 Villa Del Sol Condo Assoc 0.00 Riverwalk Development Agt 0.00 Bank of NY Mellon (Naurelus, Iglad) 82.00 IAFF Grievance: Promotional Exam 110.00 6th Ave RW Ded BBCRA 0.00 The Crossings of Boyn Bch Condo 0.00 US Bank (Jackson, Alissa) 0.00 Purchase of Col Est Utility System 0.00 TOTAL General Legal Costs-May 2018 64,884.60 Page 335 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0005370 Boynton Beach FL 33425 STATEMENT NO: 20323 Attn: Lynn Swanson Special Fire Assessment HOURS 05/23/2018 MDC Review materials, proposed budget schedule; prepare annual assessment adoption memo. 1.00 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 336 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603180 Boynton Beach FL 33425 STATEMENT NO: 20324 Attn: Lynn Swanson LABOR- General HOURS 05/01/2018 SHB Receive and review various correspondence from HR re: training matters; meeting with JAC to discuss. 0.60 05/02/2018 JAC Preparation re: C. Cain pre-determination conference; review records. 1.20 05/04/2018 JAC Prep for, attend and follow up- Coin pre-D; follow up emails w/attorney Garcia. 3.20 05/09/2018 SHB Receive and review Prince just cause documentation; follow up with Oldbury. 0.60 05/11/2018 SHB Attend pre-determination conference for Brown at City Hall. Attend pre-determination conference for Antico at City Hall. Discuss pending discipline matters with Laverriere and Oldbury. Discuss pending matters with JAC. Discuss pending matters with Oldbury. 5.00 05/16/2018 SHB Discuss various employee training matters with HR. 0.30 05/19/2018 JAC Research and review re: IAFF promotional exam grievance and arbitrability; review IAFF proposals re: monetary issue. 1.60 05/23/2018 RAA Research question on citizen going out to assist with emergency calls; Review Good Samaritan Act provisions; Review other applicable statutes and legislative history; Review Attorney General Opinion; Draft memorandum re: research conclusion. 2.60 05/30/2018 SHB Review Corum pre-d documents and follow up with Oldbury. Discuss IAFF grievance matters with JAC; follow up with Oldbury. Telephone conference with Oldbury re: grievance and arbitration matters. 1.00 FOR CURRENT SERVICES RENDERED 16.10 3,300.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 6.00 $205.00 $1,230.00 RYAN A.ABRAMS 2.60 205.00 533.00 SHANA H. BRIDGEMAN 7.50 205.00 1,537.50 Page 337 of 633 Page: 2 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-0603180 STATEMENT NO: 20324 LABOR- General Photocopies 3.15 TOTAL EXPENSES THRU 05/31/2018 3.15 TOTAL CURRENT WORK 3,303.65 BALANCE DUE $3,303.65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 338 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 20325 Attn: Lynn Swanson Red Light Cameras HOURS 05/03/2018 MDC Review SCT opinion (Jimenez); telephone conference with SB coordinate update to City. 0.50 SHB Receive and review Jimenez supreme court opinion; update Commission. 0.30 05/04/2018 SHB Follow up re: status of Hollander appeals and supplemental authority matters. 0.30 05/09/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. Research re: binding authority of Supreme Court decision; discuss with MDC and Weissman. 1.00 05/11/2018 SHB Prepare and file Notice of Filing -Jimenez supreme court opinions. Prepare and file notices of intent to rely on business records for use at trial. 2.50 05/14/2018 SHB Follow up with PD staff re: NOI processing matters. 0.30 05/17/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.40 05/22/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. Follow up re: status of pending trials and NOls needed for trial. 2.40 05/24/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 3.50 05/29/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.10 05/30/2018 SHB Follow up with PD re: size of evidence packet; correspondence to Tayson Gaines re: request for copies of evidence. Prepare and file notices of intent to rely on business records for use at trial. 3.10 05/31/2018 SHB Prepare and file Notices of Intent to Rely on Business Records for use at trial. 1.10 FOR CURRENT SERVICES RENDERED 19.50 3,997.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.50 $205.00 $102.50 SHANA H. BRIDGEMAN 19.00 205.00 3,895.00 Page 339 of 633 Page: 2 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-0806020 STATEMENT NO: 20325 Red Light Cameras Photocopies 13.30 TOTAL EXPENSES THRU 05/31/2018 13.30 11/27/2017 Prestige Reporting Service- Invoice 17-46452 903.50 12/17/2017 Prestige Reporting Service- Invoice 17-46592 95.00 04/28/2018 Prestige Reporting Service- Invoice 18-47862 105.00 1,103.50 TOTAL ADVANCES THRU 05/31/2018 1,103.50 TOTAL CURRENT WORK 5,114.30 BALANCE DUE $5,114.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 340 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9001821 Boynton Beach FL 33425 STATEMENT NO: 20326 Attn: Lynn Swanson General Matters HOURS 05/01/2018 DNT Review correspondence re: ordinance amending code sections related to wireless comm facilities in the right of way. 0.40 JAC Onsite office administration; closed file review; prepare for and attend Commission meeting; review mangrove trimming issue; prepare for opioid and gun regulation discussion; letter to Brinkman. 5.70 SHB Telephone conference with Laverriere re: property registration ordinance matters. 0.30 05/02/2018 JAC Commission meeting follow up; review IAFF grievance and reply to JO; review Sims Center issue; review DEP issue - mangrove trimming. 2.80 05/03/2018 DNT Review Jamaica Bay water service agreement partial release; review 500 Ocean sidewalk easement. 0.60 05/04/2018 SMS meeting and prep with CAO attys re: advisory boards and committees meetings/assignments and dated 0.10 IS Meeting and prep with CAO attys re: advisory boards and committees meetings/assignments and related projects 0.30 JAC Onsite; office administration; meeting follow up; calls re: procurement issues conference with SB re: Red Light Camera ruling and statutes; review DEP permit issue; review Hypoluxe Agreement. 2.70 JGH Meeting with prepare with City Attorney's Office regarding advisory boards and committees meetings/assignments and related matters. 0.30 05/07/2018 IS Review email re:: hearing tomorrow on Boynton Beach police matter and advise JAC of same via email 0.30 IS Review statutes and code re: trimming of mangrove trees; Placed a call to Stacey Cecil to inquire further and will follow up on Fri.when she is back in the office. 1.10 DNT Review and revise agreements for use of church parking lot for special events. 0.60 KLE Review documents re: Frances Gray, research PACER, conference with Jim. 0.60 JAC Check updates on gun and opioid cases; review strategic plan info; review chronic nuisance status; review mangrove-DEP permit issue; review Garber arrest issues. 3.20 05/08/2018 IS Telephone conference with Gary Dunmyer re: mangrove tree trimming 0.40 Page 341 of 633 Page: 2 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 20326 General Matters HOURS JAC Review agenda matter; review procurement issues and statutes re: IT issues. 1.80 DNT Dictate and revise ordinances for revisions to chapter 12 and 13 re: wireless communication facilities and personal radio equipment. 1.90 SHB Telephone conference with Laverriere re: PRR matters; review PRR and follow up with Laverriere. Receive and review Chronic Nuisance data from City staff. 1.00 05/09/2018 IS Review email and documents re: ownership of property in Leisureville; Review PAPA and Sunbiz and e-mail client regarding opinion on entity that owns same 0.40 IS Review and revise Indemnification Agreement for BB/Bright Guard Contract 0.50 DNT Telephone call with Ed Breese re: tolling of development order due to executive order issued by governor; research tolling statute for expiration of development order termination date; finalize ordinance amending HAM radio and TV antenna provisions. 1.30 TAD Confer with City personnel re: lease issue. Confer with lessor re: lease issues. 0.40 JAC Onsite office administration; review records re: move and retention requirements; review pending tort litigation assignments and discovery issues. 3.10 SHB Correspondence to Lexi Sanchez at Prochamps re: property registration ordinance matters. 0.30 05/10/2018 IS Review Section 403 F.S. for rules and regulations re: mangrove trimming; Need to discuss with JAC before responding to client email 0.70 JAC Call with Commissioner re: Riverwalk premises; follow up research re: same and call to M. Weiner; model block plat and ROW review; agenda review; revise procurement document; review assignments and Assistant City Attorney work. 5.10 SHB Telephone conference with Laverriere re: Chronic Nuisance matters; follow up with City staff. 0.30 05/11/2018 SHB Code/BTR: Various conference calls and correspondence with Pierre and Saleica re: code violations and BTR fines on Rodgers property during period of receivership. Review additional documentation and follow up with City staff. 1.00 KLE Review documents, research, confrence with Shana re Rodgers Units. 0.80 05/14/2018 IS Conference with JAC re: mangrove trimming 0.30 JAC Onsite; staff meeting; prepare for meeting; records disposal review; review mangrove issue. 4.20 SHB Telephone conference with Pierre re:: magistrate hearings; review magistrate contract. Advise Code re: process for canceling hearings. Follow up with City staff re: revisions to Chronic Nuisance Ordinance. 1.00 05/15/2018 JAC Onsite; office administration re: file retention; prepare for and attend Commission meeting; review liquidated damages emails; review additional procurement matters; conference with Julie O. re: discipline letters. 6.50 DNT Review habitat for humanity unity of title issue. 0.50 Page 342 of 633 Page: 3 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 20326 General Matters HOURS 05/16/2018 IS Read and review existing draft of Bike Share Ordinance - Markup current version with revisions and additions/deletions-Send to JAC/Staff for review. 2.10 SHB Follow up re: pending foreclosure matters and change of attorney. 0.60 MDC Review budget schedule, confirm with city staff. 0.30 JAC Commission Meeting follow up; reveiw assignments; conference with JH re: misc. procurement opinions. 2.20 DNT Telephone call with Mike Rumpf re: Habitat for Humanity unities of title and drafting ordinances for Ham Radio and TV antennas. 0.40 SHB Follow up re: Chronic Nuisance ordinance and meeting matters. 0.30 05/17/2018 IS Review police records and dvd's re: public records request redaction question 1.70 DNT Review inquiry re: cortina replat lien search request. 0.40 05/18/2018 IS Complete review of bodycam footage and documents provided by client as responsive to PRR; Reviewed case law and statute re: body camera footage and emailed findings to staff accordingly 3.50 JAC Review opioid litigation and F/AG case; review Melo Step 1 grievance; review Chapter 9 fire code rewrite from Kathy Cline; work with M. Rumpf re: lodge code rewrite. 3.70 DNT Review inquiry re: cortina replat lien search request. 0.40 DNT Review issue with municipal lien search for cortina replat. 0.50 05/21/2018 IS Draft Hold Harmless Agreement re: Munce mangrove trimming; Send to JAC for review and discussion; Revise Munce Agreement per conversation with JAC 1.70 SHB Receive and review Planning and Development Board agenda. Follow up re: inquiry re: procurement and raffle matters. 0.60 05/22/2018 RAA Attend Planning and Development Board Meeting. 1.70 DNT Review lien search request issue for Cortina; telephone call with Yuri Konnikov re: parcels in Cortina development. 0.50 SHB Follow up re: Prochamps and property registration ordinance matters. Follow up re: pending public records requests. 0.70 05/23/2018 JAC Review pending mail/memos; records search re: PBA Lodge noise and conduct control; conference with TD re: trial and Jenkins option. 2.00 05/24/2018 JAC Case assignments review and discussion with Assistant City Attorneys; agenda preparation. 2.20 05/25/2018 IS Meeting with CM, FWC and local PD/Marine Patrol Unit re: Derelict Vessels 3.00 DNT Review issues related to Hussey utility termination and reinstatement; telephone call with Patricia Hussey re: utility termination. 0.50 SHB Follow up re: status of all pending foreclosure cases; prepare and file amended notices of change of attorney information. 0.40 Page 343 of 633 Page: 4 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 20326 General Matters HOURS 05/29/2018 SHB Attend meeting at City Hall re: foreclosed property registration ordinance. Review and approve agenda items. Receive and review inquiry from Chief Harris re: LPR construction matters; discuss with MDC. Review LPR contract and follow up with Harris and procurement. 4.00 JAC Agenda review and preparation; calls with TH and LS re: pending; review procurement issues. 1.50 DNT Telephone call with Dale Sugerman re: right of Briny Breezes to stop registration renewals due to failure to pay fine; review and revise tower and antenna ordinance. 0.60 05/30/2018 SHB Follow up re: pending agenda items. Follow up re: panhandling matters. Research re: PRR crash report matters. 2.50 DNT Review and revise ordinance revising chapter 13; research ability to place hold on auto registration due to nonpayment of citations. 0.90 JAC Procurement review; agenda preparation; review code rewrite issues; document review re: file closure. 3.00 05/31/2018 JAC Onsite - review procurement issue and related matters; records/file closure continued review; calls re: Chief selection process; agenda preparation. 2.20 SHB Review and approve agenda items. Follow up re:property registration ordinance. Return call to Comm. Katz. Follow up re: PD inquiry for enforcement of Municipal Ordinance violations. Follow up re: status of Bruny criminal case (records hold). 3.00 FOR CURRENT SERVICES RENDERED 97.90 17,500.00 TOTAL CURRENT WORK 17,500.00 BALANCE DUE $17,500.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 344 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904936 Boynton Beach FL 33425 STATEMENT NO: 20327 Attn: Lynn Swanson adv. Olen Properties Corp., et al HOURS 05/09/2018 JAC Review pleadings -emails and evaluate status for discussion with Commissioner. 0.60 05/18/2018 JAC Review status of case/pleadings; review dismissal of cross-claim; discuss hearing with RA. 0.80 FOR CURRENT SERVICES RENDERED 1.40 287.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.40 $205.00 $287.00 Photocopies 66.50 TOTAL EXPENSES THRU 05/31/2018 66.50 TOTAL CURRENT WORK 353.50 BALANCE DUE $353.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 345 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 20328 Attn: Lynn Swanson Litigation Miscellaneous HOURS 05/02/2018 BJS Review forfeiture matters and draft follow up correspondence 0.40 05/04/2018 SHB Prepare and file Notice of Change of Attorney. 0.30 05/08/2018 RAA Confer with litigation team re: pending cases and statuses. 0.40 TAD Meet with JAC and RAA re: status of litigation matters and trial. 0.70 05/09/2018 BJS Follow up re: Powlenko re: Hearing/order with telephone calls with counsel for the parties 0.80 RAA Attend meeting with Human Resources Director re: discussion of pending litigation and presuit claims 2.10 TAD Meet and confer with City re: status of claims and litigation. 3.60 05/10/2018 RAA Correspondence with H.R. Director re: proposal for settlement 0.20 05/11/2018 TAD Receipt and review of correspondence re: report of claim and incident report. Review SIR re: claim. 0.30 RAA Review correspondence from risk management with attachments. 0.20 05/14/2018 BJS Review forfeitures re: Oskar Lopez and follow up re: firearms, telephone call with Scott Harris 0.50 RAA Research case law and statutes on closed session notice requirements; Review meeting agenda for May 15, 2018 meeting. 0.50 TAD Receipt and review of correspondence from City re: claim letter. Receipt of claim information. 0.20 05/16/2018 RAA Review summary judgment motion in Olen Properties Corp. v. Quantum Park Property Owners'Association, Inc.; Confer with Attorney Cherof re: attendance of hearing on motion. 0.50 05/18/2018 RAA Attend summary judgment hearing re: Olen Properties Corp v. Quantum Park Property Owners'Association, Inc. 0.50 BJS Telephone calls and follow up re: Powlenko/Disposition of Property 0.50 05/21/2018 BJS Attend hearing on the City's Motion to Determine Disposition of Property re: Powlenko and follow up 3.00 05/22/2018 BJS Review new forfeiture matter and draft update correspondence to Scott Page 346 of 633 Page: 2 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9904950 STATEMENT NO: 20328 Litigation Miscellaneous HOURS Harris, review and follow up re: drug destruction petition 0.50 05/23/2018 BJS Review new forfeitures and telephone call with Scott Harris 0.70 SHB Receive and review Motion for Entry of Final Judgment. 0.30 05/25/2018 SHB Receive Final Judgment of Garnishment; discuss with Tim Howard. Transmit to Tobey Brown for processing. 0.30 05/29/2018 TAD Confer with City re: information on officer and information on medical issues re: potential claim. 0.20 05/30/2018 TAD Confer with City re: status of claims and litigation issues. 1.90 05/31/2018 BJS Review forfeiture matters with teleconference call with Scott Harris 0.50 TAD Receipt and review of correspondence re: potential claim. Review information on property and history re: claim information. 0.60 FOR CURRENT SERVICES RENDERED 19.70 4,038.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 4.40 $205.00 $902.00 SHANA H. BRIDGEMAN 0.90 205.00 184.50 BRIAN J. SHERMAN 6.90 205.00 1,414.50 TRACEY A. DECARLO 7.50 205.00 1,537.50 Photocopies 35.00 TOTAL EXPENSES THRU 05/31/2018 35.00 05/21/2018 Parking - BJS 3.00 Parking - 3.00 TOTAL ADVANCES THRU 05/31/2018 3.00 TOTAL CURRENT WORK 4,076.50 BALANCE DUE $4,076.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 347 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905018 Boynton Beach FL 33425 STATEMENT NO: 20329 Attn: Lynn Swanson City of Boynton Beach Model Block Right of Way Acquisition HOURS 05/10/2018 RLL Order updated title work on property. 0.30 KLE Review plat documents, order title update for replat. 0.30 05/18/2018 RLL Review updated title search on property and meet with KLE on same. 0.40 KLE Review updated title work for sign off on plat; confrence with Rachel re: real estate tax issue. 0.80 FOR CURRENT SERVICES RENDERED 1.80 313.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 1.10 $205.00 $225.50 RACHEL L LEACH 0.70 125.00 87.50 Photocopies 12.95 TOTAL EXPENSES THRU 05/31/2018 12.95 TOTAL CURRENT WORK 325.95 BALANCE DUE $325.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 348 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905019 Boynton Beach FL 33425 STATEMENT NO: 20330 Attn: Lynn Swanson adv. Chandler, Nancy (RIC MAN) HOURS 05/29/2018 IR Reviewed trial order for this trial period; removed all future trial tracking in this matter. 0.20 FOR CURRENT SERVICES RENDERED 0.20 25.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.20 $125.00 $25.00 TOTAL CURRENT WORK 25.00 BALANCE DUE $25.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 349 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905263 Boynton Beach FL 33425 STATEMENT NO: 20331 Attn: Lynn Swanson Town Square Development HOURS 05/01/2018 SMS Call with keith regarding the status of both assignments; rereading master leases for mentions of sales tax; email to counsel from Fantasy Chocolates 1.00 RLL Print and organize phase I and phase II inspection reports on main, police station and fire station properties. 0.50 DJD Address issues with Bond Purchase Agreement and leases. 1.70 JAC Review leases and related issues. 1.40 05/02/2018 SMS Telephone conference call with city; call with barry hardy regarding comments on the first amendment and sales tax provision; emails back and forth with attorney for Chocolates and review of comments; email with lori regarding Library annex lease for mayors signature; review of 530 agreements; call with attorney for chocolates; call with brad; email regarding new amendments 1.60 RLL Attend conference call with DJD and city officials to discuss progress on signed leases and items needed from Mark Hefferin. 0.50 DJD Telephone call with City staff; review documents; telephone call with Bond Counsel Kate Stangle; telephone call with Bradley Williams, esq; telephone call with David Weisman; address amendments to lease. 4.40 05/03/2018 SMS emails regarding the lease agreements 0.30 DJD Review supplement to Design Build Agreement with Haskell; review executed consent to assignment; address status of legal descriptions; telephone call with counsel for JKM. 1.50 05/04/2018 SMS review of emails and documents for ground lease and developement agreements; update with keith on the status of the leases; 0.60 DJD Review documents. 2.40 JAC Review revised documents - phase 2 and leases/assignments; review bond documents. 1.40 05/06/2018 DJD Review documents. 2.60 05/07/2018 SMS review of bond issues in Kates email; email to Jim regarding leases; email with mark; email from tim regarding W9 forms 0.70 DJD Continuation of review of proposed documents; exchange of emails. 3.70 05/08/2018 SMS finalization of leases and emails with keith, gary, barry and Jim regarding security deposit; meeting about town square issues outstanding; emails with Page 350 of 633 Page: 2 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 20331 Town Square Development HOURS barry regarding acknowledgement; call with keith regarding two free months; review of master lease for security deposit provisions; email to gary regarding Police department lease; call with gary 1.70 DJD Review documents, Development Agreement; address status of leases; telephone call with David Weisman, esq; telephone call with Kate Stangle. 3.10 05/09/2018 RLL Telephone call from Colin Groff regarding exhibit C to Phase II Services Agreement; attend conference call with DJD, JAC and city officials to discuss status of leases and concerns in bond documents; attend conference call with DJD, city officials and counsel for developers. 2.20 SMS email to brokers for leases regarding assignment of lease and email to city regarding status of executed lease; review of executed lease from broker of police department site; town square conference call with city; town square conference call with all parties 1.80 DJD Review documents; telephone call with Kate Stangle; telephone call with City staff; participate in confrence call. 3.70 05/10/2018 SMS review of David Weissman, attorney for fantasy chocolates email and response based off the terms of the assignment of lease at library facility 0.20 RLL Meet with DJD to review title work on project along with new legal descriptions and sketches; attend telephone conference with DJD and Colin Groff to discuss which parcels to include in title insurance; contact surveyor regarding legal descriptions for CEP and fire station properties in comparison to legal on deed received from BBCRA; review parcel maps received from surveyor on fire station property and contact Colin Groff for clarification on portion of property surveyed. 2.00 DJD Receipt of email from Kate Stangle; telephone call with Colin Groff; telephone call with Mark Raymond; review legal description; draft correspondence. 3.40 JAC Conference call with M. Raymond re: bond documents. 1.00 05/11/2018 SMS review of emails to City Manager and Assistant CM's regarding the leases; updating of the lease spreadsheet for conference call; conference call regarding status of the leases with the City; emails with landlord of library annex space regarding lease agreement; email and review of amendment with attorney for landlord regarding switching the lease permitted uses to police department; emails regarding executed copy of the Lease at 209 seacrest; call with Attorney for the Landlord regarding needed changes to the amendment to accommodate the police station; review of amendment from the landlord conforming the use of the building to police department 1.80 RLL Telephone call to title examiner regarding parcels to be searched in title update; review revised exhibit"C"to phase II agreement received from client. 0.50 DJD Address leases; review documents. 2.40 JAC Document review; calls and preparation re: Mason Lodge title encumbrance release; review permits. 2.20 05/14/2018 SMS email to attorney for property at 2045 high ridge regarding 2 free month's rent concession 0.10 RLL Meet with DJD to organize documents; attend conference call with DJD, JAC and Mark Raymond to discuss bond documents. 1.70 JAC Continued review of documents and update research re: points in opinion Page 351 of 633 Page: 3 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 20331 Town Square Development HOURS letter; evaluate leave liability option. 2.40 DJD Organize documentation; telephone call with Mark Raymond. 1.70 05/15/2018 SMS review of attorney for Fantasy Chocolate email regarding outstanding lease issues; printing of case law regarding town square project 0.30 JAC Review and discuss with M. Raymond lease issues and mortgage invalidity cases; conference with DJD re: same; research same. 1.40 DJD Address issue of eviction; review case law; telephone call with Mark Raymond; prepare for meeting. 2.60 05/16/2018 SMS Telephone conference call with the City for outstanding issues; email to attorney for 2045 highridge regarding 2 month concession; review of permitted use provision in the 209 searcrest lease; email to City regarding permitted use; preparation of cases for town square bond issues and shepardization 1.20 RLL Attend conference call with DJD, JAC and City officials to discuss outstanding matters; prepare updated list of document status; prepare files for DJD's meeting with City on May 17th. 2.00 DJD Telephone call with City staff; review case law; telephone call with Mark Raymond, esq; telephone call with Kate Stangle and Dan Nelson; review Raymond's suggested revisions; address status of lease. 3.50 JAC Call with KS and DJD re: lease and eviction issues/bonds; follow up calls with M. Raymond re: same; prepare for conference. 2.20 05/17/2018 RLL Review amendment to contract from counsel for JKM; review consent and assignment documents from counsel for E2L. 1.00 SMS emails with attorney for police department space regarding approval of 2 months concession as security credit; email to City regarding executed lease agreement 0.10 DJD Attend document meeting; review documents received from Jeff Bahn. 7.30 JAC Conference with key parties to review documents and process; review correspondence and analysis from M. Raymond. 7.80 05/18/2018 SMS emails to the City regarding execution of leases and execution of amendment; email to City Manager regarding other possible lease site; drafting of security deposit acknowledgement for Fantasy Chocolates; emails to City regarding original assignment 1.20 JAC Calls and discussion - review re: surveys and title issues; conference with DJD. 0.80 DJD Address status of surveys and title work; confrence with JKM. 2.20 05/21/2018 SMS email to the city regarding the assignment of lease at 2045 High Ridge; email to attorney for fantasy chocolates regarding location of the assignment; email to attorney for duke realty of the executed agreements 0.40 RLL Telephone call from title examiner with questions on title update for fire station property; follow up with surveyor on sketches for parcels 5, 6, 8 and 9; review updated title search on fire station property. 0.90 DJD Receipt and review of title exceptions filed by JKM for all three parcels; initial review of police station parcel title work. 1.80 05/22/2018 SMS emails with the city regarding the police department lease; revision to the security deposit acknowledgement; email to city regarding security deposit Page 352 of 633 Page: 4 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 20331 Town Square Development HOURS acknowledgement; emails regarding Fantasy Chocolates W9; call with City Manager regarding lease agreement for Police Department site 0.70 DJD Review title work; receipt of documents revised by bond counsel; address status of title work. 2.80 05/23/2018 SMS review of last outstanding issues for Lease at 2045; phone conference; email regarding executed amendment of lease agreement 0.70 RLL Attend conference call with DJD, JAC and city officials to discuss open issues; work to gather title work and copies of title exceptions to send to surveyor to prepare ALTA surveys. 1.00 DJD Participate in confrence call; address status of surveys; review title for police station; initial review of revised documents. 3.60 05/24/2018 SMS meeting regarding issues in documents and comments by Mark Raymond; review of documents for differences between Mark Raymond comments and each agreement; email with Broker for City regarding executed documents; email to attorney from Fantasy Chocolates with attached Security Deposit acknowledgement and all executed docs for the lease agreement; revisions to Mark Raymonds comments on the bond agreements and sending to all parties for review 3.80 RLL Attend telephone conference with DJD and Ken Dodge to review prior survey on fire station property to address three foot shortage in legal description; telephone call and email to Colin Groff regarding ALTA survey needed on police station property. 0.70 DJD Address survey issue; telephone call with Ken Dodge, esq re: fire station; review revised documents. 2.70 05/25/2018 SMS review of emails regarding new lease with the CRA for the library building; email to lori in response about executed lease agreement for police department space 0.30 DJD Address title work and surveys; telephone call with counsel for BBCRA; review documents. 3.60 05/29/2018 SMS call with Kate Stangle over document revisions; reviewing changes to supplement and phase 2 docs; review of survey docs from Dave Lindley; review of bond documents following phone call with Kate; review of indenture of trust agreement circulated by Kate Stangle 2.90 DJD Review emails; review Development Agreement; telephone call with with Kate Stangle; esq. review revised documents. 2.90 05/30/2018 SMS review of new revisions to docs for conference call with the City; meeting with DJ regarding revisions to the town square docs; phone conference with the City; emails to Kate Stangle and Bradley Williams regarding suggested changes to latest agreements; email to attorney for Duke realty about W9; email to lynn regarding master lease for the new police department property; review of POS for meeting on 5/31; meeting about current issues outstanding with Town Square 3.70 RLL Attend conference call with DJD, JAC and city officials; proof new legal descriptions of parcels provided by surveyor; follow up with client on status of new survey on police station property; meet with DJD to discuss outstanding items; prepare DJD with documentation needed for meeting at City on 5/31/18; contact title examiner regarding revisions needed to title Page 353 of 633 Page: 5 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 20331 Town Square Development HOURS work on fire station property. 1.80 DJD Review documents; Telephone call with clients. 3.30 JAC Telephone conference with City team; follow up. 1.20 05/31/2018 SMS review of all docs for meeting to discuss the POS; drafting of reverter termination for Masonic Lodge reversionary interest; meeting regarding issues to bring up at POS meeting 6.30 RLL Review latest versions of parcel legal descriptions from surveyor; review new Exhibit C to Phase II services agreement received from client; update document checklist; organize files for DJD's meeting with client. 2.00 DJD Attend meeting on POS; review title related issues. 4.70 JAC Conference with attorney and representatives to review bond related documents; follow up re: same. 4.50 FOR CURRENT SERVICES RENDERED 146.10 28,606.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 26.30 $205.00 $5,391.50 D.J. DOODY 71.60 205.00 14,678.00 SEAN M. SWARTZ 31.40 205.00 6,437.00 RACHEL L LEACH 16.80 125.00 2,100.00 Color photocopies 42.00 Photocopies 1,036.35 TOTAL EXPENSES THRU 05/31/2018 1,078.35 TOTAL CURRENT WORK 29,684.85 BALANCE DUE $29,684.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 354 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905275 Boynton Beach FL 33425 STATEMENT NO: 20332 Attn: Lynn Swanson adv. Predelus, Love (HUD Complaint) HOURS 05/01/2018 SHB Prep for HUD mediation. Receive and review updated status documents from City staff. 1.00 05/03/2018 SHB Attended mediation at City Hall. 3.80 JAC Prepare for, attend and follow up on conciliation conference. 9.00 SHB Attended mediation at City Hall. 3.80 05/07/2018 JAC Review info re: Predelus permit status. 0.40 05/31/2018 SHB Receive and review various correspondence from Predelus, Kittendorf, and Lenson. Follow up with Lenson re: settlement agreement. 0.60 FOR CURRENT SERVICES RENDERED 18.60 3,813.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 9.40 $205.00 $1,927.00 SHANA H. BRIDGEMAN 9.20 205.00 1,886.00 Photocopies 3.85 TOTAL EXPENSES THRU 05/31/2018 3.85 TOTAL CURRENT WORK 3,816.85 BALANCE DUE $3,816.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 355 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905314 Boynton Beach FL 33425 STATEMENT NO: 20333 Attn: Lynn Swanson adv. US Bank Natl Assoc, et. al. (Demore, Julie Ann, et. al.) HOURS 05/03/2018 SHB Prepare and file Answer to Complaint 0.40 05/23/2018 SHB Various correspondence with opposing counsel; review complaint and answer. Follow up with City re: current lien amount owed on property. 0.60 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 356 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905318 Boynton Beach FL 33425 STATEMENT NO: 20334 Attn: Lynn Swanson adv. Wells Fargo Bank, NA (Lorme, Gilbert, et. al) HOURS 05/03/2018 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 357 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905322 Boynton Beach FL 33425 STATEMENT NO: 20335 Attn: Lynn Swanson adv. The Bank of NY Mellon Trust Co., et., al. (Naurelus, Iglad, et., al.) HOURS 05/15/2018 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 358 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905328 Boynton Beach FL 33425 STATEMENT NO: 20336 Attn: Lynn Swanson IAFF Grievance: Promotional Exam HOURS 05/22/2018 SHB Receive and review IAFF request for arbitration; review CBA and follow up with JAC. 0.40 FOR CURRENT SERVICES RENDERED 0.40 110.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $275.00 $110.00 TOTAL CURRENT WORK 110.00 BALANCE DUE $110.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 359 of 633 Goren, Cherof, Doody& Ezrol, P.A. - May 2018 Risk Cases Jean-Baptist, Kevens 881.50 Kimsey, Erin (MVA) 143.50 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) 512.50 Oldham, Dana (fall) 0.00 Robinson, Bennie(False Arrest) 0.00 Galindez, Dennis(Slip& Fall) 578.00 Caliskan, Hasan(MVA) 0.00 Jenkins, Gail & Leon(Demolition) 14,397.05 Venegas,Jesusa 0.00 Blutcher, Pamela (MVA) 40.90 Goldman, Barry(Bike/grate accident) 287.00 Finz, Stephanie(Slip & Fall) 676.50 Occius, Facilia (P/NG Will-Marc Eugene) 0.00 Broberg, Leif Complaint(2015) 82.00 Novick,James (MVA Public Works) 0.00 Wade, George(auto accident) 50,017.55 Davila, Danielle (Police) 0.00 Coupet, Kenson (parent of child injured) 184.50 Honacher,Jack(Baker Act-Police) 389.50 Ryan, Rona Id(whistleblower) 3,938.05 Readon,Jayden, Estate of(police chase) 2,029.50 Garber M.D., Harvey(excessive force) 4,715.35 Meyer,Tamara (MVA) 99.00 Harris,Justin (M/Atty Fees-Fed Suit) 6,162.20 Clemens,Jennifer(Personal Injury) 61.50 Russel Hugh Cooper 2,519.70 Samad, Raheel, a minor(park injury) 61.50 Dorce, Annesha (Public Works) 130.00 Gallegos, Doris (Public Works) 162.50 TOTAL Goren,Cherof Risk Legal Costs 88,131.30 Page 360 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905022 Boynton Beach FL 33425 STATEMENT NO: 20346 Attn: Lynn Swanson adv. Jean-Baptiste, Kevens Billing Category 18-RLO Claim#001470-000352-PP-01 HOURS 05/03/2018 TAD Receipt and review of correspondence from investigator and prepare response to same. Prepare correspondence to City re: information from investigator. 0.30 05/17/2018 TAD Receipt and review of complaint and review case law re: same for response. 3.60 05/31/2018 RAA Review Complaint and consider response. 0.40 FOR CURRENT SERVICES RENDERED 4.30 881.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.40 $205.00 $82.00 TRACEY A. DECARLO 3.90 205.00 799.50 TOTAL CURRENT WORK 881.50 BALANCE DUE $881.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 361 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905029 Boynton Beach FL 33425 STATEMENT NO: 20347 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO HOURS 05/14/2018 TAD Prepare correspondenc to outside counsel re: meeting. Review case law re: issues with meeting. Receipt of correspondence from outside counsel 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 362 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905064 Boynton Beach FL 33425 STATEMENT NO: 20348 Attn: Lynn Swanson adv. Kimsey, Erin (MVA) Billing Category 18-RLO Claim#001470-000228-AB-01 HOURS 05/04/2018 TAD Receipt and review of correspondence re: mediation and prepare response to same. 0.20 05/14/2018 TAD Receipt and review of correspondence from outside counsel re: settlement and prepare correspondence to City re: same. 0.30 05/17/2018 TAD Receipt and review of correspondence re: settlement. 0.20 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 363 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 20349 Attn: Lynn Swanson adv. Gregory, Mola (slip&fall) Billing Category: 18-RLO Claim#001470-000341-GB-01 HOURS 05/11/2018 TAD Receipt and review of correspondence from plaintiff. Prepare response to same. Prepare correspondence to physicians re: depositions. 0.40 05/14/2018 TAD Receipt and review of correspondence from plaintiff re depositions and trial. Prepare response to same . 0.30 05/23/2018 TAD Receipt and review of correspondence from the plaintiff re: motion to continue and prepare response to same. Prepare correspondence to court re: motion. 0.40 05/24/2018 TAD Receipt and review correspondence from plaintiff re: discovery and trial status and prepare response to same. Prepare motion to continue and notice of hearing on same. Prepare correspondence to plaintiff re: motion and changes. 1.20 05/31/2018 TAD Prepare correspondence to plaintiff counsel re: motion to continue and receipt of response to same. 0.20 FOR CURRENT SERVICES RENDERED 2.50 512.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.50 $205.00 $512.50 TOTAL CURRENT WORK 512.50 BALANCE DUE $512.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 364 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 20350 Attn: Lynn Swanson adv. Galindez, Dennis (slip&fall) Billing Category: 18-RLO Claim#001470-000330-GB-01 HOURS 05/11/2018 TAD Receipt and review of correspondence from court re: hearings. Telephone conference with plaintiff counsel and judicial assistant re: trial conflicts. Prepare correspondence to Court re: conflict. Receipt of correspondence from Court re: telephone conference and prepare response to same. Receipt of correspondence from plaintiff re: conference. 0.90 05/17/2018 TAD Telephone conference with judicial assistant re: hearings. Telephone conference with plaintiff re: trial and hearing issues. 0.40 05/18/2018 TAD Receipt and review of correspondence from plaintiff re: trial and prepare response to same. Receipt of correspondence from Court re: information on hearings and prepare response to same. 0.40 05/21/2018 TAD Receipt of correspondence from the Court re: hearings and trial. Prepare response to same. 0.30 05/24/2018 TAD Receipt and review of correspondence from plaintiff and court re: hearing dates and status conference. Prepare correspondence to court and plaintiff re: same. 0.50 05/25/2018 TAD Receipt and review of correspondence from the court re: trial. Receipt of second correspondence from the court and prepare response to same. 0.30 FOR CURRENT SERVICES RENDERED 2.80 574.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.80 $205.00 $574.00 04/18/2018 Parking -TAD 4.00 Parking - 4.00 Page 365 of 633 Page: 2 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 20350 adv. Galindez, Dennis (slip&fall) TOTAL ADVANCES THRU 05/31/2018 4.00 TOTAL CURRENT WORK 578.00 BALANCE DUE $578.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 366 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905093 Boynton Beach FL 33425 STATEMENT NO: 20351 Attn: Lynn Swanson adv. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim#001470-000382-GD-01 HOURS 05/02/2018 IS Finish review of deposition of Leon Jenkins and prepare summary of same for trial. 0.60 TAD Attend motion to compel attendance at medication . 3.80 05/03/2018 TAD Receipt and review of order on motion to compel. Receipt of correspondence from mortgage counsel re: payoff. Prepare correspondence to City re: same and information for mediation issues. Review information from mortgage company and extended telephone conference with counsel re: same. 1.40 05/04/2018 JAC Trial preparation. 0.70 TAD Receipt and review of correspondence tom MERS counsel re: mediation issues. Prepare response to same. Prepare correspondence to City re: mediation and information from plaintiff. 0.60 05/08/2018 IR Receipt and review of Plaintiffs Motion for Extension of Time, to Serve Answers and Responses to Defendant's Interrogatories and Second Request for Production; brief review of bench trial trial order, special set for July 16 and 17, 2018. 0.40 05/10/2018 TAD Prepare correspondence to plaintiff re: trial disclosures. Receipt of response to same. Telephone conference with city manager re: property issues. Rceipt of correspondence from MERS counsel re: mediation. 0.70 RAA Telephone conference call with H.R. Director re: Jenkins mediation 0.20 05/11/2018 TAD Receipt and review of documents from City re: mediation. Confer with director re: information on the property. Prepare for mediation of matter. Review statutes and ordinances re: information on cross claim. Review appraisal and information from plaintiff re: continued mediation. 1.40 JAC Conference call re: mediation options. 0.50 05/14/2018 TAD Attend continued mediation of claim. Confer with JAC. Receipt of correspondence re: zoning issue from City. 7.30 Page 367 of 633 Page: 2 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905093 STATEMENT NO: 20351 adv. Jenkins, Gail and Leon (Demolition) HOURS 05/17/2018 TAD Receipt of mediation report. Receipt of correspondence from mediator. 0.20 05/23/2018 RAA Review pleadings and attachments; Review draft summary judgment motion; Begin reviewing and analyzing Plaintiffs deposition transcript and begin preparing deposition outline. 3.00 IR Receipt and review of Plaintiffs List of Trial Witnesses and Plaintiffs List of Trial Exhibits, filed with the Court this date; conference with TAD regarding same; reviewed pleadings and court order regarding deadlines, in advance of bench trial. 1.90 TAD Continue to review records and prepare exhibit list for trial. Revise witness list for trial. 4.30 05/24/2018 RAA Continue reviewing Jenkins deposition transcript and continue drafting outline of testimony; Review Summary Judgment Motion; Research case law on inverse condemnation and evaluate argument for summary judgment; Review, analyze and annotate cases found; Draft new sections in Motion seeking summary judgment on trespass and inverse condemnation counts; Confer with Attorney DeCarlo re: plaintiffs inverse condemnation count, research conclusions, and review of summary judgment evidence. 7.00 TAD Continue preparation of witness and exhibit list for trial. Receipt of correspondence from plaintiff re: revised offer. Prepare correspondence to plaintiff re: depositions and discovery. Prepare notice of deposition of Nneka Jenkins. Prepare notice of deposition and duces tecum request for Smith. PRepare notice of deposition and duces tecum request for Newbold. Prepare subpoena for Newbold. Prepare notice of deposition and subpoena and duces tecum request to McClendon. Prepare notice of deposition and subpoena to Guritzky, Pendl, Briggs, and Luchey. 5.30 IR Continuation of trial preparation; conferences with TAD regarding same, including trial witnesses for both Plaintiff and defense; online research of potential expert witnesses; prepared emails to expert witnesses and ticklers to receive responses as soon as possible; reviewed other recent court filings; revised trial notebook. 3.20 05/25/2018 RAA Continue drafting summary judgment motion; Continue research in support of dismissal of Neligence counts, Trespass count, and Conversion count. 5.20 TAD Prepare motion to compel and letter to plaintiff re: same. Prepare motion for special set date. Revise subpoena to expert re: request for additional information. 3.40 05/28/2018 RAA Review transcript from November 6, 2014 Building Board of Appeals and Adjustments meeting; Review deposition transcript from deposition of City's Building Official and deposition exhibits; Review exhibits attached to the Complaint; Continue review of Plaintiffs deposition transcript; Continue drafting Motion for Summary Judgment and Statement of Undisputed Facts. 6.80 05/29/2018 RAA Review exhibits attached to Plaintiffs deposition transcript; Identify all exhibits for attachment to Statement of Undisputed Facts in support of Motion for Summary Judgment; Research case law and statutes regarding authentication of certain exhibits; Continue drafting, review and finalize Statement of Undisputed Facts and Motion for Summary Judgment. 5.60 TAD Review and revise motion for summary judgment. Receipt of correspondence from plaintiff counsel re: mediation. Confer with City re: Page 368 of 633 Page: 3 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905093 STATEMENT NO: 20351 adv. Jenkins, Gail and Leon (Demolition) HOURS revised offer. Confer with RAA and IVR re: trial and motion issues. Receipt of correspondence from City re: revised offer issues. Revise motion to continue re: conflict issues from the City. Review exhibit list and witness list and revise same re: trial disclosures. Telephone conference with expert witness and review information on same for trial disclosures. 3.30 IR Telephone conferences with Robert Banting, City of Boynton Beach's anticipated real estate expert witness for appraisals and other related work; conferences with TAD regarding same; reviewed filed trial exhibits and trial witness lists accordingly; updated trial witness tracking and trial availability chart and other expert witness information, in advance of trial; 1.30 05/30/2018 RAA Receive and review correspondence with attachment re: plaintiffs neighbor's letter seeking damages; Evaluate claim and confer with Attorney DeCarlo re: same. 0.40 TAD Continue preparation of exhibits for trial. Prepare documents for review by expert. Revise motion to continue. Prepare correspondence to plaintiff counsel re: deposition. Receipt of correspondence from plaintiff re: revised offer. Prepare notice of hearing on City's motions. 1.70 05/31/2018 TAD Receipt and review of correspondence from mortgage company re: claim. Prepare correspondence to plaintiff re: mediation issues and revised offer. Review information on plaintiffs re: trial exhibits and trial witnesses. 1.80 FOR CURRENT SERVICES RENDERED 72.00 14,216.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.20 $205.00 $246.00 IAN SINGER 0.60 205.00 123.00 RYAN A.ABRAMS 28.20 205.00 5,781.00 INGRID RIERA 6.80 125.00 850.00 TRACEY A. DECARLO 35.20 205.00 7,216.00 Color photocopies 23.45 Photocopies 138.60 TOTAL EXPENSES THRU 05/31/2018 162.05 04/09/2018 Parking -TAD 4.00 04/09/2018 Parking -TAD 9.00 04/18/2018 Parking -TAD 6.00 Parking - 19.00 TOTAL ADVANCES THRU 05/31/2018 19.00 TOTAL CURRENT WORK 14,397.05 Page 369 of 633 Page: 4 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905093 STATEMENT NO: 20351 adv. Jenkins, Gail and Leon (Demolition) BALANCE DUE $14,397.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 370 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 20352 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category- 18RLO Claim#001470-000369-AB-01 HOURS 05/01/2018 IR Receipt and review of original Medicare Affidavit of Pamela Blutcher, to send to Medicare for information; prepared email to litigation team regarding affidavit. 0.30 FOR CURRENT SERVICES RENDERED 0.30 37.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 Photocopies 1.40 TOTAL EXPENSES THRU 05/31/2018 1.40 04/05/2018 Parking -TAD 2.00 Parking - 2.00 TOTAL ADVANCES THRU 05/31/2018 2.00 TOTAL CURRENT WORK 40.90 BALANCE DUE $40.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 371 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905105 Boynton Beach FL 33425 STATEMENT NO: 20353 Attn: Lynn Swanson adv. Finz, Stephanie (slip &fall) Billing Category: 18-RLO Claim#001470-000368-GB-01 HOURS 05/09/2018 RAA Confer with Attorney DeCarlo re: case status and litigation strategy 0.40 05/23/2018 RAA Begin review of Finz claims file; Telephone conference with plaintiffs counsel re: discussion on settlement. 0.70 05/31/2018 RAA Continue review of file, including medical records from plaintiff; Research case law on issues supporting early dismissal of the case; Prepare litigation report. 2.20 FOR CURRENT SERVICES RENDERED 3.30 676.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 3.30 $205.00 $676.50 TOTAL CURRENT WORK 676.50 BALANCE DUE $676.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 372 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905111 Boynton Beach FL 33425 STATEMENT NO: 20354 Attn: Lynn Swanson adv. Goldman, Barry (bike/grate accident) Billing Category: 18-RLO Claim#001470-000373-GB-01 HOURS 05/02/2018 TAD Receipt and review of correspondence re: settlement. Prepare correspondence to plaintiff counsel re: same. 0.30 05/13/2018 TAD Receipt and review of correspondence re: release. Review release and prepare revisions to same. Prepare correspondence to plaintiff re: release. 0.80 05/15/2018 TAD Receipt and review of correspondence re: release and release documents. Prepare correspondence to the City re: same. 0.30 FOR CURRENT SERVICES RENDERED 1.40 287.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.40 $205.00 $287.00 TOTAL CURRENT WORK 287.00 BALANCE DUE $287.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 373 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905124 Boynton Beach FL 33425 STATEMENT NO: 20355 Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim#001470-000390-EP-01 HOURS 05/11/2018 TAD Receipt and review of correspondence re: interrogatories and review interrogatories. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 374 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905132 Boynton Beach FL 33425 STATEMENT NO: 20356 Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim#001470-000380-AB-01 HOURS 05/01/2018 IS Draft letter to Dept. of State re: certified copy of dissolution of business 0.50 IS Research case law and statutes re: Motion to Amend Answer and Affirmative Defenses to Conform to Evidence; Review pertinent section of Deposition of George Wade; Draft Motion to Amend Answer and Affirmative Defenses to Conform to Evidence. 3.80 IS Review Plaintiffs Motion in Limine to Preclude Naming Third Parties on Verdict Form; 0.50 TAD Receipt and review of correspondence re: trial. Prepare direct of Cane. Review case law re: statements and prepare exhibits for trial. Review Plaintiffs motions in limine re: trial issues and evidence. 5.30 IR Preparation for jury trial for the week of May 21, 2018 through May 24, 2018 [advised court 3 -4 days for trial]; preparation and revisions to Trial Notebook, to include Plaintiffs Motions in Limine to be ruled upon at the commencement of trial; updated trial witness file folders. 5.10 05/02/2018 IR Trial preparation, in advance of trial special set for May 21, 2018 before Judge David French; preparation of updated trial witness files; prepared and responded to numerous emails regarding same. 6.20 IS Continue researching case law re: use of prior conviction for impeachment; Continue drafting Response in Opposition to Motion in Limine to Exclude Past Convictions 1.80 TAD Prepare direct examination of McPherson. Prepare exhibits and video. Prepare correspondence to witnesses re: trial setting and meetings. Receipt of response to same. 1.40 05/03/2018 IR Trial exhibits reviewed and prepared in triple, for use at May 21, 2018 jury trial. 6.20 TAD Receipt and review of surveillance report and video. Confer with trial company re: issues with video. Prepare vior dire. Prepare direct of Obradovich re: surveillance report. Begin review of video for potential edits. 4.80 05/04/2018 IS Conference with TAD re: outstanding events that need to be completed on this file 0.50 IR Continuation of trial preparation; conferences with TAD; reviewed and Page 375 of 633 Page: 2 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905132 STATEMENT NO: 20356 adv. Wade, George (auto accident) HOURS updated Team Projects To Do list; 5.90 TAD Receipt and review of correspondence from plaintiff re: exhibit review. Continue review of video re: issues. Confer with staff re: status of information on witnesses. Confer with judicial assistant re: court media equipment. Confer with IS re: motions in limine and response. Receipt of notice of deposition of Kabinoff. 3.60 05/05/2018 TAD Continue review of information on plaintiff re: cross. Review discovery re: information on trial exhibits. Review Raso records and prepare cross re: trial. 2.70 05/07/2018 IS Review draft Responses in Opposition to Def. Motions in Limine; Prepare case law at trial. 0.40 RAA Review, analyze and annotate the transcript for the deposition Dr. Thomas Roush for use during trial. 2.00 TAD Attend meeting with witness McPherson. Revise direct and prepare exhibits. Confer with trial graphix re: video surveillance. Review deposition of Kabinofff and prepare summary of same. Confer with RAA re: status, trial and tasks. Receipt of amended witness and exhibit list. Prepare motion to strike. Receipt of correspondence from excess carrier and city. Telephone conference with City re: reservation of rights. 6.40 JAC Review reservation of rights letters and discuss with TD. 0.40 IR Continuation of revisions to trial notebooks; updated jury instructions and retrieval of legal research to include in main jury notebook; prepared ticklers regarding lead up to jury trial; telephone conferences and emails with our trial witnesses regarding week of May 21, 2018. 6.50 05/08/2018 RAA Draft deposition summary for deposition of Dr. Thomas Roush; Confer with Attorney DeCarlo Re Trial Strategy; Draft response in opposition to motion in limine to preclude naming third parties on verdict form; Research case law and statutes re: identifying nonparty defendant in verdict form. 3.10 IS Conference with TAD and Ryan Abrams re: Motions in Limine 0.40 TAD Review video and continue preparation of direct for investigator. Confer with RAA re: trial preparation. Complete cross of Kabinoff and continue preparation of exhibits for same. Review medical issues and draft outline of Zeide direct for meeting. 