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Agenda 08-21-18 The City of wr Boynton Beach y City Commission Agenda Tuesday, August 21 , 2018, 5:00 PM Chambers - City Hall 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.boynton-beach.org Page 1 of 528 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & 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& 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 528 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation by Doug Hams from the Church of Latter Day Saints. Pledge of Allegiance to the Flag led by Commissioner Romelus Roll Call A private-attorney/client closed-door session will be held on August 21st, 2018 commencing at 5 pm to discuss pending litigation in the case of SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants —Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Proclaim August 31, 2018 as National Overdose Awareness Day. B. Announcement by Andrew Mack, Director of Public Works and Engineering, regarding moving dates and temporary locations of City Hall, Police Station, and Library due to the Town Square Project. C. Announce early voting for the August 28th Primary Election being held from Monday, August 13th through Sunday, August 26th at the Boynton Beach Civic Center. The polls are open from 10 a.m. to 6 p.m. each day. D. Announce September Commission Meetings: • Thursday, September 6, 2018, Regular Commission meeting and First Public Hearing on the FY 18/19 Budget; • Special Commission meeting on Tuesday, September 11, 2018 at 6:OOpm prior to the CRA meeting to consider a Final Fire Assessment Rate Resolution; and • Thursday, September 20, 2018, Regular Commission meeting to include Final Millage Adoption and Final Public Hearing on the FY 18/19 budget. All to be held at Intracoastal Park Clubhouse E. Recognize the significant military accomplishments of Master Sergeant Tanitra Lee, a life-long resident of the City of Boynton Beach. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE Page 3 of 528 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments &Appeals: 1 Reg and 2 Alts Planning & Development Bd: 1 Alt Senior Advisory Bd: 1 Alt 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. R18-115- Delegate authority to South Central Regional Wastewater Treatment and Disposal Board (SCRWTB) to place bonds in the amount of $15,500,000 to fund the five year capital improvement plan required to upgrade the facility and add 6.0 MGD of permitted treatment capacity. B. PROPOSED RESOLUTION NO. R18-116 - Approve Release of Unity of Title for BTS South as part of the Town Square project. C. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ended June 30, 2018. D. Accept the written report to the Commission for purchases over $10,000 for the month of July 2018. E. Legal Expenses - June 2018 - information at the request of the City Commission. No action required. F. Approve the minutes from City Commission meeting held on August 7, 2018. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of Water Meters and Equipment with Sensus Metering Systems as a Sole Source vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus's Flex Net System. Items will be ordered on an "as needed" basis for the estimated annual expenditure of$175,000. B. Approve the purchase of 5 Mobile Diesel Generators from TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor for the sum of $315,978,48, utilizing pricing of the national Sourcewell Contract #120617-KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approved JR Watersports Expansion (COUS 18-003 / MSPM 18-005) request for Conditional Use and Major Site Plan Modification for the expansion of the abutting business, including refurbishing of an existing 2,413 square foot building and associated site improvements on 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. Applicant: Michael Wood. 9. CITY MANAGER'S REPORT A. Discuss procedure for Commission members to place matters on a City Commission agenda. Page 4 of 528 10. UNFINISHED BUSINESS A. Discussion concerning providing an opportunity for the public to bring dogs to Oceanfront Park for a "special' day at the beach at which dogs will be allowed off leash and have access to the water. This proposal will provide staff an opportunity to determine the best way to safely allow dogs on the beach at Oceanfront Park and determine if it is an activity that should be expended. 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18-117- Authorize the Mayor to sign an Interlocal Agreement with Town of Hypoluxo for the City to continue to provide Fire-Rescue services to the Town for the period of October 1, 2018 thru September 30, 2025. 12. LEGAL A. PROPOSED ORDINANCE NO. 18-019 - FIRST READING - City Commission to consider amending Part 11, Chapter 2, Article I of the Code of Ordinances to create a new subsection prohibiting board member lobbying. (TABLED - STAFF RECOMMENDS ITEM REMAIN TABLED) B. PROPOSED ORDINANCE NO. 18-020 - FIRST READING - PUBLIC HEARING - Approve amendments to the regulations governing the methodology used for approving the Utility rates governing water, wastewater (Chapter 26-9), reuse water (Chapter 26-508), and the stormwater assessment fee (Chapter 26-403); allowing rates to be set annually by resolution of the Commission. (TABLED TO SEPTEMBER 6, 2018 DUE TO ADVERTISEMENT ISSUES) C. PROPOSED ORDINANCE NO. 18-016 - SECOND 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. (TABLED - STAFF RECOMMENDS ITEM REMAIN TABLED) D. PROPOSED ORDINANCE NO. 18-017 - SECOND 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. (TABLED -- STAFF RECOMMENDS ITEM REMAIN TABLED) E. PROPOSED ORDINANCE NO. 18-021 — FIRST READING - An ordinance amending Chapter 10, section 10-30 of the City Code approving a rate increase in residential single family and multi-family garbage rates for fiscal year 2018-19, 2019-20 and 2020-21. 13. FUTURE AGENDA ITEMS A. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- TBD B. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park C. 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 14. ADJOURNMENT NOTICE Page 5 of 528 IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXIL ARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. 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 6 of 528 1.A. OPENING ITEMS 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation by Doug Hams from the Church of Latter Day Saints. Pledge of Allegiance to the Flag led by Commissioner Romelus Roll Call A private-attorney/client closed-door session will be held on August 21st, 2018 commencing at 5 pm to discuss pending litigation in the case of SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA 005668XXXX M B 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: Page 7 of 528 Is this a grant? No Grant Amount: Page 8 of 528 2.A. OTHER 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 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 528 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Proclaim August 31, 2018 as National Overdose Awareness Day. EXPLANATION OF REQUEST: Dedicated to creating a wave of awareness through education in our communities and providing peer support for those affected by Substance Use Disorder. 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 10 of 528 Proclamation WHEREAS, addiction is an American Medical Association defined disease and the stigma associated with addiction must be addressed so that no one feels shame or disgrace over a legal or illegal dug poisoning (overdose);and WHEREAS, drug poisoning (overdose) is the number one cause of injury deaths in the nation with an accidental drug overdose death occurring every 11 minutes,surpassing deaths from motor vehicle accidents or gun homicides;and WHEREAS,according to the Center for Disease Control and Prevention 63,510 people died in the United States as a result of drug poisoning(overdose)or 174 per day during 2017;and WHEREAS,according to the Florida Medical Examiners Commission, there were 3,234 accidental deaths in the State of Florida during 2017 caused by a prescription drug poisoning(overdose)representing a 48 percent increase over the previous year;and WHEREAS,the City of Boynton Beach remains committed to raising awareness in order to combat stigma and educate our community about prescription drug poisoning(overdose)prevention; NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 31s' day of August Two Thousand Eighteen as: NATIONAL OVERDOSE AWARENESS DAY And urge all residents to learn about this disease and to aid and support those that are affected by it. IN WITNESS WHEREOF, I have hereunto se my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 21s'day of August,Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A.Pyle,CMC City Clerk 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Announcement by Andrew Mack, Director of Public Works and Engineering, regarding moving dates and temporary locations of City Hall, Police Station, and Library due to the Town Square Project. EXPLANATION OF REQUEST: It is important for the public to know that as the City undergoes the Town Square redevelopment project, City departments will be moving out of their current buildings and relocating to temporary spaces until the project is complete. The following customer-oriented service departments' move dates, occupy dates, and temporary locations are as follows: Customer Service Closing: August 10 Opening: August 13 Location: 209 N. Seacrest Blvd. Development/Permitting Closing: August 31 Opening: September 4 Location: 3301 Quantum Blvd. Police Department- Records/I nternal Affairs Closing: September 23 Opening: September 24 Location: 209 N. Seacrest Blvd. City Library Closed: July 12 Opening: August 13 Location: 115 N. Federal Hwy. A complete list of all the City department moves and temporary locations is available on the City's website at Boynton-Beach.org/Town-Square. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The public will be kept informed of the moving dates and temporary locations through public communications that will include water utility inserts, social media posts, website, flyer/postcard distribution (public facilities, events, programs, code compliance and police personnel), email distribution, signage and press releases. For public inquiry/comments, an email (TownSquare@bbfl.us) has been created. In addition, there is an inquiry/comment submission form on the website. A dedicated phone line has also been established. Page 12 of 528 FISCAL IMPACT: Budgeted ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: Redevelop Downtown STRATEGIC PLAN APPLICATION: Town Square is a major redevelopment project within Downtown Boynton. CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 13 of 528 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Announce early voting for the August 28th Primary Election being held from Monday, August 13th through Sunday, August 26th at the Boynton Beach Civic Center. The polls are open from 10 a.m. to 6 p.m. each day. EXPLANATION OF REQUEST: Florida Statutes 101.657(1)(a) states, "The supervisor may also designate any city hall, permanent public library facility, fairground, civic center, courthouse, county commission building, stadium, convention center, government-owned senior center, or government-owned community center as early voting sites; however, if so designated, the sites must be geographically located so as to provide all voters in the county an equal opportunity to cast a ballot, insofar as is practicable." HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Accommodations are made by staff to facility voting for all citizens. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 14 of 528 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Announce September Commission Meetings: • Thursday, September 6, 2018, Regular Commission meeting and First Public Hearing on the FY 18/19 B udget; • Special Commission meeting on Tuesday, September 11, 2018 at 6:00pm prior to the CRA meeting to consider a Final Fire Assessment Rate Resolution; and • Thursday, September 20, 2018, Regular Commission meeting to include Final Millage Adoption and Final Public Hearing on the FY 18/19 budget. All to be held at Intracoastal Park Clubhouse 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 15 of 528 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Recognize the significant military accomplishments of Master Sergeant Tanitra Lee, a life-long resident of the City of Boynton Beach. 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 Other Citation Page 16 of 528 d 3 Citation y WHEREAS, Master Sergeant Tanitra K. Lee, was born and raised in Boynton Beach Florida, attended schools in Boynton Beach and entered.the United States Air Force in May 2001. Master Sergeant Lee reported to her first duty station in Osan Air Base, South Korea, serving as an apprentice. She administrated, coordinated issues regarding quality of life improvement. She was a vital asset during squadron exercises in the Damage Control Center. She was assigned to Andrews Air Force Base,and was instrumental in tackling 2 major snow/ice storms,controlling and clearing 8.8 million square feet and enabling zero delays to the President of the United States mission. Selected for special duty with the Air Force Office Special Investigations as a Facility Manager at Quantico Marine Corps Base. Master Sergeant Lee is now the Operations Engineering Superintendent for the 22nd Civil Engineer Squadron, McConnell Air Force Base. She is responsible for steering the management of inputting and tracking to maintain $3.3 billion in base facilities and infrastructure. She also oversees 7 Wing contracts valued at $2.2 million to ensure quality of service for base wide populace. Master Sergeant Lee earned her �= Associates degree in Maintenance Production Management (2009), Bachelor's degree in Homeland Security(2012),PMC (2017)and will receive her Master's Degree in 2019. Master Sergeant Lee has been deployed in support of several campaigns:IRAQI FREEDOM,ENDURING FREEDOM and Joint Task Force HORN OF AFRICA. Master Sergeant Lee has received several Non- Commissioned Officers awards; the Major General Eugene A. Lupia Military Technician of the Year, Volunteer of the Quarter and the Kansas Servicewoman of the Year award. NOW THEREFORE,1,Steven B.Grant,Mayor of the City of Boynton Beach,Florida,do hereby recognize Master Sergeant Tanitra K. Lee For her Military Achievements �s 4' IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida to be affixed at Boynton Beach Florida the 21 da f August,Two Thousand Eighteen. Yn Y o � g i. SII Steven B. Grant,Mayor ATTEST: h � Judith A.Pyle,City Clerk ..m, .:, ,...� ....... . ®.... m �.._ .u�.. .�, y Page 17 Ofi...528..,; 5.A. ADMINISTRATIVE 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 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: 1 Reg and 2 Alts Planning & Development Bd: 1 Alt Senior Advisory Bd: 1 Alt EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 18 of 528 ATTACHMENTS: Type Description D Other Appointments D Other Bonnell,, K Application D Other Bconi, B D Other De\Ain Application Page 19 of 528 APPOINTMENTS AND APPLICANTS FOR AUGUST 21, 2018 Arts Commission II McCray Alt 2 yr term to 12/19 Tabled (2) III Romelus Alt 2 yr term to 12/19 Applicants None Building Board of Adjustments and Appeals II McCray Alt 2 yr term to 12/19 Tabled (3) III Romelus Alt 2 yr term to 12/19 Tabled (2) IV Casello Reg 3 yr term to 12/18 Tabled (2) Applicants None Planning and Development Board it McCray Alt 2 yr.term to 12/18 Tabled (2) Applicants Kalina Bonnell Thomas Devlin Boni (Butch) Buoni Senior Advisory Board IV Casello Alt 2 yr term to 12/19 (Tabled (3) Applicants None Page 20 of 528 lli , Shia la From: kalib <noreply@123formbuilder.io> Sent: Tuesday, March 27, 2018 4:37 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/27/2018 Name Kalina Bonnell Gender Female Phone number 404-290-6792 Address 3504 SE 2nd St Boynton Beach FL 33435 United States Email kalib@dpr.com Current occupation or,if project Manager, Commercial Healthcare Construction retired, prior occupation Education Bachelors Degree, Auburn University Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business within City limits? NO If "yes",name of business: Are you currently serving - on a City board? No ; Have you served on a City cp board in the past? ' ° If",yes",which board(s) and when? Have you ever been ,4 NOrV convicted of a crime? "��" '' If yes",when and where? l Advisory Board Planning&Development Board Personal Qualifications 10 years experience in Commercial Construction, Design-Build Commercial Construction, and Master Plan Development for long term Healthcare Clients. My current role within the Construction Industry is related to healthcare construction, project management, strategic planning, permitting, and budgetary control. I focus on big picture long tern goals and fill in strategic deeper dive planning on specific projects. My innate planning skillsets with 1 Page 21 of 528 Construction background make me an excellent candidate for the Planning& Development Board of Boynton Beach. I've lived in Boynton Beach for four years. I am passionate about positive development of Boynton Beach. Professional Memberships LEED BD&C, ABC (Construction), Women in Construction Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein 'i are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 96.75.75.254(United States)at 2018-03-27 15:37:12 on Internet Explorer 11.0 Entry ID:263 Referrer:www.boynton-beach.org/boards-and-committees Form Host:www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 22 of 528 Ili , S axia From: Butch.Buoni <noreply@123formbuilder.io> Sent: Monday, August 06, 2018 4:50 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 08/06/2018 Name Boni (Butch) Buoni Gender Male Phone number 706-993-8598 Address 450 Horizons E. #304 Boynton Beach Florida 33435 United States Email Butch.Buoni@Gmail.com Current occupation or, if president of an 840 unit Condominium Association retired, prior occupation Education Some college and numerous military schools and courses Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If"yes", name of business: Are you currently serving No on a City board? <" Have you served on a City No board in the past? If"yes",which board(s) and when? nn "' O Have you ever been i@yv No ZD convicted of a crime? If"yes",when and where? Advisory Board Planning & Development Board Personal Qualifications Retired U.S. Army Helicopter Pilot School Trained Instructor Pilot. Maintenance, Safety, Standardization, Nuclear, Biological & Chemical Officer. Retired Real Estate Broker(GA &VA) Member of the VA Peninsula B.O.D. i Page 23 of 528 Former member of Community Development Committee,National Association of Realtors. Chair of the State Community Redevelopment Committee, Virginia Association of Realtors. Chair of the Community Redevelopment Committee and the Governmental Affairs Committee for the Virginia Peninsula Association of Realtors. Retired GA School Bus Driver/Trainer Maintenance Volunteer for The Loxahatchee National Wildlife Refuge. Additional Info available on Request Professional Memberships Life Member, Disabled American Veterans Life Member, National Rifle Association Life Member of the U.S. Army Warrant Officers Association and Past President of Two Chapters. Past President of two Chapters of the Army Aviation Association of America. Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 96.91.122.62(United States)at 2018-08-06 15:49:35 on Internet Explorer 11.0 Entry ID: 287 Referrer:www.boynton-beach.org/boards-and-committees Form Host:www.123formbuiIder.com/form-583214/Advisory-Board-Appointment-Application i 2 Page 24 of 528 Ellis, Shazia From: doctordevlin <no reply@ 123form bu ilder.io> Sent: Monday,April 23, 2018 12:38 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 64/23/2018 Name Thomas Devlin Gender Male Phone number 561-733-7926 Address 2840 Se I st Ct 00 Boynton Beach FL, 33435 United States M> Email doctordevlin@bellsouth.net Current occupation or, if Architect, IBM retired, prior occupation Education Masters Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving No on a City board? Have you served on a City No board in the past? If"yes",which board(s) and when? Have you ever been No convicted of a crime? If"yes",when and where? Ib Advisory Board Planning & Development Board Personal Qualifications Professional Memberships Feel free to attach/upload an extra sheet or resume. Page 25 of 528 Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 104.5.88.121(United States)at 2018-04-23 11:38:22 on Whone 11.0 Entry ID:265 Form Host:www,123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 26 of 528 6.A. CONSENTAGENDA 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-115- Delegate authority to South Central Regional Wastewater Treatment and Disposal Board (SCRWTB) to place bonds in the amount of$15,500,000 to fund the five year capital improvement plan required to upgrade the facility and add 6.0 MGD of permitted treatment capacity. EXPLANATION OF REQUEST: The SCRWTB approved a five year capital improvement plan to upgrade the Water Reclamation Facility and improve the efficiency of treatment through the replacement of major equipment that has reached the end of it lifecycle, increase the hydraulic capacity and treatment capacity of the treatment system and add capacity to the reuse treatment portion of the plant. In order to fund the CI P, the Board directed staff to develop a financial plan to obtain a bond with a payment plan that will not increase rates to each member city. The plan was developed and approved by the Board. The interlocal agreement provides authority to the Board to place bonds to fund improvements with approval by each member city. This resolution delegates the authority to place bonds to the Board to satisfy the requirements of the interlocal agreement. These bonds do not require a pledge or security from either member City other than the requirement to pay the annual costs of the facility. Staff recommends approval of the Resolution HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Board CIP and revenue methodology to fund the annual payment does not require any increase in the current rate structure to the City. FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 27 of 528 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution Page 28 of 528 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA; 4 DELEGATING TO THE SOUTH CENTRAL REGIONAL 5 WASTEWATER TREATMENT AND DISPOSAL BOARD (THE 6 `BOARD") THE AUTHORITY TO ISSUE NOT TO EXCEED 7 $15,500,000 OF BONDS OR NOTES IN ONE OR MORE SERIES TO 8 FINANCE THE BOARD'S CAPITAL IMPROVEMENT PLAN, SAID 9 BONDS OR NOTES TO BE PAYABLE FROM AND SECURED BY THE 10 NET REVENUES OF THE BOARD INCLUDING, BUT NOT LIMITED 11 TO, AMOUNTS PAYABLE TO THE BOARD BY THE CITIES OF 12 DELRAY BEACH AND BOYNTON BEACH; CONTAINING OTHER 13 PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City of Boynton Beach and the City of Delray Beach(collectively, the 16 "Cities") created, by Interlocal Agreement made and entered into on December 26, 1974 (as 17 amended and supplemented, the "Interlocal Agreement"), the South Central Regional 18 Wastewater Treatment and Disposal Board (the "Board") for the purpose of providing 19 wastewater treatment and disposal services to the "South Central Region" of Palm Beach 20 County; and 21 22 WHEREAS, the Board has considered the financing of the facilities operated by the 23 Board and has determined that there is a need to issue bonds or notes to finance all or a portion 24 of the Board's Capital Improvement Plan, as more particularly set forth on Exhibit"A" hereto 25 (the"Project"); and 26 27 WHEREAS, each of the Cities has the legal authority to issue bonds or notes to finance 28 the costs of the Project; and 29 30 WHEREAS, in accordance with Section 3(B)5. of the Interlocal Agreement, each of 31 the Cities desires to delegate to the Board the authority to issue bonds or notes in one or more 32 series in an aggregate amount not to exceed $15,500,000 to finance the Cost of the Project. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA: 36 37 SECTION 1. The foregoing recitals are ratified as true and incorporated herein. 38 39 SECTION 2. FINANCING OF PROJECT; DELGATION OF AUTHORITY TO 40 ISSUE OF BONDS OR NOTES. The undertaking of the Project and the financing of the cost 41 thereof is necessary for the Board. The City of Boynton Beach delegates to the Board the 42 authority to issue bonds or notes in one or more series in the aggregate principal amount not to 43 exceed $15,500,000 to pay the costs of the Project. 44 1 35450791:1 Page 29 of 528 45 SECTION 3. SECURITY FOR BONDS OR NOTES. The principal of and interest 46 on the bonds or notes issued by the Board shall be payable from and secured by the net revenues 47 received by the Board, including but not limited to revenues received by the Board from the 48 Cities. The bonds or notes shall not be a general obligation of the City of Boynton Beach, and 49 shall not be secured by a pledge of or lien on the City of Boynton Beach's ad valorem taxing 50 power or any other revenues of the City of Boynton Beach other than payments that the City of 51 Boynton Beach is obligated to make to the Board pursuant to the Interlocal Agreement. 52 53 SECTION 4. SEVERABILITY. If any provision of this Resolution shall be held or 54 deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same 55 shall not affect any other provision herein or render any other provision (or such provision in 56 any other context)invalid, inoperative or unenforceable to any extent whatsoever. 57 SECTION 5. REPEALER. All resolutions or parts thereof of the City of Boynton 58 Beach in conflict with the provisions herein contained are, to the extent of such conflict, hereby 59 superseded and repealed. 60 61 SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately 62 upon its passage. 63 PASSED AND ADOPTED THIS DAY OF , 2018. 64 CITY OF BOYNTON BEACH, FLORIDA 65 YES NO 66 Mayor— Stephen B. Grant 67 Vice Mayor— Christina Romelus 68 Commissioner—Justin Katz 69 Commissioner—Mack McCray 70 Commissioner—Joe Casello 71 VOTE 72 ATTEST 73 74 Judith Pyle, CMC, City Clerk 75 76 77 (Corporate Seal) 78 2 35450791:1 Page 30 of 528 EXHIBIT "A" DESCRIPTION OF THE PROJECT South Central Regional Wastewater Treatment and Disposal Board(SCRWTB)owns and operates the SCR Water Reclamation Facility located at 1801 North Congress Avenue. The plant was constructed in 1972 and the major aeration equipment has reached the end of its lifecycle. Flow from the two member Cities have increased and the average daily flow treated by the plant has surpassed 75% of the plants permitted capacity. Current regulations require the Board to expand the plant to meet future flow projects when average daily flows exceed 75% of the permitted capacity. The Board has approved a five year CIP which includes replacement of the major aeration equipment and plant upgrades to increase the plant's capacity from 24 MGD to 30 MGD. The project consists of the following construction activities: • Installation of new and efficient blowers to save on electrical costs and to handle additional capacity in the aeration tanks. • Replacement of the fine bubble diffusers to transfer the oxygen in to the water for more efficient treatment • Add a selector zone to create a favorable environment for microscopic bugs to thrive. • Construction on aeration basins to add depth(SWD)to increase volume • Dissolved oxygen and ammonium analyzers and controls to optimize efficiency and treatment • Hydraulic Improvements on the piping system • Construction of a second Deep Injection well in order cease using the ocean outfall • Adding additional filters to the reclaimed facility in order to meet the demands contributed by additional plant capacity (24MGD to 30MGD) and help during wet weather conditions • Additional piping to reduce hydraulic loading to the reclaimed facility At the completion of construction, the Plant will be permitted for 30.0 MGD of capacity sized to treat projected flows from both member City's at build-out. 35450791:1 Page 31 of 528 6.B. CONSENTAGENDA 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-116-Approve Release of Unity of Title for BTS South as part of the Town Square project. EXPLANATION OF REQUEST: As part of the Town Square project, the City has approved the sale of certain real property to J KM BTS South, LLC, a Florida limited liability company, for the development of an apartment building, parking garage and related amenities. The City needs to release the Property from the operation and effect of the Unity of Title which the City originally created and which now encumber the Property recorded in Official Records Book 6972, Page 1978, Public Records of Palm Beach County, Florida. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Allow the Town Square project to move forward. FISCAL IMPACT: Recording fees for the Release which are nominal. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 32 of 528 ATTACHMENTS: Type Description D Resolution Resolution approving and Authorizing the Release of the Unity of Title for BTS ® South D Attachment Release of Unity of Title Page 33 of 528 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 MAYOR AND CITY CLERK TO SIGN A RELEASE OF A 6 UNITY OF TITLE FOR THE CITY OF BOYNTON 7 BEACH; AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the City has approved the sale of that certain real property more 10 particularly described on Exhibit"A" attached hereto and made a part hereof(the "Property") 11 to 7KM BTS South, LLC, a Florida limited liability company, for the development of an 12 apartment building, parking garage and related amenities; and 13 WHEREAS, the City has agreed to release the Property from the operation and effect 14 of the Unity of Title encumbering the Property recorded in Official Records Book 6972, Page 15 1978, Public Records of Palm Beach County, Florida. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 Section 1. Each Whereas clause set forth above is true and correct and incorporated 19 herein by this reference. 20 Section 2. The Mayor and City Clerk are hereby authorized and directed to sign the 21 Release of Unity of Title, a copy of which is attached hereto as Exhibit"B". 22 Section 3. This Resolution shall become effective immediately upon passage. 23 1 Page 34 of 528 24 PASSED AND ADOPTED THIS DAY OF , 2018. 25 CITY OF BOYNTON BEACH, FLORIDA 26 YES NO 27 Mayor— Stephen B. Grant 28 Vice Mayor— Christina L. Romelus 29 Commissioner—Mack McCray 30 Commissioner—Justin Katz 31 Commissioner—Joe Casello 32 VOTE 33 ATTEST 34 35 36 37 Judith Pyle, CMC, City Clerk 38 39 40 41 42 (Corporate Seal) 43 2 Page 35 of 528 EXHIBIT "A" Lots 1 —6, Block 16, Sawyer's Addition, according to the Plat thereof, recorded in Plat Book 8, Page 12, of the Public Records of Palm Beach County, Florida. {00245836.1 306-99052631 3 Release of Udty of Title—BTS South v.l Page 36 of 528 Instrument Prepared By and Return To: K. Michelle Jessell, Esq. PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton, Florida 33496 Parcel Tax Identification Number: a portion of 08-43-45-28-05-015-0020 RELEASE OF UNITY OF TITLE THIS RELEASE OF UNITY OF TITLE (the "Release")is made and entered into on the day of August, 2018, by the City of Boynton Beach,Florida, a political subdivision of the State of Florida(the "City of Boynton Beach"). WITNESSETH: WHEREAS, the City of Boynton Beach owns the following described property (the "Property"): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF WHEREAS, the City of Boynton Beach has approved the sale of the Property to JKM BTS South, LLC, a Florida limited liability company, for the development of an apartment building, parking garage and related amenities. In order to facilitate the development of the Property, the City of Boynton Beach has agreed to release the Property from the operation and effect of the Unity of Title encumbering the Property recorded in Official Records Book 6970, Page 1978, Public Records of Palm Beach County, Florida (the "Unity of Title"). WHEREAS, the administrative head of the Boynton Beach Building Department has approved this Release. WHEREAS, the Boynton Beach City Commission has approved this Release. NOW THEREFORE, for a valuable consideration, the sufficiency of which is acknowledged by the execution and acceptance of this Release, the City of Boynton Beach hereby releases the Property from the Unity of Title and declares the Property free and clear of the operation and effect of same. Accordingly,the Unity of Title is hereby deemed released, cancelled,terminated and shall be of no further force or effect with respect to the Property. [SIGNATURES AND ACKNOWLEDGEMENT ON THE FOLLOWING PAGE] t00245836.1 306-9905263} 1 Release of Umty of Title—BTS Southv.1 Page 37 of 528 IN WITNESS WHEREOF, the undersigned has executed this Release of Unity of Title as approved by the City Commission as its meeting of day of August, 2018. Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,FLORIDA, a political subdivision of the State of Florida Witness #1 Printed Name: By: Name: Steven B. Grant Title: Mayor Witness #2 Printed Name: Attest: Name: Judith Pyle Title: City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of August, 2018, by Steven B. Grant, as Mayor of the City of Boynton Beach, Florida, a political subdivision of the State of Florida, who [ ] is personally known to me OR [ ] has produced as identification. [Notary Seal] Notary Public Printed Name: My commission expires: t00245836.1 306-9905263} 2 Release of Umty of Title—BTS Southv.1 Page 38 of 528 EXHIBIT "A" Lots 1 —6, Block 16, Sawyer's Addition, according to the Plat thereof, recorded in Plat Book 8, Page 12, of the Public Records of Palm Beach County, Florida. t00245836.1 306-9905263} 3 Release of Umty of Title—BTS Southv.1 Page 39 of 528 6.C. CONSENTAGENDA 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ended June 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 nine (9) month period ended J une 30, 2018 (75% 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 $ 78,177 84% $ 83,767 $ 71,177 85% 11.3% 9.8% &Transfers Expenditures $(93,254) $(65,734) 70% $(83,767) $(61,201) 73% 11.3% 7.4% Excess (Deficit) $- $ 12,443 $- $ 9,976 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $12.4M surplus for the period ending June 30, 2018. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $78.2M or 84% 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 40 of 528 $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 ninth month in FY 2017-18, revenues and transfers realized are approximately $78.11M or 84% of the budget estimate compared to $711.11M or 85% realized to date in FY 2016-17. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $32.9M as compared to $31.OM 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 ninth month period ending June 30 (75% of the fiscal year) are $65.7M that is 70% 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 $65.7M or 70% of the FY 2017-18 budget. At this point in the fiscal year, FY2017-18 spending levels are $4.5M ahead of the $61.2M or 73% 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. As of the period ending June 30, the operational forecast reflects an estimated decrease of$796K 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 $ 35,643 77% $42,245 $ 33,878 80% 10.2% 5.2% &Transfers Expenditures $ (46,544) $ (32,760) 70% $ (42,245) $ (31,274) 74% 10.2% 4.8% Excess (Deficit) $- $ 2,883 $- $ 2,604 For the ninth month period in FY 2017-18, • Revenues realized are $35.6M (77%) of the annual budget estimate. • Expenditures incurred are $32.7M (70%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $2.8M. Expenditures (Exhibit D)— Utility Fund FY 2017-18 expenditures to date are $32.7M or 70% of the annual appropriation compared to expenditures of $31.2M or 74% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Page 41 of 528 ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum GF Statement of Revenues thru J une 30, 2018 D Addendum GF Statement of Expenditures thru June 30, 2018 D Addendum OF Statement of Revenues thru June 30, 2018 D Addendum OF Statement of Expenditures thru J une 30, 2018 Page 42 of 528 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30,2018(75%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 $ 35,595,758 $ 34,513,587 97% $ 33,130,100 32,506,569 98% LESS TIF TAXES TO CRA 1,498,231 (1,522,048) 102% 1,489,928 (1,410,049) 95% NET TAXES TO THE CITY 34,097,527 32,991,539 97% 31,640,172 31,096,520 98% LICENSES AND PERMITS BUSINESS TAXES 1,731,000 1,723,280 100% 1,656,000 1,650,998 100% BUILDING PERMITS 2,712,000 2,207,849 81% 2,417,000 1,709,477 71% FRANCHISE FEES 4,865,000 3,200,621 66% 5,065,000 3,346,832 66% OTHR LICENSES,FEES&PER 222,000 199,600 90% 218,000 210,629 97% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 34,948 41% 85,000 11,294 13% STATE SHARED REVENUES 8,677,000 6,584,153 76% 8,674,000 6,316,895 73% SHRD REV FROM OTHR LCL 335,000 139,887 42% 310,000 106,822 34% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 137,657 113% 121,300 134,833 111% CHRGS-GENERAL GOVT 507,800 392,004 77% 459,500 379,850 83% PUBLIC SAFETY 6,086,500 5,570,119 92% 5,133,816 5,643,888 110% PHYSICAL ENVIRONMENT 20,000 18,839 94% 20,000 2,950 15% CULTURE/RECREATION 428,700 329,321 77% 415,500 351,081 84% INTEREST&MISC REVENUE LIBRARY FINES 30,000 14,721 49% 30,000 17,088 57% VIOLATIONS LOCAL ORD. 643,000 162,823 25% 720,000 402,280 56% INTEREST EARNINGS 65,000 34,719 53% 50,000 67,951 136% RENTS AND ROYALTIES 368,800 361,390 98% 368,800 341,371 93% SPECIAL ASSESSMENTS 6,589,000 6,613,991 100% 5,541,500 5,510,921 99% SALE OF SURPLUS MATERIAL 1,500 1,968 131% 2,000 1,599 80% OTHER MISC.REVENUE 4,715,145 1,742,932 37% 2,725,000 288,302 11% INTERNAL FUND TRANSFERS TRANSFERS 15,067,850 11,300,888 75% 14,842,000 11,131,500 75% FUND BALANCE APPROPRIATED 5,884,506 4,413,380 75% 3,272,149 2,454,112 75% Total Revenues $ 93,253,628 $ 78,176,629 84% $ 83,766,737 71,177,193 85% $100,000 Two Year Cumulative Revenue Comparison and CFY $93,254 $90,000 -Budget-($in thousands) - - - - - - - - - v`O a �A $80,000 �ha , $70,000 1 ftt'1 ro $60,000 $50,000 , $40,000 30,000 $20,000 $10,000 $o ...... ..... .... ......... ... .......... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep k3lllyl, 2016-17 Actual Cumulative 2017-18 Actual 2017-18 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ S:A FinanceTinancial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-GF-thru June 18 Summarized001 Revenue Summary Revised Page. 43/2of 528 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30,2018(75%of Fiscal Year) EXPENDITURES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 267,301 $ 202,206 76% $ 259,706 $ 207,586 80% CITY MANAGER 746,362 561,659 75% 730,719 588,171 80% CITY HALL/GEN.ADMIN. 13,646,569 4,394,388 32% 7,367,149 1,734,766 24% MARKETING/COMMUNICATIONS 333,846 234,232 70% 258,615 201,600 78% TOWN SQUARE 0 541,612 0% 0 0 0% CITY CLERK 569,241 427,764 75% 531,665 397,313 75% CITY ATTORNEY 574,916 513,317 89% 522,411 359,338 69% FINANCIAL SERVICES 1,302,041 895,278 69% 1,034,767 823,817 80% ITS 2,454,516 1,580,466 64% 1,895,058 1,574,223 83% HUMAN RESOURCES 824,823 562,797 68% 724,830 550,606 76% PUBLIC SAFETY UNIFORM SERVICES 16,981,940 13,487,155 79% 16,758,211 13,250,944 79% ADMINISTRATIVE SERVICES 3,862,184 2,442,989 63% 3,534,348 2,766,082 78% SUPPORT SERVICES 9,608,962 7,778,650 81% 9,693,624 7,658,873 79% FIRE 23,514,949 19,082,134 81% 23,089,868 18,086,739 78% COMMUNITY STANDARDS 2,201,205 1,595,361 72% 1,871,683 1,362,212 0% EMERGENCY MANAGEMENT 22,320 8,699 39% 14,670 4,685 32% BUILDING&DEVELOPMENT DEVELOPMENT 1,136,941 871,261 77% 1,093,300 877,824 80% BUILDING 1,307,987 1,034,640 79% 1,389,088 987,916 71% ENGINEERING 622,155 438,768 71% 686,132 534,010 78% PLANNING&ZONING 756,125 546,729 72% 776,734 612,560 79% ECONOMIC DEVELOPMENT 412,318 245,982 60% 211,749 142,383 67% PUBLIC WORKS PUBLIC WORKS 154,775 210,411 136% 223,397 187,343 84% FACILITIES MANAGEMENT 2,005,233 1,251,874 62% 1,624,535 1,180,643 73% STREETS MAINTENANCE 1,236,275 747,919 60% 1,199,602 752,694 63% LEISURE SERVICES LIBRARY 2,315,127 1,758,295 76% 2,280,461 1,795,481 79% SCHOOLHOUSE MUSEUM SERV 254,971 174,392 68% 269,372 188,131 70% RECREATION 3,133,874 2,215,275 71% 2,905,081 2,259,598 78% PARKS&GROUNDS 3,006,672 1,912,062 64% 2,819,962 2,094,833 74% CRA REIMBURSABLE&RESERVES - 18,059 0% - 21,049 0% Total Expenditures $ 93,253,628 $ 65,734,374 70% �$-- 83 766 737 $ 61,201,420 73% $100,000 Two Year Cumulative Expenditure Comparison and $93,254 $90,000 3 CFY Budget--($in thousands) $80,000 3 b 5� 1h i $70,000 $60,000 $50,000 i $40,000 3 �tiry, $30,000 1V `ry $20,000 a $10,000 $0 ........ .......... .... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep (Cumulative 2016-17 Actual EM Cumulative 2017-18 Actual 2017-18 Budget S:TinanceTinancial ReportsWonthly Financial Reports\FY2017-2018\FY1718 Budget Review-GF-thin June 18 Summarized001 Expenditure Summary Revised Page 44/of 528 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30,2018(75%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 $ 16,550,883 76% $ 20,250,000 $ 16,734,123 83 WATER CONNECTION FEE 150,000 38,005 25% 25,000 66,717 267 WATER SERVICE CHARGE 850,000 704,940 83% 750,000 761,975 102 WTR-BACKFLOW PREVNTR TEST 10,000 20,196 202% 10,000 12,900 129 RECLAIMED WATER SALES 64,000 246,607 385% 60,000 52,578 88 SEWER SERVICE 18,870,000 14,372,518 76% 18,500,000 14,255,044 77 STORMWATER UTILITY FEE 3,800,000 2,901,929 76% 3,800,000 2,869,013 76 TELEVISE SEWER LINES 5,000 8,574 171% 3,500 634 18 FEES 20,000 12,031 60% 15,000 6,338 42 INTEREST INCOME 35,000 (10,066) -29% 35,000 18,662 53% SALE OF SURPLUS EQUIP. 2,000 - 0% - 1,655 0 OCEAN RGE UT TAX ADM CHG 800 681 85% 800 579 72 MISCELLANEOUS INCOME - 466 0% - 563 0% FUND BALANCE DECREASE(INCREASE) 1,061,993 796,495 75% (1,204,004) (903,003) 75 TOTAL REVENUES $ 46,543,793 $ 35,643,259 77% $ 42,245,296 $ 33,877,778 80% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 _ b $46,544 Two Year Cumulative Revenues Comparison and eye CFY Budget-($in thousands) ate' b I $40,000 ti I $30,000 1y M� I ',. $20,000 � yo I y,�v yy y bb 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 June 18 Summari-d401 Rev Sum Page 45 of 528 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30,2018(75%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 $ 1,362,160 70% $ 1,814,027 $ 1,474,757 81% PUBLIC WATER TREATMENT 6,009,493 3,838,240 64% 5,961,748 4,259,001 71% METER READING&SERVICES 1,258,478 915,287 73% 1,111,186 916,064 82% WASTEWATER COLLECTION 1,646,357 1,106,348 67% 1,624,933 1,129,410 70% WASTEWATER PUMPING STATNS 2,810,391 1,848,397 66% 2,337,495 1,797,964 77% SEWAGE TREATMENT 4,550,000 2,786,804 61% 3,928,070 2,555,370 65% WATER QUALITY 630,247 462,703 73% 634,776 414,623 65% UTILITY ADMINISTRATION 17,296,917 12,609,950 73% 14,552,941 10,937,409 75% UTILITES ENGINEERING 1,478,276 1,116,060 75% 1,481,747 1,179,761 80% STORMWATER MAINTENANCE 1,148,994 789,743 69% 1,008,364 739,399 73% CUSTOMER RELATIONS 1,133,407 877,987 77% 1,369,521 1,055,333 77% DEBT SERVICE 6,635,075 5,046,143 76% 6,420,488 4,814,985 75% Total Expenditures $ 46,543,793 $ 32,759,822 70% $ 42,245,296 $ 31,274,076 74% -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 546,544 Two Year Cumulative Expenditures Comparison and U CFY Budget-($in thousands) a° $40,000 41° �1 G " $30,000 ,�.° ytih 0ti ,a ^$ti $20,000 �titi $10,0006°qyy� $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative 2016-17Actual NOINK Cumulative 2017-18 Actual 2017-18 Budget -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-OF-thru June 18 Summari-d401 Exp Sum Page 46 of 528 6.D. CONSENTAGENDA 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of J my 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 July 2018: Purchase Order Vendor Amount 181151 Lowe's Home I mprovement W hse $ 14,871.02 181152 Lowe's Home Improvement W hse $ 12,660.00 181154 Step CG, LLC $ 13,709.98 181163 Flooring SF, LLC $21,648.00 181173 TJ Bowles Electric Co., Inc. $ 36,810.00 181184 Anzco, I nc. $24,475.00 181203 Dell Marketing LP $ 14,992.00 181204 Johnson Controls Security Solutions $ 15,744.80 181211 Konica Minlota Business Solutions $ 18,490.50 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 47 of 528 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Parch over $10K Backup July 2018 Page 48 of 528 CITY OF BOYNTON BEACH ' y FOR JULY 2018 1. Vendor: Lowe's Home Improvement Warehouse Purchase Amount: $14,871.02 Requesting Warehouse ie Dauta Date: 7112118 Brief Description of Purchase: Building materials for build out at 2045 High Ridge Rd for temp Police station. Source for : Three WrittennotSource: 1-2111- 1 -17 TS2045 Vendor:2. Lowe's o e Improvement areose Purchase Amount: $12,660.00 Requesting : Warehouse Contact Person: Mike Dauta Date: 7112118 Brief i : Buildingat ri Is for build out at 2045 High Ridge Rd for temp Policestation. Source r : Three Written Quotes Fund Source: 001-2511-519-52-24 3. Vendor: $13,709.98 Requesting Department: ITS Contact a John McNally Date: 7112118 Brief Description of Purchase: Installation of Wireless Access Points at the Temporary City Hall. Source c Piggyback tate Contract Fund Source: 001-1510-513-49-17 #43220000-WSCA-14-ACS 4. r: Flooring SF LLC $21,648.00 Requesting Department: Public Works Contact . Gail Mootz Date, 7113118 Brief Description ofPurchase: Install carpet for the temporary Library& PD sites. Source for Purchase: Three Written Quotes Fund Source: 001-2511-519-52-24-$17,262.00 TS0115 001-2111-521-49-17 -$4,386.00 4 5. Vendor- TJ Bowles Electric Co, Inc. $36,810.00 Requesting Department: Public Works Contact Person: Gail Mootz 7117118 Brief Description Purchase: Install electrical for temporary PD site, receptacles& lighting not to exceed $36,810. Source for Purchase: Three Written Quotes Fund Source: 001-1214-512-49-17 T 204 Page 1 Page 49 of 528 6. Vendor: Anzco, Inc. Purchase Amount: $24,475.00 Requesting Department: Public Works Contact Person: Kevin Ramsey Date: 7/19/18 Brief Description of Purchase: Original PO issued in thea ount of$17,600 for laborers to install all &framing at the PID temporary site located at 2045 High Ridge Rd. Change order was issued in the amount of$6,875 on 7/31118 for additional labor needed to complete the project. Source for Purchase: Three Written Quotes Fund Source: 001-2511-519-52-24 TS2045 7. Vendor: Dell Marketing LP Purchase Amount: $14,992.00 Requesting Department: ITS Contact Person: John McNally Date: 7/26/18 Brief Description of Purchase: Replace& upgrade Emergency Operation Center(EOC)computer equipment. Source for Purchase: Piggyback State Contract Fund Source: 001-1510-513-52-20 #4321150-WSCA-1 5-ACS 8. Vendor. Johnson Controls Security Solutions Purchase Amount: $15,744.80 Requesting Department: Public Works Contact Person: Gary Dunmyer Date. 7126/18 Brief Description of Purchase: Install automated gate at Rolling Green Complex via the Interlocal Agreement between the City& Solid Waste Authority of Palm each County& Commission on 4/3/18. Source for Purchase: Piggyback NJPA Contract Fund Source: 105-3030-519-64-02 #031517-TIS 9. or: Konica Minolta Business Solutions Purchase Amount: $18,490.50 Requesting Department: ITS Contact Person: John McNally Date: 7/30/18 Brief Description of Purchase: Konica Minolta Papercut Printing Solution hardware&software. This is needed due to the temporary City Hall location and all departments sharing six printer/copiers. Source for Purchase: Piggyback State Contract Fund Source: 001-1510-513-4 -91 -$7,760.50 #600-000-11-1 TS3301 001-1510-513- -17-$5,543.00 TS3301 001-1510-513-52-20 -$5,187.00 TS3301 Page 2 Page 50 of 528 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYON BEACH BOULEVARD P.O. BOX 310 P.AO. #: 1811sl BOYNTON BEACH, FLORIDA 33425-0310 DTE: 07/12/18 VENDOR 6890 SHIP TO: TO: LOW 'S HOME IMPROVEMENT WHSE City of Boynton Beach 1500 CORPORATE DRIVE SEE ATTACHED DELIVERY BOYNTON BEACH, FL 33426 INSTRUCTIONS BO TON BEACH, FL 33425 --------------------- ------------------------ ---- REQ IISITION NO, 71.746 ORDERING DEPARTMENT: JEN -------------------------- DATE NEEDED: BID NO: _=Comm_IISSON APPROVED: -------------------- EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 3 . 00 EA 6' X 6' -811 PREHUNG DOUBLE DOOR 281.1900 843 .57 VENDOR ITEM NO. - 134FSXBIRCH3680 2 22 . 00 EA 3611 X 6' -811 LH PR8HUNC7..D0QR 150 .3100 3306. 82 SINGLE VENDOR ITEM NO>, 1.34.FSXBIRCH36.8.0:; 3 11. 00 EA 3611 X 811 RH. P DOOR 145.0800 1595.88 SINGLE VENDOR ITEM.:NO., 134FSXBIRCH3680..:'.. 4 940. 00 FKA 112.11 X. 4'X8! DRYWALL:. . .... .... 6"3400 5959. 60 VENDOR ITEM NO. - OB0009 s 6. 00 CSE .2.4 DEGREE 311 GUN NAILS 88 ..48:00 533 . 88 VENDOR ITEM NO. - 10302 .0 6 2 . 00 EA 2 S.LB BOX OF 1 1/411 DRYWALL 4.9..34:00 96 .68 :.:.SCREWS VENDOR ITEM NO, - S25tCDW114 7 2. 00 5 3 DRYWALL SCREWS ..12.29.00 24 .58 ..m VENDOR ITEM NO. - 9DWCSP3-5 8 3 . 00 EA m.. .18 : A .2" FINISH NAILS 1'3 .7900 41.37 :,:VENDOR ITEM NO. - 141085 9 24. 00 BAG HAG OF R19 23 X 93". 47.10900 1130.16 V1914BOR ITEM NO. - K1251 10 20. 00 BBL $ GALLON:.PATL OF DRYWALL . :.11.2600 225.20 COMPOUND , VENDOR .ITEM NO JT0070- 11 4. 00 EA 7 1/4" .'24 TOOTH CARBIDE SAW. 9.3700 37.48 BLADE VENDOR ITEM NO. - JiM 5 9 9LT: 12 60 - 00 BOX .27 CAL STRIP LEADS 7 .4400 446.40 VENDOR ITEM NO. - DDF1351500 P.O. TOTAL: PROCU REM ENTSERIIOC : ACCOUNT NO. PROJECT 001-2111-521.49-17 TS2045 PURCHASING Page 51 of 528 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O` BOX 310 P.O. #: 181151 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/12/18 VENDOR 6890 SHIP TO: TO: LOWE'S HOME IMPROVEMENT WHSE City of Boynton each 1500 CORPORATE DRIVE SEE ATTACHED DELIVERY BOYNTON BEACH, FL 33426 INSTRUCTIONS BOYNTON BEACH, FL 33425 ---------- --------- --------------------------------—---------------- 1011111 REQLA&TION NO. 72.746 ORDEMNG DEPARTMENT: JEN ------------------ DATE NEEDED: MD NO: c0mrMMSON APPROVED. ----------- ------------------------—1------------------------ v....------------ ---------------- LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 13 60 . 00 BOX 311 RAMSET PINS 10 .4900 629.40 DELIVER TO: 2045 HIGHRIDGE ROAD BOYNTON BEACH FL 33425 13AY .1 9.:� VENDOR ITEM NO:. -.:.DDF3 I REMARKS:. BuitbikG MATERIALS FOR BUILD. OUT AT 2045 :HIGH RIDGE RD. DO NCM' MAIL PO WAREHOUSE WILL SE TQ VENDOR --------------- ------------- ..... PROCUREMENT'SE ..----- SEES P.70TOTA L- 2.4871, 02 ------------------- ----------------------- -- A ----------- ----— ---.-- ACCOUNT NO. PROJECT 001-2111-521.49-17 TS2045 --—---------- ----------——------------------------ PURCHASING Page 52 of 528 Go OD W ON N W I 1 ca L) H I W CD M M M r- W 0 M 0 0 N Z� : 9 Lf 0� W k9 W LD 0 m Iq N 0 x 14 0 m to ar m sD q Iq C; Ln r- ka ai rt ul 1 0 Ch in fn Lh N dr rq Vq en v (14 m Ln m m H N W CO I OP I m r4 Ln ri ds ;N 0 101 HO U 00 w fit 104 Ik I WW pq 00 CO CD I;V 0 0 0 0 0 0 0 0 a 0 0 a 0 E-4 R E� CL Ln Z tlr F40 0 0 C� 0 0 0 0 0 0 0H 0H 0ri 0 0 E-i u CD 0 0 0 0 0 0 0 0 0 0 0 0 9- CN x H H H �q H H 1-i " I > co I 0 �p V4 rq ra E-q M Hsal 0 rA E4 E4 z Q :E H w 0 0 0 0 E-4 H 'i m >4 H rl N : El 0 m H rl F4 r14 0 H t� rn 0 94 p 01 I ul H (0 X i 0 0 1 0 U 0 W� LOW 14 pq : R F14 IM) 8 pi z Doi 049 E- I Q� E-q Q Q H Ch pq rA 0 H H up o E-4 Q M I E-q a as DQ Da r4 H >� M : z 04 q s U) I H FA W I U% I ul mm..z., p H 0 M o 0 � U z OH U9 0.4 co I Ln H '.100000 0,-Iu a 0 1<4 owlgl MOK m K m KMS 6 4 O H FX4 I H H H H H H E4 HUH g,gZgZgZgZgZgl'4�ZgZgZgZgZg UP m m w m m m w m w m w ix p F4 p w H w p V4 p wl p w E-4 cez HUZ z mom E80UN 06 8mzON)OzmOm0mO 0 0 Eaw u uu uuuuuuuuuuuuuuu u u Q 80A ZI mat U I 00 r HE+HHHEHHHEEEEEEHHNHHHHHHHH MO 00000000000000000000000000 M LO mPd Ire) z 1 0 0 M I IX 1 I Cry r4H Owm Q I N N C14 N N N N N N N N N N z m 0 I N ..H Ln Ln Ln Ln Ln Ln Ln Ln Lo Ln Ln Ln Ln H 81 004n E rA -4 'A I -f 'i A rl H rq i 8 H PPOE-40 H r-q r-I ri r-I rq �q r-I x I P ba HE R"I llq IH -11 14 li H 1-4 r-9 r-I H I-q H 0 04 1 mlxHnx ON N N N N rq N N rq cv CN N Cli u H 0 H I oo I UH H a H H H ri a H H H H H H P4 0 0 0 0 0 a 0 C) 0 0 0 0 0 z 0 ..E EpQ) 0 a C3 0 0 0 0 0 0 0 0 0 m 94 v OD E FA MOUM CY 0 C90cq i H F-I M i V) M ZN : H N m m H H r H H 1-1 'A H W Page 53 of 528 Go OD ar ry � C3 r-i r r + rM + W w a W + w Ln H IV 0 y N w E+ 0 + p w i w + r- w r- U2 + o o 0 0 O w + to a C m w00 1 0 E H a+ w H H0 zi Waw 70 Wi C) H t7 CO 04 EQ + i i + + + w + a 7+ � Q w + a � ra t7 w i o-7 H + W + A P W + W 14 � .. b 0 V3 m tW 0 ® + zW p ra 0 w 10 a H 0 1 OWa a z In F 00 + r a I H W W ca pa i a OG7C3 Page 54 of 528 M N rrl I 0 C CD co co w ko E-1 04 1 U u E) C) KC P4 Ln m H Ln rn m V 2: .11 �i K m mov ca 124 0 m to co U) m Ul n 1 U4 D4 pq 0 Ln 0 Ln HZ I -d' v rl Ln rlNC3 1�4 M : cq M m 0 IV p 0 axe > rl r4 F3 C) to co OD t- LD 0 Go CD CD Lnz Ln oo Go LD 00 ko Ln m 1-4N dbd' r4 F40 1 tl' dl O L H U I m ko X V 0 ul (I rq m da rl > W co Ln (A Ln H Nto 1-4 0 U) r-I 0 0 C) 0 "co : C)0 0 0 d 0 0 O 0 C3 C) O 0 CD V4 0 H no m co 00 q4 c u O DD 0 m3 0 H GO F4 0 0 C4 kD 0 PQ m CD PQ > O 00 0 0 0 0 0 0 0 C7 0 0 0 C3 0 Ix P I C) C) O 6 O O O 0 C3 CDI 0 040 rg p t en N I C) N N mO0 4z 0 N PM z tj M Fq M W F-I > W FM M 0 Hp N 0 P E-4 E-q E-4 E-4 z EI E-f P I M R W z W M M W WW W 0 w W M w I pio Hp H4 4 4 934 Fj r7 *1 4 OI-7 0 34 z 00u) co 0 m mom 0 EQ Om uOw 0 m 0 V) 0 w mom mom Oto 0 w W La Da V)w M W Ul W La to w Ea W w M a)W x m M ca W ul W QMH 9MH JXMH MH MH MH MH MH MH OMH MH MH op 004 004 OF4 OFI 400 00 00 04 U06-1 404 OFI M-'Ca O-aa, 0---m -Im \Ca '4--m \M '-04 `war -104 ca`lil$ --04 40M QMC4 MMP4 ides V)11, <U)m WN rna ul m 4mm ul 04 Ulrh N00 �30 �:'tD �:'tD MOnD �D 0 Qn 4tDo M,DD �:) 9m 04w 0m4m .1 ul M4 m ?4'4 U2 Om r7ul ow 440) POW a to 004 M p-.N N gm Wes rll V)C4 P4 3:m Ha at E-4 I QU 5w DHM O 9M 4H = H m P-4 m co PM4 Ow �24 1�104 OUIW mmw WOW �2;rn w = mm wmW MW mmw n M W mW REOW z W Q P4 m P4 Q Q n Q F4 W RNII p F;) u) rA P4 IQ4 DQ 0 w�q M4 "m�4 WW&4 m V4 54 w 4 f4 W 0 Wry M0 0�H H 0 H M�H 440H 0 �0 �q KC 0 Xw rg�::) = ��) ��) Q r) 4 i m m M OV20 p4mm w pq cQ 'wm '-Imm z HmH m mmm 4.2m Oman 04 U)m z F9; H H 0 >4M 00>f M Co 74Q >q nE-i rx 04 z 1-4 H I CD Fm4 P >4 Epp 0 0 1po PPO HO WHO H 0 WHO H0 +1H0 PO d,HO 0 EH 0 H 0 H : WH E KHX pH E = H JXH NH HE m H 6 QX 0 A:E Im x rq 1:� m Im P 0 E IMZ w 0 0 mo goo mo 0 D409 PO Poo 00 H P4 Ru x u x u xu wxu u 128 M L) M6 E E 2 U 0 E ri H 0 nU m I M 4 R m6p :0M 002 UM 1-400 OMN pq m m PU uw Mum u woo wu0m -lu m -to u ca rh U M r4 L)U2 M m r-4 N Ln 'A W P4 H 04 HH N M d+ Ln cD r- 00 In N Page 55 of 528 CITY OF BOYNTON BEACH 711012018 Requesting Department Materials&DkftutIon Contact Parson., Jan Packww _ .. . _at High- s i _._. �_ ..._ f Fr sale soufte PRIDUMPEaT aypwChm F= Other Number Fund Source for Purchase: V Dqmrtmnt Head DateAsst City Cfty Wringer e , Form KwAsed OMU -T Page 56 of 528 VENDOR EHICE.QUOT S MATERIAL % r-i - Lowe l !Name*- Cke, Phone . , . - 20 Name.- S ra, Phone k 36, -6 Name,; Phone Name, cn Phone 59 Name,-- Phone 1 e e E Page 57 of 528 -------------- Descri"ptllOn Quan 1/211 x 4' x 8' Drywall L4 9401/ 36 x 6'-8" LH Prehung Door (Single) L211 3611 x 6'-8" RH Prehung Door (SInIge) L .� 22 " x 6'-8" Prehung Door (Double) L 3 Case of 21 degree - 3" Gun Nails v- 5 6 501b Box 1-1/4" Drywall ScreWS L6 I 101b Box 3" Drywall Screws L-I Box 18ga 2" Finish Nails L% 3 Bag of R19 23" x 93" L-Cl Drywall Compound 5 Gallon UO 20 / 7-1/4" 24 Tooth Carbide Saw Blade 4 Box (1000 count) 3" Ramset Pins 6 Box (1000 count) .27 strip leads 6 Page 58 of 528 OMZR130ALO 'S HOME CENTERS. LLC PAG 1 BOF 1111 PROJ I 'ESTIMATE HIGH IDG CONTACT: BOYNTON BEACH PUBLIC WORK SALESPERSON: CLARKE, GLEN CUST #: 20360539 SALES #: 1767851 PROJECT : 549944619 DATE ESTIMATED., 07/Ory/1 Y ITEM # ITEM DESCRIPTION VEND PART # P CE ----- --- ® - -0 - - - 3 745772 FLUSH BIRCH14FSBIC6 134FSCBIRCH3680 43.57 ' 22 745772 FLUSH BIRCH 1SC T680 - 134FCBIH3680 3 06.82 - 11 6.8211 745772 FLUSH BIRCH 134E IRC 3680 - 134FSCBIRCH3680 1 95.88, 940 34137' ,1/2-I -FT X 8-FT HS LITE GYP GB0009 5 59.60 • 688894 H 4M 3-INX.120-IN RSHGDRH FR N 10302.0 33.88 ■ 2 212276 2 - 1-114-IN CRS' DRYWLL SCRW S 5 C X1124F3- 96. 112934 5- B 3-IN COARSE DRYWALL SCREW S - 24.58' 3 318263 FLIT 5000-CT 18G -IN BRAD NAIL 141085 41.37• 4 10584 R19� 133.68-S F 2 -IN93- 1251 1 30.16 - 20 11768 GB PROFORMALL PURP 61.7-LB PA JT0070 125.206 355464 DW 7-1/4-IN 24T PRECISION SW DW3599LT 37.48` 60 472151 .27 CAL RED STRIP DDF135L500 46.40 60 594150 MGV 3-IN w/ WASHER P50115 DDF312650 129.40 TOTALFOR ITEMS 14 71.02 EIGHT CHARGES 1 0.00 TOTAL ESTIMATE 14871.02 This quote is valid until 08/08/18. THIS IS AN 'ESTIMATE ONLY. THIS ESTIMATE E NOT INCLUDE TAX, DELIVERY CHARGES OR X OTHER SPECIAL FEES THAT MAY BE APPLICABLE. DELIVERY OF AL MATERIALS CO T D IN THIS ESTIMATE E SUBjECT TO AVAILABILITY FROM THE MANUFACTURER OR SUPPLIER. ALL OF THE ABOVEQUANTITIES, DIMENSIONS, SPECIFICATIONS AND ACCESSORIES HAVE BEEN VERIFIED AND ACCEPTED. I UNDERS D THAT THIS ORDER WILL BE PLACED ACCORDING TO THESE SPECIFICATIONS AND I NON-R?,PUNDABLE. Page 59 of 528 Paclello,, Jen, From: Paciello,Jen $'anl. Monday,July 09,2028 8:10 AM To.- .glenford.clarke@store.lowes.com' Subject, Emalling:Supply List Attachmantsi Supply List.pdf Good morning Glen, Can you please send me a quote on the attached Items,please add in how much shipping VVIII OcalS If you need the address that it would be delivered to it Is 2045 High Ridge Road Boynton Beach FL,33425 Bay#19 Your message is ready to be sent with the following file orJ)nkattachments: Supply List Note:To protect against computer viruses,e-mail programs may prevent sending or receiving cert'a in typim of file attachments. Check your e-mail security settings to determine how attachments are handled. Page 60 of 528 -- 1 The Home Depot Special Order Quote Customer Agreement 9: M0224-100693 Printed Date:7/9/2018 Customer, JEN PACIELLO Store, 0224 Pre-Savinigs Total. $28,940.94 Address, 222 N E 9TH AVENUE Associate. SANDRA Total Saying- ($4,343,07) BOYNTON BEACH,FIL 33435 Address., 1500 SW 8TH ST Pre-Tax Price: $24,S97.87 BOYNTON BEACH, ice valid' Through: Phone 1. 561-742-6309 33426 7/1812018 Phone2. 561-742-6309 Phone: 561-364-9600 Email: CIPRIANOW@BBFLUS A11PAIMare subjeatochonge. C090mer Is raponsibJe for ver&ngproduct selecdon& The Home Depot willnot ocoept ret1mfor the belowproduem Call Width= 611 1 Call Height=80" as Frame Width-40 t I - 1� Frame Height=82 Catil" .""ss it" 10D-1 Entry Door 40 x 82 material Type=Natural Birch Door $764.26 $649.57 11 ( i 261.59} $7,245.27 Layout=Flush Handing/Swing a Left Hand Clutswing JENNE, 11--EM III!, ligg,ii,;,i!li 1,ii, :1, 1 Begin Line 10 Description --Une 10D-1 Wood Doors Entry Door 40 x 92 instaffation Application=Wrap Around Luck Function w Entrance Call Width=36" Frame Type=3-Plece Knock Down Fro me Kickplate = o Call Call Height 80" Wall Thickness=4-5/9" Peep Viewer= one Frame Width 40 Frame Material Thickness=Standard(16 Gauge) Magazine Slot=None P Frame Height 82 Hinge Prep =4 IM Saddle/Threshold Depth None Handl win =Left Hand Outswing Hinge Type=BallBearing Door Bottom Gaskell q = one P9 Fire Rating=None Nuriiber 61"Ringe CUtou-As=1 WeatheFS010-pirik-Nw' Material Type=Natural Birch Hinge Finish=Satin Chrome(US26D) Door Stop m None Door Thickness=,I 3/411 Hinge Factwy installed a No Hardware Finish a In Chrome(US26D) Will Doors be Pointed?z Yes Door Closer a one SKU=113776 Door Style=Flush Electric Strike= one Vendor Name=S/0 L.LF I NDUSTMES,INC. Door Layout=Flush Locking Device a Cylindrical Knob Vendor Number=6014403 Glass=No Glass Locking Device Factory Installed=No Customer Servim I516-39F. ce MBOO Door Care=Solid Core Deadbalt-No Catalog Version Date=1/6AD27 Wall Construction=Dry Wall Deadbolt Prep m No .._m___..________.._.._ ----—------------------- End Une 10 Description Page I of 3 to Printed:7/9/2018 12:12 AM IPage 62 of 528 ' IIIIII IM1 I Call i =31" II Height= Frame Width 140 pB Frame Height= 2 1 Entry Door 40 x 92 Material Type-Natural m $764.26 $649.57z ($ ,523.1 ) S14,29M54 FlushLayout= a I n = t Hand Outswing Begin Line 200 Description ----Line 200-1«— Wood Doors Entry Dom 40 x 82 Installation Application=Wrap Around Lock Function ntra oe Call Width=36" Frame Type=3-Place Knock Down Frame i t =No Call Height=80" Wall Thickness-4-51V Peep Viewer=None Frame Width=40 Frame Material Thickness S (16 Gauge) Magazine Slot=None Frame Height=82 HingeSaddle/Threshold e h= one Handing/Swing=Right hand Qutswing Hinge Type=Ball Bearing DoorBottoms ti e Fire Rating=None erofHinge C =3WeatherStri in = one Material Type=Natural Birch Hinge Finish=Satin Chrome(US2 D) Door Stop=None Door Thickness=13/4" Hinge Factory Installed=No Hardware Finish=Sa n Chrome( D) it Doors be Painted?=Yes Door CJoser=None SKU=113775 Door Style=Flush Electric Strike=None Vendor Name=SIO i I. INDUSTRIES,INC. Door Layout=Flush Locking Device=Cylindrical Knob Vendor Number=6 1 Glass=No Glass Locking Device Factory Installil No Customer Service 1+16-390-6800 3 Door Core=Solid Core Deadolt=No Catalog Version Date 1/6/2017 Wall Construction w Dry Wall Deadbolt Prep=No End Line 0 Description - E -- Call Width II Heightlim " taitl i Frame Width=7 FraMe Height= 2 E 300-1 Double Entry Door teri i Type Natural Birch $V4OL12 $1,054.02 3 ( 0) $3,162.05 Door layout=Flush"unding/Swing=Right Hand Active Outswing Begincrilon Line 300-1 Wood Doors Double Entry Door 76 a 92 installation Application=Wrap Around Kickplate =No Call Width=72" Frame Type=3-PleCe Knock Down Frame Peep Viewer=None A Height= 0" Wall Thickness=4-5/8!' Magazine Slot=None Frame Width=76 Frame rial Thickness=Standard 116 Gauge) Saddle/T'hreshold Dooth=None Frame Height 82 Hinge Prep =41/2" DoorBottomasetn one Handing/Swing=Right Hand Active Outswlng Hinge Type=Ball Bearing Weather Strippiril None Fire Rating=None Number of Hinge =3 Double Door Gas tl� = one Material T e=Natural Bir HingeFinish=Satin Chrome(U Ri fi ) Door Stop= on Door Thickness=13/4" Hinge Factory Installed=No Hardware Finish=Sal n Chrome(US2 ) Page ate Printed-7/9/2018 11:12 AM Page 63 of 528 Will Doors be Painted?=Yes Door Closer=None SKU m 113-176 i� Door Style=Flush Locking Device®Push&Pull w/Plate Active Door Vendor Name U"F INN'S B,IN-. Door Layout=Flush Only Vendar Numhcr=6014401 Glass r Na Goss Lacpjng mice.cipmry installed-No Cv,�C nwr Str^ke=1 16-3�0-58WJ Door Core=Solid Core Deadbolt=No ca#aiogVonjol,mate r11f/ Wall Construction=Dry Wall Deadbolt PreP=No Flush Mt=Mordsed End Llan U-' Dt=rlp lon i I I' Pa aF aE Pdnted:7)9 /:2 18 t x.12 I. Page 64 of 528 } r Yui ��yy p 93 CD Pi N yyy rn ®®A �] a®® 3 ® ® ® O O s ® vv ® y 0 0 ® Oc, 0990 _ 0 0 d G � W JL ® UJ O (� m ~ ®J iv -I -4 b M co Z co ® v C r0 Is 10 cn Z m -A O s .. 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Gy. _._.__...._ r _. 40 Z y "' ca -< C. =r CO)CA mn< z --i . 51 m 171 ® 00 0 rP ytjj X V 3 m Colo —C MH m .. z l— A 0 X — CD z .. C = � ' Ab 0�r D R:SLGlm M Va ® r O Irc KX 11 o I C Z r ca Er ca M ' Om -c 0 3 �m L T r ui 2 OEM -C m {n =I-i m u coo co r II CD `!C to n kk> > IV ca I t ns -1 C Z A Z M -i :: -Ces 0 CD n. C tp I 1 MA U1 CA 60 69 Go Z cz Eel w w j rA { ® uCD woCD as Page 66 of 528 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EASTBOYNTON BEACH BOULEVARD P.O. #: 181152 POBOX 310 BOY . . NTON BEACH, FLORIDA 33425-0310 DATE: 07/12/18 VENDOR 6890 SHIP TO: TO: LOW 'S HOME IMPROVEMENT WHE City of Boynton each 1500 CORPORATE DRIVE SEE ATTACHED DELIVERY BO TON BEACH, FL 33426 INSTRUCTIONS BOYNTON 13EH, FL 33425 --- ------------------------------ REOWSITION NO, 71.758 ORDERING DEPARTMENT: JEN -------------------------- .........———------------- ---—-—--------------------- ------------------------------ DATE NEEDEM WD NO: ]�--�OAM�SV'ON MIPROVE_M --- ------------------------ ----------------------- EXTENDED LIN E# QUANTITY UOM ITEM NO® AND DESCRIPTION UNIT COST COST 1 1500 . 00 F-A 2X4 40 FIRE RATED LUMBER 8 .4400 12660 . 00 PLEASE SHIP TO: 2045 HIGH RIDGE:.RQAD. BQYNTON BEACH FL. 3342.5 BAY # 1.9... VENDOR :ITEM. .: REMARKS: B.UILDING.-MATERIALS FOR BUILD OUT AT::.:.. .2045 HIGH: RIDGE::RD. DO NOT MAIL PO : - WAREHOUSE WILL SEND TO..VENDOR . . . . . . ... . . PROCUWzMENT !SERVICE&, P.O. TGTAL: 12660. 00 ACCOUNT O. PROJECT 001-2511-519.52-24 T52045 —------------ —--—------- PURCHASING Page 67 of 528 co co I o N PQ I ul I to r r- r i + h r- z 19 pq 1 00 a m rA W LD > %D W OH N W.H r H �4 0 H HS 00 00 H i 0rx 03 r4 i �001 I Pao ch I H m co 0 pq I CD 0 1 z 1 0 0 1 0 C; Ln U I W I C) (14 I'l Ai H i EA W H 0 d) 0 FES r 0 0 (DOC) Id Hm 0 ®®o r -H 0,:, -H rLn- H 0 go0 000 0 C4, coo 11 H 4 E-40 p C; >4 0 Wr to %o Lnmv I 0 0 r O H C14 m m 114 0 FP4 0 �D I-i Iq H Ln 0 s4 rE4 v ul H pq 0 H C) i In W :'(9 N 0% E4 1 1 ca r 0 10 U Ln 1J Z r4 LD O r W A W rd D4 F3 0 1 F4 (q Om Ix 8 P>� I > Z V4 CO P4 F-i P4 04 Eq L-4 134 H El H en 1142 W 4 0 H Fi Ln u �:) E4P,9 pq Ol CY �4 D4 Da H W Ea In 0 H U z nHO U co E4 P4 EF]JX W v r H H ca co z CY 0 Fq pq D4G7 s a W 04 Ul 0 V3 04 zi Ps H Ul M z E-1 m PQ W H i Om iX N i H til b P4 z 14 Q Ix W [A F3 W MO Ln J E-1 0 a 64 Ch E-i 410 I H F -1 Z H rd m 0 Z I Da 04 IX Ln W 9 d) H 0 1 r4 H as Q i E4".."I H Hi H W m FO 1 6p i F-4 WOMHE B-Il 0 DE 0 H i H H ON 4J P 0 mz 0 Uri 9x Fq H * u u 0 z w4ilo Qm I 1 0 0 now H 0 E%q r Oi H 8®1:3 Oom C)W NQ k4 Dq P4 W POW 04 H pq 14 H 0 CD m M z4x ri l li z 4.)(a to H rQ H O 0 z i 0W Page 68 of 528 CITY OF BOYNTON 13FACH MQUIMT FOR PURCMAW 0V= $.1 Opti O 0 Date: 7/10/2018 Requesdagospadment: MabdalsolDWbugon Contact Person--Jan padedli Explanation for Purchase.- �Building-maftrtab-for-build-out-at2046-High-PJdgeitoW-fbr-TwW,PoRmSMan.�I Recommended Vendor Lnwa%Home Im rovement Dollar Amount of Purchase i2diD Purchass(check and a h a up matedals); 15-urce, Three V*ftn QuoWons X GOA SMOCCI PRIDrmspEcT SNAPS WD source Pi=43ack BudgaW ftm Ernervww Purchm Corl Number. WyM' Pdft PMPCEW ON WMhas MIN be pmeftid In IMP um Wo wwbW YAMW th Fund Sou r Purchase: 01:2511:51 OZ22C pprovals: Depaitmerld Head _, _ Date 2 IIJ Al Purchaft Agent Date -?Ild Asst CIty Manager Date Page 69 of 528 I VENDOR PRICE.QILOT S i LOp . ° 2. 8 1 i o- 5Frzw- . 1 3. Name.- Phone -I-11- Name.- Phone 50 Names- Phone 99 i 1V I e a lIIi d gill a I +II 1 I Page 70 of 528 - ----- -----------------=----------a o e ° p C3 CD oCD C9 1 o Ca �- .Nl 1 D: 1 � Z M V LU w h yg \ p 1 VI T /_ r W 1 ® F 1 1 ypJ 1 1 W 1 1 O p LUe® IE E F" A fi a �E S lil h 0 i' _, t sIQ h 0LU i a c r Ci fL A � WW }- A W U) M r V, d 0 �� U) 1 c Wcm Q L m Y/ 1 rL1 1 e 1 fI T 1 �T lu T �lu 49 ®ce ®y T �� 'E C.) m° U py G ) C z LL y C ® ® N FL �v d m Z Q mto CO$ } Q- F, cm N c ® �� m cp LL cmr - T �yal r U yU .'zm Am® � ® ww �v V W rL II1 w c W [h 2 c J �- IL ILU1w 0 0 a a� ® � 3 ry ® L7 O w; CK �� m a w U- O 2 � itJ- m a �. .� z N m.._ } ® .® _ ww ui I 3 ° 0 0. ' pviv LU 0 ® r z x L d 12 w Z. Qm LLI-1 N � o ca ca ® � L ~ u5 Mors ti } ul z m ® o 0 CD LO 0 Z T0 C4, LL ® LL O T w p ti ui U } � .. CL fir- W. IN W w w — N N J Q a IL Page 71 of 528 - --------------- Lq 'o0 00 40 61) m ch cry In IUL cm W i LU cmx as CD tr to Lu d z z 13L w C14 ul m a_ LL O I M CL cm 0 LLI CL tu ea > 0 hi w :it0 E uj LL 0 z 1 23 ad w .......... w -UJ > C%4 LU — Lul IL 0 10 LU CD LIJ E 32 0 iAO p :12 1 Op LLJ 0 Fl- 0 Page 72 of 528 Padello. Jon From: Scott B(Itton <brlttonllumber@gmail,com> Sent* Monday,July 09,2018 2:50 PM To: Paciello,Jen Subject: WW Lumber Firerated Quote 2x4x 10 fireraled Lumber---$8.95 ea 1500 PCs x8.95 $13,425 Pre Tax Free shipping Scott Britton W&W Lumber of Indiantown-OM 772-597-3506-Phone 772-597-5925-Fax ........... Page 73 of 528 Mft Quote Support Program PmSorA= Quote fk 4626= Volume Sevings F-viration DaW 11011120is Customer Narm. Jan CaplaW Saulng Bijetsm Oucte pmed Dew"on: Customer Phonalk 5817428309 pdft Is per Lower.Store at Sk"01111 BN BEACH.FIL Store Phone t (561)733-1397 Staracwted., Glen CAmM �:101uanfty Kam Description [QUIP Unit I E Ne S Ce on S 1S Prv* Price TTREA I B.44 I IM"D I sea �TTREATED LUMBER Total savings for this quct,,Is S65931(4.9%) •All items requested for volume savings rinzy not be nated If Ow.y did not quaffY for OSP 880108. OSP Total:$12,WO.00 LGER SIGNATURE ITHIS ESTIMATE ISN VALID WITHOUT A MANAGERS SIGNATURE. *LOWE'S RESERVES THE RIGHT TO LIMIT THE QUANnTIES OF MERCHANDISE SOLD TO CUSTOMERS NGS •ALL OF:THE pROOUCT MUST BE ORDERED BY THE EXPIRATION DATE IN ORDER TO RECEIVE VOLUME SAVI *THIS IS AN ESTIMATE ONLY.DELIVERY OF ALL MATERIALS CONTAINED IN THIS ESTIMATE ARE SUBJECT TO AVAILABILITY FROM THE MANUFACTURER OR SUPPLIER.QUANTITY.EXTENSION,OR ADDITION ERROR$ARE SUBjEcT TO coRREcnbN.CREDIT TERMS SUBJECT To APPROVAL BY LOWE!S CREDIT DEPARTMENT. I *LOW0S IS A SUPPLIER OF MATERIALS ONLY.L DOES NOTE IN THE PRACTICE OF ENGINEERING,ARCHn"ECTUIRE, OR GENERAL CONTRACTING-LOWES DOES NOT ASSUME SELECTION OR CHOICE OF MATERIALS FOR A GENERAL OR SPECIFIC USE:FOR QUANTITIES ORS OF MATERIALS:FOR THE USE OR INSTALLATION OF MATERIALS;OR FOR COMPLIANCE VMH ANY BUILDING CODE OR BTANDARD OF WORKMANSHIP. I 'L E'S 15 MAMNG THE FOLLOWING QUOTE BASED ON ITS STANDARD COMMERCIAL TERMS,AND DOES NOT AGREE TO TERMS ANo CONDITIONS,INCLUDING ANY GOVERNMENTAL REGULATIONS.NOT SPECIFICALLY INDICATED OR REFERENCED IN THE REQUEST FOR THIS QUO`rATION.IF TERMS AND CONDITIONS ARE PRESENTED,PRODUCT SELECTION AND PRICING MAY CHANGE PENDING LEGAL REVIEW. ,TAXES AND oELrVERY WILL BE ADDED ATMME OF PURCHASE AS APPLICABLE. Visit LowesForProsxam Loom About All the Ways Lowes S Your Business Time&Man" •Business Credit •Delivery •Volume Ptidng •Order Ahead •Account Management In the Store Maw Imonall Page 74 of 528 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 181154 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/12/18 VENDOR 16864 SHIP TO: TO: STEP CG, LLC City of Boynton Beach 407 VINE STREET, STE 210 ITS DEPARTMENT CINCINNATI, OH 45202 100 E BO TON BEACH BLVD BOYNTON BEACH, FL 33435 REOWSITION NO, '71717 ORDERING DEPARTMENT: ITS DATE NEEDED� BID NOCOMWSSION APPRO\VED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 16 . 00 EA EXTREME 31012 717. 0000 11472 . 00 WS-AP39351-FCC (US, Puerto Rico, Colombia) - Dual Band Radio 8.02 .11 .:aC./a. bctn, 4x4 -4 MIMO IndooWave. 2 Access :Point with Eight Interna]. Antenna. Array & Active/Active E/N Data Ports (Requires V10 . 01 or Higher). 2 16. 00 EA ]EXTREME 97004-.31012 : 4'4;;, 0000 704. 00 EW 'NBD AHR 31012 '" EXTREME WS-APC 3 1. 00 EA :. AP-16 .7 517 01000 1377. 00 WLAN Controller Capacy -it Upgrade for C25 & V2110 increases capacity of WLAN so Cbritroller by 16 Points) VOUCHER Access Po 4 1. 00 EA EXTREME 97003-520255 156, 98 EW..-Software SubbcriDtion S20255 REMARKS WTEFI FOR. TEMPORARY CITY: HALL PI ACK STATE CONTRACT #43220Q00:-W$CA-14-ACS QUOTE Q-352:9 . DO NOT MAIL :PO: -: IT.S WILL. SE TQ VENDOR PROCLJREMENT SER VICES: P.O. TO U-: 13709.98 ACCOUNT O. PROJECT 001-1510-513 .49-17 PURCHASING Page 75 of 528 OD co I 0 C) I- I- rl. Go co ON q r- w m t� p a- Ln 0 H a m a >4 0 z C) C3 C3 C) 0 0 0 co Go C) C) C) m Ch W 0 C3 C3 CD o u0 1� r� r� 10 a; C) (D C) 0 L- a r- Ln H li M >4 C3 m C3 z 0 0 C) Or 0 0 C) 00 r0 0 (D 0 0) rt C3 r- Ln 0 04 r, rep li z a M0 1 d4 c3 .4H Ej H OEn m :04 rk® D� 04 H M 134 N COKC r 0 L) Z 040 to O , w W N PQ r N 4 H Oi � N F3 z P4 0 pi H 0 ZH E� $24 E4 H E-0 H u H Ix p Ul H U E� 0 9 p 1 z CX 04 Z H H IsrU di r US U3) fd�>,�4 0 C)Ili I 1 0 H ul :J (d m p P a Uz ca 0 k'q 0 4 9 P:4 C3 >%DpH W 0 - U) m m ro HP4 U3 0� ca 0 Ed 0 H 2�H> Ln A P m m m m 10 H 10 N En In V3 w ! 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ME WVQX 0-1 A a , EA 0 H I XMfX W 0 POO X000 XUVMOO E4400 U14 li a 1-4 H o 04 W P4 �>wzu WMEU m U M 0 U0 0 n C3 .r,t m L4 z Ix rj a) ca U0 U P4 410�) R,us p4m 4CD C) o a H 0 m p I mj�m H 9300 H H �:) p W a4md U-Hurm:) Nmum � HUUEQ:) brim P F4 Ol M W3gw WW 149-4 WN 4t H W 04 H r r m MH 9 1 N �4-4 N M v ca H H Page 76 of 528 OD 00 6 0 1 r- co I CIA rd IW CD C) F* kD Q4 04 co 0 cc H 0 ri Z 04 M CG N MIX m I L3 47 S4 0 0 La 1 0 V ri m 1� , 0MO EO 1 to 0 Q) C) r-i r-i n r-I co 4v N `4 P €4 N 3 9a 1 z rA cq ED z �X: 44 U PH 01 00 41 u 0)rj P 0 : 0 N m z 0 on 10 -r-I m is —I H 0 1 H 4J r-q I r.a,cd �) P i P W—i CO 0,4 E CY0 UO r4 04 41Z TA r-q W N P H I H 0 W W---O ' 43>14J 4J 0 to 1 a o-2 as 0 wen PQ r.,q 047-,O W, I-q U Cyu]Ln Q Page 77 of 528 CITY OF BOYNTON BEACHREQUEST FOR PURCHASE OVER $10 9000 7/5/2018 Requesting t: ITS ContactAaron Burri Explanation r Installation of WirelessAccess i t the Temp CityII T c Source r Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: 43220000-WSCA-14-ACS NOTE: Pricing proposal for purchase must be presented In the same detail contained within the contract. Fund Source Icon 1-1510-513.49-17 Department Head Date Purchasing n at Asst City Manager Date City Manager to Form Revised 02609102 Page 78 of 528 Memorandum TO: John McNally, I.T.S. Director FROM: Charles Stevens, I.T.S. Network Manager SUBJECT: Installation of Wireless Access Points at the Temp City Hall DATE: July 2, 2018 Pursuant to the Basis of Design for the Town Square project, I requested that our Extreme Networks Sales Engineer, Ed Uhler, complete a predictive study for wireless networking at the temporary City Hall located at 3301 Quantum Blvd. The predictive study ensures that the wireless network installation will provide proper signal strength, signal to noise ratio, channel overlap, number of access points (APs), data rate, network health, and identify any network issues. The predictive study determined that to provide proper coverage we should install 18 APs as indicated in Exhibit A. Two AP's were removed from the original proposal since we do not need to provide wireless networking in the hallway between our adjacent tenant's offices. The removed APs are marked with a Red X. Exhibit B shows the predicted signal strength in the 5Ghz range when using 18 APs. I marked the area with a red X where we will lose signal strength. I contacted our vendor, STEPcg, to provide a quote for the APs, licensing, and maintenance. The temporary City Hall wireless network system will be controlled by the enterprise Extreme Wireless system being installed in Fire Station #5. ITS Network Team staff'will perform the installation of the APs. The purchase from STEPcg can be made via State of Florida contract 43220000-WSCA-14-ACS in the amount of$13,709.98. See attached quote. Funds will be taken from the ITS Department's operating budget account#001-1510-513,64-15. When the New City Hall opens, we will have the option to relocate these wireless network APs to the New City Hall building, or move the APs to other city buildings that need access to a wireless network. This can easily be done by ITS Network Team staff. Alternative: If the purchase and installation of the Extreme Wireless APs are not approved, we can move the three (3) existing Avaya AP's that are located in our current City Hall to the temporary City Hall building. However, this will only provide wireless access to a limited number of locations. Our choices will be our six (6) conference rooms, the citizen/customer waiting area(s), or a combination of those two choices. We cannot add additional APs to our current wireless network system, as it is licensed to capacity. Page 79 of 528 Quote STA"WAME PcG Quote Date:06/251101$ 407 Vine Street,suite 210 valid Till:07/27/2018 Cincinnati.OH 45202 Quote Number.,Q-3529 BILL TO SHIP TO: a City of 9 1 Boynton Sch City of BoyntonBeach d 6 t 4 6 Contact Nanie:Chadn Stevens Quote Slage:Detivered 1a S.No. Product Datafts aly Ust Price DiscouRt Towl g Y 1. Extreme 31012 16 $1,195.00 $7,648.0D $11,472.00 a W5-AP3935i-FCC (US, Puerto Rico, Colombia) - Dual Band Radia 802.11 ac/abgn, 4-717. 4x4: 7 7- 4x4:4 MIMD Indoor Wave 2 Access Point with Eight Internal Antenna Array & Active/Active E/N Data Ports (Requires V19.91 or Higher) g 2. Extreme 97 1012 16 $50.00 $96.00 $704.00 EW NHb R - 31912 G z 3. Extreme WS.APr-AP-16 I $2,295.00 $918.00 $1,877.00 WLAN Controller Capacity Upgrade for C25 & V2110 (Increases Capacity of WLAN Controller by 16 Access Points) - VOUCHER t ® Extreme 97003-S20255 1 $167.00 $10.02 $156.98 f ` EW Software Subscription - 528255 ) Sub Total $13,709.98s T $0.00 Grand ToW $13,709.98 Terms and Conditions Stripping and state/local sales tax may apply. State Contract Information Florida — 43229998-wsc -14-acs Page 80 of 528 4Data Communications Products& Services/Aftemate Contract Source/State Contracts ... Page I of 2 5kip-to-Main Content Department of Management Services Florida Degartrngnt of Management Services usiness rations > State !UEgfidaing > Vendor Information > tat ontrac's and Agreements ltemate Contract Source > Data Communications Products&Services << Return Data Communications Products,& Services43220000-WSCA-14-ACS Effective Period 09/08/2014 through 05/30/2019 Contract Type Altemate Contract Source • Prct Catggpries Lis Contract * Cont ors ® Contra ob a u Information tCtrs Co ....y---leg— HLDW to Use 1hL1s_Q_ntract FreguenJLyAsked Questions _ ParticiDatina Addenda Contract Master reernents Documents en pts an grandums Form5 and Other Information Contract 9 Jere y illims 0 (850) 414-6740 Administration i1l1 Wams@dms.mAJorida.gM UNSPSC-43220000, UNSPSC-43190000, UNSPSC-43201800, UNSPSC-43210000, UNSPSC-43221500, UNSPSC-43211512, UNSPSC-43211600, UNSPSC-43211604, Commodity UNSPSC-43211700, UNSPSC-43212200, UNSPSC-43220000, UNSPSC-43221700, Codes UNSPSC-43222600, UNSPSC-43222800, UNSPSC-43230000, UNSPSC-43232300, UNSPSC-43232400, UNSPSC-43232700, UNSPSC-43232800, UNSPSC-43232900, UNSPSC-43233000, UNSPSC-43233200, UNSPSC-43233500 Description • This alternate contract source Includes the purchase or leasing (as permitted by state and local requirements) of Date Communications equipment, peripherals and related services not currently available onstate term contracts. Renefft This contract is available only for products not on state term contracts • WSCA participating addendums are entered on behalf of governmental entities in Florida for Adtran,Aruba, Brocade, Cisco, Dell, EMC, Extreme, Fujitsu, Juniper, and ShoreTel. http://www.dms.myflorida.com/businessLoperations/state_purchasing/vendor—infonnatio... 10/21 m8l of 528 Complete price list can be found at h tps-dwww.drns.rn yffLorida.corn/bus!ness operations/state purchasing/state contracts and a reern rets/alternate contract source/data communications products and services/pricing 31012 $10195.00 3 $740.90 Dual hand Dual Radio 802.11ac/ab n,4x4,4 MIMOIndoor wave2 access point with eight internal antenna array and active/active E/N data ports. Restrictedultory Domain:FCC(For following countries: SIS, Puerto Rico, Colombia) 97004-31012 $50.00 1 $44.00 EW NBD AHR 31012 - PCAP®16 $2#295.00 3 $1,422.90 16 AP CAPACITY UP (C25, 110) 97003-S20255 $167.00 $156.98 Software Subscription Page 82 of 528 Quotation and Statement of Work Client: City of Boynton each AMENEW Date: May 3, 2018 S T PCG Project Name: Extreme Wireless Deployment 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 City of Boynton Beach ("Client"). The purpose of this Quotation is to set forth the terms under which STEPc(; 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 STEPc(3 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 SSI s. 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 v110 controller. V will be setup and deployed to allow the proper workflow. Bridge9AP and Bridge@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 83 of 528 - 1 C25 WLAN controller - 26 indoor APs - 2 outdoor APs - Associated AP mounting hardware&antennas per the quote. STEPc(3 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 SNMF 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 tomake such routine backups during the course of the project. Client has all necessary hardware and software in place to support STEPcus 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/ 's for WOS, COM, IDE, ect. Adequate Power per hardware specifications. 2 Page 84 of 528 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 infortnation 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 85 of 528 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 I st 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 86 of 528 This will redirect you to the NASPO Value Point website and the list of Extreme Networks products and services(same as this linkhttg:ZLwWW.naspovaluggoint.orgL#/contract® ±et 2�fls�4con�tractor�25 Click"Extreme Networks Price File May 2018" (listed below) Extreme Networks Data Communications Products &Services CURR.ENT EXPIRWrION. INCI PTIOW, May 31,2019 June 01, 2014 DOCUMENTS Extie me Net%vorks Master Agreement Extreme Networks,Price File May2018 Extreme Networks Proposal BrocadeAssignment to Extreme Extrerne,acqUiSition of Avaya Net'%,orking ffi.isiness Compare to the document"Extreme Networks NASP Contract pricing" listed as Other Attachment in the Commission Agenda Item. Page 87 of 528 Start Here: htt s. www.dms.m lorida.com business o erations state purchasingZstate contracts and a reerrm nts alternate contract source data communications products and services 0 Click"Pricing" (listed below) Data Communications r Services w Florida t . - r c Afaii Click"Extreme Price List" (listed below) Data Communications Products and Services Pricing PleaseNote: Any stale agency needing to purchase any of the folloWng senrices should contact the division of Te dni io (DiuTel)at n ;Voice am lntemet Prot ( o1P);SUNCOM se ion Initiation Prolocol I )Trunking;Audio Co conferencing;Mdeo Conferencing'.Long Mtance-,Toll- ;a r-t Center. Please contarl U1VTeI for re Information:John Starring at W04111-0004,John. rlln drbtsm a amrnad AFnMdeh,at 550-922-7476® Mohamffiad.Amirzadeb,5dms.mvflodda.com. frau Inc. Pdou List AMMInc.-F' e List Brocade Price List Cisco PelceList II Price List EMC CoMpration Pnco List Extrorne Pfics,List F5 Networks Inc. (1. 277-01 KB) Fujitsu Network Communications, lnc.Price List Hewlett-Packard Price List 4g i �r List litel Price List Page 88 of 528 ~ to N N W Oq IR N W wt NT-4 f` " M M V ' In �a M 0 Q n Ncn uo rq vir r, h 00 m ct M V, tnt 00 UDtn In O N w w w w 0 0N -Ln cr� inri d' N c� CLV a� 0 CL u 43 N w m a IA P Bis LA m �@ c� CL rL r- Ln ' g� s.. 4:f r C CL ® 'c 3 is N b `. ,� ra EL I'd aBFtn U TA CM a� ' _ m� Page 89 of 528 N M DO 00 en Ln 00 1p Fl cq vi Ah Vl- Vv ri M Ri Ln M r. ® ri 4-1 r x r f3S 4� Page 90 of 528 !n .Ln LA 0 W W iA 0 CA 0 0tlL CL M CL CL CL CL CL (v AD .(V Av d) R 2 w w di w w a r_ ZZ 4- :L. F- U U U Page 91 of 528 The entire Extreme Networks NASPO contract price list can be found at http:/Lwww.naspoval oin .orgL# contract-details L4Lcontractor 25 MAC ENTERPRISE LICENSE FOR 1K ES 956.90 NMS- [ -5 NM: V , S-AD -5 $7995.00 39% DE ICES APS -� $1,3 C4,1=10 12E�L 973-UUS2W98 $ �39800' 97LB . $1V2.... 11oviOVIrtual,670.90 3031.3 $2,691........0D 38% WoreleSs ApPlIance for FCC domain(For US, following countries, Puerto Rico,Colombia). Base of 9 APs, expandable to 525 APs In I or 16 AP increments is inclue des 2 free Radar --- ------------------ —-------------- licenses. .................. ....................ry 38% $0.62 V10 RegulatoDomain Key for FCC d oma I n For . following countries:US,' 3 =1 It:------------- -- -—-------- $123.313 SINGLE AP CAPACITY V4S-APCAP-1 UPGRADE(C-25,V2110) PCAP-16 $2,295.00 .90 16 AP CAPACITY UPGRADE(C25,V22 10) ......—-—---------- Page 92 of 528 ==11 -42 31012 $1,195.00 38% $740.90 Dual nd Dual Radio 802.11ac/alagn,4x4A MIMO]ndoorwave2 access point with eight internal antenna array and active/active E/N data ports,Restricted Regulatory Domain:FCC (For following countries:US,Puerto Rica,Columbia) 6 -resu on O: �Hwdw;—ale W �FW 1�_�06�IIR 33LO22 -sul�I�vptmn Sof: ft—i.--r. 'UT5.00 38% Dual Radio 7'902-liac/aLln,2x22 310 ---- miMO indoor Wave 2 S24295.&; $M190 Dual Radin 802,1-1ac/ab gn,2x2.,2 j.L31055 mimo outdoor Wave 2 '143 . $123.38 u��r I�ulatir'ij =301-4 $199100 38% mounting bra cketfor AP3965lle ---—--------------—----- —-------—------ ---------------------- ------- ;'[3W0'703 $55.00 S34.10 IndDnr2.4C3Hz dipole antenna(4-pack) -------- —-----—---------- ----------------- --——------ --- -- 30116 38% ' 1,549.38 Outdoor%142,four, feed,5M,2.5 degree :sedorant ennawith ---—------- LMR4(n6 '____ 6r-T :['WS-C!AB:-IA0:GOMD76N '"q.0B MA $61.39 �7------ -------- - ------------ ------------ Page 93 of 528 =M-APCAP-1 $1998- ... SINGLE PACIT UPGRADE Z5, 1 _._.......... _.............. __..........._.........._._....._....W.......... .� JPWSMIGO-ENT $799. 95.38 SINGES PORE 8023AT PWS OUTDOOR MIDSPAN _....................... _ P - OUT $129. 