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Agenda 03-18-20 The City of Boynton Beach City Commission Agenda Wednesday, March 18, 2020, 5:30 PM Intracoastal Park Clubhouse 2240 N. Federal Highway Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. C www.boynton-beach.org Page 1 of 1023 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& 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 your name for the record. 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 or silence all cellular phones while the City Commission Meeting is in session. City Commission meetings are held in the Intracoastal Park Clubhouse, 2240 N. Federal Highway, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 5:30 p.m. (Please check the Agenda Schedule- some meetings have been moved due to Holidays/Election Day). Page 2 of 1023 1. Openings A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Mack McCray Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption B. Proposed Emergency Ordinance No. 20-008-An emergency ordinance of the city of Boynton Beach, Florida, authorizing the city manager to make provisions for electronic attendance by elected and appointed officials at city meetings during periods of a declared public health emergency; providing for public participation by telephonic or electronic means; providing for automatic delay of finality of official action pending public comments; and, providing an effective date. 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations - None 4. Public Audience - None 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. Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to the HATT Foundation. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Legal Expenses - February 2020 - information at the request of the City Commission. No action required. B. Proposed Resolution No. R20-022 - Authorize the City Manager to enter into a Kiosk Agreement, Addendum to Kiosk Agreement and End User License Agreement with Java Connections to purchase LaptopsAnytime kiosks that will house 36 laptops for Library customer use inside the Library. C. Proposed Resolution No. R20-023- Authorize and direct staff to apply for a grant from the Florida Inland Navigation District (F.I.N.D.) for financial assistance to renovate and improve the boat ramps at Harvey E. Oyer Park. Page 3 of 1023 D. Proposed Resolution No. R20-024- Authorize the installation of honorarium signs for a portion of NE 9th Ave. in honor of Rev. Lance Chaney. E. 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 March 18, 2020 - "Request for Extensions and/or Piggybacks." F. Accept the written report to the Commission for purchases over $10,000 for the month of February 2020. G. Accept the Fiscal Year 2019-2020 Budget Status Report of the General Fund and the Utilities Fund for the fourth (4) month period ended January 31, 2020, Unaudited. H. Approve minutes from the City Commission meeting on March 3, 2020. 7. Consent Bids And Purchase Over$100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for March 18, 2020- "Request for Extensions and/or Piggybacks." B. Award task order F-20-2020 Hester Center Restroom and Locker Room Renovations, part of Bid No. 018-2511-18/IT for Minor Construction Services, and authorize the City Manager to issue a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the total amount of$155,717. 8. Public Hearina 6 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. 20-005 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). (The applicant has requested to continue this agenda item to the April 7, 2020 Commission Meeting.) Proposed Ordinance No. 20-006 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-2 Single- and Two Family Residential District to C-2 Neighborhood Commercial District (The applicant has requested to continue this agenda item to the April 7, 2020 Commission Meeting.) B. Approve request for Conditional Use and Major Site Plan Modification (COUS 20-002 / MSPM 20-002) for Southland Corp Tax Dept #1039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six (6) pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. (The applicant has requested to continue this agenda item to the April 7, 2020 Commission Meeting.) C. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the April 21, 2020 Commission Meeting.) D. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the April 21, 2020 Commission Meeting.) Page 4 of 1023 9. City Manager's Report A. Award of the City of Boynton Beach Entrepreneurship and Business Incubation Grants in the amount of $30,000 to the three (3) first ranked grant applicants in the three (3) categories that received responses and provide consensus with staff recommendation to redirect the remaining funding, in the amount of $20,000, to support the future City Hall Innovation Space programs and infrastructure. 10. Unfinished Business - None 11. New Business - None 12. Legal A. Proposed Ordinance No. 20-007-First Reading - Establishing the Boynton Beach Community Redevelopment Agency (CRA) sunset date and extending the time certain for the completion of projects described in the Community Redevelopment Plan. 13. Future Agenda Items A. Quarterly Census Update- TBD B. Legislative Updates- TBD C. Commissioner Penserga requested a discussion on single occupancy restrooms possibly converting to gender neutral restrooms- TBD D. Presentation of 2019 Comprehensive Annual Financial Report- TBD E. Provide update on potential sale of the Nichol's property to Pulte Homes- TBD F. