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Agenda 09-20-18 The City of wr Boynton Beach y City Commission Agenda Thursday, September 20, 2018, 6:30 PM Intracoastal Park Clubhouse 2240 N. Federal Highway Regular City Commission Meeting -- REVISED -- added item 6.N 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 C] www.boynton-beach.org Page 1 of 940 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 940 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Conduct Second Public Budget Hearing for FY 2018/2019 Annual Budget. PROPOSED RESOLUTION NO. R18-128- Adopt the Final millage rate for the General Fund for Fiscal Year 2018-2019. PROPOSED RESOLUTION NO. R18-129- Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2018-2019. B. PROPOSED RESOLUTION NO. R18-130- Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2018-2019. C. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Proclaim the week of September 24 - 30, 2018 as Deaf Awareness Week. Beth Wagmeister, Director of Deaf Services for Gulfstream Goodwill Industries, Inc., will accept the proclamation from Mayor Grant. B. Proclaim September 28, 2018 as Childhood Cancer Awareness Day C. Announce that Palm Beach County Property Appraisers office will be manning a table at the Senior Center to provide Boynton Beach residents with information on how to file for Homestead Exemption from 1:30pm- 2:30pm on the following dates: Tuesday, October 9, 2018; Tuesday, November 13, 2018; and Tuesday, December 11, 2018 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Page 3 of 940 Arts Commission: 1 Alt Building Board of Adjustments &Appeals: 1 Reg and 2 Alts Historic Resource Preservation Bd. 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. R18-131 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2018-2019. B. PROPOSED RESOLUTION NO. R18-132- Authorize the City Manager to sign all documents associated with the acceptance of the Victims of Crime Act (VOCA) grant for the FY 2018-2019 funding cycle in the amount of$61,759. C. PROPOSED RESOLUTION NO. R18-133- Authorize the City Manager to sign a letter of agreement with Counseling Services Associates (CSA) to provide Employee Assistance Program (EAP) services at the rate of $13.00 per employee, per year (estimated annualized cost of $10,725) from October 1, 2018 through September 30, 2019, with two additional one year options for renewal. D. PROPOSED RESOLUTION NO. R18-134-Authorize the City Manager or designee to accept the Small Matching Grant from the Florida Department of State, Division of Historical Resources in the amount of $50,000 and sign the grant award agreement and all related documents and add the word "flooring" to the Children's Museum - Painting Exterior & Soffit Repair in FY2018/2019 CIR E. PROPOSED RESOLUTION NO. R18-135- Authorize the City Manager to sign a contract with Tri-County Mobile Wash, Inc. DBA Superior Wash utilizing the City of Deerfield's contract #2016-17/21 with an estimated annual expenditure of $80,000 for the washing of trucks and engines. Finance has reviewed and determined that the City of Deerfield's procurement process satisfies the City's competitive bid requirements. F. Approve the "Boynton Beach Town Square" record plat, conditioned on the approval being the certification of the plat documents by the City Engineer. G. Approve the issuance of an annual blanket purchase order to Sunbelt Waste Equipment of Pompano Beach, FL for an estimated annual expenditure of $85,000. Sunbelt Waste Equipment is the sole source authorized dealer and repair center for Heil products. H. Approve the issuance of an annual blanket purchase order to South Florida Emergency Vehicles for an estimated annual expenditure of $75,000. South Florida Emergency Vehicles is the sole source authorized dealer and repair center for Fire Engine & Ladder units. I. Award Bid No.: 033-2730-18/IT, "Sod and Sod Installation" to three (3) contractors as primary and secondary suppliers. This is a Southeast Florida Governmental Purchasing Cooperative Bid for approximately forty-five (45) municipalities, with the City of Boynton Beach acting as the Lead Agency. The initial term of the contract is for one-year with the option to renew the contract for three (3) additional one (1) year terms. The estimated expenditure for the City of Boynton Beach for the one-year period is $5,000.00. J. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ended J my 31, 2018. K. Accept the written report to the Commission for purchases over $10,000 for the month of August 2018. L. Legal Expenses - August 2018 - information at the request of the City Commission. No action required. Page 4 of 940 M. Approve the minutes from City Commission meeting held on August 21, 2018. N. 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 September 20, 2018- "Request for Extensions and/or Piggybacks." 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTIOIN NO. R18-136- Authorize the City Manager to sign Task Order No. UT-1C-01 to Carollo Engineers, Inc. in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by Commission on August 7, 2018 for GIS work in connection with Utility Infrastructure Management not to exceed $189,135. B. PROPOSED RESOLUTION NO. R18-137- Approve the Property, Casualty, and Workers' Compensation insurance coverage renewals with Preferred Governmental Insurance Trust (PGI T) for an annual amount of $944,327 and authorize City Manager to sign all required documents for the term of the policy: October 1, 2018- September 30, 2019. C. Approve utilizing the city of Delray's Agreement based on ITB #2017-047 for the procurement of bulk gasoline and diesel fuel with MacMillan Oil Company, LLC of Hialeah, FL for the City's fleet for the period of October 1, 2018 thru June 6, 2020 to coincide with the award period of Delray Beach. The estimated annual expenditure is $1,000,000. The City of Delray's procurement process satisfies the City of Boynton Beach's competitive bid requirements. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 18-024 - FIRST READING -Approve Good Stone Townhomes annexation (ANNEX 18-001)Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) PROPOSED ORDINANCE NO. 18-025 - FIRST READING -Approve Good Stone Townhomes Future Land Use Map Amendment (LUAR 18-002) from Palm Beach County's Commercial High with a maximum density of 5 dwelling units/acre (CH/5) to Special High Density Residential (SHDR). Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) PROPOSED ORDINANCE NO. 18-026 - FIRST READING -Approve Good Stone Townhomes Rezoning (LUAR 18-002) from Palm Beach County's Commercial General (CG) to Infill Planned Unit Development (IPUD). Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) B. Approve Good Stone Townhomes New Site Plan (NWSP 18-001) to allow construction of a multi- family residential project consisting of four (4), three-story townhomes totaling 12,180 square feet and related site improvements, located on the southeast corner of Federal Highway and Chukker Road. This request is in coordination with applications for Annexation, Future Land Use Amendment, and Rezoning. Applicant: Good Stone, LLC. (Applicant requests tabling to October 2, 2018) C. Approve 125 E. Boynton Beach Blvd. Major Site Plan Modification (MSPM 18-004) to construct a one-story, 1,226 square foot addition to an existing 1,780 square foot office building and related site improvements, at 125 E. Boynton Beach Blvd. in the C-3 (Community Commercial) zoning district. Applicant: Limor Drillich. D. PROPOSED ORDINANCE NO. 18-027- FIRST READING -Approve Arden Park Page 5 of 940 abandonment (ABAN 18-002) allowing the abandonment of the unimproved, 10.2-foot wide alley running north / south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue. Applicant: Michael Simon, CRA Executive Director. E. Approve Town Square Phase One Major Site Plan Modification (MSPM 18-006) to construct a 109,085 square foot city hall / library building, an 827 space parking garage, associated right-of- way improvements, and recreational amenities on an 8.91 acre site. Applicant: City of Boynton Beach F. Approve two (2) Town Square Phase One Community Design Plan Appeals (CDPA 18-001 & CDPA 18-002), of Chapter 4, Article 111, Section B.2.a "Building Location" for proposed setbacks, as opposed to strict compliance with the required build-to-line for the city hall/ library building on Ocean Avenue and Seacrest Boulevard. Applicant: City of Boynton Beach G. PROPOSED ORDINANCE NO. 18-023 - SECOND READING -Approve NE 1st Avenue Abandonment (ABAN 18-003) abandoning the improved 45 foot wide right-of-way running east/ west from NE 1St Street, for a distance of approximately 588.02' feet, to Seacrest Boulevard. Applicant: City of Boynton Beach 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Approve the request of Mayor Steven B. Grant to distribute $200 of his Community Support Funds to Healthy Aquatics Marine, a non-profit organization. B. Approve the request of Mayor Steven B. Grant to distribute $200 of his Community Support Funds to S. Florida Sanctuary, Inc., a non-profit organization. C. Approve the request of Commissioner Justin Katz to distribute $2,000 of his Community Support Funds to Florida Youth Rugby Union a non-profit organization. 12. LEGAL A. 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 FROM SEPTEMBER 11, 2018). B. 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 FROM SEPTEMBER 11, 2018). C. PROPOSED ORDINANCE NO. 18-022 - SECOND READING - Approve amending City Code of Ordinances Section 16-22 so that park rangers to have the same authority as the director and any park attendant to eject from the park or beach any person acting in violation of this article. D. 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) E. PROPOSED ORDINANCE NO. 18-020 - SECOND 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 Page 6 of 940 stormwater assessment fee (Chapter 26-403); allowing rates to be set annually by resolution of the Commission. (Tabled to 9/20/18) F. PROPOSED RESOLUTION NO. R18-138- Approving the utility rates for Water, Wastewater, Stormwater, Reuse Water and Chilled Water for the Fiscal Year 2018-19. G. Report by City Attorney on filling City Commission vacancies. 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 D. Commission to discuss Commission Meeting that would normally be scheduled for Tuesday, January 1, 2019 and decide to either re-schedule or cancel the meeting - October 2, 2018 E. Consideration of I nterlocal Agreement between City of Boynton Beach and Town of Hypoluxo for the City to provide water and sewer service to the Town - October 2, 2018 F. Vice Mayor Romelus requested an item be placed on a future agenda to discuss the attached email from Susan Oyer. October 2, 2019 G. Vice Mayor Romelus requested a future agenda item to discuss the participation of local artists in the Town Square project- TBD 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 7 of 940 1.A. OPENING ITEMS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 8 of 940 2.A. OTHER 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Conduct Second Public Budget Hearing for FY 2018/2019 Annual Budget. PROPOSED RESOLUTION NO. R18-128-Adopt the Final millage rate for the General Fund for Fiscal Year 2018-2019. PROPOSED RESOLUTION NO. R18-129-Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2018-2019. EXPLANATION OF REQUEST: This is the second and final Budget Public Hearing for FINAL adoption of the millage rate and operating budget for FY 2018-19. Staff will provide a budget overview(power point). As a result of the Budget Workshops that were held on July 16th and 17th, 2018 the City Commission approved a proposed millage rate of 7.9000 mills and a proposed General Fund budget of$91,124,026. The proposed FY 18/19 General Fund Budget of$91,124,026 is an increase of 9.5% or $7,882,949 over the original adopted FY 17/18 General Fund Budget of$83,241,077. Based on commission decisions since the July budget workshops, the following changes have been incorporated into the proposed tentative budget. 1) Increased General Government Capital Improvement Fund from $1,513,842 to $7,945,310. This was needed to reflect the remaining cost of the High School Renovation and couple minor changes in projects. 2) Increased Local Government Surtax Capital Projects Fund from $9,786,693 to $10,076,693 to account for a couple minor changes in projects. 2) Increased Water and Sewer Utility Capital Improvement Fund from $28,490,000 to $35,590,000. This was needed to reflect adding the cost of the District Energy Plant in the amount of$11 M and moving three projects totaling $3.9M out one year from FY 18/19 to FY19/20, for a net increase of$7.1 M. These changes were discussed at the first public budget hearing on Thursday, September 6, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget provides appropriations to provide City services. Page 9 of 940 FISCAL IMPACT: Budgeted Adoption of the millage rate and budget allows for appropriations to provide City services. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Reso Final Millage FY 18/19 D Resolution Reso Final Budget FY 18/19 Page 10 of 940 I RESOLUTION R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA ADOPTING A FINAL MILLAGE RATE FOR 5 THE CITY'S GENERAL OPERATING FUND FOR THE 6 FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND 7 ENDING SEPTEMBER 30, 2019, PROVIDING THAT FINAL 8 MILLAGE RATE OF 7.9000 MILLS IS 5.53% ABOVE THE 9 ROLLED-BACK RATE OF 7.4863 MILLS; PROVIDING 10 FOR SEVERABILITY, CONFLICTS AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, a final budget has been prepared estimating expenditures and revenues 14 of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, 15 including revenues to be derived from sources other than ad valorem levy, and the 16 administrative staff of the City has made recommendations as to the amount necessary to be 17 appropriated for the ensuing year; and 18 WHEREAS, the City Commission has given notice of and conducted the public 19 hearings required by law and has considered the recommendations of staff and the 20 comments of the public, the suggested budget, and the proposed millage necessary to be 21 levied to carry on the government of the City for the ensuing year; 22 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as 23 outlined in Florida Statutes Section 200.065. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida herby 30 adopts the final millage rate of 7.9000 for the General Fund. The final millage rate is 31 5.53% above the computed rolled-back rate of 7.4863. Page 11 of 940 32 Section 3. If any clause, section, or other part of this Resolution shall be held by 33 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 34 invalid part shall be considered as eliminated and shall in no way affect the validity of the 35 other provisions of this Resolution. 36 Section 4. All resolutions or parts of resolutions in conflict herewith are hereby 37 repealed to the extent of such conflict. 38 Section 5. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this day of , 2018. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice Mayor—Christina L. Romelus 46 47 Commissioner—Mack McCray 48 49 Commissioner—Justin Katz 50 51 Commissioner—Joe Casello 52 53 VOTE 54 ATTEST: 55 56 57 Judith A. Pyle, CMC 58 City Clerk 59 60 61 (Corporate Seal) Page 12 of 940 I RESOLUTION R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A FINAL BUDGET FOR THE 5 FISCAL YEAR BEGINNING OCTOBER 1, 2018, AND 6 ENDING SEPTEMBER 30, 2019; PROVIDING FOR 7 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 8 DATE. 9 10 WHEREAS, a final budget has been prepared by the City Manager estimating 11 expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, 12 with detailed information, including revenues to be derived from sources other than the ad 13 valorem tax levy, and she has made recommendations as to the amount necessary to be 14 appropriated for the ensuing year; and 15 WHEREAS, the City Commission of the City of Boynton Beach has conducted a 16 public hearing in accordance with s. 200.065 Florida Statutes on the City's final budget and 17 the proposed millage rate. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. That the final budget of the City of Boynton Beach, Florida, for the 24 fiscal year beginning October 1, 2018 and ending September 30, 2019, a copy of which is 25 attached hereto, is hereby adopted and the appropriations set out therein are hereby made to 26 maintain and carry on the government of the City of Boynton Beach, Florida. 27 Section 3. There is hereby appropriated the sum of $ 91,124,026 to the 28 General Fund for the payment of operating expenditures, transfers to other funds, and 29 necessary capital outlays for the City Government pursuant to the terms of the above budget. 30 Section 4. That there is hereby appropriated the sum of$ 1,056,236 to the 31 Traffic Safety Special Revenue Fund for the payment of operating expenditures, transfers 32 to other funds, and necessary capital outlays. 33 1 Page 13 of 940 34 Section 5. That there is hereby appropriated the sum of$ 1,301,150 to the 35 Local Option Gas Tax Special Revenue Fund for the payment of operating expenditures, 36 transfers to other funds, and necessary capital outlays. 37 Section 6. That there is hereby appropriated the sum of $ 242,011 to the 38 Community Improvements Special Revenue Fund for the payment of operating 39 expenditures, transfers to other funds, and necessary capital outlays. 40 Section 7. That there is hereby appropriated the sum of$ 284,868 to the 41 Public Arts Special Revenue Fund for the payment of operating expenditures, transfers to 42 other funds, and necessary capital outlays. 43 Section 8. That there is hereby appropriated the sum of $ 575,993 to the 44 Recreation Program Special Revenue Fund for the payment of operating expenditures, 45 transfers to other funds, and necessary capital outlays. 46 Section 9. That there is hereby appropriated the sum of$ 10,200,000 to the 47 Public Service Tax Debt Service Fund for the purpose of payment operating expenditures, 48 transfers to other funds, and the principal and interest due on the public service tax bonds of 49 the City not subject to statutory exemptions and for redeeming such bonds as they mature. 50 Section 10. That there is hereby appropriated the sum of$ 7,945,310 to the 51 General Capital Improvement Capital Projects Fund for the payment of transfers to 52 other funds and capital outlays pursuant to the terms of the above budget. 53 Section 11. That there is hereby appropriated the sum of$ 10,076,693 to the 54 Local Government Surtax Capital Projects Fund for the payment of transfers to other 55 funds and capital outlays pursuant to the terms of the above budget. 56 Section 12. That there is hereby appropriated the sum of $ 246,067 to the 57 Parks & Recreation Facilities Trust Fund for the payment of transfers to other funds and 58 capital outlays pursuant to the terms of the above budget. 59 Section 13. That there is hereby appropriated the sum of$ 48,708,104 to the 60 Water and Sewer Utility Enterprise Fund for operating expenditures, debt service, 61 transfers to other funds, and necessary capital outlay. 62 63 2 Page 14 of 940 64 Section 14. That there is hereby appropriated the sum of$ 35,590,000 to 65 the Water and Sewer Utility Capital Improvement Enterprise Fund for the payment of 66 capital outlays pursuant to the terms of the above budget. 67 Section 15. That there is hereby appropriated the sum of$ 1,757,244 to the 68 Golf Course Enterprise Fund for operating expenditures, transfer to other funds, and 69 necessary capital outlays. 70 Section 16. That there is hereby appropriated the sum of$ 11,077,993 to the 71 Solid Waste Enterprise Fund for the payment of operating expenditures, transfers to other 72 funds and necessary capital outlays. 73 Section 17. That there is hereby appropriated the sum of$ 8,832,734 to the 74 Fleet Maintenance Internal Service Fund for the payment of operating expenditures, 75 transfers to other funds, and necessary capital outlays. 76 Section 18. That there is hereby appropriated the sum of $ 378,078 to the 77 Warehouse Internal Service Fund for the payment of operating expenditures, transfers to 78 other funds, and necessary capital outlays. 79 Section 19. That there is hereby appropriated the sum of$ 5,618,740 to the 80 Self-Insurance Internal Service Fund for the payment of operating expenditures, transfers 81 to other funds, and necessary capital outlays. 82 Section 20. That there is hereby appropriated the sum of $ 350,736 the 83 Cemetery Special Revenue Fund for the payment of operating expenditures, transfers to 84 other funds, and necessary capital outlays. 85 Section 21. All delinquent taxes collected during the ensuing fiscal year as 86 proceeds from levies of operation millages of prior years are hereby specifically 87 appropriated for the use of the General Fund. 88 Section 22. If any clause, section or other part of this Resolution shall be held by 89 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 90 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 91 remaining portions of this Resolution. 92 Section 23. All Resolutions or parts of Resolutions in conflict herewith are hereby 93 repealed to the extent of such conflict. 3 Page 15 of 940 94 Section 24. This Resolution shall become effective immediately upon passage. 95 96 PASSED AND ADOPTED this day of , 2018. 97 98 99 CITY OF BOYNTON BEACH, FLORIDA 100 101 YES NO 102 103 Mayor— Steven B. Grant 104 105 Vice Mayor—Christina L. Romelus 106 107 Commissioner—Mack McCray 108 109 Commissioner—Justin Katz 110 111 Commissioner—Joe Casello 112 113 114 VOTE 115 116 ATTEST: 117 118 119 120 Judith A. Pyle, CMC 121 City Clerk 122 123 124 125 (Corporate Seal) 126 127 4 Page 16 of 940 2.B. OTHER 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-130- Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2018-2019. EXPLANATION OF REQUEST: The Community Redevelopment Agency is a Special District created by the City Commission. Florida Statute requires that the budget of special districts be contained with in the general budget of the local governing authority and clearly stated as a budget of the dependent district. The Community Redevelopment Agency approved their FY 2018-2019 budget at its September 11, 2018 meeting. The attached resolution completes the annual process of accepting and approving the CRA budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving and ratifying the CRA Budget 2018-19 Attachment CRA reso Attachment CRA FY 18-19 Budget Page 17 of 940 1 2 RESOLUTION R18- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA RATIFYING THE 2018-2019 ANNUAL BUDGET 6 FOR THE BOYNTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Boynton Beach Community Redevelopment Agency was created 11 by Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The 12 Redevelopment Agency has been designated a Florida Special District; and 13 WHEREAS,Florida Statutes 189.016 provides that the proposed budget of a dependent 14 special district, with the concurrence of the local governing authority, may be budgeted 15 separately; and 16 WHEREAS, a local governing authority may,in its discretion,review the budget or tax 17 levy of any special district located solely within its boundaries; and 18 WHEREAS, a final budget of the Boynton Beach Community Redevelopment 19 Agency has been reviewed and considered by the City Commission for the ensuing year,with 20 detailed information, and the administrative staff of the City has made recommendations as 21 to the amount necessary to be appropriated for the ensuing year. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida hereby C:Trogram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\441A54E3-3EC7-4BE8-9308-2776DA361E81\Boynton Beach.12491.1.Reso_-_Ratify_CRA Budget (2018-19).Docx Page 18 of 940 I ratifies the adoption of the Boynton Beach Community Redevelopment Agency's 2018-2019 2 Annual Budget. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this day of , 2018. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 10 Mayor— Steven B. Grant 11 12 Vice Mayor— Christina L. Romelus 13 14 Commissioner—Mack McCray 15 16 Commissioner—Justin Katz 17 18 Commissioner—Joe Casello 19 20 21 VOTE 22 23 ATTEST: 24 25 26 27 Judith A. Pyle, CMC 28 City Clerk 29 30 31 32 (Corporate Seal) 33 34 C:Trogram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\441A54E3-3EC7-4BE8-9308-2776DA361E81\Boynton Beach.12491.1.Reso_-_Ratify_CRA Budget (2018-19).Docx Page 19 of 940 RESOLUTION NO: R18-02 RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2018 TO SEPTEMBER 30, 2019, AND PROVIDING AN EFFECTIVE DATE. WITNESSETH: WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (BBCRA), in order to implement its Community Redevelopment Plan and provide for its operating expenses, has prepared a Budget for the Fiscal Year beginning October 1, 2018 and ending September 30, 2019, attached hereto as Exhibit "A"; and WHEREAS, the Board has determined that said Budget is in the public's interest and is necessary to implement the BBCRA's goals and objectives. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Budget attached hereto as Exhibit "A" for financial operations of the Boynton Beach Community Redevelopment Agency for the period from October 1, 2018 through September 30, 2019 is hereby adopted. 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of September, 2018. BOYNTON BEACH COMMUN Y REDEV By: Steven B. Grant, Chair J. Casello S. Grant J. Katz M. McCray C. Romelus 00551570-1 Page 20 of 940 o M N V rcli M M n u fA fA fA fA f9 fA fA fA fA fA fA fA fA fA fA fA fA fA f9 W N N V M u fA fA fA fA f9 fA fA fA fA fA fA fA fA fA fA fA fA fA f9 . . . . . 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U N O U >N N: a C O c 0Ea C O 0 E C O O Y r fA A fA 0 O AA ` » LL w u O o LL 0) N Q 'O ^ C 7 V N Q R m d W w ^ U _ N 0 Rcm w ::0 'Oi R a G. 0. - y 7 V T E L >. y R E 0 m ` w Q. 2 3 R o N O` r a a C = w 'a a i+ s CO y O R N 0.. w 0 IL a V U •N R d W E U z r U y G '` 7 UO 0 y C y' V0 0 q } •0 v H CO v1 u Q w LL z m w 00 w J w o y d c Q c C7 j > •y o v c y y a > K w Q a 0) IL O V O C O) w Q . m 0) M C C r 0 ` y tA w •O w e ED. w 0' w `w zcnR w v O o a •� o y U y ° °� rn rn w v E a+ o a o 0) > 'O �+ a 0) O O C y R > J R R a m R E V E R a a' '7 t j3` .0 > -O E 7 R Q a. a y R R E E O ' 0 c Y ° N z o o ` o a Y v O o m E `o U U o o C o w v Q ,0 0 R -O U V N R 0 O a O S c R .�. .> w w d E >� c: o Q U LU Z y Q D D Y 2 L y rn R O 'E 'E y y E U �_ c 7 m o r LL Va) O m OI O E s° N U R N V E E d d O O s '00 U m a R U y O L C d E E w w R c O O R 3 Y p .2 v o °1 •y H c o o E E o o > c c •c 00 a > O J O O �' 0 0) 7 R R O O 0) o R o N O O F-- a- U Q F a a a U 'v1 w z m a 'x a a U U a a a z m 0 R Boynton Beach CRA General Fund -Budget Summary -FY 2018-2019 FY 2017-2018 ♦ 2018-2019 vs.Prior Year Original Amended Year End 2018-2019 Increase/(Decrease) REVENUES Budget I Budget Estimate Budget Amount Tax Increment Revenue(TIF) $11,461,518 $ 11,461,518 $11,776,328 $ 12,421,686 $ 960,168 8% (a) Marina Rents&Fuel Sales $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ - 0% $ 0% Fund Balance Allocation FY 16-17 $ 2,980,000 $ 2,980,000 $ (2,980,000) -100% (b) Total Revenues $12,461,518 $ 15,441,518 $15,756,328 $ 13,421,686 $ (2,019,832) -13% EXPENSES CRA Board&Advisory Board $ 30,500 $ 30,500 $ 29,850 $ 30,000 $ (500) -2% Administration Executive Department $ 445,240 $ 445,240 $ 495,000 $ 514,533 $ 69,293 16% Finance Department $ 186,060 $ 186,060 $ 160,000 $ 189,408 $ 3,348 2% Planning&Development Department $ 115,290 $ 115,290 $ 114,000 $ 119,760 $ 4,470 4% Marketing&Business Development $ 167,620 $ 167,620 $ 147,308 $ 147,208 $ (20,412) -12% Business Promotion and Events Department $ 86,870 $ 86,870 $ 85,000 $ 68,065 $ (18,805) -22% Taxes, Employee Benefits,Compensated Absences,Workers Comp $ 367,938 $ 367,938 $ 327,614 $ 414,399 $ 46,461 13% Sub-Total $ 1,369,018 $ 1,369,018 $ 1,328,922 $ 1,453,373 $ 221,121 16% Other General Fund Expenses Insurances $ 172,500 $ 172,500 $ 130,000 $ 172,500 $ - 4% Professional Services $ 274,000 $ 274,000 $ 227,000 $ 264,000 $ (10,000) 9% Buildings,Grounds,Maintenance $ 592,770 $ 592,770 $ 550,145 $ 723,545 $ 130,775 17% Marina Operations $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ (0) 0% Information Technology $ 80,550 $ 80,550 $ 70,000 $ 79,500 $ (1,050) 25% Contingency $ 100,000 $ 100,000 $ - $ 100,000 $ - 0% Sub-Total $ 2,219,820 $ 2,219,820 $ 1,977,145 $ 2,339,545 $ 119,725 6% (c) Total General Fund Operating $ 3,619,338 $ 3,619,338 $ 3,335,917 $ 3,822,918 $ 340,496 10% Operating Transfers Out Transfer to Debt Service Fund $ 2,140,955 $ 2,140,955 $ 2,140,955 $ 2,136,465 $ (4,490) 0% Transfer to Project Fund $ 6,701,225 $ 9,681,225 $ 9,681,225 $ 7,462,303 $ 761,078 -8% Sub-Total $ 8,842,180 $ 11,822,180 $11,822,180 $ 9,598,768 $ (582,650) -6% Total General Fund Expenses& Transfers Out $12,461,518 $ 15,441,518 $15,158,097 $ 13,421,686 $ (242,154) -2% NOTE:Administrative Costs As a%of General Fund 11% (a)Property values in CRA up 8.4% (b)Source:Cash analysis done in 2018-used to purchase property located at 115 N Federal Hwy,Boynton Beach,FL (c)Increase due to website redesign,cost allocation of medical clinic,Woman's Club maintenance costs and insurance, NovusAgenda and LaserFische software. 3 Page 23 of 940 General Fund CRA BOARD &ADVISORY BOARD - 01-51010 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 200 CONTRACTUAL EXPENSES $ 7,500 $ 7,500 $ 7,500 $ 7,500 $ - 0% 216 PUBLIC NOTICES $ 6,500 $ 6,500 $ 6,500 $ 6,500 $ - 0% 225 CONFERENCES, MEETINGS $15,000 $15,000 $14,500 $ 14,500 $ (500) -3% 227 DELIVERY SERVICES $ 750 $ 750 $ 600 $ 750 $ - 0% 310 OFFICE SUPPLIES $ 750 $ 750 $ 750 $ 750 $ - 0% Total $30,500 $30,500 $29,850 $ 30,000 $ (500) -2% DETAIL 200 CONTRACTUAL EXPENSES $ 7,500 $ 7,500 $ 7,500 $ 7,500 Board Minutes &City Staff Costs CRA Board $ 7,500 $ 7,500 $ 4,000 $ 4,000 Advisory Board $ - $ - $ 3,500 $ 3,500 216 PUBLIC NOTICES $ 6,500 $ 6,500 $ 6,500 $ 6,500 Board Meetings& Legal Notices CRA Board $ 6,500 $ 6,500 $ 5,000 $ 5,000 Advisory Board $ - $ - $ 1,500 $ 1,500 CONFERENCES, MEETINGS, 225 WORKSHOPS (CRA Board) $15,000 $15,000 $15,000 $ 14,500 Florida Redevelopment Assoc. (FRA) $12,000 $12,000 $12,000 $ 12,000 Training,Workshops, Business $ 500 $ 500 $ 500 $ 500 Development Board FL League of Cities (shared with City) $ 2,500 $ 2,500 $ 2,500 $ 2,000 227 DELIVERY SERVICES $ 400 $ 400 $ 600 $ 750 310 OFFICE SUPPLIES $ 750 $ 750 $ 750 $ 750 CRA Board $ 600 $ 600 $ 600 $ 600 Advisory Board $ 150 $ 150 $ 150 $ 150 Notes: Decrease due to a decrease in conferences and meetings 1 Page 24 of 940 General Fund EXECUTIVE DEPARTMENT- 01-51230 FY 2017-2018 IFY 2018-2019 Original Amended Year End Change Incr/(Decry SUMMARY Budget I Budget Estimate Budget Amount 100 PERSONNEL SERVICES $ 384,900 $384,900 $438,803 $ 449,303 $ 64,403 17% 115 AUTO ALLOWANCE $ 5,220 $ 5,220 $ 5,220 $ 5,220 $ - 0% 225 CONFERENCES,MEETINGS $ 16,500 $ 16,500 $ 16,500 $ 16,900 $ 400 2% 226 MEMBERSHIP DUES $ 11,385 $ 11,385 $ 11,385 $ 11,085 $ (300) -3% 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ 500 $ - 0% 229 CAREER DEVELOPMENT $ 16,500 $ 16,500 $ 12,500 $ 19,500 $ 3,000 18% 310 OFFICE SUPPLIES $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ - 0% 315 POSTAGE $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ - 0% 340 CELLULAR PHONES $ 2,880 $ 2,880 $ 2,880 $ 3,420 $ 540 19% 355 SUBSCRIPTIONS $ 605 $ 605 $ 605 $ 605 $ - 0% 360 BOOKS&PUBLICATIONS $ 250 $ 250 $ 250 $ 500 $ 250 100% 400 EQUIPMENTCOSTS $ 1,000 $ 1,000 $ 1,000 $ 2,000 $ 1,000 100% Total $ 445,240 $ 445,240 $ 495,143 $ 514,533 $ 69,293 16% MGM DETAIL 100 PERSONNEL SERVICES $ 384,900 $ 384,900 $408,400 $ 449,303 Salaries Executive Director $ 135,000 $ 135,000 $ 135,000 $ 145,000 Assistant Director $ 118,500 $ 118,500 $ 118,500 $ 123,240 Marketing/Events/Eco.Devi.Asst. $ 42,500 $ 42,500 $ 42,500 $ 43,563 Administrative Services&Grant Manager $ 50,000 $ 50,000 $ 50,000 $ 51,100 Social Media and Communications Specialist $ - $ - $ 23,500 $ 47,000 Overtime-Non-Exempt $ 2,500 $ 2,500 $ 2,500 $ 3,000 Part-Time Employee(s) $ 36,400 $ 36,400 $ 36,400 $ 36,400 115 AUTO ALLOWANCE $ 5,220 $ 5,220 $ 5,220 $ 5,220 225 CONFERENCES/MEETINGS/WORKSHOPS $ 16,500 $ 16,500 $ 12,400 $ 16,900 Regional-Local Meetings&Seminars $ 3,500 $ 3,500 $ 2,500 $ 3,500 National Conference $ 6,000 $ 6,000 $ 4,000 $ 6,000 State Conference $ 5,000 $ 5,000 $ 3,500 $ 5,000 Mileage $ 2,000 $ 2,000 $ 2,400 $ 2,400 226 MEMBERSHIP DUES $ 11,385 $ 11,385 $ 11,385 $ 11,085 Urban Land Institute(ULI) $ 600 $ 600 $ 600 $ 600 American Planning Association(APA $ 810 $ 810 $ 810 $ 810 Florida Redevelopment Association(FRA; $ 1,500 $ 1,500 $ 1,500 $ 1,500 American Institute of Planners(AICP $ 500 $ 500 $ 500 $ - Business Development Board(BOB) $ 2,250 $ 2,250 $ 2,250 $ 2,250 Int'l.Council of Shopping Centers(ICSC) $ 500 $ 500 $ 500 $ 500 American Institute of Architects(AIA) $ 1,250 $ 1,250 $ 1,250 $ 1,250 Realtors Commercial Alliance $ 350 $ 350 $ 350 $ 350 NAIOP Commercial Real Estate Association $ 625 $ 625 $ 625 $ 625 Multiple Listing Service&Realtors Assoc. $ 1,100 $ 1,100 $ 1,100 $ 1,100 Realtors Association of Palm Beaches $ 1,000 $ 1,000 $ 1,000 $ 1,000 Int'l.Economic Development Council(IEDC) $ 500 $ 500 $ 500 $ 500 Chamber of Commerce $ 400 $ 400 $ 400 $ 400 FL Government Finance Officers Assoc. $ - $ - $ - $ 200 (FGFOA) 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ 500 229 CAREER DEVELOPMENT $ 16,500 $ 16,500 $ 16,500 $ 19,500 American Planning Assoc.Cont.Prof.Ed $ 3,000 $ 3,000 $ 3,000 $ 3,000 Int'l.Economic Development Council(IEDC; $ 3,500 $ 3,500 $ 3,500 $ 3,500 FRA Continuing Education $ 5,500 $ 5,500 $ 5,500 $ 5,500 AIA Continuing Educatior $ 2,500 $ 2,500 $ 2,500 $ 2,500 Florida Festivals&Events $ 2,000 $ 2,000 $ 2,000 $ 2,000 Administrative Staff Career Development $ - $ - $ - $ 3,000 310 OFFICE SUPPLIES $ 3,000 $ 3,000 $ 3,000 $ 3,000 315 POSTAGE $ 2,500 $ 2,500 $ 2,500 $ 2,500 340 CELLULAR PHONES $ 2,880 $ 2,880 $ 2,880 $ 3,420 355 SUBSCRIPTIONS $ 605 $ 605 $ 605 $ 605 Florida Trend $ 250 $ 250 $ 250 $ 250 South Florida Business Journa $ 130 $ 130 $ 130 $ 130 Downtown Idea Exchange $ 225 $ 225 $ 225 $ 225 360 BOOKS&PUBLICATIONS $ 250 $ 250 $ 250 $ 500 400 EQUIPMENTCOSTS $ 1,000 $ 1,000 $ 1,000 $ 2,000 Notes: Increase in personnel services due to added Social Media Specialist position 2 Page 25 of 940 General Fund FINANCE DEPARTMENT- 01-51325 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount 100 PERSONNEL SERVICES $158,000 $158,000 $163,368 $ 163,368 $ 5,368 3% 200 CONTRACTUAL EXPENSES $ 250 $ 250 $ 250 $ 250 $ - 0% 201 BANK FEES $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ - 0% 225 CONFERENCES, MEETINGS $ 10,450 $ 10,450 $ 10,450 $ 8,450 $ (2,000) -19% 226 MEMBERSHIP DUES $ 820 $ 820 $ 820 $ 1,300 $ 480 59% 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ 500 $ - 0% 229 CAREER DEVELOPMENT $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 0% 310 OFFICE SUPPLIES $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ 0% 340 CELLULAR PHONES $ 1,440 $ 1,440 $ 1,440 $ 1,440 $ 0% 355 SUBSCRIPTIONS $ 1,300 $ 1,300 $ 1,200 $ 1,300 $ 0% 360 BOOKS&PUBLICATIONS $ 700 $ 700 $ 700 $ 700 $ 0% 365 OFFICE PRINTING COSTS $ 600 $ 600 $ 600 $ 600 $ 0% 400 EQUIPMENT COSTS $ 1,500 $ 1,500 $ 1,500 $ 1,000 $ (500) -33% Total $186,060 $186,060 $191,328 $ 189,408 $ 3,348 2% DETAIL 100 PERSONNEL SERVICES $158,000 $163,368 $163,368 $ 163,368 Salaries Finance Director $ 93,000 $ 96,255 $ 96,255 $ 96,255 Finance Specialist $ 65,000 $ 67,113 $ 67,113 $ 67,113 CONTRACTUAL EXPENSES-Florida Dept.of 200 Economic Opportunity $ 250 $ 250 $ 250 $ 250 201 BANK FEES $ 3,000 $ 3,000 $ 3,000 $ 3,000 225 CONFERENCES,MEETINGS,WORKSHOPS $ 10,450 $ 10,450 $ 10,450 $ 8,450 Regional-Local Meetings&Seminars $ 750 $ 750 $ 750 $ 750 Mileage $ 700 $ 700 $ 700 $ 700 Financial Systems Conference(INCODE) $ 4,000 $ 4,000 $ 4,000 $ 4,000 Florida Redevelopment Association(FRA) $ 3,000 $ 3,000 $ 3,000 $ 3,000 Budget Meeting $ 2,000 $ 2,000 $ 2,000 $ - 226 MEMBERSHIP DUES $ 820 $ 820 $ 820 $ 1,300 FL Government Finance Officers Assoc. $ 300 $ 300 $ 300 $ 400 (FGFOA) Government Finance Officers Assoc.(GFOA) $ 320 $ 320 $ 320 $ 500 Society for Human Resource Management $ 200 $ 200 $ 200 $ 400 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ 500 229 CAREER DEVELOPMENT $ 5,000 $ 5,000 $ 5,000 $ 5,000 Finance Certification Programs/Continuing Ed.)- GFOA/FGFOA $ 5,000 $ 5,000 $ 5,000 $ 5,000 310 OFFICE SUPPLIES $ 2,500 $ 2,500 $ 2,500 $ 2,500 340 CELLULAR PHONES $ 1,440 $ 1,440 $ 1,260 $ 1,440 355 SUBSCRIPTIONS-Financial Reporting Agencies $ 1,300 $ 1,300 $ 1,200 $ 1,300 360 BOOKS&PUBLICATIONS $ 700 $ 700 $ 700 $ 700 365 OFFICE PRINTING COSTS-Check Stock/1099s $ 300 $ 300 $ 600 $ 600 400 EQUIPMENT COSTS $ 1,500 $ 1,500 $ 1,500 $ 1,000 Notes: 3 Page 26 of 940 General Fund PLANNING &DEVELOPMENT DEPARTMENT- 01-51440 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 100 PERSONNEL SERVICES $ 75,000 $ 75,000 $ 76,650 $ 76,650 $ 1,650 2% 225 CONFERENCES, MEETINGS $ 29,820 $ 29,820 $ 29,820 $ 29,820 $ - 0% 226 MEMBERSHIP DUES $ 350 $ 350 $ 350 $ 1,350 $ 1,000 286% 227 DELIVERY SERVICES $ 300 $ 300 $ 300 $ 300 $ - 0% 229 CAREER DEVELOPMENT $ 4,300 $ 4,300 $ 4,200 $ 6,300 $ 2,000 47% 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ - 0% 340 CELLULAR PHONES $ 720 $ 720 $ 540 $ 540 $ (180) -25% 355 SUBSCRIPTIONS $ 1,500 $ 1,500 $ 1,200 $ 1,500 $ - 0% 360 BOOKS&PUBLICATIONS $ 300 $ 300 $ 300 $ 300 $ 0% 365 OFFICE PRINTING COSTS $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 0% Total $115,290 $115,290 $116,360 $ 119,760 $ 4,470 4% DETAIL 100 PERSONNEL SERVICES $ 75,000 $ 75,000 $ 75,000 $ 76,650 Salaries Development Services Manager $ 75,000 $ 75,000 $ 75,000 $ 76,650 225 CONFERENCES, MEETINGS,WORKSHOPS $ 29,820 $ 29,820 $ 29,820 $ 29,820 Regional-Local Meetings&Seminars $ 2,000 $ 2,000 $ 2,000 $ 2,000 Mileage $ 1,320 $ 1,320 $ 1,320 $ 1,320 Economic Development Conferences $ 1,500 $ 1,500 $ 1,500 $ 1,500 Community Workshops&Meetings $ 25,000 $ 25,000 $ 25,000 $ 25,000 226 MEMBERSHIP DUES $ 350 $ 350 $ 350 $ 1,350 Realtors Commercial Alliance $ 350 $ 350 $ 350 $ 350 Realtors Association of Palm Beaches $ - $ - $ - $ 1,000 227 DELIVERY SERVICES $ 300 $ 300 $ 300 $ 300 229 CAREER DEVELOPMENT $ 4,300 $ 4,300 $ 4,200 $ 6,300 Redevelopment Continuing Education $ 2,500 $ 2,500 $ 2,500 $ 2,500 Florida Redevelopment Association(FRA) $ 1,800 $ 1,800 $ 1,700 $ 1,800 Realestate education course $ - $ - $ - $ 2,000 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 340 CELLULAR PHONES $ 720 $ 720 $ 540 $ 540 355 SUBSCRIPTIONS-LoopNet $ 1,500 $ 1,500 $ 1,200 $ 1,500 360 BOOKS&PUBLICATIONS $ 300 $ 300 $ 300 $ 300 365 OFFICE PRINTING COSTS $ 1,500 $ 1,500 $ 1,500 $ 1,500 Notes: Increase due to career development increase for realestate license for Development Services Manager 4 Page 27 of 940 General Fund MARKETING&BUSINESS DEVELOPMENT FY 2017-2018 FY 2018-2019 01-57400 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 100 PERSONNEL SERVICES $ 61,035 $ 61,035 $ 62,713 $ 62,713 $ 1,678 103% 216 ADVERTISING $ 58,540 $ 58,540 $ 37,500 $ 40,000 $ (18,540) 68% 218 MARKETING/WOMAN'S CLUB COLLATERAL $ 5,000 $ 5,000 $ 5,000 $ 6,000 $ 1,000 120% 225 CONFERENCES,MEETINGS $ 5,900 $ 5,900 $ 5,900 $ 4,400 $ (1,500) 75% 226 MEMBERSHIP DUES $ 5,800 $ 5,800 $ 5,850 $ 5,850 $ 50 101% 227 POSTAGE $ 4,000 $ 4,000 $ 3,000 $ 4,000 $ 100% 229 CAREER DEVELOPMENT $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ 100% 236 PHOTOGRAPHY&VIDEOS $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 100% 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 100% 340 CELLULAR PHONES $ 720 $ 720 $ 720 $ 540 $ (180) 75% 355 SUBSCRIPTIONS $ 1,425 $ 1,425 $ 1,425 $ 1,005 $ (420) 71% 360 BOOKS&PUBLICATIONS $ 200 $ 200 $ 200 $ 200 $ - 100% 365 MARKETING PRINTING COSTS $ 6,000 $ 6,000 $ 6,000 $ 3,500 $ (2,500) 58% Total $167,620 $167,620 $147,308 $ 147,208 $ (20,412) 88% DETAIL 100 PERSONNEL SERVICES $ 61,035 $ 62,713 $ 62,713 $ 62,713 Salaries Marketing&Business Development Specialist $ 61,035 $ 62,713 $ 62,713 $ 62,713 ADVERTISING-COMMUNITY/WOMAN'S 216 CLUB/MARINA $ 58,540 $ 58,540 $ 58,540 $ 40,000 Community Advertising $ 6,000 $ 6,000 $ 6,000 $ 7,000 Women's Club $ 10,000 $ 10,000 $ 10,000 $ 10,000 Marina $ 42,540 $ 42,540 $ 42,540 $ 23,000 218 MARKETING&WOMAN'S CLUB COLLATERAL $ 5,000 $ 5,000 $ 5,000 $ 6,000 225 CONFERENCES,MEETINGS,WORKSHOPS $ 5,900 $ 5,900 $ 5,900 $ 4,400 Regional-Local Meetings&Seminars $ 800 $ 800 $ 800 $ 800 Mileage $ 800 $ 800 $ 800 $ 800 State Marketing-related Conferences $ 1,000 $ 1,000 $ 1,000 $ 1,000 Visit Florida Governor's Conference(with City) $ 1,500 $ 1,500 $ 1,500 $ - Florida Redevelopment Association(FRA) $ 1,800 $ 1,800 $ 1,800 $ 1,800 226 MEMBERSHIP DUES $ 5,800 $ 5,800 $ 5,850 $ 5,850 Visit Florida $ 475 $ 475 $ 475 $ 475 Palm Beach County Convention&Visitors Bureau $ 3,000 $ 3,000 $ 3,000 $ 3,000 (represents 50%of cost to be shared with City) International Downtown Association(IDA) $ 1,725 $ 1,725 $ 1,775 $ 1,775 Gold Coast Public Relations Council $ 100 $ 100 $ 100 $ 100 International Festivals&Events Association $ 500 $ 500 $ 500 $ 500 227 POSTAGE $ 4,000 $ 4,000 $ 4,000 $ 4,000 229 CAREER DEVELOPMENT $ 2,500 $ 2,500 $ 2,500 $ 2,500 Florida Festivals&Events Training $ 2,500 $ 2,500 $ 2,500 $ 2,500 236 PHOTOGRAPHY,VIDEOS,PROMOTIONAL $ 15,000 $ 15,000 $ 15,000 $ 15,000 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 340 CELLULAR PHONES $ 720 $ 720 $ 540 $ 540 355 SUBSCRIPTIONS $ 1,375 $ 1,375 $ 1,314 $ 1,005 Palm Beach Post $ 425 $ 425 $ 527 $ 530 Sun-Sentinel $ 475 $ 475 $ 312 $ 475 Wall Street Journal $ 475 $ 475 $ 475 $ - 360 BOOKS&PUBLICATIONS $ 200 $ 200 $ 200 $ 200 365 MARKETING PRINTING COSTS $ 6,000 $ 6,000 $ 3,000 $ 3,500 Notes: Reduction in Marina Marketing 5 Page 28 of 940 BOYNTON BEACH CRA FY 2018-2019 MARINA MARKETING BUDGET - GENERAL FUND 01-57400-216 Marina collaborative with City of Boynton Beach A Project Seahorse summer camp CRA will be supporting the dive chaters $ 1,800 in the program B Promotional Collateral a custom brochure and promotional rack card for the $ 4,000 Marina includes print and creative C Coastal Angler Six(6) 1/4 page ads in Coastal Angler Magazine $ 2,070 10,000 circulation $345 an ad Florida Sport Fishing Three (3) 1/4 page ad presence in magazine and D Magazine website presence to promote the marina fuel docks $ 3,770 and marina merchants $1256.66 an ad Annual contract includes website presence on E Waterway Guide Waterway Guide.com 1/2 page ad in the annual hard $ 4,760 copy and magazine includes creative Annual contract includes a 1/4 page ad in Marina Life F Marina Life magazine quarterly and placement on the website with $ 3,400 a featured listing social media presence contract Discover the Palm Full page ad in the Discover the Palm Beaches G Beaches visitors book Visitors guide book located in all the Palm Beach $ 3,200 county hotel rooms to promote the Marina Total Marina Marketing $ 23,000 6 Page 29 of 940 General Fund Business Promotion and Events -01-57500 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount I % 100 PERSONNEL SERVICES $ 55,000 $ 55,000 $ 56,375 $ 56,375 $ 1,375 3% 225 CONFERENCES,MEETINGS $ 6,100 $ 6,100 $ 6,100 $ 6,100 $ - 0% 226 MEMBERSHIP DUES $ 500 $ 500 $ 500 $ 500 $ - 0% 229 CAREER DEVELOPMENT $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ - 0% 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ - 0% 340 CELLULAR PHONES $ 720 $ 720 $ 540 $ 540 $ (180) -25% 355 SUBSCRIPTIONS $ 250 $ 250 $ 250 $ 250 $ - 0% 360 BOOKS&PUBLICATIONS $ 300 $ 300 $ 200 $ 300 $ - 0% 400 EQUIPMENT&EVENT SUPPORT $ 20,000 $ 20,000 $ 20,000 $ - $ (20,000) -100% Total $ 86,870 $ 86,870 $ 87,965 $ 68,065 $ (18,805) -22% DETAIL 100 PERSONNEL SERVICES $ 55,000 $ 56,375 $ 56,375 $ 56,375 Salaries Business Promotion and Events Manager $ 55,000 $ 56,375 $ 56,375 $ 56,375 CONFERENCES,MEETINGS, 225 WORKSHOPS $ 6,100 $ 6,100 $ 6,100 $ 6,100 Regional -Local Meetings&Seminars $ 1,500 $ 1,500 $ 1,500 $ 1,500 Mileage $ 1,000 $ 1,000 $ 1,000 $ 1,000 State Event-related Travel $ 1,800 $ 1,800 $ 1,800 $ 1,500 Florida Redevelopment Association (FRA) $ 1,800 $ 1,800 $ 1,800 $ 1,000 226 MEMBERSHIP DUES $ 500 $ 500 $ 500 $ 500 Florida Festival&Events $ 500 $ 500 $ 500 $ 500 229 CAREER DEVELOPMENT $ 2,500 $ 2,500 $ 2,500 $ 2,500 Events Training $ 2,500 $ 2,500 $ 2,500 $ 2,500 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 340 CELLULAR PHONES $ 720 $ 720 $ 540 $ 540 355 SUBSCRIPTIONS $ 250 $ 250 $ 250 $ 250 360 BOOKS&PUBLICATIONS $ 300 $ 300 $ 200 $ 300 400 EQUIPMENT&EVENT SUPPORT $ 20,000 $ 20,000 $ 20,000 $ - Notes: Equipment&Event Support moved to the Project Fund 7 Page 30 of 940 General Fund INSURANCES -01-51410 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 213 PROPERTY&LIABILITY COVERAGE $ 172,500 $172,500 $130,000 $ 172,500 $ 0% Total $ 172,500 $172,500 $130,000 $ 172,500 $ 0% DETAIL 213 PROPERTY&LIABILITY COVERAGE $ 155,500 $172,500 $155,500 $ 172,500 Property,General Liabiity,Crime, Inland Marina, Public Official& $ 120,000 $120,000 $120,000 $ 120,000 Management Liability,Auto,Excess Liability Storage Tank Pollution Policy(2 yrs.) $ 7,500 $ 7,500 $ 7,500 $ 7,500 Citizens Windstorm Policy $ 18,000 $ 18,000 $ 18,000 $ 25,000 Construction Policies $ - $ - $ 5,000 $ 5,000 Policy Contingencies $ 10,000 $ 10,000 $ 5,000 $ 15,000 Notes: Increases due to carrier estimates, inclusion of Church(1010 S Federal Hwy)coverage and windstorm coverage also Builder's Risk for Woman's Club roof 8 Page 31 of 940 General Fund PROFESSIONAL SERVICES -01-51420 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 200 CONTRACTURAL SERVICES $152,000 $152,000 $122,000 $ 142,000 $ (10,000) -7% 201 LEGAL SERVICES $100,000 $100,000 $ 90,000 $ 100,000 $ 0% 204 OTHER PROFESSIONAL FEES $ 22,000 $ 22,000 $ 15,000 $ 22,000 $ 0% Total $274,000 $274,000 $227,000 $ 264,000 $ (10,000) -4% DETAIL 200 CONTRACTUAL SERVICES $152,000 $152,000 $122,000 $ 142,000 Audit Services $ 18,500 $ 18,500 $ 18,500 $ 18,500 Marina Audit&Tax Compliance $ 15,000 $ 15,000 $ 5,000 $ - Bond Indenture Compliance&Bond Continuing $ 10,000 $ 10,000 $ 5,000 $ 5,000 Disclosure Dissemination Services Financial Services including Marina Audit&Tax Compliance $ 35,000 $ 35,000 $ 35,000 $ 50,000 Website Hosting&Related Services $ 15,000 $ 15,000 $ 15,000 $ 15,000 Website Redesign &Maintenance $ 25,000 $ 25,000 $ 15,000 $ 20,000 Personnel Services $ 30,000 $ 30,000 $ 25,000 $ 30,000 Economic Development Financial Assessmenl $ 3,500 $ 3,500 $ 3,500 $ 3,500 201 LEGAL SERVICES $100,000 $100,000 $ 90,000 $ 100,000 204 OTHER PROFESSIONAL FEES $ 22,000 $ 22,000 $ 22,000 $ 22,000 Fire Inspections $ 500 $ 500 $ 500 $ 500 City HR/Payroll/Benefits ILA $ 14,500 $ 14,500 $ 14,500 $ 14,500 Medical Clinic-CRA Cost Allocation $ 7,000 $ 7,000 $ 7,000 $ 7,000 Notes: Combined Marina Audit&Tax Compliance with Financial Services 9 Page 32 of 940 General Fund BUILDINGS & GROUNDS -01-51620 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 200 CONTRACTURAL SERVICES $ 3,045 $ 3,045 $ 3,045 $ 3,045 $ - 0% 201 PROPERTY TAXES&ASSOC. DUES $ 75,000 $ 75,000 $ 60,000 $ 75,000 $ - 0% 205 OFFICE RENTAL $100,725 $100,725 $101,600 $ 104,000 $ 3,275 3% 208 EQUIPMENT LEASES $ 20,000 $ 20,000 $ 19,500 $ 11,500 $ (8,500) -43% 209 PROPERTY MAINTENANCE COSTS $355,000 $355,000 $330,000 $ 490,000 $ 135,000 38% 224 SIGNAGE $ 15,000 $ 15,000 $ 12,000 $ 10,000 $ (5,000) -33% 325 ELECTRIC COSTS $ 12,000 $ 12,000 $ 12,000 $ 15,000 $ 3,000 25% 326 WATER COSTS $ 12,000 $ 12,000 $ 12,000 $ 15,000 $ 3,000 25% Total $592,770 $592,770 $550,145 $ 723,545 $ 130,775 22% DETAIL CONTRACTUAL SERVICES-Alarms/Pest 200 Control $ 3,045 $ 3,045 $ 3,045 $ 3,045 201 PROPERTY TAXES&ASSOCIATION DUES $ 75,000 $ 75,000 $ 60,000 $ 75,000 205 OFFICE RENTAL $100,725 $100,725 $101,600 $ 104,000 710 N. Federal Highway $ 94,000 $ 94,000 $ 94,000 $ 96,000 Storage Facilities $ 6,725 $ 6,725 $ 7,600 $ 8,000 208 EQUIPMENT LEASES $ 20,000 $ 20,000 $ 20,000 $ 11,500 Postage Meter $ 500 $ 500 $ 500 $ 500 Copiers $ 9,500 $ 9,500 $ 9,500 $ 11,000 Vehicle Lease/Maintenance/Fuel $ 10,000 $ 10,000 $ 10,000 $ - 209 PROPERTY MAINTENANCE COSTS $355,000 $355,000 $330,000 $ 490,000 General Repairs $ 25,000 $ 25,000 $ 25,000 $ 25,000 Janitorial Services $ 15,000 $ 15,000 $ 15,000 $ 15,000 Property Maintenance $200,000 $200,000 $200,000 $ 200,000 Woman's Club $ 90,000 $ 90,000 $ 90,000 $ 215,000 Hurricane/Property Contingency $ 25,000 $ 25,000 $ - $ 25,000 Vehicle Maintenance/Fuel $ - $ - $ - $ 10,000 224 SIGNAGE $ 15,000 $ 15,000 $ 12,000 $ 10,000 325 ELECTRICITY COSTS $ 12,000 $ 12,000 $ 12,000 $ 15,000 326 WATER COSTS $ 12,000 $ 12,000 $ 12,000 $ 15,000 Notes: Increase in CRA office rental per lease escalations. Increase in Property Maintenance due to acquisiton of Woman's Club, maintenance estimated based on schedule provided by seller. Increase in storage facility fees. 10 Page 33 of 940 General Fund MARINA -01-51630 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount I % 200 CONTRACTURAL SERVICES $ 500 $ 500 $ 500 $ 500 $ - 0% 209 PROPERTY MAINTENANCE COSTS $ 25,000 $ 25,000 $ 25,000 $ 28,000 $ 3,000 12% 241 MARINA MANAGEMENT CONTRACT $ 181,435 $ 181,435 $ 181,435 $ 187,180 $ 5,745 3% 242 FUEL STATION OVERHEAD $ 29,500 $ 29,500 $ 29,500 $ 29,500 $ - 0% 310 OFFICE SUPPLIES $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ - 0% 325 ELECTRIC COSTS $ 8,100 $ 8,100 $ 8,100 $ 8,100 $ - 0% 326 WATER COSTS $ 15,000 $ 15,000 $ 15,000 $ 12,000 $ (3,000) -20% 327 GASOLINE & DIESEL CHARGES $ 727,465 $ 727,465 $ 727,465 $ 721,720 $ (5,745) -1% 328 DIESEL SALES TAX $ 12,000 $ 12,000 $ 12,000 $ 12,000 $ - 0% Total $1,000,000 $1,000,000 $1,000,000 $ 1,000,000 $ (0) 0% DETAIL CONTRACTUAL SERVICES -Sea 200 Spill Contract $ 500 $ 500 $ 500 $ 500 209 PROPERTY MAINTENANCE COSTS $ 25,000 $ 25,000 $ 25,400 $ 28,000 241 MARINA MANAGEMENT CONTRACT $ 181,435 $ 181,435 $ 181,435 $ 187,180 OPERATIONS -Merchant 242 Fees/Phone& Data Line $ 29,500 $ 29,500 $ 29,500 $ 29,500 310 OFFICE SUPPLIES $ 1,000 $ 1,000 $ 1,000 $ 1,000 325 ELECTRICITY COSTS $ 8,100 $ 8,100 $ 8,100 $ 8,100 326 WATER COSTS $ 15,000 $ 15,000 $ 10,000 $ 12,000 327 GASOLINE & DIESEL CHARGES $ 727,465 $ 727,465 $ 737,065 $ 721,720 328 DIESEL SALES TAX $ 12,000 $ 12,000 $ 12,000 $ 12,000 Notes: Increase in Marina Mangement fee and property maintenance costs. 11 Page 34 of 940 General Fund INFORMATION TECHNOLOGY - 01-51650 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 200 CONTRACTURAL SERVICES $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ - 0% 210 CITY IT SUPPORT $27,000 $27,000 $24,000 $ 27,000 $ - 0% 211 COMPUTER SOFTWARE & LICENSES $ 4,550 $ 4,550 $ 4,000 $ 3,500 $ (1,050) -23% 212 FINANCIAL& MARINA SOFTWARE MTN $29,000 $29,000 $22,000 $ 29,000 $ - 0% 330 TELEPHONE SYSTEM & DATA LINES $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ - 0% 400 EQUIPMENT COSTS $ 9,000 $ 9,000 $ 9,000 $ 9,000 $ - 0% Total $80,550 $80,550 $70,000 $ 79,500 $ (1,050) -1% DETAIL 200 CONTRACTUAL SERVICES $ 3,000 $ 3,000 $ 3,000 $ 3,000 Financial Accounting Software Updates $ 1,000 $ 1,000 $ 1,000 $ 1,000 Maintenance of Phone System $ 2,000 $ 2,000 $ 2,000 $ 2,000 210 IT SUPPORT $27,000 $27,000 $24,000 $ 27,000 211 COMPUTER LICENSES & BACK UP $ 3,500 $ 3,500 $ 3,500 $ 3,500 212 SOFTWARE MAINTENANCE $29,000 $29,000 $29,000 $ 29,000 Incode Financial Software $10,000 $10,000 $10,000 $ 10,000 Marina Point of Sale Software(Scribble) $ 4,000 $ 4,000 $ 4,000 $ 4,000 LaserFische Software $10,000 $10,000 $10,000 $ 10,000 Novus Agenda Software $ 5,000 $ 5,000 $ 5,000 $ 5,000 330 TELEPHONE SYSTEM & DATA LINES $ 8,000 $ 8,000 $ 8,000 $ 8,000 400 EQUIPMENT COSTS $ 9,000 $ 9,000 $ 9,000 $ 9,000 Notes: Increase due to ILA with City for IT support and addition of software for Novus Agenda and LaserFische. 211 COMPUTER SOFTWARE & LICENSES Carbonite $ 800 Adobe Cloud $ 1,700 Social Media &General Administration $ 1,000 $ 3,500 12 Page 35 of 940 General Fund CONTINGENCY - 01-51990 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget I Budget I Estimate Budget Amount % 200 GENERAL FUND CONTINGENCIES $100,000 $100,000 $ - $ 100,000 $ - 0% Notes: Budgeted at approximately 1% of tax increment revenue. 13 Page 36 of 940 General Fund TAXES& EMPLOYEE BENEFITS FY 2017-2018 FY 2018-2019 01-59000 Original Amended Year End Change Incr/(Decr) SUMMARY Budget I Budget Estimate Budget Amount % 151 FICA-SOCIAL SECURITY $ 46,558 $ 46,558 $ 42,104 $ 48,000 $ 1,442 3% 152 FICA-MEDICARE $ 10,889 $ 10,889 $ 9,847 $ 11,277 $ 388 4% 153 RETIREMENT PLANS 457(B)&401(A) $142,907 $142,907 $133,479 $ 173,854 $30,947 22% 154 WORKERS COMP INSURANCE $ 2,500 $ 2,500 $ 2,100 $ 2,500 $ - 0% 155 HEALTH INSURANCE $ 99,000 $ 99,000 $ 99,000 $ 110,000 $11,000 11% 156 DENTAL INSURANCE $ 4,050 $ 4,050 $ 4,050 $ 4,500 $ 450 11% 157 LIFE INSURANCE $ 1,350 $ 1,350 $ 1,350 $ 1,500 $ 150 11% 158 LONG TERM DISABILITY $ 3,144 $ 3,144 $ 3,144 $ 3,448 $ 304 10% 159 REEMPLOYMENT CHARGES $ 5,000 $ 5,000 $ - $ 5,000 $ - 0% 160 VISION INSURANCE $ 540 $ 540 $ 540 $ 600 $ 60 11% 161 COMPENSATED ABSENCES $ 35,000 $ 35,000 $ 15,000 $ 35,000 $ - 0% AVAILABLE FOR SALARY INCREASES $ 17,000 $ 17,000 $ 17,000 $ 18,720 $ 1,720 N/A Total $367,938 $367,938 $327,614 $ 414,399 $46,461 13% Notes: Increase due to potential salary increases,change in medical insurance (waiting to hear from the City)and increase in 457(8)&401 (A; contribution percentage amount CRA Board Approved 8/14/2018. 14 Page 37 of 940 Boynton Beach CRA Project Fund - Budget Summary FY 2017-2018 2018-2019 2018-2019 vs.Prior Year Original Amended Year EndIncrease/(Decrease) FUNDING SOURCES Budget I Budget Estimate Budget Amount 1.Rollover FY 2017-2018(see Budget Overview) $ $ - $ - $ 2,229,291 $ 2,229,291 N/A 2.Transfers in from General Fund $ Other Financing Sources/Transfers In $ 10,006,620 $ 12,986,620 $10,833,765 $ 7,462,303 $ (5,524,317) -43% 3.Other Revenue/Financing Sources: $ - 1.Cash Analysis-CRA Board Approved 4/10/201E $ 2,980,000 2.Revenue from Sale of 711 N Federal Hwy $ 242,500 $ 242,500 N/A 3.Revenue from Sale of Ocean Breeze East $ 794,000 $ 794,000 N/A Sub-Total $ 2,980,000 $ 1,036,500 $ (1,943,500)N/A Total Funding Sources/Revenues&Transfers In $ 10,006,620 $ 12,986,620 $10,833,765 $10,728,094 $ (2,258,526) 1% FY 2017-2018 2018-2019 2018-2019 vs.Prior Year Original Amended Year End Increase/(Decrease) EXPENSES Budget I Budget Estimate Budget Amount % Professional&Other Expenses Contingency $ 100,000 $ 100,000 $ - $ 100,000 $ 0% Professional Services $ 325,000 $ 203,788 $ 158,810 $ 204,979 $ 1,191 1% Rent Expense $ 14,400 $ 14,400 $ 6,000 $ - $ (14,400) -100% Legal Services $ 125,000 $ 125,000 $ 125,000 $ 125,000 $ 0% Sub-Total $ 564,400 $ 443,188 $ 289,810 $ 429,979 $ (13,209) -3% Capital Outlay Property Purchases $ 766,435 $ 3,654,935 $ 3,435,526 $ 475,000 $ (3,179,935) -87% Construction in Progress BWCC&Marina $ 200,000 $ 270,000 $ 270,000 $ 190,000 $ (80,000) -30% Site Work&Demolition Fees $ 73,957 $ 73,957 $ 66,315 $ 66,315 $ (7,642) -10% Infrastructure&Streetscape $ 5,406,670 $ 5,599,382 $ 3,946,650 $ 5,577,732 $ (21,650) 0% Future Development Projects $ - $ - $ - $ 883,712 $ 883,712 N/A Sub-Total $ 6,447,062 $ 9,598,274 $ 7,718,491 $ 7,192,759 $ (2,405,515) -25% Economic Development&Housing Rehab Program Economic Development Grant Programs $ 519,158 $ 569,158 $ 514,802 $ 554,356 $ (14,802) -3% Marketing Program $ 121,000 $ 71,000 $ 71,000 $ 80,000 $ 9,000 13% DIFA-Economic Development $ 1,230,000 $ 1,230,000 $ 1,216,739 $ 1,207,000 $ (23,000) -2% Housing Rehab Program $ 50,000 $ - $ - $ - $ - NA Sub-Total $ 1,920,158 $ 1,870,158 $ 1,802,541 $ 1,841,356 $ (28,802) -2% Projects&Programs Clean&Safe Program(Clean,Police,Code) $ 372,000 $ 372,000 $ 372,000 $ 370,000 $ (2,000) _1% Community Support Projects $ 125,000 $ 125,000 $ 92,923 $ 345,000 $ 220,000 176% Business Promotional Events $ 578,000 $ 578,000 $ 558,000 $ 549,000 $ (29,000) -5% Sub-Total $ 1,075,000 $ 1,075,000 $ 1,022,923 $ 1,264,000 $ 189,000 18% Total Project Fund Expenses $ 10,006,620 $ 12,986,620 $10,833,765 $10,728,094 $ (2,258,526) -17% 1 Page 38 of 940 Project Fund PROFESSIONAL&OTHER EXPENSES-02-58100 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget I Estimate Budget Amount % 202 CONTINGENCY $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ - 0% 203 PROFESSIONAL SERVICES $ 325,000 $ 203,788 $ 158,810 $ 204,979 $ 1,191 1% 207 RENT EXPENSE $ 14,400 $ 14,400 $ 6,000 $ - $ (14,400) -100% 213 LEGAL SERVICES $ 125,000 $ 125,000 $ 125,0001$ 125,000 $ - 0% Total $ 564,400 $ 443,188 $ 389,8101$ 429,9791$ (13,209) -3% MEMEMEMENEM Funding Source DETAIL Rollover FY18-19 202 CONTINGENCY $ 100,000 $ 100,000 $ - $ 100,000 $ 100,000 $ - 203 PROFESSIONAL SERVICES $ 325,000 $ 203,788 $ 158,810 $ 204,979 Surveys&Appraisals $ 100,000 $ 50,000 $ 25,853 $ 100,000 $ 74,147 $ 25,853 Architectural Design Assistance $ 150,000 $ 150,000 $ 129,169 $ 104,979 $ 20,831 $ 84,148 Cottage District(a) $ 75,000 $ 3,788 $ 3,788 $ - $ - $ - 207 RENT EXPENSE-Police Base on MLK $ 14,400 $ 14,400 $ 6,000 I$ $ - $ 213 LEGAL SERVICES $ 125,000 $ 125,000 $ 125,0001$ 125,0001$ - $125,000 $ 194,978 $235,001 Notes: (a)Cottage District moved to Infrastructure&Streetscape 2 Page 39 of 940 Project Fund CAPITAL OUTLAY-02-58200 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 401 PROPERTY PURCHASES $ 766,435 $ 3,654,935 $ 3,435,526 $ 475,000 $ (3,179,935) -87% 404 CONSTRUCTION IN PROGRESS $ 200,000 $ 270,000 $ 270,000 $ 190,000 $ (80,000) -30% 405 SITE WORK&DEMOLITION FEES $ 73,957 $ 73,957 $ 66,315 $ 66,315 $ (7,642) -10% 406 INFRASTRUCTURE&STREETSCAPE $ 5,406,670 $ 5,599,382 $ 3,946,650 $ 6,461,444 $ 862,062 15% Total $ 6,447,062 $ 9,598,274 $ 7,718,491 $ 7,192,759 $ (2,405,515) -25% sin=MIME=IMINEE1110110M Funding Source DETAIL Rollover FY18-19 401 PROPERTY PURCHASES $ 766,435 $ 3,654,935 $ 3,435,526 $ 475,000 $ 415,909 $ 59,091 404 CONSTRUCTION IN PROGRESS $ 200,000 $ 270,000 $ 270,000 $ 190,000 Woman's Club-Capital Improvements &Renovations $ 200,000 $ 270,000 $ 270,000 $ 150,000 $ - $ 150,000 Marina-Open Space Construction& Southern Drive Lane Repair and Resurface $ - $ - $ - $ 40,000 $ - $ 40,000 405 SITE WORK&DEMOLITION $ 73,957 $ 73,957 $ 66,315 $ 66,315 Site Work&Demolition $ 73,957 $ 73,957 $ 66,315 $ 66,315 $ 66,315 $ - 406 INFRASTRUCTURE&STREETSCAPE $ 5,406,670 $ 5,599,382 $ 5,598,632 $ 6,461,444 Town Square Project $ 2,500,000 $ 2,500,000 $ 2,500,000 $ 3,700,000 $ - $3,700,000 MLK Corridor Redevelopment,CRA Property $ 1,200,000 $ 1,200,000 $ 1,200,000 $ 1,600,000 $ 1,200,000 $ 400,000 Ocean Breeze East $ 551,000 $ 567,500 $ 567,500 $ - $ - $ - FDOT/US1 Project $ 125,000 $ 230,000 $ 230,000 $ - $ - $ Cottage District Project $ 70,000 $ 141,212 $ 140,462 $ 140,462 $ 140,462 $ Sara Sims Park $ 600,000 $ 600,000 $ 600,000 $ - $ Future Development Projects $ - $ - $ - $ 883,712 $ 883,712 Model Block(a) $ 360,670 $ 360,670 $ 360,670 $ 137,270 $ 137,270 $ - $ 1,959,956 $5,232,803 Notes: Increases due to Town Square Project Original (a) Model Block Rollover $ 312,270 Reallocated as follows: To Model Block $ 137,270 To Property Acquisition $ 175,000 $ 312,270 $ 312,270 3 Page 40 of 940 Project Fund ECONOMIC DEVELOPMENT 02-58400& HOUSING REHAB PROGRAM 02-58300 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 58400-444 ECONOMIC DEVELOPMENT GRANTS $ 519,158 $ 569,158 $ 514,802 $ 554,356 $ (14,802) -34% 58400-445 MARKETING PROGRAM $ 121,000 $ 71,000 $ 71,000 $ 80,000 $ 9,000 -47% 58400443 TAX INCREMENT REVENUE FUNDING AGREEMENTS(TIRFA) $ 1,230,000 $ 1,230,000 $ 1,216,739 $ 1,207,000 $ (23,000) 5% 58300420 HOUSING REHAB PROGRAM $ 50,000 $ - $ - $ - $ - N/A Total $ 1,920,158 $ 1,870,158 $ 1,802,541 $ 1,841,356 $ (28,802) -17% Funding Source DETAIL Rollover FY18-19 58400-444 ECONOMIC DEVELOPMENT PROGRAMS $ 519,158 $ 569,158 $ 514,802 $ 554,356 $ 54,356 $ 500,000 (Commercial Fagade,Construction,Interior Build-Out,Rent Reimbursement) 58400-445 MARKETING PROGRAM $ 121,000 $ 71,000 $ 71,0001$ 80,0001$ - $ 80,000 TAX INCREMENT REVENUE FUNDING 58400443 AGREEMENTS(TIRFA) $ 1,230,000 $ 1,230,000 $ 1,216,739 $ 1,207,000 Cornerstone-The Preserve(Year 4 of 10) $ 105,000 $ 105,000 $ 100,000 $ 80,000 $ $ 80,000 Seabourne Cove-Phase 1 (Year 6 of 10) $ 390,000 $ 390,000 $ 388,229 $ 405,000 $ $ 405,000 Seabourne Cove-Phase 2(Year 5 of 10) $ 165,000 $ 165,000 $ 163,004 $ 170,000 $ $ 170,000 Casa Costa(Year 9 of 10) $ 550,000 $ 550,000 $ 545,783 $ 530,000 $ $ 530,000 Wal-Mart(Year 7 of 10) $ 20,000 $ 20,000 $ 19,723 $ 22,000 $ $ 22,000 58300-420 HOUSING REHAB PROGRAM $ 50,000 $ - $ $ $ $ 54,356 $ 1,787,000 4 Page 41 of 940 Project Fund PROJECTS&PROGRAMS-02-58500 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 460 NEIGHBORHOOD POLICE PROGRAM $ 372,000 $ 372,000 $ 372,000 $ 370,000 $ (2,000) -1% 470 COMMUNITY SUPPORT PROJECTS $ 125,000 $ 125,000 $ 92,923 $ 345,000 $ 220,000 176% 480 SPECIAL EVENTS $ 578,000 $ 578,000 $ 558,000 $ 549,000 $ (29,000) -5% Total $ 1,075,000 $ 1,075,000 $ 1,022,923 1$ 1,264,000 1 $ 189,000 18% DETAIL Funding Source CLEAN&SAFE PROGRAM $ 422,000 $ 422,000 $ 372,000 $ 370,000 Rollover FY18-19 462 Community Clean Program $ 50,000 $ 50,000 $ - $ - $ $ - 460 Neighborhood Police Program $ 372,000 $ 372,000 $ 372,000 $ 370,000 $ $ 370,000 Neighborhood Sustainability-Code 461 Enforcement $ - $ - $ - $ - $ $ - 470 COMMUNITY SUPPORT PROJECTS $ 125,000 $ 125,000 $ 92,923 $ 345,000 Community Caring Center Acquisition $ - $ - $ $ 250,000 $ $ 250,000 23 Business Incubator Support $ 125,000 $ 125,000 $ 92,9 $ 95,000 $ $ 95,000 480 BUSINESS PROMOTIONAL EVENTS(a) $ 578,000 $ 578,000 $ 578,000 $ 549,000 Haunted Pirate Fest&Mermaid Splash $ 350,350 $ 350,350 $ 350,350 $ 361,500 $ 361,500 Art District Event $ - $ - $ - $ 6,500 $ $ 6,500 Holiday Boat Parade $ 12,000 $ 12,000 $ 12,000 $ 15,000 $ $ 15,000 St.Patrick's Day-Blarney Bash $ 34,461 $ 34,461 $ 34,461 $ 44,500 $ $ 44,500 Rock the Plaza $ - $ - $ - $ 45,000 $ 45,000 Historic Woman's Club of Boynton Beach $ $ $ $ 25,000 $ 25,000 Marina Dive/Tournament Event $ $ $ $ 10,000 $ 10,000 Equipment&Support $ $ $ $ 41,500 $ 20,000 $ 21,500 Holiday Tree Lighting&Concert $ 80,671 $ 80,671 $ 80,671 $ - $ - $ - Holiday Parade(City Run-CRA reimburses City) $ 12,000 $ 12,000 $ 12,000 $ $ $ MLK Celebration of Unity $ 35,501 $ 35,501 $ 35,501 $ $ $ Movies in the Park $ 25,111 $ 25,111 $ 25,111 $ $ $ Music on the Rocks $ 24,906 $ 24,906 $ 24,9061$ $ $ Public Safety Open House $ 3,000 $ 3,000 $ 3,0001$ $ $ - $ 20,000 $ 1,244,000 Notes: (a) Decrease in Business Promotional Events(Formerly Special Events) due to a change in event promotions. 5 Page 42 of 940 Project Fund PROFESSIONAL&OTHER EXPENSES-02-58100 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget I Estimate Budget Amount % 202 CONTINGENCY $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ - 0% 203 PROFESSIONAL SERVICES $ 325,000 $ 203,788 $ 158,810 $ 204,979 $ 1,191 1% 207 RENT EXPENSE $ 14,400 $ 14,400 $ 6,000 $ - $ (14,400) -100% 213 LEGAL SERVICES $ 125,000 $ 125,000 $ 125,0001$ 125,000 $ - 0% Total $ 564,400 $ 443,188 $ 389,8101$ 429,9791$ (13,209) -3% MEMEMEMENEM Funding Source DETAIL Rollover FY18-19 202 CONTINGENCY $ 100,000 $ 100,000 $ - $ 100,000 $ 100,000 $ - 203 PROFESSIONAL SERVICES $ 325,000 $ 203,788 $ 158,810 $ 204,979 Surveys&Appraisals $ 100,000 $ 50,000 $ 25,853 $ 100,000 $ 74,147 $ 25,853 Architectural Design Assistance $ 150,000 $ 150,000 $ 129,169 $ 104,979 $ 20,831 $ 84,148 Cottage District(a) $ 75,000 $ 3,788 $ 3,788 $ - $ - $ - 207 RENT EXPENSE-Police Base on MLK $ 14,400 $ 14,400 $ 6,000 I$ $ - $ 213 LEGAL SERVICES $ 125,000 $ 125,000 $ 125,0001$ 125,0001$ - $125,000 $ 194,978 $235,001 Notes: (a)Cottage District moved to Infrastructure&Streetscape 2 Page 43 of 940 Project Fund CAPITAL OUTLAY-02-58200 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 401 PROPERTY PURCHASES $ 766,435 $ 3,654,935 $ 3,435,526 $ 475,000 $ (3,179,935) -87% 404 CONSTRUCTION IN PROGRESS $ 200,000 $ 270,000 $ 270,000 $ 190,000 $ (80,000) -30% 405 SITE WORK&DEMOLITION FEES $ 73,957 $ 73,957 $ 66,315 $ 66,315 $ (7,642) -10% 406 INFRASTRUCTURE&STREETSCAPE $ 5,406,670 $ 5,599,382 $ 3,946,650 $ 6,461,444 $ 862,062 15% Total $ 6,447,062 $ 9,598,274 $ 7,718,491 $ 7,192,759 $ (2,405,515) -25% sin=MIME=IMINEE1110110M Funding Source DETAIL Rollover FY18-19 401 PROPERTY PURCHASES $ 766,435 $ 3,654,935 $ 3,435,526 $ 475,000 $ 415,909 $ 59,091 404 CONSTRUCTION IN PROGRESS $ 200,000 $ 270,000 $ 270,000 $ 190,000 Woman's Club-Capital Improvements &Renovations $ 200,000 $ 270,000 $ 270,000 $ 150,000 $ - $ 150,000 Marina-Open Space Construction& Southern Drive Lane Repair and Resurface $ - $ - $ - $ 40,000 $ - $ 40,000 405 SITE WORK&DEMOLITION $ 73,957 $ 73,957 $ 66,315 $ 66,315 Site Work&Demolition $ 73,957 $ 73,957 $ 66,315 $ 66,315 $ 66,315 $ - 406 INFRASTRUCTURE&STREETSCAPE $ 5,406,670 $ 5,599,382 $ 5,598,632 $ 6,461,444 Town Square Project $ 2,500,000 $ 2,500,000 $ 2,500,000 $ 3,700,000 $ - $3,700,000 MLK Corridor Redevelopment,CRA Property $ 1,200,000 $ 1,200,000 $ 1,200,000 $ 1,600,000 $ 1,200,000 $ 400,000 Ocean Breeze East $ 551,000 $ 567,500 $ 567,500 $ - $ - $ - FDOT/US1 Project $ 125,000 $ 230,000 $ 230,000 $ - $ - $ Cottage District Project $ 70,000 $ 141,212 $ 140,462 $ 140,462 $ 140,462 $ Sara Sims Park $ 600,000 $ 600,000 $ 600,000 $ - $ Future Development Projects $ - $ - $ - $ 883,712 $ 883,712 Model Block(a) $ 360,670 $ 360,670 $ 360,670 $ 137,270 $ 137,270 $ - $ 1,959,956 $5,232,803 Notes: Increases due to Town Square Project Original (a) Model Block Rollover $ 312,270 Reallocated as follows: To Model Block $ 137,270 To Property Acquisition $ 175,000 $ 312,270 $ 312,270 3 Page 44 of 940 Project Fund ECONOMIC DEVELOPMENT 02-58400& HOUSING REHAB PROGRAM 02-58300 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 58400-444 ECONOMIC DEVELOPMENT GRANTS $ 519,158 $ 569,158 $ 514,802 $ 554,356 $ (14,802) -34% 58400-445 MARKETING PROGRAM $ 121,000 $ 71,000 $ 71,000 $ 80,000 $ 9,000 -47% 58400443 TAX INCREMENT REVENUE FUNDING AGREEMENTS(TIRFA) $ 1,230,000 $ 1,230,000 $ 1,216,739 $ 1,207,000 $ (23,000) 5% 58300420 HOUSING REHAB PROGRAM $ 50,000 $ - $ - $ - $ - N/A Total $ 1,920,158 $ 1,870,158 $ 1,802,541 $ 1,841,356 $ (28,802) -17% Funding Source DETAIL Rollover FY18-19 58400-444 ECONOMIC DEVELOPMENT PROGRAMS $ 519,158 $ 569,158 $ 514,802 $ 554,356 $ 54,356 $ 500,000 (Commercial Fagade,Construction,Interior Build-Out,Rent Reimbursement) 58400-445 MARKETING PROGRAM $ 121,000 $ 71,000 $ 71,0001$ 80,0001$ - $ 80,000 TAX INCREMENT REVENUE FUNDING 58400443 AGREEMENTS(TIRFA) $ 1,230,000 $ 1,230,000 $ 1,216,739 $ 1,207,000 Cornerstone-The Preserve(Year 4 of 10) $ 105,000 $ 105,000 $ 100,000 $ 80,000 $ $ 80,000 Seabourne Cove-Phase 1 (Year 6 of 10) $ 390,000 $ 390,000 $ 388,229 $ 405,000 $ $ 405,000 Seabourne Cove-Phase 2(Year 5 of 10) $ 165,000 $ 165,000 $ 163,004 $ 170,000 $ $ 170,000 Casa Costa(Year 9 of 10) $ 550,000 $ 550,000 $ 545,783 $ 530,000 $ $ 530,000 Wal-Mart(Year 7 of 10) $ 20,000 $ 20,000 $ 19,723 $ 22,000 $ $ 22,000 58300-420 HOUSING REHAB PROGRAM $ 50,000 $ - $ $ $ $ 54,356 $ 1,787,000 4 Page 45 of 940 Project Fund PROJECTS&PROGRAMS-02-58500 FY 2017-2018 FY 2018-2019 Original Amended Year End Change Incr/(Decr) SUMMARY Budget Budget Estimate Budget Amount % 460 NEIGHBORHOOD POLICE PROGRAM $ 372,000 $ 372,000 $ 372,000 $ 370,000 $ (2,000) -1% 470 COMMUNITY SUPPORT PROJECTS $ 125,000 $ 125,000 $ 92,923 $ 345,000 $ 220,000 176% 480 SPECIAL EVENTS $ 578,000 $ 578,000 $ 558,000 $ 549,000 $ (29,000) -5% Total $ 1,075,000 $ 1,075,000 $ 1,022,923 1$ 1,264,000 1 $ 189,000 18% DETAIL Funding Source CLEAN&SAFE PROGRAM $ 422,000 $ 422,000 $ 372,000 $ 370,000 Rollover FY18-19 462 Community Clean Program $ 50,000 $ 50,000 $ - $ - $ $ - 460 Neighborhood Police Program $ 372,000 $ 372,000 $ 372,000 $ 370,000 $ $ 370,000 Neighborhood Sustainability-Code 461 Enforcement $ - $ - $ - $ - $ $ - 470 COMMUNITY SUPPORT PROJECTS $ 125,000 $ 125,000 $ 92,923 $ 345,000 Community Caring Center Acquisition $ - $ - $ $ 250,000 $ $ 250,000 23 Business Incubator Support $ 125,000 $ 125,000 $ 92,9 $ 95,000 $ $ 95,000 480 BUSINESS PROMOTIONAL EVENTS(a) $ 578,000 $ 578,000 $ 578,000 $ 549,000 Haunted Pirate Fest&Mermaid Splash $ 350,350 $ 350,350 $ 350,350 $ 361,500 $ 361,500 Art District Event $ - $ - $ - $ 6,500 $ $ 6,500 Holiday Boat Parade $ 12,000 $ 12,000 $ 12,000 $ 15,000 $ $ 15,000 St.Patrick's Day-Blarney Bash $ 34,461 $ 34,461 $ 34,461 $ 44,500 $ $ 44,500 Rock the Plaza $ - $ - $ - $ 45,000 $ 45,000 Historic Woman's Club of Boynton Beach $ $ $ $ 25,000 $ 25,000 Marina Dive/Tournament Event $ $ $ $ 10,000 $ 10,000 Equipment&Support $ $ $ $ 41,500 $ 20,000 $ 21,500 Holiday Tree Lighting&Concert $ 80,671 $ 80,671 $ 80,671 $ - $ - $ - Holiday Parade(City Run-CRA reimburses City) $ 12,000 $ 12,000 $ 12,000 $ $ $ MLK Celebration of Unity $ 35,501 $ 35,501 $ 35,501 $ $ $ Movies in the Park $ 25,111 $ 25,111 $ 25,111 $ $ $ Music on the Rocks $ 24,906 $ 24,906 $ 24,9061$ $ $ Public Safety Open House $ 3,000 $ 3,000 $ 3,0001$ $ $ - $ 20,000 $ 1,244,000 Notes: (a) Decrease in Business Promotional Events(Formerly Special Events) due to a change in event promotions. 5 Page 46 of 940 BOYNTON BEACH CRA FY 2018-2019 BUSINESS PROMOTIONAL EVENTS BUDGET 2018/2019 EVENTS DATE BUDGET BOYNTON BEACH Saturday&Sunday October 27&28,2018 $310,000 HAUNTED PIRATE FEST Event Marketing; $43,000 &MERMAID SPLASH Event Banners $8,500 E.Ocean Ave. (between Federal Hwy.and NE 3rd St.) Total Pirate Fest $361,500 ART DISTRICT EVENT Date'TBD 410 W. Industrial Ave. Total Art District Event; $5,000 Event Marketing; $1,500 Total Art District $6,500 HOLIDAY BOAT PARADE Friday, December 14,;2018 $11,000 735 Casa Loma Blvd. Event Marketing; $4,000 Total Boat Parade $15,000 BLARNEY BASH Dates:TBD $35,000 E.Ocean Ave. (between Federal Hwy.and NE 3rd St.) Event Marketing; $9,500 Total Boat Parade $44,500 ROCK THE PLAZA Dates:TBD (FALL/WINTER) $18,000 Plazas:Sunshine Square,One Boynton, Ocean Palm Plaza December 2018,January 2019, February 2019 (SPRING/SUMMER) $18,000 Plazas: Boynton Harbor Marina, Ocean Plaza, April 2019,June 2019,July 2019 Casa Costa Event Marketing; $9,000 Total Rock the Plaza+ $45,000 HISTORIC WOMAN'S CLUB Valentine's Heart Ball-February 2019 $10,000 OF BOYNTON BEACH 80's Prom '-May 2019 $10,000 1010 S. Federal Hwy. Event Marketing; $5,000 Total Woman's Club $25,000 Marina Dive/Tournament Event $10,000 EQUIPMENT&SUPPORT $21,500 Rollover from FY 17-18 $20,000 Sub-Total Events $477,000 Sub-Total Events Marketing $72,000 TOTAL COST OF EVENTS► $549,000 FY 17-18 Funded Events: Budget Considerations: Budget based on overtime rate of$51/hr for BBPD Public Safety Open House-$3,000 versus standard detail rate of$42/hr Holiday Tree Lighting&Concert-$70,000 Holiday Parade-$12,000 Taste of Boynton event in June 2019-$10,000 MLK Celebration of Unity-$40,000 Music on the Rocks-$20,000 Kinetic Art Event in February 2019-$20,000 Movies in the Park-$18,000 6 Page 47 of 940 Boynton Beach CRA Debt Service Fund-Budget Summary FY 2017-2018 2018-2019 2018-2019 vs.Prior Year Original AmendedYear End Increase/(Decrease) Dept.# Funding Source Budget Budget Estimate Budget Amount % 49900 Transfers In from General Fund $ 2,140,955 $ 2,140,955 $ 2,140,955 $ 2,136,465 $ (4,490) -0.2% Expenses Series 2012(formerly Series 2004&Series 2005A)-PNC Bank 59800-814 Principal $ 1,300,000 $ 1,300,000 $ 1,300,000 $ 1,331,000 $ 31,000 2.4% 59800-824 Interest $ 328,550 $ 328,550 $ 328,550 $ 295,270 $ (33,280) -10.1% Sub-Total $ 1,628,550 $ 1,628,550 $ 1,628,550 $ 1,626,270 $ (2,280) -0.1% Series 2015(formerly Series 200513)-BB&T 59800-815 Principal $ 370,000 $ 370,000 $ 370,000 $ 380,000 $ 10,000 2.7% 59800-826 Interest $ 141,405 $ 141,405 $ 141,405 $ 129,195 $ (12,210) -8.6% Sub-Total $ 511,405 $ 511,405 $ 511,405 $ 509,195 $ (2,210) -0.4% 59800-830 Financial Agent Fees $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 0.0% Total Debt Service Expenses $ 2,140,955 $ 2,140,955 $ 2,140,955 $ 2,136,465 $ (4,490) -0.2% 1 Page 48 of 940 BOYNTON BEACH CRA Sources & Uses of Funds Funding Available for Projects - FY 2018-2019 Sources of Funds General Fund Revenues Tax Increment Revenue("TIR") $ 12,421,686 Marina $ 1,000,000 Sub-Total Sources of Funds $ 13,421,686 Uses of Funds & Contractual Obligations (All Funds) General Fund-Operating Expenses $ 2,822,918 Marina $ 1,000,000 Debt Service $ 2,136,465 Sub-Total $ 5,959,383 Balance for Project Fund $ 7,462,303 Award Less: Project Fund DIFA Payment Contractual Obligations: Factor • Casa Costa $ 530,000 47.5% (Year 9 of 10) •Wal-Mart $ 22,000 25.0% (Year 7 of 10) • Seabourn Cove-Phase 1 $ 405,000 50.0% (Year 6 of 10) • Seabourn Cove-Phase 2 $ 170,000 50.0% (Year 5 of 10) •The Preserve-Cornerstone $ 80,000 75.0% (Year 4 of 10) • 500 Ocean- Payable once project completed and on tax rolls. Anticipated in 2019&budgeted for payment in FY 19-20 $ - Sub-Total $ 1,207,000 Estimated Available Funding for Project Fund $ 6,255,303 , Expenses 2 Page 49 of 940 BOYNTON BEACH CRA SUMMARY -ASSESSED PROPERTY VALUES & TAX INCREMENT REVENUE Tax CRA Assessed Increment Property Values % Change Revenue % Change FY 1989-1990 $ 39,466,737 $ 183,535 FY 1990-1991(a) $ 74,997,745 90.0% $ 199,603 8.8% FY 1991-1992 $ 77,257,229 3.0% $ 204,449 2.4% FY 1992-1993 $ 73,396,553 -5.0% $ 158,859 -22.3% FY 1993-1994 $ 70,614,592 -3.8% $ 126,535 -20.3% FY 1994-1995 $ 71,929,663 1.9% $ 141,167 11.6% FY 1995-1996 $ 73,498,930 2.2% $ 158,398 12.2% FY 1996-1997 $ 74,712,938 1.7% $ 172,660 9.0% FY 1997-1998 $ 75,719,530 1.3% $ 189,808 9.9% FY 1998-1999 $ 78,410,383 3.6% $ 219,894 15.9% FY 1999-2000 $ 81,928,346 4.5% $ 261,389 18.9% FY 2000-2001(a) $ 317,835,353 287.9% $ 305,840 17.0% FY 2001-2002 $ 372,405,731 17.2% $ 945,685 209.2% FY 2002-2003 $ 407,644,247 9.5% $ 1,330,409 40.7% FY 2003-2004 $ 511,268,089 25.4% $ 2,500,726 88.0% FY 2004-2005 $ 631,521,600 23.5% $ 3,871,616 54.8% FY 2005-2006 $ 827,149,288 31.0% $ 6,076,347 56.9% FY 2006-2007 $ 1,132,404,172 36.9% $ 9,086,624 49.5% FY 2007-2008 $ 1,270,885,424 12.2% $ 9,520,342 4.8% FY 2008-2009 $ 1,131,010,840 -11.0% $ 8,159,941 -14.3% FY 2009-2010(a) $ 950,585,514 -16.0% $ 6,760,870 -17.1% FY 2010-2011 $ 825,305,342 -13.2% $ 5,637,827 -16.6% FY 2011-2012 $ 815,476,900 -1.2% $ 5,752,745 2.0% FY 2012-2013 $ 787,123,743 -3.5% $ 5,614,228 -2.4% FY 2013-2014 $ 892,694,842 13.4% $ 7,022,119 25.1% FY 2014-2015 $ 1,000,248,846 12.0% $ 8,317,867 18.5% FY 2015-2016 $ 1,105,502,452 10.5% $ 9,585,902 15.2% FY 2016-2017 $ 1,187,947,268 7.5% $10,579,150 10.4% FY 2017-2018 $ 1,290,612,142 8.6% $11,461,518 8.3% FY 2018-2019 $ 1,351,302,263 4.7% $12,421,686 8.4% (a) CRA expansion Page 50 of 940 BOYNTON BEACH CRA TAX INCREMENT REVENUE ("TIR") ESTIMATE - FY 2018-2019 As of: June 29,2018 1. ASSESSED VALUATIONS FY 2017-2018 FY 2018-2019 ASSESSED VALUES $ 1,290,612,142 $ 1,351,302,263 (a) Estimate As of:6/29/18 Chg.from Prior Year $ 60,690,121 4.7% 2. TAX INCREMENT REVENUE-ESTIMATED FOR NEW BUDGET YEAR FY 2017-2018 FY 2017-2018 Estimates Assessed Values $ 1,290,612,142 $ 1,351,302,263 Less Base Year Value $ 309,821,849 309,821,849 TIR Taxable Value $ 980,790,293 1,041,480,414 95%of Difference $ 931,750,778 $ 989,406,393 (Per Florida Statutes Chapter 163.387(1)(a) Assumptions Redevelopment Trust Fund) No Millage Change City&County Millage Rates City 7.9000 7.9000 County 4.7815 4.7815 %of Tax Increment Revenue Total TIR City $ 7,360,831 $ 7,816,311 62% County $ 4,455,166 $ 4,730,847 38% Sub-Total $ 11,815,997 $ 12,547,157 3.0%for True-Up $ 354,480 $ 125,472 1.0%for True-Up Net TIR $ 11,461,518 $ 12,421,686 Budgeted Change from Prev.Year Amount $ 960,168 % 8.4% (a) The Property Appraiser will issue revisions to the CRA's taxable values at the end of June 2018, and in early October 2018, with a final certified tax value in mid-2019. The CRA's budgeted tax increment revenue will be based on the first, or May 25, 2018, "Estimates of Taxable Values"with a 1%deduction for the final Property Appraiser certified tax adjustments("true-up") in mid-2019. 2 Page 51 of 940 Boynton Beach CRA Organizational Chart FY 2018-2019 3 7 4 1 i 1 , 3 i l l t I 1 r I r 1 1 � 1 WINE 1 � t } 1 _ 1 DevelopmentSeruices Administrative - Spedatist Funfunded), 1Assistant 3 Page 52 of 940 BOYNTON BEACH CRA POSITION CLASSIFICATIONS & SALARY RANGES FY 2018-2019 POSITION FLSA(b) MINIMUM MID-POINT MAXIMUM 1 Executive Director E $ 110,000 $ 135,000 $ 180,000 2 Assistant Director E $ 100,000 $ 120,000 $ 140,000 3 Finance Director E $ 85,000 $ 105,000 $ 125,000 4 Accounting and Finance Manger E $ 55,000 $ 75,000 $ 90,000 5 Development Services Manager E $ 55,000 $ 75,000 $ 95,000 6 Development Services Specialist E $ 45,000 $ 60,000 $ 75,000 Marketing & Business Development 7 Specialist E $ 45,000 $ 60,000 $ 75,000 8 Business Promotion and Events Manager E $ 45,000 $ 60,000 $ 75,000 Marketing/Events/Business Development 9 Asst. N $ 40,000 $ 50,000 $ 60,000 10 Social Media Communications Specialist E $ 40,000 $ 50,000 $ 60,000 11 Administrative Services & Grant Manager E $ 45,000 $ 60,000 $ 75,000 12 Administrative Assistant N $ 40,000 $ 50,000 $ 60,000 (b)FLSA=Fair Labor Standard Act; E=Exempt; N=Non-exempl 4 Page 53 of 940 Boynton Beach Community Redevelopment Agency FY 2018-2019 Budget - Personnel Personnel Position FY 2017-2018 1 FY 2018-2019 No.1 No. 1 Executive Director 1 1 2 Assistant Director 1 1 3 Finance Director 1 1 4 Finance Specialist 1 0 4 (a)Accounting and Finance Manager 0 1 5 Development Services Manager 1 1 s Development Service Specialist 0 0 7 Marketing & Business Development Specialist 1 1 8 Special Events Coordinator 1 0 8 (b) Business Promotion and Events Manager 0 1 9 Marketing/Events/Business Development Assistant 1 1 to Social Media Communications Specialist 1 1 11 Administrative Services Manager 1 1 12 Administrative Assistant 0 0 Total Personnel 10 10 (a) Title Change for FY 18-19 from Finance Specialist to Accounting and Finance Manager (b) Title Change for FY 18-19 from Special Events Coordinator to Business Promotion and Events Manager 5 Page 54 of 940 BOYNTON BEACH CRA General Fund - Fund Balance Analysis (a) Audited Fund Balance 9/30/2017 $ 4,249,519 Less: 1. Committed Fund Balance - Self-Funded insurance Reserve (a) $ (454,874) 2. Working Capital - Oct-Dec 2018 $ (1,750,000) 3. Compensated Absences $ (100,000) 4. Prepaids (Insurance & Rent Deposits) $ (22,950) 5. Encumbrances $ (213,526) 6. Allocation of Unassigned Fund Balance from FYI 6-17 (d) $ (88,123) Sub-Total $ (2,629,473) Estimated Unassigned Fund Balance as of 9/30/18 $ 1,620,046 (a) Components of Self-Funded Insurance Reserve FY 2012-2013 - Resolution No. 14-01 $ 119,813 FY 2014-2015 - Resolution No. 16-02 $ 167,152 FY 2015-2016 - Resolution No. 17-01 $ 167,909 Total Self-Funded Insurance Reserve $ 454,874 Note: The annual audit of the CRA's financial statements for the fiscal year are completed by mid-January of the following year. At the completion of the annual audit, the Unassigned Fund Balance will be finalized and the CRA Board can allocate funding according to Florida statute as outlined below. § 163.387, Fla. Stat. Ann. (6) On the last day of the fiscal year of the community redevelopment agency, any money which remains in the trust fund after the payment of expenses pursuant to subsection (6) for such year shall be: (a) Returned to each taxing authority which paid the increment in the proportion that the amount of the payment of such taxing authority bears to the total amount paid into the trust fund by all taxing authorities for that year; (b) Used to reduce the amount of any indebtedness to which increment revenues are pledged; (c) Deposited into an escrow account for the purpose of later reducing any indebtedness to which increment revenues are pledged; or (d) Appropriated to a specific redevelopment project pursuant to an approved community redevelopment plan which project will be completed within 3 years from the date of such appropriation. 6 Page 55 of 940 Actual Category := j Notes Quantit Cost er Unit Subtotal Sergeant Salary&Incentive(Diehl) 1 $ 92,763 $ 92,763 Salary,Education Incentive Sergeant Benefits-Pension 1 $ 44,443 $ 44,443 Pension Sergeant Benefits 1 $ 15,625 $ 15,625 Healthcare,Dental,Vision, Fica Officer Salary&Incentive(Paramore) 1 $ 62,781 $ 62,781 Salary,Education Incentive Officer Benefits-Pension 1 $ 30,078 $ 30,078 Pension Officer Benefits 1 $ 13,330 $ 13,330 Healthcare,Dental,Vision, Fica Officer Salary&Incentive(NEW) 1 $ 54,304 $ 54,304 Salary,Education Incentive Officer Benefits-Pension 1 $ 26,017 $ 26,017 Pension Officer Benefits 1 $ 12,680 $ 12,680 Healthcare,Dental,Vision, Fica $ 352,021 Personnel Costs Total Radio and Related Equipment 1 $ 2,000 $ 2,000 Bike Rack 1 $ 250 $ 250 Misc.Equipment-As needed 1 $ 2,500 $ 2,500 $ ; 4,750 Equipment Costs Total Cell Phones Service Plan 3 $ 675 $ 2,025 Office Supplies/Misc Supplies 1 $ 2,000 $ 2,000 Paper,Pens etc.(includes printer/copier) Office Cleaning 1 $ 1,500 $ 1,500 $ 5,525 Office Expenses Total Communication/Program Marketing $ 7,704 ILA Amount for FY 17-18 $ 370,000 NOTE:All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2018-2019 Revised by CRA to include promotional/marketing materials and additional equipment. 7 Page 56 of 940 BOYNTON BEACH CRA SALARY SCHEDULE AND RELATED PERSONNEL EXPENSES FISCAL YEAR 2018-2019 FICA TAXES SALARY 6.2% 1.45% LONGTERM RETIREMENT BENEFIT RETIREMENT NAME HIRE DATE POSITION FY 18-19 SOC.SEC.MEDICARE AUTO HEALTH DENTAL VISION LIFE DISABILITY BENEFITS TOTAL COSTS BENEFITS TOTAL Michael Simon 03/07/07 Executive Director $135,000 $ 8.370 $ 1.958 $ 3000 $ 11.000 $ 450 $ 60 $ 150 $ 632 $ 33750 $ 194369 $ 15292 $ 33.750 $ 194369 Thuy Shutt 07/24/17 Assistant Director $123,240 $ 7.641 $ 1787 $ 2220 $ 11.000 $ 450 $ 60 $ 150 $ 492 $ 30810 $ 177850 $ 14372 $ 30.810 $ 177850 Vicki Hill 12/20/10 Finence Director $ 96,255 $ 5.968 $ 1.396 $ - $ 11.000 $ 450 $ 60 $ 150 $ 491 $ 24064 $ 139033 $ 12.151 $ 24.064 $ 139033 Jobere Jenkins 05/03/17 Accounting and Finence Manager $ 67,113 $ 4.161 $ 973 $ - $ 11.000 $ 450 $ 60 $ 150 $ 366 $ 16778 $ 101051 $ 12026 $ 16778 $ 101051 Theresa Utterb.ck 04/13/09 Development Servces Manager $ 76,650 $ 4 752 $ 1.111 $ - $ 11.000 $ 450 $ 60 $ 150 $ 304 $ 19.163 $ 113 640 $ 11 964 $ 19.163 $ 113 640 Renee Roberts 04/16/18 Social M.,,.and Communications Specialist $ 47,000 $ 2.914 $ 682 $ - $ 11.000 $ 450 $ 60 $ 150 $ 304 $ 11 750 $ 74 309 $ 11 964 $ 11.750 $ 74 309 Tracy S-h-Coffey 04/22/13 M.f.ting&Business Development Speciab_ $ 62,]13 $ 3.888 $ 909 $ - $ 11.000 $ 450 $ 60 $ 150 $ 284 $ 15078 $ 95.133 $ 11 944 $ 15.678 $ 95.133 M.—d.,Coppin 07/05/16 Business Promotion and Events 10...go, $ 56,3]5 $ 3.495 $ 817 $ - $ 11.000 $ 450 $ 60 $ 150 $ 225 $ 14094 $ 86.667 $ 11885 $ 14.094 $ 86.667 A,,,Hussain 03/20/17 M.M.ting/Events/Business Development Assistar $ 43,563 $ 2701 $ 632 $ - $ 11.000 $ 450 $ 60 $ 150 $ 175 $ 10891 $ 69.622 $ 11835 $ 10.891 $ 69.622 Bonnie N ckte,n 11/21/16 Atlministret-Servces 10...ge $ 51,100 $ 3.168 $ 741 $ - $ 11.000 $ 450 $ 60 $ 150 $ 175 $ 12775 $ 79.619 $ 11035 $ 12775 $ 79.619 Overtime-NonExempt Overtime-NonExempt $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Part-Tme Positions Up to$20/Hr.-35 Hrs/Week $ ::. $ $ $ $ $ $ $ $ $ $ $ $ $ Available fir Salary Increase $18,720.27 $ 1,161 $ 271 $ $ $ $ $ $ $ 4,680 $ 24,832 $ $ 4,680 $ 24,832 Rountl up $ 2]9.]3 Total$ 778,009 $ 48,219 $ 11,277 $ 5,220 $110,000 $4,500 $ 600 $1,500 $ 3,448 $ 194,432 $1,156,926 $125,268 $ 194,432 $1,156,926 RETIREMENT SALARY 457(b) 401(.) BENEFITS FY 18-19 7.50% 17.50% TOTAL Executive Director $ 135.000 $ 10.125 $ 23.625 $33750 As..-t Director $ 123.240 $ 9243 $ 21.567 $36810 Finance Dire ctor $ 96255 $ 7219 $ 16.845 $24064 Finence Specialist $ 67.113 $ 5033 $ 11745 $ 16778 Development Services Menage' $ 76050 $ 5749 $ 13.414 $ 19.163 Social Metlia and Communications Specialist $ 47000 $ 3525 $ 8.225 $ 11 750 M.frceting&Business Development Speciab_ $ 62.713 $ 4703 $ 10.975 $ 15078 Special Events C"odnnato' $ 56375 $ 4228 $ 9.866 $ 14094 Mkt/ENs/Bus Devl Assistant $ 43563 $ 3267 $ 7.624 $ 16891 Administrat,.Services Manager $ 51,100 $ 3833 $ 8,943 $ 12,775 Overtime-Non-Exempt $ - $ - $ - $ - Sel.ryorWagelncreases $ 18720 $ 1404 $ 3.276 $ 4080 Total$ 777,729 $ 58,330 $136,103 $194,432 NOTE:City',contribution to General Employees'PensionFund=five yea, range of 31.35%to 33.55%annually(source:City Finance Depar4nenl NOTE:Totalbenefitcost= $ 314,480 8 Page 57 of 940 2.C. OTHER 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 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 58 of 940 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Proclaim the week of September 24- 30, 2018 as Deaf Awareness Week. Beth Wagmeister, Director of Deaf Services for Gulfstream Goodwill Industries, Inc., will accept the proclamation from Mayor Grant. EXPLANATION OF REQUEST: The City of Boynton Beach recognizes the efforts of Deaf Services in providing education, awareness and support for both the Hearing and Deaf community in Boynton Beach. Education and sensitivity training has been provided for City employees and is on-going. Is it known that there is a large population of Deaf, Hard of Hearing, and Late-Deafened, who are residents of Boynton Beach; it is our responsibility to provide effective communication and recognize the need for greater inclusion in our city. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Deaf Services is a member of the City's Inclusion Support Team. The City's ADA Coordinator works closely with the Deaf Services Director, Beth Wagmeister, to provide on-going training for employees, including American Sign Language (ASL) classes, review of city policies and procedures and to provide ASL interpreters for inclusion of our Deaf community in healthy and enriching activities throughout the city. FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 59 of 940 ATTACHMENTS: Type Description D Proclamation Proclamation Page 60 of 940 Proclamation Whereas,ninety-three percent of deaf children are born into Hearing families,only seven percent are born into deaf families. Whereas,American Sign Language is the third most widely used language in the United States. Whereas,Deaf people do not feel that they are disabled in any way,where in fact we must recognize that deaf people can do anything except hear. Whereas, 466 million people worldwide have a disabling hearing loss and 48 million Americans have significant hearing loss of these almost 6 million are profoundly deaf. Whereas,to learn more about the types of educational programs and support services that are available to deaf and hard of hearing children. Whereas, we believe Boynton Beach's Deaf, Deafblind, Hard of Hearing & Late Deafened individuals should have the same access to many benefits and opportunities available to live, work, play and communicate in Boynton Beach, NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the week of September 24,Two Thousand Eighteen as: Deaf Awareness Week and encourage all residents of the community to support this worthy endeavor. 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 20,h day of September,Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Proclaim September 28, 2018 as Childhood Cancer Awareness Day EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not to proclaim September 28, 2018 as Childhood Cancer Awareness Day. 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 62 of 940 Proclamation WHEREAS,the National Cancer Institute (NCI)and the American Cancer Society(ACS)report cancer as the leading cause of death by disease among U.S.children between 0 and age 19,and WHEREAS,childhood cancer spares no one,affecting kids from every race,color,ethnicity and socioeconomic status,and WHEREAS,each year 150 children in Palm Beach County are diagnosed with cancer,and WHEREAS,childhood cancer does not just affect the child,but also impacts parents,grandparents,loved ones,friends,neighbors,and communities,and WHEREAS,a diagnosis of childhood cancer has a devastating financial and emotional impact on the family,and WHEREAS,Pediatric Oncology Support Team(POST)was founded to raise awareness and advocate for childhood cancer fighters,and to provide the child and their families with the emotional and financial help they desperately need,and WHEREAS,September has been designated as Childhood Cancer Awareness Month,and POST is asking all those who live or work in Palm Beach County to"Go Gold"on September 28,2018 to help raise awareness of childhood cancer, NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 28,h of September Two Thousand Eighteen as: CHILDHOOD CANCER AWARENESS DAY 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 20,h day of September Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Announce that Palm Beach County Property Appraisers office will be manning a table at the Senior Center to provide Boynton Beach residents with information on how to file for Homestead Exemption from 1:30pm- 2:30pm on the following dates: Tuesday, October 9, 2018; Tuesday, November 13, 2018; and Tuesday, December 11, 2018 EXPLANATION OF REQUEST: PBC Property Appraisers office has offered this outreach in prior years at the Library. As a result of the move into temporary facilities the library was unable to accommodate them this year but Recreation has been able to provide them space at the Senior Center. This outreach is to provide Boynton Beach residents with information on filing Homestead Exemption and related information. PBC will have a table and staff available to answer questions from 1:30pm- 2:30pm on the following dates: Tuesday, September 11, 2018 Tuesday, October 9, 2018 Tuesday, November 13, 2018; and Tuesday, December 11, 2018 The City will also advertise this outreach on the City's website and social media outlets. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 64 of 940 Is this a grant? No Grant Amount: Page 65 of 940 5.A. ADMINISTRATIVE 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Alt Building Board of Adjustments&Appeals: 1 Reg and 2 Alts Historic Resource Preservation Bd. 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 66 of 940 ATTACHMENTS: Type Description D Amendment Appointments D Other Siegel Application SAB 2018 Page 67 of 940 APPOINTMENTS AND APPLICANTS FOR SEPTEMBER 20, 2018 Arts Commission III Romelus Alt 2 yr term to 12/19 Tabled (3) Applicants None Building Board of Adjustments and Appeals IV Casello Alt 2 yr term to 12/18 Tabled (3) Mayor Grant Alt 2 yr term to 12/19 I Katz Reg 3 yr term to 12/18 Applicants None Historic Resource Preservation Board IV Casello Reg 2 yr term to 12/20 Applicant None Senior Advisory Board Mayor Grant Alt 2 yr term to 12/19 Applicants Lawrence Siegel Page 68 of 940 Shazia Ellis, From: lsie e12 1 <nore ly 123for uil er.io> Sent: Wednesday, September 12, 2018 12:35 PM • City Clerk Subject: Advisory BoardAppointment application Today's date 09/12/2018 Name Lawrence Siegel Gender ale Phone number 561-254-4237 Address 1010 NW 8th St Boynton Beach FL 33426w. United tes a Email Isiegel2OlO@gmail.com Current occupation or, if P Educator/Consultant retired,prior occupationaF Education (PhD abd) Are you a registeredvoter? Yes Do you reside within the Yes Boynton Beach i limitDo you s own/managea business i i limits? o If"yes",name of business: J Are you currently se i / on a Cityboard? No /i Have you served a Cityyes boar the past? If"yes",which board(s) Education&Youth Advisory Board- 1998 when?and Have you ever been convicted crime? No If"yes",when and where? Advisoryoar Senior Advisory Board Personal 'fictis As an educator and training consultant for the past 30 years, I have developed a particular focus on issues related to seniors. In particular, I havespoken all over the country and consulted with numerous care facilities about issues regarding relationships and intimacy among seniors,particularly in the context of dementia. I'm also the co-chair of the Ethics Advisory Committee for an i Page 69 of 940 international professional association so I am very adept at managing difficult and sensitive issues. Professional a ers i s * American Association of Sexuality Educators, Counselors &Therapists * Aging Life Care Association * Academic Advisory Board—McGraw Hill Higher Education * Independent Review and Advisory Board, Love&Health.com * International Expert Advisory Panel, SexualHealth.com Feel free to attach/upload an extra sheet or resume. Certification I,the applicant,hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.138.214.145(United States)at 2018-09-1211:34:42 on Safari 11.1.2 Entry ID:289 Referrer:www boynton-beach org/boards-and-committees Form Host:www 123forbuilder com/farm-583214/Avisory- oard-Appointment-Application 2 Page 70 of 940 6.A. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-131 -Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2018-2019. EXPLANATION OF REQUEST: The State requires that each year, the City Commission authorize the Grant Application and Agreement for State Aid to Public Libraries. Final grant award is based on FY2016- 2017 City of Boynton Beach funds expended for Library Services ($2,553,715). Final grant award, which is estimated to be $60,342, will be announced in February 2019 and is based on State Legislature approval of State Aid Fund allocation to Libraries in the State of Florida. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval will qualify the Library to receive a State Aid Grant which is an incentive program designed to encourage communities to provide adequate local funding to support library service. These grant funds will help purchase future library technology equipment. FISCAL IMPACT: Non-budgeted State Aid Grants are operational grants that bring additional library resources to the community. Grants formulas are based on local funds invested in library service. The more local money spent of Library Services, the higher the grant amounts. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: 60,342 Page 71 of 940 ATTACHMENTS: Type Description Resolution approving Mayor to sign the D Resolution application and agreement for Library State Aid to Public Libraries Grant D Attachment 2018-2019 State Aid Agreement Page 72 of 940 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR TO SIGN THE GRANT APPLICATION AND 6 STATE AID TO LIBRARIES GRANT AGREEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH AND 8 FLORIDA DEPARTMENT OF STATE FOR THE FISCAL 9 YEAR 2018-2019; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS,the State of Florida requires that the City of Boynton Beach authorize the 14 Grant Application and Agreement for Library State Aid each year; and 15 WHEREAS,final grant award is based on FY 2016-2017 City of Boynton Beach funds 16 expended for Library Services and will be announced in February, 2019 and is based on State 17 Legislature approval of State Aid Fund allocation to libraries in the State of Florida; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that 19 it is in the best interests of the residents of the City to authorize the Mayor to sign the Library 20 State Aid Grant Application and Agreement with the Florida Department of State, Division of 21 Library and Information Services for the Fiscal Year 2018-2019. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 28 approve and authorize the Mayor to sign the Library State Aid Grant Application and 29 Agreement with Florida Department of State, Division of Library and Information Services for C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\DDFBFIC5-C1F6-4137-971E-D810D8780349\Boynton Beach.12423.1.Library_State_Aid_Grant 2018-19- Reso.docx Page 73 of 940 30 the Fiscal Year 2018-2019, a copy of which is attached hereto as Exhibit"A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2018. 33 34 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 50 VOTE 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\DDFBFIC5-C1F6-4137-971E-D810D8780349\Boynton Beach.12423.1.Library_State_Aid_Grant 2018-19- Reso.docx Page 74 of 940 STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND City of Boynton Beach for and on behalf of Boynton Beach City Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the City of Boynton Beach for and on behalf of Boynton Beach City Library, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Fiscal Year 2017-18 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, T'lorida Slatittes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose.This grant shall be used exclusively for the "State Aid to Libraries Grant," the public purpose for which these funds were appropriated. a. The Grantee shall perform the following Scope of Work as identified in Section 257.17, 1-,for ida Statutes: Manage or coordinate free library service to the residents of its legal service area, The Grantee shall: I. Have a single administrative head employed full time by the library's governing body; 1 Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; 3. Provide access to materials, information and services for all residents of the area served; and 4. Have at least one library, branch library or member library open 40 hours or more each week. b. The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payment 1, Deliverable/Task 1: s Payment will be a fixed price in the amount of 100% of the grant award. The Grantee will: • Adopt or approve current year library budget; • Have at least one library, branch library or member library open 40 hours or more each week(excluding holidays) during the grantee's fiscal year; and • Adopt or approve the Annual Plan of Service for the grantee's fiscal year. Slate Aid to Libi-4ries(inni Ag=nleni(Form DIJS/SA021 Page I of 15 Clapter IB-2,011(2)(a).Florida.4tinunistralive Codc,EMcli�e 07-201T Page 75 of 940 2. Length of Agreement. This Agreement shall begin the date the agreement is signed by both the Grantee's Governing Body and the Division and continue until all grant funds have been expended, unless terminated in accordance with the provisions of Section 28 of this Agreement. 3. Expenditure of Grant Funds. The Grantee cannot obligate or expend any grant fends before the Agreement has been signed by all parties, No costs incurred after termination of the Agreement shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building Mail Station# 9D 500 South Bronough Street Tallahassee, Florida 32399-0250 Phone: 850.2145.6620 Facsimile: 850.245.6643 Email: rnarian.deencyCii,,dos.myflorida.com For the Grantee: Craig Clark, Project Manager 208 South Seacrest Boulevard Boynton Beach, Florida 33435 Phone: 561.742.6390 Facsimile: 561.742.6381 Email: clarkc@�.bbfl.us 5. Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2017-18 State Aid to Libraries Final Grants" docurnent (Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum perfori-riance as set forth by the terms and conditions of this Agreement. Payment will be a fixed price in the amount of 100% of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments. The Grantee can choose to use electronic ftinds transfer (EFT) to receive grant 1 1 rant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form(incorporated by reference) to the Florida Department of Financial Services, If EFT has already been set up for your ,organization I , you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit mvfIoridacf6.con-.i/D I v I s I on,`AAjForn-is/DFS-A I-26E,pdl". The form also includes tools and information that allow you to check on payments. Slate Aid to Libraries Grant Agreenwnt(FormDUS/SA0211 Page 2 of'15 Chapter 113-2.01](2)(a),FloridaMminivrathv Cock,Effective 07-2017. Page 76 of 940 7. Plorida Substitute Foryn W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to, 1099 reporting, The Department of-Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit f1 vendor.myfloridacfo.c orrv. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division with the executed Agreenxmt. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287,058, 1--lorida Statutes: Should the library fall to provide free library service to the public or to be open for at least 40 hours per week, it will no longer be eligible to receive State Aid to Libraries grant funding, and its funding will be reduced to zero. Payment will be withheld if Deliverables are not satisfactorily completed. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant ftindling for activities and publications supported by grant ftinds. Any announcements, information, press releases, publications, brochures, videos, web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: "This project has been funded under the provisions of the State Aid to Libraries Grant program, which is administered by the Florida Department of State's Division of Library and Information Services." 10, Non-allowable Grant Expenditures. The Grantee agrees to expend all grant funds received wider this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shalt be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (incorporated by reference), which are available online at inyfloi-idacfo.coni�aadir/referenCe—t-,-Liide. Grant funds may not be used 1br the purchase or construction of a library building or library quarters 11. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florid Statutes 12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, ftinds paid in excess of the amount to which the recipient is entitled tinder the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State fields, including, but not limited to, the Relrence Guide jbr State Expenditures. State Aici to libraries Grant A--reenwnl To=DLIS/SA02) Pape 1of 15 Chapcr iB-2.01 1{2)(a).Ilooda Administrative Code,Effective 07-2017. Page 77 of 940 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order- of"Department of State" and mailed directly to the following address: Florida Department of State, Attention:. Marian Deeney, Division of Library and Information Services, 500 South Bronough 'Street, Mail Station 491), Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of$15.00 or five percent(5%) of the face amount of the returned check or draft, whichever is greater. 14. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 21.5.97, Florida Statutes. Sere Attachment A for additional information regarding this requirement. If Grantee is not required by lave to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least 5750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 257.41(3), Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close out of the ,grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records shall be retained for five fiscal years alter the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative: of the State of Florida for inspection at reasonable times for the purpose of malting audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 1 19, Florida Statutes, known as the Florida Public: Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 18. Noncompliance. Any Grantee that is not following Florida Statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Inforrmition Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. state Aird to Libraries&ant A.reen-;nf(Form DUS,`sA02) Mage 4 of I-5 Chapter 1B-2.011(2)(a), Code,Effective 07-2017, Page 78 of 940 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state farads; b) Accounting records must adequately identify the sources and application of finds for all rant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. 11-Grantee,s accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amoaults shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking;account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award nurnber; e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets, and t) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and post-audit(such as invoices, bills and canceled checks). 20, Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee tinder this Agreement as to these funds previously distributed. In the event of state revenue shortfall, the total grant may be reduced accordingly. 21. Lobbying. The Subgrantee will not use any grant funds for lobbying;the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee; is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with tffis Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants,joint venturers or partners of the Division. Stale Aird to Libraries giant Agreement(FormDLIS/SA02) Chapter IB-2.011(2)(a),Florida A dimbiistrcative Code,di,Effective 07-2017. Page 5 of P5 Page 79 of 940 24. Liability. The Division will not assume any liability for the acts, orruissions to act or negligence of Z:' the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants., employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all clairris of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida, tatutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement, d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and con-imodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25. Strict Compliance with Laws. The Grantee shall perform alb acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 18, Noncompliance. 26, No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or iriarital status. The Grantee shall insert a similar provision in all of its subcontracts for services tinder this Agreement. 27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments andJor will terminate this agreement if the Grantee improperly expends and manages grant finds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. State Aid to libraries faint Agreerivni(Form DIJS/SA02) Page 6 o f 15 Chapter I B-2.011(2)(a),Florida,Administrwivo Code,Effective 07-2017. Page 80 of 940 28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen(15) calendar days front the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt, In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification oftermination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty(30) days alter termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29. Preservation of Remedies. No delay or ornission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 30. Non-Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Ag=reement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the. project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20,06, Flue~ielci Stalutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 3l. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project in accordance with Section 287.057, Florida latute.s. a) Procurement of Goods and Services Not Exceeding$35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between$2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document, b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. State Aid to Libraries Gent Axreenicnt(f=orm DDS/SA02) Page 7ofI5 Chapter IL-11.0110(a),Ilclr'idc�tie rrtr�tislrzrhro Code,Of etive 07-2017. Page 81 of 940 Q. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 1 12.31 1 through 112.326, Florida Statutes and affirms that it will not enter into or inaintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee ffdrther agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State ]employee to avoid a potential violation of those statutes. 33. Binding of Successor. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and lnforrrsation Services. )4Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 35. Severability. If any term or provision of the Agreement is found to be illegal and Menforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513,Florida Stcatutes and the Americans with Disabilities Act of 1990, 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 38. Entire Agreement. The entire Agreement of the parties consists of the following docurnents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2017-18 State Aid to Libraries Final Grants (Attachment B) State Aird to Libraries Grant Agreen)nI(FormDIISfSA32} Page 8 of 15 Chapter I13�2.311(2}(a), Code,Effective 37-2317. Page 82 of 940 The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Date of Agreeinent: Grantee: Deparini-nit of State: By� By: Chair of Governn�Body or Chiel'Executive Officer Typed rtarre ar,.d title Steven B. Grant, Mayor Typed iiaim and tile WkI)CSS Clerk or Chief Fhancial Officer Typed mune and tile Date September 20, 2018 State Aid to Llbrafies Grant Agrees-Pnt(ForniDUSISA02) Page 9 o1 15 Chapter IB-2.011(2)(a),Florida Adminivralive Code,Effective 07-2017. Page 83 of 940 ATTACHMENT A FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement, MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a I imited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigatioris, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART [: FEDERALLY FUNDED: This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR 200.90, 200.64 & 200.70 as revised. I. In the event that the recipient expends $750,000 for fiscal years ending after December 31, 2014 or more during the non-Federal entity's fiscal year in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of2CFR 200.501. Exhibit 1 to this agreement indicates Federal resources awarded through the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, as revised, will meet the requirement of this part. 2. In connection with the audit requirements addressed in fart 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508. 3. If the recipient expends less than$750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR 200.501 is not required. In the event that the recipient expends less than $750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200.501, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (d) Exemption when Federal awards expended are less than$750,000. A non-Federal entity that expends less than$750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 Relation to other audit requirements, but records must be available for State Aid to Lbra;ies Grant Agreemeazt(FormDLIS/SAo2) Page I[�af lj Chapter 1B-2.Q91(2)(a).FlnridaAdnnnistralive Code,Effective 07-2017_ Page 84 of 940 review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office vvww eqt�.go i,, PART 11: STATE FUNDED: This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2) (1),Florida Statutes I, In the event that the recipient expends a total amount of state financial assistance equal to or in excess of 5750,000 in any fiscal year of such recipient(for fiscal years ending after June 30, 2016), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes,- applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, EXHIBIT I to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In deterrnii-iing the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does riot include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the audit conTlies with the requirements of Section 215.97(7), Florida Statutes, This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 1 If the recipient expends less than $750,000 in state financial assistance in its Fiscal year (for fiscal years ending after June 30, 2016), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than 5750,000 in state financial assistance in its fiscal year ending after June 30, 2016 and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statilles, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities), The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) htt-o://www.fldf,s.cotW State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www,.Ieg.state.fl.tis/ Stale Aid to Lbraries Crant Agrecnrnl(Form DLIS(SA02) Chapter I B-2.011(2)(a).Floridci 11dininisirolivo Code,FfFective 07-2017. Page I l of 15 Page 85 of 940 PART HE REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General. Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(I) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address:. Federal Audit Clearinghouse Bureau of the Census 1201 Fast 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Copies of financial reporting packages required by PART 11 of ti-iis agreement shall be submitted by or on behalf ofthe recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 11 I West Madison Street Tallahassee, Florida 32399-1450 3. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with(SMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit orgarL nations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done State Aid to Lbnaries Grant Agreenrnt(Fossa DLIS/SA02) Chapter IB-2 011(2)(ra),Florida A dministrnlia a Code.Etiective t)7-2017. Page 12 of l Page 86 of 940 in accordance with.OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package, PART IV: RECORD RD RETE TIO 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the. Department of State, or its designee, CFC), or Auditor General access to such records upon request, The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, CFO, or Auditor General ippon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. State Airt to Lbranes Cruet Apeenvnl(Form DS/SA02) Paw 13 of 13 Chapier I I3.2.0I 1(2)(a),Floridn Administrative Code,Effective 07-20I7. 1 Page 87 of 940 EXHIBIT — I FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS- Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT ONSIST 01�LTC F ME�FOL�LOW�ING' MATCHING RESOURCES TC R FEDERAL PRt�GI�AMS' Not Applicable. SUBJECT TO SECTIO X 215.97, Florida Statwes: Florida Department of State, State Aid to Libraries-, CSFA Number 45,030, Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at https://apps.fldf,;.cQmLf$iia/. Slate Aid to LAbrades Gnint Agreement(Form DLIS''SA02) Chapter JB-2.011(21)(a),Florida Administrative Code,Effective 07-2017. Page 14 ot'15 Page 88 of 940 ATTACHMENT B [Fiscal Year 2017-18 State Aid to Libraries Final Grants to be attached by the Division upon execution of the agreement] g State Aid to Ubrahes Crint Agreenrat(Form DLJSISA02) Chapter IB-2,01 R-2)(a).Floricici r44minivrotive G)dk,Effective 07-2017. Rage 15 of 15 Page 89 of 940 6.B. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-132- Authorize the City Manager to sign all documents associated with the acceptance of the Victims of Crime Act (VOCA) grant for the FY 2018-2019 funding cycle in the amount of$61,759. EXPLANATION OF REQUEST: The Office of the Attorney General, Bureau of Advocacy and Grants Management has awarded a Victims of Crime Act (VOCA) grant for the 2018-2019 funding cycle in the amount of $61,759. Approval of this award will allow our agency to keep the current VOCA funded victim advocate on staff. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Victim advocates are professionals trained to support victims of crime. Advocates offer victims information, emotional support, and help finding resources and filling out paperwork needed for these resources. The advocates also contact organizations, such as criminal justice or social service agencies, to get help or information for victims. Our agency currently has one full time city funded and one VOCA funded victim advocate who are responsible to full fill the needs of the community. Without the additional advocate, staff would become bogged down with the daily operations of the office leaving little time for detailed follow up and proactive work. FISCAL IMPACT: Non-budgeted There is no fiscal impact. We are offering a percentage of the salary of the police Sergeant in the Special Victims Unit for the required 20% cash/in-kind match. Previous year's award amount: FY 17/18 $63,759 FY 16/17 $58,620 FY 15/16 $56,595 ALTERNATIVES: Do not accept grant award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 90 of 940 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: 61759.00 ATTACHMENTS: Type Description D Resolution Resolution accepting VOCA Grant Award D Agreement VOCA AWARD 2018-19 Page 91 of 940 1 RESOLUTION NO. Rl- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND ACCEPTING THE 5 VICTIMS OF CRIME ACT (VOCA) GRANT IN THE 6 AMOUNT OF $61,759.00 FOR THE FISCAL YEAR 7 2018/19; AUTHORIZING THE CITY MANAGER TO 8 SIGN ALL DOCUMENTS NECESSARY TO ACCEPT 9 THE AWARD; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the City of Boynton Beach Police Department applied for and has 14 been awarded a Victims of Crime Act (VOCA) grant from the Office of the Attorney 15 General, Bureau of Advocacy and Grants Management; and 16 WHEREAS,the grant is in the amount of$61,759.00; and 17 WHEREAS, the VOCA grant funds will allow our agency to keep the current 18 VOCA funded victim advocate on staff. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach hereby accepts 26 the Victims of Crime Act(VOCA) Grant from the Office of the Attorney General, Bureau 27 of Advocacy and Grants Management in the amount of $61,759.00 for the fiscal year 28 2018/19 funding cycle 29 Section 3. The City Manager is authorized to sign all documents necessary to 30 accept the Grant award. 31 Section 4. This Resolution shall become effective immediately upon passage. C:Trogram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\2DFAA5D8-1584-46A3-AA65-69929A3660D1\Boynton Beach.12517.1.Accept VOCA Grant (2018)_-_Reso.Docx Page 92 of 940 32 33 PASSED AND ADOPTED this day of , 2018. 34 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 50 VOTE 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 63 C:Trogram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\2DFAA5D8-1584-46A3-AA65-69929A3660D1\Boynton Beach.12517.1.Accept VOCA Grant (2018)_-_Reso.Docx Page 93 of 940 FY 2018/2019 (2018- 2019) AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF LEGAL,AFFAIRS OFFICE OF THE ATTORNEY GENERAL., AND CitE o oynfon Beach GRANT No. VOLA-2018-City of Boynton Keach-40319 THIS AGREEMENT is entered into in the City of Tallahassee, Leon County, Florida by and between the State of Florida, Department of Legal Affairs, Office of the Attorney General (OAG), the pass-through agency for the Victims of Crime Act (VOLA), Catalog of Federal Domestic Assistance (CFDA) Number - 16.575, hereafter referred to as the OAG, an agency of the State of Florida, with headquarters located at PL-01, The Capitol, Tallahassee, Florida 32399-1050, and the Cid of Boynton Beach, hereafter referred to as the Provider. The parties hereto mutually agree as follows: ARTICLE 1. ENGAGEMENT OF THE PROVIDER The OAG hereby agrees to engage the Provider and the Provider hereby agrees to perform services as set forth herein. The Provider understands and agrees all services are to be performed solely by the Provider and may not be subcontracted or assigned without prior written consent of the GAG. The consent of the COAG does not vest any rights in the subcontractor or create any obligation on behalf of the OAG to the subcontractor. All subcontract agreements will contain a disclosure to this effect. The Provider agrees to provide the OAG with written notification of any change in its designated representative for this Agreement. This Agreement shall be performed in accordance with the rules implementing the provisions of the Federal Victims of Crime Act (VOCA), 42 U.S.C.A. 10603, Victim Assistance Program, 28 C.F.R. §§ 94.101 through 94.122, the federal government-wide grant rules as set forth in the Code of Federal Regulations, Title 2, Subtitle A, Ch, 11, Pt. 200, beginning at 2 C.F.R. § 200.0, and the U.S. Department of Justice, (DOJ), Office of Justice Programs, DOJ Grants Financial Guide, (Financial Guide), incorporated herein by reference, and any other regulations or guidelines currently or subsequently rewired by the U.S. Department of Justice and State or Federal laws. ARTICLE 2. SCOPE OF WORK For the Grant Period, the Provider will maintain a victim services program that will be available to provide direct services to victims of crime who are identified by the Provider and/or are Revised 07/20/2016 Page 1 of 18 Page 94 of 940 presented to the Provider, as outlined in the approved Grant Application of the Provider for the Grant Period as approved by the OAG and incorporated herein by reference. ARTICLE_3. TIME OF PERFORMANCE This Agreement shall become effective oil October 1, 2018, or on the date when the Agreement has been signed by all parties, whichever is later, and shall continue through September 30, 2019. No costs incurred by the Provider prior to the effective date of said Agreement will be reimbursed and the Provider is solely responsible for any such expenses. ARTICLE 4. GRANA"FUNDS The Provider agrees not to commingle grant funds with other personal or business accounts. The U.S. Department of Justice, DOJ Grants Financial Guide does not require physical segregation of cash deposits or the establishment of any eligibility requirements for funds which are provided to a Provider. However, the Provider's accounting systems must ensure OAG grant funds are not commingled with funds on either a program-by-program or a project-by-project basis. Grant funds specifically budgeted and/or received for one project may not be used to support another. Where the Provider's existing accounting systern cannot comply with this requirement, the Provider shall establish an additional accounting system to provide adequate grant fund accountability for each project. In accordance with the provisions of Section 287.0582, Florida Statutes (2017), if the terms of this Agreement and reimbursement contemplated by this Agreement extend beyond the current fiscal year, the OAG's performance and obligation to reimburse under this Agreement are contingent upon an annual appropriation and spending authority by the Florida Legislature. In addition, the OAG's performance and obligation to reimburse under this Agreement is contingent upon the OAG's Victims of Crime Act award, as funded through the U.S. Department of Justice, Office for Victims of Crime formula grant program. ARTICLE 5. FINANCIAL.,CONSEQUENCES In accordance with Section 215.971, Florida Statutes (2017), provisions specifying the financial consequences that apply if the Provider fails to perform the rninirnum level of service required by this Agreement are set forth in this paragraph. The Provider will be held responsible for maintaining a victim services prograrn that will be available to provide direct services to victims of crime who are identified by the Provider and/or are presented to the Provider, and meeting the deliverables and the performance standards as Outlined in the current year VOCA Grant Application and approved by the OAG, included within the OAG E-Grants Management System, and incorporated herein by reference in the approved application, unless otherwise modified as approved by the OAG in writing. If the Provider does not maintain a victim services program that will be available to provide direct services to victims of crime as outlined in the approved application without an approved justification, the OAG will impose a corrective action plan, reduction of the final payment for the grant period under this Agreement by 5% Revised 07/20/2018 Page 2 of 18 Page 95 of 940 of the total award amount listed in Article 33, and/or terminate this Agreement. ARTICLE 6. REGISTRA-PION REQUIREMENTS Prior to execution of this Agreement, the Provider shall be registered electronically with the State of Florida at MyFloridaMarketPlace.com. If the parties agree that exigent circumstances exist that would prevent such registration from taking place prior to execution of this Agreement, then the Provider shall so register within twenty-one (21) days from execution. The online registration can be completed at: <http//drrrs,myfiorida.com/dms/purchasing/myfloridamarketplace> The Provider agrees to comply with the applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government-wide systern officially designated by the Federal Office of Management and Budget and the DOD's Office of Justice Programs), and to acquire and provide a Data universal Numbering System (DUNS) number. The Provider- also agrees to applicable restrictions on subcontractors that do not acquire and provide a DUNS number. The details of Provider obligations are posted on the Office of Justice Programs' website at <https://oip.gov/funding/Explore/SAM.Irtrn> (Award condition: Registration with the System for Award Management and universal Identifier Requirements), and are incorporated by reference. This special condition does not apply to the Provider who is an individual and received the grant award as a natural person (i.e., unrelated to any business or non-profit organization that lie or she may own or operate in his or her narne). ARTICLE; 7. W-9 REQUIREMENT The State of Florida Department of Financial Services requires that vendors have a verified Substitute Form W-9 on file to avoid delays in payments. Information oil how to register and complete your Substitute Form W-9 can be found at <http;//flvendor.myfloridacfo.com/>. The Vendor Management Section can also be reached at(850)413-551.9. ARTICLE 8. AUTHORIZED EXPENDITURES Only expenditures which are detailed in the approved budget of the grant application, a revised budget, or an amended budget approved by the OAG are eligible for reimbursement with grant funds. Any requested modification to the budget must be submitted by the Provider in writing to the OAG and will require prior approval by the OAG. Budget modification approval is at the sole discretion of the OAG. The Provider acknowledges and agrees any grant funds reimbursed under this Agreement must be used in accordance with the rules implementing the provisions of Victims of Crime Act (VOLA), 42 U.S.C.A. § 10603, Victim Assistance Prograrn, 28 C.F.R. §§ 94.101 through. 94.1.22, the federal government-wide grant rules as set forth in the Code of Federal Regulations, Part 200, Subtitle A, Ch. 11, Pt. 200, beginning at 2 L.F.R. § 200.0, and the U.S. Department of Justice, (DOJ), Office of Justice Programs, DOJ Grants Financial Guide, (Financial Grride), incorporated herein by reference, and any other regulations or guidelines currently or subsequently required by the U.S. Department of Justice and Revised 0712012018 Page 3 of 18 Page 96 of 940 State or Federal laws. Expenditures for the acquisition and maintenance of telephones and equipment shall be proportional to the percentage of VOLA grant funded staff who utilize the telephones and equipment, as contemplated by this Agreement, The Provider and the OAG agree grant funds, cannot be used as a revenue generating source and crime victims cannot be charged either directly or indirectly for- services reimbursed with grant funds. Third party payers such as insurance companies, Victim Compensation, Medicare or Medicaid may not be billed for services provided by grant funded personnel to clients. Grant funds must be used to provide services to all crime victims, regardless of their financial resources or availability of insurance or third party reimbursements. The OAG and the Provider further agree that travel expenses will be reimbursed with grant funds only in accordance with Section 112.061, Florida Statutes (2017). Expenditures of state financial assistance must be in compliance with all laws, rules and regulations applicable to expenditures of State funds, including, but not limited to the Florida Reference Guide for State Expenditures. Only allowable costs resulting from obligations incurred during the term of the Agreement are eligible for reimbursement, and any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the OAG.. Any funds paid in excess of the amount to which the Provider is entitled under the terms of this Agreement must be refunded to the OAG. The Provider shall reirrrburse the OAG for all unauthorized expenditures and the Provider shall not use grant funds for any expenditures made by the Provider- prior to the execution of this Agreement. or after the termination date of the Agreement. if the Provider is a unit of local or state government, the Provider must follow the written purchasing procedures of that governmental agency or unit. If the Provider is a non-profit organization, the Provider agrees to obtain a minimum of three (3) written quotes for all single item grant-related purchases equal to or in excess of two thousand five hundred dollars ($2,500) unless it is documented that the vendor is a sole source supplier. The Provider will utilize the lowest quote for the purchase. The Provider understands and agrees that it cannot use any federal funds (including grant funds), either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of the U.S. Department of Justice, Office of Justice Programs. The Provider must report suspected fraud, waste and abuse to the OAG's Office of the Inspector General at 850-414-3300. ARTICLE 9. PROGRAM INCOME The Provider shall provide services to crime victims, at no charge, through the VOLA grant Revised 47/20/2018 Page 4 of 18 Page 97 of 940 funded project. Upon request, the Provider agrees to provide the OAG with financial records and internal documentation regarding the collection and disposition of program income, including, but not limited to, Victim Compensation, insurance, Medicare. Medicaid, restitution and direct client fees. ARTICLE 10. METHOD OF PAYMENT Payment for services performed under the Agreement shall be issued in accordance with the provisions of Section 215.422, Florida Statutes (2017). The OAG shall have twenty (20) days from the receipt of any invoice for the approval and inspection of goods or services. All required performance reports must be completed by the Provider and received by the OAG in order to document the provision of the project deliverables. Processing of reimbursement of a monthly invoice is contingent upon timely OACY receipt of performance reports, approval by the OAG of the level of service provided during the report period, and approval by the OAG of all performance reports due. The Provider shall provide all performance reports on a quarterly and annual basis unless otherwise requested by the OAG. 'File quarterly reports for December, March, and June Must be submitted by the Provider to the OAG by the 15th day of the month immediately following the end of the quarter. Except for the monthly invoices for December, March and June, each monthly invoice and all required supporting documentation, including a Certificate of Availability, must be Submitted by the Provider to the OAG by the last day of the month immediately following the month for which reimbursement is requested, unless other-wise approved by the OAG in writing. The monthly invoices for December, March and June and all required Supporting docurnentation, including a Certificate of Availability, must be submitted by the Provider to the OAG by the l5th day of the month immediately following the month for which reimbursement is requested, unless otherwise approved by the OAG in writing. The Provider shall maintain appropriate documentation of all costs represented on the invoice. The OAG may require any and all appropriate documentation of expenditures prior to approval of the invoice and may withhold reimbursement if services are not satisfactorily completed or if the documentation is not satisfactory. The final invoice and final performance reports are due to the OAG no later than the last day of the month immediately following the cancellation, expiration, or termination of the Agreement. If complete and correct, documented invoices are not received within these time frames, all right to reimbursement may be forfeited, the OAG may not honor any subsequent requests for payment, and the OAG may ten-ninate the Agreement. Any reimbursement due or any approval necessary under the terms of the Agreement shall be withheld until all evaluation, financial and program reports due from the Provider, and necessary adjustments thereto, have been approved by the OAG. The Provider is required to inforill the OAG if they are being investigated by any governmental agency for financial, programmatic, or other issues. if it comes to the attention of the CIAG that the Provider is being investigated. all pending requests for reimbursement may not be processed until the matter is resolved to the satisfaction of the OAG. Revised 07/20/2018 Page 5 of 18 Page 98 of 940 The Provider agrees to maintain and timely submit such progress, fiscal, inventory, and other reports as the OAG may require pertaining to this grant, The Provider is required to match the grant award as required in the rules implementing the Federal Victims of Crime Act, Match contributions equal to 20% (cash or in-kind) of the total cost of each VOCA project (VOCA grant funds plus match contributions) must be reported monthly to the OAG. All funds designated as match contributions are restricted in the same manner and to be expended for the same uses as the VOCA victim assistance grant funds and must be expended within the grant period. Unless otherwise approved by the OAG, match contributions must be reported on a monthly basis in an amount consistent with the amount of funding requested for reimbursement. ARTICLE I I- VENDOR OMBUDSMAN Pursuant to Section 215.422(7), Florida Statutes (2017), the Florida Department of Financial Set-vices has established a Vendor Ombudsman, whose duties and responsibilities are to act as an advocate for vendors who may have problems obtaining timely payments from state agencies. The Vendor Ombudsman may be reached at (850)413-5516. ARTICLE 12. LIABILITY AND ACCOUNTABRATY The Provider, if a non-profit entity, agrees to provide continuous and adequate director, officer, and employee liability Insurance coverage against any personal liability or accountability by reason of actions taken while acting within the scope of their authority during the existence of this Agreement and any renewal(s) and extension(s) thereof. Such coverage may be provided by a self-insurance program established and operating Linder the laws of the State of Florida. ARTICLE 13. IND EPEN DENTCON TRACTOR The Provider agrees that it is an independent contractor and not an officer, employee, agent, servant, Joint venture, or partner of the State of Florida, except where the Provider is a state Agency. Neither the Provider nor its agents, employees, subcontractors or assignees shall represent to others that the Provider has the authority to bind the OAG. This Agreement does not create any right to any state retirement, leave or other benefits applicable to State of Florida personnel as a result of the Provider performing its duties or obligations under this Agreement. The Provider agrees to, take such actions as may be necessary to ensure that each subcontractor of the Provider will be deemed an independent contractor and will not be considered or permitted to be an officer, employee, agent, servant, joint venturer, or partner of the State of Florida. The OAG will not furnish support services (e.g., office space, office Supplies, telephone service, and administrative support) to the Provider, or its subcontractor or assignee, unless specifically agreed to in writing by the OAG. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Provider, the Provider's officers, Revised 07/20/2018 Page 6 of 18 Page 99 of 940 employees, agents, subcontractors, or assignees shall be the sale responsibility of the Provider. ARTICLE 14. DOCUMENTATION AND RECORD RETENTION The Provider shall maintain books, records, and docurnents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of grant funds.. The Provider shall maintain a file for inspection by the OAG or its designee, Chief Financial Officer, Auditor General, or U.S. Department of Justice that contains written invoices for all fees, or other compensation for services and expenses, in detail suffrcient for a proper pre-audit and post-audit. This includes the nature of the services performed or expenses incurred, the identity of the person(s) who performed the services or incurred the expenses, the daily time and attendance records and the amount of time expended in performing the services (including the day on which the services were performed), and if expenses were incurred, a detailed itemization of such expenses. All docurnentation, including audit working papers, shall be maintained at the office of the Provider for a period of five (5) years from the termination date of the Agreement, or until any audit has been completed and any findings have been resolved, whichever is later. The Provider- shall give authorized representatives of the OAG the right to access, receive and examine all records, books, papers, case tiles, docurnents, goods and services related to the grant funds. If the Provider fails to provide access to such materials, the OAG may terminate this Agreement. Sections 119.071, and 960.15, Florida Statutes (2017), provide that certain records received by the OAG are exempt from public record requests, and any otherwise confidential record or report shall retain that status and will not be subject to public disclosure. The Provider, by signing this Agreement specifically authorizes the OAG to receive and review any record reasonably related to the purpose of the grant as authorized in the original approved grant application and or the amendments thereto. Failure to provide documentation as requested by the OAG under the provisions of this Agreement shall result in either the termination of the agreement or suspension of further reimbursements to the Provider until all requested documentation has been received, reviewed, and the costs are approved for reimbursement by the OAG. The Provider shall allow public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, except for those records exempt from disclosure under one of the statutory provisions mentioned in the paragraph above, or are otherwise exempt from disclosure by operation of Section 119.071, Florida Statutes (2017) or Chapter 119, Florida Statutes. Failure by the Provider to allow the aforementioned public access constitutes grounds for unilateral cancellation by the OAC; at any time, with no recourse available to the Provider. The Provider shall also beep and maintain all public records consistent with the State of Florida's record retention schedule. The Provider shall provide the OAG with a copy of all requested public records or allow the records to be inspected and copied within a reasonable gime or as otherwise provided by law. The provider will ensure Revised 07/20/2018 Page 7 of 18 Page 100 of 940 that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and followinp completion of the Agreement if the Provider does not transfer the records to the OAG at that time. Upon completion of the Agreement, the Provider shall keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement or electronically transfer, at no cost, to the OAG all public records in possession of the Provider. If the Provider transfers all public records to the OAG upon completion of the Agreement, the Provider shall destroy all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, the Provider shall meet all applicable requirements for retaining public records. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, in a format compatible with the information technology systems of the OAG. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 850-414-3634, public records req uestCa)mytloridaleg aLcom OFFICE OF THE ATTORNEY GENERAL,PL-01, THE CAPITOL,, TALLAHASSEE, FL 32399-1050. ARTICLE 15. VICTIM SERVICES PRACTITIONER DESIGNATION TRAINING The Provider agrees to have all VOLA ,grant funded staff members complete training and achieve the Victim Services Practitioner- Designation through the staff members' successful participation in the OAG's Victim Services Practitioner Designation Training Course provided through the Florida Crime Prevention 'Training Institute (FCP'1'I). All VOCA funded staff members must timely renew and maintain this designation certification by applying for renewal of the designation with the OAG within the tirne frame mandated by the OAG through its Victim Services Practitioner Designation Requirements. AR'nCLE 16. PROPERTY The Provider agrees to be responsible for the proper care and custody of all property purchased with grant funds and agrees not to sell, transfer, encumber, or otherwise dispose of property acquired with grant funds without the written permission of the OAG. If the Provider is no longer a gran funds recipient, all properly acquired by grant funds shall be subject to the provisions of the Financial Guide. ARTICLE 17. AUDITS; COMPLIANCE WITH OAG'S INSPECTOR GENERAL The Provider shall comply and cooperate immediately with any inspections, reviews, investigations or audits deemed necessary by the Agency's Office of the Inspector General (Section 0.055, Florida Statutes (2017)), or as authorized by law. The administration of funds disbursed by the OAG to the Provider may be subject to audits and Revised 07/20/20.18 Page 8 of 18 Page 101 of 940 or monitoring by the OAG, as described in this section, This part is applicable if the Provider is a Non-Federal Entity, meaning a State, local government, Indian tribe, institution of higher learning, or nonprofit organization that carries out a Federal award as a recipient or subrecipient, as defined in Title 2 C.F.R. Part 200, Subpart A. I. In the event the Provider expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards, it must have a single or program-specific audit conducted for that year in accordance with the provisions of federal government-wide grant rules as set forth in the Code of Federal Regulations, Title 2, Subtitle A, Ch. 11, Pt. 200, beginning at 2 C.F.R. § 200.0. Article 33 to this Agreement indicates the amount of Federal funds disbursed through the OAG by this Agreement. In determining the Federal awards expended in its fiscal year, the Provider shall take into account all sources of Federal awards, including Federal resources received from the OAG. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by federal government-wide grant rules as set forth in the Code of Federal Regulations, Title 2, Subtitle A., Ch. 11, Pt. 200, beginning at 2 C.F.R. § 200.0. An audit of the Provider conducted by the Auditor General in accordance with the Code of Federal Regulations, Title 2, Subtitle A, Ch. It, Pt. 200, Subpart F., beginning at 2 C.F.R. § 200.500, will meet the requirements of this part. 2. In connection with the audit requirements addressed in this part, the Provider shall fulfill the requirements relative to auditee responsibilities as provided in 2 C.F.R. § 200,508. 3. If the Provider expends less than $750,000 in Federal awards in its fiscal year, an audit conducted in accordance with the Code of Federal Regulations, Title 2, Subtitle A, Ch. 11, Pt. 200, Subpart F, beginning at 22 C.F.R. § 200.500, is not required. In the event the Provider expends less than $750,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the Code of Federal Regulations, Title 2, Subtitle A,Ch. 11, Pt. 200, Subpart F, beginning at 2 C.F.R. § 200.500,the cost of the audit must be reimbursed from non-Federal funds (i.e., the cost of such an audit must be reirnbursed frorn Provider resources obtained frorn other than Federal entities), as mandated in the Code of Federal Regulations, Title 2, Subtitle A, Ch. 11, PL 200, Subpart E, beginning at 2 C.F.R. § 200.400, ARTICLE 18. AUDIT REPORT SUBMISSION Audit reports must be submitted no later than 150 days following cancellation, termination or expiration of the Agreement. 1. Copies of audit reports for audits conducted in accordance with the Code of Federal Regulations, Title 2, Subtitle A, Ch. 11, Pt. 200, Subpart F, beginning at 2 C.F.R. § 200.500, and required by this Agreement shall be submitted, when required by 2 C.FK§ 200.5 12, by or on behalf of the Provider directly to the following. A. Office of the Attorney General Revised 07/20/2018 Page 9 of 18 Page 102 of 940 Bureau of Advocacy and Grants Management PL-01, The Capitol Tallahassee, Florida 32399-1050 2. Any reports, management letters, or other information required to be submitted to the OAG pursuant to this Agreement shall be submitted timely in accordance with federal government-wide grant rales as set forth in the Code of Federal Regulations, Part 200, Subtitle A, Cla. 11, Pt.200, beginning at 2 C.F.R. §200.0, as applicable.. 3. Providers should indicate the date the financial reporting; package wasdelivered in correspondence accompanying the Financial reporting package. ARTICLE`, 19. 1VIC7'1klITORING In addition to reviews of audits conducted in accordance with the Code of Federal Regulations, Title 2, Subtitle A, Ch. 1I, Pt. 200, Subpart F, beginning at 2 C.F.R. § 200.500, by entering into this Agreement, the Provider- agrees to comply and cooperate with any monitoring procedures/processes and additional audits deerned appropriate by the OAG, including but not limited to on-site visits. The Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the GAG or its designee, Chief Financial Officer, Auditor General or the U.S. Department of Justice. The Provider may not accept duplicate funding for any cost, position. service or deliverable funded by the (SAG. Duplicative funding is defined as more than 100% payment from all funding sources for any cost,. position, service or deliverable. if there are multiple funding sources and a prograrn is funded by the OAG, the OAG or its designee has the right to review all documents related to those funding sources to determine whether duplicative funding is an issue. If duplicate funding is found, the Agreement may be suspended, terminated or both while the extent of the overpayment is determined. Failure to comply with state law, or the Code of Federal Regulations, and the U.S. Department of Justice Programs, Financial Guide, may also result in the suspension, termination or both, of the Agreement while the extent of the overpayment is determined. Absent fraud, in the event that there has been an overpayment to a Provider for any reason, if the amount of the overpayment cannot be determined to a reasonable degree of certainty, as determined in the sole discretion of the OAG, both parties agree that the Provider shall reimburse to the OAG one half of the monies previously paid to the Provider for that line itern for the grant year in question. ARTICLE 20. RETURN OF FUNDS The Provider shall return to the COAG any overpayments made to the Provider for unearned income or disallowed items pursuant to the terms and conditions of this Agreement. In the event the Provider or any outside accountant or auditor determines that an overpayment has been made, the Provider shall immediately return to the OAG such overpayment without prior notification from the Revised 07/20/7018 Page 10 of 18 Page 103 of 940 COAG. In the event the OAG discovers that an overpayment has been made, the contract umainager. oil behalf of tine GAG, will notify the Provider and the Provider shall forthwith return the funds to the (JAG. Should the Provider fail to immediately reimburse the OAG for any overpayment, the Provider will be charged interest at the rate in effect oil the date of the overpayment, as determined by the State of Florida, Chief financial Officer, pursuant to Chapter 55, Florida Statutes, on tine amount of the overpayment or outstainding balance thereof. hnterest will accrue fi•onn the date of the Provider's initial receipt of funds up to the date of reimbursement of said overpayment funds to the JAG. ARTICLE 21. PUBLIC ENTITY CRIME Pursuant to Section 287.133, Florida Statutes (2017), the following restrictions are placed on persons convicted of public entity crimes to transact business with the OAG: When a person or affiliate has been placed on tine convicted vendor list following a conviction for a public entity crime, he/she may not submit a bid, proposal or reply oil a contract to provide any goods or services to a public entity, may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes (2017), for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The Provider certifies that neither it nor any affiliate has been placed on such convicted vendor list and shall notify the OAG within five (5) days of its, or any of its affiliate's, placement thereon. ARTICLE 22. GRATUITIES The Provider agrees that it will not offer or give any gift or any form of compensation to any. GAG employee. As part of the consideration for this Agreement, the parties intend that this provision will survive the Agreement for a period of two years. In addition to any other remedies available to the OAG, any violation of this provision will result in referral of the Provider's name and description of the violation of this ten-n to the Department of Management Services for the potential inclusion of tine Provider's name oil the suspended vendors list for an appropriate period. The Provider will ensure that its subcontractors, if any, comply with these provisions. ARTICLE 23. PATENTS, COPYRIGHTS, AND ROYALTIES The Provider agrees that if any discovery or invention arises or is developed in tine Course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the discovery or invention shall be deemed transferred to and owned by tine State of Florida. Any and all patent rights accruing under or in Connection with the performance of this Agreement are hereby reserved to the State of Florida.. In the event that ally books, manuals, films, or other Copyrightable materials are produced, the Revised 07/20/2018 Page 11 of 1.8 Page 104 of 940 Provider shall identify all such materials to the Agency, The Provider does hereby assign to the OAG and its assigns or successors, all rights accruing under or in connection with ,Performance under this Agreement, including the United States Copyright, all other literary rights, all rights to sell, transfer or assign the copyright, and all rights to secure copyrights anywhere in the world. The Provider shall indemnify and hold the OAG and its employees harmless from any claim or liability whatsoever, including costs and expenses, arising out of any copyrighted, patented, or unpatented invention, process, or article manufactured or used by the Provider in the performance of this Agreement. The Provider shall indemnify and hold the OAG and its employees harmless from any claim against the OAG for infringement of patent, trademark, copyright or trade secrets. The OAG will provide prompt written notification of any such claim. During the pendency of any claim of infringement. the Provider may, at its option and expense, procure for the OAG, the right to continue use of, or to replace or modify the article to render it non-infringing. If the Provider uses any design, device, or materials covered by letters patent, or copyright, it is mutually agreed and understood without exception the compensation Paid pursuant to this Agreement includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this Agreement. Subcontracts must specify that all patent rights and copyrights are reserved to the State of Florida. ARTICI. E 24. INDEMNIFICATION AND ASSUMPTION OF LIABLITY The Provider shall be liable for and indemnify, defend, and hold the OAG and all of its officers, agents, and employees harmless from all claims, suits, judgments, or darnages, including attorney's fees and costs, arising out of any act or omission or neglect by the Provider and its agents, employees and subcontractors during the performance or operation of this Agreement or any subsequent modifications or extensions thereof. The Provider's evaluation or inability to evaluate its liability shall not excuse the Provider's duty to defend and to indemnify the OAG within seven (7) days after notice by the OAG. After the highest appeal taken is exhausted, only an adjudication or judgment specifically funding; the Provider not liable shall excuse performance of this provision. The Provider shall pay all costs and fees including attorney's fees related to these obligations and their enforcement by the OAG. The OAG's failure to notify the Provider of a claim shall not release the Provider from these duties. The Provider shall not be liable for any claims, suits,judgments, or darnages arising solely from the negligent acts of the OAG. This Agreement and the rights and obligations created by it are intended for the sole benefit of the OAG and the Provider. No third party to this Agreement, including the victims served by the Provider, have any rights under this Agreement. No third party may rely upon this Agreement or the rights and representations created by it for any purpose. Rewsed 07/20/2019 Page 12 of Is Page 105 of 940 The Provider agrees to assume all liability associated with providing services under the terms and conditions of this Agreement. This includes, but is not limited to, premises liability and any travel taken by any employee of Provider or any recipient of Provider's services. ARTICLE 25, REMEDIES; INCLUDING TERMINATION OF AGREEMENT The Provider's failure to perform pursuant to the terms of this Agreement may result ill noi7-payment, imposition of the financial consequences contained in this Agreement, delay of payment, and/or termination as provided under this Agreement. Such non-compliance can result in any or all of the additional following actions; tennporary withholding of payments under ARTICLE 10, METHOD OF PAYMENT, above, pending correction of all deficiencies by the Provider, appropriate legal action being taken to enforce compliance by the Provider with the terms of this Agreement, and suspension of grant funds up to and including termination of the Agreement by the OAG. This Agreement may be terminated by the GAC; for any reason upon five (5) days written notice via certified U.S. mail, ]land delivery, or email to the Provider to the physical or email address provided by the Provider in the application. In the event this Agreement is terminated by the OAG, the Provide- shall deliver documentation of ownership or title, if appropriate for all supplies, equipment and personal property purchased with grant: funds to the OAG, within 30 days after termination of the Agreement. Any finished or unfinished documents, data., correspondence, reports and other products prepared by or for the Provider under this Agreement shall be made available to and for the eXclusive use of the OAG. Notwithstanding the above, the Provider shall not be relieved of liability to the OAG for damages sustained by the {.TACT by virtue of any termination by the OAG or breach of this Agreement by the Provider. In the event this Agreement is terminated by the OAG, the Provider shall be reimbursed for satisfactorily performed and documented services provided prior to the effective date of termination. ARTICLE 26. AMENDMENTS Modification of any provision of this Agreement must be mutually agreed upon by all parties and requires a written and fully executed amendment to this Agreement, except as provided for budget modifications submitted by the Provider in writing which have been previously approved by the OAG pursuant to the terms of ARTICLE 8, AUTHORIZED EXPENDITURES, ARTICLE 27. NONDISCRIMINATION Recipients of federal financial assistance must comply with applicable federal civil rights laws, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. §§ 10228(c) and 10221(a)); the Victims of Crime Act of 1984, as amended (34 U.S.C. § 20110(e)); The Revised 07/20/2018 Page 13 of 18 Page 106 of 940 Juvenile Justice and Delinquency Prevention Act of 1974, as amended (34 U.S.C. § 11182(b)): "Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), Title 11 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1.681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 61.01-07); and Exec. Order 13279(67 Fed. Reg. 241). Pursuant to applicable federal laws and Chapter 760, Florida Statutes (2017), the Provider, agrees not to discriminate against any client or employee in the performance of this Agreement or against any applicant for employment because of age, race, religion, color, disability, national origin, marital status or sex. The Provider further assures that all contractors, subcontractors, sub-grantees, or others with whom it arranges to provide services or benefits to clients or employees in connection with any of its programs and activities are not discriminating against those clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. The Provider must have policies and procedures in place for responding to complaints of discrimination that employees and beneficiaries file directly with the Provider. Information provided by the U.S. Department of Justice, Office of Justice Programs, to assist with policy and procedure development is available at http://c ip.gov/about/offices/ocr.fitm, In the event a Federal or State court, or a Federal or State administrative agency, makes a finding of discrimination after a dire process hearing on the grounds of race, color, religion, national origin, marital status or sex against the Provider, the Provider will forward a copy of the findings to the Office of Justice Programs, Office for Civil Rights (CSCR), and the COAG. As clarified by Executive Carder 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with the Safe Streets Act and Tittle VI of the Cavil Rights Act of 1964, the Provider must take reasonable steps to ensure that LEP persons have meaningful access to its programs and activities. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. The Provider is encouraged to consider the need for language services for LEP persons served or encountered both in developing its budgets and in conducting its programs and activities. Additional assistance and information regarding,your LEP obligations can be found at <http://www.lep.gov>, In accordance with federal civil rights laws, the Provider shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. All Providers must complete a review of the Office of Justice Programs, Office for Civil Rights training modules and confirm compliance with this requirement to the OAG through self- reporting by December 31, 2018. The training modules are available at http://Qip.gov/about/oci-/assistance,hti,n>. Pursuant to Section 287.134, Florida Statutes (2017), an entity or affiliate who has been Revised 07/20/2018 Page 14 of 18 Page 107 of 940 placed on the Florida Department of Management Services' discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. The OCR issued an advisory document for Federal grant recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Ander Title VII of the Civil Rights Act of 1964 (June 2013), available at http://ojp,gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination, In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in thein Equal Employment Opportunity Flans(EEOPs). ARTICLE 28. NONDISCRIMINATION IN PROGRAMS INVOLVING STUDENTS The Provider shall not use award funding to discriminate against students that are participating; in (or benefiting froom) programs that are funded by those same federal funds. As an example provided by the Oft-ice for Victims of Crime, Office of Justice Programs, the Provider cannot. use VOCA funding to treat a Catholic student differently than a non-Catholic student when both are applying for, or receiving benefits from, the VOCA program. This same protection also applies to the students' parents or legal guardians. ARTICLE 29. ACKNOWLEDGMENTS All publications, advertising or written descriptions of the sponsorship of the program shall state "This project was supported by Award No.VOCA-2018-City of Boynton Beach-00319 awarded by the Office for Victims of Crime, Office of Justice Programs. Sponsored by City of Boynton beach and the State of Florida." The Provider is required to display a civil rights statement prominently on all publications, websites, posters and infonmational materials mentioning USDOJ programs in bold print and no smaller than the general text of the document. The full civil rights statement must be used whenever possible. Single page documents that do not have space for the full civil rights statement may contain a condensed version in a print size no smaller than the text used throughout the document. If the civil rights statement is missing on a publication, the statement must be included the next time the publication is revised or reprinted and printed copies of the statement must be attached to the current supply of the publication until the next revision is reprinted. Full Civil Rights Statement: In accordance with federal law and U.S. Department of Justice policy, this organization is prohibited from discriminating on the basis of race, color, national origin, religion, sex, age, or disability. To file a complaint of discrimination, write the Florida Department of Legal Affairs, Federal Discrimination Complaint Coordinator, PL-01 The Capitol, Tallahassee, Florida, )2399-1050, or call 850-414-3300, or write Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, NW, Washington, DC 20531 or call 202-307-0690 (Voice) or Revised 07/20/201€3 Page 15 of 18 Page 108 of 940 202-307-2027 (TDD/TYY) or https:Hoip.gov/above/ocr/complaint,htm, Individuals who are hearing impaired or have speech disabilities may also contact OCR through the Federal Relay Service at 800- 877-8339 (TTY), 877-877-8982 (Speech), or 800-845-6136 (Spanish), Condensed Civil Rights Statement: The City of Baynton Beach is an equal opportunity provider and employer. The Provider is required to display the OAG's "Civil Rights Fact Sheet" at locations open to the public. The "Civil Rights Fact Sheet" will be made available to the Provider via the OAG E-Grants Management System. ARTICLE 30. EMPLOYMENT The employment of unauthorized aliens by the Provider is considered a violation of Section 274A(e) of the Immigration and Nationality Act, If the Provider knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. Any services performed by any such unauthorized aliens shall not:be paid. Tile Provider shall utilize the U.S. Department of Homeland Security's 1 -Verifjr System to verify the employment eligibility of all persons hired during the Agreement term. ARTICLE 31. ADMINISTRATION OF AGREEMENT All approvals referenced in this Agreement must be obtained from the parties' contract administrators or their designees. The OAG's contract administrator is the Christina F. Harris, Chief, Bureau of Advocacy and Grants Management. All notices must be given to the parties` contract administrators respectively. ARTICLE 32. CONTROLLING LAW ANT VENUE This Agreement shall be governed by the law's of the State of Florida. Any and all litigation arising under the Agreement shall be instituted in the appropriate court of general jurisdiction in Leon County, Florida. ARTICLE 33. AMOUNT OF FUNDS The OAG agrees to reimburse the Provider for contractual services and/or availability to provide services for the entire Time of Performance, as set forth in Article 3 of this Agreement, and completed in accordance with the terms and conditions of the Agreement, The total sum of monies available for reimbursement to the Provider for services provided shall not exceed $611.759.00 "Availability to Provide Services" is defined as maintaining sufficient capacity to assist victims during the Provider's core business hours throughout the Time of Performance, as set forth in Article 3 of this Agreement, Core business hours are assumed to be at least from 8:00 AM to 5:00 PM, Monday through Friday, unless otherwise approved as alternative core business hours by the OAG. Employee leave earned under this grant period is reimbursable however, the Provider must continue to maintain sufficient capacity to assist victims. Revised 07/20/2018 Page 16 of 18 Page 109 of 940 "Contractual Services" are defined as those specified services established within the OAG approved budget for which the Provider is to be Paid upon completion at the set rate also established within the COAG approved budget, as authorized expenditures eligible for payment, or reimbursement pursuant to AWFICf,E 8, AUTHORIZED EXPENDITURES, of this Agreement. ARTICLE 34. AGREEMENT"AS INCLUDING ENTIRE AGREEMENT. This instrument and the approved 2018-201.9 grant application in the E-grants Management System, embody the entire Agreement of the parties. "There are no provisions, terins, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations or-Agreements on this same subject, verbal or written, between the parties. "There are no representations or statements that are relied upon by the Provider that are not expressly set forth herein. The Provider's signature below specifically acknowledges understanding of the fact that the privilege of obtaining a VOCA grant is not something this or any Provider is entitled to receive. This Agreement is for one-time funding only, covering one fiscal year. There is absolutely no expectation or guarantee, implied or otherwise, the Provide- will receive VOCA funding in the future. The COAG strongly encourages the Provider to secure funding from other sources if the Provider anticipates the program will continue beyond the current grant year. Each of the parties executing this Agreement have full authority to do so and have received all lawfully necessary approvals to enter into this Agreement. Revised 67/20/2618 Page 17 of 18 Page 110 of 940 IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and Caty_o J'-Boynton Beach, have executed this agreement. Authorizinc, Official OAG Authorizing Official Print Name Print Name Date DATE Authorizing Official* Print Name Date Authorizing Official* Print Name Date FEID# of Provider SAMAS Code * Provided for use if multiple signatures are required by your organization. Revised 07/20/2018 Page 18 of 18 Page 111 of 940 6.C. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-133-Authorize the City Manager to sign a letter of agreement with Counseling Services Associates (CSA) to provide Employee Assistance Program (EAP) services at the rate of$13.00 per employee, per year (estimated annualized cost of$10,725)from October 1, 2018 through September 30, 2019, with two additional one year options for renewal. EXPLANATION OF REQUEST: The City's Benefits Consultant, The Gehring Group, secured quotations from Optum (United Healthcare), HealthAdvocate (Unum), and Counseling Services Associates for Employee Assistance Program (EAP) services. Counseling Services Associates provided the most comprehensive service at the lowest price. Further, Counseling Services Associates is guaranteeing its rate for two (2) years. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? As part of the employee benefits program, the City provides a full range of EAP services to assist in the identification and resolution of issues related to personal matters including: marital, family, financial, dependency, legal, emotional, stress, and other personal concerns which may potentially negatively affect an employee's job performance and/or well-being. This program provides a valuable resource and referral for employees and their dependents who require assistance with life challenges. FISCAL IMPACT: Budgeted These services are budgeted in line item 34-30- Employee Assistance Program in the Human Resources department's budget. For Fiscal Year 18/19, the City will pay $13.00 per employee, per year, which is estimated not to exceed $10,725.00. This rate has been guaranteed for two (2) years. ALTERNATIVES: 1. Do not approve the Agreement and select from one of the other providers. 2. Do not approve the Agreement and resolicit quotations from other providers. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 112 of 940 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Agreement with Counseling Services Associates for EAP Counseling. D Addendum Agreement D Addendum Quote Summary Page 113 of 940 I RESOLUTION NO. R18- 2 3 4 A RESOLUTION OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN A LETTER OF AGREEMENT 7 WITH COUNSELING SERVICES ASSOCIATES FOR AN 8 EMPLOYEE ASSISTANCE PROGRAM WITH AN 9 ESTIMATED ANNUAL EXPENDITURE OF $10,725.00; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City's Benefits Consultant, The Gehring Group, secured quotes for 14 Employee Assistance Program (EAP) services; and 15 WHEREAS, Counseling Services Associates provided the most comprehensive service 16 at the lowest price and is guaranteeing its rate for two (2) years; and 17 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 18 interest of the City to enter into the Employee Assistance Program Agreement with Counseling 19 Services Associates for a period of one (1) year with two additional one year options for 20 renewal. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Each Whereas clause set forth above is true and correct and incorporated 24 herein by this reference. 25 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 26 approves and authorizes the City Manager to sign the Employee Assistance Program Agreement 27 letter between the City of Boynton Beach and Counseling Services Associates for an Employee 28 Assistance Program for the period of one (1)year with an estimated expenditure of$10,725.00 29 and two additional one year options for renewal, a copy of said Agreement is attached hereto C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\A7CE7251-82D4-474F-B05A-1BC2346044BF\Boynton Beach.12366.1.Counseling_Services_Associates_(EAP)2018_-_Reso.docx Page 114 of 940 30 as Exhibit"A". 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2018. 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor— Christina L. Romelus 41 42 Commissioner—Mack McCray 43 44 Commissioner—Justin Katz 45 46 Commissioner—Joe Casello 47 48 49 VOTE 50 51 ATTEST: 52 53 54 55 Judith A. Pyle, CMC 56 City Clerk 57 58 59 60 (Corporate Seal) 61 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\A7CE7251-82D4-474F-B05A-1BC2346044BF\Boynton Beach.12366.1.Counseling_Services_Associates_(EAP)2018_-_Reso.docx Page 115 of 940 f EMPLOYEE ASSISTANCE PROGRAM ACCEPTANCE CITY OF BO ON BEACH Submitted by: Counseling Services.Associates Kien Scheft, L,M,H.C. Located: 301 Yarnato Road, Suite 1240 Boca Raton, FL 33431 Phone: (561) 272-8880 Toll Free: (855)272-8880 Fax: (561) 994-6693 Services: Confidential, professional EAP services. ,Scope of Work-, See Attachment A Fee for Service: $13.00 per employee, per year Employee Count: Time period: One fiscal year through dates of contract Effective Date: Oct. 1, 2018 through Sept. 30, 2019 Renewable: Option to renew: See Attachment B F (5) Individual sessions per employee PLUS ONE (1) Individual session per family member Acceptance: Sign below as acknowledgment of your agreement to the terms set forth. AGREED AND ACCEPTED AGREED AND ACCEPTED Signature Signature Date Date Kim Sc eft, LX1HC LoriLa erriere Counseling Services Associates The City of Boynton Beach 301 Yamato Road, Suite 1240 100 E_ Boynton Beach.Blvd. Boca Raton, FL 33431 Boynton Beach, FL 33435 Page 116 of 940 Term of Professional Fees: This contract will commence Oct, 1. 2018 contingent upon receipt of quarterly payment due, and will come to an end Sept.30,2019.. CSA will submit quarterly invoices for its services at a per employee per year(PEPY) rate of$i3.00.This fee covers expenses of the contract specified in Attachment A. The contract is renewable annually subject to the approval of both parties and adjustments in the number of employees covered and the amount to be charged per employee. Terms ofPayment: This contract is subject to cancellation by either party at any time by the giving of sixty days written notice. In the event of such cancellation the City of Boynton Beach shall be responsible for payment of all direct costs and pro rata fees up to the effective date of cancellation-provided that CSA is not in breach of any of its obligations under this letter agreement at the time of such cancellation. Acceptance: Please sign below as acknowledgment of your agreement to the terms set forth above and return a signed copy of this document and payment to address. AGREED ACCEPTED: AGREED AND ACCEPTED: Signature Signature Kim Sc eft, LMHC Lori LaVerriere President City Manager Counseling Services.Associates,LLC City of Boynton Beach Sox Yarnato Rd., Suite 1240 tots E. Baynton Beach Blvd. Baca Raton, FL 33431 Boynton Beach, FL 33435 Page 117 of 940 Attachment City of Boca Raton Employee Assistance Program Description of Services * EMPLOYEE ASSISTANCE PROGRAM (EAI) SCOPE OF WORK Counseling Services Associates(CSA)EAP covers employees, significant others and bath household and non -household family members, An EAP is a worksite-based program designed to assist: # Organizations in addressing productivity issues Employees in identifying and resolving personal or workplace concerns that may affect job performance. EAP services include: 0 Unlimited access to a tall free number, which connects all callers to a licensed professional consultant, 24 hours a day, 365 days a year. Clients will be offered a face-to-face appointment within two working days of their initial telephone contact at a location convenient to the caller. a Consultant staff: All of our in-house consulting staff has at minimum a master's level degree as well as other certifications and licenses. In addition to our in-house staff, CSA's EAP maintains an extensive network of highly trained and experienced affiliate staff throughout Florida. In all cases, members of our National Net- work of Affiliates are carefully selected and monitored using a variety of criteria including, but not limited to: academic background (roaster's degreed social workers or counselors, Ph.D. psychologists or psychiatrists), state licensure, additional professional training, areas of expertise, cultural sensitivity as well as accessibility, responsiveness, professionalism and follow-up. • Unlimited consultations, assessment, short-term problem resolution, referral and follow-up to provide professional guidance. Areas for assessment, consultation or referral include but are not limited to- • Emotional/Psychological Problems • Family/Relationship Problems • Alcohol and Drug Abuse Problems • Legal and Financial Crises • Employment Related Problems # Short-term Counseling: Up to five face-to-face sessions per issue, per year, for employees, retirees plus one session for benefit-eligible dependents. Outside referrals to the most cost-effective program when additional services are required Employee orientations informational meetings for employees to on how to use and access the EAP. s Supervisory training programs to identify and refer troubled employees to the EAR ♦ Unlimited anageme t consultations services to provide expert guidance and consultation to managers working with an under-performing or troubled employee. a Trauma response consultations following workplace critical incidents including workplace accidents and fatalities, national disasters, hostage situations and violent crimes. Onsite Critical Incident Stress Management may be billable. Page 118 of 940 + Trauma response consultations following workplace critical incidents including workplace accidents and fatalities, national disasters, hostage situations and violent crimes. Onsite Critical Incident Stress Management may be billable. * Promoting the EAP through Web Page, brochures, fliers and other educational materials detailing EAP benefits and access. * Four wellness seminars per contract year from a list of topics provided by CSA EAP such as"Stress Management" and"Dealing with Difficult People". # Web page Quarterly EAP newsletters covering wellness, news and articles on mental health- + Annual statistical reports providing demographic and utilization data as well as a review of management consultations,wellness seminar attendance, training events and promotional activities, * Mandatory Counseling referrals consist of a three session process to resolve employee relations and a written report on employee compliance. + DOT/SAP: Management referrals for employees covered under Department of Transportation regulations. * Crisis Management Services: Onsite intervention within 24 hours. * Continuing education for both management and employees on-sight, through individualized programs specific to The City of Boca Raton. * HR/Manager/Supervisor Telephone Consultation: Unlimited telephone access to an EAP Professional regarding employee relations, PLEASE NOTE THA T SAF TY IS OF PRIMAR Y IMPORTANCE TO COUNSELING SER PTCE's'ASSOCIATES AND 771A T VO ONE 97LL BE DENIED SER T/7CES BE CA USE OF INA BILITY TO PA Y OR LA CK OF INSURANCE Page 119 of 940 &4eajr r ° a&d Attachment City of BoyntonBeach E1Tlployee Assistance Prograin RENEWAL AGREEMENT Regarding the agreement between Counseling Services Associates(CSA)and The City of Boynton Beach(CITY), for the EAI'is in the amount of$13 per employee per year, for the contract year of 10/o1/201g through 09/3 0/2019, with an option to renew for two(2)additional one(1)year periods with the following conditions: 1) The EAP contract year of 10/01/2019 through 09/30/2020 in the amount of$1.4 per employee, per year, 2) The EAP contract year of 10/01/2020 through 09/30/2021 in the amount of$14 per employee, per year. TERMINATION OF AGREEMENT The obligation to continue services under this agreement may be terminated by either party upon seven(60)days written notice of substantial failure by the other party to perform in accordance with the terms through no fault of the termination party. In the event of termination or suspension for the CITY's convenience, CITY shall pay CSA for all services performed through the date of termina- tion. Page 120 of 940 PROGRAM EVALUATION All employees, family members or retirees will have the opportunity to fill out quality as- surance evaluation and report his or her experience with the EAP directly and confiden- tially to the company as per their request. This report will contain strengths and weaknesses of the program, suggestions for future programs, utilization review records, candid, confidential and anonymous employee reac- tions, supervisory feedback and administrative points of interest. COUNSELING S CES ASSOCIATES NEVER TURNS ANYONE AWAY E USE O THEIR INABILITY PAY YOUR EMPLOYEE SSSISTANEE PROGRAM aims to keep employees at the top of their game both professionally and personally. The goals of this program include improving employee meatal, emotional and physical health,and improving company and employee relation- ships. These programs also tend to increase employee confidence i , and perception of, their company because employees see these assistance programs as evidence that the com- pany actually values them. Thus,individuals experiencing a personal or family crisis, or who are under chronic stress, may have no place to turn for advice other than to the EAP benefits offered through their workplace. The services include,but are not limited to men- tal health, addiction, stress management, eating/gambling disorders, coaching, marriage and family counseling, HIV and AIDS education, sexual harassment prevention education, critical debriefing and workplace violence intervention and prevention. A further purpose is to support and/or implement the regulations covering policies pertaining to a Drug Free Workplace. Toll free number for Emergencies and Weekends 855-272-8880 Page 121 of 940 COUNSELING SERVICES ASSOCIATES, (CSA) As we enter into a new year in order to serve you best, we offer you the continuity of our established therapists who will continue their ongoing EAP relationships with The City of Boynton Beach Employees. All of our therapists are profes- sionally licensed and carry insurance with Healthcare Providers Service Organi- zation. CSA is a provider on the City of Boynton Beach Cigna Health Insurance Plan. Thousands of dollars in health benefits can be saved monthly with proper diagnosis, referral and treatment by an EAP. Additionally, hundreds of employees and families who had little or no recourse to help, before, can have better lives. Education, awareness and prevention make a great EAR The more you use our services the more Employees benefit. To show a savings in insurance benefits, employee acuity, interaction with the EAP is advantageous and a must. PLEASE NOTE TIIATNO ONE WILL BE DENIED SERVICES BE- CAUSE OFri ABILITY TO PAY OR LACK OFIN SUR41VCE\\ DEPEND- ENTS AND RETIREES ARE GIVEN THIS NOTICE 17V WRITINGe Page 122 of 940 INDEMNIFICATION/HOLD HARMLESS AGREEMENT This Held Harmless,Agreement is entered into by and between Counseling Ser- vices Associates, (CSA) and The City of Boynton Beach(CITY on this day of Oc- tober, 220 Recitals Counseling Services Associates, agrees to hold harmless,The City of Boynton Beach, it's officers and employees from any claims that may arise from liabilities, lasses, damages, settlements, costs, charges,professional charges or other ex- penses of every kind and character arising out of or relating to any of all claims, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this agreement and/or performance hereof. CSA includes any subcontractor, anyone directly or indirectly employed by any of the entities to whore CSA may refer or for anyone whose acts may be liable in the performance of the Employee Assistance Pro- ram. Counseling Services Associates further agrees to investigate, handle, respond to, defend any such claims at the sole expense and agrees to bear all other costs and expenses related thereto, even if it is groundless, false or fraudulent. The indem- nification shall not be limited to the amount, type of damages, compensation or benefits by or for CSA_ Furthermore, CSA agrees to incur all expenses, including attorney's fees, incurred by CITY to enforce this agreement. If this agreement is acceptable,your signa- ture will act as a binding agreement. Counseling Services Associates, LLC The City of Boynton Beach 301 Yamato Rd., Suite 1240 loo E. Boynton Beach Blvd.. Boca Raton, FL 33431 Boynton Beach, FL 33435 Kim Scheft, LINK Lori LaVerriere President City Manager 5 Page 123 of 940 ADDENDUM TO EMPLOYEE ASSISTANCE FOR 2018/20119 INSURANCE: During the performance of the Services under this Agreement.,PROVIDER shall maintain the following insur- ance policies,and provide originals or certified copies of all policies,and such coverage shall be written by an insurance company authorized to do business in Florida. The PROVIDER shall procure and maintain,for the life of this Contract/Agreement,Commercial General Liabil- ity Insurance. Tlris coverage shall be on an"Occurrence"basis. Coverage shall include Premises and Operations; Independent Contractors'Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death,personal injrury or property, damage that could arise directly or indirectly from the perform- ance of this Agreement. The Ivlinirnrun Limits of Coverage shall be$1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability with no more than a.$10,000 deductible. PROFESSIONAL LIABILITY: The PROVIDER shall procure and maintain,for the life of this Contact/Agreement Professional Liability In- surance. This coverage is for damages arisiaig out of the insured's negligence, mistakes or failure to tape appro- priate action in the performance of business or professional duties. This coverage shall be on a"Claims Made'" basis and kept for 2 years after completion. The PRIOVT R agorc s to not6 the To,,v of Lai na within(5)business days of coverage cancellation,,lapse or materia rmo nasi n v writteri notice to urian esources. SUPPLEMENTAL PROVISION: The insurance policy coverage as outlined herein shall remain in effect for the entire contract period. In the event of coverage cancellation;non renewal,material change,modification or lapse of coverage, Contractor shall no- tify the City of Boynton Beach within(5)business days with written notice of such to Hunan Resources. SUBCONTRACTOR'S INSURANCE: The PROVIDER shall require each independent contractor to take out and maintain during the life of his subcon- tract the sank insurance coverage's required of the successful PROVIDER.Each subcontractor shall furrrxish to the PROVIDER a copy of the Certificate of Insurance. TERMINATION OF AG IE T; The obligation to continue services under tlus agreement may be terminated for cause by either party upon seven (14)days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party.The City of Boynton Beach shall have the right to terminate this Agree- ment or suspend performance thereof without cause fourteen(14) days written notice to PROVIDER,and PRO- VIDER shall terminate or suspend performance of services on a sclrc4ute acceptable to theCity of Boynton Beach or at the end of this fourteen(14) dad"period. In the event of termination or suspension for convenience, the City of Boynton Beach shall pay PROVIDER for all services performed through the date of notice of terniina- tion or suspension. Signature.- Signature: e 71-of Boyntol—i eac a Representative Counse rng Services Associates Date, Page 124 of 940 CERTIFICATE Y INSURANCE DATE IMMIDDIYYYY) 05/07/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT _- PRODUCER NAME: FAX -. PHONE // 8$ �{} _3()Q7 AlC.'Ido H ISC:OX IncE-MA 520 Madison Avenue lEss, : GDl�tact a�3hiscoX.com 32nd Floor INSURER(s)AFFORDING COVERAGE NAIC# New York,NY 16622 INsuRERA: Hiscox Insurance Company Inc 16266 INSURED _ INSURER B. Counseling Services Assoicate LLC INSURER_c ....... 301 Yamato Rd,Ste 1246 INSURER D INSURER E: I Boca Raton FL 33431 INSURER F: COVERAGES - CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .LI _ 'NSR POLICY EFF POLICY YY LIMITS LTR TYPE CBF INSURANCE _ POLICY NUMBER MM/OO MMIDDIYYY!f COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE. $ DAM RENTED RENTED -.._- CLAIMS-MADE a OCCUR PREMISES Ea ttccurrenee) $ ._4 MED EXP(Any person) ane I PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ IRI- POLICY L] JECT L] LOC i PRODUCTS-COMPIOPAGG $ OTHER: AUTOMOBILE LIABILITY i COtvIBINED SINGLE LIMIT $ Ea accident) __.... _.-- ANY AUTO ( BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS Q ----- ---..-- NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS I Per_acctdsntl i $ UMBRELLALIAB _[:jOCCUR E.4CHOCCURRENCE $ I EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION y PER _-OTH- AND EMPLOYERS'LIABILITY ' i STATUI`E ER YIN ANYPROPRlE70RIPRRTNEn.RIExECUTIVE - ''E.L.EACH ACCIDENT $ NIA �BOFFICEWMEMBEREXCLUDED? Li . (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under _._...._� - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT' $ Professional Liability Each Claim: $ 1,000,000 A Y UDC-1798531-EO-17 08112/2017 08112/2018 Aggregate: $ 3,000,000 i DESCRIPTION OF OPERATIONS I LOCATIONS I VIIH'ICLES(AC:ORO 101,Additional Remarks Schedule,may tae attached itmore space is required)-- The City Boynton Beach, is listed as additional insured. CERTIFICATE HOLDER CANCELLATION The City Boynton Beach, 100 E.Boynton beach blvd, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Boynton Beach fl 33435 THE EXPIRATION DATE THEREOF, NOTICE. WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - J 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Page 125 of 940 L_ Z O Q C ll zN O O 4 O > O y N CL N -3 -3 d N C1 16 N 0 O N 0co LA rl rl E co —CL CL — z Q E Cry "Cti M V� m LAN v w a L-u 2 Lnw c v ws °O 0 v OCL az Ww w N 0 7 ° L N .. N LLL. � 0 co M M b J9 P6 Ln 00 W p M N d' ® co ° C ° i/► MCL N N y O Oy �y LD V� rl a ® n M P, s N d V Q Ln f0 O u V 0 7 � N T N N 0 w !Z N N C M N N N v L! �® 0 a Q -6 N rl (i -6 -6 -6 -6 (0 d,A,A N 7 E UO 7 7 7 7 O a-4 N N N W C4 Lai � C pip 0 C C C C {/} W ® ^ h N O Q N i/L 14 G&" Q Q O a-I VL Ln O (6 E N l0 O V co 7 T \ 0 Ln LLai E Q 'O N t 'O 'O 'O 'O Ol 0 M h \ \ N Up M v -O V v O V V V V N i..� ^ Ct Z Z S C pp C C N N N O Z Q Q Ln x E W N O u � N n E N tw 0 C c i i v v bD U W 0 c G1 O U w m fC 0 ai v s O ( O- O N C N O N c i ° v oS o E E Q N n c E y 0_ E N D aNi D m N N - co N 6 c R > ` (U ae > > o a, g " a, ,� O a a N C _O +, °' T o ; a, a > a R a16i >. Q 0 m Q U ~b0 N W U U }1 _ 3 7 �+ L ® C O C V W W Z L U O V Z OAC a 2 Q ,\° 6.D. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-134-Authorize the City Manager or designee to accept the Small Matching Grant from the Florida Department of State, Division of Historical Resources in the amount of$50,000 and sign the grant award agreement and all related documents and add the word "flooring" to the Children's Museum- Painting E)derior & Soffit Repair in FY2018/2019 CIP. EXPLANATION OF REQUEST: Agreement Period: July 1, 2018 -June 30, 2019 The City has been awarded a grant to repair all soffits, fascias, and flashings on the Schoolhouse Children's Museum & Learning Center as well as the interior wood flooring, as needed. The exterior elevations of the building, 8 wood frame doors, and 57 wood frame windows will be repainted. Grant funds will also be used for architectural/engineering services. The grant is for$50,000. The City Grant Coordinator, Debbie Majors and Project Manager, Gail Mootz will provide $5,856 of in-kind grant and project management services. The balance of the project cost, including a cash match, is included in the FY2018/2019 Capital Improvement Program Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is a concern that if the repairs to the soffits, fascias and flashings are not undertaken soon, their continued deterioration could lead to further damage occurring inside the structure due to water penetration. There is also a concern that if the wood frame doors and windows are not prepared and painted they will begin to deteriorate. These repairs will also have a positive impact on the energy efficiency and exterior appearance of the building. FISCAL IMPACT: Budgeted The City will provide a match for this grant, the grant is for$50,000, they City is providing in-kind match of $5,856(which is staff time) and is providing $8,000 cash match which is included in the City's FY2018/2019 Capital program as The Children's Museum - Painting Exterior, Soffit& Flooring Repair project. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: • Not accept the grant award and complete only a portion of the project. Page 127 of 940 • Not move forward with the necessary repairs to the schoolhouse CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: 50,000 ATTACHMENTS: Type Description D Resolution Resolution accepting Historical Resources Grant Award D Agreement Granth rd Agreement 19.H.SM.100.066 Page 128 of 940 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 ACCEPT AND SIGN THE FLORIDA DEPARTMENT OF 6 STATE, DIVISION OF HISTORICAL RESOURCES 7 GRANT AGREEMENT FOR THE AWARD 8 (19.H.S.M.100.066)IN THE AMOUNT OF$50,000 AND TO 9 SIGN ALL ASSOCIATED DOCUMENTATION 10 BETWEEN THE CITY OF BOYNTON BEACH AND 11 STATE OF FLORIDA, DEPARTMENT OF STATE, 12 DIVISION OF HISTORICAL RESOURCES; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS,the City has been awarded a grant to repair all soffits,fascias and flashings 17 on the Schoolhouse Children's Museum & Learning Center as well as the interior wood 18 flooring, as needed; and 19 WHEREAS, grant funds will also be used for architectural/engineering services; and 20 WHEREAS, upon recommendation of staff, the City Commission has determined that 21 it is in the best interests of the residents of the City to accept the Grant in the amount of$50,000 22 and authorize the City Manager to sign the Agreement and all associated documentation 23 between the City Of Boynton Beach and State Of Florida, Department Of State, Division Of 24 Historical Resources. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission does hereby accept the Grant in the amount of 31 $50,000 and authorizes the City Manager to sign the Agreement and all associated C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1000360F-E2B6-4859-AB9B-62F65212522F\Boynton Beach.12419.1.Accept Historical_Resources_Grant (2018)_-_Reso.docx Page 129 of 940 32 documentation between the City Of Boynton Beach and State Of Florida, Department Of State, 33 Division of Historical Resources, a copy of which is attached hereto as Exhibit"A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2018. 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor— Christina L. Romelus 44 45 Commissioner—Mack McCray 46 47 Commissioner—Justin Katz 48 49 Commissioner—Joe Casello 50 51 52 VOTE 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 Interim City Clerk 60 61 62 63 (Corporate Seal) 64 65 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1000360F-E2B6-4859-AB9B-62F65212522F\Boynton Beach.12419.1.Accept Historical_Resources_Grant (2018)_-_Reso.docx Page 130 of 940 AGREEMENT BETWEEN THE STATE OF FLORIDA,DEPARTMENT OF STATE AND CITY OF BOYNTON BEACH,DEVELOPMENT DEPARTMENT 19.H.S .100.066 This Agreement is by and between the State of Florida, Department of State, Division of Historical Resources hereinafter referred to as the 'Division," and the C ity of Boynton Beach, Development Department hereinafter referred to as the "Grantee." The Grantee has been awarded a Small Matching Grant by the Division, grant number 19.h.sm.100.066 for the Project" Boynton School Repairs and Exterior Painting",in the amount of$50,000.00 ("Grant Award Amount"). The Division enters into this Agreement pursuant to L ine Item 3090 contained in the 2019 General Appropriations Act, HB 5001, L aws of Florida.The Division has the authority to administer this grant in accordance with Section 267.0617,Florida Statutes. In consideration of the mutual covenants and promises contained herein,the parties agree as follows: 1. Grant Purpose:This grant shall be used exclusively for the"Boynton School Repairs and Exterior Painting",the public purpose for which these funds were appropriated. a. The Grantee shall perform the following Scope of Work: Grant funds will be used to repair all soffits,fascias,and flashings on the Boynton School;as well as the interior wood flooring as needed The exterior elevations of the building,8 wood frame doors,and 57 wood frame windows will be repainted.Grant funds will also be used for architectural/errgineering services. All tasks associated with the Project shall meet the requirements set forth in this agreement. b. The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. Payment Payment Deliverable Deliverable Number Number Description Documentation Amount _.. M- -... _... ..... The performance measure documenting satisfactory completion of A completed Deliverables will be a Application and completed ;Certificate for Application and Payment(AIA Certificate for Document G702)and 1 1 Payment(AIA Schedule of Contract15 $ ,000 Document G702) Values(AIA Document and Schedule of G703),or its Contract Values equivalent showing at (AIA Document least 30 percent of the G703),or its project completed- equivalent, ompletedequivalent,showing at least 30 percent of the project completed Page:1 Page 131 of 940 'Ihe performance measure documenting satisfactory completion of A completed Deliverables will be a Application and Certificate for completed Application and Payment(ATA £Certificate for Document 6702)and 2 2 Payment(AIA Schedule of Contract $15,000 Document G702) Values(AIA Document G703),or its and Schedule of " equivalent,showing at Contract Values (AIA Document least 60 percent of the project completed. G703),or its equivalent,showing at least 60 percent of the project completed. ...... The performance i measure documenting F satisfactory completion of Deliverables will be a completed Application and r # Certificate for A completed Payment(AIA 1 Application and Document G702), Certificate for 6 Schedule of Contract Payment(AIA Values(ATA Document G702), Document G703), Schedule of Contract and a Certificate of Values(ATA Document Substantial G703),and a Completion(AIA Certificate of Document G704),or Substantial its equivalent, Completion(AIA showing 100 percent Document G704),or of the Project its equivalent,showing completed, including 100 cent of the 1e' all retainage E Project completed, amounts paid.The including all retainage performance amounts paid; 3 3 measure submission and $20,000 i documenting acceptance of a Final satisfactory Project Progress completion of Report that certifies Deliverables will also that all project grant be submission and funds and required acceptance of a Final match have been Project Progress expended in the way Page:2 Page 132 of 940 Report that certifies here agreed upon and that all project grant the Project has been funds and required closed out;and a match have been Single Audit Form expended in the way completed by the here agreed upon Grantee and submitted and the Project has along with the Final been dosed out.In Progress Report prior addition,a Single to final payment Audit Form shall be completed by the Grantee and submitted along with the Final Progress Report prior to final payment. c. The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement.The Budget provides details of how grant and match funds will be spent.All expenditures shall be in accordance with this budget(which is incorporated as part of this Agreement and entitled Attachment A)and must be incurred during the term of this Agreement,as stated in Section 2 of this Agreement. 2. Length of Agreement.This Agreement shall begin on 7/1/2018 and shall end 6/30/2019 unless terminated in accordance with the provisions of Section 33 of this Agreement.Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension.The Grantee's written request for such extension must be submitted to the Division no later than thirty(30)days prior to the termination date of this Agreement and no amendment will be valid until a written amendment is signed by both parties as required in Section 7 and Section 15 of this Agreement. 3. Contract Administration.The parties are legally bound by the requirements of this Agreement. Each party's contract manager,named below,will be responsible for monitoring its performance under this Agreement,and will be the official contact for each party.Any notice(s)or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below.Any change in the contact information below shall be submitted in writing to the contract manager within 10 days of the change. For the Division of Historical Resources: Yasha Rodriguez Florida Department of State RA Gray Building 500 South Bronough Street Tallahassee,FL 32399 Phone:850.245.6333 Email: 1-H-Igm audo mly lard-da.Mr-11 For the Grantee: Contact:Adams,Warren Address:100 E.Boynton Beach Blvd Boynton Beach Florida,33425 Phone: Email:adamsw@bbflus Page:3 Page 133 of 940 4. Grant Payments. All grant payments are requested online via mmmjd2jg arse by submitting a payment request with documentation that the deliverable has been completed and documentation evidencing all expenses incurred in achieving the completion of the deliverable.The total grant award shall not exceed the Grant Award Amount,which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement.The grant payment schedule is outlined below. a. All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement. b. All payments will be made in accordance with the completion of those Deliverables. 5. Electronic Payments.The Grantee can choose to use electronic funds transfer(EFT)to receive grant payments.All grantees wishing to receive their award through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Department of Financial Services.If EFT has already been set up for the organization,the Grantee does not need to submit another authorization form unless the organization has changed bank accounts.The authorization form is accessible at M V V�wyn- + L.1011V �K t information pertaining to payment status is also available. 6. Florida Substitute Form W-9.A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting.The Department of Financial Services(DFS)must have the correct Taxpayer Identification Number(11N)and other related information in order to report accurate tax information to the Internal Revenue Service(IRS).To register or access a Florida Substitute Form W-9 visit aLA copy of the Grantee's Florida Substitute Form W-9 must be submitted to the Division,as required,in advance of or with the executed Agreement. 7. Amendment to Agreement.Either party may request modification of the provisions of this Agreement by contacting the Division to request an Amendment to the Contract.Changes which are agreed upon shall be valid only when in writing,signed by each of the parties,and attached to the original of this Agreement.If changes are implemented without the Division's written approval,the organization is subject to noncompliance,and the grant award is subject to reduction,partial,or complete refund to the State of Florida and termination of this agreement. 8. Financial Consequences.The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes. a. Any advanced funds will be returned to the State of Florida if any Deliverable is not satisfactorily completed. b. Payments will be withheld for failure to complete services as identified in the Scope of Work and Deliverables, provide documentation that the deliverable has been completed,or demonstrate the appropriate use of state funds. c. If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work,the final payment will be reduced by an amount equal to the difference between spent state dollars and the Grant Award Amount. d. The Division may reduce individual payments by 10%if the completed Deliverable does not meet the Secretary of Interior's Standards and Guidelines or other industry standards applicable to the project. The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the grant period.This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the Agreement.Pursuant to Section 18,Grantee shall refund to the Division any excess funds paid out prior to a reduction of total grant funding. 9. Additional Special Conditions. Development Projects. a. All project work must be in compliance with the Secretary of the Interior's Standards and Guidelines available online at Y& a=teaayAps air b. The Grantee shall provide photographic documentation of the restoration activity.The Guidelines document regarding the photographic documentation is available online at Page:4 Page 134 of 940 WW t kms, Y ..!y,1.Tl Y It.gy m. Rtr 't35"tom mri% aLc ,fir...,= c. Architectural Services 1. All Projects shall require contracting for architectural/engineering services. 2. The Grantee may request a waiver of this requirement from the Division if they believe that the architectural/engineering services are not needed for the Project.The Division shall make a recommendation to the Grantee after review of the proposed work. d. Architectural Documents and Construction Contracts The Grantee shall submit the architectural services contract to the Department for review and approval prior to final execution.In addition,pursuant to Section 267.031(5)(1),Florida Statutes,the Grantee shall submit architectural planning documents to the Department for review and approval at the following stages of development: 1. Upon completion of schematic design; 2. Upon completion of design development and outline specifications;and 3. Upon completion of 100%construction documents and project manual,prior to execution of the construction contract. e. For the construction phase of the Project,in addition to the review submissions indicated above,a copy of the construction contract must be submitted to the Department for review and approval prior to final execution Department review and approval of said contracts shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. f. For projects involving ground disturbance(examples include:historic building or structure relocation,grading and site work,installation of sewer and water lines,subgrade foundation repairs or damp proofing,construction of new foundations and installation of landscape materials),the Grantee shall ensure that the following requirements are included in all contracts for architectural and engineering services: a. Ground disturbance around historic buildings or elsewhere on the site shall be minimized,thus reducing the possibility of damage to or destruction of significant archaeological resources. b. If an archaeological investigation of the Project site has not been completed,the architect or engineer shall contact the Department for assistance in determining the actions necessary to evaluate the potential for adverse effects of the ground disturbing activities on significant archaeological resources. c. Significant archaeological resources shall be protected and preserved in place whenever possible.Heavy machinery shall not be allowed in areas where significant archaeological resources may be disturbed or damaged. d. When preservation of significant archaeological resources in place is not feasible,a mitigation plan shall be developed in consultation with and approved by the Department's Compliance Review Section(contact information available online at _, il enidge, i).The mitigation plan shall be implemented under the direction of an archaeologist meeting the Secretary of the Interiors'Professional Qualification Standards for Archeology. e. Documentation of archaeological investigation and required mitigation actions shall be submitted to the Compliance Review Section for review and approval.This documentation shall conform to the Secretary of the Interior's Standards for Archaeological Documentation,and the reporting standards of the Compliance Review Section set forth in Chapter 1A-46,Florida Administrative Code. 10. Credit Line(s)to Acknowledge Grant Funding.Pursuant to Section 286.25,Florida Statutes,in publicizing, advertising,or describing the sponsorship of the program the Grantee shall include the following statement: Page:5 Page 135 of 940 a. 'This project is sponsored in part by the Department of State,Division of Historical Resources and the State of Florida."Any variation in this language must receive prior approval in writing by the Division. b. All site-specific projects must include a Project identification sign,with the aforementioned language,that must be placed on site.The cost of preparation and erection of the Project identification sign are allowable project costs. Routine maintenance costs of Project signs are not allowable project costs.A photograph of the aforementioned sign must be submitted to the Division as soon as it is erected. 11. Encumbrance of Funds.The Grantee shall execute a binding contract for at least a part of the Scope of Work by September 30 of the grant period,except as allowed below. a. Extension of Encumbrance Deadline:The encumbrance deadline indicated above may be extended by written approval of the Division.To be eligible for this extension,the Grantee must demonstrate to the Division that encumbrance of grant funding and the required match by binding contract(s)is achievable by the end of the requested extended encumbrance period. The Grantee's written request for extension of the encumbrance deadline must be submitted to the Department no later than fifteen(15)days prior to the encumbrance deadline indicated above.The maximum extension of the encumbrance period shall be thirty(30)days. b. Encumbrance Deadline Exception:For projects not involving contract services the Grantee and the Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule. 12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division.All reports shall document the completion of any deliverables/tasks,expenses and activities that occurred during that reporting period.All reports on grant progress will be submitted online via ° f�dm ~ .,, . a. First Project Progress Report is due by October 31,for the period ending September 30. b. Second Project Progress Report is due by January 31,for the period ending December 31. c. Third Project Progress Report is due by April 30,for the period ending March 31. d. Final Report. The Grantee must submit a Final Report to the Division within one month of the Grant Period End Date set forth in Section 2 above. 13. Matching Funds.The Grantee is required to provide a 100%match.Of the required match,a minimum 25%of the match must be a cash match.The remaining match may include in-kind services,volunteer labor,donated materials,and additional cash.For projects located in Rural Economic Development Initiative(REDI)counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561,Florida Statutes,Grantees may request a reduction of the match amount.a waiver for the match amount.Grantees that are Certified Local Government(CLG)organizations and Main Street Program organizations are not required to provide a match.The Grantee must submit documentation that the minimum match requirements have been met and provide to the Division documentation evidencing expenses incurred to comply with this requirement. 14. Grant Completion Deadline.The grant completion deadline is the end date of this Agreement set forth in Section 2 above.The Grant Completion Deadline is the date when all grant and matching funds have been paid out and expended in accordance with the work described in the Scope of Work,detailed in the Estimated Project Budget.If the Grantee finds it necessary to request an extension of the Grant Completion Deadline,an Amendment to the Agreement must be executed as per Section 7,and the stipulations in Section 15 must be met. 15. Extension of the Grant Completion Deadline.An extension of the completion date must be requested at least thirty (30)days prior to the end of the Grant Period and may not exceed 30 days,unless the Grantee can clearly demonstrate extenuating circumstances.An extenuating circumstance is one that is beyond the control of the Grantee,and one that prevents timely completion of the Project such as a natural disaster,death or serious illness of the individual responsible for the completion of the Project,litigation related to the Project,or failure of the contractor or architect to provide the services for which they were contracted to provide.An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to raise sufficient matching funds.Changes to the Page:6 Page 136 of 940 original completion deadline shall be valid only when requested in writing,approved by the Division,and an Amendment to the Agreement has been executed by both parties and attached to the original of this Agreement. 16. Non-allowable Grant Expenditures.The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated.E xpenditures shall be in compliance with the state guidelines for allowable Project costs as outlined in the Department of Financial Services'Reference Guide for State Expenditures(revised 3/10/2011),which are incorporated by reference and are available online at P is r-9:lide The following categories of expenditures are non-allowable for expenditure of grant funds and as contributions to required match: a. Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement; b. Costs of goods and services not procured in accordance with procurement procedures set forth in theGrant Award Agreement and Chapter 287 of the Florida Statutes; c. Expenses incurred or obligated prior to or after the Grant Period,as indicated in the Grant Award Agreement; d. Expenses associated with lobbying or attempting to influence Federal,State,or local legislation,the judicial branch, or any state agency; e. Expenditures for work not consistent with the applicable historic preservation standards as outlined in the Secretary of the Interior's Guidelines available at l: ,. . tai ori It: tat ili standards available at l SW �rAls t":Atin or applicable industry standards; f. Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation regulatory requirements,specifically,costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966,as amended,or under Section 267.031,F.S.; g. Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or access, which shall include restricting access on the basis of sex,race,color,religion,national origin,disability,age, pregnancy,handicap,or marital status, h. Entertainment,food,beverages,plaques,awards,or gifts, i. Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of the Grant Award Agreement; j. Indirect costs including Grantee overhead,management expenses,general operating costs and other costs that are not readily identifiable as expenditures for the materials and services required to complete the work identified in the Scope of Work in the Grant Award Agreement.Examples of indirect costs include:rent/mortgage,utilities,janitorial services,insurance,accounting,internet service,monthly expenses associated to security systems,non-grant related administrative and clerical staffing,marketing,and fundraising activities; k. Administrative expenditures such as expenditures that are directly attributable to management of the grant-assisted Project and meeting the reporting and associated requirements of the Grant Award Agreement,whether grant expenditures or match contributions,which in aggregate exceed 5%of the grant award amount, 1. Grantee operational support(i.e.,organization salaries not directly related to grant activities,travel expenditures; per diem;or supplies); in. Insurance costs; n. Capital improvements to non-historic properties;or non-historic additions to a Historic Property(Exception:pre- approved items of work for Museum Exhibit projects); o. Capital improvements to the interior of Religious Properties(Exception:repairs to primary elements of the structural system.Examples include:foundation repairs,repairs to columns,load bearing wall framing,roof framing, masonry repairs,and window and exterior door repairs and restoration practices associated with the building envelope); R Code-required Accessibility improvements for Religious Properties; q. Vehicular circulation(drives/driveways)within the property or from the property to surrounding streets and parking(Exception:provision of code-required handicapped parking pad(s)); r. Sidewalks,paths,walkways,landscape features and accessories,planting,irrigation systems and site lighting (Exceptions:sidewalk required to link the code-required handicapped parking pad(s)to the accessible entry; planting/sodding required to halt documented erosion;pruning,removal,or relocation of trees posing an immediate threat to the historic or archaeological resource;and limited site lighting required for security,all if approved by the Page:7 Page 137 of 940 Division); s. Fences and gates(Exception:restoration or in-kind replacement of damaged or missing historic fences,gates,or sections of these); t. Furniture and Equipment.(a)Expenditures for furniture and equipment including but not limited to:desks,tables, seating,rugs and mats,artwork and decorations,window treatments,computers,cameras,printers,scanners, appliances,case goods(including cabinets,countertops,or bookshelves),new or replacement casework,systems' furniture,portable lighting fixtures,portable sound or projection systems,specialty fixtures and equipment,visual display units,total stations,movable partitions,and acoustical treatments and components,unless specific prior approval has been granted by the Division.(b)If special equipment is required for completion of the Project,it shall be rented for the grant term unless it can be shown that acquiring the equipment is cheaper than renting the equipment and approval has been provided by the Division as part of the documentation presented at the time of application.If the value of special equipment is to be used as a match contribution,the value of the match contribution shall be limited to the cost of rental for the Grant Period at the market rate for such rental in the region, u. Costs associated with attending or hosting conferences,summits,workshops,or presentations;and v. Travel expenditures,including those of personnel responsible for items of work approved by the Division, administrative personnel,contracted or subcontracted employees,either for purposes of work on-site or research off- site. 17. Unobligated and Unearned Funds and Allowable Costs.In accordance with Section 215.971,Florida Statutes,the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee.In addition,funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency.Further,the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period.Expenditures of state financial assistance must be in compliance with the laws,rules,and regulations applicable to expenditures of State funds,including,but not limited to,the Reference Guide for State Expenditures. 18. Repayment.All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of the"Department of State"and mailed directly to the following address:Florida Department of State, Attention:Grants Program Supervisor,Division of Historical Resources,500 South Bronough Street Tallahassee,FL 32399.In accordance with Section 215.34(2),Florida Statutes,if a check or other draft is returned to the Department for collection,Grantee shall pay to the Department a service fee of$15.00 or five percent(5%)of the face amount of the returned check or draft,whichever is greater. 19. Single Audit Act.Each Grantee,other than a Grantee that is a State agency,shall submit to an audit pursuant to Section 215.97,Florida Statutes.See Attachment B for additional information regarding this requirement. 20. Retention of Accounting Records.Financial records,supporting documents,statistical records,and all other records including electronic storage media pertinent to the Project shall be retained for a period of five(5)years after the close out of the grant.If any litigation or audit is initiated,or claim made,before the expiration of the five-year period,the records shall be retained until the litigation,audit,or claim has been resolved. 21. Obligation to Provide State Access to Grant Records.The Grantee must make all grant records of expenditures, copies of reports,books,and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits,examinations,excerpts,and transcripts. 22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119,Florida Statutes,known as the Florida Public Records Act.The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended,in an interest bearing account pursuant to Section 216.181(16)(b),Florida Statutes. Interest Page:8 Page 138 of 940 earned on such investments should be returned to the Division quarterly,except that interest accrued less than$100 within any quarter may be held until the next quarter when the accrued interest totals more than$100. All interest accrued and not paid to the Division,regardless of amount,must be submitted with the Grantee's final Progress Report at the end of the Grant Period. 24. Noncompliance with Grant Requirements. Noncompliance with Grant Requirements.Any Grantee that has not submitted required reports or satisfied other administrative requirements for this grantee or other Division of Historical Resources grants or grants from any other Florida Department of State(DOS)Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure.Grant compliance issues must be resolved before a grant award agreement may be executed,and before grant payments for any DOS grant may be released. 25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a. The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance,and expenditure of state funds; b. Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division. c. An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. d. The name of the account(s)must include the grant award number; e. The Grantee's accounting records must have effective control over and accountability for all funds,property,and other assets;and f. Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre- audit and post-audit(such as invoices,bills,and canceled checks). 26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature,or the United States Congress in the case of a federally funded grant. United States Congress in the case of a federally funded grant.In the event that the state or federal funds upon which this Agreement is dependent are withdrawn,this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee,beyond those amounts already released prior to the termination date.Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed.In the event of a state revenue shortfall,the total grant may be reduced accordingly. 27. Independent Contractor Status of Grantee. The Grantee,if not a state agency,agrees that its officers,agents and employees,in performance of this Agreement,shall act in the capacity of independent contractors and not as officers, agents,or employees of the state.The Grantee is not entitled to accrue any benefits of state employment including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement.The Grantee may subcontract,as necessary,to perform the services and to provide commodities required by this Agreement.The Division shall not be liable to any subcontractor(s)for any expenses or liabilities incurred under the Grantee's subcontract(s),and the Grantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its subcontract(s).The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be"independent contractors"and will not be considered or permitted to be agents, servants,joint ventures,or partners of the Division. Page:9 Page 139 of 940 29. Liability. The Division will not assume any liability for the acts,omissions to act,or negligence of,the Grantee,its agents,servants,or employees;nor may the Grantee exclude liability for its own acts,omissions to act,or negligence,to the Division. a. The Grantee shall be responsible for claims of any nature,including but not limited to injury,death,and property damage arising out of activities related to this Agreement by the Grantee,its agents,servants,employees,and subcontractors.The Grantee,other than a Grantee which is the State or the State's agencies or subdivisions,as defined in Section 768.28,Florida Statutes,shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense.If the Grantee is governed by Section 768.28, Florida Statutes,it shall only be obligated in accordance with that Section. b. Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity,or increases the limits of its liability,by entering into this Agreement. c. The Division shall not be liable for attorney fees,interest late charges or service fees,or cost of collection related to this Agreement. d. The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement,including entering into subcontracts with vendors for services and commodities;and provided that it is understood by the Grantee that the Division shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 30. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local,state and federal law. 31. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement,or against any applicant for employment because of race,color,religion,gender,national origin,age,pregnancey,handicap or marital status.The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 32. Breach of Agreement. The Division will demand the return of grant funds already received,will withhold subsequent payments,and/or will terminate this agreement if the Grantee improperly expends and manages grant funds,fails to prepare,preserve or surrender records required by this Agreement,or otherwise violates this Agreement. 33. Termination of Agreement. a. Termination by the Division.The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event,the Division will provide the Grantee a notice of its violation by letter,and shall give the Grantee fifteen(15)calendar days from the date of receipt to cure its violation. if the violation is not cured within the stated period,the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager,personally,or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement,the Grantee will be compensated for any work completed in accordance with this Agreement,prior to the notification of termination,if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division,with interest within thirty(30)days after termination of this Agreement.The Division does not waive any of its rights to additional damages,if grant funds are returned under this Section. b. Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds.The two parties will agree upon the termination conditions,including the effective date,and in the cause of partial terminations,the portion to be terminated. Page:10 Page 140 of 940 c. Termination by Grantee.The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation.After the initial payment,the Project may be terminated,modified,or amended by the Grantee only by mutual agreement of the Grantee and the Division. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 34. Preservation of Remedies. No delay or omission to exercise any right,power,or remedy accruing to either party upon breach or violation by either party under this Agreement,shall impair any such right,power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default,or any similar breach or default. 35. Non-Assignment of Agreement. The Grantee may not assign,sublicense nor otherwise transfer its rights,duties or obligations under this Agreement without the prior written consent of the Division,which consent shall not unreasonably be withheld.The agreement transferee must demonstrate compliance with the requirements of the Project.If the Division approves a transfer of the Grantee's obligations,the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement.In the event the Legislature transfers the rights,duties,and obligations of the Division to another governmental entity pursuant to Section 20.06,Florida Statutes,or otherwise,the rights,duties,and obligations under this Agreement shall be transferred to the successor governmental agency as if it was the original party to this Agreement. 36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project in accordance with Section 287.057, Florida Statutes. 37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326,Florida Statutes,and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions.In addition,no Grantee official,employee,or consultant who is authorized in his or her official capacity to negotiate,make,accept,approve,or take part in decisions regarding a contract,subcontract,or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract,subcontract or other agreement in which he or she has any financial or other interest,or in which his or her spouse,child,parent,or partner,or any organization in which he or she is serving as an officer,director,trustee,partner,or employee of which he or she has or is negotiating any arrangement concerning employment has such interest.Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore,the spouse,child,parent,or partner of an officer,director,trustee,partner,or employee of the grantee shall not receive grant funds,unless specifically authorized in writing by the General Counsel for the Department of State to avoid a potential violation of those statutes. 38. Sinding of Successors. This Agreement shall bind the successors,assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Historical Resources. 39. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A(a)of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement. 40. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable,the remainder will remain in full force and effect,and such term or provision shall be deemed stricken. 41. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513,Florida Statutes,and the Americans with Disabilities Act of 1990 as amended(42 U.S.C.12101, et seq.),which is incorporated herein by reference. 42. Governing Law. This Agreement shall be construed,performed,and enforced in all respects in accordance with the laws and rules of Florida.Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 43. Entire Agreement. The entire Agreement of the parties consists of the following documents: Page:11 Page 141 of 940 a. This Agreement b. Estimated Project Budget(Attachment A) c. Single Audit Act Requirements and Exhibit I(Attachment B) Page:12 Page 142 of 940 In acknowledgment of this grant, provided from funds appropriated in the FY 2018-2019 General Appropriation Act,I hereby certify that I have read this entire Agreement,and will comply with all of its requirements. Department of State: By: Grantee: Dr.Timothy Parsons,Division Director By: Authorizing Official for the Grantee Date Typed name and title Date Page:13 Page 143 of 940 ATTACHMENT A Estimated Project Budget .— _ .....�.. ,,,. __ a..�... Grant Funds Cash Match In KindMatch Description $0 $0 $2,337 Grant Management _ _ $0 $0 $3,519 Project Management _ — $3,000 $0 $0 Specifications and Drawings Soffit,Fascia,and Flashing $20,000 $0 $0 Repairs $15,000 $0 $0 Flooring Repairs Preparing and Painting $12,000 1 $8,000 Building Page:14 Page 144 of 940 ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REOUREMENTS The administration of resources awarded by the Department of S tate to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97,Florida Statutes, monitoring procedures may include,but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 C F R 2§200.425,and/or other procedures. By entering into this agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I:FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR 200.90, 200.64&200.70 as revised. 1. In the event that the recipient expends$750,000 for fiscal years ending after December 31,2014 or more during the non- Federal entity's fiscal year in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of 2CFR 200.501. Exhibit 1 to this agreement indicates Federal resources awarded through the Department of State.The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514,as revised,will meet the requirement of this part. 2. In connection with the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508. 3. If the recipient expends less than$750,000 for fiscal years ending after December 31,2014 in Federal awards in its fiscal year,an audit conducted in accordance with the provisions of 2 CFR 200.501 is not required. In the event that the recipient expends less than$750,000 for fiscal years ending after December 31,2014 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200.501,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (d)Exemption when Federal awards expended are less than$750,000.Anon-Federal entity that expends less than$750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year,except as noted in 2 CFR£200.503 Relation to other audit requirements,but records must be available for review or audit by appropriate officials of the Federal agency,pass-through entity,and Government Accountability Office(GAO). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S.Government Printing Office www.ecfr.gov Page:15 Page 145 of 940 PART II:STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)0),Florida Statutes 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such recipient(for fiscal years ending after June 30,2016),the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rales of the Executive Office of the Governor and the Chief Financial Officer,and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of State,other state agencies,and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matdning requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1,the recipient shall ensure that the audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d),Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending after June 30,2016),an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year ending after June 30,2016 and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the nonstate entity's resources(Le.,the cost of such an audit must be paid from the recipients resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services(Chief Financial Officer) ht //www fldfs com/ State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act)http.//www.leg.state.fl.uq PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by PART 1 of this agreement shall be submitted,when required by Section.320(d),OMB Circular A-133,as revised,by or on behalf of the recipient directly to each of the following: A The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R.A Gray Building,Room 114A Page:16 Page 146 of 940 500 South Bronough St. Tallahassee,FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133,as revised(the number of copies required by Sections.320(d)(1)and(2),OMB Circular A 133,as revised,should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10 th Street Jeffersonville,IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(0,OMB Circular A-133, as revised. 2. Copies of financial reporting packages required by PART H of this agreement shall be submitted by or on behalf of the recipientdirectl�_to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R A Gray Building,Room 114A 500 South Bronough St. Tallahassee,FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401,Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 3. Any reports,management letter,or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 4. Recipients,when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued,and shall allow the Department of State,or its designee,CFO,or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State,or its designee,CFO,or Auditor General upon request for a period of at least three years from the date the audit report is issued,unless extended in writing by the Department of State. Page:17 Page 147 of 940 EXHIBIT-1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. TATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: BATCHING RESOURCES FOR FEDERAL PROGRAMS Not applicable. SUBJECT TO SECTION 215 97 FLORIDA STATUTES: Florida Department of State Historic Preservation Grants;CSFA Number 45.031.Award Amount:$50,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four(State Project Compliance Requirements)of the State Projects Compliance Supplement located at iii : i .tis i°'r Ifra? Page:18 Page 148 of 940 6.E. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-135-Authorize the City Manager to sign a contract with Tri-County Mobile Wash, Inc. DBA Superior Wash utilizing the City of Deerfield's contract#2016-17/21 with an estimated annual expenditure of$80,000 for the washing of trucks and engines. Finance has reviewed and determined that the City of Deerfield's procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Superior Wash provides weekly soap, brush and rinse service for garbage trucks&service trucks. They also provide monthly engine washes for the garbage and service trucks. Washing the trucks and engines will support the Fleet Division with the preventative maintenance process by reaching rubbish and corroded areas which is hard for technicians to address. We are requesting a blanket with an annual estimated expenditure of$80,000 effective through September 30, 2019, piggybacking the City of Deerfield Contract#2016-17/21. (Superior Wash—Contract&Authorization Letter attached) The weekly washing price is: Garbage Truck- $25.00 each Service Truck- $8.00 each The monthly charge for engine washes is$15.00 each. The Public Works Department Solid Waste Division began services with Superior Wash in July 2018 and are satisfied with the services provided. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Having the trucks washed on a weekly basis will help with maintaining and prolonging the life and appearance of the equipment. FISCAL IMPACT: Budgeted Funding is budgeted through the 501-5000-590-09-82 charge back account. ALTERNATIVES: Do not utilize City of Deerfield's contract and the City issue its own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 149 of 940 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Superior Wash START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Three, one year option to renew. ATTACHMENTS: Type Description D Resolution Resolution approving Agreement with Tri-County Mobile Wash d/b/a Superior Wash D Agreement Piggy-back Agreement with Tri-County Mobile Wash d/b/a Superior Wash Agenda Attachment® Superior Wash ® 2019 D Contract Blanket Request® Washing Services Back Up- Contract&Authorization Letter Page 150 of 940 1 2 RESOLUTION NO. R18- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING PIGGY-BACKING A CITY OF 6 DEERFIELD BEACH CONTRACT #2016-17/21 WITH TRI- 7 COUNTY MOBILE WASH, INC., D/B/A SUPERIOR WASH 8 IN AN ESTIMATED ANNUAL EXPENDITURE OF 9 $80,000.00; AUTHORIZING THE CITY MANAGER TO 10 SIGN A CONTRACT WITH TRI-COUNTY MOBILE WASH, 11 INC., D/B/A SUPERIOR WASH; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, City staff has confirmed that the City of Deerfield Beach's 15 procurement process satisfies the City of Boynton Beach's competitive bid requirements; 16 and 17 WHEREAS,upon recommendation of staff,it is the City's desire to piggy-back the 18 City of Deerfield Beach contract #2016-17/21 with Tri-County Mobile Wash, Inc., d/b/a 19 Superior Wash to provide City-wide vehicle washing services for an estimated annual 20 expenditure of$80,000.00. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution upon 25 adoption. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 27 approves piggy-backing the City of Deerfield Beach contract#2016-17/21 with Tri-County 28 Mobile Wash, Inc., d/b/a Superior Wash to provide City-wide vehicle washing services for 29 an estimated annual expenditure of$80,000.00. 30 Section 3. The City Manager is hereby authorized to sign a contract with Tri- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\F7B03579-E86B-4FAD-B2A8-8608F9D51068\Boynton Beach.12526.1.Piggy-Back_(Deerfield Beach)_-_Superior Wash -_Reso.docx Page 151 of 940 31 County Mobile Wash, Inc., d/b/a Superior Wash, a copy of which is attached hereto as 32 Exhibit"A". 33 Section 4. That this Resolution shall become effective immediately. 34 PASSED AND ADOPTED this day of , 2018. 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor— Christina L. Romelus 41 42 Commissioner—Mack McCray 43 44 Commissioner—Justin Katz 45 46 Commissioner—Joe Casello 47 48 VOTE 49 ATTEST: 50 51 52 53 Judith A. Pyle, CMC 54 City Clerk 55 56 57 (Corporate Seal) 58 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\F7B03579-E86B-4FAD-B2A8-8608F9D51068\Boynton Beach.12526.1.Piggy-Back_(Deerfield Beach)_-_Superior Wash -_Reso.docx Page 152 of 940 CONTRACT FOR CITY-WIDE VEHICLE WASHING SERVICES This Agreement is by and between TRI-COUNTY MOBILE WASH, INC., d/b/a SUPERIOR WASH, a Florida Corporation, with offices at 1020 NE 44th Street, Oakland Park,FL 33334("SUPERIOR"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the"City"). RECITALS WHEREAS, washing the trucks and engines will support the Fleet Division with the preventative maintenance process by reaching rubbish and corroded areas which are hard for technicians to address; and WHEREAS, SUPERIOR,has agreed to allow the City to piggy-back the City of Deerfield Beach Contract No. ITB #2016-17/21 to provide City-wide vehicle washing services for an estimated annual expenditure of$80,000.00 at prices based on City of Deerfield Beach contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and SUPERIOR agree that SUPERIOR shall provide City-wide vehicle washing services for an estimated annual expenditure of $80,000.00 at prices based on City of Deerfield Beach contract#ITB 2016-17/21, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the City of Deerfield Beach shall be deemed as references to the City of Boynton Beach. B. Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days Page 1 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\684B924C-5528-40DC-81EF-2D918E93CEC8\Boynton Beach.12525.1.Piggyback Deerfield Beach_(Tri-County_Mobile)_Truck Wash_(2018).docx Page 153 of 940 from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. C. Any reference to Broward County shall be accepted as Fifteenth Judicial Circuit, Palm Beach County, Florida. D. 6.2 AUDIT RIGHT AND RETENTION OF RECORDS. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 3301 QUANTUM BLVD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Page 2 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\684B924C-5528-40DC-81EF-2D918E93CEC8\Boynton Beach.12525.1.Piggyback Deerfield Beach_(Tri-County_Mobile)_Truck Wash_(2018).docx Page 154 of 940 E. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 And to the Contractor at: SUPERIOR WASH 1020 NE 44th Street Oakland Park, FL 33334 Section 3. In the event that the City of Deerfield Beach Contract is amended, or terminated, SUPERIOR shall notify the City within ten (10) days. In the event the City of Deerfield Beach Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. SUPERIOR agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition,including fees, charges or costs,which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of Deerfield Beach Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. Page 3 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\684B924C-5528-40DC-81EF-2D918E93CEC8\Boynton Beach.12525.1.Piggyback Deerfield Beach_(Tri-County_Mobile)_Truck Wash_(2018).docx Page 155 of 940 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager Judith A. Pyle, CMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney Date TRI-COUNTY MOBILE WASH, INC., d/b/a SUPERIOR WASH WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Date Page 4 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\684B924C-5528-40DC-81EF-2D918E93CEC8\Boynton Beach.12525.1.Piggyback Deerfield Beach_(Tri-County_Mobile)_Truck Wash_(2018).docx Page 156 of 940 EXHIBIT A AGREEMENT BETWEEN CITY OF DEERFIELD BEACH AND TRI-COUNTY MOBILE WASH,INC.,d/b/a SUPERIOR WASH Page 5 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\684B924C-5528-40DC-81EF-2D918E93CEC8\Boynton Beach.12525.1.Piggyback Deerfield Beach_(Tri-County_Mobile)_Truck Wash_(2018).docx Page 157 Of 940 f� Quote # 1744- 18 Date: 06/27/2018 From: Mitchell Kalakore - mitchk@sul2eriorwash.com To: Bill Darty ( dartyw@bbfl.us ) mom any: City of Boynton Beach 222 NE 9th Ave. Boynton Beach, FL 33435 Office: (561) 742-6215 Cell: (561) 742-6215 Vehicle Type Unit Count Price Per Unit Wash Frequency Garbage Trucks 50 $25.00 each I $30.00 weekly I every other each week Service Trucks 5 $8.00 each weekly 1 every other week Engine Washes $20.00 each monthly Spill Cleanups $100.00 per hour - 2 on-call hour minimum aiudes: •Soap, Brush & Rinse EVERY vehicle eAluminum Brightener • EPA Approved - Waste Water Recovery 1 Spill Cleanups FDA Approved - Food Grade Vehicle Washouts • Full Insurance - Business Liability, Workers Comp, Environmental Protection •24 Hour Customer Service httr):llwww.sul2eriorwash.com Page 158 of 940 6/28/18 e 4 T e T e le 5/28/18 Adrianna, This letter is to authorize the City of Boynton Beach to piggyback off the contract with the City of Deerfield Beach. Feel free to contact me with any questions. Best Regards, Mitchell Kalakore Superior Wash VP of Operations 954-531-2109 Page 159 of 940 F. DATE(MMIDtSCERTIFICATE OF LIABILITY INSURANCE 28/201.6 THIS CERTIFICATE 15 ISSUED ASA MATTER OF INFORMATION ONLY AD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEW T IS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXT OR ALTER THE COVERAGE AFFORDED THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTH IED REPRESENTATIVE OR PRODUCER,A THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the Policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the rats and conditions of the Policy,certain Policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu o such endorsement(s). PRODUCER CONTACT,loan Neu KA MEw_........... Joseph Walters Insurance PHONE {800)878-3608 FAX (724)929-3738 IOm NL~h:.E.�O 4552 Route 51 SouthE-MAIL 3 can@ jwagencymcom INSURER($,)AFFORDING COVERAGE NAIC 4 elle Vernon PA 15012 INSURER hi _A o. Security Ins- Co. 24062 INSURED � INSURERa:Ohio Casualty Ins Co ,24074 Superior wash., Tri County Mobile Wash Inc OSA IINsuRERC:C Forster Specialty 44520 320 S Flamingo Rd PMB 116 INSURER D: INSURER E: Pembroke Pines FL 33027 INSURERF: COVERAGES CERTIFICATE NUMBER:8/1.7-18 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS ....,.... .. __._..... .. __...... --. .AOOLU� -. ----. _.. POLICYEFF FOLICYE ---. --. TYPE OF INSURANCE 'A rt raxo,±t POLICY NUMBER ?MMfnDYYYYJ 'M O LIM -- COMMERCIAL GENERAL LIABILITY ',..EACH OCCURRENCE. :$ 1,000,000 DAMAGE TO --. . CLAIMS-MADE occuR Boa oa.. EMS54234689 6/22/2017 9/22/2D16 MED EXP(Anyone person) $ ---- -15,000_ ,000,0001 PERSONAL&ADV INJURY ,$ 1.......... ........_..._.. ..GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE.-. .$ --. 2,000,000 POLICY[7X PRO- ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ,.n Eaaccidentr... ..... . .. ...... ..''.,ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _._._..................._..,.,..- ..._ NON-OWNED PROPERTY DAMAGE '...$ °. HIRED AUTOS '.....AUTOS ,'Per accident:_ X UMBRELLA LIAR X..,OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS UAB CLAIMS-MA®E AGGREGATE $ 5,000,000 .DED X RETENTIONS 10,000 :US054234689 8/22/2017 8/22/2010 is WORKERS COMPENSATIONPER oTH- _..__ AND EMPLOYERS'LIABILITY YIN: _... ER ANY PROPRIETORIPARTNER(EXECUTIVE E.L EACH ACCIDENT � _77 $ OFFICERIMEMBER EXCLUDED? NIA " .............-- -- -- J(Mandatary In NH) ' E.L.DISEASE-EA EMPLOYE.;$ If yes,describe under --. .' DESCRIPTION OF OPERATIONS below :E.L.DISEASE-POLICY LIMIT $ C Contractors' Pollution CPL107530 8/22/2017 6/22/2018 °.Occurrence $1,000,000 Liability - $2,500 Ded Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The City of Boynton Peach, its officers, employees and agents are named as additional insured on the commercial general liability policy with respect to ongoing operations of the named insured (if required by written contract) . CERTIFICATE HOL E CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Boyiiton Reach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 E Boynton Beach Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE Joan Neta/JO ELT 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025 t2ounll Page 160 of 940 Formw_9 Request for Taxpayer Give Form to the (Rev.November 2017) Identification Number and Certification t1requester.Do not Department of the Treasury send to the IRS. internal Revenue Service P Go to wisamirs.gicarlFormW9 for instructions and the latest information. I Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. TRI-COUNTY MOBILE WASH INC. 2 Business name/disregarded entity name,ff different front above�_` -SUPERIOR WASH ---—--------- —------ 3 Check appropriate box for fed tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to following seven boxes. certain entities,not individuals;see instructions on page 3): U Individuallsole proprietor or 0 C Corporation R1 S Corporation El Partnership El Trustiestate 0 0 single-member LLC Exempt payee code(If any) CL 0 33 Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Paftnership)ao P, 0 Note.,Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting 0 ULC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code iff any) E another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that 0. 0 is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other(see instructions)10- (Applies to—na­Wled outside Mg U.S.) 5 Address(number,street,and apt.or suite no.)See instruction;. Requester's name and address(optionali) 1020 NE 44th Street 6 City,state,and ZIP code Oakland Park,FL 33334 7 List account number(s)here(optional) [=_�Taxpayer Identification Nurnber,(TINL,.,,"_ ............ iter your TIN in the appropriate box.The TIN provided must match the name given on line I to avoid Social seouaty number... backup withholding,For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part 1,later,For other entities,it is your employer identification number(El N)o If you do not have a num bar,see How to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Number To Give the Requester for guidelines on whose on nn her to enter. [35] 2 3 52 CI CM83-Certification J_J­ ............... Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividen t--Y—are not ]'red to sign the certification,but you must provide your correct TIN.Seethe instructions for Part 11,later. ­ J ......................... ------- Sig n signatureoI Here � U.S.perso. Date 01 ........... General Instructions -Form 1099- IV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise a Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments a Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to%vw%rjrs.gov1Fornd4d1. a Form 1099-5(proceeds from real estate transactions) Purpose of Form -Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an -Form 1098(home mortgage interest),1098-E(student ban interest), Information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number &Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption a Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number Use Forrin W-9 only if you are a U.S.person(including a resident (EIN),to report on an information return the amount paid to you,or other alien),to provide your correct TIN, amount reportable on an information return.Examples of information returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a 771V you might Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No,10231X Form W-9(Rev.11-2017) Page 161 of 940 Form w®s(Rev.11-2017) Page 2 By signing the filled-out form,you: ampfv.Article 20 of the U.S.-China income tax treaty allows an 1.Certify that the TIN you are giving is correct(or you are waiting for a exemption from tax for scholarship income received by a Chinese number to be issued), student temporarily present in the United States.Under U.S.law,this student will become a resident alien fort purposes if his or her stay in 2.Certify that you are not subject to backup withholding,or the United States exceeds 5 calendar years.However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, 1984)allows 3®Claim exemption from backup withholding if you are a U.S.exempt the provisions of Article 20 to continue to apply even after the Chinese payee.If applicable,you are also certifying that as a U.S.person,your student becomes a resident alien of the United States,A Chinese allocable share of any partnership income from a U.S.trade or business student who qualifies for this exception(under paragraph 2 of the first is not subject to the withholding tax on foreign partners'share of protocol)and is relying on this exception to claim an exemption from tax effectively connected income,and on his or her scholarship or fellowship income would attach to Form 4.Certify that FATCA code(s)entered on this form(if any)indicating W-9 a statement that includes the information described above to support that exemption. that you are exempt from the FATCA reporting,is correct.See What is FATCA reporting,later,for further information. If you are a nonresident alien or a foreign entity,give the requester the appropriate completed Form W-8 or Form 8233. Nate:If you are a U.S.person and a requester gives you a form other than Form W-9 to request your TIN,you must use the requester's form if Backup Withholding it is substantially similar to this Form W-9. What is backup withholding?Persons making certain payments to you Definition of a U.S.person,For federal tax purposes,you are must under certain conditions withhold and pay to the IRS 28%of such considered a U.S.person if you are: payments.This is called"backup withholding." Payments that may be •An individual who is a U.S.citizen or U.S.resident alien; subject to backup withholding include interest,tax-exempt interest, •A partnership,corporation,company,or association created or 6vidends,broker and barter exchange transactions,rents,royalties, organized in the United States or under the laws of the United States; nonemployee pay,payments made in settlement of payment card and third party network transactions,and certain payments from fishing boat •An estate(other than a foreign estate);or operators.Real estate transactions are not subject to backup •A domestic trust(as defined in Regulations section 301.7701-7). withholding. Special rules for partnerships.Partnerships that conduct a trade or You will not be subject to backup withholding on payments you business in the United States are generally required to pay a withholding receive if you give the requester your correct TIN,make the proper tax under section 1446 on any foreign partners'share of effectively certifications,and report all your taxable interest and dividends on your connected taxable income from such business.Further,in certain cases tax return. where a Form W-9 has not been received,the rules under section 1446 Payments you receive will be subject to backup withholding if: require a partnership to presume that a partner is a foreign person,and 1.You do not furnish your TIN to the requester, pay the section 1446 withholding tax.Therefore,if you are a U.S.person that is a partner in a partnership conducting a trade or business in the 2.You do not certify your TIN when required(see the instructions for United States,provide Form 1h'-9 to the partnership to establish your Part 11 for details), U.S.status and avoid section 1446 withholding on your share of 3.The IRS tells the requester that you furnished an incorrect TIN, partnership income. 4.The IRS tells you that you are subject to backup withholding In the cases below,the following person must give Form W-9 to the because you did not report all your interest and dividends on your tax partnership for purposes of establishing its U.S.status and avoiding return(for reportable interest and dividends only),or withholding on its allocable share of net income from the partnership 5.You do not certify to the requester that you are not subject to conducting a trade or business in the United States. backup withholding under 4 above(for reportable interest and dividend *In the case of a disregarded entity with a U.S.owner,the U.S.owner accounts opened after 1983 only). of the disregarded entity and not the entity; Certain payees and payments are exempt from backup withholding, ®In the case of a grantor trust with a U.S.grantor or other U.S.owner, See Exempt payee code,later,and the separate Instructions for the generally,the U.S,grantor or other U.S.owner of the grantor trust and Requester of Form W-9 for more information. not the trust;and Also see Special rules for partnerships,earlier. a In the case of a U.S.trust(other than a grantor trust),the U.S.trust (other than a grantor trust)and not the beneficiaries of the trust. What is FATCA Reporting? Foreign person.If you are a foreign person or the U.S.branch of a The Foreign Account Tax Compliance Act(FATCA)requires a foreign bank that has elected to be treated as a U.S.person,do not use participating foreign financial institution to report all United States Form W-9.Instead,use the appropriate Form W-8 or Form 8233(see account holders that are specified United States persons.Certain Pub.515,Withholding of Tax on Nonresident Aliens and Foreign payees are exempt from FATCA reporting.See Exemption from FATCA Entities). reporting code,later,and the Instructions for the Requester of Form Nonresident alien who becomes a resident alien.Generally,only a W-9 for more information. nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on certain types of income.However,most tax Updating Your Information treaties contain a provision known as a"saving clause."Exceptions You must provide updated information to any person to whom you specified in the saving clause may permit an exemption from tax to claimed to be an exempt payee if you are no longer an exempt payee continue for certain types of income even after the payee has otherwise and anticipate receiving reportable payments in the future from this become a U.S.resident alien fort purposes. person.For example,you may need to provide updated information if If you are a U.S.resident alien who is relying on an exception you are a C corporation that elects to be an S corporation,or if you no contained in the saving clause of a tax treaty to claim an exemption longer are tax exempt.In addition,you must furnish a new Form W-9 it from U.S.tax on certain types of income,you must attach a statement the name or TIN changes for the account;for example,if the grantor of a to Form W-9 that specifies the following five items, grantor trust dies. 1.The treaty country.Generally,this must be the same treaty under which you claimed exemption from tax as a nonresident alien. Penalties 2.The treaty article addressing the income. Failure to furnish TIN.If you fail to furnish your correct TIN to a 3.The article number(or location)in the tax treaty that contains the requester,you are subject to a penalty of$50 for each such failure saving clause and its exceptions. unless your fallure is due to reasonable cause and not to willful neglect. 4.The type and amount of income that qualifies for the exemption from tax. Civil penatty for false infonination with respeut to withholding.If you make a false statement with no reasonable basis that results in no 5.Sufficient facts to justify the exemption from tax under the terms of backup withholding,you are subject to a$500 penalty. the treaty article. Page 162 of 940 Form W-9;Rev,11-2017) Page Criminal penalty for falsifying information.Willfully falsifying �IF the entitylperson on lime 1 is THEN check the box for... certifications or affirmations may subject you to criminal penalties a(n)... including fines and/or imprisonment. Misuse of Tl s.If the requester discloses or uses TINS in violation of u Corporation Corporation federal lain,the requester may be subject to civil and criminal penalties. $ individual Individualfsole proprietor or single- * Sole proprietorship,or member LLC Specific Instructions e Single-member limited liability company(LLC)owned by an Line 1 individual and disregarded for U.S. You must enter one of the following on this line;do not leave this line federal tare purposes. _..-..-m blank.The name should match the naso°on your t return. ,« LLC treated as a partnership for . Limited liability company and enteR If this Form -9 is for a joint account(other than an account U.S.federal tax purposes, the appropriate tax classification. maintained by a foreign financial institution(FI)),list first,and then is LLC that has filed Form 0332 or (P=Partnership,C=C corporation; circle,the name of the person or entity whose number you entered in 2553 to be taxed as a corporation, or S=S corporation) Part I of Forma W®9.If you are providing Form W-9 to an FFI to document or a joint account,each holder of the account that is a U3.person must * LLC that is disregarded as an provide a Form W-3, entity separate from its owner but as individual.Generally,enter the name shown on your tax return.If the owner is another LLC that is you have changed your last name without informing the Social Security not disregarded for U.S.federal t Administration(SSA)of the name change,enter your first name,the last purposes. I name as shown on your social security card,and your new last name. j ctw l N applicant-Enter your individual name as it rams entered on Partnership Partnership —u ,---- your Form W-7 application,Eine 1 as This should also be the sauce as the Trust/estate Trust/estate name you entered on the Form 1040/104OA/104DEZ you filed with your application, l ne 4, Exemptions b. Sole proprietor or single-member LLC.Enter your individual If you are exempt from backup withholding and/or FATCA reporting, name as shown on your 1040/104DA/1 040EZ on line 1.You may enter enter in the appropriate space on line 4 any code(s)that may apply to your business,trade,or"doing business s"(DBA)name an line 2. you. e pt a ee code. c. Partnership,LLC that is nota single-member LLC,C & Generally,individuals(including sole proprietors)are not exempt from corporation, orr corporation.Enter the entity's na'c're as shown on the backup withholding.entity's tax return on line 1 and any business,trade,or DBA name on line 2. * Except as provided below,corporations are exempt from backup d. Other entities.Enter your name as shown on required U.S.federal withholding for certain payments,including interest and dividends. tax documents on line 1.This name should match the name shown on the e Corporations are not exempt from backup withholding for payments charter or other legal document creating the entity.You may enter any made in settlement of payment card or third party network transactions. business,trade,or DBA name on line 2. « Corporations are not exempt from backup withholding with respect to a. Disregarded entity.For U.S.federal tax purposes,an entity that is attorneys'fees or gross proceeds paid to attorneys,and corporations disregarded as an entity separate from its owner is treated as a that provide medical or health care services are not exempt with respect "disregarded entity." See Regulations section 301.7701- (c)(2)(iii).Enter to payments reportable on Forms 1099-MISC. the owner's name on line 1.The name of the entity entered on line 1 The following codes identify payees that are exempt from backup should never be a disregarded entity.The name on line 1 should be the withholding.Enter the appropriate code in the space in line 4. name shown on the income tax return on which the income should be 1—An organization exempt from tax under section 501(a),any IRA,or reported.For example,if a foreign LLC that is treated as a disregarded a custodial account under section 403(b)(7)if the account satisfies the entity for U.S.federal tax purposes has a single owner that is a U.S. requirements of section 401(1)(2) person,the U.S.owners name is required to be provided on line 1.If the direct owner of the entity is also a disregarded entity,enter the first —The United States or any of its agencies or instrumentalities owner that is not disregarded for federal tax purposes.Enter the 3—A state,the District of Columbia,a U.S.commonwealth or disregarded entity's name on line 2,"Business name/disregarded entity possession,or any of their political subdivisions or instrumentalities name."if the owner of the disregarded entity is a foreign person,the 4—A foreign government or any of its political subdivisions,agencies, owner must complete an appropriate Form W-3 instead of a Form W-9. or instrumentalities This is the case even if the foreign person has a U.S.TIN. —A corporation Line 6—A dealer in securities or commodities required to register in the If you have a business name,trade name,DBA name,or disregarded United States,the District of Columbia,or a U.S,commonwealth or entity name,you may enter it on line 2. possession 7--A futures commission merchant registered with the Commodity Line 3 Futures Trading Commission Check the appropriate box ars line 3 for the U.S.federal tax 3—A real estate investment trust classification of the person whose name is entered on line 1.Check only ,.-pin entity registered at all times during the tax year under the one box on line 3. Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Page 163 of 940 Form W-9(Rev.11-2917) Page 4 The following chart shows types of payments that may be exempt M—A tax exempt trust under a section 403(b)plan or section 457(g) from backup withholding.The chart applies to the exempt payees listed plan above,1 through 13. Note-You may wish to consult with the financial institution requesting IF the payment is for. THEN the payment is exempt this form to determine whether the FATCA code and/or exempt payee for... code should be completed. ................ Interest and dividend payments All exempt payees except Line 5 for 7 - Enter your address(number,street,and apartment or suite number). Broker transactions Ex payees I through 4 and 6 This is where the requester of this Form W-9 will mail your information through 11 and all C corporations. returns.If this address differs from the one the requester already has on S corporations must not enter an file,write NEW at the top.If a new address is provided,there is still a exempt payee code because they chance the old address will be used until the payer changes your are exempt only for sales of address in their records, noncovered securities acquired prior to 2012. Line 6 ............... Barter exchange transactions and Exempt payees 1 through 4 Enter your city,state,and ZIP code. patronage dividends "I............... Part 1. Taxpayer Identification Number (TIN) Payments over$600 required to be Generally,exempt payees Enter your TIN in the appropriate box.If you are a resident alien and reported and direct sales over I through 52 you do not have and are not eligible to get an SSN,your TIN is your IRS $5,000, individual taxpayer Identification number(ITIN).Enter it in the social security number box.If you do not have an ITIN,see How to get a TIN Payments made in settlement of Exempt payees 1 through 4 below. payment card or third party network transactions If you are a sole proprietor and you have an EIN,you may enter either your SSN or EIN. See Form 1099-MISC,Miscellaneous Income,and its instructions. If you are a single-member LLC that is disregarded as an entity 2 separate from its owner,enter the owner's SSN(or EIN,if the owner has However,the followingayments made to a corporation and one).Do not enter the disregarded entity's EIN.If the LLC is classified as reportable on Form 1O -MISC are not exempt from backup withholding:medical and health care payments,attorneys'fees,gross a corporation or partnership®enter the entity's EIN. proceeds paid to an attorney reportable under section 6045(f),and Note:See What Name and Number To Give the Requester, later,for payments for services paid by a federal executive agency. further clarification of name and TIN combinations. Exemption from FATCA reporting code.The following codes identify How to get a TIN.If you do not have a TIN,apply for one immediately. payees that are exempt from reporting under FATCA.These codes To apply for an SSN,get Form SS-5,Application for a Social Security apply to persons submitting this form for accounts maintained outside Card,from your local SSA office or get this form online at of the United States by certain foreign financial institutions.Therefore,if www.SSA.gov.You may also get this form by calling 1-800-772-1213. you are only submitting this form for an account you hold in the United Use Form W-7,Application for IRS Individual Taxpayer Identification States,you may leave this field blank.Consult with the person Number,to apply for an ITIN,or Form SS-4,Application for Employer requesting this form if you are uncertain if the financial institution is Identification Number,to apply for an EIN.You can apply for an EIN subject to these requirements.A requester may indicate that a Gods is online by accessing the IRS website at www.irs.govISusinesses and not required by providing you with a Form W-9 with"Not Applicable"(or clicking on Employer Identification Number(EIN)under Starting a any similar indication)written or printed on the line for a FATCA Business.Go to wwwJrs.gov1Fdrms to view,download,or print Form exemption code. 1h6-7 and/or Form SS-4. Cr,you can go to wwwJrs.gov10rderForms to A--An organization exempt from tax under section 501(a)or any place an order and have Form W-7 and/of SS-4 mailed to you within 10 individual retirement plan as defined in section 7701(4)(37) business days, B—The United States or any of its agencies or instrumentalities If you are asked to complete For W-9 but do not have a TIN,apply for a TIN and write"Applied Foe'in the space for the TIN,sign and date C—A state,the District of Columbia,a U.S.commonwealth or the form,and give it to the requester.For interest and dividend possession,or any Of their political subdivisions or instrumentalities payments,and certain payments made with respect to readily tradable D—A corporation the stock of which is regularly traded on one or instruments,generally you will have 60 days to get a TIN and give it to more established securities markets,as described in Regulations the requester before you are subject to backup withholding on section 1.1472-11(c)(1)(i) payments.The 60-day rule does not apply to other types of payments. E—A corporation that is a member of the same expanded affiliated You will be subject to backup withholding on all such payments until group as a corporation described in Regulations section 1.1472-11(c)(1)(1) you provide your TIN to the requester. F—A dealer in securities,commodities,or derivative financial Note:Entering"Applied For"means that you have already applied for a instruments(including notional principal contracts,futures,forwards, TIN or that you intend to apply for one soon. and options)that is registered as such under the laws of the United Caution:A disregarded U.S.entity that has a foreign owner must use. States or any state the appropriate Form W-8. G—A real estate investment trust Part IL Certification H—A regulated investment company as defined in section 851 or an To establish to the withholding agent that you are a U.S.person,or entity registered at all times during the tax year under the Investment resident alien,sign Form W-9.You may be requested to sign by the Company Act of 1940 withholding agent even if item 1,4,or 5 below indicates otherwise. I—A common trust fund as defined in section 594(4) For a joint account,only the person whose TIN is shown in Part I J—A bank as defined insection 581 should sign(when required),In the case of a disregarded entity,the K—A broker person identified on line 1 must sign.Exempt payees,see Exempt payee L—A trust exempt from tax under section 664 or described in section code,earlier. 4947(a)(1) Signature requirements.Complete the certification as indicated in Items I through 5 below. Page 164 of 940 Form W-9(Rev.11-2017) Page rJ 1.Interest,dividend,and barter exchange accounts opened For this type of account- Give name and EIN of: before 1984 and broker accounts considered active during 1983. You must give your correct TIN,but you do not have to sign the 14.Accourrt with the Department of The pu611—C_eR_iy ___ certification. Agriculture in the name of a public entity(such as a state or local 2.Interest,dividend,broker,and barter exchange accounts government,school district,or opened after 1983 and broker accounts considered inactive during prison)that receives agricultural 1983.You must sign the certification or backup whhholding will apply.If program payments you are subject to backup withholding and you are merely providing your correct TIN to the requester,you must cross out Item 2 in the 15.Grantor trust filing under the Form The trust certification before signing the form. 1041 Filing Method or the Optional 3.Real estate transactions.You must sign the certification.You rnay Form 1099 Filing Method 2(see cross Out Item.2 of the certification. Regulations section 1.671-4(b)(2)(1)(B)) 4.Other payments.You must give your correct TIN,but you do not List first and circle the name of the person whose number you furnish. have to sign the certification unless you have been notified that you If only one person on a joint account has an SSN,that person's number have previously given an incorrect TIN."Other payments"include must be furnished. payments made in the course of the requester's trade or business for 2 Circle the minor's name and furnish the minor's SSN, rents,royalties,goods(other than bills for merchandise),medical and health care services(including payments to corporations),payments to You must show your individual name and you may also enter your a nonemployee for services,payments made in settlement of payment business or BRA name on the"Business name/disregarded entity" card and third party network transactions,payments to certain fishing name line.You may use either your SSN or EI N(if you have one),but the boat crew members and fishermen,and gross proceeds paid to IRS encourages you to use your SSN. attorneys(Including payments to corporations). "List first and circle the name of the trust,estate,or pension trust.(Do 5.Mortgage interest paid by you,acquisition or abandonment of not furnish the TIN of the personal representative or trustee unless the secured prop",cancellation of debt,qualified tuition program legal entity itself is not designated in the account title.)Also see SpacW payments(under section 529),ABLE accounts(under section 529A), rules for partnerships,earlier. IRA,Coverdelf ESA,Archer MSA or HSA contributions or distributions,and pension distributions.You must give your correct *Note-The grantor aiso must provide a Form W-9 to trustee of trust TIN,but you do not have to sign the certification. Note:If no name is circled when more than one name is listed,the What Name and Number To Give the Requester number will be considered to be that of the first name listed. For this typ I a of account: Give name and SGN of. Secure Your Tax Records From Identity Theft Tindividua'I The individual Identity"heft occurs when someone uses your personal Information 2.Two or more individuals goint The actual owner of the account or,if such as your name,SSN,or other identifying information,without your account)other than an account combined funds,the first individual on permission,to commit fraud or other crimes.An identity thief may use maintained by an FF1 the account' your SSN to get a job or may file a tax return using your SSN to receive a refund. 3.Two or more U,S.persons Each holder of the account 6oint account maintained by an FFI) � To reduce your risk: 4.Custodial account of a minor The minor' *Protect your SSN, (Uniform Gift to Minors Act) ®Ensure your employer is protecting your SSN,and 5.a.The usual revocable savings trust The grantor-trustee' e Be careful when choosing a tax preparer. (grantor is also trustee) If your tax records are affected by identity theft and you receive a bSo-called trust account that is net The actual owner notice from the IRS,respond right away to the name and phone nurnber a legal or valid trust under state law printed on the IRS notice or letter. 6.Sole proprietorship or disregarded The owner' If your tax records are not currently affected by identity theft but you entity owned by an individual think you are at risk due to a lost or stolen purse or wallet,questionable credit card activity or credit report,contact the IRS Identity Theft offline 7.Grantor trust filing under Optional The grantor' at 1-800-908-4490 or submit Form 14039. Form 11599 Filing Method I(see Regulations section 1.671-40)(2)(1) For more information,see Pub.54276 Identity Theft Information for 00 Taxpayers, For this type of account: Give name and EIN of: Victims of identity theft who are experiencing economic harm or a Disregarded entity not owned by an center systemic problem,or are seeking help in resolving tax problems that individual not been resolved through normal channels,may be eligible for Taxpayer Advocate Service(TAS)assistance.You can reach TAS by 9.A valid trust,estate,or pension trust Legal entity' calling the TAS toll-free case intake line at 1-877-777-4778 or TFY/7DD 10.Corporation or LLC electing The corporation 1-800-829-4059. corporate status on Form 8832 or Protect yourself from suspicious entails or phishing schemes. Form 2553 Phishing is the creation and use of email and websites designed to mimic legitimate business smalls and websites.The most common act 11.Association,club,religious, The organization is sending an email to a user falsely claiming to be an established charitable,educational,or Other tax- legitimate enterprise in an attempt to scam the user into surrendering exempt organization private information that will be used for identity theft. 