79. MOUNTING ET FOR OUTDOOR ¢ IPS . . _.310 aca 1 ' P 31.02 Hardware 7=4 ::� Hard-were software Page 94 of 528 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYON BEACH 10 BOULEVARD P.O. #: 181163 P.O. BOX 3 BOYNTON BEACH, LORIDA 33425-0310 DATE: 07/13/18 VENDOR 17172 SHIP TO: TO: FLOORING SF LLC City of Boynton each 3469 W BON BEACH BLVD PU13LIC WORKS DEPARTMENT ST . 9 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33436 BOYNTON BEACH, FL 33435 —---------- TiEQUIIMTON NO. ORIDIERNG DEPARTMENT: DATE NEEDEDMID NO: �COMPMNSSION APFIROVED ......................... -------------— ------- EXTENDED LINE# QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST 1 2916 . 75 DL CHURCH/LIBRARY 1. 0000 2916.75 Remove carpet and dispose downstairs floated not glued so paddingdi ' Deal as well and tack strip: removal 2 2756 .25 DL CHURCH/LIBRARY. 1.0000 2756.25 Standard Ca ,U%et Install glue down .. stairs' inc.— ng. glue do stairs and gluewn ovel-,?- 3 440. 00 DL CHURCH/L.IBRARY 1 ,0000 440 . 00 Standard'::Carp e t .:Glue 4 2116 . 80 DL::' CHUR 2116. 80 CH/LiBRARY 'D if f e rent car spec using mohawk product color SC 5 3138 . 75 DL CHURCH/LIBRARY 1. 00. :00 3138 . 75 Remove carpet. and :dispose downstairs floated not 7 . . glued so padding disposal as well and: tack strip removal G 2441.25 DL CHURC,H/LIBRARY <'1 0000 2441.25 standard Carpet Install gluedown :- strais. incluaing glu' e stairs UP. 7 1852 .20 DLCHURCR/LIBRARY 1 . 0000 1852 .20 ff i erent D .. .... .. carpet spec usin9.:m0. product color': TBC 8 400 . 00 DL CHURCH/LIBRARY 1. 0000 400. 00 Standard Carpet Glue PROCURER EN"r SERVICES; RO. To-I-AL ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 95 of 528 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 181163 P.O. BOX $10 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/13/18 VENDOR 17172 SHIP TO: TO: FLOORING SF LLC City of Bq ton Beach 3469 W BOYNTON BEACH BLVD PUBLIC WORKS DEPARTMENT ST . 9 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33436 BOYNTON BEACH, FL 33435 RE QUISITIO ON NO, ORDERING DEPARTMENT:N r DATIE NEIEDED. BID NO: COMMSSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 9 700. 00 DL CHURCH/LIBRARY 1. 0000 700 . 00 Ramps where need to get to tile, prep as need to make work and wrap two Steppneed to be on both .lades 10 500 . 00 DL CHUR.C.N./t.t.g. RARY' .... 1.0000 500- 00 **Inatall. Carpeton steps septi r4tb::; item*:* 11 4386. 00 DL WAAEH USE/PD :1.0000 4386.00 stand. ;ird Carpet Inst.all .ware house .l ..... area and front area REMARKS: :C-ARPET FOR"LIB ' TEMPORARY SITE & INS T ALL' CARPET AT PD SITE:.. QUOTE #739 & #141 (LINE #1 ONLY ON sm PPO UREMENTSM ECES: P.O. 1'0�TAL- 21648.00 F-P- C- ACCOUNT O. PROJECT SEE BELOW PURCHASING Page 96 of 528 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100E S YNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 181163 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/13/18 VENDOR 17172 SHIP TO: TO: FLOORING SF LLC City of Boynton Beach 3469 W BOYNTON BEACH BLVD PU13LIC WORKS DEPARTMENT STE. 9 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33436 BOYNTON BEACH, FL 33435 REQU&TION NO, ORDEWNG DEPARTMENT: DATE NEEDED� --7 MD INO: ISS ON APPROVED��CO'MM EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ACCOUNTING INFORMATION ONLY DO NOT SEND THIS PAGE TO THE VENDOR* ----------------------------- REQ/ACCT DATE REQ.; BY. PROJECT AMOUNT --------------------- ------- - -------------------------------------- 0000071718 07/03/1$:. :- FAC/.JL .. .TS0115 17262 . 00 00125115195224 0000071718 07/43/x'& FAC Tt 0 4 5 4386. 00 . .2 mom.. 00121115214917 ------------------- ------------------- -------------------------------- m ........... PROCUREMENT SERVICES .O. TOTAL- ACCOUNT NO. PROJECT PURCHASING Page 97 of 528 rm f ➢ Y ! i r g ➢ M in 7 I ➢ ➢ i 71— ➢ i Y i Y .® .. k ! ➢ t� ii ! I ➢ m r a r • m m ° a s ➢ 8 � ➢ ➢ ° B ! r B t p ° ➢ ° 8 1 ° ➢ ➢ Y ➢ ➢ ➢ i k ➢ i t t ! ! F ! auam ➢ ➢ k k t $ a a cl ! ➢ 1 s v-1 v4 ➢ Y ° racoo ➢ e i m i to VA w rl Ck 0 al wl fn 8 ➢ d i ➢� t ➢ ® ➢ Ila 0 I 1 0. ➢ ➢ t ➢ ➢ B ' ° Y 1 � Y ➢ ➢ i ➢ i t ➢ ➢ r ➢ a t ➢ • k ➢ i wa r i in In 13 ° k Y �g 1 k i ➢ ➢ B d ➢ ➢ 84 t°i re ➢ k Yo•! P 9 e orFrlIn M 93 Lnr ➢ ! 110512 ! 14 cl � B ➢ ➢ Y k i �T A 6 a k ➢ Page 98 of 528 1 Y 1 r 1 Y tl 1 1 n r 1 1 1 I 1 tl tl r r I 1 1 I r ! i r 1 l a OF 0 I Of l i 1 t 1 I I i 1 1 I 1 1 1 r ! 1 I 1 1 1 1 f r I 1 1 I r r i I 1 1 1 r r 1 ! 1 i 1 1 1 1 1 i 1 1 f ! tat A 1 1 Y 1 1 1 1 1 H F.4 1 f In 9 I 1 r I 114 H ° I I ri I 1 W 1 7 H I ! W 1 I 1 I 1 1 Ei ! 1 1 1 ! I 1 i I 1 I 1!J i 1 1 1 1 ! 1 1 r 1 1 1 t I Fi I ; ! 1 r 1 1 I I 1 t 1 1 ! 1 1 1 1 1 I 1 I I i 1 1 I k 1 ! ! 1 1 1 1 1 ! 1 1 t � ! 1 1 1 ! ! rl 1 1 H 1'i Y f H H F ILn rq W 1 1 1 ! I I I f 1 I 1 1 1 r i I tl r iIq ri I r Page 99 of 528 1 4 t 1 I 1 1 I 1 F 1 I I Y I 1 1 1 1 1 i ! 1 1 1 1 1 1 r 1 1 1 1 i a ti 1 P iEq sa m m ri i rf 1 r r I e®1 A ai v1 ei N � ri ! 14 LO In 0 in In CD a 4J rq 41 1 1 1 1 1 r I 1 Cv I I I 1 I B 1 1 1 3-h 884441 9 1 PCI 14 1 j 1 �-0 I A I All1 1 1 r r 1 i 1 o-44 ell r4rd 1 a an to Ila t r ®, gig i w 43t 44 q4 44 H i i m IV tR go1 1 1 Page 100 of 528 CITY OF BOYNTON BEACH RRQUIW FOR PURCHMID OVER $109000 J Date■ Departments.Requesting i 1 Mootz ExplanaUon for Purchase: To I '�� 5F 7 r S P 3: 77VI- 1138(0-00 3 9 L�-6 4L-4 CCS 5.3 Z&- -3" l 7 Soume fbr Purchase(check and stlach backup materials):Throw r Stift Conbiat PRIDENMPECT SNAPS Sale Source Item Contract Number A Approvals: pro also Department Head Pu f _ � Page 101 of 528 CERTIFICATE OF LIABILITY INSURANCE Boma Y CUM E RMOINIMATME ON PRODUCIEK AND TIRE CRIONWATE HOLDINIL L caNkub rvwoum Jay Insurance 2631 NW 72nd Ave SLft B MWN Fl.33122 �.. _._ .. A ir � 0141 .. .� 0 0,0 r WOW ROD"8 3469 W Boynion Beach Blvd 48 BWbm Beach FL 33436 T i F MY CWM417T OR OTHER DOCIaWff KM RMPECT To valM 7WSER MMCATE MAY BE ISSUED OR CAM Y . :HE i uffm IEIE� Tm } p M r VA t E m r � � r inn WIN zomm AW AM . Y - s HM AUM MUD rE. . ., am 61924 000 j. E E IDS d sombn Botch100 am Bar"Boom ohd B"nion Bout Fl.W=CRY Of BWbn BWA:h1 ACCORDANCE e 1 Page 102 of 528 REQUEST fOR OFFICE ASSISTANCE FROM: .E *PRKWJTY I DATE NEEDED BY.- 0 Copy Wbrk ?- Number Of Copies: Doubl"Mod/CWkW&Stapled _— E3 Request kw 12111DIrect Pay R04.for the aftmhW - Vendor or Person to be n1mbunred: Account Nurnber: �: Request for Requieldon- Account Munrilmr. S, PwAd No.: a Verbal Quoies MM to$1,999): Vendor .. ......... a VendcCodY a ..,......,�....� Y COW.-- • Vwxlon M $9,M-99) o T , . is Old# — • r (Over$25.00): 0 Fib ® , : . t : i out Date amovied, Pkws sign and retu I m this fbm to Ow Me Mire Inbox;feM hm to make any commrft below. Page 103 of 528 U Me 1— Estimate eu�U. BOYN70N BRACK FL 33436 P:561-777-7896 F.-877-394-3499 EMAEL.,FLOORINGW@GMAIL.COM MME Eau MT F BOYNTON CHMCHUMMY ROM"MW did dMpM dvwnddm flostod not Sload so padding 3.M 0.75 Z91&75 1# downstdrs ad Zbodown ow WeStandard Cupa aim 40.00 440A1 2,116.80 4.185 0.753,13L75 1 Slandrad Cu"one �790 CAP1 0 40.00 400.00Md MV We Op nood to be cooldetad an both sides 1 Sides Tax 7.00% 0.00 TOW t7s Page 104 of 528 u _ 3 321 N C=SnM AN DWmy B@Kh FL 3340 m PROJECr NAME:Boyftn Beach Church WA CHUROi ZOPMOO Upftm glue dam MOD Page 105 of 528 pham g=kftV3PDK we OMP 1IVY 11 @Aww TodrA I A*S,q*q :zq Pmposd Submftd To Manion Know QkV20fBoyntan Beach Gall Mack (Sol)142,=5 f propcod Nun job Jab# Job 111109 Propoeg.JID 222 RE Gth An 1 101470 0 ab 0 Cue* cons Mow r CAV Loup-Ir-10 cL TBO/To Be Selected 132M By $4.05 1 114.15 132.W n CaMd Removal 132.00 CarW Disposal 1 i i Base-Install C NOW LF $1.10 $2KW Open Market-Bass Fumbh dr 240M LF $327 IMAO } 12M Hour $49M $694.W Open MwkaW�Prep Materlois 1.00 Ewh $W8.18 .1 Open Madcol�2 Stairs 2.W Each ® 1i 111815M BF S1. 1 OW Marled-Excasoilve I fbarn beclod i $2.75 $30&00 CEFW Open Mark&Glue Down Romp i $107.05 $107-96 Trarullions-Install 24M Open Market-TransWons-Furnish 2.00 LF 1. $10220 Frftht L00 Ewh $176.24 $170.24 ftm Bid TbW* M" Propowl 1e ® (681)279-38W 1 1 ®NJPA CanksM 121716 In f kdW f V. , Include,but In rat ImUed to,levellng or WIndIng,oncapoulsion or owing, door prep be s 1 . 11.Emakulom,aft dodt,mow toor prep, . pams 1 Page 106 of 528 Joe Frank PMY W ,4 30120 r e� Proposed ftbmftd To F : D do tM t ,aFi 1 222 NE OM Ave 115 N FaftW. ftholy 101405 . P su 1 :11fid 1011; 11-Textured Loop-Ir-10 oL Tssnb Be Selsebod 250.00Loop-Ir-101® WOO I t Smadkwn Instaliegion 2SOMt Copelt Removal 2MIM By $2.75 $Moo DisposalCwpat 266M sy $1.20 $30720 Insladl 411 240.W LF $1.10 SM.00 Open Markal-Bass-Furnish C 240.00 LF $3.27 $7800 1 .w Hout $40.60 SM-00 Open r Prop Mortals COO Each SM.1111. .1 Skinwouffna P&Morlsdals 2,304.Wt Open Meftt-Exces"mmoval kam backed 256.00 By $2.75 S704M coqw Insdall 12.00 L $51.14 $51.14 Freot 1AG Each $W29 $32729 BM Bid ToN. 1 Pnwassl I 3® Ill ) .ImAdeVon PeAner Somink Carina One Fkwr&Home C 1 1 1 171 I. I Ile and Alk Of ION Pmon to the purclumor at the time of maladall delbmy to owwr proMW address. In . Any drounwManows handledlabor Wil be work a mk*num of 8 carsomMem hones a day urA cooplation,Dollop oVw than%uft or GOC will ninuft In dwgoa for dwi-dais. motedels omftlnkg Include,0. Extensive flow prop Is aid Included In ft pdw but ffW be nwasmy due to undbrossain conditions of ft sub-illoor. ThIswiekmay but Is nDt KMA§d P WA&V Or WIMSMII, 10. 11. In pwasal, u 1 .811 License Nurnbaw AL 60787,AK 40119, !CA 100711t 1 T 218017, ® WA 33SMS,NU631M NY UT 0531877-Mi, li 79 P P 1 Page 107 of 528 phorm =kHV3PMKVr MMD" 111 � aFewI � 4' w Ifid"MIAGM, r city adf Boom Gall Mooft (affl)742-MM 13 OVAAS Church to 222 NE BaWyaft a FL 334W OWN i 1 Lcop-Ir-10 oz. TBWb Be Sebcftd 222.00 By Mi. 1000 MUROWPOW Aftshe 4 Gallone SVORdkoin Irmladisdon 222,w BY S&05 $1,343.10 222.00 By U76 $51OZO camd 8 222AD By $1.20 $2K40 14,00 Hour $0.50 $M-W Open Madatt-Flow Prop Mabftb 1.00 ESM $454.55 $454.55 222.00 sy $2.75 $010.50 12M LF $0.94 $11221 Open -Trandiom-Furnish 111W LF $51.141. Fmwm 1® Bm Old Told-® SSAIOM Inclusions I. (SM)3qg4WM i 1)ZMM 1 1 121715 S.M§WW NO OW dak Of less passes b to purchaser at#w Ims of matedol delivery to owwr pmvkW ad*am 0,Noo Includes;work as spodPd*eftivel in Ow above ano*ftn fbr ft quwfflw dated. Any olmownslancas IM require addillonsil Near wPJ be harefled through the cheap order proom 7. RICO Is blood On 8 Ombecutho Installation PWW wWW ddop and Is bond an the cmftner aDwAV installation mm access to f G. Extensive Pam prop Is not Widw!in kwWo4 but Is nut knited ft 9encepwiallan. P or extenstim wmhg of o shoub extensive you will mosive a dwqp order ter to ® neassawy wwk. 11.Excluslorm aft sock,mojor floor e 811 License Numbow, AL SM7.AK 40319.AZ 191003MOMWO300068,CA 110073%r a MT MGM, 7 p NM3M*,ND5310@,NY5N24D4T10, OR205MM381111S.TNO9109. UT 05318"-Ml,V 1 . 111 1 InhonOW Solugons at fax 0 706-06-32M to r ftp 1 of 2 Page 108 of 528 � n=HV Is 308Y Md Dmp 1 r phum AUMUm --][ (31111 Mae& Q 1 1 Job SMPQlchumhto BMW Job IlbVit NE D&Ave 1 a1 Plan Su I .otured Loop-12.10 aL TBNT0 Be Solecited GIM 1000 MuWpvpom Adhesive 4 Gallan1. Broadloom Inalakum 51-00r Bm-Instal 40 1 1. 1 Open m 120.00 LF $3.27 $392AC q Open Marketflov Prop MaWkdo IM . 1 r00 SY 1e Trunaftiona-I 6 12.00 LF $1128 Open Markol-Troneftione`Fwdsh 1.00 LF $51.14 .1 Fretft 1® i $157.35 Base SM Totd: 1 Proposal Inclusions end m I.LAmOl CONSIMUlt VVIIIISM . lrwWbftn ftrtow. 1) 3. a i 121716 a I . S. Ediulwl bur PmP In rat b*mW I Inclixim,but Is not MMod loor prep be mWhed.You al s ® 11® rl Ucam Umbers: AL 50707,AK 41MIS.AZ RMIX11956INX302ft CA I OMIT,I 17, NV MW44M8M4MWMamem47,No mm, Nm mMM No 53108Ny 0424"VIC, OR MSM R,3mg,TN 8910p, Lrr 901677-Mi�VA 2705167974,WA SHAW111853DO. 13.Mem fax Your Pwdmw Order to&mW I I ° Pap I of 2 Page 109 of 528 Md Drop 11-01 how I d strlff , IDOL Vnton Bow* it � 7 1 1 lcknch to ubm�q4vdftft 9=7 1 A68propcoad Nowell Job 0 Shea Pmpnd 10 Z2 NE 91h AveI 101507 IBOYNTON BEACH,FL 33435 NON Nam Loop-i.10 Sy $4.08 $747.04 4.00 Each $36.06 $152.20 Broadloom hdakthn 184.00 Sy SLOG ,11 184.00 By $2.76 184.00 By $120 Don-lndd V 240.00 LF $1.10 $2K00 tsh a- 240.00 LF $3.27 1 OPen Market-Floor Prep Mateftle 1.00 Each SW1.821. removal fbarn 184.00 T -Indall 24.00 LF $0.04 Open 'T1n $10228 Freight 1.00 Each SMAS SM.18 Blue OW ® ".131AG i I.LOW 00hism VW1kInIf • I 1) a. t 121715 6- MmftrWtVGwMftkafkwPmewtoftpuntmwatft*aodmaWNddvoytoownwpmvkbdmWrsm B. Price Includes work=spedfloally abded In the above clasorlpfion for tt*quenfilles staled. Any dromandances t labor II be harded twwo the champ order poem. ® cmdamerI work a minimum of 0 corasumANO hours a day unill mrolegm.DsWV other them game of Gocr will naag in chapea for . 6. PrOpoed does not I work.0. ExIonelve floot prop Is.not Included In the price but may be necosesty due to unlitimseen oundflikine of go wAoftor. ThIs work nay 1 •AN priding Is 11.Exdustans.aft equipment stock.vacuuming . 7,NO 73W Nat Seleft ND 63106. i m OR 2DSM,pj SM96 TN Mop. LIT VAWR41M,VA 27WIUSUM, Image 1 Page 110 of 528 �k ( j A 11-01 aftw ffivIrRIF16% Mo. Ewa* Gamoft Cky,OfC. (W)742-013 O&W8 222 NE 9th Ave 115 N FedwW H19MW 101511 Bwirftn Beach,FL 33435 souraAwl BOYNTON 8 FL 33435 NOW Now I Loop-17-1 0 oz. TSWo Be Sohmtod 1 1000MuWu"wAdW"4Gakm &00 Each 0&05 $114.15 Broadloom hbkdbn 1 Carpet I 1 OR"DNPWW 145.00 Each $120 $174.00 Base-IrwWl V 120.00 LF $1.10 $13100 0 1 $M.40 Flow Prap(hourly I ) 12-00 Each 84.50 woo Open MarkeWcor Prop MallefiWe 1. 1 SkknooWng Labor&Mehufals 1,305AM Each $1.631, Open MorkoW—xrxmwW I fbwn backed 1 7 CNPfd Install 24.00 LF $0.9402.56 OPon ® -Furrish 2.00 LF $61.14 $102.28 1 $160.82 . I.Local ContacL,Mime Sanchez WISIMAwfichazGelaoMmoom (305)3094MM 2. Inshildlon ®Banunk Carpet One Floor A Home ( 1) 3. 1 1 171 ®I 7. RI. I Propowl Indude,but ft not Routed ID.loveft or b wwqxubwon of swaRv.or extend"Sonqft of in subollow. ftw prop bo 0 1All pdft Is loseed an work bft Comphdod dtft nonnal waft hum. 11.Endualow aft&kxk major ftorunless 12. fi 4WIa AZ R003WWMOCBDCBM CA IW731t®! 2=17, NV OS. KM 3Wft ND 63106,NY W-29404711C� OR== PJ 3M9.Toll MOO, Ur 1 1b 1 . 7, 'I Page 111 of 528 Krasnoff, Leah From: Greco-Arencibia,Adrianna Sent: Friday,July 06, 2018 10:13 AM To: Krasnoff, Leah Cc: Mack Andrew; Moot7, Gail Subject: Flooring SF Requisition 71718 Attachments: SKM-C36818070610390.pdf Importance: High Leah, Per our conversation, attached is the revised requisition request for Flooring 5F, Please continue with issuing the PO and we will make alternate arrangements to purchase the carpet. Thank you From: Blzhub Sent: Friday,July 06, 201811:40 AM To: Greco-Arencibia,Adrianna <Greco-Arencib!aA@bbfl.us> Subject: Message from KM_C368 Adrianna Greco-Arencibia Assistant to Director Public Works/Solid Waste City of Boynton each 222 N,E. 9th Ave. IBoynton each, Florida 33435 561-742-6596 561-742-6211 E3 Greco-ArenciblaA@bbfI.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 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 112 of 528 -26jebw Estimate ® ®. 3469,W BOYNTON BEACH BLVD 09 �DATE BOYNTON BEAM FL 33436 6rA=18 Bm T CrITOPROYMM "MgE am a 1® 2.55 � f 0.40 ®7 ' 1 EA DO MMS LOW PRICE BECAUSE OF AN EASER INSIALT,NOrGOINO OVER ME, NO M?AND WADE OPEN AREW 7.00% too R Page 113 of 528 321 N Congress Ave Delray - War ELQQBM Install Carpet glue down throughout warehouse and large front room Labor Only material W be suppllecl by dlent 5,100.00 Install Laminate Labor Only 6450.00 Page 114 of 528 07.02.2018 Estimate Bill To: For. CRY of Bow" Floor Replacement x xighge Ra de Irl Irl Quantity tusk Boyyftn Beach Fl 33426 Removal o 'it' tri I a I tall-CP linsfial called gas dovwn M warehouse wea LABOR ONLY 3.00 1, 7& 4,340.34 Instail-cp Install carpet glue orA saffloo area LABOR ONLY 3,00 326.67 .01 Instal-LAM Install landings in one room LABOR ONLY 1.75 660,00 1155.0 IIF you have,any qN0nus concerning this Estimate, contact: yanalsi Cruz 561-29"760 s: toad Total at:4 6,481.35 Iwolce TOW 5,461.35 Tel 581-254.0760 834 NIN 81h way toy Beach R.33426 yanebyr@yahoo.com -------------- Page 115 of 528 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: IBI173 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/17/18 VENDOR 7921 SHIP TO: TO: TJ BOWLES ELECTRIC CO. , INC. City of Boynton Beach 413 N.E. 3RD AVE SEE ATTACHED DELIVERY BOYNTON BEACH, FL 33435 INSTRUCTIONS BOYNTON BEACH, FL 33425 REQUISITION NO, 71.771 ORDERING DEPARTMENT- CITY MANAGER/FIN/LK - PW DATE NEEDEM BID NO: :1 HCOM M:iS:8:i 0:N:A PP ROVED. EXTENDED LINE# QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST 19320. 00 DL CONTRACTED ELECTRICAL WORK FOR 1. 0000 19320.00 TEMPORARY PD SITE: RECEPTACLES PLEASE SEE ESTI MATZ....41,547: FOR LOCATIONS...... 2 6390, 00 DL TOTAL LIGMTING OPTI #4. 1 . 0000 6390.00 (12). L" AM- P8:::.._-..::REP LACE::LAMPS WITH sm m CO .:'COBS OVER SORA (17) LIGHTS -INSTALL T5 OVER OFFICES : IN SAME LOCATIONS:.:: 3 11100. 00 DL OPT m:'. TON .#3 : INSTALL LED 141-BAYS IN 00 11100 .00 SAME LOCATIONS. ALL WORK TO BEP8RFORMED AT- 20.45 HIGH RIDGE RD. BO TON BEACH, FL. R2MARKS: INSTALL ELECTRICAL FOR TEMPORARY PD SIT ESTIMATE #1547 PROCUREMENT SERVICES: �36,81�0� 00 ACCOUNT NO. PROJECT 001-1214-512.49-17 T52045 PURCHASING Page 116 of 528 N W FJ Y rpaH ff} N W I � H 1 O) C3 0f] vq go€15"0NH rONOZ 0 0 H W H W$] n F3 0 n v t® n 1 0 I tw H hl H Qoo o Q r Qp H 1 H 0 q ` H'A1 pt�HCT] t+ f7 1 0 H F-d G2 M G]' H H VJ C`�H 1 r3 � sA fp H 0"3 W IqLCwId G] Bgmt m 1 H �4w H°° 0 0F3 w � M 1 0 H 4s an w .. .. 9y 0 ,. n[n d a3 .. .. U5 I ° [m Fs H H P cA WNW L� Cy • O m In t' H G5 C F3 m 1 o N H 0 0 H w t%9 4]N t} LQ 0 H H H C H�7 bb f]H'4 i4 "old n F3 I W H r3 J 3 F3' tl N t° q G3 U3pVF3 1 w H 0' U M t7' Q' H H W GSH H ! FC HM • '�j HW C}H H W W 1 000000 C"H d L�H 0H ty i y F3F3HHHH q Ln x 0 z 1 it H 3 W t� fh 1 CI] n9 [A U] pq1 d H � z H i H hi HwH H� W H y H� pd i rJ33 z []H3nHn 0 G) 0 Vj (n H ED Uri H Q 0 l� i ro C] H 0 " 0 N H iN 0 F3 f] Q 1 -.. [tS ci 1 W Vj H 1EDi w 1 r H tj H H 41 F' w i [ ddHcl 1 Iak N I Q o ED P] ra r� a o ! H F3 D H rd F3 dhadNNQ i 0 0 l y � H Q 0 I Iti [�d Q O 0 0 C� 1� I 1 C"1 As PAF®P c A H 1 i �q w �3 ST 11!R ttl C`P Cl1(] d I H o ® o pa rla [n � & lA H r3 H b rn cn w co Iia 0 o 0 i 0 o x o aH 000 q q H H H 0 a 0 1 eo00 0 F3 0 0 0 v 0 coo CD o 0 r d [a F3 v W- F'• H- 000 P. aW LQ a boo 0 0 iH I 1 �• � €�+ [/S w N. W Q'1 44 1 H [n d 1 Fl w w 1 C+7 C] H FW h} ON 0 I 0 0 1 0 0 0 0 i &D 0 0 0 0 0 b I H d ' M-3-.Jz 1 1 H WHWU 1 I ° I 1 ' WowwI 1 F4N I 1 1 H [#a I 1 H # 1.1� M i Vj Vm t' 1 1 a f]y w W N W Cil W ' til H I 1 d d H Q00 l[d I f ro I no 0 F3 1 I \ \ 1 1 W W I I O W 0 114 Page 1117 of 528 2 CITY OF BOYNTON BEACH RWUWT FOR PURCHASE OVER $10,000Dats: 7/1 OJ2018 Requesting Departmeft PIN/Facilldes Contact ftmon.0 Gall lanation for Purchase: Install electrical ter tamp PD ale, receptacles and IlghUng not to exceed $W,81 0.00 Soume for Purchase (check and attach backup materials). r Stift Contract PRIDEIRESPECT SNAPS Sole Souroa P1qQy-qw* Budgeted hem Emergency Purchavo Other Contract Number Fund Source for 0 001-1214-512-40-17 I [Approvalaw top Date PurcFhasinga'Agent Date Asst City v..v Manager Date City Manager Dot. 7 i:Zb Page 118 of 528 REQUEST FOR OFFICE ASSISTANCE- *pRIORITY I DATE NEEDED BY: E3 copy Work - Number i 1- : small[3 Type from the attached/transcription tape I 0 Request for 121MIrect Pay Req. Verbal for the attached - Vendor or person to be reimbumed: Request for Requisition - Project No.- Account Number. —r--5 List hems wiQuantities&Unit Costs an the back of this request. $1,999): Vendor Cost: Vendor t: Vendor. t: L3 Written Quotes($2,000 to$9,999-99)—Attached. >2!�Wrltten Quotes($1 O.DDO to$24.999)w/PuMhOsss r S 1 - ): cl Bidifter Entity( r ); Bid A Bidi -Attached. File - „ - special Instructions: - . Date completed,-.. Request completed Please sign and U rm to the Ice Stafft Inbox,m tfmgbelow.to Mgke any comments Page 119 of 528 T.J. Bowles ElectrIcCompany, Estimate 413 N.E. 3rd Avenue 61 Boynton Reach, FL 33435 E t2912018]t1t547!J Phone # 561-732-3026 Name / Address City nt 100 East Boynton Beach Blvd, Boynton Beach, FL 33435 a ty of Boyoton Beach PO (temp) 2045 of soyit, High i ELECTRICALDescription Qlty Rate Total ORIGINAL CONTRACTED WORK TOTAL = 19,320.00 TOTAyy1 0.00 L® 1 0.00 DETAILS)SPREADSHEET FOR `$6,390.00 TOTALACTAttached Worksheet for 1 25,710.00 25,710.00 Details) SUBJECT-PRICE IS GOOD FOR 15 DAYS DUE TO WIRE PRICE INCREASE- ESTIMATE TO CHANGE PRICE EXCLUDES PERMIT FEES A E NGrNEERrNG FEES NO CUTTING OR PATCHING OF Y SURFACE UNLESS OTHERWISE SPECIFIED Should it be necessary to retain an attorney to enforce the terms of this agreement or if any outstanding balnc are sant t collections,tresponsible par at top) all be held responsible r all attorney fees,costs,a costs of collections All past due Wances are subject to 1.5% interest monthly alp i annually) 0 1 LED 4° dkt Please i n Estimate if You Would Like for us to Scheduler J Total 1 , , E-mail TTBOWLESS61 @BELLSOUTH.NET Page 120 of 528 T.T. Phone (561) 732-3026 Fox (561) 732-6133 413 NE 3rd Ave, ftnton Beach FL 33435 6/28/2018 City of Boynton Beach City of Boynton Beach Police 3602-3606 Quantum ,. Boynton Beach, FL 33426 bepartment (temp) QTY. ITEMS NOTES PPJ:CE EACH TOTAL 16 receptacles - ii 2 receptacles quad / east rooms 60 receptacles duplexmiddle / circuits 23 receptacles / middle r r2-circuits 25 receptacLes duplex / t 5-circuits receptacles t rooms receptacles twist rooms / circuit switches r ceiling light / west room $ receptacles twistls / I- $ circuit 28 receptacles duplex / front 5-circuits front receptacles duplex / f rant window cubicle / 1-circult TOTAL PRICE IS FOR RECEPTACLES ONLY $ 8 320.00 1 ik'j..m i 7® =77 * f2QLV _0QjWjaW= *** TO BE AbbEb TO TOTAL PRIdE IF CHOSEN *** power pole adder up to C7) - Abb �. (equipmentFOR LIFT CM DOES NOT HAVE ONE = Abb $1,000.00 ALL RECEPTACLES ARE SURFACE MOUNT *** Page 121 of 528 LIfiH_ 7 All Options Include Unhooking the Existin _q (30) 11-11-bay-Metial Halide Lights by Not Removing so QUQjEWZnQUAj replace lamp withIr - $4,5001100 30 UOTF/0 install i- in same locations 30 QUQTF/QtngNM install LED hi-6aysin same locations mow__ ti f more light a than option (rough , storage to save money) f 800.00 4 replace LQMPS - install17 lights ! in ti10 TOTAL PRICE IS FOR LIGHTING ONLY (Option #4 Used) $ 6,390.00 MOONRISE TOTAL *** PRICE INCLUDES RECEPTACLES & LIGHTING 25,710.00 MICE IS 6000 FORY t1 TO WIRE PRIG INCREASE-ESTIMATE SUBJECT TO CHANGE PERMITRILE EXCLUDES FEES,ENGINEERING 777 F:t PATCHINSOF A W SURFACE ! Subject t Interest Monthly(18%Arfly) Should it t in t Enforce t der f this at r i outstanding SentCollections, t l Party( )Shall be Field Respons6k for all Attorney Fees,Costs,a Costsf Collections r: P I ea:s C�S�Ina�e qd�/fax b�ack if�yau %Pould like for us to sche ule for the work to be done Date a7h-7 it Page 122 of 528 Estimate INVOICE 3469 W BOYNTON BEACH BLVD#9 BOYNTON BEACH,FL 33436 =DA 753 ® P-'561-777-7996 - Bill TO CITYMBOYNTON 5 MgMdge Rd Boynton Dead FL L10-130300010 Descdpdm My Rate Amount Sudace pips and wire 234-20 amp oudels to make new office spaces 88,000.0() 0. €p ° 2-30 amp outlets0. .00 Pips and emirs 2 J boxes for fiflure light s 0.00 0.00 NOTINCLUDED 0.00 0.00 *Permit or S *Any paintingr fns *Any specialty light fixtures or ceiling fans *Any other requirement t may be requested by the authority having jurisdiction 7 1/3 DEPOSIT-1/3 OU ON-1f3 AFTER FINAL Sales Tax 7.00% 0.00 Total $99,000.00 Page 123 of 528 PROPOSAL 14478 CAREY& KNUTH ELECTRICAL CONTRACTORS, INC. PAGE I OF 1 221 SE 6TH AVE. BOYNTON BEACH, FL 33435 (888) 733-S973 (561) 733-5600 FAX (561) 733-3379 TO- CITY OF BOYNTON BEACH PHME bit L ATTN: GAIL MOOTZ JOB NAME I LOGAITON 100 E. BOYNTON BEACH BLVD 2046 HIGHRIDGE RD. BOYNTON BEACH FL 33435 BOYNTON BEACH, FL NUMMR, PHONE .. ...... We heraby suink FURNISH LABOR AND MATERIAL TO INSTALL AS FOLLOWS: 31 -NEW HOME RUNS,20AMP 120VOLT 2-30AMP 120VOLT OUTLETS 23D-DUPLEX RECEPTACLE OUTLETS (NO GFI-S) 6-2X4 FLUORESCENT LIGHTING OUTLETS. FIXTURES SUPPLIED AND INSTALLED BY OTHERS. REWIRE 30-HIGH BAY FIXTURES FOR RETROFIT, COMPATIBLE LED LAMPS 3 ® I POLE SWITCH OUTLETS INCLUDES: SCISSOR LIFT RENTAL 30-LED LAMPS 20-WIREMOLD POWER POSTS ADDED BREAKERS AS NEEDED EXCLUSIONS: NO PERMIT FEES INCLUDED. NO FIRE STOPPING INCLUDED. NO LOW VOLTAGE WIRING INCLUDED. NO FIRE ALARM INCLUDED. .......... ............... WO PrOPOSe hereby to furnish material and labor—complete in accordance wilh lhe above speci(ications,for the sum of., Seventy Six Thousand Nine Hundr!j_Eq!�Land 00/100 Ddlars dollars J$ 76,940.00)- PaYMEG tD b8 Made as WOW AS WORK PROGRESSES ............. M nwwial b quarafted to be as spadfied AW work to be owpleted in a professional to SWXWPMC[Llw.Arp/aWWmardnkkvifmmabo"q*9ftafiDft Awhorized nocift w&a wo va be afta0d 0*UPDn wwen vom am wil bewn&an via skjnature -—-–--------- etarge over und abm the swimats.M eprawwa owovem upon srkas,wdftitp or f4wo beyond ow I.Owner :This roposal may be ofthusm tilty omered byV*nWa Coqxrenflan Insumnes. v4ftrawn by us 9 n6t acoepled Wthin 25 days. Acceptence0f PrOP08111—Tho above prices,spedfloalbris and cori- 4J00ft we SOMwbry and am hafeby a0cW*d.You we aowdzed lo do Vis work as SPOO&W.PaWnent VAII be Made as oWhed abow. agroise ---------— ra Date ... ............ afhxr-ptan= ........ Page 124 of 528 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, l f ; t (Name of officer of company) (Titleof officer ofcompany) T. . , locatedt PU (Name of oro y) (Business Addr s) certify that I am an authorized pres n tive of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 9 and Question below ill qualify the business as a local business. In support of this request, I certify the following to be true and correct: -- 1® Is the business located i in the Cityli i Number of Ye of Boynton Beach, Florida? n Does the business have business t Business License receipt issuedi current year? Number: I Is the businessregistered with the FloridaYES NO Division of Corporations? I understand that misrepresentation of any facts in connection i h this request may be cause for removal fro the certified local business list. I also agree that the business Is required to notify the City in writing should it cease to qualifyas a local busin Print i n r PURCHASING Businessi rEstablished: Verified Page 125 of 528 CONFIRMATION OF MINORITY OWNED BUSINESS This requested form is to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces proVided which category best describes your company. Return this form vAth your bid proposal sheet making it an Otficial part of your bid response. 101, Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X"in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (Specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from is this certification was obtained and date: Issuing Organization for Certification Date of Cerfification Page 126 of 528 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARDP.O. : 182184 P.O. DATE: 07/19/18 TN EACH, FLORIDA 33425-0310 VENDOR 14283 SHIP TO: TO: ANZCO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33434 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EQUISETdON NO. 71819 ORDER114G DEPARTMENT: FACILITIES/ /AGGA DATE NEEDED: MID NO: CO MIS=N APPROVED: EXTENDED LINE# TI UOM ITE NO. D DESCRIPTION IT COST COST * CHANGE ##: 1 * CHANGE ORDER * DATE CHG 07/31/18 2 125. 00 CHANGE ORDER 1: ADDITIONAL 55. 0000 6875. 00 LABOR ; REMARKS:. . I.NSTALLAT:ION OF ':DRYWALL &' FRAMING AT ."S'EMPC3RA12Y PDQ SITE. PROPOSAL:NO. 71118 CHANGE ORDER 1.`<- INCREASE O $6.,8 75 PROCUREMENT SERVICES: P.O. TOTAL: 6875.00 ACCOUNT NO. PROJECT 001-2511-519.52-24 TS2045 PURCHASING Page 127 of 528 CITY OF BOYNTON BEACH MQUEST ]Pon FMCHAW OVER *10V000 Deft: 7/3V2018 Requesting Departmeft PW/Faclifthm Contact Person: Kevin 'Explanation 1br Purchase.- Additional laborers for Insia.11stion and drywall to complete the rthey are only providing us labor Threeso this Is staff acting as GC and needing additional hours. 'Source fbr Purchase (check and aftch backup materials): SNAPS Sole Soume PUV-Back Budgeted Item Emergency Pumhow Other Contract Number NOTE, Pddng pwp=W for purdaw must be presented In On um@ II cantsined vAft Me cantmet. Purchase,Fund Source for Department Head r° Date Purchasing Agent Date '1711 Asst Cfty Manager P-. Date City Manager Date Form RwAsed t Page 128 of 528 Krasnoff, Leah Mack,Andrew Tuesday,July 31,2018 10:17 AM Krasnoff, Leah : Greco-Arencibia,Adrianna; Ramsey, Kevin Re:Anzco PO#181184- Increase They are only providing us labor so this is staff acting as GC and needing additional hours. r Please use this as my request for adding the additional hours. p Thanks. Sent from my!Phone Andrew Mack, .E., CBO, LED AP Director of Public Works& Engineering APPR *°`u Public Works City of Boynton Beach . at Y 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 3345 y ice '44- r 561-742-6201 561.-742-621 MackA@bbfl.us http://www„boynton- Ut America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. On Jul 31, 2018, at 10:15 AM, Krasnoff, Leah <Krsn L bl.us> rote: Mi Adrianna, Do you have a change order request from Anzco to include as back up? Leah Krasnoff Accounting Technician Financial Services Gy - City of Boynton Beach 100 E. Boynton Beach Blvd. J Boynton Beach, Florida 33435 561-742-6308 Page 129 of 528 KrasnoffL@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 me viae ail may be subject t( 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:Greco-Arencibia,Adrianna Sent:Tuesday,July 31, 2018 10:09 AM To: Krasnoff, Leah<KrasRqffL@ bfl.us> Cc: Mack,Andrew<Mack6@hbfI.us>; Ramsey, Kevin<RamseyK@bbfl.us> Subject:Anzco PO#181184- Increase Importance: High Leah, Based on the work necessary to complete the job we need to increase the above PO by 125 hours ($55.00 per hour) in the amount of$6,900 to bring the PO to a total of$24,475.00. If you have any questions, please let me know. Thank you Adrianna Greco-Arencibla A Assistant to Director Public Works/Solid Waste City of Boynton Beach 222 N.E. 9th Ave. IBoynton each, Florida 33435 561-742-6596 561-742-6211 Greco-ArencibiaA@bbfl.us http://www,boynton-beach.org/ America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject t( disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 130 of 528 ANZCO 9671 I Clrde South Ban Raton,FL 3MM Fax.954-M2-2426 Broward:75&222-M7 Proposal Proposal No.,Boynton aty of Boynton Beach 100 East Boynton Beach Blvd. Beach, FLAttention-6 Kevin,Kevin RamseyRdarence:Labor rates Dear furnishWe propose to r men times five days times eight hours for 2 weeks. Small320 hours 0 55.00/hour- 17,600.00 Add 125 hours 0 55,00/hour a 6,375.00 Per request 7/31/18 tools Included. materialsIf r special equipmentIs a Cost of Items plus questionsand ten pement profit. If there are any i. Sincerely , John B. Zak Page 131 of 528 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICESDEPARTMENT 100 EAST BOYNTON BEACH 10 BOULEVARD P.O. #: 181184 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/19/18 VENDOR 14283 SHIP TO: TO: ANZCO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33434 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 71819 ORDERING DEPARTMENT: FACILITIES/ /A A DATE NEEDED: SIO NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 320 . 00 EA LABOR FOR INSTALLING DRYWALL & 55. 0000 17600.00 FRAMING LABOR FOR TEMP PD SITE LOCATED AT 20145 HIGH RIpQE- ROAD. SMALL: T- .S. I.NUUIED;. IF MATERIALS OR .SPRACIAL 'EQUTPMENT: IS: REQEIIR$L�.. CC'?;ST ITIS PLUS FIVE PERCENT ov- :11w. D T:EN F k IM"T A.10 FIT. REMARKS: mm INSTALLATION OF DRYWALL & FRAMING ATFtY :. RD SITE. PROPOSAL NO 7.1116" PROCUREMENT SERVICES: �POTOTAL: 17�OOO ACCOUNT NO. PROJECT 001-2511-519.52-24 TS2045 PURCHASINGPage 132 of 528 H VnH W MEL-, u rAnNo0 to @0 g 9 0 Oki f9 00 s mW H j t0) OM I vql4W q 0 0 00 S H Ln =g tQ� Oita 0 tn ml, 0 1119, Iq N, 'too 10 p vg 0&0 0 or, I to tj m taw tM4 0 ftm,0 UP34 11c n H W 0 NO :4 'm g, 0 m 0 1 119 0 03H 1 ul 1 1 -od I n m rp HZ in H to F1 H to m H ta pj1 a 100 I'd, I-j0 L�Doo La N �q dq H tj 0 (T LnQ Im W rA ul :C0 1 am-a H tj A 0 rA 0 A00 H Lq LQ I 00 F3 H Ln H H 0 of aO O10 W alma H n 10 -3-3 - ORi 000 14 p tj 0 L40 0 : I MOA 3 Li W;u "No V; 1 H 1 1 ism, ON R3- 0 0 Page 133 of 528 i} CITY OF BOYN-WN BEACH �kMUMT FOR XMCKAW OVER $100000 Date: 7/17/2018 RequesUng Department: Public Works/Facliftels Contact Person: KeAn Ra Explanation fbr 3 Laborem to Install drywall and traming at the PD temporary sb located at 2045 Hlgh Rldge Rd. Project ti Vendor2045lRecommended rLzco Dollar Amount of _.Purchasemm Source for Purchase(check and attach backup materials): Three Wrften QuotstlonB WA state caftred PRIDWRESPECT SNAPS Sale Source Pigglo,13ack Budgeted Item 1 Emergency Purchase Other Contract Number Fund Soume for Purchase: -2511-51 M2-24, Project VM2045 J Department Head Date Purchasing Asst City Manager DateL Datem City Manager Page 134 of 528 ANZCO 9671 Carousel Circle South Boca Raton, Fl.33434 Phone:561-488-0822 Fax:954-532-2426 Broward:754-222-6697 Proposal Date:7/11/18 Proposal No.: 71118 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL Attention: Kevin Ramsey Reference: Labor rates Dear Kevin, We propose to furnish four men times five days times eight hours for 2 weeks. 320 hours LM 55.00/hour= 17,600.00 Small tools included. If materials or special equipment is required. Cost of items plus five percent overhead and ten percent profit. If there are any questions please do not hesitate to call. Sincerely yours, John B.Zak Page 135 of 528 A ( D ) CERTIFICATE OF LIABILITY INSURANCE 715 018 THIS Tm ICT 15 ISSUED F INFORMATION Y AND CONFERS NO RIGHTSTHE CERTIFICATEL I CERTIFICATE E F I TIV LY OR NEGATIVELY AMEND, EXTEND OR ALTERF Y THE POLICIES BELOW. THIS TII T INSURANCE DOES NOT CONSTITUTE A CONT CT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVEC CERTIFICATE . IMPORTANT: If the certificate holder Is as ADDITIONAL INSURED,the polictries)must be endorsed. If SUBROGATIONIS WAIVED,subject the terms andconditions at the policy,certain policies may require an endorsement A statement oat this certificate does not confer rights the certificate he r In Ileo of such endorsement(s). PRODUCER ONTACT NAME. Certificate Department Roemer Insurance Agency,Inc. PHONE, 954®`731-5 F �W.9 -731- 3 7 124 venue Coral Springs33 ADDRESS: certfficates@roemer.:ins.com INSURE S AFFORDINO C F INSURER A.American Builders Insurance Co 11240 INSURED 1 INSURER B;Mapfre Ins.Co.of Florida 34932 Inc. 91 Carousel Circle South INSURER C.Evanston Insurance Company Boca aton 33434 INSURER ID: INSURER : COVERAGES fMSIJRER F CERTIFICATE NUM :175597 193 REVISION THIS IS TO CERTIFY T THE POLICIES OF INSURANCE I LOW HAVE BEEN ISSUED TO THE INSURED EO ABOVE FOR THE POLICY PERIOD INDICATED. NO I T DI E UI M NT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECTTO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR E INSURANCE ADDEL FU—SR LACY EFP POLICY EXP LTR OF NUMBER N KER YY LIMITS C X COMMERCIAL GE I Y SC52587 2=018 22=019 EACHOCCURRENCE $1,00,000 C E LiR �RsISE�°AMAGE TO NY� $300,000 MED EXP An one person) $6,000 PERSONAL A ADV INJURY $1,00D, EN'LAGGREGATE LIMIT APPLIES PER DEME AGGREGATE 2, ,000 Y JRO- ECT1:1 LOC DI.00TS-COMP/DPAG $2,000,000 4]TH : $ B AUTOMOBILE LIABILITY .x2040 1663 111181 17 1111 016 MOWED Sl LIMIT Ea aid D ANYALITO BODILY INJURY(Per person) $ L OS N AUTOSCHS BODILAUTOY INJURY(Per aedd BRED AUT AUNT EO r E n FI $ UMBRELLA LIAR CUR H OCCURRENCE $ CESS LIAR C E AGGREGATE $ DER RETE ION A WORKERS COMPENSATION WCV0118883108 712112018 7i21T2D19 STAT E OTH- ANDEMPLOYERS°LIABIL YIN Y PROPRI OR1P ERtExEC VE E.L.EACH ACCIDENT 3 1.000,D00 OFFICE BER EXCLUDEW. M 6 A (Mandahrry In Hi E.L.DISEASE-EA EMPLOYEE $1°IBOD°000 IF describe under 0 SERI ON OF OPERATIONS bkduw E.L.DISEASE-POLICY LIMIT ,01)0000 DESCRIP71ON OF OPERATIONS I LOCATIONS I VEHICLES(ACD 9D1,Additional Remarlm Schedule,may be aflached if mem space Is required) The interest of City of Boynton Beach is included as Additional Insured when required by wriften contract subject to policy terms and conditions. CERTIFICATELCANCELLATION SHOULD ANY OF THE ABOVEDESCRIBED LICIES BE CANCELLED FOR THE EXPIRATION DATE THEREOF, NOTICE MILL BE DELIVERED IM ACCORDANCE THE POLICY PROVISIONS. City of Boynton Beach 100 E Boynton Beach Blvd. AUTHORIZED RE NTA TIVE Baynton Beach FL 33425 1988-2014 ACORd-CORPORATION. All rights reserved. ACORD 25(2 1 ) The ACORD name and logo are registered arks of ACORD Page 136 of 528 7/16/18 PROPOSAL Talley Walker Services Inc. LIC# CCC-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. 3 5 Att: Kevin Ramsey Project: Boynton PD . Perform up to 320 man hours of labor only, at$57.50 per hour per man All work is guaranteed to be as specified.All work 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 above the estimate. q00 Page 137 of 528 NOMBION CORPORRION Licensed General Contractors 6654 43"d Avenue S., Lake Worth, FL 33463, 9chorn rich @_qm ail.Corn, 561-254-8322 PROPOSAL Project: Temporary Police Department Framing Build-Out July 16, 2018 Customer: Boynton Beach Police Department Homrich Corporation will provide 4 carpenters for 8 hours a day for 10 days at$57.00 per hour for a total of$18,240.00 Sincerely, George Homrich Homrich Corporation Page 138 of 528 PURCHASE ORDER CITY OF BOYNTON FLORIDA E SERVICESPROCUREMENT 100 EASTX 31 BOULEVARD P.O. #: 181203 T ®, FLORIDA 3342 - 310 DATE: 07/26/18 VENDOR 7736 IP TO: TO: DELL MARKETING LP City of Boynton Beach ONE DELL WAY, BOX R -11 ITS DEPARTMENT ROUNDROCK, TX 78682 100 E BOYNTONC13LVD BOYNTON BEACH, FL 33435 ----- REQUISITION NO. 71841 ORDE 1140 DEPARTMENT: ITS DATE NEEDED: BID NO: =COMM=ISSION APPROVED: LINE# QUANTITY UOM ITEM NO. IION IT COST EXCOSTD 1 20. 00 ZA OPTIPLX 3050 AIO 749.6000 14992 . 00 REMARKS EOC PC::REPLACEMENT PIGGYBACK STATE CONTRACT #4321156"WSICA-I5-ACS QUOTE::#3,.0 0 0 02 6:9 4 3 2 5 0 . 1 .DO NDT MAI.L: PO ITS WILL SEND TO VENDOR PROCUREMENT T"SER\NC 5. �P.O. OTAL; 14992. 00 ACCOUNT NO. PROTECT 001-1510-513 .52-20 PURCHASING Page 139 of 528 M 00 CO OD r- OD C� O Clq U Ch 041 Ia% (n w �4 0 m 2 Pi M Pq m Ob I C3 C) 0 I C! it W IO U t N N4 I Ch a% rA cn vch .0 CL CL z H 1� -4 H E.EW. : CDa I z FA 3 I T? X no : w C) 0 OD U ri 10 C- I a; p C) I da I E. 0 1 1:f CE FIC C) I H : :Eto W I D4 0 (1 p P4W 0 Ci W z PQ f-4 V3 M O0 Ix 1 E, I O 1114 W, w p I co W 0 C%3 Un 04 Z rd Da CY fA �u > 1 1z z 440 p i H PQ 14I M rj3 .— [� 0 W U .0 C3 mm HV.I- M4 V ry 0 I pa 1 pap P4 I 0�4 F1 I W :E k4 14 1 0 N 0 0 1 H I WN1 H 0 en 0 0 H E-I CY u 0) > P4 I WR' N 0 aim W 43 00 Ix 0 I U 0 Qj to m CA I AN 1 0 H H 1 HNM I C%ll0 r-i H 1PC E W� I N i• i Ln I-i 00 Ln m 0,4 -4 I 0U�c m Ln�q �t 1 Ln I 43 NN M 0 0 Ln W Omm CA pC3 E4 0 -1 E EM OH H i X H:E I nLn 0 CD 4D V N N I WQX 1 0-1 U rjcq 00 1 H 0 H AOO U�q Ido to cq H �l Pi alu UO 110 EQ u I H I O C7040 L3-4 1 H 0 U) PH W CD 0 mcd t) E-4 M t N U 1 H 94 en 0--_S Ct Q l 0 1 H U m FA P4 0 El H w N W(D 0 W Z ix -A Z'A D 4J4J -Z M HR H Ol u 0(d 4 M 0:5-0k 0 WCOMMO Page 140 of 528 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 7/18/2018 Department:Requesting ITS i Explanationr upgradeReplace and o ti Center r equipment Vendor Dell Dollar Amount of Purchase $14,992.00 Source for Purchase " Three Written Quotations GSA State ContractPRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency urc as Other Contract 1 -15-ACS NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Operating qui t: 001-1510-513.5 -2 Department Head Date t� Purchasing t Date City r Dat City t _ _ m .�. Foevlsed 02/01/02 Page 141 of 528 Sales rep:Mike Appl 13000026643250.1 E*LLEMC A quote for your consideration! Total: $14,992.00 Based on your business needs, we put the following quote together to help with your purchase decision. Please review your quote details below, then contact your sales rep when you're ready to place your order. Quote number: not date: Quote expiration: Deal I : 3000026943250.1 Jut. 17, 2018 Aug. 16, 2018 16283515 Company name: Customer number: Phone: CITY OF BOYNTON BEACH 861622 (561)742.6070 Sales rep information: Billing Information: Mike Appl CITY OF BOYNTON BEACH Mike_App[@Deit.com P 0 BOX 310 (800)456-3355 100 E BOYNTON BEACH Ext: 7250424 BLVD BOYNTON BEACH FL 33425-0310 us (561) 742-6070 Pricing Summary Item Qty Unit Price Subtotal Optiplex 3050 AIO 20 $749.60 $14,992.00 Subtotal: $14,992.00 Shipping: $0.00 Environmental Fees: $0.00 Non-Taxable Amount: $14,992.00 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $14,992.00 Special tease pricing may be available for qualified customers. Please contact your DFS Sates Representative for details. Page 1 0 2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock,TX 78682. Page 142 of 528 Sales rep:Mike APPI 13000026943250.1 Dear Customer, Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors or desire certain changes please contact me as soon as possible. Regards, Mike Appt Order this quote easily online through your Premierpage, or if you do not have Premier, using .note to Order Shipping Group Shipping Contact: Shipping phone: Shipping via: Shipping Address: BARRY BRANDENBURG (561) 742-6070 DELL Standard Delivery BOYNTON BEACH CITY HALL 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435-3899 U5 SKU Description Qty Unit Price Subtotal Optiplex 3050 A10 20 $749.60 $14,992.00 Estimated delivery date:Aug. 1, 2018 Contract No:WN08AGW Customer Agreement No: 43211500-WSCA-1 5-ACS 210-AKOL OptiPlex 3050 AIO XCTO 20 338-BKYO Intel Core i5-7500T (QC/6MB/4T/2.7GHz/35W); supports 20 Windows 10/Linux 619-AHKN Win 10 Pro 64 English, French, Spanish 20 630-AAPK No Productivity Software 20 370-ADJW 8GB (1x8GB)2400MHz DDR4 20 400-ANPO 50OGB 2.5inch Serial ATA (7,200 Rpm) Hard Drive 20 490-BBFG Intel Integrated Graphics, Dell OptiPlex 20 429-AAZD No Optical Disk Drive 20 632-BBBJ CMS Software not included 20 620-AALW 05-Windows Media Not Included 20 575-BBLH Articulating Easel Stand for OptiPlex 305OA10 20 580-ADJC Dell. KB216 Wired Multi-Media Keyboard English Black 20 275-BBBW Dell MS1 16 Wired Mouse, Black 20 .................................................___ ................——-------------------------------—----------------------- ............. Page 2 0 2014 Dell Inc.U.S.only.Dell inc.is located at One Nil Way,Mail Stop 8129,Round Rock, TX 78692. Page 143 of 528 Sales rep:Mike Appl 3000026943250.1 817-BBBB No FGA 20 329-BDIU 3050 19-5, HDPlus Non Touch with Camera, Integrated 20 Graphics, 35W, External Power 555-BDG O Intel Dual Band Wireless AC 8265 (802.11 ac) 2x2 + 20 Bluetooth 340-ABJI No Diagnostic/Recovery CD media 20 340-BKTW MOD,PLCMT,QSG,AIO,3050,BCC/DAO 20 332-1286 US Order 20 329-BBJL TPM Enabled 20 389-BCGW No UPC Label, 20 389-BLSV Intel Core i5 Processor Kabylake Label 20 525-BBCL SupportAssist 20 640-BBLW Dell(TM) Digital Delivery Cirrus Client 20 658-BBMR Dell,Client System Update (Updates Latest Dell 70 Recommended BIOS, Drivers, Firmware and Apps) 658-BBRB Waves Maxx Audio 20 658-BCUV Dell Developed Recovery Environment 20 450-AAHV US Power Cord 20 461-AABV No Accessories 20 340-AGIK Safety/Environment and Regulatory Guide (English/French 20 Multi-language) 389-BRQH MOD,LBL,REG,JSD2,130,GS,3050AI 20 340-BKUB MOD,SHP MTL,STG,EAS,19.5,DAO 20 389-BBUU Shipping Label for DAO 20 631-ABGD No Out-of-Band Systems Management 20 450-AGDQ 130W AC Adapter 20 409-BBCF No Intel Rapid Start or Smart Connect 20 387-BBLW Energy Star 20 555-BDIO Intel Dual Band Wireless 8265 (802.1 lac) Driver 20 401-AADF No Additional Hard Drive 20 461-AAEI No Chassis Intrusion Switch 20 ................... .................. ........................ .............................................. Page 3 0 2014 Dell Ino.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock,TX 78682, Page 144 of 528 Sales rep:Mike Appi 3000026943250.1 391-BBDM Non-Touch LCD, Dell OptiPlex AIO 20 803.8584 Dell Limited Hardware Warranty Plus Service 20 803.8604 Onsite Service After Remote Diagnosis 3 Years 20 365-0533 Basic Support Asset Label without Company Name 20 377-8262 CFI,Information,VAL,CHASSISDEF,Factory Install 20 817-BBBC Not selected in this configuration 20 461-AABV No Accessories 20 Subtotal: $14,992.00 Shipping: $0.00 Environmental Fees: $0.00 Estimated Tax: $0.00 Total: $14,992.00 Page 4 0 2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock, 7X 78682. Page 145 of 528 Sales rep:Mike Appi 3000026943250.1 Unless you have a separate written agreement that specifically applies to this order, your order is subject to Dell's Terms of Sate (for consumers the terms include a binding arbitration provision). Please see the legal disclaimers below for further information. Important Notes Terms of Sale Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Deli at your request: Dell's Terms of Sale (www.deti.com/tearn/us/en/uscorpl/terms-of-sale), which include a binding consumer arbitration provision and incorporate Deli's U.S. Return policy (www.dell.com/returnpolicy) and Warranty (for Consumer warranties ; for Commercial warranties). If this purchase includes services: in addition to the foregoing applicable terms, the terms of your service contract will apply (Consumer;Commercial). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the License terms accompanying the software, and in the absence of such terms, then use of the Del.[-branded application software is subject to the Deli End User License Agreement -Type A (www.deJJ,com/AEIJLA) and use of the dell-branded system software is subject to the Dell End User License Agreement - Type S www,dell.com/SEULA). If your purchase is for Mozy, in addition to the foregoing applicable terms, your use of the Mozy service is subject to the terms and conditions Located at https://mozy.com/about/Leeal/terms. If this purchase is for (a) a storage product identified in the DELL EMC Satisfaction Guarantee Terms and Conditions located at http:/lwww.emc.com/cottaterat/sales/deliemc-satisfaction-guarantee-terms-and-conditions--ex-gc-pdf("5atisfaction Guarantee") and (ii) three (3) years of a ProSupport Service for such storage product, in addition to the foregoing applicable terms, such storage product is subject to the Satisfaction Guarantee. You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Deli that expressly references such terms. Pricing,Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, anct is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, including your Customer Number, to the Del[ Tax Department at 800-433-9023. Please ensure that your tax-exemption certificate reflects the correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax—Departmentedell.com. For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment property. ------------- -----------—------- ——--------------- Page 5 Q 2014 DO Inc.U.S.only.Dell Inc.is located of One Dell Way,Mail Stop 8129,Round Rock,7X 78682. Page 146 of 528 Cotr tors 1 Co ter Equip et,Peripherals, Services/Alternate Contract Source ... Page 1 o 3 i Department of Management Services. e contracts iorida Lie artmgnt of ana �tractent eSource n�noc Ecu ornent eari herals te Purchasing Services and Arireernents Alternate Contractors Peripherals, andServices ACS Contractors Contractor Lr Florida utilizes CBE Climate Recycled Authorized Name Code Friendly Products Resellers Area Preferred Products A - Nan- l No Yes Statewide Ace tech Padvers 1 Minority No I A - Non- No No No Statewide A Ole Minority I Statewide A - Non- No No No I Asara `Minority I 1 I A - Non- No No Yes Statewide disc Minority I 1 A - Non- No No Statewide Minority I No A - Non- No No Yes Statewide F3eli MinorityI A - Non- No Yes Statewide } M Cor Minority I No 1 JA- Non- No No irei MinoriINo ide t Statewy A = Non- No Yes 1 Statewide Fu itsu Minority1INo - JA Non- INo No No 1 Hitachi MinoritStatewide y A - NIINo No No 1 Statewide Howard Minority I No Yes Statewide y H Enter rise Pack JA - Non- INoItyI IOffice Products MinorNon- No Yes �Statewide HP —In—C. Front office - No Products JA Minority I} ` A - Non- No No IStatewide I M Minori INo 111 tY ` JA - Non- No Yes 1 Statewide Lenovo Minority INO 1 I Leilovo t-ioL al A - Non- No Yes Statewide Tee hnoi0 -United No Minority States)=lric" l Statewide A - Non- No �No f Yes 1 Microsoft }Minority 1 ,a,,,e mVflnricla.Corr1/bsin0ss oertiosfstte_Pure sinlstte caacts_ 'agUY4F�f 528 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTONBOULEVARD P.O. 31P.O. : 181204 BEACH,BOYNTON FLORIDA 33425-0310 DTE: 07/26/18 VENDOR 35 SHIP TO: TO: JOHNSON CONTROLS SECURITY SOLU City of Boynton Beach TYCO FIRE & SECURITY MGMT PUBLIC WORKS DEPARTMENT 440 COLUMBIA DR. 222 N.E. 9TH AVENUE WEST PALM BEACH, FL 33409 BOYNTON BEACH, FL 33435 REOUIMTION NO, 71879 ORDERING DEPARTMENT: E 7GINEERI 7G/GD/AGGA * DATE NEEDED: SIO NO; COMMISSION AP ROVE - LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXCOSST}ED - 700.21 DL COMPANION REC BCH 2TB MODEL 1.0000 700.21 0832-004 PER THE SOURCEELL F/K/A NJPA CONTRACT #0315:1` TIS' THIS PROP.0 Da ..NOT INCLUD APPLI : LE... LOCAL. STATE OR FEDERAL T'AXES'. CT7STC? R. 'TO PR:.OVIDE. POWER AND TE'L o C . . 0 ICATIONS. PFIC INCLUDES A .LINE YEAR T+yi`ARRANTY 14TER::TAL AND ` aR . 2 8. 00 EP COMPANION' BULL1�"T LIT CAMERA MODEL 32 33{]0. 2570.64 0. 59001 : : . E3Aq OUT/READY, .HD XR NETWORK 10.8OP; 2MP` WDR '.: 3 797. 74 DL CDW CRADLEPOINT KIT 600B RGD AOCi00 797.74 ROUTER W/CAT4 BUNDLED . MODEL 4851967 4 2 . 00 EA 3s CAT 6 PATCH CABLE MOLDED WHITE '1 8200 3 , 6 Wt VC6-WH-0 3 MODEL 71.0.65403WH 5 1000. 00 EA 23-AP STP CPQ SOL BC.CAT6E 5100 510. 00 HIJPE PF BLA K.-JKT DIR RLm. MODEL.`7106 8DB 6 2545.20 DL INSTALLATION OAAZOG IhTG & 1.0000 2545.20 TESTING FOR COMPASS ESTIMATE #1-4YH2CY 7 20 . 00 EA CONDUIT 4 .2900 85.80 PROCUREMENTSERVICES: `'' �PO. TO7`AL: ACCOUNT NO. PROJECT 105-3030-519.64-02 PURCHASING Page 148 of 528 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT IDEPARTMENT 100 EAST BOYNTON BEACH P.OBOYNTON ., FLS i1 3342 31 DATE:#07/26/108 VENDOR 35 SHIP TO: TO: JOHNSON CONTROLS SECURITY SOLU City of Boynton Beach TYCO FIRE & SECURITY MGT PUBLIC WORKS DEPARTMENT 440 COLUMBIA DR. 222 N.E. 9TH AVENUE WEST PALM REACH, FL 33409 BOYNTON BEACH, FL 33435 REQU0TION NO, 71879 ORDERING DEPARTMENT: ENGINEERING/GD/ ,GGA OATS NEEDED: BID : COMMISSIONAPPROVED: �.. LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXCOSTED 8 752. 69 DL 2ND YEAR-ANNUAL MAINTENANCE 1.0000 752 .69 CHARGES ONE-YEAR WARANDRANTY,: LABOR WAS INCLUDED FOIA FIRS T Y 9 141. 15 EA DIGIT KEYP SYTEM MODEL 4 .0000 564 ;< 60 SN-.DK12 10 230. 17 DL EXTERNAL BATTERY PACK FOR BR1500G 1.0000 230.17 MADEL .BR24BPG 11 500 . 00 EA 1.8-6C SOL. BC PVC E. JKT DIRECT 4: 00 215. 00 URAL IRRIGATC: LE 3OV 500' <RL MODEL 180040 L 12 2789.47 DL Pp.-TDOOR WP JBOX W/A/C MODET, a:0.0 0 2789.47 BW�: 242410ACE 1.3 2 . 00 E.A. PEDESTAL CEO LLC-58 BLACK, 295 .�2�t}0 590.48 DUAL' Mo Ty' . G(PS ECIC PEDEST-,U MODEL .832444 14 4 . 00 EA PORT :IT, 8X10X6, HOUSING, BLACK 3"16 0000 704.00 WF2 XLE POWDER. OAT...MODEL PORTRA-CS-8X10-E . 15 20 . 00 EA CONDUIT k2900 85. 80 16 1696. 80 DL INSTALLATION LABOR, PROGRAMMING:,& 1' . 0000 1696. 80 TESTING FOR CNtPASS: ESTIMATE 1-41:Y,EWOL 7 902.56 DL 2 YBA AL INT CE 1.0000 902.56 CHARGES' ONE-YE W ON EQU-014 T & LABOR WAS INCLUDED FOR FIRST YEAR PROCUREMENT>ER ICEn; � EPO_:T0TAL- 15744.80 ACCOUNT No. PROJECT 105-3030-51.9.64-02 PURCHASING Page 149 of 528 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES 100 EAST BOYNTONCBOULEVARD BOX 1 P.O. : 181204 T P.O. , FLORIDA 33425-0310DATE: 07/26/18 VENDOR 35 I O: TO: JOHNSON CONTROLS SECURITY SOLD City of Boynton Beach TYCO FIRE & SECURITY MGMT PUBLIC WORKS DEPARTMENT 440 COLUMBIA D . 222 N.E. 9TH AVENUE WEST PALM BEACH, FL 33409 BOY ON BEACH, FL 33435 E ON O, 71879 ORDERING DEP RT ENT: ENGINEERING/GIS/AGGADEI : SIO NO. COMMSSION APPROVM � LINE# TIY O ITEM O. D DESCRIPTION EXT D IT COST COST REMARKS: INSTALL AUTOMATED GATE @. .ROLLING GREEN COMPLEX PIGGYBACK SQUR.MWEM (NjPA). :CONTRACT #031517-TIS **THIS PO ;REPLACES PO #1:81103'** PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT 105-3030-519.64-02 PURCHASING Page 150 of 528 CD 00 In C3 Nw C], c, 0 4O a E-, r: 1p 9 a c L c Ey 1 00 0 na m m 0 m rl 6A0 p Ln Ln N w 0 F Ln r- v W r- Ln 0, ri Ix H 7�4 11) V!D C3 0 > 04 0 0 0 C, 0 H m F+ L) pd Zco �3 M 00 0 0 z u 0 0 a 0 0 C; 0 W 0 ra mm H Q. ix 0 r-L Ix E4 14 0 W 0 u H go ; 0 W u �4 1 H 0 0 0 0 Cl 0-3 Ln M fn I 1 H HrX4 m E4 10 U H 4 z 1-4 4 H P 044 rd La 4V4 0 L) H W F4 z H W 0 U 0 0. 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N R U j IX 0 OF F 0 NA E-4 -NO 0 x&4 H ul p� z H,4 r-I lip F�—HNWH p 0 NCXN M WW.P M F4 0 H Opmoo M E+A MODC ..cq W P4 W 0 ORZLn pd H H —HHHW. �D tc* Wix Ol pq �4&4>w 4 Wim: 04 �M EjNP4HOEA M H P N Eg 0 VWP4 WN 04WWW 2� 00 Ix ). 4 n®scr) z Page 152 of 528 OD CD , v Ln N N n r , I N � N 0 ar w H r F� W I 1 1 1 ' w P4 �4 ' 1 N I O H q H I a [ 0 M1 m WO ko 0 co Go W W N U I w C3ko °P? eM w I 181 W R OD 1 N VVI N N n P N to C ti 4 r1 in o o I H a N p UO Hd a a O.a a D O a a o a n p U ; a ra a ra F (D O EW+ m 0 H o O i N H N o C7 h I O py M i H N r W W �O w p W Q O U CY W ±i Hrl rH, a Kp waON p,g4 H ® rri 114 ® aa a OD P4b N a H ro yOI Np W H W r i O O W I a O O U to 4 4 0 i Da N E< q U Aa cd] vq1 i HO U i W H ri a H a w ® a H > 5 WQ rd 0 ,y . 5 Q7 nrul Wp W NWW WW WW W N W W WW 0 ww awe O w 'v w c� w w w i pi Q NVQ Na q q H wq Hq P4 6x HQ 0 Hp t7� Hew p �w wW W0 WW NNW p W96 W How U �Q i va ,esti WF:U Hw U wU wU wwU wG �wU Ua wU w QW�wH Oma QHcbH 0 pi G H U I -8H c8H ix ra � a .-g esH H +$H i Ozu W.7U x `ti'U W Ea w�a E+Ea' Obi E EW' r Hw WH r'7ANW UH p0HW mH H P4 HW p HW �H a W a W aC W W W x� W W H V 134 co F�QI U] sa W a/A r al . 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OW .. .. i H HO ®oH0 PO MPO �O >+Q 5+p Hvayaq t0. ;'A E 0 sl N O E+O E�s N O I N O H Pa I c7q A v]r+1Q aq F4Wq hQq E®q q Wq H w i SOU U UW ® 0 Q rNia OUO O0 O UO UG 00 �W� 00 O U I H to rp q ra W H W N , ,� U O I Roto Ho o �o q00 wHO;3 O Wwo awu0 ac A HQUvt wGr®a H Urn :3E)M OUaa OyUtn OUva OUva i Uva ra O p+ a,0 U HW NOH W w i avR V.1 a i Ln !D W z r-1 Page 153 of 528 m OD v Ln �H 0 x 0 r.0 0 U t4 rn cm 0 mr-c W to 0 z co W C) 0 in 0147 N N co Ln ril CN Ln Ln - 0 N r 0 H C) 0 ®0 U !2,0 0 0 Cs co o 0 0 Eli u 0 0 H C) 0 0 0 Ch 0 co Ln ® ri0 Ln M HX �9 8 . q 9 0 OP >0 H Pd 0 N , 0 HH 0 C) C20 4 H C) 0 0 0 (n 1� E� 0o (N 00 r- Q : . m En C� C; E-. r, 0 cq Ln P4 r0 W a) Of -f 94 Q z N H M E-4 E-4 14 H F4 m Lq F+ n P4 F3 E-1 H U (i u 0 W (YN -N 0 r-4raw ®141 E-1 ca W U2 W W U2 rA M 04 Ix LS pi "I 13d Ix co W H Q Np og j4 F3 04 Ix 16 &xz; W 2 W Hua N�I "II 1�14 NZ tx M M W U m 0 U pi x-9 H Ls H P4 U 0 1% Ld Qf H LS E-4 �1-1 E-, IX 0 HH oHpp E�E� 0 zu D4ftzu ZU MW ZU ID zu 014 U z5 HN U z r4 Da w 14 p N OH 44 4 Z p- _,gr g. ca w 0 N �.go 1 0 H 0 w P4 co 0:4 Ci W, NC 4 ggacj p 0 > H m E-MHP H M P4 C� w fl,G� 04 Q Ix 0 RMHW 0 HN IX H pq �3 i- w �:k p p "--)p M�D E-4 ca EN �:)E-4 rH U 1410 ca cy ogc 4 -54 z 06 w m cwk m CY W CY6 06 V4 U c4z X MW m N 0 014 W 0 z ri)E� 0H 20 co CD H 0 0 04 E�tni 0 >4 n P4 qn u Ix w .. - z p H R�;6 WH>40 134 w>,C� cn w u E-4 0 0 W>IQ Hw�mm r, 0 ZME�o OME40 �;6 1�No F4 0 00 A� a E-I 0 N- OPR E,:4 E�0 PO ": �'" D4 JX 0- Wq H HO 1-0 0 1 E� :NE:QH H too t, M,�00 00 00 60 0 0 000 11,80 M 0 zu E u r),4xu Ulu u BIT u H 0 E� rioz xg H 0 MH �27 H9 W HSU m ZZO 0 r:) um se w 0 CI U P4 O'��U 0 L) 0 U EQ " § RU �ZU SO w N 04 U U rij 298 Ix H N nq H N u 0 �OH H 0i CN H rq Ln kD t, 00 Page 154 of 528 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 000 a Date: 7/24/2018 Requesting tl PW/Engineering Contact Person: Gary r on for Purchase: 7l t l Ill l i Interfocal ll st Authority of Palm the City and Commission / kg4lu;rt PO-A 191163 deed & blo lir I Source for Purchase (check and attach backup materials): a Three Written Quotations GSA State Contract SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract r: NJPA Contract1 - l NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 105-3030-519-64-02 Approvals: Department Head Date -t- Purchasing Agent t Asst City Manager t LjdCty Manager l t jai vl, Form is 02101/02 Page 155 of 528 10 Johnson Controls _. Johnson s Security Solutions,LLC Government Technologies City of Boynton Beach cT 0 37 17- i F0rB1111n0qnV0fC0 questions-4- 28.7124 1Nw 4th St And Ner 14Aut1wrized Soa ll dy PA) 1 option 5 Boynton BeachL 3M5 Schedule Pfte Quote ForService/Technical questions-1- 2&7424 Sourcewell Member#21407 option 3 ............................ Retum Purchase Order&Proposal to 00 Load Account fileneW. Local r: N Galin 1 Local Account Mgr Photo: I-MI-2074535 Local Account Mgr Emalh NMt@.gljj0gjLqLcoM JCSS Program r: Jefirey Cappell p by JCSS Mgr : 571-213-0842 Linda (gk) JCSS Mgr E 1: Jeffroy.cappel@jci.com SLG Saba Su pport Proposal : 07117118 100 C11101W St,1 Proposal anw: AxisCompanion Rochester,NY 1 Compass E : 1-41YH2CY p 1 3-9266 P is I 1 & lgffffj S JInd8jones@M.com i I i Cha Sourcewell Schedule Products $4,582.23 l 1A) Sou fl Installation Labor $2.645.20 Sourced or"Open Marker Goods $85.80 Ira flat ri 0a tri a 37,218.29 Annual Soumewell 2nd Year-Annual Maintenance Charges(One-Year vmnanty on Equipment and / service Labor v s Included for first r) $752.811 117) n ► e qtr rtes t 3752. ddido 1 Not". Note#1: Rafts assume that neither the Davis Bacon Act('DBA"),nor any other Prevailing Wage Act applies. If this is Incorrect,please advise In writing before submittal of the purchase order and Provide the applicable Prevailing determination and we vdll provide a revised quote. N is proposal DOES NOT Include any applicable Local,State,or Federal taxes. N : Customer to provide Power and TeIC0 Communications. Noteffid. Price Includes a One Year Warrarityan Material and Labor. Note#5: Please include Source Il Contract Number 031517-TIS on your Purchase Order. aF n® i-41 Y sounewonconfivel"1517-70 kvm Md condlitene RAW tO M purcUm i of9 71171=8 Page 156 of 528 Johnsonvito City of i Controls Boynton Beach Boynton FL 33435 Sourpowell Not Pdce Model Description Each Extended 1 COMPANION C SCH 2TB $700.21 $700.21 0959-001 COMPANION BULLET LE CAMERA DIN OUVREADY, $321.33 $2,570.64 HDIRNETWORK 1080P,2 P D 4851967 C CRADLEPOINIT KIT 600B RGDO I T4 $797.74 $797.74 06 BUNDLED t T f T 71065403H 3'CAT 6 PATCH CABLE MOLDED WHITE WL PC6- $1.82 $3.64 H-03 1000 710648DB 234P STP-CMX SOL BC CAT6E HDPE/PE BLACK $0.51 $510.00 JKT DIR BUR 1000'RL Sourced OR NOpen Market"Goods 20 Conduit Conduit $4.29 $85.80(G) SOURCEWELL Installation Labor Installation Labor,Programming and Testing $2,545.20 Compadon-14MMY SOURCEWEtt Con&M 031517-TISOCJS#11-7575 711712D18 vandidow wply io ibis pwcbow. 2d3 Page 157 of 528 Johnson * Controls Johnson Controls Security Solutions,LLC Government Technologies F-------------- CUSTOMERI City of Boynton B"ch M SHIP TO ADDRESSI Nw 41h St And Nw 1491 C I AT0jl S Ci'Y a' 'on Ik*c" NW4 And Nw 14"1 C th B CITYISTATEI W I BoYnton each FL 33435 TOTAL INSTALLATION CHARGESi $$7,213.23 TOTAL ANNUAL CHMGOSI 7 a2 0 TO IITo! p AL CREDIT CARD CHARGEI $7.9W.92 It Card Irrtez r7a Cardholder's meow Telephone Number Fax Number Credit CoM Number EM-wirm-don Do—b- T-Exeropt NwAber. P 40mplels bill to addre"'"tormstlon N SePumts*0M shipping address. INII to. SOURCEWELL C0111hilct 031517-77S tems and awdMom eAgly to tft p=hMe 7117=18 ad® Page 158 of 528 Johnsono,to 3' T... Controls Johnson Controls Security Solutions,LLC Contract 9 031517-TIS JPA Parts Pdce Schedule y 201 S, t ANIXTER INC. IS 0799-004 Q6128-E PTZ DOME IP CAMERA,25 FTP @ 3840X2160,4K,12X,� 3,820.97 ON, DEFOG,IP66 ANIXTER INC.AXIS 0801-001 Q3708-PVE FIXED DOME CAMERA 180-DEG MULTISENSOR VR $2,180.51 IK10 3XQHD 15MP 4 3 ANIXTER INC.AXIS 0802-001-A M3044-V ULTRA-COMPACT CAMERA MINI-DOME DUST/VR $228.45 H264/JPEG 720P@30FPS WDR ANIXTER iNC.AXIS 0803-004 M3044-WV DOME CAMERA $249.79 ANIXTER INCAXIS 0804-001 M3045-V ULTRA-COMPACT CAMERA MINI-DOME DUST/VR $308.82 H264/JPEG 1080P@30FPS WDR ANIXTER INC.AXIS 0804-06T-LC DESKTOP RECORDER,4 IP CAMERAS UC.(16 MAX)AND 8 $2,646.28 ANALOG AT 30 FPS ANIXTER INC.AXIS 0805-DD4 M3045-WV DOME CAMERA $326.15 ANIXTER INC.AXIS 0806-001 M3046-V ULTRA-COMPACT CAMERA MINI-DOME DUST/VR $423.62 H264/JPEG 4MP@30FPS WDR ANIXTER INC.AXIS 0808-001 M3047-P INDOOR FIXED MINI DOME 6 MP SENSOR FIXED LENS $530.49 ANIXTER INC.AXIS 0812-004 SMALL CUBE CAMERA,D/N,2.8MM/110 HFOV,IR/10M 33FT, $261.65 MAX 1080P AT 30FPS ANIXTER INC.AXIS 0815001 P3707-PE FLEXIBLE CAMERA MULTISENSOR 4X1080P $1,376.47 12.5/15FPS OR 4X720P FULL FRAME ANIXTER INC.AXIS 0820-001 A9188 IP 1/0 RELAY MODULE $549.75 ANIXTER INC.AXIS 0821-001 A91611P 1/0 RELAY MODULE $264.50 ANIXTER INC.AXIS 0824-001 Q8741-LE 35MM 30FPS 24V PTZ OUT,HDTV 1090P IP66, $11,310.11 THERMAL SENSOR 384X288 ANIXTER INC.AXIS 0828-001 Q8742-E 35MM 30 FPS PTZ CAMERA 24V,IP66,NEMA 4X $14,703.47 64OX480 RESOLUTION ANIXTER INC.AXIS 0831-001 A9198-VE NETWORK 1/0 RELAY MODULE $912.91 ANIXTER INC.AXIS 0832-004 COMPANION REC BCH 2TB $700.21 ANIXTER INC.AXIS 0835-041 XF40-Q1765 CSA EXPLOSION 316L SS CAMERA,CERT.1410-15- $8,034.92 00 OXALIS,18X,D/N ANIXTER INC.AXIS 0835-051 XF40-Q176S-SOC C5A EXPLOSION 316L CAMERA,CERT.1410- $8,723.73 15-00 OXALIS,18X,D/N ANIXTER INC.AXIS 0836-041 XP40-Q1765 CSA EXPLOSION 316L SS CAMERA,1410-25/2420- $20,089.00 01 OXALIS,18X,D/N ANIXTER INC.AXIS 0836-051 XP40-Q1765-60C CSA EXPLOSION 316L CAMERA,1410-25/2420- $21,237.02 01 OXALIS,18X,D/N ANIXTER INC.AXIS 0865-001 M3104-L MINI DOME CAMERA,D/N COMPACT,INDOOR ON, $271.61 BUILT-IN IR MAX HDTV 720P WDR ANIXTER INC.AXIS 0866-001 M3104-LVE MINI DOME CAMERA,ON VANDAL- $326.15 RESISTANT,OUTDOOR READY IR,WDR,FIXED LENS ANIXTER INC.AXIS 0867-001 M3105-L MINI DOME CAMERA,DN VIDEO MOTION $347.97 DETECTION,FIXED IR ILLUMINATION,WD ANIXTER INC.AXIS 0868-001 M3105-LVE MINI DOME CAMERA,ON VANDAL- $402.51 RESISTANT,OUTDOOR READY IR ILLUMINATION+WD ANIXTER INC.AXIS 0872-001 03505-V 9MM MKII DOME CAMERA IN,VANDAL,FORENSIC, $1,089.71 REMOTE ZF ANIXTER INC.AXIS 0873-001 Q3505-V 22MM MKII DOME CAMERA OUT,VANDAL,FORENSIC, $1,198.79 REMOTE 2F,ROBUST N1PA Volume incentive on Projects over$40, . JOSS PROPRIETARY DATA ENCLOSED,FOR GOVERNMENT USE ONLY 97 of 737 196 off of total Project Price Page 159 of 528 Johnson 4qJpA,,AWARDE6 010 Controls Johnson Controls Security Solutions,LLC Contra 3117-TIS N.1PA PartsPrice le---May 2018 s�I'fi �=_ f�C', ANDMER INC.AXIS 0924-001 IP CAMERA,SENSOR UNIT,720P 102DEG ZIPSTREAM, $326.15 MICROSD ANIXTER INC.AXIS 0925-001 P1264 IP CAMERA,HDTV 720P HDTV 720P AND 57-DEG H FOV $326.15 ZIPSTREAM ANIXTER INC.AXIS 0926-001 P1245 MINIATURE HDTV CAMERA MODULAR,WDR,10801) $383.45 111 DEG FOV,POE ANIXTER INC.AXIS 0927-001 P1265 IP CAMERA HD 1080P POE PINHOLE SENSOR,MULT $394.76 STREAM 91DEG FOV,WDR,MO ANIXTER INC.AXIS 0928-001 P1275 MINIATURE DOME CAMERA MODULAR,VF HDTV, $428.70 10801353-99 DEG FOV,POE ANIXTER INC.AXIS 0929-001 P5635-E MK 11 HDTV3080P CAMERA PTZ,30X,FOCUS RECALL $2,180.51 ANIXTER INC.AXIS 0932-001 P5624-E MK II HDTV 720P CAMERA PTT,32X,FOCUS RECALL $1,744.19 ANIXTER INC.AXIS 0934-004 Q6155-E CAMERA,HI PTZ INSTANT LASER FOCUS $3,489.47 ANIXTER INC.AXIS 0936-001 F44 DUAL AUDIO INPUT MAIN UNIT $627.27 ANIXTER INC.AXIS 0943-001 46055-C 60HZ NETWORK CAM PTZ HDTV 1080P,32X ZOOM $4,683.33 ZIPSTREAM IP66,OUTDOOR READ ANIXTER INC.AXIS 0945-001 Q6055-5 60HZ OUT PTZ DOME CAM D/N HDTV 1080P 32X $4,698.68 ZOOM IK10 SS,PRESSURIZED 5P ANIXTER INC.AXIS 0950-001 P3224-V MK II DOME CAMERA 720P VF LENS,FORENSIC, $544.31 ZIPSTREAM,IKD8 ANIXTER INC.AXIS 0952-001 P3225-V MK 11 DOM CAMERA 1080P VF LENS,FORENSIC, $653.39 ZIPSTREAM,IK08 ANIXTER INC.AXIS 0953-002 P3225 VE MK II DOME CAMERA,VF LENS,108012,WDR, $817.01 FORENSIC, ZIPSTREAM,IK10 ANIXTER INC.AXIS 0954-001 P3225-LV MK II DOME CAMERA,VF LENS,1080P,WDR, $762.47 FORENSIC ZIPSTREAM ANIXTER INC.AXIS 0955-001 P3225-LVE MK 11 DOME CAMERA,VF LENS,1080P,WDR, $926.09 FORENSIC ZIPSTREAM,IK10 ANIXTER INC.AXIS 0955-001-F P3225-LVE MK 11 DOME CAMERA,VF LENS,1080P,WDR, $917.16 FORENSIC ZIPSTREAM,1K10 ANIXTER INC.AXIS 0959-001 COMPANION BULLET LE CAMERA D/N OUT/READY,HD IR $321.33 NETWORK 1080P,2MP WDR ANIXTER INC.AXIS 0960-001 P1425-LE MK 11 CAMERA $707.93 ANIXTER INC.AXIS 0961-001 P2405-LE MK II CAMERA $653.39 ANIXTER INC.AXIS 0973-002 Q1941-E PT MOUNT 7MM 30 FPS $3,198.02 ANIXTER INC.AXIS 0974-D01 Q1941-E PT MOUNT 13MM 30 FPS $3,198.02 ANIXTER INC.AXIS 0975-001 01941-E PT MOUNT 35MM 30 FPS $4,W.57 ANIXTER INC.AXIS 0977-001 Q1941-E PT MOUNT 60MM 30 FPS $6,054.41 ANIXTER INC.AXIS 0979-001 Q1941-E PT MOUNT 19MM 30 FPS $3,198.02 ANIXTER INC.AXIS 0981-001 Q1942-E PT MOUNT 1OMM 30 FPS $5,711.63 ANIXTER INC.AXIS 0983-001 Q1942-E PT MOUNT 19MM 30 FPS $5,711.63 ANIXTER INC-AXIS 0985-001 Q1942-E PT MOUNT 35MM 30 FPS $6,854.20 ANIXTER INC.AXIS 0987-001 Q1942-E PT MOUNT 60MM 30 FPS $8,568.03 ANIXTER INC.AXIS 0988-001 M2025-LE BLACK CAMERA,FIXED OUTDOOR-READY,BUILT-IN $358.87 IR NJPA Volume Incentive on Projects over$40,000. JOSS PROPRIETARY DATA ENCLOSED,FOR GOVERNMENT USE ONLY 99 of 737 15%off of total PrajW Prke Page 160 of 528 Johnsono.10 AWARDEO" _a.__a .6. , Controls Johnson Controls Security Solutions,LLC Contract N 031517-TIS NJPA Parts Price Schedule-May 2018 r e � a',.. � ;.�re`�'_. Fa�, �BURGESS CO PUTE. W OBARD 11RIVE® l a IIVT RSlAL 3.5 TA $337.25 BURGESS COMPUTE. WDSOPUR2 HARD DRIVE-STB-INTERNAL 3.5 SATA $479.25 BYTRONICS. 839056 ELECTRICAL,MISCELLANEOUS;PROM 92SI26AN $28.91 CDW COMPUTERS. 1938 C2G 01938 MODULAR T ADAPTER PHONE SPLITTER IVORY $4.21 CDW COMPUTERS. 21726 CABLES TO GO KEYBOARD MOUSE GENDER CHANGER $10.32 CDW COMPUTERS. 4847914 CDW SPARE CRADLEPOINT WIRLESS ROUTER COR IBR600B $625.65 WWAN-802.11B/C/N DESKTOP CDW COMPUTERS. 4851967 CDW CRADLEPOINT KIT 6000 RGD ROUTER W/CAT4 BUNDLED $797.74 CDW COMPUTERS. A31-1982-50 VGA SVGA MNTR CBL WITH COAX HODBI5M/HDDBISM 50 FT $85.09 SH CDW COMPUTERS. DUB-E100 HARDWARE;USB TO ETHERNET ADAPTER FOR SWVIDEOVIEW $42.34 (INGRAM MICRO) CDW COMPUTERS. INTERNETOFFICE30 VIDEO,VCR,DVMRE; OBSERVATION 3 OUTLET UPS WITH 15 $115.57 MIN BACK UP AND SURGE PRDTE CDW COMPUTERS. P502-050 TRIPP UTE 50 FT PREMIUM SVGA OR VGA RGB COAX MONITOR $57.61 CABLE HB15 M/M 50 FT CDW COMPUTERS. PS21AC-7 AVOCENT 7 CATS INTEGRATED ACCESS CABLE $76.04 CDW COMPUTERS. USBIAC-7 AVOCENT 7FT CATS USB INTEGRATED ACCESS CABLE $66.37 CDW COMPUTERS. USRS686G USROBOTICS 56K U SERIAL CTRL FAX MODEM $168.83 CI3. AA1020 ACCESS SENTRY LAN SOFTWARE PKG $1,777.39 C13. AA1042 ACCESS SENTRY,PHOTO CAPTURE SOFTWARE&USB $364.37 HARDWARE CI3. AA1044 ACCESS SENTRY;OCR DRIVERS LICENSE SOFTWARE W/SCANNER $622.09 C13. AA1046 ID BAR CODE SCANNER SOFTWARE-MUST ORDER AA1020 $444.35 ACCESS SENTRY LAN SOFTWARE PKG. CI3, AA1069 ACCESS SENTR;USB 4 PORT HUB $106.60 CI3. AA1070 ACCESS SENTRY;BADGE PRINTER(SERIAL OR USB PORT) $277.27 C13. AA1082 ACCESS SENTRY;DYMO ADHESIVE PAPER BADGES W/CLIP HOLE $31.47 250/ROLL CI3. AA1084 ACCESS SENTRY;DYMO TIME EXPIRING STOP SIGN NON- $53.51 ADHESIVE BADGES 250/ROLL CI3. AA1086 ACCESS SENTRY;PVC HARD CARDS $35.38 CLICK-IT. 1PPOE01 CAMERA POE POWER SPLITTER W PATCH CBL 3FTAND 1FT LOW $37.99 VOLTAGE CLICK-R. 3200-ULO1-2360 H.264 MEGAPIXEL INDOOR FISHEYE IP CAMERA $1,331.25 CLICK-1T. 4050-1000-3000 EMBEDDED DVR MINI DESKTOP 16CH ANALOG STB 60FPS $3,368.16 TOTAL CLICK-IT. 6784-4060-7000 HVR 4U 48CH ANALOG 121P 4T6 FIELD EXPANDABLE TO 6TB $14,752.36 960FPS TOTAL CLICK-1T. 7005-2000-0000 SMARCTCAM XI PROLINE NVR 16-IP CH 2TB DVDRW KYBRD/MSE $6,643.89 WIN7 GOODWILL CLICK-IT. 7007-4060-0000 NVR 4U 32CH IP 4TB FIELD EXPANDABLE TO 6TB $7,465.05 CLICK-IT. 732-02TOO-000E CLICKIT HVR 2T8 8 ANALOG/4113 CH KYBRD/MSE $5,525.89 CLICK-IT. 7500-0000-01 ANALOG/iP CAMERA LICENSE $121.69 CLICK-IT. 7500-00-01 CLICKIT 1 CAMERA LICENSE $133.30 N1PA Volume Incentive on Projects over$%000: JOSS PROPRIETARY DATA ENCLOSED,FOR GOVERNMENT USE ONLY 257 Df 737 IN off of total Project Price Page 161 of 528 JohnsonvioEb: Controls MPA'_4C OiAMR Johnson Controls Security Solutions,LLC Contract 031517-TIS Parts Price Schedule---May 201 WAIFLECT. "6224PR Garr�eChanBer 22/4PR RtlSER YLW W/2 BLK STR NE ORVC $0.31 CCN PAIGE ELECT. 46GK1000 536 OUTDOOR SECURITY CABLE GATE SYSTEM W/10'FOOT TAIL $93.74 PAIGE ELECT. 5S14023B1 14/2c STR OAS CL3P/FPLP RED 1KBOX $0.32 PAIGE ELECT, 5S14023B5 14/2c STR OAS CL3P/FPLP RED 500'BOX $0.32 PAIGE ELECT. 5U14023B1 14/2c STR CL3P/FPLP RED 1K BX $0.26 PAIGE ELECT. 5U14023135 14/2c STR CL3P/FPLP RED 500'BX $0.76 PAIGE ELECT. 5U16023B1 16/2c STR CMP/FPLP REO 1K BOX $0.19 PAIGE ELECT. 5U1602385 16/2c STR CMP/FPLP RED 500'BX $0.19 PAIGE ELECT. 5U16043B1 16/4c STR CMP/FPLP RED 1K BOX $0.28 PAIGE ELECT. 5U1604385 16/4c STR CMP/FPLP RED 500'BX $0,28 PAIGE ELECT. 7100028C erEX44 CONNECTORS 50/CLAMSHELL $50.67 PAIGE ELECT. 7100061C EXO CRIMP FRAME W/EXO-EX DIE CLAMSHELL PACK $132.40 PAIGE ELECT. 71054410YWB RJ45 CAT 5e Booted 24/4pr,STR,Unshielded,CM,Non-Plenum, $11.25 Yellow,10'Patch Ca PAIGE ELECT. 710550GP CAT 5e 24/25pr,SOL,Unshielded,DB,Outdoor,Black,1000' $2.87 Reel PAIGE ELECT. 710636WHL 23/4pr SOL CAT6 CMP WHT 500'BX $0.38 PAIGE ELECT. 71065403OR 3'CAT 6 PATCH CABLE MOLDED ORANGE WL PC6-OR-03 $1.82 PAIGE ELECT. 71065403WH 3'CAT 6 PATCH CABLE MOLDED WHITE WL PC6-WH-03 $1.82 PAIGE ELECT. 7106540SOR 5'CAT 6 PATCH CABLE MOLDED ORANGE WL PC6-OR-05 $3.39 PAIGE ELECT. 71065407OR 7'CAT 6 PATCH CABLE MOLDED ORANGE WL PC6-OR-07 $4.09 PAIGE ELECT. 71065410OR 10'CAT 6 PATCH CABLE MOLDED ORANGE WL PC6-OR-10 $5.46 PAIGE ELECT. 71065410WH 10'CAT 6 PATCH CABLE MOLDED WHITE WL PC6-WH-10 $5.46 PAIGE ELECT. 71065425WH 25FT CAT6 PATCH CABLE W/BOOTS WHITE $11.08 PAIGE ELECT. 71202044J EZEX44 CONNECTOR 100/JAR $107.23 PAIGE ELECT. 71636WH300 RJ45-8145 BOOTED CAT 6 PLENUM ASSEMBLY 300 FEET WHITE $202.89 PAIGE ELECT. 740095200A 12/40 X 200'CM WHITE COIL BAG $0.12 PAIGE ELECT. 741095C BUCKSAVER WIRELESS COLD WEATHER ACCESSORY KIT $34.01 PAIGE ELECT. 74109SS3 53 BUCKSAVER WIRELESS SECURITYTRANSMITTER DEVICE $356.21 PAIGE ELECT. 741802P10C 18/2c SOL LOWCAP CMP 1000'871802P10C $1.18 PAIGE ELECT. 741802PL 18/2c,STR,Unshielded,CMP,Plenum,White,1000'Reel $0.19 PAIGE ELECT. 741802PL27 18/2C STR CMP WHITE 25OFT RL $0.17 PAIGE ELECT. 741802PL-L 18/2c,STR,Unshielded,CMP,Plenum,White,500'Reel `$0.18 PAIGE ELECT. 741802PLL7 18/2C STR CMP WHITE 500FT RL USING EACH UOM $0.17 PAIGE ELECT. 742180210C 18/2c STR OAS CL3R/CMR GRAY 1000'82180210C $0,71 PAIGE ELECT. 7421803100 18/3c STR OAS CL3R/CMR GRAY 1000'82180310C $0.98 PAIGE ELECT, 742220210C 22/2c STR OAS CL3R/CMR GRAY 1000'82220210C $0.34 PAIGE ELECT. ,7422202500 22/2c STR OAS CL3R/CMR GRAY 500'82220250C $0.34 PAIGE ELECT. 742220350C 22/3c STR OAS CL3R/CMR GRAY 500'82220350C $0.50 PAIGE ELECT. 742220650C 22/6c STR OAS CL3R/CMR GRAY 500'82220650C $0.85 PAIGE ELECT. 742221050C 22/12c STR OAS CL3R/CMR GRAY 500'82221250C $1.58 PAIGE ELECT. 742222050C 22/20c STR OAS CL3R/CMR GRAY 500'82222050C $2.45 PAIGE ELECT. 743101MP RG59 SBC+18/2 STR CMP PURPLE 1000FT REEL $0.59 PAIGE ELECT. 747180210C 18/2C SOL LOWCAP FPL/CM 1 '87180210C $0.58 PAIGE ELECT. 747180250C 18/2c SOL LOWCAP FPLC 500' 871SO250C $0,58 N1PA Volume lncentiVe on Projects over$40,000: JCSS PROPRIETARY DATA ENCLOSED,FOR GOVERNMENT USE ONLY 459 of 737 1%off of total Project Price Page 162 of 528 J o h ns o n 01(o Controls �.CONTRACT Johnson Controls Security Solutions,LLC Contract 31517- S NJPA Parts Price Schedule---May 201 4 MNIXTrR NNCWi - M1063FBLrE 23 41)UTP CMP SOL BC T6 FRPO/FEp/FRLSPVC BLUE 1 FT $0.47 BOXES ANIXTER INC.WIRE 710636BLO3 CBL ASSY MOD D/E 24-4PR STRANDED CAT6 56BA/B 3FT $8.62 BLUE W/BOOTS ANIXTER INC.WIRE 720636PR 23,41)UTP-CMP SOL BC CAT6 2413 FEP/L5PVC VIOLET IDDOFT $0.47 BOXES ANIXTER INC.WIRE 710636WH 23-41)UTP-CMP SOL BC CAT6 2413 FEP/LSPVC WHITE 1000FT $0.47 BOXES ANIXTER INC.WIRE 710636YW 23-41)UTP-CMP SOL BC CAT6 2413 FEP/LSPVC YELLOW $0.47 1000FT BOXES ANIXTER INC.WIRE 710648DB 234P STP-CMX SOL BC CAT6E HDPE/PE BLACK JKT DIR BUR $0.51 10D0'RL ANIXTER INC.WIRE 71064SPR 23-415 UTP-CMR SOL SC CAT6 2412 PE/PVC VIO 1000' $0.23 BOXES ANIXTER INC.WIRE 71536100BL CATSE PATCH CORD PLENUM RJ45 TO RJ45 BLUE 100' $57.46 COIL ANiXTER INC.WIRE 7153650BL CATSE PATCH CORD PLENUM RJ45 TO RJ45 BLUE 50' $31.58 COIL ANIXTER INC.WIRE 715481008L CAT5E PATCH CORD RJ45 TO RJ45 BLUE 100'COIL $45,26 ANIXTER INC.WIRE 7154850BL CAT5E PATCH CORD RJ45 TO RJ45 BLUE 50'COIL $24.01 ANIXTER INC.WIRE 740038P 16-1P+19-1P SOL BC LSPVC LSPVC 1KT VIO 500'RL SPL PRT $0.37 CMP/FPLP 300V 60C ANIXTER INC.WIRE 740044A 18-2C STR BC FRPVC FOIL SHD FRPVC JKT GRN CMP/FPLP 75C $0.20 1000'BOX ANIXTER INC.WIRE 740045A 18-2C STR BC FRPVC FOIL SHD FRPVC JKT ORG CMP/FPLP 75C $0.20 1000,BOX ANIXTER INC.WIRE 740049A 18-40 STR BC FRPVC FOIL SHD FRPVC JKT GRY CMP/FPLP 75C $0.34 SPL CC 1000'REEL ANIXTER INC.WIRE 740051PR 18-6C STR BC FRPVC FOIL SHD FRPVCJKT VIO CMP/FPLP 75C $0.46 500'REELS ANIXTER INC.WIRE 740053-250 18-12C STR BC FRPVC FOIL SHD FRPVCJKTYEL CMP/FPLP 75C $0.99 250'REEL ANIXTER INC.WIRE 740065-250 18-12C STR BC PVC FOIL SHD PVC JKT YEL CMR/FPLR 75C SPL $0.86 CC 250'REEL ANIXTER INC.WIRE 7401388 16-1P+19-1P SOL SC LSPVC LSPVC JKT BLK CMP/FPLP SPL $0.33 PRT300V 60C 1000'RL ANIXTER INC.WIRE 7401388L 16-1P+19-1P SOL BC LSPVC LSPVC JKT BLK CMP/FPLP SPL $0.33 PRT300V 60C 500'RL ANIXTER INC.WIRE 740160M RG59 20 SOL BC FPE 95%BC BRD SHD PVC JKT CMR CCTV 75 $0.23 OHM ELK 1000'REEL ANIXTER INC.WIRE 740202-L 18-4C SOL SC PVC PVC JKT RED FPLR/CMR 75C SPL CC $0.28 500°BOX ANIXTER 1NC.WIRE 740203-L 14-2C SOL BC PVC PVCJKT RED FPLR/CL3R 75C 500' $0.29 BOXES ANIXTER INC.WIRE 740204-L 14-2C SOL BC PVC FOIL SHD PVC JKT RED FPLR/£L3R 75C $0.38 500'REELS 1CS5 PROPRIETARY DATA ENCLOSED,FOR GOVERNMENT USE ONLY 190 of 737 NJPA Volume Incentive on Projects over$40000.- 1!b off of WWI Project Price Page 163 of 528 Johnson Controls Johnson Controls Security solutions,LLC ryovernmentrec&wowes id 37 - S ............................ CI c 1 For BiffleWnvoice questions-1- 2 -7124 Nw 4th t And Nw 14h C Authorized sou II a PAj option 5 ® n Beach FL 33435 Schedule Price Quote ' For Sovicelrechnical ed s-1-800-428-7124 Sourcevvell Member#21407 Option 3 ......... .................. ee a1 , Local Account Ugn Naftn Gatlin 1 Local Account M9r Phone: 1-561-207-305 Local Account Mgr ll: Nlft,ggIIBgkftI.com JOSS Progr: Jeffrey Cappel Proposaf Prepared by. JCSS Mgr : 571-213-0842 Linda Jo (gk) JCSS MUr Email: .cap I 'cl. m SLG Sales Su pport Proposal : 07/17/18 100 Chestrud St.,1 lith Floor Proposal Name: Rolling Green Solid Waste Dumpster-Kentach ftchester,NY 14604 Compass Estimate : 1-41 OL Phone. 1 3-9268 ro i Ire : i2msm lkwo.jonea@jd.com Iron II Ion Cha es: Sou ll Schedule Products $1,009.77 (b) Sourcemll Installation Labor $1,696.$0(A) Sourced or"Open Market'Goods $4,169.75 C) 1n tla ° ha Ssa a 13,875.32 Annual - sou It 2nd Year-Annual Maintenance Charges(One-Year varranty,on Equipment and Service Labor rs included for first r) $902.56 p rinaf Ira a S a 92.56 Additional N s: Note 01: Rafts assume that neither Davis Bacon Act("DBA"),nor any other Prevailing Wage Act applies. If this is Incorrect,please advise In writing before submittal of the purchase order and provide the applicable prevailing wage determinalion and we will provide a revised quote. N : This proposal DOES NOT Include any applicable Local,State,or Federal taxes. Note 03. Customer to provide Pmver and Telco Communications. Nota : Price includes a One Year Warranty on Material and Labor. Note#5: Please include Sourcewell Contract Number 031517-TIS on your Purchase Order. Cryo BOYnbn a 1-41YE sourcermo ctoJ1517-ra B apply to 9of9 7117DOIC Page 164 of 528 Controls Boynton Beach Fl.33435 i Johnson 04to CKy of Bopftn Beach Soumewell Not Price Abdel Demillpffon Each MMR:"j SN-DK12 DIGITAL $141.15 $664. 1 BR24BPG EXTERNAL BATTERY PACK FOR BRI500 $230.17 $230.17 r T ! _ 0 180040L 18-6C SOL BC PVC PE JKT DIRECT BURIAL $0.43 $215.00 IRRIGATION CABLE30V SW RL Sourced OR"Open Market"Goods 1 -242410CE Outdoor WP Jbox with A1C $2,789.47 $2,789.47 r j 832444 PEDESTAL CEO LLC-58"BLACK, $295.24 $590.48 STEEL,DUAL MOUNT, ' GOOSENECK PEDESTAL c5- 4 POR -CS- 10-E PORTRAIT,8XIOX6, HOUSING, $176.00 $704.00 � BLACK WRINKLE POWDER COAT OPEN MARKET ITEMS-AFTE'R WARPEANTY-F-XEMPT FROM MAINMNANCE, - 20 Conduit Conduit $4.29 $85.80 SOURCEWELL Installation Labor Installation Labor, Programming and Testing $1,696.W(� Total[ , 7 .3 Cd BWbn BftdWAnt@ch-1-41YML 1517 S 911-7575 711712b18 hmm and c s purchw& 23 Page 165 of 528 Johnson * Controls Johnson Convols Security S®lutions,LLC Government Technologies CUSTOMERS I el Beach I SHIP TO ADDRESSIpith St And Nw 14th C ATTHI I CffYISTAI raac TOTAL IN TION CHARGES I $487&32 TOTAL ANNUAL CKARGESJ $902.SO 0 I TOTAL CREDIT CARD CHARGEI $7.77848jo Cardhohlees.Name Telephone Fox Number Credit Card Number N irn Tax Exempt Number- Ignature P bill to Address Information S GOPwalff fMM shipping addrega. Bin lo: SOUROBVELL t 031517--T1 . c. s 7,MMMB We Page 166 of 528 Johnson 4qJpAAWA1tDi Controls Johnson Controls Security Solutions,LLC Contract 1517-TIS NJIPA Parts Pricel ---May 201 rr )r HONEYWELL.= K-SD505DTSK DUCT DETECTOR TEST SWITCH $77.63 HONEYWELL.ADI 5K-SD5O5DUCT ADDR DUCT HSG W/SD505APS $197.80 HONEYWELL.ADI SK-SD505HEAT HOCHIKI-HEAT ANALOG SENSOR $66.88 HONEYWELL.ADI SK-SDS05PHOT ADDRESSABLE PHOTO SENSOR $73.95 HONEYWELL.ADI SK-SK4 4 ZONE PANEL SKU(DOMESTIC) $505.15 HONEYWELL.ADI SL-E931S35RR 35'OUTDR/INDR GATE BM $78.06 HONEYWELL.ADI SL-E941S600Z Z-BRACKET FOR E941SA600 $64.61 HONEYWELL.ADI SL-E941SA600 6WLB MAGLOCK $105.68 HONEYWELL.ADI SL-E96224B25 CRTN SNSR 4 BEAMS 22"25'OTDR $105.68 HONEYWELL.ADI SL-E96446625 CRTN SNSR 6 BM 44"25'OTDR ANG $132.58 HONEYWELL.ADI SL-SD962A36G ANSI A 156.3 EXIT BAR $288.22 HONEYWELL.ADI SL-SL126A SL126QA STRB.5-14V"U"TYPE AMBR $21.07 HONEYWELL.ADI SL-SL1268 SL126QB STRB 5-14V"U"TYPE BLU $21.07 HONEYWELL.ADI SL-VC3BAQ BNC TO VGA CONVERTER 1280X1024 $136.42 HONEYWELL.ADI SN-AQD58F8R ACLU 5/3A 12/24VDC PWRSUP8F8R $374.35 HONEYWELL.ADI SN-AS832BK ALUM SPACER BRKT MOD 32 BLACK $45.23 HONEYWELL.ADI SN-ASB32CL ALUM SPACER BRKT MOD 32 CLEAR $34.32 HONEYWELL.ADI SN-AS862BK ALUM SPACER BRKT MOD 62 BLACK $46.78 HONEYWELL.ADI SN-ASB62CL ALUM SPACER BRKT MOD'62 CLEAR $34.32 HONEYWELL.ADI SN-BAXDT22 EXT DLY TIMER BOX W/KEY 22VDC $187.17 HONEYWELL.ADI SN-BAXDT24 EXT DLY TIMER BOX W/KEY 24VDC $187.17 HONEYWELL.ADI SN-BPS121 POWER SUPPLY 12VDC 1AMP $174.70 HONEYWELL.ADI SN-BPS1215 POWER SUPPLY 12VDC 15AMP $904.67 HONEYWELL.ADI SN-BP51245 POWER SUPPLY 12VDC 4.5AMP $548.25 HONEYWELL.ADI SN-BPS126 CAPACITY 12"X15"X4"6AMP PWR S $606.77 HONEYWELL.ADI SN-BPS129 CAPACITY 15"X18"X4"9AMP $733.61 HONEYWELL.ADI SN-BPS241 POWER SUPPLY 24VOLT 1AMP $174.70 HONEYWELL.ADI SN-BPS2410 POWER SUPPLY 24VOLT 10AMP $904.67 HONEYWELL.ADI SN-BPS242 POWER SUPPLY 24VDC 2AMP $340.02 HONEYWELL.ADI SN-BPS244 CAPACITY 12"X15"X4"4AMP PWR 5 $606.77 HONEYWELL.ADI SN-BPS246 CAPACITY 12"X15"X4"6AMP PWR S $735.42 HONEYWELL.ADI SN-BPSM2410 POWER SUPPLY 2410 W/STATUS MON $938.98 HONEYWELL.ADI SN-BPSM244 24V 4AMP POWER SUPPLY W/STATUS $624.68 HONEYWELL.ADI SN-BPSM246 24VDC PWR SPLY 6 AMP W/STAT MO $747.91 HONEYWELL.ADI SN-CAB6 16'6 CONDUCTOR CABLE W/CONN $52.11 HONEYWELL.ADI SN-CCB812 CNTL BRD 12VDC 8 FUSED W/OTPT $84.22 HONEYWELL.ADI SN-CKL CABINET KEY LOCK 290-101-00 $20.99 HONEYWELL.ADI SN-CW032BK CON/WOOD BRKT MOD 32 BLK 1/2" $50.70 HONEYWELL.ADI SN-CWB32CL CON/WOOD BRKT MOD 32 CLR 1/2" $42.89 HONEYWELL.ADI SN-CWB62BK CONIWOOD BRKT MOD 62 BLK 1/2" $45.23 HONEYWELL.ADI SN-CWB62CL CON/WOOD BRKT MOD 62 CLR 1/2" $48.36 HONEYWELL.ADI SN-DK32 DIGITAL KEYPAD SYSTEM $141.15 HONEYWELL.ADI 5N-DK1626CBO CONTROL BOARD ONLY FOR DK26 $166.11 HONEYWELL.ADI SN-DK26PBK DIG KEYPAD PAD-NARRW BLK ANDD $164.54 HONEYWELL.ADI SN-DK26PSS DIG KEYPAD PAD-NARRW 5TAINLS $157.54 HONEYWELL.ADI SN-DK26SS DIG KEYPAD SYS-NARRW STAIN LS $311.17 HONEYWELL.ADI SN-DK2655XB DIG KEYPAD SYS-N RW XP STAIN $425.80 HONEYWELL.ADI SN-DM62 2200LB 62 DOUBLE DUAL VOLTAGE $719.22 NlPA Volume incentive on Projects over$40,000. JOSS PROPRIETARY DATA ENCLOSED,FOR GOVERNMENT USE ONLY 359 of 737 I%off of total Project Price Page 167 of 528 Johnsono.to mipAAWARDED': Controls Johnson Controls Security Solutions,LLC Contract 031517-TIS JPA Parts Price Schedule--May 201 5 :1,., a,. i ';j t ;{i(i t �0!;i,` ;�v t'• s t !!4k lliJl�t�� i�1�}S.`)�;1 t�,}.(, �lluTJ��V�II}t Ir r{{r 7 S ,r t � i i s t �1!{Iyr t ltU ��++ ANIXTER INCAPC AP9613 DRY CONTACT 1/0 SMARTSL RD INCLUDES USE CABLE AND $287.28 MANUAL ANIXTER INCAPC AP9630 NETWORK MGT INTERFACE CARD TO 2048BIT ENCRYPTION $373.78 SNMPV3 ANIXTER INCAPC AP9631 NETWORK MGT INTERFACE CARD 2 W/ENVIRO $607.93 MONITORING/SOFTWARE,TEMP SENS INCLUDED ANIXTER INC.APC APCRBC105 APC REPLACEMENT BATT 105 $494.32 ANIXTER INCAPC APCRBC123 APC REPLACEMENT BATTERY CARTRIDGE 11123 $81.46 ANIXTER INC.APC AR3150 NETSHELTER SX 42U 78"H X 29"W X 42"D BLACK $1,962.23 ANIXTER INC.APC AR8100 M6 HARDWARE FOR 60OMM WIDE ENCLOSURES $50.71 ANIXTER INCAPC AR8425A lU HORIZONTAL CABLE ORGANIZER BLACK ROHS $62.58 ANIXTER INCAPC ARS429 1U CABLE PASS-THRU W/BRUSH STRIP,BLACK $50.67 ANIXTER INC.APC AX101326 1-PORT MOD JACK 8W8P UTP T568A/B CAT6 IPS KEYCONNECT $12.56 TIA606 BLUE ANIXTER INC.APC BE65061 BACK-UPS ES BATTERY BACK UP 8 OUTLET 650VA 120V 5' $115.92 CORD 3/4"X 11.2"X 7.1 ANIXTER INC.APC BES50M2 APC BACK-UPS ES 850VA,2 USB CHARGING PORTS,12GV $144.44 ANIXTER INC.APC BK350 350VA/210W UPS BACK-UPS FOR NON-CRITICAL NETWORK $127.21 NODES ANIXTER INC.APC BK5OO 500VA/300W UPS BACK-UPS FOR NON-CRITICAL NETWORK $190.65 NODES ANIXTER INCAPC BR1000G BACK-UPS RS,600WATTS/10DOVA, INPUT 120V/OUTPUT 120V $206.29 ANIXTER INC.APC BR13000 13OUVA BACK-UPS 10-OUTLETS,AVR,120V $277.32 ANIXTER INCAPC BR15006 150DVA BACK-UPS 120V 10-OUTLETS,AVR $367.29 ANIXTER INCAPC BR24BPG EXTERNAL BATTERY PACK FOR BR150OG $230.17 ANIXTER INCAPC BR7000 BACK-UPS RS 45OW/70OVA 120V IN/OUTPUT(3)NEMA 5-15R $179.21 BATT B/U &(3)SURGE PROTECTI ANIXTER INCAPC CATGPNL-24 APC CAT 6 PATCH PANEL 24 PORT RJ45 TO 110 568 A/B COLOR $218.19 CODED ANIXTER INC.APC EC0350UPS STANDBY UPS 350VA/180W WITH USB COMMUNICATION $82.25 PORTS ANIXTER INCAPC NET9RMBLK 9-OUTLET SURGE SUPPRESSOR RACKMOUNT BLACK $121.05 ANIXTER INC.APC P68 6-OUTLET SURGE SUPPRESSOR WITH<330V LET-THROUGH $17.26 VOLT RATING 6 FT CORD ANIXTER INCAPC PER7 7-OUTLET SURGE SUPPRESSOR WITH WITH 6 FT CORD $22.81 ANIXTER INC.APC PNE71GB PROTECTNET DATALINE SURGE SUPP RJ45 10/100/1000 BASE-T $29.72 ETHERN ANIXTER INCAPC RBC17 APC REPLACEMENT BATT 17 $60.96 ANIXTER INCAPC RBC24 APC BATTERY REPLACEMENT KIT FITS MULTIPLE APC UPS $458.95 MODELS ANIXTER INC.APC RBC32 APC REPLACEMENT BATT 32 $100.57 ANIXTER INC.APC RBC33 APC REPLACEMENT BATTERY CARTRIDGE 11133 $126.85 ANIXTER INCAPC RBC43 REPLACMENT BATTERY CARTRIDGE 1143 $566.04 ANIXTER INC.APC RBC48 REPLACEMENT BATTERY CARTRIDGE FOR SUA750 $141.54 ANIXTER INC.APC RBC7 REPLACEMENT BATTERY CARTRIDGE 4/SU700XLSU700XLNET $238.50 SUlODDXLSU100OXLNET BP1400 NJPA Volume Incentive on Protects over$40,OW. JCSS PROPRIETARY DATA ENCLOSED,FOR GOVERNMENT USE ONLY 72 Of 737 1%off of Mot Protect Price Page 168 of 528 Ce Johnsono,to Controls Johnson Controls Security Solutions,LLC Contract 31517-TIS NJPA Parts Price Schedule-- May 2018 - ! t}Ft`s'7 °f , w c !ti} s tiFF I t 0 Itlf Irl! t F.t�'f Fi��FY(l�� yr�7 iik F�t�AI��}t ( 1 ti 1 t,i ,tut 4 rl�i Ft �S F(ss f{j�y _ ANIXTER INC. IRE 4430719 BNC PLUG STRAIGHT 75 OHMS CRIMP BRAID&CENTER CON $2.76 155A&185 ANIXTER INC.WIRE 10034885 24-4P UTP-CMP SOL BC CAT5E UL CSA FT-6 FEP/FRPVC VIOLET $0.39 JACKET BOXES ANIXTER INC.WIRE 74112118 18-4C+22-21)STR BC PVC OA FOIL SHD PVC JKT YEL CMP SPL $0.64 PRT 300V 75C 1000'RL ANIXTER INC.WIRE 180010L 18-2C SOL BC PVC PE JKT DIRECT BURIAL IRRIGATION $0.18 CABLE30V 500'RL ANIXTER INC.WIRE 180020L 18-4C SOL BC PVC PE JKT DIRECT BURIAL IRRIGATION $0.31 CABLE30V 500'RL ANIXTER INC.WIRE 180040L 18-6C SOL BC PVC PE JKT DIRECT BURIAL IRRIGATION $0.43 CABLE30V 500'RL ANIXTER INC.WIRE 180060L 18-8C SOL BC PVC PE JKT DIRECT BURIAL IRRIGATION $0.55 CABLE30V 500'RL ANIXTER INC.WIRE 180080L M10C SOL BC PVC PE JKT DIRECT BURIAL IRRIGATION $0.69 CABLE30V 500'RL ANIXTER INC.WIRE 18008OL-250 18-10C SOL BC PVC PE JKT DIRECT BURIAL IRRIGATION CABLE $0.69 30V 250'RL ANIXTER INC.WIRE 18D090L 18-12C SOL BC PVC PE JKT DIRECT BURIAL IRRIGATION CABLE $0.83 30V 500'RL ANIXTER INC.WIRE 18009OL-250 19-12C SOL BC PVC PE JKT DIRECT BURIAL IRRIGATION CABLE $0.83 34V 250'RL ANIXTER INC.WIRE 2412-SOM06 23-41)UTP-CMR SOL BC CAT6 2412 PE/PVC BLUE 305M 50OFT $0.19 BOXES ANIXTER INC-WIRE 2413001AID01 23.4P UTP-CMP SOL BC CAT6 FRPO/FEP/FRLSPVC BROWN $0.36 1000FT RIB NONBONDED-PAIR ANIXTER INC.WIRE 2413001ASOO 23-41)UTP-CMP SOL BC CAT6 FRPO/FEP/FRLSPVC BROWN 50OFT $0.38 RIB NONBONDED-PAIR ANIXTER INC.WIRE 2413009U500 23-413 UTP-CMP SOL BC CAT6 FRPO/FEP/FRLSPVC WHT 50OFT $0.36 NONBONDED-PAIR BOXES ANIXTER INC.WIRE 2413-50OFT06 23-41)UTP-CMP SOL BC CAT6 FRPO/FEP/FRLSPVC BLUE 50OFT $0.36 NON80NDED-PAIR BOXES ANIXTER INC.WIRE 264-321 2-CONDUCTOR CENTER TERM BLK FOR TERMINAL STRIPS W/ $1.15 FIXING FLANGE GRAY 12-28A ANIXTER INC.WIRE 264-361 END PLATE FOR FLANGE MOUNT TERM BLOCKS $0.27 ANIXTER INC.WIRE 4SI402SDB 14-2C STR BC PVC/NYL FOIL SHD PVC JKT BLK DIRECT BUR $0.70 WTRBLK CL3/TC/FPL 1000'RL ANIXTER INC.WIRE 451402SDBL 14-20 STR BC PVC/NYL FOIL SHD PVC JKT BLK DIRECT BUR $0.70 WTRBLK CL3/TC/FPL 500'RL ANIXTER INC.WIRE 451402WDRA 14-2C STR BC PVC/NYL PVC JKT DIRECT BUR WTRBLK $0.62 CL3/TC/FPL 1000'RL ANIXTER INC.WIRE 451402WDBL 14-2C STR BC PVC/NYL PVC JKT SLK DIRECT BUR WTRBLK $0.62 CL3/TC(FPL 500'RL ANIXTER INC.WIRE 451602PSTC 16-21)STR BC VN TRAY PVC-NYL O/A FOIL SHD PVC JKT 90C $0.88 600V UL TC BLK/WHT#S ANIXTER INC.WIRE 451602SDB 16-2C STR BC PVC/NYL FOIL SHD PVC JKT BLK DIRECT BUR $0.54 WTRBLK CL3/TC/FPL 1000'RL NJPA Volume Incentive on Projects over$40,000: JCSS PROPRIETARY DATA ENCLOSED,FOR GOVERNMENT USE ONLY 185 of 737 1%off of total Project Price Page 169 of 528 Greco-Arencibla, Adreanria From: Dunmyer,Gary Sent- Friday, May 25,2018 4:25 PM TO: Greco-Arencibia,Adnanna Subject. Rolling Green Gate Attachments: CITYBOYNTONBEACH-DUMPSTER-AC-EST#1-3K3NNEP RI.pdf Adrianne, Here is another PO to process for the Gate at Rolling green. This is a vendor we use for this type of work and it doesn't need to be competitively bid. They were formerly Tyco. Gary Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. f Boynton Beach, Florida 33435 561-742-6231 DunmyerG@bbfl.us I http://www.boynton-beach.org/ America's Gateway to the Guffstream 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. ACV —CJ$4 Page 170 of 528 Coversheet Page I of I B.C. CONSENTAGENDOk 4/3018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM C01111MISSION MEETING DATE. NW81t; REQUESTED ACTION By COMMISSION. . PROPOSED RESOLUTION NO.R11113-Mll-Authorin the Mayor to sWn an I Grant Agreement bakmen the the City of Boynton Beach and SOW Waste Auftft of Palm Beach County lor$16,0W of funding kwmrds the cost vrinslalling an IndustrWI,automated gate at ft C"Rolling Green complex The 93*119W COW Of the project is$35.000 and the City MR be prov4ding the balance Of$19,000. EXPI.ANATION OF REQUEST. Grant Period:Upon execution of ILA-March 3 , 19 On Octfter e,the Sold Vbbste Authority released a Blighted and Distressed Property C and Beautificstion Grant Application. The grant is intended to assist In the cleartup and beauffm9ion ofd ,bli~or oawvdse Impeded properties. The grard is offered as an hoaritive to improve the quality of the ft and provide a wkK heallhisr and ff"s 898thelkally Plessing environment for V4 residentL In response,the Commission passed Resolution No 17-106 authorizing the CRY Manager 10 apply for a grant for the RoNbV Grow Properly.We we pleased to now NW that we have successfully received funding PumWnt to this grard in the amount of$16, 0. The Pubic Works Departmears wwarded project consists of installing anindustrial to on the Rolling Green Dump ster S' is project is not in the City's 201712018 Capital improvement Plan,hence bcal funding is now needed. This pr*ct is needed to make the Rolling G site mom secure and proven!fly dumping,graffiti,vandalism,and theft of City owned trash cans. To no it the Steff,in the post,has used chains and locks to Gomm dw existing gate. Each time the 10dw am found cul at the base of the gate. SW notes Vol this grant program was successfully used by the City and CRA to provide larxiBcaping and painting around the ClVs Public Work Compound on NE On Ave. This request is to SmOnd the Capital Improvement Plan to ne-allowle$35,0DO from the proled Wed Fire Traift Site at Roiling Green for the cog of this project Called Gate I at Rolling Green, This ILA vAll provide a grant in the amount of$1e.oll0towwrds the$35.oWpr*a cost Resulting In the City providing up to$19,oa0 of City funds for this prood. Also authorizes.the Mayor to sign the InIsdocig GwdAgmmr&tvdh SW Ablib AL*0*QfPfidM Basch County NOW WILL THIS AFFECT CITY PROGRAMS OR SER ES? WA FISCAL IMPACT: Non-budgeted Currently In the approved Capital Improvern"plan Budget for FY17118 More is a pn*Dded Had Fire Training Site at Rolling Green(302-4225- 68D.62-01,PlojectND.FAIS011,Budget 5100,0D0). This pajad is not proceeding sithis time bemuse the project scope has not n and the Roiling Green ore Is being considered for the future site of the Public Works Compound. been doff ad Sleff is proposing"Ing$35,000 of that budget for this pr*cf filled gate installation at Rolling Green. ALTERNATIVES: The Commission can choose not to accept the grant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION. CLIMATE ACTION. No CLIMATE ACTION DISCUSSION: Is this a grant? No GrantAmount ATTACtIMENTS., Type Description &EW-090 Resolution approving ILA Mh SWA for grant funds fl 68—agh SIM Irderlocal Agreement A290MR10-1 Resolution No.R17-106 61mhman-I Example of Proposed Gate https://boyntonbeach.novusagend&com/AgendaPublir-/CovffSheetasPx?ltemID--3826&M.. A99001 of 528 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES T 100 EAST BOYNTON X 310 P.O. : 181211 BOYNTONE , FLORIDA 33425-0310 DATE: 07/30/18 VENDOR 1954 SHIP TO: TO: KONICA MINOLTA BUSINESS SOLUTI City of Boynton Beach 100 WILLIAMS DR ITS DEPARTMENT RAMsEY, NJ 07446 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BIL? NO: COMMSMON APPROVEM LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXCCOSTTED 1 1. 