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance - TBD G. Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce will present on member benefits. - TBD H. The City Commission requested a presentation of the Town Square Opportunity Fair hiring efforts and results. - TBD I. Discuss CBD oil and its impacts on the City's Drug-Free Workplace Policy as requested by Mayor Grant. - TBD J. Short presentation and discussion by utility staff regarding Septic Tank Inspections. - TBD K. Request by Mayor Grant to discuss Wellington's home based business regulations. - TBD 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity 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 programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication ofteh agenda on the city's web site.lnfonnation regarding iterns added Page 5 of 1023 to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 6 of 1023 1.A. OPENING ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Mack 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 7 of 1023 1.B. OPENING ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Proposed Emergency Ordinance No. 20-008-An emergency ordinance of the city of Boynton Beach, Florida, authorizing the city manager to make provisions for electronic attendance by elected and appointed officials at city meetings during periods of a declared public health emergency; providing for public participation by telephonic or electronic means; providing for automatic delay of finality of official action pending public comments; and, providing an effective date. 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 Ordinance Emergency Ordinance No, 20-008 Page 8 of 1023 I EMERGENCY ORDINANCE. 20- 2 AN EMERGENCY ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AUTHORIZING THE 4 CITY MANAGER TO MAKE PROVISIONS FOR 5 ELECTRONIC ATTENDANCE BY ELECTED AND 6 APPOINTED OFFICIALS AT CITY MEETINGS DURING 7 PERIODS OF A DECLARED PUBLIC HEALTH 8 EMERGENCY; PROVIDING FOR PUBLIC 9 PARTICIPATION BY TELEPHONIC OR ELECTRONIC 10 MEANS; PROVIDING FOR AUTOMATIC DELAY OF 11 FINALITY OF OFFICIAL ACTION PENDING PUBLIC 12 COMMENTS; AND, PROVIDING AN EFFECTIVE 13 DATE 14 15 WHEREAS, Florida law, including Florida Statutes concerning public meetings and 16 the rights of the public to participate in public meetings, including but not limited to Sections 17 286.011, 286.0114, and 166.041, requires that meetings of elected and appointed officials 18 follow procedures that ensure that the public is able to participate in and be aware of the 19 decision making process (the"sunshine law"); and 20 WHEREAS, the Governor of the State of Florida has issued Executive Order number 21 20-52 declaring that a state of emergency exists in Florida and granting broad powers to local 22 governments to suspend the application of statues, rules, ordinances, and orders they administer 23 and to waive the procedures and formalities otherwise required by law to ensure the health, 24 safety, and welfare of the community; and 25 WHEREAS, on March 11, 2020 the World Health Organization declared the COVID- 26 19 outbreak a global pandemic; and 1 {00364173.5 306-9001821} Page 9 of 1023 27 WHEREAS, the United States Centers for Disease Control and Prevention (CDC) has 28 deemed it necessary to prohibit or restrict non-essential travel to or from certain countries of 29 concern; and 30 WHEREAS, it is the innate responsibility of the governing body of each political 31 subdivision of the State of Florida to safeguard the life and property of its residents, employees, 32 and invitees; and 33 WHEREAS, it is in the best interest of the citizens and residents of the City to 34 immediately implement, on a temporary basis, emergency rules concerning attendance at and 35 participation in public meetings due to the public health threat resulting from the spread of 36 COVID-19; and 37 WHEREAS, the City Commission finds that it is in the best interest of the personnel 38 and citizens of the City to authorize the City Manager to provide, when the City Manager 39 determines appropriate, for the City Commission and members of the various Boards and 40 Committees to be able to attend meetings electronically during a declared public health 41 emergency. 42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 43 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 44 Section 1. The above referenced whereas clauses are incorporated herein by 45 reference. 