12.Partnership or multi-member LLC The partnership 13.A broker or registered nominee The broker or nominee Page 165 of 940 Form W-9(Rev.11-2017) Page 6 The IRS does not initiate contacts with taxpayers via emalls.Also,the Privacy Act Notice IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access Section 6109 of the Internal Revenue Code requires you to provide your information for their credit card,bank,or other financial accounts. correct TIN to persons(including federal agencies)who are required to If you receive an unsolicited email claiming to be from the IRS, file information returns with the IRS to report interest,dividends,or forward this message to phishing@irs.gov.You may also report misuse certain other income pald to you;mortgage interest you paid;the of the IRS narne,logo,or other IRS property to the Treasury Inspector acquisition or abandonment of secured property;the cancellation of General for Tax Administration(TIGTA)at 1-800-366-4484.You can debt;or contributions you made to an IRA,Archer MSA,or HSA.The forward suspicious emalls to the Federal Trade Commission at person collecting this form uses the information on the form to file spam@uce.gov or report them at www.ftc.gov/Comp/8int.You can information returns with the IRS,reporting the above information. contact the FTC at www.ftc.govfidtheft or 877-IDTHEFT(877-438-4338). Routine uses of this Information include giving it to the Department of If you have been the victim of identity theft,see www.ldentityTheft.gov Justice for civil and criminal litigation and to cities,states,the District of and Pub.5027. Columbia,and U.S.commonwealths and possessions for use in administering their laws.The information also may be disclosed to other Visit www.irs.gov/ldentityTheft to learn more about identity theft and countries under a treaty,to federal and state agencies to enforce civil how to reduce your risk. and criminal laws,or to federal law enforcement and intelligence agencies to combat terrorism.You must provide your TIN whether or not you are required to file a tax return.Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. Page 166 of 940 eProcurement Marketplace Page 1 of 2 Contract Detail Return Contract Information Active Contract Term Title Citywide Vehicle Washing Description Citywide Vehicle Washing Services Services Description Awarded Contract Start Date 10/01/2017 Contract Number 2016-17/21 End Date 09/30/2019 Type Deerfield Beach Notes Awarded Contract Department Sustainable Management Bid 2016-17/21 Status Active Supplier Information __ General/Corporate Address Supplier Name Superior Wash Address 320 S. Flamingo Rd. Supplier Description PMB 116 Organization Type S Corporation Pembroke Pines, FL 33027 Phone (877) 794-9274 x30 Legal Name Tri-County Mobile Fax Wash Inc. Date Business Formed Contact Name Bruna Lo Castro / Joseph Scott Formation State Florida Email support@superiorwash.com Website www.superiorwash.com Available Renewal Options Renewal r Description Duration Interval Renewal 1 Renewal 1 1 Year(s) Renewal 2 Renewal 2 1 Year(s) Renewal 3 Renewal 3 1 Year(s) Attachment List File Name Description 1721 Section I - Response Section I - Response Requirements Requirements.pdf [View] 1721 Section II - Evaluation and Section II - Evaluation and Award Procedures Award Procedures.pdf [View] 1721 Section III - General Section III - General Terms and Conditions Terms and Conditions.pdf [View] 1721 Section IV - Special Terms Section IV - Special Terms and Conditions and Conditions.pdf [View] 1721 Section V - Insurance Section V - Insurance Requirements Requirements.pdf [View] 1721 Section VI - Scope of Section VI - Scope of Services Services.pdf [View] 1721 Exhibit I - City Vehicles Exhibit I - City Vehicles Inventory List Inventory List.pdf [View] Attachment A - References https:Hdeerfield-beach.ioDwave.net/PublicContractDetail.aspx?ctid=222&wid=1&t=ACTI P /2A7g of 940 eProcurement Marketplace Page 2 of 2 1721 Attachment A - References.docx [View] 1721 Attachment B - Statement Attachment B - Statement of No Bid of No Bid.docx [View] 1721 Attachment C - Draft Attachment C - Draft Contract Contract.pdf [View] 1721 Notice of Intent to Notice of Intent to Award Award.pdf [View] 1721 Bid Summary.pdf [View] Bid Summary Tax Receipt SW.pdf [View] Local Business Tax Receipt Past Projects, SW for City of Past Projects Deerfield.pdf [View] SW W-9 .pdf [View] W-9 Form SW COI 6.27.18.pdf [View] Proof of Insurability 1721 Awarded 1721 Awarded Contract Contract.pdf [View] 1721 COI expires 6-27- 1721 COI expires 6-27-18 18.pdf [View] 1721 COI Workers Comp 8-1- 1721 COI Workers Comp 8-1-18 18.pdf [View] 1721 Resolution for 1721 Resolution for Award Award.pdf [View] 1721 Tabulation..pdf [View] 1721 Bid Tabulation https://deerfield-beach.ionwave.net/PublicContractDetail.aspx?ctid=222&wid=1&t=ACTI Pj):§ftgf 940 CONTRACT This CONTRACT is entered into by and between the CITY OF DEERFIELD BEACH (CITY), a municipal corporation and TRI-COUNTY MOBILE WASH, INC. DBA SUPERIOR WASH (CONTRACTOR), as follows: W I WHEREAS, pursuant to ITI3 #2016-17/21 (the ITB) the CITY accepted competitive bids for City- wide Vehicle Washing Services (the Services); and WHEREAS, the Services are delineated int ITB; and WHEREAS, this CONTRACT, the IT and the CONTRACTOR's Response constitute the entire CONTRACT and describe the Services to be provided; and WHEREAS, after evaluation of price and other evaluation criteria specified in the IT City Staff and City Commission of the City of Deerfield Beach, Florida, has determined that the low, responsive and responsible bid was submitted by CONTRACTOR and that CONTRACTOR has the necessary resources, experience and ability to perform the CONTRACT at a competitive price; and WHEREAS, the CITY has are the CONTRACT to CONTRACTOR for the Services on —, 2017, Resolution No 20-1-- NOW THEREFORE, be it agreed by and between the parties as follows: ARTICLE 1 INTRODUCTION AND SCOPE OF SERVICES 1.1 Thea ove referenced Whereas clauses are true and correct and made a part hereof. 1.2 This CONTRACT, the ITB, together with the response tot ITB of CONTRACTOR shall constitute the entire CONTRACT. The parties agree that the scope of services is a description of CONTRACTOR's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, parts, equipment, tools and tasks which are such an inseparable part of the work described that exclusion of render performance by CONTRACTOR impractical, illogical, or unconscionable. 1.3 Except as specifically modified herein, CONTRACTOR shall be on by the terms and conditions and prices as set forth in the ITB and the CONTRACTOR'S Response to the ITB. When the terms and conditions of this CONTRACT may be read as consistent with the ITB, then and in that respect, the terms of of the ITB and this CONTRACT shall be read as belng consistent and shall be binding on both parties. Where terms and conditions of this CONTRACT contradict anything as set forth in the ITI3 or the response to the ITB, then the terms and conditions of this CONTRACT shall be binding and in full force and effect to the extent of any inconsistency. 1.4 This is a non-exclusive CONTRACT. The CITY may, in its sole and absolute discretion, utilize other parties to provide any of the services listed in the ITB, or any aspect of the Services if the CITY deems it to be int best interest of the CITY, Page 169 of 940 1.5 CONTRACTOR acknowledges and agrees that the Contract Administrator has no authority to make changes that of increase, decrease, or otherwise modify the Scope of Services to be provided under this CONTRACT. ARTICLE 2 TERM AND TIME OF PERFORMANCE 2.1 The initial CONTRACT term shall be for two (2) years beginning October 1, 2017 and ending September 30, 2019 with the option to renew the CONTRACT for three (3) additional one (1) year renewal terms providing all terms, conditions and scope of services remain the same, of parties agree to the renewal, and such renewal is approved by the CITY, 2.2 In the event the CONTRACT is scheduled to end because of the expiration of the CONTRACT, the CONTRACTOR shall continue to provide the products and services upon the request of the City Manager or his designee. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing CONTRACT. The CONTRACTOR shall be compensated fort products and services at the rate in effect when this extension clause is invoked by the IT . 2.3 Time all be deemed to be of the essence in performing the duties, obligations and responsibilities required by this CONTRACT. ARTICLE 3 COMPENSATION 3.1 The CITY shall compensate the CONTRACTOR for services provided by the CONTRACTOR, CITY agrees to pay CONTRACTOR, in the manner specified in the ITB, the amounts set forth in CONTRACTOR's response for work actually performed and completed pursuant to this CONTRACT, which amount shall be accepted by CONTRACTOR as full compensation for all such work. It is acknowledged and agreed by CONTRACTOR that this amount is the maximum payable and constitutes a limitation upon CITY's obligation to compensate CONTRACTOR for its services related to this CONTRACT. This amount, however, does not constitute a limitation, of any sort, upon CONTRACT OR's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. No amount shall be paid to CONTRACTOR to reimburse its expenses. 3.2 The CONTRACTOR and the CITY shall abide by the Florida Prompt Payment Act, FL SS. 218.70-218.80. ARTICLE 4 TERMINATION OR SUSPENSION 4.1 This CONTRACT may be terminated for convenience by the CITY. Termination for convenience by the CITY shall be effective on the termination date stated in written notice provided by CITY, which termination at shall be not less than thirty (30) days after the date of such written notice. This CONTRACT may also be terminated by the City Manager on such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health or safety. The parties agree that if CITY erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 2 Page 170 of 940 4.2 This CONTRACT may be terminated for cause for reasons including, but not limited to, CONTRACTOR's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this CONTRACT. 4.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this CONTRACT except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this CONTRACT. 4.4 In the event this CONTRACT is terminated for convenience, CONTRACTOR shall be paid for any services properly performed under the CONTRACT through the termination date specified in the written notice of termination. CONTRACTOR acknowledges and agrees that it has received good, valuable and sufficient consideration from CITY, the receipt and adequacy of which are, hereby acknowledged by CONTRACTOR, for CITY's right to terminate this CONTRACT for convenience. 4.5 In the event this CONTRACT is terminated for any reason, any amounts due CONTRACTOR shall be withheld by CITY until all documents are provided to CITY pursuant to Section 6.1 of Article 6. 4.6 Should at any time during the term of this CONTRACT, including any option terms, the CONTRACTOR is in violation of any of the terms and conditions of this CONTRACT, the CITY shall have the right to suspend the CONTRACTOR until the violation is resolved to the satisfaction of the CITY. If the violation is not promptly resolved or is of such serious nature that the CITY determines that suspension is not adequate, the CITY reserves the right to terminate for cause. 4.6.1 In the event a CONTRACTOR is terminated, the CITY may assign the CONTRACT to another CONTRACTOR, or seek a new CONTRACTOR, until the contract is re-let, or until the end of the CONTRACT term then in effect, at its sole option and shall reserve all legal remedies for damages and other relief. ARTICLE 5 EEO AND ADA COMPLIANCE 5.1 CONTRACTOR shall not unlawfully discriminate on the basis of race, color, national origin, sex, religion, age, political affiliation or disability in the performance of this CONTRACT, the solicitation for or purchase of goods or services relating to this CONTRACT, or in subcontracting work in the performance of this CONTRACT. CONTRACTOR shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non- discrimination requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with the foregoing requirements is a material breach of this CONTRACT, which may result in the termination of this CONTRACT or such other remedy as CITY deems appropriate. 5.2 CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this CONTRACT. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. 3 Page 171 of 940 ARTICLE 6 MISCELLANEOUS 6.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this CONTRACT are and shall remain the property of CITY; and, if a copyright is claimed, CONTRACTOR grants to CITY a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this CONTRACT, any reports, photographs, surveys, and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of CITY and shall be delivered by CONTRACTOR to the Contract Administrator within seven (7) days of termination of this CONTRACT by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 6.2 AUDIT_RIGHT AND RETENTION OF RECORDS OWNER shall have the right to audit the books, records, and accounts of CONTRACTOR and its subcontractors that are related to this Project. CONTRACTOR and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of CONTRACTOR and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, CONTRACTOR or its subcontractor, as applicable, shall make same available at no cost to OWNER in written form. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (954-480-4215, WEB.CLERK�DEERFIELD-BEACH.COM, CITY OF DEERFIELD BEACH, CITY CLERK'S OFFICE, 150 NE 2ND AVENUE, DEERFIELD BEACH, FL 33441). (a) Contractor shall: 1. Keep and maintain public records required by the CITY to perform the service. 2. Upon request by the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the CITY. 4. Upon completion of the contract, transfer, at no cost, to the CITY all public records in possession of the contractor or keep and maintain public records required by the CITY to perform the service. If the contractor transfers all public records to the CITY upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of records, in a format that is compatible with the information technology systems of the CITY„ 4 Page 172 of 940 No confidentiality or non-disclosure requirement of either federal or state law shall be violated by CONTRACTOR or its subcontractors. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for OWNER'S disallowance and recovery of any payment upon such entry. CONTRACTOR shall, by written contract, require its subcontractors to agree tothe requirements and obligations of.this Section 6.2. 6.3 COMPLAINTS AND DISPUTES: All complaints concerning misconduct on the part of the 'EONTRACT OR or disputes between City staff and the CONTRACTOR are referred to the City Manager or his designee, who shall conduct investigations and inquiries, including discussions with the CONTRACTOR and involved staff. The determinations of the City Manager or designee shall be binding upon the parties, and failure oft CONTRACTOR to follow any such determination could be considered a material breach and subject the CONTRACTOR to termination for cause. The CONTRACTOR agrees that any complaints received by the CITY concerning misconduct on the part of the CONTRACTOR, such as excessive charges, poor business practices etc., will be referred to the is of the City Manager for appropriate action. The CONTRACTOR agrees to make any complaints concerning the City of Deerfield Beach available to the Office of the City Manager for action as required. 6.4 THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this CONTRACT. Therefore, the parties agree that there are no third party beneficiaries to this CONTRACT and that no third party shall be entitled to assert a right or claim against either of them based on this CONTRACT. 6.5 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request fora written receipt of acknowledgment of delivery, addressed tothe party for whom it is intended at the place lasts ecified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR CITY: Burgess Hanson, City Manager City of Deerfield each 150 NE 2 nd Avenue Deerfield Beach, FL 33441 FOR CONTRACTOR: 5 Page 173 of 940 6.6 MATERIALITY AND WAIVER OF BREACH CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this CONTRACT and that each is, therefore, a material term hereof. CITY's failure to enforce any provision of this CONTRACT shall not be deemed a waiver of such provision or modification of this CONTRACT. A waiver of any breach of a provision of this CONTRACT shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this CONTRACT. 6.7 SEVERANCE In the event a portion of this CONTRACT is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this CONTRACT. An election to terminate this CONTRACT based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.8 JOINT PREPARATION Each party and its counsel have participated fully in the review and revision of this CONTRACT and acknowledge that the preparation of this CONTRACT has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this CONTRACT shall be interpreted as to its fair meaning and not strictly for or against any party. 6.9 WAIVER OF JURY TRIAL By entering into this CONTRACT, CONTRACTOR, and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this CONTRACT. 6.10 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this CONTRACT and executed by the Board and CONTRACTOR or others delegated authority to or otherwise authorized to execute same on their behalf. 6.11 PRIOR CONTRACTS This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, Contracts, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, Contract, or understanding concerning the subject matter of this CONTRACT that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or CONTRACT, whether oral or written. 6.12 REPRESENTATION OF AUTHORITY Each individual executing this CONTRACT on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this CONTRACT, duly authorized by all necessary and appropriate action to execute this CONTRACT on behalf of such party and does so with full legal authority. 6.13 MULTIPLE ORIGINALS Multiple copies of this CONTRACT may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. 6 Page 174 of 940 IN WITNESS WHEREOF the parties have caused these presents to be ex ed. Witnesses: CITY OF DEERFIELD BEACH By: BURGESS HANSON, CITY MANAGER Date: ATTEST: 11111111-1-1...................... ........... .......... SAMANTHA GILLYARD, C- .. ..CLERK CITY CLERK APPROVED AS TO FORM-. ANDREW S. MAUR6DIS,-CITYATTORNE--Y" CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE INCORPORATED OR NON-INCORPORATED FORMAT, AS APPUCABLE [If incorporated sign Wow-] CONTRACTOR ATTEST-- Sul riqr Wash (N 3 p Corporation) ........... (Secretary) (Signature) Brun a Lo Castm, Franchise 2Wp2LManaqer (Co-rp0rafg Seat) (Type Name/Title Signed Above) 30th day of August 2017 [If non-incorporated sign below.] CONTRACTOR WITNESSES. (Name) -------- BY (Signature) (Type Name Signed Above) day of ' 20 CITY REQUIRES TWO (2) FULLY-EXECUTED CONTRACTS FOR DISTRIBUTION, 7 Page 175 of 940 City of Deerfield Beach City-Wide Vehicle Washing Services, ITB #2016-17/21 SECTION I - RESPONSE REQUIREMENTS 1. Submission and Receipt of Responses a. The City of Deerfield each uses the eProcurement Marketplace to administer the competitive solicitation process, including but not limited to soliciting and receiving responses, issuing addenda,tabulating responses, posting results and issuing notification of an intended decision. Responses will only be accepted from Offeror's who have submitted a responset roe the eProcurement Marketplace by the Close at and Time indicated. Offerors are strongly encouraged to read the various Supplier Guides and Tutorials available in the eProcurement Marketplace well in advance of their intention of submitting a response to ensure familiarity with the eProcurement Marketplace and submitting a response through it. The City shall not be responsible for an Offeror's inability to submit a response by the closing date and time for any reason, including issues arising from the use of the eProcurement Marketplace. ® All information submitted by Offeror shall be typewritten, scanned as an attachment, or provided as otherwise instructed to in the solicitation. Offerors shall use and submit any applicable or required forms provided by the City and attach such to their response. Failure to use the for may cause the response to be rejected and deemed non-responsive. c. Responses shall be submitted by an authorized representative of the firm. Responses must be submitted in the business entities name by the President, Partner, Officer or Representative authorized to contractually bind the business entity. Responses shall include an attachment evidencing that the individual submitting the response, does in fact have the required authority stated herein. d. All responses will become the property oft City of Deerfield each. In the event of Contract award, all documentation produced as part oft Contract shall become the exclusive property of the City. e. Responses will be publicly opened in the Purchasing and Contract Administration Division, 2nd Floor, 401 SW 4 th Street, Deerfield each, FL 33441. Offerors and the Public are invited to attend. Only the Offeror's name will be read aloud, unless for construction or repairs on a public building or public work. Offeror will be tabulated and made available for review by the Public at such time as the City provides notice of an intended decision or until 30 days after the closing date and time,whichever is earlier; unless for construction or repairs on a public building or public work, in which case the price will be made available immediately. 2. Required Documents and Information The City deems certain documentation and information important int determination of responsiveness and for the purpose of evaluating responses. The documents and information the City requires each Offeror to submit with their response can be found in the "Response Attachments" to within the eProcurement Marketplace for this competitive solicitation. Responses should seek to avoid information in excess of that requested, must be concise, and must specifically address the issues of this competitive solicitation. The responses shall be organized and divided into the sections indicated, The "Response Attachments" are not inclusive of all the information that may be necessary to properly evaluate the response and meet the requirements of the scope of work and/or specifications. Additional documents and information should be provided as deemed appropriate by the Offeror in response to specific requirements stated herein or through the competitive solicitation. 1 Page 176 of 940 City of Deerfield Beach City-Wide Vehicle Washing Services, IT #2016-17/21 SECTION 11 - EVALUATION AND AWARD PROCEDURES The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all responses, or terminate the competitive solicitation process at any time and secure the solicited products and services by any other lawful means. The City also reserves the right to waive minor irregularities or variations to the specifications and in the competitive solicitation process. 1. Evaluation Procedures a. Responses will be evaluated to ensure each response received (I.) fully conforms in all material respects to the solicitation and all of its requirements, including all form and substance (Responsive), (it.) Offeror is fully capable to meet all of the requirements oft solicitation and subsequent contract, possesses the full capability, including financial and technical, to perform as contractually required and is able to fully document the ability to provide good faith performance (Responsible),(iii.)and Offeror is in the business of providing the products and/or services required and possesses sufficient financial support, equipment, and organization to insure that it can satisfactorily perform the work if awarded a contract (Qualified). Matter of responsiveness, responsibility, and qualifications are further defined in the General Terms and Conditions. Additionally, minimum qualifications, including licensing and certification requirements, may be stated in the Special Terms and Conditions. b. The City may require visits to the Offeror's facilities to inspect record keeping procedures, staff, facilities, and equipment at any point during the evaluation process. 2. Contract Award a. Although it is the intent of the City to enter into a contract for the services contemplated in this competitive solicitation, the City is under no obligation to make an award pursuant to this competitive solicitation. b. An award recommendation will be made by the using department director with the concurrence of the Purchasing and Contract Administration Division to the lowest, responsive and responsible Offeror able to meet the requirements of the bid. c. Award recommendations will be presented to the City Commission for their final approval.The City Commission has full discretion to reject all bids and waive minor irregularities in the bid. Page 177 of 940 City of Deerfield each City-Wide Vehicle Washing Services, ITB #2016-17/21 SECTION III - GENERAL TERMS AND CONDITIONS 1. Independent Contractor The Offeror represents itself to be an independent business offering such products and/or services to the general public and shall not represent itself or its employees to be employees of the City of Deerfield each. Therefore, the Offeror shall assume legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, and other expenses, and agrees to indemnify, save, and hold the City of Deerfield Beach, its officers, agents, and employees, harmless from and against, any and all loss; cost(including attorney fees); and damage of any kind related to such matters. 2. Subcontractors If the Offeror proposes to use subcontractors in the course of providing these products and/or services to the City, this informations all be a part of the Offeros response. Such information shall be subject to review, acceptance and approval of the City, prior to any Contract award. The City reserves the right to approve or disapprove of any proposed subcontractor in its best interest. 3. Addenda, Changes, and Interpretations It is the sole responsibility of the Offeror to notify the Buyer in writing and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the "Last Date for Questions" as indicated in the "Tentative Schedule of Events". Requests received after this date will not be addressed. Clarifications, modifications, interpretations, and changes shall only be made by the issuance of official addenda. Under no circumstances shall an oral explanation given by any City official, officer, staff,ora n e binding upon the City and should be disregarded. All requests from Offerors and explanations from the City shall be communicated via the eProcurement Marketplace. All addenda area part of the competitive solicitation documents and each Offeror will be bound by such addenda, whether or not acknowledged by them. It is the responsibility of each Offeror to read and comprehend all addenda issued. Addenda will be posted no later than the "Last Date for Addenda" indicated in the "Tentative Schedule of Events". 4. Multiple Responses More than one response to competitive solicitation from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Such a circumstance will lead to rejection of all responses in which the Offeror is involved, except for circumstances were Offeror is subcontractor of another Offeror's response. If there is reason to believe that collusion exists between Offerors, those parties' responses will be rejected and deemed for City purposes to be a conviction of a public entity crime. ® Omission of Details The apparent silence of the specifications and any amendment regarding any details ort omission from the specifications of a detailed description concerning any services or material requested, shall be regarded as unintentional and should not serve to alleviate the contractor of their performance responsibilities. 6. Mistakes Offerors are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, and delivery instructions pertaining to the solicitation. Failure of the Offeror to examine all pertinent documents shall not entitle them to any relief from the conditions imposed herein and may lead to rejection of the response. Page 178 of 940 City of Deerfield Beach City-Wide Vehicle Washing Services, IT #2016-17/21 7. Costs Incurred The City shall not be liable for any costs incurred by Offerors in responding to this solicitation. 8.Withdrawal of Responses Any response may be withdrawn up until the close date and time.Any response not so withdrawn shall upon close to and time constitute as an irrevocable offer to the City to provide the product and/or services set forth in the solicitation. Offeror warrants by virtue of submitting the response that the response and any prices quoted in the response will be firm for acceptance by the City for a period of ninety(90)days from the close date unless otherwise agreed upon by the City and Offeror. 9. Acceptance of Responses I Minor Irregularities The City reserves the right to accept or reject any or all responses, part of responses, and to waive minor irregularities or variances to specifications contained in responses is do not make the response conditional in nature, and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a respondent an advantage or benefit not enjoyed by other respondents, does not adversely impact the interests of other Offerors or, does not affect the fundamental fairness of the solicitation process. 10. Responsiveness In order to be considered responsive to the solicitation, the Offeror's response shall fully conform in all material respects to the solicitation and all of its requirements, including all for and substance. 11. Responsibility In order to be considered as a responsible Offeror, Offeror shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document thea ill o provide good faith performance. 12. Offeror's Qualifications Offeror shall be in the business of providing the products and/or services required and must possess sufficient financial support, equipment,and organization to insure that it can satisfactorily perform the or if awarded a Contract. The City shall have the right to investigate the financial condition, experience record, qualifications, and references of each Offeror and determine to its satisfaction the competency, reputation, quality of products /or services, and responsibility of each to perform the required work, meet the specifications, and conform in all material respects tote solicitation and all of its requirements. Offeror shall satisfy each of the following requirements cited below. Failure to do so may result in the response being deemed non- responsive or rejected. (a) Offeror, including any principal, officer, agent, or proposed subcontractor, shall have no record of judgments, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the CRA Board. (b) Offeror, including any principal, officer, agent, or proposed subcontractor of Offeror, shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise), nor have failed to perform faithfully on any previous contract with the city. 13. Order of Precedence In the event of inconsistency between provisions of this solicitation and the resulting Contract, the inconsistency shall be resolved by giving precedence in the following order ("a" having the least 2 Page 179 of 940 City of Deerfield each City-Wide Vehicle Washing Services, IT #2016-17/21 precedence): (a) General Terms and Conditions, (b) Special Terms and Conditions, (c)Scope of Services/Work and Technical Specifications, (d) Attachments and Enclosures of the competitive solicitation document whether attached thereto or incorporated by reference, (e)The Contract. 14. Licenses and Certifications The Offeror shall be appropriately licensed to perform the work and provide the products and services required. Offeror shall possess byte closing date and time all required licenses and certifications; unless the issuance of such license or certification is contingent on the work to be performed under the resulting contract. The Offeror shall be responsible for all costs associated with obtaining and maintaining all required licenses,certifications,and permits. Copies of all licenses and certifications shall be submitted with the Response as a matter of responsiveness. 15. Insurance and Surety Bonds Tror's response shall include evidence of insurability meeting the minimum insurance requirements attached herein and evidence of Offerors ability to obtain required Surety bonds, when insurance and surety bonds are required. The successful Offeror shall not commence the work or otherwise perform the work as required byte resulting Contract, until a certificate of insurance naming the it of Deerfield Beach as additionally insured and required surety bonds have been received and approved by the City. The Offeror shall assume full responsibility and expense to obtain all necessary insurance and surety bonds. 16. Legal Requirements Applicable provisions of all federal, state, and county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all responses received and shall govern any and all claims and disputes which may arise between person(s) submitting a response and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise. Lack of knowledge by any Offeror shall not constitute a cognizable defense against the legal effect thereof. 17. Protest Procedures In accordance with Section 38-139 oft City of Deerfield each Code of Ordinances, if a Offeror intends to protest a solicitation or proposed award the following shall apply: (a) Any respondent (also known as Bidder/Proposer) to competitive solicitation who is aggrieved in connection with the pending award of a competitive solicitation or any element of the process leading to the award of a competitive solicitation may protest to the Purchasing Director. A protest must be filed within five (5) business days of the first date that the respondent to the competitive solicitation knew or should have known of the facts giving rise tote protest, but no later than five (5) business days after notification of notification of intent to award the recommendation of the selection/evaluation committee or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest is received by the Purchasing Director together with the protest fee. Delivery may be by and delivery, regular mail, certified mail, or electronic mail. (b) Upon receipt of a protest of the pending award of a competitive solicitation,the Purchasing Director shall review the charge to determine whether the protest was timely filed. If upon review the Purchasing Director determines that the protest was not timely filed, the Purchasing Director all dismiss the protest. If it is determined that the protest was timely filed, the Purchasing Director shall not all Bidders/Proposers of the protest and inform the of the scheduled hearing before the CRA Board and of their right to intervene. Any Bidder/Proposer may formally intervene in the proceeding by filing a request to intervene with the Purchasing Director within three (3) business days of receipt of such notice. Delivery may be by 3 Page 180 of 940 City of Deerfield Beach City-Wide Vehicle Washing Services, ITB #2016-17121 hand delivery, regular mail, certified mail, or electronic mail. (c) The Purchasing Director shall require a protest fee from a protester to compensate the City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire protest fee shall be returned to the protester. If the protest is not decided in the protester's favor, the protest fee shall be forfeited to the City. The protest fee shall be in the form of cash, a cashier's check, or a payment bond and shall be in the amount of 1% of the amount of the pending award, with a minimum amount of$ 500 and a maximum amount of$5,000. (d) The protester and intervener(s) may file written documentation relating to the protest with the Purchasing Director. It shall be the obligation of such protester or intervener(s) to deliver said documentation at least one week prior to CRA Board action on the protest. (e)The CRA Board may hear from the protester and intervener(s) in its discretion or may dispose of the protest without permitting presentations on the protest. If, on its face, the protest does not state sufficient cause to warrant remedial action, the CRA Board may deny the protest without further participation by the protester or intervener(s). The Commission, in its sole discretion, may deny the protest, grant the relief requested by the protest, fashion relief or remedial action as it deems appropriate, or reject all responses and begin the competitive solicitation process again. 18. Cone of Silence In accordance with Section 38-140 of the City of Deerfield Beach Code of Ordinances, during the course of a competitive solicitation, a Cone of Silence shall apply as follows: (a)A Cone of Silence shall be in effect during a Competitive Solicitation process beginning upon the advertisement for the competitive solicitation or during such other procurement activities as declared by the CRA Board. The Cone of Silence shall terminate at the time the CRA Board takes final action or gives final approval of a contract, rejects all bids or responses to the Competitive Solicitation, or takes other action which ends the Competitive Solicitation process. The Cone of Silence shall continue through the negotiation phase for requests for proposals and requests for qualifications and shall not end until the Commission gives final approval of the contract. (b) Any person or entity that seeks a contract, contract amendment, award, recommendation, or approval related to a Competitive Solicitation or that is subject to being evaluated or having its response evaluated in connection with a Competitive Solicitation, including a person or entity's representative shall not have any communication with any CRA Boarder, the City Manager and their respective support staff or any person or group of persons appointed or designated by the CRA Board or the City Manager to evaluate, select, or make a recommendation to the CRA Board or the City Manager regarding a Competitive Solicitation. (c) The Cone of Silence shall not apply to written or oral communications with legal counsel for the City or the Purchasing and contract administration division staff for the City. (d) Any action in violation of this section shall be cause for disqualification of the bid or the proposal. The determination of a violation and the penalty shall be made by the CRA Board. 19. Local Business Preference Program (a) The City hereby establishes a local business preference program to facilitate local business participating in the competitive solicitation process. Except where prohibited by federal, state or city law, or funding source restriction mandates to the contrary, in the purchase of goods or general services governed by the Procurement Code, preference shall be awarded to local businesses in the following manner. (i) When a responsive, responsible nonlocal business submits the lowest price bid, and the bid submitted by one or more responsive, responsible local businesses is within five percent of the bid submitted by the nonlocal business, then such local businesses shall have the opportunity to submit, within five calendar days of notification by the Purchasing Director, or designee, a best and final bid equal to or lower than the amount of the low bid previously submitted by the nonlocal business. Thereafter, contract award shall be made to the responsive, responsible business submitting the lowest and best and final bid. In the case 4 Page 181 of 940 City of Deerfield Beach City-Wide hicle Washing Services, ITB #2016-17/21 of a tiein the best and final bid between a local business and a nonlocaf business, contract award shall be made to the local business. (ii) For all other competitive solicitations where the objective factors used to evaluate the responses from roors are assigned oin totals. Where evaluation of criteria, including and beyond price, is the determining factor for award, the total score of each individual evaluation committee member's total points of a local vendor will adjust ward by five percent( %). (iii) The determination as to whether a bidder or proposer is a local business shall be made by City staff based upon documentation submitted y the bidder or proposer at the time of bidor proposal submission as verified by staff. (b) This sections all not apply to professional services procured pursuant tote State of Florida Consultants Competitive Negotiation Act ( ), nor to purchases which are considered exempt procurement asp r Section -133. (c) An eligible bidder or proposer must satisfy the criteria set forth below. The city has sole discretion in determiningether a business meets the following criteria to qualify for a local business preference. 1)A bidder or proposer shall complete,fully execute, and provide all required information contained in the competitive solicitation related tote local business preference requirements. (iii) In order to qualifyfor local bidder preference an offerorseekin local vendor preference shall have no history within the prior five (5) years of non-performance, delinquent fees, liens, or Code violations. 20. Disadvantaged i Enterprise The City of Deerfielde hereby sta lishes a disadvantaged business enterprise program o encourage and foster the participation of Certified Business Entities (CBEs), in theCity's competitive solicitation process by providing preference to CBEs as detailed in Section -142 of e City of Deerfieldeach Coe of Ordinances. The City will accept including small business enterprises( s), minority business enterprises(MBEs), women business enterprises ( s), and veteran business enterprises (V s) certifications from erors, including their subcontractors identified intheir response, as defined and certified byte Florida Department of Management, Oice of Supplier Diversity or other certifying organizations or jurisdictions in accordance with Section 287.0943 (1) a (2) Florida Statutes. ( ) During the course of a competitive solicitation when a responsive, responsible non-CBE submits the lowest price bid, and a bid submitted by one or more responsive, responsible is within five percent of the bid submitted by the non-CBE, then such CBE shall have the opportunity to submit, within five calendar days of notification by the purchasing and contract administration division, a best and final offer equal to or lower than the amount of the low bidu i e y the non-CBE. The price bid the non-CBE shall not be revealed if subject to section 8-127(5), Exemptions from the public records and public meeting requirements. ( Contract award recommendation shall be made to the responsive, responsible business submitting the lowest responsive and responsible final offer. In the case of a tie in the best and final offer between a CBE business and a non-CBE business,contract award recommendation shall be made to the CBE. (c) For all other competitive solicitations where the objective factors used to evaluate the responses from roposers are assigned point totals. Where evaluation of criteria, including and beyond price, is the determining factor foraward, the total score of each individual evaluation committee is total points o e CBE vendor will adjust upward y five percent. In the case where an offeror is claiming CBE participation byte use of subcontractors identified in their response and where the subcontractor(s) is the CBE, subcontractor's portion of the work to be performed pursuant to the resulting contracts all equal at least 50 percent of the total work.Offeror shall provide information in the response to substantiate subcontractor's portion of the work meeting the 50 percent requirement. ) A bidder or proposer shall complete, fully execute, and provide all required information contained in the competitive solicitation related tote disadvantaged usiness enterprise requirements. ( or the purpose of determining the best value in the award of a competitive solicitation where both the local business and disadvantagedbusiness preference are applicable, the local business preference shall take precedence over the small business 5 Page 182 of 940 City of Deerfield Beach City-Wide Vehicle Washing Services, ITB #2016-17121 preference. (g) In order to participate in the disadvantaged business enterprise program, offeror shall have no history within the prior five years of non-performance, delinquent fees, liens,or code violations. (h) The disadvantaged business enterprise program shall not apply to a competitive solicitation process when prohibited by law, contract, grant, funding source or other regulation applicable to the competitive solicitation process, contract, or funding source, or when the City acts as the lead agency for a cooperative procurement. 21. Ethics Code Offerors are required to acquaint themselves with the provisions in the City of Deerfield Beach's Ethics Code Chapter 2,Article IX Code of Ordinances.The CRA Board will strictly apply the Ethics Code. Section 2-505 "Disclosure and Behavior Requirements of Applicants and Person/Entity seeking a City contract or currently doing business with the City" is of immediate interest. Offeror shall complete the "Ethics Code Disclosure" contained herein. Failure to do so may result in the response being deemed non-responsive. 22. Public Records 1 Confidential Information (a) Florida law provides that municipal records shall at all times be open for personal inspection by any person, unless otherwise exempt. Information and materials received by the City in connection with an Offeror's response shall be deemed to be public records subject to public inspection. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Section 119.07, F.S. provides an exemption from public records law for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. (b) If the Proposer believes any of the information contained in the response is exempt from the Public Records Law, then the Proposer must in the response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. 23. Public Entity Crimes Information Statement A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a Proposer, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for category two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 24. Anti-Collusion The Offeror certifies that it has not divulged, discussed or compared its response and the contents contained therein with other respondents, except subcontractors if they form part of the response, and has not colluded with any other Offerors or parties to a response whatsoever. No premiums, rebates or gratuities are permitted either with, prior to, or after any delivery of material or service. Any violation of this provision will result in the immediate cancellation of the contract and removal from the Vendor List. 25. Conflict of Interest (a)The Offeror covenants that they presently have no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the 6 Page 183 of 940 City of Deerfield each City-Wide Vehicle Washing Services, ITB #2016-17/21 services hereunder. The Offeror further covenants that no person having any such known interest shall be employed or conveyed an interest, directly or indirectly, in the contract. (b) No contract will be awarded to a Offeror who has City elected officials, officers ore l yees affiliated with it, unless the Offeror has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Offeror must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Offeror and removal of the Offeror from the City's Vendor List and prohibition from engaging in any business with the City. 26. Entire Agreement This competitive solicitation, all attachments and exhibits, addenda, and the resulting Contract and/or purchase order states the entire contract between the parties hereto with respect to the subject matter hereof, and all prior and contemporaneous understandings, representations and agreements are merged herein or superseded hereby. Generally, a purchase order will be issued for commodities and a contract will be issued for services. If a contract will be executed, a draft contract containing the major business concerns for the City may be attached tothis competitive solicitation. 27. Waiver It is agreed that no waiver or modification of this contract or of any covenant,condition or limitation contained in itshall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of oraffecting the contract, or the right orobligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The parties agree that provisions ofthis paragraph may not be waived except by a duly executed writing. 28. Warranty (a)Warranty of Title -The Offeror warrants that all goods and materials offered intheir response or furnished under a resulting contract will be new unless otherwise specified and that Offeror possesses good, clear, and marketable title to said goods and there are no pending liens, claims or encumbrances whatsoever against said goods and materials. All goods and materials not conforming to these requirements, including substitutions not properly approved and authorized may be considered defective. (b)Warranty of Specifications-The Offeror warrants that all goods, materials and workmanship offered in their response or furnished under a resulting contract, whether by Offeror or its sub-contractors and suppliers, will comply with the specifications, plans, and other descriptions and requirements supplied oradopted. (c) Warranty of Merchantability - he Offeror warrants that the goods offered in their response or furnished under the resulting contract are merchantable, of good quality and free from de s, whether patent or latent in material or workmanship. (d) Warranty of Material and Workmanship - The Successful Offeror (Contractor) warrants all material and workmanship for a minimum of one (1) year from date of delivery and acceptance by the City. The Successful Offeror shall provide a warranty certificate bound with manuals stating the terms and conditions of the warranty. If within the warranty period, or within such larger period of time as may be prescribed by law or warranted by the Successful Offeror and product manufacturers, any of the materials and workmanship is found to be defective or not in accordance with the Contract documents, the Successful Offeror shall after receipt of a written notice from the City to do so, promptly correct the condition unless the City has previously given the Successful Offeror a written acceptance of such condition. (e) Warranty of Intellectual Property - The Offeror warrants that there has been no violation of copyright, patent, or other intellectual property rights either in the United States of America or in foreign countries in connection with the work to be performed pursuant to this competitive solicitation and resulting contract. 7 Page 184 of 940 City of Deerfield each City-Wide Vehicle Washing Services, IT #2016-17/21 29. Survivorship Rights The contract pursuant to this competitive solicitation shall be binding on both parties to the benefit of the respective parties and their executors, administrators, heirs, personal representative, successors and assignees. 30. Severability If any term or provision oft a contract pursuant to this competitive solicitation is found to be illegal and unenforceable, such ter (s)shall be deemed stricken and the remainder of the contract shall remain in full force and effect. 31. Default and Termination (a) Termination for Cause - In the event the Successful Offeror (Contractor) shall default in any of the terms, obligations, restrictions or conditions in the contract documents, the City shall give the Contractor written notice by registered, certified mail of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within three(3)calendar days thereof. In the event the Contractor has failed to correct the conditions(s) of the default or the default is not remedied to the satisfaction and approval of the City, the City shall have all legal remedies available to it, including, but not limited to termination of the Contract in which case the Contractor shall be liable for any and all damages permitted by law arising from the default and breach of the contract. (b) Termination for Convenience - Upon thirty (30) calendar days written notice to the Contractor, the City may without cause and without prejudice to any other right or remedy, terminate the contract for the City's convenience whenever the City determines that such termination is in the best interest of the City.Where the contract is terminated for the convenience of the City the notice of termination to the Contractor must state that the contract is being terminated for the convenience of the City under the termination clause and the extent of termination. The Contractor shall discontinue all work on the appointed last day of service. (c) Cancellation for Unappropriated Funds-Theo li aio of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period, regardless Of contract term, is subject to appropriation of funds, unless otherwise authorized by law. 32. Venue The parties waive the privilege of venue and agree that all litigation between the in the state courts shall take place iroward County, Florida and that all litigation between the in the federal courts shall take place in the US District Court for the Southern District of Florida. 33. Prevailing Party In the event of any litigation between the parties concerning this competitive solicitation or resulting contract, the prevailing party shall be entitled to recover its reasonable costs and attorney's fees incurred to and through appellate and supplemental proceedings. 34. Service Test Period If the Offeror has not previously provided the goods or services tote City, the City reserves the right to require a service test period to determine if the Offeror can perform in accordance with the requirements of the Contract, to the City's satisfaction, and within the rights of the City in determining an award recommendation.The length of such test period shall be determined by the City, and shall be an appropriate timeframe for the City to effectively evaluate the goods and services offered. The service test period shall be conducted under all specifications, terms and conditions contained in the Contract. Page 185 of 940 City of Deerfield Beach City-Wide Vehicle Washing Services, ITB #2016-17/21 35. Piggybacking If the Offeror is awarded a contract as a result of this competitive solicitation, Offeror may, if Offeror has sufficient capacity or quantities available, and if legally allowed, provide to other government agencies, so requesting, the products orservices awarded in accordance with the terms and conditions of the competitive solicitation and resulting contract. 36. Transfer of Responsibility Upon expiration, termination, or cancellation of the contract, the contractor shall assist City of Deerfield each to insure an orderly transfer of responsibility and/or continuity of those products and services required under the terms oft contract to an organization designated by City of Deerfield each, if requested in writing. The contractor shall provide and/or perform any or all of the following responsibilities: (a) The contractor shall deliver, FOB destination, prepaid, all records, documentation, reports, data, recommendations, master, or printing elements, etc., is were required to be produced under the terms of the contract to City of Deerfield Beach and/or to City of Deerfield Beach's designee within seven (7) calendar days after receipt ofthe written request. Any and all records which are on electronic media must be delivered in a format which is compatible with the system(s) currently in use by City of Deerfield Beach. (b) The contractor shall agree to continue providing any part or all oft services in accordance with the terms and conditions oft e contract for a period not to exceed ninety(90)calendar days after the expiration, termination or cancellation date of the contract fora price not to exceed those prices set forth in the contract. 37. Quantities No guarantee or warranty is given orimplied byte it as to the amount that may or may not be purchased from any resulting contract. The City reserves the right to increase or decrease quantities orad or delete any its or quantity from the contract if it is determined to be in the best interest of the City in its sole discretion. 38. Risk of Loss The risk of loss, injury or destruction, regardless of the cause of the casualty, shall be on the Successful Offeror until the delivery of completed project and facilities to the City, and inspection and final acceptance of the entire project by the City. Title to all goods, chattel and facilities shall pass to City upon delivery and acceptance of the goods by City as evidenced in writing. Page 186 of 940 City of Deerfield Beach City-Wide Vehicle Washing Services, ITB#2016-17121 SECTION IV- SPECIAL TERMS AND CONDITIONS 1. Draft Contract A draft copy of the Contract is attached to this competitive solicitation and includes the major business concerns for the City.This is the Contract,which will govern the Successful Offeror's performance under the Contract and shall be executed by the Successful Offeror. All Offerors, by submission of their bids agree to execute this Contract if selected by the City to perform the work. The final Contract may not be in the same form as the Draft Contract. 2. Non-exclusive Contract Offeror agrees and understands that any contract entered into pursuant to this competitive solicitation shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. 3. Required Compliances and Regulations Offerors shall be in compliance with the Broward County Codes and Ordinances, City of Deerfield Beach Codes and Ordinances. 4. Contract Term (a) Initial Contract Term and Renewal Options - The initial contract term shall be for two (2) years and shall commence upon final execution of the Contract by the City or as otherwise indicated in the final Contract. The City reserves the right to renew the Contract for three (3) additional one (1) year renewal terms providing all terms conditions and specifications remain the same, both parties agree to the renewal and such renewal is approved by the City. (b) Contract Extension - In the event services are scheduled to end because of the expiration of the contract, the Contractor shall continue the service upon the request of the City Manager or designee. The extension period shall not extend for more than ninety(90)days beyond the expiration date of the existing contract.The Offeror shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 5. Price (a) Offeror shall quote a firm, fixed price for the items listed in the "Bid Line Items" tab. Prices shall include all costs associated with the products and services being solicited including labor, equipment, supplies, management, travel, etc. (b) Prices shall be shown in both unit amounts and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extensions or totals, unit amounts shall govern. Discrepancies in the multiplication of units will be resolved in favor of the Unit Costs. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In the event such discrepancy is discovered by either party after the competitive solicitation closes, Offeror understands and accepts that no correction(s) shall be made and the prices offered shall remain firm. (c)All applicable discounts shall be extended to City and shall be part of the prices offered. Offeror may bid only one (1) discount for each Line Item. Chain discounts are not acceptable and will not be considered in determining an award. (d) Offeror warrants by virtue of submitting a response that prices will be firm for acceptance for a period of Ninety (90)calendar days from the date of solicitation closing, unless otherwise agreed to by both parties. 1 Page 187 of 940 City of Deerfield Beach City-Wide Vehicle Washing Services, ITB #2016-17121 6. Cost Adjustments (a) Cost adjustments shall apply to labor costs only. (b) Costs for all services purchased under this Contract shall remain firm for the initial contract term. Costs for subsequent optional renewal terms and any extension terms shall be subject to an adjustment only if increases in the industry occur. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed five percent(5%) per year or, whichever is less, the latest yearly percentage increase in the Consumer Price Index Data,as published by the Bureau of Labor Statistics, U.S. Department of Labor.The yearly increase or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract term then in effect compared to the index for the same month one (1) year prior. Any requested price increase shall be fully documented and submitted to the City at least ninety (90) days prior to the expiration of the current contract term. Any approved cost adjustment shall become effective on the first date of the renewal or extension contract term. (c) In the event the CPI or industry costs decline, the City shall have the right to receive from the Contractor a reasonable reduction in the costs of services that reflect the cost change in the CPI or industry. (d) The City has the right to refuse to accept the requested cost increase or decrease if it is not properly documented, submitted less than ninety (90) days from the contract expiration date or considered by the City to be excessive or insufficient. In the event the City does not wish to accept the adjusted prices and the matter cannot be resolved to the satisfaction of the City, the contract can be cancelled by the City upon giving thirty (30) days written notice to the Contractor. 7. Safety (a)The Successful Offeror shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The Successful Offeror shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes Section 440.56) and with the standards set forth in the Occupational Safety and Health Act of 1970 (OSHA) and its amendments. (b) The Successful Offeror shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to: (i)All employees on the work site and all other persons who may be affected thereby. (ii) The work and all materials and equipment incorporated therein. (iii) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities not designated for removal, relocation or replacement in the course of the work. (c) Occupational Health and Safety - In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this Bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: (i)The chemical name and the common name of the toxic substance. (ii)The hazards or other risks in the use of the toxic substance, including: (1)The potential for fire, explosion, corrosivity and reactivity; (2) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and (3) The primary routes of entry and symptoms of overexposure. (iii) The proper precautions, handling practices, necessary personal protection equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of exposure. (iv) The emergency procedure for spills, fire, disposal and first aid. (v) A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. (vii)The year and month, 2 Page 188 of 940 City of Deerfield Beach City-Wide Vehicle Washing Services, ITB#2016-17121 if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 8. Clean-Up and Worksite Appearance The Successful Offeror at all times shall keep the worksite free from accumulation of waste materials, rubbish and debris caused by Successful Offeror's operations. At the completion of the work, Successful Offeror shall remove all waste materials, debris, tools, equipment, machinery, and surplus materials from and about the worksite, and return the worksite to a condition suitable for use by the City. All waste materials, rubbish and debris shall be disposed of in accordance with all Federal, State and local codes and regulations. 3 Page 189 of 940 City of Deerfield Beach Citywide Vehicle Washing Services, ITB #2016-17/21 SECTION V- INSURANCE REQUIREMENTS The Offeror's response shall include evidence of insurability meeting the insurance requirements stated herein. The successful Offeror shall not commence the work or otherwise perform the work as required by the resulting Contract until the requirements stated herein are met and the Certificate(s) of Insurance are approved by the City, The Successful Offeror shall assume full responsibility and expense to obtain all necessary insurance. 1. General a. Successful Offeror shall furnish tote Purchasing and Contract Administration Division a Certificate of Insurance or endorsements evidencing the insurance coverage specified herein within fifteen (1 5) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to the Contract(Solicitation Title and Number), and state that such insurance is as required by this Contract. Contractor's failure to provide to City the Certificates of Insurance or endorsements evidencing the insurance coverage within fifteen(1 5)calendar days shall provide the basis for the termination of the Contract. b. Such policy or policies shall be without any deductible amount unless otherwise noted in this Contract and shall be issued by approved companies authorized to do business in the State of Florida, and having agents upon who service of process may be made in Broward County, Florida. Contractor shall pay all deductible amounts, if any. Contractor shall specifically protect City and the Deerfield each City Commission by naming City and the Deerfield Beach City Commission as additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. c. Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of Contractor is complete including all renewal terms. All policies must be endorsed to provide City with at least thirty (30) days' notice of expiration, cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the at of their expiration. d. City reserves the right to review and revise any insurance requirements at the time of renewal oramendment of this Contract, including, but not limited to, deductibles, limits, coverage, and endorsements based on insurance market conditions affecting the availability oraffordability of coverage, or changes inthe scope of work ors cifications that affect the applicability of coverage. If Contractor uses a subcontractor, Contractor shall ensure that subcontractor names City and the Deerfield each City Commission as additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. 2. Coverages Successful Offeror shall, ata minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurance as indicated with a check ark: Commercial Liability Insurance - A Commercial Liability Insurance Policy shall be provided is shall contain limits of no less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury liability, personal injury liability and property damage liability on a per project basis, and shall contain limits of no less than a Two Million Dollars ($2,000.000.00) aggregate. 1 Page 190 of 940 City of Deerfield Beach Citywide Vehicle Washing Services, ITB (#2016-17121 Coverage must be afforded on a form no more restrictive than CG 20 10 10 01 and CG 20 37 10 01 Commercial Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: premises and operations, independent contractors, products and/or completed operations for contracts, broad form contractual coverage applicable to this specific Contract including any hold harmless and/or indemnification Contract, personal injury coverage with employee and contractual exclusions removed and policy limits shall be applied on a primary and non-contributory basis. El Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars($2,000,000) aggregate with a deductible per claim not to exceed ten percent (10%) of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions. ® Business Automobile Liability - Business Automobile Liability shall be provided with minimum limits of One Million Dollars ($1,000,000.00) per occurrence or combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must at a minimum include liability coverage symbols: 2 (owned vehicles), 8 (hired vehicles) and 9 (non-owned vehicles). ® Workers Compensation Insurance -Workers' Compensation insurance to apply for all employees in compliance with Chapter 440, Florida Statutes, as may be amended from time to time, the 'Workers' Compensation Law" of the State of Florida, and all applicable Federal laws. In addition, the policy(ies) must include employers' liability with a limit of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) aggregate limit by disease and One Million Dollars ($1,000,000.00) each employee by disease. Additionally, if there will be operations undertaken on or about navigable waters, a coverage endorsement must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. If exempt for Worker's Compensation, proper documentation shall be provided. ❑ Pollution Liability Insurance - Pollution Liability Insurance for bodily injury, property damage, clean-up costs or corrective action and defense coverage with a limit of no less than $1,000,000 each incident and a general aggregate limit of no less than $1,000,000. This insurance shall include coverage for, but not be limited to; sudden and accidental discharges; dispersal; seepage; release or escape of any solid, liquid gaseous or thermal irritant or contaminant, including but not limited to smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste and waste material into or upon land or any structure on land, the atmosphere or any watercourse or body of water, including groundwater. 2 Page 191 of 940 City of Deerfield each Citywide Vehicle Washing Services, IT #2016-17/21 Fidelity Bond/Crime Insurance - Contractor shall maintain a Fidelity Bond or Commercial Crime insurance including coverage for employee dishonesty, fraud, forgery, alteration and computer crime, when applicable; also Inside/Outside Money & Securities coverage for city-owned assets in the rare, custody and control of the contractor. Coverage limits shall not be less than Twenty Million Dollars($20,000,000.00),the amount scheduled inthe contract. El Cyber Liability Insurance — Cyber Liability Coverage shall be provided with minimum limits of One Million Dollars($1,000,000.00) per occurrence. Cyber liability polices protect businesses against lawsuits filed by customers and other parties that result from security or privacy breaches. Some cover claims alleging libel or slander, invasion of privacy, or infringement of copyright and other intellectual property rights. Note that virtually all cyber liability policies apply on a claims-made basis. 3 Page 192 of 940 City of Deerfield Beach City-Wide Vehicle Washing Services, ITB#2016-17/21 SECTION VI —SCOPE OF SERVICES 1. General The City of Deerfield Beach (City) is actively seeking bids from qualified vendors to provide all labor, materials and equipment for vehicle washing services for various types of City vehicles throughout the year for multiple departments. This will be a term contract. 2. Scope of Services a. The list of City Vehicles are under Attachments, Exhibit I —City Vehicles Inventory List. b. The City Vehicles for Sustainable Management will be externally washed and dried on a weekly basis on Wednesday between the hours of 9:00 a.m. and 3:00 p.m. or on a pre-determined schedule. All other City Vehicles will be externally washed and dried on an as-needed-basis or on a pre-determined schedule. C. The number of vehicles for Sustainable Management to be externally washed and dried will be a minimum of (20) each and a maximum of (46) each or on a pre-determined schedule. d. The location of vehicles to be serviced will be the Central City Campus, Fleet Maintenance, 401 B SW 4th Street, Deerfield Beach, FL 33441 or at a pre-determined location. e. Contractor shall use EPA approved chemicals to perform the washing of vehicles. f. Contractor shall use brushes, sponges and towels that will not scratch the vehicles during the washings. g. Contractor shall provide the water to spray and rinse the vehicles. The water shall be collected, EPA approved, in a high-powered water recovery system and disposed by a fully licensed and permitted environmental service company. h. External washing shall consist of spraying the entire vehicle includes tires and rims with water, apply soap, scrub water and soap with brushes, sponges and clothes, and rinse down with water. I. Washing of vehicles shall be performed on a pavement or concrete surface and not on grass or dirt surfaces. j. Storm drains shall be sealed and the use of oil absorbent booms to collect excessive waste from the washing of the vehicles. k. Contractor shall provide chassis engine washing on an "as-needed-basis" or on a pre- determined schedule. I. Internal cleaning shall consist of vacuuming, cleaning windows/windshield, apply protective cleaner such as Armor All ®to all vinyl and leather surfaces and seats, and removal of trash. This service will be on an as-needed-basis or on a pre-determined schedule. 1 Page 193 of 940 City of Deerfield Beach City-Wide Vehicle Washing Services, ITB #2016-17121 m. External Waxing shall consist of applying automobile wax such as Turtle Wax ® to all metal surfaces, wipe down with cloth by hand and apply vigorous motion or with an electric buffer. All waxing residue shall be removed from the vehicles. 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N N N N N N CD } N N N N NN ca 4i 0 o ) a o o 3 '0 00 ao ti ao U It N It Ln (D d � � V ZO T w 00 0 V O I� 0mco MmMM WOO (� N 00 e r r t- Cl) r r r r 0 0 r N N N N IZ Ln u) � •� LO LO LO Ln V u� LO .�' W N J W i' O J L W G J L FO— Page 203 of 940 NOTICE OF INTENT TO AWARD A CONTRACT FOR CITY-WIDE VEHICLE WASHING SERVICES, ITB#2016-17121. Please be advised that the City of Deerfield Beach staff has reviewed all responsive and responsible bids received and concluded that the lowest, responsive and responsible bid was submitted by Superior Wash. Therefore staff is recommending award of the subject contract to them. The award recommendation is scheduled to be presented to the City Commission at the September 5, 2017 City Commission Meeting, but is subject to change. Please be advised that a cone of silence is still in effect. Should you have any questions please contact the Purchasing and Contract Administration Division at 954-480-4381. We appreciate the time and effort put forth by all those who responded to this solicitation and hope you continue to show interest in City of Deerfield Beach Projects. Best Regards, Paul Collette, Buyer. Page 204 of 940 The City of Deerfield Beach, FL Bid Summary Bid Information Contact Information Ship to Information Bid Creator Paul Collette Buyer Address 401 SW 4th Street Address City of0eerfield Beach Email pcollette@deerfield-beach.com 401 B SW 4th Street Phone (954)480-4418 Deerfield Beach,FL 33441 Deerfield Beach,FL 33441 Fax (954)480-4388 Contact Paul Collette,Buyer Contact German Cardona Department Purchasing and Contract Department Sustainable Management Bid Number 2016-17/21 Administration Division Building B Title City-Wide Vehicle Washing Services Building A FloodRoom Bid Type ITS(Commodity) Flaor/Room 2nd Telephone (954)420-5568 Issue Date 6/30/2017 09:00 AM(ET) Telephone 954(480)4418 Fax (954)480-4393 Close Bate 711812017 02:00:00 PM(ET) Fax 954(480)4388 Email gcardona@deerrieEd-beacti.com Email pcollette@deerfield-beach,rom Invited Suepliers_ Supplier Name Contact Name city,state Invitation Email Invite Type EcoPowerWashingSolutinos Jeffery krosecky Boca retch, FL dckidsinsfl29@grnaii.com Manual Kings Service of South Florida Inc. Derrell Bowen Fort Lauderdale, FL kingssvcfla@aol.com Manual ACM Group, Inc.(A Construction Angine Moss/Naomi Wright West Park,FL acmgroupinc@_att.net Auto Maintenance Group, Inc.) All N Professional Services,Inc. Cleve Baker Miami,FL bakerliic@gmaii.com Auto Anago of South Florida(Estrellita INC.) Veronica Felipe Fort Lauderdale, FL tgraham@anagouSa.com; Auto vfelipe@anagousa.00m Auto Glass Perfections, Inc. Tamara Casanova Fort Lauderdale, FL Auto tcassnova@,autoglassperfections.com C&T Hood Cleaning LLC(Christopher) Christopher warren ft. Lauderdale, FL ewarren6538@,yahoo.com Auto Cobalt Commercial Services USA Chris Dom Dania Beach,FL Auto Cdorn@cobaitcommercialservices.com Comet Cleaning Systems Courtney Stephens plantation,FL cometcleani ngsystem s@gmail.earn Auto Deerfield Ace Hardware,Inc. Frank Tropepe Deerfield Beach,FL deerfleJdacehardware @gmail.com; Auto tropepef@gmaii.com EST Companies LLC Terry Lo tis Tempe,AZ terry.locatis@estcos.com Auto Heritage-Crystal Clean, LLC Contract Administration Elgin, IL cc_bid_notices@crystal-clean.com Auto Pro Collision Center(Professional Collision Deerfield Beach,FLspeedyil@aol.com Auto Centers of America) Southern Carpet Care Inc. Jose Iniguez elmont, NY jiniguez@elitemaintenancemgt.rom Auto Superior Wash(Tri-County Mobile Wash Brune Lo Castro I Joseph Pembroke Pines, FL support@superiorwash.com Auto Inc.) Scott SWS Environmental Services(Progressive Jeffry Peleg Fort Lauderdale, FL jeffry.peieg@swsenvironmental.rom Auto Environmental Services,Inc.) Thoroughbred Waste Services,LLC Jilliann Lopapa Coconut Creek,FL twswasteservice@gmall.com Auto Trinity 3 Building Solutions, Inc. James Thompkins. West Palm beach, FL Trinity3bs@yahoo.com Auto External Invitations Invite Date Email Status 6/3012017 09=AM(ET) info@attaboydetalling.com Activated 6/3012017 09:00 AM(ET) info@onecalldetailing.com Invitation Sent 6/30/2017 09:00 AM(ET) tinytimg7@bellsouth.net Activated 613012017 09:00 AM(ET) richardldebusk@att.net Invitation Sent 6!30/2017 09:00 AM(ET) info@fleeteleanusa.com Invitation Sent 6/30/2017 09:00 AM(ET) frank@totlmd-com Invitation Sent 6130/2017 09:00 AM(ET) jwyche@trashco.org Invitation Sent 2016-17/21 Page 1 of 16 Page 205 of 940 6/30/2017 09:00 AM(ET) info@pro7exoticdetails.com Invitation Sent 6/30/2017 09:00 AM(ET) contact@cardetailing.com Invitation Sent 6/30/2017 09:00 AM(ET) support@superiorwash.com Invitation Sent 6/30/2017 09:00 AM(ET) info@mypremiumcarwash.com Invitation Sent 6/30/2017 09:00 AM(ET) tru.shinemobiledetailing@gmail,com Invitation Sent 6/30/2017 09:00 AM(ET) info@a-lautodetailing.com Invitation Sent Bid Notes The City of Deerfield Beach is soliciting responses from vendors to provide City-Wide Vehicle Washing Services in accordance with the terms,conditions and scope of services of this formal solicitation. Bid Activities Date Name Description 7/7/2017 05:00 PM(ET) Last Day to Submit Questions 1 Please submit all questions and requests for clarification by this date and time. Inquiries Requests for Clarification received after this dale and time will not be entertained.Thank you. 7/11/2017 05:00 PM(ET) Last Day the City Will Issue Addenda be released via the eProcurement Marketplace when necessitated.This the last Addenda date and time the City will issue an addendum. Bid Messages Date Subject Message 07!13117 Submitting a Response Offerors please let us know if you are submitting a response to this bid by the closing date and time of July 18, 2017 at 2:00 p.m. If you are not submitting a response to this bid,please provide your reasons.Please respond to my e-mail address prollette@deerfield-beach.com,Thank you. Bid Attachments The following attachments are associated with this opportunity and will need to be retrieved separately # Filename Description Header 1721 Section I-Response Section I-Response Requirements Requirements.pdf Header 1721 Section II-Evaluation and Section II-Evaluation and Award Procedures Award Prooedures.pdf Header 1721 Section III-General Terms Section III-General Terms and Conditions and Conditions.pdf Header 1721 Section IV-Special Terms Section IV-Special Terms and Conditions and Conditions.pdf Header 1721 Section V-Insurance Section V-Insurance Requirements Requirements.pdf Header 1721 Section VI-Scope of Section VI-Scope of Services Services.pdf Header 1721 Exhibit I-City Vehicles Exhibit I-City Vehicles Inventory List Inventory List.pdf 2016-17121 -Page 2 of 16 Page 206 of 940 Header 1721 Attachment A- Attachment A-References References-dorx Header 1721 Attachment B-Statement Attachment B-Statement of No Bid of No Bid.docx Header 1721 Attachment C-Draft Attachment C-Draft Contract Contract.pdf Bid Attachments Requested The following attachments are requested with this opportunity # Required Specified Attachment 1 YES Past Projects:Offeror shall identify two(2)projects within a minimum of one(1)year where the Offeror has provided similar services as requested in this solicitation. Please provide the following information for each project: 1.The name of the project,the owner, year performed and the project location.2.A reference, including a contact name, addresses and phone number.This reference should be the staff member who was In charge of the project. 2 YES Proof of Insurability : Provide proof of insurability meeting the minimum insurance requirements stated in the Insurance Requirements.This is typically accomplished by submitting a current and active Certificate of Insurance,a sample(for bidding purposes only)Certincate of Insurance, or a letter from the insurer certifying that the Offeror does have the capacity and capability to obtain the required insurance. 3 YES Local Business Tax Receipt :Submit a copy of your firms local business tax receipt for the principal place of business. 4 YES W-9 Form: Offeror shall provide a copy of their W-9 Form with the response. Bid Attributes 2016-17/21 -Page 3 of 16 Page 207 of 940 # Name Note Response 1 Drug-Free Workplace Programs Whenever two or more bids,proposals,or replies that are Required equal with respect to price,quality,and service are received by the state or by any political subdivision for the procurement of commodities or contractual services,a bid, proposal,or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In accordance with Florida Statutes,Chapter 287,Section 287.087, Vendor hereby affirms that their business does: (1)Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2)Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3)Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). (4)In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. (5)Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by,any employee who is so convicted. (6)Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Valid Responses: [Please Select],Yes, No 2016-17121 - Page 4 of 16 Page 208 of 940 2 Indemnification To the fullest extent permitted by law,the Contractor Required agrees to indemnify,defend and hold harmless the City,its officers, agents,volunteers, and employees from and against all claims,damages, losses,and expenses, including but not limited to attorney fees, court costs,or other alternative dispute resolution costs arising out of or resulting from the performance of work under this Agreement;provided that any such claims,damages, losses or expenses are attributable to bodily injury, sickness,disease,death, or personal injury,or property damage; but only to the extent used in whole or in part by the negligent acts,errors, or omissions of the Contractor,Contractor's subcontractor(s),or anyone directly or indirectly employed or hired by Contractor or anyone for whose acts Contractor may be liable,or regardless of whether or not caused in whole or in part by the negligent acts,errors, or omissions of the C4 its officers, agents,volunteers,or employees,unless such negligent acts,errors,or omissions constitute gross negligence or intentional misconduct. The City reserves the right,but not the obligation,to participate in defense without relieving Contractor of any obligation hereunder. Contractor agrees this indemnity obligation shall survive the completion or termination of the Agreement. 3 Non-Collusive Affirmation 1.Vendor is an authorized Owner,Partner, Officer, Required Representative, or Agent of the business entity submitting a response to the subject solicitation; 2.Vendor is fully informed respecting the preparation and contents of the response and of all pertinent circumstances respecting such response; 3.Such response is genuine and is not a collusive or sham response; 4.Neither the vendor nor any of its Officers,Partners, Owners,Agents, Representatives, Employees or Parties in interest,including this affirmant, have in any way colluded, conspired,connived or agreed, directly or indirectly,with any other vendor,firm,or person to submit a collusive or sham response in connection with the work for which the response has been submitted;or to refrain from submitting a response in connection with such work; or have in any manner,directly or indirectly,sought by agreement or collusion,or communication, or conference with a vendor, firm or person to fix the price or prices in the attached response or of any other vendor,or to fix an overhead, profit, or cost elements of the submitted price(s)or the submitted price(s)of any other vendor,or to secure through any collusion, conspiracy, connivance,or unlawful agreement any advantage against(Recipient),or any person interested in the proposed work; 5.The price or prices quoted in the response are fair and proper and are not tainted by any collusion, conspiracy, connivance,or unlawful agreement on the part of the vendor or any other of its agents, representatives,owners, employees or parties in interest, including this affirmant. 2016-17/21 Page 5 of 16 Page 209 of 940 4 Ethics Code Disclosure Pursuant to Section 2-505 Chapter 2,Article IX,Known as Required the City of Deerfield Beach Ethics Code,any applicant for a land use change or development permit requiring approval of the City Commission or any person/entity seeking a City agreement through an Invitation to Bid, request for qualifications or sealed bids process must provide the following information: a. Include a listing of all campaign contributions to a city commissioner in the past four(4)years,as well as contributions of all officers, directors,shareholders of a corporation(if the applicant is a corporation)or partners(if the applicant is a partnership),or members whether generally or limited (if it's a limited liability company): b.Disclose all those items that a regulated officer is required to disclose concerning any conflict,whether actionable or non-actionable: c. Disclose any action that is a violation of this Ethics Code by a regulated officer with the applicant and/or applicant's agents,and what was done to rectify the violation: If ANY OF THE ABOVE ARE APPLICABLE, ATTACH TO THE RESPONSE ALL NECESSARY AND RELEVANT INFORMATION AND DOCUMENTATION ASINDICATED IN EACH STATEMENT(a.,b.,and c.) Valid Responses: [Please Select],Not Applicable, At least one of the statements is applicable 5 Completing the Statements of Qualification All statements and questions require a response and shall Display be completed as required.Should a statement or question not apply,"not applicable", "none",or a similar statement is sufficient. 6 Compliance with Florida Factitious Name Statute If you are operating under a factitious name attach Display evidence of compliance with the Florida Factitious Name Statute,FL Statute 865.09,to this response. 7 Litigation History Does your firm,any principals, staff,employees,or Required subcontractors who will be assigned to this contract have a conviction or a plea of nolo contenders, regardless of when the plea or conviction occurred,which includes a felony or misdemeanor involving terrorist behavior, violence,use of a dangerous weapon, crimes of moral turpitude or breach of trustifiduciary responsibility or which raises concerns about building,system,or personal security or is otherwise a job-related crime?If so please provide details? 8 Conflicts of Interest Offeror affirms that they read and understand Florida Required Statute 112.313, Standards of conduct for public officers, employees of agencies, and local government attorneys. For purposes of determining any possible conflicts of interest,all respondents must disclose if any City of Deerfield Beach employee is also an owner, or employee of their business.If yes,give person(s)names(s)and position(s)and you must file a statement with the Supervisor of Elections,pursuant to Florida Statutes 112.313 with you r business. 9 Former Business Names Under what other former names has your organization or Required principals holding at least 30% interest operated? 2016-17/21 Page 6 of 16 Page 210 of 940 10 Years of Experience How many years has your company been in business Required providing the products and services that are subject to this solicitation? 11 Default and Non-Performance Histroy Have you ever been found In default of a contract,failed to Required complete any work awarded to you, or otherwise been notified of issues of non-performance by a party to any contract with your business? If yes,provide details. 12 Litigation History Does your firm,any principals, staff,employees,or Required subcontractors who will be assigned to this contract have a conviction or a pies of note contendere, regardless of when the plea or conviction occurred,which includes a felony or misdemeanor involving terrorist behavior, violence,use of a dangerous weapon, crimes of moral turpitude or breach of trust/fiduciary responsibility or which raises conoems about building,system,or personal security or is otherwise a job-related crime?If so please provide details? Line Items # Qty UO M Description Response 1 1,0000 ea Group 1: Citywide Vehicle Washing Services for Two Door Coupes and Unit Price Four Door Sedans. (Optional) Package Line Items: UOM Description Response 1.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 1.2 1,0000 ea Cleaning Inside Vehicles as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 1.3 1.0000 so Waxing and Polishing Vehicles as per Attachments,Section V1-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: .......... 2 1.0000 ea Group 2: Citywide Vehicle Washing Services for Small Sport Utility Unit Price Vehicles (SUV),Example: Ford Escape. 2016-17/21 - Page 7 of 16 Page 211 of 940 Package Line Items: _............... _........ ....._.. # Qty UOM Description Response 2.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 2.2 1.0000 ea Cleaning Inside Vehicles as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 2.3 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 3 1.0000 ea Group 3:Citywide Vehicle Washing Services for Medium Sport Utility Unit Price Vehicles(SUV),Example:Toyota 4-Runner. Package Line Items: Qty UOM Description _ Response 3.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 3.2 1.0000 ea Cleaning Inside Vehicles as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 3.3 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 4 1.0000 ea Group 4: Citywide Vehicle Washing Services for Large Sport Utility Unit Price Vehicles (SUV),Example: Ford Explorer. 2016-17121 - Page 8 of 16 Page 212 of 940 Package Line Items: Qty UOM Description Response 4.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 4.2 1.0000 ea Cleaning Inside Vehicles as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 4.3 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (optional) Supplier Notes: 5 1.0000 ea Group 5: Citywide Vehicle Washing Services for Passenger Buses(18 Unit Price Passenger or Less). Package Line Items: # Qty UOM Description Response 5.1 1.0000 ea Basic Washing Services as per Attachments,Section Vi-Scope of Services. Unit Price (Optional) Supplier Notes: 5.2 1.0000 ea Cleaning Inside Vehicles as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 5.3 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 6 1.0000 ea Group 6:Citywide Vehicle Washing Services for Cargo Vans. Unit Price 2016-17121 -Page 9 of 16 Page 213 of 940 Package Line Items: Qty UOM Description Response 6.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 6.2 1.0000 ea Cleaning Inside Vehicles Cab as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 6.3 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 7 1.0000 ea Group 7:Citywide Vehicle Washing Services for Transit Cargo Vans. Unit Price Package Line Items: # Qty UOM Description Response 7.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 7.2 1.0000 ea Cleaning Inside Vehicles as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: -...-............................. 7.3 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 8 1.0000 ea Group 8: Citywide Vehicle Washing Services for Small Two Door Pick-up Unit Price Trucks, Example:Ford Ranger. 2016-17121 -Page 10 of 16 Page 214 of 940 Package Line Items: ............................ .......... 9 Qty UOM Description Response 8.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: ............ 8.2 1.0000 ea Cleaning Inside Vehicles as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 8.3 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 9 1.0000 ea Group 9: Citywide Vehicle Washing Services for Medium Pick-up Trucks, Unit Price Example: Ford 150 and Ford 250. Package Line Items: # Qty UOM Description Response 9.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 91 1.0000 ea Cleaning Inside Vehicles as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 9.3 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: ............................ 10 1.0000 ea Group 10:Citywide Vehicle Washing Services for Large Pick-up Trucks, Unit Price Example: Ford 350 and Ford 450. 2016-17/21 -Page 11 of 16 Page 215 of 940 Package Line Items: # Qty UOM Description Response 10.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 10.2 1.0000 ea Cleaning Inside Vehicles as per Attachments,Section V1-Scope of Services. Unit Price (Optional) Supplier Notes: 10.3 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 11 1.0000 ea Group 11:Citywide Vehicle Washing Services for Roll-Off Truck Unit Price (Sustainable Management). Package Line Items: Qty UOM Description Response 11.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 11.2 1.0000 ea Cleaning Inside Vehicles Cab as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 11.3 1.0000 ea Cleaning Inside Vehicles Chassis as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: . .... 2016-17121 -Page 12 of 16 Page 216 of 940 11 A 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: ............ 12 1.0000 ea Group 12:Citywide Vehicle Washing Services for Front-End Loader Unit Price (Sustainable Management). Package Line Items: ...........11.11.11.11.11.11............. # Qty UOM Description Response 12.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 12.2 1.0000 ea Cleaning Inside Vehicles Cab as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 12.3 1.0000 ea Cleaning Inside Vehicles Chassis as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 12.4 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 13 1.0000 ea Group 13:Citywide Vehicle Washing Services for Side-Loader Truck Unit Price (Sustainable Management). Package Line Items: # Qty UOM Description Response 13.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: ........... 2016-17/21 Page 13 of 16 Page 217 of 940 13.2 1.0000 ea Cleaning Inside Vehicles Cab as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 13.3 1.0000 ea Cleaning Inside Vehicles Chassis as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 13.4 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 14 1.0000 ea Group 14: Citywide Vehicle Washing Services for Boom Trash Truck Unit Price (Sustainable Management). Package tine Items: Qty UOM Description Response 14.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 14.2 1.0000 ea Cleaning Inside Vehicles Cab as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 14.3 1.0000 ea Cleaning Inside Vehicles Chassis as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 2016-17121 -Page 14 of 16 Page 218 of 940 14.4 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 15 1.0000 ea Group 15: Citywide Vehicle Washing Services for Moving Truck(Thrift Unit Price Shop). Package Une Items: .......... # aty UOM Description Response 15.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Supplier Notes: 15.2 1.0000 ea Cleaning Inside Vehicles Cab as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 15.3 1.0000 ea Cleaning Inside Vehicles Chassis as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 15.4 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 16 1.0000 ea Group 16:Citywide Vehicle Washing Services for Miscellaneous Unit Price Recreational Vehicles (Parks and Recreation). Package Line Items: ........................ # City UOM DescriptionResponse .. ........ ........ 16.1 1.0000 ea Basic Washing Services as per Attachments,Section VI-Scope of Services. Unit Price (Optional) Suppiier Notes: ..................--................... 2016-17/21 Page 15 of 16 Page 219 of 940 16.2 1.0000 ea Cleaning Inside Vehicles Cab as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 16.3 1.0000 ea Cleaning Inside Vehicles Chassis as per Attachments,Section VI Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 16.4 1.0000 ea Waxing and Polishing Vehicles as per Attachments,Section VI-Scope of Services(Optional). Unit Price (Optional) Supplier Notes: 2016-17121 - Page 16 of 16 Page 220 of 940 BUSINESS TAX RECEIPT CITY OF OAKLAND PARK 2016-2017 15NI VI)1)VI E: April 27 2017 TRI C01 INTN MOBIL WAS11 INC' IVII/A SUPERIOR WASH 1021) NE44 ST OAKLAND PARK, VL 33334 %ju kxj)I I g A.;1()N(m,I u 1A 1ASE N1 NIHIM 2017003813 11{13x:1 SUPERIOR NNASH 2017003813 1020 NL;44 OAKLAM)PARK, Ff. 33334 Ll VI`%.N 1.F N N R V.S 9131 V21 0 17 TIM PERSON OR FIRM XAMM)ABONT IS 11LIMM lXTNSIA)TO I,%'[lik.' Jtj SlINLSS Of?0(-( 11.11INTION LISUIA) BEIAM IN 11IF CITX 01, OkKLAND PARK FLORIDA, ftE tii�1,� 111: 4 N11'1111` SAIF S/ BILLM; FOR MORILETRUCK WASHING tit~RVICES ( 0 FIZI CF ON IN OFFICE ONIN 1ACLNSEMU1'l HE CONSPICITOUSIA POSTED Al 'I'llE PIA( 1; 0VU1 SINESS SIIO'tVN Page 221 of 940 fir,w e m P Ple'rMck wash ptvPke July 18", 2017 To Whom It May Concern, Superior Wash currently hold the contract for Request for Quote #2016-17/22 for Liquid Waste Spill Clean-Up Services for the City of Deerfield Beach and has been washing waste vehicles for the City of Deerfield Beach for the last 5 years. Kindest Regards, Bruna Lo Castro Franchise Support Manager Superior Wash@)- Corporate Office Office: 77 794-9274 ext. Cell: (95692-4468 RV AO WIAs Page 222 of 940 CONTRACT This CONTRACT is entered into by and between the CITY OF DEERFIELD BEACH (CITY), a municipal corporation and TRI-COUNTY MOBILE WASH, INC. DBA SUPERIOR WASH (CONTRACTOR), as follows: W IT N E S S E T H, WHEREAS, pursuant to IT #201&17/21 (the ITB) the CITY accepted competitive bids for City- wide Vehicle Washing Services (the Services); and WHEREAS, the Services are delineated int IT and , tis CONTRACT, the ITB and the CONTRACTOR's Response constitute the entire CONTRACT and describe the Services to be provided; and WHEREAS, after evaluation of pdce and other evaluation criteria specified in the ITB, City Staff and City Commission of the City of Deerfield Beach, Florida, has determined that the low, responsive and responsible bid was submitted by CONTRACTOR and that CONTRACTOR has the necessary resources, experience and ability to perform the CONTRACT at a competitive price; and WHEREAS, the CITY has awarded the CONTRACT to CONTRACTOR for the Services on Si�2_1. 5, 2 1 , Resolution No2017 /11_q NOW THEREFORE, be it agreed by and between the parties as follows: ARTICLE 1 1NIRQQUQT[QN,AND SCOPE OF SERVICES 1.1 The above referenced Whereas clauses are true and correct and made a part hereof. 1.2 This CONTRACT, the ITB, together with the response to the IT of CONTRACTOR shall constitute the entire CONTRACT. The parties agree that the scope of services is a description of CONTRACTOR's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, parts, equipment, is and tasks is are such an inseparable part of the work described that exclusion would render performance by CONTRACTOR impractical, illogical, or unconscionable. 1.3 Except as specifically modified herein, CONTRACTOR shall be bound by the terms and conditions and prices as set forth in the IT and the CONTRACTOR'S Response to the ITB. When the terms and conditions of this CONTRACT may be read as consistent with the ITB, then and int respect, the terms of both the ITB and this CONTRACT shall be read as being consistent and shall be binding on of parties. Where terms and conditions of this CONTRACT contradict anything as set forth in the ITB or the response to the ITB, then the terms and conditions of this CONTRACT shall be binding and in full force and effect to the extent of any inconsistency. 1.4 This is a non-exclusive CONTRACT. The CITY may, in its sole and absolute discretion, utilize other parties to provide any of the services listed in the ITB, or any aspect oft Services if the CITY deems it to be in the best interest of the CITY. Page 223 of 940 1.5 CONTRACTOR acknowledges and agrees that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this CONTRACT. ARTICLE 2 TERM AND TIME OF PERFORMANCE 2.1 The initial CONTRACT term shall be for two (2) years beginning October 1, 2017 and ending September 30, 2019 with the option to renew the CONTRACT for three (3) additional one (1) year renewal terms providing all terms, conditions and scope of services remain the same, both parties agree to the renewal, and such renewal is approved by the CITY. 2.2 In the event the CONTRACT is scheduled to end because of the expiration of the CONTRACT, the CONTRACTOR shall continue to provide the products and services upon the request of the City Manager or his designee. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing CONTRACT. The CONTRACTOR shall be compensated for the products and services at the rate in effect when this extension clause is invoked by the CITY. 2.3 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this CONTRACT. ARTICLE 3 QOMPENSATION 3.1 The CITY shall compensate the CONTRACTOR for services provided by the CONTRACTOR, CITY agrees to pay CONTRACTOR, in the manner specified in the ITB, the amounts set forth in CONTRACTOR's response for work actually performed and completed pursuant to this CONTRACT, which amount shall be accepted by CONTRACTOR as full compensation for all such work, It is acknowledged and agreed by CONTRACTOR that this amount is the maximum payable and constitutes a limitation upon CITY's obligation to compensate CONTRACTOR for its services related to this CONTRACT. This amount, however, does not constitute a limitation, of any sort, upon CONTRACTOR's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. No amount shall be paid to CONTRACTOR to reimburse its expenses. 3.2 The CONTRACTOR and the CITY shall abide by the Florida Prompt Payment Act, FL SS. 218.70-218.80. ARTICLE 4 TERMINATION OR �&EENSION 4.1 This CONTRACT may be terminated for convenience by the CITY. Termination for convenience by the CITY shall be effective on the termination date stated in written notice provided by CITY, which termination date shall be not less than thirty (30) days after the date of such written notice. This CONTRACT may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health or safety. The parties agree that if CITY erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 2 Page 224 of 940 4.2 This CONTRACT may be terminated for cause for reasons including, but not limited to, CONTRACTOR's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this CONTRACT. 4.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this CONTRACT except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the"NOTICES"section of this CONTRACT. 4.4 In the event this CONTRACT is terminated for convenience, CONTRACTOR shall be paid for any services properly performed under the CONTRACT through the termination date specified in the written notice of termination. CONTRACTOR acknowledges and agrees that it has received good, valuable and sufficient consideration from CITY, the receipt and adequacy of which are, hereby acknowledged by CONTRACTOR, for CITY's right to terminate this CONTRACT for convenience. 4.5 In the event this CONTRACT is terminated for any reason, any amounts due CONTRACTOR shall be withheld by CITY until all documents are provided to CITY pursuant to Section 6.1 of Article 6. 4.6 Should at any time during the term of this CONTRACT, including any option terms, the CONTRACTOR is in violation of any of the terms and conditions of this CONTRACT, the CITY shall have the right to suspend the CONTRACTOR until the violation is resolved to the satisfaction of the CITY. If the violation is not promptly resolved or is of such serious nature that the CITY determines that suspension is not adequate, the CITY reserves the right to terminate for cause. 4.6.1 In the event a CONTRACTOR is terminated, the CITY may assign the CONTRACT to another CONTRACTOR, or seek a new CONTRACTOR, until the contract is re-let, or until the end of the CONTRACT term then in effect, at its sole option and shall reserve all legal remedies for damages and other relief. ARTLQLE 5 ANDA A_ 5.1 CONTRACTOR shall not unlawfully discriminate on the basis of race, color, national origin, sex, religion, age, political affiliation or disability in the performance of this CONTRACT, the solicitation for or purchase of goods or services relating to this CONTRACT, or in subcontracting work in the performance of this CONTRACT. CONTRACTOR shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non- discrimination requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with the foregoing requirements is a material breach of this CONTRACT, which may result in the termination of this CONTRACT or such other remedy as CITY deems appropriate. 5.2 CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this CONTRACT. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. 3 Page 225 of 940 ARTICLE 6 MISCELLANEOUS 6.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this CONTRACT are and shall remain the property of CITY; and, if a copyright is claimed, CONTRACTOR grants to CITY a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this CONTRACT, any reports, photographs, surveys, and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of CITY and shall be delivered by CONTRACTOR to the Contract Administrator within seven (7) days of termination of this CONTRACT by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 6.2 AUDIT RIGHT AND RETENTION OF RECORD OWNER shall have the right to audit the books, records, and accounts of CONTRACTOR and its subcontractors that are related to this Project. CONTRACTOR and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of CONTRACTOR and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, CONTRACTOR or its subcontractor, as applicable, shall make same available at no cost to OWNER in written form. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (954-480-4215, WEB.CLER!jQdQEERFI ELD-B EACH.COM, CITY OF DEERFIELD BEACH, CITY CLERK'S OFFICE, 150 NE 2N° AVENUE, DEERFIELD BEACH, FL 33441). (a) Contractor shall: 1. Keep and maintain public records required by the CITY to perform the service. 2. Upon request by the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the CITY. 4. Upon completion of the contract, transfer, at no cost, to the CITY all public records in possession of the contractor or keep and maintain public records required by the CITY to perform the service. If the contractor transfers all public records to the CITY upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. if the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of records, in a format that is compatible with the information technology systems of the CITY, 4 Page 226 of 940 No confidentiality or non-disclosure requirement of either federal or state law shall be violated by CONTRACTOR or its subcontractors. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for OWNER'S disallowance and recovery of any payment upon such entry. CONTRACTOR shall, by written contract, require its subcontractors to agree tot requirements and obligations of this Section 6.2. 6.3 COMPLAINTS AND DISPUTES: All complaints concerning misconduct on the part of the CONTRACTOR or disputes between it staff and the CONTRACTOR are referred to the City Manager or his designee, who shall conduct investigations and inquiries, including discussions with the CONTRACTOR and involved staff. The determinations of the City Manager or designee shall be binding upon the parties, and failure of the CONTRACTOR to follow any such determination could be considered a material breach and subject the CONTRACTOR to termination for cause. The CONTRACTOR agrees that any complaints received by the CITY concerning misconduct on the part of the CONTRACTOR, such as excessive charges, poor business practices etc., will be referred to the Office of the City Manager for appropriate action. The CONTRACTOR agrees to make any complaints concerning the City of Deerfield Beach available to the Office oft City Manager for action as required. 6.4 THIRD.B&RIY,8EN_EQQMJU Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this CONTRACT. Therefore, the parties agree that there are no third party beneficiaries to this CONTRACT and that no it party shall be entitled to assert a right or claim against either of them based upon this CONTRACT. &5 NOTICES ver either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed tot party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. ort present, the parties designate the following: FOR CITY: Burgess Hanson, it Manager City of Deerfield Beach 150 NE 2nd Avenue Deerfield Beach, FL 33441 ,EQR QQNIRAQM : Bruna Lo Castro, Franchise_Suj2pojager Superior Wash 0 z. FIS Ineoi1 Pembroke Fines,,FIL 33027 5 Page 227 of 940 6.6 MATERIALITY AND WAIVER OF BREACH CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this CONTRACT and that each is, therefore, a material term hereof. CITY's failure to enforce any provision of this CONTRACT shall not be deemed a waiver of such provision or modification of this CONTRACT. A waiver of any breach of a provision of this CONTRACT shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this CONTRACT. 6.7 SEVERANCE In the event a portion of this CONTRACT is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this CONTRACT. An election to terminate this CONTRACT based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.8 JOINT PREPARATION Each party and its counsel have participated fully in the review and revision of this CONTRACT and acknowledge that the preparation of this CONTRACT has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this CONTRACT shall be interpreted as to its fair meaning and not strictly for or against any party. 6.9 WAIVER OF J iJ RY TRIAL By entering into this CONTRACT, CONTRACTOR, and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this CONTRACT. 6.10 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this CONTRACT and executed by the Board and CONTRACTOR or others delegated authority to or otherwise authorized to execute same on their behalf. 6.11 PRIOR CONTRACTS This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, Contracts, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, Contract, or understanding concerning the subject matter of this CONTRACT that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or CONTRACT, whether oral or written. 6.12 REPRESENTATION OF AUTHQRITY Each individual executing this CONTRACT on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this CONTRACT, duly authorized by all necessary and appropriate action to execute this CONTRACT on behalf of such party and does so with full legal authority. 6.13 MULTIPLE ORIGINALS Multiple copies of this CONTRACT may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. 6 Page 228 of 940 IN WITNESS WHEREOF the parties have caused these presents to be executed. CITY OF DEERFIELD BEACH hR By: M B9_R(3EWq HANSON CITY MANAGER 9 Date: AT EST: r W111 9A GILLY , CMC, CITY CLERK APPROVED AS TO FO ANDREWS. MADWODIS, CITY ATTORNEY CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATE® BELOW. USE INCORPORATED OR NON-INCORPORATED FORMAT, AS APPLICABLE. [If incorporated sign below.] CONTRACTOR ATTEST: Superior Wash �— {N Corporation) -- « `(Secretary) (Signature) Bruna Lo Castro, Franchise Su ort ManaOer (Corporate Seal) (Type Name/Title Signed Above) 30th day of AUust 2017 [If non-incorporated sign below.] CONTRACTOR WITNESSES: (Name) By (Signature) (Type Name Signed Above) day of - - , 20 CITY REQUIRES TWO (2) FULLY-EXECUTED CONTRACTS FOR DISTRIBUTION. 7 Page 229 of 940 a bD m I N P P, O rL CL CL CL CL 06 CL M CL ti CL CL i m as a a 3 3 3 3 cn to 0 0 O Q 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 Ln r� Ln r� Ln Ln Ln Ln CL m Ln h Ln r® tri Ln a m r air► aih °' y avmiUl c c c c LU c c c a a a a x x x x x x x ® � v ui 00 0 0 0 0 c 0 0 00 0 O 0 a w o o a w o o E D a o w o o a o 0 m u Ln r, u_ Ln n u Ln in tri m v Ln r� `n r® u Ln LA 'w m `n in. � L- In � cV N .L n° r rn Ln L ri ` in. 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CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve the "Boynton Beach Town Square" record plat, conditioned on the approval being the certification of the plat documents by the City Engineer. EXPLANATION OF REQUEST: Approve the record plat that supports the development of the subdivided land in accordance with the Site Development plan titled "Boynton Beach Town Square." The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City's platting and zoning requirements. Staff recommends approval of the record plat as presented subject to final signatures by the City Engineer and Mayor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed development cannot be implemented until this proposed recorded plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit(LDP) cannot be issued until the proposed plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: N/A ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? 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CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve the issuance of an annual blanket purchase order to Sunbelt Waste Equipment of Pompano Beach, FL for an estimated annual expenditure of$85,000. Sunbelt Waste Equipment is the sole source authorized dealer and repair center for Heil products. EXPLANATION OF REQUEST: Time Period: October 1, 2018 - September 30, 2019 This vendor is a Sole Source that provides service and support for all Heil units and is responsible for both sales and support for factory authorized warranty work and sale of Heil service parts. We are requesting an annual estimated expenditure of$85,000 effective thru September 30, 2019 (Attached Sole Source Letter) The automated trucks used in the Solid Waste Division consists of Heil manufactured waste haul bodies. Sunbelt will be used on an "As-Needed" basis. Previous year's expenditures: FY 17/18 $63,141 to date FY 16/17 $67,378 FY 15/16 $29,373 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will use this contract to provide service support to equipment for City departments such as the Solid Waste Division. FISCAL IMPACT: Budgeted Funding is budgeted for repairs in the FY18/19 through the 501-5000-590-09- 82 charge back account. ALTERNATIVES: Utilize the use of confirming purchase orders for repairs. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 246 of 940 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Various Vendors START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Sole Source Letter Sunbelt Hydraulic & Equipment® Sole Source Letter Page 247 of 940 Environmental 4Solutions Group W1 r mflOn® a ®' ' 3rd � pJE August 22, 2018 Subject: Heil Environmental Authorized Dealer Representation To Whom It May Concern: Please be advised that Sunbelt Waste Equipment is an authorized dealer for Heil Environmental. Sunbelt Waste's geographical Area of Responsibility("AOR") includes the following counties in the state of Florida: Brevard, Indian River, Okeechobee, St. Lucie, Martin, Glades, Charlotte, Lee, Hendley Palm Beach, Collier, Broward, Miami-Date, and Monroe. Accordingly, Sunbelt Waste is responsible for both sales and support (including but not limited to factory-authorized warranty work and sale of Heil service parts) for all Heil products in the counties of Florida as listed in the paragraph above. There are no other Heil authorized dealers in the counties listed above in Florida for Original Equipment Manufacturer ("OEM") service parts for our Products. Respectfully submitted, ,. , George Paturalski Senior Director, Risk Management On August 22, 2018, the signatory above, George Paturalski did appear before me and affirm the veracity of the information supplied herein. ®�®ar'lrarrrr o� STATE NOTARY POBfIC OF - TENNESSEE NOTARY PUBLIC My Commission Expires April 24,2022 4 Commission Expiration Date 4#1#,44110%1%%1"� Affix Seal Above ENVIRC)NMEWAL SOLUTIOW; .„mRmp 2320 HAW4..::ON PLUA,.rE BOULEVARD,SUP,_200 - i,H .TANDC:k'./t,TN 374,21 (423)648-5250 §:��'ai'i gpaturalsk�@di vexes .i,,,o '# * n DOYER eowPMY Page 248 of 940 6.H. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve the issuance of an annual blanket purchase order to South Florida Emergency Vehicles for an estimated annual expenditure of$75,000. South Florida Emergency Vehicles is the sole source authorized dealer and repair center for Fire Engine & Ladder units. EXPLANATION OF REQUEST: Time Period: October 1, 2018 thru September 30, 2019 This vendor is a Sole Source that provides service and support for Fire Engine and Ladder units in Fleet. They are the only authorized OEM and warranty center. We are requesting an annual expenditure of $75,000 effective through September 30, 2019. (Attached Sole Source Letter) Previous year's expenditures: FY 17/18 $24,631 to date with pending invoices FY 16/17 $59,913 FY 15/16 $33,390 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will use this contract to provide service support to equipment for City departments such as the Solid Waste Division and Fire Rescue. FISCAL IMPACT: Budgeted Funding is budgeted for repairs in the FY18/19 through the 501-5000-590-09- 82 charge back account. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 249 of 940 Grant Amount: CONTRACTS VENDOR NAME: Various Vendors START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Sole Source Letter South Florida Emergency Vehicles® Sole Source Letter Page 250 of 940 SUT�PHEN" FAMILY I SINCE 1890 August 211t, 2018 Adrianna Greco-Arencibia City of Boynton Beach Public Works 222 NE 9th Avenue Boynton Beach, FL 33435 RE: Factory Authorized Parts and Service in Florida Dear Ms. Greco-Arencibia, This letter is to advise you that South Florida Emergency Vehicles is the only authorized distribution source for providing authentic replacement parts and performing warranty work on your Sutphen Fire Trucks for the state of Florida. Furthermore, South Florida Emergency Vehicles has the only factory trained technicians qualified to carry out service repairs to ensure warranties remain intact. If you have any questions or concerns, please let me know. Best Regards, Justin Howell Sales Territory Manager(South East territory) Sutphen Corporation ® Box 158 A lin, OH 43002-0158 6450 Efterman Road o Dublin, OH 43016-8711 Tel 614 889-1005 * Toll Free 800 848-5860 o Fax614 889-0874 www.sutphen.com 9 Sutphen@sAitphencorp.comPage 251 of 940 6.1. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Award Bid No.: 033-2730-18/IT, "Sod and Sod Installation" to three (3) contractors as primary and secondary suppliers. This is a Southeast Florida Governmental Purchasing Cooperative Bid for approximately forty-five (45) municipalities, with the City of Boynton Beach acting as the Lead Agency. The initial term of the contract is for one-year with the option to renew the contract for three (3) additional one (1) year terms. The estimated expenditure for the City of Boynton Beach for the one-year period is$5,000.00. EXPLANATION OF REQUEST: The Southeast Florida Governmental Purchasing Cooperative Group, comprised of approximately forty-five (45) agencies, was created to utilize the buying power for commodities/services to promote cost savings for participating agencies. The City of Boynton Beach is lead agency for the Sod and Sod Installation Bid. The purpose of this solicitation was to establish firm pricing with two (2) bidders, primary and secondary, by item and/or by group, whichever is in the City's best interests, to furnish, deliver, and install various species of sod including but not limited to St. Augustine, Floratam, and Palmetto; Bahia, Argentine and Pensacola; Bermuda: Tifway 419 "Certified", Tifway 419 "Uncertified", Tifgreen 328, Celebration, and Tif Dwarf; Paspalum Sea Dwarf; Sealsle Supreme Paspalum"Certified"; Zoysia; and Centipede. Prices were requested for individual sod varieties for truckloads delivered, unloaded, and installed; and for quantities less than a truckload with pricing established on a square foot basis for material, delivery and installation. The solicitation required that a bidder must submit prices for all items within each category to be considered for award of the category. In addition to the City of Boynton Beach, twenty-four (24) other municipalities participated in this Bid. At the bid opening of August 3, 2018, four (4) bidders submitted proposals for consideration. The bid submittal from X-Clusive Transportation, Inc. was deemed non-responsible. The City was unable to contact the vendor after multiple attempts and the City was unable to verify any references for the vendor. After review and evaluation of the bids, three responsive and responsible bidders are recommended for award as indicated in the attached Recommendation for Award document. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Utilities and Public Works/Parks departments may utilize these services to ensure that the aesthetics of areas affected by construction and climate are restored to its original condition. This action will also mitigate certain liabilities to the general public by addressing rough areas along pathways. FISCAL IMPACT: Budgeted The estimated annual expenditure of$5,000.00 has been included in the Departments' FY 2018 budget. ALTERNATIVES: Participating municipalities, including the City, would be required to seek individual bids that would not benefit from the volume buying opportunity. Page 252 of 940 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? 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CD CO cz� LO LU j- cz� Lo LU C14 cz� LO LL Lr) C:) LU C=) L C,4 (.C) CNJ 00 "qT C'4 LO Qc) LO LE) C14 2�5 C Cly -j CO —i C:) W co C� I-- < 64 < F- < 64 C,5 < LIJ LL LL LLJ 0- LU a- 69- LU a- 00- LLM, LL LL — LL LL CO co CO -2 CO Ct) Q- CU Q- CU 0- CU 0- CU cu Q- C) aL 0- Q- CU cu -= cu cu cu cu cu cu cu a_ LL cu LU LU CU �5 M M �5 cu cu -�2 -�2 -2 0 0 0 0 (D -0 -S2 -2 - -0 0 -2 -2 E 0 0 E 0 0 E 0 0 NO 0 E 0 0 E :03 2 2 :03 2 2 2 2 2 2 :03 2 2 69- 00 °- D "- CO CO D O � m 0 � m N ¢ 2 n � � �\ k \ � \ \ \ \ \ ± ) ± } ± 2 \ ± ± § ƒ ` ƒ ` ,\ _ ± ) _ ± _ ƒ : o \ z3o o )0 9 � \ \0 9 LL ` t r o CO , ! \= o m ;w 6 m : jw � m :o o CO . )�D / y \ )/ 7 @ \ )\ q S K \ R c \\\ q @ � m r : ;� CO r \ r ; � . � « ;� � 7 r CO 2 \ � \ % ^ \ % \ \ 5 : 5 5 5 \ 5 °- o O � m 0 S m N ¢ 2 n � 5 5 \ ^ 22 L \ �� \ / / } ® ® 2 t \o \ \ \ = o \ \ ( \r f \ 2 o f \ E \\ ! >_ CN m < (w o o CO : }r o » }= o ` \ }\ o ` 0 ® o < ;6 @ / \ ;6 - / b < � m \ \ k � � / ^ � CO � ` `� � p ± , \ CO m / / 5 2 2 } 5 5 O Z ' SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative Group. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative Group was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s)shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities, which are not members of the Southeast Florida Governmental Purchasing Cooperative Group, are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative Group members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative Group members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a parry to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" Page 287 of 940 f� 1111 111, I {{ N D S BID 03 -18AT BID OPENINGAUGUST 3, 201,8 OPENING TIM LOCAL T NFERENCE 'a CITY H op 00Page 288 of 940 0 SOD AND SOD INSTALLATION BID No.: 033-2730-18/IT TABLE OF CONTENTS Tableof Contents................................................................................................................2 Invitationto Bid ................................................................................................................... 3 GeneralConditions ............................................................................................................. 5 SpecialConditions.............................................................................................................. 13 Technical Specifications ..................................................................................................... 19 Bidder's Acknowledgement................................................................................................. 36 BidForm .............................................................................................................................37 Bidder's Qualification Statement......................................................................................... 53 Schedule of Sub-Contractors.............................................................................................. 58 Addenda Acknowledgement............................................................................................... 59 Non-Collusion Affidavit of Respondent............................................................................... 60 Anti Kickback Affidavit......................................................................................................... 61 Confirmation of Minority Owned Business.......................................................................... 62 Confirmation of Drug-Free Workplace ................................................................................ 63 Warranties...........................................................................................................................64 Acknowledgement of Palm Beach County Inspector General ............................................ 66 Statementof"No Bid" .........................................................................................................67 Attachment "A" — Insurance Advisory Form........................................................................ 68 Attachment "B" — Pricing Zones.......................................................................................... 69 Boynton Beach/Co-op—Sod and Sod Installation Page 2 Page 289 of 940 0 INVITATION TO BID FOR SOD AND SOD INSTALLATION BID No.: 033-2730-18/IT Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or before: August 3, 2018; No Later Than 2:30 P.M. Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated SCOPE OF BID: The City of Boynton Beach is seeking bids from qualified Contractors for sod and sod installation at various locations within Palm Beach, Broward and Miami Dade Counties. Requested sod to include St. Augustine: Floratam, and Palmetto, Bahia Argentine; Bermuda: Tifway 419 "Certified", Tifway 419 "Uncertified", Celebration, Tif Dwarf; Paspalum Sea Dwarf; Ultimate Flora Zoysia; and Hammock Centipede. ATTENTION ALL INTERESTED BIDDERS: Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. Bidder(s) who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. If you would like a paper copy of this bid solicitation, please contact the Procurement Office at (561) 742-6322. Bidders shall submit one (1) marked original and two (3) photocopies of the completed bid package in a sealed envelope to the address above. The Project Name, Bid Number, and time and date of the Bid Opening shall be clearly marked on the outside of the sealed envelope. Facsimile or electronic responses shall not be accepted. All Bids will be publicly opened. Bid prices will be read aloud. Bids received after the assigned date and time will NOT be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that Bids can be considered. The City reserves the right to consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bids and prior to award being made. Bidders may not withdraw their Bid for a period of ninety (90) calendar days after the day set for the opening of Bids. Boynton Beach/Co-op—Sod and Sod Installation Page 3 Page 290 of 940 LOBBYING / CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: As per Florida Statutes §119.07, sealed Bids or Proposals received by the City in response to a Request for Proposal or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Proposals/Bids submitted in response to a Request for Proposal or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Proposals/Bids remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: triestmanip- bfl.us CITY OF BOYNTON BEACH J30-0 TIM W. HOWARD Assistant City Manager-Administration Boynton Beach/Co-op—Sod and Sod Installation Page 4 Page 291 of 940 0 GENERAL CONDITIONS These documents constitute the complete set of General Conditions, Specifications, and Bid Forms. All Bid sheets and attachments must be executed and submitted in a sealed envelope. DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE. The front of the envelope shall contain the Bidder's name, return address, date and time of Bid opening, and Bid number and title. Bids not submitted on the enclosed Bid Form shall be rejected. By submitting a Bid, the Bidders agree to all terms and conditions specified herein. NO EXCEPTIONS WILL BE ALLOWED. Submittal of a Bid in response to this Invitation to Bid constitutes an offer by the Bidder. Bids that do not comply with these requirements may be rejected at the option of the City. As used in this Invitation to Bid, the words bidder, proposer, and contractor may be used interchangeably, and when so used, deemed to mean bidder. 1. TERM: The Contract will be in force for the term of installation and warranty, or stated Contract period. 2. BIDDING DEFINITIONS: Terms used in this Invitation to Bid shall have the meaning assigned to them in the industry involved in the subject matter of the Bid, unless otherwise specified. The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: ✓ Invitation to Bid (ITB): when the City is requesting bids from qualified Bidders. ✓ Addenda: A written or graphic instrument issued by the City prior to the execution of the Contract, which modifies or interprets the Bid documents by additions, deletions, clarifications, or corrections. ✓ Alternative Bid (or Alternate): an amount stated in the Bid to be added to or deducted from the amount of the base Bid if the corresponding change in the Work, as described in the Bid documents is accepted. ✓ Bid: Price and terms quote received in response to an ITB. ✓ Bidder or Offeror: Person or firm submitting a Bid. ✓ Contract: A deliberate verbal or written agreement between two (2) or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of equipment, materials, supplies, services or construction. ✓ Contractor: Successful Bidder who is awarded a Purchase Order and/or Contract to provide goods and services to the City. ✓ Co-Op Agencies/Entities: List of governmental agencies that represent the delivery of goods and services within this Invitation to Bid and resultant contract. ✓ Responsive Bidder: A person whose Bid conforms in all material aspects to the terms and conditions included in the ITB. ✓ Responsible Bidder: A person who has the capability in all respects to perform in full, the contract requirements as stated in the ITB, with the integrity and reliability that will assure good faith performance. ✓ Supplier: A manufacturer, fabricator, supplier, distributor, materialman or vendor. ✓ Sub-contractor: a person or entity who submits a Bid to a Contractor for materials, equipment or labor for a portion of the work. ✓ Unit Price: an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the work as described in the Bid documents. 3. EXECUTION OF BID: Bid must contain a manual signature in ink, of an authorized representative, who has the legal ability to bind the Bidder in contractual obligations. Bid must be typed or legibly printed in ink. Use of erasable ink is not permitted. All corrections made by Bidder to any part of the Bid document must be initialed in ink. Boynton Beach/Co-op—Sod and Sod Installation Page 5 Page 292 of 940 4. NO BID: If not submitting a bid, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification may be cause for removal of the vendor's name from the City's mailing list. 5. BID SUBMISSION: It is the Bidder's responsibility to read and understand the requirements of this Bid. Bids shall be submitted to the Procurement Services Division. All Bids must be accompanied by the Bid Security (if required) and all other required documents. The Bid Opening shall be public and bid prices will be read aloud at the City's Administrative Offices located at: 100 E. Boynton Beach Boulevard 2nd Floor(unless otherwise designated) Boynton Beach, Florida 33435 on the date and time specified in the Invitation to Bid. All Bidders and their representatives are invited to attend. The Bid opening may be delayed, if at the sole discretion of the City, if it is considered in the City's best interest. Under no circumstances shall Bids delivered after the Bid opening specified time has begun, be considered and as such, Bids will be returned unopened. It is the Bidder's sole responsibility to assure that the Bid is delivered at the proper time and place prior to the Bid's deadline for opening. Offers by facsimile, telegram, or telephone are not acceptable. A Bid may NOT be altered by the Bidder after opening of the Bids. The Bidder is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in blue ink by a Corporate Officer, Principal, or Partner with the authority to bind the Bidding firm by his/her signature. In the case of corrections, the Bidder must initial any erasures or alterations in ink. All Bids must be submitted in the English language. All prices, terms and conditions quoted in the submitted Bid must be expressed in U.S. Dollars, and will be fixed and firm for acceptance for ninety (90) calendar days from the date of the Bid opening unless otherwise stated by the City. 6. BID FORM: The Bidder shall submit a Bid on the Bid form(s) provided herein, unless otherwise specified. All Bid prices, amounts and descriptive information must be legibly entered. The Bidder must state the price and the time of delivery or completion period for which they propose to deliver the equipment or provide service requested. The estimate of the various quantities of work or goods applicable to unit price items as shown on the Bid Form is/are stated as estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the Contract if it is determined that it best serves the interests of the City. Irregular Bids may be rejected. Irregular Bids are defined as those containing serious omissions, unauthorized alternative Bids, incomplete, or unbalanced Bids. Unbalanced Bids are those unit bid pricing that shows evidence of unbalanced bid pricing. For example: low or nominal prices may be bid for some items and high or enhanced prices may be bid for other work. Unbalanced bids may be deemed to be non-responsive, and may be both mathematically unbalanced and materially unbalanced. In addition, failure to provide all information required to accompany the Bid, Bid Form and Specifications will be considered a serious omission, which may result in the bid being rejected as non-conforming. 7. QUANTITIES: Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete an item from the contract if it is determined that it best serves the interests of the City. 8. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract Documents. The City reserves the right to amend this Bid prior to Bid Boynton Beach/Co-op—Sod and Sod Installation Page 6 Page 293 of 940 opening. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. All addenda will be available to Bidders through the City's e-Procurement system www.demandstar.com. Therefore, it is the Bidder's responsibility to check with the Procurement Services Division and immediately secure all addenda before submitting Bids. Each Bidder shall acknowledge receipt of ALL addenda by notation on the Bid and shall adhere to all requirements specified in each addendum prior to submission of the Bid. 9. INTERPRETATIONS: To ensure fair consideration for all Bidders, the City prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Bidder should be in doubt as to the meaning of any of the Bid documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions, Bidder shall submit a written request to the City's Procurement Services Division to be forwarded to the Procurement Services Division representative identified in this Bid document at the email address provided, no later than ten (10) days prior to the Bid opening date. Inquiries should reference the date by which the Bid is to be received. 