00 EA PAPERCUTMF USER LICENSE 1881. 0000 1881. 00 (up to 500 commercial users) VENDOR ITEM NO. - 11PCMFC.5.00 2 13 . 00 EA KONICA MINOLTA EMBEDDED 314.5000 4088.50 LICENSE(S) . Up. TO 10: Note.. Musthave 'Ot�erjA later PT ;2..3 . 1:. or :. VENDOR :ITE NO. 1ZPC EE25 3 5970. 00 EA 1. Y , <REMOTE PREMIUM SUPPORT .3000 1791.00 P.ROVTT)ED . Y ACDI VI- phone r` email. and`.Ptu .Rem®te — VENDOR ITEM NO. " PROSERV.ICES1 4 13 . 00 EA REMOTE .INSTALLA' ION, 137..40:00 1781. 00 CONFIGURATION, T THING (based on nu or off, embedded L.ieenses) VENDOR ITEM NO PREMOTEEMB 5 2 - 00 EA.: ' MOTE :INSTALLPTION . 272 0®00 544 . 00 CONFIGURATION,. AND TRAINING (based o VENDOR ITEM NO. PCREMOTESPRVER 6 1. 00 EA SOLUTIfONS.:DELIVERY .CHARGE 1 0000 18 . 00 VENDOR ITEM NO.- 7640008085 7 1600. 00 S PROFESSIONAL PROJECT 1.0000 1600 . 00 VENDOR ITN0. 7640019485 8 1600. 00 EA PROJECT. COORDINATOR 1. 0000 1600 . 00 Regional,/ L66A! .Pr®sect Coordinatican: VENDOR ITEM O. . 764001941 9 13 . 00 EA AU-205H CARD READERS 399.0000 5187. 00 VENDOR ITEM NO. - R5427000136466 PIOOUIECIEY�T ERIIOEB: :j:::ia / F.O. TOTAL ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 172 of 528 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTONLV P.O. 181211 Y P.O. FLORIDA310 33425-0310 DATE: 07/30/18 VENDOR 1954 SHIP 0: TO: KONICA MINOLTA BUSINESS SOLUTI City of Boynton Seaga 100 WILLIAMS DR ITS DEPARTMENT RAMSEY, NJ 07446 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 REOU ITION NOn ORDERING DEPA TMENT- E3ATE NEEDED- E D O: Oha9hr91S=N APPROVED: EXTENDED QUANTITY UOM ITEM NO. DESCRIPTION IT COST COST REMARKS KONICA MINOLTA PAPERCUT PRINT.ING .SOLUTION PIGGYBACK ;STATE CONTRACT #600:--000-11-1 DO NOT: MAIL PO> - ITS`'WILD. SEND TO .VENDOR PROCUREMENT E '�'3LO CE F.O. TOTAL: 184 0.60 ACCOUNT O. PROJECT S BELOW I Page 173 of 528 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 181211 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/30/18 VENDOR 1954 SHIP TO: TO: KONICA MINOLTA BUSINESS SOLUTI City of Boynton Beach 100 WILLIAMS DR ITS DEPARTMENT RAMSEY, NJ 07446 100 E BOYNTON 'REACH BLVD BOYNTON BEACH, FL 33435 —--------- REQUISITION NO, ORDERING DEPARTMENT: DATE BID NO: MMISS NEEDED� CO ION APPROVED: EXTENDED LINE# 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. : 13Y PROJECT AMOUNT ------------------------- - -- - ------- ------- ----------------------- 0000071923 07/30/1$ ..: ITS-: TS3301 7760.50 00115105134691 0000071923 07/30/18 ITS: T83301 5543 . 00 00115105134917 0000071923 07/50/.18 ITS 763301 5187. 00 00115105135220 � ------------------ ---------------------------------------- PR ------------------- E P.O. TOTAL OCUREMENT SERVIC S: ACCOUNT NO. PROJECT PURCHASING Page 174 of 528 0 a% C" 1 1Ho 0 0 0 0 0 0 0 0 0 99 111 0 C� 9 0 9 C, 0 Iip ,q w H H v w 0 C; r� a E-4o m w fia 0 w 0) I0w1r 0El- L- 0 ko LO H v -i Ln OD >4 m I I w , 7,4 C) Ul 0 0 0 0 0 0 0 U) Z 01 dO H M NOI 1 0 0 a a C) C; C; C; C; F Z FU I I 0 0 a 0 01:1 0 CD 0 MH MW V 4J V IJ U 4J V 4J 4J 0 V4 Z rl P 0 P P Z Z H m 0 I I 0 H H ra ri ri ri r-q r-I r-I Cdl U I I 0 0 0 0 a 0 0 0 0 ri 04 E-1 e N H I I 4J 4J 4J IJ 4J 4J V W 4J 0 u z M rd d ns cd rd rd rd rd a g 2 F 8 O w 1 1 H 04 1 I Iq �x (d to rd rd (a rd rd fu rd N E� z wl m w 0 Urex'A 1-1 -q Hw ram Hm 14 rax p rl 0 t 1 r4 0>40>'O>,O>,a>+O>,c>,C)>,a>, z N F3 M 4J M 4J M JJ M 4J M 4J M 4J M V M 4J M JJ w z z 0 M-H M-11 rn-lq M-1-1 M,q M-H M-1 M.rq m`4 0 0 H P42 I 1 04 P HUHU H H E-4 E-1 H M H I I H E4 0 z 1 1 F4 p CY 124 H M W M Z > 1 1 Z z 0 �D 0 DI z 0 P4 ca P4 ul t FZ4 V4 134 > > > H wwwwwm V4 P4 P4 Ul m 0 H mm �D cx w w OWDU u D u k-I v N ZE-4ZPZP P P Ei P PO4 MZWZWZPUE4UE-4UE-4r-)PUP4p PF4pHE4HZ Ing rx 14 pd H CY c4 P4 P4 P4 P�P4 Ix fx P�W W N W M r4 rX4 WOMONOP HHPPPEN13404 r- 0 m 0 z m Ln 0 0 m m m 0 10 0 0 0 ck 0 0 C3 0 Z N H 1 I nH H H xq r4 H H 'i ri 0 E I I In m m m m In Ln Ln Ln H U P4 1 1 0 H H H H H 4 H H ri 0 H 1 1 U H 1--i H H H H H Iq ri 14 1�4 0 0 0 0 0 a 0 0 CD U) 0 u 0 0 0 0 a a 0 01 0 10 E-A P4 Z P4 1 Zi N m Ln tD r- co m Page 175 of 528 co co i CMi A M I co kD U2 Ln W W LA Ln Ln M I 0 N u W co CD co DD 14 04 1 Ln pa H W F4 0 v v C. I u W > p E-4 to a! M 19 1 P4 a O 0 C H 1-1 >4 0 1 x X 0 a 0 r, m1 U u Uy L-3 M 0 0 0 N I C14 04 0 Pi v IV W 1 11 1-194 %D w w ul P, 04 > W 0 Z RE4 r 0 O a 0 Swt a 0 H0 M ca LA 0 0 C) Ln w H z WO E-4') -1 v C� C� 1r r� ar H x I co 00 01 ca 0 0 OD (A 0 r- Ln %D %D H dp 0 Ln 03 to HO pp 00 C3 0 0 MZ Z Huy I C) 4 0 p O 0 0 N H H no 1 C3 a 0 0 a a 0 0 0 : 0 m I% x U 0 Ln m 0 0 0 0 0 H04 0 0 H I OD H H 0H 1 00 m 0 0 0 E-4 04 H ry (n H 0 I W F4 K� 1 0 U N 14 a I w Z >F-I EA w I N FD 0 0 00 0 0 0 0 z r4 H P4 z Ear C� C! C! P4 P 04 H H H P4:R W I Hm N H a 0 up0 1 H h H 0 0 H Q 1 ayw to Ln -9 H z 0 z :D 0 W I H H H I u z P4 m 0 >4 P4 w UL? M W 0 rd H rk ' W raw > E, F� E- In H *�E- -l' E+ D4 P4 0 w 0 wmw 0 3:wM W ZW 41 M J-4 N X S4 P4 H0 H upo H PO Ua UEao rdEao 14 WOM N Ga P4 P-11 CP N H N P4 HW H R4 CIP ON 124 n E4 w Ix 0 0 PA 4r4o N 0 pq >ul >om -rf 0 P4 114 ul 00 ZHOM pvm�D w U10 W4 X EO�:] 'd ca�:) 0>1 $W N -Z Do 04 0 LS V) V W>i FA IS CQ m's U) 2: M's m ucn w 0 9 -� I w mw w --- 0 �4 Z H -LS PW 0>P 'd>p H >E' P4 W FIN m 04wwz D>p I rX4 rd IX z N P4 z wo� E-4 W>N C)pd z z to P4 L) 934 u WH wwH z WH OOH u FA H DQ H a0 W�JOH QHQH to 6 W 4.J w rio Emo ul c�9 0 M 4 rx 0 0 w U) F4 14 04 -�l cmQ ,M Q 1 1,:04 w �,d IS "'Un 0 DQ O14 0 w u R '4 to)M 'mo Da Ul p!V) rA HU WQW� HOP4� Z44W� W1 >4 F4 01 MMI IX CN� 1:4 W W !da4 0 0 P4 P4 M P4 0 F4 P, W F-4 W w M 0 Z Da 4 E4 r4 U F� N Z V4 P4 E--1 C4,4 E, EA E� cu 04 E� g � P H H r4 s E Dr. 0 X rY4 N-4 r�4 P rZ4 EA N >La Z H D� X F-I DQ 00 00 0 F-I H 0 090 H090 r4 0 rg ul ou 11 u w ca .U 04 1 1) 0� A 0 MO 9 ril F4 zu H w m u rh I Q L) *44 E4 Q) W rA r4 0 M 0E4 - - O oEa V -- - n - Lo 00 H 6 : D4 0:�6 Zx j>4 n >4 q w ?+Q >fn w 94 Q 0 1 E4 Z H =0 H W E-4 0 W PO Z0 E�O Z PO WPO WE-4d U--p 0 HO 0 E4 Ln H x 90H= WOH HOHM HOHE 8H= 0H r-I H x H z HO ME EME 0QF ME nE Q:9 04 Q E pdnx mnz 0 Eq 0 H , U000 6 00 Hoo W1000 F4'000 H00 Noo UOOO 000 u H 0 m rg 4J X U c0+0 U c4x u p a) Lj puzu F4 u Eu W® U CMU a] U r W :9 H�E w 'T OWE omx H 0 0 m 0 Z4-)H du Z rd 0 2 E(M 099 CmQ XO� 01'j 7209 N RUM 0 OU La —1 U V) m4um W,Qum uca U0mum Oum 01 C4 M 04 0 P4 Z IxM Ln w hGo z EQ H M H F4 z Page 176 of 528 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVERA 000 9 7/19/2018 Requesting : ITS Contact Person: Aaron Burn Explanation Purchase: See attached Memorandum from John McNally, ITS Director Recommended Vendor Konica Minolta Dollar Amount of Purchase , Source r Purchase (check and attach backup materials): Three Written Quotations GSA State Contract EXPRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract - - 1-1 NOTE: Pricing proposal#or purchase must be presented in the same detail contained within the contract. Fund Source rPurchase: ' -1510-513.46-91 Softwar Int $7,760.50 001-1510-513.49-17 Other Contractual Srvs $5,543.00 1 - 1 - uipment $5,187.00 ® t ° I Department a t Purchasing t . ............ ast City t t City Manager t t' Form ev°is 02/01002 Page 177 of 528 ITS Memorandum No. 18-011 interoffi" ce To: Finance From: John McNally, I.T.S. Manager Re: Papercut Printing Solution Date: July 19, 2018 In August of 2018 City Hall departments will be moving, relocated to a temporary space for a period of 24+ months due to the Town Square development project. The new space will be configured in an on open-office environment, with most of the departments and their users sharing six (6) Konica Minolta multi function printers (MFP). These same departments previously utilized eleven (11) MFPs, and a total of five (5) MFPs will be decommissioned during this process. In order to accommodate this reduction in devices, additional printer services is required. This purchase of hardware and software will allow the six MFPs to be configured so that user print jobs are queued up, and not automatically printed when submitted. The MFPs will also be equipped with ID card 'readers', which will be used for authentication purposes. A user will submit their print job, walk up to any of the six printers, swipe their City-issued 'prox card', select the queued job(s)to print, and then release them to the printer. This will provide printing security (content not printed until the user is ready to receive it), eliminate wasted paper(print jobs pushed to the side waiting for the users), and provide accountability(printer activity tracked by user and department for possible charge-back purposes). Please review for approval this purchase of the Papercut software and associated hardware from Konica Minolta in the amount of$ 18,490.50. We will be using funds from the following ITS Department's account numbers: Account Number Accoun!R!! rl i . Amount 001-1510-513.46-91 Software Maintenance $ 7,760.50 001-1510-513.49-17 they Contractual Srvs 5,543.00 01-1510-5 om Duteir E Ilui ment $ 5,187.00 al $ 18,490.§ Page 178 of 528 m C) n � x C3 0 0 m M o 0 0 U3 LO 00 ro -n rb m ul < ED m 00 00 LA m L'I C &I. Ln Ln Ln M w 3 r n rD W rt :E M (D UR C.1 pu c w 3 w 3 (D rD LA m 0 m 0 < n < w Ln ID ;u 2L n - 0 CL 0 a- ry 2C) 4r rD as r 0 0 a 0 'n o CL 2L C. �3 D ro w — 0 rD - M cr KU m CD -< 0 m (D 5 3 0 3 C cr MJ nn m o oE m cL -3 �3 p > CL 0 cro- (D as LA C CLC -V Ln c rj CL nr 52� m D - — r) -0 rt (D :19 -0 cu 0 CL (D 0 =3 0 in 0 -3 wm Ln mw 0 -0 ::I = eD 0 < o r+ m , M :3 CL 0 3 ro ro Ln 'tD a% Cl --j 0 0 C) w ® m k- NJ wLU tA V. V. to iA th V. 03 03 rD (b i + FL Lu i1i uj 00 w DO 00 �j 0 C) C) O d w Ln CD 0 m 0 0 M 0 0 0 0 4JI, i^ Q'. 4.n 4h in t6 4.^ ir. Ln P, m ut �j 00 w ca 0 n i— 4� 03 LO Ob 00 in. M m C 0 C) m 0 0 0 a 0 0 0 0 Ln O 4-A to v. to to to QV'. VF ;A:N w Lu LO 0 M w w m W �4 �Q 1 W 00 cc W Ln �O w Page 179 of 528 ------------- T -MV IJ:-4 "O I-0 f �N 1N iii In ,v 0 rn v.T n In ti O 00 (D :leb i� In lm YO A a o 009 ;3k" 0 ! 00.00 o �� .4. Lq Ul.Ln ��° I� to � r Jd i» 'ro `a w j jalm mi ;0 0 M iclaiDa o y °_I� m1 m n � o mi • m C hhw 3 sW 3 D m = m 0! N I m .In,rr I{p O M O I— w C e= r�• O d .*I Q r* C GI I E n 10m ! C7 I�f� O O�= w m c Co.�E-CL a, ej lu j Iw�® � Et OtCo Oal `O n [ 3 � mro,n� 1 f � ' o n) o m O �, c I= CL ° , m i n ro uo = 3 = b +a to I� m O m -�r r �a ;= m s c Q- c ;roC "' �' C � I ': a„ @ n Iw n i® 1 o a. O m 0 O IL io :� :3n ? 3 m0 IA i of = I g tA d I C i O I I d of Q O 3 m : Y mI �I f I W i A _I ' - k m ' i In ° cu M �._ 1 cn Ql-QV to y -n f w I-- - — �. CU 'W O O.I-eiN W O I I � jin Eih tA m I I Iw d m w m 1O m M ' p d 0 T O i wi i r.rw Ew {oo �i ;t, 1IN �14 IA00 k. m olo 0 0 0 o I'o 'a 0 ° ;rt r� I ei x000 0Nle � A �00 00 ® � Q 0 �c coo 0 0 to a i� iDo Iro �ro 00 a na n�a Inde v I n ;;0 I C W Lq 1p W I Y V k m Page 180 of 528 KONICA MINOLTA Stabot Of flarma Contract Number: 11.1 ERKUVQ Dates;Aetna 1, 'August 3,2078 SOLUTIONS PRICING li- 0 it, "%26— Pap sol(ACISIg 01,11 loill REQUIREM EACH PAPEROH ORDER,MUST INOWElE CUSTOMER CONTACT INFORMATION INCLUDING:End User Name; [col Is created in the End Loess`s n mool Contact Nprise and phone Nucnbw REQUIREDc EACH PAPERCUT ORDER MUST INCLUDE an ACD]Quere leeeludi Justallatped and Maintenance llmmFcsoo Coximpoircholl Deal to SW REQUIRED.All installations and su pet of Nis Rpnla&Minahe Devices and be g2Mded kjACDI.OiStrionswor must acoustic au s odfic kanis annual Fier to the iestallaUl alltnobadevlDamon .-.� 'e ;t Preservoia Su ortbor the wasish o&the trontract. s 11PQAt¢veaG25 Inn,a�:a T�aalta e*+s.�ec4�,iai�rle��'cxeneTr si.lrn rc"n5,lIarl o-Ssai�tia _.__. g_. ,�dm� a.xta°CI a.# NYU °�4.T7 •. OELItPER7 Each ,e; !!a.k.,..:8. um...., L.c,^.L' a;;am.AI z i4l v .csC .vada.I ,...,�..,� .,.....I !COI On weight and rrfer ccs per%clna helaw. df ., �,....,._._. _____. ....._...m tNST TiONc Eac9a ACEI VandB IIIIJt MUST include]tem unlvarsaB tardal-& 1 S-N@AOS Pro -anal Prefect Servl � P sa eo¢eauit aur OSA fpr final Prid ,m .._.. qU- SHBCOardlicader .h@ ,�t,9aa Ia c4tdt,U IJ Am Bhse Pee3 ars based on we t,plal coot an who ASI r aria the wal ht aftha Stem to be shl ad I +.,ul Dai CJILevel 1 bias 78.80 •ta'..e ipla-y. MENEEMMM== LIJ sales of Pa seCat F arNG re airs a rssinlvssum of 1 year Prenkes See act OR U nodefirawroopoicaSup art. LLL orders for Pa erCut require JeessallatlanehaeEes. An ACDI Quote hadal mIndictment and pnataOath n Is coal far all orders. P.A7as Prm kenal tm ct 100 $1.00 3 200. 16 1-111-ROSE aSL .3tb §976 S1,79LD0 2,63 b ptL:tnstaBlattaa Sea eras II ori eeSLa7.A1! 131.gi8 73 1,7$1$-d4 4.3a PCR r5eoveF Rem InstaO fes asetvsr Px 272.E S27Z. I 2 DO 572.E Page 181 of 528 Contractors/Multifunction Products, Printers, Facsimile Equipment, c er ,Related S... PaW 1 of 2.- SkiQ tO Main Content Department of Management Services Florida Department of Management Services > Business Operations > State Purchasina > State Contracts and A reernen s > State TerM Contracts > Multifunction products Rrinters Fac.sirr H Equi rrrent Scanners. Related Software Supplies. and Services > Contractors Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services600-000-11-1 Contractors Contractor List Florida CBE Climate Recycled Utilizes Coverage Name Code Friendly Products Authorized Area Preferred Resellers Products Canon U.S.A., Inc. I A - Non- I Yes I No I Yes I Statewide Minority Konica Minolta Business A - Non- Not Solutions USA Inca Minority I Not Specified I Specified IYes IStatewide I Kyocera Document A - Non- Not Solutions America Inc. Minority INot Specified I Specified IYes IStatewide I Lexm irk International. I A - Non- I Not Specified I Not I Yes I Statewide I Inc. Minority Specified M . Inca Ifo merly PC I A - Non- I I Not Mail gy Inca Minority Not Specified Specified No Statewide Quaipath,Inc.' I Minority I Not Specified Not I Specified I No I Statewide I Sharp Electronics IA - No Statewide Non- I Not I I I -Corporation Minority Not Specified Specified Toshiba America A - Non- Not Business Solutions, Tnc. I Minority I Yes I Specified IYes I Statewide I United Solutions IA - Non- I Yes I No I No I Statewide Company Minority Xerox Corporation I Minority I Not Specified Not I Specified I No I Statewide I https://vvww.dms.myflorida.com/business_ operations/state purchasing/state contracts and P9AeQ/;&pf 528 6.E. CONSENTAGENDA 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Legal Expenses- June 2018- information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Outside counsel has not provided all July 2018 invoices to Risk Management and therefore the May June and July 2018 statements are included. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: Budgeted n/a ALTERNATIVES: none 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 Cerof General July 2018 D Attachment Goren Cherof Doody & Ezrol July 2018 1 nvoices D Attachment Summary Goren Cherof Risk J my 2018 D Attachment Goren Cherof Doody & Ezrol July 2018 Risk Litigation invoices Attachment Summary Outside Counsel Risk July 2018 Attachment Other counsel May June and July 2018 invoices Page 183 of 528 Goren, Cherof, Doody& Ezrol, P.A. -July 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 138.5 Hours 17,500.00 Labor-general 3,606.70 Red light camera 7,595.05 Special Fire Assessment 1,250.50 Unsecured Creditors of Tribune 0.00 Memorial Park Replat 0.00 Litigation 6,466.35 Model Block Right of Way 0.00 Christopher Parker et al Fed Class Action 348.50 Olen Properties Corp 0.00 HSBC Bank(Murray, Paul &Willie Mae) 0.00 Chandler, Nancy(RIC MAN) 0.00 adv. Secured Holdings, Inc. 186.90 FNMA vs Fils, Mikel Jean 0.00 Predelus, Love (HUD Complaint) 1,688.85 Reed, Gernard (Deutsche Bank Foreclosure) 0.00 Po Ying Sem,Trustee (Stanley, Edmund) 0.00 Purchase of Trop Breeze Est Utility System 369.00 Nationstar Mtg (Meeks, Richard &Takeeta) 0.00 Secured Holdings 0.00 Deutsche Bank Natl Bank(Perlowitz, David) 0.00 Town Square 25,378.31 Purchase of Parry Village Util Syst 266.50 US Bank Natl Assoc(Demore,Julie) 205.00 Wells Fargo Bank, NA(Lorme, Gilbert) 41.00 Bacardi, Falon (RLC Appeal) 250.20 Melo, Vinicius (Grievance) 697.00 Sale to Habitat for Humanity 205.00 Sale to CDC 205.00 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-July 2018 66,259.86 Page 184 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0005370 Boynton Beach FL 33425 STATEMENT NO: 21175 Attn: Lynn Swanson Special Fire Assessment HOURS 07/06/2018 MDC Review emails, status of assessment; telephone conference wit Lynn Swanson, prepare 2018 Preliminary Assessment Resolution. 1.00 07/10/2018 MDC Revise resolution, telephone conference with Tim Howard. 0.40 07/11/2018 JAC Review status and resolution. 0.80 07/12/2018 MDC Review emails on status of resolution, calculation of assessment rates; revise resolution, forward to City. 0.70 07/13/2018 MDC Review emails, review and revise assessment resolution. 0.40 07/18/2018 MDC Review draft mailed notice, telephone conference with T Howard, propose revisions to mailed notice; review emails on notice issues, rate inquiries. 0.60 JAC Wrap up annual rate setting issues - notices. 1.20 07/26/2018 JAC Review and prepare re: September action; research re: alternative assessment options. 1.00 FOR CURRENT SERVICES RENDERED 6.10 1,250.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.00 $205.00 $615.00 MICHAEL D. CIRULLO 3.10 205.00 635.50 TOTAL CURRENT WORK 1,250.50 BALANCE DUE $1,250.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 185 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603180 Boynton Beach FL 33425 STATEMENT NO: 21176 Attn: Lynn Swanson LABOR- General HOURS 07/05/2018 SHB Discuss BBPD Contract to provide school officers pursuant to MSD Act Requirement with JAC and JFK. 0.60 07/09/2018 SHB Prep for sexual harassment training sessions; discuss with Oldbury. 1.00 07/10/2018 SHB Training sessions at City Hall- Sexual Harassment. Discuss with Oldbury and Laverriere. Prince pre-d conference. Follow up with Oldbury re: Moreno appeal. Follow up with Oldbury re: Cain appeal. 6.60 07/16/2018 SHB Review arbitrator biographies and awards. Telephone conference with Keeler to strike panel and select arbitrator. 1.50 07/19/2018 SHB Telephone conference with Delosrios re: Teen academy and background check matters. Research. Discuss with JAC; follow up with Delosrios. 1.00 07/20/2018 SHB Sexual harassment presentation at new hire quarterly meeting. 3.00 07/23/2018 SHB Review tuition assistance policy provided by Oldbury; research. Follow up with Oldbury. 1.40 07/24/2018 SHB Review Prince file and IA documentation. Telephone conference with Laverriere and Oldbury. 1.00 07/27/2018 SHB Discuss police legal advisor matters with JAC; coordinate meeting with Chief Gregory. 0.60 SHB Follow up re: pending/outstanding matters. Telephone conference with Oldbury. 0.60 FOR CURRENT SERVICES RENDERED 17.30 3,546.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 17.30 $205.00 $3,546.50 Page 186 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-0603180 STATEMENT NO: 21176 LABOR- General Color photocopies 7.00 Photocopies 53.20 TOTAL EXPENSES THRU 07/31/2018 60.20 TOTAL CURRENT WORK 3,606.70 BALANCE DUE $3,606.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 187 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 21177 Attn: Lynn Swanson Red Light Cameras HOURS 07/03/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 4.00 07/05/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. Follow up re: status of pending trials. Prep for 7/18 trials. 8.40 07/06/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.60 07/11/2018 MDC Conference with SHB re: 7/18 hearings. 0.30 07/12/2018 SHB Prepare and file Notices of Supplemental Authority providing court with copy of Parker dismissal. Prepare and file Notices of Supplemental Authority providing court with copy of Jimenez denial. 1.60 SHB Prep for Damico trials; discuss with Laverriere, JAC, MDC. 0.60 07/13/2018 SHB Follow up with PD staff re: outstanding trial matters. Prepare and file Notices of Intent to Rely on Business Records for use at trial. 7.60 07/16/2018 SHB Prep for Damico trials; follow up with PD re: NOI matters. 0.60 07/17/2018 MDC Miscellaneous telephone conference, discuss status of 7/18 trials. 0.30 07/18/2018 MDC Conference with SHB re: status of hearings, settlement of UTCs. 0.40 SHB Attended red light camera trials at Delray courthouse. Discuss pending case matters with MDC, JAC, and Laverriere. Prepare and file motions for continuance for additional trials. 6.00 07/19/2018 SHB Telephone conference with Zeskind re: preemption arguments raised by Ticket Clinic. Discuss with MDC. Assemble Bacardi documents and transmit to Zeskind and Dietz for review. Follow up with Hollander and other defense counsel re: agreement for trial continuances. 1.60 MDC Telephone conference with attorneys in Parker, Jimenez about continuing issues/challenges. 0.40 07/23/2018 SHB Receive ad review various correspondence and orders re: continued trials. 0.60 07/24/2018 SHB Follow up with Jacquet re: pending trials and settlement matters. Page 188 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-0806020 STATEMENT NO: 21177 Red Light Cameras HOURS Follow up with Zeskind re: preemption matters. 0.60 07/25/2018 SHB Receive and review amended trial orders from Damico; transmit to PD for review. 0.30 FOR CURRENT SERVICES RENDERED 35.90 7,359.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.40 $205.00 $287.00 SHANA H. BRIDGEMAN 34.50 205.00 7,072.50 Photocopies 95.55 TOTAL EXPENSES THRU 07/31/2018 95.55 07/26/2018 Prestige Reporting Service- Invoice 18-48652 140.00 140.00 TOTAL ADVANCES THRU 07/31/2018 140.00 TOTAL CURRENT WORK 7,595.05 BALANCE DUE $7,595.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 189 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9001821 Boynton Beach FL 33425 STATEMENT NO: 21178 Attn: Lynn Swanson General Matters HOURS 07/02/2018 RAA Complete security awareness training course required for use of City's e-mail domain; Receive/review new lawsuit and briefly review Complaint and confer with Attorney DeCarlo re: same. 1.50 JAC Onsite; staff conference; file/ retention review; review pending procurement issues; review pending tort case matter; prepare for Commission Meeting; emails re: Quantum. 8.20 DNT Review wireless communication facility and antenna ordinances; meet with Mike Rumpf and Katie Hatcher re: wireless communication facility ordinance and other antenna issues; dictate and review emails with wireless industry attorneys re: ordinance revisions. 2.00 07/03/2018 JAC Onsite; conference re: park/comp issue; prepare for and attend Commission Meeting. 6.60 07/05/2018 SHB Discuss Lifeguard Training Agreement with RA. 0.10 RAA Discussion with Attorney DeCarlo on new lawsuit re: use of community pool; Consider and make additional changes to lifeguard training agreement with School Board of Palm beach County and Confer with Attorney Bridgeman re: same. 1.00 JAC Prepare for and attend meeting with Boynton Strong comp representatives; follow up preparation re: same; onsite office administration. 5.00 DNT Telephone call with Deborah Martahue and Janna Lhota re: wireless communication facility ordinance; review revised affidavit for cortina development purchase and sale. 1.80 07/06/2018 RAA Confer with Attorney Cherof re: deed restriction issue. 0.20 JAC Review pending assignments; June activity and discuss cases with TD; prepare for budget hearings. 4.20 DNT Review wireless communication setback and other proposals from industry attorneys. 0.90 07/09/2018 SHB Review MOU re: BBHS lifeguard training; follow up with RAA. Draft addendum to PCG agreement and transmit to Fire Department for review. 1.40 IS Review staff comments to FDEP Responses to City's report on landfill arsenic study; Review email complaint from citizen re: noise concern at PBA facility ahead of meeting with city staff and resident on 07/13 2.20 Page 190 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 21178 General Matters HOURS RAA Review and make additional changes to agreement with School Board of Palm Beach County re: lifeguard training; Confer with Attorney Bridgeman re: same; Draft correspondence to City Parks Director re: same. 0.80 DNT Dictate revisions to wireless communications ordinance provisions and review information provided by industry representatives. 2.50 JAC Agenda preparation; preparation re: textile contract; review assignments; review tort defense budget issue. 3.80 07/10/2018 DNT Dictate and revise temporary use agreement for model block contractor. 1.00 SHB Discuss chronic nuisance matters with Mark Woods; revise agreement and follow up with Woods. 0.80 07/11/2018 SHB Receive and review contract revisions from Williams Scotsman; follow up with Mack. 0.60 JAC Agenda and budget preparation; review with Assistant City Attorneys; review training issue with SB; review textile contract revisions. 2.00 07/12/2018 RAA Review deed with restriction on city's use of property; Research and analyze case law on public-use deed restrictions; Consider and evaluate city's options; Confer with Attorney Cherof re: same. 4.90 SHB Various correspondence and Telephone conference with Williams Scotsman and City staff re: library trailer agreement. Review, revise, and transmit agreement to parties for review. 2.50 SHB Receive, review, and revise CDBG legal ad; follow up with City. 0.20 07/13/2018 IS Attend meeting on PBA noise issue; Research PAPA and Palm Beach County Official Records for deed and lease associated with PBA property; Attend meeting on landfill arsenic issue 4.40 SHB Attended trial on final RPO. Transmit signed order to client. 2.00 07/16/2018 DNT Dictate and review emails re: wireless communication facilities and HAM radio ordinance provisions. 0.40 SHB Various correspondence with Woods re: Meder and rental property matters. Revise addendum to PCG agreement and transmit to City for review. 1.50 JAC Onsite office administration; prepare for and attend budget workshop. 8.00 07/17/2018 DNT Dictate and review emails re: wireless communication facility ordinance and HAM radio ordinance revisions. 0.40 JAC Onsite - attend budget workshop; prepare for and attend Commission Meeting; review Communication facility docs; finalize Consultants Agreements. 10.50 07/18/2018 RAA Review research and analysis on deed restriction issue; Confer with Attorney Cherof re: opinion on same. 0.50 JAC Meeting and budget follow up; conference with RA re: deed restriction - enforcement options. 2.70 SHB Various correspondence re: Fire/PCG agreement. 0.60 07/19/2018 SHB Police: receive and review various correspondence re: teen police academy; discuss with JAC. Follow up with Delosrios. 1.00 Page 191 of 528 Page: 3 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 21178 General Matters HOURS IS Review and markup Part II, Chapter 15 sections of City Code of Ordinances - Begin drafting revised Ordinance pursuant to the direction of City Manager to include certain language and harmonize 1.10 JAC Review and research re: PBSD security services agreement and liability; office administration issues and assignments review. 3.60 JFK Conference with James Cherof regarding SROs. 0.30 SHB Follow up with City clerk re: RLC PRR matters. 0.30 07/20/2018 JAC Review pending Assistant City Attorney assignments and pending issues; call and doc review- revisions re: PBSB Security Agreement; outline for Board of Adjustment organizational meeting; review employment letter- Rumpf and Breese. 5.20 SHB Review additional contract/piggyback documentation from PCG; follow up with Camellia Falcon. Review and sign items approved at Commission meeting. Review and approve bid documents. 1.50 07/23/2018 JAC Review agenda items. 0.50 SHB Telephone conference with Camellia Falcon re: PCG contract matters. Various correspondence with City. Discuss code lien release matters with Swanson. 1.00 07/24/2018 JAC Onsite office administration; prepare for and attend P&D board; review selection issue. 5.50 SHB Various correspondence re: Homing Inn/chronic nuisance matters. Follow up re: Selectron matters. 0.60 07/25/2018 DNT Meet with Mike Rumpf and Katie Hatcher re: wireless communication facility and HAM radio ordinance revisions; review statutory provisions related to WCF's and HAM radio. 1.40 JAC Call with Chief G. re: school security agreement, revise same; review compensation plan issue; review agenda items; review procurement issues. 4.00 07/26/2018 SHB Discuss various pending matters with Swanson and VA. Various correspondence re: Fire/PCG agreement. Receive and review termination letter and piggyback agreement documents. Follow up with Procurement re: processing. Follow up with Swanson re: PRR matters. Correspondence with Pyle re: PRR matters. 1.80 RAA Draft indemnity clause for general use in contracts and review applicable case law and statutes for compliance. 1.50 JAC Case assignment review; confer with RA re: indemnification issue; confer with SB re: pending issues- labor agenda review. 2.20 07/27/2018 IS Telephone conference call with staff re: landfill response letter sent to FDEP 0.30 RAA Review F.S. 725.06 re: construction contracts indemnification; Add additional language to indemnity clause; Confer with Attorney Cherof re: same; Review additional case law re: indemnity. 0.50 DNT Review request for Purchase and Sale Agreement with Habitat for Humanity and faith based CDC for model block properties. 0.50 Page 192 of 528 Page: 4 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 21178 General Matters HOURS SHB Receive and review additional documents re: PCG agreement; follow up with PCG and City staff. Receive and review PRR inquiry from Matson; discuss with JAC. Various correspondence with Matson. 2.50 07/30/2018 IS Complete rewrite of section Part II, Article I, Section 15 of the BB Code of Ordinances per direction from CM; Sent to JAC ahead of meeting to discuss (time tbd) before sending back to staff for comments/review; Begin review of Monarca Plan in response to email from city staff; Teleconference with city staff re: Monarca 2.50 BJS Review fire inspection agreements and attached correspondence, follow up with JAC, draft update correspondence 1.00 DNT Review inquiry re: abandonment of right of way and transfer of ownership to adjacent property owners within plat. 0.40 SHB Review towing contracts; discuss with Tim Howard. 0.60 JAC Onsite; office and file administration; review procurement issue and confer with IT re: law bidder language. 8.00 07/31/2018 IS Research how City can force residents of new construction development to be responsible for the maintenance of not only the r/w adjacent to the development but the entirety thereof; Teleconference with staff regarding new development and right of way 2.20 DNT Revise wireless communication facility ordinance. 0.80 JAC Agenda and agreement review. 2.50 FOR CURRENT SERVICES RENDERED 138.50 17,500.00 TOTAL CURRENT WORK 17,500.00 BALANCE DUE $17,500.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 193 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 21179 Attn: Lynn Swanson Litigation Miscellaneous HOURS 07/02/2018 BJS Telephone call with Scott Harris and draft update correspondence to JAC re: forfeitures 0.50 07/03/2018 BJS Review reports and prepare Motion for Probable Cause In re forfeiture of $11,118.00 from Rohan Roy Wauchope 2.50 TAD Receipt and review of correspondence re: meeting and claim information. Prepare correspondence to City re: same. Review information on claims and meet with City re: status of claims and settlements and trials. 4.80 07/05/2018 BJS Finalize and present Motion for Probable Cause at the Palm Beach County Courthouse with all applicable follow up. 4.50 07/06/2018 TAD Meet and confer with IVR and RAA re: pending claims and actions to be taken. Review information on claim status for meeting with City. 1.00 07/09/2018 BJS Review new forfeiture and draft follow up correspondence 0.30 TAD Receipt and review of correspondence re: release. Review proposed release and revise same. Prepare correspondence to City re: release and receipt of response to same. Prepare correspondence to adjuster re: revisions. Receipt of incident report (Barrios) 1.50 07/12/2018 BJS Review requests for Adversarial Preliminary Hearings and draft follow up correspondence 0.50 07/16/2018 RAA Confer with Attorney Cherof re: litigation update. 0.20 07/18/2018 TAD Attend meeting with City re: claims and status. Receipt of correspondence and information on property claim. Receipt of correspondence re: sewage release status and response to same. Receipt of correspondence from adjuster re: status of investigation and settlement of sewage claims. 3.20 BJS Review forfeiture correspondence and draft follow up re: Aikens, Joseph, draft follow up correspondence and review request to return firearm re: Willie Byrd 1.20 07/19/2018 TAD Receipt and review of SIR and pursuit information. Receipt of correspondence re: preservation request (McCarthy). 0.60 BJS Review and revise draft Order re: Return of Firearm with follow up with Dan Klein 0.60 Page 194 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9904950 STATEMENT NO: 21179 Litigation Miscellaneous HOURS 07/20/2018 TAD Meet with IVR and RAA re: claims handling, reporting, trial and status of claims. 1.30 BJS Draft transmittal correspondence re: Order/Return of Firearm 0.30 07/23/2018 TAD Receipt and review of correspondence re: Astro Auto damage claims and negotiations. 0.30 BJS Review forfeiture re: 18-037383 with follow up legal research, draft transmittal correspondence to Scott Harris 0.50 07/25/2018 TAD Meet and confer with Clty and outside counsel re: issues involved in deposition of Clty representatives. Confer with City re:claim status and information needed. 3.80 BJS Draft follow up correspondence to Scott Harris re: pending matters 0.30 07/26/2018 BJS Draft follow up correspondence re: return of property/forfeitures 0.40 07/27/2018 TAD Confer with RAA and IVR re: litigation matters and processes. Review information re: trial changes. 1.20 07/30/2018 BJS Review new forfeiture claims and draft correspondence to Scott Harris 0.60 TAD Receipt and review of case information and prepare for meeting with City re: claims and trial issues. 1.30 FOR CURRENT SERVICES RENDERED 31.40 6,437.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.20 $205.00 $41.00 BRIAN J. SHERMAN 12.20 205.00 2,501.00 TRACEY A. DECARLO 19.00 205.00 3,895.00 Color photocopies 8.40 Photocopies 19.95 TOTAL EXPENSES THRU 07/31/2018 28.35 07/05/2018 Parking - BJS 1.00 Parking - 1.00 TOTAL ADVANCES THRU 07/31/2018 1.00 TOTAL CURRENT WORK 6,466.35 BALANCE DUE $6,466.35 Page 195 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905099 Boynton Beach FL 33425 STATEMENT NO: 21180 Attn: Lynn Swanson adv. Christopher Parker, et al., Federal Class Action HOURS 07/11/2018 MDC Review notice of dismissal, telephone conference with city, conference with SHB, JAC. 0.40 SHB Receive and review Order of Dismissal. Discuss with MDC and Stearns. Telephone conference with Laverriere. 1.00 07/12/2018 SHB Correspondence to Commission, City Manager, and PD enclosing copies of Parker dismissal. 0.30 FOR CURRENT SERVICES RENDERED 1.70 348.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.40 $205.00 $82.00 SHANA H. BRIDGEMAN 1.30 205.00 266.50 TOTAL CURRENT WORK 348.50 BALANCE DUE $348.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 196 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905206 Boynton Beach FL 33425 STATEMENT NO: 21181 Attn: Lynn Swanson adv. Secured Holdings, Inc. HOURS 07/09/2018 JAC Review and discuss settlement option and timing with LL. 0.70 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.70 $205.00 $143.50 Photocopies 43.40 TOTAL EXPENSES THRU 07/31/2018 43.40 TOTAL CURRENT WORK 186.90 BALANCE DUE $186.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 197 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905247 Boynton Beach FL 33425 STATEMENT NO: 21182 Attn: Lynn Swanson Purchase of Tropical Breeze Estates Utility System HOURS 07/13/2018 DNT Dictate and revise agreement for purchase of water distribution system; telephone call with Michael Low re: purchase agreement. 1.20 07/19/2018 DNT Telephone call with Allison Hertz re: revisions to agreement and need for easement. 0.30 07/20/2018 DNT Review water service agreement revisions re: providing easement to city. 0.30 FOR CURRENT SERVICES RENDERED 1.80 369.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 1.80 $205.00 $369.00 TOTAL CURRENT WORK 369.00 BALANCE DUE $369.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 198 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905248 Boynton Beach FL 33425 STATEMENT NO: 21183 Attn: Lynn Swanson Purchase of Parry Village Utility System HOURS 07/18/2018 DNT Telephone call with Michael Boutzoukas re: asset purchase agreement. 0.80 07/25/2018 DNT Telephone call with Michael Low re: status of asset purchase agreement. 0.50 FOR CURRENT SERVICES RENDERED 1.30 266.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 1.30 $205.00 $266.50 TOTAL CURRENT WORK 266.50 BALANCE DUE $266.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 199 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905263 Boynton Beach FL 33425 STATEMENT NO: 21184 Attn: Lynn Swanson Town Square Development HOURS 07/02/2018 SMS review of final docs including BPA, POS, and DA's; review BPA for updated comments on City Attorney Opinion; phone conference regarding Questionnaire and remaining outstanding issues; review of changes to the POS; final review of facilities lease, Indenture, and development agreement; review changes made to HJ High DBIA 530's; call with CFP and bond counsel regarding changes to HJ High DBIA 4.50 RLL Attend conference call with DJD, client and bond counsel to discuss outstanding items. 0.50 DJD Review documents; participate in confrence call; address H.J High Contract revisions. 4.20 JAC Review and evaluate status; call to Masonic Lodge attorney. 1.20 07/03/2018 SMS reviewing DBIAs for markup language provided by HJ High and GMP exhibit; reviewed latest executed DBIA 530 to confirm changes 1.20 DJD Review POS; address title issues. 1.40 07/06/2018 RLL Review revised legal descriptions from surveyor against legal descriptions on title commitment; contact underwriter regarding change in legal descriptions and possible deletion of title exceptions. 1.50 DJD Address status of title. 1.30 07/09/2018 SMS review of Exhibit B of HJ High Contract rates and schedules; review of drop box for all completed docs 0.30 RLL Review and organize updated documents from bond counsel; review and organize fully-executed DBIA contracts; review and finalize legal descriptions of parcels 5, 6, 8 and police station properties and request revisions from surveyor to legal descriptions for parcels 5 and 6. 2.00 DJD Review documents; review executed DBIA 530 contracts. 1.80 07/10/2018 RLL Confirm final forms of legal description with surveyor and circulate to all parties; telephone call from title examiner with question on revised title commitment. 0.70 DJD Address status of exhibits. 1.20 07/11/2018 RLL Attend telephone conference with DJD and city officials to discuss outstanding items. 0.40 DJD Participate in conference call; review documents. 1.30 JAC Conference with DJD re: documents and certification and free masons; Page 200 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 21184 Town Square Development HOURS review document revision. 1.20 07/12/2018 JAC Call with Mayor re: freemason meeting; review deed restriction research. 0.70 07/13/2018 RLL Review revised and updated title commitment on property; review legal descriptions on revised title commitment against legal descriptions on surveys; transmittal of revised title commitment to bond counsel. 0.90 SMS review of emails regarding City certificate and amendment to the Phase II services agreement; review of markups of closing certificates 0.40 DJD Draft correspondence to Stephen Gladstone; review revised title commitment; review Dan Nelson comments on Closing Certificate. 2.10 07/16/2018 DJD Review correspondence from Allison Lewis re: title issues; telephone conference with Kate Stangle. 1.80 07/17/2018 SMS call with counsel for CFP regarding amendment to the phase II agreement; drafting of amendment to phase 2 1.60 RLL Meet with DJD to review title work; provide updated title commitment to Allison Lewis, Esq.; contact underwriter regarding equivalent Florida endorsements to those requested by bond counsel; work to organize updated bond documents forwarded by bond counsel. 2.30 DJD Address status of title; telephone conference with Kate Stangle; telephone conference with Jim Cherof; telephone conference with City Manager; telephone conference with Dan Nelson; telephone conference with Nick Ward; review emails. 3.60 JAC Follow up on freemason issue; conference with LL, TH, Mayor re: Certification doc. 0.80 07/18/2018 RLL Attend weekly conference call with DJD and city officials; work with Colin Groff and Andrew Mack of TIFF deed for road reservation; prepare application to request release of road right-of-way reservation; prepare letter to City Manager requesting signature on application for release of road right-of-way; prepare Release of Unity of Title; work with law clerk to organize latest versions of bond documents in preparation for bond closing. 3.00 SMS drafing amendment to phase II; emails to assistant city manager regarding first amendment to phase II; review DBIA for highschool 1.80 LC Assisted in organizing files, updating new file folders, printing out the newest and most updated copies of documents and organized into correct folder, and compiled a list of new documents that need to be added to the files 2.00 DJD Participate in conference call; telephone conference with Kate Stangle; address title related matters. 2.40 JAC Review pre-closing issues with DJD. 0.40 07/19/2018 SMS review of email from City and Mark Hefferin regarding amendment and DBIA contracts; review email regarding amendment language to the phase 2; review of Kate Stangle documents- BPA and closing certificates 0.60 LC Assisted in organizing files, printing out the newest and most updated versions of documents; Organized the newest documents into their respective files and created new folders for new and additional documents 1.30 RLL Further work on documents to clear title issues; work to organize bond documents; work to provide copies of documents requested by Lynn Page 201 of 528 Page: 3 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 21184 Town Square Development HOURS Swanson. 2.00 DJD Address release of road reservation; continuation of title related issues; review documents and emails. 2.90 JAC Review revised doc; conference with DJD re: status and calendar for July - Aug. 1.20 07/20/2018 SMS review updated BPA and closing certificates; review phase 2 services agreement for amendment and email to assistant city manager; review of email from assistant city manager 0.80 RLL Further work to organize revised bond documents from bond counsel; further work to resolve title issues. 2.00 DJD Review emails; review executed Bond Purchase Agreement. 0.80 JAC Review freemason email and follow up review; review BP agreement and Certificate of City - misc. research re:: Certificate issue. 2.00 07/22/2018 SMS Review of Bond Counsel emails regarding updated agreements and exhibits 0.20 DJD Review of revised documents. 1.50 07/23/2018 RLL Review and organize for DJD's review several revised documents from bond counsel; prepare transmittal of original documents requested by Lynn Swanson; further work to finalize Release of Declaration of Unity of Title and obtain approval of same from underwriter; work with client to sign application to Department of Transportation to have road right of way released. 2.20 JAC Review revised docs and email KS re: same; conference with DJD. 1.20 DJD Review revised documents. 1.30 07/24/2018 RLL Meet with DJD to review several revised documents from bond counsel; revise document checklist; attend conference call with DJD, JAC and city officials to discuss amending the phase II agreement. 2.00 LC Created an organized list identifying documents city officials need to sign; Identified what documents has re: already been signed including who and when. 2.20 DJD Telephone conference with City Staff; review phase II service agreement; review certificate; review emails; telephone conference with Jeff Bahnsen. 4.20 JAC Confrence call re: status; confer with LL. 1.00 07/25/2018 RLL Attend weekly telephone conference call with DJD and City officials to discuss outstanding items; work to organize signed DBIA contracts; prepare transmittal of application for release road reservation to the Department of Transportation. 1.20 SMS review of assistant city manager draft of the changes to the Phase 2 services agreement; drafting amendment to the phase 2 agreement; call with counsel for E21- regarding comments on the amendment; revising amendment language; call with Attorney for CFP; review of DBIA contracts for High School; review City Certificate; email to the city regarding amendment to phase 2 language 4.60 DJD Address amendment to Phase II Service Agreement; telephone conference with City Manager and Staff;telephone conference with Dan Nelson; review revised document. 4.30 Page 202 of 528 Page: 4 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 21184 Town Square Development HOURS 07/26/2018 SMS review comments on the amendment to phase II from CFP counsel and E21- counsel; emails with counsel from e2l and CFP regarding amendment 1.60 RLL Review revised documents from bond counsel; meet with DJD to review finalized hard copies received from bond counsel for City to sign; review legal descriptions attached to ground leases, etc., for accuracy. 2.00 DJD Review documents; address Phase II Service Agreement Amendment. 3.60 JAC Review revised documents and Phase 2 evolution of scope. 0.70 07/27/2018 RLL Review permitted encumbrances on documents from bond counsel; contact surveyors for police station property and for City Hall property to request corrections of typos in legal descriptions; attend conference call with DJD and bond counsel to discuss open items; prepare revised legal descriptions to bond counsel to attach to documents. 2.00 SMS call with Broker for the extra library space lease; revisions and additions to the amendment to phase 2 agreement; review of phase 2 for termination issues; review of sublease for library book storage space; call with counsel for e2L 2.40 DJD Address title issues; telephone conference with Kate Stangle, Telephone conference with City Manager; exchange of emails, review sublease. 4.30 JAC Review Phase 2 issues; review OHS contract issues; review bond and related documents; confer with DJD. 3.20 07/28/2018 DJD Review status of Phase II Service Agreement ; Receipt of email. 0.80 07/29/2018 JAC Research and review all documents re: modification of Phase 2 and City/E21-dual code DB contracts; review security issue proposed; review JB draft amendment. 3.20 07/30/2018 SMS review of E21- proposal for surety issue on amendment; review of sublease; call with City regarding outstanding issues; call with counsel for E21- regarding 2Lregarding amendment to the phase 2; revisions to the amendment of phase 2; call with counsel for starticon (highschool) regarding surety issues; review of DBIAs with straticon for highschool; review of revisions to the DBIA contracts; review of latest comments on the amendment to phase 2 from E21- 4.80 RLL Attend conference call with DJD, JAC and city officials to discuss amendment to phase II agreement and DBIA contracts; review title exceptions from title commitment against title notes on surveys for all four parcels; review revised surveys for parcel 5 and the police station; telephone call to title examiner regarding deletion of certain title requirements; work to obtain contact information in order to obtain estoppel information from property owner's association on police station property. 2.70 DJD Address Straticon Contract issues, review opinion; Telephone call with City Staff; telephone call with Jeff Bahnsen, Esq; Telephone call with Counsel for Straticon address title issues. 4.60 07/31/2018 SMS drafting and revising the DBIA 530 for highschool construction; revising sublease for the library space; emails with opposing counsels regarding dBIA 530 agreements and comments; emails with E21- regarding revisions to the DBIA; review of email of lease terms for sublease of library property 3.10 RLL Prepare response letter to Best& Flanagan regarding title issues to be resolved; review revised survey on police station property; further work to Page 203 of 528 Page: 5 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 21184 Town Square Development HOURS contact property owner's association regarding estoppel information needed on police station property; work to organize files for DJD; begin review of documents for City's signature at pre-closing to ensure all exhibits attached. 3.00 JAC Additional review of Phase 2 amendment; confer with DJD and SS. 0.70 DJD Address Phase II Service Agreement; address release of reverter and title issues. 3.90 FOR CURRENT SERVICES RENDERED 134.60 24,501.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 17.50 $205.00 $3,587.50 D.J. DOODY 53.30 205.00 10,926.50 SEAN M. SWARTZ 27.90 205.00 5,719.50 Law Clerk 5.50 85.00 467.50 RACHEL L LEACH 30.40 125.00 3,800.00 Photocopies 849.45 TOTAL EXPENSES THRU 07/31/2018 849.45 06/22/2018 Federal Express- Invoice 6-253-18732 13.93 06/27/2018 Federal Express- Invoice 6-253-18732 13.93 27.86 TOTAL ADVANCES THRU 07/31/2018 27.86 TOTAL CURRENT WORK 25,378.31 BALANCE DUE $25,378.31 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 204 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905275 Boynton Beach FL 33425 STATEMENT NO: 21185 Attn: Lynn Swanson adv. Predelus, Love (HUD Complaint) HOURS 07/05/2018 SHB Telephone conference with City Manager re: conciliation agreement. Follow up with HUD. 0.80 JAC Follow up on settlement. 0.70 SHB Telephone conference with City Manager re: conciliation agreement. Follow up with HUD. 0.80 07/09/2018 SHB Follow up with Lenson re: additional agreement provisions. 0.20 SHB Follow up with Lenson re: additional agreement provisions. 0.20 07/12/2018 JAC Review redraft and call with SB; misc. preparation re: next conference on moratorium language. 0.80 07/20/2018 JAC Prepare for and call with HUD investigator/mediator; follow up review; review status Summer Rain. 1.40 SHB Review file; discuss with JAC. Telephone conference with JAC and Lenson re: settlement agreement. 1.00 SHB Review file; discuss with JAC. Telephone conference with JAC and Lenson re: settlement agreement. 1.00 07/26/2018 SHB Follow up with Lenson re: settlement matters. 0.10 SHB Follow up with Lenson re: settlement matters. 0.10 07/27/2018 SHB Telephone conference with Lenson re: settlement agreement matters; discuss with JAC. 0.50 SHB Telephone conference with Lenson re: settlement agreement matters; discuss with JAC. 0.50 FOR CURRENT SERVICES RENDERED 8.10 1,660.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.90 $205.00 $594.50 SHANA H. BRIDGEMAN 5.20 205.00 1,066.00 Photocopies 28.35 Page 205 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905275 STATEMENT NO: 21185 adv. Predelus, Love (HUD Complaint) TOTAL EXPENSES THRU 07/31/2018 28.35 TOTAL CURRENT WORK 1,688.85 BALANCE DUE $1,688.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 206 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905314 Boynton Beach FL 33425 STATEMENT NO: 21186 Attn: Lynn Swanson adv. US Bank Natl Assoc, et. al. (Demore, Julie Ann, et. al.) HOURS 07/05/2018 SHB Telephone conference with City Manager re: case status and settlement matters. Follow up with Woods re: status of property. 0.60 07/31/2018 SHB Various correspondence with opposing counsel re: settlement matters. Review stipulation. 0.40 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 207 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905318 Boynton Beach FL 33425 STATEMENT NO: 21187 Attn: Lynn Swanson adv. Wells Fargo Bank, NA (Lorme, Gilbert, et. al) HOURS 07/18/2018 SHB Receive and review trial notice witness list, exhibit list; review file. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 208 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905321 Boynton Beach FL 33425 STATEMENT NO: 21188 Attn: Lynn Swanson adv. Bacardi, Falon (RLC Appeal) HOURS 07/12/2018 SHB Prepare and file Notices of Supplemental Authority providing court with copy of Parker dismissal. 0.30 SHB Prepare and file Notice of Supplemental Authority providing court with copy of Parker dismissal. Prepare and file Notice of Supplemental Authority providing court with copy of Jimenez denial. 0.60 07/23/2018 SHB Follow up re: status of brief/pleading in response to Order to Show Cause. 0.30 FOR CURRENT SERVICES RENDERED 1.20 246.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.20 $205.00 $246.00 Photocopies 4.20 TOTAL EXPENSES THRU 07/31/2018 4.20 TOTAL CURRENT WORK 250.20 BALANCE DUE $250.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 209 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905327 Boynton Beach FL 33425 STATEMENT NO: 21189 Attn: Lynn Swanson Melo, Vinicius (Grievance) HOURS 07/18/2018 SHB Follow up with arbitrator and Union re: scheduling matters. 0.30 07/23/2018 SHB Arbitration prep.Various correspondence with City and Arbitrator re: witnesses and scheduling matters. 1.00 07/24/2018 SHB Arbitration prep. Follow up with staff and Galindez re: hearing matters. Prep witness list. 1.50 07/25/2018 SHB Various correspondence with City re:witness availability; follow up with arbitrator and union re: scheduling matters. 0.60 FOR CURRENT SERVICES RENDERED 3.40 697.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 3.40 $205.00 $697.00 TOTAL CURRENT WORK 697.00 BALANCE DUE $697.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 210 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905341 Boynton Beach FL 33425 STATEMENT NO: 21190 Attn: Lynn Swanson Sale to Habitat for Humanity of SPB County, Inc. (Lot 1, 2, 6 Lanehart's Subdivision, 116 & 120 NW 11 Ave) HOURS 07/31/2018 DNT Dictate and revise agreement for purchase and sale of real property with Habitat for Humanity of South Palm Beach County. 1.00 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 211 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905342 Boynton Beach FL 33425 STATEMENT NO: 21191 Attn: Lynn Swanson Sale to Boynton Beach Faith-Based Community Development Corporation (Lot 3, 4 and 5, 124 NW 11 Ave, and 128 NW 11 Ave) HOURS 07/31/2018 DNT Dictate and revise agreement for purchase and sale of real property with Boynton Beach faith based CDC. 1.00 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 212 of 528 Goren, Cherof, Doody& Ezrol, P.A. -July 2018 Risk Cases Jean-Baptist, Kevens 2,744.60 Kimsey, Erin (MVA) 82.00 Ford, Sharron(Negligence arrest) 0.00 Andrews, Spencer, v Haugh, Vincent (BBPD Emp) 0.00 Mina, German (Slip & Fall) 0.00 Gregory, Mola (Slip & Fall) 3,679.10 Oldham, Dana (fall) 0.00 Robinson, Bennie(False Arrest) 4,454.20 Galindez, Dennis(Slip& Fall) 9,539.55 Caliskan, Hasan(MVA) 0.00 Jenkins, Gail & Leon(Demolition) 518.25 Venegas,Jesusa 4,230.70 Blutcher, Pamela (MVA) 4,745.40 Goldman, Barry(Bike/grate accident) 0.00 Finz, Stephanie(Slip & Fall) 1,417.55 Occius, Facilia (P/NG Will-Marc Eugene) 0.00 Broberg, Leif Complaint(2015) 0.00 Estime, Robens (Police Deadly Force) 0.00 Roblin, Aaron (Police) 991.50 Caliendo, Giovanni 82.00 Coupet, Kenson (parent of child injured) 5,080.94 Bolt, Barbara Dilger(MVA) 2,908.05 Ryan, Rona Id(whistleblower) 2,094.30 Readon,Jayden, Estate of(police chase) 2,959.95 Garber M.D., Harvey(excessive force) 14,578.15 Meyer,Tamara (MVA) 779.70 Ortiz,Jade (Personal injury) 246.00 Luchey, Andrew (Demolition) 143.50 Gesner, Ednar(MVA Police) 41.00 Harris,Justin (M/Atty Fees-Fed Suit) 164.00 Floering, David & Barbara 0.00 Russel Hugh Cooper 5,788.50 Wright, Bernard (Discrimination) 2,954.10 Daniels,James (Fire Dept Incident) 61.50 Cromarty, Corina (Ambulance accident) 246.00 TOTAL Goren,Cherof Risk Legal Costs 70,530.54 Page 213 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905022 Boynton Beach FL 33425 STATEMENT NO: 21192 Attn: Lynn Swanson adv. Jean-Baptiste, Kevens Billing Category 18-RLO Claim#001470-000352-PP-01 HOURS 07/02/2018 TAD Receipt and review of correspondence re: status report. Review proposed status report and revise. Prepare correspondence re: revisions to report. Receipt of proposed order and review same. 0.90 IR Receipt and review of filings by Germaine Jones and memoranda of law. 0.40 07/03/2018 IR Receipt, review and preparation of email regarding the Court Ordered Joint Scheduling Order, due this date; reviewed pleadings index and prepared tickler to follow up July 5, 2018; review of proposed edits from late June 2018 amongst all counsel, in an effort to be in compliance with the agreed upon continuation date deadline and to prepared Trial Order Outline for City of Boynton Beach litigation team. 0.90 TAD Receipt and review of correspondence from officer counsel re: discovery and status plan. Receipt of correspondence from Plaintiff counsel re: changes to plan. Confer with Plaintiff counsel re: plan and report. Confer with officer counsel re: changes to plan. 1.60 07/06/2018 TAD Receipt and review of standing order on discovery. Receipt and review of order setting trial. Receipt of order setting status conference. 0.80 07/09/2018 TAD Receipt and review of correspondence re: mediation. Prepare correspondence to City re: same. Receipt of information from City and prepare correspondence to counsel re: mediation and selection of mediator. 0.50 07/10/2018 IR Initial review and preparation of Initial Disclosures Outline of cut-off and trial lead up information, pursuant to DE 13, Order Setting trial and Pre-Trial Schedule, Requiring Mediation and Referring Certain Matters to Magistrate Judge, dated July 5, 2018 and DE 15, Standing Discovery Order for Magistrate Judge Bruce Reinhart, entered 7.6.18; reviewed file and updated trial witness tracking chart. 1.80 07/13/2018 RAA Telephone conference call with officers' counsel re: Rule 26 disclosures; Confer with Attorney DeCarlo re: same. 0.30 TAD Receipt and review of correspondence re: mediation. Receipt of correspondence re: mediator issues. Prepare response to same. 0.30 Page 214 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905022 STATEMENT NO: 21192 adv. Jean-Baptiste, Kevens HOURS 07/16/2018 TAD Receipt and review of correspondence re: initial disclosures. Prepare correspondence to officer counsel re: disclosures. Telephone conference with officer counsel re: mediation and disclosure issues. Revise disclosures. Receipt of correspondence from plaintiff counsel re: mediator issues. Confer with City re: mediation. 1.80 07/17/2018 RAA Telephone conference call with co-defense counsel re: Rule 26 disclosures. 0.20 07/20/2018 TAD Receipt and review of correspondence re: mediation and prepare response to same. Receipt of correspondence from plaintiff counsel re: mediation, discovery and records requested. Prepare response to same. Prepare correspondence to City re: information required. 0.80 07/24/2018 TAD Receipt of correspondence from plaintiff re: trial setting and prepare response to same. Receipt of correspondence re: mediation and prepare response to same. 0.40 07/25/2018 IR File management and revisions to outline of trial cut off dates, etc. pursuant to the Court Orders entered so far; additional updates made to the City of Boynton Beach's Trial Witness Tracking Chart. 0.90 07/26/2018 IR Reviewed all trial orders, including outlines prepared by counsel for the City of Boynton Beach; additional preparation of two week ticklers, following the deadlines as noted in the outline; prepared emails to touch base with the litigation team in an effort to discuss strategy. 0.40 07/27/2018 IR Continuation to prepare case for discovery through the litigation schedule, provided by the Court and agreed upon by the parties; review of the Assistant State Attorneys'June 18, 2014 report as to the allegations surrounding Germaine Jones and the incident in question; conferences regarding same at litigation team meeting this date and whether any depositions were taken at the time and/or ultimately preserved; updated Trial Witness Tracking chart with information gleaned from these 2014 reports and Internal Investigations conducted by the Boynton Beach Police Department. 3.60 TAD Receipt and review of correspondence re: mediation. Receipt of correspondence from mediator and notice of mediation. Prepare correspondence to City re: same. 0.50 07/30/2018 TAD Receipt and review of correspondence re: trial setting and discovery. Telephone conference with officer counsel re: experts and discovery. 0.40 FOR CURRENT SERVICES RENDERED 16.50 2,742.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.50 $205.00 $102.50 INGRID RIERA 8.00 125.00 1,000.00 TRACEY A. DECARLO 8.00 205.00 1,640.00 Page 215 of 528 Page: 3 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905022 STATEMENT NO: 21192 adv. Jean-Baptiste, Kevens Photocopies 2.10 TOTAL EXPENSES THRU 07/31/2018 2.10 TOTAL CURRENT WORK 2,744.60 BALANCE DUE $2,744.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 216 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905064 Boynton Beach FL 33425 STATEMENT NO: 21193 Attn: Lynn Swanson adv. Kimsey, Erin (MVA) Billing Category 18-RLO Claim#001470-000228-AB-01 HOURS 07/24/2018 TAD Receipt and review of correspondence re: stipulation and settlement. Receipt of stipulation. 0.30 07/31/2018 TAD Receipt and review of order of dismissal. 0.10 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 217 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 21194 Attn: Lynn Swanson adv. Gregory, Mola (slip&fall) Billing Category: 18-RLO Claim#001470-000341-GB-01 HOURS 07/05/2018 IR Continuation of trial preparation, in advance of the four [4] week docket, commencing October 15, 201 through November 9, 2018; conferences with TAD and RAA regarding strategy, additional projects, status of pending IRS records, recently requested, and discussions relevant potential prior employers and medical providers, expected to be subpoenaed for trial; prepared emails; reviewed Trial Court Order, entered on June 13, 2018 and re-revised the court ordered deadlines in the litigation team's outline; prepared accompanying ticklers on each of the listed deadlines. 2.20 07/09/2018 IR Continuation of review and cross-referenced records received via subpoena duces tecum, as disclosure for use trial exhibits; reviewed online court docket, to ensure internal pleadings follow same [relevant to discovery and response]; updates prepared on Trial Witness Tracking chart. 2.80 07/10/2018 IR Preparation of summaries of records, received in response to multiple subpoenas duces tecum, for medical records, radiology films and reports, and employment records from various entities; continuation of updates to Trial Witness Tracking charts. 0.80 07/11/2018 TAD Receipt and review of correspondence re: Tordilla deposition. Prepare response to same. Prepare notice of deposition and subpoena for Tordilla deposition. 0.60 07/12/2018 IR Online discovery searches for previous employers of Plaintiff and other information that may lead to tracking of individuals and entities who did not respond to the City of Boynton Beach's subpoenas duces tecum relevant to medical records and employment records, in an effort to substantiate Plaintiffs wage loss claims and alleged permanent physical injuries losses. 2.10 07/13/2018 TAD Receipt and review of correspondence from Calvenase re: deposition issues. Receipt of correspondence from plaintiff re: status of discovery and issues. 0.20 IR Online searches for Jack Schrold; new information pertaining to The Florida Bar information noted relevant to Mr. Schrold's law license from 2003 and Page 218 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905066 STATEMENT NO: 21194 adv. Gregory, Mola (slip&fall) HOURS 2004 noted, however currently his license is noted to be in good standing; prepared memos relating to this new information and other contact information, should a live deposition become necessary in order to show Ms. Gregory's past earnings and/or fee splitting with Mr. Schrold; online searches for Apptropica, LLC [currently located in North Carolina], that shows Mr. Schrold; same online searches on Brandine Powell in an effort to receive income paid by Powell and/or her law firm to the Plaintiff; prepared tickler to follow up again in two weeks, before filing a Motion to Compel in Palm Beach Circuit court. 1.80 07/16/2018 IR Receipt and review of of two Internal Revenue Service RAIVS letters, requesting five years of 1040 returns filed by the Plaintiff; conferences with TAD regarding directives; draft correspondence to the Internal Revenue Service, enclosing the original 2015 IRS Form 4506-T, received back in 1 of 2 RAIVS Requests for Tax Return Photocopy of Taxpayer Filed Returns; reviewed information that indicated the payment originally enclosed with IRS Form 4506-T, that specified the Return Income Verification Services Team is processing our request; receipt and review of second RAIVS Requests for Tax Information Documents or Transcripts of Tax Accounts, with 2 boxes checked [IRS kept the original executed Form 4506-T for tax years 2011 -2014; three lengthy telephone conferences with Internal Revenue Service, regarding Form 13873-T and Form 13873-D, with regard to information needed to obtain the Plaintiffs 2011-2015 Income Tax Returns, as the IRS will not provide records [due to Plaintiff changing last names 3 times]; follow-up conference with TAD regarding same. 5.50 07/17/2018 IR Online research pertaining to Internal Revenue Service receipt of subpoenas duces tecum, relative to the past five[5] years of federal income tax returns; draft of Notice of Projection to Non-Party subpoena, as well as Subpoena Duces Tecum directed to the Internal Revenue Service; reviewed and revised the duces tecum portion of the subpoena relevant to necessary attached documents and records that are filed with annual Form 1040; draft correspondence to litigation team, advising of dates to have IRS subpoena issued; preparation of tickler regarding same; 3.30 07/18/2018 TAD Prepare revised notice of deposition and correspondence to Lestrange re: deposition. 0.20 07/20/2018 IR Telephone conference with Dr. Zeide's staff pertaining to materials sent to Dr. Zeide, for his review, to act as an expert witness; preparation of email to Dr. Zeide's staff regarding same; conference with TAD regarding status of discovery and other pending projects, in advance of discovery cut-off on September 25, 2018; prepared updates to trial witness tracking chart; prepared ticklers to receive responsive email from Dr. Zeide's staff by Tuesday 7.24.18 at the latest. 1.30 TAD Receipt and review of correspondence from Calvenese re: depositions. Prepare response to same. 0.20 07/23/2018 TAD Prepare correspondence to expert re: review of claims. Prepare records for expert review. Review discovery responses re: status of claims. 0.90 07/24/2018 IR Receipt of email from Dr. Zeide's office pertaining to discovery; responded Page 219 of 528 Page: 3 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905066 STATEMENT NO: 21194 adv. Gregory, Mola (slip&fall) HOURS to Dr. Zeide's staff regarding same; prepared email to litigation team regarding medical expert witness and CME of Plaintiff, in advance of discovery cut-off period; updates to trial witness tracking chart. 1.10 07/25/2018 IR Reviewed Order Retting Case for Jury Trial, entered by Honorable Lisa Small on June 13, 2018, specifically pertaining to the deadline to disclose each parties' rebuttal witnesses, as noted on the original trial order, II. Uniform Pretrial Procedure (B); reviewed City of Boynton Beach's Trial Witness Tracking Chart regarding the status of any rebuttal expert witnesses to Plaintiffs trial experts. 0.60 TAD Prepare correspondence to Dr. Tordilla re: deposition. 0.20 07/26/2018 RAA Review file and consider defense strategy. 0.30 07/27/2018 IR Reviewed all trial orders, including outlines prepared by counsel for the City of Boynton Beach; additional preparation of two week ticklers, following the deadlines as noted in the outline; prepared emails to touch base with the litigation team in an effort to discuss strategy. 0.40 07/30/2018 IR Receipt and review of the Department of Treasury, Internal Revenue Service's correspondence response to the our July 16, 2018 request for the Plaintiffs 2015 Form 1040, with notation that the IRS sent correspondence to the Plaintiff, indicating why tax information will not be released to a third party; conference with TAD regarding same; preparation of tickler to check status of subpoena duces tecum to IRS, to be served in August 2018 and other case strategy. 0.70 07/31/2018 IR Reviewed status of Notice of Production from Non-Party for date Internal Revenue Service subpoena duces tecum is issued and due to the City of Boynton Beach; confirmed ticklers prepared to have this subpoenaed issued immediately, as the IRS is refusing to provide the City with Plaintiffs income taxes, etc. [as its review of Plaintiffs alleged loss of income]; 0.90 FOR CURRENT SERVICES RENDERED 26.10 3,470.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.30 $205.00 $61.50 INGRID RIERA 23.50 125.00 2,937.50 TRACEY A. DECARLO 2.30 205.00 471.50 Color photocopies 8.05 Photocopies 200.55 TOTAL EXPENSES THRU 07/31/2018 208.60 TOTAL CURRENT WORK 3,679.10 BALANCE DUE $3,679.10 Page 220 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905073 Boynton Beach FL 33425 STATEMENT NO: 21195 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim#001470-000336-GB-01 HOURS 07/02/2018 TAD Revise exhibit list for trial. review depositions re: witness information for witness list. Review correspondence re: pre-trial stipulation. Review proposed pre-trial stipulation. Receipt of motion to continue and proposed order on same. 3.80 07/05/2018 IR Conferences with TAD regarding Pretrial Stipulation Deadline, specific listings to be included; reviewed file for medical information, reviewed Plaintiffs deposition and cross-referenced with Plaintiffs Answers to Interrogatories regarding same; telephone conference with clerk at Ben Bedard's office; preparation of revisions to City of Boynton Beach's Witness List and its Exhibits List, accordingly. 1.20 TAD Receipt and review of correspondence re: motions in limine. Confer with officer counsel re: trial issues and motions in limine. Review and edit witness and exhibit list. 1.80 07/06/2018 IR Preparation of outline to Order Resetting Trial Period, that rolled this case to Judge Marra's August 27, 2018 docket and all court filings and deadlines are advanced five [5] weeks, to correspond to the new trial period; conference with TAD regarding status of potential settlement negotiations with Plaintiffs counsel; preparation of tickler for 10 days from today; revisions to Main Trial Notebook, for use at jury trial, reviewed Plaintiffs documents, including depositions already taken in this case; updates to City of Boynton Beach's Trial Witness Tracking chart, with notes as to which trial witnesses will need to be subpoenaed for trial and their contact information; continuation of legal research for various trial notebooks and for matter to be heard pre-trial by the Court; additional trial preparation. 5.10 TAD Receipt and review of order on Motion to Continue. Receipt of correspondence from Court re: order and trial. Review issues with order. Prepare correspondence to counsel with order. Confer with judicial assistant re: order issues. 0.90 07/09/2018 TAD Receipt and review of correspondence from plaintiff re: trial orders and prepare correspondence to officer counsel re: order. Receipt of response to same. 0.40 Page 221 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905073 STATEMENT NO: 21195 adv. Robinson, Bennie (false arrest) HOURS 07/11/2018 IR Online searches for Honorable Judge Marra local rules, specifically with regarding to tagging trial exhibits, as such are entered during trial; reviewed Plaintiffs trial exhibits, so as both parties may enter those sets of exhibits as agreed to by the parties, in preparation for August trial. 2.70 07/27/2018 TAD Receipt and review of trial order and information on judge. Prepare outline of trial issues and items to complete. Confer with IVR re: trial preparation. Review deposition of Harris and prepare outline of same for trial. 2.70 IR Reviewed all trial orders, including outlines prepared by counsel for the City of Boynton Beach; additional preparation of two week ticklers, following the deadlines as noted in the outline; prepared emails to touch base with the litigation team in an effort to discuss strategy. 0.40 07/30/2018 IR Preparation for and conference with TAD to discuss trial preparation, for two week trial commencing on Auugust 27, 2018; reviewed and revised trial notebooks, pleadings and witness folders regarding same; retrieved prior emails to co-counsel's office, requesting information in advance of trial. 3.10 TAD Review all trial exhibits and exhibit lists from Officer counsel re: trial preparation. Meet with IVR re: trial preparation and information for witnesses. Review deposition of Herny. Prepare outline of same for trial. Review case law re: trial memoranda. 4.40 FOR CURRENT SERVICES RENDERED 26.50 4,432.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 12.50 $125.00 $1,562.50 TRACEY A. DECARLO 14.00 205.00 2,870.00 Photocopies 21.70 TOTAL EXPENSES THRU 07/31/2018 21.70 TOTAL CURRENT WORK 4,454.20 BALANCE DUE $4,454.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 222 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 21196 Attn: Lynn Swanson adv. Galindez, Dennis (slip&fall) Billing Category: 18-RLO Claim#001470-000330-GB-01 HOURS 07/03/2018 IR Receipt and review Order from the court, on the dispositive motions from June 26, 2018 evidentiary hearing. 0.20 07/09/2018 TAD Receipt and review of correspondence re: information on former employees. Review records re: termination and resignations. Prepare correspondence re: same. Review depositions of Turner, Brode and Ramsey re: depositions of facilities employees. Prepare for deposition of Kelley, deposition of Carpenter, deposition of Proano, deposition of Cinque, deposition of Lamons, deposition of Mierke. 4.20 IR Receipt and review of directive pertaining to project, in order to prepare for depositions this week; reviewed file to retrieve relevant documents for Plaintiffs depositions this week of witnesses at City of Boynton Beach [current and previous witnesses]. 1.90 07/10/2018 IR Finalized sets of witness files for depositions this week of Tom Carpenter, Chris Cinque, Stephen Kelly and Fabian Proano; finalized review and retrieval of requested records for Plaintiffs depositions this week of witnesses at City of Boynton Beach [current and previous witnesses]. 2.70 07/11/2018 TAD Receipt and review of correspondence from plaintiff re: former employee and prepare response to same. Telephone conference with Clty re: employee depositions. Prepare for depositions of former employees. Review proposed order and make revisions to same. 2.40 07/12/2018 TAD Review prior depositions re: information on claims for upcoming depositions of former employees. Review information on termination of employees re: depositions. Confer with IVR re: deposition issues and trial issues. Prepare exhibits for depositions. 3.40 07/13/2018 RAA Receive/review order setting status hearing; Confer with Attorney DeCarlo re: response; Draft correspondence to judge requesting reschedule; Correspondence to opposing counsel requesting review and approval; Correspondence to judge re: letter attached; Telephone conference with judicial assistant re: same. 1.00 Page 223 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 21196 adv. Galindez, Dennis (slip&fall) HOURS TAD Attend depositions of Lamons, Proano and Mierkle. Confer with Plaintiff re: trial issues. Receipt of order re: status check and trial. Confer with RAA re: hearing. Receipt of correspondence from plaintiff re: hearing. 8.80 07/16/2018 RAA Confer with Attorney DeCarlo re: defense strategy. 0.30 IR Receipt and review of Order Setting Status Check and to Set trial Date, for hearing on 7. 17.18 at 9:30 a.m., and the Order entered on 7.13.18; prepared tickler to follow up with TAD if anything specific needed for said sua sponte order; conference with TAD regarding depositions and review of Plaintiffs medical records, with the workers' compensation lien in place for funds already paid on Plaintiffs behalf; prepared tickler relevant to potential offer of judgment to the Plaintiff and his Wife in September, as follow-up of issues for trial. 1.30 TAD Receipt and review of notices of deposition former employees. Review case law and information on plaintiffs expert for trial. 3.40 07/17/2018 TAD Receipt and review of re-notice of depositions of City employees. Prepare for hearing re: status conference. Receipt of order resetting hearing. Review witness and exhibit list re: trial information for hearing. Receipt of correspondence re: pre-trial stipulation. Receipt of revised stipulation. 2.40 07/18/2018 JAC Review case status -discovery. 0.70 TAD Attend hearing on status conference and trial setting. Receipt of correspondence from plaintiff re: order. Confer with Plaintiff re: trial issues. 4.30 07/19/2018 RAA Confer with Attorney DeCarlo re: trial preparation strategy and status hearing outcome. 0.20 IR Updated trial witness tracking chart, with dates of availability for each of the City's trial witnesses and expert witnesses as well; draft correspondence to Dr. Sukienik's office manager and received response; conference with TAD regarding same. 1.70 TAD Receipt and review of correspondence re: stipulation. Prepare correspondence to employees re: trial setting and appearance. Receipt or responses to same. 0.80 07/20/2018 RAA Confer with Attorney DeCarlo re: litigation strategy and update. 0.40 TAD Receipt and review of correspondence from plaintiff re: trial disclosures and witness issues. Prepare correspondence to plaintiff re: trial, issues with status report and issues with witnesses. Receipt of 10 th request for production. 0.80 07/23/2018 TAD Receipt and review of correspondence from trial witnesses. Prepare response to same. Receipt of correspondence from City re: response to request for production. Prepare response to request for production. 1.30 07/24/2018 IR Receipt, review and updates made to Trial Availability log, relevant to the City of Boynton Beach's trial witnesses, which include expert witnesses; prepared tickler to follow-up again with our witnesses by mid-August for a status of trial [and potentially advise which of the 2 weeks in October the judge wants this matter tried in Palm Beach County, FL]. 0.40 TAD Receipt and review of correspondence from plaintiff re: status of order on motions. Prepare response to same. Review trial information re: Page 224 of 528 Page: 3 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 21196 adv. Galindez, Dennis (slip&fall) HOURS preparation of joint report to court. Receipt of correspondence from plaintiff re: proposed order. Review correspondence from witness re: trial issues. 3.30 07/25/2018 IR Retrieved online court docket, to confirm all parties' pending discovery is updated; review online trial docket for Judge Jamie Goodman, regarding which of 2 weeks may be posted; continued to update Trial Witness Tracking Chart and Trial Availability chart, for City of Boynton Beach's trial fact and expert witnesses; 0.80 TAD Receipt of correspondence from court re: trial setting. Receipt of correspondence from plaintiff re: proposed order on status conference. Review proposed order and prepare response to plaintiff re: same. 0.40 07/27/2018 TAD Confer with IVR re: trial issues and exhibits. Revise order on motion in limine and prepare correspondence to plaintiff re: same. Receipt of correspondence from plaintiff re: motion in limine. Prepare correspondence to Court re:proposed order. 