46 Section 2. The City Manager and City Clerk are hereby authorized to: 2 {00364173.5 306-9001821} Page 10 of 1023 47 a) Coordinate the ability of the City Commission, Boards, and Committees to meet 48 electronically without the physical presence of a quorum of the City Commission, 49 Boards or Committees; and 50 b) Bar or limit, in the exclusive administrative authority of the City Manager, the 51 physical attendance of the public at City Commission, Board, and Committee 52 meetings provided that no action of the City Commission, Board or Committee 53 taken at such meeting shall be deemed final until: 54 1. The complete recording of the City Commission, Board, or Committee 55 meeting is posted on the City web site for no less than thirty-six (36) hours, 56 and 57 2. Members of the public are given forty-eight(48)hours from the first posting 58 of the recording of the meeting to post or communicate by telephonic, 59 electronic or other written comments on any agenda item,including the right 60 to make public comments. 61 c) No action taken by the City Commission, Board or Committee at a meeting from 62 which the public is barred or limited will be deemed final until: 63 1. If no public comments have been submitted to the City within the forty- 64 eight(48) hour open comment period referenced in Section 2.b.2.; or 65 2. If public comments have been submitted within the forty-eight (48) hours 66 open comment period referenced in Section 2.b.2. The City Commission, 67 Board or Committee has been provided with the record of public comments 68 and ratifies its action on the agenda item at its next meeting. 3 {00364173.5 306-9001821} Page 11 of 1023 69 3. This Ordinance is not intended to revoke or amend other emergency 70 ordinances in effect at time of adoption of this Ordinance nor to limit any 71 additional emergency ordinance or resolution adopted by the City 72 Commission or by the City Manager to address the COVID-19 public health 73 crisis. 74 d) The City Manager, City Clerk, and City Information Technology Department shall 75 implement the technology and administrative support as necessary to fulfill these 76 objectives and to maintain a record of all public comments submitted to the City as 77 provided herein. The posting of the recording of the public meetings referenced 78 herein shall contain a banner notifying the public of the time and date the recording 79 is first posted and the deadline for submission of public comments. A dedicated 80 phone number and dedicated email address shall be included in the banner to notify 81 the public where to call to leave a telephonic public comment or where to email 82 public comment. All telephonic comments shall be transcribed verbatim by the City 83 Clerk or the Clerk's designee(s). 84 e) The City Clerk shall include all public comments timely submitted to the City Clerk 85 as provided herein in the official minutes of the meeting from which the public was 86 barred. 87 f) The City Manager, as the City's chief administrative officer,is granted the authority, 88 based on evolving Federal or State guidance or information obtained after the 89 enactment of this Ordinance, to limit or bar attendance at public meetings, on a 90 meeting by meeting basis. The City Manager shall provide a written report to the 4 {00364173.5 306-9001821} Page 12 of 1023 91 City Commission and the City Clerk of all implemented limitations on public 92 attendance at any meeting. 93 Section 3. This emergency ordinance shall become effective immediately upon its 94 passage and adoption but shall sunset on April 20, 2020, unless further extended by the City 95 Commission. 96 Section 4. This Emergency Ordinance shall not be codified. 97 Passed and adopted as an Emergency Ordinance this day of March, 98 2020. 99 100 CITY OF BOYNTON BEACH, FLORIDA 101 102 YES NO 103 104 Mayor— Steven B. Grant 105 106 Vice Mayor—Justin Katz 107 108 Commissioner—Mack McCray 109 110 Commissioner—Christina L. Romelus 111 112 Commissioner—Ty Penserga 113 114 VOTE 115 Attest: 116 117 118 119 120 Crystal Gibson, MMC 121 City Clerk 122 123 124 125 (Corporate Seal) 126 5 {00364173.5 306-9001821} Page 13 of 1023 2.A. OTHER 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 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 14 of 1023 5.A. ADMINISTRATIVE 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to the HATT Foundation. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to the HATT Foundation. Funding will be used for the HATT 2020 Project Feed-A-Family event on April 4, 2020, helping to end hunger in our local communities. The goal is to raise funds to distribute to 5,000 needy families and at-risk children a 5-gallon bucket filled with food. For every $35 donated, a 5-gallon bucket of food will be distributed to a needy family of 4 or 5 members. How will this affect city programs or services? N/A Fiscal Impact: Budgeted Community Support Funds of$2,000 for each Commission member were approved in the Fiscal Year 2020 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Community Support Funds Request Form Page 15 of 1023 R15-055 EXHIBIT "A99 COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 2/27/2020 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested: $ 200.00 Recipient/Payee: HATT Foundation Description of project, program, or activity to be funded: Funding-will be used for the HATT 2020 Project Feed-A-Family event on April 4, 2020, helping to end hunger in our local communities. The g al is to raise funds to distribute to 5,000 needy families and at-risk children a 5-gallon bucket filled with food. For eve 35 donated a 5-gallon bucket of food will be distributed to a needy family of 4 or 5 members. Part II -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $_2,000.00 . The balance of funds available for the requesting Member of the Commission is $ 400.00 Accordingly: ❑`" There are funds available as requested ❑ There are insufficient funds available as requested r Dated :a By:z' City Clerk Part III-Eligibility Evaluation 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 13 The public purpose is beneficial to the entire community serve by such donation Dated: ° n` By: r' Requesting Member of the City Commission Page 16 of 1023 5.B. ADMINISTRATIVE 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. 