10. BID DEPOSIT: N/A When required in the Bid document, a Bid deposit or Bid surety bond in the amount specified shall accompany the Bid. Bid deposits shall be in the form of cash, certified check drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Boynton Beach. In lieu of a Bid deposit, a bid surety provided by a firm licensed to do business in the state of Florida shall be provided to the City. Any bid deposits will be returned to the Bidder at the time of contract award. The Bid deposit of the successful Bidder shall be returned upon receipt of acceptable Performance and/or Payment bonds. There shall be no binding contract until such time as the City executes the contract or issues the purchase order as the final award of the contract. The Bid deposit received of other Bidders whom the City believes to have reasonable chance of receive the award may be retained by the City until the earlier of the seventh day after the effective date of the Purchase Order or Contract or ninety-first day after the Bid Opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive or responsive will be returned upon award of the Bid. 11. BONDING: N/A When required by the specifications herein, the successful Bidder shall furnish Performance and Payment Bonds, and/or Warranty Bond, as stated on in the Bid documents on the City's forms within ten (10) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the Bid and any Bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to the Bidder's failure to furnish said bonds. 12. PRICES, PAYMENTS AND DISCOUNTS: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Bid prices shall be fixed and firm for a period of ninety (90) calendar days. The same period shall apply when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Payment terms will be considered to be "Net 30" days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the City/Co-Op agency location specified. Bidders may offer cash discounts for prompt payment but they will not be considered in determination of award. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Local Government Prompt Payment Act, F.S. Chapter 218. Boynton Beach/Co-op—Sod and Sod Installation Page 7 Page 294 of 940 13. PUBLIC ENTITY CRIMES STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Bid for a contract to provide any goods or services to a public entity, may not submit a Bid for a contract with a public entity for construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of thirty-six(36) months. 14. NON COLLUSION AFFIDAVIT: Each Bidder shall complete the Non-Collusion Affidavit Form and shall submit this form with their bid/proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 15. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and shall submit this form with their bid/proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 16. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority-Owned Business Form and shall submit this form with the bid/proposal that will be utilized to determine feasibility participation. 17. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112 of the state of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 18. WITHDRAWAL OF BIDS: Any Bidder may withdraw their Bid prior to the indicated Bid Opening time and date. The request for withdrawal must be submitted in writing to the Procurement Services Division. 19. RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all Bids, part of Bids, and to waive minor irregularities or variations to specifications contained in Bids, and minor irregularities in the Bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible Bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose Bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference, the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance of the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the Bid. If the ITB provides for a contract trial period, the City reserves the right, in the event the selected Bidder does not perform satisfactorily, to award a trial period to the next low Bidder, if that Bidder has successfully provided services to the City in the past. This procedure to continue until a Bidder is selected or the contract is re-bid at the sole option of the City. 20. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the Bidder to any relief from the Boynton Beach/Co-op—Sod and Sod Installation Page 8 Page 295 of 940 conditions imposed in the Contract. In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. 21. DELIVERY: All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the Bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the Bid. 22. BACKGROUND INVESTIGATION: As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the City of Boynton Beach Police Department. Bidder's submission of Bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidder's qualifications. 23. ELIGIBILITY: Bids will be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to conduct a site visit of the Bidder's facilities to inspect the equipment and organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The City reserves the right to reject Bids where evidence or evaluation is determined to indicate inability to perform. The City may request documentation providing evidence acceptable to the City demonstrating the Bidder's fiscal responsibilities, prior experience, and present capability to meet all of the Bidder's obligations set forth in the Bid documents. Bidder must submit requested documentation within five (5)days from the City's written request. 24. EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exceptions to the Technical and Special Conditions may be considered and shall be clearly and specifically noted in the Bidder's proposal on a separate sheet marked, "EXCEPTIONS TO THE SPECIFICATIONS"whereby said sheet shall be attached to the Bid. The use of Bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as an exception to the Contract documents. 25. TAXES: The City of Boynton Beach is exempt from all Federal, state, and local taxes. An exemption certificate will be provided where applicable upon request. 26. BUDGETARY CONSTRAINTS: In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a temporary or permanent reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The successful Bidder shall also be provided with a minimum thirty (30)day notice prior to any such reduction in budget. 27. MANUFACTURER'S NAME AND APPROVED EQUIVALENTS: Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the Bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If Bids are based on equivalent products, indicate on the Bid form the manufacturer's name (Make) and model/catalog number. Bidder shall submit complete descriptive literature and/or specifications with the Bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within five (5) business days of the City's request may be grounds for Bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a Bid which conforms in all aspects to the requirements of the Bid document, and that the Bidder intends to furnish goods identical to the Bid standard. 28. SAMPLES AND DEMONSTRATIONS: When requested, samples are to be furnished free of charge to the City. If a sample is requested, it must be delivered within ten (10) days of the request, unless otherwise stated in the Bid. Each sample must be marked with the Bidder's name and manufacturer's brand name. The City will not be responsible for returning samples. The City Boynton Beach/Co-op—Sod and Sod Installation Page 9 Page 296 of 940 may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 29. INSPECTION: The City shall have the right to inspect any and all materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful Bidder. 30. CONDITIONS OF MATERIALS: All materials and products supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 31. SAFETY STANDARDS: The Bidder warrants that the product(s)supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) of 1970 as amended, and shall be in compliance with the Florida Statutes, Chapter 442, as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all OSHA and state safety regulations and requirements. 32. PERFORMANCE: Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the Bid shall be cause for cancellation of the Bid award, notwithstanding any additional requirements enumerated in the Special Conditions herein relating to performance based contracting. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of non-performance. 33. SUBCONTRACTING: If a Bidder subcontracts any portion of the resultant contract for any reason, the Bidder must state the name and address of the subcontractor, the name of the person(s)to be contacted, type of work to be performed, dollar amount and percentage of contract amount to be shared on the "Schedule of Sub-Contracting" form located herein. The City reserves the right to reject any subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contracts in a similar nature. 34. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, state, and local laws, ordinances, rules and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve the Bidder of responsibility to adhere to such regulations. In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on the proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alternations, including any price adjustments occasioned thereby, or to cancel the Contact or no expense to the City. 35. OTHER GOVERNMENTAL ENTITIES: This Invitation to Bid is exclusive to the Southeast Florida Governmental Purchasing Cooperative. Therefore, if a Bidder is awarded a contract as result of this ITB, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other governmental agencies within the Southeast Florida Governmental Purchasing Cooperative that are not listed within this solicitation, the products or services awarded in accordance with the terms and conditions of the resulting contract. The City of Boynton Beach, Procurement Services Representative contact stated within this document shall be advised prior to proposed additional participation. Prices shall be F.O.B. Destination to the requesting agency. Boynton Beach/Co-op—Sod and Sod Installation Page 10 Page 297 of 940 36. INDEMNIFICATION: The Bidder shall indemnify and hold harmless the City of Boynton Beach, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorney's fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Boynton Beach or its elected or appointed officials and employees. The City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of the successful bidder under the indemnification agreement. 37. FUNDING OUT: This agreement shall remain in full force and effect only as long as the expenditures provided for in the agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 38. RECORDS/AUDITS: The successful Bidder shall maintain during the terms of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The successful Bidder agrees to make available to the City's Auditor, during normal business hours and in Miami-Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 39. VERIFICATION OF EMPLOYMENT STATUS: The City shall not intentionally award contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions of the Immigration and Naturalization Act ("INA"). The successful Bidder agrees that such violation shall be grounds for the unilateral cancellation of the resultant Contract by the City. 40. PALM BEACH COUNTY INSPECTOR GENERAL: The successful Bidder shall be aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the successful Bidder and its subcontractors and lower tier subcontractors. The successful Bidder understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the successful Bidder or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the City to be a material breach of this Contract justifying its termination. Each Bidder shall complete the Palm Beach County Inspector General Acknowledgement Form and shall submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 41. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30)days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; Boynton Beach/Co-op—Sod and Sod Installation Page 11 Page 298 of 940 C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US END OF GENERAL CONDITIONS Boynton Beach/Co-op—Sod and Sod Installation Page 12 Page 299 of 940 0 SPECIAL CONDITIONS 1. PURPOSE: The City of Boynton Beach or Lead Agency is hereby seeking bids from qualified Bidders, herein referred to as the "Contractor", for Sod and Sod Installation for the City of Boynton Beach and participating governmental entities of the Southeast Florida Governmental Purchasing Cooperative at various locations within Miami-Dade, Broward and Palm Beach Counties, herein referred to at times as "Co-Op Agency/Entity" in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. 2. BIDDERS QUALIFICATIONS: In order for proposals to be considered, Bidders must submit with their proposal, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the work and/or type of equipment included in this scope of work; has available the organization and qualified manpower to the work and has adequate financial status to meet the financial obligations incident to the work. Contractor must be regularly engaged in the growing and/or installation of sod material. Labor crew shall be controlled and directed by a foreman with familiarity in landscape installation, plant material and reading blueprints. Labor crews are employees of the Contractor and as such receive any insurance and/or benefits, etc. Said Labor crew must be authorized to work in the United States. Contractor must have a local stocking facility within Broward, Palm Beach, and/or Miami-Dade County to ensure that the requirements of each participating agency (Co-Op entities)are met. 3. INFORMATION OR CLARIFICATION: For information concerning procedures for responding to this solicitation, contact Ilyse Triestman, Purchasing Manager, at 561-742-6322 or email at triestmani(a_bbfl.us. In addition, for clarification and questions concerning the technical specifications, please submit questions via email provided within ten (10) days prior to the Bid opening to allow time for answers that may be formulated as a subsequent addendum. 4. TRANSACTION FEES: The City of Boynton Beach utilizes Onvia DemandStar to distribute solicitations and subsequent information. There is a minimal charge of $5.00 associated with the download of the documents. 5. PRICES: The prices shall include all costs and expenses for labor, equipment, materials, commissions, transportation charges and expenses, labor and handling material, with any and all other costs and expenses for performing and completing the Work, to include all pallet costs and/or deposits. Installation Pricing: Price offered for "Sod Installation" should be for service only. Materials will be purchased at the prices established under the respective line item. 6. PRICING ZONES: Pricing Zone Map is located herein as Attachment "B". Bidder shall submit pricing for each of the following zones: North Broward: Commercial Boulevard "-. North to include Palm Beach County Central Broward: Between Commercial Boulevard 10 and Griffin Road South Broward: Griffin Road South to include Miami-Dade County Boynton Beach/Co-op—Sod and Sod Installation Page 13 Page 300 of 940 7. DELIVERY: Bidder shall quote a firm, fixed cost to include delivery F.O.B. to the City of Boynton Beach at locations identified in the Technical Specifications herein. Deliveries will be accepted Monday thru Friday from 8:00 A.M. to 4:00 P.M. with the exception of City observed holidays. Delivery time shall be computed in calendar days from the issuance of the purchase order, in accordance with the number of calendar days stated on the Bid Form herein. Depending upon purchase order quantity, items must be ready for delivery within ten (10) working days after receipt of order. As previously mentioned, sod is to be F.O.B. delivered to any location within Miami- Dade, Broward and Palm Beach counties, to include the City of Boynton Beach in conjunction with the Co- op agencies service requirements. Co-Op Agency reserves the right to require delivery/installation to be on certain days (Example: Only Monday—Thursdays)or to change the delivery times from an original arrangement. No deliveries will be accepted without receipt. Total quantity is subject to final measurements. It will be the contractor's responsibility to ensure that square footage per pallet is correct and according to Agency specifications. Agency will verify quantity upon delivery and notify contractor of any shortages. All deliveries of sod shall be palletized and shall be unloaded with contractor's personnel and equipment. Pallets shall be placed at various points in the field to be sodden to allow for more efficient sodding operations. It is the responsibility of the driver delivering sod to have a Co-Op Agency representative sign a delivery receipt showing exact number of pallets of sod delivered. The Co-Op Agencies will not be responsible for any pallets left at the field site. It will be the responsibility of the successful Bidder(s) to pick up all pallets within twenty-four(24) hours of delivery. 8. BID DOCUMENT: The Contractor shall examine this Bid carefully. Ignorance of the requirements will not relieve the Contractor from liability and obligation under the Contract. 9. AWARD: Award will be made to the responsive and responsible bidder(s), quoting the lowest price, for that goods and services identified, that will best serve the needs of the City of Boynton Beach. The City reserves the right to award to that Bidder who best serves the interest of the City. The City also reserves the right to waive minor variations in the specifications and in the bidding process. The City further reserves the right to accept or reject any and/or all Bids and to award or not award a contract based on this Bid solicitation. The City shall award this contract to two (2) bidders (primary, and secondary) by ITEM and/or BY GROUP, to the lowest responsive, responsible bidder(s). Unit prices must be stated in the space provided on the Bid Schedule Form. For items in groups, it is necessary to bid on every item within the group, and all items in the group must meet specifications in order to be considered for award. In the event that any item in the group does not meet the specifications, the entire group will be disqualified. The lowest awarded bidder in an item or group shall be considered the primary vendor and should receive the largest volume of work. It is therefore contingent upon the bidder(s) to Bid on every item within the group. City reserves the right to reject any bidder who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible (financial capability, lack of resources, etc.) to perform under this award. CITY reserves the right to inspect all facilities of any bidder in order to make a determination as to the foregoing. The City or participating Co- Op agency further reserves the right to consider a Bidder's history of not meeting established work schedules on prior bids and/or poor quality of material supplied specifically on prior bids. The City Commission or each participating Co-Op agency reserves the right to consider a Bidder's history of deficiencies in the industry in determining a Bidder's responsibility and further reserves the right to declare the low Bidder not responsible if said deficiencies warrant such determinations. Boynton Beach/Co-op—Sod and Sod Installation Page 14 Page 301 of 940 10. NEWS RELEASES/PUBLICITY: News releases, publicity releases, or advertisements relating to this contract or the tasks or projects associated with this project shall not be made without prior City approval. 11. CONTRACTORS' COSTS: The City shall not be liable for any costs incurred by Bidders in response to this solicitation. 12. RULES AND SUBMITTAL OF BIDS: The signer of the Bid must declare that the only person(s) company or parties interested in the proposal as principals are named therein; that the Bid is made without collusion with any other person(s), company or parties submitting a Bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the Bid has full authority to bind the principal Bidder. 13. APPROVED EQUAL OR ALTERNATIVE PRODUCT PROPOSALS: The Technical Specifications contained in this solicitation are to be used as a reference only (unless it is stated, NO SUBSTITUTIONS) and are not to be considered of a proprietary nature. These specifications represent a level of quality and features that are desired by the City of Boynton Beach/Co-Op Agencies. The City/Co-Op is receptive to any product that would be considered by qualified City/Co-Op personnel as an approved equal. The Contractor must clearly state in their Bid pages any variances to the specifications. If proposing an approved equal or alternate product, it will be the Contractor's responsibility to provide adequate information (product literature, etc.) in their proposal to enable the City/Co-Op to ensure that the Contractor meets the required criteria. If adequate information is not submitted with the Bid, it may be rejected. The City/Co-Op Agencies will be the sole judge in determining if the product proposed qualifies as approved equal. The City/Co-Op reserves the right to award to that Contractor which will best serve in the interest of the City/Co-Op as determined by the City/Co-Op. The City/Co-Op further reserves the right to waive minor variances to specifications and in the bidding process. 14. CONTRACT PERIOD: The terms of this contract shall be effective for one (1) year effective on the date it is awarded by City Commission. The City Commission may renew the contract, at the same terms and conditions, for three (3) one-year terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 15. COST ADJUSTMENTS: If price adjustment is requested pursuant to the terms and conditions of this contract, the vendor/contractor must notify the City of Boynton Beach (Lead agency) ninety (90) days prior to the current term's expiration date. Said request for price adjustment must be detailed by submitting bona fide manufacturer's documents or price list reflecting changes and effective dates. Increases shall be limited to the actual cost increase to the contractor. The City of Boynton Beach/Co-Op reserves the right to accept or reject the request for price increase within thirty (30)days after receipt of request from the contractor. 16. COMMENCEMENT OF WORK/SHIPMENT: No shipment of goods or commencement for work shall begin until such time as awardee(s) receives a City/Co-op purchase order. Goods or services received prior to issuance of a purchase order will be rejected. The awardee(s)will receive individual purchase orders specifying the ship to address(es). The City/Co-Op locations may issue open (blanket) purchase orders as required. Receipt of open orders does not authorize the release or shipment of any goods or service. For all open orders, items will be ordered on an as needed basis through the use of an order form. Shipments received as a result of an open order, where an order form has not been released, will not be accepted and no cost shall be incurred by the City/Co-Op as a result. 17. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. If progress payments are applied for, all invoicing and payment shall be stipulated under the Special Conditions section titled, Progress Payments." Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: Boynton Beach/Co-op—Sod and Sod Installation Page 15 Page 302 of 940 City of Boynton Beach Attn: Accounts Payable P.O Box 310 Boynton Beach, Florida 33425 All invoices submitted shall consist of an original and one (1) copy as follows: ➢ Clearly referenced the subject Contract or Purchase Order number; ➢ Provide sufficient salient description to identify the goods and services for which payment is requested; ➢ Contain date of delivery and/or completion of phased services; ➢ Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries as long as the project is not interrupted as a result. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items for payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re-submit a corrected invoice to the City for processing. If subcontractors are contracted by the successful Bidder, said Bidder shall not submit an invoice without full payment being made and funds cleared to any and all subcontractors indicated on the invoice, if authorized beforehand by the City of Boynton Beach or Co-Op agencies. Co-Op Agencies: Payments will be made in accordance with the accepted practice of the entities participating. In no case will the payment date exceed legal requirements. 18. DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. All Bids will be rejected if there is reason to believe that collusion exists between Bidders. Bids in which the prices obviously are unbalanced will be subject to review and/or rejection. The provision is not meant to prohibit submission of alternate Bids in separate sealed envelopes. 19. ADJUSTMENTS/CHANGES/DEVIATIONS: No adjustments, changes or deviations shall be accepted on any item unless conditions or Technical Specifications or a Bid expressly so provide. All adjustments, changes or deviations shall require prior written approval and shall be binding ONLY if issued though the City's Procurement Services Division. 20. PERFORMANCE/PAYMENT BOND: No performance/payment bond required for this project. 21. INSURANCE: If the Contractor is required to go on to the City's property to perform work of services as a result of this ITB award, the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by the City (see Exhibit"A")as specified herein. The Contractor shall provide to the Procurement Services Division, original certificates of coverage and receive notification of approval of those certificates by the City's Risk Management Department prior to engaging in any activities under this contract. The Contractor's insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager, if circumstances change or adequate protection of the City is not presented. Bidder, by submitting a Bid, agrees to abide to such modifications. Contractor shall be required to supply similar insurance certificates to the Co-Op agencies as per their respective requirements before commencement of the work. Boynton Beach/Co-op—Sod and Sod Installation Page 16 Page 303 of 940 22. SPECIFICATIONS: The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this Statement. For the purposes of evaluation, the Bidder must indicate any variance or exceptions to the stated Specifications no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect. 23. TERMINATION DEFAULT: In addition to all other remedies available to the City/Co-Op Agency, this Contract shall be subject to cancellation by the City/Co-Op for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. In the event that any of the provisions of the contract are violated by the successful Bidder, the City/Co-Op may serve written notice upon such Bidder of its intention to terminate the contract, and unless ten (10) days after serving such notice upon the Bidder, such violation shall cease and satisfactory arrangement for correction are made, the contract shall, upon expiration on the tenth day, cease and terminate. The City/Co-Op Agency by written notice may terminate in whole or in part any purchase orders resulting from this invitation when such action is in the best interest of the City/Co-Op. If purchase orders are so terminated, the City/Co-Op shall be liable only for payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include cost of items already delivered plus reasonable cost of supply actions short of delivery. The City/Co-Op reserves the right to determine reasonableness submitted for said cost of supply actions. The City/Co-Op may without cause and without prejudice to any other right of remedy, submit a written thirty (30) calendar days notice to the successful Bidder terminating the agreement between the Contractor and the City/Co-Op Agencies for convenience, whenever the City/Co-Op determines that such termination is in the best interest of the City/Co-Op. Where the agreement is terminated for the convenience of the City/Co-op, the notice of termination to the successful Bidder must state that the contract is being terminated for the convenience of the City/Co-Op under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the successful Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminated portion of the contract and refrain from placing further orders and subcontracts except as they may be necessary to complete any continued portions of the work. 25. UNCONTROLLABLE CIRCUMSTANCES ("Force Majeure"): The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay, or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: a) The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; b) The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; c) No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and d) The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement Boynton Beach/Co-op—Sod and Sod Installation Page 17 Page 304 of 940 shall be extended by a period equal to that during which either party's performance is suspended under this Section. 27. DEMOLITION AND DEBRIS REMOVAL: The Contractor shall be responsible to remove all their debris from the site and clean affected work areas. Contractor shall keep the premises free of debris and unusable materials resulting from the Work and as Work progresses; or upon request by the City, shall remove such debris and materials from City property. The Contractor shall leave all affected areas as they were prior to beginning work. 28. PROPERTY DAMAGE: If property (public or private) is damaged while Contractor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the City prior to the final acceptance of the Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and trees. 29. REPORTS: Upon request by the City/Co-Op agencies, successful Bidder must be capable of providing a semi-annual and annual report on all items purchased during the contract period. Report to include sod species, unit price, quantity and grand total of all purchases. 30. PERMITS AND FEES: If required, the Contractor shall procure and pay for all permits and licenses, charges, signed and sealed documents and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work. The cost of all permits, fees, etc. shall be included in the Bid price, except where noted in the specifications and requirements. City Permit Fees shall be waived, except re-inspection fees. 31. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: o Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; o A satisfactory record of performance; o A satisfactory record of integrity; o Qualified legally to Contract within the State of Florida and the City of Boynton Beach; o Supplied all necessary information in connection with the inquiry concerning responsibility. 32. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award will be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. END OF SPECIAL CONDITIONS Boynton Beach/Co-op—Sod and Sod Installation Page 18 Page 305 of 940 0 TECHNICAL SPECIFICATIONS "SOD AND SOD INSTALLATION" 1. Scope of Work: It is the intent of these specifications to contract with qualified vendors to provide Sod and Sod installation on an "as needed" basis to the City of Boynton Beach and participating governmental entities of the Southeast Florida Governmental Purchasing Cooperative within Miami-Dade, Broward, and Palm Beach Counties, herein referred to at times as "Co-Op Agency/Entity". All work under this yearly contract shall be performed as specified by the respective Co-op agencies, and City of Boynton Beach project representative(s) with the highest quality while meeting all specifications, term and conditions stated herein. Contractors must furnish all supervision, labor, materials, supplies and equipment as necessary to properly perform work described. No guarantee is given as to the amount of sod that will be required during the entire contract period. Contractors shall use trained and skilled employees in this trade that are directly employed with their company, must furnish all supervision, labor, equipment, material, and supplies necessary to properly perform the work required, must be licensed as required by the State of Florida and insured as required by the City of Boynton Beach and Co-Op agencies. 2. Qualifications/Required Information: Bidders are required to submit a list of five (5) past clients that has provided services within the last three (3)years (please see Bidder's Qualification Statement attached). In addition, Bidders shall provide copies of license(s) and/or certification(s)to perform the work specified. Failure to provide any required information (licenses/certifications or any other required documentation) may render the Bidder's response as non-responsive. 3. Quantities: All quantities stated on the proposal form are approximate based on the current estimates of work to be performed and the available funding. Actual quantities may be greater or less than stated on the Bid Form. The estimated quantities are estimates for the next twelve (12) months and not for any one (1) specific project. The Co-Op reserves the right to purchase small quantities of sod (1 to 4 pallets) from other vendors when needed for smaller projects, or if not immediately available from the contracted vendor(s). If required and requested, Contractor must have the ability to deliver and install up to 50,000 square feet of sod per day. Orders in excess of 2,000 square feet shall be delivered and unloaded by contractor at one time. Sod will be ordered on an as needed, when needed basis. All sod to be delivered and unloaded by contractor and must be on pallets which are in good condition. Pallets are to be picked up by the contractor upon notification. Boynton Beach/Co-op—Sod and Sod Installation Page 19 Page 306 of 940 BID SPECIFICATION — PRICING ZONES ESTIMATED QUANTITIES — PER YEAR, BY ZONE, IN SQUARE FEET NOTE: The prices stated shall include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, labor for handling material, together with any and all other costs and expenses for performing and completing work, to include all pallet costs and/or deposits. Quantities below are represented as square footage. Map of Pricing Zone is attached herein as Attachment "B". 1. North Broward/Palm Beach County: From Commercial Boulevard..1..North including Palm Beach County and all areas east and west within both county lines. Estimated quantities represent anticipated yearly requirements for Cities of Boynton Beach, Coconut Creek, Coral Springs, Deerfield Beach, Margate, Pompano Beach, Tamarac, Town of Palm Beach and West Palm Beach. N.Broward-Palm Beach Count Pa alum Latitude 36 St.Aug. St.Aug. Bahia Bermuda 419 Bermuda Sea Bermuda Floratam Palmetto Argentine Certified Celebration Dwarf 3,000 447,025 75,000 62,600 65,000 420,200 36,000 ---------------------------------------------------------- 2. Central Broward: Between Commercial Boulevard Fand4 Griffin Road, including all areas east and west within Broward County line. Estimates represent anticipated yearly requirements for Town of Davie; Cities of Fort Lauderdale, Lauderdale Lakes, Lauderhill, Oakland Park, Sunrise and Wilton Manors. Central Broward Bahia Bermuda Bermuda Bermuda St.Aug.Floratam St.Au Bahia Pensacola 328 419 419 Palmet% Argentine Cert. UnCert. Certified 293,685 41,515 12-41515 15 15 20 18,520 Bermuda Tif Paspalum Ultimate Bermuda Dwarf Sea Flora Hammock Celebration Dwarf Zoysia Centipede 125,015 1,015 1,015 7,015 1,015 ---------------------------------------------------------- 3. South Broward/Miami-Dade: From Griffin Road. ...South, including Miami-Dade County and all areas east and west within both county lines. Estimated quantities represent anticipated yearly requirements for Cities of Cooper City, Coral Gables, Hallandale Beach, Hollywood, Miami Beach, Miramar and North Miami Beach. S.Broward-Miami-Dade Count Bermuda Wildflower St.Aug. St.Augg. Bahia 419 Bermuda —� Floratam Palmetto Argentine Certified Celebration 149,750 81,250 13,250 240,000 122,500 5,000 Boynton Beach/Co-op—Sod and Sod Installation Page 20 Page 307 of 940 4. Adding or Deleting Campus/Center Locations: The City may, during the term of the contract, add or delete service, wholly or in part at any of the listed locations. In the event that a site listed herein is deleted, the quoted cost for service being deleted shall be removed from the monthly invoice amount, if applicable. In the event that a site is added to listing herein and to the contract, the bidder shall invoice utilizing the prices quoted herein. The following are a listing of Co-op Agencies that may require deliveries at different locations within their respective municipalities. The list of contact persons should not be contacted during the bidding process; only the Purchasing Representative contact listed within this Invitation to Bid shall be contacted. ENTITY CONTACT PHONE E-MAIL ADDRESS ADDRESS City of Boynton Ilyse Triestman, 561-742- triestmanip_bbfl.us 100 E. Boynton Beach Procurement 6322 Beach Blvd., Services Boynton Beach, FL 33425 City of Coconut Terry Adjodha, 954-956- tadiodhap_coconutcreek.net 4800 W. Copans Creek Public Works 1491 Rd. Lead Worker Coconut Creek, FL 33063 City of Cooper Kerri Anne 954-434- purchasingp_coopercityfl.org 9090 SW 50 PI., City Fisher 4300 ext. Cooper City, FL 297 33328 City of Coral Maritza Suarez 305-441- Msuarez2Ca7coralgables.com 2800 S 72 Ave., Gables 5745 Miami, FL 33155 City of Coral Leo Bermudez 954-344- Iberm udezp_coralsprings.org 9500 W. Sample Springs 1101 Rd., Coral Springs, FL 33065 Town of Davie Rebecca 954-797- rmoreau(a_davie-fl.gov 6591 Orange Dr., Moreau 1015 Davie, FL 33314 City of Deerfield Paul Collette 954-480- pcollette&deerfield-beach.com 401 SW 4 St., Beach 4418 Deerfield Beach, FL 33441 City of Ft. Stefan 954-828- smohammedp_fortlauderdale.go 100 N. Andrews Lauderdale Mohammed 5351 v_ Ave., Ft. Laud., FL 33301 City of Joe Tollis 954-457- jtollisp_cohb.org 400 S. Federal Hallandale 3063 Hwy., Hallandale Beach (Parks) Bch., FL 33009 City of Randy Stovall 954-457- rstovallp_cohb.org 630 NW 2nd St., Hallandale 1615 Hallandale Bch., FL Beach (Public 33009 Works) City of Jason Haynes 954-921- ihaynesp_hollywoodfl.org 2600 Hollywood Hollywood 3404 Blvd. Hollywood, FL Parks 33020 Boynton Beach/Co-op—Sod and Sod Installation Page 21 Page 308 of 940 ENTITY CONTACT PHONE E-MAIL ADDRESS ADDRESS City of Vincent 954-535- vincentrp_lauderdalelakes.org 4300 NW 36 St., Lauderdale Richmond 2819 Lauderdale Lakes, Lakes FL 33319 City of Lauderhill Tamica Dennis 954-730- tdennis lauderhill-fl.gov 5581 W. Oakland 4224 Park Blvd., Lauderhill, FL 33313 City of Margate Ben Trapani 954-658- btrapanip_margatefl.com 5790 Margate Blvd., 7693 Margate, FL 33063 City of Miami William Garviso 305-673- will iamgarvisop_miamibeachfl.go 1755 Meridian Ave., Beach 7000 ext. v V FL., Miami 6650 Beach, FL 33139 City of Miami Latora Francis 305-622- Ifrancisp_miamigardens-fl.gov 18605 NW 27 Ave., Gardens 8000 Ext. Miami Gardens, FL 2489 33056 City of Miramar Brenda Martin 954-602- bamartinp_miramarfl.gov 2300 Civic Center 3311 PI., Miramar, FL 33025 City of North Meghan 305-948- Meghan.bennettp_citynmb.com 17011 NE 19 Ave., Miami Beach Bennett 2946 North Miami Bch., FL 33162 City of Oakland Lisa Hill 954-630- Iisahp_oaklandparkfl.gov 3650 NE 12 Ave., Park 4518 Oakland Park, FL 33334 City of Pompano Anthony 954-786- Anthony.orlandoft_copbfl.com 1190 NE 3 Ave., Beach Orlando 4012 Pompano Bch., FL 33060 City of Sunrise Wendy Lorenzo 954-572- wlorenzop_sunrisefl.gov 10770 W. Oakland 2485 Park Blvd., Sunrise, FL 33351 City of Tamarac Keith Glatz, for 954-597- Keith.glatzp_tamarac.org; 7525 NW 88 Ave., Contract 3567 Ievertisbp_tamarac.org Tamarac, FL 33321 (Keith); 954-597- 3717 Levertis Town of Palm Eugene M. 561-227- ebittekerp_townofpalmbeach.com 951 Okeechobee Beach Bitteker 7006 Rd., W. Palm Bch., FL 33401 City of West Josephine 561-822- igroschCa7wpb.org 401 Clematis St., Palm Beach Grosch 2107 W. Palm Bch., FL 33401 City of Wilton David. J. 954-390- darchacki(a_wiltonmanors.com 2020 Wilton Dr., Manors Archacki 2190 Wilton Manors, FL 33305 Boynton Beach/Co-op—Sod and Sod Installation Page 22 Page 309 of 940 5. Pick-up Option: Depending upon purchase order quantity, items must be ready for pickup. Participating agencies reserve the right to pick up with their own vehicle any requirement under 2,000 square feet of sod, but will require delivery of any order in excess of 2,000 square feet to be delivered and unloaded by the contractor at one time. 6. Performance: The sod material delivered under this contract must be of the highest quality and meet all Federal, State, and local laws. All sod installation work must meet the enclosed specifications and be approved by the ordering Co-Op agency. Any sod delivered and/or installed not meeting the specifications outlined in this Invitation to Bid shall be replaced at the discretion of the Co-Op agency. If any material is damaged or destroyed through the fault of the awarded contractor, the item must be replaced within forty-eight(48) hours at the contractor's expense. The replacement sod must be the same species and size. Failure to adhere to the above requirements may result in the cancellation of the contract. 7. Quality Assurance: All sod furnished under this ITB shall be of commercial quality grade as specified by the Southern Seed Certification Association, Inc. Contractor's superintendent shall be well versed in Florida sod material and planting operations. All employees shall be competent and highly skilled in their particular job responsibility in order to properly perform the work. The Contractor is responsible for maintaining the quality of the material on the job throughout the duration of the contract. Any nursery supplying sod that has represented the quality of the sod as being higher than the actual grade as determined under this section shall remove from the project all sod already delivered. Also, the nursery shall not be allowed to supply any additional sod until written evidence is submitted by the Contractor and confirmed by the Grounds Maintenance departments of the participating Co-Op agencies that all material has been inspected and approved by the State Plant Board as being of the quality as represented. The Co-Op has the option to inspect the sod fields prior to the awarding of the Bid and any time during the contract period in order to assure that the sod quality meets the Bid specifications. Compliance with all current restrictions is regarded to movement of the sod into or within areas which are outside of quarantine boundaries for the white fringed beetle and the imported fire ant, as issued by the following agencies: a. U.S. Department of Agriculture, Animal and Plant Health Inspection Services b. Florida Department of Agriculture, Division of Plant Industry All botanical and common names for sod have been from Hortus Third, 1976 edition. Names of varieties not included therein have been generally derived from names accepted in the landscape industry. Where the local nomenclature of the common name differs, the local nomenclature has been used. The sod shall be nursery grown, except where specified otherwise, and shall comply with all required inspectors, grading standards, and plant regulations as set forth by the Florida Department of Agriculture. 8. Substitutions: Substitutions of sod types shall be permitted only upon submission of documented proof that the particular type specified is not obtainable. Substitute shall be submitted for approval by the Grounds and/or Landscape Maintenance departments of the participating Co-Op agencies. The Agencies reserve the right to obtain the sod requested from another source. Boynton Beach/Co-op—Sod and Sod Installation Page 23 Page 310 of 940 9. Guarantee: The guaranteeing sod shall be construed to mean complete and immediate replacement of sod if it is: a. Not in a healthy growing condition b. There is a question to its survival ability at the end of the Guarantee period. C. Sod is dead. d. Contains excessive weed contamination. e. Infestation of any pests and/or bugs (i.e. fringed beetle) Replacement of sod shall be of the same species as that of the plant to be replaced. The guarantee shall be null and void for sod which is damaged, unhealthy, or dies as a result of Acts of God, limited to hail, freeze and winds which exceed hurricane force; providing the sod was in healthy growing condition prior to these Acts of God. 10. Transportation: Movement of sod shall comply with all Federal, State and local laws and regulations. Sod shall be transported on vehicles of adequate size. 11. Work Schedule: Contractor shall guarantee delivery and/or work schedule within ten (10) calendar days after notification of each project. If Contractor cannot make sod delivery and/or work schedule within ten (10) calendar days, the Co-Op Agency has the option to obtain sod from the secondary awarded vendor. If the secondary vendor cannot deliver or meet the work schedule with the ten (10) calendar days, then the City/Co-Op reserves the right to contact another vendor who can deliver and/or meet the work Schedule. Depending upon the circumstances, the City/Co-Op may document the deficiency in the permanent file as non-performance. Contractor shall: a. Deliver sod on pallets with root system protected from exposure to wind and sun. b. Deliver sod in quantities capable of being installed within forty-eight (48) hours of cutting. All installation of sod must be completed within twenty-four (24) hours after delivery to installation site. 12. Traffic Control and Protection: The plans for traffic control within work sites shall be developed with safety concerns as a high priority. The plans should include protection at work site when work is in progress and when operations have been halted (such as during the night). Provisions for the protection of work crew, traffic control personnel, pedestrian and motorists shall be addressed. In all cases, the operation plan for traffic control and protection shall include provisions for the following: a. Advance warning b. Clear view of work site C. Roadway delineation d. Regulatory information e. Hazard warning f. Barriers g. Pedestrian safety h. Access i. Location of vehicles and equipment j. Night safety k. Personnel training I. Traffic control and protection devices (see Florida Department of Transportation Manual on Traffic Controls and Safe Practices for Street and Highway Construction, Maintenance, and Utility Operations. Boynton Beach/Co-op—Sod and Sod Installation Page 24 Page 311 of 940 A written plan detailing traffic control and safety protection should, if required by a Co-Op agency, be prepared by the successful Bidder. This plan will be part of the continuing contract requirements. 13. Sod Installation: Installation shall be in accordance with the guidelines specified by the Southern Seed Certification Association, Inc. and including but not limited to the following: ➢ Installer must be equipped with proper tools to cut and smooth out depressions created by loaders, forklifts, etc. and must have on-site equipment to move sod pallets. Ground preparation will be the responsibility of the Agency(ies). ➢ All sod shall be planted within forty-eight (48) hours of cutting and shall be kept shaded and moist. Sod shall be carefully placed edge-to-edge by hand with tightly fitted joints (overlapping will not allowed). ➢ Sod shall be immediately pressed firmly into place by hand tamping or roller. The installation operation shall provide a true and even surface and ensure knitting without displacement to sod or deformation of the surface of the sodded areas. Areas inaccessible to roller shall be hand tamped. ➢ On slopes having a ratio greater than or equal to 1:3, sod shall be pegged into place with not less than two stakes per square yard. ➢ Installer shall clean all adjacent areas soiled during installation and remove all pallets from site. 14. Installation (Where Applicable): The sod shall be moist and shall be placed on moist soil. Pitchforks shall not be used in handling sod, and dumping from vehicles shall not be permitted. The sod shall be carefully placed by hand, edge-to-edge, in rows at right angles to the slope, commencing at the base of the area to be sodden and working upward. The sod shall be immediately pressed firmly into contact with sod bed to provide a true and even surface and ensure knitting without displacement of sod or deformation of the surfaces of the sodden area. The edges of the sodden areas shall be staggered in a corresponding manner, providing the offset along the edge does not exceed six inches (6"). All vertical edging adjacent to sodden areas shall be tamped as to produce a feather edge. Should Contractor use a roller, they shall coordinate its use as necessary to avoid damage to other work in place. On slopes having a ratio of one in three or greater, peg the installed sod into place with not less than two stakes per square yard. Immediately after completing placement of sod, begin water operation. Water shall be applied in the amount necessary to keep the sod moistened to the full depth of the root zone for a period of not less than two (2)weeks. After the sod has been installed, pallets and other debris created by the Contractor shall be removed from the project. Any paved areas, including curbs and sidewalks which have been strewn with soil, sod waste or fertilizer shall be thoroughly swept. In the event that weeds or other undesirable vegetation became prevalent to such an extent that either cut or uncut they threaten to smother the grass species, they shall be removed as directed by the Grounds Maintenance Supervisor of the appropriate agency. If necessary, it shall be replaced as needed. Installation must be in staggered joints, edge to edge, as tight as possible. All sod shall be alive, fresh, uninjured, and free of insects, pests, weeds, disease and Nematodes. Boynton Beach/Co-op—Sod and Sod Installation Page 25 Page 312 of 940 TECHNICAL SPECIFICATIONS - CONTINUED SOD SPECIFICATIONS/DESCRIPTIONS NOTE: There is sod details in the specifications which are not accounted for in the estimated quantities requested herein. However, the City of Boynton Beach/Co-op may request quantities/orders for the unaccounted sod items during the course of the contract. 1. GENERAL BID SPECIFICATIONS—ALL TYPES OF SOD: The sod shall be a uniform thickness of 1 '/2" with a maximum of 1/2" thatch allowable. Sod shall be in either slabs or rolled strips of uniform length and width measurement no less than 12" x 24". The Co-Op agencies have the option to order either slabs or rolled strips of sod. All sods shall be well matted with a dense root system and of firm, tough texture having a compact top growth and heavy root development; shall be free of objectionable grassy and broad-leaf weeds. Sod shall not be accepted if it contains Bermuda grass. (Note: this sentence does not apply to Bermuda items). Sod sections shall be strong enough to support their own height and retain their size and shape when suspended vertically from a firm grasp on the upper ten percent (10%) of the section. Sod shall not be harvested or transplanted when moisture content (excessively dry or wet) may adversely affect its survival. Sods shall be relatively uncompressed. The solid embedded in the sod shall be clean earth, free of stones and debris. The sod shall have been mowed at least three (3)times with a lawn mower, with final mowing not more than seven (7) days prior to the sod being cut for placement. The sod shall be provided in commercial pad sized measuring not less than twelve inches (12") by twenty-four inches (24") and shall be live, fresh, and uninjured at the time of placement. It shall be machine cut at a uniform sort of thickness of 5/8", plus or minus '/4" at time of cutting. Measurement for thickness shall exclude top growth and thatch. The sod shall be live, fresh, and uninjured at the time of planting. It shall be shaded and kept moist from the time it is cut until it is planted. This section specifies the furnishing and/or installing of sod. The following contains a specific description of the sods being requested and sod installation specifications: A. ST. AUGUSTINE FLORATAM SOLID SOD: Commercial quality grade as specified by the Southern Seed Certification Association, Inc. including but not limited to the following: ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. Sod containing Bermuda grass will not be accepted. ➢ Machine cut pad size: 12" x 24" x3/4 (+ '/4")excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a grasp on upper 10%of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. B. ST. AUGUSTINE PALMETTO: Same specification as Floratam, but more compact and more shade tolerant. Commercial quality grade as specified by the Southern Seed Certification Association, Inc. including but not limited to the following: ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. Sod containing Bermuda grass will not be accepted. ➢ Machine cut pad size: 12" x 24" x3/4 (+ '/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10%of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. C. BAHIA — ARGENTINE BAHIA GRASS: Commercial quality grade as specified by the Southern Seed Certification Association, Inc. including but not limited to the following: Boynton Beach/Co-op—Sod and Sod Installation Page 26 Page 313 of 940 ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. Sod containing Bermuda grass will not be accepted. ➢ Machine cut pad size: 12" x 24" x3/4 (+ '/4")excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10%of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. D. BAHIA — PENSACOLA BAHIAGRASS: Pensacola Bahiagrass is the most widely grown bahiagrass today. It has been established on several million acres of roads, lawns, pastures, forage, and conservation lands in the Southern states of USA since its discovery in 1935 by Ed Finlayson of the Escambia County Extension Service, subsequently selected for widespread use in that area. It has an extensive root system— long, slim (narrow) leaves with a root system that grows to depths of 7-10 feet, which imparts excellent drought tolerance. It also tolerates either hot or cold temperatures as well. It produces an abundance of seedheads, which reduces its desirability for use as a lawn grass but makes it suitable for roadside plantings. It has longer and narrower leaf blades than Argentine. With more cold-tolerance than other Bahia's, it can be grown further North toward and in the transition zone. Top growth is usually killed by "mild frost" but it recovers fast with warm weather. In colder areas, the Pensacola variety produces more early and late season forage growth than the other Bahia varieties. It was originally used as a pasture grass on the sandy soils of the southeastern United States, and is popular low maintenance Iawngrass for infertile soils that does not require high inputs of fertilizers. Although bahiagrass does not produce a high-quality, dense, dark green lawn like some other warm-season Iawngrasses, it does provide a good low maintenance lawn where slightly reduced visual quality is acceptable. It does not form excessive thatch. It may be grown from seed, which is abundant and relatively cheap, or it may be established from sod, sprigs, of plugs. It has relatively few disease problems, and mole crickets are the only primary insect problem. ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. Sod containing Bermuda grass will not be accepted. ➢ Machine cut pad size: 12" x 24" x3/4 (+ '/4")excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10%of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. E. CERTIFIED AND UNCERTIFIED BERMUDA (Tifway 419): As required, sod is to be certified by the Southern Seed Certification Association, Inc. An official labeling certificate is to accompany each shipment of sod. ➢ Bermuda sod shall be of premium grade and sand grown. No broadleaf weeds and no more than two percent (2%) of any other grass or weeds. Sod shall possess characteristics upper surface pubescence. Sod shall be well matted with strong developed roots and be not less than two (2)years old. ➢ Machine cut pad size: 12" x 24" (except for "Big Roll Bermuda sod" which shall be delivered as harvested 42" wide x 100' long rolls) x 3/" (+ '/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. Boynton Beach/Co-op—Sod and Sod Installation Page 27 Page 314 of 940 F. CERTIFIED BERMUDA (Tifgreen 328): Sod is to be certified by the Southern Seed Certification Association, Inc. An official labeling certificate is to accompany each shipment of sod. ➢ Bermuda sod shall be premium grade and sand grown. No broadleaf weeds and no more than two percent (2%) of any other grass or weeds. Sod shall possess characteristic upper surface pubescence. Sod shall be well matted with strong developed roots and be not less than two (2)years old. ➢ Machine cut pad size: 12" x 24" (except for "Big Roll Bermuda sod" which shall be delivered as harvested 42" wide x 100' long rolls) x 3/" (+ '/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. G. BERMUDA CELEBRATION: A selected mutation of Cynodon dactylon, a hybrid cultivar of Bermuda, chosen specifically for its dark blue-green color, low growing habit, adaptability to light-moderate shade, excellent drought tolerance and ability to reduce production costs while demonstrating desirable growth characteristics. Commercial quality grade as specified by the Southern Seed Certification Association Inc. including but not limited to the following: ➢ Bermuda sod shall be premium grade and sand grown. No broadleaf weeds and no more than two percent (2%) of any other grass or weeds. Sod shall possess characteristic upper surface pubescence. Sod shall be well matted with strong developed roots and be not less than two (2)years old. ➢ Machine cut pad size: 12" x 24" (except for "Bid Roll Bermuda sod" which shall be delivered as harvested 42" wide x 100' long rolls) x 3/" (+ '/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. H. BERMUDA TIF DWARF: Wide adaptation throughout the warm-humid and warm semi- arid climates of the southern United States. Fine texture and relatively high shoot density. Good low temperature hardiness. Minimal seed head formation. Commercial quality grade as specified by the Southern Seed Certification Association, Inc. including but not limited to the following: ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. ➢ Machine cut pad size: 12" x 24" x3/4" (+ '/4")excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10%of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. I. PASPALUM SEA DWARF: SeaDwarfTM Seashore Paspalum is the only dwarf of Seashore Paspalum. It is a warm-season turfgrass with a fine texture. SeaDwarf has a green color and tolerates a wide range of mowing heights, about 1/8" to about 1". It can be irrigated with low quality water. Potable, effluent, reclaimed, even seawater under the right conditions can be used as an irrigation source. Commercial quality grade as specified by the Southern Seed Certification Association, Inc. including but not limited to the following: ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. Sod containing Bermuda grass will not be accepted. ➢ Machine cut pad size: 12" x 24" x3/4 (+ '/4")excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10%of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. J. SEAISLE SUPREME SEASHORE PASPALUM—CERTIFIED: Sealsle Supreme is a new and improved semi-dwarf seashore paspalum cultivar developed at the University of Boynton Beach/Co-op—Sod and Sod Installation Page 28 Page 315 of 940 Georgia for tees, greens, fairways and roughs. Like predecessors Sealsle 1 and Sealsle 2000, Sealsle Supreme requires less nitrogen, fertilization and less water than many other warm season cultivars. More importantly, Supreme has a higher inherent salinity tolerance level than the other paspalums available today. It is a grass that thrives on salt water. In fact, it can tolerate extremely poor alternate water sources including sea water- fresh water blends with proper management practices. It also grows quite well when watered from recycled or effluent sources. ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. Sod containing Bermuda grass will not be accepted. ➢ Machine cut pad size: 12" x 24" x3/4 (+ '/4")excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10%of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. Sealsle Supreme is being hailed as the ideal wall-to-wall turfgrass solution for golf courses around the world, with the following characteristics: ➢ Excellent Salt Tolerance — Can be irrigated with brackish water with proper management. ➢ Tolerates gray water and effluent. ➢ Handles wide range of soil pH levels: 4.0-9.8 ➢ High tolerance to salt spray, water logging and periodic inundations. ➢ Low fertilization requirements ➢ Minimal pesticide requirements ➢ Good rooting in sandy, clay or muck-type soils. ➢ Darker green color than Bermuda grass. ➢ Can be overseeded with Bentgrass-Ryegrass-Alkaligrass Blends. ➢ Excellent low light intensity tolerance (cloudy, foggy, smoggy) conditions. ➢ Root growth and functionality still maintained in 40-55 '/4 soil temperature range. ➢ Low tree shade tolerance (similar to Bermuda). K. ULTIMATE FLORA®ZOYSIA: Ultimate Flora®Zoysia, a variety of Zoysia japonica, was developed in Florida by researchers at the University of Florida. This grass is a patented product of the University of Florida Turf Program. It was selected and bred for darker leaf color, fewer seed heads, a more refined leaf structure and, depending on location, faster growth rate than the long-standing Meyer zoysia grass. Ultimate Flora® Zoysia is well suited for use in parks and common areas in warm-season climates. Growers of Ultimate Flora®Zoysia shall be licensed by Environmental Turf, Inc. ➢ Sod pieces shall be 16" x 24" x '/2" excluding top growth and thatch. Must be free of weeds or other grasses. Sod shall be well matted with strong developed roots and be not less than six(6) months old. ➢ Each pallet shall contain a minimum of 400 square feet and be cut within twenty-four (24) hours prior to delivery. ➢ Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10%of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. ➢ Sod containing Bermuda grass will not be accepted. L. HAMMOCK® CENTIPEDE: Hammock® Centipede is a patented product of the University of Florida Turf Program. It is more heat tolerant than other Centipede cultivars. It was bred in South Florida and developed for use as a lawn that can stand up to the summer heat. Low-maintenance features make it highly attractive. Once established, it will need to be mowed less than six (6) times per year. It is suitable for roadways, medians and public common area lawns. Probably not suitable for high-traffic areas. Finer texture than St. Augustine grasses. Darker green color than many existing varieties of Centipede. Growers of Hammock Centipede shall be licensed by Environmental Turf, Inc. Boynton Beach/Co-op—Sod and Sod Installation Page 29 Page 316 of 940 ➢ Sod pieces shall be 16" x 24" x '/4" excluding top growth and thatch. Must be free of weeds and other grasses. Sod shall be well matted with strong developed roots and be not less than six(6) months old. ➢ Each pallet shall contain a minimum of 400 square feet and be cut within twenty-four (24) hours prior to delivery. ➢ Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10%of pad. ➢ Sod must be viable (not dormant)and capable of vigorous growth when planted. ➢ Sod containing Bermuda grass will not be accepted. M. WILDFLOWER SOD: Wildflower sod is a lush mat of wildflower plants with these flowers in sod form. The sod is easily laid in place and is a popular alternative to a manicured garden, as they are low maintenance requiring little water and reduce mowing frequency once established. Unlike popular belief, wildflowers are difficult to germinate from seed (most have a germination rate of 50% to 70%). Wildflower sod is the perfect answer because over 3/ of the seeds are already germinated and grown approximately 3-6 inches. ➢ Wildflower sod shall be furnished in using the same machine cut pad size: 12" x 24" x 3/m (+1/4"). ➢ The sod pads shall be composed of densely packed, at least 75mm tall — approx. 3 inches— perennial wildflower plants with well developed root systems. ➢ Plants shall be mature enough to bloom within six (6)to eight(8)weeks after planting. ➢ The Wildflower sod shall contain a minimum of 4-5 varieties of hardy, native, perennial plants, and all must contain plants compatible with both Zone 10 and Zone 11. ➢ Sod shall contain a mix of native wildflowers within a sod form to include but not limited to: • Coreopsis Verticillata • Coreopsis Grandiflora • Coreopsis Tinctoria • Gaillardia Pulchella • Dune Sunflower • Coneflower THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach/Co-op—Sod and Sod Installation Page 30 Page 317 of 940 THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY RESPONSE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Y, v pl yy 1 _ l Page 318 of 940 0 BIDDER'S ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Bid Title: SOD AND SOD INSTALLATION Bid Number: 033-2730-18/IT Bid Received By: AUGUST 3, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: AUGUST 3, 2018, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: E-Mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 36 Page 319 of 940 0 BID FORM SOD AND SOD INSTALLATION BID NO: 033-2730-18/IT (Submit One (1)Original +Three (3)copies of this form to City of Boynton Beach Procurement Services, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425 or P.O. Box 310, Boynton Beach, Florida 33425-0310) Submitted By: Date: (BIDDER) 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into a Contract with the CITY to perform and furnish all WORK, equipment and materials as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, including the following addenda: Number Date Number Date receipt of all of which is hereby acknowledged; b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. c. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. d. BIDDER'S Bid submittal is genuine and not made in the interest of, or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 37 Page 320 of 940 4. BIDDER proposes to furnish the Work in conformity with the specifications and at the Bid Prices referenced below in the Schedule of Bid Prices. The Bid Prices quoted have been checked and certified to be correct. Said Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 5. The City reserves the right to reject any bid, if it deems that a BIDDER has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this Bid, and further, that they have examined the Invitation to Bid, the General Conditions, Special Conditions, the Specifications, and other documents included in this Bid request, and hereby promises and agrees that, if this Bid is accepted, they will faithfully fulfill the terms of this Bid together with all guarantees and warranties thereto. The undersigned Bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the Bid package; and also agrees that products and/or equipment to be delivered which fail to meet Bid specifications will be rejected by the City within thirty (30)days of delivery. Return of rejection will be at the expense of the BIDDER. 6. It is the intent of the City to award this Bid to the lowest responsible and responsive BIDDER in accordance with Item 9 of the Special Conditions herein. The City reserves the right to accept or reject any or all Bids and to waive any informality concerning the Bids when such rejection or waiver is deemed to be in the best interest of The City of Boynton Beach. The City reserves the right to award the Bid on a split order basis, lump sum or individual item basis unless otherwise stated. 7. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Fax Number Cell Phone Number Email Address 8. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID# THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 38 Page 321 of 940 SCHEDULE OF BID PRICE THIS IS NOT AN ORDER ITEM# ITEM DESCRIPTION Zone Pricing F4 Per Square Foot **To Establish Unit Prices* St.Augustine "Floratam" Group 1. (Items 1-5) North Central South 1 Under 2,000 SF, picked up by agency: $ $ $ 2 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 3 delivered & unloaded: $ $ $ 4 Sod installation—for sod provided by others: $ $ $ 5 Sod installation only—at time of delivery: $ $ $ St.Augustine "Palmetto" Grou 2. (Items 6-10) North Central South 6 Under 2,000 SF, picked up by agency: $ $ $ 7 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 8 delivered & unloaded: $ $ $ 9 Sod installation—for sod provided by others: $ $ $ 10 Sod installation only—at time of delivery: $ $ $ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 39 Page 322 of 940 Bahia Ar entine Grou 3: (Items 11-15) North Central South 11 Under 2,000 SF, picked up by agency: $ $ $ 12 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 13 delivered & unloaded: $ $ $ 14 Sod installation—for sod provided by others: $ $ $ 15 Sod installation only—at time of delivery: $ $ $ Bahia Pensacol Grou 4: (Items 16-20) North Central South 16 Under 2,000 SF, picked up by agency: $ $ $ 17 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 18 delivered & unloaded: $ $ $ 19 Sod installation—for sod provided by others: $ $ $ 20 Sod installation only—at time of delivery: $ $ $ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 40 Page 323 of 940 Bermuda Tifway 419 "Certified" Group 5: (Items 21-26) North Central South 21 Under 2,000 SF, picked up by agency: $ $ $ 22 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 23 delivered & unloaded: $ $ $ 24 Sod installation—for sod provided by others: $ $ $ 25 Sod installation only—at time of delivery: $ $ $ 42"Wide Rolls, delivered, unloaded, installed 26 (NOTE: Estimated quantity 20,000 SF/year): $ $ $ Bermuda Tifway 419 UnCertifie Grou 6: (Items 27-31) North Central South 27 Under 2,000 SF, picked up by agency: $ $ $ 28 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 29 delivered & unloaded: $ $ $ 30 Sod installation—for sod provided by others: $ $ $ 31 Sod installation only—at time of delivery: $ $ $ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 41 Page 324 of 940 Group 7: 113ermuda Ti f reen 328 North Central South Items 32-36 32 Under 2,000 SF, picked up by agency: $ $ $ 33 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 34 delivered & unloaded: $ $ $ 35 Sod installation—for sod provided by others: $ $ $ 36 Sod installation only—at time of delivery: $ $ $ Bermuda Celebration Group 8: (Items 37-41) North Central South 37 Under 2,000 SF, picked up by agency: $ $ $ 38 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 39 delivered & unloaded: $ $ $ 40 Sod installation—for sod provided by others: $ $ $ 41 Sod installation only—at time of delivery: $ $ $ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 42 Page 325 of 940 Bermuda Tif Dwa Group 9: (Items 42-46) North Central South 42 Under 2,000 SF, picked up by agency: $ $ $ 43 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 44 delivered & unloaded: $ $ $ 45 Sod installation—for sod provided by others: $ $ $ 46 Sod installation only—at time of delivery: $ $ $ Pas alum Sea Dwa Group 10: (Items 47-51) North Central South 47 Under 2,000 SF, picked up by agency: $ $ $ 48 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 49 delivered & unloaded: $ $ $ 50 Sod installation—for sod provided by others: $ $ $ 51 Sod installation only—at time of delivery: $ $ $ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 43 Page 326 of 940 Sealsle Supreme Pas alum Group 11: ICertified North Central South Items 52-56 52 Under 2,000 SF, picked up by agency: $ $ $ 53 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 54 delivered & unloaded: $ $ $ 55 Sod installation—for sod provided by others: $ $ $ 56 Sod installation only—at time of delivery: $ $ $ Ultimate Flora® Group 12: Zoysia North Central South (Items 57-61) 57 Under 2,000 SF, picked up by agency: $ $ $ 58 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 59 delivered & unloaded: $ $ $ 60 Sod installation—for sod provided by others: $ $ $ 61 Sod installation only—at time of delivery: $ $ $ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 44 Page 327 of 940 Hammock® Group 13: Centipede North Central South Items 62-66 62 Under 2,000 SF, picked up by agency: $ $ $ 63 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 64 delivered & unloaded: $ $ $ 65 Sod installation—for sod provided by others: $ $ $ 66 Sod installation only—at time of delivery: $ $ $ Group 14: Wildflower Sod North Central South Items 67-71 67 Under 2,000 SF, picked up by agency: $ $ $ 68 Under 2,000 SF, delivered & unloaded: $ $ $ 2,000 SF or more—but less than truckload, 69 delivered & unloaded: $ $ $ 70 Sod installation—for sod provided by others: $ $ $ 71 Sod installation only—at time of delivery: $ $ $ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 45 Page 328 of 940 THIS IS NOT AN ORDER ITEM# ITEM DESCRIPTION I Zone Pricing F4 Per Square Foot **To Establish Unit Prices GROUP 15 TRUCKLOAD TL PRICING Direct from sod farm, delivered, unloaded, and installed Item 72: ISt.Augustin Floratam North Central South 72 Truckload Rate per square foot : $ /sf $ /sf $ /sf Truckload Price $ TL $ ITL $ /TL Number of pallets per truckload /SF per pallet -pallets/ sf per pallet Item 73: ISt.Au ustine Palmett North Central South 73 Truckload Rate per square foot : $ /sf $ /sf $ /sf Truckload Price $ /TL $ ITL $ /TL Number of pallets per truckload /SF per pallet -pallets/ sfper pallet Item 74: 1 Bahia Ar entine North Central South 74 Truckload Rate per s uare foot : $ /sf $ /sf $ /sf Truckload Price $ /TL $ ITL $ /TL Number of pallets per truckload /SF per pallet -pallets/ sfper pallet THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 46 Page 329 of 940 Item 75 1 Bahia Pensacol North Central South 75 Truckload Rate per square foot : $ /sf $ /sf $ /sf Truckload Price $ /TL $ ITL $ /TL Number of pallets per truckload /SF per pallet -pallets/ sfper pallet Item 76: Bermuda Tifwa 419 "Certified" North Central South 76 Truckload Rate per s uare foot : $ /sf $ /sf $ /sf Truckload Price $ /TL $ ITL $ /TL Number of pallets per truckload /SF per pallet -pallets/ sfper pallet Item 77: 113ermuda Tifwa 419 "UnCertified' North Central South 77 Truckload Rate per square foot : $ /sf $ /sf $ /sf Truckload Price $ /TL $ ITL $ /TL Number of pallets per truckload /SF per pallet -pallets/ sfper pallet Item 78: 113ermuda Tif reen 328 North Central South 78 Truckload Rate per s uare foot : $ /sf $ /sf $ /sf Truckload Price $ /TL $ ITL $ /TL Number of pallets per truckload /SF per pallet -pallets/ sfper pallet THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 47 Page 330 of 940 Item 79 Bermuda Celebration North Central South 79 Truckload Rate per square foot : $ /sf $ /sf $ /sf Truckload Price $ /TL $ ITL $ /TL Number of pallets per truckload /SF per pallet pallets/ sf per pallet Item 80: Bermuda Ti f Dwa North Central South 80 Truckload Rate per square foot : $ /sf $ /sf $ /sf Truckload Price $ /T $ ITL $ /TL L Number of pallets per truckload /SF per pallet pallets/ sf per pallet Item 81: 1 Pas alum Sea Dwa North Central South 81 Truckload Rate per s uare foot : $ /sf $ /sf $ /sf Truckload Price $ /TL $ ITL $ /TL Number of pallets per truckload /SF per pallet —pallets/ sf per pallet Item 82: 1 Sealsle Supreme Pas alum -Certified North Central South 82 Truckload Rate per square foot : $ /sf $ /sf $ /sf Truckload Price $ /TL $ ITL $ /TL Number of pallets per truckload /SF per pallet —pallets/ sf per pallet THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 48 Page 331 of 940 Item 83: Ultimate Flora® North Central South Zoysia 83 Truckload Rate per s uare foot : $ /sf $ /sf $ /sf Truckload Price $ /TL $ ITL $ /TL Number of pallets per truckload /SF per pallet —pallets/ sf per pallet Item 84: 1 Hammock®Centipede North Central South 84 Truckload Rate per square foot : $ /sf $ /sf $ /sf Truckload Price $ /TL $ /TL $ ITL Number of pallets per truckload /SF per pallet —pallets/ sf per pallet Item 85: Wildflower Sod North Central South 85 Truckload Rate per s uare foot : $ /sf $ /sf $ /sf Truckload Price $ ITL $ ITL $ /TL Number of pallets per truckload /SF per pallet -pallets/ sfper pallet Additional Required Information (FOR INFORMATIONAL PURPOSES): 86. Additional Discount— If Awarded Entire Bid: Please state additional percentage discount that would apply to combined total if awarded all items bid. If none, please so state. (The above % discount would apply only if all items bid are acceptable to the CITY and the CO-OP; this is NOT to be considered a cash discount.) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 49 Page 332 of 940 Submitted on this day of 12018 a. (If an individual, partnership, or non-incorporated organization) Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE, NON-CONFORMING AND INELIGIBLE FOR AWARD. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 50 Page 333 of 940 CERTIFICATE (For Partnership) I HEREBY CERTIFY that a meeting of the partners of a Partnership under the laws of the State of held on 20 , the following resolution was duly passed and adopted: "RESOLVED, that as of the partnership, is hereby authorized to execute the Bid Form dated 20 , between the City of Boynton Beach, Florida, and this Partnership, and that the execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_day of 20_ (Signature) (Title) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me on this day of 20 by who a is personally known to me or who a has presented the following type of identification: Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 51 Page 334 of 940 CERTIFICATE (For Corporation) I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on 20 _, the following resolution was duly passed and adopted: "RESOLVED, that as of the Corporation, is hereby authorized to execute the Bid Form dated 20_, between the City of Boynton Beach, Florida, and this Corporation, and that the execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this Corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_day of 20_ Secretary STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me on this day of 20 by who a is personally known to me or who a has presented the following type of identification: Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 52 Page 335 of 940 0 BIDDER'S QUALIFICATIONS STATEMENT BIDDER shall furnish the following information. All questions to be answered in full, without exception. If copies of other documents will provide the appropriate answer to the question, they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. BIDDER'S GENERAL INFORMATION: 1. BIDDER'S Name, Principal Address, Phone and Fax Number: 2. Number of years as a Contractor in this type of work: 3. Names and titles of all officers, partners or individuals doing business under trade name: 4. The business is a: Sole Proprietorship ❑ Partnership ❑ Corporation ❑ 5. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: 6. What is the last project of this nature that you have completed? 7. Have you personally inspected the proposed WORK and do you have a complete plan for its performance? EXPLAIN THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 53 Page 336 of 940 8. List past clients your company has worked for within the past three years. BUSINESS/ CONTACT Product/ Tel: No. 1 Service Fax: and$ Email Value BUSINESS/ Product/ Tel: CONTACT Service Fax No.2 and$ Email Value BUSINESS/ Product/ Tel: CONTACT Service Fax No.3 and$ Email Value BUSINESS/ Product/ Tel: CONTACT Service Fax: No.4 and$ Email Value BUSINESS/ Product/ Tel: CONTACT Service Fax: No.5 and$ Email Value 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 10. State the name and licensing of the individual who will have personal supervision of the WORK. (Attach all licensing) 11. Will you sublet any part of this WORK? If so, give details. 12. What equipment do you own that is available for the WORK? (Attach additional sheets as necessary) 13. What equipment will you purchase for the proposed WORK? THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 54 Page 337 of 940 14. What equipment will you rent for the proposed WORK? 15. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5)years? If yes, please explain below: 16. List and describe all bankruptcy petitions (voluntary or involuntary)which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 17. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 18. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? (If yes, specify in details the circumstances, and prospects for resolution). 19. Bank References (Include name,job title, and telephone number of contact person)— Minimum 1 20. Annual Average Services Revenue of the Bidder for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work(a +b): THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 55 Page 338 of 940 Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. By (Signature) Date THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 56 Page 339 of 940 E ¥ » Co S 'Lo- 4-- \ / ° 70 70 Co @2 2 £ � ° © & / £ ¥ (L70 m 0 22 _ / f ® % \ � 02 2 ° _ / / 0 2 \ 6 = cE t : S U « § \ k O /§ 0 § w � R f / m 0 \ ® coLU 0 2 . 7 & te F- E 7 g § _ § % q ¢ \ / � k| \ j § � 0 a §k M CO « / k 2222 « O _ LU � � �vk0 ® < & t _\ / co (1) k % g S 2 o R \ f0 f � 0 Co Co '\ \ � E 2 w E § £ o 3 3 0 -J LU \ � \\ 0 0 \_ \ C-) 70 O p � -0 � � \ � � F- 2 2 2 @ f \ 0- L q D_ q f \2 v m2 § � w « co c 0 W \ ± 2 o / fmF- C-) m 2 2E $ ° ° M w U o m 2 \ \ § § � 02 _ 0 70� o 0- E / / � $ � < ° \ f J f � f Ca _ o $ f 70 2 = ƒ ± £ o \ k ƒ C: F- (n 0 ® G7 LL / 2 ± 2 \ \ / t 2 e Ego § 2 \ 5 / k 2 & ƒ \ \ m 202 _ &_ © E r 2 R � U ' Co \ ± w © = E 2 — § ° k + — E m - a .$ / ■ _ ° ®Ln 21 / S £ 7Ln 0 0 j / (1) \ 2 @ ± 0 R0o q@ / 0 A D D E N D A CITY OF BOYNTON BEACH FLORIDA SOD AND SOD INSTALLATION BIDDER: DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. We propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM No. DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 58 Page 341 of 940 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: 1) He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) This day of , 20 My commission expires THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 59 Page 342 of 940 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 120 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 60 Page 343 of 940 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form 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 with your bid proposal sheet making it an official part of your bid response. 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 which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Boynton Beach/Co-op—Sod and Sod Installation Page 61 Page 344 of 940 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall- 1) hall:1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 62 Page 345 of 940 0 WARRANTIES In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Million ($1,000,000.00) Dollars for property damage and Five Hundred Thousand ($500,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 63 Page 346 of 940 hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this day of 20_ (SEAL) CONTRACTOR: By ATTEST: Secretary THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 64 Page 347 of 940 0 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of the resultant Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach/Co-op—Sod and Sod Installation Page 65 Page 348 of 940 0 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid No. 033-2730-18/IT, "Sod and Sod Installation" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements, if applicable Specifications unclear (explain below) Other (specify below) REMARKS Boynton Beach/Co-op—Sod and Sod Installation Page 66 Page 349 of 940 THE DOCUMENTS BEHIND THIS PAGE CONTAINS A TTA CHMENTS REFERENCED WITHIN THE D O C UMEN T - - j t Page 350 of 940 ATTACHMENT "A" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Prod ucts-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective (OCP) Personal &Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire)$ 50,000.00 Employees&Officers Med. Expense (anyone person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion &Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- P rope rty Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM05 Boynton Beach/Co-Op—Sod and Sod Installation Page 68 Page 351 of 940 ATTACHMENT "B" PRICING ZONES Paim Beach count 7 . la, 9 YY 13 ASAS--�x Ty SW I Oth St Weld J Sam*P4 111t - �1 North froward "� � ach ,Palm Beach County "- C�E w fid, t;r Zone r � PANO, Uj j -.1c nr r.lr co LU Gy McNab Ind LU owl lomwLu I� Oald 1W Pk BW JT cap Nle SE - Central f3twarc# ' i 8fv FORT 75 Zone 1 84 75 a�ffir ran fid AL South froward & i Miami-Dade County � 0"M Zona HOU.YWWD Pwbrc€s 11"'Handale Dade CoUrIty 3 ,r. Boynton Beach/Co-Op—Sod and Sod Installation Page 69 Page 352 of 940 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 4., Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX: (561)742-6316 ADDENDUM No. 1 DATE: July 26, 2018 BID No. 033-2730-18/IT—SOD AND SOD INSTALLATION Information included in this addendum will have a material impact on the submittal for this solicitation. In case of a conflict between the original solicitation and this Addendum, this Addendum No. 1 shall govern. Words in strikethreugI4 type are deletions from existing text. Words in bold, underlined type are additions to existing text. 1. The Bid due date remains unchanged and is August 3, 2018, no later than 2:30 P.M. Location remains the same. 2. As a point of clarification: As it relates to Ultimate Flora Zoysia sod, Bid Item No. 83, Empire Zoysia or comparable brands of similar Zoysia sod meeting the specifications are acceptable substitutions. Indicate in a comment on the bid sheet what brand you are offering. Please do not alter the bid sheet in any other way. Do not strike-thru any reference; simply include a comment/note at the bottom of the price sheet. Further, include a brochure or specifications on the Zoysia sod you are offering. If you have any further questions or require additional clarification, please e-mail Ilyse Triestman, Purchasing Manager, triestmanip_bbfl.us or phone (561) 742-6322. Sincerely, Tim W. Howard Assistant City Manager -Administration Addendum No. 1 BID NO. 033-2730-18/IT—SOD AND SOD INSTALLATION Page 353 of 940 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P. O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561) 742-6310 FAX.- (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 1 "SOD AND SOD INSTALLATION" BID No.: 033-2730-18/IT RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH RFP PACKAGE FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT NAME OF AUTHORIZED SIGNATURE OF AUTHORIZED REPRESENTATIVE REPRESENTATIVE NAME OF COMPANY DATE Addendum No. I BID NO. 033-2730-18/IT—SOD AND SOD INSTALLATION Page 354 of 940 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 4., Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX: (561)742-6316 ADDENDUM No. 2 DATE: July 27, 2018 BID No. 033-2730-18/IT—SOD AND SOD INSTALLATION Information included in this addendum will have a material impact on the submittal for this solicitation. In case of a conflict between the original solicitation and this Addendum, this Addendum No. 2 shall govern. Words in strikethreugI4 type are deletions from existing text. Words in bold, underlined type are additions to existing text. 1. The Bid due date remains unchanged and is August 3, 2018, no later than 2:30 P.M. Location remains the same. 2. As a point of clarification: As it relates to the Zoysia sod that was revised per Addendum 1, the addendum only referenced Bid Item No. 83; however, it was the intent of the addendum that this revision would apply to all bid items for Zoysia, including Bid Items 57—61. If you have any further questions or require additional clarification, please e-mail Ilyse Triestman, Purchasing Manager, triestmanip_bbfl.us or phone (561) 742-6322. Sincerely, A"Q Tim W. Howard Assistant City Manager -Administration Addendum No. 2 BID NO. 033-2730-18/IT—SOD AND SOD INSTALLATION Page 355 of 940 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P. O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561) 742-6310 FAX.- (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 2 "SOD AND SOD INSTALLATION" BID No.: 033-2730-18/IT RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 2 WITH RFP PACKAGE FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT NAME OF AUTHORIZED SIGNATURE OF AUTHORIZED REPRESENTATIVE REPRESENTATIVE NAME OF COMPANY DATE Addendum No. 2 BID NO. 033-2730-18/IT—SOD AND SOD INSTALLATION Page 356 of 940 6.J. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ended July 31, 2018. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the ten (10) month period ended July 31, 2018 (83% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: Budgeted 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 $ 83,894 90% $ 83,767 $ 75,581 90% 11.3% 11.0% &Transfers Expenditures $(93,254) $(70,980) 76% $(83,767) $(66,257) 79% 11.3% 7.1% Excess (Deficit) $- $ 12,914 $- $ 9,324 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $12.9M surplus for the period ending July 31, 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 357 of 940 $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 tenth month in FY 2017-18, revenues and transfers realized are approximately $83.8M or 90% of the budget estimate compared to $75.5M or 90% realized to date in FY 2016-17. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $33.8M as compared to $31.7M 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 tenth month period ending July 31 (83% of the fiscal year) are $70.9M that is 76% 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 $70.9M or 76% of the FY 2017-18 budget. At this point in the fiscal year, FY2017-18 spending levels are $4.7M ahead of the $66.2M or 79% 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 July 31, the operational forecast reflects an estimated decrease of $885K 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 $ 39,562 85% $42,245 $ 37,590 89% 10.2% 5.2% &Transfers Expenditures $ (46,544) $ (36,131) 78% $ (42,245) $ (34,651) 82% 10.2% 4.3% Excess (Deficit) $- $ 3,431 $- $ 2,939 For the tenth month period in FY 2017-18, • Revenues realized are $39.5M (85%) of the annual budget estimate. • Expenditures incurred are $36.1 M (78%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $3.4M. Expenditures (Exhibit D)— Utility Fund FY 2017-18 expenditures to date are $36.1 M or 78% of the annual appropriation compared to expenditures of $34.6M or 82% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Page 358 of 940 ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum GF Statement of Revenues thru J my 31, 2018 D Addendum GF Statement of Expenditures thru July 31, 2018 D Addendum OF Statement of Revenues thru July 31, 2018 D Addendum OF Statement of Expenditures thru J my 31, 2018 Page 359 of 940 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2018(83%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 $ 35,357,976 99% $ 33,130,100 33,198,352 100% 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 33,835,928 99% 31,640,172 31,788,303 100% LICENSES AND PERMITS BUSINESS TAXES 1,731,000 1,767,562 102% 1,656,000 1,717,857 104% BUILDING PERMITS 2,712,000 2,474,106 91% 2,417,000 1,847,847 76% FRANCHISE FEES 4,865,000 3,559,514 73% 5,065,000 3,738,678 74% OTHR LICENSES,FEES&PER 222,000 201,627 91% 218,000 213,131 98% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 39,466 46% 85,000 13,872 16% STATE SHARED REVENUES 8,677,000 7,307,177 84% 8,674,000 7,021,624 81% SHRD REV FROM OTHR LCL 335,000 151,697 45% 310,000 125,361 40% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 137,657 113% 121,300 134,833 111% CHRGS-GENERAL GOVT 507,800 436,614 86% 459,500 423,818 92% PUBLIC SAFETY 6,086,500 5,915,395 97% 5,133,816 6,126,834 119% PHYSICAL ENVIRONMENT 20,000 19,589 98% 20,000 5,709 29% CULTURE/RECREATION 428,700 368,219 86% 415,500 395,734 95% INTEREST&MISC REVENUE LIBRARY FINES 30,000 16,974 57% 30,000 18,491 62% VIOLATIONS LOCAL ORD. 643,000 185,291 29% 720,000 432,849 60% INTEREST EARNINGS 65,000 70,055 108% 50,000 93,274 187% RENTS AND ROYALTIES 368,800 374,424 102% 368,800 354,640 96% SPECIAL ASSESSMENTS 6,589,000 6,766,608 103% 5,541,500 5,645,525 102% SALE OF SURPLUS MATERIAL 1,500 1,968 131% 2,000 1,668 83% OTHER MISC.REVENUE 4,715,145 2,804,524 59% 2,725,000 386,087 14% INTERNAL FUND TRANSFERS TRANSFERS 15,067,850 12,556,542 83% 14,842,000 12,368,333 83% FUND BALANCE APPROPRIATED 5,884,506 4,903,755 83% 3,272,149 2,726,791 83% Total Revenues $ 93,253,628 $ 83,894,692 90% $ 83,766,737 75,581,259 90% $100,000 Two Year Cumulative Revenue Comparison and CFY $93,254 $90,000 -Budget-($in thousands) - $80,000 h a"y 5v 70,000 e 1b $60,000 q 1 $50,000 t s ( , $40,000 - �� $30,000 $20,000 Ilii Ilk, 5 � it $10,000 $o ...... ..... .... ......... ........... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep ,Cumulative 2016-17 Actual Cumulative 2017-18 Actual 2017-18 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ S:A FinanceAFinancial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review-GF-thru July 18 Summarized001 Revenue Summary Revised Page. 34(7G,of 940 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2018(83%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 $ 219,723 82% $ 259,706 $ 227,801 88% CITY MANAGER 746,362 604,778 81% 730,719 634,894 87% CITY HALL/GEN.ADMIN. 13,646,569 4,818,059 35% 7,367,149 2,281,347 31% MARKETING/COMMUNICATIONS 333,846 253,052 76% 258,615 210,650 81% TOWN SQUARE 0 670,552 0% 0 0 0% CITY CLERK 569,241 464,047 82% 531,665 430,422 81% CITY ATTORNEY 574,916 585,910 102% 522,411 415,544 80% FINANCIAL SERVICES 1,302,041 965,844 74% 1,034,767 881,664 85% ITS 2,454,516 1,712,735 70% 1,895,058 1,671,690 88% HUMAN RESOURCES 824,823 604,887 73% 724,830 603,147 83% PUBLIC SAFETY UNIFORM SERVICES 16,981,940 14,423,709 85% 16,758,211 14,148,759 84% ADMINISTRATIVE SERVICES 3,862,184 2,624,635 68% 3,534,348 2,963,363 84% SUPPORT SERVICES 9,608,962 8,400,452 87% 9,693,624 8,193,402 85% FIRE 23,514,949 20,383,879 87% 23,089,868 19,428,191 84% COMMUNITY STANDARDS 2,201,205 1,721,415 78% 1,871,683 1,495,933 0% EMERGENCY MANAGEMENT 22,320 11,372 51% 14,670 8,526 58% BUILDING&DEVELOPMENT DEVELOPMENT 1,136,941 931,896 82% 1,093,300 946,388 87% BUILDING 1,307,987 1,109,801 85% 1,389,088 1,097,619 79% ENGINEERING 622,155 476,718 77% 686,132 591,830 86% PLANNING&ZONING 756,125 587,815 78% 776,734 657,864 85% ECONOMIC DEVELOPMENT 412,318 265,739 64% 211,749 160,627 76% PUBLIC WORKS PUBLIC WORKS 154,775 219,179 142% 223,397 196,904 88% FACILITIES MANAGEMENT 2,005,233 1,367,292 68% 1,624,535 1,247,584 77% STREETS MAINTENANCE 1,236,275 836,813 68% 1,199,602 838,373 70% LEISURE SERVICES LIBRARY 2,315,127 1,886,082 81% 2,280,461 1,938,559 85% SCHOOLHOUSE MUSEUM SERV 254,971 229,824 90% 269,372 246,160 91% RECREATION 3,133,874 2,416,232 77% 2,905,081 2,470,834 85% PARKS&GROUNDS 3,006,672 2,167,147 72% 2,819,962 2,246,010 80% CRA REIMBURSABLE&RESERVES - 20,696 0% - 23,082 0% Total Expenditures $ 93,253,628 $ 70,980,283 76% �$-- 83 766 737 $ 66,257,167 79% $100,000 Two Year Cumulative Expenditure Comparison and $93,254 $90,000 3 CFY Budget-($in thousands) $80,000 3 b 5� $70,000 $60,000 & y ` $50,000 i $40,000 $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 July 18 Summarized001 Expenditure Summary Revised Page 36/01®f 940 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2018(83%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 $ 18,342,629 85% $ 20,250,000 $ 18,544,536 92 WATER CONNECTION FEE 150,000 38,735 26% 25,000 79,277 317 WATER SERVICE CHARGE 850,000 783,650 92% 750,000 843,425 112 WTR-BACKFLOW PREVNTR TEST 10,000 20,196 202% 10,000 13,000 130 RECLAIMED WATER SALES 64,000 289,632 453% 60,000 59,658 99 SEWER SERVICE 18,870,000 15,949,377 85% 18,500,000 15,811,552 85 STORMWATER UTILITY FEE 3,800,000 3,235,215 85% 3,800,000 3,183,438 84 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 (3,915) -11% 35,000 19,420 55 SALE OF SURPLUS EQUIP. 2,000 - 0% - 30,805 0 OCEAN RGE UT TAX ADM CHG 800 778 97% 800 686 86 MISCELLANEOUS INCOME - 466 0% - 686 0% FUND BALANCE DECREASE(INCREASE) 1,061,993 884,994 83% (1,204,004) (1,003,337) 83 TOTAL REVENUES $ 46,543,793 $ 39,562,362 85% $ 42,245,296 $ 37,590,118 89% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 _ b $46,544 Two Year Cumulative Revenues Comparison and CFY Budget-($in thousands) ate' b I $40,000 I ��3y ti I $30,000 1h M� I ',. $20,000 � yo I y,�v yy 5 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 July 18 Summari-d401 Rev Sum Page 362 of 940 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2018(83%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 $ 1,558,752 80% $ 1,814,027 $ 1,577,843 87% PUBLIC WATER TREATMENT 6,009,493 4,125,916 69% 5,961,748 4,811,499 81% METER READING&SERVICES 1,258,478 1,001,685 80% 1,111,186 973,269 88% WASTEWATER COLLECTION 1,674,357 1,191,151 71% 1,624,933 1,217,575 75% WASTEWATER PUMPING STATNS 2,810,391 2,051,956 73% 2,337,495 1,948,727 83% SEWAGE TREATMENT 4,550,000 3,138,206 69% 3,928,070 2,925,380 74% WATER QUALITY 630,247 498,201 79% 634,776 455,405 72% UTILITY ADMINISTRATION 17,268,917 13,944,438 81% 14,552,941 12,137,169 83% UTILITES ENGINEERING 1,478,276 1,197,207 81% 1,481,747 1,271,434 86% STORMWATER MAINTENANCE 1,148,994 855,286 74% 1,008,364 792,675 79% CUSTOMER RELATIONS 1,133,407 963,067 85% 1,369,521 1,190,973 87% DEBT SERVICE 6,635,075 5,605,588 84% 6,420,488 5,348,857 83% Total Expenditures $ 46,543,793 $ 36,131,453 78% $ 42,245,296 $ 34,650,806 82% -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 546,544 Two Year Cumulative Expenditures Comparison and U CFY Budget-($in thousands) a° $40,000 41° $30,000 0ti ,a ^$ti $20,000 �titi $10,0006° $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 July 18 Summari-d401 Exp Sum Page 363 of 940 6.K. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of August 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 August 2018: Purchase Order Vendor Amount 181230,231,232 Dana Safety Supply, Inc. $12,258.91 181239 Duffy's Total Care Lawn Service $ 10,673.75 181247 CDM Smith, Inc. $23,540.00 181261 South FI New Holland Equip Corp $24,530.00 181262 Pride Furniture Division $ 11,432.00 181264 United Concrete Products, LLC $ 11,280.00 181270 Anzco, I nc. $ 52,116.00 181272 Cl Technologies, Inc. $20,500.00 181273 Globaltech, Inc. $23,760.00 181281 Marquez Brothers, Inc. $ 15,750.00 181286 McGovern McDonald Engineers $23,790.00 181290 Alpha Fence Specialists, Inc. $ 14,736.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: Page 364 of 940 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Parch over $1 OK -Aug 2018 Backup Page 365 of 940 \��N CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR AUGUST 2018 1. Vendor: Dana Safety Supply,Inc. Purchase Amount: Requesting Department: Police $12,258.91 Brief Description of Purchase: Contact Person: Captain Zeller Date: 8/2/18 PO 181230- Flash bangs for SWAT team. PO 181231 -Ticket printers for Police vehicles. PO 181232-New Gas Mask filters. Source for Purchase: Three Written Quotes Fund Source: 001-2110-521-52-51 - 2. Vendor: Duffy's Total Care Lawn Service 001-2112-521- $8,905.91 52-51 -$3,353.00 Requesting Department: Public Works Purchase Amount: - $10,673.75 Brief Description of Purchase: Contact Person: Glenda Hall Date: 8/2/18 Landscape project for Edward F Harmening Arbor Park. Source for Purchase: Three Written Quotes Fund Source: 401-2811-536-46-98 3. Vendor: CDM Smith, Inc. Requesting Department: Purchase Amount: Utilities $23,540.00 Brief Description of Purchase: Contact Person: Chris Roschek Date: 8/6/18 Consultant to provide engineering services to the City on a scope of services USEPA SWMM&evaluate the capacity of Pond B to determine if USEDStOrmS flow for the redevelopment of the Town Square 's add to update the downtown Watershed there's additional capacity to store&convey q area. Source for Purchase: Other-CCNA 4. .. Fund Source: 401-2821 Vendor: -536-49-17 South FI New Holland Equip Corp Purchase Amount: Requesting Department: Golf $24,530.00 Brief Description of Purchase: Contact Person: Ron Tapper Date: 8/10/18 A new primary tractor. The old ones are high maintenance and constantly being repaired. Source for Purchase: Three Written Quotes Fund Source: 411-2911-572- 64-21 Page 1 Page 366 of 940 5. Vendor: Pride Furniture Division Purchase Amount: Requesting Department: Library $11,432.00 Contact Person: Michael Naughton Brief Description of Purchase: Date: 8/10/18 Refurbish library furniture. Source for Purchase: Three Written Quotes Fund Source: 105-3221-513-49-17- 6. Vendor: United Concrete Products, LLC 001-2610-571-49-17- $5,707.00 $5,725.00 Purchase Amount: Requesting Department: Utilities $11,280.00 Contact Person: Thorley Johnson Brief Description of Purchase: Date: 8/10/18 Catch Basins for Stormwater Pipes throughout City. Source for Purchase: Three Written Quotes Fund Source: 401-2824-536-46-44 7. Vendor: Anzco, Inc. Purchase Amount: Requesting Department: Public Works $52,116.00 Contact Person: Gail Mootz Brief Description of Purchase: Date: 8/13/18 Facilities staff is currently working on completing the build out of temporary locations for City Hall, Libra Department. Due to the schedule deadlines staff is seeking proposals for interior finishin of ry& Police location. Time is of the essence in order for the temp move to be completed. g the Temporary Police Source for Purchase: Three Written Quotes Fund Source: 001-1214-512-49-17 8. Vendor: CI Technologies, lnc. TS2045 Purchase Amount: Requesting Department: Police $20,500.00 Contact Person: Captain Zeller Brief Description of Purchase: Date: 8/13/18 Internal Affairs tracking software. Source for Purchase: Sole Source Fund Source: 001-2111-521-64-14-$15,500.00 9. Vendor: Globaltech, Inc. 001-2112-521-64-14-$5,000.00 Purchase Amount: Requesting Department: Utilities $23,760.00 Contact Person: Joe Paterniti Brief Description of Purchase: Date: 8/13/18 Consultant to provide engineering services to the City on a scope of services to prepare Department of Health Public Dental Program (PHDP)for installation for he'E tion to the Florida nstallation of fluoridation equipment Treatment Plants. East&West Water Source for Purchase: Other-CCNA Fund Source: 401-2811-536-49-17 Page 2 Page 367 of 940 10,Vendor: Marquez Brothers, Inc. Purchase Amount: Requesting Department: Public Works Contact Person: Bill Darty $15,750.00 Brief Description of Purchase: Date: 8/16/18 Repair damage to dump body of truck#1562. Source for Purchase: Three Written Quotes Fund Source: 501-2516-519-46-31 11.Vendor: McGovern McDonald Engineers Purchase Amount: $23,790.00 Requesting Department: Utilities Contact Person: Michael Low Brief Description of Purchase: Date: 8/20/18 Study to identify sustainability, including consideration of greenhouse gas emissions, through integration of renewable energy sources(e.g. solar, wind)and the development of an overall energy system recommendation.Source for Purchase: Other-CCNA Fund Source: 401-2821-536-31-90 12.Vendor: Alpha Fence Specialists, Inc. Purchase Amount: $14,736.00 Requesting Department: Public Works Contact Person: Gail Mootz Brief Description of Purchase: Date: 8/23/18 Install fencing at 115 N. Federal Highway. New temporary Library site. Source for Purchase: Three Written Quotes Fund Source: 001-1214-512-49-17 TS0115 Page 3 Page 368 of 940 CITY FPURCHASE ORDER BOYNTONEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.BOYNTON BEACH,BOFLLORIDA 33425-0310 P•0. #: 181230 VENDOR 14295 DATE: 08/02/18 TO: DANA SAFETY SUPPLY, INC. SHIP TO: 4100 N POWERLINE RD City of Boynton Beach STE W4 POLICE DEPARTMENT POMPANO BEACH, FL 33073 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION N0. 71930 ORDERING DEPARTMENT: POLICE DATE NEEDED: BID N0: _ ®®® COMMISSION APPROVED: LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED 1 36. 00 EA 7290 CTS FLASH-BANG SINGLE USE UNIT COST COST GRENADE 35. 0600 1262. 16 Min QTY 12 Warehouse: DRQP BATF apx'rval required L;/E agenc�t' dropsy ONLY prioed: lndiviclually. Minimum'' p rcha;se .cluant%:ty (24) hiPPed cases of 12 units purchase Order or letterhead. -` request &. a current destructive devise instructor training certlf ;date for any sworn officer in. the agency .(in.not on fi'l.e at the Ifactory) also required-.:agency. letter of intent :sigqned by ranking officer: a]:so 'required- FET form s .gnecl by ranking .offiae.r`- REMARKS. FLASH BANGS FOR SWAT QUOTE #253;.1.56 DO 'NOT ,MAIh :PO - P.D. WILL SEND TO VENDOR PROCUREMENT SERVICES: TOTAL: 1262.16 ACCOUNT NO. PROJECT - 001-2110-521.52-51 '- PURCHASING Page o 40 0 0r-I LO , r a . fn -1 0 ' oC*qW o . a CN nq q a tD H , , ril A Na:4 ' wr•CA � ;,: � � � zq a i 0 i r z u qF � LDy �lr V2 ri l0 H WO i F U i N 5C NCn �+ W 134 , P4 i Wt:) 5: W F € f o >+ F F o ti F H� i O a000 w 6ZO , w a 000 R; O1 Q U i o E Z 'D(14o 0 FC ri 4 ' O O ri N o. , p ' i H fr1 F H W N N , W o F S+ o Nmo a Q i ri-I N W Ln , H W V) cri z a0 w o ; H x ' a F w Z 5�` �' o f w a , O w F o HO a 0 H i oo a � i �" 0 a _ p H wz' * V a oa o H way W CY Fx z `` \` a WI > a' M •Ay' oo w � � �U o a>, °•i fl' 4 0 �Z iJ T W O 'C1 W O.r.l f4-ri G`7i via co aJ J-!4JO 0 U M H O as US40 � ° i H E., N r rn rove m 0 a U) W �P4 H ' ow p trt� k �i W 1-1-ri a) flies ' HCr— ' 't3 ro of G>Y 4J Sa W m ' W Z a W of tr) aa ugJw ' G.'� JJ W BH a4 ' ro rilw a-w�+p(ao 'd c7 a « ' roe•ri TS O a) �i q Vi W i ' H Z ,� ' ro1JL v U 4J aJ r w . ,e ro W ' 0 aqN ski)�iq W rn� i H ' H 'C1�HJ-J aJ H EFH iq�� W W W a) W J,i~p >1 O H pt ' 01 � H H ' U .,.,>r°riHU>+G W ,w 2z (d ? a �Ji m v-i�J a) F W i 4 O O � Morn wwu P4 a NowHH -1 si�ld >or) � U L ' x O ziU�JU fd ) Sao N a >+ Z x �•H WU gµ4-4 j W N ; � Vi o 00 o z • q ro» �i a)•ri v z 4J W H 0 i •.i m?i O a)S444 N P.. .. ' W N 02U P40>S4•riw-r-I ,H Ln � .QjoO �J G" -ri W 41�O p'E,0 Eo a ,4-ri-ri Q)4-) (7+ bH 6i - Qj 'd � a L)F4 0rdcoUEm P4 : (d:J 0 rd p ~� uroaUUov 4J- Ua)OXUo vJ 0)r. )a ZZ F N (d rMgmOp KCp fd S-1 N a)O-r1(d r-i 1 rU u] ' H a)E 3 pa W R,aM4444 ro Sa(d ' F i•1(d w x zx n a)4.) ji w azo H� roF a a Ol rr Page 370 of 940 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1 o,000 Date: 7/31/2018 Requesting Department: Police Contact Person: Capt Zeller Explanation for Purchase: We are requesting to purchase replacement Ticket printers for police vehicles, flash bangs for SWAT team and new gas mask filters. e . # �l9�9 - 33 3 q S 7 V3, 75 71930- 4 to?jo G Recommended Vendor Dana Safety Supply Dollar Amount of Purchase 12,258.91 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchaser - 001-2110-521-52-51- ticket printers, 001-2112-521-52-51- gas mask filters, 001-2110-521-52-51- flash bangs Approvals: Department Head Date L Purchasing Agent Date 7 Asst City Manager Date City Manager Date Form Revised 02/01/02 ` Page 371 of 940 4: DANA SAFETY SUPPLY,INC Sales Quote 4809 KOGER BLVD GREENSBORO,NC 27407 Sales Quote No. 253156 E Telephone: 800-845-0405 Customer No. BOYTO Bill To Shi To BOYNTON BEACH POLICE DEPT BOYNTON BEACH POLICE DEPT 100 E.BOYNTON BCH. BLVD 100 E.BOYNTON BCH.BLVD BOYNTON BEACH,FL 33435 BOYNTON BEACH,FL 33435 Contact:MATT ZELLER Contact:SCOTT STALEY Telephone: 561-742-6132 Telephone:561-7424813 E-mail: ZELLERM@BBFL.US E-mail: STALEYS@BBFL.US Quote Date Ship Via F.O.B. Customer PO Number Payment Method 07/30/18 GROUND FOB DESTINATIONNET30 Entered By Salesperson Ordered B Resale Number Jose Ferrando Jose Ferrando SCOTT STALEY 85-8012621544CO Order Approve -Tax Unit Extended Quantity Quantity Item Number/Description Price Price 36 36 Y 7290 35.0600 1,262.16 CTS FLASH-BANG SINGLE USE GRENADE-MIN QTY 12 Warehouse:DROP BATF APPROVAL REQUIRED-L/E AGENCY DROPSHIP ONLYM PRICED INDIVIDUALLY.MINIMUM PURCHASE QUANTITY(24) SHIPPED IN CASES OF 12 UNITS. PURCHASE ORDER OR LETTERHEAD REQUEST& A CURRENT DESTRUCTIVE DEVISE INSTRUCTOR TRAINING CERTIFICATE FOR ANY SWORN OFFICER IN THE AGENCY(1F NOT ON FILE AT THE FACTORY. ALSO REQUIRED-AGENCY LETTER OF INTENT SIGNED BY RANKING OFFICER ALSO REQUIRED-FET FORM SIGNED BY RANKING OFFICER swaa»»»»aawa»«svasa«Tawe»wa»a»stwtas»srt»waasaeasta»so Approved By: Approve All Items&Quantities Ouote Good for 30 Days L-L jPrint Date=0/1 Subtotal 1,262.16 Time Freight 0.00 e No. Printed By: Jose Ferrando Order Total 11262.16 Page 372 of 940 �LAMVARK, QUOTIE Quote# OSTD-11609 1935 Pudding"stone Drive Date: 7/311018 La Veme,CA 91750 Payment Terms: Net 30 Days TEL:(909)451-6100 FAX:(908)392-3823 SPID: DFISHER FED TAX ID:95-4451904 RM: FISHER129 Page: 1 of 1 — _ Quote Expiration Date: 91112018 Sold To: Boynton Beach Police Dept Ship To: Boynton Beach Police Dept Attn:Scott Staley Attn:Scott Staley 100 E Boynton Beach Blvd 100 E Boynton Beach Blvd Boynton Beach, FL 33456 Boynton Beach, FL 33456 USA USA :1 Entered by Customer No. Shipping Method PO Number/Contract# Last 4 C/C# gmendieta BDYNTONBEACWPDI BESTWAY Qty Unit! Item Number CT Description C ,nt Q Price Ext Price 30 FA DT8922NRSC Low Rog llTM Distraction Device*-Non-Reloadable wl Safety Clip 58.43 1,752.90 (ATF)(DDTC) Delivery Time'45 Days ARO Please contact Gisela Mendleta at 800.997-3773 ext 103 or gmendlelt@aardvarktactical,com if you would like to place this order. Please allow 8-10 weeks for delivery due to ATF approval No return will be accepted uniess a Return Authorization is issued prior to the goods being ret u11 med If the error which necessitates the return is.a result of an Aardvark error,no restocking fee will be Subtotal 1,752.90 charged. Merchandise may be returned within 30 days of purchase and buyer will be subject to a 20%restocking fee. All returns must be Freight Prepaid and in new sellable condition. Credit for the Freight 170.32 value of the retumed merchandise(less restocking fees and shipping charges)will be made. Estimated Sales Tax 0.00 Defective merchandise is not subject to any restocking fee. Customized orders are non-retumabte Total 1,923.22 www.integratedbyaardvark.com Print Date:719/2018 Page 373 of 940 PRO—TECIA 4 Number AAAQ8020 vTHE FUTURE IN TECHNOLOGY FOR LAW ENFORCEMENT Date Jul 30, 2018 XMIKIN-11 INS yy nt Boynton Beach Police Department Boynton Beach Police Department Marty Polito Officer Scott Staley 440-973-0271 100 E.Boynton Beach Blvd. Officer Scott Staley mpolito@protechsales.com Boynton Beach,FL 33435 100 E.Boynton Beach Blvd. Boynton Beach,FL 33435 Phone (561)742-6184 Phone (561)742-6184 Fax Fax Email: staleys@bbfl.us Email: staleys@bbfl.us Quote is good for 30 days. s OWES MIN,10 1 36 7290-2 Flash-Bang, Aluminum Body, Low Roll $54.00 $1,944.00 DoubleBang'"/ Priced Individually, Must Order Notes: in Quantities of 12 SubTotal $1,944.00 Tax $0.00 Shipping $80.00 Federal ID # 34-1607042 CCIR: Small Business Total $2,024.00 Instructions for Purchase: 1) Email: mpolito@protechsales.com 2) Call Pro-Tech at 800-888-4002 3) Fax to 440.239.9243 4) Mail to: Pro-Tech Sales 1313 West Bagley Rd. Berea, OH 44017 To Accept this quotation,sign here and return to Pro-Tech Sales Thank you very much for your business! P<-,jje I .;f I Page 374 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 181231 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/02/18 VENDOR 14295 SHIP TO: TO: DANA SAFETY SUPPLY, INC. City of Boynton Beach 4100 N POWERLINE RD POLICE DEPARTMENT STE W4 100 E. BOYNTON BCH. BLVD. POMPANO BEACH, FL 33073 BOYNTON BEACH, FL 33435 REQUISITION NO. 71929 ORDERING DEPARTMENT: POLICE ® ® ® DATE NEEDED: BID NO: --m COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 25. 00 EA PJ722 BROT BROTHER POCKET JET 287. 0000 7175. 00 722-200 X 203dpi Resolution warehouse: POMP no cables, or pr: ntirg Supp.aes- printer only . 2 25. 00 EA LB3692 BRpT '14 :DIRE:CT WIRE Z2 18 . 7500 468 . 75 VDC POWER: CORD: ' warehouse. POMP - REMARKS: . REPLACE TICKET :PRINTF_ RS QUOTE :#253152 DO NOT MAIL PO - P.D. WILL SEND .TO VENDOR. PROCUR P.O. TOTAL: 7643 .75 EMENT SERVICES: ACCOUNT NO. PROJECT 001-2110-521.52-51 PURCHASING Page 375 of 940 OD m I I 1 -4 r I I I I \ \ 1 1 I �qU7 W I I w I M ri GQ I I U] 1 \ I- r, r, m I O O U) N ' W I B O r t+ W W a 1 I CL . �C O ui m cn A A a i 3r w d r: 1v ko N. f a ' w I r- 104 A a I a W 1 u] a W > ' 0 ♦ � ' 1 W I eaI gge 1 W � Ix W I , A 1 C/I w ,. I � 83:Op � � � O ' I A I U A E o in m j o o � HZ in W O E U I Ln m () I O O _3 %D ' I H ri a �D I E 1 C' L'•. U) 01 000 I Z N U] W �Hi 1 O I-7 0 0 0 O I P t ONr-I w G4 i.J U I O 1` H 0 l-L-U) l O E U] I t` m E E r)N V H y 0 zI m r•1 H 'W OD r-I I E O H q I ry O a 1 H arm i a' C. 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I a ' a sw M v Page 376 of 940 CITY OF BOYNTON BEACH r ; REQUEST FOR PURCHASE OVER $109000 Date: 7/31/2018 Requesting Department: Police Contact Person: Capt Zeller Explanation for Purchase: We are requesting to purchase replacement Ticket printers for police vehicles, flash bangs for SWAT team and new gas mask filters. �ej• -A 719` r 4 3,553 gel. # 7/9-7? - S 7l V3• -75 �ej- 407630- J IoW, 1G Recommended Vendor Dana Safety Supply Dollar Amount of Purchase 12,258.91 Source for Purchase (check and attach backup materials): Three Written Quotations 0 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2110-521-52-51- ticket printers, 001-2112-521-52-51- gas mask filters, 001-2110-521-52-51- flash bangs Approvals: Department Head CDate Purchasing Agent Date Asst City Manager Date City Manager Date r Form Revised 02/01/02 Page 377 of 940 DANA SAFETY SUPPLY,INC Sales Quote 4809 KOGER BLVD GREENSBORO,NC 27407 Sale sQuote No. 253152 Telephone: 800-845-0405 _Customer No. BOYTO BOYNTON BEACH POLICE DEPT BOYNTON BEACH POLICE DEPT 100 E.BOYNTON BCH.BLVD 100 E.BOYNTON BCH.BLVD BOYNTON BEACH,FL 33435 BOYNTON BEACH,FL 33435 Contact:MATT ZELLER Contact:MATT ZELLER Telephone: 561-742-6132 Telephone: 561-742-6132 E-mail: ZELLERM@BBFL.US E-mail: ZELLERM@BBFL.US Quote Date I Ship Via F.O.B. Customer PO Number Payment Method 07/30/18 1 GROUND FOB DESTINATION NET30 _ Entered By Salesperson Ordered By __ Resale Number _ Jose Ferrando Jose Ferrando CAPT ZELLER 85-8012621544CO Order Approve - - Item Number/Description Unit Extended Quantity Quantity Tax P Price Price 25 25 Y PJ722 287.0000 7,175.00 BROT BROTHER POCKET JET 722-200 X 203 dpi RESOLUTU Warehouse:POMP NO CABLES OR PRINTING SUPPLIES-MINTER ONLY 25 25 Y LB3692 18.7500 468.75 BROT 14' DIRECT WIRE 12 VDC POWER CORD Warehouse:POMP Approved By: E] Approve All Items&Quantities Quote Good for 30 Days Print Date 07/30/18 Subtotal 7,643.75 Print.Time 12:44:41 PM Freig>it 0.00 Page No. 1 3 4 1 ' Printed By:Jose Ferrando Order Total 7,643.75 Page 378 of 940 . ZZ ,` PEOPLE WHO EMSEM GET IT DEAR DOUG SOLOMON, Thank you for considering CDW•G for your computing needs. The details of your quote are below. her. to convert your quote to an order. QUOTE# I QUOTE DATE QUOTE REFERENCE CUSTOMER# g GRAND TOTAL 1BVXQCF 7/30/2018 IN CAR PRINTERS 4891184 $7,682.75 ITEM QTY CDW# UNIT PRICE EXT.PRICE j 25 3955829 $281.74 $7,043.50 Mfg. Part#: P]722 UNSPSC:43212108 Contract: National IPA Technology Solutions(2018011-01) 25 1912881 $25.57 $639.251` Mfg.Part#: LB3692 i UNSPSC: 39121006 Contract: National IPA Technology Solutions(2018011-01) PURCHASER BILLING INFO SUBTOTAL $7,682.75 Billing Address: SHIPPING $0.00 BOYNTON BEACH POLICE DEPT - ._.,. . _ ._ -—.4 ACCOUNTS PAYABLE GRAND TOTAL $7,682.75 j 100 E BOYNTON BEACH BLVD ---....._...__... _, _ ._,.. BOYNTON BEACH,FL 33435-3838 Phone:(561)732-8116 Payment Terms: DELIVER TO Please remit payments to: 1 Shipping Address: CDW Government BOYNTON BEACH POLICE DEPARTMENT 75 Remittance Drive ATTN:D000 SOLOMON Suite 1515 100 E.BOYNTON BEACH BLVD Chicago,IL 60675-1515 BOYNTON BEACH,FL 33435 Phone:(561)732-8116 Shopping Method:FEDEX Ground }5 Afi? 7_J ' .. AIIit5cn Weathers 1 (877)625-7675 1 alliwea@cdwg.com This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at For more information,contact a CDW account manager @ 2018 CDWG LLC,200 N.Milwaukee Avenue,Vernon Hills,IL 60061 1 800.808.4239 Page 1 of 1 Page 379 of 940 Southern Computer ` Warehouse s{.Datt,e , � 1395 S. Marietta Parkway �°Jul 30,2018 10:30 AM Building 300 EDT f � �� Marietta, Georgia 30067 'r g Modified Date United States " Jul 30,2018 10:30 AM http://www.SCw.com 4; EDT (P) 877-GOTOSCW fr: Doc # (F) 770.579.8937 Cart -rev 1 of 1 Description None SalesRep Storesite, Legacy AI (P)877-468-6729 Customer Contact Solomon, Doug (P)561-742-6171 • (F)561-742-6841 ,.solomond@bbfl.us Customer Bill To Ship To City of Boynton Beach FL Police City of Boynton Beach FL Police Dept City of Boynton Beach FL Police Dept Dept(BD3900) Solomon,Doug Solomon,Doug Solomon,Doug Accounts Payable Doug Solomon Accounts Payable 100 E.Boynton Beach Blvd. 100 E.Boynton Beach Blvd. 100 E.Boynton Beach Blvd. Boynton Beach, FL 33435 Boynton Beach FL,FL 33435 Boynton Beach,FL 33435 United States United States United States solomond@ci.boynton-beach.fl.us (P)561742-6185 Ship Via: GROUND Special Instructions: Carrier Account#: 1 Brother PocketJet PJ-722 PJ722VK 25 $317.36 $7,934.00 Vehicle Kit-printer-monochrome-thermal paper-A4/Legal-203 x 200 dpi-up to 8 ppm-USB 2.0 2 Brother-Car Adapter Wired 14 Foot LB3692- 25 $19.22 $480.50 001 Subtotal: $8,414.50 Tax(0.000%): $0.00 Shipping: $0.00 Total: $8,414.50 Disclaimer These prices may not include applicable taxes,insurance,shipping,delivery,setup fees,or any cables or cabling services or material unless specifically listed above. Please note that expedited shipping charges are estimated,and could decrease or increase when invoiced. All prices are subject to change without notice. Supply subject to availability. Page 380 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 181232 BOYNTON BEACH, FOLORIDA 33425-0310 DATE: 08/02/18 VENDOR 14295 SHIP TO: TO: DANA SAFETY SUPPLY, INC. City of Boynton Beach 4100 N POWERLINE RD POLICE DEPARTMENT STE W4 100 E. BOYNTON BCH. BLVD. POMPANO BEACH, FL 33073 BOYNTON BEACH, FL 33435 REQUISITION NO. 71919 ORDERING DEPARTMENT: POLICE • DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 60 . 00 EA MISC HON 168800 P100 APR 55.5500 3333 . 00 TACTICAL warehouse:tamp . choloracetopphenone (CN) :and Chlorobenzxlidene malononitrile APR/P100. taCtical canister: 2 1. 00 EA FREIGHT 20 . 0000 20. 00 REMARKS: GAS!: MASK FILTERS QUOTE :#243- 063-A: DO NOT MAIL PO '- P.D. WILL SEND TO VENDOR . PROCUREMENT SERVICES: 7— 1 P.O. TOTAL: 3353 . 00 ACCOUNT NO. PROJECT 001-2112-521.52-51 PURCHASING Page 381 of 940 rl ri I 1 1 \ I I I M H I I 1 \ \ 1 I 1 C'- CD I I 1 I Ho 0 0 1 1 p 0 0 1 I I W W I 1 Om o m H EI I M N (n M q A 1 1 I M m I i 1 I Cd I (Y. 1 I O I W 1 EI 1 I W H 1 I I a 1 1 aw 1 A H I Z W I i 1 I Wr.�H I ZMOE. 1 I 1 1 I I a I 1 0 I 1 I q I I 1 z I 1 1W 1 0 0 U 1 0 0 0 1 > 1 0 0 z 1 0 0 0 1 1 %. . 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Page 382 of 940 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Date: 7/31/2018 Requesting Department: Police Contact Person: Capt Zeller Explanation for Purchase: We are requesting to purchase replacement Ticket printers for police vehicles, flash bangs for SWAT team and new gas mask filters. � A ' 71Y6 -7r9-? - S 71v 3. 75 Recommended Vendor Dana Safety Supply Dollar Amount of Purchase 12,258.91 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2110-521-52-51- ticket printers, 001-2112-521-52-51- gas mask filters, 001-2110-521-52-51- flash bangs Approvals: Department Head Date Purchasing Agent Date 711! riir' Asst City Manager - Date City Manager - - - Date VJ r Form Revised 02/01/02 Page 383 of 940 Sales Quote DANA SAFETY SUPPLY,INC 4809 KOGER BLVD GREENSBORO,NC 27407 Sales Quote No. 243063-A Telephone: 800-845-0405 Customer No. BOYTO gill To Ship-To BOYNTON BEACH POLICE DEPT BOYNTON BEACH POLICE DEPT 100 E.BOYNTON BCH.BLVD 100 E.BOYNTON BCH.BLVD BOYNTON BEACH,FL 33435 BOYNTON BEACH,FL 33435 Contact:MATT ZELLER Contact:SCOTT STALEY Telephone:561-742-6132 Telephone: 561-742-6132 E-mail: ZELLERM@BBFL.US E-mail: STALEYS@BBFL.US M Shi Via 11'.O.IL Customer PO Number Payment Method OROUND FOB DESTINATIONNET30 re By Salesperson Ordered-By Resale Number Steve Kostas Jose Ferrando SCOTT.STALEY 85-801262t544C0 Order Approve Unit Extended Quantity Quantity Tax Item Number PDescription Price Price 60 60 Y MISC 55.5500 3,333.00 HON 168800 P100 APR TACTICAL Warehouse:TAMP Choloracetophenone(CN)and Chlorohenxydidene malononitrile APR/P 100 Tactical Canister Approved By: Approve All Items&Quantities Ouote Good for 30 Days Print Date 07/30/1.8 Subtotal 3,333.00 Print Time 10:47:43 AM Freight 20.00 Page No. 1 Printed By:Jose Ferrando Order Total 3,353.00 Page 384 of 940 T Cart Page 1 of 2 Checkout Feedback Email ` Print ►- ® Cart Review Complete PROCEED TO DELIVERY METHOD CHECKOUT Shipping Pickup ORDER SUMMARY You are eligible for CHECK AVAILABILITY GrounStandard shippi g! Subtotal$3,975.00 33401 GO Estimated Standard Shipping FREE Estimated Total Y PRODUCTS Show Reference Information i Clear Cart $3,975.00 AVAILABILITYTOTAL Availability, Qiy— shipping,tax& 161 A 7 expected to '0 $3,975.00 promotions are arrive Wed.Apr 25. not final until you 3M complete your Gas Mask Balance expected to Update order. Canister For Use arrive Mon. May 07. Remove With Mfr. No. 6700DIN, One Time + Add 6800DIN, Delivery Promotional 6900DIN,7800S, r1 Auto Reorder Code FR-M40,FR- J 78006 Item # 45JU59 Price $397.50/ pkg.of 6 If you changed multiple quantities, Update All. https://www.grainger.com/cart 4/P 8385 of 940 . I Cart Page l of 2 Hello,Guest! Login Register 60 Item(s) Check Out Only we reaper G ve per transadion rs permited S434340 v4heRreftre ORDER STATUS WISH LIST BULK PRICING SHOP Alt BRANDS Search All Products ' � � ALL CATEGORIES .W _.. NEW PRODUCTS HELMETS , BDOTS PPE FLASHLEGHTS ~APPAREL CUSTOM SHOPPING CART SECURE The following errors were generated when checking your order. SKU'H-968800'onty has 2 units left in-stock.The additional units will be ordered from the manufacturer and sent to you as soon as they are available. PRODUCT NAME CITY PRICE EA. SUBTOTAL REMOVE Honeywell Survivair Opti-Fit CN/CS/P100 Canister-40 min canister 0 $72.39 $434340 In stock and ready to ship • v jt. SKU:H.16880 Enter Coupon Code or Gift Certificate here: Coly one csopan code per vansaclo i6 perm tted Subtotal(before lax&shipping): $4343.40 Firnail Cart n Total(before tax): Sign in to your account now to earn$86.87 FireBucksr"on this purchase! a s r f Don't have an account?Register today to start earning credits on every purchase. LOGIN I REGISTER ; CUSTOMERS WHO BOUGHT THE ITEMS IN YOUR CART ALSO BOUGHT , Honeywe!I Survivair Cpti.Fil Task Force Tips Adapter Twit,Force Tips Fernee x Pe.,Sys Medica[Idilelary ewckhi "tactical Riot Ccntect Gas Double Mae Rocker L,g Fe: ale;.dap?e=Rocker I eag lsraetr 13ardage rma:geacy pouch: Mask 518,00-S25.50 $36:75-542.DD Eancage ' 5168.99 $7.55 S1,005,00 f EMAIL Get First:D€bsonSales Specials CUSTOMER CARE COMPANY INFO SERVICES haps://www.thefirestore.coin/store/`Cart.aspx 4/PRJ 8386 of 940 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #; 181239 BOYNTON BEACH,BFLLORIDA 33425-0310 DATE: 08/02/18 VENDOR 6611 SHIP TO: TO: DUFFY'S TOTAL CARE LAWN SERVIC City of Boynton Beach 10190 52ND PLACE SOUTH PUBLIC WORKS DEPARTMENT LAKE WORTH, FL 33449 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 71947 ORDERING DEPARTMENT: ENGINEERING/GH/AGGA • • `" DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 201. 00 EA INSTALL 201 AFRICAN IRIS MORAEA-1 4 .2500 854.25 GALLON 2 224. 00 EA INSTALL 224. BO$T-ON' FERN=: -.GALLON 4 .2500 952. 00 3 46. 00 EA INSTALL 45 FAKAHATCHEE GRASS 3 9.7500 448.50 GALLON 4 19. 00 EA INS`.PALL 19` DWARF PAKAHA-TC14EF _ 9.7500 185.25 GRA88-3 GALLON' 5 5. 00 EA �iPRO�:TMAT,EI;Y :2, 00 0: SQ FT 4.0. ; '0 0 0 0 2325. 00 PALMETTO gOD-5 PALLETS 6 6. 00 EA PLANTING :SOIL 6. CUBIC YARDS 44..: .000 264.00 7 7. 00 EA NATURAL MULCH 14 CUBIC: YARD-7 4 25:00 29.75 BAGS: . . 8 30 . 00 EA. INSTALL MASON SAND=.30 CUBIC 7;5 QOf)0. 2280. 00 YARDS 9 1. 00 EA 1- BOX :OF'AGRIFORM: :TABS FERTILIZER 76.:b:000, 70.00 10 1665. 00 DL 411 PLASTIC LAND5CAPE. EDGING-5811 0 00 1665. 00 LITER: FEET 11 1. 00 DL E-CAVA'TION OF SAND AREAS TO 6.11 If 164;0.:0 0 0 0 1600. 00 DEPTH APPROXIMATELY 30 CUBIC YARDS MISCELLANEOUS GRUBBING, :GkAT}ING,. PREP & EXAVADIN.G-- REMARKS: LANDSCAPE RENOVATION AT EDWARD HARMONING PARK QUOTE #17003 In PROCUREMENT SERVICES: P.O. TOTAL: 10673 .75 ACCOUNT NO. PROJECT 401-2811-536.46-98 PURCHASING Page 387 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 181239 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/02/18 VENDOR 6611 SHIP TO: TO: DUFFY'S TOTAL CARE LAWN SERVIC City of Boynton Beach 10190 52ND PLACE SOUTH PUBLIC WORKS DEPARTMENT LAKE WORTH, FL 33449 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 71947 ORDERING DEPARTMENT: ENGINEERING/GH/AGGA ® ® ®r DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST *COORDINATE WORK WITH GLENDA HALL Q 330-437-5966* PROCUREMENT SERVICES: `[ P.O. TOTAL: ACCOUNT NO. 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W.. .. 0 .. .. ,a .. .. dry .. .. I�� .. .. °w o.... H O 1 ONA NS+A LDS+A m}IQ E'YIA M) Hp 'a>+Q 6 4C> U>+Q zE WD+Q z E HI NEO NEO CEO -LEO EO EO EEO EO EO HEO O EO O E 1 H� H'� HE H Hz CAH$ H$ H P4 EHE H H� H W I I-aA� I-�A� I-aQ I-aA�.. HQ z 1E .7Q OQM OQ£ U)q£ EH Ax 900 00 00 loo gx 000 H a a I ��°u r��u r.�EU° a��° OXU X00 Ez° Em �P4 o Gl EU >0 wzu XX E-iiMU EE EDW az C UEM H O U) UIoo mot:) MOR mOQ NOR r�OR Eoo rnOQ MO] OQ �w w00 wOR a Q Hurn Hucn Hurn Hurn �auw auto zuu� gum HUU] burn w 04 4 xuv) W H W I w. z a 1 ri N m v Ill to r m m O H U) HQ I a z I H rf Page 390 of 940 CITY OF BOYNTON BEACH .. REQUEST FOR PURCHASE OVER $10,000 Date: 8/1/2018 Requesting Department: PW/Engineering Contact Person: Glenda Hall Explanation for Purchase: Landscape project for Edward F Harmening Arbor Park Recommended Vendor Duffy's Total Lawn Care Dollar Amount of Purchase $10,673.75 Source for Purchase (check and attach backup materials): Three Written Quotations F-1 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2811-536-46-98 .........Approvals: Department Head s Date ( j Purchasing AgentDate s Asst City Manager Date City Manager e. Date t s Form Revised 02/01/02 Page 391 of 940 REQUEST FOR OFFICE ASSISTANCE FROM: —Gall- s? Date: *PRIORITY/DATE NEEDED BY: ❑ Copy Work - Number of Copies: [Double-sided/Collated & Stapled/ Distribution: ❑ Type from the attached/transcription tape/email (to be forwarded upon request) ❑ Request for 121/Direct Pay Req.for the attached - Vendor or Person to be reimbursed: Account Number: - - - - Project No.: Request for Requisition - Vendor: K Account Number: k®l 611 1 - 53( -y(p_- 119- _ Project No.: List Items w/Quantities& Unit Costs on the back of this request. ❑ Verbal Quotes($500 to $1,999): Vendor:mha%"s Cost 3b`I c- Vendor: (3Qt_ Cosf13`6 o.00 Vendor:a G11 Cosp 1.1,!in, � Written Quotes($2,000 to$9,999.99)-Attached: " 1Lk,l2Y.00 ,;ik Written Quotes($10,000 to $24,999)w/Purchases over$10,000 Form-Attached. ❑ Bid/City(Over$25,000): Bid# ❑ Bid/Other Entity(Over$25,000): Bid#, Bid Eff. Dates, & Bid Quotes-Attached. ❑ File As: ❑ OTHER: Special Instructions i6 L Request completed by: _ _ Date completed: Please sign and return this form to the Office Staff's Inbox; feel free to make any comments below. Page 392 of 940 DufVs Total Care Lawn Service,Inc. 10190 52nd Place South Lake Worth, FL 33449 US " (561)433-0095 duffysiandscape@comcast.netJURYj`SS" CT# 17003 CONTRACT DATE 06/08/2018 ADDRESS City of Boynton Beach Forestry and Grounds 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Please detach top portion and return with your payment. --------------------- ___------_---------------._____.------._e..._________.____________._.._.._._........------.----------._..------------------.__._..._..________ SALES REP Brian Duffy ACTIVITY QTY RATE AMOUNT EDWARD HARMONING ARBOR PARK- LANDSCAPE RENOVATION Install 201 African Iris'Moraea'- 1 Gallon 201 4.25 854.25 Install 224 Boston Fern- 1 Gallon 224 4.25 952.00 Install 46 Fakahatchee Grass-3 Gallon 46 9.75 448.50 Install 19 Dwarf Fakahatchee Grass-3 19 9.75 185.25 Gallon Approximately 2,000 Square Feet of 5 465.00 2,325.00 Palmetto Sod-5 Pallets Planting Soil-6 Cubic Yards 6 44.00 264.00 Natural Mulch- 14 Cubic Yards-7 Bags 7 4.25 29.75 Install Mason Sand-30 Cubic Yards 30 76.00 2,280.00 1 Box of Agriform Tabs Fertilizer(20-10-5) 1 70.00 70.00 4"Plastic Landscape Edging-581 Linear 1,665.00 1,665.00 Feet Excavation of Sand Areas to 6"-8"Depth (Approximately 30 Cubic Yards) Miscellaneous Grubbing,Grading, Prep 1 1,600.00 1,600.00 and Excavading .... ....... .... ............. _...._.______ ---- _... .......... .......... ......_. ....... ------__.---------------._._... ..............e_ Acceptance of this contract Is between Duffy's Total Care Lawn Service,Inc.and the Addressee on the first page of the contract for the above work at the stated price. Changes of scope may increase the price. Pricing Is based on normal business hours(M-F,8:OOam-4:)Opm). Palm Beach County License#200302238&#200302236 Broward County License#B903 Page 393 of 940 Carolyn Geddes,ISA FL-9266A Signing this contract indicates acceptance for the above work at the stated TOTAL 1®,673.75 price. Reduction or changes of scope may increase the price. Pricing is based on normal business hours(M-F,8:00am-4:00pm). We follow Palm Beach County Ordinance 87-15 Chapter 162 FS: We cannot trim more than 25%off of any tree within a given year. During removals,root pruning,excavating,stump grinding and tree installations: Duffy's is NOT responsible for damages to wiring,irrigation, lighting that NoCuts cannot mark. We are NOT responsible for surrounding plants and/or sod that is damaged due to work being completed as contracted. It is the responsibility of the HOA and/or homeowner. When performing removals,it is the Association or Homeowner's responsibility to obtain any necessary permits. This contract does NOT include permit cost,cost of obtaining permit or any required replacements unless otherwise stated above. Accepted By Accepted Date Acceptance of this contract is between Duffy's Total Care Lawn Service,Inc.and the Addressee on the first page of the contract for the above work at the stated price. Changes of scope may increase the price. Pricing is based on normal business hours(M-F,8:00am-4:00pm). Palm Beach County License#200302238&#200302236 Broward County License#13903 Carolyn Geddes,ISA FL-9266A Page 394 of 940 }til t��t° � ''" It t;' ■ iEstimate A Better Landscape Company Date 6/22/2018 1312 Commerce Lane, Suite 3C Jupiter,FL 33458 Estimate # 4271 Phone# (561)741-2106 Fax# (561)741-7206 info@abetterlandscapecompany.com -^ Job Address City Boynton Beach C/O Glenda Hall 100 East Boynton Beach, Boynton Beach Fla. 33435 "Because You Deserve A Better Landscape" Phone # Cell# Fax# E-mail 561-742-6228 hall@bbfl.us Description Qty Rate Total Edward Harmoning Arbor Park/Landscape Renovation Iris hexagona African his#1 201 5.50 1,105.50 'Boston Fern"Nephrolepis Exaltata" #1 224 5.00 1,120.00 Tripsacum Dactyloides "Fakahatchee Grass" #3 46 9.00 414.00 Tripsacum Floridanum"Fakahatchee Grass, Dwarf' #3 19 8.50 161.50 Eucalyptus mulch shredded,bagged 180 7.20 1,296.00 Agri Tabs Fertilizer per Box 1 66.00 66.00 Palmetto sod,Pallet 5 472.00 2,360.00 Labor for placement of boulders,excavation of soil from plant beds, 1 3,000.00 3,000.00 removal of existing mulch as needed, grubbing, grading,and prep work needed for installation of plants. Clean Fill#1 Cu/Yd 30 62.00 1,860.00 Potting soil by the yard 6 80.00 480.00 Dump fee 1 100.00 100.00 Diamond Plastic 4"edging 20'roll 31 50.00 1,550.00 Fertilization of all installed material is included in the contract and will be done at no additional Cost. Mulch quantity is estimated only.Actual amount needed will be determined in the field upon installation.Any additional amount needed will be billed at the provided unit price.Any amount not used will be credited back against the estimate. We Look Forward to Working With You Total Signature Page 1 Page 395 of 940 41T 2 ys Estimate A Better Landscape Company Date 6/22/2018 1312 Commerce Lane, Suite 3C Jupiter,FL 33458 Estimate # 4271 Phone# (561)741-2106 � Fax# (561)741-7206 <<�'zt info@abetterlandscapecompany.com Job Address City Boynton Beach C/O Glenda Hall 100 East Boynton Beach, Boynton Beach Fla. 33435 "Because You Deserve A Better Landscape" Phone # Cell# Fax# E-mail 561-742-6228 hall@bbfl.us Description Qty Rate Total Irrigation may need to be modified to provide 100%coverage to ensure survival of new plant material irrigation work is invoiced @ time and material for this kind of work. When installing,removing, or relocating plants, sod,trees etc.A Better Landscape Company assumes no liability express/implied or otherwise for damage to including but not limited to cable TV wire, telephone wire, gas lines, sprinkler pipes, etc. -- Upon-completion,owner is responsible for proper irrigation which 0.00 includes everyday for the first 30 days on newly installed material. We Look Forward to Working With You Total $13,513.00 Signature Page 2 Page 396 of 940 MIGNANO LAWN CARE AND LANDSCAPING Estimate 1127 SOUTH EAST 2ND STREET - BOYNTON BEACH,FLORIDA 33435 DATE ESTIMATE# OFFICE 561-738-2850 FAX 561-738-2801 5/14/2018 3583 NAME/ADDRESS CITY OF BOYNTON BEACH EDWARD HARMONING ARBOR PARK 100 E.BOYNTON BEACH BLVD. BOYNTON BEACH,FL 3343 REP BJG DESCRIPTION QTY COST TOTAL EDWARD HARMONING ARBOR PARK-LANDSCAPE RENOVATION SHRUBS AND GROUND COVER ., 1-GAL AFRICAN IRIS 'MORAEA' 201 6.50 1,306.50 1-GAL BOSTON FERN 1 224 6.00 1,344.00 3-GAL FAKAHATCHEE GRASS 46 11.00 506.00 3-GAL DWARF FAKAHATCHEE GRASS 19 11.00 209.00 SOD AND MISC PALMETTO SOD(PER SQ FT)2000 1,440.00 1,440.00 PLANTING SOIL(PER CU YD) 6 55.00 330.00 NATURAL MULCH(PER CU YD) -EUCALYPTUS 14 90.00 1,260.00 ARGIFORM TABS FERTILIZER(PER BOX) 1 110.00 110.00 MASON SAND(PER CU YD) 30 90.00 2,700.00 EXCAVATION OF SAND AREAS TO 6"-8"DEPTH(APPROX 30 CY) 0.00 0.00 *PRICE INCLUDES HAULING SPOILS OFF-SITE 4"PLASTIC LANDSCAPE EDGING(PER LIN FT) 581 1.50 871.50 MISC GRUBBING,GRADING AND PREP 4,120.00 4,120.00 4M4D Signature AS OF JANUARY 1,2018 THERE WILL BE A 3%CONVENIENCE FEE FOR CREDIT CARD TRANSACTIONS ON ANY JOB OVER$1000.00. THIS DOES NOT INCLUDE EXISTING TOTAL $14,197.00 AUTO PAY MONTHLY MAINTENANCE ACCOUNTS. PAYMENT IS DUE UPON COMPLETION. BY SIGNING TIES PROPOSAL YOU AGREE TO TERMS OF PAYMENT. Page 397 of 940 IM D ROAD A CUT A&t�&VE FL 33470 i LANDSCAPE & IRRIGATION 561,795.1 M - PH fl FX Design•Installation•Maintenance 1 NAMTo's 2 MR i ElAI)DI#ESS City of Boynton Beach Attn: Glenda Hall PO Box 310 Boynton Beach, FL 33425 PROPOSAL _ _ DAA„ PI3.a�OSAT, PBC SBE Vendor#VC0000009701 1/26/2018 11923 DESCRIPTION QT11COST TOTAL RE: EDWARD HARMING ARBOR PARK, BOYNTON BEACH ACA to provide any/all necessary equipment, labor, supervision, materials and supplies to complete the following: 1 Admin/Mobilization 250.00 250.00 ACA TO PROVIDE&INSTALL THE FOLLOWING: SHRUBS &GROUNDCOVERS: African Iris'Moraga' (1 Gal.) 201 4.70 944.70 Boston Fern (1 Gal.) 224 5.90 1,321.60 Fakahatchee Grass(3 Gal.) 46 9.10 418:60 Dwarf Fakahatchee Grass (3 Gal.) 19 9.10 172.90 SOD&MIS C: Palmetto Sod (Per Sq. i=t.) 2,000 0.40 800.00 Planting Soil (Per Cu.Yd.) 6 37.00 222.00 Red Mulch(Per Cu.Yd.) 1.4 40.00 560.00 Agriform Tabs Fertilizer(Per Box) 1 80.00 80.00 > Placement of 15-18 Boulders(Supplied by City) 1,500.00 1,500.00 Mason Sand (Per Cu. Yd.) 30 240.00 7,200.00 Excavation of Sand Areas to 6"-8" Depth (Approx. 30 C.Y's) *Pricing includes 30 125.00 3,750.00 hauling spoils off-site 4" Plastic Landscape Edging (Per Lin. Ft.) 581 3.00 1,743.00 Misc. Grubbing,Grading &Prep 475.00 475.00 �a �' -S CUSTOMERAUTHORrzATZON. x _ T®TAI, $19,437.80 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO.1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY"PLANTS",STATE OF FLORIDA,DEPARTMENT OF AGRICULTURE.THERE WILL BE A CHARGE OF 1.50/6 ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY.SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT,CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN.YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. Page 398 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 181247 BOYNTON BEACOH,BOORIDA 33425-0310 DATE: 08/06/18 VENDOR 531 SHIP TO: TO: CDM SMITH, INC. City of Boynton Beach 75 STATE STREET EAST UTILITY ADMIN SUITE 701 124 E. WOOLBRIGHT ROAD BOSTON, MA 02109 BOYNTON BEACH, FL 33435 REQUISITION NO. 71888 ORDERING DEPARTMENT: UTIL ENGINEERING TP DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 23540 . 00 DL TASK 1- STORMWATER MODEL 1. 0000 23540. 00 CONVERSION Task 2- Stormwater Data and Model Update Task 3- Pond- B' 'Capacity Evaluations Task 4- SuMmai�y.Techriica.l Memorandum. Task 5 Meeti.ngs;, Project Manage.riient :''and Ota,I i ty Cont-r'.01- Task 5!: 1 ProjectProgress' ME'eting Task 5.2 Pro]ect QuaU ty Technical: Review Task ;5.3 Project Status Reports REMARKS- : CONSULTING :ENGINEERING. sERVICEs :TO .UPDATE :THE DOWNTOWN WATERSHED.: USEPA SWMM _TO EVALUA'T'E T-HE CAPACITY. :OF .POND -] TO DETERMINE. :.IF THER-9IS'.ADD'L CAPACITY; TO :STO'RE & CONVEY STORMWATER ..FLOW..'FOR THE REDEVELOPMENT OF :THE. TOWN SQUARE AREA. CCNA PROCUREMENT SERVICES: // P.O. TOTAL: 23540 . 