4.40 IR Continuation of updates and legal research for jury instructions notebook, main trial notebook; retrieved online court docket; researched and retrieved Judge David French's division instructions; prepared emails regarding updates; continued to revise Trial Witness Tracking Chart for use at trial. 5.90 05/09/2018 RAA Research case law re: dismissal of action for fraud upon the court and related evidentiary standard. 0.50 IR Continuation of trial preparation, in advance of the special set trial that commences May 21, 2018; extensive review and comparison of online court docket with our internal pleadings index; finalized revisions to Trial Notebook; retrieved discovery responses, to ensure specific trial exhibits and discovery are complete and organized in advance of trial; receipt and review of emails regarding directives and projects. 6.20 TAD Continue review of surveillance. Confer with investigator re: trial testimony. Revise direct and trial exhibits for trial re: city witnesses. 4.30 Page 376 of 633 Page: 3 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905132 STATEMENT NO: 20356 adv. Wade, George (auto accident) HOURS 05/10/2018 TAD Attend exhibit review and confer with plaintiff counsel re: motions. Mark exhibits and revise Obradovich direct. Continue preparation of Zeide direct for meeting and trial. Review additional medical records for plaintiff re: Zeide direct issues. Confer with IVR and RAA re: plaintiffs trial exhibits. 6.40 RAA Review, analyze and research arguments made in plaintiffs general motion in limine; Draft chart to memorialize research; Review and evaluate motion to exclude evidence of past crimes; Research case law and statutes to determine a response. Make additional edits to Response to Motion in Limine to Preclude Third Parties on Verdict Form; Review and make edits to proposed amended answer and affirmative defenses. Confer with Attorney DeCarlo Re trial strategy and preparation. Review criminal history report from Florida Department of Law Enforcement 5.00 IR Continuation of trial preparation, in advance of special set trial, commencing the week of May 21, 2018; conferences with RA and TAD regarding strategy, additional projects and trial witnesses; prepared emails to trial witnesses, to confirm trial preparation and trial specifics. 6.40 05/11/2018 IR Continuation of trial preparation; finalized trial notebooks for use at jury trial, special set for May 21, 2018; reviewed documents received from Plaintiffs counsel at the trial witness exhibits exchange on May 10, 2018; retrieved and reviewed online court docket, to ascertain if additional trial subpoenas were issued by Plaintiffs counsel; continuation of legal research for various trial notebooks and for matters to be heard by the Court at the commencement and conclusion of trial. 6.10 TAD Meet with medical expert re: trial testimony. Prepare revisions to direct and review medical records and bills re: additional exhibits for trial. Revise Kabinoff cross with information from Zeide. Meet with Cane and review trial testimony. Make revisions re: information from Cane. 6.30 RAA Final review of Motion for Leave to Amend; Confer with Attorney DeCarlo re: trial strategy and preparation. 0.40 05/13/2018 TAD Continue review of plaintiffs trial exhibits re: additional exhibits for hte deposition of Zeide and Kabiunoff and issues for motions. review case law re: trial motions. 2.70 05/14/2018 RAA Review medical records and Wade's deposition transcript; Watch surveillance video; Determine factual grounds for a particular motion. Research question on expert testimony's admissibility. Confer with Attorney DeCarlo re trial preparation and strategy. Research grounds and procedure for making a certain type of motion during trial; Procedure for filing and proving grounds; Review transcript from Wade depo and review medical records for support. 5.80 TAD Receipt and review of correspondence re: deposition. Review case law re: expert issues for deposition of plaintiffs medical expert for trial. 0.90 IR Continued trial preparation; receipt and review of email from Judge David French's Judicial Assistant regarding pretrial stipulation and other trial documents; continued reviewing and noting Plaintiffs online social presence, including travel and dated entries; prepared notes from Trial Witness Tracking Chart, for use at trial week of May 21, 2018. 5.80 05/15/2018 IR Continued trial preparation, for May 21, 2018; 3.10 RAA Review trial notebook and certain trial exhibits. Consider whether to counter Page 377 of 633 Page: 4 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905132 STATEMENT NO: 20356 adv. Wade, George (auto accident) HOURS designate transcripts. Complete witness folder for Dr. Roush. Review Drehmann deposition transcript and create deposition outline. 6.90 TAD Attend video deposition for trial of plaintiffs medical expert witness. Confer with plaintiff re: trial issues. 6.70 05/16/2018 IR Finalized legal research and finalized defense team's trial notebooks for use at jury trial before Division AJ, Judge David French on May 21, 2018; online research on Plaintiff; conferences with TAD. 6.70 TAD Receipt and review of correspondence from plaintiff re trial and prepare response to same. Prepare cross of plaintiff and review Drahman summary and cross and revise same. Review correspondence from plaintiff re: changes to jury instructions and verdict form and review changes. Continue trial preparation. 4.30 05/17/2018 IR Revisions to jury instructions notebook; prepared memoranda regarding online social media searches of Plaintiff, to assist with direct examination of Plaintiff when called at trial; reviewed and segregated Plaintiffs trial exhibits. 5.70 RAA Prepare for cross examination of Plaintiffs witness, Drehman. Confer with Attorney DeCarlo re: trial strategy and preparation; Begin drafting Motion to Dismiss for anticipated use during trial; Review Plaintiffs deposition transcript for additional factual support of Motion. 4.00 TAD Receipt and review of plaintiffs exhibit submission. Prepare correspondence re: objections to same. Receipt of correspondence from plaintiff re: prior discovery. Receipt of correspondence to judge re: verdict form and instructions. Receipt of order on motions in limine . Continue preparation of witness directs for trial. 4.50 05/18/2018 IR Travel to and from Palm Beach Circuit Court, in preparation for Monday's trial; receipt and review several emails from opposing counsel regarding trial exhibits and other final requests and responses; preparation of City of Boynton Beach's trial team's portable office trial to go box of portable office needed for trial commencing Monday, May 21, 2018; 9.20 RAA Travel to and visit court for mock run ahead of scheduled trial. Confer with Attorney DeCarlo re trial preparation and strategy. Continue drafting Motion to Dismiss for anticipated use during trial. Review and analyze video evidence to prepare for use during trial. 5.40 TAD Review case law re: plaintiff exhibits and demonstrative aids. Receipt of correspondence from plaintiff re: exhibits. Attend meeting at court house re: trial preparation. Continue trial preparation. 8.80 05/19/2018 RAA Additional research of case law supporting dismissal of action for fraud; Continue drafting and finalize draft of Motion to Dismiss for submission during jury trial; Select and prepare exhibits for attachment. 7.20 TAD Review case law re: motions in limine and prepare for arguments at trial re: issues. Perform research re: evidence required for medical bills and lost wage claims for trial. Revise open and prepare for trial. 3.60 05/21/2018 RAA Travel to and attend first day of jury trial; Make further changes to Motion To Dismiss and add exhibits based on additional supporting evidence in record. 10.50 IR Travel to and attendance at jury trial in this matter, before Judge French, Page 378 of 633 Page: 5 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905132 STATEMENT NO: 20356 adv. Wade, George (auto accident) HOURS commencing today; 10.80 TAD Attend trial. Confer with plaintiff counsel re: trial issues. Confer with all witnesses re: trial attendance. Draft revised jury instructions. Revise direct of witnesses based upon testimony 12.70 05/22/2018 RAA Travel to and attend second day of jury trial. 8.50 TAD Attend trial of matter. Review motion for fraud re: revisions. Prepare closing arguments. Meet with clients and witnesses re: testimony. 12.80 IR Travel to and attendance at jury trial in this matter, before Judge French; received jury verdict. 11.80 05/23/2018 IR Conferences regarding jury verdict from trial; reviewed all documents and put paralegal notes in order, to be closed out [pending appeal by either party]. 1.30 RAA Receive and review correspondence and draft final judgment from plaintiffs counsel. 0.20 TAD Receipt and review of correspondence re:judgment from adjuster and prepare response to same. Receipt of correspondence from Plaintiff re: costs and prepare response to same. 0.60 05/24/2018 RAA Correspondences from opposing counsel re: costs for inclusion in final judgment; Review attachment and scrutinize costs. 0.30 TAD Receipt and review of correspondence re:judgment and prepare response to same. 0.20 05/29/2018 IR Reviewed post-trial deadlines, post verdict dated 5.22.18; receipt and reviewed Final Judgment entered by the Court this date, citing the jury's verdict of May 22, 2018. 0.90 FOR CURRENT SERVICES RENDERED 281.30 48,882.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.40 $205.00 $82.00 IAN SINGER 7.90 205.00 1,619.50 RYAN A.ABRAMS 59.80 205.00 12,259.00 INGRID RIERA 109.80 125.00 13,725.00 TRACEY A. DECARLO 103.40 205.00 21,197.00 Color photocopies 79.10 Parking 23.00 Photocopies 971.60 TOTAL EXPENSES THRU 05/31/2018 1,073.70 05/10/2018 Florida Department of Law Enforcement- Search 24.00 24.00 Page 379 of 633 Page: 6 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905132 STATEMENT NO: 20356 adv. Wade, George (auto accident) 05/02/2018 Parking -TAD 4.00 05/10/2018 Parking -TAD 8.00 05/16/2018 Parking -TAD 3.00 05/18/2018 Parking -TAD 4.00 05/21/2018 Parking -TAD 15.00 05/31/2018 Parking -TAD 3.35 Parking - 37.35 TOTAL ADVANCES THRU 05/31/2018 61.35 TOTAL CURRENT WORK 50,017.55 BALANCE DUE $50,017.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 380 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905190 Boynton Beach FL 33425 STATEMENT NO: 20357 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 05/07/2018 TAD Receipt and review of additional case law. Prepare City;s answer and affirmative defenses to amended complaint. 3.20 05/08/2018 TAD Receipt and review of case law re: response to amended complaint. Receipt of correspondence from outside counsel re: proposal. Receipt of return of service on Eugene and Bond. Receipt of correspondence from outside counsel re: request for information on event. 2.70 05/10/2018 TAD Telephone conference with city manager and risk director re: claims and issues from personnel files. 0.40 05/13/2018 TAD Revise answer and affirmative defenses to include additional defenses. review case law re: additional defenses to plaintiff claims. 2.30 05/23/2018 RAA Review memorandum provided by co-counsel with pictures of the deceased plaintiff; Review Pleadings. 0.60 05/25/2018 TAD Receipt and review of correspondence re: report and prepare response to same. Receipt of notice of non-party production and prepare request for record from same. Receipt of second notice of non-party production and prepare request for records. 0.70 FOR CURRENT SERVICES RENDERED 9.90 2,029.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.60 $205.00 $123.00 TRACEY A. DECARLO 9.30 205.00 1,906.50 TOTAL CURRENT WORK 2,029.50 BALANCE DUE $2,029.50 Page 381 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905213 Boynton Beach FL 33425 STATEMENT NO: 20358 Attn: Lynn Swanson adv. Coupet, Kenson (parent of child injured) Billing Category: 18- RLO Claim#001470-000405-GB-01 HOURS 05/04/2018 TAD Receipt and review of request for copies of non-party records. Review claim information re: subpoenas. 0.20 05/31/2018 TAD Receipt and review of motion and case law. Extended telephone conference with Plaintiff counsel re: claim and potential resolution of motion and case. 0.70 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 382 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905215 Boynton Beach FL 33425 STATEMENT NO: 20359 Attn: Lynn Swanson adv. Honacher, Jack (Baker Act- Police) Billing Category: 18- RLO HOURS 05/01/2018 TAD Receipt and review of release document and prepare correspondence to City re: same. 0.30 05/04/2018 TAD Receipt and review of correspondence from plaintiff re: settlement and prepare response to same. 0.20 05/10/2018 TAD Prepare correspondence to court re: hearing. Receipt of response to same. Receipt of order on case management conference. Prepare correspondence to plaintiff re: order. 0.80 05/23/2018 TAD Prepare final disposition sheet, stipulation and order. Prepare correspondence to plaintiff re: same. 0.40 05/25/2018 TAD Prepare correspondence to city re: order of dismissal. 0.20 FOR CURRENT SERVICES RENDERED 1.90 389.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.90 $205.00 $389.50 TOTAL CURRENT WORK 389.50 BALANCE DUE $389.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 383 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905216 Boynton Beach FL 33425 STATEMENT NO: 20360 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470-000410-EP-01 HOURS 05/02/2018 TAD Meet with Moreno re: information on claim. Prepare correspondence to plaintiff counsel re: depositions. 3.30 05/03/2018 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. Prepare correspondence to officers re: depositions. Review information for deposition of Magnanti and prepare for same. 1.90 05/04/2018 TAD Prepare motion to continue and notice of hearing on same. Prepare correspondence to plaintiff counsel re: motion. 1.30 05/11/2018 TAD Receipt and review of correspondence re: Trejo and prepare response to same. 0.30 05/15/2018 TAD Receipt and review of correspondence re: motion to disqualify. Receipt of motion and affidavit. Prepare correspondence to Plaintiff re: same. Receipt of correspondence to Court re: motion and order. 1.30 05/16/2018 TAD Attend hearing on motion to disqualify and continue. Confer with Plaintiff counsel. Prepare correspondence to City re: same. 4.70 05/19/2018 JAC Review order re: disqualification and review/audit pleadings. 0.60 05/23/2018 TAD Receipt and review of email from plaintiff re: trial and prepare response to same. Revise notice of hearing on motion to continue. Confer with Plaintiff counsel re: trial and mediation. Prepare correspondence to Court re: motion to continue and trial conflict. 0.90 05/24/2018 IR Receipt and review of trial deadlines, pursuant to Judge Sasser's Order entered April 17, 2018 regarding newly filed motions, in preparation for next trial period commencing May 29, 2018 through July 6, 2018; prepared tickler for May 30, 2018 to check Division AK trial docket [Judge Sasser follows e-calendar call, with conflicts due to the Court by May 24, 2018]; conference regarding trial preparation and the City of Boynton Beach's Motion to Continue trial, to be rescheduled from today's UMC calendar. 1.60 Page 384 of 633 Page: 2 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905216 STATEMENT NO: 20360 adv. Ryan, Ronald (whistleblower PD) HOURS TAD Receipt and review of correspondence from plaintiff re: calendar call and prepare response to same. Prepare correspondence to plaintiff re: discovery. Prepare motion to continue trial and notice of hearing on same. Receipt of correspondence to court re: calendar call and prepare correspondence to plaintiff re: same. 0.90 05/29/2018 IR Reviewed online court docket and online Judge Sasser's trial schedule, for period commencing May 29, 2018 through July 6, 2018 [no trials listed, thus far]; conference with TAD regarding same. 0.60 05/30/2018 IR Receipt and review of Plaintiffs paralegal email regarding trial commencing the week of June 11 - 15, 2018; online review of Judge Sasser's trial docket [posted this date]; conferences with TAD; telephone conference with Judge Sasser's judicial assistant; conference call with Plaintiffs paralegal and TAD; prepared ticklers for follow up on City's pending motion to continue; conference regarding UMC hearing date, to be moved up, in advance of trial period, set by the Court. 1.30 TAD Receipt and review of correspondence from plaintiff re: mediation and trial and prepare response to same. Review information on trial setting with IVR. Prepare correspondence re: same. 0.80 05/31/2018 IR Online check of Court's Trial June trial calendar; reviewed City of Boynton Beach's correspondence with the Court explaining court filings, etc.; reviewed online court docket recently filings and dates of same; online research of proposed mediator, by Plaintiffs paralegal; 1.70 FOR CURRENT SERVICES RENDERED 21.20 3,930.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.60 $205.00 $123.00 INGRID RIERA 5.20 125.00 650.00 TRACEY A. DECARLO 15.40 205.00 3,157.00 Photocopies 8.05 TOTAL EXPENSES THRU 05/31/2018 8.05 TOTAL CURRENT WORK 3,938.05 BALANCE DUE $3,938.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 385 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905237 Boynton Beach FL 33425 STATEMENT NO: 20361 Attn: Lynn Swanson adv. Clemens, Jennifer ( Personal Injury) Billing Category: 18- RLO Claim#001470-000417-GB-01 HOURS 05/11/2018 TAD Receipt and review of order on case management conference. Receipt of correspondence re: order and order and prepare response to 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 386 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905277 Boynton Beach FL 33425 STATEMENT NO: 20362 Attn: Lynn Swanson adv. Meyer, Tamara (MVA) Billing Category: 18- RLO Claim#001470-000427-AB-01 HOURS 05/14/2018 TAD Receipt and review of correspondence from city and adjuster re: claim status and report. Review report. 0.30 IR Receipt and review of email enclosing Gallagher Bassett Detailed Status Report Liability on this claim; prepared tickler to retrieve information and check discovery status on this case. 0.30 FOR CURRENT SERVICES RENDERED 0.60 99.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TRACEY A. DECARLO 0.30 205.00 61.50 TOTAL CURRENT WORK 99.00 BALANCE DUE $99.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 387 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905282 Boynton Beach FL 33425 STATEMENT NO: 20363 Attn: Lynn Swanson adv. Garber M.D., Harvey (excessive force) Billing Category: 18- RLO Claim#001470-000429-PP-01 HOURS 05/01/2018 TAD Receipt and review of complaint. Confer with outside counsel re: removal. Review statute re: removal requirements. 1.30 05/03/2018 TAD Receipt and review notices of removal and prepare correspondence to co-counsel re: same. Receipt of notice of judicial assignment. 0.40 05/04/2018 TAD Receipt and review of case law re: response to complaint. Receipt of correspondence from outside counsel re: evidence and representation. 1.30 05/07/2018 TAD Telephone conference with City re: issues with claim and video. Receipt of correspondence re: motion for extension of time. 0.30 05/08/2018 TAD Receipt and review of motion for extension of time from officers. Prepare motion for extension of time for Katz and City. Receipt of correspondence from City re: videos and requests. 1.80 05/09/2018 RAA Review information claim. 0.40 TAD Review information on claim. Review statute re: request for records. Confer with City re: request and with JAC re: claim issues. 0.50 05/15/2018 RAA Review Complaint and review rules of procedure and research case law re: sufficiency of allegations. Begin drafting Answer and Affirmative Defenses. 1.00 TAD Receipt and review of correspondence re: additional information on arrest. Review additional information from City and prepare correspondence to officer counsel re: same. 0.80 05/16/2018 RAA Research case law and statutes supporting Section 1983 cause of action in federal court; Determine whether Complaint legally states a 1983 claim against the City or the police chief; Review the evidence in file; Continue drafting answer and affirmative defenses. 6.40 TAD Confer with RAA re: response to complaint. Prepare correspondence to City re: report. Review additional information from the City re: incident. 0.80 05/17/2018 RAA Draft Motion to Dismiss Complaint against chief of police; Research case Page 388 of 633 Page: 2 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905282 STATEMENT NO: 20363 adv. Garber M.D., Harvey (excessive force) HOURS law in support of affirmative defenses based on state law, and loss of wage claim; Review, edit and finalize draft of Answer and Affirmative Defenses. 2.60 TAD Receipt and review of officers motion to dismiss and supporting memorandum of law. Review case law re: claims and courts procedures. 1.30 05/23/2018 TAD Receipt and review of correspondence from plaintiff and officer counsel re: mediation and prepare correspondence to City re: same. 0.30 05/24/2018 TAD Receipt and review of correspondence from officer counsel re: mediation and mediator and prepare response to same. Receipt of order from the Court re: deadlines and discovery schedule. Receipt of order setting status conference. Receipt of standing order on discovery from magistrate. 1.70 05/29/2018 TAD Receipt and review of additional information from the City re: incident and officers. Receipt of correspondence from plaintiff counsel re: mediation. Prepare correspondence to the City re: mediation and receipt of response to same. 1.30 IR Initial review of Order Setting Pretrial Deadlines, Order of Requirements, Order of Reference to Magistrate Judge and Order of Reference to Mediation, entered by US District Court Judge Robin L. Rosenberg on May 24, 2018; conferences regarding detailed deadline dates and summaries of same -including follow up ticklers. 1.20 FOR CURRENT SERVICES RENDERED 23.40 4,701.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 10.40 $205.00 $2,132.00 INGRID RIERA 1.20 125.00 150.00 TRACEY A. DECARLO 11.80 205.00 2,419.00 Photocopies 14.35 TOTAL EXPENSES THRU 05/31/2018 14.35 TOTAL CURRENT WORK 4,715.35 BALANCE DUE $4,715.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 389 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905317 Boynton Beach FL 33425 STATEMENT NO: 20364 Attn: Lynn Swanson adv. Harris, Justin (M/Atty Fees-Federal suit) Billing Category: 18- RLO Claim# HOURS 05/01/2018 JAC Call with R. King re: service of motion for attorney fees- Harris related case; follow up review re: same. 1.10 TAD Receipt and review of docket re: filings. Telephone conference with PBA attorney re: service of motion. Confer with City and JAC re: same. Review motion re: response. 1.20 05/02/2018 TAD Receipt and review of order from Court re: response to motion . 0.20 05/10/2018 TAD Revise memorandum in opposition. review additional authority re: jurisdiction. Telephone conference with US attorney re: memorandum. 1.90 RAA Research case law and statutes re federal court's ancillary jurisdiction for evaluation of jurisdictional response to Harris' Motion for Attorney's Fees. 1.50 05/11/2018 RAA Continue research of ancillary jurisdiction issue re: response to Harris' Motion for Attorney's Fees 3.00 05/13/2018 TAD Review additional case law re: response to motion for fees. Revise memorandum in opposition to motion for fees. 2.30 05/14/2018 RAA Review and edit final draft of Response to Motion for Attorney's Fees. 0.70 TAD Telephone conference with US attorney re: response to motion for fees and jurisdiction issues. 0.30 IR Receipt and review of City's of Boynton Beach's Memorandum in Opposition to Defendant's Motion for Attorneys' Fees and Costs; reviewed pleadings regarding any additional filings regarding fees or responses from the government. 0.30 05/16/2018 TAD Confer with Harris counsel re: response to motion and receipt of correspondence re: same. Receipt of motion for extension of time and proposed order on same. 0.50 05/17/2018 TAD Receipt and review of order setting hearing on motion for fees. 0.20 05/23/2018 TAD Receipt and review of Harris memorandum re: opposition to the City's Page 390 of 633 Page: 2 CITY OF BOYNTON BEACH 06/04/2018 ACCOUNT NO: 306-9905317 STATEMENT NO: 20364 adv. Harris, Justin (M/Atty Fees-Federal suit) HOURS position. Review case law cited by Harris re: hearing. Confer with City re: information for hearing. 2.80 05/24/2018 IR Receipt and review of various court filings in USDC in West Palm Beach, regarding the Magistrate Judge's order to appear for special set hearing on Justin Harris' Motion for Attorneys' Fees and Costs; prepared tickler to follow up with TAD next week, regarding preparation for special set hearing of May 31, 2018. 0.40 05/30/2018 IR Receipt and review of email regarding project pertaining to United States District Court, Southern District of Florida, West Palm Beach Division Criminal Court special set hearing on Justin Harris' Motion for Attorneys' Fees and Costs be paid by the City of Boynton Beach; prepared hearing binders of all parties' motions and responses to Harris' request; legal research regarding same and conferences with TAD. 5.70 TAD Receipt and review of US response to motion for fees. Review additional case law re:jurisdictional issues and in preparation for hearing. Confer with Police Department re: information on investigation for hearing. 3.90 05/31/2018 TAD Review additional case law re: hearing and prepare outline of arguments. Attend hearing on motion for fees. 4.40 JAC Review claim status; discuss with TD; miscellaneous research. 0.80 IR Finalized hearing notebooks and legal research pertaining to Justin Harris' Motion for City to pay Attorneys' Fees and Costs; updated hearing books and conferences with TAD regarding special set hearing this afternoon. 1.10 FOR CURRENT SERVICES RENDERED 32.30 6,021.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.90 $205.00 $389.50 RYAN A.ABRAMS 5.20 205.00 1,066.00 INGRID RIERA 7.50 125.00 937.50 TRACEY A. DECARLO 17.70 205.00 3,628.50 Color photocopies 2.45 Photocopies 138.25 TOTAL EXPENSES THRU 05/31/2018 140.70 TOTAL CURRENT WORK 6,162.20 BALANCE DUE $6,162.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 391 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905320 Boynton Beach FL 33425 STATEMENT NO: 20365 Attn: Lynn Swanson adv. Russell Hugh Cooper Billing Category: 18- RLO HOURS 05/25/2018 TAD Receipt and review of correspondence re: service on officers. Review case law re: motion to dismiss. 3.70 05/29/2018 TAD Continue review of case law and prepare draft motion to dismiss and memorandum of law supporting same. Prepare correspondence to City re: information on incident . 4.30 05/31/2018 TAD Continue draft of motion to dismiss with supporting memorandum of law. 2.20 IR Conference with TAD regarding project of City of Boynton Beach's response to Complaint filed by Russell Cooper's and served upon the City; retrieval of legal research and shepardized same; online research; reviewed Plaintiffs federal court complaint, including list of defendants and the allegations against each person and entity; prepared email regarding findings. 3.20 FOR CURRENT SERVICES RENDERED 13.40 2,491.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 3.20 $125.00 $400.00 TRACEY A. DECARLO 10.20 205.00 2,091.00 Photocopies 28.70 TOTAL EXPENSES THRU 05/31/2018 28.70 TOTAL CURRENT WORK 2,519.70 BALANCE DUE $2,519.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 392 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905323 Boynton Beach FL 33425 STATEMENT NO: 20366 Attn: Lynn Swanson adv. Samad, Raheel, a minor(park injury) Billing Category: 18- RLO Claim# HOURS 05/16/2018 TAD Receipt and review of correspondence re: claim and claim letter. Receipt of additional information from the City re incident. 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 393 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905325 Boynton Beach FL 33425 STATEMENT NO: 20367 Attn: Lynn Swanson adv. Dorce, Annesha (Public Works) Billing Category- 18 -RLO Claim# HOURS 05/16/2018 TAD Receipt and review of correspondence re: claim information. Review photographs and claim reports re: discussion with City. 0.40 FOR CURRENT SERVICES RENDERED 0.40 130.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.40 $325.00 $130.00 TOTAL CURRENT WORK 130.00 BALANCE DUE $130.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 394 of 633 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 06/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905326 Boynton Beach FL 33425 STATEMENT NO: 20368 Attn: Lynn Swanson adv. Gallegos, Doris (Public Works) Billing Category: 18- RLO Claim# HOURS 05/25/2018 TAD Receipt and review of correspondence re: incident and damages. Review records regarding same re: discussion with City on repairs. 0.50 FOR CURRENT SERVICES RENDERED 0.50 162.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.50 $325.00 $162.50 TOTAL CURRENT WORK 162.50 BALANCE DUE $162.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 395 of 633 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-April 2018 Yesnick v City 0.00 Braswell v City 0.00 Boynton Old School v City 0.00 Andrews v Haugh 0.00 Garber v Dunlop and CBB 1,877.50 Kimsey v City& Brooks 1,314.60 Harris v City 0.00 Broberg v City 7,911.41 11,103.51 TOTAL April 2018 Outside Counsel - Risk 11,103.51 Page 396 of 633 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 May 15, 2018 Attn: claims@bbfl.us Bill No. 41269 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 04/30/18 PROFESSIONAL SERVICES Date Services Attorney Hours 04/01/18 Review case materials, including Plaintiffs Complaint, Plaintiffs RKD 1.00 and Defendant's Answers to Interrogatories and Requests for Production, emails, and other pertinent documents to prepare copies of same for use and potential exhibits for Plaintiffs continued deposition former Chief Katz. 04/02/18 Receipt and review of invoice for records from Seminole Tribe LHR 0.10 of Florida, pertaining to plaintiff, Lief Broberg, pursuant to subpoena for deposition duces tecum. 04/03/18 Receipt and review of Plaintiffs Amended Response to LHR 0.50 Defendant City's Request for Admission No. 18. 04/04/18 Preparation of e-mail to Chief Katz re: Plaintiffs exhibit binders AGA 0.20 for upcoming deposition. 04/04/18 Receipt and review of e-mail from Chief Katz re: Plaintiffs AGA 0.20 exhibit binders for upcoming deposition. 04/04/18 Receipt and review of second e-mail from Chief Katz re: AGA 0.20 received Plaintiffs exhibit binders for upcoming deposition. 04/04/18 Preparation of second email to Chief Katz re: confirming receipt AGA 0.20 Plaintiffs exhibit binders for upcoming deposition. 04/04/18 Travel to Richmond, Virginia for Plaintiffs continued deposition LHR 7.50 of former Chief Katz the next day. 04/05/18 Attendance at Plaintiffs continued deposition of former Chief LHR 9.60 Jeffrey Katz in Chesterfield, Virginia. 04/06/18 Travel to return travel from Richmond, Virginia to West Palm LHR 7.50 Beach, Florida. 04/09/18 Telephone conference with City human resources director Julie JHL 0.30 Oldbury re: the City's private pension/DROP program. Page 397 of 633 Client: City of Boynton Beach May 1 , 2018 Matter: 15414 - Broberg v. Boynton Beach et al. Page 2 PROFESSIONAL SERVICES Date Services 04/09/18 Receipt and review of e-mail from Julie Oldbury, City, re: Lief JHL 0.20 Broberg's Drop Enrollment and City of Boynton Beach's Ordinance Article I I I- Sec. 18-175 Drop. 04/09/18 Receipt and review of Lief Broberg's Drop Enrollment and City JHL 0.40 of Boynton Beach's Ordinance Article III- Sec. 18-175 Drop. 04/09/18 Preparation of email response to Julie Oldbury, City, re: Lief JHL 0.20 Broberg's Drop Enrollment and City of Boynton Beach's Ordinance Article III- Sec. 18-175 Drop. 04/09/18 Receipt and review of second e-mail from Julie Oldbury, City, JHL 0.20 re: Lief Broberg's Drop Enrollment and City of Boynton Beach's Ordinance Article 111- Sec. 18-175 Drop. 04/09/18 Preparation of second email to Julie Oldbury, City, re: additional JHL 0.20 documents relevant to the DROP program. 04/09/18 Receipt and review of third email from Julie Oldbury, City, r : JHL 0.20 internal Employee Activity Report. 04/09/18 Receipt and review of City of Boynton Beach's internal JHL 0.20 Employee Activity Report. 04/10/18 Telephone conference with Boynton Police Pension Plan JHL 0.20 Administrator Robert Dorn re: provisions for reemployment after entrance into DROP program. 04/10/18 Research Florida Statutes and Case law re: reemployment after JHL 1.00 entering DROP program. 04/10/18 Receipt and review of correspondence from Plaintiffs counsel LHR 0.20 Alvarez re: depositions of Julie Oldbury and Lori LaVerriere. 04/11/18 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 depositions of Town Manager Lori LaVerriere and her. 04/11/18 Receipt and review of email response from City Risk Manager LHR 0.20 Julie Oldbury re: her deposition. 04/11/18 Receipt and review of second e-mail from City Risk Manager LHR 0.20 Julie Oldbury re: depositions of City Manager Lori LaVerriere and herself, and pre-deposition meetings. 04/11/18 Receipt and review of e-mail from Erin DeYoung, counsel for LHR 0.20 City of Maitland re: her inquiries concerning subpoena directed to City, issues concerning same, and attempting to resolve subpoena. 04/12/18 Preparation of e-mail to Plaintiffs counsel Alvarez re: LHR 0.20 depositions of City Risk Manager Julie Oldbury and City Manager Lori LaVierriere. 04/12/18 Preparation of e-mail to City Risk Manager Julie Oldbury re: her LHR 0.20 pre-deposition meeting. 04/12/18 Preparation of e-mail to City Manager Lori LaVerriere re: her LHR 0.20 anticipated deposition and pre-deposition meeting. 04/12/18 Receipt and review of email response from City Risk Manager LHR 0.20 Julie Oldbury re: her pre-deposition meeting. Page 398 of 633 Client: City of Boynton each May 15, 2018 Matter: 15414 - Broberg v. Boynton each et al. Page 3 PROFESSIONAL SERVICES Date Services Afforney Hours 04/12/18 Preparation of second email to City Risk Manager Julie Oldbury LHR 0.20 re: her pre-deposition meeting. 04/12/18 Receipt and review of second e-mail from City Risk Manager LHR 0.20 Julie Oldbury re: her pre-deposition meeting. 04/12/18 Preparation of third email to City Risk Manager Julie Oldbury LHR 0.20 re: her pre-deposition meeting. 04/12/18 Receipt and review of email response from City Manager Lori LHR 0.20 LaVerriere re: her pre-deposition meeting. 04/12/18 Preparation of second email to City Manager Lori LaVerriere re: LHR 0.20 her pre-deposition meeting. 04/12/18 Receipt and review of second e-mail from City Manager Lori LHR 0.20 LaVerriere re: her pre-deposition meeting. 04/12/18 Preparation of third email to City Manager Lori LaVerriere re: LHR 0.20 her pre-deposition meeting. 04/12/18 Receipt and review of third email response from City Manager LHR 0.20 Lori LaVerriere re: her pre-deposition meeting. 04/12/18 Receipt and review of e-mail from City Manager Lori LaVerriere LHR 0.20 re: her pre-deposition meeting. 04/13/18 Receipt and review of Plaintiffs Third Set of Interrogatories to LHR 0.50 Defendant Boynton Beach and Notice of Serving same. 04/16/18 Preparation of initial draft of defendant, City of Boynton Beach's LHR 1.50 answers to plaintiff, Lief Broberg's interrogatories. 04/17/18 Receipt and review of Plaintiffs Notice of Taking Deposition of LHR 0.20 Lori LaVerriere. 04/17/18 Receipt and review of Plaintiffs Notice of Taking Deposition of LHR 0.20 Julie Oldbury. 04/17/18 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Taking Depositions of her and Lori LaVerriere and confirmation of pre-deposition meetings. 04/19/18 Preparation of correspondence to Julie Oldbury, City's Risk LHR 0.30 Manager, re defendant, City of Boynton Beach's, proposed answers to plaintiff, Lief Broberg's interrogatories. 04/23/18 Correspondence to City Risk Manager Julie Oldbury re: LHR 1.60 summary of continued deposition of former Chief Jeffrey Katz. 04/23/18 Preparation of correspondence to Colonel Jeffrey Katz re: LHR 0.30 enclosing deposition transcript and eratta sheet, for review and execution. 04/25/18 Receipt and review of e-mail from Julie Oldbury re: City's input LHR 0.40 for plaintiffs supplemental interrogatories and review attachment thereto. Page 399 of 633 Client: City of Boynton each May 15, 2018 Matter: 15414 - Broberg v. Boynton Beach et al. Page 4 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 0,80 165.00 132.00 JHL Jordan H. Lewis, Associate 3.10 140.00 434.00 LHR Lyman H. Reynolds, Jr., Partner 34.00 165.00 5,610.00 RKD Rebecca K. Davis, Paralegal 1.00 80.00 80.00 Total Professional Services 38.90 $6,256.00 DISBURSEMENTS Date Description Amount 04/02/18 Photocopies 15.00 04/03/18 Subpoena Fees #LAS-2018003879 service: Delray 25.00 Shooting Center re: Broberg - Legal Advocate Services, Inc. 04/06/18 Subpoena Fees #LAS-2018003882 service: Seminole 56.00 Tribe re: Broberg - Legal Advocate Services, Inc. 04/06/18 Travel Chesterfield, VA: attend Plfs continued depo, Chief 1,340.48 Katz, retired. Airfare $590.60; Lodging $275.32; Meals $46.20; Auto rental $390.85; Auto fuel $4.51; Parking $33.00. - Lyman H. Reynolds, Jr. 04/06/18 Travel Chesterfield, VA: attend continued depo, Chief 86.93 Katz, retired in VA. Meals $64.33; Tolls $8.60; Tips $14.00. - Lyman H. Reynolds, Jr. 04/23/18 Subpoena Fees #LAS-2018003884 service: Maitland 55.00 Police re: Broberg - Legal Advocate Services, Inc. 04/30/18 Outside Printing Inv#18-0373 re: Broberg - Seminole Tribe 77.00 of Florida Total Disbursements $1,655.41 CURRENT BILL TOTAL AMOUNT DUE $ 7,911.41 Balance Forward: 2,159.40 Payments &Adjustments: -2,159.40 Total Due: $ 7,911.41 Page 400 of 633 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 May 17, 2018 Attn: claims@bbfl.us Bill No. 41490 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Kimsey v. Boynton Beach & Brooks 12364 Claim #N/A BILL FOR FEES AND COSTS THROUGH 04/30/18 PROFESSIONAL SERVICES Date Services Afforney Hours 04/02/18 Review/Analyze Billing ledger received from Palm Beach DPC 0.20 Medical pursuant to our subpoena duces tecum. 04/03/18 Communicate/Other External correspondence to Palm Beach KLR 0.20 Medical & Rehab re our subpoena for updated balance-$O. 04/03/18 Review/Analyze of correspondence from Palm Beach Medical KLR 0.20 advising $0 balance, to update medical bills log. 04/09/18 Correspondence to Terri DeCarlo re: evaluation sent to Julie DPC 0.20 Oldbury, will follow up with Plaintiffs counsel concerning their demand and inquiring if she wants to discuss same. 04/16/18 Review/Analyze of file to be sure to list all fact witnesses for KLR 1.10 trial disclosure due 4/23/18. 04116/18 Telephone conference with Mary Krhovsky re- potential OPC 0,30 settlement and response to demand. 04/16/18 Follow-up correspondence to Julie Oldbury and Terri DeCarlo DPC 0.30 re: if they want to respond to Plaintiffs demand. 04/17/18 Draft/Revise Defendant's Trial Exhibit List Disclosure DPC 0.50 04/17/18 Draft/Revise Defendant's Trial Fact and Expert witness list DPC 0.60 Disclosure 04/17/18 Preparation of Correspondence to Mary Krhovsky re: we have DPC 0.30 until May 18, 2018 to file a proposal for settlement. 04/17118 Review/Analyze of file to be sure to list all documents for trial KLR 1.20 exhibit disclosure due 4/23/18. 04/20/18 Communicate/Other External Correspondence to Daniel KLR 0.30 Barshinger, PE enclosing the accident report to open his file as our accident reconstructionist expert. Page 401 of 633 Client: City of Boynton Beach May 17, 2018 Matter: 12364 - Kimsey v. Boynton Beach & Brooks Page PROFESSIONAL ServicesDate r 04/20/18 Communicate/VVith Client Correspondence to Mary Krhovksy DPC 0.30 obtaining authorization to retain experts. 04/20/18 Communicate/Other External telephone conference with Daneil KLR 0.20 Barshinger/Colin Jordan to discuss retention as accident reconstruction ist in this matter, advised would be willing to assist. 04/20/18 Communicate/Other External telephone conference with KLR 0.20 Robyn/Dr. Schechter to see if can perform records review for us in this matter, advised can assist. 04/20/18 Multiple communications with Mr. Thomas re: requesting to DPC 0.30 discuss Plaintiffs demand and discuss potential settlement of case. 04/20/18 Telephone conference with Tracy DeCarlo re. resolution of DPC 0.30 case. 04/23/18 Communicate/With Client Correspondence to Mary Krhovsky KLR 0.20 following up on the needed authorization to retain experts. 04/24/18 Attendance at telephone conference with Chuck Thomas re: DPC 0.30 Plaintiff's $20,000 demand. 04/24/18 Correspondence to Terri DeCarlo re: advising contact Plaintiffs DPC 0.30 attorney today and confirming authority to settle up to $12, 500. 04/25/18 Receipt and review of Plaintiffs Exhibit List. DPC 0.40 04/25/18 Receipt and review of Plaintiffs Witness List. DPC 0.30 04/26/18 Receipt and review of Plaintiffs Expert Interrogatories DPG 0.40 regarding Schechter. 04/26/18 Receipt and review of Plaintiffs Expert Interrogatories DPC 0.40 regarding Barshinger. 04/27/18 Fallow-up correspondence to Chuck Thomas r : Plaintiffs DPC 0.20 response to our offer. 04/27/18 Receipt and review of correspondence from Chuck Thomas re: DPC 0.30 outstanding balance of bills, not looking to negotiate settlement, issues with difference of Officer Brooks and investigating officer and counter demand of$18,500.00. 04/27/18 Correspondence to Chuck Thomas re: advising investigating DPC 0.30 officer's deposition has not been taken, amount of the bills is significant issue and counter offer of$18,500. SERVICESPROFESSIONAL Code Name Hours Rate Amount DPC Danna P. Clement, Partner 6.20 165.00 1,023.00 KLR KathrynL. Reeves, Paralegal 3.60 80.00 288.00 Total Professional ices 9.80 $1,311.00 Page 402 of 633 Client: City of Boynton each May 17, 2018 Matter: 12364 - Kimsey v. Boynton each & Brooks Page 3 DISBURSEMENTS Date Description Amount Photocopies thru 04/30/18 3.60 Total Disbursements CURRENT BILL TOTAL AMOUNT DUE $ 1,314.60 Balance Forward: 1,457.50 Payments &Adjustments: -0.00 Total Due: $ 2,772.10 Page 403 of 633 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 May 17, 2018 Attn: Mary Krhovsky Bill No. 41457 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Garber v. Dunlop and CBB 18273 Claim # BILL FOR FEES AND COSTS THROUGH 04/30/18 PROFESSIONAL SERVICES Date Services Aftorney Hours 04/16118 Review/Analyze Correspondence from Julie Oldbury re: new BLB 0.50 case. 04/16/18 Draft/Revise Correspondence to Julie Oldbury re: no conflict, BLB 0.20 can take file and forward file materials. 04/16118 Review/Analyze Plaintiffs criminal docket probable cause SWK 0.40 affidavit 04/16/18 Communicate/With Client telephone conference with Tracey SWK 0.30 DeCarlo, counsel for City of Boynton Beach re discussing file, potential removal to federal court, and whether other parties have been served 04/16/18 Research criminal docket to determine and identify if Plaintiff SWK 0.40 was arrested in subject incident and review of probable cause affidavit related to same 04/17/18 Draft/Revise Notice of Appearance. DPC 0.10 04/17/18 Draft/Revise Notice of Unavailability. DPC 0.10 04/17/18 Draft/Revise Email Designation. DPC 0.10 04/17/18 Draft/Revise Correspondence to Mary Krhovsky re: confirm DPC 0.30 new case and request file documents. 04/17/18 Draft/Revise Correspondence to Sgt Dunlop re: advise of DPC 0.30 representation in case and request of documents. 04/17/18 Draft/Revise Statement of Insureds Clients Rights. DPC 0.20 04/18/18 Review/Analyze file materials, voluminous photographs of the DPC 1.60 scene, reports, audiotape, and videotapes received from Julie Oldbury. Page 404 of 633 Client: City of Boynton Beach May 17, 2018 Matter., 18273 - Garber v. Dunlop and CBB Page 2 PROFESSIONAL Date Services Attorney 04/18/18 Communicate/VVith Client Correspondence from Julie Oldbury BLB 0.30 re: inquiring if we can represent all the officers and requesting our information for dropbox to provide City documents. 04/19/18 Review/Analyze of complaint, probable cause affidavit, BBPD KLR 1.90 reports, and few other various correspondence received in this new matter, for witnesses and other information for future discovery and beginning witness list. 04/20/18 Review/Analyze of 2 body cam videos received from CRB KLR 0.80 counsel from 6/5/17 for any new information for possible future discovery. 04/23/18 Review/Analyze Correspondence from Julie Oldbury re: can BLB 0.30 we represent all officers. 04/23/18 Draft/Revise Correspondence to Julie Oldbury re: may be able BLB 0.40 to represent all officers but will need conflict waivers. 04/26/18 Draft/Revise Defendant's Joint Notice of Removal from State SWK 0.30 Court 04/26/18 Draft/Revise Defendant's Joint Notice of Removal to Federal SWK 0.70 Court 04/29/18 Plan and Prepare for In person meeting with Officer John DPC 1.50 Dunlop, including but not limited to review of incident report, video and complaint. 04/30/18 Appear For/Attend In person meeting with Officer John Dunlop IDPC 1.20 here at our office (no travel time billed)/ 04/30/18 Appear For/Attend meeting with Sgt. Dunlop discussing case SWK 1.20 (No travel billed) 04/30/18 Communicate/With Client correspondence to and from Tracey SWK 0.20 Decarlo re IA investigation files related to the subject use of force incident PROFESSIONALI Code Name HoursAmount BLB Benjamin L. Bedard, Partner 1.70 165.00 280.50 DPC nna P. Clement, Partner 5.40 165.00 891.00 KLR Kathryn L. Reeves, Paralegal 2.70 80.00 216.00 SWK Stephanie W. Kufer, Associate 3.50 140.00 490.00 Total Professional Services 13.30 $1,877.50 DISBURSEMENTS Date ri tin Amount 04/19/18 Copying Excess carrier Gallagher Bassett 4.80 Page 405 of 633 Client: City of Boynton each May 17, 2018 Matter.- 18273 - Garber v. Dunlop and CBB Page 3 DISBURSEMENTS Date Description Amount 04/20/18 Copying Excess carrier Gallagher Bassett 0.30 Total Disbursements CURRENT BILL TOTAL AMOUNT DUE 1,882.60 Balance Forward: 0.00 Payments &Adjustments: -0.00 Total Due: $ 1,882.60 Page 406 of 633 6.M. CONSENTAGENDA 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on June 5, 2018. EXPLANATION OF REQUEST: The City Commission met on June 5, 2018 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: 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 06-05-18 Page 407 of 633 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, JUNE 5, 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 Christina Romelus, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Judith A. Pyle, City Clerk Mack McCray, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation Pastor Kathleen Hawkins, B & K Ministry A Word Church, Inc. gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Mack McCray Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Casello moved to approve the agenda as revised. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Page 408 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz met with Bonnie Miskel regarding the potential development of a Wawa Convenience store on Woolbright and Congress. Commissioner McCray advised he had no disclosures. He was challenged by three young men at the last Commission meeting, who asked how the information was disseminated in the City. Commissioner McCray informed the young men the information was given to the churches. They asked about those who do not attend church. Stated segments of the community are being missed. The City will step up to the plate and make sure information was being disseminated in other areas as well as the churches. Thanked the gentlemen for showing up and speaking up. Also indicated the Mayor requested someone to attend the Muslim interfaith dinner, he volunteered. He learned more than he expected. Vice Mayor Romelus noted residents of Chapel Hill and Mission Hill decided to come together and have a get to kn pow your neighbor event. The gathering was at Forest Park. This was a great opportunity to meet and greet for the neighborhood. Attended a scholarship and award luncheon hosted by Scholars Career Hosting. This was an amazing opportunity to witness students' lives being changed. The organization provides career advice as well as mentoring. Commended the students on their accomplishments and again thanked the volunteers who are taking their time to mentor and help students. Commissioner Casello noted he had the opportunity to give the commencement speech to the 5th grade class at Freedom Shores elementary school. This was a challenging experience. The reward was to see the excitement in the children's eyes. Mayor Grant attended the Finnish American Chambers of Commerce breakfast on May 17th, sat on the Board of Palm Beach County Transportation Agency which met in Boynton Beach. Attended Boca Bearings regarding the Kinetic Art festival next year. Boca Bearing will be sponsoring a team from South Tech. He attended the opening of Senator Lori Berman's office at the Children Service Council building at High Ridge Road. May 18th attended the General Employees' Pension Trustee meeting. Attended the Police Remembrance event. May 20th conducted the Gold Coast band. May 21St attended the South Central Wastewater Treatment Board meeting. May 23rd Mayor Grant was inaugurated as the Palm Beach County League of Cities, Big City Board of Director. Attended South Tech graduation. May 24th attended Crosspointe Elementary business luncheon, attended Palm Tran Service Board meeting. Travelled to Stuart as part of the Panel for the Arts Council of Martin County regarding historic buildings. May 25th met with the new Director General of the Consulate of Taiwan. May 28th attended the Palm Beach Memorial for the Forgotten Solider Outreach Program. In the evening attended the Boynton Beach America Legion #164 barbeque. May 9th attended My 2 Page 409 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 Brother's Keeper taskforce meeting. Attended the City of Boynton Beach public input meeting. May 30th he was the New Chairman of the Transportation Disadvantaged Local Coordinating Board, also known as Palm Trans Connections. Noted he will provide additional information regarding Palm Trams Connections at a later date. May 31St attended the Business Development Bureau upper level breakfast, and attended the ribbon cutting ceremony of You-Fit. Attended a ribbon cutting at Colonial Assisted Living, was part of the community conversation with the Criminal Justice Commission of Palm Beach County at St. John. June 1St attended a presentation by Boynton Beach Dive Center on Lion Fish. Informed the Commission this was an extremely invasive species which the City needs to be the natural predator. June 2nd attended the Community Emergency response team training at the Rolling Green municipal complex. Attended a gun violence awareness day at Meadows Park. Also attended Chapel Hill get to know your neighbor. June 3rd went to Hadassah Florida Atlantic office for their Mezuzah hanging, and the scholar career coaching graduation. Attended the Vita Novo ribbon cutting, indicated David Scott was on the Board of Directors. Provided some background information on the agency. He also attended Community Cleanup with Habitat for Humanity and Boca Christian School at Sara Sims Park. Commissioner McCray noted this Sunday afternoon Queen Esther McClendon celebrated her 102nd birthday. The Commission will recognize her at the next Commission meeting. Vice Mayor Romelus was sadden regarding the small infant which was found in the Boynton Inlet was a tragedy. Wanted to empathize there are several options with no questions would be asked for parents which need assistance. Commended one of Boynton Beach Firefighter, Chris Lemur, for bringing that to the police attention. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce that the City is accepting applications for Community Representatives on the City Sustainability Team. Mayor Grant announced the City was accepting applications for the new Community Representative for the City Sustainability Team. Applications will be accepted through July 6, 2018. Information and applications are available at www.boynton-beach.org/go- green/sustainability-team-application. Rebecca Harvey, Sustainability Coordinator was pleased to announce applications are available online for the City Sustainability team. Explained the role of the team was to advance the City sustainability and resiliency. They are excited to add more representatives to the team. The team's purpose is to advance environmental sustainability and resilience in City operations and throughout Boynton Beach. The team contributes to developing and implementing the City's Climate Action Pian (CAP), a living document that recommends and tracks progress on sustainable programs and policies related to energy conservation, water conservation, renewable energy, 3 Page 410 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 infrastructure efficiency, recycling, electric and fuel efficient vehicles, environmental procurement, community outreach, financing, incentives, resilience planning, and more. Members of the communities may have more ideas which should be shared with all. Indicated the applications were online. B. Announcement Budget workshops dates and times: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 16, 2018@ 5:00 P.M. Tuesday, July 17, 2018 @10:00 A.AM. Wednesday, July 18, 2018 @ 2:00 P.M. Mayor Grant announced the budget dates and times. Lori LaVerriere, City Manager, informed the Commission the meetings were scheduled to allow residents to attend. The major departmental budgets usually are first, the next day was Capital, the tentative millage was usually set on the second day, as well as discussing the fire assessment rates. Mayor Grant noted Police and Fire budgets should be completed on July 16, 2018. Ms. LaVerriere noted usually Police, Fire and Development are presented on the first day. The Utilities budget was usually the next 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) Susan Oyer, 140 SE 27th Way, recalled at the last Commission meeting she asked for a ban on plastic straws and Styrofoam. She still does not see it on the agenda. She believes the City should add a fee for plastic bags. Since the last time she brought this forth, there has been two horrible events which happened; a straw from a turtle nose, a dead whale from Thailand. Before the whale died the whale vomited out 40 plastic bags. Johnathan Doring, 5390 Rose Avenue, a Special Olympic Athletic, also a global messenger and a member of the special Olympic State Olympic State Congress Healthy athletic representative and an athletic leader, where he serves as Palm Beach County Athletic Council. He indicated he loves Special Olympics. He noted the sports he participated in was tennis, and golf. He has been playing at the City of Boynton Beach Tennis Center. Special Olympics has taught him many things, more than he can ever repay. He has had many dreams in his life. Each small success builds confidence. In 2009 he received an Associated Degree in Computer Science from Palm Beach State College. In 2011 he went to Athens, Greece and won the gold medal in men's 4 Page 411 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 tennis. In 2015 attended Special Olympics World Games. He completed 19 matches. This year he will be going to Seattle Washington for the 2018 National games. Charles Kanter, 2905 South Greenleaf Circle, thanked the board for completing the traffic study. It was so wonderful to see the completed product. Missed the festivities in Chapel Hill; that was a wonderful community. Kevin Homer, 2505 Lake Drive North, attended the Police Justice Forum at St. John. There was an attempt to guide and construct open conversation. He witnessed great frustration centered around trust. Without trust buy-in will not happen nor will positive change occur. During the meeting hostility and frustrations overshadowed the real message; which was the community's desire for better quality of life. This was where the City can help, in the simplest ways, by organically decreasing crime, by removing the trash, shopping carts, providing proper lighting and bringing in better stores. People are a product of their environment. There are too few options for repeat offenders. They are not given the tools to become responsible adults. Kelvin Ballard, a famous ex con, was an astute business man. He has power and influence to make a positive impact with the troubled people. The City needs to bridge the gap of the East and West. There is a huge disconnect. The churches can play a vital role, by being the liaison and continuing to promote open communication between residents and police. The community was concerned with traditional policing. Mike Fitzpatrick, 175 SW 2nd Street, with the Boynton Beach Intracoastal Group and the Sustainable City Initiative Political Action Committee was co-hosting a meet and greet political party for the August 28, party primary and non-Partisan election. Saturday, June 16, 2018 at the Cypress Creek Country Club. Mayor Grant asked if there was a link online. The Mayor will place on his Webpage. Belsheba Eden 1208 NE 2 street, noted God only made one set of people. God said we should care for one other. If we do not, God will deal with us. Read Psalm 9:2-9. God only made one race that was the human race. God Bless all of you. Dr. Stephanie Hayden, 2181 SW 15 Avenue condo N-102, spoke about lack of transparency. At the Library Board they were informed a decision was made regarding purchasing a church on Federal Highway for the temporary location for the Library. Read the City of Boynton Beach mission statement. She does not believe that was a responsible decision in purchasing the church. There was a recent death with Brightline that was very close to the location of the church. Federal Highway was a very high traffic area with different things going on. Children will also be attending the area at the temporary Library site. She indicated yesterday evening she was at an event where she believed the candidates would come out and speak with the community, as this being a part of the vetting process. Stated she stood before the Commission almost two years ago, when they were looking for a new attorney. She expressed at that time the Commission should look for a different Police Chief. The City was now looking for a new 5 Page 412 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 Police Chief. There are three male's candidates. The City currently has an acting chief, which is female. She noted the desired candidate needs to make sure they are steady, dependable, approachable, who would set a positive tone for the organization. She hopes the community would be included in the vetting process. Commissioner Katz indicated the meeting for the meet and greet has not taken place. The meeting was scheduled for Monday, June 11, 2018 at Fire Station #5, located at 2080 High Ridge Road, from 6-8:00pm. Herb Suss, 1711 Woodfern, indicated on Memorial Day the President said the dead soldiers can rest well. This was one of the vilest things he has ever heard. What do you expect from fascist dictator? President Trump wants to be a dictator; he wants to patron himself. How the heck can people put up with all of this. The President was a racist. He is racist towards Blacks, Jewish and Puerto Ricans. Mr. Suss noted President Trump was playing by Hitler's playbook. Pastor Tommy Brown, New Disciple Worship Center, 239 NE 12 Ave, 813 Mystic Harbor Circle. met with the citizens in the community. He was the Vice President for the Boynton Beach Coalition of Clergy. There was opportunity to gather our community together to hear their concerns about the selection of the new Police Chief. Change was needed, indicated change was not doing the same things was not change. Three things which were brought out, transparency, the community involvement, and lastly the fairness and the equality of all applicants. This has nothing to do with the race. They believe each district should have the opportunity to question and be able to know who the candidates are, and know the total process. Pastor Brown indicated he was asking the Mayor and the Commission to terminate the process until the community has a voice with this selection and this process. Based on the community concerns they are truly disturbed by this process and the undertaking by the office of the City Manager, in regards with the hiring of a new police chief. They feel as members of the community and as taxpayers, they are continually being unfairly excluded in the important processes which are taking place in the City. Minister, Dr. Charlotte Wilkins, 2604 NE 3rd Avenue, was not in agreement with the process in the nomination of the new Police Chief. We are requesting the meet and greet be cancelled. The citizens of the community need to have some type of say so, when things are out of order. They feel things are out of order. Also, the lack of transparency, the fairness and the equality of all applicants. Gloria Perkins, 1951 NW 1St Street, indicated she has lived in Boynton for more than 48 years. When she looked at the fairness and the transparency and the involvement with the community, the City has fallen short. Indicated they need to stop and seriously take a look at where we are and what we are doing. She indicated at the point of hiring a new Police Chief, let us as a community look at those which are chosen. 6 Page 413 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 Sandra Tolliver, 31 Crossing Circle, provided a definition of transparency and community involvement. The Heart of Boynton has been eliminated from participating in choices which are being made for the Heart of Boynton. Provided a definition of fairness. When we have fairness of all to be considered as the Chief of Police, we should see their record. We need to take into the consideration it needs to be changed, whoever the charges are and able to treat the citizens fairly, not only Heart of Boynton. We do not want our City too die. We are requesting the meet and greet to be stopped. Stated we do not want our City to die, we need to consider what is best for all of Boynton Beach. Christy Ward, 101 Miner Road, stated we repeat what we do not repair. It seems to be many issues regarding transparency. Provided an example, dissatisfaction. She calls the police for assistance, no one showed up. She indicated she came to the station as was told since she lives in the Heart of Boynton it was her fault where she lived. It does not matter where you live, everyone wants to be safe. She was being asked for transparency, the people who are making these decisions, stated others should come in and provide an overview. It needs to be stopped and reanalyzed. There needs to be transparency and fairness of all applicants. We all live in this thing together, please hear our voice, please take it into an. account. The City has already chosen a candidate. Evangeline Ward, 1518 North Seacrest Boulevard, said Boynton was dear to her. Those on the Commission cannot really testify to what Boynton used to be. The Commission knows the mall; we know the dairy farm. we did not just move into Boynton. It was stated the City Manager was the Jason Borne of City Managers. If the City Manager gets things done, let us do it for everyone. When they gave her a raise. Commissioner McCray gave the City Manager a 3 out of 5, because she treats District 2 like a step child. Yuora Diane Lester 2120 NE 1 Lane, asking for transparency, community involvement, and fairness, not only with the Police Chief, but within the City of Boynton Beach. she was a native of Boynton Beach. Stated we say we are going to change and be transparent. She has been in a meeting with the City Manager and with the Coalition. What they are asking for now was for action. Show us the City wants community involvement. Reach out to the community, where you are needed. not just those that; you have there. she loves the intercity, let's come together. Dwayne Smith, 10163 NE 44 Avenue, was here in support of the Boynton Beach Clergy Coalition. Through the meeting they had with the City Manager, they were shown a reckless disregard for some question regarding the selection process. The selection process has been narrowed down to three candidates. It was a reckless disregard to the clergy in that area of the City. Indicated the complaints are coming from District II it just so happened, is coming from the area which was represented by Commissioner McCray. They have a history of being mistreated and certain unfairness. Please think about this, and try to postpone the meet and greet. 7 Page 414 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 Pastor Benjamin Hawkins, 2760 NW 5 Court, understood there are some issues which concern all those in the City. He believes it was time the City come together. Noted we cannot make it better, if we continue to use the same bag with a hole in it. Stated we can no longer stand by and say that will do. They are asking please disregard the meet a greet and let us come together as a City. Pastor Kathleen Hawkins 2760 NW 5 Court has been here all of her life. There was a meeting last night at the Carolyn Sims Park. They cannot play in the Park. There is a Park on Congress which is very nice, why can't District II have nice Parks. Indicated she wants the Commission to stop the meet and greet meeting. Mayor Grant replied the park near Congress was owned by the County. Pastor Javon Davis, 900 N. Seacrest Boulevard, expressed his as well as others deepest concern of the selection process for the new Boynton Beach Police Chief. Many of the residents stated their concerns and stated their desire to have a good relationship between the Boynton Beach Police Department. This community voice needs to be heard. The St. John Missionary Baptist Church has a signed petition with more than. 200 signatures. The City along w ti 1 the Boynton Beach Coalition i of Clergy need to have a conversation regarding the process. Rae Whitely, 223 NE 12 Avenue, spokesperson for the Black Vote Matters as well as Healing Hands Ministry, over the past several months, they have conducted the listening campaign. The campaign confirmed what was already known. The issues in District II have long been ignored. The one which they are speaking on tonight the relationship between the Police Chief and Community Leaders, because of the high crime rate in District II. This was why they inserted themselves in the project. Finding the Chief which would foster and build a relationship with the community leader is very important. He was concerned with the transparency. The best thing is to abandon this process of the selection of the Police Chief. Willie Akins 726 NE 1 Street, President of the Heart of Boynton advised the people have concerns with the process. The people are the Heart of Boynton. The Commission serves the people; all represent the people. The Commission have heard the people saying stop the process. This was not a threat against anyone. In this process of meet and greet, has any of the people toured the Boynton Beach area. The most important thing was to look at the people. We are asking that the process be abandon. Warren Simms 230 South Seacrest Blvd, also a member of Boynton Coalition of Clergy, has seen and heard so much unrest. This was not an attack on any Commissioners. They respect the jobs which the Commissioner do. This was about challenging the decisions. Do not create further unrest in the City of Boynton Beach because we all support the healing and building, to have a fair and equitable process. 8 Page 415 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 Tory 407 NE 17 Avenue, noted Carolyn Sims and Ezell Hester Center cost was $500 for a child to attend summer camp. He stated only 2% of the neighborhood kids are going to the camp. Inquired about what are going to happen to the kids in the neighborhood. The Commission stated they were trying to get something on the agenda regarding the children for a while. Stated there was nothing free to the children of Boynton Beach. Everything has to do with money. He does not see anything to do in District II for the children. He asked about the meet and greet for the new Police Chief. He wanted to know what the City was going to do about the kids. He stated everything looks nice on Ocean Avenue, what about the other parts of Boynton. He wants to know what was going to happen this summer for the kids. Sandra Harvey 608 SW 3 Avenue, requested the Commission to please stop the meet and greet which will be held on June 11, 2018. All of Boynton was not taken into consideration Minister Bernard Wright, CEO of Bernard Wright Ministry, Robert E. Wells Foundation, was piggy backing on everything which has been said regarding the process of selection of the Police Chief. No single person should have the ability to Choose the Police Chief. Florida has the highest Incarceration rate in thle nation, it was above the national average. Florida has one of the highest percentage of residents who are incarcerated. When there is conversation regarding choosing a Police Chief, law enforcement, it was vitally important to allow the residents to have a say in what goes on in the City of Boynton. It was a reality that law enforcement shooting down in cold blood, to stop this process, there is violence. He stated Ms. LaVerriere has never had a face to face with him in six years. He understands Ms. LaVerriere was not an elected position so she feels no threat, but she has been given a 6 figure income. Stated during the summer time the children in the neighborhood are not allowed to get a drink of water or use the restroom during the summertime. Stated they have been disenfranchised, racism and it cannot be swept under the rug. Let's eradicate the racism. Dr. Stephanie Hayden wanted to make a correction for the record. The Park the previous speaker was referring was Barrier Reef; Colusa Park was a County Park. Dr. Pitor Blass, 113 Tara Lakes West, said once he became Mayor he would invalidate the process. He was begging the Board to find the money now for the summer program. Let's have some programs this summer. The Haitian community needed to be integrated into the community. Woodrow Hay 427 NW 5 Avenue, emphasized this was not an attack on the City Manager, Mayor or the Commission. This was discomfort of how the community feels about the way in which the process was working. This was not unique just in District II. There was agreement at the beginning, which has not been fulfilled. As stated earlier the community has asked the Commission to postpone the meet and greet. Mr. Hay said the City needs to start over. 9 Page 416 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 Annette Grey, GBDC Entrepreneurial Institute, noted there are many youth programs in Boynton Beach. Stated her office is based in Boynton Beach. Her programs are supported by the Boynton Beach Police and Fire Department. She has the capacity to put together free programs for young people. 561-894-4510 David Merker, previously when the Police Chief was chosen and it was done without any input from the residents. He stated the process was not defined. Stated this way of choosing the Police Chief was the first time the door was opened so the people could be more involved. Mayor Grant seeing no one else coming forward, Public Audience was closed. S. 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 Alt Building Board of Adjustments & Appeals: 2 Reg and 1 Alts Education and Youth Advisory Board: 1 Alt Employee Pension Board: 1 Reg Historic Resource Preservation Bd: 1 Reg Senior Advisory Bd: 2 Alts Mayor Grant read the open positions. Motion Commissioner Casello moved to nominate Anastasia Chandler to the Education and Youth Advisory Board (Alt). Commissioner McCray seconded the motion. Vote The motion unanimously passed B. Authorize City Commissioner to travel and hotel stay for the Florida League of Cities Annual Conference at the Diplomat Beach Resort in Hollywood, FL, August 16-18, 2018. Vice Mayor Romelus inquired how many staff were attending. 10 Page 417 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 Mayor Grant responded he applied for the registration without the hotel cost. Vice Mayor Romelus indicated she applied for the registration as well. Asked if anyone else was attending. Ms. LaVerriere stated she would be attending as well. Motion Commissioner Casello moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed C. Appoint Voting Delegate for the Florida League of Cities Annual Conference, August 16-18, 2018. Motion Commissioner Casello moved to nominate Mayor Grant as the Voting Delegate. 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. PROPOSED RESOLUTION NO. R18-074 - Authorize the City Manager to sign the First Amendment to the inter-Local Agreement to issue a declaration of local state of emergency and upon request of the County, the City shall staff each emergency shelter located within its municipal boundaries. B. Proposed Resolution No. R18-075 —Approve the ranking as recommended by the evaluation Committee and authorize the City Manager to sign an agreement with Gehring Group, Inc. of Palm Beach Gardens, FL for RFP No. 012-1610-18/IT for Employee Benefits Consulting Services, in the monthly amount of$6,650 for an initial period covering July 1 ,2018 thru December 31, 2019. The agreement allows for four(4) additional one-year renewal terms. The total amount of the initial eighteen (18) month term is $119,700 11 Page 418 of 633 Meeting Minutes l City Commission Boynton Beach, Florida June 5, 2018 C. PROPOSED RESOLUTION NO. R18-076 - Adopting the City's Local Housing Assistance Plan (LHAP) for Fiscal Years 2018/19, 2019/20, and 2020/21. Plan approval is for the continuation of the State Housing Initiatives Partnership (SHIP) Program. D. PROPOSED RESOLUTION NO. R18-077 - Authorize the Mayor to sign an Interlocal agreement between the City of Boynton Beach and the Boynton Beach CRA for funding associated with the NW 11th Avenue Street and Utility Improvements as part of the Model Block Project. E. Requesting Commission approval to make a donation of up to $5,000 from the Federal Forfeiture Law Enforcement Trust Funds to GBDC Entrepreneurship Institute. F. Approve the grant adjustment for the Edward Byrne Memorial Justice Assistance Grant Program (JAG) (2016-DJ-BX-0603) and approve the purchase of desktop computers with the grant funds. G. Approve utilizing Ten-8 Fire Equipment, Inc. of Bradenton, FL as a sole source vendor to service the City's Pierce Fire Trucks for an estimated amount of$100,000 for FY17/18. H. Declare twenty-four (24) Vehicles/Equipment as surplus and approve the disposition of these items via auction using various means. I. Authorize utilizing the U.S. General Services Administration (GSA) Contract GS-35F-408AA with e-Builder, Inc. for annual renewal of licenses in the amount of $48,120 for the centralized Capital Project Management Software system used in the Utility Department. The City's procurement policies allow the use of GSA contracts. J. Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY 17/18. K. Approve the minutes from City Commission meeting held on May 15, 2018. Motion Vice Mayor Romelus moved to approve the Consent Agenda. Commissioner McCrary seconded the motion. Vote The motion unanimously passed. 12 Page 419 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. NO. R18-078 - Authorize the City Manager to sign a contract with Killebrew, Inc. of Lakeland, FL for construction of water distribution system water main upgrades on Ficus and Hibiscus Tree Drive, as shown in the attached drawing in the amount of $368,082.32 and a 10% contingency amount of $36,808 for unforeseen issues for a total cost of $404,890.32. Killebrew was awarded as Secondary Vendor as a result of Bid No. 036-2821-16/TP by the City on May 17, 2016. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. B. Authorize utilizing the Palm Beach County Bid +17-00512G for Landscape Installation with A Cut Above Landscape & Maintenance, Inc. of Loxahatchee, FL for Public Works Forestry & Grounds Division to salvage and relocate existing trees and palms located within the Town Square project for an amount not to exceed $120,000. Palm Beach County's procurement process satisfies the City's competitive bid requirements. Mayor Grant opened to Public Comment. Mike Fitzpatrick, 175 SW 2nd Street, requested clarification regarding the $120,000 being spent on trees. Inquired as to the priority of trees. He stated he believes that native trees should be kept intact. Asked what about the under storage and scrubs, such as the butterfly plants. Spoke with Lisa Hanley, his wife and asked if there are no plans for those plants, she would organize a plant rescue, and take those plants out before the destruction. Susan Oyer, 140 SE 27 Way, asked the status of the Kapok tree. Inquired if this tree was included in the $120,000 relocation. Commissioner Casello stated he believed this tree was earmarked to remain. Andrew Mack, Director of Public Works and Engineering stated the Kapok tree was not a part of the relocation plan. The City was working with the developer to preserve the Kapok tree. Mayor Grant asked if the City could have a community event where any shrubs slated to be moved can be taken. Mr. Mack stated staff are currently working with Risk 13 Page 420 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 Management. Ms. LaVerriere stated staff was currently working on a community event where the residents will pick up the plants. Mr. Mack stated he will contact Mr. Fitzpatrick regarding a plant rescue. Commissioner Casello asked if it would be more financially feasible to purchase the tree than to relocate the trees. Mr. Mack replied not the size the City was looking into relocating. If the City had to purchase these trees it could cost $4,000 per tree versus $2,000 to relocate the trees. Javarius Russ 235 NE 11 Avenue, asked with all of the information which the Commission has heard, what does the Commission feel about the decision regarding the Police Chief, about the community disagreement issue. Mayor Grant asked if the Commission would like to discuss the City Manager report, to have a conversation. Commissioner Katz noted the Comrinission hada an opportunity to speak ofiCr public comment. No one elected to speak on that item. Mr. Russ asked if Commissioner Katz was speaking for the entire Commission. Mayor Grant stated Commissioner Katz was speaking for himself. The Commission are not having discussion in the Sunshine regarding the Police Chief selection. Mayor Grant stated there was no further discussion, requested a motion. Motion Vice Mayor Romelus moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 8. PUBLIC HEARING - None 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. 9.. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 14 Page 421 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 11. NEW BUSINESS A. Authorize the Finance Department to reduce the allowance for Uncollectible Account and the Accounts Receivable amount by $481,791 .17 reflecting past due amounts on 2,593 customer accounts for the period between July 2014 through November 2017. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R18-079 - Authorize issuance of$11,065,000 principal amount of Utility System Revenue Bond, Series 2018 in order to pay for capital improvements to the City's Utility System and to pay for certain costs of issuing the Series 2018 Bunds. Mayor Grant read Proposed Resolution No. R18-079 into the record, by title only. Commissioner McCray noted a discussion was needed to inform the public why the City was spending $11 M. Colin Groff, Assistant City Manager, advised the City was creating a new District Energy Plant. A Bond was to being issued to build the District Energy Plant. This project was being designed to service Town Square as well as other private developments. The District Energy Plant has a 2,400-ton capacity, expandable to 3,600-tons to service new developments. Mr. Groff informed the Commission the cost would be paid by utility customers. The cost was approximately 5-7% less than traditional cooling costs. The energy plant should operate with a positive cash flow by 2020 when Town Square is complete. The energy plant will eliminate the requirement of individual cooling systems for each building while providing a reduced carbon footprint. Mr. Groff stated the first customers would be City Hall, Cultural Center, Fire Station #1, Town Square South Residential Apartments, Town Square North Commercial and Residential Units, the 140 room hotel, restaurants and parking garages. Other potential customers are the Villages and Ocean One. Mr. Groff stated the utility was self-funding. Commissioner Casello inquired as to the noise level of the building. Mr. Groff explained all of the mechanical equipment would be on the inside of the building and are insulated for sound. The plan is the keep the noise within the building. The building was designed to be quiet and out of the sight of the public. 15 Page 422 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 Mayor Grant inquired was it possible to have energy from the energy plant to reach Ocean Breeze East. Mr. Groff explained it depends on many different things. He believed Ocean Breeze East was close enough. Mayor Grant said NE 1 Avenue has been ripped up a couple of times. The chilled water plant connects with the Fire Department, will there be a problem with the noise. Mr. Groff replied the building has been designed with a double wall, as well as stairway and mechanical area before the Firefighters sleeping area. Commissioner McCray asked what would happen if the noise attenuation does not work. Mr. Groff stated they could place more sound attenuation within the building. Commissioner McCray asked if additional funds would be needed. Mr. Groff explained there is some contingency built into the budget for items such as these. Vice Mayor Romelus asked if this would cost the taxpayers additional tax dollars. Mr. Groff responded the energy plant would be funded by the rate payers. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 12. LEGAL A. PROPOSED ORDINANCE NO. 18-009 - FIRST READING - Approve proposed Ordinance amending Chapter 15, Article VIII, Chronic Nuisance Property Code to clarify certain sections. Attorney Cherof read Proposed Ordinance No. 18-009 by title only on first reading. Indicated this was a legislative amendment. Mayor Grant requested additional information for the second reading. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. City Clerk, Judith Pyle called the roll Vote 5-0 16 Page 423 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 B. PROPOSED ORDINANCE NO. 18-007 - SECOND READING - PUBLIC HEARING - Approve Amendments to Abandoned Personal and Real Property Code (10-51.5) - Amending the GARBAGE, TRASH, AND OFFENSIVE CONDITIONS, Chapter 10, Article III, Abandoned Property, Section 10-51.5; to clarify the definitions used to enforce the ordinance and to clarify the process for registering abandoned property. Motion Commissioner McCray moved to take off of table. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. Attorney Cherof read Proposed Ordinance No. 18-007 into the record by title only on second reading. Vice Mayor Romelus requested clarification. Ms. LaVerriere stated this would finalize some language in the ordinance. Christy Ward, 101 Miner Road, requested clarification regarding the Chronic Nuisance Property Code. Mayor Grant noted this was a first reading. There will be a second reading at the June 19th Commission meeting where the language will be finalized. Ms. Ward asked if there was any place where the public can view the information. Commissioner McCray advised Ms. Ward to contact Mr. Mark Woods, Director of Community Standards. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. City Clerk, Judith Pyle called the roll Vote 5-0 17 Page 424 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 C. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: GAIL JENKINS AND LEON L. JENKINS, Plaintiffs/Counter Defendant vs. CITY OF BOYNTON BEACH, Defendant/Counter Plaintiff vs. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., HOMECOMINGS FINANCIAL NETWORK INC and ALL OTHERS IT MAY CONCERN, Defendants — Case No. 50 2015 Congress Avenue 000742XXXXXXMD AH Attorney Cherof requested a private attorney-client session, discuss strategy. He would like to schedule this closed door session at the CRA meeting, June 12, 2018 at 5:45 p.m. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed Commissioner Katz informed the Commission he had a scheduling conflict and was unable to attend the July 3rd Commission meeting. 13. FUTURE AGENDA ITEMS A. Staff to review PBC Ordinance on Panhandlers — June 2018 B. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-Wide program - June 2018 C. Staff to report on the possibility of the City beginning a Bike Share Program - June 19, 2018 D. Approve Gas Station Regulations (CDRV 18-002) - Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. - June 19, 2018 E. Approve Wawa Future Land Use Map Amendment & Rezoning (LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC) and Rezone from C-1 Office Professional to C-3, Community Commercial. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. - June 19, 2018 18 Page 425 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 F. Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COUS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP / Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. - June 19, 2018 G. Approve Dog Activity World Group Conditional Use request (COUS 18-002) for a Pet Care (Boarding and Daycare) facility in an existing 20,000 square foot tenant space, located in the Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. Applicant: Hannah Wickins. - June 19, 2018 H. Approve Zoning Use Amendments (CDRV 18-003) Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractor's offices, offices for civic/fraternal organizations, the sale of recreationai boats and vehicies, diet and nutrition counseiing services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. City initiated. - June 19, 2018 I. Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain building and site standards, facilitating the expeditious siting, design and construction of new and replacement of public improvements. - June 19, 2018 J. Staff to bring information concerning the following land parcels for the Commission to review - TBD K. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD —TBD L. 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 M. Discuss possibility of trolley service within the City— TBD N. Commission wants to discuss public safety as it relates to the Town Square Redevelopment— TBD 19 Page 426 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 2018 O. Announce Budget Workshop dates and times: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 16, 2018@ 5:00 P.M. Tuesday, July 17, 2018 @10:00 A.AM. Wednesday, July 18, 2018 @ 2:00 P.M. 14. ADJOURNMENT Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:30 p.m. (Continued on next page) 20 Page 427 of 633 Meeting Minutes City Commission Boynton Beach, Florida June 5, 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 21 Page 428 of 633 8.A. PUBLIC HEARING 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-010 - FIRST READING -Approve Gas Station Regulations (CDRV 18-002) -Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. EXPLANATION OF REQUEST: This item represents the continuation of an evaluation of City's regulations on gas stations that occurred in 2015 and resulted in amendments to the Land Development Regulations (LDR) that reduced the magnitude of non-conforming gas stations in the City which was at 50%. This earlier project also identified two areas that were most void of gas stations which included a 3 1/2 mile segment of Congress Avenue extending south of Woolbright Road to Atlantic Avenue. Although the number of non-conforming gas stations was significantly reduced, and 13 intersections became eligible for gas station siting under the revise standards, most eligible properties are either developed or not zoned for gas station use. Further justifying the consideration for increasing possible locations for gas stations is the recent hurricane event, Hurricane Irma, which affected the State of Florida with Category 3 and Category 2 winds. Once again, the County experienced power outages, resulting in power loss to over 2 million homes and businesses in the tri-county area. It's noteworthy that prior to landfall of Hurricane Irma, nearly 50% of the gas stations in the Tampa-St. Petersburg area, and 65% of the stations in Miami and Ft. Lauderdale were out of fuel. Staff has continued the evaluation of the gas station regulations in light of these findings and conclusions, and in conjunction with the consideration of applications for a new Wawa Gas Station at the intersection of Woolbright Road and Congress Avenue. To accommodate additional stations within the City, with an emphasis on areas with high traffic counts nearest to evacuation routes, staff proposes the following amendments: 1) Eliminate the maximum number of stations per intersection standard at eligible intersections (per the existing regulations) that consist of an urban principal roadway. The roads classified as Urban Principal Arterial within the City are limited to Congress Avenue, Boynton Beach Boulevard east to I- 95, and 1-95 (See Exhibit"B"). This proposed amendment would affect four(4) intersections along Congress Avenue, and three intersections involving 1-95. However, as indicated above these intersections are built-out and therefore unavailable for immediate gas station siting. For example, the applications for the proposed Wawa gas station include the rezoning of the northeast corner of Woolbright Road and Congress Avenue, and require redevelopment of the property. 2) Omit the minimum frontage requirement that applies solely to gas stations.Although initially this may only benefit one parcel, it does remove an inconsistency in the system as there are several gas stations that do not meet the minimum frontage requirement. Further, the current minimum lot size standard of 30,000 square feet would remain making the frontage requirement unnecessary. Staff Page 429 of 633 opines that parcel configuration should not delineate eligibility for a gas station, given the site, operational and engineering requirements, and design standards that ensure proper design through a performance standard approach rather than the conventional zoning standard. It is possible to find a parcel at an intersection that is shallow but long, which greatly exceeds the minimum area requirement yet is deficient in a minimum frontage dimension. Using the property targeted for a Wawa gas station as an example, the property is 3 times the minimum area standard for a gas station yet is approximately 30 feet short of the minimum frontage requirement on one side of the property. 3) Omit the minimum distance separation standard between a project driveway and the property line (e.g. 30 feet)which only applies to gas station uses. Technical site standards such as driveway separations and widths, parking space and drive isle dimensions, clear (safe) site triangles and site distance standards are included in the City's Engineering & Design Handbook. Staff finds that such a standard that is unique to a single commercial use and not supported by the above-described manual is not justified. Staff proposes these code amendments to increase possible gas station siting options at appropriate areas to increase service potential during periods of severe weather and power outage, as well as to eliminate some unwarranted site standards within the Land Development Regulations. The Planning & Development Board reviewed this item on May 22nd and forwards it with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Business improvements and new construction will contribute to permit fees and related revenues. 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: Page 430 of 633 ATTACHMENTS: Type Description D Addendum Ordinance appro\Ang Gas Station Regulation amendments D Staff Report Staff Report D Amendment Exhibit A® Proposed Amendments D Exhibit Exhibit B ® Roadway Classification Map Page 431 of 633 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS CHAPTER 3, 5 ZONING, ARTICLE IV, "USE REGULATIONS", SECTION 3.D. USE 6 MATRIX AND NOTES, TO INCREASE ELIGIBLE LOCATIONS FOR 7 GAS STATION SITING IN APPROPRIATE AREAS OF THE CITY; 8 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 9 AND AN EFFECTIVE DATE. 10 11 WHEREAS, this is a continuation of an evaluation of the City's regulations on gas 12 stations that occurred in 2015 and resulted in amendments to the Land Development Regulations 13 that reduced the magnitude of non-confirming gas stations in the City which was 50%; and 14 WHEREAS, staff has continued the evaluation of the gas stations and in conjunction 15 with the consideration of applications for a new gas station and to accommodate additional 16 stations within the City with an emphasis on areas with high traffic counts nearest evacuation 17 routes, staff is proposing the amendments; and 18 WHEREAS, the City Commission has considered the recommendations and has 19 determined and finds that it is in the best interest of the citizens and residents of the City of 20 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 21 contained herein. 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 25 confirmed by the City Commission. 26 Section 2. Chapter 3, Zoning, Article IV, Use Regulations, Section 3.1). Use Matrix 27 and Notes of the City's Land Development Regulations to increase eligible locations for gas 28 station siting in appropriate areas of the City is hereby amended as follows: -1 - C:\Users\StanzioncT\AppData\Local\Microsoft\Windows\Teinporaly Internet Files\Content.IE5\SATNOEVN\Use_Regulations_ _Gas_Stations-_LDR_Anendment__Ordinance.docx Page 432 of 633 29 30 Land Development Regulations, Chapter 3, Article IV, Section 3.1): 31 32 46. Gasoline Station. 33 a. All Districts. 34 35 (1) Location. Gasoline stations, except where otherwise allowed by these regulations, 36 are only allowed on properties located at three-way or four-way intersections involving arterial 37 and collector road of rights-of-way as designated by the Comprehensive Plan, excluding local 38 streets and alleys. Interchanges with 1-95 are included as eligible intersections. Eligible 39 properties at an intersection with 1-95 include the first parcel directly west or east of the toe 40 embankment of the 1-95 interchange. This may also be defined as the first parcel with frontage 41 on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of 42 two (2) gasoline stations shall be allowed at each intersection, pt this limitation shill not 43 : l to els bl.ent rs cti:�ns a.s defined b this ara gra lr„ that co:lsast � :: urlsrnrici awl 44 arterial roadway. The2urpose qf this e ce tz n is to maximize service otent�.urine times of 45 desatcd inti r gcncies involvine rna°or storms ;vents aid ower outa ids, arl:icularl aloe or 46 neap,.evacuation.routes. A convenience store with retail gasoline sales is considered to be a 47 gasoline station and is therefore, restricted to these location requirements. 48 49 (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. 50 51 ( sir n arc p t 4 Vii ' . 52 . . ,W , ' 53 54 (43) Access. 55 (a) Only one (1) access driveway is allowed from each major street 56 frontage. Driveways shall be located a minimum of fifty(50) feet from the intersection unless 57 county or state standards require a greater distance; 58 (b) Driveways shall be a minimum of thirty(30) feet and a maximum of forty-five (45) 59 feet in width; and 60 (i# ,. 'v s.""W,4-net tyz 61 l � 62 63 O Setbacks. 64 (a) No canopy shall be located less than twenty(20) feet from any property line; and 65 (b) No gasoline pump island shall be located less than thirty (30) feet from any 66 property line. 67 O Storage. No outside storage of materials, parts, and no overnight storage of 68 vehicles outside. 69 (7j) Design. Pursuant to Cliapt 4, Article 1�� ct l 3.G.4., all gasoline stations_ __ v 70 located on designated out-parcels to shopping centers, business centers, or other planned 71 commercial developments shall conform in design to the approved design plan of the principal 72 center. 73 O Landscaping. See landscaping standards in ` tom . 74 ( .) Lighting. See lighting standards in Capt .' . _Z_ C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Intemet Fi1es\Content.1E5\SATN0EVN\Use_Regulations_- _Gas_Stations-_LDR_Amendment_-_Ordinance.docx Page 433 of 633 75 (1- 2) Except for where otherwise approved on a master sign program, gasoline stations 76 shall only be permitted to advertise on signage located within the property boundaries. 77 (-41:1) Gasoline stations shall be permitted uses if located greater than 200 feet from a 78 boundary of a residential zoning district. Distances for the purpose of this subsection shall be 79 measured from the closest gasoline pump island or canopy of the gasoline station to the closest 80 boundary of the residential or mixed-use zoning district. 81 (j- 12-111) A station existing prior to amendment of these regulations that is located on a lot 82 that does not conform to the property development regulations of the zoning district, as defined 83 in Section 11 of this chapter, may be enlarged, expanded,reconstructed or restored without 84 limitation based on percent of property value, as long as the magnitude of the non-conformity is 85 not worsened by the improvement. 86 87 b. C-2 District, C-3 District, and C-4 District. 88 (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and 89 automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline 90 stations. 91 (2) Setbacks. Except for properties located within the Urban Commercial District 92 Overlay Zone, the following building setbacks shall apply to all structures on the property 93 including the primary structure, or any accessory structures such as car washes or aboveground 94 storage facilities. 95 (a) Building front (and side corner) - 35 feet; 96 (b) Building side - 20 feet; 97 (c) Building rear - 20 feet; 98 (d) Automated car wash. The entrance to an automatic car wash shall be setback no 99 less than seventy-five (75) feet from the street in order to provide for an area of vehicular 100 queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water 101 used in the car washing process. 102 (3) Exceptions to requirement for location at intersections as stated above under section 103 a.(1). When a gas station is accessory to a principal retail use and when all requirements 104 applicable to the PCD District are satisfied. 105 106 c. PCD District. 107 (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and 108 automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline 109 stations. 110 (2) Setbacks. The following building setbacks shall apply to all structures on the 111 property including the primary structure, or any accessory structures such as car washes or 112 above-ground storage facilities. 113 (a) Building front (and side corner) - 35 feet; 114 (b) Building side- 20 feet; 115 (c) Building rear - 20 feet; 116 (d) Automated car wash. The entrance to an automatic car wash shall be setback no 117 less than seventy-five (75) feet from the street in order to provide for an area of vehicular 118 queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water 119 used in the car washing process. 120 3 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Use_Regulations_ _Gas_Stations-_LDR_Arnendment_-_Ordinance.doex Page 434 of 633 121 (3) Separation. No gasoline pump island shall be located less than two hundred (200) 122 feet from any public right-of-way. 123 124 (4) Exceptions to requirement for location at intersections as stated above under section 125 a.(1). Uses within the PCD District shall not be required to comply with the location standard 126 described above in subsection a.(1). 127 (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of 128 these regulations shall not be deemed non-conforming to the corresponding site standards if 129 located in compliance with the location (intersection) standard stated above in section a. 130 (6) Relief from Standards. Waivers from the following standards may be granted in 131 accordance with Chapter 2, Article II by the City Commission for existing projects annexed 132 into the city, when the regulation cannot be fully complied with,but where the intent of the 133 LDR is met: 134 (a) Section 3.D.46.a.(5)(a) above; 135 (b) Section 3.D.46.a.(5)(b) above; 136 (c) Section 3.D.46.c.(3)(a) above; or 137 (d) Section 3.D.46.c.(3)(b) above. 138 The applicant shall provide justification of the waiver and submit a mitigation plan off- 139 setting the impact. 140 141 d. MU-L3 District and MU-H District. 142 (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline 143 station. 144 (2) Setbacks. 145 (a) Building setbacks shall meet those required by the applicable zoning district. 146 (b) Canopy structure over the fuel pumps shall be located either to the side or rear of 147 its associated principal building. 148 e. PID District. This non-industrial use shall be allowed within the PID district provided it 149 is located on a lot with a Mixed Use (MU) land use option and at an intersection that would 150 satisfy the location requirements of this note. 151 (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and 152 automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline 153 stations. 154 (2) Setbacks. Except for properties located within the Urban Commercial District 155 Overlay Zone, the following building setbacks shall apply to all structures on the property 156 including the primary structure, or any accessory structures such as car washes or above-ground 157 storage facilities. 158 (a) Building front(and side corner) - 35 feet; 159 (b) Building side - 20 feet; 160 (c) Building rear - 20 feet; 161 (d) Automated car wash. The entrance to an automatic car wash shall be setback no 162 less than seventy-five (75) feet from the street in order to provide for an area of vehicular 163 queuing(stacking). An accessory auto/car wash shall be fully automatic and recycle all water 164 used in the car washing process. 165 166 -4.. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Usc_Rcgulations= _Gas_Stations-_LDR_Ainendment_-_Ordinance.docx Page 435 of 633 167 Section 3. Each and every other provision of the Land Development Regulations not 168 herein specifically amended, shall remain in full force and effect as originally adopted. 169 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 170 with any provisions of this ordinance are hereby repealed. 171 Section 5. Should any section or provision of this Ordinance or any portion thereof 172 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 173 remainder of this Ordinance. 174 Section 6. Authority is hereby given to codify this Ordinance. The City Clerk is 175 directed to work with the Land Development Regulations publisher to consolidate this ordinance 176 and the exhibit for publication. 177 Section 7. This Ordinance shall become effective immediately. 178 FIRST READING this day of , 2018. 179 SECOND, FINAL READING AND PASSAGE this day of , 2018. 180 181 CITY OF BOYNTON BEACH, FLORIDA 182 183 YES NO 184 185 Mayor— Steven B. Grant 186 187 Vice Mayor—Christina L. Romelus 188 189 Commissioner—Mack McCray 190 191 Commissioner—Justin Katz 192 193 Commissioner—Joe Casello 194 195 196 VOTE 197 ATTEST: 198 199 200 -s- C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Use_Regulations_- _Gas_Stations-_LDR_Ainendment_-_Ordinance.docx Page 436 of 633 201 Judith A. Pyle, CMC 202 City Clerk 203 204 205 (Corporate Seal) -6- C:\Users\StanzioneT\AppData\L,ocal\Microsoft\Windows\Temporary Internet Files\Content.IES\SATNOEVN\Use_Regulations_- _Gas_Stations-_LDR_Amendment__ordinance.doex Page 437 of 633 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-033 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 16, 2018 RE: Gas Station Regulations (CDRV 18-002) - Amending the LAND DEVELOPMENT REGULATIONS (LDR), Chapter 3. Zoning, Article IV. Use Regulations, Section 3.13, Use Matrix and Notes to increase eligible locations for gas station siting in appropriate areas of the City. City initiated. BACKGROUND In 2015, the City Commission directed staff to evaluate the City's regulations applicable to gas stations for possible amendments to open up alternative eligible locations for new stations. The initial impetus behind the directive, which was formed into Strategic Initiative Action Item 1.5, was the desire of a local business operator to add gas sales to an existing convenience store where gas sales are not allowed. This interest halted upon learning of a new station proposed in the service area by a major petroleum retailer. However, staffs evaluation of the City's regulations continued, leading to the discovery that one-half of the gas stations in the City were legal non-conforming uses as a result of the long-standing regulations on gas sales involving eligible locations, permitted zoning districts, and lot size and frontage. Additional findings or conclusions from the Study included the following: • Two gas stations that remained non-conforming after adoption of the recommended amendments were within the CRA, where alternatives to automobile dependency is to be promoted, with new stations possibly being considered under future mixed use regulations consistent with the vision for the downtown and greater CRA; • Thirteen intersections became eligible for gas station siting under the revised standards; however, the adjoining properties were built-out or had the wrong zoning for new stations; • One of the areas identified as having the most noticeable void in service stations was S. Congress Avenue, along a 3 '/z mile stretch of Congress Avenue between Woolbright Road and Atlantic Avenue in Delray Beach. Staff has continued the evaluation of the gas station regulations in light of these findings and conclusions, and in conjunction with the review of applications for a new Wawa Gas Station at the intersection of Woolbright Road and Congress Avenue. This location is the northern point of the beginning of the void in gas sales extending south into Delray Beach. Further justifying the consideration for increasing possible locations for gas stations is the recent hurricane event, Page 438 of 633 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 Hurricane Irma, which affected the State of Florida with Category 3 and Category 2 winds. Once again, the County experienced power outages, resulting in power loss to over 2 million homes and businesses in the tri-county area. Petroleum availability is not just a factor of the number of gas stations within an area; however, with an increase in the variety of gas station brands, there is an increase in resource options and gasoline availability. Prior to landfall of Hurricane Irma, nearly 50% of the gas stations in the Tampa-St. Petersburg area, and 65% of the stations in Miami and Ft. Lauderdale were out of fuel. An explanation of the proposed amendments is below and provided verbatim within an excerpt from the Land Development Regulations in Exhibit"A". The roadway classification system for the City is provided within Exhibit"B". ANALYSIS Maximum number of las stations at qualifying intersections Current regulations limit the number of gas stations at eligible intersections to two (2). This standard has been in the LDRs for many years, likely with the intent to limit the proliferation of gas stations at highly visible areas of the City. Gas stations have not been known for aesthetic attributes, particularly given that auto repair service with visible service bays and unsightly work areas were common with gas sales, and site design emphasized accessibility and visibility through wide driveways and bright lights in close proximity to the abutting roadway. With the reduction in auto repair service at gasoline sales operations, and the adoption of new landscaping and other site design requirements, visual impacts from gas stations has been reduced. Additionally, the newer generation of gasoline stations have increased the allocation of space to convenience goods, to the point of some becoming small grocery stores and even delis and restaurants. Not only has shopping alternatives improved for the consumer, but also aesthetic improvements are evident as well in the absence of service bay doors and increased building massing at the street. The LDRs do not limit the number of convenience stores allowed per intersection, or limit them to specified locations in the City. To increase the options for gas station siting, particularly in areas with high traffic volumes and near evacuation routes, staff proposes to eliminate the maximum number per intersection standard at eligible intersections (per the existing regulations) that consist of an urban principal roadway. The roads classified as Urban Principal Arterial within the City are limited to Congress Avenue, Boynton Beach Boulevard east to I-95, and I-95 (See Exhibit "B"). This proposed amendment would affect four (4) intersections along Congress Avenue, and three intersections involving I-95. However, as indicated above as a finding of the 2015 LDR evaluation, these intersections are built-out or zoned contrary to the required zoning for a gas station. Either sites must be redeveloped and/or rezoned to accommodate a new gas station. For example, the applications for the proposed Wawa gas station include the rezoning of the northeast corner of Woolbright Road and Congress Avenue. This corner of the intersection has historically been zoned C-1, which would not allow gas sales. For comparison purposes, staff researched the regulations of several other cities in the area. Of the sample of 11 cities researched, only one city (City of Boca Raton) regulates the maximum number of gas stations per intersection; however, this standard only applies to selected intersections within the city. A much more commonly used regulatory tool among the cities sampled is distance separation. Six cities use a distance separation standard; three of them require the separation only between different gas stations, one city regulates distances between gas stations and distances from other uses -2 - Page 439 of 633 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 (i.e. churches, schools and hospitals), and one city just requires separation from other uses. The separation distances range between 500 feet and 1,200 feet. Note that the City of Palm Beach Gardens does not require a separation between those gas stations that qualify as convenience stores, and the Town of Juno Beach only applies the distance separation between more than three gas stations. Lastly, the Town of Jupiter only requires separation between larger gas stations (those with between 11 and 16 fueling stations). Five cities do not regulate gas stations by separation or number per intersection. As indicated by the survey results, there is variation of standards among other cities, but approximately one-half of the sample applies some type of distance separation standard to gas stations. Minimum frontage standard of 225 feet for gas stations Staff proposes to omit the minimum frontage requirement that applies solely to gas stations. Although initially this may only benefit one parcel, it does remove an inconsistency in the system as there are several gas stations that do not meet the minimum frontage requirement. Further, the current minimum lot size standard of 30,000 square feet would remain making the frontage requirement unnecessary. Staff opines that parcel configuration should not delineate eligibility for a gas station, given the site, operational and engineering requirements, and design standards that ensure proper design through a performance standard approach rather than the conventional zoning standard. It is possible to find a parcel at an intersection that is shallow but long, which greatly exceeds the minimum area requirement yet is deficient in a minimum frontage dimension. Using the property targeted for a Wawa gas station as an example, the property is 3 times the minimum area standard for a gas station yet is approximately 30 feet short of the minimum frontage requirement on one side of the property. Minimum Driveway Separation from Property Boundaries of 30 feet The City's Land Development Regulations solely applicable to gas stations also include a minimum distance separation standard between a project driveway and the property line (e.g. 30 feet). Such technical site standards such as driveway separations and widths, parking space and drive isle dimensions, clear (safe) site triangles and site distance standards are included in the City's Engineering & Design Handbook. The Handbook is the complete guide on the design, construction and maintenance of systems that move traffic throughout the City and supports the land development process. The manual is comprehensive, taking into consideration all vehicle types and spatial needs. However, the manual does not regulate the separation between a driveway and a property line. Staff does not see the purpose of a standard unique to a gas station use that is not supported by the above- described manual. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to increase possible gas station siting options at appropriate areas to increase service potential during periods of severe weather and power outage, as well as to eliminate some unnecessary site standards within the Land Development Regulations. Attachment S:APlanning\SHARED\WP\SPECPRO.ECODE REVIEW\CDRV 18-002 Gas Station locations\StaffReport.doc -3 - Page 440 of 633 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 EXHIBIT "A" Land Development Regulations, Chapter 3, Article IV, Section 3.D: 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only allowed on properties located at three-way or four-way intersections involving arterial and collector road of rights-of-way as designated by the Comprehensive Plan, excluding local streets and alleys. Interchanges with I-95 are included as eligible intersections. Eligible properties at an intersection with I-95 include the first parcel directly west or east of the toe embankment of the I-95 interchange. This may also be defined as the first parcel with frontage on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of two (2) gasoline stations shall be allowed at each intersection excelat tris limitation shall_not clr ,j.hlc rnt rse tions s detrtned b his p r rap ,..that consist Ot an r zt. r�zacr l art r� l r c y i c p rose 0t tars e elatroza rs t maximize service.Potential d rrz� .trines �t desr st 1d !�mcp eztcres rzavolyinci.tn or storm events and PS cr t >es rtr l rl along_or_near v c atr_pn routes. A convenience store with retail gasoline __ m_ m m sales is considered to be a gasoline station and is therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. ------------ (4-]) Access. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50)feet from the intersection unless county or state standards require a greater distance; (b) Driveways shall be a minimum of thirty (30)feet and a maximum of forty-five (45)feet in width; and O Setbacks. (a) No canopy shall be located less than twenty (20)feet from any property line; and (b) No gasoline pump island shall be located less than thirty (30)feet from any property line. (€i ) Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. ( (I) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. O Landscaping. See landscaping standards in Chapter 4. O Lighting. See lighting standards in Chapter 4. (49) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. (4410) Gasoline stations shall be permitted uses if located greater than 200 feet from a boundary of a residential zoning district. Distances for the purpose of this subsection shall be -4 - Page 441 of 633 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 measured from the closest gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or mixed-use zoning district. (4211) A station existing prior to amendment of these regulations that is located on a lot that does not conform to the property development regulations of the zoning district, as defined in Section 11 of this chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of property value, as long as the magnitude of the non-conformity is not worsened by the improvement. b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or aboveground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Exceptions to requirement for location at intersections as stated above under section a.(1). When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD District are satisfied. c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation. No gasoline pump island shall be located less than two hundred (200)feet from any public right-of-way. (4) Exceptions to requirement for location at intersections as stated above under section a.(1). Uses within the PCD District shall not be required to comply with the location standard described above in subsection a.(1). -5 - Page 442 of 633 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these regulations shall not be deemed non-conforming to the corresponding site standards if located in compliance with the location (intersection) standard stated above in section a. (6) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article II by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.13.46.a.(5)(a) above; (b) Section 3.13.46.a.(5)(b) above; (c) Section 3.13.46.c.(3)(a) above; or (d) Section 3.13.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off-setting the impact. d. MU-L3 District and MU-H District. (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. (2) Setbacks. (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal building. e. PID District. This non-industrial use shall be allowed within the PID district provided it is located on a lot with a Mixed Use (MU)land use option and at an intersection that would satisfy the location requirements of this note. (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. -6 - Page 443 of 633 EXHIBIT "A" Land Development Regulations, Chapter 3, Article IV, Section 3.D: 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only allowed on properties located at three-way or four-way intersections involving arterial and collector road of rights-of-way as designated by the Comprehensive Plan, excluding local streets and alleys. Interchanges with I-95 are included as eligible intersections. Eligible properties at an intersection with I-95 include the first parcel directly west or east of the toe embankment of the I-95 interchange. This may also be defined as the first parcel with frontage on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of two (2) gasoline stations shall be allowed at each intersection excelat tris limitation shall_not clr ,j.hlc rnt rse tions s detrtned b his p r rap ,..that consist o an r zt. r�zacr l art r� l r c y i c p rose 0t tars e elatroza rs t maximize service.Potential d rrz� .trines �t desr st 1d !�mcp eztcres rzavolyinci.tn for storm events and PS cr t >es rtr l rl along_or_near v c atr_pn routes. A convenience store with retail gasoline __ m_ m m sales is considered to be a gasoline station and is therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. ------------ (4-]) Access. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50)feet from the intersection unless county or state standards require a greater distance; (b) Driveways shall be a minimum of thirty (30)feet and a maximum of forty-five (45)feet in width; and O Setbacks. (a) No canopy shall be located less than twenty (20)feet from any property line; and (b) No gasoline pump island shall be located less than thirty (30)feet from any property line. (€i ) Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. ( (I) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. O Landscaping. See landscaping standards in Chapter 4. O Lighting. See lighting standards in Chapter 4. (49) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. (4410) Gasoline stations shall be permitted uses if located greater than 200 feet from a boundary of a residential zoning district. Distances for the purpose of this subsection shall be Page 444 of 633 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 measured from the closest gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or mixed-use zoning district. (4211) A station existing prior to amendment of these regulations that is located on a lot that does not conform to the property development regulations of the zoning district, as defined in Section 11 of this chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of property value, as long as the magnitude of the non-conformity is not worsened by the improvement. b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or aboveground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Exceptions to requirement for location at intersections as stated above under section a.(1). When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD District are satisfied. c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation. No gasoline pump island shall be located less than two hundred (200)feet from any public right-of-way. (4) Exceptions to requirement for location at intersections as stated above under section a.(1). Uses within the PCD District shall not be required to comply with the location standard described above in subsection a.(1). -2 - Page 445 of 633 LDR Amendments(CDRV 18-002) Memo PZ No.18-033 (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these regulations shall not be deemed non-conforming to the corresponding site standards if located in compliance with the location (intersection) standard stated above in section a. (6) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article II by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.13.46.a.(5)(a) above; (b) Section 3.13.46.a.(5)(b) above; (c) Section 3.13.46.c.(3)(a) above; or (d) Section 3.13.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off-setting the impact. d. MU-L3 District and MU-H District. (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. (2) Setbacks. (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal building. e. PID District. This non-industrial use shall be allowed within the PID district provided it is located on a lot with a Mixed Use (MU)land use option and at an intersection that would satisfy the location requirements of this note. (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75)feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. -3 - Page 446 of 633 City of Boynton Beach EXHIBIT "B" Thoroughfare System Functional Classification of Roads H poluxo d Hypoluxo d Hypoluxo Rd > VL _ a x 1� n lb Y o a� �' .. i g U) O' z j `L� Miner Rd Miner Rd diner J Cn ��._. r—.•� r••j 1 Qj\J Q- E C.) Blvd Blvd O C/) Gatewa d Gatew 1 Blv Ga j 3 , 1 2 O ii ! OUB _..1 1 ? 1 n m 1 ME j Old Boyn on Rd j z W Boynt Beach Ivd U) 1 Boynton Be ch Blvd Hill Z c Ave U) j C m - 1 i o, CD U)Cn 1 -i 1 8.B. PUBLIC HEARING 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-011 - FIRST READING -Approve Wawa Future Land Use Map Amendment (LUAR 18-001) to reclassify property from Office Commercial (OC) to Local Retail Commercial (LRC). Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. PROPOSED ORDINANCE NO. 18-012 - FIRST READING -Approve Wawa Rezoning (LUAR 18-001) from C-1 Office Professional to C-3, Community Commercial. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. EXPLANATION OF REQUEST: The 2.14-acre subject property consists of two parcels, one currently vacant and one developed with a single story, presently unoccupied office building. The applicant proposes this future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa store and gas station. The request for a major site plan modification is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs), including one pertaining to the maximum number of gasoline stations at an intersection. The proposed LRC future land use and C-3 zoning will bring the north east corner of the Congress Avenue/ Woolbright Road intersection to consistency with the FLU and zoning of the three remaining corners where LRC and C-3 zoning already prevail, allowing development intensity which aligns with the high traffic volumes carried by both Congress Avenue and Woolbright Road. This intersection is less than a mile from the City's main commercial hub of the Congress Avenue corridor and the tentative boundary of the future "Congress Avenue District," the target of the next redevelopment plan. W hile focused on optimizing the District's economic potential, the plan will also impact the Congress Avenue/ Woolbright Road intersection. That area may redevelop into a secondary commercial activity node, serving residents of the surrounding neighborhoods who may prefer to avoid traffic and crowds further north. The proposed rezoning—which permits retail as well as office uses—would allow for intensification of the commercial development on the subject property in support of such a node. The Planning and Development Board forwarded these items with a recommendation of approval on May 22, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended Page 448 of 633 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending Land Use for Wawa from Office Commercial to Local Retail Commercial D Ordinance Ordinance Wawa Rezone from C®1 to C®3 D Staff Report Staff Report D Location Map ExhibitA: Location Map D Exhibit Exhibit B: Proposed FLU D Exhibit Exhibit C: Proposed Zoning Page 449 of 633 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS WAWA AND DESCRIBED 7 HEREIN, OWNED BY BOYNTON HEART INSTITUTE, LLC./PNC 8 BANK, NA; CHANGING THE LAND USE DESIGNATION FROM 9 OFFICE COMMERCIAL(OC)TO LOCAL RETAIL COMMERCIAL 10 (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS,the City Commission of the City of Boynton Beach,Florida has adopted 14 a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use 15 Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment hereinafter 21 set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best 22 interest of the inhabitants of said City to amend the Future Land Use Element(designation)of 23 the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect That the 29 Future Land Use of the following described land: 30 Page 450 of 633 31 PARCEL L 32 33 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL),PLAT OF TENTH SECTION PALM 34 BEACH LEISUREVILLE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 35 BOOK 30, PAGES 129 THROUGH 141, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH 36 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 37 38 COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, 39 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE N 88°00'52"E.,ALONG THE 40 NORTH LINE OF SAID SECTION 32,A DISTANCE OF 60.01 FEET; THENCE S.1'02'40"E.,A 41 LONG SAID PARALLEL LINE,A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 FEET 42 SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32; THENCE 43 N.88000'52"E.,ALONG SAID PARALLEL LINE,A DISTANCE OF 236.29 FEET TO THE POINT 44 OF BEGINNING; THENCE CONTINUE N.88000'52"E.,ALONG SAID PARALLEL LINE,A 45 DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND PARALLEL TO 46 THE WEST LINE OF SAID SECTION 32; THENCE S 1002'40"E.,A DISTANCE OF 193.03 FEET 47 TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE CENTERLINE OF S.W. 48 15TH AVENUE (WOOLBRIGHT ROAD),AS NOW LAID OUT AND IN USE; THENCE 49 S88000'52"W.,ALONG SAID PARALLEL LINE,A DISTANCE OF 250.60 FEET; THENCE 50 N.1059'08"W.,A DISTANCE OF 193.00 FEET TO THE POINT OF BEGINNING. 51 52 CONTAINING 48,676 SQUARE FEET/1.1174 ACRES MORE OR LESS. 53 54 TOGETHER WITH 55 56 PARCEL 2 57 58 THE SOUTH 200 FEET OF THE NORTH 240 FEET OF THE EAST 500 FEET OF THE WEST 550 59 FEET OF THE NORTH ONE-QUARTER(N 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, 60 RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS TRACT 61 H-5, LESS THE EAST 200 FEET THEREOF,AS MARKED (NOT INCLUDED) ON THE PLAT OF 62 TENTH SECTION, PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, PAGE 130; 63 64 LESS AND NOT INCLUDING THE FOLLOWING DESCRIBED PARCEL: 65 66 COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE S 88000'52"W, 67 ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF 68 SOUTHWEST 15TH AVENUE,AS SHOWN IN SAID PLAT BOOK 30 AT PAGE 130,A 69 DISTANCE OF 200.03 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 70 200 FEET OF SAID TRACT H-5 AND THE POINT OF BEGINNING; THENCE N 1002'04"W,AND 71 PARALLEL WITH THE EAST LINE OF SAID TRACT H-5,A DISTANCE OF 7.00 FEET; HENCE 72 S 88000'52" W, 439.23 FEET,ALONG A LINE 60 FEET NORTH OF AND PARALLEL WITH THE 73 CENTERLINE OF SOUTHWEST 15TH AVENUE,AS SHOWN IN SAID PLAT BOOK 30, PAGE 74 130, TO THE POINT OF A CURVATURE OF A CURVE FROM WHICH THE RADIUS POINT 75 BEARS N O1059'08",W, 50 FEET; THENCE N 46030'54"W, 71.29 FEET,ALONG THE CHORD OF 76 SAID CURVE THROUGH A CENTRAL ANGLE OF 90056'28" TO THE POINT OF TANGENCY; 77 THENCE N O1002'40"W, 142.20 FEET ALONG A LINE 60 FEET EAST OF AND PARALLEL 78 WITH THE CENTERLINE OF CONGRESS AVENUE,AS SHOWN IN SAID PLAT BOOK 30, 79 PAGE 130, TO THE SOUTH RIGHT OF WAY OF LAKE WORTH DRAINAGE DISTRICT L026 80 CANAL; THENCE S 88000'52"W, 10.00 FEET;ALONG SAID SOUTH RIGHT OF WAY LINE OF 81 L-26 CANAL, THENCE S O1°02'40" E, 174.62 FEET,ALONG LINE 50 FEET EAST OF AND 82 PARALLEL WITH THE CENTERLINE OF CONGRESS AVENUE AS SHOWN IN SAID PLAT 83 BOOK 30, PAGE 130, TO THE POINT OF CURVATURE OF A CURVE FROM WHICH THE 84 RADIUS OF TANGENCY; THENCE N 88000'52" E. 474.65 FEET,ALONG A LINE 53.0 FEET Page 451 of 633 85 NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE,AS 86 SHOWN IN SAID PLAT BOOK 30, PAGE 130, TO THE POINT OF BEGINNING. 87 88 LESS AND NOT INCLUDING THAT PROPERTY CONVEYED IN OFFICIAL RECORDS BOOK 89 13210, PAGE 273, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 90 DESCRIBED AS FOLLOWS: 91 92 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL),PLAT OF TENTH SECTION PALM 93 BEACH LEISUREVILLE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 94 BOOK 30, PAGES 129 THROUGH 141, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH 95 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 96 97 COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, 98 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE N 88°00'52"E.,ALONG THE 99 NORTH LINE OF SAID SECTION 32,A DISTANCE OF 60.01 FEET ; THENCE S.1'02'40"E.,A 100 LONG SAID PARALLEL LINE,A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 FEET 101 SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32; THENCE 102 N.88000'52"E.,ALONG SAID PARALLEL LINE,A DISTANCE OF 236.29 FEET TO THE POINT 103 OF BEGINNING; THENCE CONTINUE N.88000'52"E.,ALONG SAID PARALLEL LINE,A 104 DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND PARALLEL TO 105 THE WEST LINE OF SAID SECTION 32; THENCE S1°02'40"E.,A DISTANCE OF 193.03 FEET 106 TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE CENTERLINE OF S.W. 107 15TH AVENUE (WOOLBRIGHT ROAD),AS NOW LAID OUT AND IN USE; THENCE 108 S88000'52"W.,ALONG SAID PARALLEL LINE,A DISTANCE OF 250.60 FEET; THENCE 109 N.1059'08"W.,A DISTANCE OF 193.00 FEET TO THE POINT OF BEGINNING. 110 111 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS, SAID EASEMENT BEING 112 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 113 114 THE SOUTH 56 FEET OF THE NORTH 240 FEET OF THE EAST 16 FEET OF THE WEST 566 115 FEET OF THE NORTH ONE-QUARTER(N 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, 116 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,AND BEING ALSO KNOWN AS THE 117 SOUTH 56 FEET OF THE WEST 16 FEET OF THE EAST 200 FEET OF TRACT H-5 AS MARKED 118 (NOT INCLUDED) ON THE PLAT OF TENTH SECTION,PALM BEACH LEISUREVILLE, 119 RECORDED IN PLAT BOOK 30, PAGE 130, LESS AND NOT INCLUDING THE FOLLOWING 120 DESCRIBED PARCEL: 121 122 BEING A PART OF TRACT H-5 AS MARKED (NOT INCLUDED) ON THE PLAT OF TENTH 123 SECTION, PALM BEACH LEISUREVILLE, RECORDED IN PLAT BOOK 30, PAGE 130,AND 124 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 125 126 COMMENCING AT THE SOUTHEAST CORNER OF TRACT H-5, PLAT OF TENTH SECTION, 127 PALM BEACH LEISUREVILLE. AS RECORDED IN PLAT BOOK 30, PAGE 130, PUBLIC 128 RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE N O1002'40"W. ALONG THE EAST 129 LINE OF SAID TRACT H-5,A DISTANCE OF 7.00 FEET; THENCE S 88000'52"W,ALONG A 130 LINE 60.0 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH 131 AVENUE,AS SHOWN IN SAID PLAT BOOK 30, PAGE 130,A DISTANCE OF 184.03 FEET, TO 132 THE INTERSECTION WITH THE WEST LINE OF THE EAST 184 FEET OF SAID TRACT H-5; 133 THENCE CONTINUE S 88000'52"W. A DISTANCE OF 16 FEET, TO THE INTERSECTION WITH 134 THE WEST LINE OF THE EAST 200 FEET OF SAID TRACT H-5; THENCE S O1002'40"E. ALONG 135 SAID WEST LINE A DISTANCE OF 7.00 FEET; THENCE N 88000'32"E,ALONG LINE OF 53.0 136 FEET NORTH OF AND PARALLEL WITH THE SAID CENTERLINE OF SOUTHWEST 15TH 137 AVENUE,A DISTANCE OF 16 FEET; THENCE N O1002'40"W. A DISTANCE OF 7.00 FEET TO 138 THE POINT OF BEGINNING. Page 452 of 633 139 140 PARCEL 2 CONTAINING 44,626 SQUARE FEET/1.0245 ACRES MORE OR LESS. 141 142 SAID LANDS SITUATE IN THE CITY OF BOYNTON, PALM BEACH COUNTY, FLORIDA. 143 144 PARCELS 1 AND 2 CONTAINING A TOTAL OF 93,302 SQUARE FEET/2.1419 ACRES MORE 145 OR LESS. 146 147 is amended from Office Commercial (OC)to: LOCAL RETAIL COMMERCIAL 148 (LRC). 149 Section 3: This Ordinance shall take effect on adoption, subject to the review,challenge,or 150 appeal provisions provided by the Florida Local Government Comprehensive Planning and Land 151 Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this 152 Ordinance until all statutory required review is complete and all legal challenges,including appeals, 153 are exhausted. In the event that the effective date is established by state law or special act, the 154 provisions of state act shall control. 155 FIRST READING this day of , 2018. 156 SECOND, FINAL READING and PASSAGE this day of , 2018. 157 CITY OF BOYNTON BEACH, FLORIDA 158 YES NO 159 160 Mayor— Steven B. Grant 161 162 Vice Mayor—Christina L. Romelus 163 164 Commissioner—Mack McCray 165 166 Commissioner—Justin Katz 167 168 Commissioner—Joe Casello 169 170 VOTE 171 ATTEST: 172 173 174 175 Judith A. Pyle, CMC 176 City Clerk 177 178 (Corporate Seal) Page 453 of 633 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING ORDINANCE 02-013 TO REZONE A 5 PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY 6 REFERRED TO AS WAWA FROM C-1 OFFICE PROFESSIONAL 7 TO C-3 COMMUNITY COMMERCIAL; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 11 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 12 and 13 WHEREAS, the City of Baynton Beach has made application to rezone land, said 14 land being more particularly described hereinafter, from C-1 Office Professional to C-3 15 Community Commercial; and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for 18 the property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED 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 incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from C-1 26 Office Professional to C-3 Community Commercial. A location map is attached hereto as 27 Exhibit "A" and made a part of this Ordinance by reference. Legal Description: 28 PARCEL 1: 29 30 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL), PLAT OF TENTH SECTION PALM 31 BEACH LEISUREVILLE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 32 BOOK 30, PAGES 129 THROUGH 141, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH 33 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 34 35 COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, 36 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE N 88°00'52"E., ALONG THE 37 NORTH LINE OF SAID SECTION 32, A DISTANCE OF 60.01 FEET; THENCE S.1'02'40"E., A 38 LONG SAID PARALLEL LINE,A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 39 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32; THENCE C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4II\Wawa-Rezone- Ordinance.doe Page 454 of 633 40 N.88000'52"E., ALONG SAID PARALLEL LINE,A DISTANCE OF 236.29 FEET TO THE 41 POINT OF BEGINNING; THENCE CONTINUE N.88°00'52"E.,ALONG SAID PARALLEL 42 LINE, A DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND 43 PARALLEL TO THE WEST LINE OF SAID SECTION 32; THENCE S 1°02'40"E., A DISTANCE 44 OF 193.03 FEET TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE 45 CENTERLINE OF S.W. 15TH AVENUE(WOOLBRIGHT ROAD), AS NOW LAID OUT AND 46 IN USE; THENCE S88°00'52"W.,ALONG SAID PARALLEL LINE, A DISTANCE OF 250.60 47 FEET; THENCE N.1°59'08"W., A DISTANCE OF 193.00 FEET TO THE POINT OF 48 BEGINNING. 49 50 CONTAINING 48,676 SQUARE FEET/1.1174 ACRES MORE OR LESS. 51 52 TOGETHER WITH 53 54 PARCEL 2 55 56 THE SOUTH 200 FEET OF THE NORTH 240 FEET OF THE EAST 500 FEET OF THE WEST 57 550 FEET OF THE NORTH ONE-QUARTER(N 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, 58 RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS 59 TRACT H-5, LESS THE EAST 200 FEET THEREOF,AS MARKED(NOT INCLUDED)ON THE 60 PLAT OF TENTH SECTION, PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, 61 PAGE 130; 62 63 LESS AND NOT INCLUDING THE FOLLOWING DESCRIBED PARCEL: 64 65 COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE S 88°00'52"W, 66 ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF 67 SOUTHWEST 15TH AVENUE, AS SHOWN IN SAID PLAT BOOK 30 AT PAGE 130,A 68 DISTANCE OF 200.03 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 69 200 FEET OF SAID TRACT H-5 AND THE POINT OF BEGINNING; THENCE N 1'02'04"W, 70 AND PARALLEL WITH THE EAST LINE OF SAID TRACT H-5, A DISTANCE OF 7.00 FEET; 71 HENCE S 88°00'52" W, 439.23 FEET,ALONG A LINE 60 FEET NORTH OF AND PARALLEL 72 WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE, AS SHOWN IN SAID PLAT 73 BOOK 30, PAGE 130, TO THE POINT OF A CURVATURE OF A CURVE FROM WHICH THE 74 RADIUS POINT BEARS N 01°59'08",W, 50 FEET; THENCE N 46°30'54"W, 71.29 FEET, 75 ALONG THE CHORD OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90056'28" TO 76 THE POINT OF TANGENCY; THENCE N 01°02'40"W, 142.20 FEET ALONG A LINE 60 FEET 77 EAST OF AND PARALLEL WITH THE CENTERLINE OF CONGRESS AVENUE,AS SHOWN 78 IN SAID PLAT BOOK 30, PAGE 130, TO THE SOUTH RIGHT OF WAY OF LAKE WORTH 79 DRAINAGE DISTRICT L026 CANAL; THENCE S 88°00'52"W, 10.00 FEET;ALONG SAID 80 SOUTH RIGHT OF WAY LINE OF L-26 CANAL, THENCE S 01°02'40" E, 174.62 FEET, 81 ALONG A LINE 50 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF 82 CONGRESS AVENUE AS SHOWN IN SAID PLAT BOOK 30,PAGE 130, TO THE POINT OF 83 CURVATURE OF A CURVE FROM WHICH THE RADIUS OF TANGENCY; THENCE N 84 88000'52" E. 474.65 FEET,ALONG A LINE 53.0 FEET NORTH OF AND PARALLEL WITH 85 THE CENTERLINE OF SOUTHWEST 15TH AVENUE,AS SHOWN IN SAID PLAT BOOK 30, 86 PAGE 130, TO THE POINT OF BEGINNING. 87 88 LESS AND NOT INCLUDING THAT PROPERTY CONVEYED IN OFFICIAL RECORDS 89 BOOK 13210, PAGE 273, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 90 FLORIDA, DESCRIBED AS FOLLOWS: 91 C:\Users\StanzionenAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4II\Wawa-Rezone- Ordinance.doc Page 455 of 633 92 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL),PLAT OF TENTH SECTION PALM 93 BEACH LEISUREVILLE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 94 BOOK 30, PAGES 129 THROUGH 141, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH 95 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 96 97 COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, 98 RANGE 43 EAST, PALM BEACH COUNTY,FLORIDA; THENCE N 88°00'52"E., ALONG THE 99 NORTH LINE OF SAID SECTION 32,A DISTANCE OF 60.01 FEET ; THENCE S.1°02'40"E.,A 100 LONG SAID PARALLEL LINE,A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 101 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32; THENCE 102 N.88000'52"E., ALONG SAID PARALLEL LINE,A DISTANCE OF 236.29 FEET TO THE 10 3 POINT OF BEGI'N'NING; THENCE CONTINUE N.88°00'52"E.,ALONG SAID PARALLEL 104 LINE, A DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND 105 PARALLEL TO THE WEST LINE OF SAID SECTION 32; THENCE S1°02'40"E., A DISTANCE 106 OF 193.03 FEET TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE 107 CENTERLINE OF S.W. 15TH AVENUE(WOOLBRIGHT ROAD), AS NOW LAID OUT AND 108 IN USE; THENCE S88°00'52"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 250.60 109 FEET; THENCE N.1°59'08"W., A DISTANCE OF 193.00 FEET TO THE POINT OF 110 BEGINNING, 111 112 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS, SAID EASEMENT BEING 113 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 114 115 THE SOUTH 56 FEET OF THE NORTH 240 FEET OF THE EAST 16 FEET OF THE WEST 566 116 FEET OF THE NORTH ONE-QUARTER(N 1/4)OF SECTION 32, TOWNSHIP 45 SOUTH, 117 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,AND BEING ALSO KNOWN AS THE 118 SOUTH 56 FEET OF THE WEST 16 FEET OF THE EAST 200 FEET OF TRACT H-5 AS 119 MARKED (NOT INCLUDED) ON THE PLAT OF TENTH SECTION, PALM BEACH 12 0 LEISUREVILLE, RECORDED IN PLAT BOOK 30, PAGE 130, LESS AND NOT INCLUDING 121 THE FOLLOWING DESCRIBED PARCEL: 122 123 BEING A PART OF TRACT H-5 AS MARKED (NOT INCLUDED)ON THE PLAT OF TENTH 124 SECTION,PALM BEACH LEISUREVILLE, RECORDED IN PLAT BOOK 30, PAGE 130, AND 125 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 126 12 7 COMMENCING AT THE SOUTHEAST CORNER OF TRACT H-5, PLAT OF TENTH 12 8 SECTION,PALM BEACH LEISUREVILLE. AS RECORDED IN PLAT BOOK 30, PAGE 130, 129 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE N 0l°02'40"W. ALONG 13 0 THE EAST LINE OF SAID TRACT H-5,A DISTANCE OF 7.00 FEET; THENCE S 88°00'52"W, 131 ALONG A LINE 60.0 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF 132 SOUTHWEST 15TH AVENUE, AS SHOWN IN SAID PLAT BOOK 30, PAGE 130,A 133 DISTANCE OF 184.03 FEET, TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 134 184 FEET OF SAID TRACT H-5; THENCE CONTINUE S 88°00'52"W. A DISTANCE OF 16 135 FEET,TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 200 FEET OF SAID 136 TRACT H-5; THENCE S 01'02'40"E. ALONG SAID WEST LINE A DISTANCE OF 7.00 FEET; 137 THENCE N 88000'32"E, ALONG A LINE OF 53.0 FEET NORTH OF AND PARALLEL WITH 138 THE SAID CENTERLINE OF SOUTHWEST 15TH AVENUE,A DISTANCE OF 16 FEET; 13 9 THENCE N 01.002'40"W. A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING. 140 141 PARCEL 2 CONTAINING 44,626 SQUARE FEET/1.0245 ACRES MORE OR LESS. 142 143 SAID LANDS SITUATE IN THE CITY OF BOYNTON, PALM BEACH COUNTY, FLORIDA. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4[1\Wawa-Rezone- Ordinance.doe Page 456 of 633 144 145 PARCELS 1 AND 2 CONTAINING A TOTAL OF 93,302 SQUARE FEET/2.1419 ACRES MORE 146 OR LESS. 147 148 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 149 accordingly. 150 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 151 repealed. 152 Section 5. Should any section or provision of this Ordinance or any portion thereof 153 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 154 the remainder of this Ordinance. 155 Section 6. This ordinance shall become effective immediately upon passage. 156 FIRST READING this day of , 2018. 157 SECOND, FINAL READING and PASSAGE this day of 52018. 158 CITY OF BOYNTON BEACH,FLORIDA 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 VOTE 172 ATTEST: 173 174 175 Judith A. Pyle, CMC 176 City Clerk 177 178 179 (City Seal) C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4LT\Wawa-Rezone- Ordinance.doe Page 457 of 633 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-023 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: March 16, 2018 PROJECT: Wawa LUAR 18-001 REQUEST: Approve the Wawa Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC) and rezoning from C-1 Office Professional to C-3, Community Commercial. PROJECT DESCRIPTION Applicant: Brightwork Acquisitions, LLC Property Owner: Boynton Heart Institute, LLC / PNC Bank, NA Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP Location: 2505 W. Woolbright Road and adjacent property to the east (Exhibit "A") Existing Land Use/ Zoning: Office Commercial (OC) / C-1 Office Professional Proposed Land Use/ Zoning: Local Retail Commercial (LRC) / C-3 Community Commercial Acreage: 2.14 acres Adjacent Uses: Page 458 of 633 Page 2 Wawa LUAR 18-001 North: Right-of-way of Canal L-26, Lake Worth Drainage District; farther north, developed single-family homes of Palm Beach Leisureville, classified Low Density Residential (LDR) and zoned R-1AA, Single-Family Residential; South: Right of way of Woolbright Road; further south, developed commercial properties, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial (Marathon gas station, McDonald's restaurant and Sun First National Bank) and PCD, Planned Commercial Development (Boynton Shoppes); East: Developed office property (medical offices), classified Office Commercial (OC) and zoned C-1, Office Professional; and West: Right-of-way of South Congress Avenue; farther west, developed commercial property (Mobil gas station and 7-Eleven store), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial. BACKGROUND The 2.14-acre subject property consist of two parcels, one currently vacant and one developed with a single story, presently unoccupied office building, formerly housing a branch of the PNC Bank which was merged with another facility nearby. The applicant proposes future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa store and gas station. The request for the major site plan modification is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs) regarding the maximum number of gasoline stations at an intersection, minimum parcel frontage, and the minimum separation required between a driveway and property line. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3: a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The property subject to the proposed Future Land Use (FLU) amendment and rezoning is located on the north east corner of the intersection of two busy arterials, Congress Avenue (a Principal Arterial) and Woolbright Road (a Minor Arterial). This intersection is less than a mile away from the City's main commercial hub of the Congress Avenue 2 Page 459 of 633 Page 3 Wawa LUAR 18-001 corridor and the tentative boundary of the future Congress Avenue District, the target area of the next redevelopment planning effort. Population there has been growing in recent years, attracting more commercial uses to the District and its vicinity. The incoming redevelopment plan will work to maximize the area's opportunities to their greatest economic potential. The planned growth of the District will also impact the Congress Avenue/Woolbright Road intersection, which in turn may redevelop into a secondary commercial activity node, serving residents of the surrounding residential neighborhoods who may prefer to avoid traffic and crowds further north. The proposed rezoning would allow intensification of the commercial development on the subject property in support of such a node. Note that a somewhat similar thinking undelies the recommendations of the CRA Plan for the intersection of Woolbright Road and Federal Highway. The Plan supports intensification of redevelopment on that intersection, identifying it as an activity node secondary to the highest density and intensity in the Downtown district. The subject FLU amendment and rezoning is also corroborated by market trends, which demonstrate more support for retail than for office development in the City. Boynton Beach does not have class "A" office space, and the vacancy rates for classes "B" and "C" have been high in recent years. According to the the Cushman and Wakefield 4th quarter 2017 report, the overall office vacancy rate in the Boynton market was 25.6%, the highest among the Palm Beach county municipalities (it was 12.9% countywide). Note that the proposed amendment/rezoning supports retail while leaving the option for office uses open. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLU amendment and rezoning are consistent with the general intent of the policies of the Comprehensive Plan's Future Land Use Element, which recognize and support commercial uses as goods/services providers and job generators, including, for example: Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends.; and Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. 3 Page 460 of 633 Page 4 Wawa LUAR 18-001 In addition, the proposed future land use amendment and rezoning supports "Strong Local Economy," one of the objectives of the City's Strategic Plan. Consistency with Land Development Regulations (LDR) N/A. A master plan/site plan application involving a rezoning to a conventional zoning district is not—as is the case with a planned zoning district—an intrinsic component of the rezoning application and therefore it is not required to accompany the latter. Moreover, if the two applications are submitted concurently, the site plan's consistency with the LDRs is not a criterion to be considered as part of the rezoning; rather, the master plan/site plan submittal is reviewed on its own merits. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The land use pattern in adjacent and nearby areas is eclectic. it incoporates commercial uses of office and retail as well as single-family, townhome and condominium residential uses. The FLU and zoning patterns reflect this diversity. The proposed FLU category and zoning district will bring the north east corner of the Congress Avenue/Woolbright Road intersection to consistency with the FLU classification and zoning designation of the three remaining corners where Local Retail Commercial (LRC) land use and C-3 zoning prevail. The development intensity of LRC future land use and C-3 zoning aligns with the high traffic volumes carried by urban principal arterials such as Congress Avenue. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed amendment/rezoning supports the integration of the land uses consistent with the smart growth and sustainability initiatives since it provides uses complementary to the existing ones. Further, the retail-supportive zoning would provide the residents of the surrounding communities with another close by option for convenience shopping, particulary since the nearest large grocery store is nearly a mile away. 4 Page 461 of 633 Page 5 Wawa LUAR 18-001 e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact study has been completed; no issues pertaining to the Palm Beach County's Traffic Performance Standards (TPS) were identified. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See responses to criteria "a" and "c." The FLU amendment and rezoning would not negatively affect property values in the surrounding area and, given the diversity of the local land use pattern, would be reasonably compatible with the current and future use of adjacent and nearby properties. The subject property is separated from the single- family Palm Beach Leisureville on its north side by a physical barrier of L-26 Canal; in addition to the canal's 81-foot right-of-way, the required 12-foot buffer with a (minimum) six (6) foot wall landscaped on both sided would provide adequate separation between the residential community and the commercial uses permitted by the proposed C-3 zoning district. As stated in the response to criterion "a," the amendments are related to the needs of the neighborhood and would support the secondary commercial activity center on the Congress Avenue corridor. Since the corridor is of primary importance to the City's economic development, the amendments, although at a small scale, are also related to the needs of the City as a whole. 5 Page 462 of 633 Page 6 Wawa LUAR 18-001 g. Economic Development Impact Determination for Conventional Zonin_g Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district, and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The answer to both questions is "no." The proposed amendment would represent the increase in both possible intensity of development and in number and type of commercial uses with "high probable economic development benefits." h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed rezoning does not reduce the amount of land available for commercial/industrial development. It keeps and further intensifies the potential retail/office redevelopment of the site. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are 3 (three) vacant parcels within the city carrying the C-3 zoning AND close in size to the property under consideration. These may not be currently on the market and/or their location may not be suitable for a use proposed by the developer. As discussed previously in this report, the proposed amendment/rezoning is more consistent with the C-3 zoning of lands surrounding the intersection of Congress Avenue and Woolbright Road. 6 Page 463 of 633 Page 7 Wawa LUAR 18-001 j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. Section 2.D.1 .e of the LDRs refers to "Rezoning to Planned Zoning Districts"- the proposed rezoning involves a conventional district C-3. See comments to criterion "b" (Consistency with Land Development Regulations). For the site plan review, see the corresponding staff report. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that it meets the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Wawa Gas Station\LUAR 18-001\LUAR 18-001 Wawa Staff Report.dou 7 Page 464 of 633 EXHIBIT A SITE LOCATION MAP 7 „ d f 1 Y s LL 1 , a t`5�S S lr N j F : N �h4 Ca � til A V� �r sr � 1 T N 037.575 150 225 300 I of EXHIBIT B WAWA: PROPOSED FLU (LUAR 18-001 ) s d' N SW-1-3th Ter -3: SW 14th Ave a , - SITES � - j� - - _ o-Woolbright-Rd- V - V N Legend LOW DENSITY RESIDENTIAL(LDR); 7.5 D.U./Acre OFFICE COMMERCIAL(OC) ---- LOCAL RETAIL COMMERCIAL(LRC) Page 466 Of 633 EXHIBIT C WAWA: PROPOSED ZONING (LUAR 18-001 ) Ic *I d' N SW-13th Ter 3:_ SW 14th Ave � FSITE o-Woolbright-Rd i\ I t S Legend 0 R1AA Single Family, 5.5 du/ac C3 Community Commercial 0 C1 Office Professional M PCD Planned Commercial De9Wgpr-669t f 633 8.C. PUBLIC HEARING 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Approve Dog Activity World Group Conditional Use request (COUS 18-002)for a Pet Care (Boarding and Daycare)facility in an existing 20,000 square foot tenant space, located in the Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. Applicant: Hannah W ickins. EXPLANATION OF REQUEST: Hannah W ickins, representing Dog Activity World Group- FL, LLC, is seeking conditional use approval for a proposed pet daycare business focusing on exercise, activities and training, with indoor boarding, and leased space for veterinary services and pet grooming, within an existing 20,000 square foot tenant space at the Shoppes of Woolbright. The Shoppes of Woolbright Planned Commercial Development shopping center encompasses approximately 32 acres at Woolbright Road and SW 8th Street, and includes Home Depot, Staples, Burger King, RaceTrac and Cracker Barrel, among several other tenants. The shopping center is part of the Woolbright Place development, which also includes the Planned Unit Development parcels immediately to the north, consisting of several residential developments, including The Vinings, Crystal Key and Aventine. The particular tenant space under consideration was previously occupied by The Picture Factory and then Bravo Supermarket. The applicant indicates the store will have a positive economic benefit to the surrounding areas and the City as a whole through job creation and an active business in the space. The applicant goes on further to indicate they would like to provide discounts for surrounding employees to bring their dogs to their location during the day when they go to work, allowing them to visit their pets during the work day. The operator intends to hire seven (7)full-time employees immediately, with potential growth up to 10-12 full-time employees. Staff has reviewed the request and recommends approval. The Planning & Development Board reviewed the request at their May 22, 2018 meeting and also recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Fees associated with permits for tenant build-out and certificate of use. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 468 of 633 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Survey D Drawings Floor Plan 1 D Drawings Floor Plan 2 D Letter Business Information D Letter Applicant Justification D Conditions of Approval Conditions of Approval D Development Order Development Order Page 469 of 633 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-031 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THROUGH: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: May 1, 2018 PROJECT NAME/NO: Dog Activity World Group (D.A.W.G.) / COUS 18-002 REQUESTS: Approve request of Conditional Use application for a Pet Care (Boarding and Daycare)facility in an existing 20,000 square foot tenant space, located in Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 81h Street, within the PCD (Planned Commercial Development) zoning district. Applicant: Hannah Wickins. PROJECT DESCRIPTION Property Owner: Ocean Properties 777, LLC Applicant: Hannah Wickins, Dog Activity World Group - FL, LLC Agent: Hannah Wickins, Dog Activity World Group - FL, LLC Location: 1510 SW 8th Street, located in Shoppes of Woolbright, at the northeast corner of Woolbright Road and SW 8th Street (see Exhibit "A" — Location Map) Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Planned Commercial Development (PCD) Proposed Land Use: no change proposed Proposed Zoning: no change proposed Proposed Use: Pet Care (Boarding and Daycare) in an existing 20,000 square foot tenant space Acreage: 2.036 acres (tenant site) Adjacent Uses: North: Vacant retail building (former Home Depot Expo) within the PCD (Planned Commercial Development) zoning district, then farther north right-of-way of Morton Way; Page 470 of 633 Staff Report—Dog Activity World Group (D.A.W.G.) COUS 18-002 Page 2 South: Existing retail building (Home Depot) within the PCD (Planned Commercial Development) zoning district, then farther south right-of-way of Woolbright Road; East: Right-of-way of the CSX Railroad, then farther east right-of-way of Interstate 95; and West: Other retail bays and commercial buildings within the Shoppes of Woolbright shopping center, in the PCD (Planned Commercial Development) zoning district, then right-of-way of SW 81h Street. PROPOSAL Hannah Wickins, representing Dog Activity World Group- FL, LLC, is seeking conditional use approval for a proposed pet daycare business focusing on exercise, activities and training,with indoor boarding, and leased space for veterinary services and pet grooming,within an existing 20,000 square foot tenant space at Shoppes of Woolbright. Per Chapter 3, Article IV, Section 3.D. (Use Matrix) of the Land Development Regulations(LDR), Pet Care (Grooming) is a permitted use in the PCD zoning district, as is Pet Care (Veterinary), and Pet Care (Boarding and Daycare) is allowed as a conditional use. A conditional use is defined in the LDR as a use that because of special requirements or characteristics may be allowed in a particular zoning district, but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. No external kenneling is allowed, either as a principal or accessory use in the PCD zoning district. BACKGROUND The Shoppes of Woolbright Planned Commercial Development shopping center encompasses approximately 32 acres at Woolbright Road and SW 81h Street, and includes Home Depot, Staples, Burger King, RaceTrac and Cracker Barrel, among several other tenants. The shopping center is part of the Woolbright Place development, which also includes the Planned Unit Development parcels immediately to the north, consisting of several residential developments, including The Vinings, Crystal Key and Aventine. The particular tenant space under consideration was previously occupied by The Picture Factory and then Bravo Supermarket. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Chapter 3,Article IV, Section 4 of the Land Development Regulations contains the following standards to which conditional uses are required to conform. The applicant has submitted a Justification Statement that addresses each of the conditional use standards (see Exhibit "C" — Justification Statement). Following each of these standards below is the Planning and Zoning Division's evaluation of the application as it pertains to the conditional use standards. Per the LDR, the Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of the zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to the review criteria below, or deny conditional uses when not in harmony with the stated purpose and intent of ensuring compliance, public purpose, and compatibility. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory Page 471 of 633 Staff Report—Dog Activity World Group (D.A.W.G.) COUS 18-002 Page 3 provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. This application proposes no revisions to the existing vehicular circulation patterns and approved ingress and egress locations for the site. The site currently has six (6) points of vehicular ingress/egress for the shopping center, four (4) along the east side of SW 81h Street and two (2) along Morton Way. Additionally, there is internal cross-access from all of the buildings within the shopping center. No new traffic patterns will result from the proposed use and existing pedestrian circulation will remain the same. Customers for the proposed pet care facility would drop off their pets and pick them up utilizing the parking spaces immediately west of the tenant bay. The operator is considering some type of drop off immediately in front of the building. Should that be proposed, the concept would be presented to staff for evaluation and feasibility. The site provides adequate access and circulation for the general public, service deliveries, and emergency personnel and apparatus. The existing loading area in the rear (east side) is proposed to be converted to a fenced outdoor pet relief area, complete with synthetic turf for ease of cleanup.This fenced area will not affect traffic or pedestrian flow, or deliveries to adjacent tenants. The five (5) existing building ingress/egress points will be maintained for the new tenant, in order to insure safe means of egress from the structure for the animals, employees and customers in emergency situations. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odoreffects the conditional use will have on adjacent and nearby properties, and the city as a whole. There will be no change to the off-street parking with the requested conditional use. As mentioned above, the existing loading area at the rear of the building is proposed to be converted into a fenced outdoor pet relief area along the east facade of the building, as the proposed use as a dog daycare and boarding facility does not require the loading dock operation. The fence will be six(6) feet in height and screened to prevent a view in or out. The operator indicates that they would intend to take no more than 5 to 7 dogs out at one time to relieve themselves, and that the space is not intended as an outdoor run or play area, as those activities occur within the building. So, according to the operator, no dogs will be left unattended outside, they will be out only briefly, and any dog waste will be removed and disposed of immediately. Further, the proposed conditional use will not create additional parking demand within the shopping center, and the provided parking and vehicular circulation conditions are adequate forthe proposed use. The shopping center is required one (1) parking space per 200 square feet of gross floor area, and Pet Care requires less parking at one (1) parking space per 300 square feet. The proposed tenant will not generate additional demand for loading or deliveries above and beyond the other tenants within the plaza, nor generate objectionable glare, noise or odors.An off- site waste removal system is proposed for all pet waste. Waste will be manually picked up and stored in an airtight odor-free container for off-site removal and disposal. For clean-up the tenant will use an organic and highly safe odor removal cleaning solution designed specifically for pets. Page 472 of 633 Staff Report—Dog Activity World Group (D.A.W.G.) COUS 18-002 Page 4 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. No changes are proposed to the current refuse or service area. The proposed use will not generate any industrial, manufacturing, special or hazardous waste, or airborne pollutants. As noted above, all animal solid waste will be collected and stored in an airtight odor-free storage container, then disposed of in a weekly or semi-weekly basis by a service. Therefore,the proposed use will not negatively impact the health, safety, or welfare of the surrounding properties. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer, are available to the site and for use by all of the tenants. As a tenant within the shopping center, the proposed use will not represent an increase in demand for City utilities. No changes are proposed to the existing utilities. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The existing landscaping for the shopping center and developed outparcels provide adequate screening and buffering of the proposed use. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The existing lighting is compatible with surrounding commercial and residential properties and the proposed signage will be required to be in harmony with the existing shopping center master sign program design requirements of the Shoppes of Woolbright PCD. No new lighting is proposed with this request. 7. Required setbacks and other open spaces. All setback and open space requirements were met with the approved site plan for the shopping center. The proposed conditional use will not impact the setbacks or increase building square footage. 8. General compatibility with adjacent properties, and other property in the zoning district. Surrounding properties at this commercial node are similarly zoned and contain a mixture of commercial and multi-residential uses. The applicant believes the addition of the proposed pet daycare will be an asset to the surrounding properties by providing new, different and needed pet services to the public, as well as complement the current uses of the shopping center. No exterior building modifications are proposed, thus keeping the aesthetics of the shopping center intact and maintaining compatibility with adjacent properties. The proposed fence will be at the rear of the property, not visible to other than service and delivery functions. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The building height will not be altered and the shopping center will be maintained as a one-story structure which would not adversely impact the surrounding community. The heights of all buildings Page 473 of 633 Staff Report—Dog Activity World Group (D.A.W.G.) COUS 18-002 Page 5 on site are in accordance with the approved site plan and are compatible with other commercial and residential properties in the vicinity. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The applicant indicates the store will have a positive economic benefit to the surrounding areas and the City as a whole through job creation and an active business in the space. The applicant goes on further to indicate they would like to provide discounts for surrounding employees to bring their dogs to their location during the day when they go to work, and stop back by anytime during the day to check on their pet. The operator intends to hire seven (7)full-time employees immediately, with potential growth up to 10-12 full-time employees. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan. The proposed pet daycare would be one of several tenants within the existing Shoppes of Woolbright shopping center. The shopping center is located in the Planned Commercial Development (PCD) zoning district. The purpose of the PCD district is to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services. The applicant believes they will bring new people to the shopping center who will also patronize the other businesses. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 of the Land Development Regulations, and the Noise Control Ordinance, and City Code of Ordinances Part ll, Chapter 15, Section 15-8. The proposed use would conform to the operational performance standards of the City's code and shall be constructed, maintained, and operated so as not to be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation as outlined in Chapter 3, Article IV, Section 1 of the LDR. No adverse impacts specifically related to sound quality are expected, and the property would remain in compliance with all applicable noise control ordinances. 13. Required sound study and analysis. All conditional use applications forbars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer. Based upon the proposed use, this application is not subject to the sound analysis requirements. RECOMMENDATION Based on the details contained in the above evaluation and analysis, and compliance with all applicable development regulations, staff recommends APPROVAL of this request, subject to conditions contained within Exhibit"D"—Conditions of Approval. The expiration of the conditional use shall be 18 Page 474 of 633 Staff Report—Dog Activity World Group (D.A.W.G.) COUS 18-002 Page 6 months, unless applicable building permits and/or certificate of use are issued or an extension request is filed prior to the expiration. 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SAO HU 1d$ DM V Q Q e aui` noa�u 1saQ V x - Nv7d 90071 U ` ` w Q \ U w Lly LLI I \` � � I LLI � � I I , I I � I I Z Z 4 O U 0 w n i i U 0 � � U O ! I Z C) m0 (Y (P w (S) O � 11,1 w n, w Lu T w � w w � p w Z ►- `� � (S) M o w LL p xLLI x M F w 61 £n (K00 w w w 0 x o � o ° � � 4 0 (K d I 0 w (L tL N p p Z W :3 rn ! ! z " z w (f)° w U7 V � 0 U i ~ O = ly cv ? w z Z LU ° (L pW � O u4t xl uuiiV ° ry wN u > -1 w (k �I W wwz -ci w E ° ° w ul ° > } p ? V lyOL1 � q OL o-i- 4 -4 = L...._._._._._._._ f l�od .� ttas J,cl1NEI 1NOcJH Exhibit C1 WHAT IS . . Dog Activity World Group a.k.a. D.A.W.G. is a new concept in Dog Daycare. OUR MISSION: Looking at the world through the eyes of a Dog. Providing a safe, sanitary, fun environment for these amazing selfless animals to experience immeasurable happiness and be entertained with numerous activities while providing them with complete mental, physical and emotional stimulation! Traditional Dog Daycares: Traditional Dog Daycare facilities primarily have a bunch of dog categorized by size and for the most part the dogs do nothing but stand around all day. Some of the fancier places have an outdoor pool with lounge chairs and the dogs get to splash around in 90 degree heat all day long. What a es us different? When you bring your dog to a D.A.W.G. facility, you can expect that your beloved pet will not stand around all day, in fact it is quite the opposite. We are unique in that we offer activities and exercise for Dogs all day! Did you know that over 50% of dogs are quite severely overweight? With the intense heat here in South Florida giving your animal enough exercise and not getting them worn down with the heat is quite a task! That is why we would like to have this 20,000 SF indoor air-conditioned facility to provide this service! Dogs benefit in a multitude of ways from exercise: • Strengthens Bones & Muscles • Improves Behavior • Slows Aging • Combats Obesity • Removes Toxins • Prevents Diseases • Promotes Weight Management • Supercharges Immune System • Enhances Senses • Boosts Brain Function JftEMZMff g � �1 � l I I�l�l rn'(��il yy1`I (�I�h��, �� Page 482 of 633 The goal of a business like mine, is to give dogs complete mental, physical and emotional stimulation every day! I will accomplish this through a large variety of fun activities and exercises, here are just a very few: • Ball Pits • Large Agility Balls • Brain Stimulating Games • Treadmills (For Dogs) • Bubble Machines • Splash Zones • Ball launchers • 170 ft Lure Run I will also offer these additional services on a daily service: • Valet Drop-Off& Pick-up • Training & Obedience Classes • Pet Massages (Sub-Let) • Photography Sessions • Small Birthday Paw-ties • Daycare & Boarding • Webcams • Real time text alerts & updates • Grooming (Sub-let) • Vet consulting services (Sub-let) Here is a description of each service I provide: Valet Drop-Off& Pick-up: Before anyone even enters we have set up a process to cater to the client by offering free valet service. Essentially the client will never have to step out of their vehicle if they chose not to. Everything can be signed electronically, with all our safety checks and security measures in place, we are able to collect their pets from their vehicles and at pick up go through the checkout process before they even arrive. At that time, we simply collect their dog and load it into the car for them. JftEMzMff g � �1 � l I I�l�l rn'(��il yy1`I (�I�h��, �� Page 483 of 633 Training & Obedience: For those Dogs that need a little more training we provide training in conjunction with daycare at an additional charge. It allows the client to receive a much more balanced and controllable pet while providing much needed socialization for the dog at the same time. This service is also offered at an additional charge for our clients. We will also have classes available for the client and pet to both come and learn from. Pet Massages (Sub-Let): Who would not want a nice relaxing cool down massage after a fun day of activities. I plan on having someone come in a couple of days a week just for this purpose and to spoil dogs. Also, the older dogs greatly benefit from it to with their hips and other symptoms. Photography Sessions: We believe in being the whole package! We will have a designated room set up with back drops and photo props dedicated for use as a photography studio. There is a huge demand for pet owners that want classic photos with their family and beloved dogs. We will make this service available to our clients. Small Birthday Paw-ties: We are planning on hosting small Birthday parties for dogs. Every dog who has a birthday will get a complimentary photo shoot with a couple of his best pals, small treats and goodies will be given, and the dogs will be celebrated. Webcams & Text: We will also have state of the art cameras monitoring every inch of the premises, our intent is that when your dog enters any sort of play area, you will be notified via text and will have the ability to log in and watch. The other advantage we offer will be the use of technology to keep clients informed about their pets just as we would like to be informed about our children. As such, when your dog gets fed, let J&EMZmff g � �1 � l I I�l�l rn'(��il yy1`I (�I�h��, �� Page 484 of 633 out, or given medication... it's a simple check mark on the tablet and you will receive notifications of what is going on in real time with your beloved animal. Grooming (Sub-let): We plan on having a full-service groomer sub-let the premises and the dogs that come to grooming will enjoy a free day of daycare while there. Vet consulting services (Sub-let): We will have a vet on call at all times but also will be on site at regular times throughout the week for consulting with client's pets and keeping up with any necessary vaccines etc... Local De Potential m Numbers supplied from City-Data.com 2016 Number of households in surrounding cities: Boca Raton 54,811 Boynton Beach 36,977 Delray Beach 33,945 Lake Worth 16,134 Wellington 24,840 West Palm Beach 54,172 TOTAL 220,879 Households 220,879 x 36.5% = 80,620 dog owning households in this area. 80,620 x 87.5% = 70,543 households above poverty level that can afford our services. (poverty level is 12.5%) 70,543 x 1.6 = 112,869 potential dogs in the surrounding cities that would likely use our services. (Approx. 1.6 dogs per household) J&EMZmff g � �1 � l I I�l�l rn'(��il yy1`I (�I�h��, �� Page 485 of 633 Another way to look at the numbers: Building location zip 33426: There are approx. 3,594 people per square mile. Multiply this by a 5-mile radius = 280,332 people 280,332 / 2.0 (average Individuals in households FL) = 140,166 Households 140,166 x 36.5% = 51,160 Households with Dogs 51,160 x 87.5% = 44,765 Households with Dogs above poverty level that could afford our services. 44,765 x 1.6% = 71,624 potential dogs that can use our services within a 5-mile radius. IMPORTANT BUSINESS INFORMATION: This business is strictly a service related business, there will be absolutely NO selling of animals of any kind! ! On the flip side, I do plan on hoping to team up with Peggy Adams, Big Dog Ranch Rescue, and various other adoption facilities to host adoption days for them to help get some of the many pets adopted across our counties and bring awareness to animal care and control, spaying and neutering etc. . . J&EMMUEff g � �1 � l I Ill�l rn'(��il yy1`I (�I�h��, �� Page 486 of 633 THE BUILDING LAYOUT The building is a blank canvas of 200' x 100'. The Interior of the building will for the most part be wide open space with allocated areas for an Activity Arena, Large and Small Dog Area and also a Long Dog run. There will be space allocated for a vet consulting office and groomer to sub-let. A training classroom, massage room, kitchen and Photo studio. The area that is already separated at the rear of the building will be fitted with Luxury kennels of various sizes and we will also have a laundry room back there. We will work with the sublet grooming and veterinarian consulting services, so their clients animals can have a partial day of daycare to eliminate their need for having to wait for the services to be finished. The Dog Areas in Green will be surrounded by white picket fences at a minimum of 5 — 6 ft height with secured entrances on all surroundings. The ceiling will have sound buffering acoustical tiles hanging that will not interfere with any of the sprinkler heads so to capture, eliminate any echoing of vibration sounds and reduce overall noise. Compared to a traditional dog daycare dogs will be considerably quieter because of the simple fact that they are being entertained and exercised all day long as opposed to standing around and doing nothing. The beauty of this building is that it is a former grocery store and has over 25 existing floor drains, this is great because we plan on installing a rubberized `Air Drain' system on the pitched concrete and then artificial turf on top of that. Everything in the facility will be set up so it can be washed down at the end of every day and sanitized. We plan on installing the best Hepa filtration system available for air circulation. J&EMZmff g � �1 � l I I�l�l rn'(��il yy1`I (�I�h��, �� Page 487 of 633 Exhibit CMZ 1510 SW 81" Street, Boynton Beach Conditional Use Application - Response 1. Ingress & Egress: There are 5 areas of ingress and egress to the building. One main entrance double door on the front west entrance. Two separate single doors on the south side of the building, one on the SE corner, the other closest to the SW corner of the south entrance, one loading dock overhead door on the east entrance and also a single door on the east entrance. In the event of an emergency, the dogs will be leashed and immediately taken outside the nearest exit door. All of these doors are operational and will remain operational at all times. 2. Off-street parking and loading areas: There is already an establish traffic pattern in process and that works wonderfully for our use. We do not plan on changing any of the current system. 3. Refuse and Service Areas: We will house any refuse and service items on the rear SE corner of the building and get these emptied semi-weekly at the minimum. 4. Utilities We plan to use all the existing utilities that are currently in place with the exception for the need for natural gas. We do not need natural gas. 5. Screening, Buffering and landscaping: We would like to erect a 6ft screened chain link fence with some sort of sound buffering and privacy screen on both sides surrounding the rear of the property (See Exhibit A) and loading dock area for a pet relief area. It would have a gate to the refuse area but would be secured at all times for the security of the dogs.There will be no more than 5- 7 pets taken out at a time for relief purposes only. Their excrement's will be immediately picked up and disposed of and the animals will be quickly taken back inside. This area will also have some sort of shading structure (large Umbrellas or awnings) and artificial turf for the animals, so they don't get hot. 6. Signs, and proposed exterior lighting: On the main front West elevation of the building we would like to erect a 73" x 138" 12 volt LED, flush mount plastic face, per code sign above the main entrance. This sign would not face traffic, so it should not be an issue. It should however add a decent amount of light to the existing parking lot and make it a brighter and safer place for all of those shopping at Home depot after our business hours are closed. On the main pylon we would like to install two 80" x 42" Digital print flax-face tenant panels, again according to city code. I have attached my trademark paperwork that is in process of being approved. 1 have attached the Sign documentation! 7. Required Setbacks: Not changing the property so this should be N/A. J&EMMEff � �,�� ilii, �,��I��I'i (, �h��, �� Page 488 of 633 8. General Compatibility with adjacent properties: I see a very good compatibility with the adjacent properties, I would like to offer them a deep discount to their employees if they want to bring their dogs to us during the day. They can feel free to stop over and check on them whenever they please and as a whole they should feel guilt free about leaving their pets for longs hours. The parking should never be a problem as I don't foresee us utilizing a great deal of parking spaces, so it should be conflict free. I also plan on offering, Military, law enforcement, government employees and elderly discounts as well. 9. N/A 10. 1 see this to be an extremely beneficial arrangement between all adjacent properties. Not only will the uniqueness of the business I am offering bring new people to the area, however Home depot and the surrounding businesses will also get to benefit from those customers as well. With so much talk in Boynton and the dog beach, this just adds so much more Dog Friendliness to the city of Boynton Beach. The plaza in itself is run down, the building has been vacant for years, yet it's a perfect spot for what I am trying to accomplish. Its centrally located, and easy for people to drop their dogs of on the morning commute or on the way to either airport. This facility in Boynton can really set things apart because nothing like this exists anywhere. I will be offering a minimum of 7 full time jobs to start and possibly up to 10-12. As far as the city is concerned, I see my service as very unique... the amount of people that have dogs in Boynton beach and our surrounding cities is astronomical. I certainly see many people coming from different cities to bring their dogs to experience something unique and fulfilling, as such they are likely to dine at the local establishments in the area too. Here is some data: Local Demographics — Potential Client Base: Numbers supplied from City-Data.com 2016 Number of households in surrounding cities: Boca Raton 54,811 Boynton Beach 36,977 Delray Beach 33,945 Lake Worth 16,134 Wellington 24,840 West Palm Beach 54,172 TOTAL 220,879 Households 220,879 x 36.5% = 80,620 dog owning households in this area. 80,620 x 87.5% = 70,543 households above poverty level that can afford our services. (poverty level is 12.5%) J&EMMEff � �,�� iiia, �,��I��1'i (, �h��, �� Page 489 of 633 70,543 x 1.6 = 112,869 potential dogs in the surrounding cities that would likely use our services. (Approx. 1.6 dogs per household) Another way to look at the numbers: Building location zip 33426: There are approx. 3,594 people per square mile. Multiply this by a 5-mile radius = 280,332 people 280,332 /2.0 (average Individuals in households FL) = 140,166 Households 140,166 x 36.5% = 51,160 Households with Dogs 51,160 x 87.5% = 44,765 Households with Dogs above poverty level that could afford our services. 44,765 x 1.6% = 71,624 potential dogs that can use our services within a 5-mile radius. Of course, these numbers for Boynton do not include all the new high-rise developments that will soon be built that are steps away from the building. I shall also be offering bulk discounts to those facilities to promote my services which is a win-win so small dogs are not cooped up all day long. **Did you know that annual spending on pets nationwide is estimated at$72 Billion this year, up from$67 Billion in 201611 11. N/A- Not changing to mixed use 12. Compliance with and abatement of nuisances and hazards: Noise... I will be buffering noise with acoustical sound panels hanging from the ceiling (not interfering with the sprinklers) My facility is an activity world where the dogs are consumer with a variety of fun events and non-stop activities. They shouldn't be making noise, they should be having fun keeping busy! Odor... As soon as an animal relieves itself outside it will be picked up by staff and properly disposed of. Animals will be outside in no larger groups of max 5-7 dogs for no more than 5 min at a time and always supervised. 13. Sound Study: N/A. Not a bar or nightclub J&EZ=ff � �,�� iiia, �,��I��'i (, �h��, �� Page 490 of 633 J&EMMEff Page 491 of 633 J&EMMEff Page 492 of 633 EXHIBIT "D" Conditions of Approval Project Name: Dog Activity World Group File number: COUS 18-002 Reference: 2nd review plans identified as a Conditional Use with an April 17, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. At time of permit submittal, please indicate if there are any utility X lines within the area proposed to be fenced at the rear of the building. FIRE Comments: None, all previous comments addressed at DART meeting. POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: 2. At time of permit submittal, please add a general note to the site plan that all plans submitted for permitting shall meet the City's codes and X the applicable building codes in effect at the time of permit application. 3. At time of permit submittal, please provide signed and sealed X working drawings of the proposed construction. 4. At time of permit submittal, please provide additional information on the fire protection systems. X 5. At time of permit submittal, please provide plans denoting plumbing X fixtures calculations, accessible toilet facilities, and drinking fountains. 6. MEP plans along with shop drawings will be required at time of X permit application submittal. 7. At time of permit submittal, please provide a revised Life Safety plan. X Page 493 of 633 Dog Activity World Group (COUS 18-002) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 8. Any proposed signage shall comply with the adopted sign program for the Shoppes of Woolbright master signage plan. X 9. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- X 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 10. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must X 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: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Dog Activity World Group\COUS18-002\COA post P&D.doc Page 494 of 633 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dog Activity World Group D.A.W.G. (COUS 18-002) APPLICANT: Hannah Wickins APPLICANT'S ADDRESS: 1510 SW 8th Street, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 19, 2018 APPROVAL SOUGHT: Conditional Use approval for a Pet Care (Boarding and Daycare) facility in an existing 20,000 square foot tenant space, located in Shoppes of Woolbright at the northeast corner of Woolbright Road and SW 8th Street, within the PCD (Planned Commercial Development) zoning district. LOCATION OF PROPERTY: 1510 SW 8th Street 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\Dog Activity World Group\COUS 18-002\DO.doc Page 495 of 633 8.D. PUBLIC HEARING 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-013 - FIRST READING -Approve Zoning Use Amendments (CDRV 18-003)Amending the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, offices for civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. City initiated. EXPLANATION OF REQUEST: Staff proposes a small group of amendments to the Terms and Definitions, the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations (LDR) to promote business growth in the City. Whether realized over the past several years, or just recently, changes are deemed warranted to the use regulations as discovered through public inquiries or from staffs independent findings. The various amendments to the LDRs would establish zoning provisions for, and/or eliminate barriers to: 1) The sale of outdoor recreation merchandise including camping equipment, RV's and Boats; 2) Offices for civic and fraternal organizations; 3) Contractors offices; 4) Crematorium services; 5) District energy plants and other utility infrastructure intended to serve a specific area of the City such as a single project or multiple developments; 6) The rental of moving vehicles and equipment; 7) Diet and nutrition services; and 8) The sale of motor vehicles that are manufactured, assembled, or customized on-site as an accessory use. See the accompanying staff report for further descriptions of the proposed amendments. The Planning & Development Board reviewed this item on May 22nd and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: New businesses and business expansions contribute to the City's operational fees, and indirectly benefit the City from the additional local commerce and employment opportunities. Page 496 of 633 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 Ordinance Ordinance approving Changes to Land Development Regulations D Exhibit EXhibit"A" to the Ordinance D Staff Report Staff Report D Amendment Exhibit A® Proposed Amendments® Text D Amendment Exhibit B ® Proposed Amendments® Zoning Matrix D Attachment Exhibit C ® Excerpt from Matrix Notes® reference only Page 497 of 633 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE 11,"DEFINITIONS"; AMENDING CHAPTER 3,ARTICLE IV, 6 SECTION 3.D, TABLE 3-28, USE MATRIX AND NOTES #44 AND #45; 7 AMENDING CHAPTER 3, ARTICLE V. SECTION 5 AND SECTION 8, 8 TO INCREASE PROVISIONS FOR CONTRACTORS OFFICES, 9 OFFICES FOR CIVIC/FRATERNAL ORGANIZATIONS, THE SALE OF 10 RECREATIONAL BOATS AND VEHICLES, DIET AND NUTRITION 11 COUNSELING SERVICES, CREMATION SERVICES, TRUCK 12 RENTAL, AND THE SALES OF MOTOR VEHICLES 13 MANUFACTURED OR ASSEMBLED ON-SITE; PROVIDING FOR 14 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE 15 DATE. 16 17 WHEREAS, staff proposes a small group of amendments to the Terms and Definitions, 18 the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations to 19 promote business growth in the City; and 20 WHEREAS, changes are deemed warranted to the use regulations as discovered through 21 public inquiries or from staff s independent findings; and 22 WHEREAS, staff is recommending approval of the proposed amendments as they are 23 intended to increase provisions for contractors offices, offices for civic/fraternal organizations, 24 the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation 25 services, truck rental, and the sales of motor vehicles manufactured or assembled on-site; and 26 WHEREAS, the City Commission has considered the recommendations and has 27 determined and finds that it is in the best interest of the citizens and residents of the City of 28 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 29 contained herein. 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: - 1- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 498 of 633 32 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 33 confirmed by the City Commission. 34 Section 2. Chapter 1, Article 11, Definitions of the Land Development Regulations of 35 the City of Boynton Beach Code of Ordinances is hereby amended as follows: 36 Chapter 1, Article 11, Definitions. 37 38 ... 39 40 ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments primarily 41 engaged in the retail sale (including accessory repair service) of one or more of the following: 1) art for retail sale 42 in art galleries;2)new books or magazines;3)craft and hobby items,including sewing machines and supplies,new 43 fabrics,patterns,yarns,needlework and the like;4)new compact and digital video disks, musical instruments, and 44 sheet music;5)sporting goods and supplies,including scuba equipment,bicycles,mopeds,and motor scooters(with 45 engines not exceeding 150 cubic centimeters);, camping equipment, boats, trailers and recreational vehicles: or 6) 46 toys. Any motorized moped or scooter with an engine in excess of 150 cubic centimeters is classified as a 47 "motorcycle" and regulated as a NEW or USED 48 49 "CIVIC&FRATERNAL CLUB/ORGANIZATION"-A registered association of persons for the promotion of 50 some non-profit common objective, involving literature, science, politics, or community service, which meets 51 periodically and is limited to members and guests. This use and/or establishment is primarilyprised of the office 52 function of the organization supporting administrative and business affairs,document storage and maintenance,and 53 meeting facilities for members and guests. 54 55 CONTRACTOR- A contractor undertakes trades of a type that are specialized to assist in building construction 56 and remodeling. This definition includes but is not limited to heating, air conditioning,plumbing,roofing,paving, 57 underground,and landscaping. This establishment is limited to the office and administrative function of a Contractor. 58 This would exclude the storing and operating of equipment and special purpose vehicles and/or trailers typically 59 used in providing services by the contractor, and not commonly used for general transportation purposes on a da- 60 to-day basis by employees. Such storage and operation is allowed at a Contractor's Workshop (See "Contractor's 61 Workshop"). 62 63 CONTRACTOR'S WORKSHOP— The functions of a Contractor establishment An enelesed spaeo tised f^r 64 including the housing and/or operating of machinery, the provision of services, the fabrication of building-related 65 products, and interior storage. This may also include the administrative function of a Contractor. 66 67 CREMATORIUM — An establishment containing properly installed, certified apparatus used in the act of 68 cremation. 69 70 ESSENTIAL SERVICES AND INFRASTRUCTURE - Services and infrastructure provided by governmental 71 entity or public/private utility, such as underground, surface, or overhead electrical, gas, steam, water, sanitary 72 sewage, and stormwater drainage structures, which are necessary for the health, safety, and general welfare of the 73 public. This includes but is not necessarily limited to infrastructure and facilities intended to support a limited 74 service area of the City such as lift stations,district energyplants,and power substations. This use excludes wireless 75 communication facilities(WCF)as defined in the Land Development Regulations Chapter 3,Article V, Section 13. 76 77 FUNERAL HOME -An establishment engaged in preparing the dead(including pets)for burial or interment and 78 conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and 79 related merchandise). This would include a crematorium as an allowable accessory use. 80 -2- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 499 of 633 81 PACKING & SHIPPING, TRUCKING, AND MOVING- An establishment primarily engaged in packing, 82 crating, and otherwise preparing goods for transportation. These establishments provide over-the-road 83 transportation of cargo using motor vehicles, such as trucks and tractor-trailers. Accessory to this use includes the 84 rental of moving trucks,trailers and related equipment and accessories. 85 86 STORAGE,SELF-SERVICE -An establishment engaged in the storage of personal property in facilities where 87 individual owners control individual storage bays. This use includes both limited-access and multi-access 88 facilities. Accessory to this use includes the retail sale of merchandise related to the packing, shipping/storing, and 89 moving of personal items, as well as the rental of moving vehicles,trailers and related accessories. 90 91 ... 92 Section 3. Chapter 3, Article IV, Section 3.13, Table 3-28 Use Matrix and Footnote 93 #44 and 45 of the Land Development Regulations of the City of Boynton Beach Code of 94 Ordinances is hereby amended as reflected in Exhibit"A" and as follows: 95 Chapter 3, Article IV, Sec. 3, Notes 96 97 Matrix Footnotes No. 44 and No. 45: 98 99 44. Auto Dealer, (New& Used). 100 a. C-4 district. Allowed only as a conditional use accessory to the repair or customizing of 101 motor vehicles. No outdoor storage of vehicles, for sale shall be permitted. 102 b. MU-L3 district and MU-H district. 103 (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) 104 square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use 105 approval shall be required if all or a portion of the inventory is located within a parking 106 garage/structure. 107 (2) Access. Shall not be directly from any major roadway. 108 (3) Storage. No outside storage of materials, parts, and vehicles. 109 (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not 110 be visible from any major roadway frontage. 111 (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- 112 site. 113 c. M-1 district. Allowed only as a conditional use accessory to the repair, manufacturing, 114 assembling or customizing of motor vehicles. No outdoor storage of vehicles for sale shall be 115 permitted. 116 d. PID district. This non-industrial use is allowed within the PID district as a conditional 117 use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use 118 option or Industrial/R(with retail sales) option. Vehicle inventories must be stored/displayed 119 indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from 120 the requirements relative to conditional use approval, outdoor storage or display of vehicle 121 inventories, and locating on lots with the"I" and "I/Retail" use options. 122 123 45. Boat Dealer/Rental. -3- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 500 of 633 124 a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of 125 vessels on the premises. No outdoor storage of boats shall be permitted. 126 b. C-4 District. Conditional use approval shall be required if merchandise is to be stored 127 outdoors. Outdoor storage areas shall be adequately screened from abutting properties and 128 rights-of-way, with the exception that a single merchandise item may be visible from abutting 129 rights-of-way. The display must be in combination with project signage, and the setback, 130 landscaping and design of this site feature shall minimize the visual impact on the adjacent 131 roadway. If any vehicle use areas are not separated by an intervening building and visible from 132 an arterial roadway, right-of-way landscaping shall be in accordance with the City's Urban 133 Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and 134 enhanced with additional plants selected and maintenance to facilitate, varying growth heights 135 to provide some screening of the space between the hedge material and tree canopies. The 136 landscaping required to represent"adequate" screening, as well as the appropriate design of the 137 merchandise display feature and right-of-way landscaping shall be determined as part of the 138 conditional use review process. 139 c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of 140 vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be 141 stored/displayed indoors. 142 d. MU-4 District and MU-H District. Boat dealer/rental is allowed as an accessory use to 143 a marina but conditional use approval is required. No exterior loudspeakers or paging 144 equipment shall be permitted on-site. Storage/display allowed only in wet docks or indoor not 145 to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of 146 marine trailers are prohibited. 147 e. M-1 District. Allowed only as a conditional use accessory to the repair, manufacturing, 148 assembling or customizing of boats. Outdoor storage areas shall be adequately screened from 149 abutting properties and rights-of-way. 150 f PID District. Required conditional use approval. Also, within the Quantum Park PID 151 such uses are limited to lots with an Industrial (I)use option or Industrial/R(with retail sales) 152 option. Inventories must be stored/displayed indoors. 153 154 Section 4. Chapter 3, Article V, Sections 5 and 8 of the Land Development 155 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: 156 Sec. 5. Exterior Display of Merchandise. 157 A. Districts. The temporary exterior display of retail merchandise is allowed in all 158 commercial and mixed use zoning districts. 159 B. Type of Merchandise. The temporary exterior display of retail merchandise is allowed, 160 provided that said merchandise is sold by the operator of the respective business occupying the 161 establishment, and is of the same type of merchandise typically sold within the building. 162 C. On-Site Location. The temporary exterior display of retail merchandise shall be 163 completely contained within the boundaries of the subj ect property or leased parcel. Retail 164 merchandise shall be displayed on hard surfaces only and if placed within walkways, shall not 165 obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route 166 requirements. Merchandise shall not be placed within easements, landscaped areas, required 167 off-street parking and vehicular use areas, rooftops, or anywhere that would create a hazard to -4- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 501 of 633 168 the public. Any property owner desiring to display merchandise within off-street parking areas 169 would need to obtain a special sales event permit in accordance with Section 6 below. 170 D. Hours ofDisplay. Retail merchandise shall be secured and stored inside a principal or 171 accessory building at the close of business hours, unless said merchandise is placed on-site 172 more than three hundred (300)feet from any arterial or collector street right-of-way and 173 complies with the location criteria of paragraph C. above or approved as part of a special sales 174 event, as described in Section 6 below. If abutting a local street, landscape buffering must meet 175 or exceed the minimum standards of Chapter 4, Article II to minimize any visual impacts upon 176 abutting right-of-way or nearby properties. In these instances, merchandise may remain 177 outdoors after business hours, contingent upon review and approval through the site plan 178 modification process. 179 E. Miscellaneous. 180 1. Live Plants. The exterior display of live plants in connection with a nursery, garden 181 center, and farm supply establishment is exempt from the three hundred (300)-foot distance 182 requirement of paragraph D. above and may remain outdoors after normal business hours 183 provided that its placement complies with the location criteria of paragraph C. above. 184 2. Seasonal Sales Event. See Section 7 below for additional regulation regarding the 185 seasonal sales event and the temporary exterior display of Christmas trees, pumpkins, and 186 fireworks. 187 3. Permanent Exterior Storage of Merchandise and Equipment. See Section 8 below for 188 the permanent exterior storage of retail merchandise or equipment. 189 190 . . . 191 192 Sec. 8. Permanent Exterior Storage of Merchandise and Equipment. 193 A. Purpose and Intent. The purpose and intent of these Regulations is to establish minimum 194 requirements for the permanent exterior storage of retail merchandise or equipment, in order to 195 discourage the exterior placement of said merchandise or equipment in an unsightly, 196 distracting, cluttered, or hazardous manner. These Regulations shall not supersede, but rather 197 supplement any specific regulations pertaining to the exterior storage of merchandise or 198 equipment as a principal use. 199 B. Districts. The permanent exterior storage of retail merchandise or equipment is allowed 200 in the C-3, C-4, PCD, PID, and M-1 zoning districts. 201 C. Site Plan Required. The area allocated for the permanent exterior storage of retail 202 merchandise or equipment shall be shown on the site plan in accordance with Chapter 2, Article 203 11, Section 2.17. 204 D. Type of Merchandise/Equipment. The permanent exterior storage of retail merchandise 205 or equipment is allowed, provided that said merchandise/equipment is owned by the operator of 206 the respective business occupying the establishment, and is of the same type of merchandise or 207 equipment typically sold or stored within the principal building. No exterior storage of 208 building or construction materials shall be allowed anywhere, except for that which is stored in 209 connection with a lawfully operating business (e.g., CONTRACTOR) as provided for 210 in Chapter 3, Article IV, Section 3. 211 E. On-Site Location. Storage areas shall be completely contained within the boundaries of 212 the subject property or leased parcel. 5- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 502 of 633 213 The permanent exterior storage areas shall be placed behind the front or side corner building 214 setbacks line where located in the C-3, C-4, and PID districts. This restriction shall also apply 215 to properties located along arterial or collector roadways when located in the M-1 districts. 216 1. Required Surface. In the C-3 and PID districts, the permanent exterior storage of retail 217 merchandise or equipment shall be placed on improved and hard surfaces only, including 218 vehicular use areas and excess off-street parking spaces. 219 2. Prohibitions. If placed within walkways, the permanent exterior storage areas shall not 220 obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route 221 requirements. In addition, storage areas shall not: 222 a. Be placed within required off-street parking spaces; 223 b. Obstruct or impede vehicular movement; 224 c. Cause noncompliance with any of the off-street parking or vehicular use area 225 standards of Chapter 4; or 226 d. Abridge any easement rights without approval from the affected utility company or 227 the city and shall not be located within landscaped areas, rooftops, or otherwise create a hazard 228 to the public. 229 F. Size. The area allocated to the permanent exterior storage of retail merchandise or 230 equipment shall be restricted in size where properties are located within the following districts: 231 1. C-3 District. The size of the permanent outdoor storage area shall be limited to one 232 percent(1%) of the gross floor area of the principal building(s)/leased space. 233 An additional one percent(1%) of storage area(based upon the gross floor area of the leased 234 space/principal building(s) may be granted, subject to the approval of an administrative 235 adjustment. See Chapter 2, Article II, Section 4.A. for the administrative adjustment process. 236 2. PCD District and PID District. The size of the permanent outdoor storage area shall be 237 limited to fifteen percent(15%) of the gross floor area of the principal building(s)/leased space. 238 G. Additional Screening. 1H the G-3 G^ and ND this*-iets To further address potential 239 aesthetic impacts, where determined necessary due to type of merchandise or magnitude of off- 240 site visibility, the Planning & Zoning Director may require additional screening/buffering. t4+e 241 area alleeated for-the per-maneat e�Ete )f fner-ehandise or-equipmeat shall be- 242 This est et 243 shall alse apply to pr-apei4ies Weated alang ai4er-ial E)r-ealleeter-r-eadways within the N4-4 244 245 246 247 A landscape barrier(in accordance with Chapter 4, Article II, Section 3.13. and Section 3.C.) 248 may be required i all insta where the outdoor storage area abuts an incompatible land use, 249 or zoning district, and/^r right of way. 250 251 Section 5. Each and every other provision of the Land Development Regulations not 252 herein specifically amended, shall remain in full force and effect as originally adopted. 253 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict 254 with any provisions of this ordinance are hereby repealed. -6- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 503 of 633 255 Section 7. Should any section or provision of this Ordinance or any portion thereof 256 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 257 remainder of this Ordinance. 258 Section 8. Authority is hereby given to codify this Ordinance. The City Clerk is 259 directed to work with the Land Development Regulations publisher to consolidate this ordinance 260 and the exhibit for publication. 261 Section 9. This Ordinance shall become effective immediately. 262 FIRST READING this day of , 2017. 263 SECOND, FINAL READING AND PASSAGE this day of , 2017. 264 265 CITY OF BOYNTON BEACH, FLORIDA 266 267 YES NO 268 269 Mayor— Steven B. Grant 270 271 Vice Mayor— Christina L. Romelus 272 273 Commissioner—Mack McCray 274 275 Commissioner—Justin Katz 276 277 Commissioner—Joe Casello 278 279 280 VOTE 281 282 ATTEST: 283 284 285 286 Judith A. Pyle, CMC 287 City Clerk 288 289 290 291 (Corporate Seal) 292 -7- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 504 of 633 293 -8- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\069710FA-D535-4449-B70C-39AD985EF5E9\Boynton Beach.10937.LLDR Amendments_(2018)_-_Ordinance.docx Page 505 Of 633 U o 0 0 0 0 rx a�O dm d� dm dm 0 0 0 0 0 a a m d m d m d m d m a N� N� C X LU v O � � O Um a �om a �om a a z o p a a a a U U U U U U a a d z o a co aco o � o LO a � z a x Q a m m m x Y ma a a a U g U g c C a d H Y Q d V ° �, v o° 0 0 N N d M d 0 0 N N d M d a m x LU LU a � a � a � a � a � � d2 U z z 0 a a a a a a a a a v a a a m r) co a „ '^ o W= o Y LD c� a � a a co a a T� C v a m x a a a a a a LU LU a a a � a � � 2 � U z z a s a a a a a a a a a a a a a a a a a a co co o 0 0 0 0 o 0 0 0 0 0 0 0 o w 0 o LD c� a a a a ago a ate, T @ d O O O'T'C v ro 0-0 V] u N N N d iv d iv d iv 0 0 0 N N N m x LU LU z z o 0 0 0 a a a s a a a a a a a a a a a a a a a a a co a co o W' o LD (6 a . d a �v co co co co co co co a d a a d a U U a a a a o a a a m o a a o a a a a a o a a U a a x LU U a `O G z Q U a a a z o a a U a a U a a a a U U U U U a a a a a m a a a U a a a a a a U a a m a U a a a U a a m a a a (co o U d U a U a a a a a m a a a O LD c� U a a a o 3 3 mon ro ro �a o ocn oq T pzi zi I o ro 0 N d 0 N d a m X LU LU U Z a z a U a s a s a a a a a s a s a o a U a a a a a a a a a a s a a co w x � w � � O co a co a . co a co co co co co o o� � d o saw 10 a W aLl a ave a a° rx> �aC7 o o F FU >rx 0. 0.O U o � N d 0.. 0.. d 0.. a m x LU ua � a � a � a2 a2 a2 a2 a2 a � z a a a a a a a s a a z o 0 a a a a a a s a a a a a a s a a s a a �oo a a a a a a a a a a a o a H a w a a a a a a a a a a a a U a (co a � w LO a) a (6 W � lo" F C4 d co a co � co co U b .� ❑C U 'tiC � o v � v v '� v 0. o � p a� O N N 0.. 0..W 0.. 0.. 0.. a N N N m N = N� x LU LU z z n a.. CD o �N .. N N o co LO N � � a) 0) a � a a a a � U a U m a x23 �F U �� low �5 a a a a a m z x LU U a U a a U Z a s U a U z co O G O co z ?« o U R LD R G R r W 0.. W 0.. r � W r W U U U W U r W U to U to U W U U W U O 'jro O 'jro O O C a � a as a a a a a a a a aaaaa� aa a m x LU LU U ¢ ° z a z o � d 0 d � d 9 R H U O U O R co co O .a s O LD � o � Q 7 Ln za N A � en R s ro p ro o o °o J o o a m o x LU LU U z a z 0 0 a a a a a a a a a a a a a a co a a 0 o a� LD c� a IZ a F— v o v m_ X w U a � z aa � z o 0 a � a a a a a a a co a a a a r- LD Or c� a a � a a � a 0 o a o b o a � b a � k O D\ C 0.. � ro O O 3 0 T ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-035 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 18, 2016 RE: Approve Zoning Use Amendments (CDRV 18-003) Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase provisions for contractors offices, civic/fraternal organizations, the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation services, truck rental, and the sales of motor vehicles manufactured or assembled on-site. EXPLANATION & PROPOSED AMENDMENTS Staff proposes a small group of amendments to the Terms and Definitions, the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations (LDR) intended to promote business growth in the City. Whether realized over the past several years, or just recently, changes are deemed warranted to the use regulations as discovered through public inquiries or from staffs independent findings. The proposed amendments are relatively simple and therefore have not involved significant analysis and documentation. These proposed amendments are described briefly below and within the marked-up excerpts from the LDR as provided in Exhibits "A" and"B": • Camping equipment, RVs and Boats — Staff proposes amendments to a definition for a use, and to the restrictions on the exterior storage of merchandise to accommodate the retailing of outdoor recreational merchandise. The zoning use labeled "Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store" is defined to include businesses that retail a host of products ranging from art supplies to toys. As part of the sporting goods group in the definition, staff proposes to include camping equipment, boats, trailers and recreational vehicles to clarify the range of goods allowed. Staff also proposes that the regulations on the permanent outdoor storage or display of merchandise be amended to accommodate such oversized items on-site without negatively affecting the site or abutting properties. • "CIVIC & FRATERNAL CLUB/ORGANIZATION" — This principally office use was possibly inadvertently excluded from the Planned Industrial Development District (PID) - 1 - Page 518 of 633 when previously identifying and amending the LDR regarding non-industrial uses within the City's industrial areas, namely the planned industrial parks or PIDs. Unlike the other PIDs in the City, the Quantum Park PID master plan contains parcels solely designated for office uses. Staff proposes that the Zoning Use Matrix be amended to add this use back to the PID District, for those parcels designated for such offices use, consistent with the regulating of other business offices. • "CONTRACTORS" The City's Zoning Regulations include definitions for "Contractor" and "Contractor's Workshop". While "Contractor's Shops" are defined to describe the different light industrial processes that a contractor would typically operate, including storage of materials and vehicles, the definition for "Contractor" only includes the different trades that make up the "Contractor" category but not the performance characteristics of the business operation. Staff on occasion has administratively interpreted this use to mean the business office for the Contractor; however, the Zoning Matrix does not allow the "Contractor" use within the C-1 (Office Professional) Zoning District. Staff proposes to separate the term/definition for "Contractor" into two separate terms/definitions to clarify and differentiate accordingly. The Zoning Matrix would also be amended to recognize the contractor's office use (under the "Office and Healthcare" Category), to be allowed in the office and commercial districts, as well as in the PID district. • Crematorium — The City's current Zoning Regulations only permits this aspect of funeral home services if accessory to a Funeral Home or Cemetery. Staff has received inquiries and requests for "stand alone" crematorium services, including for pets. The proposed amendments would add a term/definition for a "Crematorium", and provisions within the Zoning Matrix to accommodate said uses in the City's two industrial districts, M-1 and PID, Planned Industrial Development District. Related to past inquiries, staff also proposes the minor amendment to the definition for Funeral Home to include crematorium services for pets. • "ESSENTIAL SERVICES AND INFRASTRUCTURE" The current definition for this term is proposed to be expanded to include infrastructure that has a purpose of supporting a specific (rather limited) geographic area of the City such as a single project or multiple developments. This amendment would support, in part, the use of district energy plants (DEP) within the City including the planned facility at the Town Square project. Currently, such infrastructure would be defined along with the large, city-wide utility plants titled "Government, Municipal Utility/Support Facility", and would therefore be limited to the City's Public Usage zoning district. Given the purpose and size of a DEP, it is important and appropriate to allow such facilities within various zoning districts, in addition to the Public Usage zoning district. As indicated in the following excerpt from the Land Development Regulations (Chapter 3, Article IV, Section 3.13.9), "Essential Services and Infrastructure" are allowed in all zoning districts: "9. Essential Services and Infrastructure. Essential services and infrastructure as defined in Chapter 1, Article II are allowed in all zoning districts, contingent upon meeting all city codes and regulations. Additional regulations and standards, such as -2 - Page 519 of 633 landscaping or other types of screening, may apply on a case-by-case basis as determined by the Director of Planning and Zoning. " • Rental of moving vehicles and equipment - In response to past inquiries about locations where moving trucks and related equipment can be rented, staff proposes to amend the definitions for `Packing & Shipping, Trucking and Moving", and "Storage, Self- Service" to allow the rental of said vehicles and equipment as accessory to these principal businesses. For user-friendliness, the Zoning Matrix would also be amended to include this accessory use. • "DIET AND NUTRITION CENTER" — This use is organized in the Zoning Matrix under the "Office and Healthcare" group, but is the only use in that group that is not allowed within the C-1, Office Professional zoning district. Staff proposes to amend the Matrix to allow this use within the C-1 district similar to how the matrix regulates doctors offices, counselors, real estate offices, banks and financial offices and general business and professional offices. • Sale of motor vehicles manufactured, assembled or customized on site — Although not common throughout the City, there are businesses that engage in the assembly and customizing of motor vehicles (including motorcycles). To support such business enterprises, staff proposes the simple amendments to the Zoning Matrix Notes to increase the sales provisions if accessory to the principal use including the manufacturing, assembling or customizing of motor vehicles. The regulations still prohibit the outdoor display of merchandise, for parking capacity and aesthetic reasons. However, most sales by such businesses are conducted using trade publications and the internet. CONCLUSION/RECOMMENDATION Staff proposed the subject amendments to the LDR to support business retention, attraction and expansion. Attachments S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 18-003 Matrix&Notes Updates\StaffReport.doc -3 - Page 520 of 633 EXHIBIT "A" PROPOSED AMENDMENTS CODE OF ORDINANCES PART III. LDR, CH. 1,ART. IL DEFINITIONS: ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments primarily engaged in the retail sale (including accessory repair service) of one or more of the following: 1) art for retail sale in art galleries; 2) new books or magazines; 3) craft and hobby items, including sewing machines and supplies, new fabrics, patterns, yarns, needlework and the like; 4) new compact and digital video disks, musical instruments, and sheet music; 5) sporting goods and supplies, including scuba equipment, bicycles, mopeds, and motor scooters (with engines not exceeding 150 cubic centimeters);, camping equipment, boats, trailers and recreational vehicles, or 6)toys. Any motorized moped or scooter with an engine in excess of 150 cubic centimeters is classified as a "motorcycle" and regulated as a NEW or USED "CIVIC & FRATERNAL CLUB/ORGANIZATION" -A registered association of persons for the promotion of some non-profit common objective, involving literature, science, politics, or community service, which meets periodically and is limited to members and guests. This use and/or establishment is primarily comprised of the office function of the organization supporting administrative and business affairs, document storage and maintenance, and meeting facilities for members and guests. CONTRACTOR- A contractor undertakes trades of a type that are specialized to assist in building construction and remodeling. This definition includes but is not limited to heating, air conditioning, plumbing, roofing, paving, underground, and landscaping. This establishment is limited to the office and administrative function of a Contractor. This would exclude the storing and operating of equipment and special purpose vehicles and/or trailers typically used in providing services by the contractor, and not commonly used for general transportation purposes on a day- to-day basis by employees. Such storage and operation is allowed at a Contractor's Workshop (See "Contractor's Workshop"). CONTRACTOR'S WORKSHOP— The functions of a Contractor establishment ed including the housing and/or operating of machinery, the provision of services, the fabrication of building-related products, and interior storage. This may also include the administrative function of a Contractor. CREMATORIUM— An establishment containing properly installed, certified apparatus used in the act of cremation. ESSENTIAL SERVICES AND INFRASTRUCTURE - Services and infrastructure provided by governmental entity or public/private utility, such as underground, surface, or overhead electrical, gas, steam, water, sanitary sewage, and stormwater drainage structures, which are necessary for the health, safety, and general welfare of the public. This includes but is not necessarily limited to infrastructure and facilities intended to support a limited service area of the City such as lift stations, district energy plants, and power substations. This use excludes wireless Page 521 of 633 communication facilities (WCF) as defined in the Land Development Regulations Chapter 3, Article V, Section 13. FUNERAL HOME - An establishment engaged in preparing the dead (including pets)for burial or interment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise). This would include a crematorium as an allowable accessory use. PACKING& SHIPPING,TRUCKING,AND MOVING -An establishment primarily engaged in packing, crating, and otherwise preparing goods for transportation. These establishments provide over-the-road transportation of cargo using motor vehicles, such as trucks and tractor- trailers. Accessory to this use includes the rental of moving trucks, trailers and related equipment and accessories. STORAGE, SELF-SERVICE -An establishment engaged in the storage of personal property in facilities where individual owners control individual storage bays. This use includes both limited- access and multi-access facilities. Accessory to this use includes the retail sale of merchandise related to the packing, shipping/storing, and moving of personal items, as well as the rental of moving vehicles, trailers and related accessories. CODE OF ORDINANCES PART III. LDR, CH. 3,ART. IV., SECTS. 