0.90 IR Reviewed all trial orders, including outlines prepared by counsel for the City of Boynton Beach; additional preparation of two week ticklers, following the deadlines as noted in the outline; prepared emails to touch base with the litigation team in an effort to discuss strategy. 0.40 07/30/2018 IR Receipt and review of Agreed Order on Defendant City of Boynton Beach's Motion in Limine; preparation of tickler to update Trial Notebook with the Court's ruling of July 30, 2018 relevant to the City's Motion in Limine. 0.30 07/31/2018 IR Receipt, review and preparation of ticklers relevant to the Pre-Trial Scheduling Order, entered by the Court on July 30, 2018, in advance of the special set trial date of October 22, 2018; preparation of updates to the City of Boynton Beach's Trial Witness Tracking chart accordingly; checked status of deposition transcripts from Plaintiffs additional depositions taken from earlier this month. 0.90 TAD Receipt and review of pre-trial scheduling order. Receipt of correspondence to Court re: trial setting and response from Court. 0.40 FOR CURRENT SERVICES RENDERED 50.00 9,402.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.70 $205.00 $143.50 RYAN A.ABRAMS 1.90 205.00 389.50 INGRID RIERA 10.60 125.00 1,325.00 TRACEY A. DECARLO 36.80 205.00 7,544.00 Photocopies 137.55 TOTAL EXPENSES THRU 07/31/2018 137.55 TOTAL CURRENT WORK 9,539.55 Page 225 of 528 Page: 4 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 21196 adv. Galindez, Dennis (slip&fall) BALANCE DUE $9,539.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 226 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905093 Boynton Beach FL 33425 STATEMENT NO: 21197 Attn: Lynn Swanson adv. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim#001470-000382-GD-01 HOURS 07/02/2018 TAD Receipt and review of correspondence from mortgage counsel re: satisfaction. Receipt of recorded satisfaction and prepare correspondence re: same. Revise notice of dismissal. Receipt of correspondence re: satisfaction and stipulation from Plaintiff. 0.80 07/09/2018 TAD Receipt and review of satisfaction of mortgage. Prepare correspondence to all parties re: same. Prepare release of lis pendens. Review notice of voluntary dismissal and stipulation for filing with Court. Prepare response to same. 0.70 07/18/2018 TAD Receipt and review of order of dismissal. Prepare correspondence to City re: dismissal and all relevant documents. 0.50 07/20/2018 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. 0.30 FOR CURRENT SERVICES RENDERED 2.30 471.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.30 $205.00 $471.50 Color photocopies 0.35 Photocopies 4.20 TOTAL EXPENSES THRU 07/31/2018 4.55 07/09/2018 Simplifile - Record Satisfaction of Assessment 18.10 07/11/2018 Clerk of the Court- E-Filing -74652195 24.10 42.20 Page 227 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905093 STATEMENT NO: 21197 adv. Jenkins, Gail and Leon (Demolition) TOTAL ADVANCES THRU 07/31/2018 42.20 TOTAL CURRENT WORK 518.25 BALANCE DUE $518.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 228 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905098 Boynton Beach FL 33425 STATEMENT NO: 21198 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#001470-000367-AB-01 HOURS 07/09/2018 TAD Receipt and review of Motion to Compel. 0.20 07/10/2018 IR Receipt and review of email regarding subpoenas duces tecum and the preceding Notice of Production of Non-Party, relevant to same. 0.20 07/11/2018 TAD Receipt and review of accident and medical information for report and budget. Begin preparation of report an budget. 2.80 07/12/2018 TAD Receipt and review of correspondence re: hearing and prepare response to same. Receipt of notice of heating on motion to compel. Receipt of report re: status of claim and correspondence re: same. 0.60 IR Reviewed online court docket, with noted due date on subpoenas duces tecum of 14 entities and individuals whose records are now due on August 20, 2018; receipt and review of Notice of Hearing on Plaintiffs recently filed motion, regarding discovery information sought; preparation of ticklers to begin to follow up with subpoenas on August 6, 2018. 0.60 07/17/2018 TAD Continue preparation of budget for claim. Revise report to include additional information on claim. Prepare correspondence to plaintiff counsel. Prepare correspondence to orthopedic expert re: claims. Prepare correspondence to internist re: claims. Prepare second request for production to plaintiff. Prepare second interrogatories to plaintiff. 3.60 07/18/2018 TAD Receipt and review of correspondence to court re: trial setting. Receipt of notice of readiness for trial. 0.20 07/19/2018 IR Receipt and review of Notice for Jury Trial, filed with the Court by the Plaintiff, requesting three to four days for this jury trial; prepared tickler to receive a Trial Order from Division AO, within the next 10 days to two weeks; reviewed other online docket entries, in the meantime [check on the progress of discovery]. 0.70 TAD Revise budget and prepare correspondence to city re: information on incident . Receipt of correspondence re: information on incident. Prepare correspondence to outside vendor re: information on claim. 0.80 Page 229 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905098 STATEMENT NO: 21198 adv. Venegas, Jesusa HOURS 07/20/2018 RAA Research case law on public records law impact on rules of discovery and consider pending objection. 1.10 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. Review plaintiff medical information and prepare documents for review by expert. 2.40 07/23/2018 RAA Additional research of case law on interrelation between public records law and discovery process; Confer with Attorney DeCarlo re: same. 0.80 TAD Prepare correspondence to expert re: medical examination and receipt of response to same. 0.30 07/26/2018 TAD Receipt and review of motion to compel and supporting documents. Review case law re: issues in motion and prepare: for hearing on same. Prepare proposed order. 1.30 07/27/2018 RAA Confer with Attorney DeCarlo re: public records exemption and discovery in litigation; Additional review of case law re: same. 0.50 07/31/2018 TAD Attend hearing on motion to compel. Confer with Plaintiff counsel re: settlement and deposition issues. Receipt of order on motion. 4.30 FOR CURRENT SERVICES RENDERED 20.40 4,062.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 2.40 $205.00 $492.00 INGRID RIERA 1.50 125.00 187.50 TRACEY A. DECARLO 16.50 205.00 3,382.50 Photocopies 168.70 TOTAL EXPENSES THRU 07/31/2018 168.70 TOTAL CURRENT WORK 4,230.70 BALANCE DUE $4,230.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 230 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 21199 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category- 18RLO Claim#001470-000369-AB-01 HOURS 07/02/2018 TAD Receipt and review of notice of hearing on objections. Telephone conference re: same. 0.30 IR Receipt and review of Plaintiffs recently filed Notice of Production from Non-Party, directed to Sprint for cellular telephone records; reviewed the City of Boynton Beach's Objection to same, filed on 6.27.18; prepared tickler regarding notice of hearing as to whether the Plaintiff will set objection for hearing; reviewed and updated Trial Witness Tracking Chart, listing the information stated in Plaintiffs subpoena as trial exhibits and trial records custodian. 0.80 07/09/2018 TAD Receipt and review of notice of hearing on objections. 0.10 07/11/2018 IR Receipt, review and prepared ticklers relevant to employee personnel file folders, and a CD from the City of Boynton Beach, which also contains the City of Boynton Beach's safety manual, the City's DFWP policy and information regarding post [automobile] accident drug testing; reviewed Plaintiffs request for production, to check which records will be produced to the Plaintiff, in response to her 2d request for production. 0.60 07/20/2018 TAD Receipt and review of correspondence from plaintiff re: subpoena and prepare response to same. Receipt of correspondence re: discovery. Review correspondence re: discovery documents and prepare response to same. 1.70 07/23/2018 TAD Review records of Saulter employment re: response to request for production. Prepare memorandum re: same. Prepare response to request for production. Review deposition of plaintiff and prepare summary of same. Prepare correspondence to City employee re: response to discovery and receipt of response to same. 4.60 07/24/2018 IR Reviewed pleadings and recently propounded discovery by the Plaintiff; prepared tickler to ensure responsive documents are sent to Plaintiff in advance of Dwight Saulter's deposition on August 8, 2018; reviewed tickler regarding Medicare records that were due today and prepared tickler to Page 231 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905102 STATEMENT NO: 21199 adv. Blutcher, Pamela (MVA) HOURS follow up in 10 more days [possibly voluminous records of Plaintiff]. 0.60 TAD Review plaintiffs medical records. Revise information on claims. Revise timeline. Continue preparation of revised report to adjuster re: status. 4.80 07/25/2018 TAD Confer with Sualter re: discovery and depositions issues. Continue review of plaintiffs records and preparation of report to client. Prepare correspondence re: response to subpoenas. 4.40 07/26/2018 IR Receipt and review information relevant to several medical entities, previously subpoenaed; reviewed Plaintiffs extensive medical history, including lists of facilities and medical providers where she has sought medical treatment over the years; conference with TAD regarding same; reviewed defense attorneys'suit status report, with a breakdown of the City's request for discovery it propounded to the Plaintiff and other entities, tracking the various responses, ensuring compliance of same and organization, review and draft summaries of the requested discovery. 2.30 TAD Receipt and review of additional records re: plaintiff treatment for analysis . Revise report. Prepare correspondence to adjuster re: status. 2.80 07/27/2018 TAD Receipt and review of records from Surfside re:response to subpoena. Prepare correspondence to PTA re: failure to respond to subpoena. 1.70 FOR CURRENT SERVICES RENDERED 24.70 4,719.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 4.30 $125.00 $537.50 TRACEY A. DECARLO 20.40 205.00 4,182.00 Color photocopies 10.50 Photocopies 15.40 TOTAL EXPENSES THRU 07/31/2018 25.90 TOTAL CURRENT WORK 4,745.40 BALANCE DUE $4,745.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 232 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905105 Boynton Beach FL 33425 STATEMENT NO: 21200 Attn: Lynn Swanson adv. Finz, Stephanie (slip &fall) Billing Category: 18-RLO Claim#001470-000368-GB-01 HOURS 07/02/2018 RAA Telephone conference call with opposing counsel re: settlement discussions. 0.30 07/03/2018 IR Continuation of updates to the City of Boynton Beach's trial witness tracking logs, utilized pre-suit information and post-filing information exchanged by the parties; 1.30 RAA Draft proposal for settlement and general release and review statute/rules for compliance; Confer with Attorney DeCarlo re: same. 0.80 07/05/2018 RAA Confer with Attorney DeCarlo re: proposal for settlement to plaintiff; Prepare service correspondence to opposing counsel with proposal for settlement; Prepare and file notice of service of proposal; Draft correspondence to client re: same. 0.90 07/06/2018 RAA Receive/review proposal for settlement served by plaintiffs counsel and filed notice of service; Confer with Attorney DeCarlo re: same. 0.50 07/09/2018 RAA Telephone conference call with opposing counsel re: settlement negotiations; Confer with Attorney DeCarlo re: same; Consider response to counteroffer. 0.40 07/13/2018 RAA Consider strategy on settlement negotiations and discovery responses. 0.20 07/16/2018 RAA Review litigation plan and consider strategy; Correspondences with opposing counsel re: setting deposition of plaintiff; Draft notice of deposition. 0.60 07/19/2018 RAA Confer with Attorney DeCarlo re: settlement negotiation strategy; Telephone conference with opposing counsel re: settlement and tentative agreement. 0.50 07/24/2018 RAA Telephone call to plaintiffs counsel and leave message re: settlement; Draft correspondence to plaintiffs counsel re: same and requesting extension to respond to discovery; Consider strategy and response in settlement negotiations; Additional correspondences with opposing counsel re: Page 233 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905105 STATEMENT NO: 21200 adv. Finz, Stephanie (slip &fall) HOURS settlement demand and counteroffer; Confer with Attorney DeCarlo re: same. 1.40 07/26/2018 RAA Telephone conference call with opposing counsel re: settlement discussions; Follow up correspondences with opposing counsel re: same. 0.50 FOR CURRENT SERVICES RENDERED 7.40 1,413.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 6.10 $205.00 $1,250.50 INGRID RIERA 1.30 125.00 162.50 Photocopies 4.55 TOTAL EXPENSES THRU 07/31/2018 4.55 TOTAL CURRENT WORK 1,417.55 BALANCE DUE $1,417.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 234 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905171 Boynton Beach FL 33425 STATEMENT NO: 21201 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim#001470-000400-PI-01 HOURS 07/06/2018 TAD Receipt and review of correspondence re: status of claim and prepare correspondence re: same. 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 235 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905190 Boynton Beach FL 33425 STATEMENT NO: 21202 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 07/02/2018 RAA Update litigation plan re additional depositions; Telephone call to officer's counsel re: request for information received during deposition of personal representative. 0.40 07/05/2018 RAA Review and analyze notes from plaintiffs' depositions and draft deposition summary; Search plaintiffs' social media pages and postings. 3.30 07/06/2018 RAA Confer with Attorney DeCarlo re: litigation plan and priority items; Prepare and finalize letter to Risk Manager re: summary of plaintiffs'depositions. 0.60 TAD Receipt and review of information on deposition and prepare correspondence re: same. 0.40 07/09/2018 RAA Telephone conference call with officers' counsel re: request for witness information and deposition transcript copies; Follow up correspondence from officer's counsel's office re: same; Telephone conference with Assistant State Attorney on criminal case against Lex Eugene and draft memorandum to file re: same; Receive/review deposition transcript of witness. 1.50 07/11/2018 IR Receipt and review of Plaintiffs Request to Produce to Defendant, City of Boynton Beach, which responses are due August 10, 2018; preparation of tickler to follow up on discovery responses from the City, before the deadline of August 10, 2018; reviewed deposition of Flor Cuevas from July 27, 2017 and updated information in Trial Witness Tracking chart from information gleaned in said transcript. 0.90 07/12/2018 RAA Confer with Attorney DeCarlo re: litigation plan and strategy. 0.30 07/25/2018 RAA Revise litigation plan re: preparing written discovery to plaintiffs. 0.20 IR Prepared Trial Witness Tracking Chart, to list all witnesses, medical providers and facilities, etc. and to follow along with subpoenas duces tecum when records arrive, witnesses served with process pursuant to subpoenas duces tecum, live depositions and trial subpoenas. 1.90 Page 236 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905190 STATEMENT NO: 21202 adv. Readon, Jayden, Estate of(police chase) HOURS 07/27/2018 RAA Confer with Attorney DeCarlo re: pending matters and defense strategy; Review file and update litigation plan; Review deposition transcripts for plaintiffs re: additional information needed. 0.70 07/28/2018 RAA Review plaintiffs requests for production to City re: grounds for objection; Draft responses to requests for production; Review and summarize evidence on claim; Review and update case law re: law enforcement liability for police chases and prepare summary of same. 3.40 07/30/2018 RAA Continued review and summarization of evidence in file; Telephone call to opposing counsel's office re: proposed settlement discussions. 1.80 FOR CURRENT SERVICES RENDERED 15.40 2,933.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 12.20 $205.00 $2,501.00 INGRID RIERA 2.80 125.00 350.00 TRACEY A. DECARLO 0.40 205.00 82.00 Photocopies 26.95 TOTAL EXPENSES THRU 07/31/2018 26.95 TOTAL CURRENT WORK 2,959.95 BALANCE DUE $2,959.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 237 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905199 Boynton Beach FL 33425 STATEMENT NO: 21203 Attn: Lynn Swanson adv. Robling, Aaron (Police) Billing Category: 18- RLO Claim#001470-000403-PP-01 HOURS 07/05/2018 TAD Receipt and review of correspondence re: status and prepare response to same. Telephone conference with Plaintiff counsel re: potential settlement. 0.40 07/26/2018 TAD Receipt and review of plaintiffs notice of service of answers to interrogatories and answers. Receipt of notice of service of answers to School Boards discovery. Prepare correspondence to Scholl Board re: discovery. Prepare correspondence to City re: responses to discovery from Plaintiff. 1.90 07/27/2018 TAD Receipt and review of correspondence re: deposition of plaintiff. Prepare response to same. Prepare notice of deposition of plaintiff. Receipt of order setting trial. 0.40 IR Reviewed all trial orders, including outlines prepared by counsel for the City of Boynton Beach; additional preparation of two week ticklers, following the deadlines as noted in the outline; prepared emails to touch base with the litigation team in an effort to discuss strategy. 0.40 07/30/2018 RAA Confer with Attorney DeCarlo re: pending discovery. 0.20 TAD Receipt and review of correspondence from School Board counsel re: depositions of the Plaintiff and representatives and prepare response to same. Receipt of trial order and prepare correspondence to City re: same. 0.90 07/31/2018 IR Extensive review of pleadings and file; preparation of internal trial order outline, following the Court's Order Setting Jury Trial and Directing Pretrial Mediation and Jury Instructions Procedures, entered by Honorable Dana Gillen on July 27, 2018 and prepared ticklers for all court and trial deadlines; reviewed pleadings and checked status of discovery, including responses from all parties. 1.30 FOR CURRENT SERVICES RENDERED 5.50 991.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.20 $205.00 $41.00 Page 238 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905199 STATEMENT NO: 21203 adv. Robling, Aaron (Police) TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.70 125.00 212.50 TRACEY A. DECARLO 3.60 205.00 738.00 TOTAL CURRENT WORK 991.50 BALANCE DUE $991.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 239 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905213 Boynton Beach FL 33425 STATEMENT NO: 21204 Attn: Lynn Swanson adv. Coupet, Kenson (parent of child injured) Billing Category: 18- RLO Claim#001470-000405-GB-01 HOURS 07/02/2018 RAA Review case law provided by opposing counsel in opposition to City's Motion to Dismiss and prepare argument. 1.20 07/03/2018 RAA Attend hearing on City's Motion to Dismiss; Discussion with counsel for Layne Heavy Civil, Inc. re: indemnity; Receive/review signed order from judge on Motion. 3.10 07/06/2018 RAA Confer with Attorney DeCarlo re: litigation plan and priority items. 0.30 TAD Receipt and review of notice of non-party production. Receipt of subpoenas to medical providers. Prepare request for records. 0.60 07/10/2018 IR Reviewed Co-Defendant, Layne's Construction's Notice of Production from Non-Party, as well as the subpoenas duces tecum attached thereto; prepared tickler to receive copies of said records, when co-defendant receives same. 0.30 07/12/2018 RAA Confer with Attorney DeCarlo re: litigation plan and strategy, and upcoming deadlines. 0.30 TAD Receipt and review of correspondence from Layne re: indenification issues. Confer with RAA re: hearing and response to complaint. 1.20 07/15/2018 RAA Review and evaluate accuracy of allegations in Complaint; Begin drafting Answer and Affirmative Defenses. 1.20 07/16/2018 RAA Continue review of file including bid solicitation general conditions, resolution adopting contract, correspondence history, and photographs; Consider indemnification and other claims against co-defendant Layne Heavy Civil, Inc.; Finish drafting Answer and Affirmative Defenses; Begin drafting Crossclaim against Layne; Research and analyze case law and statutes governing indemnification claim and confer with Attorney DeCarlo re: same; Draft memo to file re: research. 6.90 07/17/2018 RAA Additional research of potential claims for inclusion in Crossclaim; Request original agreement with Layne Heavy Civil, Inc. from City; Complete draft of Page 240 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905213 STATEMENT NO: 21204 adv. Coupet, Kenson (parent of child injured) HOURS Answer and Affirmative Defenses and Crossclaim, and review and edit same. 3.40 07/18/2018 TAD Telephone conference with Layne counsel re: indemnity demand. 0.20 07/19/2018 TAD Receipt and review answer and prepare revisions to same. Telephone conference with Layne counsel re: indemnity issues and resolution. 0.40 07/20/2018 RAA Confer with Attorney DeCarlo re: litigation strategy and update; Additional review and edits of Answer/Affirmative Defenses and Crossclaim. 0.80 07/23/2018 RAA Additional review and editing of Answer/Affirmative Defenses and Crossclaim; Prepare exhibits to Crossclaim; Confer with Attorney DeCarlo re: same. 1.10 07/24/2018 IR Reviewed notes from litigation meetings regarding directives and responsive discovery materials; prepared email to City of Boynton Beach employee, relative to additional items needed since TAD meeting with city employee earlier this month; prepared tickler to receive response and/or items requested within 3 days; reviewed correspondence relevant to co-defendant Layne being taken over by another entity and potential new strategy. 1.10 07/25/2018 RAA Revise litigation plan re: setting plaintiffs deposition and identify additional information needed from City. 0.20 07/26/2018 IR Receipt and review of correspondence regarding names of individuals to be utilized and potentially called as City of Boynton Beach's witnesses; created updates to Trial Witness Tracking Chart, to update the information of new and existing witnesses; 0.60 07/27/2018 RAA Confer with Attorney DeCarlo re: pending matters and defense strategy; Review file and update litigation plan. 0.40 07/30/2018 TAD Receipt and review of notice of non-objection to non-party subpoenas. 0.10 FOR CURRENT SERVICES RENDERED 23.40 4,637.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 18.90 $205.00 $3,874.50 INGRID RIERA 2.00 125.00 250.00 TRACEY A. DECARLO 2.50 205.00 512.50 Photocopies 28.35 TOTAL EXPENSES THRU 07/31/2018 28.35 Page 241 of 528 Page: 3 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905213 STATEMENT NO: 21204 adv. Coupet, Kenson (parent of child injured) 07/27/2018 Clerk of the Court- E-Filing -75378865 400.00 400.00 06/27/2018 Federal Express- Invoice 6-253-18732 15.59 15.59 TOTAL ADVANCES THRU 07/31/2018 415.59 TOTAL CURRENT WORK 5,080.94 BALANCE DUE $5,080.94 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 242 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905216 Boynton Beach FL 33425 STATEMENT NO: 21205 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470-000410-EP-01 HOURS 07/02/2018 IR Online Palm Beach Circuit Court docket review and Judge Sasser's trial calendar through the end of 2018; receipt and review of appellate filing to the 4th DCA pertaining to Judge Sasser recusal. 1.30 07/11/2018 TAD Receipt and review of correspondence re: depositions and discovery issues. Prepare correspondence to non-parties re: depositions and receipt of response to same. Prepare revised notices of deposition and subpoenas re: non-parties. Prepare correspondence to plaintiff re: deposition of the plaintiff and receipt of response to same. Prepare update report to client and adjuster. 2.80 07/16/2018 TAD Receipt and review of correspondence from nonparty re: subpoena response. Prepare notices of deposition for plaintiff witnesses and revise subpoenas for nonparties. 0.40 07/17/2018 TAD Receipt and review of correspondence re: depositions and former employees. Receipt of correspondence from Lexus and employer re: depositions. Revise subpoenas and notices of deposition for non-party employer depositions. 0.70 07/18/2018 TAD Prepare correspondence to non-party witnesses re: depositions and discovery issues. 0.20 07/20/2018 RAA Confer with Attorney DeCarlo re: litigation strategy and update. 0.30 TAD Receipt and review of correspondence re: depositions of former employees and prepare response to same. 0.20 07/25/2018 RAA Review evidence on claim in preparation for upcoming depositions. 1.50 TAD Prepare correspondence to plaintiff counsel re: discovery schedule. 0.20 07/26/2018 TAD Prepare correspondence to Moreno re: depositions and receipt of response to same. 0.30 07/27/2018 RAA Confer with Attorney DeCarlo re: upcoming depositions and defense Page 243 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905216 STATEMENT NO: 21205 adv. Ryan, Ronald (whistleblower PD) HOURS strategy; Review file and update litigation plan. 0.40 TAD Receipt and review of correspondence from Mills re: depositions and records and prepare response to same. Prepare correspondence to Kellman and Trejo and employees re: depositions and receipt of responses to same. Receipt of correspondence from Plaintiff re: Albala deposition and prepare response to same. 1.80 IR Reviewed all trial orders, including outlines prepared by counsel for the City of Boynton Beach; additional preparation of two week ticklers, following the deadlines as noted in the outline; prepared emails to touch base with the litigation team in an effort to discuss strategy. 0.40 07/30/2018 IR Online check of the Court's new Fall trial calendar and reviewed current status of discovery, and the trial witnesses who are currently scheduled for deposition and which trial witnesses still need to be scheduled; conference regarding upcoming Lexis of Palm Beach live deposition of records custodian and the person with the most knowledge, set for August 21, 2018. 0.60 FOR CURRENT SERVICES RENDERED 11.10 2,091.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 2.20 $205.00 $451.00 INGRID RIERA 2.30 125.00 287.50 TRACEY A. DECARLO 6.60 205.00 1,353.00 Photocopies 2.80 TOTAL EXPENSES THRU 07/31/2018 2.80 TOTAL CURRENT WORK 2,094.30 BALANCE DUE $2,094.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 244 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905253 Boynton Beach FL 33425 STATEMENT NO: 21206 Attn: Lynn Swanson adv. Bolt, Barbara Dilger(MVA) Billing Category: 18- RLO Claim#001470-000422-AB-01 HOURS 07/09/2018 TAD Receipt and review of notice of deposition of green and subpoena re: same. 0.20 07/10/2018 IR Receipt and review of email pertaining to former City of Boynton Beach employee, Paul Green's personnel file of records from the date of his hire in 1991 through 2017. 0.30 07/12/2018 IR Reviewed file and initial review of Paul Green's personnel files received from the City of Boynton Beach; 3.10 07/13/2018 IR Continuation of drafts on behalf of the City of Boynton Beach, to file its discovery responses that were served with the Complaint; continued to prepare and revise individual folders relevant to former City of Boynton Beach employee, Paul Green and his personnel records since 1991 through 2017; separated files, into nine [9] different categories; quickly scanned and reviewed said personnel files, to ensure redactions were in place, as a portion of these records will be utilized as the City's Responses to Plaintiffs Request for Production. 4.70 07/16/2018 IR Reviewed Notice of Taking Paul Green deposition duces tecum, on September 5, 2018, and reviewed the documents requested [despite the subpoena lacking the term 'duces tecum"] to ensure the records requested match with the redacted documents to be produced. 1.10 07/17/2018 IR Continuation of discovery responses and detailed, review and update to our chart that breakdown the City's various personnel records into 9 sub-section portions. 1.70 TAD Receipt and review of notice of deposition and subpoena to Green. Prepare correspondence re: same. 0.30 07/18/2018 IR Reviewed Plaintiffs Responses to Request for Production, noting each of the medical providers, including their relevant information, to send service of process to be used for upcoming discovery, etc.; revisions and updates to trial Witness Tracking Chart; reviewed and revised City of Boynton Beach's Answers to Interrogatories, Responses to Request for Production, Page 245 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905253 STATEMENT NO: 21206 adv. Bolt, Barbara Dilger(MVA) HOURS etc.; continuation of project to review and detail the records that detail Paul Green's employment with the City of Boynton Beach, from 1991 through 2017; preparation listing the personnel records from the City relevant to its employee involved in the automobile accident, 6.80 07/19/2018 IR Continuation of City of Boynton Beach's draft discovery responses propounded by the Plaintiff; continuation to review files received from client, to ensure all appropriate and non-privileged materials are included in the City's response; conferences with TAD regarding same; online searches of all individuals involved in this accident and updated the City's Trial Witness Tracking chart. 2.30 07/20/2018 IR Final drafts of the City of Boynton Beach's Answers and Objections to Plaintiffs First Set of Interrogatories and Responses and Objections to First Request for Production; conference with TAD regarding online information found pertaining to individuals involved in the accident at issue; updated Trial Witness Tracking chart. 2.10 FOR CURRENT SERVICES RENDERED 22.60 2,865.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 22.10 $125.00 $2,762.50 TRACEY A. DECARLO 0.50 205.00 102.50 Photocopies 43.05 TOTAL EXPENSES THRU 07/31/2018 43.05 TOTAL CURRENT WORK 2,908.05 BALANCE DUE $2,908.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 246 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905277 Boynton Beach FL 33425 STATEMENT NO: 21207 Attn: Lynn Swanson adv. Meyer, Tamara (MVA) Billing Category: 18- RLO Claim#001470-000427-AB-01 HOURS 07/05/2018 TAD Receipt and review of correspondence re: claim status from adjuster and prepare response to same. Prepare records request for plaintiff records. 0.80 07/10/2018 TAD Receipt and review of correspondence from state attorney's office re: records request and prepare response to same. Prepare records request to local office. 0.30 07/17/2018 TAD Receipt and review of correspondence re: response to records request. Receipt of records produced. Prepare request for records to local employer. Review information re: claimant. 1.80 07/25/2018 TAD Receipt and review of correspondence from State Attorney's office re: response to records request. Receipt of documents provided. 0.90 FOR CURRENT SERVICES RENDERED 3.80 779.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.80 $205.00 $779.00 Photocopies 0.70 TOTAL EXPENSES THRU 07/31/2018 0.70 TOTAL CURRENT WORK 779.70 BALANCE DUE $779.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 247 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905282 Boynton Beach FL 33425 STATEMENT NO: 21208 Attn: Lynn Swanson adv. Garber M.D., Harvey (excessive force) Billing Category: 18- RLO Claim#001470-000429-PP-01 HOURS 07/02/2018 RAA Review of BBPD policies re: complaint resolution, discipline and departmental regulations; Complete draft responses to interrogatories; Review incident report from the crime scene investigator; Request additional records from City; Consider objections to interrogatories and research rules and case law in support. 3.90 TAD Receipt and review of correspondence re: discovery. Review discovery responses re: revisions and meeting with Chief re: same. 0.80 IR Continuation of revisions trial order and initial disclosures, to drafts of outline; reviewed City of Boynton Beach's incident report dated October 11, 2017, listing potential trial witnesses, etc. 1.50 07/03/2018 IR Receipt and review of emails from City of Boynton Beach's various responsive records, following the Court's Order to prepare and follow the Joint Scheduling Order, list of Initial Disclosures, Rule 26; review of City's initial discovery responsive documents and prepared email to assistant with directives to prepare hard copy files, with the attached documents; continuation of memoranda pertaining to the police officers' body cameras from June 4, 2017, from the crime scene and at the hospital. 2.20 RAA Review and summarize incident reports, probable cause affidavit and supervisor's incident report; Receive/review training logs for officers; Begin review of additional personnel files received. 2.40 07/05/2018 IR Reviewed records that have been exchanged between the parties and created PDF sets, in preparation for upcoming depositions and trials. 2.70 RAA Confer with Attorney DeCarlo re: preparation of defense; Continue review, analyze and summarize personnel files for Ofc. Esteves. 1.00 07/06/2018 RAA Complete review of personnel records for Ofc. Esteves; Review training records for all officers named in litigation; Review of training materials for use of force training; Review policies on internal affairs investigation process; Review remaining records received from City; Analyze and summarize all records reviewed; Continue review of medical records received from plaintiffs counsel and provide summaries of same; Cross reference records summaries with allegations in Complaint for comparison; Page 248 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905282 STATEMENT NO: 21208 adv. Garber M.D., Harvey (excessive force) HOURS Confer with Attorney DeCarlo re: litigation plan and priority items. 5.70 07/07/2018 RAA Continue reviewing and summarizing medical records received from plaintiff's counsel. 1.20 07/09/2018 RAA Request additional information from City re: internal investigation of plaintiff's allegations; Continue review and summarization of voluminous medical records; Update litigation plan and confer with Attorney DeCarlo re: expert witnesses. 4.10 07/10/2018 RAA Finish review and summarization of voluminous medical records received from plaintiffs counsel; Review medical invoices and calculate total amount billed for plaintiffs injuries and related treatment; Additional research of Section 1983 claim against municipality for further evaluation of plaintiffs claim against the City, after reviewing all records; Telephone conference with police practices/customs expert and follow up correspondence re: same; Review notice of nonparty production served by officers' counsel and ensure completeness; Review interrogatories and requests for production served by officers' counsel; Draft interrogatories and requests for production to plaintiff; Begin drafting initial litigation report to third party administrator and Risk Manager; Confer with Attorney DeCarlo re: discovery strategies. 8.10 TAD Receipt and review of report and prepare revisions to same. Review information on experts. Confer with RAA re: report and experts. 1.90 07/11/2018 RAA Conduct jury verdict research to evaluate potential exposure in a jury trial; Telephone conference with officer's counsel re: expert witnesses and trial strategy; Telephone conference with plaintiffs counsel re: discovery extension and other case specifics; Additional research and review of case law on Section 1983 municipal liability; Continue drafting and finish draft of initial litigation report; Prepare litigation budget; Confer with Attorney DeCarlo re: experts and trial preparation strategy. 7.20 07/12/2018 RAA Additional review and editing of draft initial litigation report; Confer with Attorney DeCarlo re: same and general litigation plan and strategy. 0.70 07/13/2018 RAA Make additional edits to and finalize initial litigation report; Confer with Attorney DeCarlo re: same; Draft correspondence to Risk Manager with report and budget attached. 1.20 07/16/2018 RAA Telephone call with opposing counsel re: requested extension on City's discovery responses; Follow up correspondence re: same; Correspondence from co-defense counsel re: expert witnesses. 0.40 07/17/2018 RAA Telephone conference call with opposing counsel re: confidentiality order and additional extension on discovery responses; Review medical invoice records and confirm total amount invoiced as claimed by the Plaintiff. 0.60 07/18/2018 RAA Request additional records from City; Draft Joint Motion and Confidential Order; Begin drafting Requests for Admissions. 3.50 07/19/2018 RAA Confer with Attorney DeCarlo re: retention of expert witnesses; Telephone Page 249 of 528 Page: 3 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905282 STATEMENT NO: 21208 adv. Garber M.D., Harvey (excessive force) HOURS conference call with co-defense counsel re: confidentiality order and experts; Draft Interrogatories and Requests for Admission; Review plaintiffs Rule 26 disclosures and determine compliance with rules; Research case law on computation of damages in initial disclosures. 5.30 TAD Receipt and review of proposed confidentiality order. Prepare revisions to same. Confer with RAA re: proposed order and issues. Review correspondence to City re: status and information on hearing. 2.40 07/20/2018 RAA Confer with Attorney DeCarlo re: litigation strategy and update; Additional review and editing of proposed confidentiality order; Telephone conference with opposing counsel re: case specifics and settlement discussion; Review curriculum vitaes and fee schedules for proposed expert witnesses; Draft correspondence to Risk Manager re: expert witnesses and providing recommendation. 3.40 TAD Receipt and review of proposed confidentiality order. Meet and confer with RAA re: revisions to order. Receipt of correspondence re: hearings and disclosures. 1.60 07/22/2018 RAA Review and edit interrogatories and requests for admissions; Draft requests for production. 1.80 07/23/2018 RAA Attend hearing on Officers' Motion to Dismiss based on qualified immunity; Confer with Officers' counsel after hearing re: pending matters; Research de minimus use of force case law; Correspondence from Officers' counsel re: requested discovery extension; Confer with Attorney DeCarlo re: hearing; Receive/review plaintiffs answers to officers' interrogatories; Begin review of documents responsive to requests for production. 4.50 07/24/2018 RAA Correspondence from Risk Manager re: approval of hiring expert witnesses; Correspondence to officers' counsel re same; Continue drafting requests for production to plaintiff; Complete drafting of confidentiality order and draft correspondence to officers' counsel re: same; Complete first drafts of interrogatories, requests for admissions, and requests for production. 2.80 07/25/2018 RAA Correspondences with opposing counsel re: request for review of proposed confidentiality order; Correspondence from Officers' counsel approving of proposed confidentiality order; Review procedural rule on expert witness disclosure and review court's pretrial order for additional guidance re: same; Review fee options for police practices expert witness. 0.80 07/26/2018 RAA Consider fee options for police practices expert and determine appropriate option at this time; Telephone call to expert witness and advise of retention; Confer with Attorney DeCarlo re: discovery requests to plaintiff; Correspondence with opposing counsel re: request for copies of records. 0.70 07/27/2018 IR Reviewed all trial orders, including outlines prepared by counsel for the City of Boynton Beach; additional preparation of two week ticklers, following the deadlines as noted in the outline; prepared emails to touch base with the litigation team in an effort to discuss strategy. 0.40 07/30/2018 RAA Receive/review correspondences from adjuster and co-defense counsel re: proposal for settlement. 0.20 Page 250 of 528 Page: 4 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905282 STATEMENT NO: 21208 adv. Garber M.D., Harvey (excessive force) HOURS FOR CURRENT SERVICES RENDERED 73.00 14,421.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 59.50 $205.00 $12,197.50 INGRID RIERA 6.80 125.00 850.00 TRACEY A. DECARLO 6.70 205.00 1,373.50 Photocopies 157.15 TOTAL EXPENSES THRU 07/31/2018 157.15 TOTAL CURRENT WORK 14,578.15 BALANCE DUE $14,578.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 251 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905297 Boynton Beach FL 33425 STATEMENT NO: 21209 Attn: Lynn Swanson adv. Ortiz, Jade (personal injury) Billing Category: 18- RLO Claim# HOURS 07/09/2018 TAD Receipt and review of correspondence from the City re: information on the area at issue and further information to be obtained. 0.20 07/30/2018 TAD Receipt and review of correspondence re: permit information. Prepare response to same. Review documents from DEP. 1.00 FOR CURRENT SERVICES RENDERED 1.20 246.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.20 $205.00 $246.00 TOTAL CURRENT WORK 246.00 BALANCE DUE $246.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 252 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905315 Boynton Beach FL 33425 STATEMENT NO: 21210 Attn: Lynn Swanson adv. Gesner, Ednar(MVA Police) Billing Category: 18- RLO Claim# HOURS 07/05/2018 TAD Receipt and review of correspondence re: resolution from City and adjuster. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 253 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905317 Boynton Beach FL 33425 STATEMENT NO: 21211 Attn: Lynn Swanson adv. Harris, Justin (M/Atty Fees-Federal suit) Billing Category: 18- RLO Claim# HOURS 07/12/2018 TAD Prepare correspondence to City re: information on conclusion of claim for fees. 0.80 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 254 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905320 Boynton Beach FL 33425 STATEMENT NO: 21212 Attn: Lynn Swanson adv. Russell Hugh Cooper Billing Category: 18- RLO HOURS 07/02/2018 RAA Correspondence with officers' counsel re: research dismissal with prejudice. 0.30 07/03/2018 RAA Correspondence from plaintiffs counsel re: agreed order on Motion to Dismiss. 0.20 07/06/2018 RAA Confer with Attorney DeCarlo re: litigation plan and priority items; Receive/review order setting hearing on officer's motion to dismiss. 0.40 07/07/2018 RAA Review and summarize digital evidence received from officers' counsel. 0.90 07/09/2018 RAA Telephone conference call with officers' counsel re: initial disclosures; Confer with Attorney DeCarlo re: same. 0.30 07/11/2018 IR Conferences with TAD and RAA pertaining to strategies for discovery and other specific issues, as litigation progresses; reviewed co-defendants' various motions to dismiss, and inquiries if the status of deadlines move as a result therefrom. 0.40 07/12/2018 RAA Confer with Attorney DeCarlo re: litigation plan and strategy. 0.50 07/13/2018 RAA Review upcoming pretrial deadlines and update litigation plan; Review incident reports, witness statements, probable cause affidavit, and other documents in file and draft summaries; Telephone conference with plaintiffs counsel re: case specifics and settlement discussion; Follow up correspondences with plaintiffs counsel re: same; Receive/review policy on use of Tasers; Determine additional records needed from City. 3.20 07/16/2018 RAA Correspondences with opposing counsel re: settlement discussions; Review and plan for upcoming pretrial deadlines. 0.30 07/17/2018 RAA Receive/review correspondence re: informal opinion on use of tasers; Review and analyze Complaint's allegations of injury in conjunction with informal opinion received re: use of tasers; Receive/review paperless order requiring plaintiff to show cause; Receive/review plaintiffs response to paperless order; Confer with Attorneys DeCarlo and Sherman re: Page 255 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905320 STATEMENT NO: 21212 adv. Russell Hugh Cooper HOURS responding to request for officer information; Identify additional documents needed from City and make request for same. 1.80 IR Receipt and review of Judge Middlebrook's paperless court order, that the Plaintiff file his responses/objections to several defendants' pending motions to dismiss, or in the alternative, show cause as to why Judge Middlebrooks should not grant the respective defendants' motions to dismiss by default, due by end of business July 19, 2018; prepared tickler pertaining to same. 0.30 07/18/2018 RAA Receive/review court's paperless order on plaintiffs response to show cause order; Draft initial disclosures pursuant to Rule 26; Confer with Attorney DeCarlo re: same; Telephone conference call with opposing counsel re: confidentiality order. 2.90 07/19/2018 TAD Receipt and review of initial disclosures and prepare correspondence re: same. Review trial order and revise outline re: same. Receipt of correspondence re: status of discovery. 1.20 07/20/2018 RAA Receive/review correspondence and attached motion for extension of time to file Amended Complaint; Review and edit Rule 26 initial disclosures; Receive/review correspondence from co-defense counsel's office re: same. 0.80 IR Conference with RAA regarding Plaintiff passed away; updated trial witness tracking chart. 0.60 07/23/2018 RAA Receive/review filed motion for extension of time to file Amended Complaint; Correspondence with Officers' counsel re: initial disclosures; Confer with Attorney DeCarlo re: witnesses to include in initial disclosures; Review and edit initial disclosures; Draft correspondence to Risk Manager re: update on case. 1.70 JAC Review case status and options re: M/Amend or Settle. 1.20 07/24/2018 RAA Telephone conference call with officers' counsel re: documents requested from city and response to plaintiffs request for extension of time; Receive/review additional records re: two witness statements; Correspondences with officers' counsel re: requested records from city; Follow up with City re: additional records requests and status of existing records requests; Request additional records from City; Correspondences with all counsel re: proposed extension of all pre-trial deadlines. 1.90 07/25/2018 RAA Review pending matters and update litigation plan re: initial disclosures and written discovery; Draft motion for continuance of trial and pretrial deadlines; Review order and rules for compliance; Draft proposed order granting motion. 2.40 07/26/2018 RAA Correspondences re: responses to request for records from City; Receive/review letter from officers' counsel re: initial disclosures and review officers' initial disclosures; Edit and finalize City's initial disclosures. 1.10 07/27/2018 RAA Final review and editing of City's Rule 26 disclosures and Motion for Continuance of all unexpired deadlines with proposed order; Draft correspondence to judge with attached proposed order; Receive/Review Court's order granting motions to dismiss and granting plaintiffs motion for Page 256 of 528 Page: 3 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905320 STATEMENT NO: 21212 adv. Russell Hugh Cooper HOURS extension; Receive/review correspondence from officers' counsel re: Rule 26 disclosures; Confer with Attorney DeCarlo re: pending matters and defense strategy; Review file and update litigation plan. 2.00 IR Reviewed all trial orders, including outlines prepared by counsel for the City of Boynton Beach; additional preparation of two week ticklers, following the deadlines as noted in the outline; prepared emails to touch base with the litigation team in an effort to discuss strategy. 0.40 07/28/2018 RAA Revise drafted confidentiality order. 0.40 07/30/2018 RAA Telephone call with co-defense counsel re: proposed joint motion and confidentiality order; Draft correspondence to co-defense counsel re: same; Additional review and changes to confidentiality order. 0.60 TAD Telephone conference with counsel for officers re: experts and status. 0.20 TAD Receipt and review of correspondence from City re: document production and prepare response to same. Telephone conference with officer counsel re: status and expert information. 0.40 07/31/2018 TAD Review documents for response to request. Confer with City re: issues with production. Prepare memorandum re: review. 2.50 FOR CURRENT SERVICES RENDERED 28.90 5,788.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.20 $205.00 $246.00 RYAN A.ABRAMS 21.70 205.00 4,448.50 INGRID RIERA 1.70 125.00 212.50 TRACEY A. DECARLO 4.30 205.00 881.50 TOTAL CURRENT WORK 5,788.50 BALANCE DUE $5,788.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 257 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905331 Boynton Beach FL 33425 STATEMENT NO: 21213 Attn: Lynn Swanson adv. Luchey, Andrew (Demolition) Billing Category: 18- RLO Claim# HOURS 07/26/2018 RAA Review demolition file and determine timeline of events; Summarize information and consider validity of claim. 0.50 07/27/2018 RAA Confer with Attorney DeCarlo re: review and analysis of demolition file. 0.20 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 258 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905336 Boynton Beach FL 33425 STATEMENT NO: 21214 Attn: Lynn Swanson adv. Wright, Bernard (discrimination) Billing Category: 18- RLO Claim# HOURS 07/03/2018 TAD Receipt and review of complaint and claims. Review information from City re: issues. Review statute and case law re: same for meeting. Attend meeting with City re: claim and resolutions. 3.70 07/05/2018 TAD Receipt and review of docket information and order re: orders entered and status. Review case law re: claims. 2.80 07/06/2018 TAD Receipt and review of case law re: claims in complaint. Begin preparation of motion to dismiss. 3.80 07/26/2018 TAD Receipt and review of correspondence re: status. Review docket and orders entered by the COurt re: claims. Prepare correspondence to City re: same. 1.20 07/27/2018 RAA Review order requiring Plaintiffs to provide legal support for claims; Confer with Attorney DeCarlo re: same. 0.30 07/31/2018 IR Extensive review of file and recent Order Requiring Memorial of Law, entered by the Court on July 12, 2018 [received July 30, 2018]; online review of the court pleadings and deadlines to file by Plaintiff, on behalf of his minor child, J.L. 1.20 TAD Receipt and review of correspondence re: claim. Review insurance information re: policy provisions and prepare correspondence to City re: same. Review docket re: status. Review Plaintiffs memorandum in response to Court's order. 1.80 FOR CURRENT SERVICES RENDERED 14.80 2,938.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.30 $205.00 $61.50 INGRID RIERA 1.20 125.00 150.00 TRACEY A. DECARLO 13.30 205.00 2,726.50 Page 259 of 528 Page: 2 CITY OF BOYNTON BEACH 08/02/2018 ACCOUNT NO: 306-9905336 STATEMENT NO: 21214 adv. Wright, Bernard (discrimination) Photocopies 16.10 TOTAL EXPENSES THRU 07/31/2018 16.10 TOTAL CURRENT WORK 2,954.10 BALANCE DUE $2,954.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 260 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905337 Boynton Beach FL 33425 STATEMENT NO: 21215 Attn: Lynn Swanson adv. Daniels, James (Fire Dept Incident) Billing Category: 18- RLO HOURS 07/19/2018 TAD Receipt and review of correspondence re: incident and correspondence from City 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 261 of 528 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 08/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905338 Boynton Beach FL 33425 STATEMENT NO: 21216 Attn: Lynn Swanson adv. Cromarty, Corina (Ambulance accident) Billing Category: 18- RLO HOURS 07/19/2018 TAD Receipt and review of claim letter re: incident. Prepare correspondence to City. Receipt of incident report and SIR and accident information. 1.20 FOR CURRENT SERVICES RENDERED 1.20 246.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.20 $205.00 $246.00 TOTAL CURRENT WORK 246.00 BALANCE DUE $246.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 262 of 528 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-June&July 2018 Cooper v Boynton Beach 10,661.36 Braswell v City 0.00 Jean-Baptiste v Boynton Beach 9,167.21 Andrews v Haugh 0.00 Garber v Dunlop and CBB 0.00 Kimsey v City& Brooks 132.00 Harris v City 0.00 Broberg v City 5,368.10 25,328.67 TOTAL June&July 2018 Outside Counsel - Risk 25,328.67 Page 263 of 528 ROBERTS, REYNOLDS, BEDARD & TUZZ10, 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 July 17, 2018 Attn: Julie Oldbury Bill No. 42092 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Cooper v. Boynton Beach, et al. 18346 Claim#NIA BILL FOR FEES AND COSTS THROUGH 06/30/18 PROFESSIONAL SERVICES Date Services Attorney Hours 05/30/18 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0.90 re: our potential representation of Cynthia Rivera and Marco Villari, need for conflict check, and providing Plaintiffs Complaint & Summonses to Rivera &Villari, and review of same (34 pgs). 05/30/18 Preparation of email response to City Attorney Tracey DeCarlo LHR 0.20 re: our potential representation of Cynthia Rivera and Marco Villari and will complete conflict check and advise. 05/30/18 Preparation of second e-mail response to City Attorney Tracey LHR 0.20 DeCarlo re: confirmation of no conflicts and confirmation of our assignment of representation of Cynthia Rivera and Marco Villari and will timely file response pleading. 05130/18 Review of Complaint and background in preparation for Motion JHL 1.00 to Dismiss Plaintiffs Complaint and in the Alternative, Motion to Strike Prayer for Punitive Damages. 05/30/18 Research case law in preparation for Motion to Dismiss JHL 2.50 Plaintiff's Complaint and in the Alternative, Motion to Strike Prayer for Punitive Damages. 05/30/18 Extensive telephone conference with Boynton Beach Attorney LHR 0.40 Tracey DeCarlo re'. background and assignment of case for defense of Officers Rivera and Villari. 05/31118 CommunicateNVith Client telephone conference with City Risk LHR 0.20 Manager Julie Oldbury re: need for meeting with Officers Cynthia Riviera and Marco Villari to discuss case &defense strategy. 05/31/18 Research USDC Online Docket to obtain copies of any RKD 0.40 documentation filed in case to date. Page 264 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18346- Cooper v. Boynton Beach, et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 05131/18 Receipt and review of Court's executed Order Referring Case & LHR 0.40 Setting Trial Date (3 pgs). 05/31118 Receipt and review of Court's executed Pretrial Scheduling LHR 0.50 Order and Order Referring Case to Mediation (10 pgs). 05/31/18 Receipt and review of Plaintiffs Civil Cover Sheet. LHR 0.20 05/31/18 Review of criminal case docket for Rule 26 disclosure and JHL 0.80 potential Heck v. Humphrey defense. 05/31/18 Initial drafting of Motion to Dismiss Plaintiffs Complaint and in JHL 6.30 the Alternative, Motion to Strike Prayer for Punitive Damages and Memorandum of Law in support thereof. 05/31/18 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0.20 re: acknowledging no conflict for our representation of Officers Cynthia Rivera and Marco Villari. 06/01/18 Correspondence to Julie Oldbury re: Defendants, Cynthia LHR 0.30 Rivera and Marco Villari's Motion to Dismiss Plaintiffs Complaint and Motion to Strike Prayer for Punitive Damages. 06/01/18 Revisions to initial draft of proposed Motion to Dismiss and AGA 1.40 Motion to Strike Punitive Damages. 06/01/18 Telephone conference with City Attorney Tracey DeCarlo re: LHR 0.30 her questions on status of responsive pleading on behalf of Defendants Villari and Rivera and advising Motion to Dismiss being filed this afternoon. 06/01/18 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0,50 re: advising no IA investigation, advising no body cams in use, and providing City's Incident Report, and review of same. 06/01/18 Preparation of email response to City Attorney Tracey DeCarlo LHR 0.20 re: acknowledging receipt of Incident Report and acknowledging no IA investigation and no body cams in use at time of incident. 06/01/18 Receipt and review of Defendant, City of Boynton Beach's LHR 0.60 Motion to Dismiss Plaintiffs Complaint. 06/01/18 Receipt and review of Audit Letter for City of Boynton Beach. LHR 0.10 06/04/18 Telephone conference with City Risk Manager Julie Oldbury re: LHR 0.20 need for meetings with Officers Rivera and Villari. 06104/18 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 need for meetings with Officers Rivera and Villari and requesting their respective contact information for direct communications for defense of case. 06104/18 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: meetings with Officers Rivera and Villari and contact phone numbers. 06/05/18 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0.50 with five color photos of Plaintiff at time of arrest as referenced in incident report, and review of same. Page 265 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18346- Cooper v. Boynton Beach, et al. Page 3 PROFESSIONAL Date Services r 06/05/18 Preparation of email response to City Attorney Tracey DeCarlo LHR 0.20 re: acknowledging receip tof five color photos of Plaintiff at time of arrest as referenced in incident report. 06/05/18 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 meetings with Officer Villari and Officer Rivera. 06/05/18 Organizing and logging in records obtained from Tracey RKD 1.00 DeCarlo, Esq., Counsel for City of Boynton Beach, including incident report, photos, state attorney filing packet, and witness statements. 06/05/18 Preparation for meeting with Officer Marco Villari and potentially LHR 0.60 Officer Cynthia Rivera the next day. 06/06/18 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 meetings with Officer Villari and Officer Rivera. 06/06/18 Receipt and review of email response from City Risk Manager LHR 0.20 Julie Oldbury re: meetings with Officer Villari and Officer Rivera. 06/06/18 Attendance at meetings with Officers Marco Villari and Cynthia LHR 3.20 Rivera at City Hall in Boynton Beach, FL. 06/07/18 Receipt and review of Defendants Pellettere, Schwab-Molina, LHR 0.40 Piva, and White's Motion to Dismiss Plaintiffs Complaint. 06/08/18 Initial drafting of proposed joint discovery plan per Magistrate JHL 1.30 Brannon's scheduling order. 06/11/18 Receipt and review of Defendants Darlyne Bruneau RN, Pierre LHR 0.40 Dorsainvil MD, and Michelene Benjamin RN's Motion to Dismiss Plaintiffs Complaint. 06/12/18 Telephone conference with City attorneys Tracey DeCarlo and JHL 0.20 Ryan Abrams re: scheduling plan and Plaintiffs inability to comply with same. 06/12/18 Preparation of correspondence to Julie Oldbury, Risk Manager, LHR 0.40 City of Boynton Beach, requesting additional file materials. 06/12/18 Revisions to this initial draft of Rule 26 (f) Conference Report AGA 1.00 and Joint Discovery Plan. 06/12/18 Correspondence to Tracey DeCarlo, counsel for Boynton AGA 0.30 Beach, re: initial draft of Rule 26 (f) Conference Report and Joint Discovery Plan. 06/12/18 Receipt and review of correspondence from City Attorney Ryan LHR 0.60 Abrams with cds of photographs of Plaintiff at scene and interior of bank, and copy of surveillance videos, and review of same. 06/12/18 Telephone conference with City attorney Tracey DeCarlo re: JHL 0.20 preparation of joint discovery plan. 06/12/18 Telephone conference with Plaintiff counsel Ryan Abrams re: JHL 0.20 proposed joint discovery plan. Page 266 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18346 - Cooper v. Boynton each, et al. Page 4 PROFESSIONAL SERVICES Date Services Aftorney Hours 06/12/18 Receipt and review of Defendant Bradshaw's (Unopposed) LHR 0.40 Motion for Extension of Time to File Responsive Pleading and proposed Order on same. 06/13/18 Receipt and review of Court's executed paperless Order LHR 0.20 granting Defendant Bradshaw's Motion for Extension of Time to File Responsive Pleading. 06/13/18 Receipt and review of Defendant Geo Care's Motion for LHR 0.30 Enlargement of Time to Respond to Complaint. 06/13/18 Receipt and review of Defendant Bradshaw's Answer& LHR 0.40 Affirmative Defenses to Plaintiffs Complaint& Demand for Jury Trial. 06/13/18 Two telephone conferences with City Attorney Counsel Ryan JHL 0.60 Abrams regarding joint scheduling plan. 06/13/18 Receipt and review of e-mail from Ryan Abram, counsel for JHL 0.10 City, re: City's revisions to Scheduling Report and Discovery Plan. 06/13/18 Receipt and review of City's revisions to Scheduling Report and JHL 0.30 Discovery Plan. 06/13/18 Preparation of email response to Ryan Abram, counsel for City, JHL 0.20 re: City's revisions to Scheduling Report and Discovery Plan. 06/14/18 Receipt and review of e-mail from Plaintiffs counsel Lawson re: LHR 0.20 requesting two week extension for Plaintiff to respond to Defendants Rivera and Villari's pending Motion to Dismiss. 06/14/18 Correspondence to all counsel re: revised proposed Rule 26(f) JHL 0.30 Conference Report and Discovery Plan. 06/14/18 Preparation of email response to Plaintiffs counsel Lawlor re: LHR 0.20 advising of no objection to requested two week extension for Plaintiff to respond to Defendants Rivera and Villari's Motion to Dismiss. 06/14/18 Telephone conference with City counsel Ryan Abrams re: JHL 0.30 status of joint discovery plan and agreement for joint motion for extension of time. 06/14/18 Second telephone conference with City counsel Ryan Abrams JHL 0.20 re: status of joint scheduling plan. 06/14/18 Receipt and review of e-mail from Ryan Abram, counsel for JHL 0.20 City, re: status of Scheduling Report and Discovery Plan. 06/14/18 Receipt and review of e-mail from Ryan Abrams, City attorney, AGA 0.20 re: proposed mediator, Rodney Romano. 06/14/18 Preparation of email response to Ryan Abrams, City attorney, AGA 0.20 re: proposed mediator, Rodney Romano. 06114/18 Receipt and review of e-mail from Craig Lawson, counsel for AGA 0.20 Plaintiff, re: proposed mediator, Rodney Romano. Page 267 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18346- Cooper v. Boynton Beach, et al. Page 5 PROFESSIONAL SERVICES Date ices Attorney Hours 06/14/18 Receipt and review of second e-mail from Craig Lawson, AGA 0.20 counsel for Plaintiff, re: possibility of Ted Deckert if Rodney Romano is unavailable. 06/14/18 Receipt and review of e-mail from Ryan Abrams, counsel for JHL 0.20 City, re: status of Discovery Plan. 06/14/18 Preparation of email response to Ryan Abrams, counsel for JHL 0.20 City, re: advising of status of Discovery Plan. 06/14/18 Receipt and review of second e-mail from Ryan Abrams, JHL 0.20 counsel for City, re: status of Discovery Plan. 06/14/18 Receipt and review of e-mail from James Williams, counsel for AGA 0.20 Bradshaw, re: agreement with proposed mediator, Rodney Romano. 06/14/18 Receipt and review of third email from James Williams, counsel AGA 0.20 for Bradshaw, re: agreement with proposed mediator, Rodney Romano. 06/14/18 Receipt and review of e-mail from Jeffrey Lawley, counsel.for AGA 0.20 GeoCare, re: agreement with proposed mediator, Rodney Romano. 06/14/18 Receipt and review of e-mail from Jessica Butler, counsel for AGA 0.20 Bradshaw, re: revisions to proposed Discovery Plan. 06/14/18 Receipt and review of third email from Ryan Abrams, counsel JHL 0.10 for City, re: proposed Joint Motion for Continuance to file Discovery Plan. 06/14/18 Receipt and review of City's proposed Joint Motion for JHL 0.30 Continuance to file Discovery Plan. 06/14/18 Preparation of e-mail to Ryan Abrams, counsel for City, re: LHR 0.20 revisions to time frame on Joint Motion for Continuance to file Discovery Plan. 06/14/18 Receipt and review of e-mail from Ryan Abrams, counsel for LHR 0.20 City, re: revisions to time frame on Joint Motion for Continuance to file Discovery Plan. 06/14/18 Preparation of second email to Ryan Abrams, counsel for City, LHR 0.20 re: revisions to time frame on Joint Motion for Continuance to file Discovery Plan. 06/14/18 Receipt and review of second e-mail from Ryan Abrams, LHR 0.20 counsel for City, re: revisions to time frame on Joint Motion for Continuance to file Discovery Plan. 06/14/18 Receipt and review of e-mail from Ryan Abrams, counsel for AGA 0.20 City, to Renee Lundy, counsel for Defendants, re: proposed mediator, Rodney Romano. 06/14/18 Receipt and review of e-mail from Renee Lundy, counsel for AGA 0.20 Defendants, to Ryan Abrams, counsel for City, re: agreement with proposed mediator, Rodney Romano. Page 268 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18346- Cooper v. Boynton Beach, et al. Page 6 PROFESSIONAL Date Services Attorney 06/15/18 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Lawlor re: acknowledging & confirming agreement to 2 week extension for Plaintiff to respond to Defendants Rivera & Villari's Motion to Dismiss. 06/15/18 Receipt and review of Court's executed endorsed Order LHR 0.20 granting Defendant Geo Care's Motion for Extension of Time to File Responsive Pleading to Plaintiffs Complaint. 06/15/18 Preparation of proposed Order on Joint Motion for Continuance JHL 0.30 to file Discovery Plan. 06/15/18 Preparation of Notice of Selection of Mediator. JHL 0.30 06/15/18 Receipt and review of e-mail from Jessica Butler, counsel for AGA 0.10 Bradshaw, re: revisions to proposed Joint Discovery Plan and joint proposed FRE 502(d) order. 06/15/18 Receipt and review of Defendant, Bradshaw's, revisions to AGA 0.50 proposed Joint Discovery Plan and joint proposed FRE 502(d) order. 06/15/18 Receipt and review of e-mail from Ryan Abrams, counsel for AGA 0.20 City, re: proposed Joint Motion for Continuance of filing Discovery Plan. 06/15/18 Preparation of email response to Ryan Abrams, counsel for AGA 0.20 City, re: proposed Joint Motion for Continuance of filing Discovery Plan. 06/15/18 Receipt and review of second e-mail from Ryan Abrams, AGA 0.20 counsel for City, re: proposed Joint Motion for Continuance of filing Discovery Plan. 06/15/18 Preparation of second email to Ryan Abrams, counsel for City, AGA 0.20 re: proposed Joint Motion for Continuance of filing Discovery Plan. 06/15/18 Receipt and review of third email from Ryan Abrams, counsel AGA 0.10 for City, re: proposed Joint Motion for Continuance of filing Discovery Plan. 06/15/18 Receipt and review of fourth email from Ryan Abrams, counsel AGA 0.10 for City, re: Plaintiff's counsel's agreement with proposed Joint Motion for Continuance of filing Discovery Plan. 06/15/18 Preparation of third email to Ryan Abrams, counsel for City, re: AGA 0.10 Plaintiffs counsel's agreement with proposed Joint Motion for Continuance of filing Discovery Plan. 06/15/18 Receipt and review of fifth email from Ryan Abrams, counsel AGA 0.10 for City, re: Plaintiffs counsel's agreement with proposed Joint Motion for Continuance of filing Discovery Plan. 06/15/18 Receipt and review of e-mail from Craig Lawson, counsel for AGA 0.20 Plaintiff, re: agreement with Defendants' Joint Motion for Continuance to file Discovery Plan. Page 269 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18346 - Cooper v. Boynton Beach, et al. Page 7 PROFESSIONAL Date Services r 06/15/18 Preparation of fourth email to Ryan Abrams, counsel for City, AGA 0.10 re: Plaintiffs counsel's agreement with proposed Joint Motion for Continuance of filing Discovery Plan. 06/15/18 Receipt and review of second e-mail from Craig Lawson, AGA 0.10 counsel for Plaintiff, re: revisions to the proposed Joint Discovery Plan. 06/15/18 Receipt and review of Plaintiffs revisions to the proposed Joint AGA 0.30 Discovery Plan. 06/15/18 Receipt and review of Plaintiffs Unopposed Motion for LHR 0.40 Enlargement of Time to Respond to Defendant City's Motion to Dismiss. 06/15/18 Receipt and review of sixth email from Ryan Abrams, counsel AGA 0.10 for City, re: proposed Joint Motion for Continuance of filing Discovery Plan. 06/15/18 Preparation of e-mail to Magistrate Brannon re: proposed Order JHL 0.20 on Joint Motion for Continuance to file Discovery Plan. 06/15/18 Receipt and review of Court's executed endorsed Order LHR 0.20 granting Defendants' Joint Motion for Continuance of Deadline to Submit Joint Discovery Plan. 06/15/18 Receipt and review of Court's executed endorsed Order LHR 0.20 granting Plaintiffs Motion for Extension of Time to Respond to City's Motion to Dismiss. 06/20/18 Preparation of Defendants' Notice of Entry of Parties as to LHR 0.20 Rodney Romano, Mediator. 06/22/18 Receipt and review of Plaintiffs Notice of Voluntary Dismissal LHR 0.20 with Prejudice of Defendant Geo Care. 06/22/18 Receipt and review of Plaintiffs Motion for Enlargement of Time LHR 0.30 to Respond to Motion to Dismiss of Defendants Pellettere, Schwab-Molina, Piva &White. 06/22/18 Receipt and review of Court's executed endorsed Order on LHR 0.20 Plaintiffs Motion for Enlargement of Time to Respond to Motion to Dismiss of Defendants Pellettere, Schwab-Molina, Piva & White. 06/25/18 Correspondence to all counsel re: revised proposed Joint LHR 0.30 Discovery Plan. 06/26/18 Revisions to proposed joint scheduling plan. JHL 0.50 06/26/18 Receipt and review of Defendant Armor Corrections' Motion to LHR 0.40 Dismiss Plaintiffs Complaint. 06/26/18 Receipt and review of Defendant Armor Corrections' Motion to LHR 0.30 Deem Motion to Dismiss Timely Filed. 06/26/18 Receipt and review of Court's executed Order Dismissing LHR 0.20 Defendant Geo Care. 06/26/18 Receipt and review of e-mail from Jessica Butler, counsel for JHL 0.20 Bradshaw, re: agreement with proposed Discovery Plan. Page 270 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18346 -Cooper v. Boynton Beach, et al. Page 8 SERVICESPROFESSIONAL Date Services Attorney 06/27/18 Telephone conference with City counsel Ryan Abrams re: JL 0.20 proposed joint discovery plan. 06/27/18 Telephone conference with co-defendant counsel Renee Lundy JHL 0.20 re: proposed joint discovery plan and plans to comply with same. 06/27/18 Preparation of e-mail to City counsel Ryan Abrams re: JHL 0.20 proposed joint discovery plan. 06/27/18 Receipt and review of e-mail from Colleen Edwards of LHR 0.20 Gallagher Bassett, re: advising of Brit excess adjuster David Bachman. 06/27/18 Receipt and review of e-mail from Gallagher Bassett LHR 0.20 Representative Colleen Edwards to City Risk Manager Julie Oldbury re: advising Brit has been notified of claim and status of providing adjuster information for reporting. 06/27/18 Preparation of email response to Gallagher Bassett LHR 0.20 Representative Colleen Edwards and City Risk Manager Julie Oldbury re: acknowledging claim reported to Brit, confirmation of our prior assignment of defense of Villari and Rivera, and confirmation of timely filing of responsive pleading. 06/28/18 Receipt and review of Court's executed endorsed Order LHR 0.20 granting Defendant Armor's Motion to Deem Motion to Dismiss Timely Filed. 06/28/18 Preparation of e-mail to Renee Lundy, counsel for Defendants, JHL 0.20 re: revisions to Joint Discovery Plan. 06/28/18 Receipt and review of e-mail from Renee Lundy, counsel for JHL 0.20 Defendants, re: revisions to Joint Discovery Plan. 06/28/18 Receipt and review of e-mail from Jessica Butler, counsel for JHL 0.20 Bradshaw, re: no revisions to proposed Joint Discovery Plan. O6/28/18 Preparation of second email to Renee Lundy, counsel for JHL 0.20 Defendants, re: revisions to Joint Discovery Plan. 06/28/18 Correspondence to all counsel re: final revised proposed Joint LHR 0.30 Discovery Plan. 06/28/18 Receipt and review of e-mail from Ryan Abrams, City attorney, JHL 0.20 re: revisions to proposed Discovery Plan. 06/28/18 Preparation of email response to Ryan Abrams, City attorney, JHL 0.20 re: revisions to proposed Discovery Plan. 06/28/18 Receipt and review of second e-mail from Ryan Abrams, City JHL 0.20 attorney, re: advising of revisions to proposed Discovery Plan by Jessica Bulter, counsel for Bradshaw. 06/28/18 Preparation of second email to Ryan Abrams, City attorney, re: JHL 0.20 revisions to proposed Discovery Plan. 06/28/18 Receipt and review of e-mail from Craig Lawson, counsel for JHL 0.20 Plaintiff, re: status of proposed discovery plan. Page 271 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18346-Cooper v. Boynton Beach, et al. Page 9 PROFESSIONAL Date Services r 06/29/18 Preparation of e-mail to all counsel re: proposed revision to JHL 0.20 Discovery Plan and confirm ready to be filed with the court. 06/29/18 Receipt and review of e-mail from Renee Lundy, counsel for JHL 0.20 Defendants, re: agreement with proposed revision to Discovery Plan and confirm ready to be filed with the court. 06/29/18 Receipt and review of e-mail from Ryan Abrams, counsel for JHL 0.20 City, re: agreement with proposed revision to Discovery Plan and confirm ready to be filed with the court. 06/29/18 Receipt and review of e-mail from Craig Lawson, counsel for JHL 0.20 Plaintiff, re: agreement with proposed revision to Discovery Plan and confirm ready to be filed with the court. 06/29/18 Receipt and review of e-mail from Jessica Bulter, counsel for JHL 0.20 Bradshaw, re: agreement with proposed revision to Discovery Plan and confirm ready to be filed with the court. 06/29/18 Telephone conference with Jessica Bulter, counsel for JHL 0.20 Bradshaw, re: agreement with proposed revision to Discovery Plan and confirm ready to be filed with the court. 06/29/18 Telephone conference with Jessica Butler, counsel for AGA 0.30 Bradshaw regarding approval of joint discovery plan. 06/29/18 Telephone conference with Ryan Abrams, City Attorney AGA 0.30 regarding plaintiff counsel's request for Agreed Order granting Motion to Dismiss and defense strategies. 06/29/18 Research case law re: whether failure to timely submit a JHL 1.50 memorandum of law in opposition to a motion to dismiss is grounds for dismissal of complaint with prejudice. 06/29/18 Drafting of proposed email to City Attorney Jim Cherof re: JHL 0.50 research on dismissing cases with prejudice for filing untimely memoranda of law. 06/29/18 Receipt and review of second e-mail from Craig Lawson, JHL 0.20 counsel for Plaintiff, re: proposal of agreed order granting all motions to dismiss without prejudice and with leave to file an amended complaint on or before Friday, July 20. 06/30/18 Receipt and review of e-mail from Jim Williams, counsel for JHL 0.20 Bradshaw, to Craig Lawson, counsel for Plaintiff, re: agreement with proposal of agreed order granting all motions to dismiss without prejudice and with leave to file an amended complaint on or before Friday, July 20. PROFESSIONAL SERVICES Code Name Hours Rate Amount AGA Andrea G. Amiga, Partner 7.90 165.00 1,303.50 JHL Jordan H. Lewis, Associate 23.20 140.00 3,248.00 Page 272 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18346- Cooper v. Boynton each, et al. Page 10 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 19.50 165-00 3,217.50 RKD Rebecca K. Davis, Paralegal 1.40 80.00 112.00 Total Professional Services 52.00 $7,881.00 DISBURSEMENTS Date Description Amount 06/06/18 Travel Boynton Beach: attend meeting w/Officers Villari 26.16 and Rivera. Mileage 48 x .545 = $26.16. - Lyman H. Reynolds, Jr. Total Disbursements $ i 26-1 CURRENT BILL 7g907.16 Balance Forward: 0.00 Payments &Adjustments: -0.00 Total Due: $ 7,907.16 Page 273 of 528 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 July 17, 2018 Attn: Julie Oldbury Bill No. 42093 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Jean-Baptiste v. Boynton Beach et al. 18352 cc: claims@bb.fl.us BILL FOR FEES AND COSTS THROUGH 06/30/18 PROFESSIONAL SERVICES Date Services Attorney Hours 06/01/18 Receipt and review of Audit Letter for City of Boynton Beach. LHR 0.10 06/04/18 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0.80 re: background and assignment of defense of Officer Germaine Jones, upcoming deadline for responsive pleading, and need for discussions as to potential removal of case, and review of Plaintiffs Complaint and Summonses to City and Officer Jones attached thereto. 06/04/18 Preparation of email response to City Attorney Tracey DeCarlo LHR 0.20 re: confirmation of no conflict for our representation of Officer Jones, status of responsive pleading, and agreement for removal of case to Federal Court. 06/04118 Telephone conference with City Risk Manager Julie Oldbury re: LHR 0.20 need for meetings with Officer Jones. 06/04/18 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 need for meeting with Officer Jones and requesting his contact information for direct communications for defense of case. 06/04/18 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: meeting with Officer Jones and contact phone number. 06/04/18 Review of Plaintiffs Complaint in preparation of initial draft of JHL 0.80 Motion to Dismiss Complaint. 06/04/18 Research of case law and statutory law in support of Motion to JHL 2.60 Dismiss Complaint. 06/05/18 Receipt and review of Palm Beach County Schools Student JHL 0.30 Code of Conduct Handbook for 2015/16. 06/05/18 Initial drafting of Motion to Dismiss Complaint. JHL 2.80 Page 274 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18352- Jean-Baptiste v. Boynton Beach et al. Page 2 PROFESSIONAL SERVICES Date Services Afforney Hours 06/05/18 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 meeting with Officer Jones. 06/06/18 Research FL and federal cases regarding qualified immunity AGA 1.10 and leg sweeps in preparation of Motion to Dismiss. 06/06/18 Revisions to initial draft of Motion to Dismiss. AGA 1.30 06/06/18 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 meeting with Officer Jones. 06/06/18 Receipt and review of email response from City Risk Manager LHR 0.20 Julie Oldbury re: meeting with Officer Jones. 06/06/18 Preparation of second email to City Risk Manager Julie Oldbury LHR 0.20 re: meeting with Officer Jones. 06/06/18 Receipt and review of second e-mail from City Risk Manager LHR 0.10 Julie Oldbury re: meeting with Officer Jones. 06/06/18 Preparation of third email response to City Risk Manager Julie LHR 0.10 Oldbury re: meeting with Officer Jones. 06/06/18 Correspondence to Julie Oldbury, City, re: Defendant, Officer AGA 0,30 Germaine Jones' Motion to Dismiss Complaint. 06/06/18 Correspondence to Tracey DeCarlo, City attorney re: proposed LHR 0.30 Notice of Removal to Federal Court. 06/06/18 Preparation of Notice of Removal to Federal Court. JHL 0.90 06/06/18 Preparation of Notice of Removal from State Court. JHL 0.60 06/06/18 Telephone conference with City Attorney Tracey DeCarlo re: LHR 0.30 strategy for removal of case to Federal Court, and handling of same. 06/07/18 Receipt and review of e-mail from Tracey DeCarlo, City JHL 0.20 attorney, re: no objection to removal to Federal Court. 06/07/18 Receipt and review of Notice of Appearance of Counsel for LHR 0.20 Defendant City of Boynton Beach. 06/07/18 Research online news articles and videos regarding incident AGA 0.90' involving Plaintiff and Officer Jones. 06107/18 Review of IA Summary, Training Bulletins, and Use of Force AGA 1.80 Policies, and videos of incident in prearation for meeting with Officer Jones. 06/08/18 Telephone conference with City Attorney Tracey DeCarlo re: LHR 0.30 her appearing as counsel for City in case and questions concerning status of responsive pleading on behalf of Officer Jones, and confirming same filed with Court just prior to her filing of Appearance, and will send her copy of same for her file as not yet appearing on docket. 06108/18 Preparation of e-mail to City Attorney Tracey DeCarlo re: LHR 0.20 Motion to Dismiss and Notice of Filing Exhibit thereto, filed on behalf of Officer Jones. Page 275 of 528 Client: City of Boynton each July 17, 2018 Matter: 18352- Jean-Baptiste v. Boynton each et al. Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 06/08/18 Review prior cases involving City of Boynton Beach to obtain RKD 0.80 copies of Police Department's Index Codes related to Use of Force and Response to Resistance as well as locate IA Summary for subject incident. 06/08/18 Attendance at meeting with Officer Jones at the City of Boynton AGA 2.90 Beach in Boynton Beach, Florida. 06/11/18 Receipt and review of USDC Clerk's Notice of Judicial LHR 0.20 Assignment 06/11/18 Receipt and review of Defendant City of Boynton Beach's LHR 0.40 Motion to Dismiss Plaintiffs Complaint. 06/12/18 Preparation of public records request to Palm Beach County LHR 0.60 State Attorney's Office, pertaining to subject incident. 06/12/18 Preparation of public records request to Palm Beach County LHR 0.60 Sheriffs Office pertaining to subject incident. 06/12/18 Preparation of public records request to School District of Palm LHR 0.60 Beach County pertaining to subject incident. 06/12/18 Preparation of correspondence to Julie Oldbury, Risk Manager, LHR 0.40 City of Boynton Beach, requesting additional file materials. 06/12/18 Receipt and review of Court's executed Order Requiring LHR 0.30 Scheduling Report and Certificates of Interested Parties (3 pgs). 06/12/18 Receipt and review of Court's executed Order on Post-Removal LHR 0.20 Procedures. 06/13/18 Telephone conference with T/C with Clerk of Courts regarding JHL 0.30 obtaining correct copy of docket sheet from state court. 06/14/18 Drafting of proposed certificate of interested parties per Court JHL 0.90 order. 06/14/18 Initial Drafting of proposed joint scheduling report and discovery JHL 2.20 plan. 06/14/18 Drafting of initial proposed order setting trial and requiring JHL 0.50 mediation. 06/17/18 Revisions to initial drafts of Joint scheduling Report, Discovery AGA 0.80 Plan, and proposed order setting trial and requiring mediation. 06/19/18 Receipt and review of e-mail from records custodian at Palm RKD 0.20 Beach County Sheriffs office re: follow-up with Boynton Beach Police Department for additional records re: incident pertaining to plaintiff, Kevens Jean-Baptiste. 06/19116 Receipt and review of records from Palm Beach County LHR 0.20 Sheriffs office pertaining to plaintiff, Kevens Jean-Baptiste, pursuant of public records request. 06/19/18 Telephone conference with records custodian at the School RKD 0.20 District of Palm Beach County, requesting additional information pertaining to plaintiff, Kevens Jean-Baptiste, pursuant to public records request. Page 276 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18352 -Jean-Baptiste v. Boynton Beach et I. Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 06/19/18 Receipt and review of correspondence from State Attorney's LHR 0.20 Office re: status of public records request pertaining to Plaintiff, Kevens Jean-Baptiste. 06/22/18 Correspondence to Jim Cherof and Tracey DeCarlo, City AGA 0.30 attorneys, re: proposed Joint Scheduling Report and Discovery Plan, proposed Order Setting Trial and Pre-Trial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge, and proposed Certificate of Interested Parties. 06/22/18 Telephone conference with Tracey DeCarlo counsel for City AGA 0.30 regarding initial disclosures and joint scheduling report and proposed order. 06/22/18 Receipt and review of Plaintiffs Certificate of Interested LHR 0.30 Persons and Corporate Disclosure Statement. 06/22/18 Receipt and review of Plaintiffs Response in Opposition to LHR 0.40 Defendants City &Jones' Motions to Dismiss with Memoranda of Law(12 pgs). 06/25/18 Receipt and review of e-mail from Tracey DeCarlo, City AGA 0.20 attorney, re: no changes to proposed Joint Scheduling Report. 06/25/18 Preparation of email response to Tracey DeCarlo, City attorney, AGA 0.20 re: no changes to proposed Joint Scheduling Report. 06/26/18 Receipt and review of Defendant City of Boynton Beach's LHR 0.20 Corporate Disclosure Statement& Certificate of Interested Parties. 06/26/18 Correspondence to Kevin Anderson, counsel for Plaintiff, and AGA 0.30 Tracey DeCarlo, City attorney, re: proposed Joint Scheduling Report and Discovery Plan. 06/27/18 Research of case law in support of Reply Memorandum of Law JHL 1.00 to Plaintiffs Response to Defendants' Motion to Dismiss. 06/28/18 Initial drafting of Reply Memorandum of Law to Plaintiffs JHL 2.90 Response to Defendants' Motion to Dismiss. 