00 ACCOUNT NO. PROJECT �7 401-2821-536.49-17 PURCHASING Page 399 of 940 W W 1 1 1 W � t \ \ 1 I 1 I Ho 0 Hi � zo 0 1 Oo 0 A ' Lr w 1 Ln In 1 C+I M A ; I N N 1 I 1 , I � 1 , Q I , I I � I � 1 ' 1 I 1 r I , HF I O U m I o �*� p 1 I o 8 In In I O t N M 1 t I. CA �i 1 I W H y��-+1 H M I p 1 f H Ru W H l O E2 i O r X; I rI O I H w o U1 1 E i EI w ONH 1 H ' H paa". H 1 W H y H In ; a �uq �W Q.� 'i� 1 O iz W W F HE H I � : .-4 b H t F+ E 1 � ai N aU Q i 1 `d 1 H W � W 1 t 'tl O PQ I . cn �-I i U [g�~ cn � 1 v H � `� MO In ami 'fid} 14 I WH C4 F a � o Iru I g+J R U a Oro ani JJA 4 ROD ou H ; OE mHa i W W pi W O"wzz Wa 'mz H tj ya 1 U y 14 1 O PC t PSfr, Q u tj o H I OW,-lyl trr44+w I Ww WRGHw H H I t.1 du ORI Id fA Imm U' r7 I W Id>,U N 11:J 4J 0 p p N&I z W p i RMw 1J JJJ>H i UH a I Id Uta UUUE pM 1 MW N dl d1 Ccl t t p+ 1 W 41 m H i HJJU m OOOrAH 1 rl W I Id,to 07 P w w z[J 1 Or I �3 m rtp 0 W W Lt+O 1 W u1 O EA He Pp C.. I r1 W rWhRCOGW W H O P4JJO00 InlnlnD O i EzH + HWF H H 1 VffFJaCq HO bN O H HO HO 6 wl 1 1 1 1 I,-ataImg1 I ON U >OH W H O H 1 �4NmvInOowwoo I U. Z W W 41 H a w i bxm�.4-.4V HHOU i FCv O VJs rd U ccrry� DW W W DC b W 1 IIC rt1 ib 20 U0 ' H rq OUJH L4 Q EFHEiHU i H O H W Ui x 9 O W HW �, a"' 0OMw0 o a�Z � I I 1 �n�cauJ � • Page 400 of 940 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE10,000 Date: 26-Jul-18 Requesting Department: Utilities Engineering Contact Person: Christopher Roschek Explanation for Purchase: Consultant to provide engineering services to the City on a scope of services to update the downtown Watershed USEPA SWMM and evaluate the capacity of Pond B to determine if there's additonal capacity to store and convey stormwater flow for the redevelopment of the Town Square area. Recommended Vendor 531 CDM Smith Dollar Amount of Purchase $23,540.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other F7 Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2821-536.49-17 ,Approvals: Department Hea ` Date Purchasing A late Z- ® Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 401 of 940 QUEST FOR REQUISITION H.T.E.ENTRY DATE: 7/25/2018 uH.T.E.REQUISITION# 71888 Contract Coordinator TP.- Director: City Manager(non b dg ed ca)ital and/or$5000+ REASON FOR PURCHASE: CDM Smith will provide Consulting Engineering Services to the City on a Scope of Services to update the Downtown Watershed USEPA SWMM evaluate the capacity of Pond B to determine if there is additional capacity to store and convey stormwater flow from a redevelopment area Town Square.The PC SWMM Stormwater model results will be compared to the 1998 Study. Not to Exceed VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: CDM Smith F Admin. (X Date: 7/25/2018 mNF W ASAP (X) _....ew m. .... _n _.._�_. Address: 621 N.W. 53rd Street Engineering ( ) Date Needed: Confirm. ( ) Suite 265 Cust. Rel. ( ) ASAP/Conf. ( ) _ ........ Boca Raton, FL 33487 Distribution ( } BACKUP DOCS. DELIVERY: SUBMITTED: .. . m...... Phone(contact) m Water Qual. ( ) Quotes/Verbal ( ) E.Admin. 40 (X) Suzanne E. Mechler (over$500) mechlerSE_ cdmsmith.com Phone. 561-571-3756 Pumping ( ) Quotes/Written E.W 11 TP 41 ( ) Fax: (over $2000) Vendor Number: 5767 PWTreat. _s. ( ) W WTP 42 ( } Bid Docs. ( ) �. Meter Serv. ( ) Sole Source Ltr. ( )�� P/U- 99.-. INITIATOR: C._ha�ristop R sk, - Sewage Insurance Special Instructions: En ineerin9 Divisio �ar Requirements: APPROVED: Strmwtr. ( ) 4 Project Number: Quan. Unit Price Description &Part Number Fund Det Basic Elem Ob' Amount Task 1—Stormwater Model Conversion Task 2-Stormwater Data and Model Update 401 2821 536 49 17 $23 540.00 Task 3—Pond B Capacity Evaluations Task 4—Summary Technical Memorandum 1 $23,540.00 Task 5—Meetings,Project Management,and Quality Control Task 5.1-Project Progress Meeting Task 5.2 Project Quality Technical Review Task 5.3 Project Status Reports Total $23,540.00 Page 402 of 940 SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES FOR CITY OF BOYNTON BEACH DOWNTOWN WATERSHED MODEL UPDATE AND POND B CAPACITY EVALUATION This is an exhibit attached to and made a part of the Agreement dated ,20 ,between City of Boynton Beach (OWNER)and CDM Smith,Inc. (ENGINEER)for professional services. PROJECT BACKGROUND The OWNER has requested this Scope of Services to update the Downtown Watershed USEPA SWMM and evaluate the capacity of Pond B to determine if there is additional capacity to potentially store and convey flow from a redevelopment area known as Town Square,which is approximately 16 acres in size (four block area along Seacrest south of Boynton Beach Blvd). SCOPE OF SERVICES The ENGINEER will complete the requested services,as defined in the Tasks listed below. Task 1 Stormwater Model Conversion The ENGINEER will migrate the EPA Stormwater Management Model (SWMM)Version 4 data sets developed for the 1998 Stormwater Master Plan Update for the Downtown Watershed (1998 Study)by CDM Smith for the City of Boynton Beach to be compatible with EPA SWMM Version S. The conversion is needed as the 1998 model data sets are not compatible with current personal computer operating systems.CDM Smith will use PC-SWMM 2017 for both the model conversion and analysis completed under this Task Assignment.The PC-SWMM model results will be compared to those presented in the 1998 Study and noted differences will be discussed with OWNER's staff prior to the start of Task 2. Task 2 Stormwater Data and Model Update The OWNER will provide ENGINEER existing GIS coverages and survey available for the stormwater management system and topographic data along with available digital data for the redevelopment area.The ENGINEER will compare these data to the existing hydraulic network represented in the stormwater model from the 1998 Study and note observed differences.The ENGINEER will meet with the OWNER to discuss the impact of noted hydraulic infrastructure differences in the evaluation of the redevelopment effort being undertaken by the OWNER.If mutually agreed upon by the Owner and the ENGINEER,that the existing inventory needs to be supplemented with survey,then the OWNER will be responsible for providing the agreed upon additional survey to the ENGINEER.Additionally,the OWNER will be responsible for providing available finished floor elevations for buildings around Pond B.The ENGINEER will use the results of this Task to update the permitted Pond B conditions SWMM(piping storage network).This will include modification of up to 15 conduits and nodes.The ENGINEER assumes that no changes in the hydrologic unit delineations will be made under this Task Assignment. Task 3 Pond B Capacity Evaluations smith 1 Page 403 of 940 The ENGINEER will apply the EPA SWMM to simulate hydrology and hydraulics in the watershed and simulate the 5-year 24 hour and the 25-and 100-year 72-hour SFWMD design storms for comparison with the permitted peak flood conditions and for comparison of peak stages in the system.The ENGINEER will evaluate if additional storage capacity exists in Pond B based on comparison with the permitted peak flow rate and comparison of peak flood stages for the 25-and 100-year 72-hour design storms versus road and building evaluation data provided by the OWNER The ENGINEER will advise the OWNER on potential storage and conveyance capacity issues for flood control and for potential Pond B revisions. Task 4 Summary Technical Memorandum The ENGINEER will draft a memorandum summarizing the results from Task 1 through Task 3 for Pond B capacity with recommendations for potential flow attenuation from the redevelopment area (Town Square).The ENGINEER will deliver one digital pdf and one hardcopy of the Draft Technical Memorandum. ENGINEER will incorporate OWNER comments into the Final Technical Memorandum to be delivered to the OWNER. Task 5 Meetings,Project Management,and Quality Control Activities performed under this task consist of those general functions required to keep the project on schedule,within budget,and that the quality of the work products defined within this scope is consistent with ENGINEER's standards and COUNTY's expectations.Specific activities included are identified below: Task 5.1 Project Progress Meetings The ENGINEER will attend up to two meetings/teleconferences for the project with the OWNER.The ENGINEER will prepare meeting notes of each meeting as appropriate.This task also includes internal team meetings. Task 5.2 Project Quality Technical Review The ENGINEER maintains a quality management system(QMS) on all of OWNER projects.An internal project planning and scope review meeting will be conducted at the start of the project. This action is required by ENGINEER's QMS guidelines.Technical specialist reviews are budgeted for and will be performed to review the various submittals. Task 5.3 Project Status Reports The ENGINEER's project manager will prepare and submit a monthly written status report and invoice for anticipated project duration of 30 days. DATA OR COORDINATION ASSISTANCE TO BE PROVIDED BY THE COUNTY 1. Existing GIS coverages and survey available for the stormwater management system. 2. Topographic data along with available digital data for the redevelopment area. 3. Finished floor evaluations for buildings around Pond B. 4. Comments on Draft Technical Memorandum. DELIVERABLES CDM SMIth 2 Page 404 of 940 The CONSULTANT will provide the following electronic deliverables for Tasks 1 through 3 to the OWNER: • Draft Technical Memorandum • Final Technical Memorandum TIME OF COMPLETION/SCHEDULE The duration of the project is subject to the receipt of information to be provided by Owner.It is anticipated that the Daft Technical Memorandum will be submitted within 30 days of the Notice to Proceed. It is anticipated that the Final Technical Memorandum will be submitted within 60 days of the Notice to Proceed. COMPENSATION AND PAYMENT For the services performed under this Contract,the OWNER agrees to pay the CONSULTANT on a time and materials basis,up to a maximum,Not to Exceed amount of$23,540,without a fully executed amendment to this Agreement. CONSULTANT will submit monthly invoices based on the actual number of hours worked at the rates identified in the table below and expenses incurred on the project.Table 1 presents our estimated level of effort and total budget Not to Exceed for the scope of work described above. COMSmith 3 Page 405 of 940 � C C O O O p 0 0 CD ►7 '� f7 n `` 0 Q- C (D M y C 0 CA m J � y A u, "C O O N �• �' w ,P o 00 rt O � O N O rt fD O m O N A rP ~ W V N N O N00 O 00 PD Q. O 'CS o CL v, A W O 00 O 01% O r+ � to 0 ~ m w W V rP O O N ro rr 0 i� 00 CD 00 00 r o w -.4 � in 00 00 0 b O O O Cd y wwka ,� A m cn w Ln o0 O O 00 O Cl OICDN o Page 406 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX P.O. , #: 181261 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 08/10/18 VENDOR 17216 SHIP TO: �- TO: SOUTH FL NEW HOLLAND EQUIP COR City of Boynton Beach 1995 SW 301 ST. THE LINKS AT BOYNTON BCH HOMESTEAD, FL 33033 8020 JOG ROAD BOYNTON BEACH, FL 33437 REQUISITION NO. 71956 ORDERING DEPARTMENT: GOLF COURSE/SFR s DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA NEW HOLLAND WORKMASTER 50 24530.0000 24530.00 TRACTOR REMARKS: QUOTE #11- 00 PROCUREMENT SERVICES: O. TOTAL: 24530 . 00 ACCOUNT NO.. PROJECT 411-2911-572.64-21 PURCHASING Page 407 of 940 00 O 1 1 a' I U1 W + 1 1 \ \ 1 E H W 1 1 QU 1 M 10+1 P1 1 1 v 1 In In ® .. N 8 1 00 i N N x 1 I xH + 1 U AI 1 �Z aad 1 a �o 0o I Pa u I 1 a�9 riM I H 1 1 fl rl Ih In I � M LINO p� H 1 , �O V8 : p o r7 w i Lo Ln ' H m O 1 N N V! 1 x i ' E.E. a pI 1 o Op ix m1 0 ,.� opo 1 01 -a a BU o H O ONO iO H 04 O H I H H H o o a O 9 1 N H H V'In 1p r E p +,]' m i M � NNN i U .,•. W 1 H Pi Ri V! rl i y K' 11: ai W a WW o r o to Wei 1 04 H m ' FT Fri EI 1 O 1 > pWj H Ri H I rl 1 � I H 1 � I H 02 1 Z W 1410 1 I µ�O U H`Zi E tSQ U i i U w Mod m 1 ' E4 1 , I H 1 co, 00) O W I + W 1 W•r7 G: p t pai ' ' OH I rA k> + UH i yH W W i ow i H2 Nb m m I Ina I ' uu 0 14 Fa I C9 CI 7 4 H N 0 pZ'�f b %0 1 1!1 go OZ H 0 P4 H U AI 1 A?.- c�Ie U 3 H O H 1 mgu i U.H ro O al owlH (X 1 p Id + H H 116-H as a '4'9 MEd4 ) • Page 408 of 940 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Date: 6-Aug Requesting Department: Golf Course Contact Person: Sam Reep Explanation for Purchase: The Golf Course needs a new primary tractor so it doesn't have to depend on the older ones which are high maintenance and constantly being repaired. Recommended vendor South Florida New Holland Equip Corp Dollar Amount of Purchase $24,530.00 Source for Purchase (check and attach backup materials): Three Written Quotations X� GSA State Contract PRIDEMESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 411-2911-572-64-21 Approvals: Department Head .,, Date 8S j A'. Purchasing Agent Date Asst City Manager Date City Manager Date ; Form Revised 02/01/02 Page 409 of 940 South Florida New Holland Equip. Corp. DATE 8/1/2018 1995 N.E.8th Street Quotation# 100 Homestead, FL 33033 Phone(305)247-1321 Fax(305)248-3039 Web Site:www.fortrac.com Quotation For: Quotation valid until: 8/11/2018 Name Prepared by: Kyle Wingo Company Name Boynton Beach Golf Course Cell Phone: Street Address Email:kwingo@fortrac.com City, ST ZIP Code Phone Comments or Special Instructions None SALESPERSON P.O. NUMBER SHIP DATE :'_SHIP'VIA F O;B POINT ;TERMS a. . A �. Kyle Wingo Due on receipt QUANTITY SERIAL.# IJESCRjP-f1ON UNIT PRICE AMOUNT 1 New Holland Work Master 50 with 4 wheel drive, 9.5-24 R3 front tires and 16.9-24 R3 rear tires 24,530.00 SUBTOTAL $ 24,530.00 TAX 0.00% If you have any questions concerning this quotation,please contact us. TOTAL $ 24,530.00 To accept this quotation,sign here and return: THANK YOU FOR YOUR BUSINESSi Page 410 of 940 Ree , Sam From: Kyle Wingo <kwingo@ritrac.com> Sent: Sunday,August 05, 2018 4:18 PM To: Reep, Sam Subject: RE: New Holland Workmaster 50 quote#100 It does include delivery to Boyton beach From: Reep, Sam [mailto:ReepS@bbfl.us]�u� Sent: Friday, August 03, 2018 11:58 AM To: Kyle Wingo Subject: New Holland Workmaster 50 quote #100 Hi Kyle- I called and they said you were out of the office yesterday and today but are checking your email. I want to get the requisition for the PO to our Finance Dept today, if possible. Just need to verify that the$24,530 quote includes all fees and delivery, since it doesn't state that. The other quotes I received show a delivery cost or state that it's included. Since yours is the lowest quote, I will need to let our Finance Dept know that your quote does include all costs, including delivery. Sam Reep Administrative Assistant The Links at Boynton Beach Golf Course City of Boynton Beach 8020 Jog Rd. I Boynton Beach, Florida 33472 f 561-742-6502 561-966-1700 ReepS@bbfl.us http://www.boynton-beach.org/ =`Hld . d I 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. 1 Page 411 of 940 E ^c' t1 a � n m t a � O c21 I 5 l NO - - , I C i a Cry) O m M 3 A N N 3 m �p n vi d y d o e d ® � , g e a m m � m w0 � 1Dfdve 'mrL 1D � 3 n ommea' '" °' m®ZO W e a w m � 06010 �m On V m m m o O (Ry 7 O (D ? O W IA (D N 1 c Yl H m m y �1 m -® o ~ ®3 d CL,. d C 6 20 cza P--" 7 rn A L X m `CC ® a m d ��nn� m a t° p n,.. x C n, • C6 S. mm CL = ^ o.o m 0 Q O B7 W m x -n ae 9 m = O'CL a N a, d a S. a^ T —w � n0.3 mma T N 31 cr n m p' c d C m M] I _ s� • d O CL a a, MAI }' i Page 412 of 940 THOMPSON TRACTOR COMPANY 15601 ORANGE AVENUE FT.PIERCE,FL.34945 office(772)460-9040 1 Cel (772)4118-022 I}el e4fax(877)753-3023 Georgegeorge@thompsontractorco.com PROPOSAL The Links at Boynton Beach Golf Course Sam Reep 7-27-20018 BUYER CONTACT CELL DATE 8020 Jog Rd 561-742-6502 561-966-1700 3400 STREET OFFICE PHONE FAX RECORD NO. Boynton Beach FL reaps@bbfl.us 33472 EMAIL CITY/COUNTRY STATE ZIP CODE EMAIL QTY MAKE MODEL SERIAL NO DESCRIPTION PRICE EACH EXTENDED 1 New Holland WM50 NH5335803 New 53 Engine HP 4 WD Open Rops Tractor LIST PRICE $32,308.00 No Diesel Particulate Filter&No DEF Fluid $0.00 x 8 Synchro Left Hand Shuttle Transmission $0.00 Independent 540 RPM PTO, $0.00 CAT II/I 3-Point Hitch Linkage $0.00 1 Rear Remote(open center) $0.00 Cats Eye 2 hi/lo Halogen Headlights $0.00 Industrial Front Tires 12.5x18/18.424 Rear $0.00 1 Sourcewell Discount 22% ($7,107.76) ($7,107.76) 1 PDI $150.00 $150.00 1 Freight $446.00 $446.00 1 Delivery $200.00 $200.00 SUB TOTAL $25,996.24 TRADE DESCRIPTION QTY YEAR MAKE DESC. MODEL SERIAL# TRADE AMOUNT LIEN AMOUNT NET TRADE $0.00 $0.00 $0.00 **FINANCING TERMS& COMMENTS" SUB TOTAL $25,996.24 m 6%ST. +6.0 % Co Sur TAX $0.00 Batt&Tire Disposal Fee $0.00 Finance Fees&Charges $0.00 THIS PROPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WlfRiN 0 DAYS. Down Payment# $0.00 EQUIPMENT IS SUBJECT TO AVAILABILITY& PRIOR SALE BALANCE DUE $25,996.24 DISCOUNTS&INTEREST RATES SUBJECT TO CHANGE MONTHLY PRICE DOES NOT INCLUDE DOC FEES&PHYSICAL DAMAGE INSURANCE SAL LANCE PREPAID FOR SPECIAL ORDERS FOB:FORT PIERCE,FLORIDA UNLESS OTHERWISE SPECIFIED CERTIFIED FUNDS ONLY BUYERS SIGNATURE BINDES PROPOSAL TO INVOICE 3%FEE FOR CREDIT CARD PAYMENT ALL MATERIAL IS GAURANTEED AS SPECIFIED.ALL WORK IS TO BE DONE IN A WORKMANSHIP BUYER SIGNATURE DATE LIKE MANNER ACCORDING TO STANDARD SPECIFICATIONS.ANY ALTERATION OR DEVIATION FROM ABOVE SPECIFICATIONS RESULTING IN EXTRA COSTS WILL BE EXECUTED ONLY UPON WRITTEN ORDER.DEPOSITS AND DOWN PAYMENTS ARE NOT REFUNDABLE UNLESS STATED. AGREEMENT CONTINGENT UPON ACCIDENTS,OR DELAYS BEYOND OUR CONTROL.BUYER TO CARRY ALL NECESSARY INSURANCE.USED EQUIPMENT SOLD AS-IS UNLESS SPECIFIED PRINT NAME PURCHASE ORDER NUMBER/DRIVERS LICENSE NUMBER&EXP DATE DEALER APPROVAL Page 413 of 940 Printed On:06/25/2018 11:19:20 AM(Sales Rep::SM-Contact ID:11317) Status : Open Invoice#47142 Type : Major Unit Quote Date: 06/25/2018 Growers Equipment Co. Contact ID:8286 2695 Davie Road Tax Exempt#85-8012621544C- DAVIE, FL 33314 Exempt Exp.07/31/2022 Main:954.916-1020 Fax: 954-916-0080 Links of Boynton Beach Main 8020 Jog Road BOYNTON BEACH,Florida 33472 UNITED STATES ReepS@bbfi.us 561-742-4000-Business Selected Units for Sale NIU YearMake Model Unit Type VIN/Serial MSRP Sale Price DOC Fees Ofrl Fees Prot.Pkv N/A New WM504WD 010 Ag $31,708.00 $26,000.00 $0.00 $0.00 $0.00 Hollan WORK MASTER Tractor 50 4WD ROPS Invoice Notes WM50 INCLUDES: 4WD REAR REMOTES S&H,DELIVERY AND SET-UP Terms 0 DOWN 0%FINANCING AVAILABLE UP TO 48 MONTHS. Totals Sub Total + $26,000.00 ** Invoice Total = $26,000.00 Amount Paid - $0.00 ** Transaction Total = $26,000.00 Deposit Paid $0.00 Tax Name Tax Amount Exempt-Government Non-Profit $0.00 Signature Page 414 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX P.O. #: 181262 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 08/10/18 VENDOR 2386 SHIP TO: TO: PRIDE FURNITURE DIVISION City of Boynton Beach 10800 EVANS ROAD LIBRARY POLK CITY, FL 33868-9000 208 S. SEACREST BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: ® ® ° DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 30. 00 EA CHAIR. SEAT PADS ONLY. TEARDOWN, 25 .0000 750.00 CUT, SEW AND REUPHOLSTER IN DOUGLAS;. .INVISION, [CAYENNE] . 2 4.00 EA LOUNGEELACT ;:.SIES:: 300. 0000 1200.00 TEARDOWN, GUT, SEW. AND REUPH 'T`ER OLS : I;L DOU>JLAS 1NvlECON ET>IDE< 3 6.00 EA ARM CHAIR 'T'EARDOWN:,,. CUT_; SEW, ANI) 2 J:O,.0 0 0 0 1740. 00 REUPHO-STER N ?UUGLAS_ CIRCUS FRENCH: Rp7 S: ' I:P; SAND AND--`RVF-INISI `:A;RMS TO MA!"'' H: EX.:-STING -EXI, CALOR 4 4. 00 EA UNGE •:TEARDO 9N.; :CUT. SEW AND 2:8:0:.00:0 0. 1120.00 REUPHOLSTER : ; IN::DOUGi�AS. LUXE 5 16. 00 EA. LOUNGE CHAIR:,...- WOOD'.ARMS-..' 3`:5-'(): .0 0:0 0 5600. 00 TEARDOWIV, C. 8E'W REUPHOLSTER .IN -:DO .GLAS LUXE [LILLY gApl STR2:P, SAND AND: REFINISH WOOD TO . MATCH,: EXISTING.:: COLOR%i: 6 1. 00 EA 5�)FA 3 PIECES.' TEAR DOWN; CUT SEW... 77:x. 0000 772. 00 Altb k-E HIO TER IN,DOVOLAS I VISION :`[CfiTRO191 ' 7 1. 00 EA TAI LGA" E: 'P:TCK:. :t ;;. 12 5.0 0 0 0 125. 00 8 1. 00 EA TAILGATH'DEI; lEKY . 125.0000 125.00 REMARKS: a r PROCUREMENT SERVICES: gj l/ P.O. TOTAL: 11432.00 ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 415 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #; 181262 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/10/18 VENDOR 2386 SHIP TO: TO: PRIDE FURNITURE DIVISION City of Boynton Beach 10800 EVANS ROAD LIBRARY POLK CITY, FL 33868-9000 208 S. SEACREST BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: ® ®r DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST QUOTE 43664-B FOR PICK UP &_ DELIVERY. CONTACT MIKE NAUGHTON @ 561-72-6399.. . . ..-.: BO NOT MAIL PO - LIBRARY WILL SEND TO VENDOR PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 416 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX P.O. #; 181262 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 08/10/18 VENDOR 2386 SHIP TO: TO: PRIDE FURNITURE DIVISION City of Boynton Beach 10800 EVANS ROAD LIBRARY POLK CITY, FL 33868-9000 208 S. SEACREST BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ******************************************************************** * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ------------------------- .:.__ .. .-:., .-,: -;. :. ,�.,. :--------- REQ/ACCT DATE . REQ : BY PROJECT AMOUNT ----------------- - ---...... ------- 0000071642 06/21/18 ISRARY1�lli� NAUGH.. 5707. 00 10532215134917 0000071642 06/21/18: Ir1BRAR3�' MIKE NA.UGHTON 5725. 00 00126105714917 .. ' PROCUREMENT SERVICES: (r P.O. TOTAL: ACCOUNT NO. 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(n 0 H O t7 KJ m C LTi LTJ I K) LTJ 'd to K) I ti c H H n 1 W 1 o 10> G7 H LTi I H H N m O 1H • O M H C7 0 0 0 0 0 0 0 o I H r:U H I o 0 0 0 0 0 0 0 k y0 ZO eTi d 0 LTi LTi LTi LTi LTi LTi LTi LTi i 0 NW `Ad t, z 07d H i 00 n ) H b Z o H H b H I `X9 H O ww H O 3 o W IA G7 Zi H H J W N N W I b Ci O A W H N N J Un W tD O N I hi 'iU O O N H H U1 U1 N O O O O VI I LTi J 'Ti H 00 O 13 O O O O O O O O O n ci Ca 00 !4 'Jy O O O O O O O O 1 o Z 'd IA 00 r O O O O O O O O 1 WH Z N 00 b o 0 0 0 0 0 0 0 HH H 0 H LT] LTi In H H U1 H H H d rP H N J m H -7 N li 1 LTJ H t W N N J O N rA O U7 N U7 U1 N O O O O O I n H H I O LTJ M I O O O O O O O O O I (n"Z H O O O O O O O O 0 i H U Z H LTi I mwl7 I 1 m0001 I ' Z I ' GD u LTi LTi LTi o ti `A7 exi I I LTi G]Cl r tTi�d H Z I R,H 1 i Da �d H > z Lb (n LTi I I O F{ 1 nu ro H H LHdi tHTJ LTJ(n I H U]H I I 0 m m 7-a I H I 1 \ \ Lz9 N N Z' I I CT9 00 H Page 019�of 940 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 8/2/2018 Requesting Department: Library Contact Person: Michael Naughton Explanation for Purchase: Refurbish Library furniture. Recommended Vendor Pride Furniture Division #2386 Dollar Amount of Purchase 11,432.00 Source for Purchase (check and attach backup materials): Three Written Quotations F-1 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: State Aid Grant: 105-3221-513.49-17 $5,707.00 General fund: 001-2610-571.49-17 $5,725.00 Approvals: Department Head VLA Date , Purchasing Agent Date Asst City Manager Date City Manager -�_ .., _ Date Form Revised 02/01/02 Page 420 of 940 Quote: 3664-B Refurbishing Quote Date: 02-Aug-2018 From: Chris Shinabarger Jim Smith Refurb Supervisor Phone#(954)914-4135 Fax(813)890-6517 Email:jsmith@pride-enterprises.org To: Michael Naughton Network Administrator Boynton Beach City Library City of Boynton Beach 208 South Seacrest Blvd. BOYNTON BEACH Florida 33435 Phone: Cell: Fax: Line# Qty Item Description Total Each Total Price 1 30 Chair. Seat Pads Only.Teardown, Cut, Sew,And Reupholster In Douglas, Invision[CAYENNE] $25.00 $750.00 2 4 Lounge Chair/Black Sides. Teardown,Cut, Sew,And Reupholster In Douglas Invision[TIDE] $300.00 $1200.00 3 6 Arm Chair.Teardown, Cut, Sew, And Reupholster In Douglas Circus[FRENCH RED] $290.00 $1740.00 Strip, Sand And Refinish Arms To Match Existing Color 4 4 Lounge Chair.Teardown, Cut, Sew,And Reupholster In Douglas Luxe[FLEC] $280.00 $1120.00 5 16 Lounge Chair,Wood Arms.Teardown, Cut, Sew,And Reupholster In Douglas $350.00 $5600.00 Luxe[LILLY PAD]Strip, Sand And Refinish Wood To Match Existing Color. 6 1 Sofa, 3 Pieces.Teardown, Cut, Sew And Reupholster In Douglas Invision(CITRON] $772.00 $772.00 7 1 Tailgate Pickup $125.00 8 1 Tailgate Delivery $125.00 9 Total $11,432.00 Email: Naughton Mabbfl uscom PLEASE SIGN AND RETURN By Mail Or email To Authorize Processing And ! Or Picking Up Your Items Please Sign Here: (4'o4zr (Quotes are valid for 30 Days ONLY) If you have any questions, please feel free to call me at the number and extension listed above. All refurbished items are warranted for 45 days from date of delivery to customer. Warranty covers defects in workmanship and/or material. It does not cover Normal or Excessive wear and tear on refurbished items or mistreatment of item. Prices are subject to change upon review of items due to repair costs,i.e.the prices do not reflect any repair costs or replacement parts. The cost of these parts vary and without having the chairs here to inspect,I cannot guess at any costs required due to repair and parts. Also,prices are subject to change upon review IF they are not the Style of chair quoted for. Please make sure that your Purchase Order has all fabric colors,all wood stain colors and all laminate colors that apply for each line item on that line items description. Our customer service office must receive your Purchase Order before we can start processing your order or pick-up any items to be refurbished. To speed Processing, please fax a copy of your Purchase Order to them at(813)890-6529 POLK FURNITURE 10800 Evans Road I Polk City, FL 33868-6925 1 Tele:(813)890-6529 1 FAX(813) 890-6617 Page 421 of 940 FLAGICRAFT INC Your Vinyl Products Headquarters 1020 North Dixie Highway Boca Raton, FL 33432-1837 5611395-4411 5611395-5040 Fax July 11,2018 Douglas J Miles Flagcraft Inc. flagcraft@aol.com Michael Naughton Boynton Beach City Library 208 S Seacrest Blvd. Boynton Beach, FL.33435 Dear Mike, Thanks again for the chance to bid on the refurbishment of the Libraries furniture. I expect this project to take three months to complete and I do understand you need the furniture wrapped for storage upon its return.We do expect you or your designee to come and inspect each piece before wrapping to pass your inspection.The quote is below. Quantities of each Item and their Description Each 30 Chair Seat Pads to Reupholstered In Douglas GSA Vinyl, Invision[CAYENNE] $30.00 $900.0( 4 Lounge Chairs with Black Sides to Reupholstered In Douglas Invision[TIDE] $330.00 $1320.0( 6 Arm Chairs to Reupholstered in Douglas GSA Vinyl Circus[FRENCH RED] $300.00 $1800.0( Strip, Sand and Refinish Arms to Match Existing Color 4 Lounge Chairs to be Reupholstered In Douglas GSA Luxe [FLEC] $280.00 $1120.0( 16 Lounge Chairs with Wood Arms to be Reupholstered in Douglas GSA Luxe $350.00 $5600.0( [LILLY PAD]Strip,Sand and Refinish Wood Arms to Match Existing Color. 1 Sofa in 3 Pieces to be Reupholstered In Douglas GSA Vinyl Invision[CITRON] $300.00 $900.0( 1 Pickup all pieces $200.0( 1 Delivery all pieces are to be wrapped for long term storage $300.0( Total $12,140.01 Thanks again Regards ------------------------------------------ Doug Miles President Page 422 of 940 FLAGCRAFT INC Your Vinyl Products Headquarters 1020 North Dixie Highway Boca Raton, FL 33432-1837 5611395-4411 561/395-5040 Fax July 11,2018 Douglas J Miles Flagcraft Inc. flagcraft@aol.com Michael Naughton Boynton Beach City Library 208 S Seacrest Blvd. Boynton Beach, FL. 33435 Dear Mike, Thanks again for the chance to bid on the refurbishment of the Libraries furniture. I expect this project to take three months to complete and I do understand you need the furniture wrapped for storage upon its return.We do expect you or your designee to come and inspect each piece before wrapping to pass your inspection.The quote is below. Quantities of each Item and their Description Each 30 Chair Seat Pads to Reupholstered In Douglas GSA Vinyl, Invision[CAYENNE] $30.00 $900.0( 4 Lounge Chairs with Black Sides to Reupholstered In Douglas Invision[TIDE] $330.00 $1320.0( 6 Arm Chairs to Reupholstered in Douglas GSA Vinyl Circus[FRENCH RED] $300.00 $1800.0( Strip, Sand and Refinish Arms to Match Existing Color 4 Lounge Chairs to be Reupholstered In Douglas GSA Luxe[FLEC] $280.00 $1120.0( 16 Lounge Chairs with Wood Arms to be Reupholstered in Douglas GSA Luxe $350.00 $5600.0( [LILLY PAD]Strip, Sand and Refinish Wood Arms to Match Existing Color. 1 Sofa in 3 Pieces to be Reupholstered In Douglas GSA Vinyl Invision[CITRON] $300.00 $900.0( 1 Pickup all pieces $200.0( 1 Delivery all pieces are to be wrapped for long term storage $300.0( Total $12,140.0( Thanks again Regards ------------------------------------------ Doug Miles President Page 423 of 940 4R. GEORGE & ASSOCIRTES, IIAC. P.O. Box 2854 i="Deland, Florida 32721-2854 L'(386)736-2326 L FREE (866)833-3441 L'FRX(386)736-3706 ie_tEMAIL InfoOrgeorge.eom TO: CITY OF BOYNTON BEACH QUOTE#: Q-18-150 ATTN:MICHAEL NAUGHTON DATE: 8/1/2018 PROJECT: BOYNTON BEACH PUBLIC LIBRARY We offer the following quotation for the above project: Item _ Qt� Catalog_# Deseri ationUnit Total REFURBISH LIBRARY FURNITURE 30 Seat Pad Chair Seat Pads to Reupholstered In Douglas GSA Vinyl $35.00 $1,050.00 Invision[CAYENNE] 4 Lounge Chair 1 Lounge Chairs with Black Sides to Reupholstered In Douglas $380.00 $1,520.00 Invision[TIDE] 6 Arm Chair Arm Chairs to Reupholstered in Douglas GSA Vinyl $345.00 $2,070.00 Circus[FRENCH RED] Strip,Sand and Refinish Arms to Match Existing Color Reupholstered In Douglas GSA Luxe FLEC $325.00 $1,300.00 4 'Lounge Chair 2 Lounge Chairs to be Reup g [ ] 16 Lounge Chair 3 Lounge Chairs with Wood Arms to be Reupholstered in Douglas $405.00 $6,480.00 GSA Luxe[LILLY PAD] Strip,Sand and Refinish Wood Arms to Match Existing Color 1 Sofa Sofa in 3 Pieces to be Reupholstered In Douglas GSA Vinyl $345.00 $345.00 Invision[CITRON] 1 Pickup Pickup all pieces $230.00 $230.00 1 Delivery Delivery-all pieces are to be wrapped for long term storage $345.00 $345.00 TOTAL PRICE $13,340.00 BY:AARON KEMBLE NOW ACCEPTING PURCHASE CARD,VISA,OR MASTERCARD. PLEASE ADVISE UPON PLACING ORDER. Page 424 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 181264 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/10/18 VENDOR 13877 SHIP TO: TO: UNITED CONCRETE PRODUCTS, LLC City of Boynton Beach 8351 NW 93 STREET MEDLEY, FL 33166 LOCATIONS AND QUANTITIES SPECIFIED FOLLOWING ITEM REQUISITION NO. 71969 ORDERING DEPARTMENT: UTIL STORMWATER/MR ® ® ® DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 12 . 00 EA 24X37 CATCH BASIN WITH USF 940. 0000 11280. 00 #4105-6224 F/G ------------------------------ SHIPPING SNSTRUCTIONS *** TO: EAST UTILITY ADMIN: 124 E;. WOOtBRIGHT'> ROAD B.OYNT.ON B'E'ACH'; FL 33.435 . 1. --------------------- REMARKS CATCH BASIN FOR STORMWATER PIPES *PLEASE: .CONTACT UTILITY. DEPT FOR. DEL INSTRUCTIONS. _... DO:NOT MAIL PO`, - UTILITY .DEPT WILL SENDTO VENDOR PROCUREMENT SERVICES: r// P.o. TOTAL: 11280.00 ACCOUNT NO. PROJECT 401-2824-536.46-44 PURCHASING Page 425 of 940 00 OD 1 1 O N 00 , , lop tm W , r , 00 0 W W E. U 1 N N Eull >+ O I OU WA W j i O , ~✓ 1 H W I a I , A UH ' t W I WL)U I , I , I 0 1 ' I O 1 I z V] I H QH , o o � > ; oo U 7 ul Q WO Q EUi o o , O x I W 00 C4 w I N N 1 I - 134 I r 1 r-I , w Cl) H E- W W O 1 1a-1 U H H o aa o o i z C-D (71 , Cu z H 1 O aC� aN W U O ; o H O oo O FC . O H I H o Ei I H w W O a H i z Ul N 1f1 O H MO) o O 0 F 01 ctrl ' H H W 1 F-I fY. W h , H A5 I (Y. H s i Ei W G1 R' m , Z z a0 M 0 1 W i i 0 U z Ga Q i W fz, h O 00H y , o a i i z a a I H CO �ro U 0 w H x Q Hx Z Oi i ; H El W A ' �� ' z z ' ' H Q I U) W v]z cEn 10 H z , O W 1 1U U H W '0� I I U V] 0 P4 mra U) � H x \ w , z�i 1 w uH � x H 0 I Ho NHa) a�W a W H NaH 0 014 F i oma HH `-I EEn \ U) , H U • , O C/)H W z V a h W HU H as 3 w NEw H �C a v) ao 4 0: H 00 CI) E U $a KC ' 3 E - , E -I W a I W cA I y H W , U FC O E� W HUH 't7 , kD W O'J Q>, mum ' � H CwH wa z E H 1 E H E�POer W u]q W Ey H , CJ Q O 0 m W H a e.r9 N UO W W W Q G H a Cx ' hmOI u C4 Q Q 04 v] U I MH pl , F. IV 0 W W,a H O M , a H P9 Q H W , vUUui z W CL Q I NEH. F4 El 1 x za i ra W H WW Hu] U) az H� E1w Qa wH ' tx xm z3 ® Page 426 of 940 CITY OF BOYNTON BEACH REQUEST FOR., o PURCHASE OVER $109000 Date: 7-Aug-18 Requesting Department: Stormwater Contact Person: Thorley Johnson Explanation for Purchase: Catch Basins for Stormwater Pipes throughout city. 701 NW 4th Street, Neptune Drive. Once PO is received will arrange for Delivery at 1 Mil Gallon Storage Tank. Recommended Vendor United Concrete Dollar Amount of Purchase $11,280.00 Source for Purchase (check and attach backup materials): Three Written Quotations F-1 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2824-536-46-44 Approvals: Department Head � -- Date Purchasing Agent Date Asst City Manager Date City Manager Date Id Form Revised 02/01/02 Page 427 of 940 QUEST FOR REQUISITION H.T.E.ENTRY DATE: 08/6/2018 H.T.E.REQUISITION# 71969 Clerk: MR i Procurement Asst• Director: City N na er(non bu eted ca ital or$5000+1 : REASON FOR PURCHASE: .. ___.._ _ - ..._.... Catch Basins for Stormwater Pipes throughout city. -- — ........--- _ - ....... _ _. 701 NW 41h Street, Neptune Drive. Once PO is received will arrange for Delivery at 1Mil Galon Storage Tank. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: United Concrete Products LLC Admin. ( ) Date: 08/6/2018 ASAP (x ) Address: 8351 NW 93rd Street Engineering ( ) Date Needed: 08/22/2018 Confirm. ( ) _ - _ _ Miami, FL 33166 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone(contact): Cheryl Correa Water Qual. ( ) QuotesNerbal ( ) E.Admin. 40 ( ) 305-885-8471 (over$500 - _ -- —. _ ) _.. Pumping ( ) Quotes/Written O E.WTP 41 ( ) (over $2000} Vendor Number: PWTreat. Bid Docs.� ( ) O W.WTP 42 ( ) Meter Serv. ( ) Sole Source Ltr. ( ) P/U 99 ( ) ...... — ( ------Insurance . - INITIATOR: Thorley Johnson, Sewage ( ) Special Instructions: Supervisor Stormwater Re uirements: APPROVED: Strmwtr. (X) Project Number: Quan Unit Priced Description &Part Number Fund Det Basic Elem Obj Amount 1 12 $940.00 24x37 Catch Basin with USF#4105-6224 401 2824 536 46 44 $11280.00 F/G i TOTAL 401 2824 536 46 44 $11,280.00 Page 428 of 940 The City of Boynton Beach Utilities Department 124 E.Woolbright Road Boynton Beach,Florida 33435 Phone(56-7)742-6400 FAX.(561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Catch Basins for Stormwater Pipes throughout city. 701 NW 4th Street, Neptune Drive. Once PO is received will arrange for Delivery at 1 Mil Gallon Stora2e Tank. VENDOR#1: United Concrete Products LLC DATE: 07/25/2018 CONTACT PERSON: Cheryl Correa PHONE NUMBER: 305-885-8471 QUOTE: $11280.00 VENDOR#2: US Concrete Products Corp. DATE: 07/30/2018 CONTACT PERSON: PHONE NUMBER: 954-973-0368 QUOTE: $13284.00 VENDOR #3: Concrete Products of PB, Inc DATE: 07/26/2018 CONTACT PERSON: Michael Lower PHONE NUMBER: 561-842-2743 QUOTE: $19,561.00 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 429 of 940 Quote#: 459000549-0 United ConcreteProducts LLC 8351 N.W.(DE BOGORY DRIVE)93RD STREET-_MIAMI,FLORIDA 33166 MANHOLES PHONE:(305)885-8471"FLA WATTS(800)325-6869 'FAX(305)887-6027 BARRIER WALLS LIFT STATIONS ELECTRICAL PUMP BOXES D.O.T.PRECAST INLETS AGRU'SUREGRIP'PROTECTIVE LINERS CUSTOM PRECAST FABRICATIONS ALL TYPES OF MUNICIPAL INLETS QUOTATION '& CONT CT Date: 25-Jul-2018 Customer: CITY OF BOYNTON BEACH TERMS: Address: 100 EAST BOYNTON BCH B City, State, Zip: BOYNTON'BEACH, FL 33425 OTHER: Phone: Mobile:( 1 - Fax: { ) Contact:REGINALD JONAS - Project Name: CITY OF BOYNTON BEACH b: Proj.Address: CATCH BASINS, BOYNTON BEACH_,FL U.S.P.Jo County: BROWARD -- - THE FOLLOWING ITEMS ARE PROPOSED TO BE FURNISHED AS DESCRIBED FROM INFORMATION TAKEN FROM Page 1 of 1 PLANS DATED:00/00/00 LAST REVISION DATED:00/00/00 Estimated, Quantity Item Description _ Extended - - Unit Price Total vTCH BASIN WITH USF#4105-6224 F/G _ - 12 24"X 37"CA 940.00 11,280.00 Payment terms net 30 days. - _ _.._. ..... Delivery Included Note:1)Cast iron products to be furnished unpainted. - 2)15%restocking fee charge on all stock items returned in good condition. TOTAL 11 $11,280.00 3)No returns of specialfty fabrieated items. THE ABOVE PRICES ARE F.O.B.JOBSITE LOCATION.MATERIALS ARE TO BE UNLOADED AND INSTALLED BY THE BUYER.SALES TAX.IF APPLICABLE,IS IN ADDITION TO ABOVE. PRICES ARE PREDICATED ON THE ENTIRE PURCHASE OF THE ORDER AS LISTED ABOVE PRICES ARE FIRM FOR 3D DAYS.FINAL ACCEPTANCE OF THIS CONTRACT IS THE THE A O VE. UPON THE FOLLOWING CONDITIONS:SIGNATURE BYADULYAUTHORIZED REpRESENTATNE OF THE BUYER OR ACCEPTANCE OF FIRST DELIVERY OF MATERIALTO THE JOBSITE. PAYMENT TERMS NET 30 DAYS. QUOTE!S G000 FOR 30 DAYS, QUOTESARE FOR FULL TRUCK LOADS. - Cheryl Correa Accepted on Behalf of Buyer Quoted By Title CITY OF BOYNTON BEACH Accepted on Behalf of Seller Company Name Title Date 6 See Attached Terms and Conditions Date Page 430 of 940 U.S. ncrete Products Cotporadon 1878 N.W.21st Street,Pompano Beach,Florida 33069 Tel: (954)973-0368 Fax: (954) 973-0394 Proposal and Purchase Order NO: US54099 To: CITY OF BOYNTON BEACH CN: 10438Date 7/30/2018 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 Job No: Terms: 30 Days Job Description: CATCH BASIN - CITY OF BOYNTON BEACH (12) Bid Date: 7/30/2018 We propose to furnish on the above job: Revised Quantity Description Unit Price Total 12 TYPE "C" C.B. W/USF 4155-6209 (1' SUMP) 1,107 13,284 (4 C.B. WITH 1811 HDPE & 10" HDPE) (4 C.B. WITH 15" HDPE & 10" HDPE) (4 C.B. WITH 12" HDPE & 10" HDPE) . PRICING GOOD FOR 30 DAYS FROM QUOTE DATE. ALL PE STAMPS/CALCS - BY OTHER. CONTRACTOR TO UNLOAD AT JOB SITE. Proposal Total 13,284 Proposal: US54099 CATCH BASIN-CITY OF BOYNTON BEACH(12) U.S.Concrete Products Corporation Page 1 of 2 Page 431 of 940 TERMS AND CONDITIONS OF SALE Any sale of goods is subject to the Limited Warranty and Remedies set forth below and USCP's other General terms and Conditions of Sale.Any contrary provision in any purchase order or other document of customer is rejected. LIMITED WARRANTIES AND REMEDIES USCP warrants that,at the time of delivery,the goods sold will conform to the applicable specifications set forth in the Quotation or other sales document by USCP.USCP,MAKES NO OTHER WARRANTY,EXPRESS OR IMPLIED,AND ALL OTHER WARRANTIES,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.If the goods fail to conform,at time of delivery,to this limited warranty,Buyer's sole and exclusive remedy and USCP's entire liability will be,at USCP's election,(i)the repair or replacement by USCP within a reasonable time of the non-conforming goods,f.o.b.USCP's plant,or(ii)the refund of the price paid for the non-conforming goods, and in either case only if USCP receives written notice of the defect or non-conformance within 30 days of the date of delivery of the non-conforming goods.USCP WILL NOT BE LIABLE FOR SPECIAL,INCIDENTAL,OR CONSEQUENTIAL DAMAGES.USCP's liability,whether under contract,in tort or otherwise shall not in any event exceed the price of the goods or portion of such goods on which such liability is based,and Buyer waives any claim for amounts in excess of that amount. The above prices are F.O.B.job-site and unloaded by your equipment. Sales tax is not included. Prices are predicated on our receiving the entire order as listed above and prices are firm for a period of 30 days. Company By: . ... --- ------ Accepted By: Title: _ Purchase Order Acceptance Date. __....... -- By.. _ ..... U.S.CONCRETE PRODUCTS CORPORATION Proposal: US54099 CATCH BASIN-CITY OF BOYNTON BEACH(12) U.S.Concrete Products Corporation Page 2 of 2 Page 432 of 940 QUOTATION/CONTRACT CONCRETE PRODUCTS No. 11101 OFTwe PALM®EACHES,INC. 460 Avenue S. Pa e: 1 Of 1 Riviera Beach,FL 33404 OFFICE FAX-561-842-6387 71118 OFFICE NO.-561-842-2743 JOB NO.: TO: JOB NAME: REVISED 7/26/18 CITY OF BOYNTON BEACH UTILITIES CITY OF BOYNTON BEACH 42" 124 E WOOLBRIGHT ROAD SQ. INLETS BOYNTON BEACH„ FL. 33435 ATTN:REGINALD JONAS,UTILITIES FIELD TECHNICIAN V Extended Quantity Item Description Unit Price Total 12 Type 42"Sq.Inlet w/Top Slab w/USF 4155-6210 w/12"Sump wl Eyebolt&Chain $1,579.00 $18,948.00 1 Type USF 4155-_6210 Frame&Grate ONLY $413.00 $413.00 1 Delivery Charge $200.00 $200.00 Inlets are priced w/6"WALLS and 4'in Depth Any Type of Baffle,Skimmer or Weir BY OTHERS Any Type of Painting or Coating BY OTHERS Inlets are priced on Sketchs provided by the City of Boynton Beach NOTES: TOTAL 1 $19,561.00 AUU I AX All Quotations/Proposals prices are good for 30 days.After 30 days,prices will be adjusted to reflect any increases in materials(Cement, Steel,Aggregates,castings,etc.) ACCEPTANCE OF PROPOSAL:The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. DATE OF ACCEPTANCE SIGNATURE QUOTED BY MICHAEL P.LOWEI Quotation/Proposal Page 433 of 940 Krasnoff, Leah From: Javier,Andrea Sent: Thursday,August 09, 2018 3:18 PM To: Roberts, Melissa; Krasnoff, Leah;Johnson,Thorley Subject: RE: req for United Concrete Products Good afternoon, As a general rule of thumb, a copy of vendors' Cols should be requested when vendors are selected after obtaining quotes; however,the scope of work determines the coverage requirements.That said, if the City is purchasing catch basins(meaning the catch basins are not yet"City property")that will be delivered,the vendor in this case will not be held to the same standards as vendors performing work on City property(i.e. list the City as certificate holder additional insured with respect to general liability and provide proof of workers' compensation). So to answer your question,a COI will not be required by Risk Management to move forward in this case. Andrea Javier, IPMA-CP Benefits Coordinator Human Resources and Risk Management City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6044 &3 JavierA@bbfl.us I 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. From: Roberts, Melissa Sent:Thursday,August 09, 2018 2:42 PM To: Krasnoff, Leah<KrasnoffL@bbfl.us>;Johnson,Thorley<JohnsonTh@bbfl.us>;Javier,Andrea<JavierA@bbfl.us> Subject: RE: req for United Concrete Products No need to mail the PO,once I get the PO I can give Thorley a copy and they can call them. Thank you Page 434 of 940 Melissa Roberts Administrative Associate Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, Florida 33435 r} 561-742-6451 RobertsMe@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 to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Krasnoff, Leah Sent:Thursday,August 09, 2018 2:35 PM To: Roberts, Melissa<RobertsMeEObbfl.us>;Johnson,Thorley<JohnsonThffi�bbfl us>;Javier,Andrea<JavierA bbfl.us> Subject: RE: req for United Concrete Products Ok, so I will not put an address on the PO. I will just note to call Thorley Johnson. What is his phone number to call? Do you want me to mail the PO or return it to you for special handling? If the vendor will be delivering it,then Risk has said in the past that we do need a COI. Andrea: Can you please confirm that we would need a COI to deliver catch basins? Leah Krasnoff Accounting Technician Financial Services City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 t. 561-742-6308 KrasnoffL@bbfl.us I http://www.boynton-beach.org/ Y yg 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. From: Roberts, Melissa Sent:Thursday,August 09,2018 2:29 PM 2 Page 435 of 940 To: Krasnoff, Leah <KrasnoffL@ bbfl us>;Johnson,Thorley<lohnsonTh a)bbfl.us> Subject: RE: req for United Concrete Products Once the PO is issued,Storm water Supervisor will contact United Concrete to arrange for delivery to be made at the 1Mil Ground storage tank. Do we need a COI for Delivery? No the addresses that were given are the first ones to get the catch basins at this time. Melissa Roberts Administrative Associate ,= Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6451 RobertsMe@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 to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Krasnoff, Leah Sent:Thursday,August 09,2018 2:25 PM To:Johnson,Thorley<JohnsonTh bbfl us>; Roberts, Melissa<RobertsMe bbfl.us> Subject: req for United Concrete Products Importance: High I have a few questions regarding this requisition: 1. Will United Concrete Products be delivering the catch Basins? 2. If so, has anyone asked the vendor for a COI? 3. Is the delivery address 701 NW 4th Street? Thank you, Leah Krasnoff Accounting Technician Financial Services City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6308 KrasnoffL@bbfl.us I http://www.boynton-beach.org/ 3 Page 436 of 940 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 besubject tupublic disclosure. 4 Page 437Of940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 181270 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/13/18 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. 72014 ORDERING DEPARTMENT: PW/FIN/LK • m ' DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 52116. 00 DL TEMPORARY BOYNTON BEACH P.D. 1.0000 52116.00 LOCATION @ 2045 HIGH RIDGE RD FURNISH SUPERVISION; LA MATERI�,45 .&- EQ.UIPMENI' TO PERFORM .THE FOLL{?WING SC0PE .OF WORK; *INSTALL 26.0 DRYWALL BOARDS *INSTALL 40' �/ P1ZE-HUNG DOORS' *>TAPE; & :SAND ALL WALLS WITH NEW DRYWALL .TME & PAINT ALL-NEW WALLS WITH PAINT *'PRIME & PAINT -NEW PRE BUNG DOORS *ROJECT TO TAKE 3-.4'WEEKS. PROPOSAL ';#'881& REMARKS: *EMERGENCY PURCHASE . .- TIME .IS OF THE :BSSEll' PROCUREMENT SERVICES: ®� ® P.O. TOTAL: 52116 . 00 ACCOUNT NO. PROJECT 001-1214-512 .49-17 TS2045 PURCHASING Page 438 of 940 W co I yH I r-I r•i 1 I x I cn r•1 W I 1 z I H m I I W 1 N 00 00 x 1 f� I F 0 0 F U i0 0 F F (.� W - Q � x I I H 0 1 to In "h O I I F Zi I \ w Q I x Wi i HF 1 W > I W H l<1 1 ` g H I I x a W A , w 1 I 1 O x N IWOUF I 1 IQ I tr I I I x I I 1 0 1 1 z f: f Q F i o o i j o qqg Z w I O O I I ow O U1 H H H W I N ri I I a I W I iX O a 1 i � .w 1 Q FHI o a 000 I ru 10, Z HO 1 O a 000 I -r1 O W H U 1 O F O O O O : 0 Z 000 N �°, I O H • • • I H I- W H F F WNM Ln ye 0 F O ; H r-I 0 O I F •r1 0 U O W N I z w ri0 W x I a I OH N r-I 0D O O H 0 Rj 1 F Ct 11 I ^L v Cl) x H 00 I H x i x N W w ori N E I a 0 o U ul s.) F z ow v 0 1 Q 01 I I W v1 rd z O I x I I W z 0z O N Q x aw H � o . z wHa 0 H w�px a H H U En 0 0 H H A I ri I 1 x O Fx z QI N IF F 01 D4 W W Ix Q z a > Z l 1 H H Q I 0 W W I F I H z 0 H E+coq M � W U z HW H U OH 04 1 W I x w az U)a a o w0 3 C U� a H 3 aP' FU I IXF-4Qxw I z I wo F f41 w FW wwzo w ixFz 1 a xz A U I p0 0 El)A UUcnoxlgo • 5 i UU N w 1 wwQQFa r!] x 1 xx a� o ; x ozozw wo i W W ul a z 3t lowaz zH oo aNi z U w U I ml)Czm ap HU H H W1 FQ w a ax zx HO a aw of 0 CJ)w>4 a I r Z M H w a N I F WH x l o .4 z z I m •• 0 zo >wQ��C=0000 �r w 1 YHQ xx + zZ r-gUU I N F m OH WHO AHH 0 I r-I W O z 1 Wx 04 ioOzg4Ooo •. •• in W H O I bENv1 p+04F=wY+Q 1 El Lon E Cu z F H I >4 x w x w F O r-I HO U a I H Oaa 1x 0p a HE 1 �7N O •r1 M r-414 I,,]IS u 4 Q E 1 O ri U •!-I H a0 a . Ox rw,wNE-1wxxh0x° Uo z w U I N zWwwWHHOL4EWpq 40 0 H O w1 Ew ryf.� zz4r4xNoo H } Q F W I WO 70HHFRIC4C404Uw F U O< QI FN WF* i xx xW w z al x x l r1 W H 0 M z w o a� w az 1 I x w Page 439 of 940 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 10,000 Date: 8/13/2018 Requesting Department: Public WorkafFacllities Contact Person: Gail Mootz Explanation for Purcha : Facilities staff is currently working on completing the build out of temporary locations for City Hail, Library and Police Department. Due to the schedule deadlines staff Is seeking proposals for interior finishing of the Temporary Police Location. Time Is of the essence in order for the temp move to be completed. Recommended Vendor Anzco Dollar Amount of Purchase 52,198.00 Sourcefor Purchase(check and attach up materials): Three Written Quotations GSA State Contract PRJDEIRESPECT SNAPS Sale Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number. NOTE: Prldnq Proposal for purchase mutt be presented In the some deld contained witldnn the oonbea Fund Source for Purchase: 001-1214-512-49-17, Project TS2045 Approvals: 17 r' r"I Department Head � Imo `" Date Date Purchasing Agent �� Asst City Manager Date City Manager Date 3 Farm Revised t>ti01l02 Page 440 of 940 DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 18-010 TO: Lori LaVerriere, City Manager FROM: Gail M. Mootz, Project Supervisor THROUGH: Andrew Mack, P.E., Director Public Works & Engineering , ' DATE: August 10, 2018 SUBJECT: Town Square — Bid Breakdown Local Business Preference Request Facilities staff is currently working on completing the build out of temporary locations for City Hall, Library, and Police Department. Due to the schedule deadlines staff is seeking proposals for the interior finishing of the Temporary Police Department Location. Quotes from 3 vendors have been obtained,with the following scope of work(30,400 sq.ft.). Install 260 drywall boards; install 40+/-pre hung doors;tape and sand all walls with new drywall; prime and paint all new walls with paint; prime and paint new pre-hung doors. *The quotes were based on 40 doors with an amount for each door over 40,this amount could change.This project is expected to take 3-4 weeks(15-20 working days.) Anzco-$52,116.00 2. Benchmark Painting&Carpentry-$91,082.00* (LOCAL) 3. Hartzel Painting-$ 118,405.00* Per policy 10.16.01 (E)of the City of Boynton Beach Administrative Policy Manual it states: "The City Manager or City Commission may decide to allow a project that would normally be competitively bid as a whole to be broken into segments in order to provide opportunities for local vendors." At your earliest convenience please execute below authorizing staff to proceed with breakdown of the bids under your authority per the above referenced Administrative Policy Manual. If you have any questions or would like to discuss the request further, please give me a call at 561.742.6201. Approval: Lori LaVerriere Date City Manager CC: Colin Groff,Assistant City Manager Tim Howard,Assistant City Manager Page 441 of 940 REQUEST FOR OFFICE ASSISTANCE •FROM Data: j 0 *PRIORITY/DATE NEEDED BY: 13 Copy Work - Number of Copies,; „ ids /Collowd&Stapled/ the tranacription /emall t 13 is Dirc e - Vendor or Pwon to be reimburu,4: Account Number. Proje6t No.: Request for q v4ndor. Number.Account Pnod No.:, t.l t Items w/GiminOks & UnIt C", onthvb&cp • Verbal $1,999): Vendor. C46t Vendor • n Quota( $9,999.99)-AftacW. a Written Quotas i1 , r$10,000 Form—AftwW. (Over ): Bid# (Over ): -Afteelved. 0 OTHER: Special Ins-trcctlo ;. a Planae sign Page 442 of 940 r ANZCO 9671 Carousel Clyde South Bock Raton,FL 33434 Phone:561 22 Fax:9 32-2426 rd:7S4-222-N97 Proposal Date:8/8/18 Revised 8/10/18 Proposal o.: 1 City of Boynton Beach 100 E.Atlantic Boynton Beach,Fl. Attention:Gail Mootz Reference: Dear Gail, We pose to furnish supervision, labor,materials and equipment to perform the following sce of work: Priceon 950 boards— ' -30,400 SF 1. Taping and sanding boards. Material by Boynton Beach. . Furnish and Install level 4 knockdown. . Prime and final coat all drywall.. . Includes protection of floors. S. Includes knockdown material and paint furnished byAnzco. Total $37,696.00 Prime n nal cost of wood doors 40ea 04 / a$6,OW.00 *Unit price per each door. Install 260 piecesII $4g,420.00 Page 443 of 940 Install 40 doors and frames 0 $1 r= .. Electric and water by Boynton. rt � r I r ' Total schedule r NTP. If you have any questions please do not hesitate to call. Sincerely yours, John B.Zak Page 444 of 940 Gall peon Martin DeVincenti < rtin nchmark intin .co > Sent Friday,August 10,2018 3:38 PM : Mootr,Gail jarred@benchmarkpainting.com bj e:Request for Quote 5 High Ridge Road) See answeTs belowe with any quesfions. lbank youl Martin President 432 W. Boyntonc I ,Boynton Beach, FL 33435 Office: 561- 7 -331 l: 561-424-114 4 BEW.-d%HMARK PAINTING & CARPENT AMS On Fri,Aug 10,201 2:12 PK Mootz,Gail< b us> . Afternoon Martin and Jmavd Pleam pzovxk pnomg for the followingAms: 1 Page 445 of 940 MM Qz PWw band on 950 —4'-0 X V-8-30,400 SF 1) TWhq and undigg ofbw&Afafthd by BOYHOR 2)Furnkh and hwaff kwd 4 knoaWwn. Costfor l 2 2,�"O r O X Apply lmockdown far the 960 boardsi0 ,7 d is not Included in the$32J86.00 above 3)Prime 4)indudopubcdon Offloors. 5)Indudes knoddown ma&W andpaintfurnMedS &Swff POWO. C for 3-S S, I 260 SM $19,5 r Apply lmockdown for the 2 $i is not Included in the$19above Prime and t the 260 boards including the paint i ,576. 1wstaff 46prr4umg wood doom 5OLC�OOW-00 •H oAff. r 662.00 Prime 4 coat on r8 Q I, •Unit riee c . MeMe and waur xVVW by Boyntom Page 446 of 940 Totd 4- afAw NTA Gall Mootz Project u is r Public Works, Facilities Maintenance City of Boynton Beach n 1 ri3435 too 561-742-6223 o z flus h t -// w. o nto ach® r / 11 W; America's Gateway to the Gulfstream Please be advised that Florida has a broadpublic records and all correspondence t viae ail may be subject to dIsclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication a your e- it address y be subjectpublic disclosure. Page 447 of 940 Ot 954957-9761 R 954-9S7-9766 - - Paindn by Ha Y,Inc. 2301 NW 33rd Court,Suite 112 Pompano Beach,R.33069 • • • s • 0 0 a 0air. • • • ► • Auguift 10,2018 PAINTINGKNOCKDOWN & City-of Boynton BaCh 222 NE P Avenue s Boynton Beach,Ft 33436 2045 High RUp Road Phone 1)7424M Boymon Back R Ernall:A7TN:Gall ill AGQPI FKI Pdw bmd an 950 bow*—,V-0O ' 1w3 F 1) Taping and sandingof boards.Material by Bopft Beach. 2) Fumish and Install lovel 4 knockdown. 3) Prime and final all drywall. 4) Includes protedon of floors. s) Includes kwMown material and point fumWW by Shwwln Williams(Tuff Surrace&Super nt). Total Cost fbr above_$95,095.00Deas— Installd Y boards $41.6fts e$10,7 N 40 pro-hung wood d r$C $195MIS6$7,800.00 Hanhwre to be Installed by other. Prime final coat on 40 wood doors @ $1 118.0ba= ____ �- Unit price per each door. Eleft and water supplied by ,oo boog ssi s Total sdWule3-5 weeks oW NTP. GON011 N Hartzell will supply all materials, tools, " equipiment necessary for the cleaning, preparation, sealing and paldng of all . HaW will use the utmost In the protection of the Client m paint aWor any oftr damage that might be mused during moblization. Haftell will be responsible for the rectification of any such damage and for ft cleanup InmW In the work outfirodIn this specificallon. BROWARD PALM BEACH CBC 125M MiAMWADE MARTIN 201-P U-16217 £ u liew SP02551 Page 448 of 940 City of Boynton Beach—2045 High Ridge Road KNOCKDOWN&PAINTING 06.10.2018 Page Labor. Hartzell will have a qualified foremen on the job at all Imes to ensure quality of work.This foreman will supervise work fame and the ratificatbn of any d (If any).All Is to be done Ina professional workmanlike manner by sidiled meeMnIcs. wID be delivered in such a way to minimize the Inconvenience to the residents arxft unit owners. It Is understood by both parties of this agreement that Hartzell, Its qwts,etc.are not employees of tie Assocleft Client. Hartzell compiles with OSHA and the Constniction Safety Act and Is a drug-free work place. Insurance to . Upon request Hartzell will furnish suitable Insurance covering liability and p e naming Client addifionely Insured,Proof of n's Compensation coverage will be available. Policies shall be kept In tome during of the service period. Hartzell shall further provide id and requiredto operate In the approprlo county ofbeing This proposal is suW to acceptance within thirty( )days and Is void therealter at to option of Hartzell. IBM The term'Final as used M this Agrearned shall mean where the Assodstlon Client Is samed tat to work has been completed.anyapplicift munIcIpailly has given Its final approval,and HarWs otherobligetions been fulfir . AN paynwnts for goods and sarvkm mridered are due upon receipt of i s). Any Invoice not paid within thirty(30) days.shall be su to Interest at 1,25%per month. Deliquent soeounts,those not paid In forty ( ,that are sent to legal collectim will require the Association Chant to pay k9al,Worney and paralegal fees In addition b amount due and Interest. In addition,legal disputes under this contract of work will be filed with to Browaid County Court Systern.Prievailing party of any litigation will be eligible to recoup court costs,medletlon few,legal&paralegal fees and any ottw fees related to the claim. This Agmernent between Qft gf logmaeachI Painting Contractors Is accepted and agreed upon this -day of 2018. City of ch Roof PaInUng by Hutwil,Inc. By: Project Manager l Leo Cftmub Page 449 of 940 Howard, Tim - -From: Mack,Andrew Sent: Friday,August 10, 2018 4:43 PM To: Howard,Tim Cc: Krasnoff, Leah Subject: Fwd:2045 High Ridge Attachments: image875484.png;ATTO0001.htm; image587526.png;ATT00002.htm; image865131.png; ATT00003.htm; image710641.png;ATT00004.htm; image139316.png;ATT00005.htm; image251167.png;ATT00006.htm; 18-010 Facilites-Town Square Temp Locations 2045.doc;ATT00007.htm; 18-010 Facilites-Town Square Temp Locations 2045 QUOTES.pdf,ATT00008.htm Can you expedite this for early next week. Sent from my iPhone Andrew Mack, P.E., CBO, LEED AP Director of Public Works& Engineering Public Works City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 f 561-742-6201 jr;,, 561-742-6211 MackA@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 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. Begin forwarded message: From:"Mootz,Gail' <MootzG@bbfl.us> Date:August 10, 2018 at 4:36:19 PM EDT To: "Mack,Andrew"<MackA@bbfl._us> Cc: "Slocombe,Anderson"<SlocombeA@bbfl.us> Subject:2045 High Ridge Andrew, All quotes received, here is the memo along with the quotes,can you walk this through? Let me know if you need anything else. Thanks Gail 1 Page 450 of 940 jll Gail Mootz Project Supervisor Public Works, Facilities Maintenance City of Boynton Beach 222 N.E.9th Ave. Boynton Beach, Florida 33435 2 Page 451 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX P.O. #: 181272 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 08/13/18 VENDOR 8267 SHIP TO: TO: CI TECHNOLOGIES, INC. City of Boynton Beach PO BOX 534 POLICE DEPARTMENT TOWNSEND, MA 01469-0534 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: . .® a ®•r�° DATE NEEDED: BID NO: 7 COMMISSION APPROVED: f EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1.00 EA IAPRO PROFESSIONAL STANDARDS 10000. 0000 10000. 00 SOFTWARE -Unlimited number of -users -Installation; -Pre-Load-of 7e:mploy'ee zraformat;ion. 2 2000.00 DL 3 DAYS. ON SITE''.TR_AIN1.W :. 1.0000 2000. 00 -IAPro User. trainiftg -System Configuration with Core users: 3 1.00 EA BLUETEAM FIELD SUPPORT .WEB; 700:0000 7000. 00 APPLICATION IUnlimited number of user's: Installation Not Requires;purcha e .of IAPro sof itware 4 1500 .. 00 DD: 2DAYS : ON-SITE .TRAIN:ING. l OQ;00 1500. 00 IAPro User Training . system Corif:agurat�on with :core users REMARKS:. . . INTERNAL AFFAIRS TRACKING SOFTWARE: SOLE SOURCE VENDOR DO 110 MATT: PO - P D- '. WTLL SEND TO VENDOP PROCUREMENT SERVICES: ` , P.O. TOTAL: 20500.00 ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 452 of 940 PURCHASE ORDER FLORIDACITY OF BOYNTON BEACH, PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 181272 BOYNTON BEACH, BF®ORIDA 33425-0310 DATE: 08/13/18 VENDOR 8267 SHIP TO: TO: CI TECHNOLOGIES, INC. City of Boynton Beach PO BOX 534 POLICE DEPARTMENT TOWNSEND, MA 01469-0534 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ******************************************************************** * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ------------------------- ----------------------- REQ/ACCT DATE REQ BY PROJECT AMOUNT ----------------- --- - -- -:- .7---------------------- 0000071964 08/06/18` POLICE -. 15500. 00 00121115216414 0000071964 08/06/18 POLICE 5000. 00 00121125216414 PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. 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I JJ -rl I � b W W 1 f•1 U U I k4 4.1 H H 1 N a a I J-1 S4 O O 1 4J O a C4 1 •• N w I V] H I H >+ z I z kJ cU R1 O 1 W O O H 1 x rd C z H I 2: 1:3 O ri > X p O 1 H a z N H O OH � Q) H 1 E-1 �J ? W0 rd f4 i M M P 1 W O ri 1 tx cn r•C Page 457 of 940 CITY OF BOYNTON BEACH 4 � REQUEST FOR PURCHASE OVER 10,000 Date: 8/6/2018 Requesting Department: POLICE Contact Person: CAPTAIN ZELLER Explanation for Purchase: INTERNAL AFFAIRS TRACKING SOFTWARE �n n Recommended Vendor ino � Dollar Amount of Purchase 20500 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source 0 Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2111-521-64-14: $15,500 001-2112-521-64-14: $ 5,000 P , Approvals: kvr Department Hea§ � . , Date r - Cc�f Purchasing Agent Date 3 Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 458 of 940 IAPRO The Leading Police Integrity Software Worldwide August 3, 2018 Boynton Beach Police Department Captain Matthew Zeller Email Address: Zellerm@bbfl,us Captain Zeller, Thank you for your interest in our IAPro software for use by the Boynton Beach Police Department. I have prepared the below price quote covering the costs associated with implementing IAPro and BlueTeam at your agency. If you have any questions on this, please let me know. IAPro Price Quote _ IemPur`chase costs IAPro Professional Standards software • Unlimited number of users • Installation • Pre Load of employee information $ 10,000.00 __.n. 3 Days On-Site Training • IAPro User training • System Configuration with core users $ 2,000.00 Travel Expenses for Trainer $ Included Total for IAPro Software and Services $ 12,000.00 �. Optional.Items BlueTeam Field Support Web application • Unlimited number of users • Installation Note Requires purchase of IAPro software- $ 7,000.00 a 2 Days On-Site Training • IAPro User training System Configuration with core users j $ 1,500.00 Travel Expenses for-Trainery_ $ Included u. Total with Optional BlueTeam software $ 20,500.00 _........ . . ....u.w.... , _.__... Mailing Address/Remit Address:P.O.Box 534•Townsend,MA 01469-0534•USA Toll Free:(800)620-8504 Fax:800.620.8504 Web:www.ianro.com Cl Technologies Inc.is the Sole Source Provider of the IAPro and BlueTeam Software Page 459 of 940 The Leading Police Integrity Software Worldwide Annual,Maintenance Commenting the 24 'Year of ownership _ . w I IAPro $ 2,000.00 BlueTeam $ 1400.00 Maintenance Totals ... .x.$ 3,400.00 Annual Maintenance The first year of annual maintenance is provided free of charge. Thereafter annual maintenance is provided on a year-to-year basis and can be discontinued at anytime. The agency's annual maintenance cycle will not commence until training occurs.The first twelve (12) months of annual maintenance is provided free of charge. Unless requested otherwise by the agency,the first maintenance invoice will be prorated to bring the agency's invoice cycle up to a January thru December calendar year. Thereafter, annual maintenance is invoiced on a calendar year basis, and will be disseminated each year in January. Annual maintenance includes all end user and technical support via our 800 # and our online support website as well as any associated technical or user documentation. Annual maintenance also includes all new versions of the IAPro software and if purchased BlueTeam. Important Note The purchase of the IAPro system does not include hardware, OS licensing or SQL Server licensing. Most agencies that purchase IAPro have an existing server with existing Microsoft SQL Server licensing. IAPro can be installed on your existing hardware and within your existing SQL Server instance. BlueTeam Field Support Service application The BlueTeam Field Support Service application is an adjunct application that is used by some IAPro customers. It is designed for entry of use-of-force,complaint,vehicle accident and pursuit incident types by field and supervisory level personnel. It supports the review and approval process with routing up the chain of command. *Note:BlueTeam software is a separate and additional cost. Officer Preload Cl Technologies offers a free service whereby we will import your employee HR information into the IAPro database, prior to installing IAPro at your agency. This is a one-time service offered at no additional cost. Mailing Address/Remit Address:P.O.Box 534•Townsend,MA 01469-0534•USA Toll Free:(800)620-8504 Fax:800.620.8504 Web:www.iapro.com CI Technologies Inc.is the Sole Source Provider of the IAPro and BlueTeam Software Page 460 of 940 IAPRO The Leading Police Integrity Software Worldwide Training IAPro training is conducted by an IAPro training specialists...each IAPro training specialist is a current or former law enforcement Detective with extensive investigative experience. IAPro training is heavily oriented towards hands-on usage. To this end,a special"training" version of IAPro is installed on each workstation used for training. This is a full-featured version of IAPro with demo/training database installed on the workstation hard drive. It is strongly recommended that there be one trainee per training workstation. An LCD projector is also needed for training. If the optional BlueTeam software is purchased, training is typically coordinated subsequent to the IAPro training to allow agency staff ample time to become familiar with IAPro prior to deploying BlueTeam for agency wide use. Considerations Regarding our Solution Four aspects of our solution are distinctive, and set us apart from our competitors.They are: • Unlimited use licensing — there are no additional or hidden additional licensing costs; IAPro and BlueTeam pricing is for unlimited use licensing in terms of both the number of users that can run the software concurrently, and the number of workstations the applications can be run on. Our pricing model ensures maximum flexibility for the customer, with all licensing costs paid at point of initial purchase. The customers will never have to purchase additional licensing based on increased or unforeseen future usage requirements. This is important since the participation of front-line personnel — especially supervisors — is crucial in upholding the integrity of the organization, and to constrain their use of the software would greatly limit, if not cripple, its effectiveness. • A three-day annual user's conference is offered to our customers: Each year since 2004, Cl Technologies has hosted an Annual Users Conference for our IAPro and BlueTeam customers. Our most recent conference, held in St. Petersburg, FL. saw over 450 attendees. Each conference consists of a multi-track format that, includes tracks for beginner-level users, advanced users, and users with specialized interests such as designing early intervention programs.The 2018 conference will be held in San Diego,CA. Please visit our website for further details. These conferences are a key part of the support services offered to our customers, and meet the following needs: o Training of new customer staff based on turnover-inevitably overtime our customers will experience turnover in staff, which requires that training be available on an ongoing basis. Mailing Address/Remit Address:P.O.Box 534•Townsend,MA 01469-0534•USA Toll Free:(800)620-8504 Fax:800.620.8504 Web:www.iapro.com Cl Technologies Inc.is the Sole Source Provider of the IAPro and BlueTeam Software Page 461 of 940 IAPRO The Leading Police Integrity Software Worldwide o Advanced training - Many customers benefit from advanced training, especially in- depth coverage of features found in new releases of the software. o Networking with peers - In order to share ideas and approaches to utilizing our software. o Providing feedback directly to the vendor's staff - The opportunity to provide feedback and suggestions directly to our staff is highly valuable to both our customers and our company. This ensures that we have up-to-date information on how best to improve our software and services. • Our Growing_Customer Base:Over 750 public safety agencies in the US,Canada,Australia and New Zealand currently run IAPro and IAPro with BlueTeam. These agencies range in size from major customers such as NYPD,Toronto Police Service, and Western Australia Police,down to one person IA Units in smaller departments.The size and breadth of our customer base reflects our leading position in the Professional Standards software marketplace. *Pricing Notes: The pricing outlined in this quote is based upon the following assumptions: • Pricing is based upon a sole source purchase option with Cl Technologies. • This pricing will remain in effect until the expiration date listed below provided the agency intends to purchase without the issuance of a bid or RFP. • The agency intends to purchase without utilizing a third party vendor or re-seller. • CI Technologies often works with third party vendors such as SNI,ANS,BuyVet and Dell for agencies who are required to purchase through a third party re-seller. If our software is purchased in this manner the agency may be responsible for the additional re-seller fees. Purchase Orders Training and installation are scheduled on a first-come-first-served basis. Due to our current sales backlog, we request to be notified as soon as possible once a purchase decision has been made. Please be sure to fax any purchase orders to us at 800.620.8504 for expeditious handling of your order. This price quote will remain in-effect through December, 2018. Please call or email if you need additional information or have any questions.Thank you again for your interest and consideration! Best Regards, Mailing Address/Remit Address:P.O.Box 534•Townsend,MA 01469-0534•USA Toll Free:(800)620-8504 Fax:800.620.8504 Web:www.ia ren Cl Technologies Inc.is the Sole Source Provider of the IAPro and BlueTeam Software Page 462 of 940 The Leading Police Integrity Software Worldwide r o Timothy Conner tconneriapro.com Off: 1.800.620.8504 x707 Mailing Address/Remit Address:P.O.Box 534•Townsend,MA 01469-0534•USA Toll Free:(800)620-8504 Fax:800.620.6504 Web:www.ial2ro.com CI Technologies Inc.is the Sole Source Provider of the IAPro and BlueTeam Software Page 463 of 940 L N 1;i;,, � �3 /W` /�/�/ URIC al�� s�- { �1U` L ' F_ CD mr 0 .2 W M n u t�tt�t M1l�t ����'tti�t; c NMI ' IL F s ix k ii fP; Ott( g� _ �.. .{ s ��aY 1�Y IN-am; '�S l t� rt t A} t WIT",r`" (1 owl "WIN I VMS1;f ; ry E ._2 :7 u � A } u w R, 4 i I J ¢ i i I I k M I i y & s' dd E SSS 6 � g � s Page 465 of 940 E 0 V E O H 4) m i I � a •y 6 ® + i O -4 .. O L W ® + O , N O O 00 1 i V • E 1 a) m o D O s] O :� 1 O ' 1 O � + 1 + (] O E L • w E � • m 3 3 A 0 U) a) Mod 4� C o LL { i 0 IAPRO ANDBLUETEAM Sole Source Statement - Summer 2018 CI Technologies, Inc. of St. Augustine, Florida is the sole source vendor of IAPro internal affairs/professional standards unit software and BlueTeam adjunct software product. IAPro and BlueTeam have been created by Cl Technologies and can only be purchased directly from Cl Technologies. In addition, Cl Technologies is the sole source provider of technical support for both IAPro and BlueTeam. BlueTeam is an adjunct application that works with IAPro. Due to the shared database and drop-down fields; BlueTeam is the only web-enabled application that IAPro integrates with to allow our customers a web-enabled point of entry for field level officers. Cl Technologies is constantly keeping aware of software applications that compete with IAPro and BlueTeam, their feature sets, and their customer bases. Many of the features and capabilities of IAPro and BlueTeam are to our knowledge not shared by any other competing internal affairs unit software product. These include, but are not limited to: • A unique two-application solution. IAPro:designed for daily use by OPS/IA Units, and BlueTeam: Designed for use by front-line officers and supervisors with minimal or no training necessary. • IAPro and BlueTeam pricing is for unlimited use licensing in terms of both the number of users that can run the software concurrently, and the number of workstations the applications can be run on. Our pricing model ensures maximum flexibility for the customer, with all licensing costs paid at point of initial purchase. The customers will never have to purchase additional licensing based on increased or unforeseen future usage requirements.This is important since the participation of front-line personnel— especially supervisors—is crucial in upholding the integrity of the organization,and to constrain their use of the software would greatly limit, if not cripple, its effectiveness. • Annual maintenance includes provision of all upgrades including when IAPro, technical and end-user support services provided via phone and e-mail in a timely manner during the period it is in-effect. Remittance Address: P.O. Box 534 •Townsend, MA 01469-0534• USA Cl Technologies Inc.is the Sole Source Provider of the IAPro and BlueTeam Software Web:www.iat-�ro.com Page 467 of 940 • IAPro has an "Outlook-style" interface that's familiar to many computer users • BlueTeam supports entry and management of use-of-farce, accident, pursuit and user-defined incidents from the field • BlueTeam includes routing of incidents via the chain of command with review and approval functions • BlueTeam include features that integrate with departmental e-mail so that supervisors are notified via e-mail of new incidents that have been routed to them for review and approval. • BlueTeam also features the Incident management dashboard for higher-level supervisors in the field. This allows for better management and assignment of incidents incoming into BlueTeam from IAPro. • Comprehensive snapshot storage of officer profile at time of incident • Standard alert Identification of early intervention candidates is comprehensively supported. IAPro supports early intervention further by allowing alerts on specific types of force used (for use-of-force incidents) as well as by individual allegations within complaints as well. • Early intervention features also include advanced alert overrides based on involved officer assignment, use-of-force alerts, allegation alerts, monitored officer alert, supervisory alerts, organizational component alert and peer-group analysis. • Early Intervention analytics features provide quick and accurate visibility of trends and identification of out-of-standard employee and organizational areas. A variety of report and grid interfaces supplement IAPro's alert functionality to allow in-depth analysis: Peer-group analysis by organizational unit, Incident frequency analysis by organizational unit, Top-percentile analysis and Activity vs. incidents analysis (necessitates an interface with customers' activity data) • Word template integration, with over 120 bookmarks for automatic form and document creation. • An unlimited number of files of any type—such as audio, image, PDF, MS Word, etc. - -can be linked to each incident in both IAPro and BlueTeam. • CALEA requirements; Separate reports, each meeting a specific CALEA guideline/requirement, including: o Complaints received o Annual Evaluation of Early Warning System o Annual Record of all complaints Maintained o Annual Summary of Complaint Allegations o Time Frame for Completion of Case o Summary of UOF Complaints o Complaints of Unreasonable Force Findings o Documented Analysis of Remittance Address: P.O. Box 534 •Townsend, MA 01469-0534 • USA Cl Technologies Inc.is the Sole Source Provider of the IAPro and BlueTeam Software Web:www.iafro.corn Page 468 of 940 Use of Force Reports o Biased Based Policing Statistics Report o Annual Evaluation of Early Warning System - Detailed • IAPro and BlueTeam allow our customers to meet over 35 different accreditation standards relating to complaint monitoring, use of force reporting, pursuits, firearm discharge reporting and Early Intervention. • Export of most reports'and early intervention interfaces'data directly to MS Excel by simply clicking on a button. • Ability to track hearings and appearances. This feature enables the ability to track hearings,such as Laudermill and/or appeals. • Ability to track public records requests to include, California pitches motions or any other public disclosure. • Ability for departments to track two unique addresses for employees (home and work), separate phone numbers (home and work) along with social security numbers for mandated state reporting requirements. • Documents recoverable costs (from CA State Attorney General Office) for cases with recoverable activities by Department personnel. A case's linked tasks include capture of time spent in hours and minutes, along with recoverable indicator. Associated reports list tasks and roll up time spent by case for cases handled during a time period. • Correctional Features-A range of features for correctional customers, including: o Correctional mode setting that activates related features for correctional customers. o Correctional customers can configure the facilities breakout nomenclature (region, cellblock, pod, etc.) that reflects their needs. This results in system screens and reports that reflect each customer's specific nomenclature. o Ability to track information on current facility and location of each inmate with that information saved each time that inmate is linked as an involved party to an incident. This enables reporting and statistical analysis of where within the customer's facilities complaints, uses of force, and other incidents are occurring. o Addition of a user-defined inmate number fields so that involved inmates are positively identified. o Ability to link one or more charges and their dispositions to each involved inmate, in order to better handle complaints against inmates o Charge disposition is included with the citizen/inmate linked charge record so that each charge's disposition can be tracked and reported on o Special icon to identify inmates as distinct from other involved parties o Ability to track and report on statistics for Conductive Energy Devices (seen below) Remittance Address: P.O. Box 534•Townsend, MA 01469-0534 • USA Cl Technologies Inc.is the Sole Source Provider of the IAPro and BlueTeom Software Web:www.ionro.com Page 469 of 940 o BlueTeam includes a "clickable" body image for capture of force contact points and injuries in a user-friendly manner similar to many paper report formats (see below screen) Add Force Ummtry Surgeank Brent FapphAt Ad®r®,a.U." FRONT' OACK wv „n imitM , .3 1. c:as:s s+ cs'a-itiii } IV }} 77 f AaFe sled ._•.� t`. �. - �.� 3..^l ?'P6Meu kN h;rp? i • Intelligent quality assurance (QA) features that notify users of incomplete entry of incident data. This important feature helps to ensure entry of all data needed to feel statistical reports and charts, and is particularly helpful for new users. • Access/security control with multi-level access screening, feature access control, and advance read/write access control by user or unit. • Meets US Federal Government guidelines for strong password security including: + A password minimum length can be configured ♦ Passwords are stored encrypted in the database ♦ Specify passwords contains one or more lower case character ♦ Specify passwords contains one or more upper case character ♦ Specify passwords contains one or more numeric character ♦ Specify passwords contains one or more special non-alphanumeric character ♦ Password re-use detection and limit so that a previously used-password cannot be re-used ♦ User accounts are locked out after a specified number of unsuccessful logon attempts ♦ LDAP/Active Directory login/password integration • Case management with visual drill-down capability using a Windows Explorer—style interface. Remittance Address: P.O. Box 534 •Townsend, MA 01469-0534• USA Cl Technologies Inc.is the Sole Source Provider of the IAPro and BlueTeam Software Web:www.ia ro.cam Page 470 of 940 • Reminders of overdue and approaching overdue status incidents and investigative tasks at user login. • Automatic creation and assignment of due dates and investigative tasks when each incident is initially entered, based on parameters set by the administrator. • Pseudo-e-mail "Mailbox"feature within IAPro provide fully-secure capability to route incidents among users. Notification of un-read mail is provided at login to the system administrator, so that mail that is overdue to be reviewed and handled can be managed. • Purge features built based on California customers' needs: Incident level and officer/incident level purge features include purge log, purge hold-back (when involved officer has pending disciplinary or complaint issue), and retention of data utilized in statistical reporting. IMPORTANT NEW FEATURES IN IAPRO VERSION 7/BLUETEAM VERSION 5 • Linked files functionality enhanced with linked URLs to support access to cloudstored body worn and in-car camera videos • Expanded Vehicle Accident Data to allow detailed data capture for up to four vehicles • Body Warn Camera tracking and reporting functionality • Access, manage and rename IAPro specific incident types such as Use of force, Accidents or Stops. • Specialized vehicle and pedestrian Stop module that meets requirements of US DOJ monitor for Seattle PD and Cleveland PD. • Specialized Show of Force incident type to track instances where force may be displayed but not deployed. • Specialized K9 utilization incident type to track deployment of a K9 with related bite statistics module. • Specialized data elements to identify citizens in crisis during incident, homeless, primary language other than English and enhanced sex/gender identification. • Optional Critical Incident Tab which can be configured for one of more incident types to allow Crisis Intervention Information Tracking. • New BlueTeam dashboard to support monitoring of incoming use-of-force, pursuit and other critical incidents. • BlueTeam Allegation feature allows allegations to be visible on one of more incident types as well as a recommend finding. • Officer and Citizen Roles will now display in BlueTeam to capture key details such as third party, primary involved,juvenile, first responder or supervisor responding. Remittance Address: P.O. Box 534 •Townsend, MA 01469-0534• USA Cl Technologies Inc.is the Sole Source Provider of the IAPro and BlueTeam Software Web:www.iat:ro:com Page 471 of 940 • Bifurcated incident types (such as various levels of use of force) as requested by Seattle Police Department to support appropriate response to incidents based on key factors such as severity of injury to involved parties • Ability to use any of the three industry-standard database engines: Microsoft SQLServer, Oracle or IBM DB2. • Specific features for organizations that have a separate unit from IA/PSLI that tracks and records discipline into the system. • California-specific features including response to Pitchess Motion officer history print- out, incident-level purge with purge date maintenance features, vehicle pursuit data elements accommodate information of CHP reporting form, and time/effort tacking for case investigation costs reimbursement from State of California DOJ. • We also offer customers local user symposiums across the customer base and an annual user conference. Our 2017 conference in Florida saw over 500 attendees. Our upcoming 14th annual conference in San Diego will host 4 training tracks and will include networking forums, presentations and discussions regarding how to meet the rapidly evolving environment today as well as basic and advanced training sessions. Brief description of Company Cl Technologies has conducted business since March 1992. Its sole business is to provide"off the shelf" software products specifically created for the public sector internal affairs/professional standards and criminal intelligence units. Cl Technologies, Inc. is a Florida Chapter"S" corporation. Cl Technologies site locations include: Vancouver, British Columbia, St.Augustine, FL,Townsend, MA, Dallas,TX and Castle Rock,CO. Cl Technologies' product-based rather than custom software focus results in superior software functionality at reasonable cost to its customers. It also results in a company with strong growth and staying power over the long-term, rather than one dependent on a few large clients or contracts. Product development and technical support are also vastly simplified. CI Technologies' products are all created using industry-standard programming languages and are designed to use mainstream relational database engines. They are architected to be scalable from single desktop to wide-area usage. Several of Cl Technologies'customers run its software products in statewide, citywide or countywide wide-area mode. Cl Technologies has a long history of offering timely and effective technical support to our customers. This can be confirmed by contacting any of our customers. Cl Technologies is a rapidly growing company sales-wise and has on average a 3 to 4 month sales backlog. Remittance Address: P.O. Box 534 •Townsend, MA 01469-0534• USA CI Technologies Inc.is the Sole Source Provider of the IAPro and 91ueTeam Software Web:www.iatro.com Page 472 of 940 Cl Technologies' IAPro integrity solution was first released in 1998. Over 750 public safety agencies in 5 countries run IAPro. Those countries include: the USA, Canada, Australia and New Zealand. • Company name:Cl Technologies, Inc. • Mailing address: PO Box 534,Townsend, MA 01469-0534, USA • Number of years in operation: 25 years • Number of years in public safety software business: 25 years • Number of employees: 10 full time employees, 2 part time employee, plus 25 contract trainers r Michael Blumberg President—CI Technologies, Inc. 800.620.8504 sales(Miiapro.com Remittance Address: P.O. Box 534 •Townsend, MA 01469-0534• USA Cl Technologies Inc.is the Sole Source Provider of the IAPro and BlueTeam Software Web:www.a-oro.com Page 473 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX P.O. #: 181273 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 08/13/18 VENDOR 9097 SHIP TO: TO: GLOBALTECH INC. City of Boynton Beach 6001 BROKEN SOUND PKWY EAST UTILITY ADMIN STE 610 124 E. WOOLBRIGHT ROAD BOCA RATON, FL 33487 BOYNTON BEACH, FL 33435 REQUISITION NO. 71990 ORDERING DEPARTMENT: UTIL ENGINEER TP • DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 23760. 00 DL TASK 1 - CONCEPTUAL DESIGN 1.0000 23760. 00 TASK 2 - ALLOWABLE COST ESTIMATE TASK 3 - PROPOSED PROJECT .SCHEDULE REMARKS CONSULTING-:;SERVICES. TO PREPARE A O....., :APPLICATION ,TO THS' FLORIDA `DEPARTMENT OF HEALTH Pi3�L,IC DENTAL PRO-GRAM (PHDP:) FOR THF; INSTALLATION OF -LUORTDATION EQUIPMENTFOR THE EAST WEST WATER:TREATMENT: PLANTS. CCNA PROCUREMENT SERVICES ®3 1a-- P.O. TOTAL: 23760.00 ACCOUNT NO. PROJECT 401-2811-536.49-17 PURCHASING Page 474 of 940 OD Go 01 W W , 0 ao ao o 0 I pEl�, i O o 0 Q Q M M N N '14 O I 1 m Q I z I , PC W 1 w > I > I H I Q 1 1 y I 1 may; I I jj' 1y I 1 I 1 I 1 , I O z WO I O O oW� O H H U I O O I O ti e W 10 W I M z I IV N I H I I 0 U I I I I W H HH I O I z HU) I O a i O p��, 'S^- "ry ori A W Rr 1 o H i H W §^' 0 O a `,i i H I E. ca f 1C 25? r y o a a ° C.� � U U] ft t I U2 1 p. r74 f S F✓ ( b U CD 21 0 0W z Z H W , Q W , 04 F3 W OO >+ 1 o a 1z R W H P4 x H 1 O I P, H Pa U H1 H U H MW IX H I O 1 W a'H O 7y ko r �w4 1m E-1 H Ol W w0> a. N . z z W Q.4 Q i Q H W W 1 1 W W H I O H �DO W I U O �Uj HW U iU ul H yy� R+ ila W i i a W R: SOH 1 1 En H C7HHrn 1 x� W 1 I U Z, �+ (W�:C 0 0 HU N H I HQm ; az wzHUI PaWW AO WWW H I HUH U U O X N W P m> p; W H ZHW W W U'W7+FC04H H a I U]HW�C7 1 HH HWNCX 00 UA O Z � Aop4Ha W�cP401 Q E-1 a H gwn.4ww Haww H U] HaPqw�H 00vlrn I WZOoz UOLLUW pa 0 z 0,414 .. .. n w 14W HN H O , UP4>�Q I H�i� X HHazH H U a, I 11 1 Ax 1 ON 00 O WH 1140 OHWQ t E-, O H 1 HNMOO I UH m HEW H a P: I G,U I UO z zHFCHW U) 0 0OZ04u 0 H QI HPEl 1 H Hva P4 En �QOHw J P: H W 1 1 W H ' H P: HaO x ZI% zr-I A waaww v Ul HW , H Or zWW HH az a a u4mogOz Page 475 of 940 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 1 Date: 9-Aug-18 Requesting Department: Utilities Administration Contact Person: Joseph Paterniti, P.E. Interirr Explanation for Purchase: Consultant to provide engineering services to the City on a scope of services to prepare a grant application to the Florida Department of Health Public Dental Program (PHDP) for the installation of fluoridation equipment for the East and West Water Treatment Plants. Recommended Vendor 9097 Globaltech, Inc. Dollar Amount of Purchase $23,760.00 Source for Purchase (check and attach backup materials): Three Written Quotations ® GSA State Contract ® PRIDE/RESPECT SNAPS Q Sole Source Piggy-Back ® Budgeted Item Emergency Purchase ® Other Contract Number: �Cl� NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purphase: 401-2811-536.49-17 Approvals: Department Head Date k"19If Purchasing Agent -` Date / "` Asst City Manager Date City Manager Date 1-11-31-1-Y- Form Revised 02/01/02 Page 476 of 940 ARXEQUEST FOR REQUISITION H.T.E.ENTRY DATE: 8/9/2018 H.T.E.REQUISITION# 71990 Contract Coordinator. TP Director: � �� City Manager(non budg e cmital and/or$5000+ REASON FOR PURCHASE: Globaltech, Inc.will provide Engineering Consulting Services to the City on a Scope of Services to prepare a grant application to the Florida Department of Health Public Dental Program (PHDP)for the installation of fluoridation equipment for the East and West Water Treatment Plants. _._._ Not to Exceed VENDOR INFORMATION: DIVISION: OTHER INFORMATION: 'I �e „tr M.M. Name: Globaltech, Inc. Admin. ( ) Date: 8/9/2018 ASAP ( ) �M.M.� ... Address 6001 'Broke_n Sound Pkwy, NW Engineering ( ) Date Needed: Confirm. ( ) Suite 610 Cust. Rel. ( ) ASAP/Conf. ( ) _ - Boca Raton, FL 33487 Distribution BACKUP DOCS. DELIVERY: SUBMITTED: Phone(contact): Water Qual. ( ) QuotesNerbal ( ) E.Admin. 40 (X) (over$500) Troy L Lyn, RE, Project Manager tlyn(aD-giobaltechdb.com Phone: 561-997-6433 Pumping ( ) Quotes/Written ( ) E.WTP 41 ( ) Fax 561-997-5811 (over $2000 Vendor Number: 9097 � PWTreat. (X) Bid Docs. ( ) W.WTP 42 ( ) Meter Serv. ( ) Sole Source Ltr. ( ) P/U 99 ( ) - - INITIATOR: Joseph P iti Interim Sewage ( ) Insurance (X) Special Instructions: Utilities Director . Requirements: APPROVED Strmwtr. ( ) CCNA Project Number- Quan. Unit Price Description_&Part Number Fund Det Basic Elem Ob' Amount_____ Task 1—Conceptual Design 1 $23,760.00 Task 2—Allowable Cost Estimate 401 2811 536 49 17 $23,760.00 Task 3—Proposed Project Schedule Total $23,760.00 Page 477 of 940 PROPOSAL: CITY OF BOYNTON BEACH GENERAL CONSULTING SERVICES SCOPE OF WORK FOR WATER FLUORIDATION GRANT APPLICATION ASSISTANCE INTRODUCTION City of Boynton Beach (CITY) has requested assistance from Globaltech, Inc. (CONSULTANT) in preparing a grant application for the installation of fluoridation equipment for the East and West Water Treatment Plants(WTPs). SCOPE OF SERVICES The CITY is preparing a grant application to the Florida Department of Health (DEPARTMENT) Public Health Dental Program (PHDP) to install fluoridation equipment at both the CITY's East and West WTPs. The CONSULTANT shall prepare a conceptual design report so that allowable project costs under the grant can be estimated for the grant application. The estimated allowable project cost for both systems shall be prepared on the Cost Estimate Form 12-003 of the grant application. The CONSULTANT shall also prepare a proposed schedule for the project. The conceptual design, estimated project cost, and proposed project schedule shall be submitted to the CITY for their use in submitting the grant application. PROJECT PERSONNEL The CONSULTANT proposes Troy Lyn, P.E., to serve as the project manager and lead engineer for this project. DELIVERABLES CONSULTANT will prepare the following deliverables as part of this Proposal: • Conceptual design of fluoridation systems at the East and West WTPs • Cost Estimate Form 12-003 • Proposed project schedule ASSUMPTIONS 1. The CITY shall prepare a single grant application for the fluoridation system at both the East and West WTPs. The City shall be responsible for submitting the grant application to DEPARTMENT. 2. The CITY will be responsible for any application or permit fees. 3. Permitting or detail design of fluoridation system is not included in this proposal. 4. Project costs not allowed by the grant will not be estimated. 5. Deliverables will be provided in electronic format for the CITY's use. 6. The installation of the fluoridation equipment at the East and West WTPs are assumed to be done under a single project. Page 478 of 940 COMPENSATION Compensation for this Proposal will be on a lump sum basis for a fee not to exceed $23,760. Attachment-A provides the compensation summary for the project. ATTACHMENT—A Compensation Summary Page 479 of 940 ATTACHMENT A COMPENSATION SUMMARY WATER FLUORIDATION GRANT APPLICATION ASSISTANCE Project Senior Process CADD Admin Total Subconsultant Manager Engineer Engineer Technician Support Labor Labor Rates$/Flr. $190:00 $330,00 $95:00 $65 Task 1 Conceptual Design Project Management 8 4 4 $ 2,700.00 Plant Site Visits 6 6 4 $ 2,920.00 Equipment Sizing Calculations 8 16 $ 3,600.00 Conceptual Layout 8 16 $ 3,600.00 Conceptual Design Report Preparation 16 12 12 4 $ 6,000.00 Task 2 Allowable Cost Estimate Form 12-003 2 12 8 $ 3,740.00 Task 3 Proposed Project Schedule $ Project Schedule 2 6 $ 1,200.00 Total Hours i8 54 62 12 8 $ 23,760.00 Subconsultant $ Markup $ Total Subconsultant $ Total $ 23,760.00 Page 480 of 940 GLOBA08 OP ID:GC ®� DATE / Y) yaylr� CERTIFICATE OF LIABILITY INSURANCE 08/09109/201820/8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement's. CONTACT PRODUCER NAME: Christopher M.Moore,GPCU Brown&Brown of Florida,Inc. PHONE 954-776-2222 a,_Nol:954-776-4446 1201 W Cypress Creek Rd#130 (Cc�rao eM _ — ,i —— E-MAIL P.O.Box 5727 ADDRESS_ Ft.Lauderdale,FL 33310-5727 Christopher M.Moore,GPCU ,,, _ INSURER(s)AFFORDING COVERAGE NAIC N _ INSURERA:Amerisure Mutual Ins.Co.+ 23396 INSURED Globaltech,Inc. INSURER B:*Amensure Insurance Co an + ,,... 19488 Attn:Rebecca Thomas INSURER C:North River Insurance Coan}+ 21105 6001 Broken Sound Pkwy NW#610 INSURER D:Indian Harbor Insurance Co.+ 36940 Boca Raton,FL 33487 - INSURER E: - INSURER F: -- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF ( P_6LICY EXP — - — - INTSRR TYPE OF INSURANCE , POLICY NUMBER _ (fMM/DDIYYYY MM/DD/YYYY LIMITS A X I COMMERCIAL GENERAL LIABILITY ( I ERCP;()CCtJRRFNLE $ 1,000,000 �) ® CPP20796570702 11/01/2017 11/01/2018 �""�� �S'E�Iccu100 00 CLAIMS-MADE OCCUR X tl'SLRNISE*u jEc[uner�Ge?� _$— _.-.-_ MED EXP(Any one person) $ _ 5,00 PERSONAL 8 ADV INJURY. 1$ ......... ... 1,000,000.. GENERAL AGGREGATE $ 2,00000 GEN'L AGGREGATE LIMIT APPLIES PER: 2,000,000— PRO- Emp Ben. COMP/OP AGG $ 1,000,000 POLICY JECT LOC OTHER.. -- ____- --- - (COMBINED SINGLE LIMIT $ 1 000,000 AUTOMOBILE LIABILITY ( LEa accidenq, .'.. B X ANY AUTO �CA20796540601 11/01/2017:1110112018 BODILYINJURY(Perpers0n) $ ALLOWNED SCHEDULED ; I BODILY INJURY(Per accident) $ AUTOS _... AUTOS NON-OWNEDPROPERTY DAMAGE $ Peracciden,{, __ HIRED euros alums PIP $ 10,00 X ,PIP symbol aI ownsd UMBRELLA LIAO X OCCUR ( EACH OCCURRENCE $ 2.000.000 — 2, C X EXCESS LIAR (CLAIMS-MADE_ IGLOBA081 1 1110112017 11101/2018 AGGREGATE $ 4+000,000 .. ---- DED I X I RETENTION$ 0 $ _ WORKERS COMPENSATION ( ; X PER OTH AND EMPLOYERS'LIABILITY I,STATUTE ....— B 'ANYPROPRIETORIPARTNERIEXECUTNE Y� IWC207965505 11101/2017 11101/2018 E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N!A `-- (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE;$ 11000,000 tiyes describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION D ;Prof Liab&ContrPECO04442303 1 0812112017 11/0112018;Claim/Agg 3,000,000 Pollution Liab RETRO DATE 717195 „Ded 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Boynton Beach is an additional insured with respect to General Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION_ --- BOYNTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. Utilities Department _ 124 East WOOlbright Road AUTHORIZED REPRESENTATIVE Boynton Beach,FL 33435 / /©1x988-20014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Page 481 of 940 0 3 n C o m ao c (D (D ® c_ CD ma y �. a w CA) Z CD.0 r, (D m c A n 0) = I �- : N O O crrn Q- w V O CD - 7 Q ® ® C 0 F(OD - -4 3 =rm CD I CD 0 13 :3mm � co m CD ® j ..� _{ n n '2 2 ® ® D O DWTD Cl) m � 0 G) C7 CD O —I n -ZI O U) n Z w CO) W v m W m CD a (a70 co �„ m 7D n n co N m � U)o 0 0 A C) (D O W C D CL D CD m CD � O ID FF I 1 1%) m N 3 m o O M M M ® o o (0) O on D D .. c c — W CL m C e 9) Q C Wim* O ® v I:+ C I w Q ® o l0 0 0 0 0 0 0 0 O o 0 0 CD rn o x oho CD c 3 CD p -, C O o: � Q � o N oCL w 1 0 j a -4 n m C,) CD w o C .. c � ID ID n w wCD n c cn CD cD c OD (D O O O O O '(O O O O ' O O �I CA O Q Page 482 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX P.O. #: 181281 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 08/16/18 VENDOR 17230 SHIP TO: TO: MARQUEZ BROTHERS, INC. City of Boynton Beach 9115 NW 93RD ST. PUBLIC WORKS DEPARTMENT MEDLEY, FL 33178 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72029 ORDERING DEPARTMENT: FLEET/MC ® m DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 15750. 00 DL 19FT STEEL DUMP BODY 1. 0000 15750. 00 REMARKS:- REPAIR DAMAGE TO DUMP BODY OF TRUCK 1562 ESTIMATE #42:30 &I _ _.. PROCUREMENT SERVICES: P.O. TOTAL: 15750.00 ACCOUNT NO. —1 PROJECT 501-2516-519.46-31 PURCHASING Page 483 of 940 OD m I I H ,'T•� 1 H H I I H 1 \ \ s11 In W I I U 1 E� I [n I OD 00 I I H H 1 I I I O O I I a I O O W W E-4 ZZU i po 0 A A DI Ln Ln w H F.oi i Ln Ln W W"U.� > y l I H ai H 1 H I 1 Q H I a 1 I z to I 4 W I I w t1l 9 Q I I H w 1 1 I H I I Iwx�� 1 I I U 1 za W OdIMo I I t!1 N N 1 QH I O O I > I O N "Z w I O O I 1 dp 1 9 %o U WO I I I O In z FU Io o I 1 0 r-I H rui I 111 In i 1 H aG I N N 1 DW I EW-1 1 +lMi 0 CL N O HH 0 C)l 000 i z f s 4 O a HV1 1 0 00o I � 4_ o '4 WV o E� O oo� O r. O [iNrc�7 I ,i E-1 E-1 to O N I H ?I e o w Of z O H mmr� i O i H ".7 NHC%4 I H 01 1 7E U] Q I H W I H O H RS I Gk W r m I.�H N E 1 a p 1 i 0 U E-1 z QN .O"] i Q W i W h W H NW H O I a I I z C4 W LL 7 H M W H I I I H U H 0401 p! H I O I I U) O I In I I W QHR 0 1 in x w w w 01� H � H H z H Q Q I ] W W I 1 fn rnz m O i i H u z N w Q En u � H a E-1 w W Gx of i i r>; rx W H I I W x ri) 1 H H I I W O 't7 I I U I I I W 1 ui I a I U I 1 H O i H9 1 OUB � loN[-OLn to co 0 U z 1 H OU)O O I W a H H Q 0 .- P4 I W apq I P4Wz0 z 1 rI a D 1 HD-H 1 M 1 gaogxxox 1 w o'a o z I Q - c4zzzz ; n H o I 0>40NHWOa I Hlo z H H I WHOZZiUUW I H O F H I WHxHW'Z.. Q I Pln H v a I POM F..WIXP4 I ON H O H I wooHaxHo 1 U,A H a a1 UWHWFC 1 Uo En U I H MBUM I r Ln H O W 1 G4O 04 M12 I H A 1 Chuwwwrxah 1 w a M zrx H zH W H 0.I I 1 H Page 484 of 940 CITY OF YN 1 REQUEST FOR PURCHASE OVER $10,000 Date: 8/10/2018 Requesting Department: .Public Works Contact Person: Bill Darty Explanation for Purchase: Body repair to wrecked 2015 Peterbuilt dump truck#1562. Recommended Vendor Marquez Brother, Inc. Dollar Amount of Purchase $15,750.00 Source for Purchase(check and attach backup materials): Three Written Quotations ® GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in.the same detail contained within the contract. Fund Source for Purchase: 501-2516-519.46-31 Approvals:- Department Head Date Purchasing Agent Date i Asst City Manager Date City Manager Date y Form Revised 02101102 "�' Page 485 of 940 REQUEST FOR OFFICEIT FROM: Bill Darty Date:8/10/2018 *PRIORITY/DATE NEEDED BY: ❑ Copy Work - Number of Copies: [Double-sided/Collated & Stapled/ Distribution: ❑ Type from the attached/transcription tape/email(to be forwarded upon request) ❑ Request for 121/Direct Pay Req.for the attached - Vendor or Person to be reimbursed: Account Number: _- -_—= Project No.: Request for Requisition- Vendor: Marquez Brothers,Inc. $15,750.00 Account Number: 501-2516-519.46-31 Project No.: List Items w/Quantities & Unit Costs on the back of this request. XX Quotes($500 to$1,999): Vendor: Cost: Vendor Cost: Vendor: Cost: ❑ Written Quotes($2,000 to$9,999.99)-Attached. ❑ Written Quotes($10,000 to $24,999)w/Purchases over$10,000 Form-Attached. ❑ Bid/City(Over$25,000): Bid# ❑ Bid/Other Entity(Over$25,000): Bid#, Bid Eff. Dates, & Bid Quotes-Attached. ❑ File As: ❑ OTHER: Special Instructions: Damage repair to dump body-of truck 1562 w/o 87434job#1 due to an accident. Will need to set them up as a new vendor in our system. Request completed by: Date completed: Please sign and return this form to the Office Staff's Inbox; feel free to make any comments below. Page 486 of 940 4* �Pp Marquez Brothers, Inc 1 ESTIMATE: 4230 9115 N.W. 93rd Street. Medley, Florida 33166 Phone: (305)888-0090 * Fax: (305)885-5077 PHONE Nag561-742-620, 06/20/2018 City of Boynton Beach srR�T Boynton Beach, 33435 222 N.E.9 Ave. _Y!'! YFEAR COLOR MODEL REGIbMTJON NO. SERIAL ND. ESTW ATE PREPARED BY DESCRIPTION UNIT NET TOTAL 19 Ft.Steel Dump Body 1 $ 15750.00 $15750.00 3116 Floor Smooth 1 $0.00 $0.00 insills Gusseted 1 $ 0.00 $0.00 7-In Ma Crossmembers 4"Structural Channel On 12"Center 1 $ 0.00 _ $0.00 Side Height 68 314" 1 $0.00 $0.00 With 95112" 1 $0.00 $0.00 Bam Doors 68 314" 1 $0.00 $0.00 Hoist 5 stage 1 $0.00 $0.00-- 1 $0.00 $0. Hoist Base Hydraulic Tank With Liquid 1 $0.00 $0.00 Back Hinge 1 $0.00 $0.00 Electric Tarp 1 $0.00 $0.00 Step Ladder on Driver Side all the way to the top 1 $0.00 $0.00 Lights 1 $0.00 $0.00 Primed And Painted Color. Black 1 $0.00 $0.00 Reflective Safety Tape D.O.T.Approved 1 $0.00 $0.00 -------- TOTAL .. TOTAL$ 15750.00 DEPOSIT$ BALANCE$ SUBTOTAL$ 15750.00 k SALES TAX$ 0.00 GROSS TAX$ 0.00 TOTAL$ 15750.00 Page 487 of 940 p, ■ RECHTIEN INTERNATIONAL TRUCKS INC 3787 INTERSTATE PARK RD RIVIERA BEACH,FL,33404 Tel:561-882-9050 Fax:561-882-0218 BODYS HOP@RECHTIEN.COM Tax ID:59-2044408 Invoice Estimate Prepared by: SKI Appraised for: Accident Date: Date of Loss: Date: 7/26/2018 Arrival Date: Estimate#: 1562 Type of Loss: Policy Number: Claim Number: Insured: Company: CITY OF BOYNTON BEACH Contact: ROLAND MILLER Address: 222 N.E.9TH AVE City,State,Zip Code: BOYNTONBEACH,FL 33435 Telephone,Fax: 561-742-6208, 561-742-6217 Year Make Model Color Trim 2006 MACK GRANITE Unit Number License Plate# Mileage Serial#/VIN# 1562 Sup Seq Labor Labor Description Part Part Number Dollar Labor Type Op Type Amount Units 1 Body Rem/Rep Replace Dump Body As Per New $21,600.00 T Spec Sheet 2 Body Rem/Rep Removing Body and Cut For New $300.00 T 12.0* Disposal 3 Body Rem/Rep Transport To And From Body New $400.00 T Co 4 Price Qoute Good Till 8/10/18 *-Judgement Item #-Labor Note Applies Labor Farts Body 12.0 Hrs @ $98.00 $1,176.00 Parts Subtotal $22,300.00 Labor Total $1,176.00 Less Adjustments Parts Total $22,300.00 Additional Costs and Operations Add].Costs/Ops Total $0.00 Tax Totals Version 3.0 TruckEst is a Trademark of Mitchell International Database Edition PHT 18-02 01998-2018 Mitchell International,Inc. Page 1 of 2 All Rights Reserved. Page 488 of 940 P' t Sup Seq Labor Labor Description Part Part Number Dollar rabos Type op Type Amount Sub Total: $23.476.00 Net Total $23,476.00 Estimate Prepared By: Signature - Date Authorization for Repairs: Signature Date The above is an estimate based on our inspection and does not cover any additional parts or labor which may be required after the work has started. Occasionally,worn or damaged parts are discovered which may not be evident on the first inspection. Because of this,the above prices are not guaranteed. Quotations on parts and labor are current and subject to change. There is No Guarantee on Paint Color match,Due Too Paint fading and the Harsh Envioremental Conditions And Chemical Washes Used On Commercial Vehicles. Payment and Authorization for reoairs are soI the owners restx snsibility,the insurance corn an doe not own your vehicle The_ Insurance n rna a ree to maks ment for all of the re airs err artial a m due to De reciation Deductibles and revious damage As the owner of the vehiGe you are Resnsible for the full oayment when _ickin u_the vehicle NOTE As the owner of vehicle sou can Authorize repairs at an 4ime Unless there is a Ial hold on vehicle.Pictures and estimate of damages can be made and taken at time of accident das ed arts can be saved for in, action.While our Vuck sits waitingiour m authorization.you are in for a relacement vehicle and if that truck is leased ou are a in double for that vehicle while t is in the shoo for Tpairs or wadina authorization. TruckEst does not automatically include items required by many business repair partners. This application allows the author to manually enter line items such as overlap deductions. 2006 MACK GRANITE Version 3.0 TruckEst is a Trademark of Mitchell International Database Edition PHT 18-02 ©1998-2018 Mitchell International,Inc. Page 2 of 2 All Rights Reserved. Page 489 of 940 Gar^P Industries, Inc. Truck Equipment Tel:(305)888-7252 10890 N.W.South River Drive Manufactures&Distributors Fax:(305)8884098 Miami(Medley),Florida 33178Aw (80D)662-Gare{4277) www.gar-o.com rumam An Inc.500 Company Email:sales@ear-D.com Thursday,March 29,2018 — Municipal Package Includes: x Mr.Bill Darty City of Boynton Beach • ALL HEAVY-DUTY 3/16"STEEL. Boynton Beach,FI. • ELECTRIC TARP SYSTEM WITH INSIDE CAB CONTROLS&MESH COVER. e BOXED HEAVY-DUTY TOP RAIL. DartyW@bbfl.us . INVERTED ANGLE REINFORCED TOP RAIL. • FULL DEPTH FRONT AND REAR POST. • TWIN BARN DOORS. ALL LED LIGHTING. 864ACb4EW PACKAGE: (RICE1iQfc5NDTiNCLUDEPTO.PUM®CONTROLS,HYDRAULN TANK. Via:Fax/Email ` SEE OPTION SECTION FOR ADDITIONAL INCLUDED ITEMS.AND OPTIONS. 17—77o- .ai AM ;�.'_ .x dna&�.Sti��. N,tu�Yh m�� . a„v,�. F w, - -__ 0 We Are Pleased to Provide You with Our Following Specifications for One(01)or More, Gar-P 20' Model#20GPBST6666,Steel "Trash" Dump Body_(s). REPLACEIIAENT PAGICAGE PRICE DOES NOT INCLUDE PTO,PUMP,CONTROLS,HYDRAULIC TANK. Specifications: (Approximate) - Length (ft./mm): 20' (6096.0) Width O.D. (in./mm): 96" (2438.4) Width I.D. (in./mm): 87" (2209.8) Side Height I.D. (in./mm): 66 (1676.4) Tailgate Height I.D. (in./mm): 66" (1676.4) Cubic Yards: 29,5 - - Cubic Meters: 22.6 Materials: (Approximate) Floor: 1 3/16"Steel Sides: 3/16"Steel Tailgate: 3/16"Steel Understructure: Longitudinal: 7"x 9.8 Ib.Structural Channel o Cross-Members: 4"x 4.1 Ib.Structural Channel Sub-Frame: Not Applicable CONFIDENTIAL QUOTATION-PAGE 1 OF 5 Page 490 of 940 Industries Inc. Miami (Medley), Florida E� Tel:(305)668-7252 rl Fax:(305)666.4098 N U.S.(600)662-GarP(4277) T �DDDNE Thursday,March 29,2018 Standard Features: 20"Cab Shield,with Wind Deflector and Front Mount Clearance Lights Twin Barn Doors Vertical Bracing Throughout Electric Operated Tarp System,with Special 5"Springs,Inside-Cab Controls&Mesh Cover Angle Reinforced Top Rail Boxed Top Rail Front and Rear Corner Posts Heavy Duty 3/16"Steel Floor 45-Degree Sloping Rub Rail Inside 2"Radius Sides to Floor Full"Structural Channel"Crossmembers Understructure Crossmembers Fully Gusseted at 12"Centers Heavy Duty"Structural Channel"Longitudinal Heavy Duty"Weld-On"Rear Hinges Heavy Duty 2"Diameter Cold Rolled Steel Hinge Pins Heavy Duty Steel Hydraulic Cylinder Base Rear Apron Gar-P Light Package,Includes ♦ Re-Install Factory Supplied Rear Lights(Stop/Turn/Tail) • All LED Lighting. ♦ Four(4)Recessed Mounted Side Marker Lights(2 Red/2 Amber) ♦ Reflectors Audible Back-Up Alarm Rear Rubber Mud Flaps with Gar-P Logo/Or Dealers' Gar-P In-Cab Controls Include: ♦ Floor Mounted Control Console ♦ Pump Lever with Center Safety Lock • PTO Engaged Warning Light Rubberized Undercoating to Body Understructure "Special Feature Two Coats Sherwin-Williams Primer/Sealer,and Two Coats Your Choice Color Enamel CONFIDENTIAL QUOTATION-PAGE 2 OF 5 Page 491 of 940 Gar-P 'n ustriesp Inc. Miami (Medley), Florida E� Tek(305)888-7252 11 Fax:(305)888-4098 11 U.S.(800)662-GarP(4277) TRUCK BODIES Thursday,March 29,2018 HYDRAULIC PACKAGE: - - Hill #74135. Front Mount Telescopic Cylinder. Snap-On Glass-Filled Bearings for Contaminants Absorption. Threaded Stop Rings. External Packing Nuts for Added Tube Support and Easier Servicing. Wave Springs and Chevron Packing for Positive, Self-Compensating Seals. High I Temperature Resistant Hytrel Rod Wipers. - • Number of Stages 4 - e Capacity 71,560 Lb. Pump: i EXISfI1,6 Power-Take-Off(PTO): (1571NG Reservoir: F l Sub-Frame: 1 Not Included—Sub-Frameless Design. JIM HIS Oil operating temperature should not exceed 180°F.(93°C.). The recommended operating temperature range is 120°F.to 140°F.(50° C.to 60°C.). CONFIDENTIAL QUOTATION-PAGE 3 OF 5 Page 492 of 940 EIndustries, Inc. Miami (Medley), Florida Tel:(305)888-7252 H Fax-(305)888-4088 9 U.S.(800)662-GarP(4277) RUCK I Thursday,March 29,2018 Options and Upgrades INCLUDED in the Base Price:___ __ included Air Operated Power-Take-Off(PTO)in Lieu of Cable Shift. ncl Included Plug-in Type,"Sealed"Electrical Wiring Harness. Color Coded. —�- - �"� included Rubberized Undercoating to Complete Dump Body Understrudure. included All LED Lighting GPaffixx�a included �$x•v (Electinc Tai 5stem wi_Direct Dnve Mlrtoc;.lns�de Cab Control and Mesh.Cover. - � 2 1nduded /i5 Floor,Sides ahii aailate;UP,GRADE, lnduded pride Reinforced ToRai1. Options and Upgrades AVAILABLE-Not Included: ADD-Per Unit - $ 225.00 10-Micron Return Line Oil Filter,3-Line System Upgrade Required. $ 250.00 3 Line Hydraulic System Upgrade,with 30 Galion Side Mount Hydraulic Reservoir&Site Glass. PTO&PUMP UPGRADE CHARGE FOR VEHICLES EQUIPPED WITH Required. $1250.00 Includes:Clutch-Shift(Hot-Shift'"")PTO Upgrade,and Pump Upgrade if *On Some Vehicles Additional Charges MayApply. D FOR VEHICLES EQUIPPED WITH RE U UPG RADE Q _.PUMPPTO& Includes:PTO/Pump/Valve. Chassis to be Ordered without PTO,Mack Option#1911403 Opt m-Drive Single PTO $1100.00 Prep Kit,with Programming for PTo'2'F,.nt.ot.mTw.(2)Fo O - - 450.00 Four(4)Corner Strobe Lighting. rnt/Top of Cab-Shield,Two(2)Rear. IGKSM $- CONFIDENTIAL QUOTATION-PAGE 4 OF 5 Page 493 of 940 bo Gar-P Industries' Inc. Miami (Medley), Florida E� Tel.(305)888-7252 Fax:(30S)888-4098 NU.s.(800)662-6arP(4277) TRUCK BODIES Thursday,March 29,2018 Price(s): Minimum Units: One(01),or More Total Price: $17,985.OD Unit Cost: 'A Notes: LU UC TANK. EpLACtMENT PACKAGE; PRICE DOES NOT INCLUDE FITICIP PUMP,CONTROLS HYDRAULIC R ------------------------- Automatic or Automatic Shift Transmissions: • Allison"'Automatic Transmissions Requires optional Clutch-Shift PTO—See Option Section. • M-Drive*"'Transmission Requires Hydraulic Upgrade—See Option Section. • Ford 611140 6 Speed Auto Transmission Requires Special Clutch-Shift PTO Upgrade—See Option Section. • Eaton Ultra Shift Transmission: rade is required. if possible,we suggest when ordering the truck A standard Air Operated PTO can be used. No Clutch-Shift upg chassis that a dash mounted PTO switch be included. • All Price(s)Quoted EXW our Medley(Miami)Florida Plant. • Federal,State&Local Taxes Which May Be Applicable Not Included. • Unless Otherwise Stated Port Delivery Charges if Applicable Are Not Included. �'e jorge]. V" az rc& (seal) Jorge J.Garcia Vice President PRIVACY AND CONFIDENTIALITY NOTICE SOLELY FOR THE USE OF THE INDIVIDUAL TO WHOM IT 15 ADDRESSED AND OTHERS AUTHORIZED THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL AND INTENDED RIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS TORECEIVE rr. IF YOU ARE NOT THE INTENDED RECIPIENT ANY DISCLOSURE,COPYING,DIST PROHIBITED.IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY THE SENDER AT THE PHONE NUMBER INDICATED. CONFIDENTIAL QUOTATION—PAGE 5 OF 5 Page 494 of 940 -- Southeast Truck Specialist,Inc. Estimate S.E.T-8. 2407 Hammondville Road Date Estimate Pompano Beach,FL 33069 - -- (954)970-3651 •Fax (954) 970-4201 6/4/2018 7443 -- Lie#:AR 1891 •Lic#: 641 •MV-21961 Make PETERBILT Name/Address - Yr/Model 15/337 CITY OF BOYNTON BEACH - 222 NE 9TH AVE VIN 2NP2H.17X9FM273646 P.O.BOX FL 310 BOYON BEACH,FL.33225-0310 561 742 6205 FAX 561 742 6211 Mileage Tech P.O.No. Terms Net 30 . - Cost Total Description aY - - UNIT it 1562 REMOVE OLD BODY ASSY FOR ACCESS 10 110.00' 1,100.00 LABOR TO INSTALL A NEW STEEL BODY ASSY 16 110.00 1.760.00 SUPPLY A NEW STEEL DUMP BODY ASSY 1 20,682.75 20.682.75 1 j The above is an estimate based on our inspection and does not cover any additional Subtotal $23,542.75 parts or labor which may be required after the work has started.Occasionally,worn or ... damaged parts are discovered which may not be evident on the first inspection.Because - of this.the above prices are not guaranteed.Quotations On parts and labor are current Sales Tax (0.0%) $0.00 and subject to change.l further agree that my vehicle may be driven by your employees for road test at my own risk.Customer will have 3 working day's after repair's arc completed to pick up vehicle's before storage fee's are applied Total $23,542.75 Signature - ® Page 495 of 940 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX P.O. #: 181286 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 08/20/18 VENDOR 17212 SHIP TO: TO: MCGOVERN MCDONALD ENGINEERS City of Boynton Beach 870 MARKET ST. EAST UTILITY ADMIN STE. 828 124 E. WOOLBRIGHT ROAD SAN FRANCISCO, CA 94102 BOYNTON BEACH, FL 33435 REQUISITION NO. 71946 ORDERING DEPARTMENT: UTIL ADMIN/MR ® ® ® DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2880. 00 DL IDENTIFY AND DEVELOP POWER 1.0000 2880. 00 GENERATION Technology Descriptions Approx: 12. hOurs 2 16090. 00 DL DEVELOP TICHNOLOGIESiAND EXCEL 1.0000 16090. 00 Performance. Moelel' Approx.:, 70 hours 3 4820 . 00 DL DEVELOP SUMMARY PRESENTATION .1.0000 4820. 00 Approx:: 56: hours REMARKS IDENTIFY SUSTAINABILITY INCLUDING-GREENHOUSE .GAS EI.SSIONS ;�HROUGH .INTEGRATION .OF.:RENEWABLE ENERGY S47UE2CES &:.;DEVELOPMENT OF.: AN ,OVERALL ENER.G. SYSTEM RECOMMENDATION:. .SOURCE OF PURCHASE CCN.A PROCUREMENT SERVICES: r IC P.O. TOTAL: 23790.00 ACCOUNT NO. PROJECT 401-2821-536.31-90 PURCHASING Page 496 of 940 He-1 I I 00 00 r-1 o W o ,-I f� I I 1 m m i i Ho 0 0 o Zlp O O O 0 H I Ireq W W I Oo O o oco 0 00 r- a Q Q I 1 N \O VI M N >+ O I 1 Q I I z I 1 j I 1 H I I a I 1 W I I ® e Q I I I I I I I 1 I I Q3 �3 Iqa 1 a '. 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U .. gg 1 to u) to W O w•r1 5 O 44 H O I aC`,N>+Q W U O> Q p,0>+Q H H r-1 r•s q.14 N>+ Sa z H H 1 tnHHO H grHO Wlf)H ON N N z i'4 b)11 ®) 0 U H I >'O HE Id HE HE BCD OD OD O U 11>y w S4 r.. H C4 1 N r-1 Q z N E: • Q z N ••Q E 1 O N N N U w 11 1d O N O HO H I H O}COO O p XO O O X00 Ur-I ri r-I H4a••A b)q�-r.1 N H a w 1 GOmU a0OZU a 0 E U 1 U 0 o z 0-4Oa11, A ct W U 1 X!PEM W44!4EM W S•1CA1 H0 W I W U SaO::) >k4 040A >CLOA 1 V' VI W O 0 w,A N OrOi10 r-1 A H W 1 norm W o pJU W w RIU W H -,1 0 rd�r-I 0)q r-I 01 Q 1 HHQNFC QFC x H i1UC:OA>w r1 W 04 1 W tdO.44IdN 3 W H W 1 I w H P"td 0$rC9 a X z PY 1 r-{ N M I z r-I N M I� N 41 N O O FC-4 CO HH a Cq 1 1 Owwwowu HS4 az a aH ��-W °0 Owb) P s Page 497 of 940 W cb I r•I H I I O H I \ \ 1 co ao I 1 I 1 W w I H H I A A � I I I I W I I H I a I w I A I 1 I 1 L� I w I W Z ya H C7 Ch I C1C z W W I z W A I F� I W F-I I 2: O i £ A I -- U %D £ P: z r-I W fx h w W I o z 5 I O H O I O UI U' I o z U I A N CN z 0A O oU H p$ H a I cHr2 raC a 0 H W A I A H9 z (Y LL O W W W0 �> � A I W W I U) E- 0 0 W 0 HW a �n a cn I I 1J r I (U U �4 d) 04 I H O 10 I 'i) a w rd 9� H a) I •ri a H I .aa H C12 I (V I ril H r1 z —i M O 0 10 H IU q H O I rd H a I z (a I H O 1 OH OI a I H w41 pj H I H x I A Aa toI w IW OR . a my Page 498 of 940 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE10,000 Date: 1-Aug-18 Requesting Department: Util Admin Contact Person: Michael Low Explanation for Purchase: McGovern McDonald Engineers (MME) Energy Generation Technologies Study. The focus of this study if to identify sustainability, including consideration of greenhouse gas emissions, through integration of renewable energy sources (e.g. solar, wind), and the development of an overall energy system recommendation. Recommended Vendor McGovern McDonald Engineers Dollar Amount of Purchase $23,790.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Q Budgeted Item Emergency Purchase Other Contract Number: C�lyl NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2821-536-31-90 Approvals: Department Head Date Purchasing Agent Date 6 Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 499 of 940 QUEST FOR REQUISITION H.T.E.ENTRY DATE: 1 08/1/2018 H.T.E.REQUISITION# 171946 1 Clerk: MR ............ Procurement Asst: Director: City Manager(non Feted ca.ital and/or$500 REASON FOR PURCHASE: McGovern McDonald Engineers (MME) Energy Generation Technologies Study. The focus of this study if to identify sustainability,includingconsideration of greenhouse gas emissions, throug11 h integration of renewable energy sources(e.g. solar, wind), and the development of an overall energy system recommendation. - VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: McGovern McDonald Engineers Admin ( ) Date: 07/31/2018 ASAP (X) Address: 870 Market Street, Ste 828 En meerin - .. Eng g ( ) Date Needed:08/10/2018 Confirm. ( ) — -- — — _ San Francisco, CA 94102 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone(contact): Steve McDonald Water Qual. ( ) QuotesNerbal ( ) E.Admin. 40 (X ) 415 650-0102 (over$500 ------ _ --- __ Pumping ( ) QuotesNVritten O E. WTP 41 ( ) (over $2000 Vendor Number :17212 PWTreat. ( ) Bid Docs. O W.WTP 42 ( ) Meter Serv. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Michael Low, URRL Sewage ( ) Insurance ( ) Special Instructions: Deputy Director/Managerto Requirements: Services APPROVE ° a.. Strmwtr. O Project Number: Quan. Unit Price Description &Part Number Fund Dept Basic Elem 0tj Amount 1 $2880.00 I Identify and develop Power Generation 401 2821 536 31 90 $2880 00 Technology Descriptions Approx: 12 hours at$240.00 1 $16,090.00 Develop Technologies and Excel 401 2821 536 31 90 $16,090 Performance Model Approx; 70 hours 1 $4820.00 Develop Summary Presentation 401 2821 536 31 90 $4820.00 Approx: 56 hours � TOTAL 401 2821 536 _ 31 90 i $23,790.00 Work will be performed as described under a lump sum basis,and will be billed based on percent complete. i Page 500 of 940 A WATER I ENVIRONMENT I ENERGY July 15, 2018 Mr.Colin Groff Assistant City Manager City of Boynton Beach 124 East Woolbright Rd. Boynton Beach, FL 33435 Dear Colin: Subject: Fee Proposal for Energy Generation Technologies Study McGovern McDonald Engineers (MME) is pleased to submit this letter proposal to the City of Boynton Utilities(City) for developing an Energy Technologies Study. This letter proposal summarizes the MME scope of services and budget.If acceptable, this letter may be used to establish an agreement between the City and MME for the subject effort. Purpose The purpose of this study is to identify the feasible technologies for generating power (electricity and heat,or steam) for use by the City in planning development.This includes supply of power for City utilities and developments,such as water,and common district heating/HVAC applications. Background The focus of this study is in achieving sustainability,including consideration of green house gas emissions,through integration of renewable energy sources(e.g.solar,wind),and the development of an overall energy system recommendation. A summary description of the technical performance of the various energy generation alternatives shall be developed.This shall include the sizing and efficiencies of the various technologies considered.The technologies shall include:IC Cogeneration(using NG and diesel);solar w/battery storage; NG gas turbines;and fuel cells. The assessment will include how the various power generation technologies will work together as a system (e.g.solar/battery and cogen).The systems approach will combine the various feasible technologies into holistic power generation alternatives.The energy Page 501 of 940 alternatives shall encompass all connected loads,as well as backup needs to serve as emergency power during a utility power outage (e.g.hurricane). In summary,this study will provide guidance on the most cost-effective and reliable power generating alternatives,including preliminary sizing and design criteria. Task Descriptions 1. Identify and Develop Electrical Generation Technology Descriptions.Identify and research the following electrical/heat energy generation technologies.Briefly describe and summarize each of the following technologies: a. Internal combustion engines for cogeneration (for both natural gas and digester gas) a. Microturbines&commercial scale gas turbines b. Solar power(with/without battery) c. Fuel cells Summary's to include: a. Technological features and functions. b. List of major manufacturers. c. Size ranges available. d. Electrical conversion efficiency e. Emission factors f. Proven technology(years of operating experience,reliability/useful life). 2. Evaluate Technologies and Develop Excel Performance/Sizing Model.Evaluate performance metrics,and develop an engineering performance and sizing mode to include: a. Preliminary design and sizing criteria: i. Footprint layout requirements (including support buildings/facilities required). (Square feet/MW sizing). ii. Operational staffing and monitoring needs (staff hours/MW) iii. Maintenance and rehabilitation requirements (major equipment service schedule,and timing). (As a percent of capital costs). iv. Support facilities.(As a percent of capital costs). 3. Develop Summary Presentation a. Summarize the findings and conclusions of the above tasks,and submit a draft PowerPoint presentation to the City for review.The TM is to include: i. Purpose-Goals and Objectives of study. ii. Alternatives and Features/Benefits-alternatives should be evaluated in the study(fuel cell,engine generators,gas turbines) Page 502 of 940 iii. Technical Comparison of Alternatives-Compare alternatives for all non-economic and technical factors including emissions, ease of operation,reliability,experience etc. b. Meet with City staff to present the finding and conclusions,and to address any outstanding questions or clarifications. c. Incorporate City feedback and review comments,and submit a presentation, and the Performance Model. Schedule Time is of the essence.The projected schedule for completion of the study is to be before September 1, 2018. Budget and Compensation Work will be preformed as described under a lump sum basis, and will be billed based on percent complete.The budget is presented in the following table, including all labor and other direct costs. Task No. Description Hrs Budget($) 1 Identify and Develop Power Generation Technology 12 $2,880 Descriptions. - 2 Develop Technologies and Excel Performance Model 70 $16,090 3 Develop Summary Presentation S6 $4,820 _ TOTALS 138 $23,790 Work shall not be performed in excess of the not-to exceed ceiling without written authorization from the designated City Project Manager. Please review, and feel free to contact us should you have any comments or clarifications. Thank you for this opportunity to work with you. Sincerely, Steve McDonald Principal McGovern McDonald Engineers, Inc. Page 503 of 940 Krasnoff, Leah From: Javier,Andrea Sent: Friday,August 17, 2018 8:11 AM To: Krasnoff, Leah Subject: Risk Management Approval for Pending Requisitions Attachments: Req. - McGovern McDonald.pdf, Req. - Fluid Control Specialists.pdf,COI - McGovern Mc®onald.pdf, COI - Fluid Control Specialists.pdf Andrea Javier, IPMA-CP - Benefits Coordinator ` Human Resources and Risk Management Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33426 Physical Address: 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 r 561-742-6044 JavierA@bbfl.us boynton-beach.org/ 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. From:Oldbury,Julie Sent:Thursday,August 16,2018 5:22 PM To:Javier,Andrea<JavierA@bbfl.us> Subject: Re: Risk Management Approval for Pending Requisitions APPROVED Julie Oldbury, IPMA-SCP, CLRP Director of Human Resources and Risk Management „ Human Resources and Risk Management Mailing Address: P.O. Box 310 Boynton Beach, Florida 33426 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 ` 561-742-6277 w OldburyJ@bbfl.us ' boynton-beach.org/ 1 Page 504 of 940 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 Aug 16, 2018, at 4:02 PM,Javier,Andrea<JavierA tz�bbfl.u5>wrote: Good afternoon Julie, Finance requested Risk Management's approval for the two(2)attached requisitions for McGovern McDonald and Fluid Control Specialists. Both you and Jakeera are out of the office until Monday so Leah requested that I reach out to you for: a) approval of the requisitions(a simple "APPROVED" reply to this email would suffice);or b) authorization to approve the attached requisitions. I confirmed that the two (2)attached Cols meet the City's requirements.Thank you. Andrea Javier, IPMA-CP V Benefits Coordinator Human Resources and Risk Management Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33426 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 — 561-742-6044 JavierA@bbfl.us ( _ boynton-beach.orgj 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. <Req. - McGovern McDonald.pdf5 <Req. - Fluid Control Specialists.pdf5 <COI - McGovern McDonald.pdf5 <COI- Fluid Control Specialists.pdf5 2 Page 505 of 940 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 181290 P.O. BOX 310 DATE: 08/23/18 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 13718 SHIP TO: TO: ALPHA FENCE SPECIALISTS, INC City of Boynton Beach 555 WEST OCEAN AVENUE PUBLIC WORKS DEPARTMENT BOYNTON BEACH, FL 33426 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO.� 7206S E RING DEPARTMENT: PW/FAC/LK e DATE NEEDED: BID N0: COMMISSIONA PPR OVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 12000 . 00 DL INSTALL CHAIN LINK FENCE AT 1.0000 12000.00 TEMPORARY LIBRARY LOCATED AT 115 N. FEDERAL HWY, BOYNTON BEACH,.. HL, TYPE: 9 GU.AOE COLOR: BLACK HEIGHT.- 6 FEET'. FOOTAGE; 34:21 + GATES, 3 (SELF=CLOS ING) 2 2736 . 00 DL WINDSCREEN 1:0000 2736 . 00 REMARKS: CHAINLINK: FENCE FOR TEMP LIBRARY LOCATION PROCUREMENT SERVICES: ' 23 P.O. TOTAL: 14736.00� ACCOUNT NO. PROJECT 001-1214-512.49-17 TS0115 PURCHASING Page 506 of 940 i a0 co rl rl I 1 Z I \ U) Wi i UH 1 o I N T1 1 1 HI \ \ 1 1 Is 1 OD cn 1 1 1 I CAH I Ei0 O O W E- 1 I H 1 00 W l0 4 4 W 1 1 O M M s U i rii N � W pyp I i W W i �• I1°. HiQ 1 1 H'UT.. 1 rr✓"� 1 I MU 6[G4 1 GW ; favA0 I 1 I Z4 cC In I U W IgPM I ry 0 CA �H1 o O O I7 I O O O H U1 I a 0 0 1 1 dw •� p H rA l7q O I I f 0 O £' NUI o 1; b 1 I o a + x I O M M 1 1 H r•I O W 1 N N sp 1 I4 U 1 H ri W I y E x x I W E+E+ I o 0 Cl o o.-i i z y 1L® H U H O i o oa 000 1 W r., o J4 W U 1 0 o F0 o00 O 7i z A. E H �0 o i H In Ln >1 �, In r.(Y) m I N �H{ rHi ® [wi i RC o pd i H d Pi H 1 b U al W m i H W W W n 9 1 .4 14 b ;0 U 1n cd 1n td '•�7U M o I A Q i 1 rl PSA m R4 Z �4 '��1 N r]r-1.Q ri.0 w H OH AI H N 'J 1 1 v H LL'I, W, N 1 o ip 1 I O A'H 0 O M 1 1 W H I O P 1 I x b OiH Z ,'7 1 H N I 1 H Ey P4 > Z A Fi W CA4 i 1 'J Q A (A 10 tai U CJ I �., I U d W INA Ad 0 i PP�4�C�U i p� "✓ � H Ell i .Hm MM M `HJ i I Ch�C'J� N a I I 00 CL4 Hg4 Cd E4 N i E?i WCL IU4WW' I bUCi Nx of VlFl CAa i CAMMM MIX I xxxxx bG O i U a I FN Wq i01NA UINA 0000 w pHpAp i w..,G• HZ NZ oAH HW in W Iz U WU VW i H �4 W W 1 0 1 U) N+O1 P A IV Z H M w- 0W,Gi aki I N N H,-gOmwNw 1 ri rI �Cuwwm .. .. r 1n In HO O r N17MV}r A SiA 1 Ne9+ tl H H I U401 HO WE+O t Irl, Ii O E! I M •MH WHt, I N N H W I l7 Gl O9 �1 A WAS 1 0Q�-1 ri Ei pp H I W Eich ••O U00 I CIrI si H a+ I N P4 +�MIR A U ca u I U o 0 W U 1 E+�W0 r-1 AEm I rho 0 H O 0 I eA pr.]WHUN O ZOO 1 a w p HaHU�$C�IJVv1 HUM NH I I = W I HN CA H W 1 I H r-I N I:I 1 1 a I Page 507 of 940 CITY OF BOYNTON BEACH RRQMW y 09wo Dats: RequestIngnt m tect ®. r h Side cwft r t c ID CTSNAPS S*Soww ' BudeeW m Ero � Contm i ct Number; AloT P�1au�p propol!or nd mem pte br!w _ Po r P ---------------- urc a i iDGIMIMOM l Head �purchasing Daft ,Asst City Manager Data� . icityManager .. Datei FwM Quin Page 508 of 940 REQUEST FOR OFFICE . FROM: %dL doe z- Date: *PRIORITY/DATE NEEDED Y: ❑ Copy Work - Number of Copies: [Double-sided/Collated & Stapled/ ] Distribution: - - - ❑ Type from the attached/transcription tape/email(to be forwarded upon request) ❑ Request for 121/Direct Pay Req.for the attached - Vendor or Person to be reimbursed: - _ -- - - Account Number: - - - - Project No.: - Request for Requisition - Vendor: - - -- Project No.: �5 !'� Account Number: -____ List Items w/Quantities& Unit Costs on the back of this request. ❑ Verbal Quotes($500 to$1,999): Vendor: Cost: Vendor: Cost: Vendor: Cost: ❑ Written Quotes ($2,000 to$9,999.99)-Attached. ❑ Written Quotes ($10,000 to$24,999)w/Purchases over$10,000 Form-Attached. ❑ Bid/City(Over$25,000): Bid# _ -- ❑ Bid/Other Entity(Over$25,0.00): Bid#, Bid Eff. Dates, & Bid Quotes-Attached. ❑ File : ❑ OTHER: Special Instructions:/` ` 4'M SLS v Request completed by: Date completed: Please sign and urn this form the Off! s Inbox; feel free to make any comments below. Page 509 of 940 �4 ALPHA FENCE SPECIALISTS PERMITYET NEEDED ^' tractDATE�WRITTEN I IN UP7 555 West Ocean Avenue - Boynton each, L 33426 READY DATE: WHERE_,•. ...... Office 561.738.9966 � Far 561.738.9919 E-mail.-admin@alpha-fence.com S License U-8456 CBC-1261750 S NAME u NEeWI�,4r� SUBDIVISION CONTACT: v A ESS I .. 11�v..... r i M wad ADDRESS: s n. CITY a. 4CITY: a d ' ONE#_ u _...._._........ PHONE# 15GI _ al v 6 .. ................. FAX# rAc., ol-, ' = ALUM 0 P.V.C. 0 WO .------ CHAIN c AIN LIN ttQQ. TYPE qr COLO HEIGHT , FOOTAGE yc�� �- ( � T r v+n r GATES.. M . _. _ SELF-CLOSING i _ TERM. POST_ _1 C1v5� � IN GROUNDCORE DRILL Uy �� FLOOR.FLANGE. ®WALL MOUNT. NOTES e 5 SC, N 0 Wa COST OF FENCE ' " D oo,-'v PERMIT FEE: $._ _ � Dr, o ' TOTAL: 50% DEPOSIT _ � � a , '" _. .m....._.... r BALANCE DUE UPON COMPLETION:SUC r7J=�, q5 N ,�.. CONDITIONS ARE SATISF'AC'TORY AND HEREBY an Acct laid:'THE AB()t F PRI('E=5,SF 1;C'JI�1C'ATIOhS AND ACY'EPTI:D. YOU ARE AUTHORIZED TO DO THEWORK AS SPECT 11:D. PAYMF-:NT W11.L 13E MADE AS OU"I- ® 7 (6, 6 0` 1.1NED. b� DATE:_ 1cSr►)• 1 CUSTOMER: Y� SIGNATURE:.. ✓' - - {® y Duk SALESPERSON SIGNATURE: Page 510 of 940 Mootz, Gail From: ty@alpha-fence.com Sent: Monday,August 06, 2018 9:08 AM To: Mootz, Gail Subject: RE: FW: Quote Request (115 N. Federal Highway) r They are included. PDS slats will be$15 per foot. Windscreen ill be$8 per foo . Let me know if you want me to rewrite the estimate to include PDS and or Windscreen. Thanks Ty Croce Alpha Fence Specialists 555 West Ocean Ave. Boynton Beach Florida Office 561-738-9966 Fax 5617389919 X� 01 Cell 860-801-1462Email ty@alpha-fencecom -----Original Message----- From: "Mootz, Gail'<MootzG@bbfl.us> Sent: Monday,August 6, 2018 7:09am To: "ty@alpha-fence.com"<ty@alpha-fence.com> Subject: RE: FW: Quote Request(115 N. Federal Highway) Good Morning Ty, Quick Question on your quote, on the left side under the "Notes" section you have asterisked line posts-2",terminal posts-2-1/2",gate posts-4",top raill-5/8", and bottom tension wire-9ga are these items included in you quote or will these be an additional cost? If these are additional items, I need for your quote to include them. If you do not mind would you give me a price for windscreen and slats. Thanks Gail Gail Mootz Project Supervisor Public Works, Facilities Maintenance City of Boynton Beach 222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6223 Ea MootzG@bbfl.us r" http://www.boynton-beach.org/ i Page 511 of 940 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. From:ty@alpha-fence.com<ty@alpha-fence.com> Sent:Saturday,August 04,2018 3:13 PM To: Mootz,Gail<MootzG@bbfl.us> Subject: RE: FW: quote Request(115 N. Federal Highway) Here is the updated quote. I added the panic hardware and core drilling. Also I noticed that on the original drawing the lines end at what look to be concrete pillars, which I didn't notice the first time around. So I added three terminal posts to accommodate. Also on the original estimate there was mention of PDS slats/Windscreen, please let me know if this will also need to be added. If you need anything or have questions please reach out at anytime. Thanks, Ty Croce Alpha Fence Specialists 555 West Ocean Ave. Boynton Beach Florida Office 561-738-9966 Fax 5617389919 Cell 860-801-1462 Email alpha-fence.com -----Original Message----- From: "Mootz, Gail"<MootzGbbfl.us> Sent:Thursday,August 2, 2018 10:50am To: "ty0plpha-fence.com"<t alpha-fence.com> Cc: "Greco-Arencibia,Adrianna"<Greco Aren0[P bbfl.us> Subject: FW: Quote Request(115 N. Federal Highway) Good Morning Ty, It was good speaking with you this morning about your quote for 115 N. Federal Highway. There are a couple of items that need to be included in the quote that you have as extras in your note section. Please include the core drilling of the line, terminal, and gate posts, also include the stainless steel panic hardware for 2 48" self-closing walk gates. Please resubmit to me your updated quote upon completion. Respectfully requested. Gail �' Gail Mootz Project Supervisor Public Works, Facilities Maintenance City of Boynton Beach 222 N.E. 9th Ave. I Boynton Beach, Florida 33435 ,� 561-742-6223 2 Page 512 of 940 ALLIED ALUMINUM&RAILING Date: AuALLIEDgust 13,2018 1499 SW 30th Ave. Suite#19 sales alliedaluminum.us AW Boynton Beach,FL 33426 License#U-17525 (561)736-3857(p) (561)736-3861(fax) License#94-7491-FX WWW.ALLIEDALUMINUM.US & , ONE Ei Proposal Submitted to: Clty of Boonton Beach Community Name: Trailer Billing Address: 222 NE 9th Ave Gated: Yes No Code# City: Boynton Beach State: FL Zip: 33435 Job Site Address: 115 N Federal Hl�way _ Phone#: Business: Boyynton Beach,FL 33435 Fax# Cell: Job Contact: Gail Mootz Total FootageD ❑ Lof_ Email: moofzata7bbfl.us Job site Phone#: (561)307-2185 ALL FENCE LINES MUST BE CLEARED BY CUSTOMER PRIOR to installation. A trip charge may be added to contract price If crew is unable to start installation and must return at a later date.Allied Aluminum is NOT responsible for broken sprinklers or lines. Customer is responsible for obtaining Homeowner Association approval,and all necessary paperwork required for permit. Customer is responsible for the electrical grounding of fence and for landscaping if applicable. Chain Link N Wood ❑ PVC ❑ Steel ❑ Repair ❑ Other: CHAIN LINK Height: Eft WOOD - PT Height: PVC Height: Black vinyl chain link fence VSB BOB STO PRIES Color: DE FT OTHER: Vendor: �._. Color:Black Post space: Oft 6ft 8111 Style: Gauge: 9ga finish(Res-Grade) Gate frame: Metal ❑Wood❑ Gate: width Coil Wire [j Top IS Bottom Gate Hinge Post: 4X4 4X6 6X6 Top Rail: ❑ 1-3/8" 1-5/8" DRAWING NOT TO SCALE Bottom Rail: ❑ 1-318" 10 na Gate with Panic I= Middle Rail: ❑ 1-3/8" IN na Hardware 18ft Dirt!Ashpalt/core drill into concrete Brace&Truss: ❑ Yes No Line Post: 2" 0.065 Cor Post: 2-1/2" 0.065 Gate Post: 4" Pipe 45ft End Post: 2-1/2" 0.065 Walk Gate: 4ft with frame Drive Gate: 12ft Size Double Swing 12ft i_____' 12ft i____! 12ft Windscreen/PVT Slats ❑k es No 9tt Color: 1 Barb Wire: ❑ YOM No L Concrete in Ground: E Yes❑No �,- Core Drill: n Yes No I I Plate Mount: ❑ Yes No Hinges: Std r Latch: As listed I,r I Self Closing: Na �i� Drop Rod: Na ;, � ,i� r� " �,}{` it �r lostt Pool: - 13 V--_100N 0 j PAYMENT TERMS BLACK CHAIN LINK 9ga FINISH 1 I Price $ 15,350.00 55ft It m onq At Cost if 60ft Est Permit Fee Re 'd Est Other Fees $ - Remove existing chain Link and install approx 342ft of 6ft 9ga finish BLACK Total $ 15,350.00 chain link fence with 1-12ft double gate,and 2-4ft self closing walk gates Deposit with Stainless Steel panic hardware installed. COD $ 15350.00 A 3%surcharge shall be added to all credit card purchases BALANCE PAID TO CREW UPON COMPLETION_ _ Customer responsible for sprinklers,electrical grounding,HOA approval and landscape. Comments/Directions: _ To whom it may concern:Permission is hereby granted to ALLIED ALUMINUM,INC to act as my agent and to sign on my behalf as required to obtain necessary permits,easement agreement,landscape agreement,hold harmless letters,drainage permits,and indemnity letters that may be required to obtain permits from the city,county or other authority for installation as stated above. Both sides of this proposal/contract must become an attachment/exhibit to any other written contract. I/We have read both the front and back of the foregoing proposed contract and accept the same on the terms and conditions printed on the reverse side and as stated above. Allied Representative Mike Brown 561880-1144 Owner/Representative Approved by Print Name Date: Page 1 of 2 Page 513 of 940 TERMS and CONDITIONS For the price stated,ALLIED ALUMINUM 8 RAILING INC.