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 boards full and operating as effectively as possible. Fiscal Impact: Non-budgeted 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 17 of 1023 ATTACHMENTS: Type Description D Attachment Board Appointments and Applicants for 03-18- 2020 D Addendum Black, Alison D Attachment Harper, Earl D Addendum Kinlaw-Hamilton, Marian D Addendum Ratcliff, Ace Tilton D Attachment Sugerman, Dale D Addendum Trueheart, I na Page 18 of 1023 Appointments and Applicants for March 18, 2020 Building Board of Adjustments and Appeals III Romelus Alt 2 yr term to 12/20 (Tabled 3) IV Penserga Alt 2 yr term to 12/21 (Tabled 2) Mayor Grant Reg 2 yr term to 12/21 (Tabled 2) 1 Katz Reg 2 yr term to 12/21 (Tabled 2) Applicant: Sugerman, Dale Education and Youth Advisory Board II McCray STU 2 yr term to 12/21 (Tabled 3) III Romelus STU NV 2 yr term to 12/21 (Tabled 2) Applicant: Kinlaw-Hamilton, Mariah Historic Resources Preservation Board IV Penserga Alt 2 yr term to 12/20 (Tabled 2) Mayor Grant Reg 2 yr term to 12/21 (Tabled 2) 1 Katz Reg 2 yr term to 12/21 (Tabled 2) 11 McCray Alt 2 yr term to 12/21 Applicants: None Library Board 11 McCray Reg 2 yr term to 12/21 (Tabled 2) III Romelus Reg 2 yr term to 12/21 (Tabled 2) IV Penserga Reg 2 yr term to 12/20 (Tabled 2) Mayor Grant Alt 2 yr term to 12/21 (Tabled 2) 1 Katz Alt 2 yr term to 12/20 (Tabled 2) Applicant: Ratcliff, Ace Senior Advisory Board Mayor Grant Reg 2 yr term to 12/20 (Tabled 3) 1 Katz Reg 2 yr term to 12/21 (Tabled 2) 11 McCray Alt 2 yr term to 12/21 (Tabled 2) Applicants: Black,Alison (Current alternate requesting move up to regular position) Trueheart, Ina Harper, Earl Page 19 of 1023 CITY OF BOYNTON BEACH (D ADVISORY Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name_ __ Gender:_Telephone #ipcIv 5� hJ`7 vt2L 5 Address Zip Code t Other E-mail Address: .��^®j Cad r Phone: Current occupatJ.on or prior occupation: m. 7- Education _6 A , 15 -- - " Are you a registered voter? Ye " No Do you reside within the Boynton Beach City limits? Ye No Do you own/manage a business within the City limits: —Yes No' If"yes", name of business - -- — No Are you currently serving on a City board? es ' Have you served on a City board in the past? _ Yes No If so, which board(s) and when? Have you ever been convicted of a crime? ` If so, when Where Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Commission Historic Resources Preservation Board Building Board of Adjustment&Appeals Library Board Community Redevelopment Agency Advisory Board Planning & Development Board Education and Youth Advisory Board Police Officers'Retirement Trust Fund Employees'Pension Board Recreation &Parks Board Firefighters'Pension Trust Fund Senior Advisory Board Golf Course Advisory Committee - _ ..... S:\CC\WP\BOARDS\Applications\Master Form-Talent Bank Form-REVISED 10-01-18.doc Revised: 10/1/18 Page 20 of 1023 What personal qualifications do you possess (i.e., profession, previous experience, branch of military servide or organization) which you feel would make you a good candidate for this board? Please be specific. -CcX1 i Please list any professional memberships: Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 3301 Quantum Blvd, Ste. 101. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. Signature:— Date:- S:\CC\WP\BOARDS\ApplicaUons\Master Form-Talent Bank Form-REVISED 10-01-18.doc Revised: 10/1/18 Page 21 of 1023 Cherry-Guberman, Catherine From: alisonfblack <alisonfblack@aol.com> Sent: Monday, March 02, 2020 1:55 PM To: Cherry-Guberman, Catherine Subject: Senior advisory board I would like to be moved up from an alternate to a regular on the senior advisory board. Thank You Alison Black Sent from my Verizon,Samsung Galaxy smartphone 1 Page 22 of 1023 Cherry-Guberman, Catherine From: harperearl <noreply@123formbuilder.io> Sent: Tuesday, March 10, 2020 2:28 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Earl_Harper_Resume.doc Today's date 03/10/2020 Name Earl Harper Phone number 954-234-5875 Address 8 Lake Eden Dr. Boynton Beach Florida 33435 United States Email harperearl@gmail.com Current occupation or, if retired, prior President Humana Puerto Rico occupation Education MBA Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within No City limits? If"yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If"yes",which board(s)and when? Have you ever been No convicted of crime? a If"yes",when and where? Advisory Board Senior Advisory Board Page 23 of 1023 Personal My experience includes 30+years of administrative and operational experience, including 10 Qualifications years as a business consultant and 18+years as a senior executive of organizations with annual gross revenues in excess of$500 million. In addition, I have previous experience serving on several community and business boards. Professional Memberships Feel free to attach/upload an t tiw w�ja (��bL:il r,,com/uLilo�� : 1 j�jhp]l : ....