06128/18 Correspondence to Kevin Anderson, counsel for Plaintiff, and JHL 0.30 Tracey DeCarlo, counsel for City, re: follow up on whether they have any objections to the proposed Joint Discovery Plan. 06/28/18 Telephone conference with Plaintiffs counsel Kevin Anderson LHR 0.30 re: Joint Scheduling Order and standard track requirements. 06/29/18 Revisions to initial draft of Reply to Plaintiffs Response to AGA 0.90 Officer Jones' Motion to Dismiss. 06/29/18 Correspondence to Julie Oldbury, claims representative, re: AGA 0.30 Defendant, Germaine Jones' Reply Memorandum of Law to Plaintiffs Response to Defendants' Motion to Dismiss Plaintiff's Complaint. 06/29/18 Receipt and review of Defendant City's Reply to Plaintiffs LHR 0.40 Response to the City's Motion to Dismiss. Page 277 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 18352 - Jean-Baptiste v. Boynton each et al. Page 5 PROFESSIONAL SERVICES Date Services Attorney Hours 06/29/18 Receipt and review of e-mail from Tracey DeCarlo, City, re: AGA 0.20 Defendant, Germaine Jones' Reply Memorandum of Law to Plaintiffs Response to Defendants' Motion to Dismiss Plaintiffs Complaint. 06/29/18 Receipt and review of e-mail from Kevin Anderson, counsel for AGA 0.20 Plaintiff, re: revisions to Scheduling Report and Discovery Plan. 06/29/18 Receipt and review of Plaintiffs revisions to Scheduling Report AGA 0.40 and Discovery Plan. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 12.40 165.00 2,046.00 JHL Jordan H. Lewis, Associate 16.30 140-00 2,282.00 LHR Lyman H. Reynolds, Jr., Partner 9.30 165.00 1,534.50 RKD Rebecca K. Davis, Paralegal 1.20 80.00 96.00 Total Professional Services 39.20 $6,968.60 CURRENT BILL TOTAL AMOUNT DUE $ 6,968.50 Balance Forward: 0.00 Payments&Adjustments: -0.00 Total Due: $ 6,968.60 Page 278 of 528 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm each, Florida 33409 Telephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach July 19, 2018 Attn: claims@bbfl.us Bill No. 42367 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 06/30/18 PROFESSIONAL SERVICES Date Services Attorney Hours 06108/18 Communicate/Other Counsel Correspondence to Charles DPC 0.10 Thomas re: our receipt of client's settlement check and request for signed Release and Statement in order to forward same. 06/20/18 Receipt and review of Plaintiffs Notice of Settlement to notify DPC 0.20 court of same. 06/20/18 Receipt and review of correspondence from Charles Thomas DPC 0.30 re: advising he notified Judge the case settled, will file a notice for same, and will review Release. 06/26/18 Multiple communications with Charles Thomas re: following up DPC 0.20 on status of Release and advising same. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount DPC Danna P. Clement, Partner 0.80 165.00 132.00 Total Professional Services 0.80 $132.00 Page 279 of 528 Client: City of Boynton Beach July 19, 2018 Matter, 12364- Kimsey v. Boynton Beach & Brooks Page 2 CURRENT BILL TOTAL AMOUNT DUE $ 132.00 Balance Forward: 1,836.60 Payments &Adjustments: -1,836.60 Total Due: $ 13100 Page 280 of 528 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite 0-101 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach July 17, 2018 Attn: claims@bbfl.us Bill No. 42091 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 06/30118 PROFESSIONAL SERVICES Date Services Attorney Hours 05/28/18 Review case materials, including Plaintiffs Complaint, Plaintiffs RKD 1.20 Answers and Responses to discovery requests, investigation files, emails, and other documents to identify documents and materials necessary for review at pre-deposition meeting with Julie Oldbury. 06/01/18 Attendance at pre-deposition meeting with Julie Oldbury in AGA 3.40 Boynton Beach, FL. 06/01118 Receipt and review of Audit Letter for City of Boynton Beach. LHR 0.10 06/05/18 Telephone conference with Julie Oldbury regarding FBI tapes AGA 0.30 of interviews of Plaintiff. 06/11/18 Telephone conference with Plaintiffs counsel Alvarez re: need LHR 0.20 for hearing on City's objections to Plaintiffs Interrogatories filed May 11, 2018. 06/11/18 Receipt and review of Plaintiffs Notice of Hearing on Defendant LHR 0.20 City's Objections to Interrogatories Nos. 2 & 3 of Plaintiffs Third Set of Interrogatories. 06/12/18 Receipt and review of e-mail from Jeri Wright with offices of LHR 0.20 Harriett Lewis, counsel for Crawford, re: advising Ms. Lewis passed away last month and her firm's continued cooperation as needed for defense of case. 06/14/18 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.20 issues with deposition of Julie Oldbury and attempting to resolve same. 06/15/18 Telephone conference with City Risk Manager Julie Oldbury re: LHR 0.20 issues with her deposition and attempting to resolve same. 06/15/18 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 issues with her deposition and attempting to resolve same. Page 281 of 528 Client: City of Boynton Beach July 1 , 201 Matter: 15414- Broberg v. Boynton Beach et al. Page PROFESSIONAL SERVICES Date iAttorney 06/15/18 Receipt and review of email response from City Risk Manager LHR 0.20 Julie Oldbury re: acknowledging issues with her deposition and resolving same. 06/15/18 Preparation of second email to City Risk Manager Julie Oldbury LHR 0.10 re: her deposition and resolution of issues concerning same. 06/15/18 Preparation of e-mail to Plaintiffs counsel Alvarez re: issues LHR 0.20 with deposition of Julie Oldbury and resolution of same. 06/15/18 Receipt and review of Plaintiffs Re-Notice of Taking Deposition LHR 0.20 of Julie Oldbury. 06/18/18 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiff's Re-Notice of Taking Deposition. 06/18/18 Research of case law and statutory law in support of City's JHL 1.80 memorandum of law in support of its objections to Plaintiffs Interrogatories and Research applicable statutes and case law regarding objecting to interrogatories on the basis that the question calls for legal conclusion in preparation of responding to Plaintiffs Motion to Compel better answers to interrogatories.. 06/19/18 Initial drafting of memorandum of law in support of City's JHL 1.80 objections to Plaintiffs interrogatories. 06/20/18 Revisions to initial draft of Memorandum of Law in support of AGA 0.40 City's Objections to Plaintiffs Interrogatories Numbers 2 and 3. 06/20/18 Correspondence to Julie Oldbury, City, re: Defendant's AGA 0.30 Memorandum of Law in Support of its Objections to Plaintiffs Interrogatories. 06/20/18 Correspondence to Judge Sasser re: Defendant's AGA 0.30 Memorandum of Law in Support of its Objections to Plaintiffs Interrogatories. 06/25/18 Receipt and review of e-mail from Judge Sasser re: advising LHR 0.20 her division is now paperless and requesting materials for upcoming hearing on Interrogatory Objections to be resent via email. 06/25/18 Preparation of email response to Judge Sasser re: LHR 0.20 acknowledging and confirming her division is now paperless and will comply with her request for materials for upcoming hearing on Interrogatory Objections to be resent via email. 06/25/18 Receipt and review of e-mail from Judge Sasser re: upcoming JHL 0.20 hearing on Defendant's Objections to Interrogatories Nos. 2 and 3 of Plaintiffs Third Set of Interrogatories. 06/26/18 Preparation of e-mail to Judge Sasser re: upcoming hearing on JHL 0.20 Defendant's Objections to Interrogatories Nos. 2 and 3 of Plaintiffs Third Set of Interrogatories. 06/27/18 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.20 issues with upcoming hearing on City's Objections to Interrogatories and need for cancellation of same. Page 282 of 528 Client: City of Boynton Beach July 17, 2018 Matter: 15414 - Broberg v. Boynton Beach et al. Page PROFESSIONAL Date Services r 06/27/18 Preparation of email response to Plaintiffs counsel Alvarez re: LHR 0.20 acknowledging issues with upcoming hearing on City's Objections to Interrogatories and his intention to cancel same. 06/27/18 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Alvarez re: status of Notice of Cancellation of Hearing on City's Objections to Interrogatories. 06/27/18 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.20 Hearing on Defendant City's Objections to Interrogatories Nos. 2 & 3 of Plaintiffs Third Set of Interrogatories. PROFESSIONALI Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 4.70 165.00 775.50 JHL Jordan H. Lewis, Associate 4.00 140.00 560.00 LHR Lyman H. Reynolds, Jr., Partner 3.40 165.00 561.00 RKD Rebecca K. Davis, Paralegal 1.20 80.00 96.00 Total Professional Services 13.30 $1,992.50 DISBURSEMENTS Date Description Amount 06/15/18 Deposition Transcripts#580907 Transcript Michael Caruso 195.50 re: Broberg - Orange Legal Inc. 06/22/18 Deposition Transcripts#581207 Transcript Ronald 289.10 Beesley re: Broberg - Orange Legal, Inc. Total Disbursements $484.60 CURRENT BILL TOTAL AMOUNT DUE $ .1 Balance Forward: 3,626.11 Payments &Adjustments: -3,626.11 Total u 77.1 Page 283 of 528 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 August 13, 2018 Attn: Julie Oldbury Bill No. 42496 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Jean-Baptiste v. Boynton Beach et al. 18352 cc: claims@bb.fl.us BILL FOR FEES AND COSTS THROUGH 07/31/18 PROFESSIONAL SERVICES Date Services Attorney Hours 07/02/18 Telephone conference with Plaintiff counsel Kevin Anderson re: JHL 0.30 joint proposed scheduling order. 07/02/18 Receipt and review of e-mail from Tracey DeCarlo, counsel for JHL 0.20 City, re: revisions to the proposed Discovery Plan. 07/02/18 Preparation of e-mail to Kevin Anderson, counsel for Plaintiff, JHL 0.20 and Ryan Abrams, counsel for City, re: proposed Order Setting. 07/02/18 Receipt and review of second e-mail from Tracey DeCarlo, JHL 0.20 counsel for City, re: revisions to the proposed Discovery Plan. 07/02/18 Preparation of email response to Tracey DeCarlo, counsel for JHL 0.20 City, re: revisions to the proposed Discovery Plan. 07/02/18 Telephone conference with Plaintiff counsel Erica Chaplin re: JHL 0.20 proposed joint scheduling report and order. 07/02/18 Receipt and review of e-mail from Kevin Anderson, counsel for LHR 0.30 Plaintiff, and Ryan Abrams, counsel for City, re: revised Scheduling report and proposed Order setting trial. 07/02/18 Preparation of second email to Kevin Anderson, counsel for LHR 0.20 Plaintiff, re: hold revised Scheduling report and proposed Order setting trial until tomorrow. 07/02/18 Preparation of e-mail to Erica Chaplin, counsel for Plaintiff, re: AGA 0.20 revisions to Joint Scheduling Report and Discovery Plan. 07/02/18 Review of Plaintiffs edits to the proposed Joint Scheduling AGA 0.40 Report and Discovery Plan and proposed Scheduling Order. 07/02/18 Telephone conference with Tracey DeCarlo, counsel for City, AGA 0.30 regarding Plaintiff counsel's changes to proposed scheduling order and joint scheduling report and defense strategies. Page 284 of 528 Client: City of Boynton each August 13, 2018 Matter: 18352- Jean-Baptiste v. Boynton Beach et a]. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 07/02/18 Preparation of second email to Erica Chaplin, counsel for AGA 0.30 Plaintiff, re: additional revisions to Joint Scheduling Report and Discovery Plan. 07/02/18 Telephone conference with Erica Chaplin, plaintiffs counsel, AGA 0.30 regarding revisions to scheduling order and joint scheduling report and discovery plan. 07/02/18 Receipt and review of e-mail from Tracey DeCarlo, counsel for AGA 0.20 City, regarding changes to proposed scheduling order and joint scheduling report and defense strategies. 07/02/18 Receipt and review of e-mail from Erica Chaplin, counsel for AGA 0.10 Plaintiff, re: additional revisions to Joint Scheduling Report and Discovery Plan. 07/02/18 Receipt and review of Plaintiffs additional revisions to Joint AGA 0.40 Scheduling Report and Discovery Plan and Order setting Trial. 07/03/18 Extensive telephone conference with Erica Chaplin, counsel for AGA 0.40 Plaintiff, and City Attorney, Tracey DeCarlo, regarding revisions to proposed joint scheduling report and discovery plan and proposed scheduling order and agreement on Plaintiffs counsel's latest revisions to the same. 07/03/18 Receipt and review of Joint Scheduling Report& Discovery LHR 0.60 Plan with proposed Order Setting Trial & Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge. 07/05/18 Receipt and review of Court's executed Order Setting Trial and LHR 0.60 Pre-Trial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge. 07/06/18 Correspondence to insured Officer Germaine Jones re: LHR 0.20 Mediation and Court's executed Order Setting Trial and Pre-Trial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge. 07/06/18 Correspondence to Plaintiffs counsel Anderson and LHR 0.20 Co-Defendant City's counsel Cherof re: suggested Mediators and Mediation pursuant to Courts requirement to have same selected and set by July 24, 2018. 07/06/18 Receipt and review of Court's executed Order Setting Discovery LHR 0.20 Status Conference. 07/06/18 Initial drafting of Rule 26 disclosures. JHL 2.50 07106/18 Receipt and review of letter stating no videos found pertaining LHR 0.20 to PBSO Case no: 14-075377 pursuant to public records request. 07/06/18 Receipt and review of Court's executed Standing Discovery LHR 0.40 Order for Magistrate Judge Bruce Reinhart. 07109/18 Preparation of second public records request to the School LHR 0.60 District of Palm Beach County, re: records pertaining to School Board Police Case No: 14-007249. Page 285 of 528 Client: City of Boynton each August 13, 2018 Matter: 18352 -Jean-Baptiste v. Boynton each et al. Page 3 PROFESSIONAL SERVICES Date Services Aftorney Hours 07/09/18 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0.20 re: advising of City's agreement with proposed Mediators and Mediation. 07/09/18 Receipt and review of e-mail from Ryan Abrams, City counsel, JHL 0.20 re: status of initial disclosures. 07/09118 Preparation of email response to Ryan Abrams, City counsel, JHL 0.20 re: status of initial disclosures. 07/09/18 Preparation of master trial checklist in accordance with Order RKD 1.00 Setting Trial & PreTrial Schedule entered by Judge Bloom on July 5, 2018. 07/12/18 Receipt and review of correspondence from Plaintiffs counsel LHR 0.20 Anderson re: suggesting Fred Hazouri or Theodore Deckert as potential mediators for case and potential timeframe for Mediation. 07/12/18 Preparation of e-mail to Plaintiffs counsel Anderson re: LHR 0.20 advising of non-agreement to utilizing Fred Hazouri or Theodore Deckert mediator for case and Mediation. 07/13/18 Correspondence to insured Officer Germaine Jones re: LHR 0.20 Mediation. 07/13/18 Telephone conference with City counsel Ryan Abrams re: JHL 0.20 status of City's Rule 26 disclosures. 07/13/18 Receipt and review of e-mail from Ryan Abrams, counsel for JHL 0.20 Plaintiff, re: status of Rule 26 Disclosures. 07/13/18 Preparation of email response to Ryan Abrams, counsel for JHL 0.20 Plaintiff, re: status of Rule 26 Disclosures. 07/16/18 Preparation of e-mail to Ryan Abrams, counsel for City, re: JHL 0.20 status of City's Rule 26 Disclosures. 07/16/18 Receipt and review of e-mail from Tracey DeCarlo, City JHL 0.10 attorney, re: City's proposed Initial Disclosure. 07/16118 Preparation of email response to Tracey DeCarlo, City attorney, JHL 0.20 re: City's proposed Initial Disclosure. 07/16/18 Additional preparation of Officer Jones' proposed Rule 26 JHL 1.50 disclosure. 07/16/18 Telephone conference with City counsel Tracey DeCarlo re: JHL 0.20 Rule 26 Disclosure and requested documents. 07/16/18 Correspondence to City counsel Tracey DeCarlo requesting JHL 0.20 documents for Rule 26 disclosure and those made in prior request to City Director of Human Resources Julie Oldbury. 07/16/18 Receipt and review of City's proposed Initial Disclosure. JHL 0.40 07/17/18 Telephone conference with Plaintiff counsel Ryan Abrams re: JHL 0.20 Rule 26 disclosure and pending request for documents. 07/17/18 Receipt and review of Defendant City of Boynton Beach's Initial LHR 0.50 Disclosures for Trial. Page 286 of 528 Client: City of Boynton each August 13, 2018 Matter: 18352 -Jean-Baptiste v. Boynton Beach et W. Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 07/17/18 Receipt and review of Plaintiffs' Initial Disclosures for Trial' LHR 0.50 Pursuant to Rule 26 of the Florida Rules of Civil Procedure. 07/18/18 Preparation of e-mail to Plaintiffs' counsel Anderson & City LHR 0.20 Attorney Cherof re: follow up on status of parties' selection of Mediator and status of Mediation pursuant to Court's deadlines for setting same. 07/18/18 Receipt and review of e-mail from Plaintiffs counsel Anderson LHR 0.20 re: Mediator selection issues and status of timely complying with Court's directives on selection and scheduling. 07/19/18 Receipt and review of e-mail from Tracey DeCarlo, City JHL 0.20 attorney, re: status of case. 07/19118 Preparation of email response to Tracey DeCarlo, City attorney, JHL 0.20 re: status of case. 07/23/18 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0.20 re: status of Mediation and potential mediators. 07/23/18 Preparation of email response to City Attorney Tracey DeCarlo LHR 0.20 re: status of Mediation and potential mediators. 07/23/18 Preparation of second e-mail response to City Attorney Tracey LHR 0.10 DeCarlo re- potential mediator Kevin O'Brien. 07/24/18 Receipt and review of Plaintiffs Joint Selection of Mediator and LHR 0.30 proposed Order Setting Mediation. 07/24/18 Receipt and review of e-mail from Plaintiffs counsel Anderson LHR 0.20 to Judge Bloom re: proposed Order Setting Mediation. 07/26118 Correspondence to insured Officer Jermaine Jones re: Joint LHR 0.20 Selection of Mediator, Notice of Mediation, and Court's Order Setting Mediation. 07/26/18 Receipt and review of Notice of Mediation. LHR 0.40 07/26/18 Receipt and review of Court's executed Order Setting LHR 0.20 Mediation. 07/26/18 Receipt and review of prepayment invoice from the Office of the LHR 0.20 State Attorney of Palm Beach County, for records pertaining to Jermaine Jones Case No.; 2014PI000032A99, pursuant to public records request. 07/26/18 Receipt and review of e-mail from Officer Jones re: LHR 0.20 acknowledging receipt of Mediation Notice and Order. 07/26/18 Preparation of email response to Officer Jones re: need for LHR 0.20 conference to discuss case. 07/27/18 Receipt and review of records from the School District of Palm LHR 0.50 Beach County pertaining to plaintiff, Kevens Jean-Baptiste, pursuant to public records request. Page 287 of 528 Client: City of Boynton each August 13, 2018 Matter: 18352 -Jean-Baptiste v. Boynton each et al. Page 5 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 2.60 165-00 429.00 JHL Jordan H. Lewis, Associate 8.20 140.00 1,148.00 LHR Lyman H. Reynolds, Jr., Partner 8.60 165-00 1,419.00 RKD Rebecca K. Davis, Paralegal 1.00 80.00 80.00 Total Professional Services 20.40 $3,076.00 DISBURSEMENTS Date Description Amount 06/08/18 Travel Boynton Beach: Tolls, submitted late due to 1.29 Sunpass online issues. Attend meeting w/Officer Jermaine Jones, $1.29-Andrea Amigo 07/27/18 Outside Printing Records- Case no: 2014PI000032A99- 131.42 Office of the State Attorney Total Disbursements $132.71 CURRENT BILL TOTAL AMOUNT DUE $ 3,208.71 Balance Forward: 5,958.50 Payments&Adjustments: -5,958.50 Total Due: $ 3,208.71 Page 288 of 528 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia rive® Suite C-101 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach August 13, 2018 Attn: claims@bbfl.us Bill No. 42494 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 07/31/18 PROFESSIONAL SERVICES Date Services Attorney Hours 07/05/18 Review case materials, including Plaintiffs Complaint, Plaintiffs RKD 1.20 and Defendant's Answers and Responses to discovery requests, emalls, investigative files, and other documents to identify documents and materials necessary for review at pre-deposition meeting with Lori LaVerriere. 07/06/18 Preparation of case materials, including Plaintiffs discovery RKD 0.70 responses, City's investigative file, and other documents and potential exhibits for use at Plaintiffs deposition of Julie Oldbury. 07/09/18 Review of file materials including pleadings, pre-determination AGA 2.90 hearing transcript, correspondence, discovery responses in prep for upcoming predepo conference with City Manager Lori Laverriere. 07/10/18 Attendance at pre-deposition conference with City Manager Lori AGA 2.70 Laverriere in Boynton Beach, FL. 07/10/18 Preparation of e-mail to Ms. LaVerriere re: Gladys Cannon's AGA 0.30 statement. 07/19/18 Telephone conference with Plaintiffs counsel Alvarez re. issues LHR 0.20 with deposition of City Manager Lori LaVerriere and cancellation of same. 07119/18 Preparation of e-mail to City Manager Lod LaVerriere re: LHR 0.20 advising of Plaintiffs counsel's conflict with her deposition and intention to cancel same for Monday and reset for later date. 07/19/18 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.20 issues with deposition of City Manager Lori LaVerriere and filing Notice of Cancellation of same. Page 289 of 528 Client: City of Boynton Beach August 13, 2018 Matter: 15414- Broberg v. Boynton Beach et al. Page 2 PROFESSIONALI Date Services Attorney 07/19/18 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Alvarez re: apologizing for late cancellation of deposition of City Manager Lori LaVerriere and confirming he does intend to proceed with deposition of Julie Oldbury on July 25. 07/19/18 Receipt and review of email response from City Manager Lori LHR 0.20 LaVerriere re: acknowledging and confirming cancellation of her deposition. 07/19/18 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.20 Deposition of Lori LaVerriere. 07/19/18 Preparation of second email to City Manager Lori LaVerriere re: LHR 0.20 Plaintiffs Notice of Cancellation of Deposition. 07/19/18 Receipt and review of e-mail from City Risk Manager Julie LHR 0.30 Oldbury re: questions on status of her upcoming deposition in light of Plaintiffs cancellation of Ms. LaVerriere's deposition. 07/19/18 Preparation of email response to City Risk Manager Julie LHR 0.30 Oldbury re: answering her questions on status of her upcoming deposition in light of Plaintiffs cancellation of Ms. LaVerriere's deposition and confirming Plaintiffs counsel has advised he intends to proceed as scheduled. 07/25/18 Attendance at Plaintiffs deposition of Julie Oldbury in Boynton AGA 8.70 Beach, FL (deposition was not concluded;will be continued at later date). PROFESSIONAL Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 14.60 165.00 2,409.00 LHR Lyman H. Reynolds, Jr., Partner 2.00 165.00 330.00 KD Rebecca K. Davis, Paralegal 1.90 80.00 152.00 Total Professional Services 18.60 $2,891.00 CURRENT I $ 2,891.00 Balance Forward: 21477.10 Payments&Adjustments: -2,477.10 Total2,891-00 Page 290 of 528 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 August 13, 2018 An: Julie Oldbury Bill No. 42495 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Cooper v. Boynton Beach, et al. 18346 Claim#N/A BILL FOR FEES AND COSTS THROUGH 07/31/18 PROFESSIONAL SERVICES Date Services Attorney Hours 07/01/18 Preparation of e-mail to Ryan Abrams, Jim Cherof and Tracey JHL 0.20 DeCarlo, City attorneys, re: research on Motion to Dismiss Plaintiffs Complaint. 07/01/18 Preparation of master trial checklist in accordance with Order RKD 1.00 Setting Trial & PreTrial Schedule entered by Judge Brannon. 07/01/18 Preparation of master trial checklist in accordance with Order RKD 1.00 Directing Pre-Trial Procedure and.Setting Jury Trial entered by Judge Roby. 07/02/18 Receipt and review of e-mail from Ryan Abrams, counsel for JHL 0.20 City, re: consenting to Plaintiffs proposed Agreed Order granting all Defendants' Motions to Dismiss and Motion for Leave to Amend Complaint. 07/02/18 Receipt and review of second e-mail from Ryan Abrams, JHL 0.20 counsel for City, re: consenting to Plaintiffs proposed Agreed Order granting all Defendants' Motions to Dismiss and Motion for Leave to Amend Complaint. 07/02/18 Preparation of e-mail to Craig Lawson, counsel for Plaintiff, re: AGA 0.30 consenting to Plaintiffs proposed Agreed Order granting all Defendants' Motions to Dismiss and Motion for Leave to Amend Complaint. 07/03/18 Receipt and review of e-mail from Craig Lawson, counsel for LHR 0.20 Plaintiff, re: accepting service for William Muhleisen, Jr.. 07/03/18 Preparation of email response to Craig Lawson, counsel for LHR 0.20 Plaintiff, re: cannot accept service for William Muhleisen, Jr.. 07/06/18 Initial drafting of Rule 26 disclosures. JHL 2.50 Page 291 of 528 Client: City of Boynton Beach August 13, 2018 Matter: 18346- Cooper v. Boynton Beach, et al. Page 2 PROFESSIONAL SERVICES Date Services Afforney Hours 07/09/18 Receipt and review of Co-Defendants' Notice of Production LHR 0.30 from Non-Party and proposed Subpoenas to Records Custodians of Bethesda Memorial Hospital and Wellington Regional Medical Center. 07/09/18 Receipt and review of e-mail from Ryan Abrams, City counsel, JHL 0.20 re: status of initial disclosures. 07/09/18 Preparation of email response to Ryan Abrams, City counsel, JHL 0.20 re: status of initial disclosures. 07/10/18 Receipt and review of Defendant PBSO's Request for Copies to LHR 0.20 Co-Defendants Armor Correctional, et al., for records received pursuant to their Notice of Production from Non-Party dated July 9, 2018. 07/16/18 Receipt and review of Court's executed paperless Order LHR 0.20 directing Plaintiff to file his Responses to Defendants' pending Motions to Dismiss by July 19, 2018 or to Show Cause why Motions to Dismiss should not be granted by default. 07117/18 Receipt and review of Clerk's Notice of Resetting Deadline for LHR 0.20 Plaintiff to respond to Defendants' pending Motions to Dismiss to July 19, 2018. 07/17/18 Receipt and review of Plaintiffs Response to Order to Show LHR 0.40 Cause with exhibit thereto and proposed Order granting same. 07/17/18 Receipt and review of Court's executed paperless Order on LHR 0.20 Court's Motion to Show Cause, granting Plaintiff until July 20 in which to file an Amended Complaint. 07/18118 Receipt and review of Defendants Armor Correctional, LHR 1.20 Bruneau, Dorsainvil, Benjamin, Schwab-Molina, Piva, and White's Notice of Compliance with Mandatory Disclosures Pursuant to FRCP 26(a)(1) for trial with attachments thereto (98 pgs). 07/20/18 Receipt and review of e-mail from Plaintiffs counsel Lawson re: LHR 0.40 advising his client Mr. Cooper has passed away, his intention to file Notification of Death & Motion for Extension of Time to Serve Amended Complaint and to Effect Service of Process, and potential settlement negotiations, and review of proposed Notification and Motion attached thereto. 07/20/18 Correspondence to insureds Officer Rivera and Officer Villari LHR 0.20 re: advising of passing of Mr. Cooper, Plaintiffs intended Notification of Death & Motion for Extension of Time to be filed with the Court, and potential global settlement negotiations. 07/20/18 Receipt and review of Plaintiffs Notification of Death and LHR 0.40 Motion for Extension of Time to Serve Amended Complaint and to Effect Service of Process with proposed Order granting same (as filed with the Court). 07/23/18 Receipt and review of Clerk's Notice of Filing Plaintiffs Motion LHR 0.20 for Extension of Time to File Amended Complaint as separate docket entry. Page 292 of 528 Client: City of Boynton Beach August 13, 2018 Matter: 18346- Cooper v. Boynton Beach, et al. Page 3 PROFESSIONAL SERVICES Date ; Attorney 07/23/18 Receipt and review of Clerk's Notice to Plaintiff that Notice of LHR 0.20 Death and Motion for Extension of Time were fled incorrectly as one relief, however, Clerk has corrected same and docketed the Motion for Extension of Time as separate document. 07/23/18 Preparation of e-mail to Ryan Abrams, counsel for City, re: JHL 0.20 status of Rule 26 Disclosures. 07/23/18 Receipt and review of e-mail from Ryan Abrams, counsel for JHL 0.20 City, re: City's proposed Rule 26 Disclosures. 07/23/18 Receipt and review of City's proposed Rule 26 Disclosures. JHL 0.40 07/23/18 Preparation of second email to Ryan Abrams, counsel for City, JHL 0.20 re: status of Rule 26 Disclosures. 07/24/18 Telephone conference with Plaintiff counsel Ryan Abrams re: JHL 0.30 Rule 26 disclosures, request for discoverydocuments, and potential request for extension of discovery deadline due to death of Plaintiff. 07/24/18 Review of City's Rule 26 Disclosure and documents in file in JHL 1.00 preparation for Officer Rivera and Villari's Rule 26 Disclosure. 07/24/18 Further drafting of Officers Rivera and Villari's Rule 26 JHL 0.30 Disclosure. 07/24/18 Preparation of e-mail to Ryan Abrams, counsel for City, re: a JHL 0.20 list of requested documents from the City. 07/24/18 Receipt and review of e-mail from Ryan Abrams, counsel for JHL 0.10 City, re: a list of requested documents from the City. 07/24/18 Receipt and review of City's policies and manuals in response JHL 1.00 to the requested documents from the City. 07/24/18 Preparation of second email to Ryan Abrams, counsel for City, JHL 0.20 re: a list of requested documents from the City. 07/24/18 Receipt and review of second e-mail from Ryan Abrams, JHL 0.10 counsel for City, re: City of Boynton Beach Police Department list of policies. 07/24/18 Receipt and review of City of Boynton Beach Police Department JHL 0.40 list of policies. 07/24/18 Receipt and review of e-mail from Ryan Abrams, counsel for LHR 0.30 City, to all counsel re: 90 day extension of all remaining deadlines set forth in the court's pre-trial scheduling order including the trial date. 07/26/18 Revision to initial draft of Defendants' Rule 26 Initial Disclosure. AGA 0.40 07/26/18 Correspondence to Officer Cynthia Rivera and Officer Marco AGA 0.30 Villari re: proposed Rule 26 Initial Disclosures. 07/26/18 Receipt and review of e-mail from Ryan Abrams, counsel for JHL 0.20 City, re: adopting Defendants, Rivera and Villari's Rule 26 Initial Disclosures. Page 293 of 528 Client: City of Boynton Beach August 13, 2018 Matter: 18346- Cooper v. Boynton Beach, et al. Page 4 PROFESSIONAL SERVICES Date Services rHours 07/27/18 Receipt and review of Court's executed Order on Defendants' LHR 0.30 Motions to Dismiss and Motion for Extension of Time to Serve Process and Amend Complaint. 07/27/18 Correspondence to insured Officers Cynthia Rivera and Marco LHR 0.20 Villari re: Court's executed Order on Defendants' Motions to Dismiss and Motion for Extension of Time to Serve Process and Amend Complaint. 07/27/18 Correspondence to Julie Oldbury, claims representative, re: JHL 0.30 Defendants, Cynthia Rivera and Marco Villari's Rule 26(a)(1) Initial Disclosures. 07/27/18 Receipt and review of Defendant City's Initial Rule 26 LHR 0.50 Disclosures. 07/27/18 Receipt and review of Defendant City's Unopposed Motion for LHR 0.40 Continuance of the Trial Date and All Unexpired Pretrial Deadlines. 07/30/18 Telephone conference with telephone conference with City JHL 0.30 counsel Ryan Abrams re: proposed confidentiality agreements. 07/30/18 Receipt and review of Defendant Bradshaw's Rule 26 Initial LHR 0.50 Disclosures. 07/31/18 Preparation of Defendants, Rivera &Villari's Request for LHR 0.30 Copies to Defendants, Peilettere, Schwab-Molina. Piva, White Bruneau, Dorsainvil, Benjamin &Armor, pursuant to Notice of Production from Non-Party, dated July 9, 2018. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 1.00 165.00 165.00 JHL Jordan H. Lewis, Associate 8.90 140.00 1,246.00 LHR Lyman H. Reynolds, Jr., Partner 7.00 165.00 1,155.00 RKD Rebecca K. Davis, Paralegal 2.00 80.00 160.00 Total Professional i 18.90 -i2,726.00 DISBURSEMENTS Date Description Amount 07/19/18 Photocopies 28.20 Total Disbursements Page 294 of 528 Client: City of Boynton Beach August 13, 2018 Matter: 18346- Cooper v. Boynton Beach, et al. Page 5 CURRENT BILL TOTAL AMOUNT DUE $ 2,764.20 Balance Forward: 7,907.16 Payments &Adjustments: -7,907.16 Total Due: $ 2,764.20 Page 295 of 528 6.F. CONSENTAGENDA 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on August 7, 2018. EXPLANATION OF REQUEST: The City Commission met on August 7, 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 08-07-18 Page 296 of 528 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, AUGUST 7, 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 Mayor Stephen Grant gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Justin Katz Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested a closed door session for the Quantum Park litigation; Secured Holding under Legal item 12.G. Commission Casello requested to move Legal 12.B to New Business as item 11.D Commissioner McCray requested to pull items C, E, G, H, M from the consent agenda, 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Page 297 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz indicated he had nothing to disclose. Commissioner McCray stated he had nothing to disclose. Congratulated Mayor Grant on his recent marriage. Vice Mayor Romeius had nothing to disclose. Commissioner Casello reported nothing to disclose. Reminded everyone the primary electionwas fast approaching. Please remember to do your constitution duty and vote. Mayor Grant stated he attended the City quarterly orientation for new hires. He also attended the Metropolitan Planning Organization Advisory Council. He explained there were 21 organizations in the State of Florida. This organization allows Cities to have a unified voice when dealing with the legislation in regards to gas tax dollars. August 4th attended the Boynton Beach House of Kingdom Worship i st annual Back to School Basi i and the Youth Empowerment Conference. August 6th attended Crosspointe Elementary School for the new teacher breakfast. Completed the Town Square signing, which included the bond documents as well as the lease agreements. August 7th, Secret Gardens had their Culinary job fair. Indicated he and Vice Mayor Romelus served as celebrity chefs. They had a mystery chef from South Tech Academy in attendance. Lori LaVerriere, City Manager advised the Commission the closing for the bonds should be this week. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Announcement by Andrew Mack, Director of Public Works and Engineering, regarding moving dates and temporary locations of City Hall, Police Station, and Library due to the Town Square Project. Andrew Mack, Director of Public Works and Engineering, said he was excited about the Town Square project kick off. Informed the Commission the Customer Service Department will be closed on Friday, August 17, 2018 and will re-open on Monday, August 20, 2018 at their new address at 209 North Seacrest Blvd. The Development and permitting offices will be closed on August 31, 2018, and will reopen on Tuesday, September 4, 2018. The new location is 3301 Quantum Boulevard, Suite 101. The Police Records and Internal Affairs will be closed on September 23rd, and will reopen on September 24th at their new location 209 North Seacrest Boulevard. The Library was closed on July 12th and is scheduled to be opened on August 13, 2018, 2 Page 298 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Mayor Grant asked if this information would be on social media. Mr. Mack indicated it would be as well as on signs throughout the City. Lori LaVerriere indicated notice of the move will be going out in the Utility bills. Commissioner McCray asked about signage at the new Library. Mr. Mack indicated they were currently working on the signage issue. B. Announce upcoming Sara Sims Park Project Vendor Fair on August 8, 2018 to be held at Intracoastal Park Clubhouse, 2240 N Federal Highway beginning at 8:OOam and ending at 10:00am. David Scott, Director of Economic Development, announced the Vendor Fair for the Sara Sims Park Project on August 8, 2018, at the Intracoastal Park Clubhouse, located at 2240 N. Federal Highway. Notification were sent out via postcards and flyers. Staff would be on hand to work with the vendors on the process. This was part of Building Wealth in the Community. Commissioner 1"V1cCray thanked staff for their efforts regarding reclaimed water. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Jerry Taylor, 1086 SW 26 Avenue, attended the Culinary Job Fair and congratulated the Mayor on his marriage. Richard Radcliffe, Executive Director of Palm Beach County League of Cities, 301 North Olive, thanked Boynton Beach for passing a resolution on Home Rule. Home Rule was commemorating its 50th year. Home Rule give each City its character and the ability to set its own standards. Commissioner Casello indicated Home Rule will be his first priority in Tallahassee. Chris Tucker, 500 Via Lugano Circle, Apt. 204, asked why the afterschool program was cut three-weeks prior to school opening. There were parents which had to scramble to secure childcare for their children. The parents received a letter of cancellation for the program. He was told there were problems with the building, but was told money was not the issue. He believes the City does not care about the people nor the children which utilize the afterschool program. The parents should have been informed before the school year ended. The Commission only cares about the people during election time. Mr. Tucker presented a petition of families affected by the aftercare closures. 3 Page 299 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Mayor Grant stated the Parks and Recreation Department was trying to find a supervised recreational program for the families. There needed to be something in the works for families which need afterschool care. Mayor Grant stated he does not know what can be done to help those families. Dr. Pitor Blass, 113 Tara Lakes Drive, supports the spirit and the determination of children. He would like to welcome a new reporter from the University Georgia. Home Rule was important. He was running for Mayor; indicated Boynton Beach already had the best Mayor on the books. Using technology and public/private partnership programs the minimum wage should be $50 in Boynton Beach. He was the write-in candidate for Governor of Florida. Robert Simpson, 1425 Princeton Lane, said the City Boynton Beach has one of the best aftercare programs around. His family has made new friends and was disappointed with the email which he received regarding the cancelation of the afterschool program. There are many parents that still need to find aftercare programs for their children. Erica King, 2930 South Seacrest Blvd, has dealt with the Boynton Beach Recreation Department for many years. What concerns her was the employees at the Hester Center did not know what was going on. There was no communication between staff and the parents. Three weeks was not enough time for the parents to find suitable aftercare arraignments. The price of aftercare is double at the local school. The breakdown in communication and the timeframe in which the parents were given was unacceptable. She was disappointed with the City. Laurel Francis-Tucker, 500 Via Lugano Circle, Apt#204, noted her daughters love the Boynton Beach Recreational Center. The children were already devastated with the closure of the art center, now the aftercare has been cancelled. Staff was unaware the program was cancelled. Please do not forget about the aftercare when planning for the future. All the staff are really nice to the children. Tiffany Sanchez, 6372 Willoby Circle, stated her child plays sports at the aftercare. She grew up in Boynton Beach; so much has been taken away. Rose Marie Michel, 2634 Quantum Lakes of Boynton, informed the Commission her children have participated in the aftercare program for several years. What concerns her was the lack of responsiveness from the City. The parents have reached out to Mayor Grant regarding the cancellation of the aftercare. She feels that someone dropped the ball and they should be held accountable. Asked the City to show true compassion for the parents of those children without after school care. Mayor Grant inquired if there was information regarding what was going on with the Parks and Recreation programs and if there was a Funfare magazine for the fall. Ms. LaVerriere stated the summer camp for next year was not being cancelled. 4 Page 300 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Mayor Grant noted seeing no one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 1 Reg and 2 Alts Planning & Development Bd: 1 Alt Recreation and Parks Bd: 1 Reg Senior Advisory Bd: 1 Alt Mayor Grant read the open positions. Commission McCray indicated he would not appoint anyone to the Planning and Development Board, he wanted to wait and get additional applications. He will appoint at the next Commission meeting. Motion Commissioner Casello moved to nominate Kevin Lee to the Recreation and Parks Board (Reg). Commissioner McCray seconded the motion. Vote The motion unanimously passed B. Commission to discuss the following: Moving the September 4, 2018 Commission meeting to Thursday, September 6, 2018 in order to hold the First Public Hearing on the FY 18/19 Budget; Schedule a Special Commission meeting on Tuesday, September 11, 2018 at 6:00pm prior to the CRA meeting to consider a Final Fire Assessment Rate Resolution; and Schedule a Special Commission Meeting on Thursday, September 20, 2018 to hold the Second and Final Public Hearing on the FY 18/19 budget. All to be held at Intracoastal Park Clubhouse Mayor Grant asked if everyone was in agreement with the budget hearing dates. 5 Page 301 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Commissioner McCray stated this was scheduled every year and every year it becomes a hustle with changing the dates and times for the meetings. Commissioner McCray wanted to know why two Thursday's instead of one. Ms. LaVerriere responded the City needed to wait until the School Board and Palm Beach County Commission establish their Public Hearing dates. By law the City was prohibited from scheduling a meeting date in conflict with the County and the School Board dates. Ms. LaVerriere informed the Commission these dates change every year. The trim schedule and the Fire assessment adoption are mandated by Florida Statute. The City does not have much flexibility in regards to the timeframe. Mayor Grant requested a Special Commission meeting on Tuesday, September 11, 2018 at 6:00 p.m. prior to the CRA meeting to consider the final Fire Assessment Rate resolution. Inquired if the Commission was in agreement with this date. There was a consensus. Mayor Grant said the Commission needed to schedule a Special Commission Meeting or, September 20, 2018 to hold the second and final Public Hearing on fiscal year 2018/2019 budget. Mayor Grant asked how this meeting would last. Ms. LaVerriere indicated it was up to the Commission. Mayor Grant asked the Commission if they wanted to have two meetings that week or does the Commission want to move the meeting from September 18, 2018, to September 20, 2018 to have only one meeting that week. He understands Commissioner McCray had other obligations. Commissioner Casello said whatever works for the majority of the board. Commissioner Katz wanted to move the meeting from September 17, 2018 to Thursday September 20, 2018. Commissioner McCray stated he did not have a problem with the Monday meeting. Commissioner Katz indicated he did not have a problem with having both meetings on September 20tH Ms. LaVerriere, said this was the first year that neither date worked. Commissioner Katz wanted to clarify the November 6th meeting was being moved to November 7tH Tim Howard replied the meeting was moved from Tuesday, November 6th to Wednesday, November 7, 2018. I 6 Page 302 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 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. R18-097 -Commemorating 50 years of Home Rule for municipalities in Florida. B. PROPOSED RESOLUTION NO. R18-098 - Authorize the Mayor to sign an agreement between City of Boynton Beach and Boynton Beach Bikeshare LLC for the financing, implementation, management, operation and marketing of a self-service bike sharing system. C. PROPOSED RESOLUTION NO. R18-099 - Authorize the City Manager to sign a security agreement between The School Board of Palm Beach County, Florida and the City of Boynton Beach to provide Law Enforcement Agency Officers at schools within Boynton Beach while the School District works to hire additional full-time school police officers. Commissioner McCray asked for clarification regarding the City reimbursement for the officers being utilized. Requested an explanation on how the school officer slots are being filled. Asked if it was one school at a time or one person for each school. Police Chief Michael Gregory responded there was a schedule to fill the opening for the schools within Boynton Beach. Explained he has already spoken with the County regarding Boynton Beach Police would have a priority in getting the officers back from the school and onto the streets. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. D. PROPOSED RESOLUTION NO. R18-100 - Authorize the Mayor to enter into a Interlocal Agreement between the City and Boynton Beach Community Redevelopment Agency to fund intersection enhancements associated with Florida Department of Transportation's US 1/Federal Highway Project. 7 Page 303 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 PROPOSED RESOLUTION NO. R18-101 - Authorize the Mayor to enter into a Landscape Maintenance Memorandum of Agreement between the City and Florida Department of Transportation to agree to fund and maintain the intersection enhancements, subject to final approval by City Attorney. E. PROPOSED RESOLUTION NO. R18-102 - Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) application for funding authorizing the City Manager's execution and the activities submitted in the City of Boynton Beach's One Year Action Plan for FY2018-2019. The anticipated Community Development Block Grant allocation is $544,399, and the re- appropriation of non-expended funds from previous year allocation is $200,000. Commissioner McCray explained this money was already allocated and has been promised to the different agencies within this City. Octavia Sherrod, Community Improvement Manager confirmed this was correct. Vice Mayor Ro�relus requested clarification. Asked if there was $200,000 which was not expended and it was being moved over to this year's budget. Ms. Sherrod responded this was correct. Mayor Grant asked if any agencies slated to receive any of the $200,000 was going to receive their funding. Ms. Sherrod stated they would. Mayor Grant asked what was the public service allocation for the City. Ms. Sherrod responded the public service allocation was $81,659 for this fiscal year. Ms. Sherrod presented a PowerPoint and an action plan was developed and submitted annually to meet HUD statutory requirements to receive CDBG funding and provides concise summary of the activities. Ms. LaVerriere asked if the City was funding the same four agencies from last year. Ms. Sherrod indicated Public Service was limited to 15% which would be $81,659. Provided a breakdown by agency. Aid to Victims of Domestic Abuse, Inc. $10,000, Community Caring Center$45,000, Legal Aid Society of Palm Beach County $5,000 and Pathway to Prosperity $21,659. Ms. Sherrod indicated the outreach was directed at Churches, Synagogues, and other religious institutions. Nonprofit providers of social services to residents of CDBG target areas, brochures and flyers are distributed to neighborhood organizations and homeowner's associations, day care centers with high population of person with limited English proficiency, City sponsored events, community sponsored events. Placed on the City website, social media site, as well as signage and in the general circulation of 8 Page 304 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 newspapers. Ms. Sherrod provided a listing of other allocations which includes the Boynton Beach Faith Based Community Development Corp. for $80,000, Affordable housing program, the Housing Rehabilitation for $173,861 . Housing Rehabilitation delivery $100,000, Planning & Administration, which is limited. Indicated there was $200,000 which rolled over to the new year, stated Economic Development which was unexpended for this fiscal year $100,000 and the Heart of Boynton Redevelopment $100,000 which was unexpended. Commissioner Casello asked why are we rolling over $200,000 from the previous year. There were many agencies which could use these funds. Ms. Sherrod stated the funds cannot be used for public services. Indicated the money could be used for housing rehabilitation. They are averaging more than $50,000 per year. Commissioner Casello asked why are we not using the money for housing or rehabilitation programs. Ms. Sherrod indicated this can be done. Commissioner Casello stated the City has this money and should be used for its intended purposes. Commissioner McCray said in regard to having to roll those funds over, at the present time there vvaS i i0 need for ti ieSe f iiiiuS. lv�S. �i ierr od replied there was i io immediate need. Mayor Grant asked if the City has ever run out of funding for housing rehabilitation. Ms. Sherrod responded they have not. Indicated they had a higher influx of applicants last year. She was anticipating exhausting those funds. Mayor Grant ask if there was a need could the City could utilize those funds. Ms. Sherrod Indicated they could do a minor adjustment. Mayor Grant indicated if there was a need to take the funds instead of allocating those funds. Vice Mayor Romelus indicated if there was an influx of applicants coming into the program, it could possibly exhaust the reserves. She has spoken with Mark Woods and other staff in regards to the need and to do a better job of outreach. She indicated she was looking forward to those improvements and outreach efforts. Commission McCray indicated there are many people which apply for those program, and they do not want to complete the application. Ms. Sherrod stated the application was a very invasive process. Ms. LaVerriere agreed the process was extremely invasive. Mayor Grant stated the paperwork does not become public records. Vice Mayor Romelus stated these are hurtles which need to be overcome. Ms. LaVerriere stated staff works with individuals as well as with groups. 9 Page 305 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Vice Mayor Romelus asked how many staff members are bilingual. Ms. Sherrod replied they do not have any bilingual staff members. They have Spanish and Creole people who work for the Faith Based CDC. Explained the City wants all applicants to feel comfortable with the process, but also with the staff. Indicated not only has the City assisted with purchase of homes, but help residents avoid foreclosure. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. F. PROPOSED RESOLUTION NO. R18-103 - Authorize the City Manager to sign multiple agreements as a result of RFQ No.: 046-2821-17/TP for General Consulting Services for five (5) Scope Categories to be executed based on individual task orders in compliance with the purchasing policies and procedures. G. PROPOSED RESOLUTION NO. R18-104 - Approve the rankings as recommended by the Selection Committee and authorize the City Manager to sign contracts with the four (4) top ranked proposers: Hatcher Construction & Development, Inc., E&F Florida Enterprises, Inc. d/b/a Creative Contracting Group; Republic Construction Group; and ANZCO, Inc.; in order to establish a pre- qualified list of vendors in accordance with Request for Qualifications (RFQ) No.018-2511-18/IT "Pre-Qualification of Contractors for Minor Construction Services" and authorize the City Manager to award individual projects not exceeding $75,000. Commissioner McCray inquired what will happen if the bid exceeds $75,000. Tim Howard, Assistant City Manager, indicated this was a prequalification notice. They are asking Ms. LaVerriere be able to sign the Purchase Order if more than $75,000. It would come back to the Commission for approval. Commissioner Casello asked what was the current limits for the City Manager's ability to sign. Mr. Howard indicated $25,000 for commodities, $75,000 for construction. Commissioner Casello said it remains the same. Mr. Howard stated they are asking for the City Manager to have the ability to sign off on minor repair maintenance projects up to $75,000. Ms. LaVerriere stated this would allow for small rehab projects to be approved up to $75,000. 10 Page 306 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Vice Mayor Romelus asked if the top ranked vendors were local vendors or within Palm Beach County. Mr. Howard indicated they were from Boca, West Palm Beach, Lake Worth, West Palm Beach, Mayor Grant noticed they have a 4-year term to renew the same contract, wanted to know if a local vendor has the opportunity to get into the cycle. Mr. Howard stated the way in which the contract was structured it was a 1-year contract, then there were 4, 1-year renewal periods. In order to insert another vendor, the City would not do a renewal, but go out to bid again. Mayor Grant understood the renewals get approved under the consent agenda, asked if the City could make it for 3, 1-year renewal periods. Mr. Howard stated if the Commission wanted to modify the renewal period from the 4 years to 3 years' renewal period, this was up to the Commission. Mayor Grant stated If there was a local vendor they would know that it was a 4-year contract instead of a 5-year contract. Commissioner Katz inquired what was the pros and cons from staff. Mr. Howard replied the only con was the item would need to do another prequalification RFQ a year early. Ms. LaVerriere responded it was a large volume of work for the prc pC.0 FAU I I. Ti e Cit`/tries to go v to 05i years for contracts. Mayor Grant stated it does not include prices. This was the prequalification. Mr. Howard indicated this would not impact staff. Going forward was fine. Vice Mayor Romelus asked if the other three companies which were not part of the top four companies, if any were local businesses. Mr. Howard responded there was one vendor which was a local business and the vendor received the preference points, that vendor ranked 7 out of 7 after the scoring by the review committee. Mayor Grant asked if Commissioner McCray wanted to amend the motion for 3-year instead of 4-year renewals. Mayor Grant asked for a motion. Motion Commissioner McCray moved to amend his motion to approve a 3-year contract instead of a 4-year contract. Commissioner Katz seconded the motion. Vote The motion unanimously passed 11 Page 307 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 H. PROPOSED RESOLUTION NO. R18-105 - Approving payment of per capita member dues to the Palm Beach Transportation Planning Agency beginning with Fiscal Year 2019. Commissioner McCray noted he serves as an alternate on the Palm Beach Transportation Planning Agency committee and does not understand why it was not approved on the first reading. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed 1. PROPOS€D REJOLUTIt3N NO. R10-106 - Authorize the City Manager to sigi i an agreement with Advanced Data Processing, Inc. a subsidiary of Intermedix Corporation utilizing the Volusia County Contract for Public Emergency Medical Transportation (PEMT) billing. J. PROPOSED RESOLUTION NO. R18-107 - Authorize the City Manager to sign the grant award agreement and all related documents to accept the Assistance to Firefighters grant from the Department of Homeland Security in the amount of $81 ,931. K. PROPOSED RESOLUTION NO. R18-108 - Authorize Mayor Grant to sign the Hazard Mitigation Program (HMGP) grant application, requesting $637,500 for the Lakeside Gardens Drainage Improvements project with $212,500 match from Boynton Beach Utilities for a total project cost of$850,000. L. Award Bid No. 021-2821-18/IT for "Furnish and Install Water Service Connections and Restoration" to Line-Tec of Delray Beach, FL, as the lowest responsive and responsible bidder for Bid items 1 thru 19 and optional items 1 thru 5, in the estimated annual expenditure of$25,000. The initial term of the bid will begin on date of award and will terminate one year from that date. This bid may be renewed for four (4) additional one-year terms subject to vendor acceptance and determination that renewal is in the City's best interest. Future renewals will be brought forward to City Commission for approval. This bid will be utilized on an "As Needed/As Required Basis." M. Approve an increase of$40,000 to the existing purchase order for sodium chloride with Morton Salt utilizing the previously approved Palm Beach County 12 Page 308 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Bid No.16-043/ZG which expires August 19, 2018. This will bring the total approved expenditure to $165,000 for the year. Commissioner McCray stated every year there was an increase to sodium chloride. Asked if this was an oversight, asked if staff is not looking at the entire year. Mr. Colin Groff, Assistant City Manager stated when staff are asked to budget they are given a formula. Staff were told not to add any extra amount. This was needed because the process was changed midyear. He directed his staff to provide an exact amount without any fluff. Commissioner McCray stated this was bad, now they need to look for increases, whatever was left in the budget it rolls over. Mr. Groff replied it was different in the Utility, it was not a rollover. Commissioner McCray indicated it stays in Utility. Mr. Groff said the funds remain in the reserve fund; it does affect the rate over time. Commissioner McCray indicated the formula needed to be addressed. Mayor Grant asked what was the change in process. Mr. Groff replied the new plant. Staff did not anticipate the amount of salt which was needed. Mayor Grant asked if the City was pumping out more potable water. Mr. Groff replied they were. Mr. Groff stated staff underestimated the salt usage and the organic matter in the water Mayor Grant stated he understood this was a way the City could keep its utility rates low. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. N. Approve utilizing Palm Beach County Contract # 150899 with Seacoast Embroidery Inc. and PRIDE Enterprises for the purchase of uniforms for general employees with an estimated annual expenditure of$30,000 and authorizing the City Manager to sign a contract with Seacoast Embroidery Inc. and PRIDE Enterprises. The Palm Beach County's procurement process satisfies the City's competitive bid requirements. 13 Page 309 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 O. Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY17/18. P. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the eight (8) month period ended May 31, 2018. Q. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for August 7, 2018 - "Request for Extensions and/or Piggybacks." R. Approve the minutes from City Commission meeting held on July 17, 2018. Motion Commissioner Casello moved to approve the Consent Agenda as amended. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R18-109 - Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with Beltmann Group, Inc. of Pompano Beach, FL for RFP No. 015-1210-18/IT for Municipal Complex Relocation Services. The estimated cost for this move is $200,000; however, the final cost will not be known until the City determines exactly what will be moved and the vendor can calculate costs based upon the fixed firm pricing obtained thru this RFP. The scope of this RFP j also provided that upon completion of the Town Square project, the City would require moving services from the temporary locations to the new buildings. I Mayor Grant read Resolution No. 18-109 into the record by title only. Commissioner McCray asked if $200,000 was going to be enough, he does not want to have staff return asking for additional funding. Mr. Howard replied he chose this number as an estimate. The mandatory site visit did not include what staff will be taking, until the items are tagged. The company provided an hourly and truck rate only. Mayor Grant inquired if this included the move to the permanent location as well. Mr. Howard stated the estimate includes the temporary move and the move to the new City Hall. He noted the Commission received three quotes. 14 Page 310 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Motion Commissioner Casello moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. B. Approve an increase to Johnson Controls Fire Protection Formerly Simplex Grinnell for contractual fire alarm/sprinkler system services and repairs under the Sourcewell formerly NJPA Contract 031517-SGL from $24,000 to $100,000. Mayor Grant read the item into the record. Commissioner McCray asked why the increase. Mr. Howard replied the reason you see only increases; staff does not need to come back to the Commission if the item is less. The company did not bill the City in a timely manner. The cost also was for outstanding ii i'voices Commissioner McCray asked if this money is in the budget. Mr. Howard confirmed the money has been allocated. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. Award Bid No. 010-2512-18/IT to the two (2) lowest responsive and responsible bidders, Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida as Primary Vendor and M&M Asphalt Maintenance Inc. d/b/a All County Paving of Delray Beach, Florida as Secondary Vendor, for Asphalt and Sidewalk Restoration, in the estimated annual amount of$3,000,000.00. The initial contract period starts on the date of award and terminates one year from that date contingent upon receipt and approval of insurance and applicable payment and performance guaranties. Mayor Grant read the item into the record. Commissioner McCray inquired if the City was going to try to use local vendors. 15 Page 311 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Mr. Howard replied the City received 2 bids from local vendors. One was deemed non- responsive because they did not comply with paperwork and the other vendor did not have the correct licenses. Commissioner McCray asked if they are reaching out to the community to use local vendors. Mr. Howard indicated it was up to the vendor to hire local contractors. Commissioner McCray stated please recommend and suggest the contractors hire some local vendors. Commissioner Casello said the vendor which were deemed non responsive was doing work for the City on other projects. Commissioner Casello wanted to inform the public $3M was coming from the penny sales tax. Vice Mayor Romelus asked if the vendors were doing a better job in communication with the neighbors. Mr. Groff indicated they will place door hangers and met with the people in the neighborhoods. Staff will make sure information is being communicated. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. D. Approve the City of Boynton Beach utilizing the Palm Beach County Bid No. 18-069/MB for the purchase of Sodium Chloride, Solar Salt Quality, with Morton Salt, Inc. Palm Beach County complied with public bid requirements equal to and/or exceeding the City of Boynton Beach requirements. The anticipated expenditure for the purchase of sodium chloride for a one-year period is $160,000. Mayor Grant read the item into the record. Mayor Grant asked what was the request for last year. Mr. Howard replied it was $165,000. Mr. Groff indicated the City will spend $165,000. Mayor Grant asked for a motion. i Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. 16 Page 312 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Vote The motion unanimously passed. E. PROPOSED RESOLUTION NO. R18-110 - Approve utilizing the City of Cape Coral, FL contract with Shrieve Chemical Company based on their Bid No. UTI 8- 57/MC for Sulfuric Acid with the same terms, conditions, specifications and pricing, and authorize the City Manager to sign a contract with Shrieve Chemical Co. The anticipated annual expenditure for the purchase of sulfuric acid is $100,000. Mayor Grant read the Proposed Resolution No. R18-110 into the record by title only. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 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. 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Approve the use of$200 of Vice Mayor Romelus's Community Support Funds to assist Digital Vibez, Inc. Mayor Grant read the item into the record. Commissioner McCray inquired about Digital Vibez. 17 Page 313 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Vice Mayor Romelus explained this was an organization which works with some of the local schools as well as the aftercare programs. They work with many local organizations, and commend their efforts of keeping children safe and off of the street. Mayor Grant asked for a motion. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. B. Approve the use of $200 of Mayor Grant's Community Support Funds to assist New Era Prep Inc. with a student athlete event. New Era Prep is committed to investing in students and athletes through leadership projects and community services. Mayor Grant stated New Era Prep works with local athletes to help them prepare for college. Not only the athletic portion, but the academic as well. Clerk Pyle reminded the Mayor he had increased the amount to $400. Commissioner McCray asked if Mayor Grant had the funds available. Mayor Grant asked for a motion to approve $400 from his Community Support Funds. Motion Commissioner McCray moved to approve $400 from Mayor Grant Community Support Fund. Commissioner Casello seconded the motion. Vote The motion unanimously passed C. PROPOSED RESOLUTION NO. R18-111 - Authorize the City Manager or designee to sign any documents related to securing a loan from Dougherty Funding LLC to provide funds to finish the renovation of the High School for an estimated loan amount of $6.85M. Mayor Grant read Proposed Resolution No. 18-111 into the record by title only. Commissioner McCray asked if this would be enough for completion of the High School. 18 Page 314 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Mr. Howard stated this would be enough for the completion of the project. Vice Mayor Romelus stated for clarification to the public, please explain the process. Mr. Howard explained the City has begun working on the high school, issued a purchase order of $3M which has been paid. In the CIP program and the Surtax, the City has programed $4.5M in next year's budget towards the high school. This was done to utilize the majority of the surtax for next year. Dougherty Funding LLC. has been a partner throughout the Town Square process and bonding process. It has been discussed with Dougherty Funding about securing a loan for a three-year time period in order to spread out the repayment for the $4.5M over a couple of fiscal years. There was some funding remaining in 2018/2019 which has been approved from the CRA. Mr. Howard believed this would be the best way in order for the City to do some projects next year. Dougherty Funding has agreed to 4.85% with no collateral. If the City prepays within the 12 months there was a prepayment penalty, there would be no prepayment penalty after 12 months. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed D. PROPOSED ORDINANCE NO. 18-019 - FIRST READING - City Commission to consider amending Part II, Chapter 2, Article I of the Code of Ordinances to create a new subsection prohibiting board member lobbying Mayor Grant read the Proposed Ordinance No. 18-019 into the record by title only. Commissioner Casello asked if the Commissioners had any contact with any advisory board members for or against this ordinance. Commissioner Casello stated the purpose of this ordinance was to show transparency. The Commission appoint all members to the City advisory boards. When an advisory board member becomes a paid lobbyist for a client with business before the Commission or the CRA board which he or she benefits monetarily, it could potentially put the elective body in a compromising position due to those relationships. Most recently the CRA board was approached by the lobbyist, but was not successful. Commissioner Casello was not opposed to lobbyists. His concern was the political optics of this City should be the light of transparency, having an appointed advisory board member only clouds that light. He was asking the Commission to consider not have an advisory board members become a paid lobbyist. 19 Page 315 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Commissioner McCray inquired if this happens in any other City other than Boynton Beach. Attorney Cherof replied other municipalities have restrictions on board member's roles in advocating for or against matters which have appeared before the board on which they sit. The ordinance which is drafted speaks to those items. Commissioner McCray asked in regards to Palm Beach County, they have a lobby record. Do they have the same criteria in Palm Beach County? Attorney Cherof indicated, he did know the extent of how the County restricts their board members. Commissioner McCray wanted to know what other cities were doing. Mayor Grant stated the Commission had a discussion from last meeting was discussing the City lobbyist position. Mayor Grant wanted to know what the County and other cities do. This ordinance prevents past and future Commissioners and Mayors from becoming lobbyist. Commissioner McCray offered a motion to table this item until they received clarification from Counsel. Commissioner Casello stated there was different between a local ordinance and the County ordinance. Commissioner Katz stated with respect to concerns about the County's position on lobbyist, or other cities, but the City should not be subservient to any County or other government agency, with regards to what the City decides to do on the issue of lobbyist. When this was brought up a year ago the issue was unrelated to any lobbyist on the advisory board. In recent months the issues which have been lobbied are directly related and voted on by the advisory board. Commissioner Katz indicated he does not have a problem with proceeding on this issue. If the issue is the votes being taken or recommendation have some financial implication, such as from the Planning and Development, the key terms which was the optics, if something was voted on from an advisory board and recommendation was made to the Commission and members of the advisory board get paid to lobby this Commission, it does not look well. Commissioner Katz gave some other examples. Stated it was better to be safe than sorry, when there are financial implications to advisory board votes which come before the Commission then advisory board members are being paid to lobby the Commission then to follow the decision. Regardless of whether the County does this or not, he was not concerned with the County but with the Commission of Boynton Beach and the integrity of the vote. Whether it is or not similar does not make a difference. 20 Page 316 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Mayor Grant stated the City does not have a lobbyist ordinance. Boynton Beach has been subservient to the County in regards to the lobbyist ordinance for the past 10 years. Mayor Grant stated he believed this was moving too quickly. Stated there was no backup or looked into what the County has in their ordinance. Mayor Grant stated he would like to have more information. Mayor Grant opened to the public audience. Jerry Taylor, 1086 SW 26 Avenue, noted as a point of order, a motion was put on the floor to table this discussion. According to Robert's Rules all discussion must cease until a vote is called on the motion to table. Mayor Grant stated there was not a second to the motion. Dr. Stephanie Hayden-Adeyemo, 2181 SW 15 Avenue, Condo M102, thought this was an important issue to bring to the City. Irrespective of what the County does they should be concerned with the City of Boynton Beach. Whether it was financial or for a favor. This was a very important issue. Mayor Grant has suggested he would like to have more conversation and for the community to be involved. if the Commission was saying they need to be transparent. The City needs to be thorough in creating a new ordinance. David Katz, 67 Midwood Lane, noted there was only one person in this City which serves on the City board and is registered as a lobbyist. Of all the other board members there was only himself. He found it interesting that Commissioner Casello wanted to know if anyone had spoken with him about this item. He was expecting for him to speak with the Commissioner about this item, that would not have been unreasonable. Mr. Katz believed this ordinance was being directed at him. Commissioner Casello threw a public hissy fit over the red light cameras. He was rude to himself, vendor's attorney as well as the vendor at the time. When Commissioner Casello was very involved with having the Police Station moved closer to downtown area. He was his best friend because he was trying to get members of the Commission to do the same. He had no problem with him speaking about it then. Recently he was upset about the Shovel Ready thing. In fact, to register a lobbyist for a CRA involvement project was not necessary, this was done to be above board with abundance of caution. Stated he has been hired to lobby for the red light camera, which would not come before the Planning and Development Bboard. The Police station did come before the board, and he voted for the site plan. He had no ill feelings about it. The Shovel Ready, he was not aware whether it would come before the Planning and Development Board. The Palm Beach County Commission on Ethics and the ordinance which covers the County has great stop gaps. Just as he had never had to recuse himself from the Planning and Development Board, because of anything in which he lobbied. There had been other members on the board which had to be recluse. He mentioned Susan Oyer, Brian Wheeler, Kevin Fisher. He never had to. This was an obvious personal thing. It was funny that someone from the state house campaign reached out to him, and asked if he could raise some money for his campaign and he presented two checks at his kickoff party to Commissioner Casello. He received a text to 21 Page 317 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 thank him for the check. It was interesting the hypocrisy about this ordinance, he knows this was about him. He will be out of this City within 90 days and he was saddling the Commission with what he believes to be a waste of time. It was all about him, it was not about whether someone was a doctor and someone might lobby about something, it was about David Katz being on the Planning and Development Board and lobbying against something the Commissioner did not like. That is what this was about. If the majority of the Commission decides to vote for this ordinance, he would not lose sleep over it. He can choose to be on the Planning and Development Board, or choose to lobby. The board was a volunteer position, there was no pay, he enjoys being involved and he runs a good meeting. Stated he would not lose any sleep about not being on the Planning and Development Board. Mr. Katz stated this was a personal attack against him. It is so blatant; he wants to know how it feels to have the wind caressing both sides of the Commissioner's face. David Merker, 8 South Port lane, thanked Commissioner Casello. This was so blatant, he never saw so much insecurity that was like a run-on sentence, saying the same thing over and over again. When someone was in the position you are a chairman and a lobbyist and you are running a campaign, he believed it was common sense. If you take it so personally, maybe it was personal and maybe it was factual. Thank you Representative Casello, thank you Commissioner Casello. Let's carry this through. Mayor Grant, seeing no one else coming forward, closed public audience. Commissioner Katz, indicated this was a common sense issue. He does not believe this was targeting any individual, but was targeting an activity, which may be exhibited by one individual. But this activity needs to be prohibited for all individuals which is what an ordinance would do. He does not have a problem waiting to give just time to research the County or other ordinances. He personally does not feel that it was relevant. He was not saying that there needs to be a vote today, but he was declaring he wanted to pursue this ordinance. Again, the optics of anyone on an advisory board making recommendation, then subsequently being paid and making personal financial gain and then lobbying this Commission, whether it actually is or not unethical, the perception is that it looks unethical. Especially given some of the history of elected official with regards to inappropriate conduct. This issue has only become relevant now, because the issues being lobbied for are directly related to the advisory board in question, where votes were taken to make recommendations. He does not think it was out of line to look into saying that people on advisory boards for the City cannot make personal financial gain from their vote or from lobbying a Commission to sign off on their vote. Stated it was not personal, it was an issue based question, and he does not want anyone to come into the Commission and there was a number of bids on a property or piece of development and the recommendation from an advisory board was put before the Commission and then lobbied for from someone from that board who was a registered lobbyist was an unseemly sight and potentially a conflict of interest. Again, if this needs to be delayed to get more acclimated with other examples out there, he fully supports pursuing this ordinance. Doing this no one can say, the Commission has advisory board members who are paid by the 22 Page 318 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 vary people which are advising the Commission vote for something. It made sense to him. The question was presented to legal, while the County Ordinance was not provided, there are certainly cities which have provisions placed before them. It was a common thing which exist in municipalities and governments throughout the Country to insure transparency and try to wipe clean any risk negative perception of the votes taken from the dais. This was a concern which needed to be looked into. Commissioner Casello stated Mr. Katz has been in his home, Mr. Katz has brought investors into his campaign and he was very grateful. This was all about what was being perceived as political Maltese, which was not right. Commissioner Casello indicated he has been to many of the Planning and Development board meetings and Mr. Katz was an excellent board chair. This was not personal. This was just the optics which is presented. He stated Mr. Katz would only lobby 3 out of 5 Commissioners not all 5. He stated he was learning more about lobbyist. To say the wind blows on both side was not a true statement. This was not a personal attack on Mr. Katz. If there were others they would be in this discussion as well. Commissioner McCray indicated each board member was required complete training on ethics. This was one of the reasons he wanted this item tabled, so that a ruling could be secured from the ethics committee. Let's get further clarification from legal before the Commission moves forward. If the Commission on Ethics say there was a perceived problem, then he was willing to vote on this item. He believed there needed to be more information provided to the Commission. Commissioner McCray stated his motion was to table and bring back a statement from the Ethics Commission and review what the County has in place. Mayor Grant asked for a motion. Motion Commissioner McCray moved to table until clarification is received and research into the County Ordinance and the Commission on Ethics opinion. Vice Mayor Romelus seconded the motion. Vote 4-1 (Commissioner Casello dissenting) 12. LEGAL A. PROPOSED RESOLUTION NO. R18-112 - Authorize the City Manager to enter into a Purchase and Development Agreement between the City of Boynton Beach and Habitat for Humanity of South Palm Beach County for 23 Page 319 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 acquisition of vacant lots along NW 11th Avenue (Model Block), subject to final approval by City Attorney. Mayor Grant read Proposed Resolution No. 18-112 into the record by title only. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. PROPOSED RESOLUTION NO. R18-113 - Authorize the City Manager to enter into a Purchase and Development Agreement between the City of Boynton Beach and Boynton Beach Faith-Based Community Development Corporation for acquisition of vacant lots along NW 11th Avenue (Model Block), subject to final approval by City Attorney. Mayor Grant read Proposed No. Resolution 18-113 into the record by title only. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. Commissioner McCray asked if staff has a plan for the buses and cars entering and exiting the schools. Mr. Groff explained the drop off lane must be opened when school began. Indicated staff will coordinate with the schools. The contractor should have had all the underground completed. Commissioner McCray needs to coordinate with Commission. Mr. Groff replied staff will continue to provide weekly updates B. PROPOSED ORDINANCE NO. 18-019 - FIRST READING - City Commission to consider amending Part II, Chapter 2, Article I of the Code of Ordinances to create a new subsection prohibiting board member lobbying. (heard earlier in the meeting) C. PROPOSED ORDINANCE NO. 18-020 - FIRST READING- Approve amendments for the regulations governing the methodology used for approving the Utility rates governing water, wastewater (Chapter26-9), reuse 24 Page 320 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 water (Chapter 26-508), and the stormwater assessment fee (Chapter 26- 403; allowing rates to be set annually by resolution of the Commission. Attorney Cherof read Ordinance No. 18-020 into the records by title only on first reading. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Mayor Grant asked for the rates. Mr. Groff replied this was not an Ordinance to set the rates. This was an ordinance to remove the rates table from the Ordinance format and then staff will bring back the rates to the Commission at the second reading in a Resolution format which will be the rates. Mr. Groff stated this was the issue discussed at the budget meeting. The rate adjustments that the City was looking to implement needed to be in a resolution format. The City needed to give 30-day notice to the customer of the rate increases, which the Commission had a consensus on i moving towards. They are not in this ordinance. Mayor Grant asked if this would be before the resolution. Mr. Groff replied this was the first reading of the Ordinance to remove the rate table. At the second reading the ordinance will also have a resolution which put the rates into the Resolution format. This is changing from an Ordinance format to a Resolution format. Mayor Grant asked if there was a 30-day notice requirement. Mr. Groff responded no, the 30-day notice has to be before they bring back the resolution. The City was giving 30-day notice now. Mayor Grant inquired if the City had already given notice. Mr. Groff stated it was being done in the utility billing and it takes a month to notify all utility customers through the billing cycle. Mayor Grant asked when will the new utility rate begin. Mr. Groff responded October 1St Commissioner McCray stated this was nothing new. Mayor Grant asked if there was further discussion from the Board. Mayor Grant opened to public comment; seeing no one coming forward, Mayor Grant asked for a roll call vote. 25 Page 321 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 Clerk Pyle called the roll. Vote 5-0 D. PROPOSED ORDINANCE NO. 18-016 - SECOND 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. (TABLED - STAFF RECOMMENDS ITEM REMAIN TABLED) E. PROPOSED ORDINANCE NO. 18-017 - SECOND READING - Approve Wireless Communication Facilities (CDRV 1$-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. (TAoL€D -- S TAFF RE COMMENDS ITEi'v'I REMAIN TABLED) F. PROPOSED ORDINANCE NO. 18-018 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes) thereby removing the "pilot" program status. City-initiated. Attorney Cherof read Proposed Ordinance no. 18-018 on second reading by title only into the record. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Clerk Pyle called the roll. Vote 5-0 G. Request for a private attorney-client session, closed door session for the Quantum Park Overlay District, Secured Holding is the plaintiff. case #50- 2016CA005668 in conjunction with other litigation Attorney Cherof requested a private attorney-client session, closed door session for the Quantum Park Overlay District, Secured Holding is the plaintiff, case #50-2016CA005668 26 Page 322 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 in conjunction with other litigation. Indicated there may be an opportunity to formulate some type of structured settlement to resolve this and other cases. Stated he would need 45 minutes to an hour. Requested an August 21, 2018, date for the session. Commissioner McCray asked if this was related to the future agenda item E. Attorney Cherof stated in the affirmative. Commissioner Katz stated 5 pm on August 21St, 2018. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed Mayor Grant wanted to put a process in place regarding putting items on the Future agenda items. He would like to implement certain procedures or policies if anything is being changed, it would go to new business first. This would allow for discussion and staff would have time to prepare. 13. FUTURE AGENDA ITEMS A. Update from staff on status of allowing dogs on the beach - August 21, 2018 B. Approved JR Watersports Expansion (COUS 18-003 / MSPM 18-005) request for Conditional Use and Major Site Plan Modification for the expansion of the abutting business, including refurbishing of an existing 2,413 square foot building and associated site improvements on 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. Applicant: Michael Wood. -August 21, 2018 C. Commission wants to discuss public safety as it relates to the Town Square Redevelopment— TBD D. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park E. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD 27 Page 323 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 2018 F. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. - TBD 14. ADJOURNMENT Motion There being no further business to discuss, Commissioner Katz moved to adjourn. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:24 p.m. (Continued on next page) i 28 Page 324 of 528 Meeting Minutes City Commission Boynton Beach, Florida August 7, 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 29 Page 325 of 528 7.A. BIDS AND PURCHASES OVER$100,000 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Approve the purchase of Water Meters and Equipment with Sensus Metering Systems as a Sole Source vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus's Flex Net System. Items will be ordered on an "as needed" basis for the estimated annual expenditure of$175,000. EXPLANATION OF REQUEST: The City utilizes Sensus's Flex Net System for meter reading to accurately determine the customer's water consumption for proper billing. The items purchased will be for new meters and their components to add to the system, as well as any replacements the may be needed. Sensus provides a quote which locks their prices for a period of time. The current quote expires February 15, 2019. We will receive another quote once this one expires. This request will be for the period of October 1, 2018 to September 30, 2019. This will be a yearly request which will be presented to Commission at the beginning of each fiscal year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this purchase is to secure a source of supply for the equipment of the Sensus Flex Net Meter Reading System. The equipment will be ordered on an "as needed" basis and stocked within the City's Warehouse. FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of$175,000. FY 15/16 expenditures were $94,306.26 FY 16/17 expenditures were $167,058.66 FY 17/18 expenditures to date are $161,106.43 ALTERNATIVES: To utilize another water metering system with a different manufacturer. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 326 of 528 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Sole Source Letter Sole Source Letter D Quotes Sensus Quote Page 327 of 528 SEnsus a xylem bras June 19, 2018 City of Boynton Beach, FL To Whom It May Concern: Please be advised that Sensus, USA is the sole manufacturer and provider of Sensus' products including Water Meters, Meter Reading Systems, Testing Equipment, Software, System Support Programs and Repair Parts. Thank you for your business, and we look forward to continuing to provide you with quality Sensus Products and superior customer service. Please feel free to contact me at and rea.davis xyleminc.com regarding this or any other matter. Sincerely, Andrea Davis Sensus, USA Director, Channel Marketing Andrea Davis Director,Channel Marketing 8601 Six Forks Road,Suite 700 Raleigh, NC 27615 USA T: 919.424.8995 andrea.davis@xyleminc.com sensus.com Page 328 of 528 Page 1 12-1.1§91MM 450 North Gallatin Avenue 1-800-Meterll mommm P.O. Box 487 1-800-638-3748 QUOTATION Uniontown,PA 16224 USA www.sensus.com Your Quote Number: 28286 Reference: SEACOAST 5Ensus Bill to Customer: 084060 Ship to Customer: ATTENTION WANEYA BRYANT & DRAVIOUS ROBERTS BOYNTON BEACH CITY OF BOYNTON BEACH CITY OF PURCHASING DEPARTMENT PO BOX 310 PO BOX 310 PURCHASING DEPARTMENT BOYNTON BEACH FL 33425-0310 USA BOYNTON BEACH FL 33425-0310 Salesman: HERRON BROCK Effective Date: 2/02/17 Terms : NET 30 DAYS Expiration Date: 2/15/19 US Dollar Line Description Quantity U/M Unit Price 1 Part# : I5S1GDXX 1 EA 109 .270 METER 5/8 X 3/4" IPERL 10 GALLON, 6 WHEEL 3A W/6 ' 2 WIRE TRPL CABLE SMART MODE W/7-1/2" LL 2 Part# : I2S1GDXX 1 EA 109 .380 METER 3/4"S IPERL 10 GALLON, 6 WHEEL 3A W/6 ' 2 WIRE TRPL CABLE SMART MODE W/7 .5" LL 3 Part# : I4S1GDXX 1 EA 154 .550 METER 1" IPERL 10 GALLON, 6 WHEEL 3A W/6 ' 2 WIRE TRPL CABLE SMART MODE 4 Part# : 5396353752201MI 1 EA 140 .420 M520M TRANSCEIVER UNIT PIT SET, SINGLE PORT TOUCHCOUPLER, LEAK DETECTION, HOURLY READ & INTERVAL DATA 5 Part# : 5396353752203MI 1 EA 143 .220 M520M TRANSCEIVER UNIT PIT SET, DUAL PORT TOUCHCOUPLER, LEAK DETECTION HOURLY READ & INTERVAL DATA This Quotalion is an offer to sell which includes and is subject to the 3ensus Metering Systems Terns of Sale available for viewing and downloading at hllp;lr4YAW.Sei1SLI5.CUlllltc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 329 of 528 Page 2 12-1.1§91MM 450 North Gallatin Avenue 1-800-Meterll mommm P.O. Box 487 1-800-638-3748 Uniontown,PA 16224 USA www.sensus.com your Quote Number: 28286 5 E n su s US Dollar Line Description Quantity U/M Unit Price 6 Part# : C1 1 EA 1, 048 . 170 METER 1-1/2" OMNI C2 COMPOUND 7 Part# : C2 1 EA 1, 209 .430 METER 2" OMNI C2 COMPOUND 8 Part# : C3 1 EA 1, 531 . 940 METER 3" OMNI C2 COMPOUND 9 Part# : C4 1 EA 2, 660 . 740 METER 4" OMNI C2 COMPOUND 10 Part# : C6 1 EA 4, 595 . 820 METER 6" OMNI C2 COMPOUND 11 Part# : T1 1 EA 717 .300 METER 1-1/2" OMNI T2 TURBO 12 Part# : T2 1 EA 850 . 850 METER 2" OMNI T2 TURBO 13 Part# : T3 1 EA 1, 060 .250 METER 3" OMNI T2 TURBO 14 Part# : T4 1 EA 2, 064 . 160 METER 4" OMNI T2 TURBO 15 Part# : T6 1 EA 3, 716 . 170 METER 6" OMNI T2 TURBO 16 Part# : T61RTXXGlAAXX 1 EA 4, 002 .580 MTR 6 OMNI T2 MNCS/TURB NDK 10G PULS 10G 8WHL1A AMR TSTRSR N-DRNK RECLM 17 Part# : F6CXXXXGlAAOX 1 EA 8, 061 .260 MTR 6 OMNI F2 CHB/F2 ID=SN 10GAL PULSE 10G 8WHL1A AMR REG ID = MFG SN 45 . 00"LL This Quotalion is an offer to sell which includes and is subject to the 3ensus Metering Systems Terns of Sale available for viewing and downloading at hllp;lr4YAW.Sei1SLI5.CUlllltc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 330 of 528 Page 3 12-1.1§91MM 450 North Gallatin Avenue 1-800-Meterll mommm P.O. Box 487 1-800-638-3748 MWAZUkM Uniontown,PA 16224 USA www.sensus.com Your Quote Number: 28286 5 E n su s US Dollar Line Description Quantity U/M Unit Price 18 Part# : R1IXXXXG8BAXX 1 EA 432 . 820 METER 1-1/2" OMNI R2 10 GALLON, 7 WHEEL 2A, AMR MAIN CASE 13" LL 19 Part# : R2IXXXXG8BAXX 1 EA 607 .280 METER 2" OMNI R2 10 GALLON, 7 WHEEL 2A, AMR MAIN CASE 17" LL 20 Part# : S2PR338GDOXXIXX 1 EA 124 . 070 MTR-LL 5/8-3/4SRII ER-TRPL G6 ' BTM/BRZ 6WHL3A 61SEN L/HSG PK ID=MSN 10G RECLM DP/P 21 Part# : S2PX338GDOXXIXX 1 EA 116 . 700 MTR-LL 5/8-3/4SRII ER-TRPL 10G BTM/BRZ 6WHL3A 61SEN L/HSG PK REG ID = MFG SIN DP/P 22 Part# : E2SXX38GDXXXXXX 1 EA 53 .470 E-REG TRPL SRII 5/8-3/4 10G 6WHL3A 61SEN AY W/BAYONETT RING 23 Part# : E5SXX38GDXXXXXX 1 EA 53 .470 E-REG TRPL SRII 1 10G 6 ' 6WHL3A 61SEN AY W/BAYONETT RING 24 Part# : 031 1 EA 53 . 090 SR/SRII TR/PL CONVERSION KIT REGISTER ONLY, L/HOUSING 25 Part# : 5380220000014 1 EA 18 . 120 SPANNER WRENCH ILL 26 26 Part# : 0001000101268 5, 000 EA . 160 GEL CAP ILL 55 AMR ACCESSORIES 517-0010784 This Quotalion is an offer to sell which includes and is subject to the 3ensus Metering Systems Terns of Sale available for viewing and downloading at hltp;lr4YAW.Sei1SLI5.CUlllltc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 331 of 528 Page 4 12-1.1§91MM 450 North Gallatin Avenue 1-800-Meterll mommm P.O. Box 487 1-800-638-3748 Uniontown,PA 16224 USA www.sensus.com Your Quote Number: 28286 5 E n su s US Dollar Line Description Quantity U/M Unit Price 27 Part# : PM M50/M100 WAR 1 EA 1, 609 . 000 WARNTY METRO M50/M100 1-YR EXTENDED MAINTENANCE 28 Part# : MISC. 1 EA . 000 SEE BELOW * ADD ON TO METER PRICES FOR OMNI T2 TO T6 RECLAIM EA. $67 .56 PARTS NOT QUOTED TO BE DISCOUNTED 24% FROM CURRENT PARTS PRICING BOOKLETS . WANEYA' S FAX 561-742-6478 - PHONE 561-742-6427 bryantw@bbfl .us dautam@bbfl .usl .us FULL FREIGHT ALLOWED. FOB SHIPPING POINT. CASE - 00472464 IF MODIFICATIONS IN METER MATERIALS OR PROCESSING ARE REQUIRED TO MEET NEW REGULATIONS, THE PRICING SUBMITTED IS SUBJECT TO IMMEDIATE CHANGE Thank you for your interest in quality products by Sensus . Current as of : 2/13/18 Correspondence: Purchase Orders: SENSUS SENSUS 207 WINDMERE DRIVE PO BOX 487 BOWLING GREEN, KY 42103 UNIONTOWN, PA 15401 sensus .orders@sensus .com PHONE: 800-METER-IT 800-638-3748 ROBERT WHITTAKER Regional Sales Manager This Quotalion is an offer to sell which includes and is subject to the 3ensus Metering Systems Terns of Sale available for viewing and downloading at hltp;lr4YAW.Sei1SLI5.CUlllltc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 332 of 528 7.B. BIDS AND PURCHASES OVER$100,000 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Approve the purchase of 5 Mobile Diesel Generators from TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor for the sum of $315,978,48, utilizing pricing of the national Sourcewell Contract#120617-KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: The Utility uses mobile generator to support their pumping station operations during any FPL power loss events; typically following a major storm. The larger stations have either a standby generator or a dri prime pump permanently available at the location. This is not an efficient use of resources at stations that require pumping out less frequently. In these cases mobile generators are brought to the station based upon information from the telemetry system, pumped down and the generator then moved to the next site needing attention. The current fleet of generators was built up in the early 2000's, culminating with those acquired post Hurricane Wilma. It is now time to add to the fleet due to expansion of the system and to begin to replace older units. Our current inventory is as follows We have 162 lift stations and 3 stormwater pumping stations. Stationary Generators 25 Stationary Dri Prime Pumps 21 Mobile Generators 22 Portable Pumps 9 Initially the City attempted to use a bid (#031-2821-18/IT) but analysis of the bid shows that the 5 bidders were not in compliance with the stated needs. The bid was therefore rejected. Due to the urgency of obtaining additional generators to meet our needs should we experience another storm, and the length of time needed to adjust the requirements and rebid it was determined that it would be best to try an alternative sourcing method. Pricing was requested based upon the Sourcewell Contracts with major suppliers. The only successful bidder was Kohler through their local suppliers TAW Power systems Inc., and the pricing appeared to be similar to what was observed in the original bids.. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Mobile generators area major part of the Utility emergency management plan and are used to keep wastewater from spilling into the local environment during significant power outages. The availability of generators is an important aspect of the planned back up procedures necessary to meet our permit obligations. FISCAL IMPACT: Budgeted Funding is available in our Capital Improvement plan in account 4003-5000-53565.04 SWR 108/111 Page 333 of 528 ALTERNATIVES: The alternative is not to use mobile generators but install permanent facilities. This would be a much more expensive solution and add to our long term maintenance plans. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum TAW Generator pricing D Addendum Kohler Contract D Addendum Kohler Acceptance and Award Docs D Addendum Source II RFP Page 334 of 528 TAW POWER SYSTEMS, INC. 1500 NW 15th Ave TA W Pompano Beach, FL 33069 (954) 977-0202 - (800) 876-0990 Tim.Grady@TAWinc.com Kohler Generator Systems Distributors KOHLER POWER SYSTEMS DISTRIBUTOR FOR ALABAMA, SOUTH GEORGIA, FLORIDA, LOUISIANA AND MISSISSIPPI Date: 08/14/2018 Offer No: GP1807-0124 To: CITY OF BOYNTON BEACH Contact: Tim Grady Attn: Michael Low, Deputy Utilities Director Contact Cell #: 954-668-7247 Project: Towable—(3) 90REOZT4 and (2) 120REOZT4 REV2 (3) New KOHLER Model 90REOZT4, EPA TIER 4 Certified Diesel Trailer Mounted Generator Set rated at 76kw Prime Power 3 phase at 120/208 (2) New KOHLER Model 120REOZT4, EPA TIER 4 Certified Diesel Trailer Mounted Generator Set rated at 96kw Prime Power 3 phase at 277/480volt INCLUDES ALL STANDARD EQUIPMENT: START UP, COMMISSIONING and TRAINING: $6,250.00 See Attached Specification Sheets TOTAL: $315,978.48plus Tax, if applicable ADDITIONAL ACCESSORIES: DEC3500 Controller Frei fit ars Commissioning required Camlock Load Connectors Sound/Steel Enclosure SUPPLIED BY OTHERS Battery Charger: 10 Amp Installation of System Dry Contacts: 15 Relay Supply of Fuel All Infrared, 3rd Party and NETA Testing by Others Cable Box Ball Hitch ESTIMATED LEAD TIME: Spare Tire 12-14 weeks after release of order. This estimated Wheel Chocks lead time is subject to change daily due to availability. Cold Weather Package F.O.B. FACTORY, FREIGHT ALLOWED TO JOB SITE. Two Way Fuel Valve SALES TAX NOT INCLUDED. Three Year Standard Warranty 1 Engine, Generator Parts, Maintenance Manual 1 Electronic Manual Regards, 90REOZT4 x 3 - Kohler List Price -$229,575.00 TAW Power Systems, Inc. NJPA Member Discount 30% - NJPA Member Price FOB Factory -$160,702.48 Tim Grady Senior Sales Engineer 120REOZT4 x 2 - Kohler List Price -$174,680.00 NJPA Member Discount 30% - NJPA Member Price FOB Factory -$122,276.00 OFFER VALID FOR 30 DAYS FROM THIS OFFER DATE (LISTED ABOVE). TOTAL. FOB KOHLER....$282,678.48 INCOMING FREIGHT: FOB JOBSITE, $23,250.00 EXCEPTIONS/CLARIFICATIONS/NOTES: Delivery and start up are quoted as during normal business hours. If after hour, weekend, or holiday work hours are Page 335 of 528 required, the Contractor will be responsible for the overtime differential unless otherwise noted. NOTE: TAW's STANDARD TERMS and CONDITIONS apply to all offers for purchase and any purchase orders accepted by TAW.You may find a copy under the terms and conditions section at TAWI NC.com or please contact our office at 800-456-9449 and we will forward you a copy.TAW will transmit a written delivery schedule based on the manufacturer's confirmation,approximately fifteen(15)days after product release. Also included will be the related progress invoice values based on material shipments. All TAW offers,plans,specifications,and technical drawings are copyrighted works and contain proprietary know-how of TAW,and Buyer has no right to reproduce,distribute or publish copies of TAW's copyrighted works or to create derivative works of TAW's copyrighted works without the express written permission of an authorized representative of TAW. (OFFER ACCEPTANCE BELOW) COMPANY AUTHORIZED SIGNATURE TITLE PRINT NAME DATE TERMS & CONDITIONS ACKNOWLEDGED: INITIAL Page 336 of 528 Form-C EXCEPTIONS.TO PROPOSAL TERMS CONDITIONS 3-.34 AND sol.vTlolvs vvEST (t'D Company Name:— Any exceptions to the terms,conditions, specifications,or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term,Condition, or NJPA s Sectionlpa e S ecificatton Exce on ! ACCEPTS Clarification:All Kohler product supplied will be covered by the industry standard or better ( NJPA Accepts warranty. Attached to this RFP is the Kohler standard warranty however,a product specific 3,34 Warrant __eL warranty,can be.made,available upon r nest. i I Clarification:Due to the customizable nature of the product and vast amount of differences,it is not possible to provide a price list for each I Clarification- generator and its multitude of options. However I see below each customized quote will show a list price specific to the quoted project along with the discount/savings per the attached pricing document. The NJPA member discount will be limited to the Kohler FOB bill of material and Percentage Discount From will exclude open market options add-ons that 5.10= _ -- Catalog or Category _.may b-'pplied try others„ Clarification:Kohler has attached its certificate ? of insurance as part of this RFP. At the time of actual quote,a certificate of insurance from the NJPA Accepts f local Kohler authorized distributor can be made I 6.26 Subcontractors ` available as well. _ __._. ' Request the contract to read:"Either party mayP terminate the Contract without cause by giving each other sixty(60)days'written notice of NJPA Accepts termination. Termination of the Contract without cause does not relieve either party of the Contract Termination for Cause financial,product,or service obligation incurred 7.17 I and Without Cause before the termination. I Vendor's indemnification obligation is contingent upon NJPA and NJPA Members providing Vendor with prompt written notice of NJPA Accepts any third party claims believed to be covered by r f this Article. Vendor has the unrestricted right to select and hire counsel,and the exclusive right Patent and Copyright to conduct the legal defense and/or settle the j8l0 _ Lnfrin�ement claim. - Clarification: Kohler is the manufacturer of j record for all of its supplied equipment. Kohler NJPA Accepts Material Suppliers and Sub- is happy to supply specific information on a 8.23 !._uM. Contractors -swific component of auP-MffS4e9m.- roposer's Signatures Date:—Z.2 L.9 VL _ - Page 337 of 528 �® *a:MA� NJPA's clarification on exce tions listed above: 5.10 Acknowledged as a discount and pricing proposal as part of the RFP response. This is not a legal exception and this response is best included in the relevant questions within Form P. Review and Approved: NJPA Legal Department Page 338 of 528 Contract Award RFP##120617 FORM Dr {ti Formal Offering of Proposal (To be completed only by the Proposer) ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES,AND SERVICES In compliance with the Request for Proposal(RFP)for ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS,SUPPLIES,AND SERVICES,the undersigned warrants that the Proposer has examined this RFP and,being familiar with all of the instructions,terms and conditions,general and technical specifications, sales and service expectations,and any special terms,agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: .... . 1�. . ,.,.. 0 Date: Company Address: ...... " .�.. �.. ... _._. ....... City: �_ State. i Ci Zip: �t Contact Person: � r S . '. Title: V r Authorized Signature: ',. ! = } le (Name printed or typed) Page 339 of 528 �G®��ANMF°M� FORM E ,;�-` •' CONTRACT ACCEPTANCE AND AWARD 1 x+uarsaB Jnlns Puwsers nuianer' c+ y n`ePLrAC94As�Mtl�. (Top portion of this form will be completed by NJPA if the vendor is awarded a contract.The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract : 120617-KOH Proposer's full legal name:Kohler Power Systems Based on NJPA's evaluation of your proposal,you have been awarded a contract.As an awarded vendor,you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth In this RFP,In any amendments to this RFP,and in any exceptions that are accepted by NJPA. The effective date of the Contract will be January 29, 2018 and will expire on January 29,2022 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: Jeremy Schwartz NJPA AC:I " ' CSF C OOPEf AT , CONTRACTS (NAME:ITIN11D OR T`r`PFr)I Chad Coauefte tdVA EXEtJ11EFS°E DIKCCr RICEO SIGNAIURE (EIAME PRINTED MID) Awarded on January 25, 2018 NJPA Contract # 120617-KOH ------------------------------------------- Vendor ____ ___ _________ ________ __-______-___-Vendor Authorized Signatures: The Vendor hereby accepts this Contract award,including all accepted exceptions and amendments. Vendor Names - Authorize natory's Title VENEWR A111HUR1'ilE D SIG14A€LIPE IEaAME E'rCwiED oiE,iYrrol Executed on Z Z. 20--1S NJPA Contract # 120617-KOH Page 340 of 528 Form F PROPOSER ASSURANCE F COMPLIANCE Proposal Affidavit Signature Page POPOSE 'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services,all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of,and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts,purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws,regulations,rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked"confidential" (or"nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 Page 341 of 528 By signing below,Proposer is acknowledging that he or she has read,understands,and agrees to comb rt the terms and conditions specified above. Company Name: Kohler Power S�stems Address: N7650 Lakeshore Dr. City/State/Zip: S e oN pan Wisconsin 53083 Telephone Number: 920.457.4441 E-mail Address: C arles. uns c er;ri kohler.com y Authorized Signature: - -- Authorized Name(printed): Charles Hunsucker Title: Vice President—Sales Date: / 2 ° " Notarized Subscribed and sworn to before me thisn day of, 'C e� 20, Notary Public in and for the County of _ h-i�_b a_ State of My commission expires: Signature:, I Page 342 of 528 Form Pr x°` PROPOSER QUESTIONNAIRE Payment Terms,Warranty, Products and Services,Pricing and Delivery,and Industry-Specific Questions ProposerName: Kolilei, Po"er S.N t t1a Questionnaire completed by Via, ,p fi° Pavment Terms and FinancingO ,tions 1) What are.YOUr paytrient rendes(e.g,net 10,net )? ohla r response: Since the 13 will be laelmeen the NVA radars ber•meal the local K(alalar distrWibutur.paN inew l anis x%ill he alotarilaal arra each quotation. 1 ralalaar arracl its authorized distributors rtirtler°ptaaiaal that ta►.aa Can vary� 1['0ra2 project gar prt�jc wt depQnding on scopc of%kaor „ but traditional p,.n ment ta„rms are net 0, 2) Do you provide leasing or financing options,especially those options that schools and governmental entities may need to use in order to make certain acquisitions? t"4.aalal r° rausl:aaar se: No. Kohler 114.n%er Systerns does NOT offer these programs, toee-ei% Kohler authorized distributors nim, be able to �. �,ikt NANA iaaeaatbera %�ith leiising air• Iinarre"ing canons claape aaling on the scope cal' as ork. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer(or some other entity)will process the NJPA Members' purchase orders. Kohler re'spos se.- The IN pic~.al proces,, ftv this custunflzed product is Ilea°the local Kohler disiributor°rboaek°ira„t tlto rr quirN to l`ro%ide as quotation using the on-1 ine Kohler quolaaion system lo mesal tile Cuslomer's specitleatlons, The quotation as ill he Coded aped that the N.111c'€ntrvct discomat gels aapplicdl Besides rltaaatiraL,t dead product the distributor can also quote freight, sta'si°t-fel?. trsanin,„ and as preventative nna inte31ance ag„;r"s.'eSt e-M. These, sjl,rN°res daM %spia°ally be lar°den-out as`a separwe lire; headed. ohen tlae t uolartion is accepted and 110 is recek d b% the K,,ohler authorized distributor a subminal is generated lir°approval, I'S'p n aappro%al rel"tha€t scrbminaal las the NJVA taaa,:raalaer the Kohler aaailhorized distributor as ill c on%r r°t the rluolaatiaon hito as P0 N iaa the Kohlemet taaa_li-ne hired inr °rs *stem, Kohler as i ll aaclM;i os,leo.ge that P0%a idh all e timat"I ship c°1arWaddr ess so that the distributor can re laaN that information to the N.lPA member. The local Kohler aar diorized distr°il°iWor is ralaaaa%s in d-w iniddle of the caaaaaiamndcations welts ccn the NJPA ra c,-nibcr and Kohler !deeded- SICIaKaaaatattlaararPOS %dill Ilam>e the NPI contract number 1611a`&$1ed h� order s17ecific rattattbers; The Kohler 1:Pti?5trkes s%stcm cat-, be e asil6 search each month/quarter t'ar°reporting msed aairraatal a.auditinl-- 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Kehler reep nsa: t aach local ;ohld°authorized dktribUtioris im 'ccraaielaendej,C r°ivaate a aampaan aand most probablN do s%10I have 11- aard prrria$.ai"G:131011 and payment ts)'sici n". Page 343 of 528 errand ) Describe in detail your rnaanufbcturer warranty prograrn, including conditions and requirements to qualify, claims procedure, and overall structure, YOU stay include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products, parts,and labor? Kohler resl_acrrtsa:: 'Vesa.standard ataarraartt% covers all lhrLc. See] 11--i820 ror to iaadk iduual aaaarrliw) lao)HeN mummers tiro°each product raate,-gor.'�: tp5ll20Waarraan!y.tai1:f • Dia your warranties impose Usage restrictions or outer limitations that adversely atffect covet°a e? Kohler rvsponsc V sa are aavaailta.l°le raa win— dioni I-NeaarL100tl hours °Miia°hwv r occurs first through optional ill-%Var uaar°raaaniksa. Ako po- FPA kms fSla icauuaar% Fnaer°uenc\ lacmer Systems can onk he (1peraated %Oflle at I-OkIl HIN artllili is out (at` specification pias aala to 100 lw urs�'y .ar fitr rnaairvell:ance and rcaadin ss testing. For Staatlonar\ grass-IMrner encN aand lcol ic-diesel pov%ered(CO uunlis IT '14 C rdlicdiio n is r°a:altrir�°$I eau°I1� �: u�lili�:ul tell Maas�°rt�iatc� ra�:�•a4 tea lay tusas�l, ila�:s�: rL�h�tu'is°tiaoats alr�ut"i'. uaa��:saar°ilk ;r9"li;�t tlt� %%aarr•aant) but ani -t. sahlpptlia:aation of E111 lama is illegal, Also: Start-up stems( h�,, jx:rf armed Rai Koh)Lur Distributor. Dealer or Authorized Represeniaative aailhin 24 months of shipm rw See t�\lsia°aal aaatrr°area% statement as there are 32 differew aaarrranty sstaaternems depending upon tine product. tp5.17144 Sid._Industrial 'lacresat ,tiff • Do youtr warranties cover the expense of technicians' travel time and mileage to perforin warranty repairs? Kohler responsc: Yes., standard aaaasrrinty includes tip to 1e40, 200 or 00 tulles rotated trip with travel bine° included depending upon the product eaalego°y. See t.p Z rr gkya ol'atnd hi ividUaal -wirraant� policiei bN product caate ;o?r% For details. Are there any geographic regions of the United States for which your cannot provide a certified technician to perforin warranty repairs? How will NJPA Members in these regions be prodded service for warranty repair" Xohler response, \VNIc sant all service technicians attars be ce:rliliorci,al ser%rice technieiaans<ang enrolled in the certrlucaaflon prurcess° Some erre recent hires and Full certification can take up to 3 years as there arra m am ��99 A5 g [ K +� y.: 33ppww ¢ @gg 11 FF ry § $@ AA__ 22 p¢p��ee�awY ry�t $l Y, m 9,pt #3'{ 4N'o +nza�t s asvch a s diesel and glas{ nioi cs,adter ndtors,c` nlrkillq Ai s hfiil+ otitic b rans4e S�F hchn.,%and � a alik�w lfli - sa�ita h-eaar. I to"ever-.. each dis;triburtor Maas cerd ied taachnicia n's on.staff to assist as needed PLUS thorn are n11 supported by the Kohler Fiend *Seek ice _npinceriau, Team. The ResidentW/Lig ht t°asuttutterciaal product is also sauapported lada large dealer network %ahh as goal rat"haav in err dealer ax ithht -50 miles cif eustomers ror as Cast responsca I eslL-11111—.. eaal��°.,llpataX9 7.c:lla�. • Will you cover warra my service for items rrtade by outer manufacturers that are part of your proposal,or are these warranties issues typically paused on to the original equipment manufacturer? Kohler respo ns=w: E%eraatlaing incl ided ire Baur Kohler larc"r.poss;l is covered b% at Kohler as arrant%. °I„horc are no third-patrt\° item included in the Kohler proposal. Il'oather kenis are negoliaated betaaeen ihe NJPA nicsnlra:r and local Kohler distribtaor, warranty on those items at ill be by others. • What are y0t.ur proposed exchange and return programs and policies? Kohler response: Exchange paoa still is,Xpl;:aira"d ire tlae Kohler aaaar'raantt saute°ramie at the discretion ol'Kohlur Co- del'ecd ve product %%ill be repaaircd or replaced. Due lis the silo and cars101nZtld0n 01`euCh ps•radUCI ltaa°a1 specific aappHeaat on, returns are treated rite Same. Ta=picaalk damaged or defeutk prOdc€ct 'is pr-ctraaiath repaired in the I yid aat site h% the local Kohler distriburtaar and it'rcquair d %%ith liactcar\ assistance.M5�374 id, Ir'cltastr°ill_1°aa .... Describe any service contract options for the items included in your proposal. Kohler response: Kohler distributors provide, and service contracts ev r% dad° 6tar Kohler Pleader lSxsteaaas product. Contnacts are tailoired to meet u uslomer needs/b ud wis.srar.h as gannuaai. seism-tataatraati Or oluaatrte.rl%'visils° Some aalso include annual load battle testinti. I'M polisliim, atrial Fuel de lver% sir%ice;. Please sou; reprsentartk sa mpls: Ii'om one o>hl r distribWoar and knou\ that h can bu WHOM]tui slVa:i iC u:crstoratca rt ka°al4 I e:,la�a l frlal g. Distributor le l t lulua��dna Page 344 of 528 Pricin j Delivery,Audits..and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Kohler response.- Indusitial, Commercial, Residential and Portable grade - 2.0kw to 100k natural ,gas/LP gas and gasoline powered gensas under 1.5kw, 111dUstrial grade - 15kw to 4000kw diesel powered gensets and all related power system accessorics such as fuel storage tanks and outdoor enclosures with sound aftuation all available in low voltagc and larger units available in low and mediurn voltage configurations used in North Anierica. 30-400Oamp transt-br switches in styles and configurations to meet all requireimnis in Industrial, COMMercial and Residential applications and paralleling systems when 2 or more gensets are required/desired or when paralleling with the utility is required meeting UL891 or UL.1 558 and when inedium voltage ANSI standards. All products are made to EPA and UL standards and cornply with the National Hectric Code(NFPA-70) and when properly configured comply with NNIA-11 1, NFPA-101 and FPA-99. Kohler also meets CSA and CUL codes fi)r Canadian sales, Kohler Power Systems holds IS0900 I Ceilification since 1995 and products are built to Intemational and National standards such as NEMA, CEMA, ISO., 1EE and ANSI. Saics and post sales assistance via k-xal distributors including but not limited tw quotations, i0rder processing, deliveries, installation supervision, start-up, product training, service maintenance agreements, rentals, warranty service and parts. Service technicians are gCnerally located within 2 - 4 hours ofcustomer sites for a fast response. 8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data(including standard or list pricing and the NJPA discounted price)on all of the iters that you want NJPA to consider as pail of your RFP response.Provide a SKU for each item in your proposal,(Keep in raind that reasonable price and product adjustments can be made during the tenn of an awarded Contract. See the body of the RFP and the Price and Product Change Request Forma for more detail.) Kohler rewmse- Please see attached discount schedule off Industrial Product that will bove a custom quotalion from the Kohler on-line quotation system Due to the customizable nature(if the product and differences for cacti quotation generated on-fine, thc IIPA member discrount will be applied to the Kohler FOB bill of material. Freight, start-tip, training and rnaintenance agreements will be broken-out and adininistration fee will be calculated on the FOB portion. For Portable,Residential and Commercial product please refer to MSRP as these products are ordered from STOCK, NJPA member discount schedule also attached I'm these product categories, Kohler Power Price Ust NJPA vfh1.x1sx,Kohler Power Residential MSRP vfiil.xlsx 9) Please quantify the discount range presented in this response.For example,indicate that the pricing inyour response represents is a 50%percent discount front the MSRP or your published list. KoWer response: Indusuial Product discounts will be applied to Kohler List Price generated from the on-fine quotation system for each rind every project. The local Kohler distributor will generate as quotation and the Kohler on-fine business system will apply the NJPA member discounts off list price. For Poilablc, Residential and Commercial products the discount is fi-om MSPP as these products are ordered from STOCK. 10) The pricing offered in this proposal is a4 the same as the Proposer typically offers to an individual municipality, university, or school district. the same as the Proposer typically offers to GPOs, cooperative procurement organizations,or state purchasing departments. GPOs, cooperatie procurement ___�c, better than the Proposer typically offers to organi 7ations,or state purchasing department& d,other than what the Proposer typically offers(please describe). Page 345 of 528 11) Describe any quantity or volume discounts or rebate programs that you offer. Kohler rcsponsc: Quantity/Volunu; discounts are considered on a arse-hy-casc hasis due to the facl th.al mcw p rcreels i tivol ve i usl one I"ectric Power System, In cases where inulliple sysicnis are quoted!purchased at one time consideration is given to an extra(flscount and consolidating freight to rnitfintize cost, Rebate programs are mil typical with this product/industry as most CUSM111US PUrchase one or less electric power system cacti year. 12) Propose a method of facilitating"sourced"products or related services,which may be referred to as"open market"items or"nonstandard options". For example,you may supply such items"at cost"or"at cost plus a percentage,"or you may supply a quote for each such request. Kohler rciponse.- our Market items will be priced by the local nobler authorized distributor per the NJPA Discount Schedule off distributor list price. Tipical leans include: Fuel Burrage ..bank I esling'Verinining, Service ContractN and Rental Equipment 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training,or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. K-,uhlertesponse- Freight is nor included but cart Nh quoted Prc,-Paid and Add us ng the Kohler pm-f&red carrier's r d"s "Passed Throug counts. Cost to Kohler will be h- to, NJPA mcinher with zero mark-up (since Kohler will NOT be marldng up freight ire would ask that freight not be included in the Administration Fee calculation). If NJPA mernbors can obtain freight at 1mver rates. they should c(y°prdinwc the plc -up/freight.. Installation is always by others as tymcally an Architect, lInginecrs,Gencral Contractors.and SUb-coraractcwss are, also involved. Building codes and insp,ections are also iv 1w., irtclueled with each quotation and broken-out 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. Kohler r-sportse, U'reiiedi! is wor(w F )B shan,eboylWisconsin, 531083, Shipin ni size varies Bort, siniple LTL to complex multiple truck defiveries. Most, sNpinents, arc arranged on fhilbed traflers or for larger proAluct, specialized drop duck traders and cranes need to heamangect fbf site dchver and ofl-loadint, which is BY 6'ri IF-l"RS and NOT 4whided in the Kohicr proposal. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. K(,'ifiler respolise: F'or Alaska most shiprnents are-the same as they would be for the lower 48 and most of Cana& via ground using typical freight carriers and specialized traders, In rennote villages of'Alaska such as the Kodiak Islands the last ieg of the shipment might involve a kreal barge, The NJPA inctnl,,rer can arrainge fireight or Kohler cart using ire-Payand Add. F ,Hivraii rnosl freight will travel by land to aport on the west coast and from there travel via(wean cargo acrd once in port travet by surface once again, If'size.and weight btc:onne an issue Roll4on- Roll-r)ff should be considered. For Canada most freight will inove the sanic?.a in th.e lower 48 but again some local barges inay be required in corisral areas and ICE.ROADs in northern'Fenirories, Crossing the border into Mexico is usually donc at Lerado. Other offshore deliveries go surface to sea poris and ocean 11rcighl froin there with cw)rdination via a freight lbrwarder for cxp4ml./import documentation and 'local surfacc transpoorition, 16)Describe any unique distribution and/or delivery methods or options offered in your proposal. K,ohler response: Kohler o rs Split Shipments, nneaning sonic products ship sooner than others due to the progress of the construction site. Often times piccesneed to arrive months prior to building completion or waits are closed in and other finies oindoor equipment must arrive befor craries are moved or taken down. As freight is NOTincluded in the Kohler proposal these arejust tinique options available thtit can be an,anged by Kohler w flic time ofloft,processing, Page 346 of 528 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing,that the Vendor reports all sales under the Contract each quarter,and that the Vendor remits the proper administrative fee to NJPA. Kohicr re sponsc'R K4$1 knr uses il SAD haied apt-iien, algid th-11 exienl1s, to local KoWer LliSDAIL1101-S Quowdons� purch'asing and dCliver4N are tuadc' ',ie thk 11UShlh,,SS ivmenl hev%vecn the fticlory and distributors, hvrel'orc, ped'orming inonthly, repons isa shnplictaiL add a and 110w;hil flit," NAIA Contract Nwnher, 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating,managing,and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Kohlel, responw: Johler till pa NNI A a 2��',a fee of Kohler tUB nel in,imck, price ilhich li,fll 1jjicflllr cxchide open inarket"itunis or"nonstandard options,14601t,Start-up and fraillin". If'Kohler ewirdi"Ried Pre-Pict and Add(rcight js used it-vgill he I rented as Pro-Paid and Add ince it jN a llaA hrough and N 0 1 be Considered trim calculating thea dministration Fee. Her %JPA member discouni-4%ill ho,finifted to the Kohler FOB hill of material and trill e%clude open mark"cl options add-ons that way be supplied b% others, Industry-Specific Questions 19) Please specify product and voltage range the generator equipment that you are offering. Kohl reiponsc- Ilmnatlic-fland Carr7-grasolme&, diesel powered gvnielks, 120,'240k, shigle 1,iase, Aircool ed, gas nolwered Rcsidenflud(Ho it conmiercial gertscis 7k%k_ r 20kiiv, 120!"4110v singic plias e and large.- nicKlelas available in reet-irineciable 120/208 'to) 277,q80v three Phase Plus 600%, for Canada, 1J,1-;2,-id ResidenthaliLight Commercial genscis 241su, 150kre, 120!240%, single phase, reconnectalfle 120,1208 to e-swgthes 30-400amps at same voltages in 2 pole - 3 wire and 3 pole 4 whre, hidttstrial (Jrade (Jfas Powered (.3ensels: 25k%kF - 150k%v, 120,1240%, simple phase, reconneclabh� 1201208 to 2771480% three phase plRis 600%, for Cminda. 1800%%-400k1,,%% reconneclable I 22W208 to 277/480W three phase plus 60(h, l'or Canada, 500kw -1 300k%v, reconnectable 1201" 08 (o 277/480v three phase 131.)"I' larger units are Pi ed voltage as ordered or 600r, l'or Canada and niedilum vokage such as 4160%,, Indumrial Grad c Diesel llo%vered Gensets, I 5kw- 150kw, 1201,240v single phase, reconnectable 120/1-08 ro 277/480v three phase or 600v for(..',,irrada, 180k%v 6()Ok%%,, recants ctable 12010 l to 2771480v three phase or.6001., for Canada, 750kv - 2000kw, flixed voliages .-is ordered rangaing from 1201208 to 277/480%, three phase ior. 0090v liar Canada and medium voltage such as 4160-v, 2250kw 4000kw, fixed voltages as ordered ranuinu fi-oin, 1-10,208 to 277/480%- three nhase or 6(Y)v fcrr Canada fklz, mediunn voltage iflICIAUding 41160v to 13. x•. Associated Indusir;a] (iradeAi,jio,riie,ticl'rai#isf'4:rSwilclies3O-40(fl0;,iiiips, all voltages previously hstetL Asskwiated Parallelim, Panels. all volmoes previously listed, TowaWe �.enSets 3 -1 75kvii, gas or diesel, reconnectable 12(Y240v single phase and 1200208 to 177/480v three phone or 600v lor Canada or optional 3- posifiori selector soyhelh fbr 1202140 sinjdu� phase and 120;208 and 2771480v drama c,rolv:ise. 120,!240e,throe n1hrise i as 0 Hal 0245 RESI-RCL-Porlable (11218 Industrial Fufl-Line�rtdE 8 Full....L&I . ...... gLZ _1�ortabje Full L 124 30 RC1,24-60kw. Page 347 of 528 20) Describe your mobile or trailer mounted units, if any,and specify the ranges. Knider reNponse: Oluded in the rmvpusal are 5%w TH a and 13M pN pWs 3W w HAva WescL lw gas todis are %tm; WPA IN"nnd can(olizn0c 34 Wurs uhh tm-Nmrd I it! and hwlmk as We nip it I ve fiNroff-board iNG and IM Avextended nm Hnws. thewl We come %%kh >24<48 hours joy lanks und Val%0 lbroTtiond Ric!suplQ Aduchinescan hxordi_,red v,it h reciamicciable 12 load generwor or 3ToAkm sel"Wr sm Wh Rw I TV= single phzbe. OBOE u 277A80v Mv, 11KNe. 1211rI10% three,,phase"arid 6101% are dalicated connectiori n-sstA0rw,,,, 1 lie iaivlomux,� and lraflQrs aare designedand Wh Am uMbyh"g. llclosuru,.a are rigid design %vi'll superim- Wntudion, 6WIMIA). A rcail� Ofthe desic§ n is 1he enclostiro can hx ivnanod in one pixcag,aficr loosening N WE abs dwre are no wher inechanicai or clecirical connections bowcen Ow gowWWWr wW Ow culkswe. Asko tho cmnm huimlaal walkhread) n hil other Ifohler Mobilc UoicnmmN W! comhy as hh 3jear fin-shod asarranl), zO 1443 lid f 2 1) If you are providing trailers as part of a turrikey packagge,please provide details. Wor Tr,dk,,.t.s mv LX YF appm%ed "hh single axle cmi srudler inhis W dual axle tmi la ijer M, Spare dre.jack stands. Mand and Are optional, Tool box, 116i�ders, lighling Tongw,,� is eidwr 2-or I D8 ball tv I&W ns rquired hy !,1xickage and hnTes are mandai%L GVVV- ,!, , Mp �Q4A)f 22) Describe how you will include customization and the pricing of such for the units. HIM response; (hie or Uhher's advantages is Ow ahHhy to cusimnize 1'irodUd tan specific cumorriv- requinnnenm /% team orApoicathn Fngincers are eledicated 10 Pt%Aidhh,_1 SI)xCial(AWAM ADDERS to al odif) standard quotations. Therearc fimitafions thic Io 3rd part3 certificaflons such as 01., F',11A and(,'SA plu,,, modificationsarld to dehvery Ifinle. 23) Describe installation and service programs, and identify the associated services,service provider locations and pricing. WAler naNniss hishallation is ah%ti)s pro%ided by nether sir h as as Ocneral/Flecirical ('onlruclor, Service is pivvided fid local dislributw% Enwipawy sera es are to picall� pro%ided in, fess than 2-4 hours.2417/365. 10%ice pricing%arics by pro&wt onshe zw swire lwYcQ one small Wirso and AIS m We die nem can have nuTiMe luge ImmileledgA.-rnsers%kith many AT s, 11ricing isifl be included mid broken-out tin each qtmAe%%hen rapmMed b) Ow 1UPA mernba. u1 k, 24) Describe any prevvnia6ve inaintenance or extended service coverage agreements. Koller response: WhIcr&WbLaar provide service coninicts eveg t1a) 1br Kohler 14a,erSy menh. Witracts are Wored to Meet CWHomer needs and hudgms such as annual, send-annual tw quaderlj, a"sits, Sonic a6o include arnival load bank iesiho. Fuel polishing and I'Liel delivelly services. Ser%ice Muracts imed tai he prked up on an indi-vidURI hasis as lneare specific to such customer. Ivlost UAW disWbwors also havea llect. unhs IMI can be depkqed dudng unexpected eveias or%%hoi hie siaridb� generator is critical and expected to b e orn ofservice Jonger Omit 24 hours, The cusiomer needs to understand this tail into consideration (aher equiivnew smh as as pmmhk pcmrwor connecrion Nix and manual imnsIr snitch io conipy n hh the title. 'I',ypkt K"alt jg _[jistributor. NQfgte.d Iqoc -L 1_ 25) Do you provide preventive,periodic or full maintenance plans/programs for the solutions you are proposing in this response? Kohler response: The WhIer pivpcoul dUCS NOT hIOUde thee; items BUT the Kohler distribulor can provide as cusunn tyummiati as as SDUrced Mod tar Qwn Mukei herm lfrequestcdVIN4 quotes can ho indmied nhh Ow equilpmou quexwion and broken-out in the same team that frci,,ghi and start-up Mil be brokell-OL11 a. If so,provide a recommended service&maintenance agreement fora periodic/preventative and or full maintenance plan. Kohler rcs,,asnse: III=we Q pWA agreenwras nvn one Kohler disiritnitors: 'Ir Yjacj' !!I '- _ D:suit#datttr Emsal,ole,dot Agreements from die caher:24 distrMus "HI he shdkw and can becumumind. Page 348 of 528 b. What are recommended service intervals? Kohler resqronse: AnnmL Semkw=al CW LjuaAer1% nrahiienance N kiv.,arc depending, upon the cMind rmuwe of 1W N11kaHmh rd=q or to kaM eat Hq aml jmssJW%/AwjwreA ol'regional iceather lllea.,eeve F�picad Ser%ice Nut�ai sche"Juls 01ich 1%ill -%arsliglid) machiu to rn=Wne. 26) Describe your rental agreements and pricing schedule. Kohler respovow: Rental agreenieiw�wr14 Y1 pan of the Kohler pnjunod Imi andd he t6uhnal Avni I&MIer distrHumw;as Sonmed C luKiVen himicl Imns, ala me we t)pical Kohler dktribtlftV WFIfAl agreement. Agreentems Rion 1he mher 24 XtAhuuws n M he shnikw and can ho cumumind. JlMwewn am pan of Me NJP A ngreement, Kohler distributors wHI jinivkle lideing per Me NJP A IMscomil Scheduk ar dlMrHmtor list price. 'j yrtleal Kohler 17;islrii)U!�Qj[j Loc 27) Will you include used equipment and if so, provide as pricing strategy for these units. KuhQr reMwnsw Q*rla%%ill 19)`1 oAhr I Ned ur I km lim items in th; proposaL VVe hme such at list but it chamak!",dafl% arld hiclikh's krus%I H11 less than Standard v.arranl%, Kohler distributors(14) have usedinventory %salm As pad or we NJP A agmen-jent, Kohler distributors si ill providr pricing per the PUPA 110tewmt Schedule off distributor list price. 28) Provide a general overview of your products EPA compliance. Kehler response. Kohler offers ImMucls that cimnIA) "idl CUrrent F',11A la%%s I'm,11w threc cawgimbs cil'gensets related to ow boinem. These curtegmics are 1)Rmkma* ErneTwwy 2) SWImay AM, Emergew; and 3)?K&Wml Pdobik. 11w NUPA nwndier alscneeds to undersland EPA Inns as dw) -ibirto,. c, s N,PA are aplificiakm/use speciAe. Kuhlcr Pliaer S)slenis and local Kohler ditai ni an advi e I mmubers that irdghi ntg be 11andflar oith L'J'A lav% as it applies to Electric 1`uuerS3sterns. Smvral, maws or rramictWhOs amund Me cwmay have air quali, Im"%t mv gwowr Neii Is hoslaal EPA Is" such as Me Somh (tot Al QaWy NUinnemon Wine orcaunmw and Kuhler alma has prodtwts tuml permitting assistance available %ia dw kwal 011ur distributor, Fxinvironnicm Carl;tcka I%s minter EPA Win Please see t1pical E'VA Certification Heart vJ11 be included i6th etach Indumf-A (Jellsc! subli'littal Package, Lifis'atellLPX I 0iL , 3 -023j. ttjj* ' s 29) Identify the lifecycle cost of ownership of your generator solutions. Kohler response; lAcycle ecals fart rarel� Considered in the F.11rengeriel Pover System business, 11ne Po%%cr Systems are typicall) Rgaly reqtdred tinder?N[-'.(: Article 700 and 701, Per LJ-'A lai,% imal "M onb, operate to backap as ndiable tailk) and therelbre cqwrMeQ as % lataum la r low, except Ckwing big cath r`evons Hke hurrhatnes,,tornados, ice soars. "Hct A= &ofnj etc. "hen lhu can operalle Pw as "a&ormore dwhg an extendal udliv, oulatv, Mus tip lo 100 hours per)car Aw nwhumame am! readiness testing, '1',ipical !ills cit detest prodmis is 3050 years al %%hich thne dwy need to game repkiced it-., tolwocure. FMC U.Storriers "ith I'd tile Floc cr, Iluk Shaving.Gkknemihn or intarrurnible Bte Fw,rarns,diesel urfl(s need to be EPA 11 W PM back cWaTrAms am nmdy auravive and therefore tall orn ol'considerafion earl,% are the decision jwtxess. Wr too hon-Eniergency applications most custom ers consider?4MLHMI Gas genets as die PHU 01'111CI is USL1,111) the largesi com emmMmon in a 1MYQdd1Aa14east of4 h%naship stuQ talars toy am vm3 GREEN. We enn prus ide I calculations upon specific requal. Signature: t's— Page 349 of 528 SMENT FORM E CONTRACT ACCEPTANCE AND AWARD 'aE#wE96 3viva k"uuaos i4Uwan€<' r� )Top portion of this form will be completed by NJPA if the vendor is awarded a contract.The vendor should complete the vendor authorized signatures as part of the IFP response,) NJPA Contract : 120617-KOH Proposer's full legal name: Kohler Power Systems Based on NJPA"s evaluation of your proposal,you have been awarded a contract. As an awarded vendor,You agree to provide the products and services contained in Your proposal and to meet all of the terms and conditions set forth in this RFP,In any amendments to this RFP,and In any exceptions that are accepted by NJPA. The effective date of the Contract will be January 29,2018 and will expire on Januory 29,2022 )no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NjPA Chief Procurement Officer awards the ConiractI. This Contract may be extended for a fifth year at NJPA`s discretion, NJ?A Authorized Signatures: �Z�Irk,4 Jeremy Schwartz :l Jt �,,,a_"sc 1.:a ar Etf F' E' !i•;Te� kE'1 ;' AN,E 'aY11d IF. i'tF` f,1 tid,)fi 'x) 1 F;t.PYa;IJIt't `, ,""., ;��. Chad Coauette 'I Mt A ;E+ �.�ila.'"� 'AN UE/( ()'d( FIr WIR-1 ii f?'t)AD r ,',.,, 11"N'I Awarded on January 25, 2018 NJPA Contract tf 120617-KOH Vendor Authorized Signatures: The Vendor hereby accepts this Contract award,including all accepted exceptions and cmendments. Vendor Name L C ---- Authorize ignotory's Tltle vi—H, at 40 Al,II i t,)f D`d"—HAI UK � (t tAK4.E. f -.I^llt D C i i['H-` Executed on Z _ m,20 1 'j NJPA Contract # 120617-KOH Page 350 of 528 Rip p ' . "s Y YJr_IW M. e National Joint Powers Alliance® REQUEST FOR PROPOSAL for the procurement of ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES RFP Opening DECEMBER 7, 2017 8:30 a.m. Central Time At the offices of the National Joint Powers Alliance® 202 121' Street Northeast, Staples, MN 56479 RFP #120617 The National Joint Powers Alliance®(NJPA), on behalf of NJPA and its current and potential member agencies,which includes all governmental,higher education, K-12 education,not-for-profit,tribal government, and all other public agencies located in all fifty states, Canada, and internationally,issues this Request For Proposal(RFP) to result in a national contract solution for the procurement of�120617 ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES.1 Details of this RFP are available beginning October 19,2017. Details may be obtained by letter of request to Chris Robinson,NJPA, 202 12th Street Northeast,P.O. Box 219, Staples,MN 56479, or by e-mail at RFP@njpacoop.org.Proposals will be received until December 6, 2017 at 4:30 p.m. Central Time at the above address and opened December 7, 2017 lat 8:30 a.m. Central Time. RFP Timeline October 19,2017 Publication of R FSP in the print and online version of USA Today,in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon(note: OR entities this pertains to: hlW://www.njpacoop.or /g oregon-advertising and also RFP Appendix B),in the print and online version of The State within the State of South Carolina,the NJPA website,MERX, Noticetobidders.com,PublicPurchase.com,Biddingo,and Onvia. November 16,2017 Pre-Proposal Conference (the webcast/conference call).The connection information will be sent to 10:00 a.m.CT all inquirers two business days before the conference. November 29,2017 Deadline for RFP questions. December 6,2017 Deadline for Submission of Proposals.Late responses will be returned unopened. 4:30 p.m.CT December 7,2017 Public Opening of Proposals. 8:30 a.m. CT Direct questions regarding this RFP to: Chris Robinson at chris.robinson(a�Lnlpacoop.org or(218) 895-4168. 1 Page 351 of 528 'Irk BLEO F Oar : .i 1, DEFINITIONS C. Proposal Evaluation Criteria A. Contract D. Other Consideration B. Proposer E. Cost Comparison C. Sourced Good of Open Market Item F. Marketing Plan D. Vendor G. Certificate Of Insurance H. Order Process and/or Funds Flow 2, ADVER,'ISE\TEN,' OFRFP 1. Administrative Fees IN 'RIJC J. Value Added OD 'TION A. About NJPA K. Waiver of Formalities B. Joint Exercise of Powers Laws 7, POSIF A` AICD OPERA'ING ISSI...TIES C. Why Respond to a National Cooperative A. Subsequent Agreements Procurement Contract B. NJPA Member Sign-up Procedure D. The Intent of This RFP C. Reporting of Sales Activity E. Scope of This RFP D. Audits F. Expectations for Equipment/Products E. Hub Partner and Services Being Proposed F. Trade-Ins G. Solutions Based Solicitation G. Out of Stock Notification H. Termination of a Contract resulting from 4, INSTRIJCTIONS FOR PREPARING YOI...TIR this RFP PROPOSAL A. Inquiry Period 8, GENERAL 'ZIP \.I AND CON D111FONS B. Pre-Proposal Conference A. Advertising a Contract Resulting From C. Identification of Key Personnel This RFP D. Proposer's Exceptions to Terms and B. Applicable Law Conditions C. Assignment of Contract E. Proposal Format D. List of Proposers F. Questions &Answers About This RFP E. Captions, Headings, and Illustrations G. Modification or Withdrawal of a F. Data Practices Submitted Proposal G. Entire Agreement H. Proposal Opening Procedure H. Force Majeure 1. NJPA's Rights Reserved 1. Licenses J. Material Suppliers and Sub-Contractors PMCI NG K. Non-Wavier of Rights A. Line-Item Pricing L. Protests of Awards Made B. Percentage Discount From Catalog or M. Suspension or Disbarment Status Category N. Affirmative Action and Immigration C. Cost Plus a Percentage of Cost Status Certification D. Hot List Pricing O. Severability E. Ceiling Price P. Relationship of Parties F. Volume Price Discounts/ Additional Quantities 9, FOR'\,1S G. Total Cost of Acquisition 10, PIAL-S1...T1B\,11SSION CHECKLISIF H. Sourced Equipment/Products/ Open Market Items 11, PRICE & PRODI-TICIF ANG CHE REEL...T1E S-F 1. Price and Product Changes F 0R\,,I J. Payment Terms K. Sales Tax 12, APPENDIX A L. Shipping 1 3), APPENDIX B - Hl. ID, OR, SC, I_Tf, Political SUbdivisions (S E P A RA IF E H N 6, EVALI-TA'ION OF PROPOSALS Ar"A ., ME ' ! ) A. Proposal Evaluation Process 14, APPENDIX C - VA Political SUbdivisions B. Proposer Responsiveness {SEPARA IFE 'AFT'A' (`H%1_,::N IF) 2 Page 352 of 528 A. CONTRACT Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the Proposer's response pursuant to this RFP, and a fully executed Form E ("Acceptance and Award") with final terms and conditions.Form E will be executed after a formal award and will provide final clarification of terms and conditions of the award. B. PROPOSER A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also use the terms "respondent" or "proposed Vendor," which is interchangeable with Proposer as the context allows. C. SOURCED GOOD or OPEN MARKET ITEM A Sourced Good or Open Market Item is a product within the RFP's scope 1)that is not currently available under the Vendor's NJPA contract,2)that a member wants to buy under contract from an awarded Vendor, and 3)that is generally deemed incidental to the total transaction or purchase of contract items. D. VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP. 3 Page 353 of 528 2 ikDVER,riSENIEN'r OF RFP 2.1 NJPA advertises this solicitation: |) in the hard copy print and online editions of the 2) once each in Oregon's Daily Journal of Commerce, South Cozolbno`o The State and []tob`o Salt Lake Tribune, 3) onNJ9A`o website; and 4) on other third-party websites doonnod appropriate bvNO,A. Other third-party advertisers may include Onvio, 9ublio9urob000.00nn, MERX, ondE|iddingo. 2.2 NJPA also notifies and provides solicitation documentation to each state-level procurementdoporbnonts for possible re-posting ofthe solicitation within their systems and at their option for future use and to meet opodGo oto10 requirements. 3 A. A8OUTNJPA 3.1 The National Joint Powers Alliance'(NJPA)is a public agency serving as a national municipal contracting agency established under the 6onioo Cooperative otobdo bvMinnesota Legislative 6tobdo §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes oto1oo, oihoo, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 3.2 Under the authority of Minnesota state laws and enabling legislation,NJPA facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results innational procurement contracts with various Vendors ofproducts/equipment and oorvi000 v/biobN79A Member ogonoioo desire to procure. Tb000 procurement contracts are created in compliance with onnliooblo Minnesota Municipal Contracting Laws. A complete listing ofNJ9Acooperative procurement contracts can bofound o1 . 3.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Dirootoro. N79A`o Board of Directors ovor0000 and authorizes the calls for all new proposals and holds those resulting Contracts for the benefit ofits own and its Members use. 3.4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJ9A contracts continue to expand, duo inpart to the increasing 0000ptanoo of Cooperative Purchasing throughout the government and education communities nationally. 8. JOINT EXERCISE OFPOWERS LAWS 3.5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers lov/o or Cooperative Purchasing 6tobdoo established inMinnesota, other states and Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota 6tobdo V471.59 v/biob otadoo '^Tv/o ormore governmental units...may jointly orcooperatively exercise any power common tothe contracting parties..." This Minnesota 6tobdo allows N79A to serve Member ogonoioo located in all other oto1oo. Municipal agencies nationally can participate in000porohv000robooingoohvihoouudordhoirowmoto1oluw. Tb000 lov/o can be found on our v/oboib: at . 3.5.1 For Members within the Commonwealth ofVirginia, this RFP is intended to be o 'joint procurement ogroonnon[` as d000dbod in \/ir. Code V 22'4304(A), and those Virginia Members identified inAppendix Cmay agree tobooJoint Purchaser under this RFP. C. YYHy RESPOND TO ANATlONAL COOPERATIVE PROCUREMENT CONTRACT 4 Page 354Of528 3_6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 3.6.1 National cooperative contracts potentially save time and effort for municipal and public agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in individual contracts,to meet the procurement needs of their respective agencies.Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP,resulting in a single,national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 3_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices,better overall value, and considerable time savings. 3_8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 39 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 3.10.National contract awarded by NJPA: NJPA seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies. Through a competitive proposal and evaluation process,the NJPA Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the NJPA Chief Procurement Officer. NJPA's primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for NJPA and our current and potential Member agencies throughout the United States and Canada to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 3.11 Beyond our primary intent,NJPA further desires to: 3.11.1 Award a four-year contract with a fifth-year contract option resulting from this RFP. Any fifth-year extension is exercised at NJPA's discretion and results from NJPA's contracting needs or from Member requests; this extension is not intended merely to accommodate an awarded Vendor's request.If NJPA grants a fifth-year extension,it may also terminate the contract(or cause it to expire)within the fifth year if the extended contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, NJPA may petition NJPA's Board of Directors to extend the contract term beyond five years. This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited; 5 Page 355 of 528 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; 3.11.3 Deliver "Value Added" aspects of the company, equipment/products and services as defined in the "Proposer's Response"; 3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of NJPA and NJPA Member agencies; and 3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received,NJPA may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of NJPA Members; in other situations, multiple vendors may be in the best interests of NJPA and the NJPA Members and preferred by NJPA to provide the widest array of solutions to meet the member agency's needs.NJPA retains sole discretion to determine which approach is in the best interests of NJPA Member agencies. 3.13 Non-Manufacturer Awards: NJPA reserves the right to make an award under this RFP to a non- manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor,the response received will be evaluated on the basis of a response made in conjunction with that manufacturer's authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of, and authorized to accept,purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified. 3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. When requested by NJPA,Proposers must document their authority to offer those products and/or services. E. SCOPE OF THIS RFP 3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope ofIELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES.; 3.17 Additional Scope Definitions: In addition to (ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES, this solicitation should be read to include, but not to be limited to: 3.17.1 Primary Offerings: Proposer's primary solution offerings may include: stationary and portable electrical generators; backup or standby generator sets; mobile or trailer mounted generators; enclosures; automatic transfer switches; switch gears; used generator sets; rental generator set agreements; and, generator-related design, installation, maintenance, or repair 6 Page 356 of 528 services. It is further intended that Proposer's primary solutions will be for, or related to, electrical energy power generation from biofuel or fossil fuel sources. 3.17.2 Incidental or Complementary Offerings: in addition to the primary offerings, Proposer may include incidental or complementary offerings of. solar panel and microgrid solutions;mobile light towers;trailers;and,replacement or repair parts related to the primary offerings. It is further intended that electrical energy generation from renewable energy sources will not be more than an incidental or complementary part of Proposer's proposed solutions. 3.17.3 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.17.3.1 Omitted] 3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a "Scope of Proposal,"please consider the validity of an inverse statement. 3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original"Scope" as intended by NJPA. 3.19 Best and Most Responsive—Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards,laws and regulations; and possess the willingness and ability to distribute,market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract:Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as "contract compliant,"products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 7 Page 357 of 528 3.23 Sole Source of Responsibility-NJPA desires a"Sole Source of Responsibility"Vendor. This means that the Vendor will take sole responsibility for the performance of delivered equipment/products/services. NJPA also desires sole responsibility with regard to: 3.23.1 Scope of Equipment/Products/Services:NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub-Contractor. Suggested Solutions Options include: 3.23.3 Multiple solutions to the needs of NJPA and NJPA Members are possible.Examples could include: 3.23.3.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 3.23.3.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services that provides a single price for equipment/products, delivery, and installation to a properly operating status.Generally this is the most desirable solution because NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.23.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers may offer the choice "of good, better, best" multiple-grade solutions to meet NJPA Members' needs. 3.23.3.4 Proven — Accepted — Leading-Edge Technology: Where appropriate and properly identified, Proposers may provide a spectrum of technology solutions to complement or enhance the proposed solutions to meet NJPA Members' needs. 3.23.4 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 3.24 Geographic Area to be Proposed: This RFP invites proposals to provide[ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES}o NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad;however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada, for instance,will be viewed as a value-added attribute. 8 Page 358 of 528 3.25 Contract Term: At NJPA's option, a Contract resulting from this RFP will become effective either on the date awarded by the NJPA Board of Directors or on the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 3.25.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members.NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 3.26 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.27 [This section is intentionally blank.] 3.28 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 3.28.1 With respect to Members within the Commonwealth of Virginia, this RFP is intended to be a "joint procurement agreement" as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C must be allowed to use this Contract as a Joint Purchaser. 3.29 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals are opened. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.30 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services and accessories, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated standards,needs, expectations, and requirements of NJPA and its Members. 3.30.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage,performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.30.2 Technical Descriptions/Specifications.Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause NJPA to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to: 3.30.2.1 demonstrate the Proposer's knowledge of industry standards and Member agency needs and expectations; 3.30.2.2 Identify the equipment/products and services being proposed as applicable to the needs and expectations of NJPA Member agencies; and 3.30.2.3 differentiate equipment/products and services from other industry manufacturers and providers. 9 Page 359 of 528 3.31 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer's "Hot List" described herein. 3.32 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 3.33 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational"must be clearly disclosed in the "Total Cost of Acquisition" section of the proposal. 3.34 Warranty: The Proposer warrants that all products, equipment,supplies,and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non-award. 3.35 Additional Warrants: The Proposer warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. G. SOLUTIONS-BASED SOLICITATION 3.36 The NJPA solicitation and contract award process is not based on detailed specifications. Instead,this RFP is a"Solutions-Based Solicitation." NJPA expects respondents to understand and anticipate the current and future needs of NJPA and its members—within the scope of this RFP—and to propose solutions that are commonly desired or required by law or industry standards. Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 3.37 While NJPA does not typically provide product and service specifications,the RFP may contain scope refinements and industry-specific questions. Where specific items are specified, those items should be considered the minimum required,which the proposal can exceed in order to meet Members' needs.NJPA may award all of the respondent's proposal or may limit the award to a subset of the proposal. lNs,rRLICTIONS FOR PREPikRING N"O 'R PRI POS XI_, A. INQUIRY PERIOD 4_1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for Submission." RFP packages will be distributed to potential Vendors during the inquiry period. B. PRE-PROPOSAL CONFERENCE 4_2 A pre-proposal conference will be held at the date and time specified in the timeline on page one of this RFP.Conference information will be sent to all potential Proposers,and attendance is optional.The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and NJPA's competitive contracting process. Only answers issued in writing by NJPA to questions asked before or during the pre-proposal conference are binding on the parties to an awarded contract. 10 Page 360 of 528 C. IDENTIFICATION OF KEY PERSONNEL 4_3 Awarded Vendors will designate one senior staff member to represent the Vendor to NJPA. This contact person will correspond with members for technical assistance, questions, or concerns that may arise, including instructions regarding different contacts for different geographical areas or product lines. 4_4 These designated individuals should also act as the primary contact for marketing, sales, and any other area deemed essential by the Proposer and NJPA. D. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS 4_5 Any exceptions, deviations, or contingencies regarding this RFP that a Proposer requests must be documented on Form C, Exceptions To Proposal, Terms, Conditions And Solutions Request. 4_6 Exceptions, deviations or contingencies requested in the Proposer's response,while possibly necessary in the view of the Proposer,may result in lower scoring or disqualification of a proposal. E. PROPOSAL FORMAT 4_7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. 4_8 All proposals must be properly labeled and sent to"The National Joint Powers Alliance,202 12th Street NE Staples,MN 56479." 4_9 All proposals must be physically delivered to NJPA at the above address with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor's response. The proposal must include these items. 4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed signature-page only from Forms A and P from this RFP; 4.9.2 Signed hard copies of all addenda issued for the RFP; 4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and 4.9.4 A complete copy of your response on a flash drive (or other approved electronic means). The electronic copy must contain completed Forms A, B, C, D, F, and P,your statement of products and pricing (including apparent discount), and all appropriate attachments. In order to ensure that your full response is evaluated,you must provide an electronic version of any material that you provide in a hard copy format. As a public agency, NJPA's proposals, responses, and awarded contracts are a matter of public record,except for such data that is classified as nonpublic.Accordingly,public data is available for review through a properly submitted public records request. To redact nonpublic information from your proposal (under Minnesota Statute §13.37), you must make your request within thirty (30) days of the contract award or non-award date. 4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the NJPA form and that the document is readable by NJPA. 11 Page 361 of 528 4.12 The Proposer must ensure that the proposal is in the physical possession of NJPA before the submission deadline. 4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening," and the deadline for proposal submission. NJPA is not responsible for untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 4.13 Proposers are responsible for checking directly with the NJPA website for any addendums to this RFP. Addendums to this RFP can change the terms and conditions of the RFP,including the proposal submission deadline. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4.14 Upon examination of this RFP document, Proposer should promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP will be considered by NJPA through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Proposers must not rely on them. 4.15 Submit all questions about this RFP, in writing, referencing ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES,AND SERVICES�o Chris Robinson at NJPA 202 12th Street NE, Staples, MN 56479 or to RFP@njpacoop.org. You may also call Chris Robinson at(218) 895-4168. NJPA urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the submission deadline generally cannot be answered.NJPA may, however, field purely procedural questions, questions about NJPA-issued addenda, or questions involving a Proposer withdrawing its response before the RFP submission deadline. 4.16 If NPJA deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself,NJPA will create an addendum to this RFP. 4.17 If NJPA deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RFP itself, no further documentation of that question is required. 4.18 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of any addenda. Copies of addenda will also be made available on the NJPA website at www.njpacoop.org (under"Current and Pending Solicitations") and from the NJPA offices. All Proposers must acknowledge their receipt of all addenda in their proposal response. 4.19 Any amendment to a submitted proposal must be in writing and must be delivered to NJPA by the RFP submission deadline. 4.20 through 4.21 [These sections are intentionally blank.] G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 4.22 A submitted proposal must not be modified,withdrawn, or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Before the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Procurement Manager. Such notice must be submitted in writing and must include the signature of the Proposer. The 12 Page 362 of 528 notice must be delivered to NJPA before the deadline for submission of proposals and must be so worded as not to reveal the content of the original proposal. The original proposal will not be physically returned to the potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully conform with the proposal instructions. H. PROPOSAL OPENING PROCEDURE 4.23 Sealed and properly identified responses for this RFP entitled ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES will be received by Chris Robinson, Procurement Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline identified on page one of this RFP. All Proposal responses must be submitted in a sealed package. The outside of the package must plainly identify ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES and the RFP number. To avoid premature opening, the Proposer must label the Proposal response properly. NJPA documents the receipt of proposals by immediately time- and date-stamping them. At the time of the public opening, the NJPA Director of Procurement or a representative from the NJPA Proposal Evaluation Committee will read the Proposer's names aloud and will determine whether each submission has met Level-1 responsiveness. 1. NJPA'S RIGHTS RESERVED 4.24 NJPA may exercise the following rights with regard to the RFP. 4.24.1 Reject any and all proposals received in response to this RFP; 4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this RFP; 4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal; 4.24.4 Consider and accept for evaluation a late modification of a proposal if 1)the proposal itself was submitted on time, 2) the modifications were requested by NJPA, and 3) the modifications make the terms of the proposal more favorable to NJPA or its members; 4.24.5 Waive any non-material deviations from the requirements and procedures of this RFP; 4.24.6 Extend the Contract,in increments determined by NJPA,not to exceed a total Contract term of five years; 4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA; 4.24.8 Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA corrects or amends any segment of the RFP after submission of proposals and before the announcement of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the RFP amendment and the new submission dates.NJPA will not be liable for any errors in the RFP or other responses related to the RFP; and 4.24.9 Extend proposal due dates. PRICING 5_1 NJPA requests that potential Proposers respond to this RFP only if they are able to offer a wide array of products and services at lower prices and with better value than what they would ordinarily offer to a single government agency, a school district, or a regional cooperative. 13 Page 363 of 528 5_2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service.While most RFP categories represent significant sales opportunities, NJPA makes no guarantees about the quantity of products or services that members will purchase. The estimated annual value of this contract is"30 Million Vendors are expected to anticipate additional volume through potential government, educational, and not- for-profit agencies that would find value in a national contract awarded by NJPA. 5_3 Regardless of the payment method selected by NJPA or an NJPA member, the total cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase. 5_4 All proposers must submit"Primary Pricing"in the form of either"Line-Item Pricing," or"Percentage Discount from Catalog Pricing,"or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as "Hot List," "Sourced Products," and "Volume Discounts," as well as financing options such as leasing. All pricing documents should include a clear effective date. A. LINE-ITEM PRICING 5_5 Line-item pricing is a pricing format in which individual products or services are offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing may offer the least amount of confusion, but Proposers with a large number of items may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and may increase the clarity of the contract pricing format. 5_6 All line-item pricing items must be numbered,organized, sectioned(including SKUs,when applicable), and prepared to be easily understood by the Evaluation Committee and members. 5_7 Submit Line-Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder's proposal. 5_8 Line-item pricing must be submitted to NJPA in a searchable spreadsheet format (e.g., Microsoft® Excel®)in order to facilitate quickly finding any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price quote for such product or services. 5_9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet,including any and all ancillary costs. 5.10 Proposers should provide both a published"List Price"as well as a"Proposed Contract Price"in their pricing matrix. Published List Price will be the standard "quantity of one" price currently available to government and educational customers, excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price (MSRP) for the products or services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP,including all manufacturer options applicable to the products or services. 14 Page 364 of 528 5.14 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current published MSRP with NJPA, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. C. COST PLUS A PERCENTAGE OF COST 5.15 "Cost plus a percentage of cost" as a primary pricing mechanism is not desirable. It is, however, acceptable for pricing sourced goods or services. D. HOT LIST PRICING 5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as "Hot List"pricing, at greater discounts than those listed in the standard Contract pricing. All product and service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to NJPA. Hot List pricing must be submitted in a line-item format. Products and services may be added or removed from the Hot List at any time through an NJPA Price and Product Change Form. 5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E. CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or services be offered under this Contract at prices above this ceiling price without a specific request and approval by NJPA. Contract prices may be reduced at any time, for example, to reflect volume discounts or to meet the needs of an NJPA Member. 5.19 [This section is intentionally blank.] F. VOLUME PRICE DISCOUNTS /ADDITIONAL QUANTITIES 5.20 through 5.23 [These sections are intentionally blank.] G. TOTAL COST OF ACQUISITION 5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party,is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user's location. For example,if you are proposing equipment/products FOB Proposer's dock,your proposal should reflect that the contract pricing does not provide for delivery beyond Proposer's dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that there are no additional costs of acquisition if the product is delivered to and operational at the end-user's location. H. SOURCED GOOD or OPEN MARKET ITEM 5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor's NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members' needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 15 Page 365 of 528 5.26 NJPA or NJPA Members may request products, equipment, and related services that are within the related scope of this RFP, even if they are not included in an awarded Vendor's line-item price list or catalog. These items are known as Sourced Goods or Open Market Items. 5.27 An awarded Vendor may source such items to the extent that the items are identified as "Sourced Products/Equipment" or "Open Market Items" on any quotation issued in reference to an NJPA awarded contract, and that this information is provided to either NJPA or an NJPA Member.NJPA is not responsible for determining whether a Sourced Good is an incidental portion of the overall purchase or whether a Member is able to consider a Sourced Good a purchase under an NJPA contract. 5.28 "Cost plus a percentage"pricing is an acceptable option in pricing of Sourced Goods. 1. PRODUCT&PRICE CHANGES 5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time throughout the contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form(located at the end of this RFP and on the NJPA website), signed by an authorized Vendor representative. All changes are subject to review and approval by NJPA. Submit your requests through email to your assigned Contract Manager and to PandP@njpacoop.org. 5.30 NJPA will determine whether the request is both within the scope of the original RFP and in the best interests of NJPA and NJPA Members.Approved Price and Product Change Request Forms will be returned to the Vendor contact through email. 5.31 The Vendor must 1) complete this change request form and individually list or attach all items subject to change, 2)provide a sufficiently detailed explanation and documentation for the change, and 3) include a compete restatement of pricing document in appropriate format(preferably Excel). The pricing document must identify all products and services being offered and must conform to the following NJPA product and price change naming convention: (Vendor Name) (NJPA Contract 4) (effective pricing date); for example, "COMPANY 012411-CPY effective 02-12-2016." 5.32 The new pricing restatement must include all products and services offered,even for those items whose pricing remains unchanged,and must include a new effective date on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP at any time during that Contract term to the extent that those products and related services are within the scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality. 5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no longer available. 5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially. Conversely, a request for a 3%increase in prices based only on a 3%increase in a cost-of-living index may be considered unreasonable. Although NJPA is sensitive to the possibility of fluctuations in raw material costs, prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract. 5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies. 16 Page 366 of 528 5.35.2 Price increases: A Vendor must include reasonable documentation for price-increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard. 5.36 through 5.37 [These sections are intentionally blank.] 5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 5.39 through 5.43 [These sections are intentionally blank.] K. SALES TAX 5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax-exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax-exempt status to the Vendor. When ordering,NJPA Members must indicate that they are tax-exempt entities. Except as set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a Contract resulting from this RFP. L. SHIPPING 5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor's shipping program. Shipping charges should reasonably reflect the actual cost of shipping.NJPA understands that Vendors may use other shipping cost methods for simplicity or for transparency.But to the extent that shipping costs are determined to disproportionately increase a Vendor's profit, NJPA may reduce the points awarded in the "Pricing" criteria. 