(hereafter ALLIED),agrees to fumish all material and labor for the job described on the front.Any representation by ALLIED regarding an installation date is for the Customer's convenience and is an approximation only.The installation schedule changes daily due to circumstances both within and beyond ALLIED's control due to weather,permits,easement agreements,progress on prior scheduled jobs,obtaining paperwork from customer,measurement of custom orders,delivery of materials,"acts of Gad,labor,etc.No statement,warranty,implied or expressed,representation or agreement,written or verbal,not appearing upon the face of this contract shall be binding upon the parties hereto. (if applicable)All installation dates are contingent upon approved shop drawings and final field measurements. - This proposal does not become a contract until accepted by an officer of ALLIED and,If not accepted,any payment will be returned.Price,terms,and other elements of this proposal are good for 10 days from the submitted date and void thereafter at ALLIED's option.ALLIED expressly reserves all contractor's,mechentes,and material man's lien rights,which may be asserted under any provisions of law to secure payment of the contractor's price and may assert and fix the same as a lien upon real property on which Installation is made.In any litigation arising out of this agreement,ALLIED shall be entitled to recover reasonable attorneys fees and court costs,including but not limited to costs associated with the collection of payment due. it is agreed between parties that in the event of a lawsuit,venue(ALLIED's discretion)shall lie in Palm Beach County or Broward County Florida. Customer agrees that all materials remain the property of ALLIED unfit fully paid for.After 30 days,1.1/2%interest charge per month,18%annual may be charged on past due Invoices at ALLIED's discretion.ALLIED is granted and guaranteed unobstructed access and the customers irrevocable permission to enter the property and to remove same If not completely paid for when due. In case the buyer shall become insolvent,refuse or neglect to pay for the material herein provided,ALLIED may at its option,without process of law,retake possession of any or all material wherever the same may be found.Products stored for an extended period of time(over 60 days)are subject to storage charges and Increased labor charges when installed.After 180 days,If customer has not contacted ALLIED regarding long term storage of material.ALLIED may consider the contract void,Bre deposit is forfeited and any additional costs are promptly due to ALLIED. The purchaser agrees that the fence lines will be clear of obstructions for a minimum of two(2)feet an both skies of the proposed fence lines,and that the lines will be property marked by the purchaser by stakes or otherwise. If the fence line is not clear when the crew arrives,the crew may clear the fence line and the purchaser agrees to pay$50 per man hour for this service and to hold ALLIED harmless for damage while Gearing the fence line(including damage to landscaping).This will keep the crew working and avoid extra trip charges.Charges may apply it the installation crew arrives and the site is not ready for installation.it is further understood that the customer is responsible for underground cables,sprinkler systems,pool piping,and all public and private utilities including underground Installations such as electric conduft,cables,septic tanks,propane tanks,fiber optic cables,etc.and for the expense of the same.Allied is not responsible for damage to carpets,tile,walls or asphalt.The owner of the premises,or signer, agrees and assumes full responsibility for drilling,screwing,and lagging into cement walks,sea walls,roofs,and or any poured concrete structure of building. The purchaser agrees that the price quoted herein Is based upon average ground conditions,and does not contemplate the encountering of rock,swampy conditions,boulders larger than the holes to be dug,or unusually difficult digging.If these conditions are encountered and if it is necessary to drill,rent equipment or pay extra labor for the setling of posts or the installation of the fence,ALLIED shall be entitled to recover from purchaser the cost plus ten percent(10%).If the use of a digger with auger attachment Is required the customer is aware,accepts,and understands that the tires of this equipment may likely damage the lawn and sprinklers.Purchaser agrees and is obligated to pay for extra material and labor that has not been listed in this contract. Some permitting authorities require electrical grounding and landscaping of fence areas. If electrical grounding or landscaping is required for the final inspection by the building department,it is the customers responsibility to accomplish same and notify ALLIED when they are complete so that the final inspection can be obtained.Any fees or charges incurred by ALLIED due to customers failure to complete,or delay in obtaining same,will be the customers responsibility,and paid or reimbursed to ALLIED.Under no circumstance will final payment be held while waiting for a building department final. The customer agrees to provide and is responsible for obtaining all paperwork and farms required by the various building departments,or drainage districts in order for ALLIED to obtain necessary permits.This includes but is not limited to:Homeowners Association(HOA)approval,warranty deeds,survey(sealed or unsealed),signed easement agreements,etc.Any costs associated in obtaining necessary paperwork is the customers responsibility. It is the responsibility of the Customer to order the appropriate fence, gate,or railing that is approved by the HOA.If the purchaser does no supply a survey,the purchaser agrees to be responsible for the location of the fence and the location of the property stakes. If a surveyor is required to mark property lines and/or comers,it is the responsibility of the customer to obtain the surveyor and pay all costs associated with same. All measurements shown on the front of the contract are approximate.The actual measurements may vary.Custom gates,rails,fence,etc are exactly that:custom.Material may vary,installation procedures may change,and designs may after from the contract based upon final measurements,or field conditions encountered.ALLIED shall make any changes which in our judgment may be necessary while on the jorsfte in order 10 properly manufacture and install the materials.Any changes or deviations from the above specifications or quantities requested by the customer during installation,may require a change order or changes to the permit. If changes are required,the customer is fully responsible for costs.0 the changes are not allowed,the customer will be fully responsible for material,labor and tees required to re-install as per the building department requirements. The permit charge included with this estimate is for standard city or county permits only.The Customer agrees to pay for any additional costs associated with this permit. Additional costs may included Increased permit fees,courier charges,and special approvals such as:drainage district permits,Notice at Commencements,variances,plan revisions,community appearance boards,etc. All materials specified herein shall be free from defects In manufacture and workmanship and shall be warranted against same for a period of one year.Warranty does not cover acts of God,lightning,floods,vandalism,wind,hurricane,abuse,misuse or any failure not arising from the normal use of the product.ALLIED makes no warranty of merchantability or fitness of these product for any particular purpose..ALLIED is not responsible for,and customer agrees to indemnify and hold harmless ALLIED from any damage arising from any personal injury of Incidental or consequential damages of any kind that may arise out of the use of these products. Wood Is a natural product.All posts,regardless of species of wood will eventually split or crack.The natural drying process causes shrinkage and warpage of wood.Wood changes color when it ages,and may also appear blotchy due to mold,mildew or water stains.All wood fence weights and sizes can only be approximate.Gaps can develop between slats as the wood swells and shrinks.All wood slats can have minor(less than 6")splits or cracks in them.Customer Is responsible for staining or painting of the wood. CANCELLATIONS:The buyer has the right to cancel this contract.Home Solicitation(if Applicable):This is a home solicitation sale,and If you do not want the goods or services,you may cancel this agreement by providing written notice to ALLIED in person,by telegram,or by Certified mail.This notice must Indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day after you sign this agreement.If you cancel this agreement,the seller may not keep all or part of any cash down payment.There are no cancellation forms.A letter from the person signing the contract is sufficient to authorize cancellation.There are exceptions to this cancellation policy.Florida statutes sections 501.02&501.055. IN ALL CASES,at sellers discretion,if the order Is canceled after 72 hours,15%of the contracted amount in addition to any hard costs such as special materials,cost of labor in preparation of contracted work,fees,and permit services will be charged against the customers deposit.The balance will be promptly returned to the customer. 1 I� i ~ i € t 1 l 1 asci i a Yr �1 Page 2of2 Page 514 of 940 ootz, Gail From: Pamela Garib <pam.g@fencingpalmbeach.com> Sent: Thursday,August 02,2018 3:56 PM To: Greco-Arencibia,Adrianna Cc: Mootz, Gail Subject: Fwd: FW:Quote Request Pamela Garib Superior Fence & Rail of Palm Beach 1420 Neptune Drive, Suite G Boynton Beach, FL 33426 (561)513-5095 Where Quality Matters! ----------Forwarded message---------- From: Jeff Milano<j_eff, cin I)gLrpbeach.com> Date: Wed, Jul 25,2018 at 10:38 PM Subject: Re: FW: Quote Request To: Pamela Garib n �cr, s mbeach.com> Cannot give quote at this time. Jeff Milano Superior Fence On Wed, Jul 25, 2018 at 8:36 AM,Pamela Garib < fenci )almbeach com>wrote: Pamela Garib Superior Fence& Rail of Palm Beach 1420 Neptune Drive, Suite G Rpynton Beach. FL 33426 561)513-5095 Where Quality Matters! ---------- Forwarded message---------- From: Greco-Arencibia,Adrianna <Greco ArencibiaA(o bbfl us> Date: Wed, Jul 25, 2018 at 6:46 AM � Subject: FW: Quote Request To: "pAm.g Ld:fencAgpftbeach com" <pam.u;r�fencin almbeach.corn> Good morning, 1 Page 515 of 940 I never received a quote from your company. If you do not wish to supply a quote,please respond by saying, "Cannot give quote at this time". If you can supply a quote, please submit before 11:00 am today. Thank you Adrianna Greco-Arencibia Assistant to Director Public Works/Solid Waste City of Boynton Beach 222eN.E 9th Ave. I Boynton Beach 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 to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Greco-Arencibia, Adrianna Sent: Friday;July 20, 2018 12:07 PM To: 'l�am.s,,rFi,fencin 4lmbeach.com'< am Pt'i fenci gpalmbeach.com> Subject: Quote Request Importance: High Hi Pam, Per our conversation, if you could please supply us with a quote for the attached as soon as possible. Thank you From: Biahub Sent: Friday,July 20,2018 1:31 PM 2 Page 516 of 940 Grow-Arendbla, Addanne Front Greco Arendble,Adrianne Soft Wednesday,July 25,2018 bAG AM TO: 'Pam.9 ncingpaim h.com' I FW:Quote Request Attachawntc SKM-C3681=2012300.pdf knportancir. High Good morning, I never received a quote from your company. If you do not wish to supply a quote,please respond by saying, "Cannot give quote at this time. If you can supply a quote,please submit before 11:00 am today. Thank you From.,Greco-Arencibla,Addanna Sent:Friday,July 20,2018 12:07 PM To:'pam.g@fendngpalmbeach.com'`Pam-g fendngpalmbeach.com> Subject.:Quote Request Importance.*,High Hi Pam, Per our conversation, if you could please supply us with a quote for the attached as soon as possible. Thank you From:Blzhub Sent:Friday,July 20,20181:31 PM To:Greco-Arencibia,Adrianna<G o.- m Sub :Mea from KM_C368 a nciblaA bbfl < ,us>;Mack,Andrew MackAfw bbfl.us> l it Y1 Ck 6e- Sk3 Page 517 of 940 1 Mootz, Gail WIN From: Pamela Garib <pam.g@fencingpalmbeach.com> Sent: Thursday,August 02, 2018 3:56 PM To: Greco-Arencibia,Adrianna Cc: Mootz, Gail Subject: Fwd: FW: Quote Request Pamela Garib Superior Fence & Rail of Palm Beach 1420 Neptune Drive, Suite G Boynton Beach, FL 33426 (561) 513-5095 Where Quality Matters! ----------Forwarded message---------- From: Jeff Milano<'e� ff milano((-t fencin lmbeach.com> Date: Wed, Jul 25,2018 at 10:38 PM Subject: Re: FW: Quote Request To: Pamela Garib <J?aM L.Li fencin I)almbeach.com> Cannot give quote at this time. Jeff Milano Superior Fence On Wed, Jul 25, 2018 at 8:36 AM, Pamela Garib < as m. fencin almbeach.com>wrote: Pamela Garib Superior Fence & Rail of Palm Beach 1420 Ne tins ne Drive, Suite G Boynton Beach FL 33426 561) 513-5095 Where Quality Matters! ---------- Forwarded message---------- From . CJul5, 2018 at6:46 AM Anna<Greco-ArcncbiaA Date: Wed �ca,��bbfl.us> Subject: FW: Quote Request To: "yam. (afcncmlmbeach.com" < m„ g.fcncinalmbeach.com> Good morning, 1 Page 518 of 940 6.L. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Legal Expenses-August 2018- information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Due to technical difficulties Risk Management was not able to include outside counsel invoices and therefore they will be provided in next month's review. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Summary-Goren General Aug 2018 D Attachment Goren Cherof Doody & Ezrol August 2018 1 nvoices Attachment Summary-Goren Risk Aug 2018 Attachment Goren Cherof Doody & Ezrol Risk Litigation August 2018 1 nvoices Page 519 of 940 Goren, Cherof, Doody& Ezrol, P.A. -August 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 137.2 Hours 17,500.00 Labor-general 1,927.00 Red light camera 1,075.45 Special Fire Assessment 430.50 Unsecured Creditors of Tribune 0.00 Memorial Park Replat 0.00 Litigation 7,084.00 Model Block Right of Way 0.00 Christopher Parker et al Fed Class Action 102.50 Olen Properties Corp 0.00 adv Howell,Jeannett vs Deutsche Bank 123.00 Ryan, Ronald EEOC charge 20.50 adv. Secured Holdings, Inc. 307.50 adv Federal Natl Mortgage (Cleveland, Darren) 82.00 Predelus, Love (HUD Complaint) 430.50 adv JP Morgan Chase Bank (Barnes Potter) 82.00 Po Ying Sem,Trustee (Stanley, Edmund) 0.00 Purchase of Trop Breeze Est Utility System 369.00 Paradise Bank(Sefton, Howard & Beth) 82.00 Secured Holdings 0.00 Brescia, Brandon, EEOC Complaint 123.00 Town Square 21,214.50 Purchase of Parry Village Util Syst 184.50 US Bank Natl Assoc(Demore,Julie) 61.50 Wells Fargo Bank, NA(Lorme, Gilbert) 0.00 Bacardi, Falon (RLC Appeal) 164.00 Melo, Vinicius (Grievance) 123.00 Sale to Habitat for Humanity 123.00 Sale to CDC 123.00 Costas, Ivan Daniel (Firearms Petition) 2,523.75 US Bank (Jackson, Alissa) 0.00 Purchase of Col Est Utility System 0.00 TOTAL General Legal Costs-August 2018 54,256.20 Page 520 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0005370 Boynton Beach FL 33425 STATEMENT NO: 21624 Attn: Lynn Swanson Special Fire Assessment HOURS 08/15/2018 MDC Review Preliminary Assessment Resolution; remind City Clerk re: publishing deadline. 0.30 08/16/2018 MDC Review status of published notice, revise and forward to City Clerk; exchange email updated with TH, update JAC. 0.40 08/31/2018 MDC Review materials, prepare Assessment Resolution for 9/11 meeting. 1.40 FOR CURRENT SERVICES RENDERED 2.10 430.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 2.10 $205.00 $430.50 TOTAL CURRENT WORK 430.50 BALANCE DUE $430.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 521 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603180 Boynton Beach FL 33425 STATEMENT NO: 21625 Attn: Lynn Swanson LABOR- General HOURS 08/02/2018 JAC Attend and follow up Corum pre-D. 1.50 08/03/2018 SHB Meeting with Chief Gregory re: police legal advisor matters. 3.00 SHB Telephone conference with Oldbury re: pending matters. 0.60 08/06/2018 SHB Telephone conference with Oldbury re: various employment matters. Review pending pre-d and provide comments to Oldbury. Discuss workplace investigation matters. 2.00 08/08/2018 SHB Receive, review, and revise background check policy. Discuss with Oldbury. Discuss HR investigation matters with JAC. 2.30 FOR CURRENT SERVICES RENDERED 9.40 1,927.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.50 $205.00 $307.50 SHANA H. BRIDGEMAN 7.90 205.00 1,619.50 TOTAL CURRENT WORK 1,927.00 BALANCE DUE $1,927.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 522 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 21626 Attn: Lynn Swanson Red Light Cameras HOURS 08/02/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 3.00 08/03/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.20 FOR CURRENT SERVICES RENDERED 5.20 1,066.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 5.20 $205.00 $1,066.00 Photocopies 9.45 TOTAL EXPENSES THRU 08/31/2018 9.45 TOTAL CURRENT WORK 1,075.45 BALANCE DUE $1,075.45 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 523 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9001821 Boynton Beach FL 33425 STATEMENT NO: 21627 Attn: Lynn Swanson General Matters HOURS 08/01/2018 JAC Onsite; office administration and research; agenda item review and approvals. 3.80 SHB Various correspondence and telephone conferences with City staff re: PCG/Intermedix agreement matters. 1.00 08/02/2018 DNT Telephone call with Mike Rumpf re: HAM Radio and TV antenna ordinance; revise HAM radio and TV antenna ordinance; transmit wireless communication facility ordinance to industry attorneys. 0.70 JAC Onsite; office administration; conference re: dogs on beach. 3.30 08/03/2018 IS Continue to research Monarca development R/W concern -discussion with JAC re: same - provided guidance to staff pursuant to conversation with JAC; 1.20 DNT Follow up with city staff and industry attorneys re: consideration of ordinance amendment wireless facility provisions. 0.60 08/06/2018 IS Telephone conference call with staff re: Monarca development; Drafted instructive email to staff re: Monarca project pursuant to teleconference of 08/06/18 0.60 JAC Document file review regarding retention, destruction and transfer; review/research posting notices. 3.50 DNT Telephone call with industry attorneys re: wireless communication facility ordinance; telephone call with Katie Hatcher re: wireless communication facility ordinance; dictate and review emails re: continuance of ordinance to next meeting. 1.40 08/07/2018 RAA Research case law and statutes re: compliance with American's with Disabilities Act. 0.50 JAC Onsite office administration, attend staff meeting. prepare for and attend Commission meeting; follow up regarding PBC Commission on Ethics issue. 6.60 JFK Review SRO agreement exhibit re education records; research re FERPA requirements for education records; conference with JAC. 0.80 08/08/2018 IS Complete Cyber Security Training 1.00 DNT Dictate and revise ordinance related to wireless communication facilities. 0.90 SHB Follow up with BB re: "scrutinized company" contract matters. 0.60 Page 524 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 21627 General Matters HOURS 08/09/2018 JAC Review Hypoluxo agreement issues; review rate adjustment ordinance and resolution timing; review pending assignment and budget issues; review records retention matters and logs. 3.30 SHB Telephone conference with Woods re: Homing Inn, nuisance abatement ordinance, and other pending code matters. Receive and review additional backup documentation. Various correspondence with planning division re: title for habitat Villas. Follow up with Miner re: PRR matters. 2.50 08/10/2018 IS Conference with JAC re: Amendment re-write of noise ordinance; Research noise ordinances in other cities and look for model noise control ordinance in order to re-draft entire section of city code; Begin drafting new sections 2.50 SHB Follow up re: animal control ordinance matters. Attend Chronic Nuisance meeting at City Hall with representatives from Homing Inn. 3.60 JAC Review noise ordinance issues and rewrite options; review assistant City Attorney assignments and tort defense issues; call with LL re: Lease issues. 4.70 08/13/2018 IS Continue re-draft of noise ordinance with BB City Code 1.30 JAC Review pending assignments and Assist City Attorneys tasks; review procurement matter; research 119 issue and body cams; review RLC program stats; miscellaneous election research and prepare for vacancy issue. 3.80 DNT Review status of request to foreclose property with Brian Sherman. 0.30 08/14/2018 JAC Onsite office administration; continue file/document review for retention/destruction/move; prepare for and attend Commission meeting re: Library storage lease; agenda item review. 5.50 SHB Follow up with PD re: various pending contract matters. 1.00 08/15/2018 SHB Follow up re: various PRR matters. 0.60 SMS research regarding water rates by resolution; review nexium terms and conditions 1.60 BJS Follow up with Scott Harris and begin draft workflow re: Forfeitures 0.60 JAC Prepare Build Board training material; review mails/memos; document review re: retention; review CRA related issue and funding-annexation; calls re: SCRWTB bond issuance and City role-responsibilities; review budget and fire assessment issue. 4.50 08/16/2018 BJS IS Draft re-write of entire noise ordinance per JAC direction 1.30 SMS review of water rate statutes for changing of rate notice requirement 0.80 RAA Receive/review contract on hydrologic surveying with requested edits; Confer with Attorney Cherof re: same. 0.50 SHB Various correspondence with Coles-Dobay re:virtual reality artist agreement. Review and revise agreement; follow up with Coles-Dobay. 1.00 JAC Onsite office administration and file review; prepare for and attend training session with Building Board of Rules and Appeals. 5.20 08/17/2018 IS Telephone conference call to city staff re: update on landfill project (LVM) 0.20 Page 525 of 940 Page: 3 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 21627 General Matters HOURS JAC Offsite document management associated with move; review revisions to library lease; prepare for Hypoluxo water and sewer agreement meeting with Len Rubin and Colin. 2.80 08/20/2018 JAC Onsite office administration; attend senior staff meeting; review library storage lease; review records management issues and options; review and prepare for Commission meeting; follow up re: ethics option. 4.80 08/21/2018 SMS review of texium/dynalink agreement; call and email with attorney for dyna link; review of updated agreement from Dyna Link; call with the city regarding dynalink agreement and previous vendor; review of windstream vs. dynalink agreements 1.80 RAA Confer with Attorney Cherof re: K-9 transfer agreements and review and analyze additional case law re: potential concerns. 0.70 JAC On site preparation and attend Commission meeting; office move activity/file review. 6.80 08/22/2018 RAA Confer with Attorney Cirullo re: K-9 bill of sale; Review and analyze statutes and regulations re: sale of dog; Receive/review notice of claim re: property damage caused by tree. 1.30 JAC Review Assistant City Attorney assignments; review pleadings-pending cases. 2.20 08/23/2018 BJS Legal Research and follow up re: Public Records Requests 0.40 RAA Additional review of statutes re: intrastate sale/transfer of animals; Review and analyze applicable case law and statutes re: indemnification; Draft K-9 transfer agreement and confer with Attorney Cherof re: same; Correspondence to assistance police chief re: agreement. 2.80 JAC Agenda review; ACityAtty conferences re: assignments/audit pleading index. 2.80 08/24/2018 BJS Follow up re: Public Records Request, review correspondence from Chief Gregory re: Firearms 0.40 JAC Onsite Conference with TH, LL and JO re collective bargaining: onsite organization of new office; document-file management. 6.90 08/25/2018 BJS Begin draft workflow re: Forfeitures 0.70 08/27/2018 SMS review of art event use agreement and correspondences 0.40 JAC Onsite office administration; review P&D member conflict; review Code of Ethics and Mayor inquiry re disclosures; file management issues. 4.60 08/28/2018 SMS review of Planning and Development agenda for meeting; meeting regarding P & D board agenda; review of code regarding annexation and P and D board; P and D board meeting 3.30 IS Conference with JAC to discuss BB Noise Ordinance Re-write 0.40 JAC Confer with IS re noise ordinance; review lease issues, tax issue, related Town Square issues; review new assignments and cases; review Robinson trial setting issue and trial preparation status. 3.80 Page 526 of 940 Page: 4 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 21627 General Matters HOURS 08/29/2018 IS Telephone conference call with staff to provide update on noise complaint issue; Conduct research on bringing suit for disturbing the peace due to a noise violation; Send draft of noise ordinance to staff for review/comment 1.30 RAA Review correspondence history re: request for hold harmless agreement for use by fire department; Review notice of intent from Palm Beach County Fire Rescue; Review worker's compensation statute re: relevant considerations; Draft individual and public entity agreements. 3.10 JAC Agenda preparation; trial oversight with TD. 2.80 SHB Follow up with Clerk, PD, and City Manager re: PRR notice on City website. Michael Smith - receive and review municipal prosecution documents; prepare and file nolle prosse. 0.70 08/30/2018 SMS review of invoice correspondences for PO with Williams Scotsman; research regarding taxes on leases and personal property 1.10 JAC Agenda review and preparation; review revised noise/sound ordinance; review procurement drafts. 2.60 SHB Receive and review various agenda items. Police: follow up with Chief Gregory re: agreement for officers to carry firearms in Palm Beach County courthouses. 3.00 08/31/2018 SHB Review case law re: federal funding matters; discuss with JAC. 0.60 JAC Review-research and reply re certification of compliance-CFR; miscellaneous call re same; Budget and agenda preparation; review pending assignments; review Bamboo Lane issues. 3.80 FOR CURRENT SERVICES RENDERED 137.20 17,500.00 TOTAL CURRENT WORK 17,500.00 BALANCE DUE $17,500.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 527 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 21628 Attn: Lynn Swanson Litigation Miscellaneous HOURS 08/01/2018 TAD Meet and confer with the City re: claim issues and litigation matters. Receipt of correspondence re: claim resolution and release. 4.80 08/02/2018 BJS Meeting with JAC and telephone call with SB re: forfeitures, follow up on pending matters, draft update correspondence to Scott Harris 0.80 08/03/2018 BJS Review correspondence and follow up re: Rohan Roy Wauchope/ Forfeiture 0.30 08/06/2018 BJS Telephone call with Scott Harris, review pending forfeitures, follow up with Lynn Swanson re: meeting with Chief Gregory, telephone call with Brad Weissman 1.40 TAD Receipt and review of correspondence from potential claimant re: issues and prepare correspondence to City re: same. Confer with City re: report and potential claim. 0.40 08/09/2018 BJS Draft follow up correspondence re: 08/10/2018 BJS Prepare for and attend meeting with Chief Gregory re: Forfeitures 4.00 08/11/2018 BJS Follow up from meeting with Chief Gregory 0.20 08/13/2018 JAC Review pending tort defense cases and status. 0.80 08/14/2018 TAD Receipt and review of lease terms. Confer with SMS re: lease issues. Confer with City re: claim information and status. 1.30 08/16/2018 TAD Receipt and review of correspondence re: public records request. Receipt of correspondence re: records responsive to request and records. 0.90 08/17/2018 TAD Extended telephone conference with City re: request for information from City manager and media. 0.30 08/20/2018 TAD Receipt and review of correspondence re: lease issues. Confer with SMS re: same. 0.30 08/21/2018 TAD Receipt and review of incident report (Ocean Ridge). Prepare for meeting with City re: claim status and trial issues. 1.60 Page 528 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9904950 STATEMENT NO: 21628 Litigation Miscellaneous HOURS 08/22/2018 TAD Meet with City re: claims. Confer with City employees re: pending issues. 3.60 08/23/2018 BJS Review correspondence and follow up re: Animal Control 0.20 TAD Receipt and review of report and correspondence re: claim for injury. Prepare correspondence to City re: same. 0.80 08/27/2018 BJS Review correspondence and continue review of reprots and records re: City adv. Thomas 0.50 08/28/2018 BJS Draft Petition for Seizure of Animals, telephone call with Liz Roehrich, telephone call with Samantha Fox, and review of correspondence and reports, review State v. Barreca and follow up re: Return of Firearm 3.00 08/29/2018 BJS Telephone call with City Staff and follow up re: Petition for Removal of Animals, telephone cal with Lori Laverriere, telephone call with Respondent, and finalize draft Petition, review and revise draft Contraband Forfeiture Workflow, review plicce reports and follow up re: Return of Firearm with follow up correspondence with City Staff, review of Motion to Return Proeprty 4.40 MDC Review Petition (in re: 2 dogs (Thomas)), provide comments and conference with BJS. 0.80 08/31/2018 BJS Review body camera footage, legal research re: hearsay, draft update correspondence with Liz Roehrich, review police reports 2.50 FOR CURRENT SERVICES RENDERED 32.90 6,744.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 MICHAEL D. CIRULLO 0.80 205.00 164.00 BRIAN J. SHERMAN 17.30 205.00 3,546.50 TRACEY A. DECARLO 14.00 205.00 2,870.00 Photocopies 24.50 TOTAL EXPENSES THRU 08/31/2018 24.50 08/31/2018 Clerk of the Court- E-Filing -77183758 315.00 315.00 TOTAL ADVANCES THRU 08/31/2018 315.00 TOTAL CURRENT WORK 7,084.00 Page 529 of 940 Page: 3 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9904950 STATEMENT NO: 21628 Litigation Miscellaneous BALANCE DUE $7,084.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 530 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905099 Boynton Beach FL 33425 STATEMENT NO: 21629 Attn: Lynn Swanson adv. Christopher Parker, et al., Federal Class Action HOURS 08/20/2018 MDC Review status of federal lawsuit; prepare and forward update to City officials. 0.50 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 531 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905135 Boynton Beach FL 33425 STATEMENT NO: 21630 Attn: Lynn Swanson adv. (Howell, Jeanette et. al.)vs. Deutsche Bank National Trust Company 2540 N. Seacrest Blvd, Boynton Beach, FL 33435 HOURS 08/13/2018 SHB Receive and review Order granting motion to file second amended complaint. Review case status. 0.20 08/14/2018 SHB Prepare and file Answer to Second Amended Complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 532 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905197 Boynton Beach FL 33425 STATEMENT NO: 21631 Attn: Lynn Swanson Ryan, Ronald EEOC Charge 510-20165-02799 HOURS 08/01/2018 SHB Receive sand review EEOC dismissal and Notice of Rights. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 533 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905206 Boynton Beach FL 33425 STATEMENT NO: 21632 Attn: Lynn Swanson adv. Secured Holdings, Inc. HOURS 08/16/2018 JAC Prepare for closed door. 1.50 FOR CURRENT SERVICES RENDERED 1.50 307.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.50 $205.00 $307.50 TOTAL CURRENT WORK 307.50 BALANCE DUE $307.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 534 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905247 Boynton Beach FL 33425 STATEMENT NO: 21633 Attn: Lynn Swanson Purchase of Tropical Breeze Estates Utility System HOURS 08/03/2018 DNT Dictate and review emails re: number of lots having to pay connection fee. 0.50 08/09/2018 DNT Review status of Tropical Breeze Asset Purchase Agreement and response from Michael Low re: number of parcels and delinquency account. 0.50 08/11/2018 DNT Review and revise Asset Purchase Agreement and transmit to seller's counsel. 0.80 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 535 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905248 Boynton Beach FL 33425 STATEMENT NO: 21634 Attn: Lynn Swanson Purchase of Parry Village Utility System HOURS 08/03/2018 DNT Review and revise Parry Village Agreement for acquisition of utility system. 0.90 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 536 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905263 Boynton Beach FL 33425 STATEMENT NO: 21635 Attn: Lynn Swanson Town Square Development HOURS 08/01/2018 SMS call with the city regarding outstanding issues; revise DBIA contracts with straticon; revise sublease for library storage; revise phase 2 amendment; email to dan regarding no resolution for phase 2 amendment 3.40 RLL Attend weekly conference call with DJD and City officials; meet with DJD on title letter to Best& Flanagan; attend conference calls with DJD and Dan Nelson and with Allison Lewis; continue to review documents for City's signature and complete with exhibits; prepare list of questions needed answered by bond counsel; prepare list of missing exhibits to documents. 3.30 LC Organized and created detailed list explaining what information, and exhibits are missing from documents needed for closing 1.00 DJD Address Straticon DBIA Contract terms. Telephone call with City Staff; prepare for closing. 3.70 JAC Bond conference preparation; prepare re: construction phase oversight; review documents. 2.50 08/02/2018 RLL Contact Allison Lewis for written consent from CFP to have Steve Collins sign documents; contact underwriter regarding sufficiency of consent to delete title requirement; prepare LLC affidavit for CFP to sign to satisfy title requirement; attend conference call with DJD and bond counsel to discuss missing exhibits to City documents; follow up with Tim Howard for insurance certificate; follow up with Colin Groff for exhibits to amendment to phase II agreement; coordinate City's wire instructions to be delivered to Dick Ward; review of several revised documents from bond counsel; meet with DJD to review documents for City's signature and list items to be resolved. 6.00 DJD Organize documents; address Title policy; Telephone call with Kate Stangle. 4.20 DJD meeting regarding outstanding issues and phase 2 agreement; review of exhibits to the phase 2 0.80 SMS meeting regarding phase 2 amendment and other outstanding issues; review of phase 2 exhibits for Utility improvements 0.80 JAC Conference with DJD and SS re: pending issues and documents. 1.20 08/03/2018 SMS conference call regarding outstanding issues; review of DBIA with Haskell; review of emails from opposing counsel regarding phase 2 amendment; revisions to the sublease; review of emails regarding final docs 2.40 LC Created an organized list indicating the remaining documents, signatures, and exhibits that are needed for the closing 0.20 Page 537 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 21635 Town Square Development HOURS RLL Further work to complete all documents for City's signatures; attend conference call with JAC, bond counsel and borrower counsel to discuss open issues; prepare costs for closing memorandum; prepare list of open items; confirm with bond counsel the items to be resolved; work with attorney for Masons to receive original signed release of reverter document; follow up on completed estoppel certificate; telephone conference with underwriter on deletion of title requirements; prepare title premium calculation worksheet; prepare marked-up title commitment; prepare for pre-closing. 5.70 DJD Prepare for closing; address open issues, address Sublease for Library. 5.40 JAC Prepare and document follow up regarding bond closing. 2.00 08/06/2018 RLL Meet with DJD and JAC to organize documents to go to City for signature; scan documents to file; several telephone calls to and from underwriter regarding title requirements to be resolved prior to closing; confirm authorization from Steven Gladstone to correct typographical error on release of reverter; review updated title work and work to finalize marked-up title commitment; follow up with property manager for police station property for signed estoppel certificate; obtain approval from counsel for CFP for LLC affidavit; review closing memorandum from Dick Ward; work to revise Opinion Letter; prepare for pre-closing. 4.30 SMS review of bond counsel emails regarding outstanding issues; review of DBIA contracts 0.20 DJD Process documentation; address insurance; Telephone call with Rodney Louis (5) exchange of emails; revise opinion letter; address estoppel letter from Quantum POA; exchange of emails. 5.30 JAC Onsite Pre bond conference, review of documents with Mayor; follow up on document issues. 5.50 08/07/2018 SMS pre-closing meeting; review of Haskell DBIA contracts for DEP; email regarding DBIA contracts liquidated damages clause 3.90 RLL Attend pre-closing; several emails and phone calls to property owners association for police station property to obtain the signed estoppel certificate; work to revise and finalize attorney opinion letters; work to add certification language and parcels numbers to documents to be recorded. 4.00 JAC Prepare for and attend pre-bond issue; closing conference with attorneys; follow up regarding document control. 4.70 DJD Prepare for and participate in closing. 5.30 08/08/2018 SMS email with opposing counsel regarding amendment to phase 2 and the DBIA w straticon; review of DBIA for Energy plant and utility improvements 1.30 RLL Review pro-forma owner's policy from underwriter and compare to marked-up title commitment; contact underwriter with request for correction; work to prepare language to be added to signature page of ground leases pursuant to underwriter's requirements; review emails from bond counsel regarding supplemental change to Official Statement. 1.40 JAC Bond conference preparation; prepare re: construction phase oversight; review documents. 2.50 08/09/2018 SMS review of COI's and required builders risk insurance; follow ups regarding the liquidated damages in DBIA; revisions to the DBIAs for DEP and Utility; review 535 for provisions regarding liquidated damages and early Page 538 of 940 Page: 3 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 21635 Town Square Development HOURS completion bonus; call with Lynn Swanson regarding sublease of library storage space 3.40 RLL Prepare recording of documents in the Palm Beach County public records. 1.00 DJD Finalize outstanding issues; Telephone call with with Kate Stangle and Dan Nelson. File documents. 1.80 DJD Telephone call with Stephen Grava de Peralta, Esq; review file re: title issues. 1.20 08/10/2018 SMS review of new sublease possible terms 0.30 RLL Confirm recording information on documents; prepare owner's title insurance policy and endorsements; telephone call to underwriter to determine contiguity of two parcels. 2.00 DJD Address sublease and COI for Haskell. 1.10 JAC Review lease and closing documents re: construction phase. 0.80 08/11/2018 SMS review of lease terms 0.40 08/13/2018 SMS correspondence with ACM regarding lease of library storage space 0.20 RLL Work to circulate copies of recorded documents to group; review Release of Unity of Title proposed by attorney for JKM. 0.70 DJD Review emails; address Title Policy issues and new Sublease. 1.30 08/14/2018 RLL Review and revise proposed Release of Unity of Tltle from attorney for JKM; review request from attorney for JKM regarding confirmation of authority of individual at Masonic Lodge to sign Release of Reverter; perform corporate search on new name of Masonic Lodge. 0.80 SMS review of sublease for library storage property from Duke Realty; review of texium agreement; meeting regarding subrogation clause; revisions to subrogation clause; call regarding subrogation clause of the lease 2.60 DJD Address Title issue with Mason; Release of reverter and Sublease. 0.60 08/15/2018 SMS review of texium terms and conditions; correspondence regarding lease agreement for library space; review of opposing counsel email regarding insurance on Library lease space 1.10 RLL Review Certificate as to Incumbency and Resolutions regarding signature received on Release of Reverter; telephone call and email to attorney for Masonic Lodge regarding Certificate to be signed by client; work with client to obtain copy of resolution approving transfer of parcels to JKM; work with client to have Release of Unity of Title placed on meeting agenda. 1.00 JAC Document and bond follow up; review lease issues with SS. 1.10 08/16/2018 SMS review of email from HR/RISK manager regarding lease terms; revisions to the sublease; call with CRA attorney regarding library lease space; correspondence with the City regarding library space insurance offer; email to duke regarding lease of library storage space 1.40 RLL Telephone call from counsel for Masonic Lodge regarding signature on document clarifying authority of Eric Hoffman to sign Release of Reverter; contact counsel for JKM to discuss alternate signature from Masonic Lodge's counsel and to request minor revisions to document. 0.40 08/17/2018 SMS review of lease comments from attorney for duke realty; revisions to the lease based on attorneys comments and waiver of subrogation language 0.60 Page 539 of 940 Page: 4 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 21635 Town Square Development HOURS 08/20/2018 SMS call with attorney for duke regarding library storage lease; revisions to lease; call with CM and ACM regarding assuming risk on subrogation; meeting regarding subrogation issue; review of texium agreement 1.10 RLL Work to finalize owner's title insurance policy; telephone call from Florida Department of Transportation with question regarding application for release of road right-of-way. 0.50 08/21/2018 RLL Review executed Certificate as to Incumbency and Resolutions from Boynton Masonic Lodge and forward same to attorney for JKM. 0.30 08/22/2018 RLL Begin work to prepare seller documents for sale of properties to JKM. 0.50 08/24/2018 SMS review of street abandonment issue 0.30 08/27/2018 SMS call with Andrew Mack and review of correspondence from title company regarding abandonement of NE 1st ave 0.40 RLL Email communication with counsel for JKM regarding abandonment of NE 1st Ave for parking garage; prepare recording of Certificate as to Incumbency and Resolutions for Masonic Lodge; follow up with client on status of Mayor's signature on Release of Unity of Title regarding southern parcel to be sold to JKM. 0.70 DJD Address Title related issues. 1.40 08/28/2018 RLL Review updated title commitments on North, South and Central parcels to be sold to JKM; provide copy of recorded Certificate of Incumbency to counsel for JKM. 0.80 DJD Receipt of emails from Dan Nelson re: insurance issues. 0.60 08/29/2018 SMS review of haskell insurance issue regarding insuring full contract value or just cost of work, GC, and contingency 0.30 RLL Review executed release of unity of title to clear title for south parcel of property to be sold to JKM and prepare same for recording in the public records. 0.50 DJD Address Title related issues. 0.80 08/30/2018 SMS review of DBIA with Haskell latest revisions from HAskell 0.40 DJD Address insurance issues raised by CFP; review revised DBIA with Haskell for underground utilities; telephone call with Dan Nelson. 1.20 FOR CURRENT SERVICES RENDERED 114.60 20,637.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 20.30 $205.00 $4,161.50 D.J. DOODY 34.70 205.00 7,113.50 SEAN M. SWARTZ 24.50 205.00 5,022.50 Law Clerk 1.20 85.00 102.00 RACHEL L LEACH 33.90 125.00 4,237.50 Page 540 of 940 Page: 5 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 21635 Town Square Development Color photocopies 16.10 Photocopies 561.40 TOTAL EXPENSES THRU 08/31/2018 577.50 TOTAL CURRENT WORK 21,214.50 BALANCE DUE $21,214.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 541 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905275 Boynton Beach FL 33425 STATEMENT NO: 21636 Attn: Lynn Swanson adv. Predelus, Love (HUD Complaint) HOURS 08/14/2018 SHB Discuss settlement agreement matters with Laverriere. 0.60 08/15/2018 SHB Various correspondence with Rumpf re: settlement agreement matters. 0.30 08/16/2018 SHB Follow up re: settlement agreement matters. Telephone conference with Rumpf. 0.60 08/27/2018 SHB Telephone conference with Laverriere re: settlement agreement and pending matters; various correspondence with Lenson. 0.60 FOR CURRENT SERVICES RENDERED 2.10 430.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 2.10 $205.00 $430.50 TOTAL CURRENT WORK 430.50 BALANCE DUE $430.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 542 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905313 Boynton Beach FL 33425 STATEMENT NO: 21637 Attn: Lynn Swanson adv. Federal National Morgage Assoc. (Cleveland, Darren E., et., al.) HOURS 08/16/2018 SHB Prepare and file Answer to Amended Complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 543 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905314 Boynton Beach FL 33425 STATEMENT NO: 21638 Attn: Lynn Swanson adv. US Bank Natl Assoc, et. al. (Demore, Julie Ann, et. al.) HOURS 08/03/2018 SHB Follow up with opposing counsel re: status of lien release matters. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 544 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905321 Boynton Beach FL 33425 STATEMENT NO: 21639 Attn: Lynn Swanson adv. Bacardi, Falon (RLC Appeal) HOURS 08/22/2018 MDC Review status of appeal, prepare and revise Motion to Dismiss. 0.80 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 545 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905327 Boynton Beach FL 33425 STATEMENT NO: 21640 Attn: Lynn Swanson Melo, Vinicius (Grievance) HOURS 08/14/2018 SHB Arbitration prep. Follow up re: PRR and evidence matters. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 546 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905340 Boynton Beach FL 33425 STATEMENT NO: 21641 Attn: Lynn Swanson adv. JP Morgan Chase Bank, NA (Barnes Potter, Bernice, et., al.) HOURS 08/10/2018 SHB Prepare and file Answer to Complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 547 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905341 Boynton Beach FL 33425 STATEMENT NO: 21642 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 08/02/2018 DNT Dictate and revise purchase and sale agreement. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 548 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905342 Boynton Beach FL 33425 STATEMENT NO: 21643 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 08/02/2018 DNT Dictate and revise purchase and sale agreement. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 549 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905343 Boynton Beach FL 33425 STATEMENT NO: 21644 Attn: Lynn Swanson adv. Paradise Bank(Sefton, Howard & Beth, et.al.) HOURS 08/07/2018 SHB Prepare and file Answer to complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 550 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905344 Boynton Beach FL 33425 STATEMENT NO: 21645 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) HOURS 07/23/2018 SHB Receive and review Brandon Brescia EEOC Complaint; review related correspondence. Follow up with Oldbury. Telephone conference with Oldbury re: pending matters. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 551 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905346 Boynton Beach FL 33425 STATEMENT NO: 21646 Attn: Lynn Swanson v. Costas, Ivan Daniel, Jr. (Firearms Petition) HOURS 08/28/2018 MDC Review materials; review petitions; prepare for, attend TRPO hearing; update SHB, JAC; miscellaneous telephone call with Detective Valleri. 1.00 SHB Telephone conference with attorney Warren re: RPO matters. Receive and review additional PBC RPO policies. Revise, finalize, and file RPO petition. Folow up re: hearing on TRPO. 3.00 08/29/2018 MDC Review status of case; review Motion of Reconsideration on TRPO; conference with SHB. 0.80 SHB Draft amended petition for RPO; discuss with MDC. 1.00 08/30/2018 MDC Review and revise Memorandum in Support of Amended Petition; miscellaneous phone conference with PD; review Amended Petition and reports; confer with SHB; prepare for TRPO hearing; attend TRPO hearing; phone conference with PD to follow up. 2.90 SHB Finalize and file Amended Petition for Risk Protection Order. Hearing on Amended Petition for Risk Protection Order. Various correspondence with officers. 2.50 08/31/2018 MDC Confer with SHB re: status of service, clerk responsibilities and preparation for Final Hearing. 1.00 FOR CURRENT SERVICES RENDERED 12.20 2,501.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 5.70 $205.00 $1,168.50 SHANA H. BRIDGEMAN 6.50 205.00 1,332.50 Photocopies 22.75 TOTAL EXPENSES THRU 08/31/2018 22.75 TOTAL CURRENT WORK 2,523.75 Page 552 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905346 STATEMENT NO: 21646 v. Costas, Ivan Daniel, Jr. (Firearms Petition) BALANCE DUE $2,523.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 553 of 940 Goren, Cherof, Doody& Ezrol, P.A. -August 2018 Risk Cases Jean-Baptist, Kevens 2,246.00 Kimsey, Erin (MVA) 41.00 Ford, Sharron(Negligence arrest) 61.50 Andrews, Spencer, v Haugh, Vincent (BBPD Emp) 0.00 Mina, German (Slip & Fall) 0.00 Gregory, Mola (Slip & Fall) 962.38 Oldham, Dana (fall) 0.00 Robinson, Bennie(False Arrest) 27,104.55 Galindez, Dennis(Slip& Fall) 2,976.95 Caliskan, Hasan(MVA) 0.00 Jenkins, Gail & Leon(Demolition) 0.00 Venegas,Jesusa 1,536.80 Blutcher, Pamela (MVA) 943.00 Goldman, Barry(Bike/grate accident) 0.00 Finz, Stephanie(Slip & Fall) 753.59 Basinkski,Tricia (MVA garbage truck) 471.50 Broberg, Leif Complaint(2015) 398.00 Estime, Robens (Police Deadly Force) 369.00 Roblin, Aaron (Police) 3,601.65 Caliendo, Giovanni 1,367.50 Coupet, Kenson (parent of child injured) 325.50 Bolt, Barbara Dilger(MVA) 1,660.00 Ryan, Rona Id(whistleblower) 2,367.20 Readon,Jayden, Estate of(police chase) 7,972.20 Garber M.D., Harvey(excessive force) 9,705.95 Pinkney, Elliott (excessive force) 61.50 Ortiz,Jade (Personal injury) 1,082.15 Luchey, Andrew (Demolition) 697.70 Van Ottern,John (Auto Accident) 943.00 Harris,Justin (M/Atty Fees-Fed Suit) 0.00 Floering, David & Barbara 0.00 Russel Hugh Cooper 5,827.25 Wright, Bernard (Discrimination) 901.55 Harris, Elisha (Fallen Tree Property Damage) 123.00 Cromarty, Corina (Ambulance accident) 0.00 TOTAL Goren,Cherof Risk Legal Costs 74,500.42 Page 554 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905022 Boynton Beach FL 33425 STATEMENT NO: 21800 Attn: Lynn Swanson adv. Jean-Baptiste, Kevens Billing Category 18-RLO Claim#001470-000352-PP-01 HOURS 08/01/2018 IR Reviewed online docket, to confirm all orders recently entered have deadline dates that were included on City of Boynton Beach's Trial and other orders outlines; conference regarding same; file management and revisions to outline of trial cut off dates, etc. pursuant to the Court Orders entered thus far; additional updates made to the City of Boynton Beach' Trial Witness Tracking Chart. 0.30 08/14/2018 TAD Receipt and review of order setting trial and referral to mediation. 0.30 IR Performed legal research of federal and local rules, in compliance with the Court's various trial and discovery deadlines; researched motion for summary final judgment rule 56(a)(2) and compared with 3 court orders; prepared outline of court rulings with deadlines. 3.40 08/16/2018 TAD Receipt and review of correspondence re: motion to dismiss. Receipt of order on motion to dismiss. Confer with RAA re: answer and affirmative defenses. 1.50 08/21/2018 TAD Telephone conference with officer counsel re: status of production in discovery and prepare correspondence re: same. 0.40 08/23/2018 RAA Additional review of internal affairs report. 0.40 08/24/2018 RAA Finish preparation of draft Answer and Affirmative Defenses; Review rules and case law re question on pleading requirements. 2.10 TAD Extended telephone conference with officer counsel re: expert and claim status. Review answer and affirmative defenses and revise same. Confer with RAA re: answer and status. 1.80 08/25/2018 RAA Review and analyze case law re: drafting additional affirmative defenses; Additional review and edits to Answer and Affirmative Defenses. 1.40 08/27/2018 RAA Final review and edits to Answer and Affirmative Defenses; Receive/review correspondence from officers' counsel re: officers' Answer and Affirmative Defenses. 0.50 Page 555 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905022 STATEMENT NO: 21800 adv. Jean-Baptiste, Kevens HOURS 08/30/2018 TAD Extended telephone conference with Officer counsel re: expert and discovery issues. Confer with RAA re: same. 0.30 FOR CURRENT SERVICES RENDERED 12.40 2,246.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 4.40 $205.00 $902.00 INGRID RIERA 3.70 125.00 462.50 TRACEY A. DECARLO 4.30 205.00 881.50 TOTAL CURRENT WORK 2,246.00 BALANCE DUE $2,246.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 556 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905029 Boynton Beach FL 33425 STATEMENT NO: 21801 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO HOURS 08/17/2018 TAD Receipt and review of motion to re-open matter. Receipt of correspondence from outside counsel re: status. 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 557 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905064 Boynton Beach FL 33425 STATEMENT NO: 21802 Attn: Lynn Swanson adv. Kimsey, Erin (MVA) Billing Category 18-RLO Claim#001470-000228-AB-01 HOURS 08/01/2018 TAD Receipt and review of correspondence re: settlement. Receipt of records. 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 558 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 21803 Attn: Lynn Swanson adv. Gregory, Mola (slip&fall) Billing Category: 18-RLO Claim#001470-000341-GB-01 HOURS 08/01/2018 IR Receipt and initial review of Plaintiffs Trial Witness and Trial Exhibits list, filed with the court this date. 0.70 08/02/2018 IR Reviewed and compared Plaintiffs Trial Witness and Trial Exhibits lists with our trial disclosures and our Trial Witness Tracking chart and discovery responses. 2.10 08/06/2018 TAD Prepare correspondence to Calvanese re: deposition and prepare renotice of deposition. 0.20 08/10/2018 IR Reviewed file and searches pertaining to Internal Revenue Service subpoena and its response to same; reviewed trial witness tracking chart, reviewed documents received from various subpoenas duces tecum. 2.10 08/13/2018 TAD Receipt and review of plaintiffs witness and exhibit list. Prepare request for production to plaintiff. 1.40 FOR CURRENT SERVICES RENDERED 6.50 940.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 4.90 $125.00 $612.50 TRACEY A. DECARLO 1.60 205.00 328.00 07/24/2018 Federal Express- Invoice 6-289-09041 21.88 21.88 TOTAL ADVANCES THRU 08/31/2018 21.88 TOTAL CURRENT WORK 962.38 Page 559 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905066 STATEMENT NO: 21803 adv. Gregory, Mola (slip&fall) BALANCE DUE $962.38 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 560 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905073 Boynton Beach FL 33425 STATEMENT NO: 21804 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim#001470-000336-GB-01 HOURS 08/01/2018 TAD Prepare correspondence to plaintiff re: trial issues and receipt of response to same. Review trial witness and exhibits re: pre-trial meetings and trial issues in preparation for trial. 0.50 08/02/2018 IR Reviewed all filed exhibits lists disclosures and updated prepared files, for use at jury trial, currently scheduled for August 27, 2018. 0.60 08/06/2018 TAD Receipt and review of correspondence from plaintiff re: resolution issues. Confer with City re: same. 0.30 08/07/2018 TAD Receipt and review of correspondence from City re: trial . Prepare correspondence to Officer counsel re: same. 0.30 08/08/2018 TAD Extended telephone conference with officer counsel re: trial issues. Receipt of correspondence from plaintiff. Prepare response to same. 0.60 08/09/2018 IR Continuation of trial preparation, in anticipation that matter will move forward to trial on August 27, 2018; preparation of new revisions to the Main Trial Notebook; prepared email to co-defense counsel's paralegal regarding trial witness information and trial exhibits. 1.90 TAD Receipt and review of correspondence from Harris counsel re: motion in limine. Receipt of correspondence from plaintiff re: same. Review case law re: trial on motion issues. 2.40 08/10/2018 IR Continuation of trial preparation, for week commencing August 27, 2018; conferences with TAD regarding same; reviewed Plaintiffs Motion in Limine and Plaintiffs Trial Witness List and Trial Exhibits lists; preparation of updates to Trial Witness Tracking Chart. 3.10 RAA Confer with Attorney DeCarlo re: trial preparation. 0.30 TAD Telephone conference with plaintiff counsel re: status and settlement conference. Confer with City re: offer and settlement conference. Confer with IVR re: trial issues and preparation. Prepare correspondence to City re: trial. Begin review of deposition of plaintiff re: trial prearation. 1.90 Page 561 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905073 STATEMENT NO: 21804 adv. Robinson, Bennie (false arrest) HOURS 08/13/2018 TAD Continue review of deposition of the plaintiff re: trial preparation. Receipt of correspondence re: trial and issues for trial. Receipt of correspondence from plaintiff re: evidence issues. 2.80 08/14/2018 TAD Receipt and review of deposition of Valentine and prepare summary of same re: trial. Telephone conference with City re: trial and offer. Prepare correspondence to officer and plaintiff counsel re: trial. Receipt of correspondence re: continuance and prepare correspondence to City re: same. Receipt of response. Prepare correspondence to plaintiff counsel re: continuance. 3.80 IR Continuation with trial preparation; conferences regarding same with TAD; prepared emails to co-defense counsel regarding potential trial exhibits, as disclosed by both the City of Boynton Beach and Justin Harris; reviewed online instructions from Honorable Kenneth Marra, regarding jury trial specifics; scanned trial witness deposition transcripts, for use at trial. 2.60 08/15/2018 IR Preparation of file folders for each to be utilized as the City of Boynton Beach's hard copy trial exhibits; continued to update our trial witness folders to correlate with the City's trial witness records, as well; reviewed and revised the most recent trial order outline, pertaining to court ordered deadlines, in advance of trial, currently set to commence August 27, 2018. 7.30 TAD Receipt of plaintiffs motion to continue trial and proposed order re: same. Receipt of correspondence from plaintiff re: evidence issues at trial. Receipt of correspondence from officer counsel re: evidence issues and continuance. Receipt of order granting continuance. Receipt of correspondence from plaintiff counsel re: settlement issues. Receipt of correspondence from officer counsel re: status and prepare response to same. Review information re: witness Shayle Valentine for trial. 1.80 08/16/2018 RAA Confer with Attorney DeCarlo re: trial preparation. 0.20 TAD Receipt and review of correspondence re: settlement issues. Confer with IVR re: trial. Review case law re: trial evidence issues. 1.70 IR Revised the Jury Trial Order Re-Setting trial for September 4, 2018; continued trial preparation; 2.20 08/17/2018 TAD Receipt and review of pre-trial stipulation and plaintiffs witness and exhibit lists. Receipt of motion in limine and correspondence re: same. Review exhibits. Continue review of plaintiff deposition re: trial cross. 3.40 08/20/2018 IR Continuation of trial preparation; review and online research pertaining to Plaintiff, Plaintiffs relatives and trial witnesses; draft correspondence to Palm Beach Clerk of Court, for certified copies of records, for use at trial; 5.20 RAA Confer with Attorney DeCarlo re:jury instructions; Telephone conference call with officers' counsel re: same. 0.40 TAD Receipt and review of correspondence re: proposed jury instructions and prepare response to same. Review proposed instructions and prepare edits to same. Review case law re:jury instruction issues. 5.60 08/21/2018 TAD Receipt and review documents re: trial exhibits. Confer with IVR re: trial preparation. Prepare cross of plaintiff for trial. Prepare memorandum re: inconsistent statements. Receipt of correspondence re: trial subpoenas and subpoenas. Review deposition of Mills re: trial. Receipt of Page 562 of 940 Page: 3 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905073 STATEMENT NO: 21804 adv. Robinson, Bennie (false arrest) HOURS correspondence from officer counsel re: trial setting and prepare response to same. Receipt of plaintiffs reply to motion in limine. Receipt of correspondence from plaintiff re: reply to motion in limine. 6.40 IR Research of Plaintiffs other personal injury cases and previously filed Motion and Amended Motion to Dismiss Mr. Robinson's personal injury lawsuit, for Fraud Upon the Court; reviewed other defendants' legal positions, including depositions of the Plaintiffs and others, attached to this motion as unredacted exhibits; sent emails and texts to TAD regarding same [367 pages total in 1 particular filing]. 7.40 08/22/2018 TAD Receipt and review of correspondence re: trial setting issues. Prepare opening and revise cross. Continue research on claims. 3.80 IR Trial preparation all day; reviewed online findings of Plaintiff and his girlfriends' current Florida Department of Motor Vehicle/drivers' records, including current status; continued to organize all parties'various trial exhibits, in advance of trial. 7.30 08/23/2018 RAA Confer with Attorney DeCarlo re: trial preparation. 0.20 TAD Review case law re: claims for trial memorandum. Revise voir dire questions. Review proposed verdict form and prepare revisions to same. Revise opening statement and review case law re: evidentiary issues. 5.40 IR Extensive review of records relevant to arrest of 6.27.14, of Plaintiff, Case No: 502014MM009313AMB; tagged areas for possible discussion at trial and updated Plaintiffs trial witness file; extensive review of records relevant to arrest of 11.16.14, of Plaintiffs Case No: 502014CF11831AMB; reviewed other online docket entries specifying Plaintiffs Florida Department of Motor Vehicles history, since the date he earned his Drivers' license; Conference regarding trial preparation, including trial documents to be turned into trial exhibits by co-defense counsel; draft email to co-counsel's paralegal and received a response thereto. 7.30 08/24/2018 IR Travel to and from the Palm Beach County Courthouse to perform research on Plaintiff and other trial witnesses; conferences with various Clerks of Courts and updated TAD regarding same; review and retrieved information from Plaintiffs previously filed personal injury cases, including exhibits thereto; telephone conference with Irene, Judge Kenneth Marra's judicial assistant regarding trial specific inquiries. 7.40 TAD Receipt and review of correspondence re:jury instructions and prepare response to same. Continue preparation of opening and witness cross examination. Revise jury instructions. Prepare trial memorandum re: claims and defenses. Confer with IVR re: trial preparation materials. 5.30 08/27/2018 TAD Complete jury instructions. Review plaintiff medical records. Review trial documents for trial. Confer with IVR re: same. Review additional case law re: trial instruction issues. 2.50 IR Continuation of trial preparation and strategy meetings; telephone conferences with Palm Beach County Circuit Court clerk's office, regarding certified copies of public records from the clerks docket, to be used in federal trial, commencing September 4, 2018 to use for the City's rebuttal [or hostile[trial exhibits; reviewed several sets of Plaintiffs medical physicians' records, also list as trial exhibits by the Plaintiff; prepared ticklers to finalize projects before end of week. 7.10 Page 563 of 940 Page: 4 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905073 STATEMENT NO: 21804 adv. Robinson, Bennie (false arrest) HOURS 08/28/2018 RAA Confer with Attorney DeCarlo re:trial preparation and strategy. 0.30 IR Travel to and from Palm Beach County Courthouse to obtain witness information; research findings of public record documents, for use at trial; finalized Motion to Permit Electronics into Courtroom; receipt and reviewed email from client to include her electronics as well; conferences with TAD regarding strategy and trial preparation. 7.30 TAD Receipt and review of correspondence re: exhibits. Review rebuttal documents and confer with IVR re: same. Review evidence issues re: Plaintiffs proposed limitation on damages. Begin preparation of Rule 50 motion on false arrest claims with memorandum of law. 4.80 08/29/2018 IR Continuation with jury trial preparation; revisions to Trial Notebook; continued organization of certified copies retrieved from Palm Beach County Clerk of Courts for witness information; telephone conferences with TAD and co-defense counsel; trial strategy conferences post co-defense counsel conference; prepared and revised 3 sets of trial exhibits, from each party. 6.30 TAD Receipt and review of proposed verdict form. Revise same. Prepare correspondence re: revisions. Receipt of correspondence from plaintiff counsel re: trial jury instructions. Prepare correspondence re: same. Extended telephone conference with officer counsel re: trial issues. Receipt of motions re: trial equipment. Review case law re: evidence issues for trial. Review case law re: immunity issues for Rule 50 motion. Review correspondence re: edits of Mills video deposition. Review deposition. Prepare correspondence re: additional edits. Receipt of plaintiffs proposed voir dire questions. Review local ruled and judicial survey re:jury selection issues. 7.80 08/30/2018 IR Draft correspondence to client, enclosing specifics relevant to the Courthouse and other contact information; continuation of trial preparation, including scans of all the City of Boynton Beach's trial exhibits, following the court's mandated order; continuation to add to trial witness specific files, for use to impeach hostile witnesses; revised trial notebooks and trial witness files, etc. 5.20 TAD Continue preparation of Rule 50 motion on immunity issues. Receipt of correspondence from plaintiff re: trial exhibits. Receipt of correspondence from officer counsel re: information on emergency room doctor re trial appearance. Revise opening statement re: information from officer counsel and plaintiff re: witnesses. Confer with IVR re: additional trial exhibits and information. Review case law re: changes to witness testimony. 6.40 RAA Confer with Attorney DeCarlo re: trial preparation. 0.40 RAA Review and edit draft hold harmless agreement and memorandum of agreement for use by Fire Department; Confer with Attorney Cherof re: same. 1.00 08/31/2018 IR Finalized all jury trial preparations; reviewed pdf copies of the City of Boynton Beach's duly marked trial exhibits; reviewed co-defense counsel and plaintiffs counsels' motion to the court to allow electronic equipment into the Courtroom during trial; 5.70 TAD Receipt and review of correspondence re: trial attendance of witnesses. Review medical records. Prepare cross of physician witnesses. Review Page 564 of 940 Page: 5 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905073 STATEMENT NO: 21804 adv. Robinson, Bennie (false arrest) HOURS case law re: immunity claims and complete Rule 50 motion for trial. Continue trial preparation including closing revise opening and revise cross of plaintiff. Telephone conference with Officer counsel. Receipt of correspondence from plaintiff counsel re: trial witnesses. Prepare correspondence to officer counsel re order of witnesses Review additional medical records. 6.20 JAC Pre-trial review of case prepare status. 1.20 FOR CURRENT SERVICES RENDERED 161.60 26,416.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.20 $205.00 $246.00 RYAN A.ABRAMS 2.80 205.00 574.00 INGRID RIERA 83.90 125.00 10,487.50 TRACEY A. DECARLO 73.70 205.00 15,108.50 Color photocopies 2.45 Photocopies 600.60 TOTAL EXPENSES THRU 08/31/2018 603.05 08/24/2018 Clerk& Comptroller PBC -Copies 32.50 08/27/2018 Sharon R. Bock, Clerk& Comptroller- Certified Copies 53.00 85.50 TOTAL ADVANCES THRU 08/31/2018 85.50 TOTAL CURRENT WORK 27,104.55 BALANCE DUE $27,104.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 565 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 21805 Attn: Lynn Swanson adv. Galindez, Dennis (slip&fall) Billing Category: 18-RLO Claim#001470-000330-GB-01 HOURS 08/06/2018 TAD Receipt and review of deposition of Lamons and prepare outline of same re: trial. Receipt of deposition of Proano and prepare summary of same. 2.30 08/07/2018 TAD Attend depositions of Kelley and Cinque. Confer with witness. Confer with plaintiff counsel re: trial issues. Receipt of correspondence from plaintiff counsel re: deposition of Carpenter. 6.30 08/08/2018 IR Receipt, review and responded to email regarding trial witness information, requested by Plaintiff, to serve defense witnesses with Trial Subpoenas, for the week of October 22, 2018. 0.20 TAD Meet and confer with Ramsey re: trial issues and testimony of facilities employees. Receipt of deposition of Mierke and prepare summary of same for trial. Receipt of correspondence from adjuster re: status and prepare response to same. Receipt of correspondence from plaintiff re: Kelley deposition and prepare response to same. 3.60 08/13/2018 IR Receipt and review of Plaintiffs Notice of Taking Deposition of Steven Kelly on September 20, 2018; reviewed the Court's Pre-Trial Scheduling Order entered on July 30, 2018, to confirm said notice was within the court-ordered deadline; 0.60 08/14/2018 TAD Receipt and review of correspondence from Wooten re: trial. Receipt of Correspondence from LeBlanc and Broday re: trial. Receipt of correspondence from plaintiff re: medical expert testimony. 0.40 08/22/2018 RAA Review trial scheduling order. 0.40 TAD Confer with the City re: trial issues. 0.30 08/23/2018 RAA Confer with Attorney DeCarlo re: trial scheduling order. 0.20 08/31/2018 TAD Receipt of correspondence from plaintiff re: deposition of Kelley and prepare response to same. 0.30 FOR CURRENT SERVICES RENDERED 14.60 2,929.00 Page 566 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 21805 adv. Galindez, Dennis (slip&fall) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.60 $205.00 $123.00 INGRID RIERA 0.80 125.00 100.00 TRACEY A. DECARLO 13.20 205.00 2,706.00 Photocopies 47.95 TOTAL EXPENSES THRU 08/31/2018 47.95 TOTAL CURRENT WORK 2,976.95 BALANCE DUE $2,976.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 567 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905098 Boynton Beach FL 33425 STATEMENT NO: 21806 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#001470-000367-AB-01 HOURS 08/07/2018 TAD Receipt and review of correspondence re: subpoena to Dr. Baker. Review information re: same. Prepare correspondence to process server re: additional information on doctor. 0.60 08/08/2018 IR Receipt and review of Plaintiffs medical records from Carlos Cowley, MD with Cardiology and Fitness Medicine;telephone conference with Dr. Cowley's office administrator, Karen Grimes, regarding same; updated Trial Witness Tracking chart accordingly. 0.70 TAD Receipt and review of correspondence re: Palm Beach Rehab response to subpoena. Prepare correspondence to Rodriguez re: deposition. 0.50 08/09/2018 IR Receipt and review of documents from Dr. John Baker with the Allegiance Orthopedic and Spine Institute, pursuant to the City of Boynton Beach's subpoena duces tecum; prepared update to Trial Witness Tracking chart accordingly, with brief summary of materials received. 0.70 TAD Receipt and review of correspondence re: information from vendor. Review information provided re: accident. 1.30 08/10/2018 TAD Receipt and review of correspondence re: response to subpoena and prepare response to same. 0.20 08/13/2018 TAD Prepare correspondence to plaintiff counsel re: deposition of plaintiff. 0.20 08/14/2018 TAD Receipt and review of correspondence from Dr Zeide office re: investigation and prepare response to same. 0.30 08/16/2018 TAD Receipt and review of correspondence re: response to subpoena. Receipt of records produced from Dr. Dobrowski. 0.80 08/17/2018 TAD Prepare correspondence to plaintiff counsel re: plaintiffs deposition. 0.10 IR Several telephone conferences and emails to and from Elias Monroy, Administrator at Doctor's Choice Medical Center/Dr. Jan Dobrwski regarding Plaintiffs medical records; receipt and review of Plaintiffs records and updated trial witness tracking chart accordingly. 2.20 Page 568 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905098 STATEMENT NO: 21806 adv. Venegas, Jesusa HOURS 08/24/2018 TAD Receipt and review of correspondence re: deposition of plaintiff. Prepare response to same. Prepare notices of deposition for plaintiff and for Tony Venegas. 0.40 08/28/2018 TAD Receipt and review of correspondence re: claim status. Prepare correspondence to plaintiff re: Rodrigues. Revise report and budget. Prepare correspondence to adjuster and client re: report and budget. 0.80 FOR CURRENT SERVICES RENDERED 8.80 1,516.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 3.60 $125.00 $450.00 TRACEY A. DECARLO 5.20 205.00 1,066.00 07/24/2018 Federal Express- Invoice 6-289-09041 20.80 20.80 TOTAL ADVANCES THRU 08/31/2018 20.80 TOTAL CURRENT WORK 1,536.80 BALANCE DUE $1,536.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 569 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 21807 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category- 18RLO Claim#001470-000369-AB-01 HOURS 08/08/2018 TAD Confer with Saulter re: deposition issues. Attend deposition of Saulter. Confer with plaintiff re: potential settlement. 3.50 08/15/2018 RAA Telephone conference call with opposing counsel re: settlement discussion. 0.20 08/17/2018 RAA Telephone conference call with opposing counsel re: settlement demand. 0.20 08/24/2018 TAD Receipt and review of correspondence re: settlement and prepare response to same. 0.30 08/31/2018 TAD Telephone conference with Plaintiff counsel re: counteroffer. Telephone conference with Plaintiff counsel re: subpoena and revisions to same. 0.40 FOR CURRENT SERVICES RENDERED 4.60 943.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.40 $205.00 $82.00 TRACEY A. DECARLO 4.20 205.00 861.00 TOTAL CURRENT WORK 943.00 BALANCE DUE $943.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 570 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905105 Boynton Beach FL 33425 STATEMENT NO: 21808 Attn: Lynn Swanson adv. Finz, Stephanie (slip &fall) Billing Category: 18-RLO Claim#001470-000368-GB-01 HOURS 08/02/2018 RAA Correspondence with opposing counsel re: settlement. 0.20 08/06/2018 RAA Telephone conference call with opposing counsel re: settlement; Follow up correspondences confirming tentative settlement agreement; Draft general release agreement; Draft update correspondence to Risk Manager and adjuster; Confer with Attorney DeCarlo re: finalizing settlement. 1.60 08/07/2018 RAA Receive/review correspondence from Risk Manager re: plaintiff. 0.20 08/10/2018 RAA Correspondences with opposing counsel re: follow up on release agreement. 0.20 08/15/2018 RAA Correspondences with opposing counsel and Risk Manager re: finalizing settlement. 0.40 08/16/2018 RAA Prepare and file notice of cancellation of plaintiffs deposition; Draft correspondence to plaintiffs counsel re: settlement funds. 0.40 08/24/2018 RAA Correspondence to opposing counsel re: requested notice of dismissal with prejudice. 0.20 08/27/2018 RAA Receive/review Notice of Dismissal with Prejudice. 0.20 08/28/2018 RAA Correspondence to Risk Manager re: case dismissal. 0.20 FOR CURRENT SERVICES RENDERED 3.60 738.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 3.60 $205.00 $738.00 Page 571 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905105 STATEMENT NO: 21808 adv. Finz, Stephanie (slip &fall) 08/16/2018 Federal Express- Invoice 6-289-09041 15.59 15.59 TOTAL ADVANCES THRU 08/31/2018 15.59 TOTAL CURRENT WORK 753.59 BALANCE DUE $753.59 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 572 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905124 Boynton Beach FL 33425 STATEMENT NO: 21809 Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim#001470-000390-EP-01 HOURS 08/09/2018 RAA Receive/review summary of Risk Manager deposition. 0.20 08/16/2018 TAD Receipt and review correspondence re: status of case. Receipt of trial order. Prepare correspondence re: same. 0.40 IR Receipt, review and initial preparation of jury trial order outline, using Judge Meenu Sasser's August 14, 2018 Order Setting Jury Trial and Directing Pretrial and Mediation Procedures entered by the Court; prepared deadline ticklers as well as dates noted in the Court's trial order, which included pretrial stipulation specifications, including Daubert and Limine. 2.20 FOR CURRENT SERVICES RENDERED 2.80 398.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.20 $205.00 $41.00 INGRID RIERA 2.20 125.00 275.00 TRACEY A. DECARLO 0.40 205.00 82.00 TOTAL CURRENT WORK 398.00 BALANCE DUE $398.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 573 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905171 Boynton Beach FL 33425 STATEMENT NO: 21810 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim#001470-000400-PI-01 HOURS 08/10/2018 TAD Receipt and review of correspondence from plaintiff re: discovery and prepare response to same. Receipt of notice of deposition. Receipt of plaintiff's notice of compliance with order. 0.30 08/13/2018 IR Receipt and review of Plaintiffs Notice of Taking Deposition Duces Tecum of Representative of City of Boynton Beach, with the most knowledge concerning Plaintiffs Complaint [Amended Complaint]; reviewed pleadings and the Court's Notice of Lack of Prosecution, Court's Motion to Dismiss and Order Setting Hearing entered on June 13, 2018 and set hearing date on August 27, 2018 to drop case from Palm Beach Circuit Court docket, for no activity since Summer of 2017; prepared tickler for same. 1.10 08/23/2018 TAD Prepare for hearing on motion to dismiss. Prepare correspondence re: hearing and deposition. 0.40 08/27/2018 TAD Attend hearing on order on lack of prosecution. Receipt of court's order on same. Prepare correspondence to City re: hearing and status. 5.30 FOR CURRENT SERVICES RENDERED 7.10 1,367.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.10 $125.00 $137.50 TRACEY A. DECARLO 6.00 205.00 1,230.00 TOTAL CURRENT WORK 1,367.50 BALANCE DUE $1,367.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 574 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905190 Boynton Beach FL 33425 STATEMENT NO: 21811 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 08/01/2018 RAA Review and summarize voluminous records and evidence on claim for purposes of responding to plaintiffs requests for production; Request additional records from City; Telephone conference call with opposing counsel re: settlement. 5.50 08/03/2018 RAA Continue review of records in file regarding responses to plaintiffs requests for production; Draft objections to requests for production; Draft summary of documents subject to a privilege objection; Prepare responsive documents to requests for production; Telephone conference call with opposing counsel re: settlement position and discovery responses; Folow up Correspondence with opposing counsel. 5.50 08/04/2018 RAA Review criminal docket for Lex Eugene; Draft public records request to State Attorney's Office. 0.50 08/06/2018 RAA Review and edits to public records request to state attorney's office and submit same; Follow up correspondences with state attorney's office re: same; Review and summarize additional records received from City re: personnel file of individual defendant officer; Confer with Attorney DeCarlo re: settlement posture of case. 1.60 08/07/2018 RAA Continue reviewing and summarizing additional records received from City re: individual defendant officer and subject incident; Continue preparation of documents responsive to plaintiffs requests for production. 2.70 08/08/2018 RAA Search for and review case law re: negligent hiring/retention claim asserted by plaintiff; Summarize and analyze applicable cases; Review photographic evidence received from City. 4.20 08/09/2018 RAA Receive/review documents received from state attorney's office in response to public records request; Request additional records from City responsive to plaintiffs requests for production. 1.80 08/10/2018 RAA Confer with Attorney DeCarlo re: discovery strategy; 0.20 Page 575 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905190 STATEMENT NO: 21811 adv. Readon, Jayden, Estate of(police chase) HOURS RAA Receive correspondence history from City responsive to plaintiffs requests for production; Review correspondences and identify objections to disclosure to plaintiff; Review statute re: public records exemptions; Additional review of documents received responsive to public records request to state attorney's office; Draft correspondence to state attorney's office requesting additional records. 3.70 TAD Confer with RAA re: status of case and discovery responses. 0.20 08/13/2018 RAA Complete initial review of voluminous correspondence history and scrutinize for redactions and privileged information for purposes of responding to plaintiffs requests for production; Review and summarize depositions transcripts from depositions of two officers; Review and analyze statutes and case law re: objection to discovery request; Receive and review requested insurance policy and additional personnel files. 7.50 IR Receipt and review of State Attorneys' responses to our request for information pertaining to Lex Eugene. 2.10 08/14/2018 RAA Review and edit draft of responses and objections to plaintiffs requests for production; Finish preparation of voluminous documents for production to plaintiff. 1.80 08/15/2018 RAA Review, analyze and summarize case relevant to plaintiffs negligent retention/supervision claim. 0.20 08/16/2018 RAA Final review of responses to plaintiffs request for production and privilege log. 0.40 TAD Receipt and review of proposed discovery responses. Review records. Confer with RAA re: responses to discovery and status. 1.20 08/17/2018 RAA Confer with Attorney DeCarlo re: litigation update and discovery status. 0.20 08/23/2018 RAA Confer with Attorney DeCarlo re: preparation of written discovery to plaintiff. 0.20 FOR CURRENT SERVICES RENDERED 39.50 7,929.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 36.00 $205.00 $7,380.00 INGRID RIERA 2.10 125.00 262.50 TRACEY A. DECARLO 1.40 205.00 287.00 Photocopies 42.70 TOTAL EXPENSES THRU 08/31/2018 42.70 TOTAL CURRENT WORK 7,972.20 BALANCE DUE $7,972.20 Page 576 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905199 Boynton Beach FL 33425 STATEMENT NO: 21812 Attn: Lynn Swanson adv. Robling, Aaron (Police) Billing Category: 18- RLO Claim#001470-000403-PP-01 HOURS 08/07/2018 RAA Telephone conference call and correspondence with opposing counsel re: settlement discussion. 0.50 08/08/2018 RAA Receive/review notice of taking deposition of Sgt. Murphy. 0.20 08/10/2018 RAA Draft correspondence to opposing counsel re: settlement discussion follow up. 0.10 08/13/2018 IR Reviewed Order Setting Jury Trial and Directing Pretrial, Mediation and Jury Instruction Procedures, entered on July 27, 2018 by Judge Jeffrey Gillen, Division AE; preparation of trial order outline of deadlines and cut-off dates, in advance of trial and preparation of ticklers for each deadline; review online judicial instructions for Judge Gillen's divisional instructions; reviewed specific jury instructions as part of the Court's Supplement to Order Setting Jury Trial and Divisional AE Jury Instructions and Verdict; 2.30 TAD Receipt and review of correspondence re: School Bard representatives and discovery and prepare response to same. 0.30 08/14/2018 RAA Receive/review trial order setting deadlines. 0.40 08/15/2018 RAA Review request for production from plaintiff; Request responsive records from City. 0.30 08/16/2018 RAA Draft response to plaintiffs request for production and correspondence re: service of same; Review case law on claim asserted by plaintiff re: k-9 negligence; Receive/review policies on use of k-9 units from City. 1.60 08/17/2018 RAA Confer with Attorney DeCarlo re: litigation update and upcoming depositions. 0.20 08/23/2018 RAA Review file re: preparation for depositions of school board officials; Draft deposition outline; Confer with Attorney DeCarlo re: evidence review. 3.50 08/24/2018 RAA Attend depositions of School Board witnesses; Telephone call to Sgt. re: Page 577 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905199 STATEMENT NO: 21812 adv. Robling, Aaron (Police) HOURS upcoming deposition and leave message; Telephone call with court reporter re: deposition transcript. 5.50 08/29/2018 RAA Telephone conference with sergeant re: deposition preparation; Follow up correspondence to sergeant re: same; Attend meeting with sergeant at City Attorney's Office re: deposition preparation; Review file in preparation for meeting. 3.50 FOR CURRENT SERVICES RENDERED 18.40 3,588.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 15.80 $205.00 $3,239.00 INGRID RIERA 2.30 125.00 287.50 TRACEY A. DECARLO 0.30 205.00 61.50 Photocopies 13.65 TOTAL EXPENSES THRU 08/31/2018 13.65 TOTAL CURRENT WORK 3,601.65 BALANCE DUE $3,601.65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 578 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905213 Boynton Beach FL 33425 STATEMENT NO: 21813 Attn: Lynn Swanson adv. Coupet, Kenson (parent of child injured) Billing Category: 18- RLO Claim#001470-000405-GB-01 HOURS 08/01/2018 TAD Receipt and review of correspondence re: mediation and prepare response to same. 0.20 08/07/2018 RAA Receive/review notice of mediation and certificate of settlement authority filed by co-defendant. 0.40 08/08/2018 TAD Receipt and review of correspondence from Layne counsel re: mediation. Prepare correspondence to city re: same. 0.30 08/10/2018 TAD Receipt and review of correspondence from Layne re: answer and mediation and prepare response to same. 0.20 08/13/2018 IR Reviewed previously filed court records, including upcoming dates for Mediation; prepared tickler to prepare Mediation notebook for attorney attending same; online review of court docket for status of matter, including any pending discovery requests and responses thereto. 0.80 FOR CURRENT SERVICES RENDERED 1.90 325.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.40 $205.00 $82.00 INGRID RIERA 0.80 125.00 100.00 TRACEY A. DECARLO 0.70 205.00 143.50 TOTAL CURRENT WORK 325.50 BALANCE DUE $325.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 579 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905216 Boynton Beach FL 33425 STATEMENT NO: 21814 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470-000410-EP-01 HOURS 08/01/2018 IR Receipt, review and prepared ticklers for Charles Ramos deposition, scheduled for September 25, 2018, to prepare relevant documents that pertain to this trial witness. 0.40 08/06/2018 TAD Prepare correspondence to plaintiff re: discovery. Receipt of response to same. Prepare notices of deposition for physicians. 0.30 08/07/2018 TAD Receipt and review of correspondence from Plaintiff re: depositions. Prepare notices of deposition of LaPointe, Mills and Wallace. 0.80 08/08/2018 TAD Prepare notice of deposition duces tecum of LaPointe. Prepare re-notice of deposition of Trejo, Miller, Cummings, Kellman and correspondence re: discovery. 0.40 08/10/2018 TAD Receipt and review of correspondence re: service on Kellman and prepare response to same. 0.20 08/13/2018 TAD Receipt and review of notice of deposition of Ramos and prepare correspondence to Ramos re: same. 0.20 08/16/2018 TAD Receipt and review of correspondence re: deposition of plaintiff and prepare response to same. Prepare correspondence to plaintiff re: depositions. 0.20 08/17/2018 RAA Review and summarize employment documents received from plaintiffs former employer, Autonation; Review plaintiffs responses to interrogatories in preparation for upcoming deposition; Confer with Attorney DeCarlo re: litigation update and upcoming depositions. 1.90 TAD Receipt and review of correspondence re: re-notice of deposition. Prepare correspondence to doctor re: deposition issues. 0.30 08/20/2018 RAA Continue reviewing file in preparation for deposition of Lexus records custodian and draft outline for deposition; Confer with Attorney DeCarlo re: same. 1.40 Page 580 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905216 STATEMENT NO: 21814 adv. Ryan, Ronald (whistleblower PD) HOURS 08/21/2018 RAA Additional preparation for Lexus deposition and attend same. 4.20 08/24/2018 RAA Correspondence with Lexus witness re: additional requested information. 0.20 08/27/2018 RAA Correspondence with Lexus billing director re: witness information request; Confer with Attorney DeCarlo re: setting general manager deposition. 0.30 08/28/2018 RAA Review deposition notes of Lexus custodian deposition and prepare subpoena re: Lexus general manager. 0.40 08/29/2018 RAA Telephone call to opposing counsel re: setting deposition of lexus general manager; Draft subpoena and notice of taking deposition; Correspondence with court reporter re: same. 0.50 FOR CURRENT SERVICES RENDERED 11.70 2,366.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 8.90 $205.00 $1,824.50 INGRID RIERA 0.40 125.00 50.00 TRACEY A. DECARLO 2.40 205.00 492.00 Photocopies 0.70 TOTAL EXPENSES THRU 08/31/2018 0.70 TOTAL CURRENT WORK 2,367.20 BALANCE DUE $2,367.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 581 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905218 Boynton Beach FL 33425 STATEMENT NO: 21815 Attn: Lynn Swanson adv. Estime, Robens (Police Deadly Force) Billing Category: 18-RLO Claim#001470-000411-PP-01 HOURS 08/22/2018 TAD Receipt and review of correspondence re: status of claim and limitation issue. Perform research re: same. 1.80 FOR CURRENT SERVICES RENDERED 1.80 369.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.80 $205.00 $369.00 TOTAL CURRENT WORK 369.00 BALANCE DUE $369.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 582 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905253 Boynton Beach FL 33425 STATEMENT NO: 21816 Attn: Lynn Swanson adv. Bolt, Barbara Dilger(MVA) Billing Category: 18- RLO Claim#001470-000422-AB-01 HOURS 08/01/2018 IR Continuation of updates to Trial Witness Tracking Chart; key word searches, pertaining to responses to Plaintiffs discovery requests. 1.80 08/14/2018 TAD Receipt and review of correspondence re: report. Review discovery responses and motion to compel. Revise response to request for production and interrogatories and prepare correspondence to City re: information needed. 1.60 08/16/2018 TAD Prepare correspondence to City and risk re: additional information needed for discovery responses. Prepare correspondence to public works/fleet re: information needed. Receipt of responses to correspondence. Revise response to interrogatories and request for production re: additional information. 2.40 08/17/2018 TAD Receipt and review of correspondence from the City re: information on the vehicle involved in accident. Prepare correspondence to fleet manager re: additional information on driver and vehicle. Receipt of amended motion to compel and exhibits. 0.40 08/20/2018 TAD Receipt and review of correspondence from city re: interrogatory issues. Prepare correspondence to solid waste manager re: discovery responses and procedures. Receipt of additional documents responsive to requests. 1.30 08/28/2018 TAD Receipt and review of correspondence from Clty re: discovery response documents. Receipt of documents. Revise discovery responses. 0.40 08/29/2018 TAD Receipt and review of correspondence re: discovery responses. Prepare correspondence to plaintiff re: deposition issues. Receipt of response to same. 0.50 08/30/2018 TAD Telephone conference with Plaintiff counsel re: deposition of Green. 0.20 08/31/2018 TAD Confer with plaintiff counsel re: deposition of Green. 0.20 Page 583 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905253 STATEMENT NO: 21816 adv. Bolt, Barbara Dilger(MVA) HOURS FOR CURRENT SERVICES RENDERED 8.80 1,660.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.80 $125.00 $225.00 TRACEY A. DECARLO 7.00 205.00 1,435.00 TOTAL CURRENT WORK 1,660.00 BALANCE DUE $1,660.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 584 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905257 Boynton Beach FL 33425 STATEMENT NO: 21817 Attn: Lynn Swanson adv. Basinski, Tricia (MVA garbage truck) Billing Category: 18- RLO Claim#001470-000422-AB-03 HOURS 08/06/2018 TAD Receipt and review of correspondence re: demand. Receipt of demand and medical information. Prepare memorandum re: records and review web information on claimant. Receipt of additional correspondence re: claim information. 2.30 FOR CURRENT SERVICES RENDERED 2.30 471.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.30 $205.00 $471.50 TOTAL CURRENT WORK 471.50 BALANCE DUE $471.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 585 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905266 Boynton Beach FL 33425 STATEMENT NO: 21818 Attn: Lynn Swanson adv. Pinkney, Elliott (excessive force) Billing Category: 18- RLO Claim#001470-000424-PP-01 HOURS 08/06/2018 TAD Receipt and review of correspondence re: status. Review docket. Prepare response to same. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 586 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905282 Boynton Beach FL 33425 STATEMENT NO: 21819 Attn: Lynn Swanson adv. Garber M.D., Harvey (excessive force) Billing Category: 18- RLO Claim#001470-000429-PP-01 HOURS 08/01/2018 RAA Receive/review plaintiffs motion for leave to file amended complaint; Receive/review paperless order entered by court granting leave and denying officers' motion to leave; Correspondences with opposing counsel re: requested changes to confidentiality order. 0.60 08/02/2018 IR Receipt, review and preparation of ticklers regarding several federal court filings this date, including court orders with deadlines; reviewed pleadings regarding status of other court-ordered deadlines; conferences with RAA regarding same. 1.60 08/03/2018 RAA Telephone conference call with opposing counsel and correspondence re: requested changes to proposed confidentiality order; Review magistrate judge's confidentiality order and adopt procedures in confidentiality order; Make additional edits to confidentiality order and Confer with Attorney DeCarlo re: same. 1.20 08/06/2018 RAA Correspondences with all counsel re: finalizing joint motion for confidentiality order; Telephone call to police practices expert; Final review of joint motion and confidentiality order. 0.70 TAD Receipt and review of revisions to proposed order. Prepare correspondence re: same. 0.30 08/07/2018 RAA Receive/review orders from court re: granting motion for confidentiality order; Confer with Attorney DeCarlo re: same; Research case law re: enforceability of court approved confidentiality stipulation; Telephone conference call with officers' counsel re: confidentiality order and amended complaint; Telephone conference call with Magistrate's judicial assistant and follow up correspondence re: request for signed paper order; Prepare records in response to request from opposing counsel. 2.90 08/08/2018 IR Conference with RAA regarding Rule 26 Disclosures this date to opposing counsel [Plaintiffs counsel]; reviewed list of Rule 26 documents and other materials to be produced to Plaintiff; draft correspondence for RAA signature enclosing CDs of discovery materials; reviewed CDs, to produce Page 587 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905282 STATEMENT NO: 21819 adv. Garber M.D., Harvey (excessive force) HOURS to Plaintiff, pursuant to Rule 26 Disclosures; prepared memoranda directives to vendors regarding duplication of various materials, needed to be prepared and hand-delivered to Plaintiffs counsel August 9, 2018 end of business. 5.20 RAA Additional review of records listed in initial disclosures for redactions; Review statutes and regulations re: potential basis for additional redactions and make additional redactions; Draft correspondences to opposing counsel and officers' counsel re: production of records; Telephone conference with police practices expert re: retention of services. 2.60 08/09/2018 IR Preparation of email to City of Boynton Beach regarding specific police officers' body cameras from June 5, 2017; received response regarding same; telephone conferences with vendor regarding preparation of Rule 26 materials that were processed and to be delivered to Plaintiffs counsel this date; conferences regarding Exhibit"A"to the Order Granting Parties' Proposed Stipulated Protective Order Governing Confidential Information and Documents [DE 31]; meeting with vendor to retrieve original records; conferences with RAA to update on various issues; reviewed Plaintiffs Motion to Amend Complaint, due August 10, 2018 and the Court's Paperless Order granting same; prepared tickler to receive; 3.10 RAA Request additional information from City re: body cam footage. 0.20 08/10/2018 IR Conference with TAD and RAA regarding Plaintiffs Amended Complaint due today; reviewed portions of Order Granting Parties' Proposed Stipulated Protective Order Governing Confidential Information and Documents [DE 31]; telephone conference with Copy Scan regarding invoice for Rule 26 project assistance this week. 0.60 RAA Confer with Attorney DeCarlo re: summary judgment and amended complaint filed by plaintiff; Receive/review amended complaint; Review and analyze case law re: potential bases for challenge of amended complaint. 2.20 TAD Confer with RAA re: expert information and motions to be prepared. 0.30 08/14/2018 RAA Review and analyze case law on portion of plaintiffs claim re: custom of force; Begin drafting motion for summary judgment; Receive/review notice of nonparty production from officers' counsel; Telephone conference call with expert witness re: evidence; Draft follow up correspondence to expert witness re: confirmation of retention. 2.80 08/15/2018 RAA Continue drafting legal analysis section of summary judgment motion; Review and analyze case law re: first amendment retaliation claim and malicious prosecution claims; Receive/review correspondence from officers counsel re: notice of nonparty production; Draft Answer and Affirmative Defenses to Amended Complaint. 5.00 08/16/2018 RAA Confer with Attorney DeCarlo re: responding to Amended Complaint; Continue review and summarization of case law re: first amendment retaliation claim asserted by Plaintiff. 0.50 TAD Review discovery requests to plaintiff and revise same re: additional information. Confer with RAA re: discovery status. 0.30 08/17/2018 RAA Telephone conference call with opposing counsel re: discovery extension and follow up correspondences re: video evidence; Additional review and Page 588 of 940 Page: 3 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905282 STATEMENT NO: 21819 adv. Garber M.D., Harvey (excessive force) HOURS summarization of case law re: plaintiffs First Amendment claim; Confer with Attorney DeCarlo re: litigation update and response to Amended Complaint. 3.20 08/18/2018 RAA Further review and summarization of case law applicable to plaintiffs First Amendment retaliation claim. 1.40 08/20/2018 IR Reviewed Plaintiffs Answers and responsive documents to various discovery requests; updating Witness Tracking chart, with Plaintiffs businesses and other witness information; 2.10 RAA Telephone conference call with officers' counsel re: responding to complaint; Receive/review officers' motion for extension of time to serve amended complaint; Review and analyze case law on excessive force claim made by plaintiff and add to summary judgment outline; Draft motion to strike certain allegation in amended complaint. 4.00 08/21/2018 RAA Review and analyze case law in support of motion to strike and finish drafting same; Additional review and edits to Answer and Affirmative Defenses. 2.30 08/22/2018 RAA Correspondences with Risk staff re: payment to expert witness; Final review and edits to interrogatories, requests for admission and requests for production to plaintiff; Final review and edits and answer/affirmative defenses and motion to strike. 2.80 08/23/2018 RAA Receive/review letter from Officers' counsel re: summarization of plaintiffs discovery responses. 0.50 08/24/2018 TAD Prepare correspondence to city re: discovery responses. Review discovery requests and answer and affirmative defenses and revise same. Confer with RAA re: discovery and answer. 1.80 08/27/2018 RAA Final review and edits to Answer and Affirmative Defenses; Correspondence with police practices expert re: records and payment; Prepare plan and timeline re: expert witness; Telephone call to officers' counsel and leave message re: use of experts; Correspondence to all counsel of record re: service of written discovery; Telephone call to assistant police chief re: interrogatory responses; Follow up correspondence from assistant police chief re: same; Telephone conference call with opposing counsel re: good faith conference on Motion to Strike. 2.40 08/28/2018 RAA Correspondences with Assistant Chief re: interrogatory responses. 0.20 08/29/2018 RAA Correspondence with assistant chief re: interrogatory responses; Prepare final responses for service on opposing counsel; Telephone calls to fact witnesses listed in Plaintiffs Rule 26 disclosures; Evaluate setting depositions of two fact witnesses. 0.80 08/31/2018 RAA Correspondence with opposing counsel re: setting fact witness depositions; Receive/review reservation of rights letter from insurance trust. 0.60 FOR CURRENT SERVICES RENDERED 52.20 9,693.00 Page 589 of 940 Page: 4 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905282 STATEMENT NO: 21819 adv. Garber M.D., Harvey (excessive force) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 36.90 $205.00 $7,564.50 INGRID RIERA 12.60 125.00 1,575.00 TRACEY A. DECARLO 2.70 205.00 553.50 Photocopies 12.95 TOTAL EXPENSES THRU 08/31/2018 12.95 TOTAL CURRENT WORK 9,705.95 BALANCE DUE $9,705.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 590 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905289 Boynton Beach FL 33425 STATEMENT NO: 21820 Attn: Lynn Swanson adv. Van Ottern, John (Auto Accident) Billing Category: 18- RLO Claim# HOURS 08/16/2018 RAA Receive/review summons and complaint; Review case law and statutes re: jurisdiction over traffic signal devices; Review county code re: same; Request documents from City re: traffic control device maintenance agreements; Confer with Attorney DeCarlo re: same. 2.40 08/17/2018 RAA Telephone call to Building Official's office and leave message re: traffic light maintenance inquiry; Confer with Attorney DeCarlo re: summons and complaint served on City and response. 0.40 08/20/2018 RAA Correspondences with Building Official re: traffic light maintenance; Review GPS imagery re: location of accident as alleged in Complaint; Correspondences with Risk Manager re: responding to complaint. 0.60 TAD Receipt and review of correspondence re: claim information. Confer with City re: status and response. 0.30 08/21/2018 RAA Telephone call to opposing counsel and leave message re: complaint deficiencies. 0.20 08/23/2018 RAA Telephone call to opposing counsel re: Complaint deficiencies; Telephone conference call with building official re: maintenance obligations of traffic signals. 0.30 08/31/2018 RAA Review and analyze case law on sanctions for plaintiffs failure to comply with pre-suit notice requirements. 0.40 FOR CURRENT SERVICES RENDERED 4.60 943.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 4.30 $205.00 $881.50 TRACEY A. DECARLO 0.30 205.00 61.50 Page 591 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905289 STATEMENT NO: 21820 adv. Van Ottern, John (Auto Accident) TOTAL CURRENT WORK 943.00 BALANCE DUE $943.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 592 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905297 Boynton Beach FL 33425 STATEMENT NO: 21821 Attn: Lynn Swanson adv. Ortiz, Jade (personal injury) Billing Category: 18- RLO Claim# HOURS 08/01/2018 TAD Continue review of permit information provided by DEP re: construction of the boardwalk. Prepare correspondence to engineer re: same. Prepare correspondence to City re documents and meeting. Receipt of documents re: prior litigation over project. 2.40 IR Receipt and review emails between counsel and the City of Boynton Beach, including review of several permits issued by the City, as well as Resolution and Agreement with Miller Legg for design and contract with Palm Beach Marine; initial preparation of trial witness tracking charts, for anticipated litigation. 2.40 08/13/2018 TAD Receipt and review of correspondence from DEP re: response to request and prepare response to same. 0.30 08/14/2018 TAD Prepare correspondence to City re: information from investigation and meeting with Ramsey. 0.80 08/16/2018 TAD Receipt and review of correspondence from adjuster re: status. Prepare response to same. Prepare correspondence to City and adjuster re: claims. 0.30 FOR CURRENT SERVICES RENDERED 6.20 1,079.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.40 $125.00 $300.00 TRACEY A. DECARLO 3.80 205.00 779.00 Photocopies 3.15 TOTAL EXPENSES THRU 08/31/2018 3.15 TOTAL CURRENT WORK 1,082.15 Page 593 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905297 STATEMENT NO: 21821 adv. Ortiz, Jade (personal injury) BALANCE DUE $1,082.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 594 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905320 Boynton Beach FL 33425 STATEMENT NO: 21822 Attn: Lynn Swanson adv. Russell Hugh Cooper Billing Category: 18- RLO HOURS 08/01/2018 RAA Correspondence with opposing counsel re: initial disclosures; Correspondences with officers' counsel re: location of evidence relevant to the claim. 0.40 08/02/2018 RAA Receive/review plaintiffs initial disclosures. 0.40 08/08/2018 RAA Telephone conference call with officers' counsel re: expert witness retention. 0.30 08/10/2018 RAA Confer with Attorney DeCarlo re: discovery issue. 0.20 TAD Confer with RAA re: expert information and status of claims. 0.30 08/17/2018 RAA Receive/review motions for substitution of counsel and extension of time to serve amended complaint. 0.50 08/20/2018 RAA Receive/review Amended Complaint; Receive/review order from court denying motion for substitution of party. 0.70 08/21/2018 RAA Receive/review exhibits to motion for substitution of counsel; Receive/review order denying the motion; Receive/review certificate of service of Amended Complaint on officer defendant. 0.60 08/24/2018 RAA Receive/review notice of nonparty production in response to subpoena. 0.20 08/27/2018 RAA Review and analyze Amended Complaint allegations; Draft section of Motion to Dismiss re: 1983 claim; Review and analyze case law re: Americans'with Disabilities Act claim; Begin drafting section of Motion to Dismiss re: same; Receive/review Sheriffs proposed motion for extension of pretrial deadlines and correspondences re: same. 4.40 08/28/2018 RAA Additional review and analysis of case law and statutes re: plaintiffs claim under Americans with Disabilities Act; Continue drafting section of Motion to Dismiss re: same; Receive/review filed Motion for Extension of Pretrial Deadlines; Correspondence with opposing counsel re: Motion for Substitution of Plaintiff. 5.10 Page 595 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905320 STATEMENT NO: 21822 adv. Russell Hugh Cooper HOURS 08/29/2018 RAA Receive/review clerk's notice re: co-defendant's filing error. 0.20 08/30/2018 TAD Extended telephone conference with Officer counsel re: claims and expert. Confer with RAA re: same. 0.30 RAA Additional review, analysis and summarization of case law on Plaintiffs statutory claim under Americans with Disabilities Act; Finish section of Motion to Dismiss re: same; Confer with Attorney DeCarlo re: same. 6.80 08/31/2018 TAD Review motion to dismiss and edit same. Confer with RAA re: motion to dismiss and order resetting deadlines. 1.10 RAA Additional review and analysis of case law for Plaintiffs Americans with Disabilities Act claim; Final review and edit of Motion to Dismiss and confer with Attorney DeCarlo re: same; Receive/review order granting Motion to Extend deadlines in trial order. 6.90 FOR CURRENT SERVICES RENDERED 28.40 5,822.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 26.70 $205.00 $5,473.50 TRACEY A. DECARLO 1.70 205.00 348.50 Photocopies 5.25 TOTAL EXPENSES THRU 08/31/2018 5.25 TOTAL CURRENT WORK 5,827.25 BALANCE DUE $5,827.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 596 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905330 Boynton Beach FL 33425 STATEMENT NO: 21823 Attn: Lynn Swanson adv. Harris, Elisha (Fallen Tree Property Damage) HOURS 08/21/2018 TAD Receipt and review of demand letter and documentation supporting same. 0.30 08/28/2018 TAD Receipt and review of claim information and correspondence. 0.30 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 597 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905331 Boynton Beach FL 33425 STATEMENT NO: 21824 Attn: Lynn Swanson adv. Luchey, Andrew (Demolition) Billing Category: 18- RLO Claim# HOURS 08/04/2018 RAA Additional review of demolition file; Review statutes relevant to claims asserted by Luchey in letter to City; Draft letter to Risk Manager summarizing information and providing legal opinion. 2.20 08/06/2018 RAA Additional review and edits to letter providing update re: summary and opinion on notice of claim and demolition file; Correspondences with building department staff re: same. 0.50 08/17/2018 TAD Receipt and review of correspondence re: status and prepare revisions to same. 0.30 08/21/2018 RAA Additional review and edits to letter to Risk Manager re: initial claim evaluation. 0.40 FOR CURRENT SERVICES RENDERED 3.40 697.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 3.10 $205.00 $635.50 TRACEY A. DECARLO 0.30 205.00 61.50 Photocopies 0.70 TOTAL EXPENSES THRU 08/31/2018 0.70 TOTAL CURRENT WORK 697.70 BALANCE DUE $697.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 598 of 940 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 09/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905336 Boynton Beach FL 33425 STATEMENT NO: 21825 Attn: Lynn Swanson adv. Wright, Bernard (discrimination) Billing Category: 18- RLO Claim# HOURS 08/06/2018 RAA Confer with Attorney DeCarlo re: court's sua sponte dismissal of complaint. 0.20 TAD Receipt and review of correspondence re: information on communications with recreation department. Receipt of additional documents from City. Review plaintiffs memorandum of law re: response to order. Review docket information re: claim status. Prepare correspondence to City re: same. Receipt of correspondence re: records request. 2.40 08/08/2018 TAD Prepare correspondence to adjuster re: status of case. 0.20 08/13/2018 TAD Receipt and review of docket and prepare correspondence to City re: status of case. 0.30 08/14/2018 IR Receipt and review of potential new matter, including back-up materials received from the City of Boynton Beach; initial preparation of trial witness tracking chart. 1.30 08/16/2018 TAD Receipt and review of correspondence from adjuster re: status. Receipt of correspondence re: orders. 0.20 08/17/2018 TAD Receipt and review response to request for information on claim and information provided. 0.30 FOR CURRENT SERVICES RENDERED 4.90 900.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.20 $205.00 $41.00 INGRID RIERA 1.30 125.00 162.50 TRACEY A. DECARLO 3.40 205.00 697.00 Photocopies 1.05 Page 599 of 940 Page: 2 CITY OF BOYNTON BEACH 09/05/2018 ACCOUNT NO: 306-9905336 STATEMENT NO: 21825 adv. Wright, Bernard (discrimination) TOTAL EXPENSES THRU 08/31/2018 1.05 TOTAL CURRENT WORK 901.55 BALANCE DUE $901.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 600 of 940 6.M. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on August 21, 2018. EXPLANATION OF REQUEST: The City Commission met on August 21, 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 August 21, 2018 minutes Page 601 of 940 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, AUGUST 21, 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 5:00 pm Roll Call City Clerk Pyle, called the role, there was a quorum. A private-attorney/client closed-door session will be held on August 21 st, 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 Attorney Cherof advised the Attorney/Client Closed Door Session would last about an hour. Meeting recessed at 5:02 P.M. for the Attorney/Client Closed Door Session. A. Call to Order- Mayor Steven B. Grant Mayor Grant called the regular meeting to order at 6:30 p.m. Invocation Former Mayor Woodrow Hay gave the invocation. Pledge of Allegiance to the Flag led by Vice Mayor Romelus Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval• Page 602 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 1. Additions, Deletions, Corrections None 2. Adoption Motion Commissioner Katz moved to approve the agenda. Commissioner Mcry seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz indicated he had nothing to disclose. Commissioner cCray indicated he had nothing to disclose. Thanked the City Manager and Eleanor Krusell for the tour of the temporary City Hall. Vice Mayor Romelus had nothing to disclose. Commissioner Casello had nothing to disclose. He acknowledged his wife, Josephine and his daughter, Trinity in the audience. Mayor Grant stated on August 8th he met with Steve Abrams from District 4 of the County Commission.August 9th attended Feeding South Florida in Boynton Beach. Met with Todd Jones, CEO of Publix Supermarkets. the Publix Charities were giving $5M to alleviate hunger throughout the Country and gave $150,000 to the local Feeding South Florida. Attended the YMCA Steam program for their summer camp. August 11th assisted the Church of Jesus Christ of Latter Day Saints raising the headstones at Boynton Memorial Park. Attended the Bridges Back to School Bash at St. John Missionary Baptist Church and celebrated the 126th anniversary of St. Paul AME Church. August 12th attended the American Muslim Alliance.August 13th met with Police Chief Gregory. Shared he received an email stating some individuals are not coming back to Boynton Beach, because the police are making sure people are doing the speed limits. August 14th attended the Crosspointe Elementary Mission 500, where a local charity gave backpacks to the students, attended the V.J Day of Remembrance and went with Congresswoman Lois Frankel to the Cultural Council. Indicated Ms. Frankel would represent Boynton Beach for the next two years. August 15th attended the Steering Committee for the Transportation Planning Agency. Mayor Grant thanked the Commission regarding 2 Page 603 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 approving the funds for the Transportation Planning Agency. August 16thattendedPalm Beach Rehabilitation Center on Congress and SW 6th in Lake Worth. Stated the agency provides services for handicap individuals in need. Attended the Florida League of City Legislative Policy Committee for Land Use and Economic Development. August 18th attended the Florida League of City business delegation. August 19t" had lunch with the State Attorney. Commissioner cCray noted he received a thank you from Ms. Queen Ester McClendon for the recognition of her 102nd birthday. 3. ANNOUNCEMENTS, COMMUNITY& SPECIAL EVENTS & PRESENTATIONS A. Proclaim August 31, 2018 as National Overdose Awareness Day. Mayor Grant proclaimed August 31, 2018 as National Overdose Awareness Day and read the proclamation into the record. Sharon Burns Carter, Southeast Florida Recovery Advocates, Ian Mautner Foundation, thanked the Commission for their support. Linda Mautner, Ian Mautner Foundation, thanked the Commission for their continued support. Noted she appreciated the community support and prayer. Mayor Grant noted he received notification regarding Quiet Coffee hour, at 412 East Ocean Caf6. Hoover the Basset Hound will be in attendance. Hoover howls whenever the train goes by. 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. Colin Groff, Assistant City Manager, provided a history and rendering of the new City Hall Complex. Provided some historical pictures regarding the old City Hall. Provided a brief history of the City of Boynton each and their decision to build a new City hall back in 1957. The complex cost was $154,000. Mr. Groff showed some historical pictures of the City Hall in 1960's, 1970's and 1980's. The City was moving to several different locations. Mr. Groff stated the Library, was now open and working and located at 115 North Federal Highway. Customer Services was now located at 209 North Searcrest Blvd; Development and Permitting will be closing August 31 st and will reopen September 4th at Quantum Park, 3301 Quantum Boulevard. Mr. Groff noted the next three weeks all of City Hall was moving out of the building. Commissioner cCray stated he was in Elementary School in 1960 when all of this was going on, he did not vote for it at that time. 3 Page 604 of 940 Meeting Minutes City Commission Boynton each, Florida August 21, 2018 C. Announce early voting for the August 28th Primary Election being held from Monday, August 13th through Sunday, August 26th at the Boynton each Civic Center. The polls are open from 10 a.m. to 6 p.m. each day. Mayor Grant announced there was early voting for the Primary Election on August 28, 2018. Early voting would be at the Boynton Beach Civic Center from 10 a.m. to 6 p.m. each day, August 13-26, 2018. D. Announced September Commission Meeting: 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 6:00pm 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 Mayor Grant announced the 1st September Commission meeting and the hearing for the Fiscal Year 2018/2019 budget and millage rate on September 6, 2018. The Special Commission meeting and Final Fire Assessment Rate Resolution is schedule for September 11, 2018. The final adoption of the millage rate and 2018/209 budget is scheduled for September 20, 2018. Informed the audience the City needed to move the meeting to Thursday because the City needed to comply with the School District and the County's hearing dates. Reminded the residents all future meetings will be held at Intracoastal Park. E. Recognize the significant military accomplishments of Master Sergeant Tanitra Lee, A life-long resident of the City of Boynton each. 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. Mayor Grant recognized the in significant military accomplishments of Master Sergeant Tanitra Lee, and read her accomplishments into the record. Family members accepted the citation in recognition of Master Sergeant Tanitra Lee's accomplishments. Her mother read a letter from Master Sergeant Tanitra Lee, thanking the City of Boynton each for the recognition. Page 605 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion oft Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer, 140 SE 47 Way, provided the following short clips to the Commission. Indicated there was extreme weather all over the United States. asked what can be done. the expert told us the deadline. We can try to mitigate the problem; everyone needs to plant more trees. As a City the City needs to plant the right type of trees. She suggested to be the change you want to see in the world. Brenda Lee Williams, 337 NE 24 Ave, thanked the City Manager for the appointment of the Police Chief and welcomed him to the City of Boynton each. Indicated her neighbor to the west; the house has been abandoned. Stated someone boarded up the house, the fence was down. She indicated this was her official report, she believed the address was 341. Kelvin Homer 2505 Lake Drive North, thanked Boynton Cares which hosted the August cleanup at Intracoastal Park. Wanted to thank Boynton Pizza, LaBrasa, Deep Ocean Reef Bar and Grill for their gift cards, Searcrest Recovery and the other volunteers who came out to help. The next cleanup will be piggybacked with "Keep Palm each Beautiful" for the International cleanup day on September 15, 2018 at 9 am. Wanted to thank Eleanor Krusell for keeping Boynton Cares in the spotlight. Mr. Homer said if removing plastics from the environment was not your thing, how about the SWAT team, hostage negotiation. The Boynton each Police Department used his house for a drill. These men and women place their life on the line for all the people. He mentioned in a prior Commission meeting, the Department may want to look at the message "I want you to know me, before you need me". Thanked the Police Department again. Barbara Bernadine 9873 Lawrence Road, thanked the Commissioners and Mayor for all the work that they do for the City. Wished Commissioner Casello and his family all the best. Thanked the new Police Chief and all those serving under him. She mentors young men and women in the community. Commissioner cCray wanted to thank the Police Chief regarding the assault weapon which was found. Also, there was a pothole at the Senior Center. 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: 5 Page 606 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 It Commission: 2 Alts Building Board of Adjustments &Appeals: 1 Reg and 2 Alts Planning & Development Bd: 1 It Recreation and Parks Bd: 1 Reg Senior Advisory Bd: 1 It Mayor Grant read the open positions. Motion Commissioner cCray moved to nominate Boni Butch Buoni to the Planning & Development Board (Alt). Commissioner Casello seconded the motion. Vote The motion unanimously passed 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each it with all of the accompanying material to become a part of the Public Record and subject to staff comments. Commissioner cCray requested to pull item A. Mayor Grant requested to pull item B A. PROPOSED RESOLUTION NO. R18-115 - Delegate authority to South Central Regional Wastewater Treatment and Disposal Board (SCRW TB) 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. Commissioner cCray wanted staff to clarify the Resolution. Inquired as to who was spending the money and what was the money being spent on. Collin Groff, Assistant City Manager, stated this resolution was authorizing the South Central Regional Wastewater Treatment and Disposal Board (SCR W TB) to enter into a contract to receive a bond. Informed the audience the Sewer Plant was jointly owned by the City of Boynton each and the City of Delray. Explained the board members represent each City. The current sewer plant was 40 years old and in need of repairs. The City was authorizing the board into a contract for a bond in the amount of 15.5M. Stated the bank indicated the interlocal agreement was not clear. Mr. Groff stated the bond will not affect the utility rate the City pays the board for treating the sewer. 6 Page 607 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Commissioner cCray wanted this clarified to the citizens of Boynton each, that this was a joint effort between the City of Delray and the City of Boynton each. Mayor Grant asked fora motion. Motion Commissioner cCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed B. PROPOSED RESOLUTION NO. R18-116 - Approve Release of Unity of Title for BTS South as part of the Town Square project. Mayor Grant met with John K. Markey regarding the unity of title. Thanked Mr. Markey for his help in resolving the issue with the unity of title. Motion Vice Mayor Romelus moved to approve with the correction of the spelling of Mayor Grant's name. Commissioner McCray seconded the motion. Vote The motion unanimously passed 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. Mayor Grant thanked the Public Works staff for all the work which was done. 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 Mayor Grant asked for a motion. 7 Page 608 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Motion Commissioner McCray moved to approve the Consent Agenda as amended. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 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. Mayor Grant read the item into the record by title only. Motion Commissioner cCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 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. Mayor Grant read the item into the record by title only. Motion Vice Mayor Romelus move to approve. Commissioner cCray seconded the motion with discussion. Commissioner cCray asked if the generators were being secured. Joe Paterniti Interim Utility Director, responded the generators are being secured at the East and West Water Plant sites. Indicated these are mobile generators. 8 Page 609 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Commissioner Casello inquired if this brings the City up to a full complement of portable generators. Mr. Paterniti responded the City has generators in the event of emergencies. The City has some dry prime pumps at the Master Station which take care of the Master Pumping stations. These mobile generators handle any other power outage. 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. A. Approved JR Watersports Expansion (COU S 18-003 / MSP M 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. Mayor Grant read into the record. Attorney Cherof stated this was a quasi-judicial proceeding, swore in all those who wished to testify. Janna Wood, Owner of JL Watersport, indicated this was their current business location for over eight years. Showed the inside of the current boat dealership and pro shop. Informed the Commission JL Watersport currently sells approximately 40 boats per year. They offer customization, sell boat parts and miscellaneous items. Ms. Wood provided a picture of the current AmeriGas property which will be transformed into a beautiful landscape boat dealership and ship to shore store. Renovations will comply with the current Code. The site plan includes decorative walkways, stone picnic tables, new fencing and landscaping of the area as well as the parking lot. Mayor Grant inquired if this would include the sidewalk on SE 6 th Avenue as part of the site plan. A representative for JL Water Sport responded yes, the sidewalk will terminate near the crossing gate. Commissioner Casello inquired as to the time estimated to have this project completed. Representative for JL Watersport indicated the bids are already in. K. Watersports was waiting to receive the last approval. Indicated they should be in permitting within a month, and should be complete before December. 9 Page 610 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Commissioner Casello noted this property was contentious in the bidding, the property was are by the CRA to JIL Watersport. He was happy to see this project moving forward. Believed this would be an asset on Al A. Commissioner McCray thanked JL Water Sports for stepping up to the plate. Mayor Grant called fora motion. Motion Commissioner Mcry moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 9. CITY MANAGER'S REPORT A. Discuss procedure for Commission members to place matters on a City Commission agenda. Mayor Grant stated the Commission discussed procedures at the August 7, 2018 Commission meeting. Mayor Grant requested staff outline a process where agenda items may be placed on the City Commission agenda. Although a written policy does not exist, past practices 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 City Commission meeting and request the topic be placed on the next agenda or on the Future Agenda. Typically, if there was a consensus by the Commission to place the matter before the Commission at a future date, to insure the item was placed on Future Agenda. Mayor Grant asked if the Commission wanted to place those items at the beginning of the meeting, during agenda approval or when the Commission was discussing future agenda items. Indicated the Commission has done both. Commissioner Katz stated he believed this should be done at the end of the meeting. There should be a distinction if the Commission wanted it on the next agenda. Mayor Grant indicated the Commission has agreed to whatever was on the Future Agenda item would go under New Business whenever it was being heard for the first time. There should be a majority to hear the item, but not a majority to move forward. It was important the Commission have the ability to freely speak about ideas in the Sunshine. Once the Commission knows a Commissioner wants to speak about an item, they cannot speak about the item, unless it was in the Sunshine. Which may be voted on in the 10 Page 611 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 foreseeable future. He would like to place it before the future agenda items, for the upcoming meetings. There was a majority. 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 expanded. Mayor Grant said City staff has come up with a proposal to do a pilot program. Wally Majors, Recreation and Parks Director, indicated the City was proposing a pilot event, to allow staff to experience what it would be involved with implementing this type of event. The City was dealing with County and private property. Staff was recommending creating an area on the northern half of the park, which would be approximately 450 square feet. This would give individuals with dogs use of this area from 9 am to noon. It will take approximately two hours to install temporary fencing which would be required to maintain the boundary to prevent the dogs from entering private property and disturbing patrons. Staff will take the fencing down to the high tide water line, that seems to be the most attractive item, to allow the dogs to go into the water. There will be two part-time park rangers to monitor the area, to ensure the dogs remain within the area, ensure people are behaving or taking care of their dogs. Mr. Majors indicated there was the added challenge of not disturbing the turtle nests. Mr. Majors stated again the times for the program would be from 9 am -12 pm and then this would allow for park maintenance workers to dispose of the waste. Commissioner cCray asked about the turtle nesting season and requested additional information regarding hiring two part-time Park Rangers. Mr. Majors responded these positions have been approved for the upcoming fiscal year. The part-time Park Rangers would begin in October. Commissioner cCray stated the City did not expect to begin this program until after October. Mr. Majors noted the City needed to have some conversations with Palm each County Environmental Resource Management Department regarding the turtle nesting season. Commissioner cCray asked at this point were there no dates available. Mr. Mayors responded October or November. He responded they should have the Park Rangers trained and ready to begin by the mid October. Commissioner cCray asked if this must come back to the Commission for a date, place, time, plus the part-time park rangers must be trained. How long was the pilot program 11 Page 612 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018. expected to last? Mr. Majors indicated the intent was to do it once, to see the challenges. Staff will come before the Commission to make a report. Staff chose this option because it will give the City the best opportunity to do this in the appropriate and safe manner. Commissioner McCray stated if the Commission approves this item, staff should get advertisement out to make sure the residents utilize this program. Commissioner Casello asked about the temporary fencing. Asked if City have some of this fencing in a different department which may be utilized. Mr. Majors indicated he did not know it the City had enough temporary fencing. He did not know if the temporary fencing could be shared with other functions. Mr. Mayors stated if they did not need to spend the money they would not. Commissioner Casello asked if there was some signage regarding the rules and regulations regarding the dogs on the beach. Mr. Majors indicated he was being conservative when it came to the signage. He did not want to invest extensive amounts of funds into the pilot program. He indicated he would work with staff to make sure they have informational signage. Commissioner Casello asked if the City staff could make it mandatory the people walking their dog bring their own waste bags. Most of the people attending this function are responsible dog owners. Asked if the City could provide some doggy bags; along with the signage and getting the fence up, this could be a successful event. Mr. Majors indicated they have plenty of doggy bags, as well as shovels. The sand environment was difficult Commissioner Casello asked about the pop up tents. Mr. Majors indicated the problem with the pop up tents was any breeze over 10 miles per hour the tents would blow away. Ms. LaVerriere indicated staff could reach out to the local businesses such as Petco and Pet Supermarket to see if they were willing to partner with the City and possibly participate in some activity. Mayor Grant asked if this was for dogs which are leashed. Mr. Major responded this would be very awkward to walk a dog on a leash dog on the sandy beach. Mayor Grant asked if Mr. Majors could come up with an idea for leashed dogs. Mayor Grant noted anything below the high tide water mark was public domain. Whether there was a timed event at which people could walk their dogs on the beach in the low tide area. It would be easier than on the dry sand area. Mr. Major stated they looked at different areas for different size dogs, but in this area it would be a challenge. Indicated the City was looking into options. Mayor Grant related when he was in Jacksonville the hours were from 9-4 pm for leashed dogs. Commissioner McCray asked what would be the City's liability if the dogs were to attack anyone. Commissioner Katz indicated this would be the same liability as with any other park which allows dogs on leashes. Commissioner McCray stated the parks which the dogs are allowed the dogs are on leashes. 12 Page 613 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Vice Mayor Romelus asked how long would the special day last. Mr. Major responded it would be from 9 am -noon on a Saturday morning. Vice Mayor Romelus indicated staff would be responsible for cleaning the area after the event. Mr. Majors responded he was recommending three Park Maintenance workers. After the erection of the fence their primary responsibly was to keep the area clean and do a visual scan after the event. Vice Mayor Romelus stated, for the record, she was against this in the beginning and she believed this was a waste of time and City resources. Recently the City decommissioned the City afterschool program due to staffing. The City was now hiring staff to pick up dog waste. Mayor Grant stated his proposal for a second day for leashed dogs, if this was something the Commission was willing to consider. Commissioner Casello responded if this turned out to be a disaster let's just play it by ear. Commissioner Katz noted he was excited about the special event. Indicated there are some valid concerns with those who object to having dogs on the beach. There are many people who would love to have the opportunity to have free hours to test the City capabilities. This was a small amount of time, only three hours out of the year. He welcomed the opportunity of trying new ideas. Mr. Majors indicated he would be contacting the County regarding the turtle nesting. Mayor Grant asked when was the nesting season for the turtles. Mr. Majors indicated the nesting season was from May 1 through October 31 st . Ms. LaVerriere stated the City may be looking at November as a start date. Commissioner cCray noted he was not in favor of dogs on the beach, but he would not stand in the way to have the dogs on the beach. Mr. Majors indicated staff would make sure this was promoted. There was no further discussion. 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. Mayor Grant read the Proposed Resolution R1 8-117 into the record by title only. 13 Page 614 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 219 2018 Motion Vice Mayor Romelus moved to approve with discussion. Commissioner cCray seconded the motion with discussion. Commissioner cCray asked how much revenue would the City receive from Hypoluxo from October 1, 2018 thru September 30, 2025. Lori LaVerriere responded next year was $436,000 then it was a 4% escalator per year. Indicated the Town of Hypoluxo requested an extension clause for an additional 7 years, after the first 7 years expires. Vote The motion unanimously passed. 12. LEGAL Mayor Grant indicated staff has recommended to keep tabled items 12-A thru 12-D. 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 (CDRV1 8-001) 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 (CV 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 14 Page 615 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 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 Attorney Cherof read Proposed Ordinance No. 18-021 on first reading, by title only, into the record. Andrew Mack, Director of Public Works, indicated since 2015 the Solid Waste Division has seen significant increases in personnel and benefit costs, waste disposal fees, vehicle service, vehicle replacement costs, post closure activity of the City land fill. Staff was requesting a multi-year increase to the residential solid waste rate. The purpose was to cover the following: the addition of two new drivers, two heavy equipment operators, purchase of solid waste vehicles, switching from a seven-year replacement cycle to a four-year replacement cycle, replacing aging carts, dumpsters and roll off containers, pay for expenditure of closing the City landfill, increase in solid waste disposal fees, and replenish the Solid waste fund. The current rate was $16 for residential and $12.25 for multi-family. They are proposing a $1 rate increase next fiscal year and an increase of .50 the next two fiscal years. Staff researched other cities that have Solid Waste operations; The City of Boca, Lake Worth, and West palm each. The proposed rate increase would insure the Solid Waste fund collects revenue to cover its fixed expenses and fund capital expenditures and to replenish the fund reserve. Commissioner cCray inquired when was the last time an increase was initiated. Mr. Mack responded in 2013. Commissioner cCray stated the citizens in District 2 are not satisfied with the services received. He was in favor of the increase. Mr. Mack stated the Commission approved the Routeware which will help with the tracking and improve services for the residents. Vice Mayor Romelus inquired if this would this take care of the issues of missed garbage days. Mr. Mack explained because of trucks being out of commission, staff used a rear load truck to pick up trash. Mr. Mack indicated with the addition of the two additional drivers and cycle change for the equipment, this should take care of the issue of missed garbage pickup. 