=9592a327b93489alf66bi,,)bc7de79be65 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 66.176.130.237(United States)at 2020-03-1013:27:54 on Chrome 80.0.3987.132 Entry ID:383 Referrer http.f 4 l)pnj2nbp.gch, r /boa r -an -cor'nmittees Form Host:hops: wNArAf ,formbu: ide:,r i,/ r ,5832 . ,/"�`dvis r,t o -A)) aoint:°:•ieT"tt-tpii tiqp 2 Page 24 of 1023 EARL M. HARPER 8 Lake Eden Dr.,Boynton Beach,Florida 33435 Personal emailPersonal Cell: (954) 234-5875 SENIOR EXECUTIVE PROFILE Creative, results oriented senior healthcare insurance executive with more than thirty years of total administrative and operational experience,including ten years in management consulting,eighteen years as a senior level Executive with multi-lune health insurance organizations and four years as COO of a VC backed Medicare Advantage plan. Recognized for strong leadership, team building, strategic management, operational, analytical aid fmanncial skills. Has extensive experience introducing and managing change at the unit and the enterprise level. Is comfortable using technology as a competitive advantage, and as a barrier to competitor entry into the marketplace. Has the ability to relate to, and communicate with the businesses key constituents. Fully bilingual professional with cross cultural orientation, and twenty two years' experience working with customers,and leading a bilingual workforce. M.B.A. PROEE.S.SIONAL F,XPF,RL NCT HUMANA,Inc.6/2012- 2/2018 President,Puerto Rico Market Responsible for overall performance of Humannas operations ii Puerto Rico, including profit and loss, strategic direction,and administration of all existing programs (Medicare Advantage, Medicaid TPA, Commercial Group and HMS) and actively involved with all provider constituencies. Humana is a major player m the market with consolidated revenues in excess of $754M and 504 employees in multiple locations. Responsible for representing Humana PR Market with all governmental oversight agencies (DOI,CMS,State Medicaid Agency,Executive and Legislative branches in PR and DC). SOCIOS MAYORES EN SALUD,Inc. - 6/2008-8/2011 Socios Mayores en Salud,Inc. (d.b.a.American Health Medicare)now part of Triple-S Management,was an SV Life Sciences and HLM Venture Partners VC backed Medicare Advantage Plan in Puerto Rico.American Health Medicare was the fourth largest plan in the market with 41,000 MA members,384 regular employees and gross revenues of$381 MM. Chief Operations Officer(Professional Services Contract) - 2/2011 -8/2011 On February 7, 2011 American Health was purchased by and merged with Triple-S Management(NYSE: GTS). Continued to perform the COO duties and drive the transition during the"merger transition"period. Chief Operations Officer - 6/2008-2/2011 Position reported directly to the CEO, had six direct reports with responsibility for day to day oversight of the claims, customer service, network and provider service, information systems, human resources (organizational development), and administrative services operations (facilities), as well as the operational oversight of several delegated entities (PBM; BMHO;DME Supplier,etc.),and supported all areas reporting directly to the CEO. Page 25 of 1023 • Cut bottom line unit cost from$2.88 per-claun processed in FY 1991 to$1.38 for FY 1999(52.1%) EARL M HARPER PAGE THREE Vice President:Medicare Division(1992-1998) This role was responsible for the leadership and oversight of the division charged with the administration ol'the Medicare Part- B contract with CMS for Puerto Rico and the U.S. Virgin Islands. Managed all related strategic planning, ongoing quality/process improvement initiatives and day to day operations. The position reported directly to the CEO and Medicare committee of the Board. Assistant Vice President:Quality Control&Corporate Planning(1990-1992) Created and developed the Quality Control mud Corporate Plaimiiig Division Nvithin the first year. • Created mud implemented a comprehensive employee development program. • Developed the departmental processes and procedures. • Reengineered the group renewal process,the premium collection process,and the credit validation process. EDUCATI0IV Jacksonville University-Jacksoindlle,Florida MBA 1990 Eckerd College-St. Petersburg,Florida BA "Business Administration&Management" 1983 R 1 ,RF.N - Available upon request BOARD, CIVIC&COMMUNITYINVOL I T, ENT ACODESE(Insurance Industry Association of PR)Board Member MMAPA(Medicare Advantage Association of PR)Board Member American Cancer Society,PR Chapter Red Cross,PR Chapter Muscular Dystrophy Association,PR Chapter Hogar San Jose de la Montana(Catholic Girls Orphanage),PR Alzheimer's Family Center(Margate,Florida) Page 26 of 1023 Cherry-Guberman, Catherine From: faithmariah101 <noreply@123formbuilder.io> Sent: Monday, February 24, 2020 6:55 