5.46 through 5.47 [These sections are intentionally blank.] 5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing made-to-order products may not allow returns. Proposals will be evaluated not only on the actual costs of shipping, but on the relative flexibility extended to NJPA Members relating to restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects. 5.49 through 5.50 [These sections are intentionally blank.] 5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to NJPA or NJPA Member.NJPA and NJPA Members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery. 5.52 The Vendor must deliver Contract-conforming products in each shipment and may not substitute products without the express approval from NJPA or the NJPA Member. 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products, 17 Page 367 of 528 the NJPA Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the NJPA member. 5.54 Throughout the term of the Contract,Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products. E "< i_,I',,X,nO: OF PROPOSXLS A. PROPOSAL EVALUATION PROCESS 6_1 The NJPA proposal evaluation committee will evaluate proposals received based on a 1,000 point evaluation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible scores for each category on Form G of this RFP. The committee may adjust the relative weight of the criteria for each RFP. (For example,if the "Warranty" criterion does not apply to a particular RFP, the points normally awarded under"Warranty" may be used to increase the number of potential points in another evaluation category or categories.)The"Pricing"criterion will contain at least a plurality of points for every RFP. 6_2 NJPA uses a scoring system that gives primary importance to"Pricing."But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer's offering represents the best value. The evaluation committee may consider such factors as life-cycle costs,total cost of ownership,quality,and the suitability of an offering in meeting NJPA Members'needs.Pricing points may be awarded based on pricing clarity and ease of use. NJPA may also award points based on whether a response contains exceptions, exclusions, or limitations of liabilities. 6_3 The NJPA Board of Directors will consider making awards to the selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness," found just below. B. PROPOSER RESPONSIVENESS 6_4 All responses are evaluated for Level-One and Level-Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions,it may be considered nonresponsive. 6_5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level-One Responsiveness, which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive. 6_6 Level-One Responsiveness means that the response 6.6.1 is received before the deadline for submission or it will be returned unopened; 6.6.2 is properly addressed and identified as a sealed proposal with a specific RFP number and an opening date and time; 6.6.3 contains a pricing document(with apparent discounts)and all other forms fully completed, even if "not applicable"is the answer; 18 Page 368 of 528 6.6.4 includes the original(hard copy) completed, dated, and signed RFP forms C, D, and F. In addition, the response must include the hard-copy signed signature page only from RFP Forms A and P and, if applicable, all signed addenda that have been issued in relation to this RFP; 6.6.5 contains an electronic (CD, flash drive, or other suitable) copy of the entire response; and 6_7 Level-Two Responsiveness (including whether the response is within the RFP's scope) is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance.Each item draws from multiple questions, and a Proposer's responses may affect scoring in multiple evaluation criteria. For example,the answers to Industry-Specific Questions may help determine scoring relative to a Proposer's marketplace success, ability to sell and service nationwide, and financial strength. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response. C. PROPOSAL EVALUATION CRITERIA 6_8 Forms A and P include a series of questions that address the following categories: 6.8.1 Company Information and Financial Strength 6.8.2 Industry Requirements and Marketplace Success 6.8.3 Ability to Sell and Deliver Service Nationwide 6.8.4 Marketing Plan 6.8.5 Other Cooperative Procurement Contracts 6.8.6 Value-Added Attributes 6.8.7 Payment Terms and Financing Options 6.8.8 Warranty 6.8.9 Equipment/Products/Services 6.8.10 Pricing and Delivery 6.8.11 Industry-Specific Questions 6_9 [This section is intentionally blank.] D. OTHER CONSIDERATIONS 6.10 In evaluating RFP responses,NJPA has no obligation to consider information that is not provided in the Proposer's response. NJPA may, however, consider additional information outside the Proposer's response. This research may include such sources as the Proposer's website, industry publications, listed references, and user interviews. 6.11 NJPA may organize RFP responses into separate classes or subcategories, depending on the range of responses. For example, NJPA might receive numerous submissions for "Widgets and Related Products and Services." NJPA may organize these responses into subcategories, such as manufacturers of fully operational Widgets,manufacturers of component parts for Widgets, and providers of parts and service for Widgets. NJPA reserves the right to award Proposers in some or all of such subcategories without regard to the evaluation score given to Proposers in another subcategory. This specifically allows NJPA to award Vendors that might not have, for instance,the breadth of products of Proposers in another subcategory,but that nonetheless meet a substantial and articulated need of NJPA Members. 19 Page 369 of 528 6.12 [This section is intentionally blank.] 6.13 NJPA reserves the right to request and test equipment/products and related services and to seek clarification from Proposers. Before the Contract award, the Proposer must furnish the requested information within three (3) days (or within another agreed-to time frame) or provide an explanation for the delay along with a requested time frame for providing the requested information.Proposers must make reasonable efforts to supply test products promptly. All Proposer products remain the property of the Proposer, and NJPA will return such products after the evaluation process. NJPA may make provisional contract awards, subject to a Proposer's proper response to a request for information or products. 6.14 A Proposer's past performance under previously awarded contracts to schools,governmental agencies, and not-for-profit entities is relevant in evaluating a Proposer's current response. Past performance includes the Proposer's record of conforming to published specifications and to standards of good workmanship, as well as the Proposer's history for reasonable and cooperative behavior and for commitment to Member satisfaction.Incumbency as an awarded Vendor does not,by itself,merit positive consideration for a future Contract award. 6.15 NJPA reserves the right to reject any or all proposals. E. COST COMPARISON 6.16 NJPA may use a variety of evaluation methods,including cost comparisons of specific products.NJPA reserves the right to use this process when the proposal evaluation committee determines that this will help to make a final determination. 6.17 This direct cost comparison process will award points for being low to high Proposer for each cost evaluation item selected. A"Market Basket"of identical(or substantially similar) equipment/products and related services may be selected by the proposal evaluation committee, and the unit cost will be used as a basis for determining the point value. NJPA will select the "Market Basket" from all appropriate product categories as determined by NJPA. F. MARKETING PLAN 6.18 A Proposer's marketing plan is a critical component of the RFP response.An awarded Vendor's sales force will likely be the primary source of communication with NJPA Members and will directly affect the contract's success. Marketing success depends on communicating the contract's value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to the end user. Much of the success and sales reward is a direct result of the commitment to the contract by the awarded Vendor's sales teams. NJPA reserves the right to deem a Proposer Level-Two nonresponsive or not to award a contract based on an unacceptable or incomplete marketing plan. 6.19 NJPA marketing expectations include the following components. 6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and service products through acceptable distribution channels to NJPA members in all 50 states. Proposers' responses should fully demonstrate their sales and service capabilities,should outline their national sales force network(both numerically geographically), and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing,but NJPA encourages related services to be a part of Proposers' response. Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service, NJPA reserves the right to award contracts that meet specific Member needs locally or regionally. 6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an NJPA contract to current and potential Members nationwide.NJPA 20 Page 370 of 528 desires a marketing plan that communicates the value of the contract to as many Members as possible. 6.19.3 Proposers are expected to be receptive to NJPA trainings. Awarded Vendors must provide an appropriate training venue for both management and the sales force.NJPA commits to providing training on all aspects of communicating the value of the awarded contract,including the authority of NJPA to offer the contract to its Members, the value and utility the contract delivers to NJPA Members, the scope of NJPA Membership, the authority of Members to use NJPA procurement contracts, the preferred marketing and sales methods, and the successful use of specific business sector strategies. 6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the NJPA contract.Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the NJPA contract, as well as the internal procedures needed to deliver the appropriate messaging to NJPA Members. NJPA will provide a general schedule and a variety of methods describing when and how those individuals should be trained. 6.19.5 Proposers should outline their proposed involvement in promoting an NJPA contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA-endorsed national trade shows. 6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract- specific marketing materials including the following items. 6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining how they will launch the NJPA contract to current and potential NJPA Members. NJPA requires awarded Vendors to embrace and actively promote the contract in cooperation with the NJPA. 6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full color print advertisements in camera-ready electronic format,including company logos and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract announcements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals, and other direct or indirect marketing activities promoting the awarded NJPA contract. 6.19.6.4 Proposer's Website. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer's website. An online shopping experience for NJPA Members is desired whenever possible. 6.19.7 An NJPA Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples,MN unless the Vendor and NJPA agree to a different location. 6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA. G. CERTIFICATE OF INSURANCE 6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance (COI) or an ACORD binder form with their proposal.Upon an award issued under 21 Page 371 of 528 this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification,in the form of a Certificate of Insurance,identifying the coverage required below and identifying NJPA as a"Certificate Holder."The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting from this solicitation. 6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process. Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal,NJPA will typically not consider any additional exceptions or assumptions during the evaluation process. Upon contract award, the awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified. 6.23 Insurance Liability Limits.The awarded Vendor must maintain, for the duration of its contract, $1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of S1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract. 6.23.1 Minimum Scope and Limits of Insurance. An awarded Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form"basis. 6.23.1.1 Commercial General Liability—Occurrence Form Policy shall include bodily injury,property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract and in no way limit any indemnity covenants contained in this Contract. NJPA does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, representatives, employees, or subcontractors, and the Vendor is free to purchase additional insurance as may be determined necessary. 6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an "A.M. Best"rating of not less than A-VIL NJPA does not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors' certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above. H. ORDER PROCESS AND/OR FUNDS FLOW 6.27 NJPA Members typically issue a purchase order directly to a Vendor under a Contract resulting from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services offered in response to this RFP.Nothing in this Contract restricts the Member and Vendor from agreeing to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to NJPA's Members. 6.28 [This section is intentionally blank.] 22 Page 372 of 528 L ADMINISTRATIVE FEES 6.29 Vendors will pay to NJPA an administrative fee in exchange for NJPA facilitating this Contract with its current and potential Members. NJPA may grant a conditional contract award to a Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for NJPA to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue. 6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by NJPA Members under this Contract, including anything represented to NJPA Members as falling under this Contract. 6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer's response to the RFP.Awarded Vendors must not charge NJPA Members more that permitted in the then current price list in order to offset the administrative fee. 6.29.3 The administrative fee is designed to cover the costs of NJPA's involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 The typical administrative fee under this Contract is two percent(2%). While NJPA does not dictate the particular fee percentage,we require that the Proposer articulate a specific fee in its response. For example, merely stating that"we agree to pay an administrative fee" is considered nonresponsive. NPJA acknowledges that the administrative fee percentage may differ between vendors,industries, and responses. 6.29.5 NJPA awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with NJPA in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract. 6.30 through 6.32 [This section is intentionally blank.] J. VALUE—ADDED ATTRIBUTES 6.33 Desirability of Value-Added Attributes: Value-added attributes in an RFP response will be given positive consideration in NJPA's evaluation process. Such attributes may increase the benefit of a product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy efficiency, ordering, or other items while remaining within the scope of this RFP. 6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses: Some NJPA Members give formal preference to certain types of vendors or contractors. Proposers should document WMBE(or other) status for both their organization and for any affiliates(e.g., supplier networks)involved in fulfilling the terms of this RFP.The ability of a Proposer to provide preferred business entity "credits" to NJPA and NJPA Members under a Contract will be evaluated positively by NJPA and reflected in the "value added"area of the evaluation. 6.35 Environmentally Preferred Purchasing Opportunities: Many NJPA Members consider the environmental impact of the products and services they purchase. "Green" characteristics demonstrated by Proposers will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. Please identify any green characteristics of any offering in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as green and by which certifying agency. 6.36 Online Requisitioning Systems: When applicable, online requisitioning systems will be viewed as a value-added characteristic. Proposers should demonstrate how their system makes online ordering easier 23 Page 373 of 528 for NJPA Members, including how Members could integrate their current e-Procurement or enterprise resource planning (ERP) systems into the Proposer's ordering process. 6.37 Financing: The ability of the Proposer to provide financing solutions to Members for the products and services being proposed will be viewed as a value-added attribute. 6.38 Technology: Technological advances that appreciably improve the proposed products or services will be considered value-added attributes. K. WAIVER OF FORMALITIES 6.39 NJPA reserves the right to waive minor formalities (or to accept minor irregularities)in any proposal, when it determines that considering the proposal may be in the best interest of its Members. 7 Pos,r-,,k%N,,XRD OPERA,rING 1SSLIES A. SUBSEQUENT AGREEMENTS 7_1 Purchase Order. Purchase orders for products and services may be executed between NJPA Members and the awarded Vendor(or Vendor's sub-contractors) under this Contract. NJPA Members and Vendors must indicate on the face of such purchase orders that"This purchase order is issued under NJPA contract 4XXXXXX" (insert the relevant contract number). Purchase order flow and procedure will be developed jointly between NJPA and an awarded Vendor after an award is made. 7_2 Governing Law. Purchase orders must be construed in accordance with, and governed by,the laws of a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) All provisions required by law to be included in the purchase order should be read and enforced as if they were included. If through mistake or otherwise any such provision is not included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to purchase order will be a court of competent jurisdiction with respect to the Member. 7_3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be proposed by NJPA,NJPA Members, or Vendors. Acceptance of these additional terms and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address job-or industry-specific requirements of law such as prevailing wage legislation. Additional terms and conditions may also include specific local policy requirements and standard business practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered valid to the extent that they interfere with the general purpose,intent, or currently established terms and conditions contain in this RFP document.For example, a Vendor and Member may agree to add a"net 30"payment requirement to the purchase order instead of applying a"net 10"requirement. But the added terms and conditions must not be less favorable to the Member unless NJPA, the Member, and the Vendor agree to a Contract amendment or similar modification. 7_4 Specialized Service Requirements. In the event that the NJPA Member desires service requirements or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in the Contract resulting from this RFP, the NJPA Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by the Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, and employees shall not be made a party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part of or within the scope of the awarded Contract. 24 Page 374 of 528 7_5 Performance Bond. At the request of the Member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a required performance bond by the member agency, NJPA recommends that the current pending purchase order be canceled. Each Member has the final decision on purchase order continuation. Any performance bonding required by the Member,the Member's state laws, or by local policy is to be mutually agreed upon and secured between the Vendor and the Member. 7.6 Asset Management Contracts: Asset Management-type Contracts can be initiated under a Contract resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term efficiency of NJPA's contracts by (among other things) extending the use and re-use of products. Asset Management Contracts cannot be created under this Contract unless they are executed within the authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract may, however, extend beyond the expiration date of this Contract. B. NJPA MEMBER SIGN-UP PROCEDURE 7_7 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms of NJPA membership documentation and will encourage and assist potential Members in establishing membership with NJPA. NJPA membership is available at no cost, obligation, or liability to the Member or the Vendor. C. REPORTING OF SALES ACTIVITY 7_8 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by NJPA Members as it applies to this RFP and Contract. This report must include the name and address of the purchasing agency, Member number, amount of purchase, and a description of the items purchased. 7.8.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless of the amount of sales. D. AUDITS 79 NJPA relies substantially on the reasonable auditing efforts of both Members and awarded Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all NJPA contracts. Nonetheless, the Vendor must retain and make available to NJPA all order and invoicing documentation related to purchases that Members make from the Vendor under the awarded Contract. NJPA must not request such information more than once per calendar year, and NJPA must make such requests in writing with at least fourteen(14) days' notice.NJPA may employ an independent auditor at its own expense or conduct an audit on its own. In either event, the Vendor agrees to cooperate fully with NJPA or its agents in order to ensure compliance with this Contract. E. HUB PARTNER 7.10 Hub Partner: NJPA Members may request special services through a"Hub Partner" for the purpose of complying with a law, regulation, or rule that an NJPA Member deems to apply in its jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, through qualifying for disadvantaged business entity credits, or through other means. 7.11 Hub Partner Fees: NJPA Members are responsible for any transaction fees, costs, or expenses that arise under this Contract for special service provided by the Hub Partner.The fees,costs,or expenses levied by the Hub Vendor must be clearly itemized in the transaction documentation.To the extent that the Vendor 25 Page 375 of 528 stands in the chain of title during a transaction resulting from this RFP, the documentation must clearly indicate that the transaction is "Executed for the Benefit of[NJPA Member name]." F. TRADE-INS 7.12 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified"Trade-In"value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration. G. OUT OF STOCK NOTIFICATION 7.13 The Vendor must immediately notify NJPA Members when they order an out-of-stock item. The Vendor must also tell the Member when the item will be available and whether there are equivalent substitutes. The Member must have the option of accepting the suggested substitute or canceling the item from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or substituted items must be indicated on the packing list. H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE 7.14 NJPA reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any material obligation,term,or condition as described in the following procedure. Before any such termination for cause, the NJPA will provide written notice to the Vendor, an opportunity to respond, and a reasonable opportunity to cure the breach. The following are some examples of material breaches. 7.14.1 The Vendor provides products or services that do not meet reasonable quality standards and that are not remedied under the warranty; 7.14.2 The Vendor fails to ship the products or to provide the services within a reasonable amount of time; 7.14.3 NJPA reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract,NJPA issues a request for assurance, and the Vendor fails to respond; 7.14.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract; 7.14.5 The Vendor fails to follow the established procedure for purchase orders,invoices, or receipt of funds as established by NJPA and the Vendor; 7.14.6 The Vendor fails to properly report quarterly sales; 7.14.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the NJPA contract launch. 7.15 Upon receipt of the written notice of breach,the Vendor will have ten(10)business days to provide a satisfactory response to NJPA. If the Vendor fails to reasonably address all issues in the written notice, NJPA may terminate the Contract immediately.If NJPA allows the Vendor more time to remedy the breach, such forbearance does not limit NJPA's authority to immediately terminate the Contract for continued breaches for which notice was given to the Vendor. Termination of the Contract for cause does not relieve either party of the financial,product, or service obligations incurred before the termination. 7.16 NJPA may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third party. The Vendor must disclose to NJPA any litigation, bankruptcy, or 26 Page 376 of 528 suspensions/disbarments that occur during the Contract period. Failure to disclose such information authorizes NJPA to immediately terminate the Contract. 7.17 NJPA may terminate the Contract without cause by giving the Vendor sixty (60) days' written notice of termination. Termination of the Contract without cause does not relieve either party of the financial, product, or service obligations incurred before the termination. 7.18 NJPA may immediately terminate any Contract without further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of NJPA has colluded with any Proposer for personal gain. NJPA may also immediately cancel a Contract if it finds that gratuities,in the form of entertainment,gifts or otherwise,were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of NJPA. Such terminations are effective upon written notice from NJPA or at a later date designated in the notice. Termination of the Contract does not relieve either party of the financial,product, or service obligations incurred before the termination. E: ERAL rER I < : D CONDFriONS 8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 8_1 Proposer/Vendor must not advertise or publish information concerning this Contract before the award is announced by NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B. APPLICABLE LAW 8_2 [This section is intentionally blank.] 8_3 NJPA Compliance with Minnesota Procurement Law: NJPA has designed its procurement process to comply with best practices in the State of Minnesota. NJPA's solicitation methods are also created to comply with many of the various requirements that our Members must satisfy in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each NJPA Member must make its own determination whether NJPA's solicitation process satisfies the procurement rules in the Member's jurisdiction. 8_4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern NJPA contracts resulting from this solicitation. 8_5 Jurisdiction: Any claims that arise against NJPA pertaining to this RFP, and any resulting contract that develops between NJPA and any other party, must be brought only in courts in Todd County in the State of Minnesota unless otherwise agreed to. 8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member. Any claim arising from such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to. 8.6 through 8.7 [This section is intentionally blank.] 8_8 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other party and the results thereof. NJPA's liability is governed by the Minnesota Tort Claims Act(Minn. Stat. §3.736) and other applicable law. 27 Page 377 of 528 8_9 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the NJPA Member. The Vendor must monitor the prevailing wage rates as established by the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly. 8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims,judgments, and costs instituted or recovered against the Vendor,NJPA, or NJPA Members by any person on account of the use or sale of any articles by NJPA or NJPA Members if the Vendor supplied such articles in violation of applicable patent or copyright laws. C. ASSIGNMENT OF CONTRACT 8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor under this Contract may be made without prior written permission of the NJPA. NJPA will notify Members by posting approved assignments on the NJPA website (www.njpacoop.org). 8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor-in-interest must perform all obligations under this Contract. NJPA reserves the right to reject the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. D. LIST OF PROPOSERS 8.13 NJPA will not maintain a list of interested proposers,nor will it automatically send RFPs to them. All interested proposers must request the RFP as a result of NJPA's national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers,NJPA has determined this to be the best method of fairly soliciting proposals. E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. F. DATA PRACTICES 8.15 All materials submitted in response to this RFP become NJPA's property and become public records (under Minn. Stat. §13.591) after the evaluation process is completed. If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic information (as defined by the Minnesota Government Data Practices Act, Minn. Stat. §13.37), the Proposer must meet the following requirements. 8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward notification, and include the appropriate statutory justification.Pricing, marketing plans, and financial information is generally not redactable. The NJPA Legal Department will review the request to determine whether the information can be withheld or redacted.If NJPA determines that it must disclose the information upon a proper request for such information, NJPA will inform the Proposer of such determination. 8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be nonpublic information, and it must indemnify and hold harmless NJPA,its agents, and employees, from any judgments or damages awarded against NJPA in favor of the party requesting the materials, and any and all costs connected with that defense.This indemnification survives the term of any contract awarded under this RFP. In submitting a response to this RFP,the Proposer agrees that this indemnification survives as long as NJPA possesses the confidential information. 28 Page 378 of 528 8.16 [This section is intentionally blank.] G. ENTIRE AGREEMENT 8.17 This Contract, as defined herein, constitutes the entire agreement between the parties to this Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award&Acceptance document(Form E). H. FORCE MAJEURE 8.18 Except for payments of sums due,neither party is liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts,injunctions-intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market,inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party must(if possible)notify the other party of such delay within forty-eight(48)hours. 8.19 through 8.20 [These sections are intentionally blank.] L LICENSES 8.21 The Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with NJPA and NJPA Members. 8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and distribute the offered products and services to NJPA and NJPA Members. Documentation of the required licenses and authorities,if applicable, should be included in the Proposer's response to this RFP. J. MATERIAL SUPPLIERS AND SUB-CONTRACTORS 8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or an NJPA Member. K. NON-WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder,nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or to assert any right hereunder does not constitute a waiver of such right. L. PROTESTS OF AWARDS MADE 29 Page 379 of 528 8.25 And protests must be filed with NJPA's Executive Director and must be resolved in accordance with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or nonaward must be filed in writing with NJPA within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items. 8.25.1 The name, address, and telephone number of the protester; 8.25.2 The original signature of the protester or its representative (you must document the authority of the representative); 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts; 8.25.6 Identification of the issues to be resolved; 8.25.7 The aggrieved party's argument and supporting documentation; 8.25.8 The aggrieved party's statement of potential financial damages; and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party's statement of potential financial damages. M. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five (5) years, any firm, business, person or Proposer responding to an NJPA solicitation has been lawfully terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment,the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. N. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. 8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP.Vendors must comply with any such requirements or requests. O. SEVERABILITY 8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, or statutory provision,or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. P. RELATIONSHIP OF PARTIES 8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship between NJPA and an awarded Vendor is one of independent contractors, each free to exercise judgment 30 Page 380 of 528 and discretion with regard to the conduct of their respective businesses. The parties neither intend the proposed Contract to create,nor is to be construed as creating, a partnership,joint venture,master-servant, principal-agent, or any other,relationship. Except as provided elsewhere in this RFP,neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever except as may be expressly provided herein. 9 FOR-NIS [THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 31 Page 381 of 528 Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P Proposer Name: Questionnaire completed by: Please identify the person NJPA should correspond with from now through the Award process: Name: E-Mail address: Please answer the questions below using the Microsoft Word°version of this document. This allows NJPA evaluators to cut and paste your answers into a separate worksheet.Place your answer directly below each question.NJPA prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank;mark"NA"if the question does not apply to you(preferably with an explanation). Please create a response that is easy to read and understand. For example,you may consider using a different font and color to distinguish your answer from the questions. Company Information &Financial Strength 1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business. 2) Provide a brief history of your company,including your company's core values,business philosophy, and longevity in the ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES ' industry. 3) Provide a detailed description of the products and services that you are offering in your proposal. 4) What are your company's expectations in the event of an award? 5) Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. 6) What is your US market share for the solutions that you are proposing? What is your Canadian market share,if any? 7) Has your business ever petitioned for bankruptcy protection?Please explain in detail. 8) How is your organization best described:is it a manufacturer,a distributor/dealer/reseller,or a service provider? Answer whichever question(either a) or b)just below)best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable,is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider,please describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 9) If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held,by your organization(including third parties and subcontractors that you use)in pursuit of the business contemplated by this RFP. 10) Provide all"Suspension or Disbarment"information that has applied to your organization during the past ten years. 11) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. 32 Page 382 of 528 Industry ReCo2nition &Marketplace Success 12) Describe any relevant industry awards or recognition that your company has received in the past five years. 13) Supply three references/testimonials from your customers who are eligible for NJPA membership. At a minimum, please include the entity's name, contact person, and phone number. 14) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type, the state the entity is located in, scope of the projects, size of transactions, and dollar volumes from the past three years. 15) Indicate separately what percentages of your sales are to the government and education sectors in the past three years? 16) List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 17) List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Proposer's Ability to Sell and Deliver Service Nationwide 18) Describe your company's capability to meet NJPA Member's needs across the country. Your response should address at least the following areas. a) Sales force. b) Dealer network or other distribution methods. c) Service force. Please include details,such as the locations of your network of sales and service providers,the number of workers(full- time equivalents) involved in each sector, whether these workers are your direct employers (or employees of a third parry), and any overlap between the sales and service functions. 19) Describe in detail the process and procedure of your customer service program, if applicable. Please include your response-time capabilities and commitments,as well as any incentives that help your providers meet your stated service goals or promises. 20) a)Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. b) Identify any NJPA Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Please explain your answer. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 21) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. Marketing Plan 22) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams (whichever apply)to ensure maximum impact?Please include how you will communicate your NJPA pricing and other contract detail to your sales force nationally. 23) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of your marketing materials in electronic format. 24) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. 33 Page 383 of 528 25) In your view, what is NJPA's role in promoting contracts arising out of this RFP? How will you integrate an NJPA- awarded contract into your sales process? 26) Are your products or services available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Value-Added Attributes 27) Describe any product, equipment,maintenance, or operator training programs that you offer to NJPA Members.Please include details, such as whether training is standard or optional,who provides training, and any costs that apply. 28) Describe any technological advances that your proposed products or services offer. 29) Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 30) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations that your company or hub partners have obtained. 31) What unique attributes does your company,your products, or your services offer to NJPA Members?What makes your proposed solutions unique in your industry as it applies to NJPA members? 32) Identify your ability and willingness to provide your products and services to NJPA member agencies in Canada. NOTE: Questions regarding Payment Terms,Warranty,Products/Equipment/Services,Pricing and Delivery, and Industry Specific Items are addressed on Form P. Signature: Date: 34 Page 384 of 528 Form B � *' PROPOSER INFORMATION Company Name: Address: City/State/Zip: Phone: Fax: Toll-Free Number: E-mail: Website Address: COMPANY PERSONNEL CONTACTS Authorized signer for your organization Name: Email: Phone: The person identified here must have proper signing authority to sign the "Proposer's Assurance of Compliance" on behalf of the Proposer. Who prepared your RFP response? Name: Title: Email: Phone: Who is your company's primary contact person for this proposal? Name: Title: Email: Phone: Other important contact information Name: Title: Email: Phone: Name: Title: Email: Phone: 35 Page 385 of 528 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, f.:f AND SOLUTIONS REQUEST � '"�' Company Name: I i�JPA;£! Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term, Condition, or NJPA Section/page Specification Exception ACCEPTS Proposer's Signature: Date: NJPA's clarification on exceptions listed above: 36 Page 386 of 528 Contract Award RFP 1#12061' FORM D Formal Offering of Proposal *: (To be completed only by the Proposer) (ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES In compliance with the Request for Proposal (RFP) for [ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES, Ithe undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: Date: Company Address: City: State: Zip: Contact Person: Title: Authorized Signature: (Name printed or typed) 37 Page 387 of 528 Form E �" ¢ 4NJl w Contract Acceptance and Award (To be completed only by NJPA) NJPAL#I 20617 Proposer's full legal name Your proposal is hereby accepted, and a Contract is awarded. As an awarded Proposer,you are now bound to provide the defined products and services contained in your proposal offering according to all terms,conditions, and pricing set forth in this RFP, any amendments to this RFP,your response, and any exceptions accepted by NJPA. The effective start date of the Contract will be , 20 and continue until- (no later than the later of four years from the expiration date of the currently awarded contract or four years from the NJPA Board's contract award date). This contract may be extended for a fifth year at NJPA's discretion. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: NJPA Executive Director (Name printed or typed) Awarded this day of , 20 NJPA Contract Number L#I20617 1 NJPA Authorized signature: NJPA Board Member (Name printed or typed) Executed this day of 20 NJPA Contract Number::#120617 The Proposer hereby accepts this Contract award,including all accepted exceptions and NJPA clarifications. Vendor Name Vendor Authorized signature: (Name printed or typed) Title: Executed this day of 20 NJPA Contract Number I X120617 1 38 Page 388 of 528 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal(the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services,all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of,and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts,purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a"trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 Page 389 of 528 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: Address: City/State/Zip: Telephone Number: E-mail Address: Authorized Signature: Authorized Name (printed): Title: Date: Notarized Subscribed and sworn to before me this day of 20 Notary Public in and for the County of State of My commission expires: Signature: 40 Page 390 of 528 Form G �� OVERALL EVALUATION AND CRITERIA ;�9 For the Proposed Subject ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES Conformance to RFP Terms and Conditions 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service Nationwide 100 Marketing Plan 50 Value-Added Attributes 75 Warranty 50 Depth and Breadth of Offered Products and Related 200 Services Pricing 400 TOTAL POINTS 1000 Reviewed by: Its Its 41 Page 391 of 528 (9Forme �k*��,� PROPOSER QUESTIONNAIRE Payment Terms,Warranty,Products and Services,Pricing and Delivery,and Industry-Specific Questions Proposer Name: Questionnaire completed by: Payment Terms and Financine Options 1) What are your payment terms (e.g.,net 10,net 30)? 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?. 3) Briefly describe your proposed order process.Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer(or some other entity)will process the NJPA Members' purchase orders. 4) Do you accept the P-card procurement and payment process? If so,is there any additional cost to NJPA Members for using this process? Warranty 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products,parts, and labor? • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? • Will you cover warranty service for items made by other manufacturers that are part of your proposal,or are these warranties issues typically passed on to the original equipment manufacturer? • What are your proposed exchange and return programs and policies? 6) Describe any service contract options for the items included in your proposal. Pricine,Delivery,Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. 8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 42 Page 392 of 528 9) Please quantify the discount range presented in this response. For example,indicate that the pricing in your response represents is a 50%percent discount from the MSRP or your published list. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality,university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. c.better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 12) Propose a method of facilitating "sourced"products or related services, which may be referred to as "open market" items or"nonstandard options". For example,you may supply such items "at cost" or"at cost plus a percentage," or you may supply a quote for each such request. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up,mandatory training, or initial inspection.Identify any parties that impose such costs and their relationship to the Proposer. 14) If delivery or shipping is an additional cost to the NJPA Member,describe in detail the complete shipping and delivery program. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing,that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating,managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Industry-Specific Questions 19) Please specify product and voltage range the generator equipment that you are offering. 20) Describe your mobile or trailer mounted units,if any, and specify the ranges. 21) If you are providing trailers as part of a turnkey package,please provide details. 22) Describe how you will include customization and the pricing of such for the units. 23) Describe installation and service programs, and identify the associated services, service provider locations and pricing. 24) Describe any preventative maintenance or extended service coverage agreements. 25) Do you provide preventive,periodic or full maintenance plans/programs for the solutions you are proposing in this response? a. If so,provide a recommended service &maintenance agreement for a periodic/preventative and or full maintenance plan. b. What are recommended service intervals? 26) Describe your rental agreements and pricing schedule. 43 Page 393 of 528 27) Will you include used equipment and if so,provide a pricing strategy for these units. 28) Provide a general overview of your products EPA compliance. 29) Identify the lifecycle cost of ownership of your generator solutions. Signature: Date: 44 Page 394 of 528 10 PRE-SUBMISSION CHECKLls,r (a Electronic Copy Check when Hard Copy Required Required-CD or Completed Contents of Your Bid Proposal Signed and Dated Flash Drive Form A: Proposer Questionnaire with all questions answered completely IX-signature page only IX Form B: Proposer Information X Form C: Exceptions to Proposal,Terms, Conditions, and Solutions Request X X Form D: Formal Offering of Proposal X X Form E. Contract Acceptance and Award X Form F: Proposers Assurance of Compliance X X Form P: Proposer Questionnaire with all questions answered completely X-signature page only X Certificate of Insurance with $1.5 million coverage X X Copy of all RFP Addendums issued by NJPA X X Pricingforall Products/Equipment/Services within the RFP being proposed X Entire Proposal submittal including signed documents and forms. X All forms in the Hard Copy Required Signed and Dated should be inserted in the front of the submitted response, unbound. Package containing your proposal labeled and sealed with the following language: "Competitive Proposal Enclosed, Hold for Public Ope n i ng XX-XX-XXXX" Response Package mailed and delivered priorto deadline to: NJPA, 20212th St NE, Staples, MN 56479 45 Page 395 of 528 11 NJPA VENDOR PRICE AND PRODUCTCHANGE Rl,'WESTFORM Section 1. Instructions for Vendor Requests for product or service contractterm. All requests must be made in writing by completing sections 2,3,and 4 of this NJPA Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the NJPA Contracts & Compliance Manager and to approval by NJPA's Chief Procurement Officer. Submit request through email to your assigned NJPA Contract Administrator.:: NJ9AwiD dob:onbno whether the request is |) within the oompo of the original and best interests of NJ9A oudN79A Members. Approved 9doo and Product Cbougo Request Forms will be signed and onnoilod to the Vendor contact. The Vendor must oo complete tdd ob request formand individually list or attach all items or oorvi000 subject to obon tprovide o [Goion|k'dota�odolouohonouddoouo�ont"'i`nfordhoobougo and o�uotinclude ocomplete rooto1onnont of pricing documentation in an appropriatefo (preferably Microsoftg l$V). The prici document must identify products and services being offered and must conform tothe following NJ9Aproduct/price change nomin�oonvonhon: (Vendor 7�omdU�]9AConboo�#) (oD�ohvopdoin� do1o); for oxon�plo, '^AonnoYVidgot Coo�pouy#0|24|6'AYVC o'f. 01'01'2017."/ (NJPA ' ` ' }V0YII. New pricing restatements must include oll '` offereddu io and oorvi000 offered regardless ofv/bodhortheir i000 have obou d do�uotinclude onov/'^oD�ohvodate onthe pdoingdoouo�onts. This requirementrodu00000nfboion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may bo added to ocontract ifsuch additions are within the scope of the original RFP. DELETIONS. New products and related oorvi000 may be deleted from 000nboot if, for example, they are no longer available orhave been modified to opoint where they are outside the scope of the RFP. 9}(lCE CHANGES: Vendors may request price changes ifthey provide oo[Goion1 rationale for the obougo. For example, Vendor that manufactures products that require oobotouholpoUnloum'rolo1odnno1odolnnigbtroquooto3% pdoo inor0000 b000uoo ofo20Y6 inor0000 in petroleum 000io. Price decreases: NJ9Aexpects Vendors to propose their very best prices and anticipates that price reductions might occur because ofimproved technologies ormarketplace efficiencies. Price increases: Acceptable include reasonable justification for the price increase and must not, for example, offer merely generalized statements about an increase in a cost-of-living index.Appropriate documentation should be attached to this form,including such items as letters from suppliers announcing price increases. Refer to the RFP for complete '^9doing" details. Section 3'Vendor Name and Type ofChange Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: O Adding Products/Services vices O Deleting Products/Services [] Price Increase Y4]P/\CONTRACT NUMBER: O Price Decrease 40 Page 396 Of 528 Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list, along with the percentage change for each item or category. (Attach a separate, detailed document if changing more than 10 items. Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1) `All pricing for paper products and services are increased 5% because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase)." 2) "The 6400 series floor polisher is being added to the product list as a new model, replacing the 5400 series. The 6400 series 3% increase reflects technological changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the "Hot List" at a 20% discount rom the previons pricing until the remaining inventory is li uidated." If adding products, state how these are within the scope of the original RFP. If changing prices or adding products or services, state how the pricing is consistent with existing NJPA contract ricing. 47 Page 397 of 528 Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the Vendor's Contract Administrator. ❑ Yes ❑ No Section 5. Signatures Vendor Authorized Signature Date Print Name and Title of Authorized Signer Jeremy Schwartz,NJPA Director of Cooperative Contracts and Procurement/CPO Date 48 Page 398 of 528 A I' "s Y YJ-11 IWMI—e Appendix A NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal governmental, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution. For your reference, the links below include some, but not all, of the entities included in this proposal. htlp://www.usa. og v/Agencies/Local_Government/Cities.shtml htlp:Hnces.ed.gov/globallocator/ htlps:Hharvester.census.gov/imls/scarch/index.asp htlp:Hnccsweb.urban.org/PubApps/search.php htlp://www.usa.gov/Govemment/Tribal-Sites/index.shtml htlp://www.usa. og v/Agencies/State-and-Territoiies.shtml htlp://www.nreca.coop/about-electric-cooperatives/member-directory/ Oregon Hawaii Washington 49 Page 399 of 528 E a - o E E N S$ t°� o fi n n 8 5 8 LL LL Y Y Y Y Y 3 o a a a A m-A& s s 3 3 3 3>>E .o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ° � Z �� °d 2 �� 2 Z ��?.2 2 ��E o U� � �� E 3 m� d a� ?•�� m §8 ��8t> 2o tad>>a ac9 t� og gid° Q �5n m6..mE c E E Edi o_ �b q c c c -o E m Y ➢ - �5 b b b 8 o s_ > _ ..2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 m®® o o w LL D��i S,Y��$9��z o o a a h�� _ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 me c a o d d v v d b oEEEEB$� mE ao$ o E '°aD o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o �dE°��`adz`=zzdococood�a�`�g�d�doz�d o�E°E� o` m' _ oz. $mmmmmmmm IE��o�E�EE �Y�E3��zoo a'°��>� dzddddzzdddddzdddddzdddddzddddzdddddzz e m E d `ao E O d d o E E E � 3 - * Page 400 of 528 �Em ado=�i5 - �E� __ a3m__- �aEoEi —env �im�am�a�°'_'°�__ vz➢� _ - YE� - oEy= — N 9 —w °�°2222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222 2 IME 2222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222 o E o yq c�E w E v m E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 E a° v 3 2 E T`o HIM E °> a......aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa22°2°2°2°2°2°2°2°2°2°2°2°2°2°2°2 2222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222 S Q Page 401 of 528 2 O „E 6?' 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PUBLIC HEARING 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Approved J R Watersports Expansion (COUS 18-003/ MSPM 18-005) request for Conditional Use and Major Site Plan Modification for the expansion of the abutting business, including refurbishing of an existing 2,413 square foot building and associated site improvements on 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. Applicant: Michael Wood. EXPLANATION OF REQUEST: Mike Wood, owner of J R Watersports (aka South Florida Marine) is seeking Conditional Use/ Major Site Plan Modification approval for the expansion of J R Watersports onto the property purchased from the Community Redevelopment Agency (CRA) located south of the existing business, including refurbishing of the 2,413 square foot building and associated site improvements. As described in the Use Matrix of the Land Development Regulations (LDR), a Boat Dealer is a "Conditional Use" within the C-4 (General Commercial) zoning district, and therefore requires Conditional Use approval, as well as Major Site Plan Modification approval for the site and building improvements. The site formerly housed the Amerigas Propane Company and was purchased by the Community Redevelopment Agency (CRA) in an attempt to revitalize the property and bring in business to energize the area. The CRA then invited the public to submit proposals for the property. Mike Wood, as the abutting property owner to the north was selected, which promotes the expansion of his existing business onto the premises, and therefore the increase in water-dependent business enterprises in the downtown. Staff has reviewed the request and recommends approval. The Planning & Development Board heard these applications at their July 24, 2018 meeting and recommends approval with an additional condition of approval for incorporation of ten (10) Sweet Almond plants into the landscape plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Increase in property value associated with the proposed improvements, and fees associated with required permits and business tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 416 of 528 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Cover Sheet D Drawings Survey D Drawings Civil Plan D Drawings Floor Plans D Drawings Building Facades D Drawings Site Plan/ Landscape Plan D Drawings Photometric Plan D Letter Applicant Justification D Conditions of Approval Conditions of Approval D Development Order Development Order Page 417 of 528 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-042 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Interim Development Director FROM: Ed Breese Principal Planner DATE: July 9, 2018 PROJECT NAME/NO: JR Watersports Expansion (COUS 18-003/ MSPM 18-005) REQUEST: Approval of Conditional Use and Major Site Plan Modification for the expansion of JR Watersports onto the property purchased from the Community Redevelopment Agency (CRA) to south of the existing business, including refurbishing of the 2,413 square foot building and associated site improvements, located at 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. Applicant: Michael Wood. PROJECT DESCRIPTION Property Owner: Michael & Jana Wood Agent: Michael Wood Location: 711 N. Federal Highway (see Exhibit "A") Existing Land Use/Zoning: GC (General Commercial) / C-4 (General Commercial) Proposed Land Use/Zoning: No change proposed Proposed Use: Expansion of boat sales business Acreage: 0.61-acre Adjacent Uses: North: Existing JR Watersports business with a General Commercial (GC) future land use classification, and zoned General Commercial (C-4); South: Right-of-way for NE 6th Avenue and farther south developed Page 418 of 528 JR Watersports Expansion Staff Report COUS 18-003/MSPM 18-005 Page 2 commercial property, with a Mixed Use (MX) future land use classification, and zoned Central Business District (CBD); East: Right-of-way for Federal Highway and farther east existing commercial properties with a Mixed Use (MX) future land use classification, and zoned Central Business District (CBD); and West: Right-of-way for the FEC Railroad and farther west is right-of-way for Railroad Avenue and existing industrial development with an Industrial (1) future land use classification, and zoned Industrial (1). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL Mike Wood, owner of JR Watersports (aka South Florida Marine) is seeking Conditional Use / Major Site Plan Modification approval for the expansion of JR Watersports onto the property purchased from the Community Redevelopment Agency (CRA) to south of the existing business, including refurbishing of the 2,413 square foot building and associated site improvements. As described in the Use Matrix of the Land Development Regulations (LDR), a Boat Dealer is a "Conditional Use" within the C-4 (General Commercial) zoning district, and therefore requires Conditional Use approval, as well as Major Site Plan Modification approval for the site and building improvements. The site formerly housed the Amerigas Propane company and was purchased by the Community Redevelopment Agency (CRA) in an attempt to revitalize the property and bring in business to energize the area. Once acquired, the CRA requested abandonment of the 20 foot wide alley along the west side of the property, to increase the redevlopment potential of the parcel. The CRA then invited the public to submit proposals for the property. Mike Wood, as the abutting property owner to the north, was chosen to expand his well established business onto the premises, providing greater opportunity for him to showcase his product line. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "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 Page 419 of 528 JR Watersports Expansion Staff Report COUS 18-003/MSPM 18-005 Page 3 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. There are two (2) ingress and egress driveways proposed along NE 6th Avenue, designed to allow complete circulation within the site. Additionally, as the owner of the parcel to the north, the applicant has executed a cross-access easement to allow for the flow of inventory between the two (2) sites. The plan also depicts the construction of a new pedestrian access walkway from the sidewalk on Federal Highway, along the south side of the refurbished showroom / retail building to the new building entrance. Both the Fire Department and the Waste Removal Division reviewed access to the property and were satisfied. The applicant will also be widening the sidewalk along Federal Highway from 4 feet in width to 8 feet, and will replant the existing landscape cut-out planting areas. 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 the showroom / retail use is calculated at one (1) parking space per 200 square feet of gross floor area. Required parking is calculated to be twelve (12) spaces total, based on the 2,413 square foot building. However, since the property is located within an area subject to the "Adaptive Re-Use" parking regulations, the business associated with the C-4 parcel can reduce the parking number by one-half, thus requiring only 6 parking spaces. The site plan depicts eleven (11) parking spaces immediately to the west and south of the building. There are also seven (7) existing on-street parking spaces on Federal Highway. The applicant proposes a landscaped berm along the back of the Federal Highway sidewalk in compliance with the City's minimum buffering requirements, which will assist in the screening of the on-site parking. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The applicant indicates in their justification statement that they intend to utilize two (2) rollout containers for trash purposes, which would be stored behind the building and screened from view. Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of this application. The Waste Removal Division has reviewed this proposal and is satisfied. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The property is proposed to be re-landscaped as part of a Major Site Plan Modification. The Landscape Plan (Sheet L-1) depicts the landscape plantings along the east, west and south Page 420 of 528 JR Watersports Expansion Staff Report COUS 18-003/MSPM 18-005 Page 4 sides of the property where the outdoor boat display and customer parking is located. As noted previously a small berm will be placed behind the widened Federal Highway sidewalk and planted with Montgomery Palms, and Schefflera Trinette, Podocarpus, Butterfly Weed and Coontie shrub material. The existing landscape cut-outs on Federal Highway will be replanted with Silver Buttonwood trees, meeting the requirements of FPL's "Right Tree - Right Place" manual. The south and west perimeter landscaping includes East Palatka Holly and Silver Buttonwood trees and Schefflera Trinette and Podocarpus shrub material. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The site includes some site lighting and the applicant proposes to add one (1) new pole light for a total of five (5), with two (2) existing at 25 feet in height and three (3) at 20 feet. The proposed photometric plan meets the City code requirements, with no spot readings in excess of 5.9 foot-candles. The lighting is required to be of a downcast variety and is designed in a manner to not adversely impact surrounding properties. Relative to signage for the project, the applicant indicates that they intend to simply replace the sign faces within the existing pole sign, and within the existing wall sign cabinet on the east building elevation. Any signage will be reviewed for compatibility and compliance with the City's sign code at time of permitting. 7. Required setbacks and other open spaces. The existing building meets the setbacks associated with the Urban Commercial District Overlay Zone, which requires buildings be constructed with minimal front setback, to provide continuity with the setbacks associated with urban infill mixed use developments. Also, there are no building additions proposed with this application. Existing setbacks are as follows: front (east) — 1.4 feet; rear (west) — 80 feet; side (north) — 2.1 feet; and side corner (south), abutting NE 6th Avenue — 130 feet. This area between the building and SE 6th Street is where the boat display area is proposed, behind the landscaped berm. The site is proposed to have 25.7% of pervious area including the rocked drainage area / boat display, newly created landscape islands within the parking lot, and new perimeter landscape areas on the east, south and west side of the property. 8. General compatibility with adjacent properties, and other property in the zoning district. The use, which is an expansion of the boat sales business immediately to the north, is generally compatible with commercial uses adjacent to the site, and those uses allowed in the C-4 (General Commercial) zoning district. The building would retain the outward appearance, with the walls and trim to be painted to match the colors of the existing JR Watersports buildings to the north (white walls — Sherwin-Williams White A100, and blue trim, soffit and overhang — Sherwin-Williams Blue A82T154). 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The existing structure, is designed with a flat roof, with parapet walls at 12 feet in height over the showroom / retail portion of the building fronting Federal Highway, and 16 feet in height at the rear of the building, housing the parts storage. The existing building is compatible with the structures on adjacent properties, and less than the maximum allowable height of 45 feet in the C-4 zoning district. Page 421 of 528 JR Watersports Expansion Staff Report COUS 18-003/MSPM 18-005 Page 5 10. Economic effects on adjacent and nearby properties, and the city as a whole. The applicant indicates within their justification statement that the proposed use should have a positive impact on the nearby properties. According to the applicant, the new retail component (Ship to Shore store), will have everything from suntan lotions to safety gear, and will serve not only Boynton Beach residents, but others utilizing the Intracoastal boat ramp. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part lll, Chapter 4. Site Plan Review, of the City's Land Development Regulations. Relative to the City's water and sewer concurrency review, the City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Solid Waste disposal capacity has been evidenced through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate. With incorporation of staff comments noted within Exhibit "D" — Conditions of Approval, the proposed project would comply with the requirements of applicable sections of city code and Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. This section of the regulations is intended to ensure land use compatibility through the review of conditional uses for potential external impacts including noise; vibrations; particulate matter; odor; toxic matter; fire and explosions; heat, humidity and glare; waste; and electromagnetic interference. The applicant indicates they will not be utilizing any equipment that will cause smoke, odors, fumes, vibration, or toxic matter that would negatively impact the neighboring properties. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use 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 business shall begin operations. Staff recommends that a period of 18 months be allowed to receive the necessary approvals. S:\Planning\SHARED\WP\PROJECTS\JR Watersports\COUS 18-003 MSPM 18-005\Staff Report.doc Page 422 of 528 EXHIBIT A LOCATION MAP t r 4 Z i t i S f 2 �S - S t f E t � N 0 1530 60 90 120 Feet wo E Page 423 of 528 Ear SEbEE rH'HO—NO1NA09 Ss. x~ .1HN\HOH rtla 343 N l lL a�� F € WW J6E9 llOAW-3-N3h31$ NOIIVAONAa- i X3NNV 3NRiVW VC1180IJ Hinos ^ a H, o o .._.. 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N m <D O O 0 0<m az m O =m= 0�' m mD� v nr TO m w 1 " 6250 N.MILITARY TRAIL,SUITE 102 °p WEST PALM BEACH,FL 33407 "A BOUNDARY AND TOPOGRAPHIC SURVEY OF f cr ASS www.wmpasssurveying.net SURVEYING PREPARED FOR LB.7463 PHONE:561.640.4800 FAX:561.640.0576 Mlyr IN00� Page 425 of 528 IT J 41 mt H g 01- U 0 HOn 66 w W� -H Li w LU > Of wo 000000 < Z w z Q-1 iL Z w 111.92- el 77 aux CO cc Ww < < [If W d w "WIl dvv�_,,I - 4E si zlAV H19 zlN < 10, f 'o�o '0 Lj U u m<<" < 00e n - Est sus SEbEE�N'HOtl38 NO1NA08 Ss. O F O i AtlMHJH�tli1343�N l4L �N Z o Es 1LOAW-31J3hMS ypZ�g T" -NouvnoN3a- m llJ`aya Q F X3NNV 3NRiVW VC1180IJ Hinos �''�31 s... _ oall1 Y0 0 N M a- a- a- za za O„ O„ ~ U 0 ..e__.... .... ...�...... . . 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" M„4 g A 4Iuy8 iI{#: u2 �h oq;� PR A, P gdl#If f3 cf �nz oo> -,A m k gFaN a 8 N a woa” A� o m px Y➢o - - - VE z z - O _ o NE 6TH AVE m =ensas P�A„Eo Rte, s3 � P--TaN m6� t� PAVEMENT - 12 Z = e �IG) C7 > s oR# 0 =r os. � - m D pAp=m a DI90omR x Acn M � eg �, D v O0 - 2 '71 > D zAa�A£m S Z7I AX sp � `s g D D =go (n— Aar= D e a°, I s. MAUREEN SMITH, - SOUTH FLORIDA MARINE ANNEX 711 N.FEDERAL HIGHWAY LANDSCAPE ARCHITECT u z 968 DOGWOOD DRIVE BOYNTON BEACH,FLORIDA DELRAY BEACH,FLORIDA 334S3 r = - 0119CII:56,.279.4114 - CELL:561.271.8933 - Fxceboolc Maurecu Smith,Undscupe Arcbirecr '` timidila.cam Page 429 of 528 Ni zm ;2 IJ � LEo -_ � ag€ae__ ryo o. 000 N, 000 xa� 3 azo a N 3 £o moN 1 0 E v E w a E Y, N � v H H ry 0 Gl 00 n,: n r . m m U h N' m r , m v 2 w w - i w w m j 5 3AV Hi9 3N o a w p N CDm m m W =? 3 3 3 o EXHIBIT 725 N. Federal Hwy. Boynton Beach Fl, 33435 Nf1P*1KE 561-737-9423 Fax: 561-737-1510 F www.southfioridamarine.com Standards for Evaluating Conditional Uses 1.We are not adding any ingress or egress to Federal Hwy. WE are using the already existing driveways connected to 6th Ave. No difference in traffic Flow. Fire Criteria is met. 2. We are meeting the requirements for the building size by adding two additional parking spots. 3. We will not be using a dumpster only roll off land as we do now at 725 N. Federal Hwy. . Utilities are connected up and will not be changed and will not require any more additional usage. 5. We are installing Pylons with decorative nautical roping along the outline of the property along with landscaping to code. 6. All exterior lights will remain the same. All signs and building lighting will remain the same. There will not be a glare on the roads or to adjacent properties. 7.The primary building is not going to change. So there will be no differences in in set back or open spaces. 8. The South Florid Marine Ship to Shore store will bring more of the nautical feel to downtown Boynton Beach. Boynton Beach is the "Gateway to the Atlantic" and we will be a nautical store with everything you need safe and have fun on the water! South Florida Marine sells new,top rated, pleasure, pontoon and fishing boats along with all the parts and items you will need to keep you out on the water. 9. No changes to the height or structure of the building and has met City requirements. . 10.The economic effect on the nearby properties will be positive. We feel the ship to shore store will bring in residents not only form Boynton but all persons who use the intercoastal boat ramp and waterways. We will carry everything from suntan lotion to safety gear. Whatever you would need to be safe and have fun on the water! "#shoplocal#americanmade 11. JA 12.We will not use any equipment that will cause vibrations or violate noise ordinances. No substances are used that will hurt the environment. No offensive odors or toxic matter will be emitted from the property. There is no explosive matter that is used. Not carrying out any operations that will not be in compliance with City ordinance. Page 431 of 528 EXHIBIT "D" Conditions of Approval Project Name: JR Watersports Expansion File number: COUS 18-003 / MSPM 18-005 Reference: 31d review plans identified as a Maior Site Plan Modification with a June 21, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: None, all comments addressed at DART meeting. FIRE Comments: None, all comments addressed at DART meeting. POLICE Comments: None, all comments addressed at DART meeting. BUILDING DIVISION Comments: None, all 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 requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to X be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 2. At time of permit application submittal, please provide a recorded copy of the executed cross-access easement between this property and that to the north to address the cross access and encroachment X issues. Page 432 of 528 JR Watersports Expansion (COUS 18-003/MSPM 18-005) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY Comments: None, all comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. The applicant shall install ten (10) Sweet Almond plants as butterfly attractors, in lieu of similar sized landscape material. X CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\JR Watersports/COUS 18-003 MSPM18-005\COA post P&D.doc Page 433 of 528 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: JR Watersports Expansion (COUS 18-003 / MSPM 18-005) APPLICANT: Mike Wood APPLICANT'S ADDRESS: 725 N. Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21, 2018 APPROVAL SOUGHT: Conditional Use and Major Site Plan Modification approval for the expansion of JR Watersports onto the property to south of the existing business, including refurbishing of the 2,413 square foot building and associated site improvements, located at 711 N. Federal Highway, in the C-4 (General Commercial) zoning district. LOCATION OF PROPERTY: 711 N. Federal Highway 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\JR Watersports\COUS 18-003/MSPM 18-005\DO.doc Page 434 of 528 9.A. CITY MANAGER'S REPORT 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Discuss procedure for Commission members to place matters on a City Commission agenda. EXPLANATION OF REQUEST: At our August 7, 2018 Commission meeting the Mayor requested staff outline a process by which agenda items may be placed on a City Commission Agenda. Although a written policy does not exist, a past practice has been established. If a Commissioner desires to bring an item before the City Commission for discussion or consideration, said Commissioner should raise the matter at a Commission meeting and request the topic be placed on either the next agenda or a future agenda. Typically, is there is a consensus by the Commission to place the matter before the Commission at a future date. Then staff will ensure the items is placed on a future agenda. Staff recommends maintaining this practice. Prior to spending staff time researching a topic or preparing a staff report on a matter, it's important for staff to have the direction of the majority of the Commission. 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 435 of 528 10.A. UNFINISHED BUSINESS 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: Discussion concerning providing an opportunity for the public to bring dogs to Oceanfront Park for a "special" day at the beach at which dogs will be allowed off leash and have access to the water. This proposal will provide staff an opportunity to determine the best way to safely allow dogs on the beach at Oceanfront Park and determine if it is an activity that should be expended. EXPLANATION OF REQUEST: The beach at Oceanfront Park is 960' long, and the width varies throughout the year depending on the weather, but generally, it is approximately 200'wide. The property to the north is owned by Palm Beach County designated as Hammock Park and the Town of Ocean Ridge owns the south property for public access. Oceanfront Park is open sunrise till 9pm, and parking fees are collected from 8:00am- 4:30pm. If the Commission would like to proceed with a pilot event to test the concept of allowing dogs on the beach during a specified time, the following set-up and use parameters are recommended: • The dog play area would be established on the northern portion of the beach. • Staff can establish the boundary using temporary fencing to the high tide water line. • The park would be open to dogs between 9am- noon on a Saturday (except during turtle season - May 1- October 31). • Park rangers will be stationed at each end of the established "play" area to ensure dogs stay within the area. • Parks maintenance staff will install and remove fencing, provide additional trash cans, clean the beach after the dogs leave, and remove waste. • Recreation staff can organize some fun activities, provide water for the dogs and other items related to the event. The event will create some challenges for the lifeguards on duty but they will be instructed to monitor and control human activities on the beach and within the water to ensure safety of visitors and allow the park rangers to handle any dog issues that may occur. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In order to control unleashed dogs and the waste that is created, significant staff time may be required. Visitors without dogs will still be able to use the southern half of the beach. Ocean lifeguards will need to focus extra hard to avoid being distracted by the dogs. Within the recommended controlled environment, an event can be effectively scheduled. FISCAL IMPACT: Non-budgeted This is a non-budgeted event. Most of the staff hours for the event would be scheduled overtime. 3 parks maintenance workers @ 7 hours/each x$15/hr = $315 2 park rangers @ 6 hours/each x$17/hr = $204 3 recreation staff @ 6 hours/each x$15/hr = $270 400' temporary fencing - $30/bundle, 257bundle = $480 Misc. informational signage = $200 APPROXIMATE TOTAL EXPENSES = $1,469 ALTERNATIVES: Do not accept staff recommendation to organize a "special" day at the beach for dogs. Page 436 of 528 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 437 of 528 11.A. NEW BUSINESS 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-117-Authorize the Mayor to sign an I nterlocal Agreement with Town of Hypoluxo for the City to continue to provide Fire-Rescue services to the Town for the period of October 1, 2018 thru September 30, 2025. EXPLANATION OF REQUEST: Agreement Period: October 1, 2018 - September 30, 2025 The City of Boynton Beach current seven year (7) year interlocal agreement for Fire-Rescue Services with the Town of Hypoluxo expires September 30, 2018. This request is to renew the interlocal agreement with the Town of Hypoluxo between October 1, 2018 through September 30, 2025 with an option to extend for an additional seven (7) years at the end of this agreement. The Town of Hypoluxo approved the I nterlocal on August 15, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? City services will not be affected, as the City is currently providing these services to the Town. FISCAL IMPACT: Budgeted The City of Boynton Beach, through its Fire Rescue Department will provide fire protection, fire rescue, fire inspection, fire investigation and advanced life support to the Town of Hypoluxo for a fee of$436,142 in 2019, with a 4% increase per year for the duration of the agreement. Previous years fees were: FY 17/18 $419,367 FY 16/17 $403,237 FY 15/16 $387,728 ALTERNATIVES: Alternative is to cancel the interlocal agreement- ending the service on September 30, 2019. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 438 of 528 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving ILA with Hypoluxo for Fire Rescue Services D Addendum TOWN OF HYPOLUXO RESOLUTION WITH ANNOTATIONS D Addendum HYPOLUXO FINAL CONTRACT Page 439 of 528 1 RESOLUTION NO. R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN AN INTERLOCAL AGREEMENT WITH THE TOWN OF 7 HYPOLUXO FOR THE CITY TO CONTINUE TO PROVIDE FIRE- 8 RESCUE SERVICES TO THE TOWN OF HYPOLUXO FROM 9 OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2025; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, currently the City of Boynton Beach is party to a seven (7) year 14 Interlocal Agreement for Fire-Rescue Services with the Town of Hypoluxo which expires 15 September 30, 2018; and 16 WHEREAS, the City of Boynton Beach and the Town of Hypoluxo would like to 17 renew the Interlocal Agreement for Fire-Rescue Services for the period of October 1, 2018 18 through September 30, 2025; and 19 WHEREAS, staff is recommending the renewal of this Agreement; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve 22 and authorize the Mayor to sign an Interlocal Agreement with the Town of Hypoluxo for Fire 23 Rescue Services from the period of October 1, 2018 through September 30, 2025. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission hereby approves and authorizes the Mayor to 30 sign an Interlocal Agreement with the Town of Hypoluxo for Fire Rescue Services from the C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\579E74D8-086B-45BD-B3A1-096COFB80E06\Boynton Beach.11907.LILA with_Hypoluxo_for_Fire-Rescue_-_Reso.docx Page 440 of 528 31 period of October 1, 2018 through September 30, 2025, a copy of which is attached hereto as 32 Exhibit"A." 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2018. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor— Christina L. Romelus 42 43 Commissioner—Mack McCray 44 45 Commissioner—Justin Katz 46 47 Commissioner—Joe Casello 48 49 VOTE 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\579E74D8-086B-45BD-B3A1-096COFB80E06\Boynton Beach.11907.LILA with_Hypoluxo_for_Fire-Rescue_-_Reso.docx Page 441 of 528 1 TOWN OF HYPOLUXO 2 3 RESOLUTION NO. 10-390 4 5 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF 6 HYPOLUXO, FLORIDA APPROVING AN INTERLOCAL AGREEMENT 7 PROVIDING FOR FIRE-RESCUE SERVICES TO THE TOWN OF 8 HYPOLUXO BY THE CITY OF BOYNTON BEACH AND AUTHORIZING 9 THE MAYOR AND TOWN CLERK TO EXECUTE SAME; PROVIDING 10 FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the Town does not maintain a Fire Protection and Fire Rescue 13 Department and the City of Boynton Beach has been providing fire-rescue services to 14 the Town pursuant to an Interlocal Agreement since 1997; and 15 16 WHEREAS, the current Interlocal Agreement expires on September 30, 2041 2018 17 and the Town wishes to execute a new Interlocal Agreement with the City of Boynton 18 Beach for a seven (7) year term commencing on October 1 , 2011- 2018 and ending on September 30, 2012 2025 with an option to extend the agreement for an additional seven (7) years if all parties agree; and 20 21 WHEREAS, the Town's payments to the City of Boynton Beach for fire-rescue 22 service pursuant to the Interlocal Agreement are substantially less than property owners 23 would otherwise pay if the Town were part of the Palm Beach County Fire-Rescue 24 Municipal Services Taxing Unit; and 25 26 WHEREAS, the Town Council determines that the execution of an Interlocal 27 Agreement for Fire-Rescue Services with the City of Boynton Beach is in the best 28 interests of the health, safety and welfare of the citizens and residents of the Town. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE 31 TOWN OF HYPOLUXO, FLORIDA as follows: 32 33 Section 1. The foregoing recitals are ratified as true and incorporated herein. 34 35 Section 2. The Town Council hereby approves the Interlocal Agreement 36 Providing Fire-Rescue Services to the Town of Hypoluxo by the City of Boynton Beach, 37 a copy of which is attached hereto and incorporated herein by reference, and authorizes 38 the Mayor and Town Clerk to execute the Agreement on behalf of the Town. 39 40 Section 3. All resolutions or parts of resolutions in conflict with this Resolution 41 are hereby repealed to the extent of such conflict. 42 43 Section 4. This Resolution shall become effective immediately upon adoption. 