3.D: Matrix Footnotes No. 44 and No. 45: 44. Auto Dealer, (New& Used). a. C-4 district. Allowed only as a conditional use accessory to the repair or customizing of motor vehicles. No outdoor storage of vehicles, for sale shall be permitted. b. MU-L3 district and MU-H district. (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (2) Access. Shall not be directly from any major roadway. (3) Storage. No outside storage of materials, parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article HI, Section 3.A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site. c. M-1 district. Allowed only as a conditional use accessory to the repair, manufacturing, assembling or customizing of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. d. PID district. This non-industrial use is allowed within the PID district as a conditional use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R(with retail sales) option. Vehicle inventories must be stored/displayed indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the Page 522 of 633 requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the"I" and "I/Retail" use options. 45. Boat Dealer/Rental. a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. b. C-4 District. Conditional use approval shall be required if merchandise is to be stored outdoors. Outdoor storage areas shall be adequately screened from abutting properties and rights- of-way, with the exception that a single merchandise item may be visible from abutting rights-of- way. The display must be in combination with project signage, and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadway, right-of-way landscaping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate, varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent"adequate" screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping shall be determined as part of the conditional use review process. c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors. d. MU-4 District and MU-H District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. e. M-1 District. Allowed only as a conditional use accessory to the repair, manufacturing, assembling or customizing of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way. f PID District. Required conditional use approval. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R(with retail sales) option. Inventories must be stored/displayed indoors. CODE OF ORDINANCES PART III. LDR, CH. 3,ART. V., SECTS. 5 & 8: Sec. 5. Exterior Display of Merchandise. A. Districts. The temporary exterior display of retail merchandise is allowed in all commercial and mixed use zoning districts. B. Type of Merchandise. The temporary exterior display of retail merchandise is allowed, provided that said merchandise is sold by the operator of the respective business occupying the establishment, and is of the same type of merchandise typically sold within the building. C. On-Site Location. The temporary exterior display of retail merchandise shall be completely contained within the boundaries of the subj ect property or leased parcel. Retail merchandise shall be displayed on hard surfaces only and if placed within walkways, shall not Page 523 of 633 obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route requirements. Merchandise shall not be placed within easements, landscaped areas, required off- street parking and vehicular use areas, rooftops, or anywhere that would create a hazard to the public. Any property owner desiring to display merchandise within off-street parking areas would need to obtain a special sales event permit in accordance with Section 6 below. D. Hours ofDisplay. Retail merchandise shall be secured and stored inside a principal or accessory building at the close of business hours, unless said merchandise is placed on-site more than three hundred (300)feet from any arterial or collector street right-of-way and complies with the location criteria of paragraph C. above or approved as part of a special sales event, as described in Section 6 below. If abutting a local street, landscape buffering must meet or exceed the minimum standards of Chapter 4, Article 11 to minimize any visual impacts upon abutting right-of-way or nearby properties. In these instances, merchandise may remain outdoors after business hours, contingent upon review and approval through the site plan modification process. E. Miscellaneous. 1. Live Plants. The exterior display of live plants in connection with a nursery, garden center, and farm supply establishment is exempt from the three hundred (300)-foot distance requirement of paragraph D. above and may remain outdoors after normal business hours provided that its placement complies with the location criteria of paragraph C. above. 2. Seasonal Sales Event. See Section 7 below for additional regulation regarding the seasonal sales event and the temporary exterior display of Christmas trees, pumpkins, and fireworks. 3. Permanent Exterior Storage of Merchandise and Equipment. See Section 8 below for the permanent exterior storage of retail merchandise or equipment. Sec. 8. Permanent Exterior Storage of Merchandise and Equipment. A. Purpose and Intent. The purpose and intent of these Regulations is to establish minimum requirements for the permanent exterior storage of retail merchandise or equipment, in order to discourage the exterior placement of said merchandise or equipment in an unsightly, distracting, cluttered, or hazardous manner. These Regulations shall not supersede, but rather supplement any specific regulations pertaining to the exterior storage of merchandise or equipment as a principal use. B. Districts. The permanent exterior storage of retail merchandise or equipment is allowed in the C-3, C-4, PCD, PID, and M-1 zoning districts. C. Site Plan Required. The area allocated for the permanent exterior storage of retail merchandise or equipment shall be shown on the site plan in accordance with Chapter 2, Article 11, Section 2.17. D. Type of Merchandise/Equipment. The permanent exterior storage of retail merchandise or equipment is allowed, provided that said merchandise/equipment is owned by the operator of the respective business occupying the establishment, and is of the same type of merchandise or equipment typically sold or stored within the principal building. No exterior storage of building or construction materials shall be allowed anywhere, except for that which is stored in connection with a lawfully operating business (e.g., CONTRACTOR) as provided for in Chapter 3, Article IV, Section 3. E. On-Site Location. Storage areas shall be completely contained within the boundaries of the subject property or leased parcel. Page 524 of 633 The permanent exterior storage areas shall be placed behind the front or side corner building setbacks line where located in the C-3, C-4, and PID districts. This restriction shall also apply to properties located along arterial or collector roadways when located in the M-1 districts. 1. Required Surface. In the C-3 and PID districts, the permanent exterior storage of retail merchandise or equipment shall be placed on improved and hard surfaces only, including vehicular use areas and excess off-street parking spaces. 2. Prohibitions. If placed within walkways, the permanent exterior storage areas shall not obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route requirements. In addition, storage areas shall not: a. Be placed within required off-street parking spaces; b. Obstruct or impede vehicular movement; c. Cause noncompliance with any of the off-street parking or vehicular use area standards of Chapter 4; or d. Abridge any easement rights without approval from the affected utility company or the city and shall not be located within landscaped areas, rooftops, or otherwise create a hazard to the public. F. Size. The area allocated to the permanent exterior storage of retail merchandise or equipment shall be restricted in size where properties are located within the following districts: 1. C-3 District. The size of the permanent outdoor storage area shall be limited to one percent(1%) of the gross floor area of the principal building(s)/leased space. An additional one percent(1%) of storage area(based upon the gross floor area of the leased space/principal building(s) may be granted, subject to the approval of an administrative adjustment. See Chapter 2, Article II, Section 4.A. for the administrative adjustment process. 2. PCD District and PID District. The size of the permanent outdoor storage area shall be limited to fifteen percent(15%) of the gross floor area of the principal building(s)/leased space. G. Additional Screening. 1H the G-3 G^ and ND this*-iets To further address potential aesthetic impacts, where determined necessary due to type of merchandise or magnitude of off- site visibility, the Planning & Zoning Director may require additional screening/buffering, t4+e area alleeated for-the per-maneat e ;,,e E)f fner-ehandise E)r-equipmeat shall Thisr-estr-ieti A landscape barrier(in accordance with Chapter 4, Article II, Section 3.13. and Section 3.C.) may be required i all insta where the outdoor storage area abuts an incompatible land use,or zoning district, and/or-right of. a, 7 Page 525 of 633 § \m \m \m \m m LU \ \ \ / \ \ a co § e 0 _ ) / 25 \ / / § W _ \ 2 - G j « d � � \) \ \ \ /. \m \ m m_ 2 X LU , / \ � e &) \ /2 r \ E ., m m_ 2 X LU / 2 a 2 2 Z 0 o / - - 7 / \g\ -E5 _ / N N N 0 0 0 N N N m m �� N X 0.. 0.. 0.. 0.. 0.. 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F d W co a a a a a a a a a a a a U a co a W (o In F (6 W � a d co a co � co co U ro U U 7, O N N W W 2 N N� W W � N h W W W 0.. 0.. 0.. .� 0.. 0.. 0.. 0.. 0.. N co 0 0 LL U LL LL LL LL LL LL Q m Co P. (o co LD W W LL Q m Co P. P. m LL W a a r 0.. 0.. W W � U a M � W U m LL W M � M � V y ro t�N itl O ppp ppp"p" C)0 0ow 0 m_ 2 ; X ` LL, — / 0 \ `~ co u §) © ) E ) ' ® \ / Z m m_ 2 ; X ` LU « 3 } « a � } / / © d& 0 !{ r \§ co !e \ ) � _ 41 m m_ 2 X LU / 2 )! \ §} / ! / \ � 24 )2 & m F- m_ 2 ; X w / ) \ (D \ 2 \ G 2 \ } _ ) \ / \ ) \ / * u « z ) ) \ ƒ \ \\ \ \ S / ` EXHIBIT "C" ZONING MATRIX NOTES FOR REFERENCE (NO CHANGES PROPOSED) Zoning Matrix Note for"Storage, Self-Service" (reference only; no changes proposed) 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway. Zoning Matrix Notes for"Contractor's Workshop" (reference only; no changes proposed) 23. General Note. This use is allowed on an arterial or collector roadway within the M-1 district provided that it has accessory commercial component to the operation. This establishment will be required to meet the following criteria: a. Location. The accessory commercial component shall be located within a building situated on a lot that fronts on an arterial or collector roadway; and b. Interior. An indoor showroom of at least two hundred fifty (250)square feet for retail sales shall be required for establishments twenty-five thousand(25,000) square feet or less. An indoor showroom area of at least one percent(1%)of the gross floor area shall be required for establishments greater than twenty-five thousand(25,000) square feet. 29. General Note. This use is allowed within the PID,except on lots that have either a Governmental& Institutional(G&I)or Mixed Use(MU)land use option. 93. Contractor. a. Refuse. Dump sters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s)Allowed. (a) Office and showroom only as a permitted use. (b) Contractors'outdoor storage and workshop shall require conditional use approval if located within two hundred(200)feet of a residential zoning district. c. M-1 District. Contractors'outdoor storage and workshop shall require conditional use approval if located within two hundred(200)feet of a residential zoning district. Page 538 of 633 8.E. PUBLIC HEARING 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Approve Wawa Gas Station Conditional Use and Major Site Plan Modification requests (COUS 18-001/MSPM 18-002) to construct a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump islands, and related site improvements, on property proposed to be rezoned to the C-3, Community Commercial zoning district . Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP/Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. EXPLANATION OF REQUEST: The 1.98-acre subject property consist of two parcels, one currently vacant and one developed with a single- story, presently unoccupied office building, formerly housing a branch of the PNC Bank which was merged with another facility nearby. The applicant proposes a future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa gas station with convenience store and restaurant. The request for the new site plan is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs) regarding the maximum number of gasoline stations at an intersection, minimum parcel frontage, and the minimum separation required between a driveway and property line. The proposed use requires Conditional Use approval when within 200 linear feet of a single-family zoning district. The subject parcel is approximately 150 feet from a single family neighborhood to the north, across the L.W.D.D L-26 Canal. The Planning & Development Board reviewed this request on May 22nd and forwards it with a recommendation for approval, with the additional condition of approval requiring two more handicap accessible parking spaces to be placed on the east and west sides of the building. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base and permit revenues and related fees. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 539 of 633 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report MM 18-002/ COLD 18-001 D Location Map Exhibit A- Location Map D Drawings Exhibit B - Plans D Exhibit Exhibit C -Applicants Justification D Conditions of Approval Exhibit D - Conditions of Approval D Development Order Exhibit E - Development Order Page 540 of 633 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM . PZ 1 -032 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf N , Planning and Zoning Director FROM: Amanda Bassiely Senior Planner DATE: April 2, 2018 PROJECT NAME: Wawa Gas Station COUS 18-001 / MSPM 18-002 REQUEST: Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a gas station to include a 6,119 square foot convience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. PROJECT DESCRIPTION Applicant: T. Austin Simmons, Brightwork Real Estate Inc., VP Property Owner: Boynton Heart Institute, LLC / PNC Bank, National Association Agent: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP. Location: 2505 W. Woolbright Road and adjacent property to the east (See Exhibit "A") Existing Land Use/Zoning: Office Commercial (OC)/C-1 Office Professional Proposed Land Use/Zoning: Local Retail Commercial (LRC)/ C-3 Community Commercial Proposed Uses: Gas Station with convience store Acreage: 2.14(1.98 after Right-of-way Dedication) Page 541 of 633 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 2 Adjacent Uses: North: Right-of-way of Canal L-26, Lake Worth Drainage District; farther north, developed single-family homes of Palm Beach Leisureville, classified Low Density Residential (LDR) and zoned R-1AA, Single-Family Residential; South: Right of way of Woolbright Road; further south, developed commercial properties, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial (Marathon gas station, McDonald's restaurant and Sun First National Bank) and PCD, Planned Commercial Development (Boynton Shoppes); East: Developed office property (medical offices), classified Office Commercial (OC) and zoned C-1, Office Professional; and West: Right-of-way of South Congress Avenue; farther west, developed commercial property (Mobil gas station and 7-Eleven store), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL The 1.98-acre subject property consist of two parcels, one currently vacant and one developed with a single story, presently unoccupied office building, formerly housing a branch of the PNC Bank which was merged with another facility nearby. The applicant proposes a future land use (FLU) amendment and rezoning to redevelop the property with a 6,119 square foot Wawa store and gas station. The request for the new site plan is being processed concurrently, as are the staff-initiated applications for three amendments to the Land Development Regulations (LDRs) regarding the maximum number of gasoline stations at an intersection, minimum parcel frontage, and the minimum separation required between a driveway and property line. The proposed use requires Conditional Use approval when within 200 linear feet of a single-family zoning district. The subject parcel is approximately 150 feet from a single family neighborhood to the north. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In Page 542 of 633 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 3 addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "C" — Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property currently has two (2) primary points of ingress and egress; one (1) driveway is located on the west side of the parcel which connects to South Congress Avenue, and one (1) on the south side connecting to Woolbright Road. The property also has one (1) point of ingress and egress via a cross-access easement with the property to the east (see Exhibit "B"). The project proposes two-way drive aisles throughout the site for effiecnt traffic flow. There are existing sidewalks along both Woolbright Road and South Congress Avenue. Pedestrian access to the site is proposed to be enhanced through the construction of walkways and a clearly marked crosswalk through the propsed parking areas in order to connect directly to the proposed convience store. The convience store is lined with walkways and outdoor dining areas which are protected by bollards. 2. Off-street parking and loading areas where required, with particular attention to the items in standard#1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The minimum parking required for a convenience store is calculated at one (1) parking space per 200 square feet of gross floor area, a restaurant is calculated at 1 parking space per 100 square feet, and the common area is calculated at 1 parking space per 150 square feet. Gas stations are also required to maintain a stacking lane of 30 foot from the end of each gas pump island. Required parking is calculated to be 46 spaces total, based on the new structure comprised of a 2,540 square foot convenience store, a 2,689 square foot restaurant, and 890 square feet of common area. The site plan depicts 13 parking spaces immediately around the building, nine (9) along Congress Avenue, and another 28 spaces east of the building; totaling 50 proposed parking spaces. The design of the parking areas is sensitive to the neighboring residential properties to the north. In order to mitigate any parking or loading impacts to the residents, the proposal provides a twelve (12) foot landscaped buffer, a six (6) foot wall, and an additional fifteen (15) foot setback adjacent to the existing canal. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. A dumpster is proposed at the north east corner of the property, setback approximately 30 feet from the buffer wall along the northern property line. The refuse area is screened by Page 543 of 633 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 4 both the six (6) foot wall and landscaping. Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of this application. However, should the waste flow create an issue, the waste pick-up frequency will be increased to accommodate it. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The site is adjacent to a drainange canal along the north property line. There is a single- family neighborhood on the oppisite side of the canal. In order to mitigate any adverse affects a gas station might have on the neighborhood, screening and buffering is required. The proposal provides a fifteen (15) foot setback from the property line, and a twelve (12) foot landscaped buffer with a six (6) foot wall along the nothern property line. The Landscape Plan (Sheet L-2) depicts assorted trees on the northern side of the wall, including, Yellow Elder, Pigoen Plum, Verrawood, and Splash Pine. The site also proposes a five (5) foot wide landscaped buffer to the east, and ten (10) foot wide landscaped buffers on the west and south sides. The plant materiel chosen will be native and/or drought- tolerant. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The project proposes the installation of 11 new light poles. In an effort to minimumize glare and impact on surrounding properties, the light fixures will be full cutoff design, and the light levels are depicted to be well below the code maximum of 5.9 footcandles. The canopy will have 24 LED recessed lighting fixtures. The building will have five (5) wall mounted fixtures and 24 can lights along the fagade to provide adequate lighting levels immediately around the building. Relative to signage for the project, the applicant proposes two (2), five (5) foot tall monument signs: one (1) at the entry on Woolbright Road and one (1) at the entry on Congress Avenue. Two (2) wall signs are proposed; one (1) on the west elvevation, facing Congress Avenue and one (1) on the south elevation, facing Woolbright Road. There are also a series of "canopy spanner: proposed on top of the gase pumps. Although codes currently prohibit electronic signs, recent legislative amendments prohibit the City from restricting the visibility of signage displaying gas pricing. The applicant has reference said state statue in justify the proposed monuments signs. This preemptive legislative requirement would only apply to pricing and not to other merchandise and other services. These signs have not been fully designed at this point, therefore staff recommends conditions of approval that require staff review and approval of sign design prior to permitting (see Exhibit"D" — Conditions of Approval). 7. Required setbacks and other open spaces. The proposed gas station building is proposed to meet or exceed the minimum setback requirements of the C-3 zoning district. Minimum setbacks are: front (south) required 20' — Page 544 of 633 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 5 provided 47.6'; rear (north) required 20' — provided 42.1'; side corner (west) required 20' — provided 202'; and side (east) required 0' — provided 201.7'. The closest residential structure is nearly 150 feet to the north, across the canal, separated by two (2) layers of landscaping and a proposed buffer wall on site. 8. General compatibility with adjacent properties, and other property in the zoning district. The gas station is generally compatible with the remainder of the commercial uses on the corridor and with the adjacent residential properties; as such uses located adjacent to large residential developments are typically patronized by the residents within the neighborhood. Additionally, the building's large setbacks, intervening canal and appropriate buffering further the compatibility. The building's design is typical of most commercial structures with a mix of smooth plaster finish and clapboard siding, control joints raised plaster bands and cornices and soft earth tone colors (James Hardie "Artic White" and "Harris Cream", and Stucco Senergy "Meringue"). The balance of the building has a parapet roof design with a standing seam metal roof over the entrance, and eyebrow awning windows and doors. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The gas station convenience store is designed as a one-story structure, with the parapet wall at a height of 22'- 4" and the top of the hip roof entry feature at 33'-4", which is compatible with the structures on adjacent properties, and under the maximum allowable height of 45' in the C-3 zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible, other than the enhanced condition of the property with the upgraded building and use on the site, permit fees and certificate of use fees. It is a local convenience as intended by LRC future land use designation. Coffee, breakfast, lunch, and snacks are staples for neighborhood businesses and residents. Additionally, it provides commercial retail services, which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this project. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. The fueling stations are subject to federal and state safety standards, which provide protections from the nuisances and hazards of fuel. All restaurant and convenience store activity takes place entirely within the fully enclosed building and no chimneys are needed, which can create noxious fumes. As noted above, with the distance to residential units, and the buffer wall and intervening landscaping, noise associated with operation should not be an issue. With incorporation of all conditions and Page 545 of 633 Wawa Gas Station COUS 18-001 /MSPM 18-002 Page 6 staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this Project because there are no proposed uses for bars, nightclubs, and similar establishments. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary building permits. S:\Planning\SHARED\WP\PROJECTS\Meadows Square Day Care\COUS 16-001/MSPM 16-001\Staff Report.doc Page 546 of 633 EXHIBIT A SITE LOCATION MAP 7 „ d f 1 Y s LL 1 , a t`5�S S lr N j F : N �h4 Ca � til A V� �r sr � 1 T N 037.575 150 225 300 of :aD�ggld rpI��H a �HTT��RIggp@ I U AI/q�ay�s z 61� I HH®11 t M 8 9 \'J co '�^ ! ^' W = t II I I � I I " o e l li II"ice i �� I � ' I I a I � z P9, I I I I I I I o to o =n ow _ � a 8 I!a X3 Wam .x � 3 Awa °- o VIW13 W-d«OUNV190 SNOUVA313 801831X2 ------------------ 'Al L"If J,ii Ul u N i (Y) :i,v is jP (Y) (C) SIR 0 0 LO In 5! (LDU Y "M Z EL Yl, (Q 1T .......... J Ur [rillIII 4 J! j, Ln (vi 9 I!q!qx3 , w a.m ux=w 5l Iiab.g sosay4 V 5Nt7UVA31321OlbA1XA ou 1Y9�G�F4jd l F.�Y?G FNYI4+Fn1 4 ` Nn'..Nl1 _ TA15iY v+DMte1 3itr'h53efWM,.B Cs(5e��,8"sNnM i �' `a .. vu two "`A• a :�V,Yx&lxtyy SLir.4 "� ;via xasrkill- ut'±xa ,a � ¢��[� �.. �� •' ,�i t< +ISI � " �I[�� I �. #i ?;� ��'k ,_ SIL, 0 4 r LO Lo I� afLLJ 03 . ks 41 e I,I 1-11�.k} Orsi, u It` 'y 17 i I Y` 0�I TT } I�' .111 X91, ISI ( �a (1 [} j 77 1 r {{ 111 t r Al IJ r j IT e, a r, 8 I!glgx3 .. DUNAY Exhibit C MISKEL nnni bill°,,;kvl GwayI y Di kt,wson �je[Tfi {�Ak11 n ,,'-, 5�co,IP Sulck,rn 3n Fk-i,,Xa,,, l,%ru ade5 And1 i,9ua Ke lr Wawa Northeast Corner of Woolbrighta and Congress Avenue Conditional Use Justification Narrative Brightwork Acquisitions, LLC ("Applicant") is the contract purchaser of the +/- 2.14 acre parcel, generally located on the northeast corner of Woolbright Road and Congress Avenue ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is comprised of two parcels,whose Parcel Control Numbers are 08-43-45-32-00-000-3080 and 08- 43-45-32-00-000-3050. The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently, the interior parcel is vacant. The parcel located on the hard corner of Woolbright Road and Congress Avenue is developed with a PNC Bank, which has been closed and consolidated with another branch located approximately one and a half miles north on Congress Avenue. r 9Nha,''Pal { 77 1 s r � r�s fi �Yy ,,kr r6i� i i hm, k 6coomIgbt Rd tSli� Al 7 r 1-4 , E z�0ski rw> 1, u ,i� 3,,'�, Bm �rgAn-, R 134:32 Tura; N5�r11,w0O, ra 1 . r r ,t« "st i wvevv firnob,avoonn Page 552 of 633 The Applicant proposes to redevelop the Property with a vibrant+/-6,119 square foot Wawa ("Project"). In order to develop the Project,Applicant has requested a future land use map ("FLUM") amendment, rezoning, site plan approval, and a variance.Additionally,Applicant is also required to obtain conditional use approval for the gas station use because it is located less than two hundred (200) feet from the boundary of a residential zoning district (Chapter 3, Article IV, Section 3, Subsection D.46.a.11). Standards for Evaluating Conditional Uses Chapter 3,Article IV, Section 4 of the City's Land Development Regulations ("LDR") provides the standards used for evaluating conditional uses. Applicant will demonstrate below that the Project is consistent with the following standards: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; The Project provides ingress and egress on both the Urban Principal Arterial Road(Congress Avenue) and the Urban Minor Arterial Road (Woolbright Road) as well as cross access with the adjacent property to the east. The Project also provides two-way vehicular use areas throughout the site,which maximize the efficiency of traffic flow. The multiple access points combined with a variety of drive aisles throughout the site provide sufficient access in case of fire or catastrophe. Landscaped islands provide automobile safety in the parking lot. Bollards and crosswalks provide pedestrian safety around the perimeter of the building. Furthermore, the Project is subject to review and approvals from Palm Beach County with regard to traffic. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C1, above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; The Project provides more than adequate parking on the Property. As such, sufficient parking on the Property creates little to no impact on adjacent and nearby properties. Additionally, the parking contains automobile and pedestrian safety features, such as landscaped islands and bollards. Because the Property is located on the hard corner of a major intersection, parking and loading has no impact to properties located to the west and south. The Project also has little to no impact on the adjacent property to the east, which is also comprised of a drive aisle and a parking lot for commercial retail strip uses. Finally,the Project is sensitive to the neighboring property to the north, which is a residential neighborhood. To mitigate any parking or loading impacts to the residents to the north, the Project provides a twelve (12) foot landscaped buffer, a six (6) foot wall, and an additional fifteen (15) foot setback adjacent to the existing canal. 3. Refuse and service areas, with particular reference to the items in subsection C1. and C2. above; 2 Page 553 of 633 Adequate refuse areas have been provided with sufficient access to the refuse areas for service. The refuse area is screened by both the six (6) foot wall and twelve (12) foot landscaping just south of the existing canal, which provides adequate protection for the neighboring residents to the north. The location of the refuse area for the adjacent property to the east is a mirror image; thus, the Project's cross access provides an efficient service area. 4. Utilities, with reference to locations, availability, and compatibility; The Project will be subject to concurrency review and will not have any impacts different from neighboring properties to the availability of public services or infrastructure. 5. Screening,buffering and landscaping with reference to type,dimensions,and character; As mentioned above, the Project provides a fifteen (15) foot setback, a twelve (12) foot landscaped buffer, and a six (6) foot wall just south of the existing canal. A five (5) foot landscaped buffer is proposed to the east, and ten (10) foot landscaped buffers to the west and south. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; The Project's signs and proposed exterior lighting do not produce any glare that is detrimental to traffic safety or economic effects. Well planned lighting can help prevent accidents, deter crime, and maintain an attractive community environment.' Specifically, parking lots should be designed to provide the lighting necessary to facilitate the safe movement of pedestrians and vehicles within parking areas and prevent vandalism, auto theft, and personal crime.z This is especially important for gas station parking lots due to the high traffic of pedestrians and vehicles, and where the safety of the City's residents take precedence. The Project's exterior lighting has been well planned and utilizes today's technology, which can control glare and spillage with LEDs and shields. 7. Required setbacks and other open spaces; The Project exceeds all of the minimum setback and open space requirements. B. General compatibility with adjacent properties, and other property in the zoning district; The Project is more compatible with adjacent properties and other property in the zoning district. Applicant's Property is only one of four commercial properties remaining with an OC future land use designation that fronts Congress Avenue. By expanding the use options to a threshold similar to other properties along Congress Avenue, the Applicant is able to 1 hUps://www.village.germantown.vA.us/DocumentCenter/View/44 z htWs:llwww.village.germantown.wl.us/DocumentCenter/View/44 3 Page 554 of 633 propose a use that will serve the continuously expanding residential population along the Congress Avenue Corridor. Furthermore, City staff has indicated that market trends demonstrate more support for retail than for office development in the City according to the 1St quarter report by Cushman and Fields. Similarly, there is a need to rezone the Property to C3. When evaluating the zoning map holistically, a majority of the commercial properties fronting Congress Avenue are zoned C3 on the City's official zoning map. Applicant's Property is only one of three properties remaining that are zoned C1 fronting Congress Avenue. Thus, the Project minimizes land use conflicts and maintains the character of this major thoroughfare (FLUE Goal 1). Furthermore, the Project reduces uses that are inconsistent with the character of Congress Avenue by eliminating these future land use designations and zoning districts that are no longer consistent within the development pattern on Congress Avenue. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; The proposed building does not exceed the maximum height requirements and is comparable or less than adjacent and nearby properties. 10.Economic effects on adjacent and nearby properties, and the city as a whole; The Project will produce beneficial economic effects on adjacent and nearby properties as well as the City as a whole. Restaurants, convenience stores,fuel,and ATM's are some of the most complimentary uses to surrounding businesses and residential neighborhoods. It is a local convenience as intended by LRC future land use designation. Coffee, breakfast, lunch, and snacks are staples for neighborhood businesses and residents. Additionally, it provides commercial retail services, which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities (FLUE Policy 1.3.1.b). Property values of adjacent and nearby properties would increase because the proposed Project provides a staple retail service demanded daily by neighboring residents and businesses. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this Project. 12.Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Cha ter 3,Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part A Cha ter 15,Section 15- 8 and The proposed use is compliant with the operational performance standards listed in LDR Chapter 3, Article IV, Section 1. The proposed use does not produce nuisances and hazards in the form of noise, vibrations, particular matter, odor, toxic matter, fire, explosions, heat, humidity, glare, waste, or electromagnetic interference. The fueling stations are subject to 4 Page 555 of 633 federal and state safety standards,which provide protections from the nuisances and hazards of fuel. All restaurant and convenience store activity takes place entirely within the fully enclosed building and no chimneys are needed,which can create noxious fumes. 13.Required sound study and analysis.All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met;b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. Itshall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this Project because there are no proposed uses for bars, nightclubs, and similar establishments. 5 Page 556 of 633 EXHIBIT D Conditions of Approval Project Name: Wawa Gas Station File number: MSPM 18-002 Reference: 31d review plans identified as a Maior Site Plan Modification with a April 24, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: None. All previous comments addressed at DART meeting. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. 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. 2. The number of gas stations allowed at an intersection is limited to X two (2). If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. 3. A minimum lot frontage of 225' is required along the two (2) arterial X rights-of-way. If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. Page 557 of 633 Wawa Gas Station (MSPM 18-002) Conditions of Approval Page 2of3 DEPARTMENTS INCLUDE REJECT 4. Driveways shall be located a minimum distance of 30' from any X property line. Neither driveway proposed meets this code requirement. If the proposed code revision is not approved, project approval would be conditioned upon the filing and approval of a variance request. 5. Please provide a letter from LWDD allowing the landscaping X proposed on the outside of the buffer wall, within their easement. If approval is not provided the site plan will require to be amended to accommodate all buffer landscaping on your property. 6. Please depict the use of two (2) colorful shrub species planted X around the base of the monument signs. 7. Please place a note on Sheets Al through A4.1 stating that No store X fixtures or other equipment over 42" in height shall be placed in front of vision glass so as to obscure any view into, or out of, the building. 8. Downspouts are required to be encased within architectural features. X Please revise the drawings accordingly. 9. Any music or running ads streaming at the pump island canopy shall X be discontinued between the hours of 7PM and 7AM to prevent impacts on nearby neighborhoods. 10. Revise landscape drawings to ensure that small sodded areas are X omitted and replaced with ground cover plantings. 11. The swing gates for the new dumpster enclosure location will X encroach into the drive aisle when in an open position. Please correct. 12. Sheet TM-1, Tree Mitigation, has a note indicating payment into the X "City's Tree Fund", rather than mitigating those removed. The City no longer recognizes a tree fund. Therefore, please replace any material proposed to be removed with new/different material, or relocate more of the existing material proposed to be removed. Staff may permit some understory and accent plantings to account for some of the mitigated materials. 13. Please replace Sheets C-13 and C-14, as the reproduction of those X sheets are blurred/smudged. 14. Sign bands are limited to 80% coverage and may not encroach on X and architectural elements. 15. Canopy /under canopy signage is in excess of what is permitted. X Staff recommends omitting the canopy sign (once sign is Page 558 of 633 Wawa Gas Station (MSPM 18-002) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT redesigned/sized to meet code it will not be legible) and keeping the under canopy signs. 16. Move the site address to be centered at the top of the monument X signs. 17. Additional needed comments regarding proposed signage will be X rendered at time of permitting. COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. Provide an additional handicap parking space on both the east and X west side of the building. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Wawa Gas Station\StaffReport\MSPM 18-002 COA.doc Page 559 of 633 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wawa Gas Station (MSPM18-002 / COUS 18-001) APPLICANT: Bonnie Miskel, Esq., of Dunay, Miskel and Backman, LLP APPLICANT'S ADDRESS: 14 Southeast 4th Street, Suite 36, Boca Raton, Florida 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 10, 2018 APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a gas station to include a 6,119 square foot convenience store, a 7,830 square foot canopy over nine (9) pump stations, and related site improvements, located in a C-3 Community Commercial zoning district. LOCATION OF PROPERTY: 2505 W. Woolbright Road and adjacent property to the east 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 X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Wawa Gas Station\StaffReport\MSPM18-002_DO.doc Page 560 of 633 9.A. CITY MANAGER'S REPORT 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: The requested action is to discuss the value of adopting the Palm Beach County Panhandling Ordinance. EXPLANATION OF REQUEST: Current Police Department Strategy In the last six months the police department has begun utilizing the following state statutes to enforce panhandler related crimes and issues. The method in which our outdated records management system operates it is difficult to tabulate the total number of citations issued in panhandling related instances. 316.2045 Obstruction of public streets, highways, and roads.— (1) It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or approaching motor vehicles thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon; and any person or persons who violate the provisions of this subsection, upon conviction, shall be cited for a pedestrian violation, punishable as provided in chapter 318. (2) It is unlawful, without proper authorization or a lawful permit, for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by any of the means specified in subsection (1) in order to solicit.Any person who violates the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Organizations qualified under s. 501(c)(3) of the Internal Revenue Code and registered pursuant to chapter 496, or persons or organizations acting on their behalf are exempted from the provisions of this subsection for activities on streets or roads not maintained by the state. Permits for the use of any portion of a state-maintained road or right-of-way shall be required only for those purposes and in the manner set out in s. 337.406. 316.130 Pedestrians; traffic regulations.— (1)A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer. (2) Pedestrians shall be subject to traffic control signals at intersections as provided in s. 316.075, but at all other places pedestrians shall be accorded the privileges and be subject to the restrictions stated in this chapter. (3) Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic. (5) No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle. (8) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. (19)A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a pedestrian violation or, if the infraction resulted from the operation of a vehicle, as a moving violation. Page 561 of 633 810.09 Trespass on property other than structure or conveyance.— (1)(a)A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance: 1.As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or 2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass, commits the offense of trespass on property other than a structure or conveyance. (b)As used in this section, the term"unenclosed curtilage" means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. (2)(a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Trespass Warning Agreements In the past 14 months the police department has entered into 76 trespass warning agreements with local business including shopping malls, gas stations and 94 percent of convenience stores. It is our intent to continue this process. The trespass agreement essentially make the police department an agent of the business allowing us to trespass individuals without the consent or involvement of the owner. We are currently awaiting additional signs that we offer to smaller businesses at no cost. The following is the Palm Beach County Panhandling Ordinance that is being considered. Sec. 18-7. - Solicitation and distribution on public roads. • (a) Title. This section shall be entitled the "Palm Beach County Solicitation and Distribution on Public Roads Ordinance." (b) Intent. It is the intent of this section to protect the health, safety and general welfare of the citizens of Palm Beach County, to assure the free, orderly, undisrupted movement of motorized vehicles on public roads within unincorporated Palm Beach County and to provide for safety in the interest of pedestrians and occupants of motorized vehicles located on public roads within unincorporated Palm Beach County. This section is not intended to control traffic, as that term is defined in F.S. Ch. 316. This section is intended to apply evenhandedly to all persons who engage in the activities proscribed herein, regardless of their message. This section is intended to be narrowly tailored to serve the significant government interest of public safety, and to leave open ample alternative channels of displaying information, distributing goods and materials, and soliciting business and charitable contributions. (c) Definitions. Road shall include roads, streets, roadbeds, ramps, medians, traffic islands and all other ways open to travel by operators of motorized vehicles within unincorporated Palm Beach County. This definition excludes private roads and roads that are not open to motor vehicle travel. (d) Findings and determinations. The County hereby finds and determines that allowing the interaction of pedestrians and motor vehicles in close proximity is inherently dangerous on State and County roads and persons engaging in displaying information of any kind, distributing materials or goods, or soliciting business or charitable contribution on roads is hazardous to public safety, both for occupants of vehicles located on public roads and for persons engaging in such display of information, distribution of material or goods and solicitation of business or charitable contribution. The County further hereby finds and determines that the prohibitions set forth in this section are narrowly tailored to serve the significant interest of promoting and protecting the public health, safety and welfare of the citizens of Palm Beach County, and that said prohibitions leave open ample alternative channels of communication. (e) Prohibitions. (1) No person shall be upon or go upon any road for the purpose of displaying information of any kind. Page 562 of 633 (2) No person shall be upon or go upon any road for the purpose of distributing materials or goods or soliciting business or charitable contributions of any kind. (3) The language in this [sub]section is not intended to apply to traffic control signage or personnel or maintenance and construction personnel engaged to perform authorized activities on roads. (f) Applicability. The provisions of this section shall embrace all public roads that are open to motor vehicle traffic within the unincorporated area of Palm Beach County, including State roads, interstate ramps and County roads and to all municipalities within Palm Beach County that elect to have the provisions of this section apply within their respective jurisdictions. (g) Penalties. (1) Pursuant to F.S. § 125.69(1), any person convicted of violating the provisions of this section shall be punished by a fine not to exceed five hundred dollars ($500.00), by imprisonment not to exceed sixty (60) days, or by such fine and imprisonment. (2) In addition to the penalties provided by subsection (1) of this [sub]section [(g)], any violation of this section shall be subject to appropriate civil action in a court of appropriate jurisdiction. (Ord. No. 2015-025 , §§ 1-7, 6-23-15) Editor's note—Ord. No. 2015-025 , §§ 1-7, adopted June 23, 2015, did not specifically amend the Code; hence, inclusion herein as§ 18-7. was at the discretion of the editor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Allow officers to utilize state statutes and city ordinances to enforce panhandler related crimes and issues. FISCAL IMPACT: Non-budgeted Costs Associated for City Ordinance Violations The city attorney must act as the prosecution and must also pay for the defendant's attorney's fees. The city attorney estimates the average minimum billable hours to be 4 hours for the city attorney and 10 hours for the defense attorney if the case goes to trial at an average rate of$205.00 for a total of$2,870.00 per incident. ALTERNATIVES: Continue utilizing the following state statutes to enforce panhandler related crimes and issues. Doing so will save money which can go towards trespass agreements. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Page 563 of 633 Grant Amount: Page 564 of 633 12.A. LEGAL 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-014- FIRST READING -Approve Municipal Services& Infrastructure Site Standards (CDRV 18-004)Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain site standards, facilitating the expeditious siting, design and construction of new and replacement of public improvements. EXPLANATION OF REQUEST: To provide for the necessary flexibility in siting and replacing essential public infrastructure, and to ensure an expeditious processes when necessary, staff proposes amendments to the Land Development Regulations to exempt such public improvements from the basic site standards indicated in the Zoning Regulations, Chapter 3, Article 111, Zoning Districts and Overlays. The standards from which such eligible public improvements would be exempt would include lot area, lot frontage, lot coverage, floor-area-ratio (FAR) and building setbacks. While it is important to provide flexibility in siting and site design to ensure the expeditious provision of public infrastructure, the proposed amendment would stress the review for achieving the intent of the Zoning Regulations as represented by the entire Land Development Regulations and generally summarized by Section 2. Scope of Article 1. Each project should be reviewed to prevent impacts upon other properties, maintain a safe environment and where applicable, further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. The following new Section No. 11 is proposed for Chapter 3. Zoning, Article 11. General Provisions: "Section 11. Municipal Operations and Emergency Facilities, Essential Services and Support Infrastructure. Municipal projects including emergency facilities, essential services, and related infrastructure shall be exempt from certain development and site standards, which are limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximum floor-area-ratio (FAR) and building setbacks. The purpose of this exemption is to provide for the necessary flexibility in siting, replacing and maintaining essential public services and infrastructure, and to ensure an expeditious processes when necessary. Exempt projects, shall be reviewed through the site plan review process for compliance with all other development standards including the intent of the Land Development Regulations. The review of all municipal projects should ensure that such improvements further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. Eligibility also requires the subject project to be the principal use. on City-owned property. Municipal facilities and Essential Services and Infrastructure are defined within the Land Development Regulations, Chapter 1, Article 11. Definitions. Staff is recommending approval of the proposed code amendment to ensure the expeditious siting, site planning, and construction of municipal facilities and essential support services and infrastructure. The Planning & Development Board reviewed this item on May 22nd and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The LDR amendment is intended to maximize municipal service delivery through expeditious siting, approval Page 565 of 633 and construction of new or replacement municipal facilities and infrastructure. FISCAL IMPACT: N/A 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 Ordinance Ordinance appro\Ang amendments to LDR Chapter 3, Article 11, to add a New Section 11 D Staff Report Staff Report& Proposed Amendment Page 566 of 633 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS CHAPTER 3, 5 ZONING, ARTICLE II, "GENERAL PROVISIONS", TO ADD A NEW 6 SECTION 11, "MUNICIPAL OPERATIONS AND EMERGENCY 7 FACILITIES, ESSENTIAL SERVICES AND SUPPORT 8 INFRASTRUCTURE" TO EXEMPT MUNICIPAL EMERGENCY AND 9 SUPPORT FACILITIES, INCLUDING ESSENTIAL SERVICES AND 10 INFRASTRUCTURE FROM CERTAIN BUILDING AND SITE 11 STANDARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, 12 CODIFICATION AND AN EFFECTIVE DATE. 13 14 WHEREAS, to provide for the necessary flexibility in siting and replacing essential 15 public infrastructure, and to ensure an expeditious processes when necessary, staff proposes 16 amendments to the Land Development Regulations to exempt such public improvements from 17 the basic site standards indicated in the Zoning Regulations, Chapter 3, Article III, Zoning 18 Districts and Overlays; and 19 WHEREAS, the standards from which such eligible public improvements would be 20 exempt would include lot area, lot frontage, lot coverage, floor-area-ratio (FAR) and building 21 setbacks; and 22 WHEREAS,while it is important to provide flexibility in siting and site design to ensure 23 the expeditious provision of public infrastructure, the proposed amendment would stress the 24 review for achieving the intent of the Zoning Regulations as represented by the entire Land 25 Development Regulations and generally summarized by Section 2. Scope of Article 1; and 26 WHEREAS, each project should be reviewed to prevent impacts upon other properties, 27 maintain a safe environment and where applicable, further the City's vision and initiatives with 28 respect to sustainability, capital improvements planning, comprehensive planning and 29 redevelopment planning; and 30 WHEREAS, The LDR amendment is intended to maximize municipal service delivery .I . C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentlES\52FYTEOE\Municipal_Services Infrastructure_Site_Standards_-_LDR_Amendment_-_Ordinance.doPage 567 of 633 31 through expeditious siting, approval and construction of new or replacement municipal facilities 32 and infrastructure; and 33 WHEREAS, the City Commission has considered the recommendations and has 34 determined and finds that it is in the best interest of the citizens and residents of the City of 35 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 36 contained herein. 37 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 38 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 40 confirmed by the City Commission. 41 Section 2. Chapter 3,Zoning,Article II, General Provisions,is amended to add a new 42 Section 11, Municipal Operations and Emergency Facilities, Essential Services and Support 43 Infrastructure as follows: 44 Section 11. Municipal Operations and Emergency Facilities, Essential Services and Support 45 Infrastructure 46 47 Municipal projects including emergency facilities, essential services, and related infrastructure 48 shallbe exempt from certain development and site standards, which are limited to minimum lot 49 area, minimum lot frontage, maximum lot coverage, maximum floor-area-ratio (FAR) and 50 building setbacks. The purpose of this exemption is to provide for the necessary flexibility in 51 siting, replacing and maintaining essential public services and infrastructure, and to ensure an 52 expeditious process when necessary. Exempt projects shall be reviewed through the site plan 53 review process for compliance with all other development standards including the intent of the 54 Land Development Regulations. The review of all municipal projects should ensure that such 55 improvements further the City's vision and initiatives with respect to sustainability, capital 56 improvements planning, comprehensive planning and redevelopment planning. Eligibility also 57 requires the subject project to be the principal use, and on City-owned property. Municipal 58 facilities and Essential Services and Infrastructure are defined within the Land Development 59 Regulations, Chapter 1, Article 1I.Definitions. 60 61 Section 3. Each and every other provision of the Land Development Regulations not 62 herein specifically amended, shall remain in full force and effect as originally adopted. 2.. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IES\52FYTEOE\Municipal_SeivicesInfrastructure Site_Standards_-_LDR_Amendment_-_Ordinance.doPage 568 of 633 63 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 64 with any provisions of this ordinance are hereby repealed. 65 Section 5. Should any section or provision of this Ordinance or any portion thereof 66 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 67 remainder of this Ordinance. 68 Section 6. Authority is hereby given to codify this Ordinance. The City Clerk is 69 directed to work with the Land Development Regulations publisher to consolidate this ordinance 70 and the exhibit for publication. 71 Section 7. This Ordinance shall become effective immediately. 72 FIRST READING this day of , 2018. 73 SECOND, FINAL READING AND PASSAGE this day of , 2018. 74 75 CITY OF BOYNTON BEACH, FLORIDA 76 77 YES NO 78 79 Mayor—Steven B. Grant 80 81 Vice Mayor— Christina L. Romelus 82 83 Commissioner—Mack McCray 84 85 Commissioner—Justin Katz 86 87 Commissioner—Joe Casello 88 89 90 VOTE 91 ATTEST: 92 93 94 95 Judith A. Pyle, CMC 96 City Clerk 97 98 3- C:\Users\StanzioncT\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.lE5\52FYTEOE\Municipal_Services_Infiastracture_Site_Standards__LDR_Amendment_-_Ordinance.doPage 569 of 633 99 (Corporate Seal) -4. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Hles\Content.IE5\52FYTEOE\Municipal_Servvices_infi-astiucture Site_Standards_-_LDR_Amendment_-_Ordinance.doP age 570 of 633 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-036 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 18, 2016 RE: Approve Municipal Services & Infrastructure Site Standards (CDRV 18-004) Amending the Land Development Regulations, Chapter 3, Zoning, Article 11. General Provisions, to exempt municipal emergency and support facilities, including essential services and infrastructure from certain building and site standards, facilitating the expeditious siting, design, construction or replacement of public improvements. EXPLANATION & PROPOSED AMENDMENTS To provide for the necessary flexibility in siting and replacing essential public infrastructure, and to ensure expeditious processes when necessary, staff proposes amendments to the Land Development Regulations (LDR) to exempt such public improvements from the basic site standards indicated in the Zoning Regulations, Chapter 3, Article III, Zoning Districts and Overlays. The standards from which such eligible public improvements would be exempt would include lot area, lot frontage, lot coverage, floor-area-ratio (FAR) and building setbacks. While it is important to provide flexibility in siting and site design to ensure the expeditious provision of public infrastructure, the proposed amendment would stress the review for achieving the intent of the Zoning Regulations as represented by the entire Land Development Regulations and, in part, summarized by Section 2. Scope of Article I. Each project should be reviewed to prevent impacts upon other properties, maintain a safe environment and where applicable, further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. The following new Section No. 11 is proposed for Chapter 3. Zoning, Article I. Overview: "Section 11. Municipal Operations and Emergency Facilities, Essential Services and Support Infrastructure Municipal projects including emergency facilities, essential services, and related infrastructure shall be exempt from certain development and site standards, which are limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximum floor-area-ratio (FAR) and building setbacks. The purpose of this exemption is to provide for the necessary flexibility in siting, replacing and maintaining essential public services and infrastructure, and to ensure an - 1 - Page 571 of 633 expeditious process when necessary. Exempt projects shall be reviewed through the site plan review process for compliance with all other development standards including the intent of the Land Development Regulations. The review of all municipal projects should ensure that such improvements further the City's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. Eligibility requires the subject project to be the principal use, and on City-owned property. Municipal facilities and Essential Services and Infrastructure are defined within the Land Development Regulations, Chapter 1, Article II. Definitions. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendment to ensure the expeditious siting, site planning, and construction of municipal facilities and essential support services and infrastructure. Attachments S:APlanning\SHARED\WP\SPECPRO.ECODE REVIEW\CDRV 18-004 Public Infrastructure Site Standards\Staff Report.doc -2 - Page 572 of 633 12.B. LEGAL 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-015 - FIRST READING -Approve Ordinance amending Part 11. "Code of Ordinances," Chapter 2, "Administration," By creating a new Article XIX, entitled "Requirements for City of Boynton Beach's Docked Bike Share Systems"; providing for definitions, codification, conflicts, severability, and an effective date EXPLANATION OF REQUEST: A bike share system is an automated system in which bicycles are made available for shared use via membership subscriptions or short-term rentals to individuals who do not own them. Bike sharing offers the following benefits to cities: • Provide affordable access to bicycles for short-distance trips in urban areas • Provide an alternative to motorized public transportation or private vehicles • Help reduce traffic congestion, parking congestion, noise, and air pollution • Connect users to public transit networks • Address some of the primary disadvantages to bicycle ownership such as loss from theft or vandalism, lack of parking or storage, and maintenance. • Provide a favorable amenity for visitors Bike sharing supports the City's mobility, sustainability, health, economic, and social goals by helping bicycling become a more viable alternative mode of transportation in Boynton Beach. Bike sharing encourages new bicycle commuters; promotes commerce by enhancing access to business, shopping, dining and entertainment venues; and provides first and last mile solutions for the existing transit system. This ordinance specifies minimum requirements for a "docked" bike share system, wherein bikes are checked out and returned to permanent docking stations. These standards pave the way for the City Commission to approve one or more nonexclusive agreements with bike share system operators in Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By adopting minimum standards, the City of Boynton Beach will be able to encourage qualified bike share businesses to operate within the City, helping to achieve the city's goals of encouraging bicycling, reducing vehicle miles traveled and single occupancy vehicle trips, expanding transportation options, and reducing greenhouse gas emissions. FISCAL IMPACT: Non-budgeted There is no fiscal impact to the City as all costs for the program will be borne by third party entities. ALTERNATIVES: STRATEGIC PLAN: Page 573 of 633 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan 2015 Revision, I nitiative T-6: Use and expand Transportation Demand Management (TDM) strategies, which reduce peak hour and single-occupant vehicle travel. These include Vanpool and Carpool programs, Car and Bike Sharing programs, a high-occupancy vehicle incentive program, preferred employee parking incentives and Commute Trip Reduction programs. Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Ordinance Ordinance approving Bike Share Code language Page 574 of 633 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING PART H. "CODE OF ORDINANCES," CHAPTER 2, 5 "ADMINISTRATION," BY CREATING A NEW ARTICLE XIX, 6 ENTITLED "REQUIREMENTS FOR CITY OF BOYNTON BEACH'S 7 DOCKED BIKE SHARE SYSTEMS"; PROVIDING FOR DEFINITIONS, 8 CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 9 DATE 10 11 WHEREAS from time to time the City's staff reviews its Code of Ordinances to 12 determine whether such ordinances may be made more efficient; and 13 WHEREAS, the City staff has reviewed Part 11, Chapter 2 of the Code of Ordinances 14 and determined that that a Docked Bike Share System should be implemented in the City; and 15 WHEREAS, upon the recommendation of staff, the City Commission deems it to be in 16 the best interest of the citizens and residents of the City to amend Part II, Chapter 2 of the Code 17 of Ordinances to add Section XIX to include a Docked Bike Share System. 18 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 19 CITY OF BOYNTON BEACH, FLORIDA,AS FOLLOWS: 20 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 22 true and correct and are hereby made a part of this Ordinance. 23 24 Section 2. Part 11, Chapter 2, "Administration" is hereby amended by creating a new 25 Article XIX, entitled "Requirements for City of Boynton Beach's Docked Bike Share Systems," 26 to read as follows: 27 28 Chapter 2 Administration 29 Article XIX. Requirements for City of Boynton Beach's Docked Bike Share Systems. 30 31 (a)Definitions. For purposes of this Section, the following words and phrases shall have the 32 following meanings: 33 34 (1) Agreement shall mean a nonexclusive agreement between a bike share operator and 35 the City of Boynton Beach as approved by the City Commission. 36 (2) Bike Share Station (or Station) shall include, but not be limited to the following 37 items located within a designated area: docking structure, kiosk, map display, 38 system bicycles or other equipment attached to and necessary for the facility's 39 operation. 1 Page 575 of 633 1 (3) Bike Share System (or System) shall mean an automated system in which bicycles are 2 made available for shared use via membership subscriptions or short-term rentals to 3 individuals who do not own them. As used herein, Bike Share System shall 4 specifically refer to a docked system wherein bikes are checked out and returned to 5 permanent docking stations. 6 (4) City shall mean the City of Boynton Beach. 7 (5) Customer shall mean any person using a bike share system. 8 (6) Kiosk shall mean the physical structure and housing for the automated payment 9 terminal at which users can access the bike share system with a membership card, 10 pay for a rental with a credit or debit card, and receive information about the bike 11 share system. 12 (7) Operator shall mean any entity that owns and/or operates a bike share system. 13 14 (b)Agreement Required. Operators must have a nonexclusive agreement approved by the City 15 Commission to lawfully operate a bike share system within the City. Agreements must comply 16 with the requirements set forth in this ordinance. 17 18 (c)Administrative Review for Dockless Use of Bike Share System. This ordinance specifies 19 requirements for docked bike share systems only. If an Operator or the City desires to use the 20 system or any of its bicycles on a"dockless" basis (i.e., bikes could be dropped off and picked 21 up at any location, outside of the permanent bike share stations), such a proposal would be 22 subj ect to administrative review. 23 24 (d) Operations. Operator shall be solely responsible for all costs and expenses to implement 25 and maintain the bike share system. 26 (1) Bike share systems shall provide bike sharing services and rentals at automated, self- 27 service kiosks. 28 (2) Bikes shall be GPS-enabled to allow Operators to track their locations. 29 (3) All pricing charged to the customer shall clearly explain structure for ride and time 30 period as well as fees for additional or overage periods. The maximum charge should 31 be clearly stated. 32 (4) Operators shall have a 24-hour customer service phone number for customers to 33 report safety concerns, complaints, or ask questions. 34 (5) Any inoperable bicycle, or any bicycle that is not safe to operate, shall be removed 35 from the system within 24 hours of notice, and shall be repaired before being put back 36 into service. 37 (6) Bike share systems shall include visible language within the Operator's mobile and 38 web application that notifies the customer that: 39 a. People on bicycles are encouraged to wear helmets. 40 b. People on bicycles must follow all traffic laws. 41 (7) Stations shall provide clearly posted reference to Bicycle Safety Laws (i.e., Florida 42 General Statutes 316.2065) 43 (8) Operators shallprovide the City with a current contact name and phone number for staff 44 that are capable of relocating and repairing bicycles. 45 (9) Operators shall provide data, records, and reports at the City's request, according to 46 terms specified in the Agreement. 2 Page 576 of 633 1 2 (e)Bicycles. All bicycles operated by a bike share system Agreement with the City shall: 3 (1) Meet the standards outlined in the Code of Federal Regulations (CFR)under Title 16, 4 Chapter II, Subchapter C, Part 1512 —Requirements for Bicycles, as amended. 5 Additionally, all bike share operators shall meet the safety standards outlined in ISO 6 43.150— Cycles, subsection 4210, as amended. 7 (2) Meet the requirements in Florida General Statutes 316.2065 (7)regarding lamps and 8 reflectors, and other state, federal, and local requirements. 9 (3) Have an emblem of the Operator, contact information including website and phone 10 number, and a prominently displayed unique identifier. 11 (4) Be high quality and sturdily built to withstand the effects of weather and constant use 12 for a minimum of five years. 13 (5) Accommodate a wide range of users. 14 (6) Be well maintained and in good riding condition. 15 16 (f)Insurance. The Operator shall provide and maintain such public liability and property damage 17 insurance for the entirety of any existing lease agreement(s)with the City to protect the City 18 from all claims and damage to property or bodily injury, including death, which may arise from 19 any aspect of the Agreement or its operation. Such coverage should be maintained, at a 20 minimum, in the amount of$1,000,000 per occurrence with an annual aggregate coverage of 21 $2,000,000. The Operator shall maintain a Commercial Automobile Liability insurance limit of 22 $1,000,000. The Operator shall secure Worker's Compensation coverage for any and all 23 employees and officers. Operator must secure coverage via insurers rated at least "A-, VI" or 24 better by the current A.M. Best Key Rating Guide, that are licensed to do business in the State of 25 Florida, and that have been approved by the City. Operator must provide the City with 26 Certificate(s) of Insurance evidencing the required coverages including language granting the 27 City Additional Insured status, excluding the Workers Compensation policy. 28 29 (g)Indemnification. As a condition of the Agreement, the Operator must agree to indemnify, 30 hold harmless and defend the City, its representative, employees, and elected and appointed 31 officials, from and against all liability, claims, damages, suits, losses, and expenses of any kind, 32 including reasonable attorney's fees and costs for appeal, associated with or arising out of or 33 from the Agreement, the use of ROW or city owned property for Bike Share Systems operations 34 or arising from any negligent act, omission or error of the Bike Share System's owner, managing 35 agent, its agents or employees or from the failure of the managing agent or owner, its agents or 36 employees, to comply with each and every requirement of this division or with any other federal, 37 state, or local traffic law or any combination of same. 38 39 (h)Docking Structures and Kiosks. All kiosks and docking structures shall be designed and 40 constructed to meet the Florida Building Code and to comply with all applicable laws and 41 regulations, including City sign regulations and community appearance regulations. All kiosks 42 must adhere to the aesthetic requirements of other structures located near the specific kiosk 43 location. The Operator shall maintain the kiosks, bicycles, and docking structures free of 44 graffiti and in good, clean working order and repair, including the daily removal of trash and 45 debris from the station area. 46 3 Page 577 of 633 I (i)Station Locations. Bike share stations shall only be placed in sites that are mutually agreed 2 upon by the City and Operator, and which are approved by the City. 3 4 (1) The Bike Share System's owner, managing agent or both, shall be responsible to 5 ensure that the following requirements are met during operation of the Bike Share 6 System: 7 a. For locations within City right-of-way, the Operator shall submit a City of 8 Boynton Beach right-of-way application to the Engineering Division, and for 9 locations on City property the Operator shall submit a minor site plan 10 modification and building permit application to the City's Planning and 11 Zoning Division and Building Department, respectively. The application shall 12 include a site plan for each bike sharing station location. Plans shall be to 13 scale and show the footprint and design of the station, existing roadway, 14 striping, signage, lighting, parking meters, and sidewalk for a distance of at 15 least 25 ft. beyond the limits of all sides of the bike sharing station location. 16 No installation, permanent or temporary, shall be performed without a valid 17 permit. City may request, upon thirty (30) days written notice to Operator, that 18 one (1) or more bike sharing station(s)be removed, relocated, and/or restored. 19 Operator shall make all reasonable efforts to comply with City's request for 20 the removal, relocation and/or restoration of bike sharing station(s)within the 21 time provided above. Upon removal of a station, the right-of-way shall be 22 restored by the Operator, at no expense to the City, to a condition equal to or 23 better than the condition at the time of installation. 24 (2) For locations on private or public property that is controlled or managed by an 25 entity other than the City, the Operator shall be responsible for obtaining all required 26 permits and approval from property owners. 27 (3) Operators shall provide the City with pictures of each location prior to commencing 28 construction of a Bike Share System or kiosk, such that the City may confirm 29 restoration to the original condition of the location after a Bike Share System or kiosk 30 is removed. 31 32 0)Performance Bond. Bike share operators shall provide the City with a performance bond in an 33 amount determined by the City to be sufficient to cover the obligations of the Operator under the 34 Agreement. The form of the bond shall be approved by the City and shall be executed by one or 35 more surety companies legally authorized to do business in the State of Florida. The bond shall 36 guarantee the performance of all the obligations of the bike share operator under the Agreement. 37 If an Operator increases the size of their fleet, the performance bond shall be adjusted 38 appropriately before deploying additional bicycles. 39 40 (k)Fleet Size. Operators shall state the desired maximum fleet size in the Agreement. The City 41 and Operator may agree to add additional bikes and/or stations ifit is determined and mutually 42 agreed that there are not enough bicycles or locations to meet demand. The City shall have the 43 authority to limit an Operator's fleet size with reasonable discretion to protect the safety of the 44 traveling public and integrity of the bike share system itself and entire transportation system 45 within the public way. 46 4 Page 578 of 633 1 (1)Restoration. After a Bike Share System is removed, the owner, managing agent or both shall 2 restore the right-of-way or city owned property to its original condition. 3 4 5 5 Page 579 of 633 12.C. LEGAL 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO 18-016 - FIRST READING -Approve Amateur Radio &TV Antennas (CDRV18-001) amending Chapter 3. Article V. Section 12 of the Land Development Regulations to update terminology, restrict the number of towers allowed, establish height limits and setbacks, while maintaining consistency with preemption regulations by the Federal Communications Commission (FCC). City-initiated. EXPLANATION OF REQUEST: This item was originally included within Ordinance 18-005, regarding telecommunications in Public Rights-of- Way and initially heard and approved on April 3rd. These amendments were removed from Ordinance 18-005 prior to adoption for further review and processing under a separate ordinance. 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 City Commission adopted Ordinance 18-005 on May 1, 2018 which amended the Code of Ordinances, Part 11 Chapter 25.1 Communications Facilities in Rights-of-Way, to implement the new regulations of the Act. Further amendments are necessary to Part I I I of the Land Development Regulations to avoid any conflict with the amendments in Ordinance 18-005 and to ensure consistency with Federal and State requirements. The proposed changes are intended to provide specific provisions for short wave radio communication systems pursuant to Federal Communications Commission's (FCC) PRB-1, the Amateur Radio Memorandum Opinion & Order. The Order prohibits local regulations from precluding amateur service communications; requires local governments to reasonably accommodate such communications; and limits local regulation systems to those that constitute the minimum practicable regulations to accomplish the state or local authority's legitimate purpose. The proposed amendments include changes to Section 12 of Chapter 3 to insert provisions for amateur radio towers and antennas. A summary of the proposed amendments are as follows: Section 12 -Amateur Radio and Television Antennas • Update code terminology consistent with the industry; • AIIowAmateur 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 • Establishing height standards for amateur radio systems including a maximum height of 60 feet (limited to periods of active use), and setting a maximum tower and antenna height when retracted (maximum of 15 feet higher than the roof peak); • 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 from the location, height, setbacks, and screening requirements applicable to the single-family residential districts. The Planning & Development Board reviewed this item at their meeting on March 27th and forwarded it with a recommendation for approval. Page 580 of 633 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Proposed Ordinance &Amendments D Staff Report Staff Report Page 581 of 633 ORDINANCE NO. 18- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III. "LAND DEVELOPMENT REGULATIONS," CHAPTER 3, "ZONING," ARTICLE V, "SUPPLEMENTAL REGULATIONS," SECTION 12, "SATELLITE EARTH STATIONS AND ANTENNAS" OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES; TO PROVIDE FOR THE RENAMING OF THE SECTION TO BE "AMATEUR RADIO AND TELEVISION ANTENNAS"; TO PROVIDE FOR REVISIONS RELATED TO THE REGULATIONS RELATED TO THE PLACEMENT OF AMATEUR RADIO AND TELEVISION ANTENNAS; PROVIDING FOR CITY COMMISSION AUTHORITY, CODIFICATION, SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the Florida Supreme Court held unanimously in City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006), that Article VIII, section 2(b) of the Florida Constitution and the Home Rule Powers Act, Florida Statutes § 166.021(3)(c), grant municipalities "broad authority to enact ordinances under its municipal home rule powers" and that "[u]nder its broad home rule powers, a municipality may legislate concurrently with the Legislature on any subject which has not been expressly preempted to the State"; and WHEREAS, the City of Boynton Beach has a substantial and significant public interest in regulating the siting of amateur radio and television antemias to promote the public health, safety, aesthetics, and general welfare; and WHEREAS, the City of Boynton Beach has a substantial and significant public interest in protecting residential areas and land uses from potential adverse impacts of amateur radio and television antennas; and WHEREAS, such public interest extends to protecting, preserving and maintaining the health, safety and welfare of the residents while also protecting, preserving and maintaining the aesthetic character of areas where the residents reside and do business; and WHEREAS,the City of Boynton Beach desires to avoid potential detrimental impacts to adjacent properties from antennas through engineering and careful siting; and WHEREAS, the City finds that this Ordinance will advance the public health, safety, and welfare, and help to preserve the unique and extraordinary aesthetic qualities of the City, all within the bounds of the Act and other state and federal laws governing communications facilities. {00228966.1 306-90018211 Page 582 of 633 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 2. Amendment of City Code. Part III, "Land Development Regulations," Chapter 3, "Zoning," Article V, "Supplemental Regulations," Section 12, "Satellite Earth Stations and Antennas" of the City of Boynton Beach Code of Ordinances be, and the same are hereby amended as provided in Exhibit "A", which is attached to this Ordinance, and hereby incorporated by reference (words that are stricken out are deletions; words that are underlined are additions). SECTION 3. Codification and Reservation of Rights. This Ordinance shall be incorporated into the Boynton Beach City Code. Any section, paragraph number, letter and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this ordinance and the City Code may be freely made. Adoption and codification of this ordinance does not waive the city's right to contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness of the Act or any part thereof and the city hereby reserves the right to contest and otherwise challenge the Act. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. SECTION 6. Effective date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all existing and future applications for permits. 100228966.1 306-90018211 -2.- Page 583 of 633 FIRST READING this day of 2018. SECOND, FINAL READING AND PASSAGE this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor—Steven B. Grant Vice Mayor— Christina L. Romelus Commissioner—Mack McCray Commissioner—Justin Katz Commissioner—Joe Casello VOTE ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) (00228966.1 306-9001821) _.3 Page 584 of 633 EXHIBIT "A" Section 12. SatetlTte Earth Stations "~�,-.a-Antennas. Amateur Radio and Television Antennas A. Types. FeF the pwpese Gf G'aFwfymRg regulations, satellite dish aRt8RRae are hereb Gube.. GFE)wp B aRt8RRae aro these that will not fit within a nnc (1) meter Gabe. first ehtainipg a permit frem the city. dE) RGt GGRf'iGt with aRy standards set forth OR this SeGtOG)R, iR WhiGh Gase this seGtien shall re Q Fees. AR appliGatiOR fee shall be payable to the Gity as adapted by FesolutffiOR of the ID. dens. 1. Ne exTeria�aatellFte dishhaa,rnteRna may he used far display or a.dve �nirp�g� resmdentlal rlistrist 7 ❑ertahle Group R satellite dish antennae are net allowed E. N9nGGPfGFMiPg. Satewnite dr'snant eRnaproperly p eFmotted pFi9r-to Apri�995 nompllapne with this sentinn F.A. Amateur Radio/Citizens'Band (CB) and Television (TV) Antennae. not eXGeed twenty-five (25) feet OR height, and Re fFeestandiRg aRteRRa may be GeRstFuGted maximum d*StF;Gt height regulation by ten (I Q) feet, but OR no iRstaRGe, may aR aRteRnae eXGeerl the roof height by mare thap fifteen (9 La feety 100228966.1306-9001821} -4- Page 585 of 633 L 1. _Purpose and Intent. The purpose and intent of this Section is to provide for the safe and effective installation and operation of amateur radio, citizens band radio, and television antenna support structures, and the beam, satellite, or other antennas installed on those support structures. It is also the purpose and intent of this Section to_provide for a reasonable accommodation of amateur (a.k.a. HAM) radio communications, in accordance with Parts 95 and 97 of Chapter 1 of Title 47 of the Code of Federal Regulations, while reflecting the City's legitimate interest in protecting and promoting the health, safety, welfare, neighborhood aesthetics, and morals of its citizens. 2. Applicability. Towers and antennas regulated by this section shall be considered accessory uses, allowed only in conjunction with a single-family and bwo- family dwelling, 3. Reasonable Accommodation. All amateur radio towers and antennas that do not meet the standards of this section are eligible for consideration through the reasonable accommodation process. 4. Number. A maximum of one (1) amateur radio/citizens band radio antenna tower and a maximum of one (1) television/ 8 antenna tower shall be allowed on a legally designated parcel, as indicated by the Palm Beach County Property Appraiser's records. -a-- t- 5. Height. a. Television and citizens' band broadcasting antennae may extend up to forty (40) feet in height, but in no instance may an antenna exceed the roof height (roof peak) by more than fifteen (15)feet. b. Amateur radio towers and antennas may be allowed up to a maximum of sixty (60)feet only when in use (also see section A.6.b below). 6. Additional Standards for Amateur Radio Towers. To minimize the visual impacts and hazards of antenna towers, towers for amateur radio communications shall be designed and stored as follows: a. Guy wires may only be used if not visible from the abutting roadway. b When not in use, towers and antennas shall be retracted or lowered to a minimum of 40 feet, but no greater than 15 feet above the roofline nearest to the tower. C. Towers shall be lowered to a ground-mounted position, and antennas removed upon notice from the weather service of a hurricane watch. The height of the lowered and anchored position shall be less than the setback distance from the adjoining property line. 7. Location. Amateur radio, citizens band, and television towers shall be located in the rear yard and shall not be located forward of the front building line or within an easement. Towers that extend 15 feet or less above the roofline may be located in an internal side yard: {00228966.1 306-9001921) -S - Page 586 of 633 8. Setbacks. a. Except where otherwise allowed in Section 12, Antenna support structures shall be located to comply with the district setback standards. If the existing setback of the principal structure is at or less than the minimum setback for the district, the tower may encroach up to 5 feet into the required setback. b. The support structure or any element thereof shall be set back a minimum of ten (10) feet from any easements. C. The antenna component of the communication system may encroach up to 5 feet into the minimum required setback. d. Antenna support structures shall be located on the property so as to provide adequate setbacks from above-ground utility power lines other than applicant's service lines as follows: (1) Setback a minimum distance equal to 50 percent of the height as calculated from grade to the highest point of the antenna support structure and its antenna; or (2) The owner shall submit a fall zone letter from a registered engineer certifying the design wind load and that the radius around the base of the tower potentially impacted by any possible failure in the tower is within the subject property and clear of any utility lines. 9. Permits. No amateur radio, citizens band radio, and television antenna support structures shall be installed or modified without first obtaining a permit from the city. 10. Nonconforming. Amateur radio, citizens band radio, and television antenna support structures properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed, or modified without bringing the entire installation into full compliance with this section. G. - Sate#ge Eagh Stations.Satellite dish antennae IRStall,8d W 6eFV8 e- 1 Height Ale port ref any satellite dish antenna installation may extend heye the peak of the Foof or height of the heFizental eave line E)f the uppeFmc)st floor of any SiRgle family or duplex hame. 7 G r$un R GCean �satell t2-� S�-a�teRnue shuanll he frpestandiRg, nroc,,rndbuildiRr g. r All Group R satellite dish ant nae all ho sore on a. r�eNNff��Zr e�lrcc�rrn-i�TceFlrrv� un-v�•.rvrceFl �rT thFee (3) sider, with IandSGape materials, or walls with !andSGap!Rg WhiGh are E)f a heigh equivalent to the total height of the mounted satellite dish {00228966.1 306-9001821) - 6- Page 6- Page 587 of 633 b. Lem e. Fer all Group B -aR,teRRaslot size With Zpninn rens ila#iGRS G. Multi family DwelliRg Units and NOR Fesidential DiStFiGtS. Satellite dish aRten IGGated withiR multi family and RGR486idBRtial diStFiGtS shall GGMPIY With thG fG"GWORg reg ila#ienc S Tr (1) hall require site plan Feview in annnr`#apne With w-c Ftinlo 11 CeG�n 2.F=.; II �-sizrvrc-rTv rr Group ��, 2\ IR multi family diStFin#�nI�i p�rt7r upp--B satellite height shall not eXGeed the maximum allewable height of the diStFiGt OR WhiGh it *6 leGat (3) A Grel ip B satellite rich n# na II ip nnmmerr•ial anr# cmcc-arm-£trrceflrru—iF-1 Starre��n�vnrrrrcivrar-ancr righ#_nf.way or residential dic#rin# (4) o ip 6 satellite dish an# nae whish ar ei�n d en a #ni �� nen e-r�,Tte��er and used fOF GGMmunmGatOE)R OR GORReGtiOR with the 9peFatiGR of a buSiRess shall provide FeSenahle cnreenin'v B. Satellite Dish Antennas 1. Applicability. All satellite dish antennas shall be governed by the standards of this Section unless exempted below or regulated as part of an amateur radio antenna. 2. Exemptions. In single-family residential zoning districts, satellite dish antennas 40 inches or less in diameter shall be exempt from these requirements. 3. Standards. A. Single-Family and Duplex Residential Districts. Satellite dish antennae that exceed 40 inches in diameter and are located within residential districts shall comply with the following regulations: (1) Number. A maximum of one (1) satellite dish antenna over 40 inches in diameter shall be allowed on a residential lot; (2) Location. Satellite dish antennas shall be mounted on the wall, ground, or a support structure in the side or rear yard and shall not be located on a wall facing the front property line or within an easement; (3) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line; {00228966.1 306-9001821} -7 - Page 7 - Page 588 of 633 (4) Screening. Satellite dish antennas, if located in the side or rear yard, shall be screened by an opaque fence or hedge; and, (5) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district. b) frillriW;Rg Feg latmORS• (1) Shall Fequire site plan review in annprdanno with Ghap}erT AFtmGIe 11,Se6ti^,GR 2.F.; p ^II (2) in ultifaami , dmGtr%j�Thi pno (1) GFoup Bsatellite visa antenna s allowed. The aRteRRa must b8 GGreeRed and shall Rot be IOGated eR th8 F90f. Its (3) A GFE)up R satellite „lith an} no , all in npmm al anal z21�i'ic-�v-�n�-rceFlrrcr-rC�SturrG��rrvvrrrrrreFGra' rano Rdu6trwal ZGRORg diStFiGtE, may not be IGGated OR a roof so that the dish is visible fFem a pub4e righ}_pf way eF r-eswdon}ial dio}rin} \ Group RrSdtelnlrite dish antennae whinh are MO„n}oapn art@1ivi e� FeaGGRahle enrooninry B. Multi-family Residential Districts. Satellite dish antennae located within multi-family districts shall comply with the following regulations: (1) Process. Shall require site plan review in accordance with Chapter 2, Article ll, Section 2.F.; (2) Number. Only one (1) satellite dish antenna is allowed per unit. (3) Location. The satellite dish antenna shall not be located on the roof. (4) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line; and, (5) Screening. Satellite dish antennas shall be completely screened from view of rights-of-way and adjacent residential districts by an opaque wall (including parapet walls), fence, or hedge, or combination thereof. (6) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district in which it is located; C. Non-residential and Mixed Use Districts. {00228966.1 306-9001921) -8- Page 589 of 633 Satellite dish antennae located within non-residential and mixed use zoning districts shall comply with the following regulations: (1) Process. Shall require site plan review in accordance with Chapter 2, Article II, Section 2.F.; (2) Location. Satellite dish antennas shall be wall, roof, or around mounted, and shall not be located in the front or side corner yard; (3) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line; (4) Screening. Satellite dish antennas shall be completely screened from view of rights-of-way and adjacent residential districts by an opaque wall (including parapet walls), fence, or hedge, or combination thereof; and, (5) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district in which it is located. 4. Nonconforming. Satellite dish antennas properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed, or modified without bringing the entire installation into full compliance with this section. (00228966.1 306-9001821) 9 - Page 590 of 633 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-021 TO: Mayor and Commissioners FROM: Kathleen Hatcher Senior Planner DATE: June 4, 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 amendments to Part 11 of the City Code of Ordinances, Chapter 25.1 "Communications Rights-of-Way" adopted by the City Commission on May 1, 2018 by Ordinance 18-005. On June 23, 2017 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 amendments to Code of Ordinances Part 11 Chapter 25.1 Communications Facilities in Rights-of-Way by Ordinance 18-005 are to 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 11 amendments, and to ensure compliance with FCC requirements. The proposed revisions to the LDR update and 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. Page 591 of 633 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. The WCF regulations are being amended to avoid conflict with WCF within public rights-of-way, regulated by Part II. Chapter 25-.1 as amended. Proposed revisions to 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 regulated in Ch. 13 of the LDR are 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); • 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 ensure no conflicts with Ordinance 18-005 Telecommunications in Public Rights of Way, adopted on May 1, 2018 in order to implement new state legislation known as the Advanced Wireless Infrastructure Deployment Act. These code amendments are also proposed to ensure that applications are acted upon consistent with state and federal law. Attachments -2 - Page 592 of 633 12.D. LEGAL 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO 18-017 - FIRST READING -Approve Wireless Communication Facilities (CDRV 18-001) amending Chapter 3. Article V. Section 13 of the Land Development Regulations to implement regulations consistent with State legislation known as the Advanced Wireless I nfrastructure Deployment Act that regulates WCF within public rights-of- way. City-initiated. EXPLANATION OF REQUEST: This item was originally included within Ordinance 18-005, regarding telecommunications in Public Rights-of- Way and initially heard and approved on April 3rd. These amendments were removed from Ordinance 18-005 prior to adoption for further review and processing under a separate ordinance. 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 City Commission adopted Ordinance 18-005 on May 1, 2018 which amended the Code of Ordinances, Part 11 Chapter 25.1 Communications Facilities in Rights-of-Way, to implement the new regulations of the Act. Further amendments are necessary to Part I I I of the Land Development Regulations to avoid any conflict with the amendments in Ordinance 18-005 and to ensure consistency with Federal and State requirements. The proposed amendments to Section 13 of Chapter 3 are summarized as follows: 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. The only revision made to the proposed regulations subsequent to the initial review was to the footnotes corresponding with Table 3-30. Said revisions to the footnotes simply cross-reference Chapter 25.1, and the amendments achieved by Ordinance 18-005. The Planning & Development Board reviewed this item at their meeting on March 27th and forwarded it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: Page 593 of 633 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Proposed Ordinance &Amendments D Staff Report Staff Report Page 594 of 633 1 2 ORDINANCE NO. 18- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING PART III. "LAND DEVELOPMENT REGULATIONS," 6 CHAPTER 3, "ZONING," ARTICLE V, "SUPPLEMENTAL 7 REGULATIONS," SECTION 13, "WIRELESS COMMUNICATION 8 FACILITIES" OF THE CITY OF BOYNTON BEACH CODE OF 9 ORDINANCES; TO PROVIDE FOR REVISIONS RELATED TO THE 10 EXCLUSION OF REGULATIONS RELATED TO THE PLACEMENT 11 OF WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC 12 RIGHTS OF WAY; PROVIDING FOR CITY COMMISSION 13 AUTHORITY, CODIFICATION, SEVERABILITY, CONFLICTS, AND 14 AN EFFECTIVE DATE. 15 16 WHEREAS, the Florida Supreme Court held unanimously in City of Hollywood v. 17 Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006), that Article VIII, section 2(b) of the Florida 18 Constitution and the Home Rule Powers Act, Florida Statutes § 166.021(3)(c), grant 19 municipalities "broad authority to enact ordinances under its municipal home rule powers" 20 and that "[ a ]nder its broad home rule powers, a municipality may legislate concurrently with 21 the Legislature on any subject which has not been expressly preempted to the State"; and 22 23 WHEREAS, the City of Boynton Beach has a substantial and significant public 24 interest in regulating the siting of communication towers, communication antennas, and 25 wireless communication facilities to promote the public health, safety, aesthetics, and 26 general welfare; and 27 28 WHEREAS, the City of Boynton Beach has a substantial and significant public 29 interest in protecting residential areas and land uses from potential adverse impacts of 30 communication towers, communication antennas, and wireless communication facilities; and 31 32 WHEREAS, such public interest extends to protecting, preserving and maintaining 33 the health, safety and welfare of the residents while also protecting, preserving and 34 maintaining the aesthetic character of areas where the residents reside and do business; and 35 36 WHEREAS, the City of B o y n t o n B e a c h desires to avoid potential detrimental 37 impacts to adjacent properties from wireless communication facilities through engineering 38 and careful siting; and 39 40 WHEREAS, the City finds that this Ordinance will advance the public health, 41 safety, and welfare, and help to preserve the unique and extraordinary aesthetic qualities of 42 the City, all within the bounds of the Act and other state and federal laws governing 43 communications facilities. 44 45 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF 46 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: {00228951.1306-9001821} 1 Page 595 of 633 47 48 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being 49 true and correct and are hereby made a part of this Ordinance. 50 51 SECTION 2. Amendment of City Code. Part III, "Land Development Regulations," 52 Chapter 3, "Zoning," Article V, "Supplemental Regulations," Section 13, "Wireless 53 Communication Facilities ("WCF"), of the City of Boynton Beach Code of Ordinances be, 54 and the same are hereby amended as provided in Exhibit "A", which is attached to this 55 Ordinance, and hereby incorporated by reference (words that are stricken out are deletions; 56 words that are underlined are additions). 57 58 SECTION 3. Codification and Reservation of Rights. This Ordinance shall be 59 incorporated into the Boynton Beach City Code. Any section, paragraph number, letter and/or 60 any heading may be changed or modified as necessary to effectuate the foregoing. 61 Grammatical, typographical and similar or like errors may be corrected, and additions, 62 alterations, and omissions not affecting the construction or meaning of this ordinance and the 63 City Code may be freely made. Adoption and codification of this ordinance does not waive 64 the city's right to contest or otherwise challenge the constitutionality validity, enforceability, 65 and effectiveness of the Act or any part thereof and the city hereby reserves the right to 66 contest and otherwise challenge the Act. 67 68 SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or 69 provision of this ordinance is for any reason held invalid or unconstitutional by any court of 70 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 71 shall be deemed a separate, distinct and independent provision, and such holding shall not 72 affect the validity of the remaining portions of this ordinance. 73 74 SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance 75 and any other ordinance or provision of law, this Ordinance controls to the extent of the 76 conflict, as allowable under the law. 77 78 SECTION 6. Effective date. This Ordinance shall become effective immediately upon 79 adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all 80 existing and future applications for permits. 81 82 FIRST READING this day of , 2018. 83 84 SECOND, FINAL READING AND PASSAGE this day of , 85 2018. 86 87 CITY OF BOYNTON BEACH, FLORIDA 88 89 YES NO 90 91 Mayor—Steven B. Grant 92 93 Vice Mayor—Christina L. Romelus 10022895 1.1 306-9001821} 2 Page 596 of 633 94 95 Commissioner—Mack McCray 96 97 Commissioner—Justin Katz 98 99 Commissioner—Joe Casello 100 101 102 VOTE 103 ATTEST: 104 105 106 107 Judith A. Pyle, CMC 108 City Clerk 109 110 111 (Corporate Seal) 112 113 114 115 {00228951.1 3C6-90018211 3 Page 597 of 633 EXHIBIT "A" PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 3. ZONING, ARTICLE V. SUPPLEMENTAL REGULATIONS, SECTION 13. WIRELESS COMMUNICATION FACILITIES (WCF) Section 13. Wireless Communications Facilities (WCF). WCF means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, or wireless data transmission/reception, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. WCF include developments containing new, mitigated, pre-existing antenna support structures, or co-location on existing antenna support structures, and include attached WCF, concealed WCF, and non-concealed WCF. A. General Provisions. 1. Purpose and Intent. The purpose of this ordinance is to establish minimum development standards for the regulation of commercial WCF and their related accessory equipment and buildings. The intent of this ordinance is the following: a. Promote the health, safety, and general welfare of the public by regulating the siting of WCF; b. Control placement of WCF in a way that minimizes the visual impact to nearby properties by locating them in areas where the impact on the community is minimal; c. Implement the provisions of the Telecommunications Act of 1996 at a local level; and d. Maximize the opportunity for the shared use of new and existing WCF through co- location, in order to reduce the number of new WCF needed to serve the community. 2. Administration. The Director of Planning and Zoning or designee shall be responsible for the overall coordination and administration of this section. 3. Applicability. Except as otherwise specifically provided herein, the installation, construction, or modification of proposed and existing WCF shall be subject to the regulations of this section. However, WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part II, Chapter 25.1, as amended. 4. Exemptions. The following are exempt from the provisions of this section: a. Noncommercial Antennas and Satellite Earth Stations. Noncommercial amateur radio antennas and satellite eafffi stafie„ dish antennas are subject to the provisions of Section 12 of this article. {00228951.1 306-9001821} 4 Page 598 of 633 b. City-owned WCF on Public Property or Right-of-Way. If this section would prohibit City-owned WCF from being located at a specific site, and WCF are required to protect the public welfare or safety, the applicable criteria of this section may be exempted by the City Commission, except as otherwise required by Florida Statutes. In such cases the Commission shall make a finding of fact indicating the justification for the exemption. c. Temporary Facility. (1) State of Emergency. Temporary, commercial WCF, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the City Manager, except that such facilities must comply with all applicable federal and state requirements. Said WCF may be exempt from these provisions up to sixty(60) days after the duration of the state of emergency. (2) Special Event. Temporary, commercial WCF, utilized in conjunction with coverage of a special event, except that such facilities must comply with all applicable federal and state requirements. Said WCF may be exempt from these provisions up to one(1) week after the duration of the special event. d. Radio and TV Broadcasting. Antenna support structures, antenna, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the FCC shall be regulated in accordance with the Use Matrix of Chapter 3, Article IV, Section 3.C. as an industrial service use. 5. Terms and Definitions. See Chapter 1, Article fI for all applicable terms and definitions which pertain to the regulations and standards contained herein. B. General Standards. Where allowed as provided in Table 3-29 (Zoning Districts and Affiliated Process) herein, the following development regulations shall apply to all new, mitigated, co-located, or combined wireless facility installations. 