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 02/24/2020 Name Faith Kinlaw-Hamilton Phone number 561-516-4287 Address Boynton Beach FL 33435 United States Email faithmariah101@gmail.com Current occupation or, if 7th Grade student at Congress Middle retired, prior occupation Education 7th Grade student at Congress Middle Are you a registered voter? No Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes",name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Education and Youth Advisory Board Personal Qualifications I am a 7th grade advanced student at Congress Middle in Boynton Beach. I am interested in serving my community by way of joining this board to be a voice for the youth. Professional Memberships Feel free to attach/upload an extra sheet or resume. Page 27 of 1023 Certification |,the applicant, hereby certify that the statements and answers provided herein are true and accurate. | understand that, ifappointed,anyfa|sestatementsn1aybecause for removal from eboard. The message has been sent from 1S1.13Z.1O52O1(United States)at2U20-OZ-Z41O:S4:33onChrome 8O.0.39O7.95 Entry ID:377 Referrer: Form Host: 2 Page 28Of1023 Cherry-Guberman, Catherine From: Valerie Valcourt <valerie.valcourt@palmbeachschools.org> Sent: Wednesday, March 04, 2020 9:09 AM To: Cherry-Guberman, Catherine Subject: Re: Education and Youth Advisory Board Hi Miss Cherry, Thank you for the information! The address is the following. 410 NW 16th Avenue Boynton Beach, Fl. 33435 My niece would also like to submit the following statement for consideration. My name is Faith Kinlaw-Hamilton. I have lived in the heart of Boynton my whole life. I attended Galaxy E3 Elemantary and I am currently an honor student at Congress Middle. I would love to be apart of the Education and Youth Advisory Board to support my city.Thank you for considering me for this position. I look forward to hearing from you. On Wed, Mar 4, 2020 at 8:42 AM Cherry-Guberman, Catherine<CherryC@ bfl.us>wrote: Greetings Dr Valcourt, 1 apologize for the delay. Yes, students applying to the Education and Youth Advisory Board need to supply their street addresses.When it is received,they will be submitted to the City Commission for appointment. Best, C ? i11e C he r"), _,.. ci,(v k'=r ( .f t p 1" { , I t, '10 l F G`vi7t)?i"i i loridci ';"11/1)5 P'I � 1 A("':dre' �- 3301 Quanturn Blvd. Suite 101 1 Boynton Beach, Florida 33426 w efix iiF)IV4 II-)L" ,5 E;C.i'VIIII)if i Page 29 of 1023 Cher Guberman, Catherine From: ace <noreply@123formbuilder.io> Sent: Thursday, February 27,2020 5:17 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: ATR_resume_2020.pdf Today's date 02/27/2020 Name Ace Tilton Ratcliff Phone number 561-376-3640 Address 142 SW 13th Avenue Boynton Beach FL 33435 United States Email ace@stayweirdbekind.com Current occupation Freelance journalist; co-owner of Harper's Promise, in-home veterinary practice focused on pet or, if retired,prior euthanasia, hospice,and palliative care occupation Education AS in funeral services, American River College,Sacramento,CA; BA in political science, University of Central Florida, Orlando, FL Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within CityYes limits? If"yes", name of Harper's Promise business: Are you currently serving on a City No board? Have you served on a City board in the No past? If"yes",which N/A board(s)and when? Have you ever been No convicted of a crime? Page 30 of 1023 If"yes",when and N/A where? Advisory Board Library Board Personal I am a Boynton Beach resident who was raised here from childhood. I spent a decade in the Bay Qualifications Area,California, before returning to Boynton Beach with my husband and relocating our business. I am the kind of person whose first task whenever I move somewhere new is to get my library card, and the library card gets put to good use on a daily basis. (I've had a 52-book annual goal since 2010.)As a small business owner and freelance journalist, I also know what it means to stay organized and on-task. Professional Please see attached resume. Memberships Feel free to attach/upload an http)s:l/www.123formbuilder,com/uload dld. hl-)?fileid=b55842e0d,2433a02a270df7e59e9e15c 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 73.205.115.115(United States)at 2020-02-27 17:17:15 on Chrome 80.0.3987.122 Entry ID:379 Referrer:htt): www bo uton-beach.orp,/boards-and-committees Form Host:httss-L�'www 123formbui,l,der.com/form-583214/Advisory Bgoa,r Alaj�ointment-Apl,-)lication 2 Page 31 of 1023 u 311", 142 SW 13th Avenue Boynton Beach, FL 33435 561-376-3640 1 ace(cDstayweirdbekind.com I @mortuaryreport Ace is a freelance writer and vocal social advocate who has translated their years of experience in the funeral industry into a co-owned veterinary practice focused on in-home pet euthanasia, hospice, and palliative care. Their advocacy is centered around intersectional feminism with a specific focus on disability rights—they live with several rare diseases, including hypermobile Ehlers-Danlos Syndrome. They're passionate about looking for opportunities to educate the public about deathcare, disability, and making the world a more inclusive place. EXPERIENCE&SKILLS Co-founder,Deathcare Advisor