44 45 [Remainder of page intentionally blank] Page 1 of 2 Page 442 of 528 Resolution 10-390 1 RESOLVED AND ADOPTED this / z of 2010 2 3 TOWN OF HYPOLUXO, FLORIDA 4 5 BY: -- 6 7 -Ad R ATTFRT- Kenneth M. Schultz, Major 9 10 11 12 13 Barbara Lee Searls, Town Clerk 14 15 SI IFFIC;IFNC Y- 16 `' APPROVED AS TO FORM AND LEGAL 17 ~- - Leonard G. Rubin, Town Attorney 18 19 VOTE: AYE: NAY: ABSENT: 20 21 VICE MAYOR MICHAEL C. BROWN 22 23 COUNCILMEMBER KAREN C. MILLER L-- 24 25 COUNCILMEMBER DANIEL L. MONAHAN 26 27 COUNCILMEMBER WILLIAM J. SMITH 28 29 COUNCILMEMBER RICHARD J. RONEY 30 Page 2 of 2 Page 443 of 528 R 11-019 INTERLOCAL AGREEMENT FOR FIRE-RESCUE SERVICES TO THE TOWN OF HYPOLUXO BY THE CITY BOYNTON BEACH This Agreement, made and entered into this day of 20 1 1 2018, by and between the City of Boynton Beach, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "City", and the Town of Hypoluxo, Palm Beach County,Florida, a municipal corporation,hereinafter referred to as "Town." WITNES SETH: WHEREAS, the Town presently does not maintain a Fire Protection and Fire Rescue Department with firefighting and emergency medical equipment and personnel, and desires the City to provide fire and rescue services to the Town; and WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue Department and desires to provide fire and rescue services to the Town; and WHEREAS, the City will maintain or improve the standards of fire and rescue services to the Town as currently provided by the City within its municipal limits; and WHEREAS, the City has a mutual aid agreement with Palm Beach County Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and WHEREAS, the City and Town desire to enter into a cooperative arrangement providing fire and rescue services benefiting public safety and local government; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of fire and rescue services without regard to territorial boundaries, which shall benefit mutually and equally the citizens of each party; and WHEREAS, the City will provide fire and rescue services to the Town in conformance with City and Palm Beach County Fire Code of Ordinances; and WHEREAS, the City will provide additional fire and rescue equipment and personnel to ensure that the Town will receive the same or improved standards of fire rescue services that are currently being received by the Town. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto,hereby agree as follows: 1 Page 444 of 528 SECTION 1. PURPOSE (a) This Agreement constitutes an interlocal agreement authorized by Section 163.01, Florida Statues, being a joint exercise of Power shared in common which any City could exercise separately and shall be filed with the Clerk of Circuit Court in and for Palm Beach County,Florida. (b) The purpose of this Agreement is to provide fire protection and fire rescue within the municipal limits of the Town by the City Fire Rescue Department. Fire rescue shall include advanced life support as that term is defined by section 401.23, Florida Statutes. Fire protection shall include plan review, fire code enforcement, building inspection, fire suppression, fire inspection and fire investigation. SECTION 2. TERM OF AGREEMENT The term of this Agreement shall be for a period of seven (7) years commencing October 1, 2011- 2018 and ending September 30, 2018 2025, with an option to extend the agreement for an additional seven (7) years if all parties agree, or unless sooner terminated as provided herein. SECTION 3. SERVICES RENDERED The City, through its Fire Rescue Department, shall provide fire protection, fire rescue, fire inspection, fire investigation and advanced life support services 24 hours per day, 365 days per year, within the municipal limits of the Town throughout the term of this Agreement. (a) This Interlocal Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on the City to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station of the City, or at any emergency scene within the Town boundaries at any specific time. The City will dispatch and assign the closest, appropriately staffed and available vehicle(s) to emergencies within the Town consistent with the level of resources available to the City and the level of service provided to City residents. (b) The parties hereto further understand and agree that a possibility exists that the City of Boynton Beach Fire Department may receive simultaneous calls for separate accidents, fires and other public safety problems. In the event of a simultaneous occurrence of emergencies, the judgement of the Fire Chief of the City, or the senior Fire Department Officer on duty at the time, as to which call should receive first priority response, shall be binding upon the parties hereto. If the City cannot respond to a call for assistance due to multiple calls and/or alarms in progress, all reasonable efforts will then be made by the City to arrange for a suitable response from another agency or jurisdiction cooperating with the City through various mutual aid agreements in effect at the time. 2 Page 445 of 528 (c) The Fire Chief of the City of Boynton Beach shall have full and complete authority through the normal chain of command over the operation of the City of Boynton Beach Fire Department personnel, vehicles and equipment while in the Town of Hypoluxo. (d) The City Fire Department shall have complete authority and control over the use and deployment of any and all apparatus and equipment acquired by the Town for its use and to support this Agreement during its term. (e) The Town officials, employees,residents and citizens shall not interfere with the direction, management and deployment of the City Fire Department, its personnel or equipment at any time during firefighting or other emergency situations. The Town shall report all street and road closures/openings to the City Fire Department immediately. (g) The City assumes no responsibility for emergency preparedness planning and program implementation for the Town. (h) The City will provide the same level of service to the Town as it provides to City residents with respect to hazardous material response in accordance with the Palm Beach County Regional Hazardous Materials Response Ordinance of 1998 ("County Haz-Mat Ordinance"), which is incorporated herein, and made a part hereof by reference. As set forth in the County Haz-Mat Ordinance, recovery of all costs associated with a discharge or threatened discharge of hazardous substances will be sought against the persons responsible for causing or allowing a discharge or threatened discharge. To the extent that costs are actually incurred by the City in responding to a hazardous material incident within the corporate limits of the Town and the City (or the County on behalf of the City), using its best efforts, is unable to recover such costs from the responsible persons or the Federal Government in accordance with Section 7 of the County Haz-Mat Ordinance, the Town shall reimburse the City for certain expended supplies and consumables, namely, chemical absorbents, hazardous materials vapor suppressions, chemical testing agents, and hazardous materials recovery drums and/or other containers used by the City Fire Department. (i) The City is permitted to invoice residents of the Town for appropriate emergency medical service fees under the same terms and conditions as those for residents of the City. SECTION 4. PAYMENT In consideration of the City providing the services set forth in Section 3, the Town agrees to pay the City the sum of T h Fee FI4-4 4-;-d r-e a Tl.iA- , nr„ Th_,,,,s„ra F-A-44F 44Wod � Thit4y Two Dellafs and 00/100 ($331,432) Four Hundred Thirty Six Thousand One Hundred and Forty Two Dollars and 00/100 ($436,142) during the first year of this Agreement, payable in two equal, semi-annual installments on January 15, 20 12 2019 and April 15, 2012 2019. 3 Page 446 of 528 Commencing October 1, 2012 2019, the annual compensation for fire rescue services to be rendered by the City to the Town shall be adjusted annually. Per mutual agreement of the parties, such compensation may be adjusted to offset any increased costs of providing the enumerated services and programs due to unfunded mandated of the federal, state, or County government and to address any other unforeseen events or contingencies. The adjustments contemplated in this subsection shall be in addition the annual adjustment set forth below. Before July 1, 2012 2019, and annually before July 1 of each succeeding year of this Agreement, the initial compensation payable by the Town to the City ($331,432 $436,142) shall be adjusted effective October 1, 2012 2018, and as of October 1 of each succeeding year of this Agreement. The annual adjusted compensation commencing October 1, 241-2 2019 and for each succeeding year of this Agreement shall be „9 r „i e f T,epat4men4 of Statisties of an increase of four percent (4%),whieh&vef is ea+eN. Adjusted compensation for fire rescue services shall be paid by the Town to the City in two equal semi-annual installments on January 15 and April 15 throughout the term of this Agreement. The City's fee for inspection and plan review of new development, redevelopment, and existing structures within the Town shall be charged directly to the owners of such new development, redevelopment, and existing structures in accordance with the applieable City efdi anee fee as established by resolution of the city commission and on file in the city clerk's office. SECTION 5. NOTICES AND PAYMENTS All notices and payments between the parties hereto shall be mailed by certified mail, return receipt requested, and/or fax to the following addresses, respectively (payments should be sent via certified mail and need only be sent to the City Manager and Mayor): City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach,Florida 33435 Fire Chief City of Boynton Beach 2080 High Ridge Road Boynton Beach, Florida 33426 Mayor Town of Hypoluxo 7580 South Federal Highway Hypoluxo, Florida 33462-6034 4 Page 447 of 528 SECTION 6. CODE T„ 11,,,.;d 124,, /-`,,,a„ .,,a,,pt,,,a��, the at—Ate Five M .s1��ma3, be amended, ineltiding NFPA 1 Fife Pf&ventien Code (2002 edition) and NFPA Life Safet�- ipal limits. The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be amended, includin4 NFPA I Fire Prevention Code (6th edition) and NFPA Life Safety Code (6th edition), in addition to any local amendments adopted by the City in accordance with section 633.0215, Florida Statutes, and shall apply within the Town's municipal limits Sections 2.5-8. 2.5 9,2.5 4, 2.5-12, 2.5-13, 2.5-15, 2.5-16, and 2.5-17 and amendments hereafter of the City Code of Ordinances, "Alarm Systems," shall be incorporated herein by reference in this Agreement. The City shall remit false alarm charges to the Town. The Town shall notify alarm users of the charges due, requesting payment thereof pursuant to Seetie;_ ?5z3 of *:he Cit , rode of Or-Eli aoees " S�,stems." a fee as established by resolution of the city commission and on file in the city clerk's office. That seetion The City imposes a fine for more than three (3) false alarms in any twelve-month period, exclusive of false alarms caused by acts of God or other natural forces. The City shall promptly provide the Town with copies of all new legislation, including but not limited to ordinances, resolutions, policies, or procedures which may be enacted by the City that may affect Chapter 2.5 entitled "Alarm Systems" and/or Chapter 9 entitled "Fire Protection and Prevention" of the City of Boynton Beach Code of Ordinances. SECTION 7. ADMINISTRATION All written rules and regulations, policies and procedures of the City of Boynton Beach Fire Rescue Department shall apply to the Town and are hereby incorporated herein by reference pursuant to this Agreement. Nothing contained in this Agreement shall be construed to constitute a transfer of municipal powers in any way whatsoever. This Agreement is solely an interlocal Agreement to provide fire rescue services as authorized by Chapter 163,Florida Statues. The Town and City Councils shall each retain total legislative authority with regard to their respective municipalities. Each party to this Agreement will remain liable for its own negligence and any and all negligent actions undertaken by its employees and agents in the performance of the obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitations of liability set forth in section 768.28,Florida Statutes. SECTION 8. DISPUTES 5 Page 448 of 528 In the event that the Town has a dispute with respect to the City's performance hereunder,the Town shall notify the City Manager in writing, advising of disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the Page 449 of 528 Town or and the City,the Town shall request the City Manager schedule the disputed matter to be heard at the next scheduled City Commission meeting. SECTION 9. TERMINATION iwf*e4P. eemmefieemefit eal �,ear- Either party may terminate this Agreement by giving written notice to the other party that the cancelling party elects to terminate the Agreement 4-W, fiscalyear-no less than twelve (12) months prior to end of the fiscal. For example, a party may terminate this Agreement effective September 30,20--14 2020 by giving written notice prior to October 1Z 20 13 2019. SECTION 10. AMENDMENT TO A GREEMENT This Agreement shall not be amended or modified except in writing executed by the parties, and approved by resolution of the governing body of each party. SECTION 11. MISCELLANEOUS PROVISIONS (a) Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the other party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. (b) The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. (c) If any terms or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. (d) This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce, or arising out of this Interlocal Agreement shall be held in Palm Beach County,Florida. (e) This Interlocal Agreement represents the entire understanding of the parties, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the Provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 6 Page 450 of 528 (f) This Interlocal Agreement and subsequent amendments thereto shall be filed by the City with the Clerk of the Circuit Court of Palm Beach County, Florida, in conformance with Section 163.01(11),Florida Statutes. WITNESSES: TOWN OF HYPOLUXO, FLORIDA Ma yk k y o - —' � Attest: Town Clerk Approved as to form and Legal sufficiency: Leonard Rubin, Esq. Assistant Town Attorney WTTNF.CCF.0 CITY(1F R(IYNT(1N RF.AC1T FT.(1RTT)A r ayor l Atte :' _ t iksLsWD ity Clerk Approved a0 fond 3t Legal Buff 7/ AV James herof City Attorney S:ca/agmts/fire rescue services/Hypoluxo4tea 2018-2025 7 Page 451 of 528 1 TOWN OF HYPOLUXO 2 3 RESOLUTION NO. 10-390 4 5 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF 6 HYPOLUXO, FLORIDA APPROVING AN INTERLOCAL AGREEMENT 7 PROVIDING FOR FIRE-RESCUE SERVICES TO THE TOWN OF 8 HYPOLUXO BY THE CITY OF BOYNTON BEACH AND AUTHORIZING 9 THE MAYOR AND TOWN CLERK TO EXECUTE SAME; PROVIDING 10 FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the Town does not maintain a Fire Protection and Fire Rescue 13 Department and the City of Boynton Beach has been providing fire-rescue services to 14 the Town pursuant to an Interlocal Agreement since 1997; and 15 16 WHEREAS, the current Interlocal Agreement expires on September 30, 2018 17 and the Town wishes to execute a new Interlocal Agreement with the City of Boynton 18 Beach for a seven (7) year term commencing on October 1 , 2018 and ending on September 30, 2025 with an option to extend the agreement for an additional seven (7) years if all parties agree; and 20 21 WHEREAS, the Town's payments to the City of Boynton Beach for fire-rescue 22 service pursuant to the Interlocal Agreement are substantially less than property owners 23 would otherwise pay if the Town were part of the Palm Beach County Fire-Rescue 24 Municipal Services Taxing Unit; and 25 26 WHEREAS, the Town Council determines that the execution of an Interlocal 27 Agreement for Fire-Rescue Services with the City of Boynton Beach is in the best 28 interests of the health, safety and welfare of the citizens and residents of the Town. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE 31 TOWN OF HYPOLUXO, FLORIDA as follows: 32 33 Section 1. The foregoing recitals are ratified as true and incorporated herein. 34 35 Section 2. The Town Council hereby approves the Interlocal Agreement 36 Providing Fire-Rescue Services to the Town of Hypoluxo by the City of Boynton Beach, 37 a copy of which is attached hereto and incorporated herein by reference, and authorizes 38 the Mayor and Town Clerk to execute the Agreement on behalf of the Town. 39 40 Section 3. All resolutions or parts of resolutions in conflict with this Resolution 41 are hereby repealed to the extent of such conflict. 42 43 Section 4. This Resolution shall become effective immediately upon adoption. 44 45 [Remainder of page intentionally blank] Page 1 of 2 Page 452 of 528 Resolution 10-390 1 RESOLVED AND ADOPTED this / z of 2010 2 3 TOWN OF HYPOLUXO, FLORIDA 4 5 BY: -- 6 7 -Ad R ATTFRT- Kenneth M. Schultz, Major 9 10 11 12 13 Barbara Lee Searls, Town Clerk 14 15 SI IFFIC;IFNC Y- 16 `' APPROVED AS TO FORM AND LEGAL 17 ~- - Leonard G. Rubin, Town Attorney 18 19 VOTE: AYE: NAY: ABSENT: 20 21 VICE MAYOR MICHAEL C. BROWN 22 23 COUNCILMEMBER KAREN C. MILLER L-- 24 25 COUNCILMEMBER DANIEL L. MONAHAN 26 27 COUNCILMEMBER WILLIAM J. SMITH 28 29 COUNCILMEMBER RICHARD J. RONEY 30 Page 2 of 2 Page 453 of 528 INTERLOCAL AGREEMENT FOR FIRE-RESCUE SERVICES TO THE TOWN OF HYPOLUXO BY THE CITY BOYNTON BEACH This Agreement, made and entered into this day of 2018, by and between the City of Boynton Beach, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "City", and the Town of Hypoluxo, Palm Beach County,Florida, a municipal corporation,hereinafter referred to as "Town." WITNES SETH: WHEREAS, the Town presently does not maintain a Fire Protection and Fire Rescue Department with firefighting and emergency medical equipment and personnel, and desires the City to provide fire and rescue services to the Town; and WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue Department and desires to provide fire and rescue services to the Town; and WHEREAS, the City will maintain or improve the standards of fire and rescue services to the Town as currently provided by the City within its municipal limits; and WHEREAS, the City has a mutual aid agreement with Palm Beach County Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and WHEREAS, the City and Town desire to enter into a cooperative arrangement providing fire and rescue services benefiting public safety and local government; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of fire and rescue services without regard to territorial boundaries, which shall benefit mutually and equally the citizens of each party; and WHEREAS, the City will provide fire and rescue services to the Town in conformance with City and Palm Beach County Fire Code of Ordinances; and WHEREAS, the City will provide additional fire and rescue equipment and personnel to ensure that the Town will receive the same or improved standards of fire rescue services that are currently being received by the Town. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto,hereby agree as follows: Page 454 of 528 SECTION 1. PURPOSE (a) This Agreement constitutes an interlocal agreement authorized by Section 163.01, Florida Statues, being a joint exercise of Power shared in common which any City could exercise separately and shall be filed with the Clerk of Circuit Court in and for Palm Beach County,Florida. (b) The purpose of this Agreement is to provide fire protection and fire rescue within the municipal limits of the Town by the City Fire Rescue Department. Fire rescue shall include advanced life support as that term is defined by section 401.23, Florida Statutes. Fire protection shall include plan review, fire code enforcement, building inspection, fire suppression, fire inspection and fire investigation. SECTION 2. TERM OF AGREEMENT The term of this Agreement shall be for a period of seven (7) years commencing October 1, 2018 and ending September 30, 2025,with an option to extend the agreement for an additional seven (7) years if all parties agree, or-unless sooner terminated as provided herein. SECTION 3. SERVICES RENDERED The City, through its Fire Rescue Department, shall provide fire protection, fire rescue, fire inspection, fire investigation and advanced life support services 24 hours per day, 365 days per year, within the municipal limits of the Town throughout the term of this Agreement. (a) This Interlocal Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on the City to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station of the City, or at any emergency scene within the Town boundaries at any specific time. The City will dispatch and assign the closest, appropriately staffed and available vehicle(s) to emergencies within the Town consistent with the level of resources available to the City and the level of service provided to City residents. (b) The parties hereto further understand and agree that a possibility exists that the City of Boynton Beach Fire Department may receive simultaneous calls for separate accidents, fires and other public safety problems. In the event of a simultaneous occurrence of emergencies, the judgement of the Fire Chief of the City, or the senior Fire Department Officer on duty at the time, as to which call should receive first priority response, shall be binding upon the parties hereto. If the City cannot respond to a call for assistance due to multiple calls and/or alarms in progress, all reasonable efforts will then be made by the City to arrange for a suitable response from another agency or jurisdiction cooperating with the City through various mutual aid agreements in effect at the time. 2 Page 455 of 528 (c) The Fire Chief of the City of Boynton Beach shall have full and complete authority through the normal chain of command over the operation of the City of Boynton Beach Fire Department personnel, vehicles and equipment while in the Town of Hypoluxo. (d) The City Fire Department shall have complete authority and control over the use and deployment of any and all apparatus and equipment acquired by the Town for its use and to support this Agreement during its term. (e) The Town officials, employees,residents and citizens shall not interfere with the direction, management and deployment of the City Fire Department, its personnel or equipment at any time during firefighting or other emergency situations. The Town shall report all street and road closures/openings to the City Fire Department immediately. (g) The City assumes no responsibility for emergency preparedness planning and program implementation for the Town. (h) The City will provide the same level of service to the Town as it provides to City residents with respect to hazardous material response in accordance with the Palm Beach County Regional Hazardous Materials Response Ordinance of 1998 ("County Haz-Mat Ordinance"), which is incorporated herein, and made a part hereof by reference. As set forth in the County Haz-Mat Ordinance, recovery of all costs associated with a discharge or threatened discharge of hazardous substances will be sought against the persons responsible for causing or allowing a discharge or threatened discharge. To the extent that costs are actually incurred by the City in responding to a hazardous material incident within the corporate limits of the Town and the City (or the County on behalf of the City), using its best efforts, is unable to recover such costs from the responsible persons or the Federal Government in accordance with Section 7 of the County Haz-Mat Ordinance, the Town shall reimburse the City for certain expended supplies and consumables, namely, chemical absorbents, hazardous materials vapor suppressions, chemical testing agents, and hazardous materials recovery drums and/or other containers used by the City Fire Department. (i) The City is permitted to invoice residents of the Town for appropriate emergency medical service fees under the same terms and conditions as those for residents of the City. SECTION 4. PAYMENT In consideration of the City providing the services set forth in Section 3, the Town agrees to pay the City the sum of Four Hundred Thirty Six Thousand One Hundred and Forty Two Dollars and 00/100 ($436,142) during the first year of this Agreement, payable in two equal, semi-annual installments on January 15, 2019 and April 15, 2019. 3 Page 456 of 528 Commencing October 1, 2019, the annual compensation for fire rescue services to be rendered by the City to the Town shall be adjusted annually. Per mutual agreement of the parties, such compensation may be adjusted to offset any increased costs of providing the enumerated services and programs due to unfunded mandated of the federal, state, or County government and to address any other unforeseen events or contingencies. The adjustments contemplated in this subsection shall be in addition the annual adjustment set forth below. Before July 1, 2019, and annually before July 1 of each succeeding year of this Agreement, the initial compensation payable by the Town to the City ($436,142) shall be adjusted effective October 1, 2018, and as of October 1 of each succeeding year of this Agreement. The annual adjusted compensation commencing October 1, 2019 and for each succeeding year of this Agreement. Adjusted compensation for fire rescue services shall be paid by the Town to the City in two equal semi-annual installments on January 15 and April 15 throughout the term of this Agreement. The City's fee for inspection and plan review of new development, redevelopment, and existing structures within the Town shall be charged directly to the owners of such new development, redevelopment, and existing structures in accordance with the fee as established by resolution of the city commission and on file in the city clerk's office. SECTION 5. NOTICES AND PAYMENTS All notices and payments between the parties hereto shall be mailed by certified mail, return receipt requested, and/or fax to the following addresses, respectively (payments should be sent via certified mail and need only be sent to the City Manager and Mayor): City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach,Florida 33435 Fire Chief City of Boynton Beach 2080 High Ridge Road Boynton Beach, Florida 33426 Mayor Town of Hypoluxo 7580 South Federal Highway Hypoluxo, Florida 33462-6034 4 Page 457 of 528 SECTION 6. CODE The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be amended, including NFPA I Fire Prevention Code (6th edition) and NFPA Life Safety Code (6th edition), in addition to any local amendments adopted by the City in accordance with section 633.0215, Florida Statutes, and shall apply within the Town's municipal limits Sections 2.5-8., 2.5-12, 2.5-13, 2.5-15, 2.5-16, and 2.5-17 and amendments hereafter of the City Code of Ordinances, "Alarm Systems," shall be incorporated herein by reference in this Agreement. The City shall remit false alarm charges to the Town. The Town shall notify alarm users of the charges due, requesting payment thereof pursuant to a fee as established by resolution of the city commission and on file in the city clerk's office. The City imposes a fine for more than three (3) false alarms in any twelve- month period, exclusive of false alarms caused by acts of God or other natural forces. The City shall promptly provide the Town with copies of all new legislation, including but not limited to ordinances, resolutions, policies, or procedures which may be enacted by the City that may affect Chapter 2.5 entitled "Alarm Systems" and/or Chapter 9 entitled "Fire Protection and Prevention" of the City of Boynton Beach Code of Ordinances. SECTION 7. ADMINISTRATION All written rules and regulations, policies and procedures of the City of Boynton Beach Fire Rescue Department shall apply to the Town and are hereby incorporated herein by reference pursuant to this Agreement. Nothing contained in this Agreement shall be construed to constitute a transfer of municipal powers in any way whatsoever. This Agreement is solely an interlocal Agreement to provide fire rescue services as authorized by Chapter 163,Florida Statues. The Town and City Councils shall each retain total legislative authority with regard to their respective municipalities. Each party to this Agreement will remain liable for its own negligence and any and all negligent actions undertaken by its employees and agents in the performance of the obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitations of liability set forth in section 768.28,Florida Statutes. SECTION 8. DISPUTES In the event that the Town has a dispute with respect to the City's performance hereunder,the Town shall notify the City Manager in writing, advising of disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the 5 Page 458 of 528 Town or and the City,the Town shall request the City Manager schedule the disputed matter to be heard at the next scheduled City Commission meeting. SECTION 9. TERMINATION Either party may terminate this Agreement by giving written notice to the other party that the cancelling party elects to terminate the Agreement no less than twelve (12) months prior to end of the fiscal year. For example, a party may terminate this Agreement effective September 30,2020 by giving written notice prior to October 1, 2019. SECTION 10. AMENDMENT TO A GREEMENT This Agreement shall not be amended or modified except in writing executed by the parties, and approved by resolution of the governing body of each parry. SECTION 11. MISCELLANEOUS PROVISIONS (a) Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the other parry for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. (b) The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. (c) If any terms or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. (d) This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce, or arising out of this Interlocal Agreement shall be held in Palm Beach County,Florida. (e) This Interlocal Agreement represents the entire understanding of the parties, and supersedes all other negotiations,representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the Provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 6 Page 459 of 528 (f) This Interlocal Agreement and subsequent amendments thereto shall be filed by the City with the Clerk of the Circuit Court of Palm Beach County, Florida, in conformance with Section 163.01(11),Florida Statutes. WITNESSES: TOWN OF HYPOLUXO, FLORIDA Ma yk k y o - —' � Attest: Town Clerk Approved as to form and Legal sufficiency: Leonard Rubin, Esq. Assistant Town Attorney WTTNF.CCF.0 CITY(1F R(IYNT(1N RF.AC1T FT.(1RTT)A r ayor l Atte :' _ t iksLsWD ity Clerk Approved a0 fond 3t Legal Buff 7/ AV James herof City Attorney S:ca/agmts/fire rescue services/Hypoluxo4tea 2018-2025 7 Page 460 of 528 12.A. LEGAL 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-019 - FIRST READING - City Commission to consider amending Part 11, Chapter 2, Article I of the Code of Ordinances to create a new subsection prohibiting board member lobbying. (TABLED - STAFF RECOMMENDS ITEM REMAIN TABLED) EXPLANATION OF REQUEST: Commissioner Casello requested to discuss the topic of prohibiting board members from engaging in lobbying City staff, City Commission, CRA Board on matters that come before that board that the member serves. Attached is an Ordinance addressing that topic for the Commission to discuss and determine what action if any they would like to take. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None ALTERNATIVES: Do not approve the ordinance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ord Prohibiting Board Member Lobbying Page 461 of 528 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," ARTICLE 1, "IN GENERAL," SECTION 2-16 BY 6 CREATING A NEW SUB-SECTION (5) PROHIBITING BOARD 7 MEMBER LOBBYING; 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, upon the recommendation of staff, the City Commission deems it to be in 14 the best interest of the citizens and residents of the City to amend Part II, Chapter 2, Article 1, 15 "In General", of the Code of Ordinances, Section 2-16 to add sub-section (5)prohibiting board 16 members from lobbying. 17 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 18 CITY OF BOYNTON BEACH, FLORIDA,AS FOLLOWS: 19 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 21 true and correct and are hereby made a part of this Ordinance. 22 23 Section 2. Part 11, Chapter 2, "Administration" Article I, "In General," Section 2-16 is 24 hereby amended by creating a new sub-paragraph (5)to read as follows: 25 26 Sec. 2-16. City boards and commissions; minimum qualifications for appointment, membership. 27 (a) In order to qualify for appointment to and to serve as a member of any board or committee 28 of the city, an individual must be an elector of Palm Beach County, Florida. 29 (b) In selecting individuals to serve on boards and committees of the city, preference shall be 30 given to individuals who are residents of the City of Boynton Beach, provided however, that 31 non-residents who own and operate businesses located within the city may also qualify for 32 appointment provided they possess qualifications or experience uniquely suited to deal with the 33 subject matter over which the board or committee has subject matter review or power. 34 (c) No currently serving member of any board or committee shall be disqualified for falling to 35 meet the minimum qualifications set forth in this section. However, at the expiration of the term 36 of each current board of committee member, the vacancy created by that expiring term shall be 37 filled with an individual qualified in accordance with the provisions of this section. 38 (d) Notwithstanding any other provision of city code or procedural rule, no alternate member 39 of any city board may serve in the capacity of its Chairperson, Vice Chair, Chair Pro-Tem, or 40 hold any other office on said board. 1 Page 462 of 528 I (e) No alternate member may be moved to a regular member of the Board unless appointed by 2 the City Commission. 3 (f) When a member of any Board, with the exception of those Boards that have regularly 4 scheduled meetings more than once a month, has missed three regular monthly meetings for any 5 reason within one annual board term, that member will be notified that one additional absence 6 will cause his/her Board membership to be terminated and a replacement will be appointed at the 7 time of the next absence. Those boards that have regularly scheduled meetings more than once a 8 month shall be permitted to have six absences during any one annual board term. The seventh 9 absence shall result in removal from the board. 10 (g) No person shall be appointed to a City Board without the person first submitting an 11 application for appointment. No application for appointment shall be considered by the City 12 Commission until the application form has been fully completed and signed by the applicant. All 13 applications for appointment to a City Board shall be on a form authorized by the City 14 Commission. The City Clerk shall review all applications for completeness prior to submitting 15 them to the City Commissioners for consideration. 16 (1) Prior to appointment, a City Commissioner may request written confirmation of the 17 qualifications listed by any applicant for appointment. When a request for confirmation of the 18 qualifications is made by a City Commissioner prior to appointment, the appointment shall be 19 delayed until the information requested is submitted and made available to the members of the 20 City Commission. No person shall be appointed to a City Board when that person is unable to 21 substantiate the qualifications listed on their application. 22 (2) A member of the City Commission may request written confirmation of qualifications of 23 a person who has been appointed by the Commission to a City Board. A request for confirmation 24 shall be made by the City Commissioner to the City Clerk. The City Clerk shall make written 25 request to the Board member. A copy of the Clerk's written request shall be provided to all 26 members of the City Commission. 27 (3) Except as otherwise provided by law, a Board member who does not submit 28 documentation of the qualifications listed on the Board member's application for appointment 29 within thirty (30) days of receipt of the Clerk's written request, or who submits documentation 30 which contradicts, negates, or fails to substantiate the information listed on the Board member's 31 application shall automatically be removed from their Board position. 32 (4) A person who is removed from a City Board pursuant to the procedures set forth in this 33 section shall not be subject to reappointment to any City Board for a period of thirty-six (36) 34 months. 35 (i) The City Commission shall fill vacancies on city boards by making appointments in 36 December following the city's November commission elections, commencing with the City 37 Commission election of November, 2007. To the extent necessary to transition from April to 38 November appointment, the term of office for any board appointee which would expire in April, 39 2008 or any April thereafter shall instead expire in the preceding November. 40 41 (5) No Board Member shall lobby or otherwise advocate privately or publicly with City 42 staff member, member of the City Administration, member of the City Commission or the 43 Commission as a whole, member of the Community Redevelopment Board or the CRA 44 Board as a whole, for or against the interest of an individual, partnership, corporation, or 45 other business entity which has an application, request, or any other matter pending for 46 review or approval with the City. No Board Member shall speak at City Commission or 2 Page 463 of 528 I CRA Board meeting on any matter which has been before the Board on which the Board 2 Member serves. 3 4 5 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in 6 conflict herewith be and the same are hereby repealed to the extent of such conflict. 7 8 Section 4. If any clause, section, or other part or application of this Ordinance shall be 9 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 10 or invalid part or application shall be considered as eliminated and so not affecting the validity of 11 the remaining portions or applications remaining in full force and effect. 12 13 Section 5. This Ordinance shall become effective on passage. 14 15 FIRST READING this day of , 2018. 16 17 SECOND, FINAL READING AND PASSAGE this day of 18 2018. 19 20 CITY OF BOYNTON BEACH, FLORIDA 21 22 YES NO 23 24 Mayor— Steven B. Grant 25 26 Vice Mayor— Christina L. Romelus 27 28 Commissioner—Mack McCray 29 30 Commissioner—Justin Katz 31 32 Commissioner—Joe Casello 33 34 35 VOTE 36 ATTEST: 37 38 39 40 Judith A. Pyle, CMC 41 City Clerk 42 43 44 (Corporate Seal) 3 Page 464 of 528 12.B. LEGAL 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-020 - FIRST READING - PUBLIC HEARING - Approve amendments to the regulations governing the methodology used for approving the Utility rates governing water, wastewater (Chapter 26-9), reuse water (Chapter 26-508), and the stormwater assessment fee (Chapter 26-403); allowing rates to be set annually by resolution of the Commission. (TABLED TO SEPTEMBER 6, 2018 DUE TO ADVERTISEMENT ISSUES) EXPLANATION OF REQUEST: Utility operations are fully funded through an approved rate structure. As operational and capital costs increase or decrease, rates should be adjusted to ensure financial sustainability of the Utility. The Utility completed a five year rate study in 2010 through an external consultants who reviewed the projected capital I mprovement plan and operating budget, along with population growth and developed a five year rate schedule. The rate schedule included yearly increases through 2015. Since then the Utility has not adjusted rates. In order to maintain long term financial stability, rates should be adjusted annual based on projected changes in the cost of supplies, materials, labor, and contractual services. Costs changes in these categories are captured by the federal government and published in various Consumer Price Indices (CPI's). By using these indices on an annual basis Once approved the schedule does not change and cannot react to changing circumstances which might suggest higher or lower increases than those planned. In order to resolve these deficiencies the utility has developed a new, sophisticated, long term planning system that allows review of the impacts of the operating and capital improvement costs on the financial reserves on a regular basis. Revenues and costs can be forecast based upon cost indices impacting our expenses and the needs of the capital plan. The system is able to analyze the costs impacting each individual utility separately and forecast any necessary rate adjustments up or down as needed. Utilizing this tool the Utility will report to the Commission each year during the budget process, present the analysis provided by the financial planning model and request any necessary rate adjustments at that time. The required legal notice of the proposed rate change will be presented prior to the final hearing. Commission will make any resulting rate adjustments by resolution following the hearing. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A well managed and funded utility is an important part of the ongoing success of the city. The services provided are some of the essential requirements needed to provide a good quality of life to the residents. FISCAL IMPACT: Appropriate rates for the services of the Utility are essential for the long term stability of the system with the appropriate level of investment in the maintenance and improvement of the system. Page 465 of 528 ALTERNATIVES: Stay with the existing method of rate adjustment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Revised Ordinance 2nd Reading D Addendum Water/Watswater Rates D Addendum Reuse Rate ordinance D Addendum Storm ter rate ordinance D Ordinance Strike®Add Draft Version Water Sewer D Ordinance Strike®Add Draft Version Stormwater D Ordinance Strike®Add Draft Version Reuse water Page 466 of 528 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CITY OF BOYNTON BEACH CODE OF ORDINANCES, 5 CHAPTER 26, WATER, SEWERS AND CITY UTILITIES BY 6 AMENDING THE REGULATIONS GOVERNING THE 7 METHODOLOGY USED FOR APPROVING THE UTILITY RATES 8 GOVERNING CHAPTER 26— 9, WATER,WASTEWATER, CHAPTER 9 26-508, REUSE WATER,AND CHAPTER 26-403, THE STORMWATER 10 ASSESSMENT FEE; ALLOWING RATES TO BE SET ANNUALLY BY 11 RESOLUTION OF THE COMMISSION.; PROVIDING FOR CITY 12 COMMISSION AUTHORITY, CODIFICATION, SEVERABILITY, 13 CONFLICTS,AND AN EFFECTIVE DATE. 14 15 WHEREAS, Utility operations are fully funded through an approved rate structure and 16 as operational and capital costs increase or decrease,rates should be adjusted to ensure financial 17 sustainability of the utility; and 18 19 WHEREAS, the Utility Department completed a five year rate study in 20 2010 through an external consultants who reviewed the projected capital improvement plan and 21 operating budget, along with population growth and developed a five year rate schedule; and 22 23 WHEREAS, in order to maintain long term financial stability, rates should be adjusted 24 annual based on projected changes in the cost of supplies, materials, labor, and contractual 25 services which costs changes in these categories are captured by the federal government and 26 published in various Consumer Price Indices (CPI's); and 27 28 WHEREAS, in order to resolve these deficiencies the Utility Department has 29 developed a new, sophisticated, long term planning system that allows review of the impacts of 30 the operating and capital improvement costs on the financial reserves on a regular basis; and 31 WHEREAS, revenues and costs can be forecast based upon cost indices impacting our 32 expenses and the needs of the capital plan; and 33 WHEREAS, utilizing this tool the Utility Department will report to the Commission 34 each year during the budget process, present the analysis provided by the financial planning 35 model and request any necessary rate adjustments at that time as well as the required legal 36 notice of the proposed rate change will be presented prior to the final hearing and the City 37 Commission will make any resulting rate adjustments by resolution following the hearing. 38 39 NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE 40 CITY OF BOYNTON BEACH, FLORIDA as follows: 41 42 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as 43 being true and correct and are hereby made a part of this Ordinance. tC:AProgram Files(X86)ANeevia.ComVDocconverterproATemp\NVDCAF169D5B9-16A1-4D9A-BA05-5917A046EB8F\Boynton Beach.11894.1.2nd Read Rev_-_Ordinance.Docx Page 467 of 528 44 45 SECTION 2. Amendment of City Code. Part 11, "Code of Ordinances", Chapter 26, 46 "Water, Sewers and City Utilities", Section 26-9 of the City of Boynton Beach Code of 47 Ordinances be, and the same are hereby amended as follows: 48 49 Sec. 26-9. Water and wastewater rates and charges. 50 The monthly rates and charges for water and wastewater shall be reviewed annually by the 51 Utilities Management and the rates set by the Commission during the annual budget process. 52 Such rates shall become effective on October 1 of each year. Unless otherwise agreed, rates 53 for customers outside the city are set 25% higher. 57 58 The maximum sewer commodity charge for residential customers (in city or outside city) 59 will be based upon a maximum sewer usage of seven thousand (7,000) gallons per month. 60 Commercial accounts will be billed sewer charges based upon total water usage. 61 62 For multi-family buildings and commercial buildings(in city or outside city)in which 63 several units are serviced by a single meter, the base facility charge per meter shall be 64 calculated by multiplying the number of units times the standard base charges for water, 65 sewer and stormwater. The billing for consumption shall similarly be calculated by dividing 66 the total monthly consumption for each meter by the number of units, in order to determine 67 the billing rate and amount per unit which is then multiplied by the number of units on each 68 meter. Billing for utility services for multi-unit parcels shall commence on the first day that 69 either a sewer connection is made or a water meter is set in place. 70 71 If the utility account is temporarily disconnected, there shall continue to be a minimum 72 charge for water and wastewater billed monthly and calculated at the base rate for the 73 applicable billing category. 74 75 76 77 SECTION 3. Amendment of City Code. Part 11, "Code of Ordinances", Chapter 26, 78 "Water, Sewers and City Utilities", Section 26-508 of the City of Boynton Beach Code of 79 Ordinances be, and the same are hereby amended as follows: 80 81 82 Sec. 26-508. Fees, rates and charges. 83 84 (a) Charges for reclaimed water use will be based on metered flows and will be billed on a 85 monthly basis per one thousand (1,000) gallons in accordance with the approved rate 86 schedule. 87 88 The monthly rates and charges for water and wastewater shall be reviewed annually by 89 the Utilities Management and the rates set by the Commission during the annual budget 90 setting process. Such rates shall become effective on October 1 of each year. 91 tC:AProgram Files(X86)ANeevia.ComVDocconverterproATemp\NVDCAF169D5B9-16A1-4D9A-BA05-5917A046EB8F\Boynton Beach.11894.1.2nd Read Rev_-_Ordinance.Docx Page 468 of 528 92 (b) Meter installation charges and deposits, when applicable, shall be as listed in Chapter 93 26, Article 1 of the City Code of Ordinances. 94 95 96 SECTION 4. Amendment of City Code. Part 11, "Code of Ordinances", Chapter 26, 97 "Water, Sewers and City Utilities", Section 26-403 of the City of Boynton Beach Code of 98 Ordinances be, and the same are hereby amended as follows: 99 100 Sec. 26-403. Schedule of rates. 101 (a) The Director is directed to prepare a list of lots and parcels within the city and assign a 102 classification of residential, nonresidential or undeveloped to each lot or parcel. 103 (b) The monthly charge per ERU for all improved properties within the City of Boynton 104 Beach corporate limits shall be set by commission The monthly rates and charges for water 105 and wastewater shall be reviewed annually by the Utilities Management and the rates set by 106 the Commission during the annual budget setting process. Such rates shall become effective 107 on October 1 of each year. 108 (c) The fee imposed for residential properties shall be the rate for one ERU multiplied by 109 the number of individual dwelling units existing on the property (ERU rate) (number of 110 dwelling units). 111 (d) The fee imposed for nonresidential properties as defined herein shall be the rate for one 112 ERU for each 1,937 square feet of impervious area. 113 (e) The Director shall be responsible for determining the impervious area based on data 114 supplied by the county property appraiser, or by the property owner, tenant or developer if 115 such information is unavailable. The Director may require additional information as necessary 116 to make the determination. The billing amount shall be updated by the Director based on any 117 additions or deletions to the impervious area as approved through the building permit process. 118 (f) The minimum fee for any nonresidential parcel shall be equal to the rate for one ERU. 119 (g) There shall be no fee for undeveloped property. 120 (h) For a period of two years commencing January 1, 2010 and ending December 31, 2011, 121 a $0.25 per ERU per month surcharge shall be collected to fund a five-year fresh water canal 122 aquatic vegetation removal and control program. The surcharge funds collected shall be 123 deposited in a separate"fresh water canal maintenance account" account in the stormwater 124 utility enterprise fund. 125 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 126 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 127 conflict. 128 Section S. Should any section or provision of this Ordinance or any portion 129 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall tC:AProgram Files(X86)ANeevia.ComVDocconverterproATemp\NVDCAF169D5B9-16A1-4D9A-BA05-5917A046EB8F\Boynton Beach.11894.1.2nd Read Rev_-_Ordinance.Docx Page 469 of 528 130 not affect the remainder of this Ordinance. 131 Section 6. It is the intention of the City Commission of the City of Boynton 132 Beach that the provisions of this Ordinance shall become and be made a part of the Code 133 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may 134 be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", 135 "Article" or such other word or phrase in order to accomplish such intention. 136 Section 7. This Ordinance shall become effective September 30, 2018. 137 138 FIRST READING this day of 2018. 139 {C:AProgram Files(X86)ANeevia.ComVDocconverterproATemp\NVDCAF169D5B9-16A1-4D9A-BA05-5917A046EB8F\Boynton Beach.11894.1.2nd Read Rev_-_Ordinance.Docx Page 470 of 528 140 SECOND, FINAL READING AND PASSAGE this day of 141 2018. 142 143 CITY OF BOYNTON BEACH, FLORIDA 144 145 YES NO 146 147 Mayor— Steven B. Grant 148 149 Vice Mayor— Christina L. Romelus 150 151 Commissioner—Mack McCray 152 153 Commissioner—Justin Katz 154 155 Commissioner—Joe Casello 156 157 158 VOTE 159 ATTEST: 160 161 162 163 Judith A. Pyle, CMC 164 City Clerk 165 166 167 168 (Corporate Seal) 169 {C:AProgram Files(X86)ANeevia.ComVDocconverterproATemp\NVDCAF169D5B9-16A1-4D9A-BA05-5917A046EB8F\Boynton Beach.11894.1.2nd Read Rev_-_Ordinance.Docx Page 471 of 528 Sec. 26-9. Water and wastewater rates and charges. The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget process. Such rates shall become effective on October 1 of each year. Unless otherwise agreed rates for customers outside the city are set 25% higher. The maximum sewer commodity charge for residential customers (in city or outside city)will be based upon a maximum sewer usage of seven thousand (7,000) gallons per month. Commercial accounts will be billed sewer charges based upon total water usage. For multi-family buildings and commercial buildings (in city or outside city)in which several units are serviced by a single meter, the base facility charge per meter shall be calculated by multiplying the number of units times the standard base charges for water, sewer and stormwater. The billing for consumption shall similarly be calculated by dividing the total monthly consumption for each meter by the number of units, in order to determine the billing rate and amount per unit which is then multiplied by the number of units on each meter. Billing for utility services for multi-unit parcels shall commence on the first day that either a sewer connection is made or a water meter is set in place. If the utility account is temporarily disconnected, there shall continue to be a minimum charge for water and wastewater billed monthly and calculated at the base rate for the applicable billing category. (Ord. No. 90-35, § 3, 9-18-90; Ord. No. 94-30, § 1, 9-20-94; Ord.No. 00-54, § 3, 10-17-00; Ord. No. 02-045 § 3 8-20-02; Ord. No. 07-023` §§ 2 3 9-2-07; Ord. No. 09-019 §§ 3 4 4-21-09; Ord. No. 09-037, § 2, 8-4-09; Ord. No. 11-022, .§ 2, 10-4-11) Note-See the editor's'note following§26-8. Page 472 of 528 Sec. 26-508. Fees, rates and charges. (a) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per one thousand (1,000) gallons in accordance with the approved rate schedule. The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget process. Such rates shall become effective on October 1 of each year. (b) Meter installation charges and deposits, when applicable, shall be as listed in Chapter 26, Article 1 of the City Code of Ordinances. Page 473 of 528 Sec. 26-403. Schedule of rates. (a) The Director is directed to prepare a list of lots and parcels within the city and assign a classification of residential, nonresidential or undeveloped to each lot or parcel. (b) The monthly charge per ERU for all improved properties within the City of Boynton Beach corporate limits shall be set by commission. The monthly rates and charges for shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget process. Such rates shall become effective on October 1 of each year. (c) The fee imposed for residential properties shall be the rate for one ERU multiplied by the number of individual dwelling units existing on the property (ERU rate) (number of dwelling units). (d) The fee imposed for nonresidential properties as defined herein shall be the rate for one ERU for each 1,937 square feet of impervious area. (e) The Director shall be responsible for determining the impervious area based on data supplied by the county property appraiser, or by the property owner, tenant or developer if such information is unavailable. The Director may require additional information as necessary to make the determination. The billing amount shall be updated by the Director based on any additions or deletions to the impervious area as approved through the building permit process. (f) The minimum fee for any nonresidential parcel shall be equal to the rate for one ERU. (g) There shall be no fee for undeveloped property. ((Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 2, 10-18-94; Ord. No. 00-14, § 2, 6-6-00; Ord. No. 02-12, § 2, 4-2-02; Ord. 09-047, § 2, 12-15-09) Page 474 of 528 Secs. 26-1-26-6. Reserved. Sec. 26-7. Lien for unpaid charge; liability for charges. (a) Lien when customer is owner of property. In addition to any other remedy provided in this chapter, when the customer is the owner of the property, the city shall have a lien against the property serviced for any and all unpaid fees and charges authorized for the city's water, sewer, stormwater, reclaimed water system. The city may record the lien in the public records of Palm Beach County, Florida. The lien shall be coequal with the lien of all county and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. Such lien when delinquent for more than 30 days may be foreclosed by the city in the manner provided by the laws of Florida for the foreclosure of mortgages on real property. The city shall be entitled to recover costs and a reasonable attorney's fee incurred in foreclosing any such lien. No change of occupancy or ownership shall affect the lien. (b) Lien when customer is tenant. When the customer is a tenant,the city shall have a lien against the leasehold interest and the tenant's personal property on the premises for all unpaid fees and charges. The city may record the lien in the public records of Palm Beach County, Florida. The lien shall be coequal with the lien of all county and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. The city shall be entitled to recover costs and a reasonable attorney's fee incurred in foreclosing any such lien. The city shall not impose a lien against the rental property for any unpaid utility charges incurred by a former occupant except to the extent that the present tenant or owner directly benefited from the services provided to the former occupant. It is presumed that a property owner benefit from the city providing utilities to the former occupant unless the property owner following the city's notice of intent to file a lien, submits an affidavit and supporting documents to the city establishing the following, when applicable: (1) The lease agreement,in effect during the time period the delinquency accrued, contained a provision or addendum which required the tenant/former occupant to pay the utilities; and (2) The property owner had no knowledge that utility payments were in arrears; (3) The property owner received no rent payment during the time period the delinquency accrued; and (4) The property owner did not have a security deposit or the security deposit was applied to delinquent rent; and (5) Prior to the time period the delinquency accrued, the property owner legally conveyed all of his/her/its interest in the respective property to an unassociated individual or entity. The owner of a rental unit shall be responsible for all fees and charges for the rental property until such time as the tenant applies for service and tenders the required deposit. Any charges prior to the current tenant's application and deposit and subsequent to the former tenant's termination shall be the responsibility of the owner. The city shall have a lien against the property serviced for all unpaid fees and charges during the period of the owner's responsibility as stated in subsection (a) of this section. (c) Liability for charges; civil actions. The customer applying for utility service shall be personally liable to the city for the payment of all fees and charges. In addition to all other Page 475 of 528 remedies, including the lien and foreclosure remedies set forth in (a) and (b) above, the city shall have the authority to recover from the customer in a civil legal action all unpaid fees, charges and penalties and the costs and a reasonable attorney's fee incurred in any such action, including those incurred while on appeal. Additionally, the customer shall be liable for any administrative costs the city incurs in collection of the account. (d) An administrative fee of$125.00 shall be charged to the customer whenever the city records a lien against the property serviced for unpaid water, sewer, stormwater, reclaimed water rates, fees and charges. (Ord. No. 16-005, § 3, 3-1-16) Sec. 26-8. Water and sewer connection, deposit and service charges. There is hereby established a fee structure for water and sewer service, field visits, meter connections and deposits, and miscellaneous services as set forth below: Field Visit Services Charge Per Occurrence Field visit(Including, but not limited to: initial read on, initial read shut, final read on, final read shut, temporary disconnects, non-emergency shut off for repair, customer $20 requested meter locates, and installation, movement, or removal of hydrant/construction meters.) Turn-on after hours $55 Turn-off after hours $55 Meter test(Based on meter size)* 3/4" $130 1" $150 11/2" $206 2" $230 3" and above $515 Re-read* (customer request), Residential $30 Commercial/Multi-Family $40 Water shut-off charge for non-payment $40 Labor charge for meter upgrades $60 Flow test* $30 Dishonored checks $25 Late payment $10 Page 476 of 528 *No charge if meter error, city's error, or substandard flow rate is detected. Any adjustments to the utility bill will be no more than three (3) months. Customer Tampering/Damages The Utilities Department is authorized to collect expenses for damages to meters/service by customers. If damages result from tampering, a per hour rate for staff time and material will be applied. All charges will be assessed to the account where tampering/damages occurred. Charge Per Occurrence Unauthorized reconnection of service $150 Pulled meter/reinstallation (In addition to the unauthorized reconnection of service charge for instances in which unauthorized connections cannot be securely disconnected due to tampering and/or damages or inability to lock the meter.) $50 Field Visit Services Charge Per Occurrence Illegal meter bypass (For theft of service after meter has been pulled or if jumper lines are used around existing meter. This charge may be applied alone or in addition to other tampering charges.) $150 Meter Connection Charges Meter Size (in inches) Inside City Outside City Deposit 5/8 and 3/4 $220 $275 $100 1 $255 $315 $125 1 1/2 $455 $565 $250 2 $530 $660 $400 3 Furnished and installed by and at the expense of customer $750 4 Furnished and installed by and at the expense of customer $1,250 6 Furnished and installed by and at the expense of customer $2,500 8 Furnished and installed by and at the expense of customer $4,000 Construction Meters Meter Size (in inches) Penalty for Nonread/month Deposit Page 477 of 528 3/4 $25 $100 1 $25 $100 11/2 $25 $200 2 $25 $200 Hydrant meter $150 $600 If the customer requests to increase the size of his water meter to a size greater than originally installed, the customer shall pay only the differential cost between the original meter and the cost of the new meter for both the connection and deposit charges. (Ord. No. 90-35, § 2, 9-18-90; Ord. No. 02-045, § 2, 8-20-02; Ord, No. 09-019, § 2, 4-21-09; Ord. No. 12-007, § 2, 6-5-12) Editor's note-Ord. No. 90-35, §§2, 3, adopted Sept. 18, 1990,provided fad' the inclusion of provisions pertaining to water and sewer servicecharges and monthly rates. Such provisions, designated as§§2 6-3 6 and 26-37, have been redesignated by the editor as§§26-8 and 26-9,for purposes of classification. Sec. 26-8.1 Water and sewer deposits, accounts, credits, termination and re-connection. (a) Accounts. All utility deposits collected by the city pursuant to this chapter shall be maintained in a non-interest bearing account. (b) Credits on deposits for residential customers. On December 1 st of each year the city will refund utility deposits to residential customers who have maintained a consecutive twelve (12) month satisfactory payment record and have established services for a consecutive twenty-four (24) month period. Accounts classified as commercial are not eligible for refunds described in section (b)hereof prior to termination of service. For purposes of this section a "satisfactory payment record" shall mean that the customer: (1) Has not made more than one late payment after the expiration of 30 days from the date of mailing. (2) Has not paid with a check refused by the bank. (3) Has not been disconnected for non-payment. (4) Has not tampered with the meter. (5) Has not used service in a fraudulent or unauthorized manner. Notwithstanding the foregoing, if subsequent to the refund of the deposit to the residential customer, the customer shall become delinquent for a period in excess of 30 days the city may require the customer to pay a new deposit within 15 days of written notice. Said deposit shall also be subject to refund in accordance with the provisions of this section. Page 478 of 528 (c) Termination of service. Upon termination of service the deposit, if not already refunded to the customers account, shall be credited against the final bill and the balance, if any, shall be returned to the customer in the form of a check. (d) Ke-connection. Customer shall be required to place a new deposit on account according to the then current rate upon reconnection to the city system. (e) Billing for utility service for parcels that will receive both water and sewer service shall commence on the first day that either a sewer connection is made, or the water meter is set in place. Billing for parcels receiving sewer service shall commence on the day that the sewer service line is connected to the City's utility system. For initial billing periods of less than thirty (30) days, the base facility charge will be pro-rated by multiplying the standard base facility charge by the number of days the service was provided, and then dividing by thirty (30). (f) Base facility charge. The base facility charge is defined as the monthly base fee charged per unit that shall be levied upon the initiation of service. The base facility charge is used to defray those non-consumption related operational expenses such as salaries, debt service, meter reading, billing and maintenance activities associated with the City's utility department, that are incurred regardless of water usage. (g) Temporary account activation for purpose of property inspection. Customer shall be required to open a new account including a deposit under current rates. All charges will be applied in same manner as they are for all new accounts. (Ord. 95-32, § 1, 9-19-95; Ord. No. 00-54, § 2, 10-17- 00; Ord. No. 12-007, § 3, 6-5-12) Sec. 26-8.2 Water Service/Annexation Agreements. The City Manager or Utilities Director is authorized to execute individual Owner Water Service/Annexation Agreements. The Release of a Water Service/Annexation Agreement requires City Commission approval. (Ord. No. 17-006, § 2, 2-21-17) Sec. 26-9. Water and wastewater rates and charges. The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget setting process. Such rates shall become effective on October 1 of each year. Unless otherwise agreed rates for customers outside the city are set 25% higher. The maximum sewer commodity charge for residential customers (in city or outside city)will be based upon a maximum sewer usage of seven thousand (7,000) gallons per month. Commercial accounts will be billed sewer charges based upon total water usage. For multi-family buildings (in city or outside city) in which several dwelling units are serviced by a single meter, the base facility charge per meter shall be calculated by multiplying the number of dwelling units times the standard base charges for water, sewer and stormwater. The billing for consumption shall similarly be calculated by dividing the total monthly consumption for each meter by the number of dwelling units, in order to determine the billing rate and amount per dwelling which is then multiplied by the number of units on each meter. Billing for utility Page 479 of 528 services for multi-family parcels shall commence on the first day that either a sewer connection is made or a water meter is set in place. If the utility account is temporarily disconnected, there shall continue to be a minimum charge for water and wastewater billed monthly and calculated at the base rate for the applicable billing category. (Ord. No. 90-35, § 3, 9-18-90; Ord. No. 94-30, § 1, 9-20-94; Ord. No. 00-54, § 3, 10-17-00; Ord. No. 02-045, § 3, 8-20-02; Ord. No. 07-023, §§ 2, 3, 9-2-07; Ord. No. 09-019, §§ 3, 4, 4-21-09; Ord. No. 09-037, § 2, 8-4-09; Ord. No. 11-022, § 2, 10-4-11) Note-See the editor's note following§26-8. Page 480 of 528 Sec. 26-403. Schedule of rates. (a) The Director is directed to prepare a list of lots and parcels within the city and assign a classification of residential, nonresidential or undeveloped to each lot or parcel. (b) The monthly charge per ERU for all improved properties within the City of Boynton Beach corporate limits shall be set by commission The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget setting process. Such rates shall become effective on October 1 of each year. (c) The fee imposed for residential properties shall be the rate for one ERU multiplied by the number of individual dwelling units existing on the property (ERU rate) (number of dwelling units). (d) The fee imposed for nonresidential properties as defined herein shall be the rate for one ERU for each 1,937 square feet of impervious area. (e) The Director shall be responsible for determining the impervious area based on data supplied by the county property appraiser, or by the property owner, tenant or developer if such information is unavailable. The Director may require additional information as necessary to make the determination. The billing amount shall be updated by the Director based on any additions or deletions to the impervious area as approved through the building permit process. (f) The minimum fee for any nonresidential parcel shall be equal to the rate for one ERU. (g) There shall be no fee for undeveloped property. (h) For a period of two years commencing January 1, 2010 and ending December 31, 2011, a $0.25 per ERU per month surcharge shall be collected to fund a five-year fresh water canal aquatic vegetation removal and control program. The surcharge funds collected shall be deposited in a separate"fresh water canal maintenance account" account in the stormwater utility enterprise fund. (Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 2, 10-18-94; Ord. No. 00-14, § 2, 6-6-00; Ord. No. 02-12, § 2, 4-2-02; Ord. 09-047, § 2, 12-15-09) Page 481 of 528 Sec. 26-508. Fees, rates and charges. (a) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per one thousand (1,000) gallons in accordance with the approved rate schedule. The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget setting process. Such rates shall become effective on October 1 of each year. (b) Meter installation charges and deposits, when applicable, shall be as listed in Chapter 26, Article 1 of the City Code of Ordinances. Page 482 of 528 12.C. LEGAL 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-016 - SECOND 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. (TABLED - STAFF RECOMMENDS ITEM REMAIN TABLED) 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 Page 483 of 528 recommendation for approval. 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 484 of 528 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 485 of 528 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 486 of 528 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 487 of 528 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 rlistris+ 7 ❑ertahle Group R satellite dish antennae are net allowed Lr9nGG fGFMiPg. Catewni+e dr'sh anteRRae properly peFred prI9r-to Apr�995 nompllapne with +his 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 488 of 528 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 489 of 528 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 490 of 528 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) GFoup R sat ite dish an#ennae whish are-reW,nted OR a #n�i 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 491 of 528 (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 492 of 528 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 493 of 528 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 494 of 528 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 495 of 528 12.D. LEGAL 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-017 - SECOND 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. (TABLED -- STAFF RECOMMENDS ITEM REMAIN TABLED) 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 496 of 528 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 497 of 528 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 498 of 528 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 499 of 528 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 500 of 528 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 501 of 528 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 502 of 528 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 503 of 528 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 504 of 528 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 505 of 528 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 506 of 528 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 507 of 528 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 508 of 528 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 509 of 528 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 510 of 528 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 511 of 528 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 512 of 528 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 513 of 528 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 514 of 528 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 515 of 528 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 516 of 528 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 517 of 528 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 518 of 528 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 519 of 528 12.E. LEGAL 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-021 —FIRST READING -An ordinance amending Chapter 10, section 10-30 of the City Code approving a rate increase in residential single family and multi-family garbage rates for fiscal year 2018-19, 2019-20 and 2020-21. EXPLANATION OF REQUEST: The City of Boynton Beach is committed to providing high quality, reliable solid waste service at the lowest possible rates for its citizens. It is critically important for the City to continually maintain, repair, and improve the assets it holds and to keep pace with ever increasing operating costs. Since fiscal year 2015-16 the Solid Waste Division has seen significant increases in personnel & benefit costs, waste disposal fees, vehicle service costs, vehicle replacement costs, and unexpected costs associated with post closure activities at the City's former landfill. As such staff is requesting a multiyear phased increase to the residential solid waste fees. The purpose of the increase is to cover the following items: • Addition of two (2) heavy equipment operators. • Purchase of Solid Waste vehicles by switching from a 7-year to a 4-year replacement cycle. • Replace/repair aging carts, dumpsters, and roll off containers. • Pay for expenditures to close out the City's old landfill. • Pay for increase waste disposal fees. • Replenish reserves in the Solid Waste fund. In addition the Solid Waste Division has experienced an eleven (11%) percent increase in personnel & benefit costs since 2015-16 based on personnel raises and pension expenditures, coupled with rising health insurance costs. At the same time the Solid Waste Division has realized a fifteen (15%) increase in waste disposal fees. Partly due to the Solid Waste Authority (SWA) raising their disposal rate from$42/ton up to $43/ton in 2017. In addition the Solid Waste Division has experienced an increase in total tons of refuse collected. This can be contributed to population growth and increased waste generation per person/family. In 2014 the City's long term commitment to manage the former landfill was coming to a close and in 2015 the City began the closeout process. The Solid Waste Division has been diligently working on achieving this goal, but has incurred unexpected expenditures related to this process. Over the last four (4) years the City averaged $255,000 annual and was recently notified the Florida Department of Environmental Protection (FDEP) has objected to the City's closeout request. At this time the Solid Waste Division has budgeted $333,400 to cover this unexpected expense, but absent final acceptance by FDEP, staff expects additional expenditures until formal closeout. During the economic turn down as part of the City's strategy to balance the budgets, a decision was made to extend the life expectancy of the Solid Waste fleet from four (4) years to seven (7) years. Although this strategy worked in the short term the long term effect is only now being realized as the Solid Waste Division has experienced a fifteen (15%) percent increase in vehicle service costs as well as an average of sixty-two (62%) percent increase in the vehicle replacement costs over the last three years. Page 520 of 528 Based on the increased costs outlined above and the current condition of Solid Waste fund reserves staff requests a multi-year rate increase. Fiscal Year Single Family Multi-Family Net Change 2017--18 $16.00 $12.75 Current Rate 2018-19 $17.00 $13.75 $1.00 2019-20 $17.50 $14.25 $0.50 2020-21 $18.00 $14.75 $0.50 Additionally, staff have reviewed the current rates from other municipalities with solid waste operations and the City of Boynton Beach will be on the lower to mid-range of rates even after the proposed rate increase. Municipality Single Family Multi-family City of Boca Raton $16.90 $10.25 City of West Palm Beach $18.85 $18.46 City of Lake Worth $20.48 $20.48 Note the City of Boca Raton and City of West Palm Beach are both contemplating rate increases for upcoming fiscal year ranging from$0.70 to $1.00 for single family and $0.40 to $1.00 for multi-family. I n conclusion the proposed rates will ensure the Solid Waste Division collects sufficient revenue to cover fixed expenses, to fund landfill expenditures, fund ongoing repair and replacement of the solid waste vehicles, and increase reserves used to maintain reliable service in future years. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Currently the Solid Waste Division provides garbage pick up twice per week and once per week for bulk & vegetation for residential accounts. Absent additional revenues to the Solid Waste Division, alternative delivery models may need to be considered. FISCAL IMPACT: Non-budgeted According to Government Finance Officers Associations (GFOA) a minimum reserve fund balance should be equivalent to three (3) months regular, ongoing operating expenses including transfers out. The proposed rate increase for single family and multi-family rates will provide additional revenue as follows: Fiscal Year Additional Revenue 2018-19 $460,000 2019-20 $230,000 2020-21 $230,000 ALTERNATIVES: Do not approve the rate increase and continue the status quo. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 521 of 528 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending solid waste rates Page 522 of 528 I ORDINANCE NO. 18- 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AMENDING CHAPTER 10 OF THE CITY'S 4 CODE OF ORDINANCES, "GARBAGE, TRASH AND 5 OFFENSIVE CONDITIONS," ARTICLE H, "REFUSE, 6 GARBAGE AND TRASH", SECTION 10-30,"RATES AND 7 CHARGES FOR CITY SERVICE" ALLOWING FOR 8 SOLID WASTE RATE INCREASE; PROVIDING FOR 9 CONFLICTS, SEVERABILITY, CODIFICATION AND 10 AN EFFECTIVE DATE. 11 WHEREAS, since fiscal year 2015-16 the Solid Waste Division has seen significant 12 increases in personnel & benefit costs, waste disposal fees, vehicle service costs, vehicle 13 replacement costs and unexpected costs associated with post closure activities at the City's 14 former landfill; and 15 WHEREAS, staff is requesting a multiyear phased increase to the residential solid 16 waste fees to cover the cost of two additional heavy equipment operators; purchase solid waste 17 vehicles by switching from a 7-year to a 4-year replacement cycle; replacement of aging carts, 18 dumpsters and roll off containers;paying for expenditures to close out the City's landfill;paying 19 for increased waste disposal fees and replenishing reserves in the Solid Waste fund; and 20 WHEREAS, the City Commission finds the adoption of the proposed ordinance is in 21 the best interest of the health, safety, and welfare of the citizens and residents of the City of 22 Boynton Beach. 23 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 24 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 25 Section 1. Each "Whereas" clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. Chapter 10, Garbage, Trash and Offensive Conditions,Article 11,Refuse, 28 Garbage and Trash, Section 10-30 is amended as follows: 29 30 ARTICLE II. REFUSE, GARBAGE AND TRASH* 31 32 ... 33 34 Sec. 10-30. Rates and charges for City service. 35 The rates and charges for refuse collection service provided by the City shall be as follows: 36 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\92AEC2DD-OCC9-4A56-87CO-OF6C46DFF1B6\Boynton Beach.11897.1.Solid_Waste_Rate_Increase_(2018)_-_Ordinance.docx - 1- Page 523 of 528 37 (a) Commercial containerized, excluding multifamily residential units: 38 (1) Monthly commercial charges shall consist of a total of the following three (3)items: 39 a. Rental charge - The charge assessed to account for expenses related to the provision 40 of commercial refuse containers. The Public Works Director shall annually adjust the 41 container rental fee based upon changing market prices of new containers. 42 b. Disposal charge-A fixed disposal charge as set and modified from time to time by 43 the Palm Beach County Solid Waste Authority. This price shall be passed on to the customer 44 directly. 45 c. Operating charge-A fixed charge per cubic yard to cover all other labor and 46 equipment hauling expenses and charges of the Solid Waste Department. The rate in 2014 - 47 2015 will be fixed at four dollars ($4.00)per cubic yard and shall be increased annually 48 thereafter based upon changes to operating expenses at the discretion of the Public Works 49 Director at the beginning of each fiscal year, or as otherwise provided by the City 50 Commission. 51 (2) Partial monthly service will be charged on a prorated basis, based on the rates in 52 subsection (la.) above. 53 (3) Mechanical compressed or compactor refuse shall have the disposal rate computed at 54 a three-to-one (3:1)ratio of the disposal rates set forth in subsection (lb.) above. Containers 55 with compactors shall be furnished by the owner, therefore, no rental cost shall be charged. 56 (b) Noncontainerized commercial service: Refuse picked up from residential type cans at 57 commercial establishments shall have their level of service negotiated by the Public Works 58 Department. 59 (c) Collection rates: 60 Fiscal Year Single-Family Multi-Family FY 2017-18 $16.00 $12.75 FY 2018-19 $17.00 $13.75 FY 2019-20 $17.50 $14.25 FY 2020-21 $18.00 $14.75 61 62 (d) Roll-off rates. Rates for roll-off dumpsters for construction and demolition debris shall 63 be established and modified from time to time by the Director of Public Works based upon 64 private markets conditions. 65 66 67 68 Section 3. Each and every other provision of Chapter 10, not herein specifically 69 amended shall remain in full force and effect as previously enacted. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\92AEC2DD-OCC9-4A56-87CO-OF6C46DFF1B6\Boynton Beach.11897.1.Solid Waste_Rate_Increase_(2018)_-_Ordinance.docx -2 Page 524 of 528 70 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same 71 are hereby repealed. 72 Section 5. Should any section or provision of this ordinance or portion hereof, any 73 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 74 decision shall not affect the remainder of this ordinance. 75 Section 6. Authority is hereby granted to codify said ordinance. 76 Section 7. This ordinance shall become effective immediately upon its passage and 77 adoption. 78 FIRST READING this day of , 2018. 79 80 SECOND, FINAL READING AND PASSAGE this day of 81 , 2018. 82 83 CITY OF BOYNTON BEACH, FLORIDA 84 YES NO 85 86 Mayor— Steven B. Grant 87 88 Vice Mayor— Christina L. Romelus 89 90 Commissioner—Mack McCray 91 92 Commissioner—Justin Katz 93 94 Commissioner—Joe Casello 95 96 97 VOTE 98 ATTEST: 99 100 101 102 Judith A. Pyle, CMC 103 City Clerk 104 105 106 107 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\92AEC2DD-OCC9-4A56-87CO-OF6C46DFF1B6\Boynton Beach.11897.1.Solid_Waste_Rate_Increase_(2018)_-_Ordinance.docx -3- Page 525 of 528 13.A. FUTURE AGENDA ITEMS 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 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 526 of 528 13.B. FUTURE AGENDA ITEMS 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 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 527 of 528 13.C. FUTURE AGENDA ITEMS 8/21/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/21/2018 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 528 of 528