15 Page 616 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Vice Mayor Romelus asked for an itemization of equipment and additional staff members. Mr. Mack responded the City purchased 8 additional trucks, 1 automated side loader, 2 commercial trucks, 2 commercial jet trash loaders for the vegetation, 1 Evo for the smaller street, 1 roll off truck, with two heavy equipment operators. Ms. LaVerriere noted the Utility department was in the process of cross training the drivers on all of the fleet as well as being licensed. Mr. Mack replied one of the issues the City had was drivers were not qualified to drive different type of vehicles. As stated by the City Manager, the drivers are being crossed trained with a career path being implemented. Commissioner McCray asked if the supervisory positions know how to drive those vehicles. Mr. Mack said he hoped that people which are in supervisory positions would have a CDL. Indicated staff was working on a template to be completed if trash was not picked up.A notification would go out on the internet as well as inform the Commissioners. Commissioner McCray stated the notifications should be sent to each Commissioner when there was a problem, such as when the trash was not picked up. Commissioner Casello noted when the trucks place the containers back down, the lids do not close. Asked if there was an ordinance or law which state the lids must be closed. Mr. Mack responded there is not an ordinance or health condition which state the lids must be closed. The City will be ordering new containers with predrilled holes, so that water would not collect in the bottom of the container. Commissioner Casello stated the older truck were ok the new trucks have this problem. Mr. Mack indicated this was not a health concern, staff needs to be more careful. Commissioner McCray stated staff would leave the container in the road and on the container side. Mayor Grant requested clarification regarding the four-year life cycle. Was the plan to get salvage value. Asked why was the City going from 7 to 4-year cycle? Asked if this was to recycle the trucks? Mr. Mack stated some of the trucks will be retained as backup. Explained these trucks are high maintenance trucks and the cycle was because of the maintenance. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion Clerk Pyle call the roll. Vote 16 Page 617 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 Commissioner Casello stated at the last Commission meeting there was a discussion on diesel exhaust filtration system in some firefighter gear dryers. The Commission voted and it was approved. He assumed that all stations had this filtration system. He stated this would be the first system installed. Ms. LaVerriere interjected that all stations have exhaust filtration systems, but not this newest style. Commissioner Casello indicated he would like to speak about the diesel exhaust filtration systems for the fire stations. He continued, 68% of service firefighters get cancer. Diesel fumes was a known cause of certain types of cancers. He would like to have that discussion of placing one exhaust filtration system per year over the next five years to possibly expediting the installation in a timelier basis. Mayor Grant asked if the Commission was in agreement to place this for discussion for New Business, when more information and funding could be discussed. Commissioner Casello asked what type of exhaust systems does the City fire stations have now? Deputy Fire Chief Clemons replied the City has a vehicle exhaust system in each fire station. The City currently has uprights/wall mounted systems, this was a hoseless system. Indicated research has shown that those particular exhaust systems do not effectively remove the cancer causing agents out of the station. The City was converting to the new Plymovent system, which was a direct source connect to the apparatus which would effectively remove all cancer causing agents from the stations. Commissioner Casello stated this was nothing more than a big fan. Noted they had this back in his day. Deputy Fire Chief Clemons explained Plymovent eliminates diesel exhaust from the fire stations and is a new product, which most fire stations are going in this direction. Commissioner Casello stated Delray and Boca Raton are 100% installed. Indicated he would like to have this discussion. Mayor Grant indicated he had two items. He spoke to the Sustainability Coordinator on plastic straws and styrofoam. There were some residents speaking about a straw ban. The Commission needed to appoint someone to District 4, he would like to do this while Commissioner Casello was still available. Indicated at the November 8 meeting, Commissioner Casello and Mayor Grant would not be present. He feels it would be good to have someone in place or someone who wants to apply available. Commissioner McCray asked counsel if there was a majority. Attorney Cherof stated that was correct. Commissioner cCray said he does not want to do anything in haste. This can be discussed at a later date. 17 Page 618 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 219 2018 Commissioner Katz asked if the Commission starts the process, does the selection of a replacement need to happen following the vacancy being created or can it be decided prior to the vacancy. Attorney Cherof stated the way in which the Code and Charter was worded was the vacancy creates the process. It was not the process which creates the vacancy. The Commission can talk about the procedures, how it will be done and announce it will be done; but, until there was a true vacancy, there was not a positon to fill. Mayor Grant asked about the letter of resignation which was filed by Commissioner Casello. Attorney Cherof indicated this was not effective. Commissioner Casello stated it was effective midnight, November 6th. Ms. LaVerriere asked if staff was to bring back options of what can be done on this item. Mayor Grant indicated in the affirmative. Mayor Grant thanked everyone for their attendance and stated it has been 61 years in the City Chambers and this was the last meeting being held until the new Town Square was completed. Invited all to come forward for a picture. 13. FUTURE AGENDA ITEMS A. Commission wants to discuss public safety as it relates to the Town Square Redevelopment— TIBD 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 each and Brittany Burngardner for a vacant parcel at the end of SW 201 Avenue adjacent to 1-95- T13D 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 7:57 p.m. 18 Page 619 of 940 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2018 CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner— Justin Katz Commissioner— Mack cCray Commissioner- Joe Casello ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 19 Page 620 of 940 6.N. CONSENTAGENDA 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy- backs for the procurement of services and/or commodities as described in the written report for September 20, 2018- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL TERM SOLICITATION NUMBER BALLARD PARTNERS, Appropriation Lobbyist City RFP No. 071-1210- October 1, 2018 thru INC. Services 17/IT September 30, 2019 ADVANCED By-Pass Pump City Bid No. 066-2821- October 6, 2018 thru GENERATOR SALES & Maintenance and Repair 15-J MA October 5, 2019 SERVICE ALLIED UNIVERSAL Sodium Hypochlorite, Piggyback of City of October 20, 2018 CORPORATION annual Supply Plantation Bid No. 016- thru October 19, 16 2019 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 621 of 940 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Attachment B I D EXTE NS I ON RE PORT® 9/20 Attachment RENEWAL INTEREST® BALLARD PARTNERS D Attachment RENEWAL INTEREST-ADVANCED D GENERATORAND SALES Attachment RENEWAL DOCUMENTS ® CITY O PLANTATION AWARD DOCUMENTS Page 622 of 940 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS September 20, 2018 REQUESTING DEPARTMENT. CITY MANAGER'S OFFICE DEPARTMENT CONTACT. TIM HOWARD TERM: October 1,2018 thru September 30,2019 SOURCE FOR PURCHASE: City RFP No.071-1210-1711T ACCOUNT NUMBER: 001-1211-512-49-17 VENDOR(S):Ballard Partners,Inc. ANNUAL ESTIMATED EXPENDITURE: $70,000 DESCRIPTION: On November 07, 2017, City Commission approved a one-year contract with Ballard Partners, Inc.for lobbyist services. The Contract allows for three(3)additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the first one-year renewal option thru 2019. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT. MICHAEL LOW TERM: October 6,2018 thru October 5,2019 SOURCE FOR PURCHASE: City Bid No. 066-2821-151JMA ACCOUNT NUMBESR: 401-2811-536.46-20&401-2816-536.46-20 VENDOR(S):Advanced Generator Sales&Service, Inc. ANNUAL ESTIMATED EXPENDITURE: $130,000 DESCRIPTION: On October 6, 2015, City Commission approved a two-year contract with Advance Generator Sales and Service, Inc.for diesel/propane generator and by-pass pump maintenance and repair services. The Contract allows for three(3)additional one-year renewal options with the same prices, terms and conditions. On October 3, 2017, City Commission authorized the first one-year renewal term. The vendor has agreed to renew the Contract for the second one- year renewal option thru 2019. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT.Michael Low TERM: October 20,2018 to October 19,2019 SOURCE FOR PURCHASE:Piggyback City of Plantation Bid No.016-16 ACCOUNT NUMBER:401-2811-536.52-28 VENDOR(S):Allied Universal Corporation ANNUAL EXPENDITURE:$300,000.00 DESCRIPTION: On September 20, 2016, City Commission authorized an annual piggyback of the City of Plantation's bid for the supply and delivery of sodium hypochlorite with Allied Universal Corporation. The Contract allows for four(4)additional one-year renewal options with the same prices, terms and conditions. On October 3, 2017, City Commission authorized the first one-year renewal term. The City of Plantation has renewed the contract for the second one-year renewal term thru 2019. PARTNERS August 13, 2018 City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Lori: On behalf of Ballard Partners, I am pleased to offer to the City of Boynton Beach a renewal of our current consulting agreement for another year at the same terms. The current agreement expires on September 30, 2018 and provides that "The City of Boynton Beach may extend the contract with the same terms and conditions for three additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will he in the best interest of the City." Please allow this letter to serve as "vendor acceptance" as stated in the current Contract. If you need further details please let me know. It has been a pleasure to represent the City of Boynton Beach and we look forward to many more successful years assisting you. Sincerely, Mat Forrest Partner TALLAHASSEE WEST PALM REACH JACKSONVILLE MIAMI 2o1 East Park Avenue,51'Flo ar 1<400 Centre Park Paulevard,Suite tot© 4400 Marsh Landing Parkway,Suite 2 2 Alharnbra Plaza,Suite 1o2 Tallahassee,FL 32301 West Palen Peach,FL334ot .Jacksonville Reach,PL 32250 Coral Gables,FL 33134 850.577.0444 FAX 850.577.0022 561.253.3232 904.834.2946 305.456.8479 FAX 7@6.542.6997 TAMPA ORLANDO FORT LAUDERDALE WASHINGTON D.C. 1726 East 7th Avenue,Suites 13-15 61.5 E South Street,Suite 566 401 E.Las Olay`Boulevard,Suit..1400 60113T.Street NW,Suite 459 N Tampa,FL 335OS Orlando,FL 32601 Ft.Lauderdale,FL 33301 Washington,DC 20005 613.374.6007 407.603,3876 954.302,5969 202.800,5620 FAX 202.600,662.3 Page 624 of 940 The City of Boynton Beach Finance/ProcurementSev res 100 L Boynton Beech Boulevard P.O.Box 3101 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6320 FAX:(561)742-6316 BID: DIESELIPROPANE GENERATOR,AND BY-PASS PUMP MAINTENANCE AND REPAIR BID No.: 466-2821-151JMA CONTRACT RENEWAL PERIOD: OCTOBER 6, 2018 THRU OCTOBER 5, 2019 V Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of October 6, 2018 thru October 5, 2019. No, I do not wish to renew the agreement for the following reason(s): ADVANCED GENERATOR SALES AND SERVICE, INC. aA NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE TITLE (Please print) / 79f - '/;)-g 6 DAT (AREA CODE)TELEPHONE NUMBER v . C i e E-MAIL ADDRESS America's Gateway to the Guff Stream Page 625 of 940 OFFICE OF THE MAYOR - CITY COUNCIL Diane Veltri Bendekovic, ��' Lynn Stoner, President Mayor Mark Hyatt, President Pro Tern Ron Jacobs FINANCIAL SERVICES Peter S. Tingom Anna C. Otiniano Plantation Director ncc isg ,,rmx' September 13,2018 Ms. Cristhianne Munguia Allied Universal Corp. 3901 NW 115 Avenue Miami,Florida 33178 Email: CristyM@Allieduniversal.com RE: ITB No.016-16; Supply and Delivery of Sodium Hypochlorite Dear Ms.Munguia: On September 12,2018, Consent Agenda Item No. 5 the City Council approved the City of Plantation to continue purchasing Sodium Hypochlorite from Allied Universal Corp,at a rate of$0.518/per gallon for split or full-tanker load. The revised contract expiration date shall be October 20,2019. The terms, conditions,and specifications of this contract shall remain in effect during the extension period, including insurance and/or performance bond coverage requirements. If insurance is required for this contract,you should review your expiration date(s)at this time to insure that your coverage is current and provide this office with an update certificate. We hope this will continue to be a rewarding profitable business relationship. Respectfully. L Char a Spencer,FCCM E Procurement Administrator Email: Espencer@plantation.org 400 NW 73rd Avenue ® Plantation,Florida 33317 954.797.2647 ® www.plantation.org Page 626 of 940 OFFICE OF THE MAYOR CITY COUNCIL Diane Veltri Bendekovic, Lynn Stoner, President Mayor Mark Hyatt, President Pro Tem Ron Jacobs FINANCIAL SERVICES Peter S. Tingom Anna C. Otiniano Plantation Director the grass is'greener= August 15,2018 Ms. Cristhianne Munguia Allied Universal Corp. 3901 NW 115 Avenue Miami,Florida 33178 Email: ; { _ civ � .cc�z RE:ITB No.016-16;Supply and Delivery of Sodium Hypochlorite Dear Ms.Munguia: The contract relating to ITB No.016-16;Supply and Delivery of Sodium Hypochlorite is set to expire October 20,2018. The Contract has provisions for renewal under Section"Contract Time"for four(4) additional one- (1-)year renewal periods. This would be the second of four(4) allowable renewal options. Note:The purpose of this letter is to determine your desire to this renewal provision.This inquiry does not constitute an extension of the contract. Someone with authorization to sign for your company must place their signature where indicated. THE FORM SIGNOR MUST BE AN OFFICER OF THE COMPANY OR YOU MUST PROVIDE A DOCUMENT FROM AN OFFICER OF THE COMPANY THAT AUTHORIZES THOSE LISTED TO SIGN ON THEIR BEHALF. Only the signature of as authorized officer or someone authorized to bind your company will be accepted. Your response must be received no later than 4:00 p.m.08/31/2018.Fax or email response will be accepted,(954)797- 2649 or Gbari::);s e 3 k1C & .: .:: ;.Failure to respond will be deemed as evidence that your company is no longer interested in requesting its option to renew this contract. Your cooperation in this matter is appreciated. For further information please contact Principal Buyer,George Barber at 954-797-2205 or email t 1 ,, rs.,c�: . YES:We offer to renew this agreement per the original terms,conditions,specifications,and revised pricing from the 2017/18 renewal to include pricing for new services identified herein for(1)year in accordance with ITB No. 016-16; Supply and Delivery of Sodium Hypochlorite contract. _ Bid Coordinator Authorized Signature Title Cristhianne Munguia August 22, 2018 Print Name Date NO:We do not wish to extend this agreement for the following reason: Authorized Signature Title 400 NW 73rd Avenue ♦ Plantation,Florida 33317 954.797.2647 ♦ www.plantation.org Page 627 of 940 9/10"018 Coversheet Plantation City Council Meeting Notice of City Council Meeting Wednesday,September 12,2018—7:30 PM Agenda Ct01t . Plantation City of Plantation City Hall Subject: Request for authorization and approval to continue purchasing sodium hypochorite(chlorine bleach)from Allied Universal Corp.using the City of Plantation current contract 016-16,through October 20,2019, at a cost of$0.518 per gallon for split or full-tanker load. Summary: Request for authorization and approval to continue purchasing sodium hypochorite(chlorine bleach)from Allied Universal Corp.using the City of Plantation current contract(Contract No. 016-16),through October 20,2019,at a cost of$0.518 per gallon for split or full-tanker load. Background: The current approved City of Plantation(contract)ITB No. 016-16 for he supply and delivery of sodium hypochlorite (chlorine bleach)is set to expire October 20,2018.The original contract for the purchase of this commodity was approved by City Council on July 13,2016-consent agenda item No. 7. Sodium hypochlorite is used in the treatment processes at both water treatment plants and the wastewater treatment plant.In total,all the treatment plants use approximately 237,400 gallons per year(water: 167,400 gallons;wastewater:65,000 gallons) . The approximate annual expenditure for this chemical is$122,973.20(water: $86,713.20;wastewater: $36,260.00). The City of Plantation ITB No. 016-16 allows for four four(4)one-(I-)years extensions. The Utilities Department has determined that Allied Universal,Corp,has performed in accordance with the requirements of the contract and wishes to exercise/execute the second of four(4) one-(4)year renewal options. This information is provided for your authorization to execute/exercise the second of four(4)one-(1-)year renewal options for the "Supply and Delivery of Sodium.Hypochlorite"Contract No.016-16 with Allied Universal Corp.with a revised expiration date of October 20,2019 at a cost of$0.518 per gallon for split or full-tanker load. This item is now ready for your consideration. Funding: 440-0100-533-5207-$70,000.00 440-0200-535-5207-$30,000.00 Amount: $0.518 per gallon for split or fall-tanker load. Finance Director/Budget Manager Recommendation: The Utilities Department budgeted$100,000 for the purchase of sodium hypochorite(chlorine bleach). hftps:flplantation.novusagenda.com/agendapublic/CoverSheet.aspx?ltemlD=6905&MeetinglD=436 Page 628 of %0 ! 9/1 ;2018 Coversheet Prepared By: Charles Spencer ATTACHMENTS: Description Upload Date Type p&nedRenewal Lett r 8/30/2018 Backup Material ,rirrl atsArr» nt 8/30/2018 Backup Material CQrl lrlal Ar�l�r°ov-ed o it Mem 8/30/2018 Backup Material https:Hplantation.novusagenda.com/agendapublielCoverSheet.aspx?itemlD=6905&MeetinglD=436 Page 629 of 92V 7.A. BIDS AND PURCHASES OVER$100,000 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTIOIN NO. R18-136-Authorize the City Manager to sign Task Order No. UT-1C-01 to Carollo Engineers, Inc. in accordance with RFQ No. 046- 2821-17/TP, General Consulting Services Contract, Scope Category C awarded by Commission on August 7, 2018 for GIS work in connection with Utility Infrastructure Management not to exceed $189,135. EXPLANATION OF REQUEST: Carollo Engineering and their sub-consultant, Florida Technical Consultants (FTC), have been working on the City Utility infrastructure base map in order to prepare hydraulic models and assist with management of the Utility systems. With the continued backlog of data, this task order will provide staff with assistance updating the base map and enable improved research of field conditions. Additionally, FTC will migrate the data into the City/Utility SQL server which will facilitate the use of other existing software systems. Finally, the project will provide mechanisms for expanding use of the technologies by field crews for infrastructure locations and troubleshooting daily and emergency situations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Having an accurate base map is essential for the operation of the Utility. This will enable the Utility to improve planning system repairs and improvements, shorten response time addressing system problems, and provide accurate location of lines to prevent problems during construction work. FISCAL IMPACT: Budgeted The total cost of$189,135 will be met from accounts: 403-5000-535-31.90 403-5000-536-31.90 ALTERNATIVES: The alternative is to not update the base map. Lower accuracy base map may lead to higher ongoing costs for the Utility to maintain infrastructure. Lower accuracy base map will not provide the Utility with best data needed for Utility budgeting and operations. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 630 of 940 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Task Order UT-1C-01 with Carollo Engineers D Contract Carollo Contract D Task Order Carollo Task Order Ut-1C-01 Page 631 of 940 1 RESOLUTION NO. R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN TASK ORDER U-2C-03 WITH CAROLLO 6 ENGINEERS FOR GIS WORK IN CONNECTION WITH THE 7 UTILITIES MANAGEMENT OPTIMIZATION PROJECT IN AN 8 AMOUNT NOT TO EXCEED $139,700.00; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, Carollo Engineers, a company which falls under the General Consulting 12 Services Agreement dated July 1, 2014 (RFQ 017-2821-14/DJL), and their sub-consultant, 13 Florida Technical Consultants (FTC), have been working on our base map as part of the 14 Utilities Management Optimization Project in order to prepare hydraulic models of our 15 systems; and 16 WHEREAS, it was determined that there was a considerable back log of work to add 17 a large number of recent developments into our base map; and 18 WHEREAS, this proposed Task Order will provide staff with assistance in bringing 19 the base map up to date and to design mechanisms to facilitate future additions and prevent 20 this situation from reoccurring; and 21 WHEREAS, staff is recommending that the City Commission approve and authorize 22 the City Manager to sign the Task Order U-2C-03 with Carollo Engineers for GIS work in 23 connection with Utilities Management Optimization Project in an amount not to exceed 24 $139,700.00. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BAOED2C-B41 D-400E-9283-ACAC6781 FBAC\Boynton Beach.12516.1.Carol lo_Engineers_Task_O rder_(G I S)_Reso.doc Page 632 of 940 30 Section 2. The City Commission of the City of Boynton Beach, Florida does 31 hereby approve and authorize the City Manager to sign a Task Order U-2C-03 with Carollo 32 Engineers for GIS work in connection with Utilities Management Optimization Project in an 33 amount not to exceed $139,700.00, a copy of which is attached hereto as Exhibit"A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2016. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor—Mack McCray 43 44 Commissioner—Justin Katz 45 46 Commissioner—Christina L. Romelus 47 48 Commissioner—Joe Casello 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BAOED2C-B41 D-400E-9283-ACAC6781 FBAC\Boynton Beach.12516.1.Carol lo_Engineers_Task_O rder_(G I S)_Reso.doc Page 633 of 940 0 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and CAROLLO ENGINEERS, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17(TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor,materials,equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: ® Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants'work. The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services C-1 V.5 CLEAN FINAL Page 634 of 940 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six {6} copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist Boynton Beach Utilities-General Consulting Services C_2 V.5 CLEAN FINAL Page 635 of 940 .._.................. with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner:specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements Boynton Beach Utilities-General Consulting Services C-3 V.5 CLEAN FINAL Page 636 of 940 of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL Page 637 of 940 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans,the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda,through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid(two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents,and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have Boynton Beach Utilities-General Consulting Services C-5 V.5 CLEAN FINAL Page 638 of 940 control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed,and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits,the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors,and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Boynton Beach Utilities-General Consulting Services C-6 V.5 CLEAN FINAL Page 639 of 940 Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; ❖ Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-� Page 640 of 940 Field observation and verification of quantities of equipment and materials installed; Verification of contractors'and subcontractors'payrolls and records for compliance with applicable contract requirements; *o Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer,general contractor,trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. :• Recommending courses of action,and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; ❖ Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; :• Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings;and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety Boynton Beach Utilities-General Consulting Services C-8 V.5 CLEAN FINAL Page 641 of 940 programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing,or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional(not exclusive)services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope,extent or character of any particular project or its design including but not limited to, changes in size,complexity,the CITY'S schedule,character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. :• Providing renderings or models for the CITY'S use. ❖ Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. ❖ Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. ❖ Assistance in connection with Proposal/proposal protests,re-bidding or re-negotiating contracts for construction, materials, equipment or services,unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT(e.g. defective plans and/or specifications which inhibit contractors from submitting Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 642 of 940 proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. :• Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. ❖ Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. ❖ Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services C-10 V.5 CLEAN FINAL Page 643 of 940 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s)shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project.The CITY may have multiple CITY Representative(s)or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability,and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services),the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning,deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT;and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 644 of 940 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONS ULTANT,faiIure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a"rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction,the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 645 of 940 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work,or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach,an event of default shall include the following: 4- CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; ❖ CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; s CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. •3 CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. ❖ In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 646 of 940 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing,and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2-TERM 2.1 The initial Contract period shall be for an initial two(2)years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions.The CONSULTANT understands and acknowledges that the Services to be performed during the two(2)year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed.At no time shall this transitional period extend more than one-hundred and eighty(180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3-TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4-PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit"A" attached hereto. ❖ Payment as provided in this Section shall be full compensation for work performed,services rendered and for all materials,supplies,equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 647 of 940 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. 4 In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative,the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. ❖ Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. ❖ Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY,which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 648 of 940 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5-OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6-FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 649 of 940 by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore,CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY,which consent shall not be unreasonably withheld. ARTICLE 8-COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws, regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9-INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys'fees and costs,arising from injury or death to persons,including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 650 of 940 ARTICLE 10-INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations;Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrencelaggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY,except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 651 of 940 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty(30)days following the CITY'S written notice,the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two(2)years following the termination of the Agreement, maintain a"tail coverage"in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract.The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12-COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 652 of 940 price or uonsidaration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,gift, orcontingent fee. ARTICLE 13TRUTH-IN-NEGOTIATION CERTIFICATE — 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of e truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current aoofthe date ofthe Contract. 132 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inoocunoto, incomplete,or non-current wage rates or due to inaccurate representations of fees paid tooutside CONSULTANTS. The City shall exercise its rights under this ^Certifioete''within one(1)year following payment. ARTICLE 14'SUBCONTRACTING 14.1 The CITY reserves the right k/accept the use n[uSUB-CONSULTANT or0ureject the selection ufoparticular sub-CONSULTANT and toinspect all facilities ofany SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT toperform properly under this contract. The CONSULTANT is encouraged to seek |ouo| vendors for participation in subcontracting opportunities. |fthe CONSULTANT uses any sub CONSULTANTS unthis project the following provisions ofthis Article shall apply: 14.2 |faSUB-CONSULTANT fails Voperform ormake progress, aorequired bythis Cnrkract, and it is necessary to replace the SUB-CONSULTANT to complete the work inmtimely fashion, the CONSULTANT shall promptly doso, subject tu acceptance of the new SUB-CONSULTANT by the QTY. The substitution of subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract asset forth inthe Scope ofWork. 14.3 The CONGULTANT, ito8U8'CDN8ULTANT8. agen{a, uemmnta, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms ofthis contract. ARTICLE 15DISCRIMINATION PROHIBITED - 15.1 The CONGULTANT, with regard tuthe work performed by it under this Controct, will not discriminate on the grounds of race, color, national origin, religion, creed, age,sex or the presence of any physical or sensory handicap in the selection and retention ofemployees orprocurement ofmaterials nrsupplies. ARTICLE 16'ASSIGNMENT 181 The CONSULTANT shall not sublet orassign any ofthe services covered bythis Contract without the express written consent ofthe CITY. Boynton Beach Utilities General Consulting Services C-20 v.5CLEAN FINAL Page 053of04O ARTICLE 17-NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30)days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further,this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 654 of 940 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 —CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-22 Page 655 of 940 ARTICLE 24-.NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Co y to: _ Attn: Utilities Director City of Boynton Beach 124 E.Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: CAROLLO ENGINEERING INC. Attn: Elizabeth Fujikawa 9897 Lake Worth Road Suite 302 Lake Worth, FL 33467 ARTICLE 25-INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order,the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 656 of 940 ARTICLE 27—PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla.Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY'S custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA,33425 561-742-6061. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services C-24 V.5 CLEAN FINAL Page 657 of 940 Article 28-LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS,CLAIMS,ACTIONS,LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of A 0,14,1 120 / CITY OF BOYNTON BEACH 4= LtiL6' rnu,-jcC City Manager CONSULTAN IGINFF� Q•++• F•+.��' Attest/Authenticated: o`;:�OATs TitleM_G e Seal) City CI k Approved as to Form: ttesttAuthenticated: Offf6e of the City Attorney Michael W. Barnes, Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 658 of 940 EXHIBIT"A" FEE SCHEDULE FIRM: Carollo Engineers,Inc. DATE: March 14 2018 Personnel Classifications Hourly Rate Principal $279.00 Project Manager $279.00 Senior Engineer $202.00 Process Engineer $202.00 Sr Electrical Egn. $257.00 Elec.Egn. $202.00 Process Control/Inst.Egn. $202.00 Sr.Mechanical Engineer $257.00 Mechanical Engineer $202.00 Engineer $162.00 Designer $140.00 GIS Specialist $185.00 CADD/Technician $140.00 Public Relations Specialist N/A Construction Inspector $141.00 Sr.Rate analyst $202.00 Clerical/Administrative $105.00 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 659 of 940 EXHIBIT"B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. 'This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M.Best Co.of"B+"or higher. (NOTA: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc..and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ----------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $1.000,000.00 Commercial General Liability Products-Comp/Op Agg. $1.000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $1.000.000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50.000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50.000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage liability Auto Only.Each Accident $1,000.000.00 Any Auto Other Tban Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,00Qoo0.00 Aggregate $1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300.000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------ Bovnton Beach Utilities-General Consulting Services C-27 6 CLEAN FINAL Page 660 of 940 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: I. Service: I (Check One) ❑ Planning/Study Activity,Report,Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award p Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b.Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating I (Check One) ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? ❑ I Yes I ❑ No ❑ Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title,and office of rating officer e. .Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 661 of 940 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorou h site investigation 1 2 3 4 5 2. Meetinj cost limitations 1 2 3 4 5 3. Desi n/results suitability 1 2 3 4 5 4. Coo erative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. 'Plans clear/detailed 1 1 1 2 3 4 1 5 7. 'Plan/spec accuracy 1 1 2 3 14 1 5 `Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer(e.g. Utilities Director): -Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, &AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 bein the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 8. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building&permitting agencies 1 2 3 4 5 11. 1 Addendum preparation&permit applications 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): -Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 662 of 940 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score I NIA 1. Drawings Reflect True Conditions 1 2 1 3 14 5 2. Plans/S ecs Accurate/Coordinated 1 2 3 4 5 3. Design Constructabilit 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing(Accuracy,Timeliness, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s)or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dis ute s? 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 663 of 940 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 bein the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 14 5 4. Accuracy of documents 1 2 3 14 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 1 4 5 solving? 7. Overall results 1 2 3 1 15 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services C-31 V.5 CLEAN FINAL Page 664 of 940 Engineers—Working Wonders With WateOl August 24, 2018 Mr. Michael Low City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, FL 33435 Subject: Task Order No. UT-1 C-01 Dear Mr. Low: Attached is our proposal for GIS services for the year 2018. We look forward to working with the City on this important project. Sincerely, CAROLLO ENGINEERS, INC. Elizabeth Fujikawa, PE, LEED AP Vice President tg:n Boynton Beach\SOW_2014_0811 I GIS for Year 2018.docx 2056 Vista Parkway,West Palm Beach, Florida 33411 P.561.868.6400 F.561.868.6401 rl . o Page 665 of 940 GIS Services for the Year 2018 Contract No.: 046-2821-17/TP-General Consulting Services Scope Category "C" Task Order No. . UT-1 C-01 SCOPE OF SERVICES Background The City of Boynton Beach (City) wants to enhance the use of their GIS through standardization of data management and increase in usage by City staff. Scope of Work This work will be done by Florida Technical Consultants as detailed in the attached pages. Fee The method of payment for this project will be the hourly billing rates plus reimbursables plus a subconsultant markup of 10 percent by Carollo. Total cost not to exceed $189,135. Schedule Work will be completed over the course of the year 2018-2019. pw://Carollo/Documents/Client/FUPompano Beach/8683D10 Phase II/Specifications/SOW-2014-0811 Page 666 of 640 Rorida Technical Consuitants,L.LC 533 Eas?r3rean,Suke L12, FO BoyntGn Beach, FL 33435 T el 954-914-848,8 RN—K-1--l- jl.,mftDn@ritp,-Iiipc.coni Eilzabeth Fujikawa<EFuJikawa@carollo_com> August 2G,20118 Eli-zabeth Fujikawa Carollo Engineers Subject: Boynton Beach Utilities GIS Work Plan Dear Ms.Fujikawa, Florida Technical!Consultants (FTC),is pleased to provide this Work Plan and Scope for GIS Support services to the Boynton Beach Gig Implementation- There are several initiatives to be supported by,GIS_ The following work plan addresses the priority work ftems identit7ied by the Gity. Each task:will have a deliverable which can be measured and reported. The priorities are: . Data Migration into City Nater System . Additional Applications and Data to support Operations Task 1:Migrate Background Layers The.,systems have been updated by staff- The iWater system has been implemented for Hydrants. The base data has to be migrated into the server and converted to background serves used by iWallef. As additional iinfomiation is updated by field crews,this data will be entered into GIS,validated and loaded. The following systems will'be migrated into the CillyfUtilffil SOL Server and,processed for Water., . Potable Water . Recl,airn Water . Sanitary Gravity . Sanitary Pressure . Stormwater Additional layers,posted for SQL server may include- • As-Buillt Layer • Communications • Other Layers as necessary Data that was updated by staff ml be- . validated by FTC aind . migrated into LGIM . Loaded No SOL Server . Posted for Nater . Posted for City hosted ArcGIS Online ArcGIS Onkne Support, . Online supported by City GIS . FTC will coordinate with City GIS to set up groups,data access,etc., pw://Carollo/Documents/ClienUFUPompano Beach/8683D10 Phase II/Specifications/SOW-2014-0811 Page 667 of 940 Task 2:Operations Support Mobile I Desktop GIS Applications The City continues to expand the use of GIS in,operations. FTC will support this growth through development of applications specific to maintenance and train staff on their use. Applications will be built according to the priorities of the,City and may include: • As-Built Tracker.,Linking as-bulltdrawings to the mapped points • Emergency � Disaster Response: Specific to teams reporting damage and tracking repairs, for emergency operations Including hurricanes,. • Civic Engagement ( Call Center., Tracking customer calls and issues, mapping the locations and recording the same information presently recorded. This tool will allow everyone in the organization to review the status and location of calls. • Sanitary Manhole Inspection: Sanitary teams vall inspect manholes, take photos and provide rapid condition assessments.. • Project Status Tracker:mapping CIP and Developer Projects found in eBudder and allowing everyone to review the status. • NVater SupporL As additional systems are added to iWater,FTC will support the form development. • DashboardsManagement will be able to track key metrics on all system contents_ DataUpdates and Development The Potable Water System has been updated for pressure modeling. There are over 10,000 system valves that need to be added. FTC will work with staff to jdent.4,, map and catalog the system valves. These will be loaded into iWater in advance of the valve crew maintenance. FTC will work with staff to: • Identify areas where valves are missing • Research records to find valves • Field verify locations • Map valves • Snap water lines • Enable valve isolation FTC will continually work with staff to up-date Gig Data,based on . Information from field data collection. . Historic-al as-builts in paper scanned format(non-CAD) . Internal construction projects . Internal maintenance operations Training:FTC will provide an extensive training program to utilities staff including but not limited to: • GIS Desktop:General training to create maps,edit data:and perform analysis • ArcGIS Online-General training on data viewing and editing. Specific training for field crews • As Built tracking:Provide training on collecting,reviewing and converting as-built data into GIS • Training Manuals f Videos-.Training manuals jr videos will he provided for staff to review in the future FLORIDA TECHNICAL CONSULTANTS Page 2,of,4 8,12012D18 Boynton Beach GIS Servrces pw://Carollo/Documents/ClienUFUPompano Beach/8683D10 Phase II/Specifications/SOW-2014-0811 Page 668 of §40 Deliverables FTC will provide the following deliverables. Technical Memo outlining the results of coordination with The City GIS Department to: . Identify Users and Departments . Establish data storage and backup . Define access and permissions Maps,Apps and Data to support operations . Background data migrated to City!Utility Server . ArcGIS Dnflne Interface for Croups and Users on City System . Onfine Maps acid Applications on City System . All data updated to City System Training . Training Schedule defining dates and subjects . On-Site training . Training support manuals I videos Monthly Report:FTC wfll provide Carollo monthly project status report outhning': . Activities . Status of data updates . New flaps and Apps Assumptions . The City will provide access to all relevant utility drawings,CAD plans and,background information. . The City will provide access to staff necessary to research.and digitize data . The City will provide access to staff necessary for training . The City will provide a training location with a strong internet connection Fees and Schedule All tasks will be billed on an hourly basis according to the following schedule. Task IS Trainer Senior GIS Analyst Fees Schedule $135 1 hr $115 1 hr Task V:MI rate Background Layers 80 12D $24,600 2 Months Task 2::Operations Support 300 8,50 $138,250 12 Months Total Hours 30() 9713 $162,650 Any funds remaining in a task upon completion of that task will be reallocated to another task or to Data Completion according to budget. Carollo, will be billed monthly according to the services and deliverables provided. FLORIDA TECHNICAL CONSULTANTS Page 3 of 4 &2GY2018 BGynton Beach GIS Services pw://Carollo/Documents/ClienUFUPompano Beach/86831)10 Phase II/Specifications/SOW-2014-0811 Page 669 of 640 Thank you for including uson your team. If you approve the proposed scope of not to exceed $162,85{)please sign this proposal in the area provided below. Should you have any questions,please do not hesitate to contact,me at my office at(954)954-8488,or send me an electronic message at jbarton@fltechinc.com. Respectfully submitted, Floritla/J echnical Consul,nnts Janne BartonE , P. . S Approved by Carollo: President (Print,Name) (Date) (Signature) FLORDA TECHNICAL CONSULTANTS Page 4 of 4 MO,201 9 Boynton Beach GIS Services pw://Carollo/Documents/ClienUFUPompano Beach/8683D10 Phase II/Specifications/SOW-2014-0811 Page 670 of §40 7.B. BIDS AND PURCHASES OVER$100,000 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-137-Approve the Property, Casualty, and Workers' Compensation insurance coverage renewals with Preferred Governmental Insurance Trust (PGIT) for an annual amount of$944,327 and authorize City Manager to sign all required documents for the term of the policy: October 1, 2018- September 30, 2019. EXPLANATION OF REQUEST: Policy Period: October 1, 2018 - September 30, 2019 Across all lines of coverage, the renewal reflects a ten percent (10%) increase, which annualized is $84,055. • Property insurance decreased by $13,925 ($434,589 to $420,664) • Casualty/Liability insurance increased by $84,281 ($294,811 to $379,092) • Workers' Compensation insurance increased by $13,699 ($130,872 to $144,571) The increase in casualty/liability and workers' compensation is primarily driven by the increase in payroll volume and the high loss ratio of claims within the past five years. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval will allow for the City to continue its established insurance program. FISCAL IMPACT: Budgeted Premium costs will be allocated by to the following Self Insurance budget line items: 522-1710-519-45-03-Auto premium 522-1710-519-45-04- General Liability premium 522-1710-519-45-05- Building and Contents premium 522-1710-519-45-06- Workers' Compensation premium ALTERNATIVES: Allow the City to be uninsured for excess coverage of the self-insured casualty/liability and workers' compensation program as well as be uninsured for primary insurance of the self-insured property program. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 671 of 940 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Property Casualty and Workers Compensation Insurance renewals D Addendum Renewal Summary Page 672 of 940 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,FLORIDA 4 APPROVING THE PROPERTY, CASUALTY AND WORKERS 5 COMPENSATION INSURANCE COVERAGE RENEWALS WITH 6 PREFERRED GOVERNMENTAL INSURANCE TRUST (PGIT) 7 FOR AN ANNUAL AMOUNT OF $944,327; AUTHORIZE THE 8 CITY MANAGER TO SIGN THE REQUIRED DOCUMENTS FOR 9 THE POLICY TERM OCTOBER 1,2018 TO SEPTEMBER 30,2019; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, approval of renewing this coverage will allow the City to continue it's 13 established insurance program; and 14 WHEREAS, staff recommends and the City Commission does hereby approve the 15 renewal of the Property, Casualty and Workers Compensation insurance coverage with PGIT 16 for an annual amount of$944,327 for the period of October 1, 2018 to September 30, 2019. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 19 Section 1. Each Whereas clause set forth above is true and correct and incorporated 20 herein by this reference. 21 Section 2. The City Commission hereby approves the renewal of the Property, 22 Casualty and Workers Compensation insurance coverage with PGIT for an annual amount of 23 $944,327 and authorizes the City Manager to sign the required documents for the policy term 24 October 1, 2018 to September 30, 2019. 25 Section 3. This Resolution shall become effective immediately upon passage. 26 27 PASSED AND ADOPTED this day of September, 2018. 28 29 CITY OF BOYNTON BEACH, FLORIDA 30 YES NO 31 32 Mayor— Steven B. Grant 33 34 Vice Mayor— Christina L. Romelus 35 36 Commissioner—Mack McCray 37 38 Commissioner—Justin Katz 39 40 Commissioner—Joe Casello 41 42 VOTE 43 ATTEST: 44 45 46 Judith A. 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BIDS AND PURCHASES OVER$100,000 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve utilizing the city of Delray's Agreement based on ITB #2017-047 for the procurement of bulk gasoline and diesel fuel with MacMillan Oil Company, LLC of Hialeah, FL for the City's fleet for the period of October 1, 2018 thru June 6, 2020 to coincide with the award period of Delray Beach. The estimated annual expenditure is $1,000,000. The City of Delray's procurement process satisfies the City of Boynton Beach's competitive bid requirements. EXPLANATION OF REQUEST: Term: October 1, 2018 - June 6, 2020 Delray Bid Term: June 7, 2017—June 6, 2020 The Fleet Maintenance Division is requesting the authorization to procure bulk diesel and gasoline throughout the length of the City of Delray's Contract ITB 2017-047, contract period is June 7, 2017—June 6, 2020 with one, two year option to renew. Attachments are as follows: • City of Delray—Contract ITB 2017-047 • City of Delray—Award Notice • City of Delray—Email Authorization • MacMillan Oil Company—Authorization Letter Previous year's expenditures: 17/18- $908,297 to date 16/17- $727,847 15/16- $807,948 Macmillan will be the primary vendor for the purchase of diesel and unleaded fuel. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will ensure gasoline and diesel are kept at optimum levels at all times. Fleet Maintenance orders and monitors fuel inventory. FISCAL IMPACT: Budgeted Fleet Maintenance estimates an annual expenditure of$1,500,000 from Fleet Maintenance account#501-2516-519-52-10 per fiscal year. ALTERNATIVES: Not utilizing this agreement and either utilize another agreement or the City to issue it's own bid. STRATEGIC PLAN: Page 676 of 940 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: MacMillan Oil Company START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: One, two year option to renew ATTACHMENTS: Type Description Agenda Attachment- MacMillan Oil Company - D Exhibit 2019 Blanket Back Up- City of Delray Awarded Contract Expires 06-07-20 D Exhibit Agenda Attachment- Macmillan Oil - 2019 Blanket Back Up-Award Notice Agenda Attachment- Macmillan Oil - 2019 D Exhibit Blanket Back Up- City of Delray - Email Authorization D Exhibit Agenda Attachment- Macmillan Oil - 2019 Blanket Back Up-Authorization letter Page 677 of 940 l{�1i14� Ff � y r� 1 t CITY OF DELRAY BEACH 100 N.W.1 U ,DELRAY BEACH,FIL Award tic Solicitation .: ITB 2017-047 SolicitationTitle: Bulk GasolineDiesel Fuel Bid Openingril 1 Bid OpeningTime: Purchasing : lingholmr@mydeiraybeach.com Awarded Supplier: ill it Company, LLC, Primary Supplier Petroleum i lir Notes: Awarded by Commission on Jun ' 2017 Award Nadoe ITB 2017-M7 (PoMed June 17) Page 678 of 940 Page 679 of 940 AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MACMILLAN OIL COMPANY, LLC FOR PURCHASE AND DELrVERY OF BULK GASOLINE AND DIESEL FUEL This is an Agreement ("Agreemenr), made and entered into by and between: Delray Beach, a municipal corporation of the State of Florida. hereinafter referred to as INCIty'll and Macmillan Oil Company, LLC, a Florida Limited Liability Corporation, hereinafter referred to as"Contractor," (coliectively referred to as the Parties). El SETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE I DEFINIJIQtj ND IDENTIF196ILONM The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement Includes Articles 1 through 12, the exhibits and documents that are expressly Incorporated herein by reference. 1.2 Commission -T City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or designee. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Contractor and to manage and supervise execution and compI etion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or Purdwse ard Delivery of Bulk Gasoline and Diesel Fuel Agreement Page 680 of 940 determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager-The administrative head of City appointed by the Commission. 1.5 City Attorney-The chief legal counsel for City appointed by the Commission. 1.6 Project - The Pmject consists of the services described in Exhibit A, Scope of Services. ARTIC-11E I ............. SCOPE OE§LRVIQEgj 2.1 Contractor shall perform all work identified in this Agreement and Exhibit A, Scope of Services. The Scope of Services is a description of Contractor's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor Impractical. 2.2 Contractor acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify Exhibit A, Scope of Services to be provided under this Agreement. ART TE"'RIVI AL4.D.........LIME OF PERFORMANCE 3.1 This Agreement is in full force and effect upon full contract execution by the City of Delray Beach. The term of the Agreement shall be from June 7, 2017 through June ® 2020 with one, two-year option to renew. The continuation of this Agreement beyond the and of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. ® In the event services are scheduled to end due to the expiration of this Agreement, the Contractor agrees that it shall continue service upon written request by City. The Contractor shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the some terms and conditions as contained in this Agreement as amended. The Chief Purchasing Officer shall notify Contractor of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. 21 P a g Purdiase and Defivey of Bulk Gasoline and Diasal Fuel Agreement Page 681 of 940 QgEPENSATION 4.1 it will pay Contractor, in the manner specified in Section 4.2, the total amount not to exceed Seven Hundred Sixty Thousand Dollars($760,000.00) per year for work actually peribrmed and completed pursuant to this Agreement,which amount shaII be accepted by Contractor as full compensation for all such services and in accordance with Exhibit D, Schedule of Pricing. Contractor acknowledges that this amount Is the maximum payable and constitutes a limitation upon City's obligation to compensate Contractor for Its services related to this Agreement. This maximum amount, however,does not constitute a limitation,of any sort, upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.2 MET1j0Q OF BILLING AND PAYMENT 4.2.1 Contractor may submit Invoices for compensation no more often than on a monthI y basis, but only after the services for which the Invoices are submitted have been completed. An original invoice plus one copy are due within fifteen(15)days of the and of the month except the final invoice which must be received no later than sixty(60)days after this Agreement expires. Invoices shall designate the nature of the services performed. Contractor shall submit with each invoice a Certification of Payments to Subcontractors and Suppliers(Exhibit B).The certification shall be accompanied by a copy of the notification sent to each subcontractor and supplier listed in item 2 of the form, explaining the good cause why any such payment has not been made. City shall pay Contractor within thirty (30) calendar days of receipt of Contractor's proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth In this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. 4.2.3 Contractor shall pay Its subcontractors and suppliers within thirty(30)days following receipt of payment from City for such subcontracted work or supplies. If Contractor withholds an amount from subcontractors or suppliers as retainage, such retainage shall be released and paid within thirty(30)days following receipt of payment of retained amounts from City. 4.3 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or In part, payment to the extent necessary to protect Itself from lose on account of Inadequate or defective work which has not been remedied or resolved 31 Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement Page 682 of 940 in a manner satisfactory to the Contract Administrator or failure to comply with this ® The amount withheld shall not be subject to payment of interest by city. 4.4 Payment shall be made to Contractor at: Macmillan Oil Company, LLC 2955 East 1101 Avenue Hialeah, FL 33013 &8ILQJE 5 INDEMN 1--,,--11111-1.11"1 &T-IQN Contractor shall at all times hereafter indemnify, hold harmless and, at the City ® option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, Including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional,negligent,or reckless act of,or omission of,Contractor, its employees,agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at Citys option, pay for an attorney seI ected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by Clty. ARTICLE I 6.1 Contractor shall maintain at its sole expense, at all times during the term of this t( I ifferent time period is othervAse stated herein), at least the minimum insurance coverage designated in Exhibit C in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on forms no more restrictive then the latest edition of the applicable form filed by the Insurance Services Office. Contractor shall name City as an additional Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreernwt 41P Page 683 of 940 insured under the primary and non-cDntdbutory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official We of the Certificate Holder Is City of Delray Beach, Flodda. This official tifle shall be used in all Insurance documentation. ® Within fifteen (15) days of notification of award, Contractor shall provide to City proof fl In the form of Cartificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of any poII cies required by the Ardde upon request. Coverage is not to cease and Is to remain in force until the City determines all performance required of Contractor is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated In Exhibit C. City shall be notified of any restriction or cancellation of coverage within thirty(30)days. If any of the Insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to CAty upon expiration. ® City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, Including, but not limited to, deductibles, limb, coverage, and endorsements. 6.5 If Contractor uses a suboonsultant or subcontractor, Contractor shall ensure that each subconsultant or subcontractor names"City of Delray Beach, Florida" as an additional insured under the subconsultants or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. JERMLNATIO 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party Identifying the breach. This Agreement may also be terminated for convenience by the Commission. Terminabon for convenience by the Commission shall be effective on the termination date stated in written notice provided by City, which termination date shalI be not less than thirty(30)days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances In the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates ibr cause, such termination shall be deemed a termination for convenience, which 51 P age Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement Page 684 of 940 shaII be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement.The Agreement may also be terminated for cause if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or If the Contractor provides a Use certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Commission: 7.3 Notice of termination shall be provided in accordance with the NNOTICES"section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health,safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated fbr convenience,Contractor shall be paid for any services properly performed under the Agreement through the termination date specified In the wrlitten notice of termination. Contractor acknowledges that it has received good, valuable and sufficient consideration from City,the receipt and adequacy of which are, hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. 7.5 Int event this Agreement is terminated for any reason, any amounts due Contractor shall be withhold by City until all documents are provided to City pursuant to Section 9.1 of Article 9. Aj RTICLE 8 NON-DISCSIMI IATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of thisAgreement. Failure by Contractor to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable I , with all of such remedies being cumulative. Contractor shall Include the foregoing or similar language in b contracts with any Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agmement Page 685 of 940 subcontractors or subconsultants, except that any project, assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements In 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement,which may result in the termination of this Agreement or such other remedy as City deems appropriate. Contractor shall not unlawfully discriminate against any person in its operations and activities or In its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act(ADA) in the course of providing any services funded by City, including Tifles I and 11 of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Contractor represents that it has not been placed on the discriminatory vendor list as provided In Section 287.134, Florida Statutes. City hereby materially relies on such representation In entering Into this Agreement. An untrue representation of the foregoing shall entite City to terminate this Agreement and recover from Contractor all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. MISCELLANEOUS 9.1 BIQHTS IN DOC!JME_NIS AND K Any and all reports, photographs,surveys,and other date and documents provided or created in connection with this Agreement are and shall remain the property of City, and, If a copyright is claimed, Contractor grants to City a non-exclusive license to use the copyrighted item(s)indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this ® any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the Contract Administrator within eight(8)days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until all documents are receivedas provided herein. flp g Purchase and Delivery of Bulk Gasoline wW Diesel Fuel Agreement Page 686 of 940 9.2 PUBLIC RECORDS 2.1 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE o APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S CLERK,RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY 100 ■ ® IST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK MAY BE REACH VIA TELEPHONE AT 561-243-7060 OR BY EMAIL AT ® o 9.2.2 Contractor shall comply with public : L Keep and maintaini ired by the City to perform the service. ii. Upon request from the City'scustodian lic records, provide the City with a copy of the requested records or allowinspected copiedin a reasonable timet does not exceed the cost provided in Florida Statute or as otherwisei . iii. Ensure that publict or confidential and exempt from publici losure requirements aret disclosed authorizedl i completion f the Agreement if to the City. lv. Upon completionr,at no cost,to the CityI public records in possessiont i ipublic required by the Cityrm the service. If the Contractorr l lic records to the CityI shall destroy any duplicatepublic confidential exemptand from publicrequirements. keeps and maintains i the Agreement, the Contractor t all applicablei r retaining publ records.All records stored electronically i City, upon custodianrequest from the City's i , In r i compatible information technology syst it . V. If the Contractor does not complyi is section, the City shall onfbrce the contract provisions in accordance withthe contract and may unilaterally l this contract in accordance with state law. 9.3 I Purchase and f I Bulk lin k Page 687 of 940 Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its sub licensees and lower der sub licensees. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its sub licensee or lower der sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 9.4 AU I TENTION OF Ltg QM City shall have the right to audit the books, records, and accounts of Contractor and its subcontractors that are related to this Project. Contractor and its subcontractors shall keep such books, mcords, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records,and accounts of Contractor and its subcontractors shall be kept in written form, or in a form capable of conversion into wdftn form within a reasonabI e time, and upon request to do so, Contractor or its subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and fis, subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supportI ng documents, statistical records, and any other documents pertinent to thI s Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Flodde Statutes, if applicable, r, ° the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three(3)years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall ensure that the requirements of this Section 9.3 are included in all agreements with its subcontractor(s). 9.5 TRUTH-IN-NEGOTIATION REPRESENTATICN Contractors compensation under this Agreement is based upon representations suppIE ed to City by Contractor, and Contractor certifies that the information supplied is accurate, complete, and current at the Ume of contracting. City shall be entitled to recover any damages it Incurs to the extent such representation is untrue. 9 1 Purchase mid Dellvery of Bulk Gasoline and Dissel Fuel Agreement Page 688 of 940 ® E!UBILIC ENILTY&RA9 ACT Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with My for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six(36) months from the date of being placed on the convicted vendor list. Violation of this section shalI result In termination of this Agreement and recovery of all manias paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a Opublic entity crime" and that it has not been formaII y charged with committing an act defined as a "public entity crime" regardI ess of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 9.7 INDEPENDENT -CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other Joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFF..",IARILS ................... Neither Contractor nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficlefles to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NgIlLEfi 101 Purchase and Delivery of BWk Gasoline and Diesel Fuel Agreement Page 689 of 940 Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carder with acknowledgement of delivery,or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is Intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present,the Parries designata the following: For City: City of Delray Beach ATTN: City Manager 100 N.W. 1 st Avenue Delray Beach, Florida 33444 With Copy To: City of Delray Beach ATTN:City Attorney 200 N.W. I,'Ave. Delray Beach, FL 33444 For Contractor: Macmillan Oil Company, LLC ATTN: Daniel AJonso 2955 East I 1th Avenue Hialeah, FL 33013 9.10 ASSIQNME�,JT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, it may terminate this Agreement, effective Immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities,where required,and that each such person is reasoriably 111ege Purchase and Delivery of Bulk Gasoline and Dlesal Fuel Agreement Page 690 of 940 experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractoes performance and all interim and final producgs)provided to or on behalf of City shall be comparable to the best local and national standards. 9.11 CONFLICTS Neither Contractor nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Contractors officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. r® such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor shaII require such subcontractors, by written contract,to comply with the provisions of this section to the same extent as Contractor. 9.12 MATERIALITY AND 'WAIVER OF BREACH -,...............I.--- Each requirement, duty, and obligation set forth herein was bargained for at arm's- length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, thereficre, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 MMPLIANCE WITH LAWS Purchase and Delivery of Bulk Gesdins and Diesel Fuel Agreernent 12 1 P a Page 691 of 940 Contractor shaI l comply with all applicable federal, state, and local laws, codes. ordinances, rules, and regulations In performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 EVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7)days of final court action, including all available appeals. 9.15 JOINJ ESEEA—RATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severeI y against one of the Parties than the other. The language in this Agreement shaI l be Interpreted as to its fair meaning and not strictly for or against any party. 9.16 1N!gRE8j;!6!1gA The headings contained in this Agreement are for reference purposes only and shalI not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall Include the other gander, and the singular shall include the plural, and vice versa, unless the context otherwAse requires. Terms such as "herein," "hereof," "hereunder," and nhereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 9.17 E!RIORITY OF P99YLa1-QN—S If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein,or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained In Articles I through 9 shall prevail and be given effect. 131 Pumhase and Delivay of Bulk Gasoline and Diesell Fuel Agreement Page 692 of 940 9.18 LAW JURISDICTION, VENUE, WAIVER OF JURY TRIAL ........ ........................... ...... This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9.19 AMENDMENTS I.............. The Parties may amend this Agreement to conform to changes in federal,state,or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar flormality as this Agreement and executed by the Commission and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEidIENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or ® whether oral or written. 9.21 PAYABI-LINTERLST 9.21.1 Pavment of Interest. Except as required by the Prompt Payment 6 shall not be liable for interest for any reason, whether as Purdwe and Delivery of Bulk Gaadllne and Diesel FueAgmwent 14 1 P B Page 693 of 940 prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, reject%disclaims and surrenders any and aII entitlement It has or may have to receive Interest in connection with a dispute or claim based on or related to this Agreement. 9.21.2 Rate of Interest. In any Instance where the prohibition or limitations of Section 9.21.1 are determined to be Invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment Interest or for any other purpose, shall be .025 percent simple interest(unoompounded). 9.22 INCORPORATION 9,3,Y REFERENCE .............. The truth and accuracy of each"Whereas"clause set forth above is acknowledged by the Parties. All Exhibits are incorporated into and made a part of this Agreement. 9.23 RizPRESENTATION OF AjjTHORITY ......—............................. Each individual execudng this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement,duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 9.25 MULTIFILE-ORIGINALS Multiple copies of this Agreement may be executed by all Partles, each of which, bearing original signatures,shall have the force and effect of an original document. ARTICLE 10 PERFORMANCE AND PAYMEN BOND T Contractor will execute and deliver to the City, within ten business days after notification of award, a Cash i ® Perflormance Bond, or Unconditional Irrevocable Letter of Credit payable to the City, in total the amount of Fifty Thousand Dollars($60,000). If the bond Is on an annual coverage basis, renewal of each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing bond. A surety company of recognized standing, authorized to do business in the State of Florida, and having a resident agent must execute the Performance Bond. If a letter of credit is chosen, it must be In a form acceptable to the City, drawn on a bank acceptable to the City, and issued In favor of the City. The amount herein above set is not intended to be or shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of the Agreement by the Contractor. 151 P a g a Purchase and Wtmy of Bulk Gasoline and Dissal Fuel Agroornot Page 694 of 940 The City shall monitor the performance of Contractor. If Contractor's performance fails to meet the requirements specified within this Agreement,the City may without cause and without prejudice to any other right or remedy, terminate this Agreement whenever the City determines that such termination Is in the beat interest of the City. ARTIQLL 11 ORDER Of""PRECEDENCE The documents listed below are a part of this Agreement and are hereby incorporated by reference. In the event of Inconsistency between the documents, unless otherwise provided herein, the terms of the following documents will govern in the following order of precedence: A. Terms and conditions as contained in this Agreement, 2017-047, Purchase and Delivery of Bulk Gasoline and Diesel Fuel, dated March 27, ® and all its addenda, C. Contractor's response to ITB. No. 2017-047, Purchase and Delivery of Bulk Gasoline and Diesel Fuel, and any subsequent information submitted by Contractor during the evaluation and negotiation process. ABTIQLE 12 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS Ur,.iDER FE:DERAL AWARDS To the extent that the following provisions apply to this Agreement,the Contractor hereby assures the City that it will comply with the following Federal requirements: a) The Contractor will comply with Equal Employment Opportunity laws as provided under 41 CFR 6D-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor' and as further set forth below 1. The Contractor will not discriminate against any employee or applicant for empI oyment because of race, color, religion,sex, sexual orientation,gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 161P Page 695 of 940 transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. il® The Contractor will, in all solicitations or advancements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gander Identity, or national origin. M. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation Information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, In furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the ContractorJs legal duty to furnish information. iv. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11248 of September 24, 1965, and shall post copies of the notice in conspicuous pI aces available to employees and applicants for employment. ® The Contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations,and orders of the Secretary of Labor,or pursuant thereto, and wil I permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. i!® In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations,or orders,this contract may be cancelled, terminated,or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Execuitive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies 171 P a g 0 Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement Page 696 of 940 invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. iii® The Contractor illi the provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enibircing such provisions including sanctions for noncompliance.- Provided, however,that in the event the Contractor becomes Involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direcUon, the Contractor may request the United States to enter Into such litigation to protect the interests of the United States. [See. 202 amended by EO 11375 of Oct. 13, 1967, 32 FIR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FIR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FIR 20749, EO 13672 of July 21, 2014, 79 FIR 42971] b) Contractor will comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 314"148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Consbucdon"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. c) Contractor will comply with the the Copeland "Anti- Vickback" Act (40 U.S.C. 3145). as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors an Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subreciplent must be prohibited from inducing, by any means, any person employed In the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City is required to report all suspected or reported violations to the Federal awarding agency. d) The Contractor will comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non- Federal enft in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 181 P Page 697 of 940 of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours In the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or underworking conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. a) The Contractor will comply with the the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the City. The Contractor will comply with the Clean Air Act (42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act (33U.S.C. 1251-1387), as amended. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). g) The Contractor will comply with the Byrd Anti-Lobbying Amendment (31U.S.C. 1352) and file the required certification. Each ter certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an empI oyee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. h) MINORITY/WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION: The City, in accordance with the requirements as stated in C.F.R. 200.321 encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of this Agreement whenever possible. If subcontracts are to be let, through the Contractor, that Contractor is required to take the affirmative steps listed in items a through a below: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; ® Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, 1111 P a go Purchase and Dellmy of Bulk Gawitne and 131aml Fuel Agreement Page 698 of 940 d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; a. Using the services and assistance,as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (The remainder of this page is intentionally left blank.) Purchase and DeIWq of Bulk Gasoline and Diesel Fuel Agrearnen201 t - Page 699 of 940 IN I , the Partiesi City its Commission, signing its r Vice-Mayor, authorized Commissionday of k rp_ 2017, and Contractor, signing i �. Wduly authorized to execute same. ATTEST: CITY OF t Y BEACH, FLORIDA dmf), City Zd li l ' w `1 APPRpVH,,"),7Ai" FORNY r-., r neya IPag Purchase and Delivery of Bulk Gwollne and Diesel Fuel Agreement Page 700 of 940 AGREEMENT BETWEEN DELRAY BEACH, FLORIDA MACMILLANAND I 4 LLC WITNESS: (Signature) rR (Printed rye, I ) a d day of , . 2017 t (" rinted n I E, (Sigma �. (Printed n .-,) (SEAL) 22 Purchase and Delivery of um Gasoline and Diesel Fuel Agreement Page 701 of 940 EXHIBIT A giregPlE QFS�VIM 1. DEFINITIONS: 1. Data Tiransmission Network (DTN) FastRacks Average Price — Fuel price published by Schneider Ek)Wc that will be used as the base price to calculate daily fueI charges. ii. Transport Truck Delivery — Delivery of fuel by Transport Truck with a minimum deII very of 8,000 gallons for gasoline, 7,200 gallons for diesel.and 7,200 gallons for a combination load of gasoline and diesel. Ill. Tank Wagon Delivery—Delivery of fuel by Tank Wagon where maximum capacity of the fuel tank does not most the minimum delivery of gallons specified for a Transport Truck. IV. Fuel —Any fuel type obtained through this Agreement. Fuel It shall Include, but not be limited to, Unleaded E10 Gasoline, Ultra Low Sulfur No. 2 Diesel, Ultra Low Suffijr No.2 Off-Road, Dyed Diesel,and Blodiesel. V. Surcharge— Dollar amount specified by Contractor to be added to DTN FastRacks Average Price to cover Contractoes costs and profits. A. Split Load—Delivery from a Transport Truck which contains multiple fuel types. 2. ® Contractor will provide all labor and equipment associated with providing and delivering fuel to the City's fuel tanks located throughout Delray Beach for normal daily operational requirements,as well as during emergency situation or event. An emergency can be declared by the City, at Its sole discretion, and may consist of natural and man-made disasters including, but not limited to,severe storms, hurricanes,wild fires,flooding,warfare, civil unrest,and terrorism. For purposes of this Agreement,Contractor shall be City's Primary Fuel Supplier. In the event that the Primary Fuel Supplier is unable to fulfill City's fuel order(s) for any reason, the Secondary Fuel Supplier may be utilized in order to fulfill City's WI order(s).- 3. ESTIMATED FUEL QUANTITIES: The City estimates approximately 240,000 gallons of gasoline and 102,500 gallons of diesel fuel will be purchased over the course of one year. Nearly 75%of fuel orders are estimated to utilize a Transport Truck, and the remaining 25% of fuel orders are estimated to utilize a Tank Wagon. 4. DELIVERY LOCATIONS AND STORAGE TANK CAPACITIES: I. Public Works Department 434 S. Swinton Avenue Delray Beach, FL 33444 (Entrance off of SW 4th Street) Two 5,000 gallon underground gasoline storage tanks One 5,000 gallon underground diesel storage tank II® Utility Maintenance Departntent 434 S. Swinton Avenue Delray Beach, FL 33444 (Entrance off of SW 4th Stoat) One 2,000 gallon above ground diesel tank One 3,000 gallon above ground diesel tank 23 1 P Purchase and Delhmry of Bulk Gasoline and Dleasl Fuel Agreement Page 702 of 940 N. Water Treatment Plant 201 SW 7th Street Delray Beach, FL 33"4 One 1,000 gallon above ground diesel tank One 6,000 gallon above ground diesel tank ® Fire Station No. 113 651 W. Linton Blvd. Delray Beach, FIL 33444 One 2,000 gallon above ground diesel tank V. Delray Beach Police Department 300 W.Atlantic Ave. Delray Beach, FL 33444 One 10,000 gal Ion underground gasoline tank One 1,000 gallon underground gasoline tank One 2,000 gallon underground diesel tank 5. ® Contractor shall: I. Deliver fuel under normal circumstances to the City within forty-eight hours of request by the City. II® Deliver fuel under emergency conditions to the City within twenty4bur hours of request by the City. III® Provide emergency fuel to the City on a first-serve basis. For purposes of this Agreement,first-serve basis means Contractor will deliver fuel to City before delivering fuel to non-govemmental entities. iv. Use the closest appropriate terminal for obtaining fuel. V. Only provide fuel from Environmental Protection Agency(EPA)registered terminals. 6. FUEL SPECIFICATIONS: E. Gasoline fuel shall meet the fallowing specifications: 405-220-930-7800 Gasoline E10, Unleaded, 87 Octane, conforming to Florida Department of Agriculture and Consumer Services standards 5F-2.001 II® Diesel fuel shall most the following specifications: 4405-120-260-1030 Ukra Low Sulfur Diesel Fuel, grade no.2-D c mass%sulfur, minimum cotene index of 40) for use In over the mad diesel engines, per A.S.T.M. specificatI on D975, conforming to Florida Department of Agriculture and Consumer Services standards 5F-2.001 7. FAULT AND RESPONSIBILITY: Issues related to delivery of fuel may Include, but are not II mited to, incorrect orders, fuel spills, delivering wrong fuel, and crose-fusling. The party at fault will be responsible for all direct costs incurred to correct any such issue. 8. SCHEDULE AND ® Contractor agrees to pay any and all additional costs incurred by the City to procure fuel elsewhere if Contractor falls to deliver per the requirements of this Agreement,as well as reimburse the City for any out-of-pocket expenses the City directly or indirectly Incurs due to Contractor's failure to meet the requirements. Purchase and Delivery of Bulk Gesdine nt and Dlesel Fuel Agreenwe24 1 P a g a Page 703 of 940 9. FEDERAL AND STATE STANDARDS: !® It Is the intent of the City that all specifications herein are in full and complete compliance with all federal and State laws and regulations applicable to the type and class of commodity being provided.This Includes, but is not limited to, Federal Motor Equipment Safety Standards (FMVSS), Occupational Safety and Health Administration(OSHA), and Environmental Protection Agency(EPA)Standards. li® In addition, any federal or State legislation that becomes effective during the term of the Agreement, including any renewals, that changes such applicable laws and reguIi ons shall immediately become a requirement of the Agreement. Contractor must meet or exceed any such laws or regulatory requirements. i!!® If an apparent conflict exists between the specifications and requirements contained herein and federal and State laws and regulations, the Contractor must contact the Contract Administrator Immediately.Delivery of non-confbrming product may be cause for termination of the Agreement and/or suspension of Contractor. (The remainder of this page is intentionally left blank.) 251 P a g , Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreernsint Page 704 of 940 EXHIBIT B QEERTI I E I CAT I ITB No. 2017-047 Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that: 1. CONTRACTOR has paid all subcontractors and suppliers all undisputed contract obligations for labor, services, or materials provided on this project in accordance with Section 4.2.3 of the Agreement, except as provided in paragraph 2 below. 2. The following subcontractors and suppliers have not been paid because of disputed contractual obligations; a copy of the notification sent to each, explaining in reasonably specific detail the good cause why payment has not been made, is attached to this form: Subcontractor or Supplier's name Date of disputed Amount in and address invoice dispute ...........11.................. 3. The undersigned is authorized to execute this Certification an behalf of CONTRACTOR. Dated 20 ....... .......................................... ...... .....--- Contractor By . .............. (Signature) By—------- itle ............ (Name and T ) Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agmernent 261 Page 705 of 940 CERTIFm.ICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS (Continued) STATE OF ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of 20—. (NOTARY SEAL) ......... ----—_----- (Signature Of person toldng acknowledgment) ....................... (Name of officer taking acknowledgment) typed, printed, or stamped (t it 6 c r My commission expires: (Serial number, if any) 71 P a g e Purchase and Delivery of Bulk Gasoline end Diesel Fuel Agreernent Page 706 of 940 EXHIBIT C 115URANQ wiagmgm Contractor shall carry the following minimum types of insurance.- A. Workers'Compensation:with the statutory limits. B. Employers' Liability insurance: with a limit of not less than one hundred thousand dollars ($100,000) for each accident, one hundred thousand dollars ($100,000) for each disease,and five hundred thousand dollars($500,000)for aggregate disease. C. Comprehensive General Liability Insurance. with limits of not less than one million doII ars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The insurance policy must Include coverage that Is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services ® and the policy must include coverage's for premises and/or operations, independent Bidders, products and/or completed operations for Bidders, contractuaI liability, broad forin contractual coverage, broad form property damage, products, completed operations, and personal Injury. Personal Injury coverage shall Include coverage that has the Employee and contractual Exclusions removed. D. Motor Vehicle Liability Insurance: covering all vehicles associated with Bidder's operations to Include all owned, non-owned and hired vehicles. The coverage will be written an an occurrence basis wfth limits of liability not less then one million dollars ($1,000,000-00)combined single limit per each occurrence. E. Umbrella Liability Insurance or Excess Liability Insumnee with limits of not less than one million($1,000,000)dollars may be used to reach the limits of liability required for the General Liability and the Business Automobile Policy. If applicable, the amounts specified as Contract specific will be an initial layer of coverage which will be applicable only to claims arising out of, or In connection with, the work performed or the use or occupancy of Authority promises In connection with this Contract and will not be reduced or diminished in any manner by claims resulting from other than the work performed rt use or occupancy of Authodty promises In connection with this Contract.The amounts specified as total limits will be the total minimum limits required, including the initial layer. All insurance policies shall be issued by companies that(a)are authorlized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best's rating of A-Vill or better.All Insurance policies shall name the City as an additional insured. Contractor agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or repI acement certificates of insurance shall be forwarded to the City Purchasing Department. Purchase and Delivery of Bulk Gasdine and Dead Fuel Agreement 2131 P a g Page 707 of 940 EXHIBIT II PRICE: I II r the DTNr each product at the time of delivery. No other charges outsidethe Fee Schedule, r than applicablefuel II be permitted. 1• Traneport Truck Dell " ITEM DESCRIP170NSURCHARGEAMOUNT Gasoline 4M220-930-7800 Gasoline E10, 1t1n d� 7 Octane -O.OE � ,� r allon ........ 0 r Diesel 4405-120-260-1030 Ultra Low Sulfur Diesel Fuel,grade no. 2 sulfur minimum celane i ...........eriIln li. Tank u._ Delivery ITEm DESCRIPnON SURCHARGE AMOUNT Gasoline Gasoline 1 Unleaded, ------------- iesel 4405-120-260-1030 Ultra Low Suffur Diesel Fuel,grade no. 1 sulfur minimum ostane i r c-allon Purchwe and Delheryi i I Agrownent Page 708 of 940 Page 709 of 940 O +4 1 CITY OF DELRAY BEACH 100 N.W. 1St AVENUE, DELRAY BEACH, FL 33444 Award Notice Solicitation No.: ITB 2017-047 Solicitation Title: Bulk Gasoline and Diesel Fuel Bid Opening Date: April 25, 2017 Bid Opening Time: 2:00 PM ET Purchasing Contact: lingholmr@mydelraybeach.com Awarded Supplier: Macmillan Oil Company, LLC, Primary Supplier Petroleum Traders Corporation, Secondary Supplier Notes: Awarded by Commission on June 6t" 2017 Award Notice ITB 2017-047 (Posted June 7th,2017) Greco-Arencible, Adrienna Gardner-Young, a n < un m lraac .c > Monday,August 20,20183:51 PM Greco- nci i ,Adflanna Subject: RE: Macmillan Oil -2018 BlanketBack U - Email Authorization from Delray.pdf fin The City of Delrayc has no objections. Caryn Gardner-Young,I . I Assistant City Manager 561-243-70001 a gyoung@mydeiraybeach.com1100 . 1st Avenue, Delray Beach, Florida CITY OF DELRAY BEACH Most wribm commudcations to or fivm local officials, emphnew,or do general pubbc regading city business an pubhe records avaMle to the pubhc and media upon request.Your&msfl Greco-Arencibla,Adrianna< r - nci is l.us> Monday, 11:24 AM Gardner-Young, a < o eir c .co > Macmillan it-2018 BlanketBack Up- Email Authorization from Delray.pdf Importance. High Good morning, Last year you authorized the City of Boynton Beach to piggyback the MacMillan fuel contract per the attached email copy. We are beginning our new fiscal budget year and wouldlike to piggyback the MacMillan fuel contract again. Would you please respond viae ail authorizing the City to piggyback the fuel contract for fiscal year 2018-2019? If you have any questions, please let me know. Thank you drianna Assistant Public Works Solid Waste Mailing Address: P.O. o 310 1 Boynton Beach, Florida 33426 Physical dress:222 NX. 9th Ave. Boynton Beach, Florida 33435 Greco-Arencib1aA@bbfl.us I „• oyno -beach.or i Page 711 of 940 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to dis l sure.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 712 of 940 AN MACMILLAN OIL COMPANY, LLC 29SSEAST IlmAVENUE, H|ALEAH' FLORIDA 33O13 PH: (3O5) 691'7814 FAX: (305) 693-188O August 2O, 2O18 AdhannaGrecco City ofBoynton Beach DearAdrianna' Considering the authorization by the City of Delray Beach to piggyback on their contract R142103 with us. We, Macmillan Oil Company, LLC will extend the same terms and conditions tothe City ofBoynton Beach asinthe above referenced contract. Please let meknow ifany additional information isneeded. Sincerely, Daniel A|onso President 8.A. PUBLIC HEARING 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-024 - FIRST READING -Approve Good Stone Townhomes annexation (ANNEX 18-001) Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) PROPOSED ORDINANCE NO. 18-025 - FIRST READING -Approve Good Stone Townhomes Future Land Use Map Amendment (LUAR 18-002)from Palm Beach County's Commercial High with a maximum density of 5 dwelling units/acre (CH/5) to Special High Density Residential (SHDR). Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) PROPOSED ORDINANCE NO. 18-026 - FIRST READING -Approve Good Stone Townhomes Rezoning (LUAR 18-002)from Palm Beach County's Commercial General (CG) to Infill Planned Unit Development (I PUD). Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) EXPLANATION OF REQUEST: The subject 0.30 acre parcel, presently vacant, is located within the 31-acre unincorporated county pocket east of Federal Highway at the southern edge of the City. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County's designations in order to develop the property with four (4) three-story townhomes. The proposed annexation meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets. In fact, the annexation action would reduce the existing county pocket. The proposed City's FLUM category and zoning district differ significantly from the property's existing Palm Beach County's classification and zoning in that it does not allow commercial uses and permits much higher residential density-20 du/acre versus 5 du/acre. If annexation is approved, the property will be considered for inclusion in the Community Redevelopment Area. The CRA Plan does not provide future land use recommedations for land in unincorporated areas which abut the CRA boundary. Nevertheless, the proposed SHDR future land use category may be construed to be consistent with the intent of the Plan, which recommends SHDR for the nearby City communities north and west of the subject property (the FLU designation that they already have). Moreover, the property abuts residential uses in the unincorporated County to the east and south, which further justifies the choice of residential-only classification. Planning and Development Board recommended approval of these requests at its August 28, 2018 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. Page 714 of 940 FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A. Location Map Aerial D Location Map Exhibit B. Proposed FLU D Location Map Exhibit C. Proposed Zoning D Letter Exhibit D. PBC annexation letter Page 715 of 940 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-046 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: August 10, 2018 PROJECT: Good Stone Townhomes ANNEX 18-001 / LUAR 18-002 REQUEST: Approve Good Stone Townhomes annexation, Future Land Use Map amendment from Palm Beach County's Commercial High with a maximum density of 5 dwelling units/acre (CH/5) to Special High Density Residential (SHDR), and rezoning from Palm Beach County's Commercial General (CG) to Infill Planned Unit Development (IPUD). PROJECT DESCRIPTION Property Owner/ Applicant: Good Stone, LLC Agent: Christi Tuttle / Miller Land Planning, Inc. Location: Southeast corner of Federal Highway and Chukker Road (Exhibit "All) Existing FLU/ Zoning: Commercial High with the underlying Medium Density Residential MR-5, max density of 5 du/ac (CH/5) / Commercial General (CG) - Palm Beach County Proposed FLU/ Zoning: Special High Density Residential (SHDR) / Infill Planned Unit Development (IPUD); see Exhibits "B" and "C" Acreage: 0.30 acres Page 716 of 940 Page 2 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 Proposed Use: Four townhomes Adjacent Uses: North: Right-of-way for Chukker Road and farther north, a developed multifamily residential community (Waterside), classified Local Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD); South: Developed single-family home, classified Commercial High with max density of 5 du/ac (CH/5) and zoned RS, Single-Family Residential ( Palm Beach County); East: On the north east, developed single-family home, classified Medium Residential (MR-5) and zoned RM, Multi-Family Residential (Palm Beach County); on the south east, a finger canal leading to the Intracoastal Waterway; West: Right-of-way for North Federal Highway; farther west, residential community of Seaborne Cove, classified Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD). BACKGROUND The subject 0.30 acre parcel, presently vacant, is located within the 31-acre unincorporated county pocket east of Federal Highway at the southern edge of the City. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County's designations in order to develop the property with four (4) three-story townhomes. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently. Preliminary review of the proposed annexation by staff indicates that it meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets—on the contrary, it reduces the existing county pocket. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007- 018. Pursuant to these requirements, on April 27, 2018 staff sent a notification of the proposed annexation to the Palm Beach County Administrator and Planning Director. County staff and service delivery agencies reviewed the application and have not identified any inconsistencies with Chapter 171 (Exhibit ""D".) Note that the County will not require the City to assume ownership of Chukker Road as a prerequisite for 2 Page 717 of 940 Page 3 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 annexation. If annexation is approved, the property will be considered for inclusion in the Community Redevelopment Area. The adjustment to the CRA boundary is being processed concurrently. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and D.3: a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The subject FLUM reclassification and rezoning are requested in conjunction with a privately-initiated annexation, which requires concurrent applications for same. The proposed City's FLUM category and zoning district differ significantly from the property's existing Palm Beach County's classification and zoning in that it does not allow commercial uses and permits much higher residential density-20 du/acre versus 5 du/acre. The residential-only SHDR proposed for the property is consistent with the FLUM classification of the nearby communities within the City; moreover, the property abuts residential uses in the unincorporated County to the east and south, which further justifies the choice of residential-only classification (see also responses to criteria "b" and "c'). b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan/CRA Community Redevelopment Plan Firstly, the FLUM amendment and rezoning are requested in conjuction with annexation, which is encouraged by the Comprehensve Plan's Land Use Element's Objective 1.15, especially if it contributes to the reduction of an existing county pocket. Objective 1.15 The City will continue to expand through annexation of enclaves, pockets and other contiguous properties. The concurrent FLUM amendment and rezoning are required per Policy 1.15.3- 3 Page 718 of 940 Page 4 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City's land use classification and zoning district. The CRA Community Redevelopment Plan does not provide future land use recommedations for lands in the unincorporated Palm Beach county which abut the CRA boundary and which may be annexed to the City and included in the CRA in the future. Nevertheless, the proposed SHDR future land use category for the subject property may be construed to be consistent with the intent of the Plan, which recommends SHDR for the nearby City communities north and west of the subject property—the FLU designation that they already have. Even though the Plan recommends Mixed Use Low (MXL) FLU category for three already annexed areas south of Turner Road on the east side of Federal Highway, staff opines that arguments supporting the proposed residential-only SHDR are stronger, including the above mentioned proximity of the SHDR-classified lands as well as the residential character of the neighborhood abutting the property to the east and south. Consistency with Land Development Regulations (LDR) The application for the new site plan complies with the regulations and intent of the IPUD zoning district. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed FLU and zoning district would not be contrary to the established land use pattern or create an isolated zoning district, nor would it constitute a grant of special privilege to an individual property owner. The predominant land use in the area is residential and, as stated in response to criterion "b," the developments north and west of the subject property within the City carry the same FLU classification and zoning designation as requested by the applicant. Also note that the the property's current County FLU of Commercial High Uses and, specifically, zoning district of Commercial General is to "encourage the development of intensive commercial uses providing a wide range of goods and services, with access from a collector or arterial street and services a consumer market of at least a three mile radius." Arguably, although the subject property fronts on an arterial, it is too small to accommodate uses as described above (PBC Unified Land Development Code), and the presence of the single-family neighborhood abutting the property on the east would be a strong argument against commercial uses. 4 Page 719 of 940 Page 5 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning does not meet the sustainability characteristics except for access to public transportation (the Palm Tran bus routes along Federal Highway). The proposed FLU and zoning do not allow commercial uses; as per the response to criterion "c," the parcel is too small to accommodate a mix of (complementary) uses. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer.The Utilities Department has confirmed long-term capacity availability for potable water and sewer at the maximum density and intensity allowed under the requested land use classification and zoning designation. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact will be reviewed as part of the site plan. The School Capacity Availability Determination (SCAD) for PBC School District. The district's review of the SCAD letter submitted by the applicant conluded that the proposed development will have negative impact on the public school system. In order to address the school capacity deficiency at the high school level, the property owner is required to contribute $11,827 to the School District of Palm Beach County prior to issuance of the first building permit. This school capacity contribution is intended to supplement the required school impact fee. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and 5 Page 720 of 940 Page 6 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The response to the criterion "1(1)" is similar to the one provided in discussion of criteria "a," "b" and "c": the developments north and west of the subject property within the City carry the same FLU classification and zoning designation as requested by the applicant. The proposed FLU and zoning district will support a residential project in the area dominated by residential uses; moreover, the project design will be sensitive to the character of the abutting single-family neighborhood to the east. The values of adjacent and nearby properties are unlikely to be negatively affected (note, again, that the parcel could have been developed with a commercial use under the County's zoning.) g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. Since the proposed FLU amendment/rezoning will support a small residential project of four townhomes, the main economic development benefit of this action will be the project's contribution to the City's tax base. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and 6 Page 721 of 940 Page 7 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. As already discussed earlier is this report, the residential future land use and zoning is appropriate for the subject property. Even though its current County's FLU supports commercial development, its small size has likely been a chief factor behind the lack of investors' interest. The presence of developed single-family homes east and south of the property was likewise not conducive to commercial development. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A. The FLUM and rezoning requests are being considered in conjunction with annexation. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The application for the new site plan complies with the regulations and intent of the IPUD zoning district. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed annexation, future land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan, and the proposed annexation reduces the size of the PB County unincorporated pocket. Therefore, staff's recommends approval of the subject requests. SAP Ian ning\SHARE D\WP\PROJECTS\Goodstone Townhomes\LUAR 18-002\LUAR 18-002 Good Stone Townhomes Staff Report.docx 7 Page 722 of 940 LOCATION MAP EXHIBIT A a �� {4' kf �Waterside' Cir { t rz f a � rne�, R y "f h4 � LEGEND um City boundary 012. 5 5�'ry75��1,�0p£gf0 EXHIBIT B GOOD STONE TOWNHOMES LUAR 18-002: FLU AMENDMENT } sssr; f 1 I -� Waterside Cir �r { � � Chukker�Rd i — i1St a � il�1�tx�tV� s�(� I}'�'tl���rst�lt�����r� t t S t F' c 'yf e � t i n } LEGEND MIMI City boundary IN Special High Density Residential (SHDR) FLU 012.5255�'ry75��10 MI Local Retail Commercial (LRC) FLU pb9f0 EXHIBIT C GOOD STONE TOWNHOMES LUAR 18-002: REZONING � a 1 f ,>' } , -.»1, , r:= ,l tIrl 1 -•2, �I II ,, 11 ,-. 1 t;, , t } ,.5- ., .r}✓1 , ,... .., _ .�.t 13 ,.v.i1t )tl{4 1.�t�� -: .1 11 i l (�fl�� 1�,.., -rt 35 t� » I 4 ..., ,,,,, „r, , „s.r <,,,,.,,, t. ;.<•4 t (3.., .141 ,ii -:rl i il,.lt.i, ,.�: �,,. i (1t. II 31 ,II 1. I .:, 1c: .t 1 .Sill , , Z. t\ 4 r I sr 1 t; , , ,r{!i 4 r 1 � • , � +,,{ t�r31 tt+3)11}}lG,�l�1��lll r�3u /,(sal��1��1 l�l��, jl t t rttt , t 4 ��r ; � kker�Rd p r 1, 3 , 1 v 1 , 1 t 11 1 , > t 1 2 r I III . l F 1111 s } II 4 - tl4 ) !:r — _) 3 ,� 1r, 1,fi 11 >� II j 1: 11 �4l�l�Illllh �t tfl)Il 11111 ,,; 'S111i1 't3i,,3 i+�!)hijlll,tl�s�, ��r�l 1}1311111111111111111111 S 1'c1 ! j3j��1111,ytI1111111111111111111111111111111�Ilh�ul�3r,��0����13r1111 � Il,lllf�#flit}7 1� 11�il�� IIx 11 � !!)211},:�, 14{ ��,Il� j I�;{l- ..- -- - - _ — - ,• _ ;- ,s, e a i -a: 1 1l:f.. : , r ,trrat n - „ 1 a f 1t, t 4 F I I t — i t , LEGEND City boundary {Irllrl111111uu1,;;; IPUD zoning district PUD zoning district 012. 55�'ry75��110�£�0 C-3 zoning district e Exhibit D �LORI9�' r2F May 22, 2018 Department of Planning, Zoning&Building 2300 North Jog Road Michael Rumpf West Palm Beach,FL 33411-2741 (561)233-5000 Planning and Zoning Director City of Boynton Beach Planning Division 233-5300 100 E. Boynton Beach Boulevard Zoning Division 233-5200 Boynton Beach, FL 33425-0310 Building Division 233-5100 Code Enforcement 233-5500 RE: Proposed Anilexation Good Stone LLC; 2018-08-001 Contractors Certification 233-5525 Administration Office 233-5005 Executive Office 233-5228 Dear Mr. R �Pf www.pbcgov.comlpzb Thank you for providing the County advance notice and the opportunity to review the annexation'summarized below. Name Description Palm Beach County Good tone C Acres: 0.30 Board of County Location: Southeast corner of N. Federal Hwy and Chukker Rd Commissioners Melissa McKinlay,Mayor 2018-08-001 1St Reading: 7/17/2018 2nd Reading: 8/7/2018 Mack Bernard,Vice Mayor The proposed annexation was processed through the County's Annexation Review Hal R.Valeche Process. County staff and service delivery agencies reviewed the proposed annexation. After review, County staff has not identified any inconsistencies with Paulette Burdick Chapter 171, Florida Statutes. The Engineering Department requests that the City Dave Kerner protect the ultimate right-of-way for Federal Highway. Also, the City should assume Steven L.Abrams ownership of Chukker Road. Mary Lou Berger If you have questions regarding the Department of Engineering comments, contact Tammy Lee at 561-684-4019. For any other comments or questions, please contact Patricia Behn, Deputy Planning Director, at 561-233-5332. Sincerely, County Administrator Verdenia C.Baker Lorenzo Aghe o Planning Dire for cc: The Honorable Steven L.Abrams, District 4 Commissioner Lori LaVerriere,City Manager, Boynton Beach Faye W.Johnson,Assistant County Administrator Hanna Matras,Senior Planner,Boynton Beach Patrick Rutter, PZ&B Executive Director Patricia Behn, PBC Deputy Planning Director "An Equal opportunity Ramsay Bulkeley, PZ&B Deputy Director Tammy Lee,PBC Engineering Dept. Affirmative Action Employer" Bob Banks,AICP,Chief Land Use County Attorney 4�D printed on sustainable t:\planning\intergovernmental\annexations\2018 fiscal year\letters\bb-good stone Ilc-may2018.�phbe 726 of 940 Fj and recycled paper r 8.B. PUBLIC HEARING 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve Good Stone Townhomes New Site Plan (NW SP 18- 001) to allow construction of a multi-family residential project consisting of four (4), three-story townhomes totaling 12,180 square feet and related site improvements, located on the southeast corner of Federal Highway and Chukker Road. This request is in coordination with applications for Annexation, Future Land Use Amendment, and Rezoning. Applicant: Good Stone, LLC. (Applicant requests tabling to October 2, 2018) EXPLANATION OF REQUEST: Bradley Miller, representing Good Stone, LLC, is requesting New Site Plan approval to construct a multi- family residential project consisting of four (4), three-story townhomes totaling 12,180 square feet and related site improvements. Approval of this request is subject to the approval of the corresponding applications for Annexation, Future Land Use Amendment, and Rezoning. The site area of the project is 0.30 acre. The four (4) dwelling unit townhome building is located along Federal Highway with the front porches facing the street and the private garages internal to the site. Of the four residential units, two are three-bedroom units and two are four-bedroom units. The project proposes a communal recreation space along the water front. The recreation area includes open green areas, a deck, bench, and a trellis covering the proposed BBQ area. Staff has reviewed the plan set and recommends approval, subject to the attached Conditions of Approval. The Planning and Development Board recommended approval of the project at the August 28, 2018 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Additional revenues received from the permit and certificate of use applications, as well as the increased valuation of the property. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 727 of 940 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report (NW SP 18-001) D Location Map ExhibitA: Location Map D Drawings Exhibit B: Plans D Conditions of Approval Exhibit C: Conditions of Approval D Development Order Development Order Page 728 of 940 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-053 STAFF REPORT TO. Chair and Members Planning and Development Board THRU: Ed Breese Planning & Zoning Administrator FROM: Amanda Bassiely, Senior Planne DATE: July 23, 2018 PROJECT: Good Stone Townhomes ( NWSP 18-001) REQUEST: New Site Plan approval for multi-family residential townhomes consisting of four (4) dwelling units within a three (3)-story building and associated recreational amenities and parking on a 0.30 acre property. PROJECT DESCRIPTION Property Owner: Good Stone, LLC Applicant: Good Stone, LLC Agent: Christi Tuttle / Miller Land Planning, Inc. Location: Southeast corner of North Federal Highway and Chukker Road (Exhibit "A") Existing FLU/Zoning: Commercial High with the underlying Medium Density Residential MR-5, max density of 5 du/ac (CH/5) Commercial General (CG) - Palm Beach County Proposed FLU/Zoning: Special High Density Residential (SHDR) / Infill Planned Unit Development (IPUD); see Exhibits "B" and "C" Acreage: 0.30 acres Proposed Use: Four(4) townhomes Page 729 of 940 Page 2 Good Stone Townhornes NWSP 18-001 Adjacent Uses: North: Right-of-way for Chukker Road and farther north, a developed multifamily residential community (Waterside) classified Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD); South: Developed single-family home, classified Commercial High with max density of 5 du/ac (CH/5) and zoned RS, Single-Family Residential (Palm Beach County); East: On the north east, developed single-family home, classified Medium Residential (MR-5) and zoned RM, Multi-Family Residential (Palm each County); on the south east, a finger canal leading to the Intracoastal Waterway; West: Right-of-way for Federal Highway; farther west, residential community of Seaborne Cove, classified Special High Density Residential (SHDR) and zoned Planned Unit Development (PUD). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND The subject 0.30 acre parcel, presently vacant, is located within the 31-acre unincorporated county pocket east of Federal Highway at the southern edge of the City. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County's designations in order to develop the property with four (4) three-story townhomes. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently. BACKGROUND Proposal: Miller Land Planning, Inc., agent for the applicant of several concurrent applications for the development of the Good Stone Townhomes project, is requesting to be annexed into the City of Boynton each from Palm each County with concurrent Land Use/Re-Zoning Amendment and New Site Plan application approvals. The parcel is currently designated with Commercial 2 Page 730 of 940 Page 3 Good Stone Townhomes NWSP 18-001 High (CH/5) Land Use and General Commercial Zoning (CG) within Palm Beach County. The applicant is requesting a Future Land Use designation of Special High Density Residential (SHDR) with a maximum of 20 units per acre and Rezoning to Infill Planned Unit Development (IU ). The applicant is also requesting approval of a New Site Plan for the proposed development consisting of one building with four three-story townhomes totaling 12,180 square feet, parking, and site amenities. ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project does not have significant peak hour traffic impact on the roadway network and therefore meets the Traffic Performance Standards of Palm Beach County. School: The School District of Palm each County review of the School Capacity Availability Determination letter submitted by the applicant concluded that the proposed development will have negative impact on the public school system. In order to address the school capacity deficiency at the high school level, the property owner is required to contribute $11,827 to the School District of Palm each County prior to issuance of the first building permit. This school capacity contribution is intended to supplement the required school impact fee. Utilities: 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. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Page 731 of 940 Page 4 Good Stone Townhornes NWSP 18-001 Access: One (1) point of ingress/egress is proposed for the project along Chukker Road. This two-way driveway serves as the only point of access to the four(4) townhome development. Sidewalks are provided along both right-of-ways, with the sidewalk proposed along Federal Highway at a minimum of eight (8) feet in width and five (5) feet in width along Chukker Road. The sidewalk along Federal Highway is proposed to be lined with landscaping and the front porches of the four (4) proposed townhomes. Parking: Off-street parking for the IPUD zoning district requires two (2) parking spaces for two or more bedroom units. The project proposes four, three-bedroom units, which would require eight (8) parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds one (1) parking space to the total of nine (9) required parking spaces. The site plan proposes 12 parking spaces, or an excess of three (3) spaces. Three of the units have two-car garages and one unit has a one-car garage. The remaining spaces are located in a surface parking area at the northeastern portion of the site. Landscaping: The Plant List (Sheet L-2) indicates that the project would add a total of 43 canopy and palm trees, 143 accent and shrub specimens, and 690 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Live Oak, Crepe Myrtle, and Green Buttonwood. Palm species would include Coconut Palm, Cabbage Palm, Alexander (triple trunk) Palm, and Areca Palm. The Areca Palms are placed along the south and east property lines to provide a buffer against the single-family neighborhood. Additional planting in the east buffer include existing mature seagrape plants. Projects proposed in the Federal Highway District of the Community Redevelopment Area are encouraged to have a streetscape design which reduces building setbacks and encourage building placement abutting the street, thus creating an urban setting. The purpose being to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and enhance the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant 4 Page 732 of 940 Page 5 Good Stone Townhornes NWSP 18-001 depicts the use of street trees, wide paver sidewalks, and front porches along the building and between the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Building and Site: The site area of the project is 0.30 acre. The four (4) dwelling units are located along Federal Highway with the front porches facing the street and the private garages internal to the site. Of the four residential units, two are three-bedroom units and two are four- bedroom units. Each unit also has a balcony or terrace that either faces towards Federal Highway or towards the Intracoastal Waterway. Building Height: The maximum building height allowed in the IPUD zoning district is 45 feet. The proposed building elevations depict the typical median height of the pitched roof at 33 feet, comparable with the 30 foot maximum height allowed within the City's single-family zoning districts. Setbacks: The IPUD zoning district has flexible setback requirements. However, development along Federal Highway has a zero (0) foot build-to line. The building setbacks may be increased up to 15 feet, without benefit of a community design appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback along the length of the building is 11.3 feet. Along Chukker Road, the building setback is 13.2 feet; from the southern property line the building is setback 10.6 feet; and from the eastern property line the building is setback a minimum of 30.5 feet from the finger canal, ranging to approximately 70 feet to the single-family structure to the east. Amenities: As noted above, the building is setback from the eastern property line along the Intracoastal waterway. Within this setback the project proposes a communal recreational space along the water front. The recreation area includes open green areas, a deck, bench, and a trellis covering the proposed BBQ area. Design: The proposed building has a Mediterranean design, featuring a smooth stucco finish, terra cotta color 's' roof tile, decorative cornices and banding, arched windows and porte cocheres, modulation of the facades, balconies with decorative aluminum 5 Page 733 of 940 Page 6 Good Stone Townhornes NWSP 18-001 railings, and an earth tone color palette. Lighting: The photometric plan (Sheets A-6) includes 11 wall-mounted fixtures placed 7.5 feet in height, all of which would have a bronze finish and designed to match the architecture of the building. There are no pole lights proposed. The on-site illumination would not "spill over" onto adjacent properties and rights-of-way as required by code. There are no spot readings in excess of the maximum 5.9 foot-candles. Signage: A site sign is proposed along Federal Highway, setback ten feet from the property line. Signage design has not been finalized at this time. The design will need to be submitted for staff review and approval prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The proposed location and description of the art will be reviewed by the Public Arts Commission. According to the proposed construction estimates, the project would have an art budget of approximately $11,088. RECOMMENDATION Staff has reviewed this request for a new site plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\PIa n n i ng\S HARE D\WP\PROJ ECTS\Good stone Townhomes\NWSP\StaffReport\NWSP 18-001 Staff Report—Good Stone.docx 6 Page 734 of 940 EXHIBIT "A„ 04/23/2018 PROPOSED ANNEXATION „ w r fi t+Y' s u r 31 i- 1 } i st F } k was Chukker Rdp `'`` frz �# tttF - )l nF � - t } \�41t1 r trtt � �111i1Gr s� 4 1ylQ S� } "Up LEGEND t k 1 �3 ti r 4 rdRd 4� t � r LEGEND mimm City boundary 0 15 30 60 90 120 �ggbf 940 Z _ U lz'43ee9 uoauAogw Z Z oda _ z u» O CCw a :7 Sauaoyunnol auoJS pooh LJ� u,m_ ac0�a o a a AdMH 4y3a'3 EXHIBIT BIT 11B1� }Em w � �2 3E o e m o o= �a� gad a v r -39� sEc� a� Pd s�H� °'12r aNv7 aaiiv7dNn � a a yam x W ze - All �9092.SOS�— O Olo - Z sya – W � 6 Q z �ll b 26 I M.Ob w o P a u o N > m m Z Uc a m� "av 100 - o N� z co x w o w _ m o w w , w 0.00 'a u' 0 e Oo z a � a.IM,a 8660[ y o Qlfy,g m X00 y�/ N ��+My��tara^�s � b3atia oZ ao K26pSI[,y �LL l(OE'6 ON b/p�/N z Noo NO/-�O �ab7 � ;sea ��-fiL/ 3s dbWO�bi � V�,ry ea � �. d°3 4Jpa8 Uo�S 071 w Page 736 of 940 r m i �w 4 R s- -s � m I 8 V �l e Z L N« i �n n y C E IfTll - �—' Dp D D � ma• .� frmg �� �s^ � s � $s w o 3 Qm W 3 O oB �fl"� �8V ro IQ1 6 o �" dd 88 8888 @388 83 83 as 88 T (D 7`m Page 737 of 940 x � n o A " z _ - o " m yo - D IM D P r 0 IM A A no no 8m moo° no m m o �o �o ,o N° n �A AA A "To ° '° " A 9 9 A A A mm0 m m m A m m Nm Nx y 0 oG oo n n " 000 0 0 000 o ❑ ❑ o ❑ ❑ oo� 'Do00 o ❑ OkE o ry � W oo n 0 n m m m(n � N o M frr'I o o G o D m O 0z z W W p O 0 � IIS IIS � I� Ie 0 o Im �Io r I D _ o n z 10z m 8 of 940 777 n --- F - AF -10 0 z CD- - - - o 0 100 00 D 0. m r A FP r 1. Z 0 MUD 0 DD o J J� o N z m m punu D O D D > = Am CO- M im ADD m D O O z z m r Oz z O O alp Ig I� I� I� �I8 oDz 1 v _ �a cs, o z m 9 of 940 I _ Q - ! y _ % \ � 4 / � 4 § z� � . . . . z ( { : ¥ \ \ � \ � /\ ci \ \ {} fib- \ \ \ \ ~^ \ \ } \ ol )A : d) /%q2 f \ \ } } } � sy= d d �© \ ± \\ EXHIBIT C Conditions of Approval Project Name: Good Stone Townhomes File number: NWSP 18-001 Reference: 31d review plans identified as a New Site Plan with an August 3, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. All previous comments addressed at DART meeting. 1. At time of permitting, provide an access easement over the portions X of the sidewalk along Federal Highway and along Chukker Road that are built within the property. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 2. Park impact fees will be required at time of building permit. X PLANNING AND ZONING Comments: 3. Coordinate with Palm Tran to relocate the existing bus stop further X south. 4. At time of permitting, provide details of all proposed signage. X 5. At time of permitting, provide details of the proposed trellis. X 6. At time of permitting, update the photometric calculations to X Page 741 of 940 Good Stone Townhomes (NWSP 18-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT accurately reflect the revisions to the site plan. 7. Approval of this New Site Plan application is subject to the approval X of the corresponding Annexation, Future Land Use Amendment, and Rezoning. 8. The Good Stone Home Owners Association documentation shall X restrict the use of garages to vehicular storage. COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 9. Incorporate a minimum of one third of the ground cover plant species X to be butterfly friendly plants. 10. Improve the right-of-way of Chukker road along the Good Stone X project to address any existing flooding issues. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Goodstone Townhomes\NWS P\StaffRe po rt\Exhibit C-NWSP 18-001 COA.doc Page 742 of 940 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Good Stone Townhomes (NWSP 18-001) APPLICANT: Good Stone, LLC APPLICANT'S ADDRESS: 1 Sunset Lane, Pompano Beach, FL 33062 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 2, 2018 APPROVAL SOUGHT: Request for approval of a New Site Plan for the construction of a multi-family development consisting four (4) three (3)-story townhomes, parking, and related site improvements. LOCATION OF PROPERTY: Southeast corner of South Federal Highway and Chukker Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Goodstone Townhomes\NWSP\StaffReport\NWSP18-001_DO.doc Page 743 of 940 8.C. PUBLIC HEARING 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve 125 E. Boynton Beach Blvd. Major Site Plan Modification (MSPM 18-004) to construct a one-story, 1,226 square foot addition to an existing 1,780 square foot office building and related site improvements, at 125 E. Boynton Beach Blvd. in the C-3 (Community Commercial) zoning district. Applicant: Limor Drillich. EXPLANATION OF REQUEST: Limor Drillich, representing Fins Properties, LLC, is requesting Major Site Plan Modification approval to construct a one-story, 1,226 square foot addition to an existing 1,780 square foot office building and related site improvements. The building addition is completely obscured by the existing building. The proposed plan also includes the addition of a new front fagade for the building, comprised of a parapet wall entry feature, crown molding at the top of the parapet, arched openings and new columns, in an effort to provide an updated look to the building. The site plan depicts the existing point of ingress/egress along the south side of the property connecting to Boynton Beach Boulevard to remain, and a secondary ingress/egress point will be added at the alley on the north side of the parking lot. Both the Fire and Engineering Departments requested the dedication of a small strip of land along the rear of the property in order to improve traffic movements in the alley. The applicant has agreed to provide the dedication and will submit the required documents to the City Attorney for review before recording, and before any permits are issued (see Exhibit"C" - Conditions of Approval). Staff has reviewed the plan set and recommends approval, subject to the attached Conditions of Approval. The Planning and Development Board recommended approval of the project at the August 28, 2018 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Additional revenues received from the permit and certificate of use applications, as well as the increased valuation of the property. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 744 of 940 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Survey D Drawings Site Plan D Drawings Civil Plan D Drawings Demolition Plan D Drawings Landscape Plan D Drawings Photometric Plan D Drawings Floor Plan D Drawings Building Elevations 1 D Drawings Building Elevations 2 D Drawings Color Rendering 1 D Drawings Color Rendering 2 D Conditions of Approval Conditions of Approval D Development Order Development Order Page 745 of 940 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-050 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission FROM: Ed Breese Planning & Zoning Administrator DATE: August 10, 2018 PROJECT NAME/NO: 125 E. Boynton Beach Blvd. / MSPM 18-004 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: Fins Properties, LLC Applicant: Limor Drillich Location: 125 E. Boynton Beach Blvd. (see Exhibit "A" — Location Map) Existing Land Use: Local Retail Commercial (LRC) Proposed Land Use: No change proposed Existing Zoning: Community Commercial (C3) Proposed Zoning: No change proposed Proposed Use: Request for Major Site Plan modification approval to construct a one-story, 1,226 square foot addition to an existing 1,780 square foot office building and related site improvements. Acreage: 11,997 square feet Adjacent Uses: North: Alley right-of-way, then farther north developed residential properties with a Medium Density Residential (MeDR) future land use classification, and zoned Duplex Residential (R2); South: Right-of-way for Boynton Beach Boulevard, then farther south existing City Hall Complex (now Master Planned as a mixed use development known as Boynton Town Square)with a High Density Residential (HDR)future land use classification, and zoned Mixed Use Medium (MXM); East: Developed commercial building (KFC Restaurant)with a Local Retail Commercial (LRC)future land use classification, and zoned Community Commercial (C3); and Page 746 of 940 Staff Report— 125 E. Boynton Beach Blvd. (MSPM 18-004) Memorandum No PZ 18-050 Page 2 West: Developed retail center with a Local Retail Commercial (LRC) future land use classification, and zoned Community Commercial (C3). Site Details: The subject site is currently developed with a 1,780 square foot office building and a parking lot on the east side. The parcel has 100 foot of frontage along Boynton Beach Boulevard and a lot depth of 120 feet, abutting an alley to the north. BACKGROUND Proposal: Limor Drillich, representing Fins Properties, LLC, is requesting Major Site Plan Modification approval to construct a one-story, 1,226 square foot addition to an existing 1,780 square foot office building and related site improvements. ANALYSIS Concurrency: Traffic: A traffic statement for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. A traffic concurrency approval letter was received from Palm Beach County indicating that ten (10)AM peak hour trips and five (5) PM peak hour trips would be generated as a result of this project and that no permits are to be issued after the build-out date of 2020. School: School concurrency is not required for this type of project. Utilities: 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, subject to the applicant making a firm reservation of capacity, following site plan approval. Solid Waste disposal capacity has been evidence through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: The site plan (Sheet SP1)shows that the existing point of ingress/egress along the south side of the property connecting to Boynton Beach Boulevard will remain, and a secondary ingress/egress point will be added off the alley on the north side of the parking lot. Circulation: Vehicular circulation would include two-way circulation that continues along the east side of the building to the parking spaces at the rear of the site. Waste removal trucks will not be required to access the site, as rollout containers will be Page 747 of 940 Staff Report— 125 E. Boynton Beach Blvd. (MSPM 18-004) Memorandum No PZ 18-050 Page 3 utilized for the office space, as it is today, with the containers placed out on the scheduled day of pickup. The Fire Department has reviewed the site circulation and is satisfied with the design. Both the Fire and Engineering Departments requested the dedication of a small strip of land along the rear of the property in order to improve traffic movements in the alley. The applicant has agreed to provide the dedication and will submit the required documents to the City Attorney for review before recording, and before any permits are issued (see Exhibit"C"- Conditions of Approval). Parking: The site plan (Sheet SP1) depicts a total of 3,006 square feet of office building, with the addition of 1,226 square feet proposed with this application. An office building of this size would require ten (10) parking spaces, based upon the applicable minimum parking standard of one (1) parking space per 300 square feet of building. The site plan depicts the provision of ten (10) parking spaces, including one (1) designated for handicap use. All parking spaces are located on the east side of the building, and the parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The landscape plan (Sheet L-1) depicts the buffer adjacent to Boynton Beach Boulevard planted with Yellow Elder, Crepe Myrtle and double-trunk Alexander Palm trees, variegated Croton, Ilex Schellings, Dwarf Lavender Bougainvillea, Blueberry Flax, variegated Bromeliads and Green Island Ficus shrubs and groundcovers. In addition, there is a landscape strip within the widened sidewalk area consisting of Silver Buttonwood trees, Green Island Ficus and Perennial Peanut groundcover. A six (6)-foot wide buffer is provided along the east side of the property, screening the parking lot, and containing Live Oak trees to complement those in the adjacent property landscape buffer and small leaf Clusia, Schefflera Arbicola and Ilex Schellings shrubs. The rear of the property behind the existing building and new addition will be enhanced with double-trunk Alexander Palm trees. The pervious area would total 26% of the entire site and consist of landscaped areas. Additionally, the landscape code requires that 50% or more of the plant material be native species or low to medium water demand varieties, as denoted in the South Florida Water Management District's WaterWise Guide. The plant list (Sheet L-1) indicates that 100% of the proposed plant material is drought tolerant. The code also limits the use of sod to larger open spaces for passive or active recreation purposes, as well as swales, water detention and retention areas, in an effort to reduce water consumption. The plan depicts a limited amount of sod, confined to the swale area between the building and the structure to the west, and small area at the rear of the building to catch any water leaving the alley surface. Building and Site: The proposed building addition is designed as a one (1)-story structure with a front parapet wall depicted at 15'-8"in height, designed to add architectural characterto the structure. The building addition is designed along the west side of the existing structure, and the proposed placement complies with the minimum setbacks of the C3 zoning district and Urban Commercial Overlay,with the building setback five(5) feet from the west(side) property line and 30 feet from the north (rear) property line Page 748 of 940 Staff Report— 125 E. Boynton Beach Blvd. (MSPM 18-004) Memorandum No PZ 18-050 Page 4 abutting the alley. The floor plan (Sheet Al) indicates the total building footprint will consist of a total of 3,006 square feet of office building, with the addition of the 1,226 square feet proposed with this application,with separate entry doors for each of the two (2) tenants, located at the front (south side) of the building, and the existing parking lot improved and expanded along the east side of the building. Building Height: The building elevations (Sheet A3) indicate the highest point of the structure would be the top of the parapet element at the front of the building, at 15'- 8" in height. The typical roof height is proposed at 12'- 6", well below the maximum of 45 feet allowed in the C3 zoning district, and comparable to buildings in the immediate vicinity. Design: The building addition is completely obscured by the existing building.The proposed plan however includes the addition of a new front facade for the building, including a parapet wall entry feature, with crown molding at the top of the parapet, arched openings and new columns, in an effort to provide an updated look to the building. According to the details on Sheet A3, the body paint color would be a light gray, "Silverpointe"—Sherwin-Williams 7653.A secondary body color used solely forthe new parapet front wall and returns would be a light blue-gray color, "Take Five"— Sherwin-Williams 6513. All of the trim is proposed as a creamy white, "Snowbound"— Sherwin-Williams 7004. Public Art: The applicant has indicated they do not anticipate the costs of the improvements to exceed the threshold of$250,000 required to provide Art in Public Places. Site Lighting: The photometric plan (Sheet PM-1) proposes a total of two (2)freestanding lights in the parking lot, along the east side of the property. The freestanding lights would consist of a clay color Mission Revival Bell style light fixture by Environmental Lighting, mounted at 15 feet in height. In addition, there are five (5) wall light fixtures proposed at eight (8) feet in height. The lighting levels proposed comply with the City requirement of a maximum allowance of 5.9 foot-candle spot readings. Signage: Wall signage on the south building elevation has not been designed at this point. The applicant has depicted the proposed locations of the wall for signage. Staff has placed a couple of Conditions of Approval associated with any future signage. First, at time of permit, the applicant shall revise the building elevations to correctly depict the maximum sign square footage allowance and then scale down the sign box to accurately depict the sign area. Secondly, the applicant shall submit a proposed Sign Program for the building, prior to issuance of any sign permits. No monument sign is planned for the site. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for Major Site Plan Modification approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\125 E. Boynton Beach Blvd.\MSPM 18-004\Staff Report.doc Page 749 of 940 Exhibit A LOCATION MAP F s }tai f } e S t� + s r, �- -. 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Boynton Beach Boulevard File number: MSPM 18-004 Reference: 31d review plans identified as a Maior Site Plan Modification with a August 1, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. There is existing city irrigation in the small chaise area between the curb and sidewalk which has 3 existing crepe myrtles. Coordinate with appropriate city staff to cut this off and irrigate with your own irrigation system. Proposed irrigation plan will require more than a X drip system for the trees. At time of permit submittal, please revise the irrigation plan. FIRE Comments: None, all previous comments addressed at DART Meeting. POLICE Comments: None, all previous comments addressed at DART Meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART Meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 2. 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. Page 762 of 940 125 E. Boynton Beach Boulevard (MSPM 18-004) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 3. On Sheet A3, please correct the signage detail on the south building elevation, as each tenant would be allowed 1.5 times the lineal tenant lease building frontage facing Boynton Beach Boulevard, X which appears to be 26.5 lineal feet for Tenant A and 15.5 lineal feet for Tenant B. 4. Prior to submittal of any sign permits, please submit a Sign Program for the building outlining a singular sign type for the tenants (i.e. Channel Letters), maximum and minimum letter sizes, choice of two X colors plus black and white, and single font style. Include an exception for Nationally Registered trademarks/tenants. 5. At time of permit submittal, please remove any sod depicted forward of the front building line and plant shrubs, or a combination of shrubs X and groundcovers. 6. Prior to issuance of a building permit, please provide a fully executed and recorded egress easement, as depicted on the Site Plan. X COMMUNITY REDEVELOPMENT AGENCY Comments: None, all previous comments addressed at DART Meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\125 E. Boynton Beach Bou1evard\MSPM18-004\C0A.doc Page 763 of 940 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 125 E. Boynton Beach Boulevard (MSPM 18-004) APPLICANT: Limor Drillich, Fins Properties, LLC APPLICANT'S ADDRESS: 9165 Talwag Circle, Boynton Beach, FL 33472 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2018 APPROVAL SOUGHT: Request for Major Site Plan modification approval to construct a one-story, 1,226 square foot addition to an existing 1,780 square foot office building and related site improvements, in the C3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 125 E. Boynton Beach Boulevard 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\125 E. Boynton Beach B1vd\MSPM18-004\D0.doc Page 764 of 940 8.D. PUBLIC HEARING 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-027- FIRST READING -Approve Arden Park abandonment (ABAN 18-002) allowing the abandonment of the unimproved, 10.2-foot wide alley running north/south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue. Applicant: Michael Simon, CRA Executive Director. EXPLANATION OF REQUEST: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon the unimproved 10.2-foot wide alley right-of-way (ABAN 18-002) running north/south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue. The CRA is requesting the abandonment as the abutting property owner, along with the City of Boynton Beach, which owns the remainder of the property that abuts the west side of the subject alley. The subject abandonment is in preparation for a potential redevelopment project, which involves accommodating the relocation of the Community Caring Center from a parcel within the proposed Cottage District redevelopment project to the parcels owned by the CRA and City. Staff has reviewed the request and recommends approval, subject to the attached Conditions of Approval. The Planning and Development Board recommended approval of the item at the August 4, 2018 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Abandonment of the alley reduces the City's maintenance responsibility associated with the unimproved alley, and places the land on the tax roll. FISCAL IMPACT: The abandoned alley will be placed on the tax roll. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Page 765 of 940 Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving abandonment of 10.2 foot alley D Staff Report Staff Report D Location Map Location Map D Drawings Sketch & Legal Description D Conditions of Approval Conditions of Approval D Development Order Development Order Page 766 of 940 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING ABANDONMENT OF THE UNIMPROVED 10.2- 5 FOOT WIDE ALLEY RUNNING NORTH AND SOUTH FROM 6 NORTHEAST 9TH AVENUE, FOR A DISTANCE OF 7 APPROXIMATELY 148 FEET,MORE PARTICULARLY DESCRIBED 8 HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE 9 CITY MANAGER TO EXECUTE A DISCLAIMER,WHICH SHALL BE 10 RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS 11 OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the Boynton Beach Community Redevelopment Agency, Applicant, 16 is requesting to abandon the unimproved 10.2-foot wide alley running north and south from 17 Northeast 91h Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of 18 the Robert Wells' Subdivision, between Northeast 3rd Street and Railroad Avenue, subject 19 to staff comments; and 20 21 WHEREAS,comments have been solicited from the appropriate City Departments, 22 and public hearings have been previously held before the City's Planning & Development 23 Board, and the City Commission on the proposed abandonments; and 24 25 WHEREAS, staff has determined that the subject portions of the right-of-way 26 requested to be abandoned does not adversely impact traffic, or affect other adjacent 27 property owners and therefore no longer serves a public purpose, and the City Commission 28 adopts that finding. 29 30 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 32 33 Section 1. The foregoing Whereas clauses are true and correct and incorporated 34 herein by this reference. 35 36 Section 2. The City Commission of the City of Boynton Beach, Florida, does 37 hereby abandon the unimproved 10.2-foot wide alley running north and south from 38 Northeast 91h Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of 39 the Robert Wells' Subdivision, between Northeast 3rd Street and Railroad Avenue , subject 40 to staff comments. The property being abandoned is more particularly described as follows: 41 42 A PORTION OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, 43 AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF 44 PALM BEACH COUNTY, FLORIDA, BEING AN ALLEY 10.20' WIDE, MORE 45 PARTICULARLY DESCRIBED AS FOLLOWS: 46 47 BEGIN AT THE SOUTHWEST CORNER OF LOT 151 OF SAID PLAT, THENCE CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\14A8D7E8-19F1-4DE7-8933-E73E7B2FODAA\Boynton Beach.12426.1.Arden_Park_-_Abandonment_ Ordinance.docx Page 767 of 940 48 S89°54'02"W, ALONG THE NORTH RIGHT OF WAY LINE OF NORTH EAST 49 9TH AVENUE, BEING THE BASIS OF BEARINGS, FOR A DISTANCE OF 10.30 50 FEET TO THE SOUTHEAST CORNER OF LOT 156 OF SAID PLAT; THENCE 51 N07053'54"E FOR A DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER 52 OF LOT 155 OF SAID PLAT; THENCE CONTINUE N07053'54"E FOR A 53 DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER OF LOT 154 OF SAID 54 PLAT; THENCE CONTINUE N07053'54"E FOR A DISTANCE OF 47.38 FEET TO 55 THE NORTHEAST CORNER OF LOT 154 OF SAID PLAT;THENCE S89054'00"E, 56 ALONG THE NORTH LINE OF SAID PLAT FOR A DISTANCE OF 10.30 FEET 57 TO THE NORTHWEST CORNER OF LOT 153 OF SAID PLAT; THENCE 58 S07053'54"W FOR A DISTANCE OF 47.34 FEET TO THE SOUTHWEST CORNER 59 OF LOT 153 OF SAID PLAT; THENCE CONTINUE S07°53'54"W FOR A 60 DISTANCE OF 50.50 FEET TO THE SOUTHWEST CORNER OF LOT 152 OF 61 SAID PLAT; THENCE CONTINUE S07053'54"W FOR A DISTANCE OF 50.50 62 FEET TO THE POINT OF BEGINNING. 63 64 Section 3. The City Manager is hereby authorized and directed to execute the 65 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 66 Records of Palm Beach County, Florida. 67 68 Section 4. This Ordinance shall take effect immediately upon passage. 69 70 FIRST READING this day of , 2018. 71 72 SECOND, FINAL READING AND PASSAGE this day of 73 , 2018. 74 75 CITY OF BOYNTON BEACH, FLORIDA 76 YES NO 77 78 Mayor— Steven B. Grant 79 80 Vice Mayor—Justin Katz 81 82 Commissioner—Mack McCray 83 84 Commissioner—Christina L. Romelus 85 86 Commissioner—Joe Casello 87 88 VOTE 89 ATTEST: 90 91 92 Judith A. Pyle, CMC 93 City Clerk 94 95 (Corporate Seal) CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\14A8D7E8-19F1-4DE7-8933-E73E7B2FODAA\Boynton Beach.12426.1.Arden_Park_-_Abandonment _ Ordinance.docx Page 768 of 940 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach, Florida, does hereby abandon the unimproved 10.2-foot wide alley running north and south from Northeast 9t'Avenue,for a distance of approximately 148 feet,to the south end of Lot 2 of the Robert Wells' Subdivision, between Northeast 3rd Street and Railroad Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: A PORTION OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING AN ALLEY 10.20' WIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 151 OF SAID PLAT, THENCE S89°54'02"W, ALONG THE NORTH RIGHT OF WAY LINE OF NORTH EAST 9TH AVENUE, BEING THE BASIS OF BEARINGS, FOR A DISTANCE OF 10.30 FEET TO THE SOUTHEAST CORNER OF LOT 156 OF SAID PLAT;THENCE N07°53'54"E FOR A DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER OF LOT 155 OF SAID PLAT; THENCE CONTINUE N07°53'54"E FOR A DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER OF LOT 154 OF SAID PLAT; THENCE CONTINUE N07053'54"E FOR A DISTANCE OF 47.38 FEET TO THE NORTHEAST CORNER OF LOT 154 OF SAID PLAT;THENCE S89°54'00"E,ALONG THE NORTH LINE OF SAID PLAT FOR A DISTANCE OF 10.30 FEET TO THE NORTHWEST CORNER OF LOT 153 OF SAID PLAT;THENCE S07053'54"W FORA DISTANCE OF 47.34 FEET TO THE SOUTHWEST CORNER OF LOT 153 OF SAID PLAT; THENCE CONTINUE S07053'54"W FOR A DISTANCE OF 50.50 FEET TO THE SOUTHWEST CORNER OF LOT 152 OF SAID PLAT; THENCE CONTINUE S07053'54"W FOR A DISTANCE OF 50.50 FEET TO THE POINT OF BEGINNING. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2018. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Judith A. Pyle, CMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Judith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\14A8D7E8-19F1-4DE7-8933-E73E7B2FODAA\Boynton Beach.12426.1.Arden_Park_-_Abandonment_ Ordinance.docx Page 769 of 940 Beach,Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2018. NOTARY PUBLIC, State of Florida My Commission Expires: CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\14A8D7E8-19F1-4DE7-8933-E73E7B2FODAA\Boynton Beach.12426.1.Arden_Park_-_Abandonment_ Ordinance.docx Page 770 of 940 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-049 TO: Chair and Members Planning & Development Board FROM: Ed Breese Planning & Zoning Administrator DATE: August 7, 2018 SUBJECT: Request for abandonment of the unimproved 10.2-foot wide alley running north/south from NE 91h Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3,d Street and Railroad Avenue (ABAN 18-002).Applicant: Michael Simon, CRA Executive Director. NATURE OF REQUEST Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon (ABAN 18-002)the unimproved 10.2-footwide alley running north/ south from NE 91h Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3,d Street and Railroad Avenue (see Exhibit"A"— Location Map). The CRA is requesting the abandonment as the property owner, along with the City of Boynton Beach, abutting the alley on the west side for its entire distance, in preparation of a potential redevelopment project, which would relocate the Community Caring Center from a parcel within the proposed Cottage District redevelopment project to the parcels owned by the CRA and City. There are two (2) other property owners abutting the alley on the east side consisting of a total of three (3) lots, two (2) of which are vacant parcels. For greater detail of the abandonment request, please refer to Exhibit "B"— Legal Description & Sketch. The following is a description of the zoning districts and land uses of the properties that surround the subject alley abandonment request: North: Developed commercially-zoned property(Church),zoned C2 (Neighborhood Commercial); South: Right-of-way for NE 9th Avenue, then farther south warehouse structures and storage lot zoned M-1 (Industrial); East: Three (3) parcels, two (2) vacant, zoned C2 (Neighborhood Commercial), then farther east right-of-way for Railroad Avenue; and West: Vacant parcels owned by the CRA and City, zoned C2 (Neighborhood Commercial), then right of way for NE 3 d Street, and father west vacant residential properties, zoned R-2 (Duplex); Page 771 of 940 Page 2 Memorandum No. PZ 18-049 ABAN 18-002 BACKGROUND The applicant is requesting to abandon the unimproved 10.2-foot wide alley running north /south from NE 91h Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 31d Street and Railroad Avenue. The abandonment request will facilitate the potential relocation of the Community Caring Center to properties located on the west side of the alley owned by the CRA and City, freeing up land within the Cottage District for a larger CRA initiated redevelopment plan. Typically,when a right-of-way, such as this unimproved alley, is abandoned, the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State Statute. There are usually property owners on each side which would be affected by an abandonment request, and as a result one-half of the right-of-way is conveyed to those abutting one (1) side and the other half is conveyed to those abutting the other side. As this alley falls completely within the Arden Park plat, that would be the situation in this case, and the underlying land would be divided equally amongst the property owners on the east and west side of the platted alley, again, with the retention of a utility easement for the existing facilities. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection, with the provision of the necessary easements for the existing utilities. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. AT & T No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Florida Public Utilities No objection. Comcast No objection. Crown Castle Fiber No objection. Fibernet Direct No objection. Level 3 No objection. Sprint No objection. Hotwire No objection. Page 772 of 940 Page 3 Memorandum No. PZ 18-049 ABAN 18-002 Strome Networks No objection. Windstream No objection. PBC Traffic Engineering No objection. RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above- analysis, staff has determined that the subject alley no longer serves a public purpose other than retention of a utility easement to service City utilities, AT&T and FPL facilities, and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 18-002(Arden Park)WBAN 18-002\Staff Report.doc Page 773 of 940 Exhibit A LOCATION MAP r \ } - Martin w er King r Blvd ' � ». � v l r, t�t;��-s•. a. ihl��i`tla 3t � t s. v NE 9th Ave - � h z aj� l -� ) i� t� } 1. N 0 12.5 2�5 � g 77 940 �c AONAVV IN3WdO"7dRB(jd23 �M zzs� oN aor �uiedvm oJ77z`f1NSdiN se hrss=jcaa AI)NnWWOO N�®8 A3 dns 4 003H 210 or az A 'PS �w�aam 4,w�w4�Yo ��wwm a�so� Yc ��zaaaa �aoao� as wFx 'a$ •� m�� w os`� so n+ on w w u iuo nonni iwi 3 v a Q $2 E _ 25 tiw � d (9 0 w O a J w m y£,C4tON ti'-n•,:,rv. --._n•..:.,d o �o o rr a� � � � 5 .os os 3:>rF>r Fs<cn 1 "�S§�,6r�-.• ,�„ .. .,.,. g t90,o O c0 �Ery �Ow OO q�O�z -J+U � c rcc i �j"NVNj aM1'D Or p60�i O O (�o 'n 6� �I 4¢ Uz�roO UZzS 0•? �4. ~'.Qi�'t ��� ®$I€ � ) 4 - ffi ' o p o o.owN y; � a o �0 0 0 o O 0.^ `n � • /m � {D)ac<n -.-� ._.. 4 s m.>r.fsaos ���� �I p Q O O h g 3kb£.fSL04 P Lk. OS 3.C£AtON ld1 w o _tz,o o z z LLI �� 3mpws��o mac~ g gyp. n U �I.L CV'`r K O`a'z� ' n Os 0 3z g m o O II, Fp '..11 rw a woo � a e < �k g � w➢o fS ££GtOS 4 y cz:mv }GA-18� � <Coatso�> � 2iLg Nri2daisov Z w p I �••b£,£AtON _ 3°Y,XE<ON - .Z i •' ` EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: CRA Abandonment (Arden Park) File number: ABAN 18-002 Reference: 1St review plans identified as an Abandonment with a July 2, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance of X a building permit. COMMUNITY REDEVELOPMENT AGENCY Comments: None. Page 776 of 940 CRA Abandonment—Arden Park (ABAN 18-002) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 18-002(Arden Park)WBAN 18-002\COA.doc Page 777 of 940 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: CRA Abandonment—Arden Park (ABAN 18-002) APPLICANT: Michael Simon, Executive Director Boynton Beach CRA APPLICANT'S ADDRESS: 710 N. Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 2, 2018 APPROVAL SOUGHT: Request for abandonment of the unimproved 10.2-foot wide alley running north / south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue (ABAN 18-002). LOCATION OF PROPERTY: Alley running north / south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" 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\CRA ABAN 18-002(Arden Park)\ABAN 18-002\DO.doc Page 778 of 940 8.E. PUBLIC HEARING 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve Town Square Phase One Major Site Plan Modification (MSPM 18-006) to construct a 109,085 square foot city hall/ library building, an 827 space parking garage, associated right-of-way improvements, and recreational amenities on an 8.91 acre site. Applicant: City of Boynton Beach EXPLANATION OF REQUEST: Mr. Mark Rickards, agent for the City of Boynton Beach, is requesting approval of a Major Site Plan Modification for the first phase of the Town Square Master Plan. Phase one includes the construction of a 109,085 square foot city hall and library building located on the southeast corner of Ocean Avenue and Seacrest Boulevard, an 827 space parking garage located on the south side of SE 1St Avenue, right-of-way improvements, and public amenities. The applicant is also requesting approval of two (2) concurrent Community Design Plan Appeals. See items CDPA 18-001 & 18-002. The Planning and Development Board recommended approval of the project at the September 4, 2018 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Additional revenues received from the permit and certificate of use applications, as well as the increased valuation of the property. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 779 of 940 ATTACHMENTS: Type Description D Staff Report Staff Report (MSPM 18-006) D Location Map ExhibitA: Location Map D Exhibit Exhibit B: Approved Master Plan D Drawings Exhibit C: Plans D Conditions of Approval Exhibit D - Conditions of Aprroval D Development Order Development Order Page 780 of 940 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-054 STAFF REPORT TO: Chair and Members Planning and Development Board TU: Ed Breese Planning and Zoning Administrator Ae�) FROM: Amanda Bassiely, Senior Planner DATE: August 16, 2018 PROJECT NAME: Town Square Phase One (MSPM 18-006) REQUEST: Approve the Major Site Plan Modification (MSPM 18-006)for Town Square Phase One to construct a 109,085 square foot city hall / library building, a 827 space parking garage, associated right-of-way improvements, and recreational amenities on a 8.91 acre site. PROJECT DESCRIPTION Property Owner: City of Boynton Beach Applicant: City of Boynton Beach Agent: Mark Rickards, Kimley Horn &Associates, Inc. Location: The public portions of the Town Square Master Plan: bound on the west by Seacrest Blvd.; on the north by NE 1 st Avenue; on the east by NE 1 st Street; and on the south by SE 2nd Avenue (see Exhibit "A" - Site Location Map). Existing Land Use: MXM (Mixed Use Medium) Proposed Land Use: No change proposed Existing Zoning: MU-3 (Mixed Use 3) Proposed Zoning: No change proposed Proposed Use: Public uses including a city hall, library, recreational green areas, and associated parking. Acreage: 8.91 acres Page 781 of 940 Town Square Phase One(MSPM 18-006) Memorandum No PZ 18-054 Page 2 Adjacent Uses: North: Portion of the approved Town Square Master Plan classified Mixed Use Medium (MXM) and zoned MU-3 (Mixed Use -3); and farther north, the right-of-way for Boynton Beach Boulevard; South: Right-of-way for SE 2nd Avenue,and farther south, 11 developed single- family homes, classified Low Density Residential (LDR) and Medium Density Residential (MEDR) and zoned R-1-A, (Single-Family Residential District) and R-2, (Single- and Two-Family Residential District); East: Right-of-way for NE/SE 1st Street; on the Northeast side, a developed commercial property classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial);further south, a parking lot and the Green Acres condominium, both classified High Density Residential (HDR) and zoned R-3, Multi-Family; further south, a vacant parcel and the Ocean East Apartments, both classified Local Retail Commercial (LRC) and zoned R-3, Multi-Family; the Vivienne condominium on the south side has the same zoning but is classified High Density Residential (HDR); in the southeastern section, two developed single-family homes and a duplex classified Low Density Residential (LDR) and zoned R-1- A, (Single-Family Residential District); and West: Right-of-way for Seacrest Boulevard; on the Northwest side, the USPS facility and an office building, both classified Local Retail Commercial (LRC)and zoned C-2 (Neighborhood Commercial District);farther south, the First United Methodist Church, classified High Density Residential (HDR) and zoned R-3, Multi-Family (on the part of properties fronting Seacrest Boulevard); south of W. Ocean Avenue, developed single- family homes and small residential rental properties, classified High Density Residential (HDR) and zoned R-3, Multi-Family. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. Mark Rickards, agent for the City of Boynton Beach, is requesting approval of a Major Site Plan Modification for the first phase of the Town Square Master Plan. Phase one includes the construction of a 109,085 square foot city hall and library building located on the southeast corner of Ocean Avenue and Seacrest Boulevard,a 827 space parking garage located Page 782 of 940 Town Square Phase One(MSPM 18-006) Memorandum No PZ 18-054 Page 3 on the south side SE 1St Avenue, right-of-way improvements, and public amenities. The applicant is also requesting approval of two (2) Community Design Plan Appeals (CDPA 18-001 & 18-002) from Chapter 4, Article III, Section B.2.a "Building Location" and each for increased building setbacks, as opposed to strict compliance with the required build-to-line for the city hall/ library building. ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their information and review;they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The traffic study was performed for both phases, and indicates that the project would generate 273 AM Peak Hour trips and 274 PM Peak Hour trips. School: The Town Square phase one does not contain any dwelling units. However, the approved master plan has 705 dwelling units planned for phase two. The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: 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. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development along with the integration of the new District Energy Plant that was recently approved to provide a shared central cooling resource for building cooling systems. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The overall master plan conforms to a grid block configuration and allows for vehicular flow through the project; however,access is limited to public streets and garage entries. In order to complete a vehicular grid system, SE 1st Avenue is proposed to connect to Seacrest Boulevard. To achieve a `main Page 783 of 940 Town Square Phase One(MSPM 18-006) Memorandum No PZ 18-054 Page 4 street' concept and slow traffic, drop-off areas and angled on-street parking is proposed on Ocean Avenue.There are also two small surface parking lots; one located on NE 1 st Avenue and the other on SE 1 st Avenue to serve the commission chambers and the Historic Old High School. Paver sidewalks are provided along all right-of-ways, through green areas, and between buildings. The sidewalks along Seacrest Boulevard and Ocean Avenue are proposed to be 10'6" in width,within which street trees would be spaced in rhythm to provide pedestrians with shade.The sidewalks along NE 1 st Avenue and SE 1 st Avenue are proposed to be approximately nine(9)feet in width, within which street trees are also proposed; all other walkways are designed at a minimum of five (5) feet in width. Parking: Off-street parking for the MU-3 zoning district requires one parking space per 300 square feet of office space and museum area, one parking space per four seats of gathering area, one parking space for every 2,500 square feet of playground, and one parking space per 5,000 square feet of green area. The proposed city hall / library building is 109,085 square feet and requires 364 parking spaces. The existing Old High School is 14,801 square feet and requires 125 parking spaces;the existing Children's Schoolhouse Museum is 4,017 square feet and requires 28 parking spaces. This phase of the Town Square Master Plan includes 897 parking spaces. The applicant is proposing a 6-story parking garage, which would accommodate 827 parking spaces (810 regular and 17 handicap spaces). The applicant is also proposing two (2) surface parking areas, one on the northeast corner of Seacrest Boulevard and SE 1St Avenue which accommodates 16 spaces and one on at the southeast corner of Seacrest Boulevard and NE 1St Avenue which accommodates an additional 20 parking spaces, including two (2) handicap spaces.The remaining 34 parking spaces are angled on-street spaces provided on Ocean Avenue,four(4)of which are handicap spaces. A shared parking study will be required at phase two site plan approval in order to ensure adequate parking for the ultimate build-out of the project (see Exhibit"D- Conditions of Approval). Landscaping: The Plant List (Sheets L109) indicates that the project would add a total of 239 canopy and palm trees, 2,111 accent and shrub specimens, and 5,569 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: High Rise Live Oak, Gumbo Limbo, Crepe Myrtle, Shady Lady Black Olive, Orange Geiger Tree, Hong Kong Orchid Tree and Red Cluster Bottle Bush. Palm species would include Royal Palm and Sabal Palmetto. Projects proposed in the Cultural District of the Community Redevelopment Area are encouraged to have a streetscape design which reduces the building setbacks and encourage building placement abutting the street,thus creating an urban setting.The purpose of the streetscape design concept is to create a landscape design that encompasses both the private and public Page 784 of 940 Town Square Phase One(MSPM 18-006) Memorandum No PZ 18-054 Page 5 domain, to blend the two areas into one unified landscape scheme and pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings,tree canopy),and streetscape amenities (benches, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees,trellises and covered arcades to create the streetscape theme,with the lower landscape material placed at points along the building foundation and between the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Building and Site: The proposed master plan site area totals 15.04 acres,while the site area of phase one is 8.9 acres. The first phase of the master plan would include all of the pubilc components, such as, the city hall / library, the amphitheater/ public open space, the southern garage, playground, Historic Old High School and open plaza on Seacrest Boulevard. This phase also includes the right-of-way improvements to NE 1st Avenue, Ocean Avenue, Seacrest Boulevard, and SE 1 st Avenue. As noted earlier, the applicant is requesting that SE 1 st Avenue be extended westward to meet Seacrest Boulevard and complete the grid block pattern. Two new buildings are included in this phase, the first is a 109,085 square foot city hall/library which is located on the southeast corner of Seacrest Blouvard and Ocean Avenue. The second is one of two garages proposed in the master plan. The 827 space parking garage is proposed on the south side of SE 1 st Avenue. Typically garages are approved with full wrap of uses; however, the residential wrap for this garage will be designed and approved within phase two of the master plan (see Exhibit D- Conditions of Approval). Phase two of the approved master plan proposes a total of 705 units, a density of 47 units per acre,within three separate residential buildings.Other proposed uses include a 120-room hotel at the corner of Boynton Beach Boulevard and Seacrest Boulevard. The residential buildings("A"and "C"), and the hotel will contain a total of 83,887 square feet of first-floor commercial space to activate the main streets. The plan also allocates 28,536 square feet for a civic center and multipurpose space to be housed in the renovated Historic High School, and incorporates into the plan the existing 8,288 square foot Children's Schoolhouse Museum and plaza. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use — 3 (MU-3) zoning district has a maximum FAR of 3.0 and a minimum FAR of 1.75. Since several of the proposed buildings in the master plan do not currently have total square footage calculated, the FAR will be required and reviewed at time of phase two site plan submittal for compliance with the Land Development Regulations (see Exhibit D - Conditions of Approval). Building Height: The maximum building height allowed in the Mixed Use — 3 (MU-3) zoning district is 75 feet. The city hall/library has three steps in the proposed roof deck, the first is 27'6" in height, the second is 54'6" in height, and the tower roof deck is 74'6" in height. The tallest portions of the building are located internal to the project, along the open green space to the east and steps down in height towards Seacrest Boulevard. The 6-story parking garage is 57'3" to the top of the parapet wall and has a tower that reaches 68'2' in Page 785 of 940 Town Square Phase One(MSPM 18-006) Memorandum No PZ 18-054 Page 6 height. Setbacks: The MU-3 zoning district requires no building setbacks, but rather a zero (0) foot build-to line. However,the building setbacks may be increased up to 15 feet administratively,without benefit of a Community Design Plan Appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas,fountains, or outdoor seating areas;2)optimize landscape design;3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street.The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Seacrest Boulevard and Ocean Avenue, the proposed building setback are greater than the allowable 15' in order to accommodate an enhanced pedestrian and public realm. Refer to the staff report CDPA 18- 001 / 18-002 for details on the request. Amenities: The intended focal point of the master plan is "The Green", a proposed 55,383 square foot public amphitheater and open space. This space is centrally-located within the master plan and is placed as an extension of the new city hall / library building. This area is envisioned to become the gathering space for the City. The plan also proposes, "Kapok Park" a 27, 688 square foot open space at the corner of Ocean Avenue and Seacrest Boulevard, and a 6,966 square foot playground on the north side of the Children's Schoolhouse Museum. The existing 5,500 square foot plaza located on the south side of the Children's Schoolhouse Museum will remain. The final design of all open spaces will undergo a public input process and be reviewed by the City Commission for approval. Sidewalks and street trees are proposed along all right-of-ways and active areas are proposed along all main streets. The plan also identifies an extensive pedestrian circulation system throughout the site. Design: The proposed building has a contemporary design, featuring a smooth stucco finish, parapet roof with tower features, decorative cornices and banding, modulation of the facades, building score lines, stone veneers and trims, structural eyebrows, arcades, and a cool tone color palette. Lighting: The photometric plans and lighting fixtures have not been completed at this time and are required at time of building permit(see Exhibit D-Conditions of Approval). Schematic lighting plans for the rights-of-way have been submitted (Sheets E-101 & E 102) and include 53 freestanding pole light fixtures, all of which would be 20 feet in height,with the light fixture extending an additional 25 inches, and designed to match the architecture of the building. There are no spot readings in excess of the maximum 5.9 foot- candles allowed. Signage: Site and building signage has not been finalized and a Sign Program consistent with the City's sign regulations will need to be approved for the site prior to requesting any respective sign permits (see Exhibit D — Conditions of Approval). Page 786 of 940 Town Square Phase One(MSPM 18-006) Memorandum No PZ 18-054 Page 7 Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. A public art master plan has been developed and will be integrated throughout the site (see Exhibit D — Conditions of Approval). One prominent art location will be the southwest corner of "Kapok Park", to act as an entry into the Town Square development. According to the proposed construction estimates,the project would have an art budget of approximately $259,062. RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "D" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 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Revise the traffic study to be in compliance with the City's Engineer's review comments dated August 23, 2018. If the X amended traffic study results in changes to the proposed site plan, than site plan modification approvals would be required. 2. At time of site permit, provide traffic information for the entrance to X the site from Boynton Beach Blvd. 3. At time of site permit, provide traffic information for Ocean Avenue. X 4. Use standard live oaks in place of high-rise oaks where possible, X as they can create a wider canopy/shade. 5. At time of site permit, provide irrigation plans. X 6. Coordinate with the City's Forestry and Grounds Maintenance Manager, on tree protection, mitigation, plant species and their X locations. FIRE Comments: 7. No dead-end driveway can exceed 150 feet unless provided with turn-around space for fire department vehicles. Both driveways at the parking garage as well as at the northwest from Boynton X Beach Blvd. appear to exceed this length without turn-around spaces. NFPA 1: 18.2.3.4.4. 8. Parking area may be considered dead-end roads. At time of permitting, provide dimensions or dead-end roads to ensure X compliance with back-up standards. 9. There is no fire hydrant located on the north side of the Children Museum. Note that this may create a conflict with the design the X future garage. POLICE Page 801 of 940 Town Square Phase 1 (MSPM 18-006) Conditions of Approval Page 2 of 4 DEPARTMENTS I INCLUDE I REJECT Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: All previous comments addressed at DART meeting. PLANNING AND ZONING Comments: 10. At time of permitting, provide manufacturer paint chips and call out X all proposed colors and materials on proposed elevations. 11. Ensure that any proposed pole lights on the top floor of the garage centrally located with a low profile so that they will not be seen X from off premises. At time of permitting, provide a line of sight diagram depicting compliance. 12. Lighting levels on the roof of the garage exceed the code maximum allowance of 5.9 foot-candles. At time of permitting, X provide a garage photometric plan in compliance with applicable codes. 13. Photometric plans and lighting fixtures have not been completed for the site. At time of permitting, provide a photometric plan in X compliance with applicable codes. 14. Kapok Park, The Green, and Kingdoms Playground are in the process of collecting public input in order to finalize the design. X Final designs will reviewed by the City Commission for approval prior to site permit. 15. Typically garages are approved with full wrap of uses, however the residential wrap for this garage will be designed and approved within phase two of the master plan. If phase two is not constructed prior to the use of the garage, an interim design is required. Additional architectural treatment of all fagades will be X required in compliance with land development code, which may include but is not limited to green wall design, additional architectural design, use of textures and materials, and / or public art. Page 802 of 940 Town Square Phase 1 (MSPM 18-006) Conditions of Approval Page 3 of 4 DEPARTMENTS I INCLUDE I REJECT 16. At time of permitting, revise the southwest corner of the city hall / library building to have more architectural emphasis. X 17. A sign program is required prior to issuance of any sign permits. X 18. Public entrance to the chambers from parking garage is not clearly defined. At time of permitting, revise the elevations to X accommodate a well-defined public entrance. 19. At time of permitting, revise architecture of bus shelter to be compatible with the architecture of the building. X 20. At time of permitting revise the proposed wall to a trellis along western boundary of parking lot at Seacrest/SE 1 st. Ave. X 21. Ensure the visual and physical connection of Kapok Park and the proposed playground along the north side of the High School is X maintained through the final design. 22. At time of permitting, provide all setback dimensions from rights- of-ways for proposed buildings. X 23. A shared parking study will be required at phase two site plan approval in order to ensure adequate parking. X 24. FAR will be required and reviewed at time of phase two site plan submittal for compliance with the Land Development Regulations. X 25. Coordinate with the City's Public Art's Manager to implement the approved Town Square Public Art's Master plan. X COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 26. Provide two additional handicap parking spaces in the surface parking lot to the southwest of the proposed city hall/ library X building. 27. Provide Sweet Almond Bushes in place of a portion of the Firebush plants. X 28. Provide Passion Flower Vines and Balloon Vines on the proposed trellis along Seacrest Boulevard. X Page 803 of 940 Town Square Phase 1 (MSPM 18-006) Conditions of Approval Page 4 of 4 DEPARTMENTS I INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. SAP Ian ning\SHARE D\WP\PROJECTS\TOWN SQUARE\Town Square Phase 1_MSPM 18-006\Staff Report\ExhibitD_MSPM 18-006 COA-PD.doc Page 804 of 940 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Phase One (MSPM 18-006) APPLICANT: City of Boynton Beach APPLICANT'S ADDRESS: 100 E Boynton Beach Blvd, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2018 APPROVAL SOUGHT: Request for approval of a Major Site Plan Modification for the construction of phase one (1) of the Town Square Master Plan, consisting of a new city hall/ library building, a parking garage, rights-of-way improvements, and related site improvements. LOCATION OF PROPERTY: Southeast corner of South Federal Highway and Chukker Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square Phase 1_MSPM 18-006\Staff Report\MSPM18-006_DO.doc Page 805 of 940 8.F. PUBLIC HEARING 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve two (2) Town Square Phase One Community Design Plan Appeals (CDPA 18-001 & CDPA 18-002), of Chapter 4, Article 111, Section B.2.a "Building Location" for proposed setbacks, as opposed to strict compliance with the required build-to-line for the city hall/ library building on Ocean Avenue and Seacrest Boulevard. Applicant: City of Boynton Beach EXPLANATION OF REQUEST: Mr. Mark Rickards, agent for the City of Boynton Beach, is requesting approval of two (2) Community Design Plan Appeals (CDPA 18-001 & 18-002), of Chapter 4, Article 111, Section B.2.a "Building Location" and each for increased building setbacks, as opposed to strict compliance with the required build-to-line for the city hall/ library building. This request is in correlation with the Major Site Plan Modification (MSPM 18-006)for the first phase of the Town Square Master Plan. Phase one includes the construction of a 109,085 square foot city hall and library building located on the southeast corner of Ocean Avenue and Seacrest Boulevard, a 827 space parking garage located on the south side SE 1St Avenue, right-of-way improvements, and public amenities. The Planning and Development Board recommended approval of the item at the September 4, 2018 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Additional revenues received from the permit and certificate of use applications, as well as the increased valuation of the property. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 806 of 940 ATTACHMENTS: Type Description D Staff Report Staff Report (CDPA 18-001 & CDPA 18-002) D Location Map ExhibitA: Location Map D Drawings Exhibit B: CDPA Detail Plan D Letter Exhibit B: CDPA Justification Statment D Conditions of Approval Exhibit C: Conditions of Approval D Development Order Development Order Page 807 of 940 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-056 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely, Senior Planner DATE: August 16, 2018 PROJECT NAME: Town Square Phase One (CDPA 18-001 & 18-002) REQUEST: Approve two (2) Community Design Plan Appeals for the Town Square Phase One development from Chapter 4, Article III, Section B.2.a "Building Location" for proposed setbacks, as opposed to strict compliance with the required build-to-line for the city hall/library building on Ocean Avenue and Seacrest Boulevard. PROJECT DESCRIPTION Property Owner: City of Boynton Beach Applicant: City of Boynton Beach Agent: Mark Rickards, Kimley Horn &Associates, Inc. Location: The public portions of the Town Square Master Plan: bound on the west by Seacrest Blvd.; on the north by NE 1St Avenue; on the east by NE 1St Street; and on the south by SE 2nd Avenue (see Exhibit "A" - Site Location Map). Site Details: The subject site is the 8.91 acres of phase one of the Town Square development. The proposed public uses include a city hall, library, recreational green areas, and associated parking. NATURE OF REQUEST Mr. Mark Rickards, agent for the City of Boynton Beach, is requesting approval of two (2) Community Design Plan Appeals (CDPA 18-001 & 18- 002) from Chapter 4, Article III, Section B.2.a "Building Location" and each for increased building setbacks, as opposed to strict compliance with the required build-to-line for the city hall/library building on Ocean Avenue and Page 808 of 940 Town Square Phase One(CDPA 18-001&18-002) Memorandum No PZ 18-056 Page 2 Seacrest Boulevard. This request is in correlation to Major Site Plan Modification (MSPM 18-006) for the first phase of the Town Square Master Plan. Phase one includes the construction of a 109,085 square foot city hall and library building located on the southeast corner of Ocean Avenue and Seacrest Boulevard, a 827 space parking garage located on the south side SE 1St Avenue, right-of-way improvements, and public amenities. BACKGROUND The proposed master plan site area totals 15.04 acres,while the site area of phase one is 8.91 acres. The first phase of the master plan would include all of the pubilc components, such as,the city hall and library,the amphitheater / public open space, the southern garage, playground, Historic Old High School and open plaza on Seacrest Boulevard. This phase also includes the right-of-way improvements to NE 1st Avenue, Ocean Avenue, Seacrest Boulevard, and SE 1 st Avenue. As noted earlier, the applicant is requesting that SE 1St Avenue is extended westward to meet Seacrest Boulevard and complete the grid block pattern. Two new buildings are included in this phase, the first is a 109,085 square foot city hall/library which is located on the southeast corner Seacrest Blouvard and Ocean Avenue. The second is one of two garages proposed in the master plan. The 827 parking space garage is proposed on the south side of SE 1 St Avenue. ANALYSIS The MU-3 zoning district requires no building setbacks, but rather a zero (0) foot build-to line. However,the building setbacks may be increased up to 15 feet administratively,without benefit of a Community Design Plan Appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas,fountains, or outdoor seating areas;2)optimize landscape design;3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street.The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Seacrest Boulevard,the proposed building setback ranges from 35'-4" to 82'-10" (CDPA 18-001/ Refer to Exhibit B). The enlarged setback accommodates space for a surface parking lot, which will serve the commission chambers. In order to mitigate any negative impacts of the enlarged setback, an enhanced streetscape is proposed along that portion of Seacrest Boulevard. The proposal includes an eight (8) foot wide paver sidewalk, street trees, a trellis, and decorative bus stop. Along Ocean Avenue, the proposed building setback ranges from 12'-1" to 49'-1" (CDPA 18-002 / Refer to Exhibit B). The enlarged setback accommodates a vehicular drop-off area at the main entrance of city hall. In order to mitigate any negative impacts of the enlarged set back,an enhanced pedestrian area proposed along Ocean Avenue including curb-less paver rights-of-way with patterns on the drop off area that are designed as an extension of the pedestrian plaza. Since both appeal requests are the result of the provision of additional/enhanced pedestrian and public amenities, staff is in support of each. Page 809 of 940 Town Square Phase One(CDPA 18-001&18-002) Memorandum No PZ 18-056 Page 3 RECOMMENDATION Staff has reviewed this request for two (2) Community Design Plan Appeals and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\CDPA 18-001 18-002\Staff Report\Staff Report-CDPA 18-001 18-002.doc Page 810 of 940 EXHIBIT A LOCATION MAP , S � u W Boynton Beach Blvd „t � � E_BoyntonBeac_h Blvd_ 1 ���_'� - ,� a , a t` to Nwgt Ave_ e TOWN SQUARE MASTER PLAN SW 1st°Ave n r W N s sSW 2nd'Ave SE 2nd Ave ,. N N ti m - SE 3rd Ave ` Page 811 of 940 EXHIBIT B s 1 m E-1s� 1 m N 2 E 7�7 i:���� 487.W,"A\ 1 --- I 1 1RACT a I 1 LJ sf�, I o. : o si- o I 1 51 si 3RCA 6 I I 1 BLDG 3 City Hall/Library 109,085 SF Z 1 - PARcEO s. RV1.1ST AMJ I ' +-- �— — -- ------------- — — --------------- -------- — — 1 si si si si Kimley)))Horn August 23, 2018. (revised) Amanda Bassiely Senior Planner— Urban Designer City of Boynton Beach Planning & Zoning Division 100 East Boynton Beach Boulevard Boynton Beach Florida 33435 RE: City of Boynton Beach Town Square Phase One Justification Statement Clear Amanda; Proposed is the first phase of the Town Square project, implementing the master plan approved in February of 2018 (LUAR 17-005) as a public and private redevelopment of the city-owned 15.04 acre set of parcels. The approved Master Plan (attached) illustrates an intention to phase the redevelopment and this application represents the initial phase which include the city hall, library, and accompanying parking garage. Open Space/Public Park components are currently receiving input from the community, and final design documents will be submitted once that input from the public and City Staff is collated and assimilated. There are three governing documents that should be discussed in reference to the proposed project. The Boynton Beach Community Redevelopment Agency(CRA) Master Plan, and two separate overlay districts The Boynton Beach Boulevard Overlay and the Cultural district Overlay Zone. The Boynton Beach Boulevard Overlay Zone is bounded on the south by NE 1 sr Avenue and addresses the immediate frontage properties adjacent to Boynton Beach Boulevard. In terms of the Town Square project that limits discussion with this project to the pedestrian hardscape proposed along the project frontages, as the hotel, parking garage and residential buildings will be submitted separately as part of the private development/later phase. The attached proposed street section illustrates compliance with the pedestrian zone requirements of this overlay district. ®, 0 ',i • ® i d .. m � ., -+sae, a e • � a Page 813 of 940 Kimley*Horn Page 2 The Cultural District Overlay (proposed ordinance 17-015) has received first reading approval by the City Commission but has not proceeded to 2nd reading and adoption at the time of this application. Nevertheless, it is important to reference the proposed code language as part of the project narrative. The following are key regulation elements of the overlay district in context of the proposed plan: • The intent of the Cultural District Overlay (CDO) is to 'provide for a mix of selected commercial, residential, office, and entertainment uses and activities with an emphasis on arts and cultural ventures that will encourage the adaptive re-use of existing buildings, restoration of historic structures, and maintain and further enhance the pedestrian scale and historic character of the area.' The submitted first phase of the project incorporates the existing historic high school building, currently under renovation, as well as the children's museum, and seeks to integrate a new city hall/library building into that framework, stitched together with a strong emphasis on pedestrian enhancements and orientation. Proposed language for the CDO also includes a purpose to `stimulate greater awareness of and pride in the City's architectural, historical, and cultural heritage.' Which is demonstrated in the planned open space and strong connections between existing structures to remain such as the children's museum and historic high school (with a renovation under way which will allow this important landmark to find new purpose as additional space for City Services. The streetscape design, discussed in greater detail below, directly strengthens the pedestrian oriented synergy between the civic uses, open space, and planned private development which will include a hotel, ground floor commercial uses, and residential buildings currently under design, to be submitted under a separate review process. • Both the Master Plan and Phase One areas exceed the minimum lot area of 10,000 SF, and minimum frontage requirement of 100 feet. • Pedestrian Zone:. An integral part of the CDO regulations is the treatment of the pedestrian environment, beginning at the curb, and moving inward to provide clear walking widths of at least eight feet. The attached site plan set provides hardscape plans (L1 sheet series) as well as Landscape Plans with road/sidewalk sections (L2 sheet series) • Build To Line (Sear-rest)- In general, the build-to line is to abut the pedestrian zone and active area, it should be noted that along Seacrest Avenue, the City Hall building has provided a screening wall to maintain the impression of that parallel build-to line along this project frontage, as experienced at the pedestrian level, despite the pragmatic needs for service and delivery areas at the 'back of house' rear of the building. For this reason, a community design appeal application is provided requesting relief from the strictest interpretation of this portion of the code. • Build To Line (Ocean): The build to line along ocean for the City Hall is med for a portion of the project, but fades back from Ocean due to the entry feature and public drop off semicircle. A community design appeal is provided for this project frontage as well. Page 814 of 940 Kimley))) Horn Page 3 • Parking: Phase one as proposed includes a City Hall/Library Building which is 109,085 SF in size, parked at one space per 300 SF (364 spaces required) and includes the existing Children's Museum, which is 8,288 SF in size, parked at one space per 300 SF (28 spaces) and the historic High School Building, to be utilized as an event center, as well as City Services when not in use for events. The greater of the two uses was included in the Master Plan approval, parked at one space per 4 seats (500 seats maximum)for a parking demand of 125 spaces. That is a total parking demand of 517 spaces. The southern parking garage will have more than enough spaces to accommodate this demand, but there are also surface parking spaces proposed which are convenient and in proximity to the park and city hall building. Pursuant to the criteria found in Article II, Section 2.F (site plan review criteria) site plan applications must meet or exceed the following criteria: a) Compliance with the requirements of the respective zoning district: The proposed phase one site plan includes the overall streetscape treatment for the Town Square Master Plan area, together with the first phase of civic uses, in compliance with the intent of the Cultural District Overlay and requirements of the zoning district as discussed above. A Community Design Appeal is requested for the `build to' line along Seacrest and along Ocean in recognition of the unique character of the City Hall/Library Building. b) Compliance with Site Development Standards: The attached site plan is in compliance with the approved Master Plan and site development standards as described in the Cultural District Overlay proposed ordinance which has received first reading approval at the time of this application. c) Compliance with best development practices/sustainability: This project is utilizing the Green Globes for New Construction (Green Globes for NC). Ongoing meetings with the development team are implementing the design criteria needed for certification, which is achieved utilizing "weighted criteria in its recognized assessment protocol, comprehensively assessing building environmental impacts on a 1,000-point scale in seven categories. Each of these categories has an assigned number of points that quantify overall building performance—including a comprehensive approach to Energy Performance, and a practical and objective method for Life-Cycle Assessment." d) Compliance with other policies and standards: The Town Square Master Plan, and implementing site plan phases have been the subject of ongoing coordination meetings with city staff, general contractors and design professionals who are making every effort to provide the highest quality project in an expedited timeframe. Of relative note is that the open space/park facilities, at the time of this application are still undergoing final programming and may receive additional final design information in the coming months. OEM M= mom Page 815 of 940 Kimley)))Horn Page 4 Proposed is a public services building, to house the functions of City Hall and Community Library which has frontage on Seacrest Boulevard and Ocean Avenue which does not fully comply with `Modified Building/Site Regulations" found in the overlay zone property development regulations which provide for 75% of the building to placed adjacent to the pedestrian zone (the pedestrian zone being measured from the back of curb, including street trees, 8' clear sidewalk, and an active area which is at least 8' in width). Along both frontages there are portions of the building which do not comply with this 'build to' line, as shown on the attached site development plans, but it is important to outline the proposed condition along each frontage: On Ocean Blvd the setback of the City Hall/Library at the westernmost corner is 12'1" from the property line, or approximately 20' from the back of curb, but includes a generous sweep to the south when the building edge moves East from that point. This is to accommodate a drop off area, the building edge moving to 49' 1" at the NE corner. Along Seacrest Boulevard, the building is placed at 33' 9" from the property line, or approximately 43' from the back of curb, at the NW corner, moving to 82' 10" from property line, or approximately 92' from the back of curb for Seacreast. This is to accommodate a back of house parking area for service and dedicated parking, and a trellis feature is proposed to help mute this building step back. For these reasons, a Community Design Appeal is being made, pursuant to Article 11 Section 4 (Relief Application) Paragraph B, which states that a Community Design Appeal must demonstrate compliance with the following standards: a) Consistency with the Comprehensive Plan. As state above, the use and orientation is consistent with the Comprehensive Plan designation of Mixed Use Medium (MXM), the first phase including public parks, and a city hall1library building, together with the first of two planned parking garages. The Mixed Use Medium district is designated for areas east of 1-95, and the proposed development does not exceed the maximum density and FAR listed in the Future Land Use Element of the Comprehensive Plan (50 du/ac and 3.0 FAR respectively). Additionally; the ranges of uses within the MXM district are desired to be between 10 and 30 percent non-residential, with the remainder being residential uses, Phase two is largely residential and hotel uses, and the proposed city hall/library building is not out of proportion as expressed in the future land use criteria. - MEM Page 816 of 940 r rumley)))Horn 'age 5 b) Livability and Appearance: the proposed orientation buildings will maximize the public building's orientation toward open/public space and Ocean Avenue, which is desired as the focal point of community life Providing for service in a way which limits visibility from the important Ocean Avenue corridor was considered efficient, and providing for a public drop off which doubles as a geographical forced perspective, opening the building to both Ocean and the public open space to the east and North as well as the historic high school on the northeast side of the street, and this was considered advantageous to the functionality and civic branding of this building. c) Consistency with the purpose of the standard: In general the build-to line is provided to maximize a consistent building `edge' along a pedestrian oriented streetscape, and the inclusion of a trellis feature along Seacrest provides for this unbroken 'edge' which allowing for service and delivery to the City Hall Building. Likewise, the building edge along Ocean also shares the space with public open space/park features which should be emphasized, acknowledged, and incorporated into the design of the public building. d) Intention to preserve existing trees or flora: Note the trees to be preserved, shown on the development plan, which include the Kapok tree, and several others where possible and appropriate. The landscape plan provides for the protection of these trees during construction. e) Adverse environmental impacts that cannot be prevented by the imposition of conditions: The proposed building placement does not create additional environmental impacts, the orientation of the building relative to Seacrest represents a solution to the back-of-house challenges while prioritizing the view eastward toward the public open space/park areas. f) Adverse impact on property values of abutting or adjacent land. The faade facing Seacrest, which includes the trellis element, together with the fagade facing Ocean Avenue will have a positive, instead of adverse, impact on property values for adjacent and abutting land. g) Reduction of quality or quantity of light and air available to adjacent properties: While there may be some shadowing creates on the west side of the proposed City Hall/Library Building, this shadowing would affect the public right of way, instead of adjacent properties, moreover, shade is a welcome component of the public sidewalk area, conducive to more use during summer months. h) Necessary to further the objectives of the City to assist with economic development and business promotion: The overall Town Square project will assist with the economic development and business promotion of a center civic core, the heart of Boynton Beach, and will positively impact business promotion within the downtown area. Page 817 of 940 KimlepMorn Page 6 i) Meets the purpose and intent of these regulations but conflicts with another side development standard or requirement including sustainable development and green initiatives; The proposed relief for the City Hall/Library building represents the prioritization of East and Northeast orientation toward the planned recreational open space, but does not conflict with other standards or sustainability objectives. Thank you for the review and consideration of this application. Please feel free to reach out with questions or concerns I can be reached via email at mark.rickardsa,�kimley- horn.corn or by phone at (581) 404-7244. - - Best Regards; Marr Rickards, AICP ,Attachments Page 818 of 940 EXHIBIT "C" Conditions of Approval Project Name: Town Square Phase 1 File number: CDPA 18-001 & CDPA 18-002 Reference: 31d review of plans identified as a Maior Site Plan Modification with an August 7, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. FIRE Comments: POLICE Comments: None. BUILDING Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. At time of permitting, revise the southwest corner of the city hall / library building to have more architectural emphasis. X 2. At time of permitting, revise architecture of bus shelter to be compatible with the architecture of the building. X 3. At time of permitting revise the proposed wall to a trellis along western boundary of parking lot at Seacrest/SE 1 st. Ave. X 4. At time of permitting, provide all setback dimensions from rights- of-ways for proposed buildings. X COMMUNITY REDEVELOPMENT AGENCY Comments: None Page 819 of 940 Town Square Phase 1 (CDPA 18-001 & 18-002) Conditions of Approval Page 2 of 2 DEPARTMENTS I INCLUDE I REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. SAP Ian ning\SHARE D\WP\PROJECTS\TOWN SQUARE\CDPA 18-001 18-002\Staff Report\ExhibitC_CDPA 18-001 18-002 COA-PD.doc Page 820 of 940 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Phase One (CDPA 18-001 & 18-002) APPLICANT: City of Boynton Beach APPLICANT'S ADDRESS: 100 E Boynton Beach Blvd, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2018 APPROVAL SOUGHT: Request for approval of two (2) Community Design Plan Appeals for the Town Square Phase One (MSPM 18-006) development from Chapter 4, Article III, Section B.2.a "Building Location" for proposed setbacks, as opposed to strict compliance with the required build-to-line for the city hall/ library building on Ocean Avenue and Seacrest Boulevard. LOCATION OF PROPERTY: Southeast corner of South Federal Highway and Chukker Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\CDPA 18-001 18-002\Staff Report\CDPA 18-001 18-002_DO.doc Page 821 of 940 8.G. PUBLIC HEARING 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-023 - SECOND READING -Approve NE 1st Avenue Abandonment (ABAN 18-003) abandoning the improved 45 foot wide right-of-way running east/west from NE 1St Street, for a distance of approximately 588.02'feet, to Seacrest Boulevard. Applicant: City of Boynton Beach EXPLANATION OF REQUEST: Request for abandonment of the improved 45 foot wide right-of-way running east/west from NE 1St Street, for a distance of approximately 588.02'feet, to Seacrest Boulevard (ABAN 18-003). See accompanying staff report and attachments for additional explanation of this Town Square-related application. Applicant: City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The abandonment of NE 1 Avenue will allow ultimate development of such property and a portion of said property to be added to the tax roll. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 822 of 940 ATTACHMENTS: Type Description D Ordinance Ordinance D Staff Report Staff Report (ABAN 18-003) D Location Map Exhibit A- Location Map D Drawings Legal, Survey, & Criteria D Letter Applicant Responce to Crieria D Conditions of Approval Exhibit C - Conditions of Approval Page 823 of 940 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ABANDONMENT OF A 5 PORTION OF NORTHEAST 1sT AVENUE, MORE 6 PARTICULARLY DESCRIBED HEREIN, SUBJECT TO 7 STAFF COMMENTS; AUTHORIZING THE CITY MANAGER 8 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 9 RECORDED WITH THIS ORDINANCE IN THE PUBLIC 10 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City of Boynton Beach as Applicant, is requesting to abandon a 15 45-foot wide strip of land lying within a portion of NE 1st Avenue, subject to staff 16 comments; and 17 18 WHEREAS,comments have been solicited from the appropriate City Departments, 19 and public hearings have been held before the City's Planning & Development Board, and 20 the City Commission on the proposed abandonments; and 21 22 WHEREAS, staff has determined that the subject 45-foot wide strip of land lying 23 within a portion of NE 1st Avenue requested to be abandoned does not adversely impact 24 traffic, or affect other adjacent property owners and therefore no longer serves a public 25 purpose, and the City Commission adopts that finding. 26 27 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 Section 1. The foregoing Whereas clauses are true and correct and incorporated 31 herein by this reference. 32 33 Section 2. The City Commission of the City of Boynton Beach, Florida, does 34 hereby abandon a 45-foot wide strip of land lying within a portion of NE 1st Avenue, subj ect 35 to staff comments. The property being abandoned is more particularly described as follows: 36 37 A 45.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF NE 1 ST AVENUE 38 (FORMERLY KNOWN AS POINCIANA STREET) AS SHOWN ON THE PLAT OF 39 BOYNTON CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 40 BOOK 8, PAGE 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 41 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 42 BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF SAID PLAT OF BOYNTON 43 CENTER; THENCE SOUTH 01022'45" EAST (AS A BASIS OF BEARINGS) ALONG THE 44 SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF 45.01 45 FEET TO A POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF NE 1ST AVENUE 46 (FORMERLY KNOWN AS POINCIANA STREET), SAID SOUTH LINE ALSO BEING THE 47 NORTH LINE OF LOTS 1 THOUGH 6,BLOCK 14 OF THE PLAT OF SAWYER'S ADDITION, 48 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 69 OF 49 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352.1.Boynton_Downtown_(N E_1 st_Ave)__Abandonment__Ord finance.docx Page 824 of 940 50 89°44'11" WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 586.97 51 FEET TO A POINT BEING ON THE EAST RIGHT OF WAY LINE OF SEACREST 52 BOULEVARD(FORMERLY KNOWN AS GREEN STREET),ACCORDING TO ROAD PLAT 53 BOOK 5,PAGE 179 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA; 54 THENCE NORTH 02043'09" WEST, A DISTANCE OF 45.04 FEET TO A POINT BEING ON 55 THE NORTH RIGHT OF WAY LINE OF NE IST STREET (FORMERLY KNOWN AS 56 POINCIANA STREET), SAID NORTH LINE ALSO BEING THE SOUTH LINE OF LOTS 2 57 AND 16 THOUGH 25, ACCORDING TO SAID PLAT OF BOYNTON CENTER; THENCE 58 NORTH 89°44'11" EAST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 59 588.02 FEET TO THE POINT OF BEGINNING. 60 SAID LANDS SITUATE,LYING AND BEING SECTION 28,TOWNSHIP 45 SOUTH,RANGE 61 43 EAST, CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. 62 CONTAINING 26,437 SQUARE FEET MORE OR LESS. 63 64 Section 3. The City Manager is hereby authorized and directed to execute the 65 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 66 Records of Palm Beach County, Florida. 67 68 Section 4. This Ordinance shall take effect immediately upon passage. 69 70 FIRST READING this day of , 2018. 71 72 SECOND, FINAL READING AND PASSAGE this day of 73 , 2018. 74 75 CITY OF BOYNTON BEACH, FLORIDA 76 YES NO 77 78 Mayor— Steven B. Grant 79 80 Vice Mayor— Christina L. Romelus 81 82 Commissioner—Mack McCray 83 84 Commissioner—Justin Katz 85 86 Commissioner—Joe Casello 87 88 89 VOTE 90 ATTEST: 91 92 93 Judith A. Pyle, CMC 94 City Clerk 95 96 (Corporate Seal) 97 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352.1.Boynton_Downtown_(N E_1 st_Ave)__Abandonment__Ord finance.docx Page 825 of 940 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach,Florida, does hereby abandon a 45-foot wide strip of land lying within a portion of NE 1st Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: A 45.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF NE 1 ST AVENUE(FORMERLY KNOWN AS POINCIANA STREET) AS SHOWN ON THE PLAT OF BOYNTON CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8,PAGE 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF SAID PLAT OF BOYNTON CENTER; THENCE SOUTH 01022'45" EAST (AS A BASIS OF BEARINGS) ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF 45.01 FEET TO A POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF NE 1 ST AVENUE(FORMERLY KNOWN AS POINCIANA STREET), SAID SOUTH LINE ALSO BEING THE NORTH LINE OF LOTS 1 THOUGH 6,BLOCK 14 OF THE PLAT OF SAWYER'S ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°44'11" WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 586.97 FEET TO A POINT BEING ON THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD (FORMERLY KNOWN AS GREEN STREET), ACCORDING TO ROAD PLAT BOOK 5,PAGE 179 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA; THENCE NORTH 02043'09" WEST, A DISTANCE OF 45.04 FEET TO A POINT BEING ON THE THE NORTH RIGHT OF WAY LINE OF NE 1ST STREET (FORMERLY KNOWN AS POINCIANA STREET), SAID NORTH LINE ALSO BEING THE SOUTH LINE OF LOTS 2 AND 16 THOUGH 25, ACCORDING TO SAID PLAT OF BOYNTON CENTER; THENCE NORTH 89°44'11" EAST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 588.02 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE,LYING AND BEING SECTION 28,TOWNSHIP 45 SOUTH,RANGE 43 EAST, CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. CONTAINING 26,437 SQUARE FEET MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2018. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Judith A. Pyle, CMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352A.Boynton_Downtown_(NE_1st_Ave)= Abandonment - Ordinance.docx Page 826 of 940 Judith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton Beach,Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2018. NOTARY PUBLIC, State of Florida My Commission Expires: CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352A.Boynton_Downtown_(NE_1st_Ave)= Abandonment - Ordinance.docx Page 827 of 940 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-071 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Development Director DATE: September 7, 2018 SUBJECT: Request for abandonment of the improved 45 foot wide right-of-way running east/west from NE 1 st Street,for a distance of approximately 588.02'feet,to Seacrest Boulevard (ABAN 18-003). Applicant: City of Boynton Beach. BACKGROUND The City of Boynton Beach is requesting to abandon (ABAN 18-003) the improved 45-foot wide right-of-way extending east/west from NE 1 st Avenue,for a distance of approximately 588.02 feet, to Seacrest Boulevard (see Exhibit"A"—Location Map). The City is requesting the abandonment in preparation to implement the Town Square Master Plan (LUAR 17-005). For greater detail of the abandonment request, please refer to Exhibit "B"— Legal Description & Sketch. The abandoned land will be transferred in equal portions to the abutting property owner(s)per State Statute. In this case, the City owns the properties on either side of the abandonment area so the property will be conveyed to the City until such time that the land is platted,conveyed and developed for further implementation of the Town Square Master Plan. The following is a description of the zoning districts and land uses of the properties that surround the subject alley abandonment request: North: Portion of the approved Town Square Master Plan with a Land Use classification of Mixed Use Medium and a zoning designation of MU-3(Mixed Use 3); South: Portion of the approved Town Square Master Plan with a Land Use classification of Mixed Use Medium and a zoning designation of MU-3(Mixed Use 3); East: Right-of-way for NE 1St Street, then farther east developed multifamily with a Land Use classification of Medium Density Residential (MDR) and a zoning designation of R-3 (Multi family) West: Right-of-way for Seacrest Boulevard, then farther west a developed church and multi family with a Land Use classification of Medium Density Residential (MDR) and a zoning designation of R-3 (Multi family) Page 828 of 940 Page 2 Memorandum No. PZ 18-071 ABAN 18-003 ANALYSIS Owners of properties within 400 feet of the subject site will be mailed a notice of this request and signs posted for the Board hearing and the second reading of the corresponding ordinance and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection, with the provision of the necessary easements for the existing or future utilities. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. If easements and relocation of utilities are necessary they will be at the developer's cost. AT&T No response received as of the date of this report. If easements and relocation of utilities are necessary they will be at the developer's cost. Florida Public Utilities No response received as of the date of this report. Comcast No response received as of the date of this report. Crown Castle Fiber No response received as of the date of this report. Fibernet Direct: No response received as of the date of this report. Level 3 No response received as of the date of this report. Sprint No response received as of the date of this report. Hotwire No response received as of the date of this report. Strome Networks No response received as of the date of this report. Windstream No response received as of the date of this report. PBC Traffic Engineering No response received as of the date of this report. RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above- analysis, staff has determined that the subject alley no longer serves a public purpose other than retention of a utility easement to service City utilities, AT&T and FPL facilities, if warranted and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit"C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 18-002(Arden Park)WBAN 18-002\Staff Report.doc Page 829 of 940 EXHIBIT wwAww BOYNTON BEACH BLVD NE 1ST AVENUE OCEAN AVENUE THIS SITE > Ld Ld < M 0 V) < V) ir Ld < Uj Ld Ld V) z LL- WOOLBRIGHTROAD LOCATION MAP NOT TO SCALE Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION Land Surveyors * Mappers For: THE CITY OF BOYNTON BEACH 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: N/A DATE: 08/29/18 SSI :2 OF 5 age of 940 EXHIBIT " B" NE 1St Avenue Abandonment Request Application Supplement— Responses to Review Criteria 3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? Response -- No interruption of access will take place as the abandoned portion of B 1st Ave. right--of--way is to be replaced with a platted access right--of--way to be recorded immediately after recording the proposed abandonment. Physical access will be maintained during that recording process and thereafter by construction of Boynton Town Center. b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? Response -- The to be abandoned portion of N B 1 s� Ave right--of--way contains utilities, but no interruption of service will occur. The abandoned right--of--way will be replaced immediately after recording the to be recorded plat which provides additional easements for utilities. Additionally, no physical interruption of utilities will occur prior to utilities replacement. c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? Response -- No, this abandonment will not result in drainage or wastewater service. d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? Response -- No, the abandonment of this portion of N B 1 st Ave right--of--way will not compromise conservation or preservation of flora or fauna. Page 834 of 940 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: NE 1St Avenue (Town Square) File number: ABAN 18-003 Reference: 1St review plans identified as an Abandonment with a September 7, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance of X a building permit. COMMUNITY REDEVELOPMENT AGENCY Comments: None. Page 835 of 940 CRA Abandonment—Arden Park (ABAN 18-002) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\NE 1 st Avenue ABAN 18-003\ABAN 18-003 COA.docx Page 836 of 940 11.A. NEW BUSINESS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve the request of Mayor Steven B. Grant to distribute $200 of his Community Support Funds to Healthy Aquatics Marine, a non-profit organization. EXPLANATION OF REQUEST: Healthy Aquatics Marine Institute is not-for-profit marine science education center and aquarium located in Boynton Beach, Florida. The Institute started with a goal to enhance the public's understanding of the value and importance of our marine environment through education, research, and personal experiences. Students, aquarists, and the general public can learn firsthand from staff scientists and aquatic veterinarians about the diversity of the oceans and their enhabitants to become future stewards of our oceans. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Budgeted Funds were included in approved FY 2017/18 Commission budget under account 001-1110-511-95-47, $2,000 per member. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Cather Community Support Funds Page 837 of 940 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUESTFORM Part I-Summary of Request(to be I ated by City Clerk Date of Request Requested by �L�MaYr i f r; UMarfteven activityAmount Requested:Description of project,program, or n AvailabilityPart 11- annualThe appropriation of funds available of the COMMISSIOn A mv. , ° requestinMember The belanpe of Wds available for ft requesting Member of the Commission Accomingir. .p,,—There funds available Thefe are insulfident funds available publicClark Public funds , Il not be used i r purpose and benefit ❑ The reciplardoeyee provides services within P The public purpose is beneficiall to the entke commundy served by such donation Dated: By: Requesting Member of Me Ej�'CommjWmm Page 838 of 940 11.B. NEW BUSINESS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve the request of Mayor Steven B. Grant to distribute $200 of his Community Support Funds to S. Florida Sanctuary, Inc., a non-profit organization. EXPLANATION OF REQUEST: Reaching out in a loving and compassionate way, with dignity and respect, to those in our community, who due to their life's circumstances and trials and tribulations, whether homeless or not, need emergency assistance. We will provide sustenance, a temporary and secure personal space, clothes and other goods, and help connecting with private and governmental organizations for more advanced care and assistance. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Budgeted Funds were included in approved FY 2017/18 Commission budget under account 001-1110-511-95-47, $2,000 per member. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Cather Community Support Funds Request Page 839 of 940 EXHIBIT "Alt COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: m Amount Requested: _ -. Description of project, r activity to be funded: Part l -Availability The annual appropriation of funds available to the requesting Member of the Commission listed above isw The balance of funds available for the requesting Member of the Commission is 2., p Accordingly: El—There ar funs available as requested ❑ There are insufficient funds available as requested Dated: v : —cityIr III-Eligibility EvaI i o,- Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit in" The recipient/payee provides services within the City The public purpose is beneficial to the en 'r uni by such donation Dated: By: ......................................................... RE4uesting Member of theiCommission S'\CC\WP\COM M UNITY INVESTMENT FUNDS\Community_5upport_Funs_Policy.2015.doc Page 840 of 940 I f I III roll ITTI 11rim- 4 it 11.C. NEW BUSINESS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Justin Katz to distribute $2,000 of his Community Support Funds to Florida Youth Rugby Union a non-profit organization. EXPLANATION OF REQUEST: Florida Rugby is the home of all Rugby in Florida. Florida Rugby is a partnership between Florida Rugby Union and Florida Youth Rugby Union. It acts as the administrative and communication platform for both Unions. Mission to expand athletic and academic opportunity through the sport of ruby in a fun, healthy, character-building system that focuses on established core values. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Budgeted Funds were included in approved FY 2017/18 Commission budget under account 001-1110-511-95-47, $2,000 per member. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Community Support Funds Request Page 842 of 940 RIS-055 EXHIBIT "Aly COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 911111119 Requested by Mayor/Commissioner: 6V*xf1fs4 A'e z Amount Requested: $_ Recipient/Payee: &ONOW W&W R969Y Description of project, program, or activity to be funde�7- Part 11 -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ '2,z T,0 . The balanW of funds available for the requesting Member of the Commission is $ Accordingly: o""There are funds available as requested El There are insufficient funds available as requested Dated:_44�L_ By: Pty Clerk Part III-Eligibility Evaluation El-'_Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City EK'The public purpose is beneficial to the entire community served by such donation Dated: q By: 7- Requesting Member oft City Commission S.'\CC\WP\COMMUNrrY INVESTMENT FUN DS\Comm unity_$upport-Funs�-Policy.2015.doc Page 843 of 940 M 0 M ission To expand athletic and academic opportunity through the sport of rugby, in a fun, healthy, character-building system that focuses on established core values. Nonwprofft Boynton Beach Rugby Inc. is a 100% volunteer driven non-profit organization, with free player participation for maximum economic inclusion. Page 844 of 940 12.A. LEGAL 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 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 FROM SEPTEMBER 11, 2018). EXPLANATION OF REQUEST: This item was originally included within Ordinance 18-005, regarding telecommunications in Public Rights-of- Way and initially heard and approved on April 3rd. These amendments were removed from Ordinance 18-005 prior to adoption for further review and processing under a separate ordinance. The Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations applicable to communications facilities in the public rights-of-way. The City Commission adopted Ordinance 18-005 on May 1, 2018 which amended the Code of Ordinances, Part 11 Chapter 25.1 Communications Facilities in Rights-of-Way, to implement the new regulations of the Act. Further amendments are necessary to Part I I I of the Land Development Regulations to avoid any conflict with the amendments in Ordinance 18-005 and to ensure consistency with Federal and State requirements. The proposed changes are intended to provide specific provisions for short wave radio communication systems pursuant to Federal Communications Commission's (FCC) PRB-1, the Amateur Radio Memorandum Opinion & Order. The Order prohibits local regulations from precluding amateur service communications; requires local governments to reasonably accommodate such communications; and limits local regulation systems to those that constitute the minimum practicable regulations to accomplish the state or local authority's legitimate purpose. The proposed amendments include changes to Section 12 of Chapter 3 to insert provisions for amateur radio towers and antennas. A summary of the proposed amendments are as follows: Section 12 -Amateur Radio and Television Antennas • Update code terminology consistent with the industry; • AIIowAmateur Radio/CB antennas as accessory only in conjunction with a single family use; • Simplify / clarify height standards for Citizens Band and TV towers by including only one standard for both freestanding and mounted towers • Establishing height standards for amateur radio systems including a maximum height of 60 feet (limited to periods of active use), and setting a maximum tower and antenna height when retracted (maximum of 15 feet higher than the roof peak); • Insert provisions for reasonable accommodation for HAM tower applications that fail to satisfy the development standards, in compliance with FCC requirements; • Maintaining setbacks for amateur radio/CB antenna support structures consistent with the structure setbacks in the zoning district, and establish a minimum setback from easements of 10 feet; and, • Exempt TV satellite dishes 40 inches or less in diameter from the location, height, setbacks, and screening requirements applicable to the single-family residential districts. The Planning & Development Board reviewed this item at their meeting on March 27th and forwarded it with a recommendation for approval. Page 845 of 940 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 Revised Ordinance on Second Reading D Exhibit Exhibit A D Staff Report Staff Report Page 846 of 940 I ORDINANCE NO. 18- 2 3 4 5 6 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 7 AMENDING PART HI. "LAND DEVELOPMENT REGULATIONS," 8 CHAPTER 3, "ZONING," ARTICLE V. "SUPPLEMENTAL 9 REGULATIONS," SECTION 12, "SATELLITE EARTH STATIONS 10 AND ANTENNAS" OF THE CITY OF BOYNTON BEACH CODE OF 11 ORDINANCES; TO PROVIDE FOR THE RENAMING OF THE 12 SECTION TO BE "AMATEUR RADIO AND TELEVISION 13 ANTENNAS"; TO PROVIDE FOR REVISIONS RELATED TO THE 14 REGULATIONS RELATED TO THE PLACEMENT OF AMATEUR 15 RADIO AND TELEVISION ANTENNAS; PROVIDING FOR CITY 16 COMMISSION AUTHORITY, CODIFICATION, SEVERABILITY, 17 CONFLICTS,AND AN EFFECTIVE DATE. 18 19 WHEREAS, the Florida Supreme Court held unanimously in City of Hollywood v. 20 Mulligan, 934 So.2d 1238, 1243 (Fla. 2006), that Article VIII, section 2(b) of the Florida 21 Constitution and the Home Rule Powers Act, Florida Statutes § 166.021(3)(c), grant 22 municipalities "broad authority to enact ordinances under its municipal home rule powers" and 23 that "[u]nder its broad home rule powers, a municipality may legislate concurrently with the 24 Legislature on any subject which has not been expressly preempted to the State"; and 25 26 WHEREAS,the City of Boynton Beach has a substantial and significant public interest 27 in regulating the siting of amateur radio and television antennas to promote the public health, 28 safety, aesthetics, and general welfare; and 29 30 WHEREAS, the City of Boynton Beach has a substantial and significant public 31 interest in protecting residential areas and land uses from potential adverse impacts of amateur 32 radio and television antennas; and 33 34 WHEREAS, such public interest extends to protecting, preserving and maintaining the 35 health, safety and welfare of the residents while also protecting,preserving and maintaining the 36 aesthetic character of areas where the residents reside and do business; and 37 38 WHEREAS,the City of Boynton Beach desires to avoid potential detrimental impacts 39 to adjacent properties from antennas through engineering and careful siting; and 40 41 WHEREAS, the City finds that this Ordinance will advance the public health, safety, 42 and welfare, and help to preserve the unique and extraordinary aesthetic qualities of the City, 43 all within the bounds of the Act and other state and federal laws governing communications 44 facilities. 45 t00228966.2 306-9001821} Page 847 of 940 46 NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE 47 CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 48 49 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as 50 being true and correct and are hereby made a part of this Ordinance. 51 52 SECTION 2. Amendment of City Code. Part HI, "Land Development Regulations," 53 Chapter 3, "Zoning," Article V, "Supplemental Regulations," Section 12, "Satellite Earth 54 Stations and Antennas" of the City of Boynton Beach Code of Ordinances be, and the same are 55 hereby amended as provided in Exhibit "A", which is attached to this Ordinance, and hereby 56 incorporated by reference (words that are stricken out are deletions; words that are underlined 57 are additions). 58 59 SECTION 3. Codification and Reservation of Rights. This Ordinance shall be 60 incorporated into the Boynton Beach City Code. Any section, paragraph number, letter and/or 61 any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, 62 typographical and similar or like errors may be corrected, and additions, alterations, and 63 omissions not affecting the construction or meaning of this ordinance and the City Code may 64 be freely made. Adoption and codification of this ordinance does not waive the city's right to 65 contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness 66 of the Act or any part thereof and the city hereby reserves the right to contest and otherwise 67 challenge the Act. 68 69 SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word 70 or provision of this ordinance is for any reason held invalid or unconstitutional by any court of 71 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 72 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 73 the validity of the remaining portions of this ordinance. 74 75 SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance 76 and any other ordinance or provision of law,this Ordinance controls to the extent of the conflict, 77 as allowable under the law. 78 79 SECTION 6.Effective date. This Ordinance shall become effective immediately upon 80 adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all 81 existing and future applications for permits. 82 83 84 85 86 87 88 89 90 91 92 (00228966.2 306-9001821) -2- Page 2- Page 848 of 940 93 FIRST READING this day of 2018. 94 95 SECOND, FINAL READING AND PASSAGE this day of 96 2018. 97 98 CITY OF BOYNTON BEACH, FLORIDA 99 100 YES NO 101 102 Mayor— Steven B. Grant 103 104 Vice Mayor— Christina L. Romelus 105 106 Commissioner—Mack McCray 107 108 Commissioner—Justin Katz 109 110 Commissioner—Joe Casello 111 112 113 VOTE 114 ATTEST: 115 116 117 118 Judith A. Pyle, CMC 119 City Clerk 120 121 122 (Corporate Seal) 123 124 125 126 127 128 129 130 131 132 133 134 135 (00228966.2 306-9001821) - 3- Page 3- Page 849 of 940 136 137 138 EXHIBIT "A" 139 140 141 142 143 Section 12. Satellite Earth Stationsand Antennas. Amateur Radio and Television 144 Antennas 145 146 147 inte twe (2) groups. Group A aRteRRae M411 fit M4NR a GRe (1) mete 148 Abe. Group RB aanteRnae -are trheiSe- that�Nill net fit �Nithin a nne /1\ mete-nibs 149 150 -R. Re its Requined- We satewmte d-ish Shall -he t 151 first ghtamping a Permit from the pity. 152 153 Satellite dish apte.ppae- Shall With PFE)VOSOORS of Chapter 4, Artir--le .1X of the Florida 154 155 , 156 septrsl 157 158 159 160 Gede. 161 C 162 G. fees. n fP-P- Shall be payable +n the pity a ted byreii seltin e 163 Gity (`nmmis Ginn adept 164 165 Ielhibi ns 166 167 1. We exte-pieisatellite dish -;;Ateppa may he used felp drspla,adveFtisiRg 168 purposer, and- Rp-pe i-;h-;;" h-ave ;NritiRg theFeGR ;Nhir--h ii-; voiSible from a P61bloG Fight of way er 169 reside nti al r✓istri nt 170 171 2. Pert-able Group R satellite `Jish antennae ere net allnnier! 172 173 E. Alnnnnnfnrming Satellite d-isohcepnarrae properly permitted prier to April it 1995 174 R plaGe RGbYithStAAdNA stipulated heFeiR but they Rqay ROt be FeplaGed, 175 176 ce�viivir. 177 178 .A. Amateur Radio/Citizens'Band(CB) and Television (TV) Antennae. 179 180 181 exr-,R-ed- b.A.;e-pty five (25) feet OR height, -A.Ad- Ine- fpeestandiRg aRteRRa Rqay be within 182 1p83 184 evneed the I height by mgre thari fifteeri (15) feet) - 185 (00228966.2 306-9001821) -4- Page 4- Page 850 of 940 186 1. Purpose and Intent. The purpose and intent of this Section is to provide for 187 the safe and effective installation and operation of amateur radio, citizens band radio, 188 and television antenna support structures, and the beam, satellite, or other antennas 189 installed on those support structures. It is also the purpose and intent of this Section to 190 provide for a reasonable accommodation of amateur (a.k.a. HAM) radio 191 communications, in accordance with Parts 95 and 97 of Chapter 1 of Title 47 of the 192 Code of Federal Regulations, while reflecting the City's legitimate interest in protecting 193 and promoting the health, safety, welfare, neighborhood aesthetics, and morals of its 194 citizens. 195 196 2. Applicability. Towers and antennas regulated by this section shall be 197 considered accessory uses, allowed only in conjunction with a single-family and two- 198 family dwelling, and are allowed within the C-4, M-1, and PID (Planned Industrial 199 Development) zoning districts which are exempt from the standards of Section 13 of 200 these regulations. 201 202 3. Reasonable Accommodation. All amateur radio towers and antennas that do 203 not meet the standards of this section are eligible for consideration through the process 204 that will accommodate reasonably amateur communications, and to represent the 205 minimum practicable regulation to accomplish the local authority's legitimate purpose. 206 207 The accommodation process shall be implemented by the Director of Development, or 208 his/her authorized designee. In order to implement the accommodation process, there 209 shall be an application submitted for a tower or antenna pursuant to this Chapter that 210 does not meet the requirements of this chapter. Upon a request by the applicant, City 211 staff shall insure that the request is reviewed with the applicant, and in the event the 212 result of the review produces a result that is a burdensome hardship on the applicant, 213 or is not consistent with FCC PRB-1 and 101 FCC 2d 952 (1985), as may be amended 214 from time to time, City staff may, administratively, accommodate reasonably the 215 antenna or tower, and authorize the installation of the proposed antenna or tower, 216 through the City's building permit process. 217 218 4. Number. A maximum of one (1) amateur radio/citizens band radio antenna 219 tower and a maximum of one (1) television/CB antenna tower shall be allowed on a 220 legally designated parcel, as indicated by the Palm Beach County Property Appraiser's 221 records. 222 223 5. Height. 224 225 a. Television and citizens' band broadcasting antennae may extend up to 226 forty (40) feet in height, but in no instance may an antenna exceed the 227 roof height (roof peak) by more than fifteen (15) feet. 228 229 b. Amateur radio towers and antennas may be allowed up to a maximum 230 of sixty (60) feet (also see section A.6.b below). 231 232 6. Additional Standards for Amateur Radio Towers. To minimize the visual 233 impacts and hazards of antenna towers, towers for amateur radio communications shall 234 be designed and stored as follows: 235 (00228966.2 306-9001821) - 5- Page 5- Page 851 of 940 236 a. Guy wires within residential districts may only be used if not visible from 237 the abutting roadway. 238 239 b. Towers shall be lowered to a ground-mounted position, and antennas 240 removed upon notice from the weather service of a hurricane watch. The 241 height of the lowered and anchored position shall be less than the 242 setback distance from the adjoining property line. 243 244 7. Location. Amateur radio, citizens band, and television towers shall be 245 located in the rear yard and shall not be located forward of the front building line or 246 within an easement. Towers that extend 15 feet or less above the roofline may be 247 located in an internal side yard; 248 249 8. Setbacks. 250 251 a. Except where otherwise allowed in Section 12, Antenna support 252 structures shall be located to comply with the district setback standards. If the 253 existing setback of the principal structure is at or less than the minimum setback 254 for the district, the tower may encroach up to 5 feet into the required setback. 255 256 b. The support structure or any element thereof shall be set back a 257 minimum of ten (10) feet from any easements. 258 259 C. The antenna component of the communication system may encroach 260 up to 5 feet into the minimum required setback. 261 262 d. Antenna support structures shall be located on the property so as to 263 provide adequate setbacks from above-ground utility power lines other than 264 applicant's service lines as follows: 265 266 (1) Setback a minimum distance equal to 50 percent of the height 267 as calculated from grade to the highest point of the antenna support 268 structure and its antenna; or 269 (2) The owner shall submit a fall zone letter from a registered 270 engineer certifying the design wind load and that the radius around the 271 base of the tower potentially impacted by any possible failure in the 272 tower is within the subject property and clear of any utility lines. 273 274 9. Permits. No amateur radio, citizens band radio, and television antenna 275 support structures shall be installed or modified without first obtaining a permit from the 276 city. 277 278 10. Nonconforminq. Amateur radio, citizens band radio, and television 279 antenna support structures properly permitted by the City or the County, may remain 280 in place notwithstanding provisions stipulated herein, but the support structures may 281 not be replaced, reconstructed, or modified without bringing the entire installation into 282 full compliance with this section. 283 284 G. Satellite —F=artkStations. Sa ell+te-dish tG SR-RAR- SiRgle 285 family or d inlex hnmoc nmmphi With the fnHOWOnn roni iiromon4r 286 {00228966.2 306-9001821} -6- Page 6- Page 852 of 940 287 1. HeAl fgh+ e part of ae" teli+rcc-d-.09-;h St �nrruinallatinn may exieRd beyond the 288 pealk of 289 er d ielex home 290 {� 291 2. Group R Group ip -R satellite-dish�ernrtee nrra�Shalupi-vFre- eestan`Ji ngrvarrd 292 293 294 a. SsreeRiRg. A lIG, �Bsafe4li+ dishRptep„ae-ahal�ssreeeedA„ 295 thFee (3) Sid-R-5-3 M40th '-;;AdrGape materials, OF Wall's M40th I-;;RdSGapiRg WhiGh -;;rP- Of a height 296 egi nyaleet to the total height of the moi inter! Satellite dich 297 298 b. LeTSTCG. For all Group R aRtepna�' 'At 'rFz-e est d•emel" With 299 Zeeieg regi ilatieec 300 301 302 303reg„I re, „a+�;& 304 305 (1) Shull Fegi iiurre-site- p'—;;ATevTe ip, annnrr7anne With Chapter 2, 306 °�i^'�Sest�rz?F.; 307 308 (2) m.- lti family di��tG 0 GRI, epee (1) r_`re6 ip R satellite 309 310 height shall Pet the height of the d—istpirot MA ;.A.4hmr-,h leroated- 311 anu31312 (3) A Group Bsatellite aTissh�anrtepiera -;;Ad- 313 3 314 right of way or recidleotial dlictri d•t 315 316 (4) Group ;Xhinh are moi inteden�A4er 317 -;;Ad- used- fer rnppertiep with the epeFatiep of a hi-sipess, shall pFevide- 318 reaseeahle cnreep,i p,g 319 320 B. Satellite Dish Antennas 321 322 1. Applicability. All satellite dish antennas shall be governed by the standards of 323 this Section unless exempted below or regulated as part of an amateur radio 324 antenna. 325 326 2. Exemptions. In single-family residential zoning districts, satellite dish 327 antennas 40 inches or less in diameter shall be exempt from these 328 requirements. 329 3. Standards. 330 331 A. Single-Family and Duplex Residential Districts. 332 333 Satellite dish antennae that exceed 40 inches in diameter and are located within 334 residential districts shall comply with the following regulations: 335 336 (1) Number. A maximum of one (1) satellite dish antenna over 40 337 inches in diameter shall be allowed on a residential lot; (00228966.2 306-9001821) - 7- Page 7- Page 853 of 940 338 339 (2) Location. Satellite dish antennas shall be mounted on the wall, 340 ground, or a support structure in the side or rear yard and shall not be 341 located on a wall facing the front property line or within an easement; 342 343 (3) Setbacks. Satellite dish antennas shall meet setback 344 requirements of the district as measured from the outermost point of the 345 dish on the side closest to the applicable setback or property line; 346 347 (4) Screening. Satellite dish antennas, if located in the side or rear 348 yard, shall be screened by an opaque fence or hedge: and, 349 350 (5) Height. Satellite dish antennas shall not exceed the building height 351 limitations of the zoning district. 352 I I 353 b) Multi DWellin itSdl�anrr- vvrnrf�ln -,tisSideRtiarvrvea a�crigstrmGts. Satellite-vrish 354 355 fnlln\e,ing regi latinns. 356 357 (1) Shalull—reg6umFe-Site- 'tea'rTe�Te , in ennnr`Jenne With Chapter 2, 358 A iGle ''', Ses+Gz?F.; 359 360 (2) In multm_family diSt-�tS GRh, nne (1) Group B satellite dish 361 362 height shall Pet the height of the d—istpirot MA ;.A.4hmr-,h leroated- 363 364 (3) A Group Bsatellite dTish -anf+p-.PTnQ -;;Ad- 365 anQ365 -79-RiRg diGtFiGtG Rqay RGt be erated ep A reef se that the dish is visible fFoRq a RW94G 366 right_of_way OF residlential dlic4rid•4 367 368 (4) Grgl in Q satellite dish ariteri rine ;n,hid•h are mgr anted- en a tgUl,er 369 370 TeaS;enahle sd leaning 371 372 B. Multi-family Residential Districts. 373 374 Satellite dish antennae located within multi-family districts shall comply with the 375 following regulations: 376 377 (1) Process. Shall require site plan review in accordance with Chapter 378 2, Article II, Section 2.F.; 379 380 (2) Number. Only one (1) satellite dish antenna is allowed per unit. 381 (3) Location. The satellite dish antenna shall not be located on the roof. 382 383 (4) Setbacks. Satellite dish antennas shall meet setback requirements 384 of the district as measured from the outermost point of the dish on the 385 side closest to the applicable setback or property line: and, 386 387 (5) Screening. Satellite dish antennas shall be completely screened 388 from view of rights-of-way and adjacent residential districts by an (00228966.2 306-9001821) - 8- Page 8- Page 854 of 940 389 opaque wall (including parapet walls), fence, or hedge, or combination 390 thereof. 391 392 (6) Height. Satellite dish antennas shall not exceed the building height 393 limitations of the zoning district in which it is located; 394 395 C. Non-residential and Mixed Use Districts. 396 397 Satellite dish antennae located within non-residential and mixed use zoning 398 districts shall comply with the following regulations: 399 400 (1) Process. Shall require site plan review in accordance with Chapter 401 2, Article II, Section 2.F.; 402 403 (2) Location. Satellite dish antennas shall be wall, roof, or ground 404 mounted, and shall not be located in the front or side corner yard; 405 406 (3) Setbacks. Satellite dish antennas shall meet setback requirements 407 of the district as measured from the outermost point of the dish on the 408 side closest to the applicable setback or property line; 409 410 (4) Screening. Satellite dish antennas shall be completely screened 411 from view of rights-of-way and adjacent residential districts by an 412 opaque wall (including parapet walls), fence, or hedge, or combination 413 thereof; and, 414 415 (5) Height. Satellite dish antennas shall not exceed the building height 416 limitations of the zoning district in which it is located. 417 418 4. Nonconforming. Satellite dish antennas properly permitted prior to April 4, 419 1995 may remain in place notwithstanding provisions stipulated herein but they may 420 not be replaced, reconstructed, or modified without bringing the entire installation into 421 full compliance with this section. {00228966.2 306-9001821} - 9- Page 9- Page 855 of 940 ATTACHMENT "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 eat4h station dish antennas are subject to the provisions of Section 12 of this article. 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 {00239354.3 306-9001821} 1 Page 856 of 940 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 II 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, , or combined wireless facility installations. 1. Pre-Existing WCF. Any WCF which legally existed prior to the effective date of this ordinance are considered permitted 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 nonconforming 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. 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 with the current regulations to the maximum 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 {00239354.3 306-9001821} 2 Page 857 of 940 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 , 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 III, 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 II, 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 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 II, 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"NO TRESPASSING" and "HIGH VOLTAGE—DANGER" {00239354.3 306-9001821} 3 Page 858 of 940 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 permitted 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. Subj ect 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. 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 without 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, 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 11, Chapter 25.1, as amended. {00239354.3 306-9001821} 4 Page 859 of 940 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 and associated accessory equipment 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 facade, 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. 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. &r.,mples ifielude ante,,,,.,s a4taelied to titility poles and a. Location. WCF shall be allowed on City-owned real property standar- (such as existing ball park light poles),where the aplie, it has aee eat with the- subject to approval of the City and/or- t - ey designeeand/or- the ;, 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 20% 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. Eqttipment eabinets er- eempetinds fer- 3AIGF tinder- this stibseetien shall be designed and laeated in stieh a manfier- as to fiet ifitei:]Per-e with the subjeet right of way 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 include an antenna support structure. WCF include, but are not limited to the following: stealth, monopole, guyed, or lattice antenna support structures. {00239354.3 306-9001821} 5 Page 860 of 940 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 (8 1) 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 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: (1) 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 approved by the City. The access shall extend 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/ {00239354.3 306-9001821} 6 Page 861 of 940 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 negotiated with the owner of the WCF, to co-locate emergency/public safety equipment on a 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. Subject to the terms of any negotiated and approved agreement, the space on a new non-concealed freestanding WCF, including any reserved 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 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. The accessory ground equipment for concealed, freestanding WCF shall be screened from abutting rights-of-way through the utilization of landscaping or other screening mechanisms. 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. {00239354.3 306-9001821} 7 Page 862 of 940 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. 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. Modification of Existing WCF. Modification to an existing WCF 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 modification 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 owner of an existing WCF shall endeavor to limit the height of a modified WCF to a height that does not exceed the maximum height limitations of this section based on the type of WCF and the zoning district. A replacement WCF with an increased height of more than ten percent (10%) shall be considered a substantial change, and require building permitapproval. {00239354.3 306-9001821} 8 Page 863 of 940 c. Setbacks. A new WCF that modifies an 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. d. Buffers. At the time of modification, equipment compounds shall be brought into compliance, to the extent legally required, with the screening and buffer requirements of this section. e. Design. Modified antenna support structures shall comply with the provisions herein to reduce nonconformity 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. 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 may be completed, subject to submittal and approval of the required building permit. 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, except as may be otherwise authorized by Federal or State law. 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 applicant shall endeavor, to the extent legally required, bring the equipment compound into compliance with the screening and buffer requirements of this section. {00239354.3 306-9001821} 9 Page 864 of 940 TABLE 3-29. Zoning Districts and Affiliated Process. Non- Non Modification Zoning Concealed concealed Concealed concealed ' of Antenna Co- District Attached Attached Freestanding Freestanding Existing WCF 7 Element locatior WCF 1 WCF 2 WCF 4 WCF 4 Replacement 8 R-1 CC 3 AD AD AD R-2 AD CC 3 AD AD AD R-3 AD AD CC 3 AD AD AD R-4 AD 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 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)Review 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 titilitPGIOS al4d f 004al diff li&S W41444 a^446 r& ^f WSttbjOGt tG private grope , 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 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. 7 Replacement WCF with increased height requires public hearing approval. {00239354.3 306-9001821} 10 Page 865 of 940 8 Administrative review 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). ZapAne m°s4-e's: 4rSin.t�404 40nti.t G2 SM14 subu-bml r r:.,o,t 1 Tgp R?J Mint: Residential C 4 Goof o,-,.t!`...ry mo,-pin] TETT Trvr�9 Miz�-oEtrT-sg-�vv..,T�i4o.�7� PI-ID Planned,1_1144 Do"'GIOPR40RI C44D Gentrad 441.1m"Pqq District MI-I 1 -3 Mixed,I-Ise I wA,Intonqity-4 G4 Office pro+�ssie^� PI-I public 111sagoA4t I=igl#lndl4sEria� TABLE 3-30. Maximum Heights of WCF Non- Non- Modification Zonin Conceale concealer Concealed; concealed of Antenna Co- g d d Freestandi Freestandi Existing WCF Element locatio Distri Attached Attached" ng WCF ng WCF Replaceme n ct WCF WCF nt 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 R-4 1 55' 3,4 7 7 7 PUD 1 2- 75' 3,4 7 7 7 IPUD 1 2- 75' 3,4 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 1 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 1 2 100' 4 100' 4,5,6 7 7 7 SMU 1 2 70' or less 4 7 7 7 MU-L- 1 2 70' or less 4 7 7 7 1 MU-L- 1 2 70' or less 4 7 7 7 2 MU-L- 1 2 70' or less 4 7 7 7 3 MU-4 1 2 70' or less 4 _7 _7 _7 M U-H 1 2 70' or less 4 7 7 7 PID 1 2 100-150' 4 100-150' 4 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 t4i!4 peles and f eesta,,a:,,g ligl4s 44at aFe R4ere 44an 40 fOet 4414& g4t ^f.. ^d"^r 440 t4ili .`^ isting ball par4i lig 4 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 t4i! igI4 pole. {00239354.3 306-9001821} 1 1 Page 866 of 940 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- Modification Zon`in Conceale conceale Concealed'' concealed of Antenna Co- g d d FreestandiFreestandi Existing WCF Element locatio Distri Attached Attached ng WCF ng WCF Replaceme ` n ct WCF WCF nt R-1 3,4 6 7 R-2 2- 3,4 6 7 R-3 1 2- 3,4 6 7 R-4 1 3,4 6 7 PUD 1 2- 3,4 6 7 IPUD 1 -2 3,4 6 7 MHPD 3,4 6 7 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 2 3,4 6 7 1 MU-L- 1 2 3,4 6 7 2 MU-L- 1 2 3,4 6 7 3 MU-4 1 2 34 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 II of the City's Code of Ordinances, Chapter 25.1 as amended. . Non-concealed attached WCF are allowed on t4i!4 ^^'O^al4 f 0044 diff igl4^�T 4144 ��a^ 46 r �-'�* ^f�T^ SttbjOGt rip vate {00239354.3 306-9001821} 12 Page 867 of 940 grope , 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 modification 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 any application submittal, 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; 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 {00239354.3 306-9001821} 13 Page 868 of 940 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 within Goy right of. a,, , 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 permit 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 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. L 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, as identified by the City's Building Department, a certification of continued structural integrity (i.e., a statement that {00239354.3 306-9001821} 14 Page 869 of 940 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. In the event of an abandonment of the WCF, WCF owners may, 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: 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 . {00239354.3 306-9001821} 15 Page 870 of 940 4. Exeeptions. WGF used for- ather- pur-poses, ifieluding but fiet limited ta, light stafidar-ds and 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. {00239354.3 306-9001821} 16 Page 871 of 940 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 872 of 940 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 873 of 940 12.B. LEGAL 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 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 FROM SEPTEMBER 11, 2018). 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 874 of 940 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance Wireles Communications D Staff Report Staff Report Page 875 of 940 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 876 of 940 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 877 of 940 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 878 of 940 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 879 of 940 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 880 of 940 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 881 of 940 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 882 of 940 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 883 of 940 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 ��*�zompa 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 eahinetsorrempo%rnd 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 884 of 940 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 885 of 940 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 886 of 940 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 887 of 940 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 888 of 940 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 889 of 940 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 890 of 940 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 891 of 940 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 892 of 940 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 893 of 940 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 894 of 940 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 895 of 940 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 896 of 940 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 897 of 940 12.C. LEGAL 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-022 - SECOND READING -Approve amending City Code of Ordinances Section 16-22 so that park rangers to have the same authority as the director and any park attendant to eject from the park or beach any person acting in violation of this article. EXPLANATION OF REQUEST: The part time park ranger positions were added to the FY 2018/19 General Fund Budget. The Park Rangers will be responsible for locking and securing gates at parks, providing support at various city events,and adding another level of security and safety to our facilities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Amending the ordinance will allow Park Rangers the ability to eject individuals from any of park and recreation facility who are acting inappropriately. FISCAL IMPACT: Budgeted Funding for this position is included in the FY 2018/19 General Fund B udget. ALTERNATIVES: Do not amend 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 Ordinance approving the addition of park ranger authority Page 898 of 940 1 2 ORDINANCE NO. 18- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING PART II, CODE OF ORDINANCES, CHAPTER 16, 6 "PARKS AND RECREATION" AMENDING SECTION 16-22, 7 "ENFORCEMENT OF REGULATIONS", SO THAT PARK RANGERS 8 HAVE THE SAME AUTHORITY AS THE DIRECTOR TO EJECT 9 FROM THE PARK OR BEACH ANY PERSON ACTING IN 10 VIOLATION OF THIS ARTICLE; PROVIDING FOR CONFLICTS, 11 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 12 13 WHEREAS,the part time park ranger position was added to the FY 2018/19 General 14 Fund Budget; and 15 WHEREAS, the position will be responsible for locking and securing gates at parks, 16 providing support at various city events and adding another level of security and safety to our 17 facilities; and 18 WHEREAS, amending this section will give park rangers the authority to eject 19 individuals from any park and recreation facility who are acting inappropriately. 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, THAT: 22 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. Chapter 16, "Parks and Recreation" of the City's Code of Ordinances is 25 hereby amended by adding the words and figures in underlined type and by deleting the words 26 and figures in struck-through type, as follows: 27 ARTICLE II. CITY PARKS AND BEACHES 28 DIVISION 1. GENERALLY 29 ... 30 Sec. 16-22. Enforcement of regulations. 31 (a) The director, park ranger and park or beach attendants shall, in connection with their 32 duties imposed by law, diligently enforce the provisions of this article. The director, park 33 ranger and any park attendant shall have the authority to eject from the park or beach any 34 person acting in violation of this article, and shall have the authority to seize and confiscate 35 any property, thing or device in the park or beach used in violation of this article. 1 Page 899 of 940 36 Administrative authority is hereby granted to the City Manager and/or his or her designee to 37 designate and post specific areas in city parks as "Quiet Zones." 38 (b) Penalties for violation of this section shall be pursuant to the City Code of Ordinances 39 Chapter 1, General Provisions, Article 1, Section 1-6. 40 ... 41 42 Section 3. Each and every other provision of the Code of Ordinances of the City 43 of Boynton Beach not herein specifically amended shall remain in full force and effect as 44 previously enacted. 45 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 46 same are hereby repealed. 47 Section 5. Should any section or provision of this ordinance or portion hereof, any 48 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 49 such decision shall not affect the remainder of this ordinance. 50 Section 6. Authority is hereby granted to codify said ordinance. 51 Section 7. This ordinance shall become effective immediately upon passage. 52 FIRST READING this day of 2018. 53 54 SECOND, FINAL READING AND PASSAGE this day of 55 2018. 56 CITY OF BOYNTON BEACH, FLORIDA 57 58 YES NO 59 60 Mayor— Steven B. Grant 61 62 Vice Mayor— Christina L. Romelus 63 64 Commissioner—Mack McCray 65 66 Commissioner—Justin Katz 67 68 Commissioner—Joe Casello 69 70 VOTE 71 ATTEST: 72 73 74 75 Judith A. Pyle, CMC 76 City Clerk 77 (Corporate Seal) 2 Page 900 of 940 12.D. LEGAL 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 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 901 of 940 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 902 of 940 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 903 of 940 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 904 of 940 12.E. LEGAL 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-020 - SECOND 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 9/20/18) 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 905 of 940 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 906 of 940 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 907 of 940 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 908 of 940 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 909 of 940 130 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 910 of 940 140 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 911 of 940 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 912 of 940 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 913 of 940 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 914 of 940 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 915 of 940 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 1'/z" $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 916 of 940 *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 917 of 940 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 918 of 940 (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 919 of 940 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 920 of 940 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 921 of 940 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 922 of 940 12.F. LEGAL 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-138-Approving the utility rates for Water, Wastewater, Storn-water, Reuse Water and Chilled Water for the Fiscal Year 2018-19. EXPLANATION OF REQUEST: Based on the approved Ordinance 18-020, Utility rates and charges for water, wastewater, stormwater and reuse water will be established by resolution of the City Commission annually during the Budget adoption process. The Utility rates, fees and charges have been reviewed by the utility management. Utility staff has presented the rate adjustments to City Commission during the FY 18/19 Budget workshops. The proposed rates are included as part of the FY 18/19 Proposed Budget. Such Rates shall become effective October 1 of each year. The following tables provides the Boynton Beach Utility Rates, Fees and Charges for the FY 18/19 Budget year. ha€gea Igor Potable Water Cansaan tear€Charge LocationCIaeS Base#acilil<y Charge 0-9Kgal 10- Kga1 3OZOKgal >50KgIa (Month /Mtn€h /Month Wo nth Insidethe City Residential 512-85 $1.89 53.03 $4.05 $4-99 Conyrierdial $2530 $1.89 S3.0a $4-05 54.99 Outside the City Residential 15-82 $2.12 $3.89 $5.06 $5-23 Corr ercial191. 4 52.12 S&BG &5.06 56.23 Charges for Wastewater Collection Location Class Accounts with Base facility Consumption fkCgals No Water Charge Max TKgals Residential 34.9 19.18 Inside the Cid S2.20 Commercial 34.59 19.16 Outside the City Residential 43.26 23.9 -76 Commercial 43.26 1 23.9 tormvater Fees utility Location Class Charge PERU Stormwater Inside City Bath $6-00 Page 923 of 940 Reuse Water Fees utility Location Class Charge /K al Reuse Water Both Both O_35 The charges for Chilled Water will be set at a later date. Bulk agreements are only made with other neighboring Utilities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow the Utility to continue to provide reliable high quality water wastewater, stormwater and reuse water services to the City Utility customers. FISCAL IMPACT: Budgeted These rates are in line with the budget projections and were discussed during the budgeting process. ALTERNATIVES: Not approve the rate increases and make appropriate reductions in the Utility Budget. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Utility Rates Page 924 of 940 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, PROVIDING FOR UNIFORM SCHEDULE OF 5 MONTHLY SERVICE CHARGES; PROVIDING FOR 6 UTILITY IMPACT FEES; PROVIDING FOR 7 STORMWATER FEES; PROVIDING FOR REUSE FEES; 8 ESTABLISHING MISCELLANEOUS CHARGES THAT 9 ARE SUFFICIENT TO OPERATE A FINANCIALLY 10 SELF-SUPPORTING UTILITY; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, Ordinance No. 18-020 of the City of Boynton Beach provides for the 15 establishment of utility fees, rates and charges; including miscellaneous service charges, utility 16 capacity fees, and other conditions related to utility services; and 17 WHEREAS, The City of Boynton Beach requires sufficient funds for operation and 18 maintenance, replacement costs, capital improvements and debt service; and 19 WHEREAS, A Uniform Schedule of Charges will be defined and updated from time- 20 to-time by resolution of the City Commission. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission does hereby find that the Uniform Schedule of 27 Charges, attached hereto as Exhibit"A" and incorporated herein, represents fair and reasonable 28 sums assessed to provid the use or reasonable avialibity for use, of the services and facilities of 29 the Boynton Beach Utility System, by each user receiving service. 30 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\6AEC9CF4-8585-4709-8D5C-E04BA617BB7F\Boynton Beach.12424.1.Utility_Rates_2018-19_-_Reso.docx Page 925 of 940 31 32 Section 3. This Resolution shall take effect October 1, 2018. 33 PASSED AND ADOPTED this day of , 2018. 34 35 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor— Christina L. Romelus 43 44 Commissioner—Mack McCray 45 46 Commissioner—Justin Katz 47 48 Commissioner—Joe Casello 49 50 51 VOTE 52 53 ATTEST: 54 55 56 57 Judith A. Pyle, CMC 58 City Clerk 59 60 61 62 (Corporate Seal) 63 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\6AEC9CF4-8585-4709-8D5C-E04BA617BB7F\Boynton Beach.12424.1.Utility_Rates_2018-19_-_Reso.docx Page 926 of 940 64 EXHIBIT"A" 65 Boynton Beach Utilities Rate Schedule 66 Effective October 1, 2018 67 68 The following tables provide the Boynton Beach Utility Rates, Fees and Charges 69 for the FY 18/19 Budget year. 70 71 Charges For Potable Water Consumption Charge Location Class Base facility Charge 0-9Kgal 10-30Kgal 30-50Kgal >50Kgla /Month /Month /Month /Month Inside the City Residential $12.65 $1.69 $3.03 $4.05 $4.99 Commercial $25.30 $1.69 $3.03 $4.05 $4.99 Outside the City Residential $15.82 $2.12 $3.80 $5.06 $6.23 72 Commercial $31.64 $2.12 $3.80 $5.06 $6.23 73 Charges for Wastewater Collection Location Class Accounts with Base facility Consumption/Kgals No Water Charge Max 7Kgals Residential 34.59 19.16 Inside the City $2.20 Comrne rcial 34.59 19.16 �Residential 43.26 23.97 Outside the City $2.76 74 mrnercial 43.26 23.97 75 76 Stormwater Fees Utility Location Class Charge /ERU 77 Stormwater Inside City Both $6.00 78 79 Reuse Water Fees Utility Location Class Charge /Kgal 80 Reuse Water Both Both $0.35 81 82 83 The charges for Chilled Water will be set at a later date. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\6AEC9CF4-8585-4709-8D5C-E04BA617BB7F\Boynton Beach.12424.1.Utility_Rates_2018-19_-_Reso.docx Page 927 of 940 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\6AEC9CF4-8585-4709-8D5C-E04BA617BB7F\Boynton Beach.12424.1.Utility_Rates_2018-19_-_Reso.docx Page 928 of 940 12.G. LEGAL 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Report by City Attorney on filling City Commission vacancies. EXPLANATION OF REQUEST: n/a HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: n/a ALTERNATIVES: none STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 929 of 940 13.A. FUTURE AGENDA ITEMS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 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 930 of 940 13.B. FUTURE AGENDA ITEMS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 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 931 of 940 13.C. FUTURE AGENDA ITEMS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 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 932 of 940 13.D. FUTURE AGENDA ITEMS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Commission to discuss Commission Meeting that would normally be scheduled for Tuesday, January 1, 2019 and decide to either re-schedule or cancel the meeting - October 2, 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 933 of 940 13.E. FUTURE AGENDA ITEMS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Consideration of Interlocal Agreement between City of Boynton Beach and Town of Hypoluxo for the City to provide water and sewer service to the Town - October 2, 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 934 of 940 13.F. FUTURE AGENDA ITEMS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Vice Mayor Romelus requested an item be placed on a future agenda to discuss the attached email from Susan Oyer. October 2, 2019 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Susan Oyer email Page 935 of 940 LaVerriere, Lori From: Susan Oyer <susanoyer@gmail.com> Sent: Sunday, September 02, 2018 11:40 PM To: Grant, Steven; Romelus, Christina; Casello,Joseph; Katz,Justin; McCray, Mack, LaVerriere, Lori;Groff, Colin;Coles-Dobay, Debby; Harvey, Rebecca; Krusell, Eleanor Cc: Barbara Ready-BBHRPB; Mike Fitzpatrick; Mack,Andrew; Simon, Michael Subject: Sailfish art idea pt 2 Dear Mayor Grant, City Commissioners, City Officials, et al: I would like to present this idea in further detail,hoping you will like it enough to move forward, at this next commission meeting,but family obligations will prevent that. Therefore, I am sending this email instead. I am available to discuss any part of this as you may wish. Some of you have expressed support of this idea(thank you!) after my first email. Time to move forward. As a refresher,the City of London is having another great art exhibit in support of Tusk.org (learn more at: hit s -/www.tusk.gr events�'the-tusk-rhino-trails )with a variety of painted rhinos being painted by artists and celebrities,located around the city at key tourist sites, and will be auctioned at the end to support Tusk.org. This is not the first time an art project like this has occurred in London-- they occur regularly. I've seen similar art projects in a couple cities in Germany, in Luxembourg, and I think we all remember the famous cows in Chicago. I know this idea has been used before,but not in our area(beyond the big duck &pink bunny in West Palm, and they are just art displays for sale). This would enliven the city,would be fun for tourists to track down for photo ops at key city buildings; scavenger hunts could be created for residents;there would be a lot of publicity surrounding these events on social media and local press with the potential for national/international press; and this would draw in people from surrounding cities to visit Boynton regularly. A review of my prior ideas,plus some others--I hope the commission will move forward with my idea(s) or adapt as you see fit: i--I suggested we have our city logo,the sailfish, made into approximately 6'-1o'aluminum (sailfish only or go big with a spinning sailfish inside the circle to be kinetic!) on a base. Maybe the city has metal fabricators, or South Tech, or any of the multitude of welders/metal makers in the city can make them in bulk. We could do both--non-moving at a lower fee ($250 for commissioners/officials/boards and $500 for residents/businesses) and kinetic for a higher fee ($500 commissioners/officials/boards and $i000 for residents/businesses). s r t 2--Use these around our new Town Square as photo ops or a scavenger hunt if we install around the city. CRA could use to focus on key businesses downtown. 1 Page 936 of 940 3--Could we use some of the Arts money from Town Square for this to defray costs? We have to put in art--why not art our city participated in creating? As I mentioned prior, I think that the commissioners/city officials/board members should be able to paint one at a slightly reduced fee. Residents/groups of residents could pay a higher fee (incentive to join boards!) as would businesses who might want to adopt a sailfish to paint. We could go with lower fees,but I can't see going higher if we want resident/business involvement. Note #1 with cost differences between standing and kinetic versions. 4--Maybe get a metal artist to do a painting class for all those who adopt a sailfish to teach technique for a reasonable fee. Again,participants could pay or could the city/CRA cover the cost? I assume there is special paint for metal and equipment--again,if we are doing group classes we should be able to get a good price for a training class with an artists, access to paints, and equipment. And again, city/CRA full or partial funding? S--We could have residents vote to keep a pre-determined number permanently displayed....more community involvement. The rest we could auction off? Residents could vote on which one to place at the beach itself if the art could handle the wind and salt air. 5--1 had floated the idea in my first email about donating the adopt a sailfish fee and the auction funds to charity. I found two charities that I think might go over well: *The Bill Fish Foundation at bllfish.or. that has been actively working to save these vanishing species since 1986. They are nearby: 510o N. Federal Hwy., Ste. 200, Ft. Lauderdale, FL 33308 800-438-8247 *4Ocean which is the local company cleaning plastics out of our ocean 4Ocean•or and have gotten lots of local press. They are in our county: 656o W. Rogers Cir., #19, Boca Raton, FL 33487 561-757-5187 6--Both are worthy charities. If we want to go that direction--not sure how the funding works, maybe all fees have to go to cover the cost of the art? Would we even be allowed to donate the fees/partial fees or auction proceeds to charity? Or do we need it to help cover the costs of Town Square? Both charities also pull a fair amount of publicity that we could tie in with. As a side note, I do some side work with Julian Lennon's (rock star, son of John, photographer, philanthropist) charities--one of the groups his foundation supports is about to go big with 4Ocean at the international level--potential for even more publicity for something like this. Yet our symbol is a bill fish, so supporting the Bill Fish Foundation is logical. Guess Colin and Lori have to weigh in on this regarding donations. 7--We could start out small and grow this over the years, depending on continued resident/business support. Think smaller or larger or multiple sailfish, different media, different ocean life, change it up and do veggies that were traditionally grown here, etc. I spoke to a few people who live outside the city about this (impartial), and they love the idea! I think this would be a great way to get our residents more involved and invested in our new Town Square. This fits the bill (pun intended) for our art program: kinetic and ocean themed. Think of the great publicity for something like this, especially if we are able to incorporate a charity donation into this. I hope our mayor and commissioners will take my ideas, add their own,and make this a Boynton signature art project! z Page 937 of 940 Thank you, as always, for taking the time to read and consider my suggestions. I appreciate it. Please advise if you have any questions 561-736-1251. Susan Oyer, Lady ofDunans Castle 3 Page 938 of 940 Page 939 of 940 13.G. FUTURE AGENDA ITEMS 9/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2018 REQUESTED ACTION BY COMMISSION: Vice Mayor Romelus requested a future agenda item to discuss the participation of local artists in the Town Square project- TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 940 of 940