Harper's Promise,LLC I January,2018 - Present Harper's Promise is an in-home pet euthanasia,hospice and palliative care practice devoted to helping families throughout the San Francisco Bay Area provide the best possible end of life experience.Ace co-founded the practice with their partner,Dr.Derek Calhoon(a veterinarian),after the death of their chihuahua,Harper—the best-worst dog ever.Ace applies years of funeral industry expertise to working in conjunction with Derek to enhance quality of life for chronically ill pets while providing dignity, comfort,and control through the final stages of incurable illness for those that are terminally ill.Ace and Derek keep Harper's Promise by helping provide pets a good death,which is an integral part of a good life. CEO Stay Weird,Be Kind Studios I December, 2011 - Present Ace's work as a freelance writer has spanned topics from deathcare to disability and beyond.Ace has written about disability inclusion and representation for places like Romper,Mic,Narratively,Catapult, The Establishment,Eater,io , uffinto .Post, ttc Media,SELF Magazine,and Bustle.Ace's deathcare industry expertise for both pets and humans has been documented by SELF Magazine, Dirge Magazine and funeralOne. Ace's essay"Who Gets to Say#MeToo?"was published in Fireside Fiction's,Fireside Quarterly July 2o18 edition.Ace's essay"Nihil De Nobis,Sine Nobis"appeared as part of Uncanny Magazine's Kickstarter campaign for Disabled People Destroy Science Fiction.Ace's short story,"Dog Years,"is upcoming in Fireside Fiction's Fireside Quarterly March 2020 edition.Ace's short story"The Ritual,"appeared in Phobos Magazine.Ace's poetry has been published in Breath&Shadow. Ace has been featured in an unworthy video which garnered more than 3.4 million views.Their voice as a disability activist has also been featured in The Economist,The Guardian,and Chuck Wendig's terribleminds.Ace partnered with Verizon and Getty Images to be part of The Disability Collection.Ace was a panel expert at The Next Page conference in partnership with Kickstarter. Ace has been featured on several podcasts,including Flash Forward,Andrew Gurza's Disability After Dark,Maximum Fun's Reading Glasses and WNYC's Note to Self.Ace was featured in conversation with Alice Wong from the Disability Visibility Project for StoQiCorps. Ace has worked as a sensitivity reader for Random House, Rosen Publishin,M, Blazn Griffin,and Hugo-Award winning author Mary Robinette Kowal. Page 32 of 1023 Funeral Director, Embalmer,&Crematory Operator Parent-Sorensen Mortuary&CrematoryI January, 2014 -August,2015 Wilson&Kratzer Mortuaries I October, 2012 — January,2014 Smith&Witter Funeral Home I January, 2012 —August, 2012 Boynton Memorial Chapel I May,2010 -August, 2010 Ace had direct responsibility for administrative and organizational management in addition to fast-paced event planning and production with extremely tight deadlines.She has superlative customer relation skills under demanding and stressful circumstances.She coordinated legal paperwork at a county,state,and national level,with a focus on calendar,budget and contract management.She flexibly worked between three office locations in addition to remote,after-hours telephone work.She provided necessary support to a tightly knit team when not working independently.She conceptualized funerals for thousands of families from a multitude of ethnic and cultural backgrounds after in-depth,personal phone and onsite interviews and conferences.She completed a rigorous and extremely demanding two-year embalming apprenticeship. Junior Technical Writer I October,2016 - November,2017 Nominum,Inc. Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end-users-typically system administrators.She standardized content across platforms,revised documents,and clarified instructions to make documentation easier to use.She is proficient in Jira software for ticketing systems and Madcap Flare for document creation.She is willing and able to learn any new software or programs required. Director of Customer Services I August,2015 - October, 2o16 Sunfed,Inc. Ace was a combination event-coordinator,customer service representative,and salesperson,providing innovative service by using over 14-years of experience in situational analysis to create repeat-customer loyalty.She was in charge of all advertising and social media campaigns,including all written communications released by the company.She implemented multiple high-level,marketing-oriented processes and procedures,with a strong focus on social media maintenance across multiple major platforms. Sales Representative,Marin Area I June,2o16- October,2016 Bumblebee Vape Ace coordinated and managed the entire Marin,Napa,and Sonoma County sales areas,a territory encompassing over 20 brick-and-mortar access points and delivery services.She acquired and maintained knowledge of company history and its products.She reliably handled routine sales transactions in excess of thousands of dollars.She coordinated and maintained records of all sales and transactions.She honed her ability to work well with a team to maximize customer satisfaction. ACTIVITIES&ORGANIZATIONS IAAHPC Member Crisis Text Line Volunteer Gene