1. Pre-Existing WCF. Any WCF which legally existed prior to the effective date of this ordinance are considered pennitted nonconforming uses and structures, and shall be deemed pre-existing WCF. Additions to or enlargement of any pre-existing nonconforming WCF shall be required to comply with this section and shall be governed as follows: a. Routine Maintenance. To encourage the use of existing facilities, such nonconfonning status shall not prevent the routine maintenance on nonconforming WCF, or prohibit the placement, modification or relocation of any antenna on any such WCF. b. Modifications. Despite any provision of this section to the contrary, the City may allow nonconforming WCF to be repaired, reconstructed, replaced, or increased in height upon a demonstration by the applicant that the new or modified WCF complies (00228951.1 306-9001821} 5 Page 599 of 633 with the current regulations to the maximurn extent practicable, while achieving an overall public benefit in terms of the provision of services. 2. Additional Uses on Lot. WCF may be located on a leased parcel of a conforming lot containing a lawful principal use. Separation between WCF and other uses on the lot may be required to ensure compatibility. 3. District Height Limitations. The requirements set forth herein shall govern the location of WCF that exceed, and antennas that are installed, at a height in excess of the building height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to WCF regulated by this section, and WCF shall not require an exception to the building height limitations. 4. Equipment Cabinets. Cabinets and equipment shelters may be provided within the principal building, behind an approved screen on a rooftop, or on the ground within the fenced-in and screened equipment compound, or mounted on the pole of an attaehed AIGF within a ,.;& of way, depending on the type of WCF. Cabinets and equipment shelters shall not be visible from pedestrian views and shall be fenced and screened as required below. a. Storage. Equipment shelters shall not be used for the storage of any excess equipment or hazardous waste (e.g., discarded batteries). Mobile or immobile equipment not used in direct support of WCF shall not be stored or parked on the site of WCF, unless on a temporary basis while repairs are being made to WCF. No outdoor storage yards shall be allowed in WCF equipment compounds. b. Unmanned. Equipment shelters shall be unmanned and not used as habitable space. 5. Equipment Compound Enclosure. All equipment compounds on the ground, with the exception of concealed attached stealth WCF integrated into the architecture of a building, shall, at a minimum, be enclosed with a fence eight (8) feet in height. To effectively screen the equipment compound in residential districts and in any district where the equipment compound is visible from a public right-of-way, the enclosure shall consist of a masonry wall eight (8) feet in height, constructed in accordance with the community design standards (see Article I11, Section 3.E.). For public safety, access to WCF shall be through a locked gate. 6. Landscaping. Landscaping around the perimeter of ground equipment shall consist of a landscaped strip wide enough to accommodate trees, shrubs, and a fence or wall enclosure installed around the outside of the entire equipment compound. The general landscape standards shall be consistent with those of Chapter 4, Article 11, Landscape Design and Buffering, Section 4.A (City-Wide Standards), except that the shrubs are required to be a minimum of three (3) feet in height at the time of installation. Water-wise trees with a minimum of four (4) caliper inches shall be spaced every twenty (20) feet on center within the landscape strip. Additional landscaping may be required around the perimeter of a wall {00228951.1 306-9001821 6 Page 600 of 633 or use of a screening fabric around the perimeter of a fence to maximize compatibility with adjacent properties. An alternative design may be allowed with respect to proposed buffering components, tree spacing, and plant material, provided that such alternate landscape plan is approved in accordance with Chapter 4, Article 11, Section 5 (Alternate Compliance). Irrigation, maintenance, and replacement of required landscaping shall be the responsibility of the owner of the WCF. On City-owned properties, required WCF landscaping shall be maintained by the City or its designated landscape contractor, and the owner of the WCF shall be required to pay an annual landscape maintenance fee to the City. 7. Parking. A minimum parking space requirement for WCF is not required, however access to WCF must be provided, and temporary off-street parking as part of a principal use on site may be utilized. 8. Signage. Except as otherwise permitted in this ordinance, no signage, lettering, symbols, images, or trademarks in excess of 200 square inches shall be placed on or affixed to any part of a WCF, antenna, equipment building, or security fencing other than as required by FCC regulations or other applicable law. Warning signs of ":ATO TRESPASSING' and "HIGH VOLTAGE — DANGERW' shall be installed at least five (5) feet above the finished grade of the fence or wall and shall not be obstructed by landscaping. 9. Lighting. Except as otherwise permitted in this ordinance, no signals, lights or illumination of any kind shall be pennitted on or directed toward any WCF unless required by the FCC, the FAA, or other appropriate public authority. Any security lighting for on- ground facilities and equipment shall be in compliance with Chapter 4, Article VII (Exterior Lighting Standards) of the LDR. 10. Generators. Generators may not be used as a primary electrical power source for a WCF. Generators may be used for temporary power prior to receipt of a CO and not to exceed thirty (30) days. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Any and all generators used for WCF shall control the noise level by use of a silencer or other device that will reduce the noise level to no more than 70 decibels. All generators or alternators used on site shall use propane fuel. Subject to the approval by the Director of Utilities and the Director of Development, the use of diesel powered emergency generators may be permitted where more than three (3) providers have co-located on a WCF. 11. Structural Standards. WCF and their equipment compounds shall be constructed and maintained in conformance with the Florida Building Code, specifically Chapters 15, 16, and Section 3108 for construction and design loads. WCF shall be designed to resist wind loads in accordance with TIA/EIA-222, the federal standards for Steel Antenna Towers and Antenna Supporting Structures. In addition, all accessory equipment buildings, cabinets, or structures, or modifications to WCF shall require building permits and inspections. Design documents for towers, antennas and other structures required to meet wind loads shall bear the raised seal and signature of an engineer licensed and registered in the State of Florida. 100228951.1 306-9001821} 7 Page 601 of 633 All work such as clearing and grading, driveway construction, and installation of WCF and enclosure shall be permitted in accordance with the applicable sections of the LDR. 12. Hazardous Location. WCF are prohibited when a proposed or existing principal use or uses within two hundred (200) feet of a proposed WCF includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous wastes, including but not limited to, LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals, unless the City Fire Marshal determines that the proximity of the WCF does not pose any danger or risk of explosion or fire or unless used for backup power purposes. C. Attached WCF. Attached WCF are an antenna or antenna array that are secured to an existing building or structure with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure, ^r attaehed to t1til ty r��o� within a r-igh4 of<, a Attached WCF are considered to be an accessory use to the existing principal use on a site. 1. Concealed Attached WCF. Concealed attached WCF, sometimes referred to as camouflaged facilities, are WCF, including their ancillary structures or equipment compounds, that are not readily identifiable as such, and are designed to be aesthetically compatible with existing and proposed buildings and uses on a site. Examples include, but are not limited to the following: screened antennas that blend with and are incorporated into existing architectural features of a building such as a church steeple, bell tower, clock tower, or cupola. WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part Il, Chapter 25.1, as amended. a. Height. WCF shall only be allowed on buildings at least forty (40) feet in height, not to exceed more than fifteen (15) feet above the roofline. b. Setbacks. WCF shall be located within the buildable area of the lot and not within the front, rear, or side yard building setbacks, and subject to the setbacks of the underlying zoning district. When located on a nonconforming building or structure, then the existing nonconforming setback shall apply. c. Design. Feed lines and antennas shall be designed to architecturally match the fagade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture. Existing conforming building element structures (excluding towers) in excess of 50 feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure is the same height and substantially the same in appearance as the structure it replaces. d. Ground Equipment. Equipment buildings shall not exceed a total of 500 square feet and shall not exceed eight (8) feet in height. (00228951.1 306-9001821} 8 Page 602 of 633 e. Rooftop Equipment. Rooftop equipment shall not occupy more than 25% of the roof area and shall comply with the exterior building and site design standards (see Chapter 4, Article III, Section 3.A.9). 2. Non-concealed Attached WCF. Non-concealed attached WCF are wireless communication facilities that are readily identifiable as such. Examples ;.-hide aftte„„as -11 nz�e hed to t4ility poles and fteestafiding li,,.Aing within a publie fight of way. a. Location. WCF shall be allowed on City-owned real property opo„*,.;,, utility poles li& standards, such as existing ball park light poled ,,,heFe the applicant has an subjeEtright of way ^r „r^„ert�F,,-subject to approval of the City ageney designee-and/er- the "� Arty- eempa y;, or on privately-owned property. WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part II, Chapter 25.1, as amended. b. Height. WCF shall only be attached to poles 50 feet or more in height, provided that the total length of any antenna does not exceed 10% of the height of the existing pole. The total height shall be determined by the highest point of any and all components of the structure, including antennas. e. Equipment Cabinets. Equipment eabinetsorrempatind for- (;F under—this D. Freestanding WCF. Freestanding WCF are any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. WCF include, but are not limited to the following: stealth, monopole, guyed, or lattice antenna support structures. 1. Generally. a. Determination of need. No new or mitigated WCF shall be permitted unless the applicant demonstrates that no existing WCF within applicant's coverage area can accommodate the applicant's proposed use; b. Co-location. All new or mitigated WCF up to 80 feet in height shall be engineered and constructed to accommodate no less than two (2) antenna arrays. All WCF between eighty-one (81) feet and one hundred (100) feet shall be engineered and constructed to accommodate no less than three (3) antenna arrays. All WCF between one hundred one (101) to one hundred fifty (150) feet shall be engineered and constructed to accommodate no less than four(4) antenna arrays. c. Separation. A minimum separation distance of 750 feet shall be required between proposed and existing freestanding WCF. A waiver or reduction of separation distance {00228951.1 306-9001821} 9 Page 603 of 633 between WCF may be approved by the City Commission based upon the inability to co- locate on existing structures, the need to have more than one (1) WCF, or the efficient use of available land within permitted zoning districts. The decision shall be based upon a finding of compatibility and competent and substantial evidence that the waiver request meets one or more of the following criteria: (t) Locational requirements/limitations as established by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) or the Public Service Commission(PSC), if any; (2) Identification of a more appropriate site that does not meet the separation requirements above, by analysis of factors such as distance from residential uses, existence of permanent screening and buffering, and location within a large area of commercial or industrial use; (3) To avoid the location of a tower on environmentally sensitive land, a wilderness area, a historical site, or other sensitive area; or (4) To reduce the impact on adjacent residential uses. d. Design. New antenna support structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. e. Clearing and Grading. Clearing and grading shall be minimized and limited only to the area necessary for the new WCF and done in accordance with city regulations. f. Access. Each site shall have access from an improved right-of-way provided by a driveway approved by the City. The driveway shall extend from the street to an appropriate location on the premises where a vehicle would need to be parked to facilitate normal maintenance of the facility. g. Height. Maximum height shall be measured from ground level to the highest point of the WCF, including any antenna. Height limit shall exclude lightning rods or lights required by the FAA that do not provide support for antennas. h. Safety. All support structures shall comply with the requirements of the Florida Building Code and safety standards contained in the Electronics Industries Association/ Telecommunications Industries Association (EIA/TIA) document 222-F, "Structural Standards for Steel Antenna Towers and Supporting Structures," as amended. i. City's Option to Co-locate. The City shall have the option, through an agreement with the owner of the WCF, to co-locate emergency/public safety equipment on any proposed non-concealed freestanding WCF within the City's jurisdiction, provided that the co-location of antennas does not interfere with the normal operation of approved WCF. Reserved space on new non-concealed freestanding WCF, including reserved 100228951.1 306-9001821} 10 Page 604 of 633 ground space for equipment, shall be required for future City co-location, and shall be noted on plans. 2. Concealed Freestanding WCF. Concealed freestanding WCF, sometimes referred to as stealth facilities, are WCF (including their ancillary structures, or equipment compounds) that are not readily identifiable as such, and designed to blend into the surrounding environment and be aesthetically compatible and in proportion with existing and proposed buildings and uses on a site. WCF sometimes have a secondary, obvious function such as a flagpole, light pole, or tree. a. Residential districts. In residential districts, as indicated on Table 3-29 herein, new WCF shall only be permitted on lots with a minimum lot size of one (1) acre, containing only non-residential uses, including but not limited to, schools, churches, fire stations, parks, and other public property. b. Height. Height shall be according to the zoning district in which WCF is located. (1) In all residential districts as indicated on the Tables in this Section, the maximum height shall be limited to 25 feet above the maximum building height of the zoning district. (2) In the PU and REC districts, the maximum height shall be limited to 100 feet. (3) In all commercial districts, the maximum height shall be limited to 30 feet above the maximum building height of the zoning district. (4) In all mixed use districts, the maximum height of concealed freestanding WCF shall be limited to the approved building height or a total of 70 feet, whichever is less. (5) In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID, the maximum height shall be limited to 100 feet, if located less than 1,000 feet from a residential use, and 150 feet if located if located in excess of 1,000 feet from a residential use. c. Setbacks. In all zoning districts where allowed, WCF shall be set back one-half the height of the antenna support structure from all property lines. However, in all instances, the minimum setback distance from the property line of any residentially zoned property or the boundary of a residential component within a mixed use pod, shall be at least one and one-half (1.5) times the height of the entire proposed WCF structure. d. Design. WCF shall be designed to blend into the surrounding environment and be aesthetically compatible and in proportion with building mass and existing features or landscaping on site. X00228951.1 306-9001821) 11 Page 605 of 633 3. Non-concealed Freestanding WCF. Non-concealed freestanding WCF are those facilities that are readily identifiable as such, and include, but are not limited to, the following: guyed, lattice, or monopole antenna support structures. a. Antenna support structure. WCF shall be limited to monopole type antenna support structures, unless the applicant demonstrates that such design is not feasible to accommodate the intended users. b. Height. The maximum height shall be limited to a total of one hundred (100) feet. However, the maximum height may exceed 100 feet, but shall not exceed 150 feet, if the subject WCF is located within an M-1 or PID zoning district, and located in excess of 1,000 feet from a residential use. c. Setbacks WCF and their equipment compounds shall be subject to a minimum setback distance equal to the height of the proposed antenna support structure. However, the minimum setback distance shall be at least two (2) times the height of the WCF structure from the property line of any adjacent residential use. In REC and PU districts, the minimum setback distance shall be three (3) times the height of the WCF structure from the property line of any adjacent residential use. d. Design. (1) Antenna support structures shall maintain a galvanized gray finish or other approved compatible color, except as required by federal rules or regulations. (2) New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. 4. Mitigation of Existing WCF. Mitigation is a modification to an existing antenna support structure to increase the height, or to improve its integrity, or to replace or remove one or several antenna support structures located in proximity to a proposed new antenna support structure, in order to encourage compliance with this section or improve aesthetics or functionality of the overall wireless network. a. Determination of Need. WCF mitigation shall accomplish a minimum of one of the following: reduce the number of WCF; reduce the number of nonconforming WCF; replace existing WCF to reduce visual obtrusiveness; or replace existing WCF with new WCF to promote greater co-location opportunities or improve network functionality, resulting in compliance with this ordinance. b. Height. The height of WCF approved for mitigation shall not exceed the maximum height limitations of this section based on the type of WCF and the zoning district. Replacement WCF with an increased height shall require City Commission approval. (00228951.1 306-9001821} 12 Page 606 of 633 c. Setbacks. New WCF approved for mitigation of existing WCF shall be constructed on site within close proximity to existing WCF at the same or greater setbacks than previously established. All proposed accessory equipment buildings shall comply with established setbacks for existing WCF without increasing nonconformity. d. Buffers. At the time of mitigation, equipment compounds shall be brought into compliance with the screening and buffer requirements of this section. e. Design. Mitigated antenna support structures shall comply with the provisions herein to reduce nonconforinity and minimize adverse effects on the landscape and adjacent properties, with specific design considerations as to WCF type, height, scale, color, texture, and architectural design of the buildings on the same and adjacent lots. i 5. Antenna Element Replacement or Repair. Any repair or replacement of an existing antenna or antenna array with another of like size and shape that will not alter the structural integrity of the support structure, shall be exempted from further review provided that a notarized certification shall be submitted by a qualified technician stating that the replacement will not alter the structural integrity of the support structure, and that any changes will not affect the electrical specifications. 6. Co-location. Co-location means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached WCF using different and separate antenna, feed lines and radio frequency generating equipment. a. Height. Co-located or combined WCF shall not increase the height of an existing antenna support structure. b. Setbacks. (1) Ground equipment to be located in conjunction with co-location shall comply with the setback requirements depending on the type of WCF, and zoning district in which it is located. (2) Co-location of antenna on WCF approved prior to this ordinance may locate proposed accessory equipment buildings within existing equipment compound enclosures, provided the minimum established setbacks of existing WCF are met. c. Design. New antenna mounts shall be flush-mounted onto existing WCF, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. d. Buffers. At the time of installation of additional equipment to WCF, the equipment compound shall be brought into compliance with the screening and buffer requirements of this section. 100228951.1 306-9001821) 13 Page 607 of 633 TABLE 3-29. Zoning Districts and Affiliated Process. Non- Non- Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location a WCF 1 WCF 2 WCF 4 WCF 4 WCF 7 Replacement R-1 CC 3 AD AD AD R-2 AD CC 3 AD AD AD R-3 AD AD I CC 3 AD AD AD PUD AD AD CC AD AD AD IPUD AD AD CC 3 AD AD AD MHPD CC 3 AD AD AD 4 C-1 AD CC AD AD AD C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD sMU AD AD CC AD AD AD MU-L-1 AD AD CC AD AD AD MU-L-2 AD AD CC AD AD AD MU-L-3 AD AD CC AD AD AD MU-4 AD AD CC AD AD AD MU-H AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Legend: AD-Administrative(Staff)Approval CC-City Commission(Public Hearing)Approval Blank-Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of 40 feet in height, not to exceed 15 feet above the roofline. 2 Non-concealed attached WCF are allowed on„*a,*„poles and freestanding lights. .ithi, ^ publie right of.. subjeet to agreemen+ with the agency r-epFesentative with jurisdietion ever the right of way andlor the utifit� private property or publicly-owned property, excluding public rights-of-way which are regulated by Part 1I of the City's Code of Ordinances, Chapter 25.1 as amended. 3 Concealed Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use(school,church) 4 A minimum separation of 750 feet is required between freestanding WCF. Freestanding requires conditional use approval. In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID,the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use,and 150 feet if located in excess of 1,000 feet from a residential use. 5 Only when located on City-owned property of two (2) acres or more. 6 Restricted to a maximum height of 100 feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 100228951.1306-9001821) 14 Page 608 of 633 7 Replacement WCF with increased height requires public hearing approval. 8 Administrative approval unless on City-owned site and the lease requires each Tenant to have a separate lease with City(each lease requires City Commission approval as a lease amendment), or the lease requires written consent letter(City Commission consent agenda). Zonine Distriets• l Sin&Falnts�et3t'^�C 2 Ne:,.i.�.^� (head C^'mneroial SMT Suburban Mixed Us *2 Duplex E 3 GommuRityz,,..me..^:^, NAU L I Mi;ied_I Isp r^ WensityT MU L 3 Mixed Use Low Intensity-3 UPUD hnfiflfl PI-anned Unit Development PCD Planned Commereial Development MU HNfixed Use High 1 61}ir2e P�eiessienal PU Pub lie.Usage A4 i Light indust TABLE 3-30. Maximum Heights of WCF Non- Non- Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location WCF WCF WCF WCF WCF Replacement R-1 55' 3,4 7 7 7 R-2 2 55' 3,4 7 7 7 R-3 1 2 55' 3,4 7 7 7 PUD 1 2 75' 3,4 7 7 7 IPUD 1 -2 75' 3,4 1 7 7 7 MHPD 55' 3,4 7 7 7 C-1 2 55' 4 7 7 7 C-2 2 55' 4 7 7 7 C-3 1 2 75' 4 7 7 7 C-4 2 75' 4 7 7 7 CBD 1 2 130' 4 7 7 7 PCD 1 2 75' 4 7 7 7 REC 1 2 100' 4 100' 4,5,6 7 7 7 PU 2 100' 4 100' 4,5,6 7 7 7 SMU 1 2 70' or less 4 7 7 7 MU-L-1 1 2 70' or less 4 7 7 7 MU-L-2 2 70' or less 4 7 7 7 MU-L-3 2 70' or less 4 7 7 7 MU-4 2 70' or less 4 7 7 7 MU-H 1 2 70' or less 4 7 7 7 PID 1 2 100-150' 4 100-150' 4 7 7 7 M-1 1 2 100-150' 4 100-150' 4 7 7 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of 40 feet in height, not to exceed 15 feet above the roofline, and exclude public rights-of-way which are regulated by Part II of the City's Code of Ordinances,Chapter 25.1 as amended. . 2 Non-concealed attached WCF are allowed only on iatil ty poles and f eest ndin. lights that are @ ''i^^ 4-0 feet in he t. with jur-isdietion ever-the right of way and/or-the utility eaWaia�q er-en existing ball park ligh poles that are more than 50 feet in height,excluding in public rights-of-way which are regulated by Part II of the City's Code of Ordinances, Chapter 25.1 as amended. . The total length of any antenna shall not exceed 4-5 10 percent of the height of the existing utility h pole. {00228951A 3o6-9001821} 15 Page 609 of 633 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use (school, church, etc.). Maximum height is limited to 25 feet above the maximum building height of the zoning district. 4 A minimum separation of 750 feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID,the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located in excess of 1,000 feet from a residential use. In all mixed-use districts height is limited to approved building height or 70 feet whichever is less. 5 Only when located on City-owned property of two(2)acres or more. 6 Restricted to a maximum height of 100 feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. TABLE 3-31. Setbacks and Separation Between WCF Non- Non- Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location WCF WCF WCF WCF WCF Replacement R-1 I 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 I C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PFJ 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU-L-1 1 2 3,4 6 7 MU-L-2 1 2 3,4 6 7 MU-L-3 1 2 3,4 6 7 MU-4 1 2 I 3 4 6 7 MU-H 1 2 3,4 6 7 PID 1 2 3,4 4, 5 6 7 M-1 1 2 3.4 4, 5 6 7 Footnotes: 1 Concealed attached WCF shall be subject to the setbacks of the underlying zoning district. When located on a nonconforming building or structure, then the existing nonconforming setback shall apply. Excludes location in public rights-of-way which are regulated by Part 1I of the City's Code of Ordinances, Chapter 25.1 as amended. . 3A'GF shall be designed and leeated in sueh a manner-as to ne�in4er-fere with the subjeot right of way e tilizatioa. Non-concealed attached WCF are allowed on utility poles and freestanding lights [00228951.1 306-9001821) 16 Page 610 of 633 within a public right of way, su-bj ect to agreement with the agency r-epr-eseatative with jur-i sdiction over-i .-igkt of way andlor- the util' rivate property or publicly-owned property, excluding public rights-of-way which are regulated by Part II of the City's Code of Ordinances,Chapter 25.1 as amended. 3 Concealed freestanding shall be set back one-half the height of the antenna support structure from all property lines, however, in all instances the minimum setback from the property line or the boundary of a residential component within a mixed-use pod, shall be at least one and one-half(1.5) times the height of the entire proposed WCF structure. 4 A minimum separation distance of 750 feet between proposed and existing freestanding WCF is required. 5 Nonconcealed freestanding WCF and their equipment compounds shall be subject to a minimum setback distance equal to the height of the proposed antenna support structure. However, the minimum setback distance shall be at least two (2) times the height of the WCF structure from the property line of any adjacent residential use. In REC and PU districts, the minimum setback distance shall be three (3) times the height of the WCF structure from the property line of any adjacent residential use. 6 New WCF approved for mitigation of existing WCF shall be constructed on site within close proximity to existing WCF at the same or greater setbacks than previously established. All proposed accessory equipment buildings shall comply with established setbacks for existing WCF without increasing nonconformity. 7 Ground equipment to be located in conjunction with co-location shall comply with the setback requirements depending on type of WCF, and zoning district in which it is located. E. Submittal Requirements. A completed application and filing fee with all required documents as specified on the application checklist, including but not limited to, signed and sealed site plans, antenna support structure elevations, and landscape plans shall be submitted to the Planning and Zoning Division. F. Approval Process. 1. Pre-application Meeting. Prior to leasing or purchasing facilities, the WCF service provider is required to meet with the Director of Planning and Zoning or designee to determine the type of approval process, and to review the merits of potential locations. 2. Administrative Approval. The approval of WCF subject to administrative review as identified in Table 3-29 shall be processed as a minor site plan modification in accordance with Chapter 2, Article II, Section 2.F.7.c. If the Director of Planning and Zoning or designee determines that the application and documentation fail to meet the intent of this ordinance, the City may, in writing, deny the request. Applicants who have been denied a request for a WCF may formally appeal such denial to the City Commission in accordance with Chapter 1, Article VIII. 3. City Commission Approval. Approval of WCF subject to City Commission public hearing review as identified in Table 3-29 shall be processed in accordance with Chapter 2, Article I, Section 4. 4. Review Criteria. The WCF shall comply with the regulations and requirements of this section. Notwithstanding compliance with the aforementioned, for WCF applications requiring public hearings, the City Commission shall also consider the following: a. Height of the proposed WCF; 100228951.1 306-9001821} 17 Page 611 of 633 b. Nature of use(s) on adjacent and nearby properties; c. Surrounding tree coverage and foliage; d. Design of the WCF, particularly with respect to design attributes having the effect of reducing or eliminating visual obtrusiveness; and e. Proposed ingress and egress. 5. Conditions of Approval. In granting an approval, the City may impose conditions necessary to minimize any adverse effect of the proposed WCF on adjoining properties. G. Publicly-Owned Property. 1. Agreements. If an applicant requests a permit to locate a WCF on City-owned property ,A,itl i a Git y right of wa , the permit granted hereunder shall not become effective until the applicant and the jurisdiction have executed a written agreement or lease in a form acceptable to the City Attorney setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the jurisdiction will be granted, and releasing the City from all liability regarding WCF. 2. Occupancy or Use. No permit granted under this section shall convey any exclusive right, privilege, permit, or franchise to occupy or use the publicly-owned sites of the jurisdiction for delivery of telecommunications services or any other purpose. a. No permit granted under this section shall convey any right, title or interest in the public lands, but shall be deemed a pen-nit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as a conveyance of a title interest in the property. H. Interference with Public Safety WCF. Whenever the City has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more WCF, the following steps shall be taken: 1. Notification. The City shall provide notification to all WCF service providers operating in the jurisdiction of possible interference with the public safety communications equipment. Upon such notification, the owners shall use their best efforts to cooperate and coordinate with the City and among themselves to investigate and mitigate the interference if the WCF owner is operating outside of its FCC frequencies. 2. Reimbursement. If any WCF owner is operating outside of its assigned FCC frequencies, or if the FCC makes a determination that the WCF is operating outside of its frequencies and causing_ radio frequency interference with the City public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference due to operating outside of its licensed frequencies shall be t00228951.1 306-9001821} 18 Page 612 of 633 responsible, upon FCC determination of radio frequency interference, for reimbursing the City for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. I. Annual Registration and Certification. WCF owners shall file annually with the Director of Planning & Zoning or designee a declaration as to the continuing operation (with active antennas) of their facilities located within the City. Said declaration shall include a listing of all WCF users, names, and mailing addresses, and any additional information deemed appropriate by the City. 1. Continued Structural Integrity. Within sixty(60) days following a catastrophic act of God or other emergency that affects the structural integrity of the antenna support structure, a certification of continued structural integrity (i.e., a statement that a thorough and complete inspection of WCF was conducted and WCF and ancillary facilities are and will continue to perform as originally designed), certified by a qualified and licenses professional engineer, shall also be filed with the Director of Planning &Zoning or designee. 2. Failure to File. Failure to timely file either the annual declaration or the certification shall mean that WCF is deemed to be abandoned, unused, or unsafe, thus subject to removal. J. Removal of Abandoned, Unused, or Unsafe WCF. The intent and purpose of this subsection is to address the compelling public interest in ensuring that WCF are promptly disassembled, dismantled, and removed once they are no longer used. There may be substantial risk that WCF may cease being used in large numbers if there is a concentration or consolidation of competitors within the industry or if even newer technologies arise, obviating the need for antenna support structures. WCF that are abandoned or unused for a period of one hundred twenty (120) days shall be removed as follows: 1. Notice of Abandonment. WCF owners shall submit a copy of the "Notice of Intent to Abandon" required by the FCC to the Director of Planning and Zoning or designee, and remove its own equipment, including but not limited to the antenna support structure, antennas, generators, and service facilities or cabinets, within ninety (90) days of the cessation of use. WCF owners shall return the site to its natural state, or consistent with the current use of the land at the time of removal; or 2. Notice of Different Provider. WCF owners shall notice the Director of Planning and Zoning or designee that the provider's obligations for its equipment in the right-of-way or public easement or private property under this section have been lawfully assumed by another provider who will make actual use of the WCF within thirty(30) days; or 3. Proposal for Transfer to City. WCF owners shall submit to the Director of Planning and Zoning or designee a proposal and instruments for transferring ownership of its equipment to the City. If a provider proceeds under this clause, the City may, at its option: 100228951.1 306-9001 M1} 19 Page 613 of 633 a. Assume ownership of the equipment for a ten ($10.00) dollar nominal consideration to provider; or b. Require the provider, at provider's expense, to remove it; or c. Require the provider to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment. Equipment of a provider who fails to comply with the preceding sentence and which for six (6) months remains unused shall be deemed abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies and rights has at law or in equity, including but not limited to, (1) abating the nuisance, (2) taking possession of the equipment and restoring it to working condition, or (3) requiring removal of the equipment by the provider or by the provider's surety under any required maintenance bond ro ,-ed by the Godo „rO.din neer 4. Exeeptions. WGF used for- other- > ineluding but net limited to, and power- poles, may be exempt from this provision, subjeet to the r-equir-ement that all .� ient eilreept the antenna suppoft stmettwe itself be removed or- abandoned as set fe K. Inspection. The City reserves the right to require additional inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions. Inspections shall be conducted by a registered engineer. Based upon the results of an inspection, the Building Official may require repair or removal of the WCF. Should the City have reason to believe WCF is not in compliance with applicable building and electrical codes, the City may conduct periodic inspections of the site to ensure structural and electrical integrity. 100228951.1 306-90018211 20 Page 614 of 633 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-021 TO: Mayor and Commissioners FROM: Kathleen Hatcher Senior Planner DATE: June 4, 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 amendments to Part 11 of the City Code of Ordinances, Chapter 25.1 "Communications Rights-of-Way" adopted by the City Commission on May 1, 2018 by Ordinance 18-005. On June 23, 2017 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 amendments to Code of Ordinances Part 11 Chapter 25.1 Communications Facilities in Rights-of-Way by Ordinance 18-005 are to 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 11 amendments, and to ensure compliance with FCC requirements. The proposed revisions to the LDR update and 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. Page 615 of 633 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. The WCF regulations are being amended to avoid conflict with WCF within public rights-of-way, regulated by Part II. Chapter 25-.1 as amended. Proposed revisions to 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 regulated in Ch. 13 of the LDR are 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); • 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 ensure no conflicts with Ordinance 18-005 Telecommunications in Public Rights of Way, adopted on May 1, 2018 in order to implement new state legislation known as the Advanced Wireless Infrastructure Deployment Act. These code amendments are also proposed to ensure that applications are acted upon consistent with state and federal law. Attachments -2 - Page 616 of 633 12.E. LEGAL 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Approve proposed settlement and authorize payment of $200,000.00 to settle the case of Gail Jenkins and Leon I Jenkins v City of Boynton Beach v Mortgage Electronic Registration Systems with the additional terms set forth below. EXPLANATION OF REQUEST: Plaintiffs filed a Complaint alleging negligence, gross negligence, trespass, conversion and inverse condemnation against the City related to the demolition of an unsafe structure located at 132 W. Martin Luther King Blvd. The City filed a counterclaim for the lien placed on the property for demolition costs. This case is set for trial on July 16, 2018. The parties attended mediation and the Plaintiffs made this offer to resolve the matter. The City and the Plaintiffs have reached a tentative agreement to settle this case for $200,000 in exchange for clear title to the property to be transferred to the City and a complete release of all claims. Approval of this proposed settlement by the Commission is requested. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City does not admit liability by agreeing to any settlement. FISCAL IMPACT: Budgeted If the Commission rejects the Plaintiff's settlement offer additional defense and trialcosts are estimated to be$30,000- 40,000. The time and indirect costs (such aslost productivity) for City staff who arerequired to attend trial(estimated 2-3 days)is an additional factor for consideration. ALTERNATIVES: Reject Plaintiff's settlement offer, return this matter to the Court to reset a trial date, and incur additional defense expenses of approximately $30,000- 40,000. This alternative also presents the usual risks associated with allowing a judge to control the outcome of a case, which could result in additionalcosts to the City (judgment or appeal) should the judge rule in favor of the Plaintiffs. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 617 of 633 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 618 of 633 12.F. LEGAL 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-009 - SECOND READING - PUBLIC HEARING -Approve proposed Ordinance amending Chapter 15, Article VI 11, Chronic Nuisance Property Code to clarify certain sections. EXPLANATION OF REQUEST: On June 6, 2017 the Commission passed Ordinance 17-012 on Second Reading. Since that time, City staff has reviewed the ordinance and identified areas of the ordinance to be streamlined and clarified. The proposed revisions to the ordinance are in the best interest of the health, safety, and welfare of the citizens and residents of the City and furthers the City's interest in creating a partnership with property owners to address chronic nuisance activities in the community. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Through a combined effort between City departments, a partnership will be created with owners to address the negative results caused by chronic nuisance activities and address excessive calls for service to the Police and Fire Departments. FISCAL IMPACT: Non-budgeted ALTERNATIVES: Reject the proposed ordinance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 619 of 633 ATTACHMENTS: Type Description D Ordinance Ordinance amending Chronic Nuisance Page 620 of 633 I ORDINANCE NO. 18-- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 15, ARTICLE VIII, 5 "CHRONIC NUISANCE PROPERTY CODE";PROVIDING FOR 6 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 7 EFFECTIVE DATE. 8 9 WHEREAS, on June 6, 2017 the City Commission repealed and replaced Ord. No. 10 06-096,§ 2,adopted January 2, 2007,replaced it with Ord. 17-012,§§ 1-7,and renamed 11 it the Chronic Nuisance Property Code; and 12 WHEREAS,following implementation of the Chronic Nuisance Property Code, City 13 staff identified elements which needed clarification; and 14 WHEREAS,the City Commission, deems it appropriate and in the best interests of 15 the health,safety and welfare of the citizens and residents of the City of Boynton Beach to 16 amend the Chronic Nuisance Property Code. 17 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 18 OF BOYNTON BEACH, FLORIDA,THAT: 19 Section 1. The foregoing 'Whereas" clauses are true and correct and 20 incorporated herein by this reference. 21 Section 2. Article VIII, of Chapter 15 of the City's Code of Ordinances is hereby 22 amended as follows: 23 Section 15-112 Definitions 24 25 26 27 28 (4g) Chronic nuisance property.A property on which one or more continuing nuisance 29 activities occurs or re-occurs. 30 (ch) Chronic Nuisance Services. Remedial action(s) taken by the City to eliminate or 31 mitigate a nuisance condition that threatens public health, safety, or welfare. (00226455.1306-9001821)S:\CA\Orditiances\Chronic Nuisance Ordinance Amendment-May 2018(00226455xc4b6a).DOCX Page 621 of 633 32 (cl Corrective Actio the 33N, isance AbatemcnUugreemen e nd a-Erhowo ad end 4, - ,ed_IQv -Le ner trss a _b- 34 elimingie puigignce activthown iry )n e prop Q-------- hrullementation of 35 nroactive stens by the ppEropjLgy—owner. 36 (d) Nuisance activity. Nuisance activity or nuisance means any activities relating to the 37 following violations, whenever engaged in by the property owner, operator, agent, 38 tenant, or invitee of the property owner, operator, agent or tenant: 39 40 26.Two (2) or more calls for service within a period of thirty (30) calendar days to 41 the same property for police, fire, medic, eF4Aw-F emergency personnel, or 42 Citv Dersonnel to assist an individual who displays the symptoms of an overdose4 43 of a controlled substance. 44 (e) Nuisance Abatement Agreement.An agreement entered into between the City and 45 property owner that contains an "Aet �4an_CorrectiveAction Plan" to be 46 implemented by the property 47 owner to address and abate the nuisance activity. 48 49 (h) Pattern of nuisance activity. Real property shall be deemed to exhibit a pattern of 50 nuisance activity when: 51 (1) The pehee-depaFtmentM has responded to three or more nuisance activities at 52 the property within 30 days; or 53 (2) The p-1— depaftmentL&has responded to seven or more nuisance activities at 54 the property within six months; or 55 56 57 58 (00226455.1306-9001821)S:�CA\Ordinanr,es\Chronic Nuisance Ordinance Amendment-May 2018(00226455xc4b6a),DOCX 2 Page 622 of 633 59 Section 15-113 Construction and application. 60 (a) Pattern of nuisance activity will not be construed to include: 61 (1) A nuisance activity where the property owner, operator,agent,tenant, or invitee 62 of the property owner, agent or tenant is the victim of a crime; or 63 (2) A complaint or call for service to which the police depar-tmen City responded and 64 determined that no violation was committed. 65 (3) A Domestic violence call. 66 Section 15-114 Separate occurrences. 67 (a) For purposes of this article, each 4aytime (instance l that the peltee 68 depaTt4nentQjy responds to a nuisance activity at the property shall be a separate 69 occurrence. 70 Section 15-115 Declaration of Chronic Nuisance Ac�tl 71 Plan 72 . . . 73 (c) A Nuisance Abatement Agreement shall set forth a Aetion-14anCorrective coon_ la 74 with specific measures that the property owner must take to curtail or eliminate the 75 re-occurrence of nuisance activities at the property. The Nuisance Abatement A-+.- D1-- 76 Agreement shall contain a timetable for corrective action. The.' H I 1—Corrective 77 Action Plan may include abatement measures which must be taken by the property 78 owner such as: 79 (1) Commencement of an eviction action by the property owner pursuant to Chapter 80 83 Florida Statutes to remove from the property those individuals engaged in the 81 nuisance activity; 82 (2) Implementation of "crime prevention through environmental design" (OPTED) 83 measures; 84 (3) Frequency of site visits and inspections by the owner or owner's agents atvarious 85 times of both day and night; (00226455.1 306-90018211S:\CAlOrdinances%Chronic Nuisance Ordinance Amendment-May 2018(00226455xc4b6a).DOCX 3 Page 623 of 633 86 (4) Hiring of property management; 87 (5) Hiring of private security; 88 (6) Installation of security cameras; 89 (7) Use of a written lease agreement which delineates prohibited tenant or tenant 90 invitee conduct; 91 (8) Criminal background checks for prospective tenants and lease renewals; 92 (9) Rase erator ust ost "no trespassing" signs at the property and 93 emecutio-nexecute of a "no trespass affidavit" authorizing the police department 94 to act as an agent of the property owner to enforce trespass statutes on the 95 property; 96 (10) RegulaFThe erator ust make re alar requests to the police and fire 97 departments for offense and incident reports relating to the property. Reports 98 are available through the feeord&-ewAodian--G�� records 99 division; 100 (11) Written documentation of any and all efforts to curtail or eliminate the re- 101 occurrence of nuisance activities on the property; 102 (12) Other action that the City determines is reasonably sufficient to curtail or 103 eliminate the re-occurrence of nuisance activities on the property. 104 105 (g) If the City determines during the monitoring period that the Ac-�'� �forrectkve 106 Action Plan is not adequate to curtail or eliminate the re-occurrence of nuisance 107 activities on the property, the City may require the property owner to revise the 108 Action--NanCorr active Action Plan. The determination as to whether or not the 109 meniterin"efied CorrdiveAction Plan is adequate is in the sole and exclusive 110 discretion of the City, based on the totality of the circumstances for the specific III property. 112 (00226455.1306-9001921)S:1CA\Ordinances\Chronic Nuisance Ordinance Amendment-May 2018(00226455xc4b6a),DOCX 4 Page 624 of 633 113 . 114 0 . . 115 (b) A request for hearing shall be filed by the Director of Community Standards or 116 designee with the City within 15 days from the deadline for entry into a Nuisance 117 Abatement Agreement or the violation of a provision of the Agreement or 118 PUnCorrective Action Plan. 119 (c) The City shall schedule a hearing before the City's Special Magistrate. The hearing 120 shall be limited to the review of the record or evidence upon which the City based the 121 Declaration of Chronic Nuisance or the failure by the property owner implement the 1122 ree e t ctio 124a Correc ive Action Planand any rebuttal offered by the 123 property owner. All testimony shall be under oath and the City and property owner 124 shall be afforded the opportunity to call or cross-exam any witness. 125 (f) After hearing the testimony and evidence, the Special Magistrate shall either uphold 126 or reject (i) the City's Declaration of Chronic Nuisance or (ii) the notice of violation 1127 regarding the Aetion-111anCorrective Action Plan as appropriate. 128 . . , 129 Section 15-117.5in title to chronic nuisance property. 130 (a) Purchase at judicial sale upon final judgment of foreclosure. Every purchaser of a 131 chronic nuisance property at judicial sale upon final judgment of foreclosure shall 132 provide the City with an "ctio a o e ive Action-Plan aimplement an Action 133 PlanCorrective Action Plano later than 45 days from e date of sale. 134 (b) Receivership. Every trustee of a chronic nuisance property appointed after the entry 135 of a chronic nuisance service order shall provide the City with an Action 136 XanCorrective Action flan and implement the Corrective Aftion Plan no 137 later than 45 days from the date of appointment of receiver in any state or federal 138 action at law. 139 (c) Probate. Every personal representative of an owner of a chronic nuisance property 140 shall provide the City with an Aega ' orrec °ve ction la and implement aff (00226455.1306.9001021)S:1CA\OrdinanceslChronic Nuisance Ordinance Amendment-May 2018(00226455xc4b6a).DOCX Page 625 of 633 141 Aetien-PlanCorrective Action Plan no later than 45 days from the date of appointment. 142 If the owner of the chronic nuisance property died intestate, beneficiaries of the 143 estate shall be required to provide the City with aCorrective-Action Plan 144 and implement aorrective Action-Plan. 145 (d) Other changes in title to chronic nuisance property. An arms-length purchaser of a 146 chronic nuisance property that has purchased the property after entry of a chronic 147 nuisance service order for the property shall have 45 days from the date of closing or 148 recording of the order, whichever occurs last, to provide the City with a proposal to 149 release or modify a Nuisance Abatement Agreement or Corrective Action 150 Plan. Until such time as the City agrees to release or modify an Agreement, the 151 Agreement shall be enforceable as provided herein. 152 153 Section 3. City Staff is authorized to take all steps necessary to effectuate the 154 intent of this ordinance. 155 Sc Linn 4. All Ordinances or parts of Ordinances, Resolutions or parts of 156 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 157 conflict. 158 Section S. Should any section or provision of this Ordinance or any portion 159 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 160 not affect the remainder of this Ordinance. 161 5CCtion 6. It is the intention of the City Commission of the City of Boynton 162 Beach that the provisions of this Ordinance shall become and be made a part of the Code 163 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may 164 be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", 165 "Article" or such other word or phrase in order to accomplish such intention. 166 Section-7, This Ordinance shall become effective upon adoption. 167 168 FIRST READING this®day of 2018. 169 170 {00226455.130&900182])5:1CA\Ordinances\Cbronic Nuisance Ordinance Amendment-May 2018(00226455xc4b6a).DOCX 6 Page 626 of 633 171 SECOND, FINAL READING AND PASSAGE this day of ,2018. 172 173 CITY OF BOYNTON BEACH, FLORIDA 174 175 YES NO 176 177 Mayor—Steven B. Grant 178 179 Vice-Mayor— Christina L. Romelus ISO 181 Commissioner — Mack McCray 182 183 Commissioner—Justin Katz 184 185 Commissioner—Joe Casello ........... 186 187 188 VOTE 189 ATTEST: 190 191 192 193 Judith A. Pyle, CMC 194 City Clerk 195 196 197 198 (Corporate Sea]) 400226455.1 306-9001821IS:\CANOrdinanccs\Chronic Nuisance Ordinance Amendment-May 2018(00226455xc4b6a).DOCX 7 Page 627 of 633 13.A. FUTURE AGENDA ITEMS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City-Wide program- July 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 628 of 633 13.B. FUTURE AGENDA ITEMS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 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 629 of 633 13.C. FUTURE AGENDA ITEMS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Commissioner 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 630 of 633 13.D. FUTURE AGENDA ITEMS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 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 631 of 633 13.E. FUTURE AGENDA ITEMS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Discuss possibility of trolley service within the City - 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 632 of 633 13.F. FUTURE AGENDA ITEMS 6/19/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/19/2018 REQUESTED ACTION BY COMMISSION: Commission wants to discuss public safety as it relates to the Town Square Redevelopment- 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 633 of 633