Rittburg Memorial Bocce Tournament Board Member National Funeral Directors Association Vallejo&Crockett Chamber of Commerce Member A New Hope for Kids Grief Facilitator Solano County Library Services Literacy Program Volunteer California Funeral Director Association Scholarship Recipient € CAI ION American River College,Sacramento,CA-A.S.,Funeral Services 2012 University of Central Florida,Orlando,FL-B.A.,Political Science 2010 Page 33 of 1023 Cherry-Guberman, Catherine From: DaleSugerman <noreply@123formbuilder.io> Sent: Wednesday, March 11, 2020 11:02 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/11/2020 Name Dale Sugerman Phone number Address United States Email Current occupation or,if City/Town Manager and/or Assistant City Manager and/or Interim City Manager retired, prior occupation Education Ph.D. in Global Leadershi Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City NO board in the past? If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Building Board of Adjustment&Appeals Personal Qualifications Dale Sugerman, born and raised in Cleveland, Ohio, has spent his entire professional career in local government management. He has served both small and mid-size communities over a 42-year career working in Missouri, Ohio, and lastly Florida;where he has lived and worked for the past 32 years. Dale retired from service to local government on December 31st of 2019. Dale worked for the City of Boynton Beach from 1994 until 2005 either as the Assistant City Manager or the Interim City Manager. 1 Page 34 of 1023 Professional Memberships Dr. Sugerman earned a Bachelor of Science Degree in Political Science from the University of Cincinnati, a master's degree in Public Administration from the University of Missouri-Kansas City, and a Ph.D. in Global Leadership from Lynn University. He is also a graduate of the Senior Executive Institute at the University of Virginia. Dale in both a Credentialed Manager and a Lifetime Member of the International City Management Association, a Lifetime Member of the Florida City and County Management Association, and a current member of the Palm Beach County City Management Association. Feel free to attach/upload an extra sheet or resume. Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.1.107.188(United States) at 2020-03-1110:01:54 on Edge 18.17763 Entry ID: 384 Referrer: https://www.boynton-beach.org/boards-and-committees Form Host: https://www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 35 of 1023 Cher Guberman, Catherine From: inatrueheart <noreply@123formbuilder.io> Sent: Monday, March 02, 2020 8:42 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/02/2020 Name Ina Trueheart Phone number 561-302-3213 Address 100 NE 6th Street Unit 207 Boynton Beach FL 3345 United States Email inatrueheart@outlook.com Current occupation or,if Sales retired, prior occupation Education BS from URI Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Senior Advisory Board Personal Qualifications I have been working with seniors for over a decade as a Sales& Marketing Director in Independent,Assisted Living and Memory Care Communities. I am now doing business development for SeniorBridge-hel ping to keep seniors cared for and their families in the know. I have a passion working with this population,and have plenty of insight to be of value to this board.Thank you for your consideration. Professional Memberships Page 36 of 1023 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 205.145.107.68(United States)at 2020-03-02 08:42:07 on Internet Explorer 11.0 Entry ID:380 Referrer:https://www.boynton-beach.or /bo rds-and-committees Form Host. httr)s://www.123formbuilder.comLform-,5,43214/Advis.ol.r)L-,B9 d-N ointment-Application 2 Page 37 of 1023 6.A. Consent Agenda 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Legal Expenses- February 2020- information at the request of the City Commission. No action required. Explanation of Request: Outside counsel most recent invoices received thru Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Attachment Goren Cherof Doody & Ezrol February 2020 1 nvoices Attachment Goren Cherof Doody & Ezrol February 2020 Risk Litigation Invoices Attachment Outside Counsel January 2020 invoices Page 38 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0603180 Suite 101 STATEMENT NO: 30231 Boynton Beach FL 33426 Attn: Lynn Swanson LABOR- General HOURS 02/21/2020 SHB Review and revise separation agreement. 1.00 02/27/2020 SHB Revise and update sexual harassment training. 1.00 FOR CURRENT SERVICES RENDERED 2.00 410.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 2.00 $205.00 $410.00 TOTAL CURRENT WORK 410.00 BALANCE DUE $410.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 39 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0806020 Suite 101 STATEMENT NO: 30232 Boynton Beach FL 33426 Attn: Lynn Swanson Red Light Cameras HOURS 02/01/2020 PE Prepared 82 Boynton Beach notices for SHB approval for 2/11/20 hearing 5.00 02/02/2020 PE Converted Boynton Beach notices to PDF/A and e-filed 45 notices for 2/11/20 hearing 5.20 02/03/2020 SHB Review and approve NOls. 0.40 PE E-filed remaining BB notices for 2/11/20, changed date of notices, convert to PDF/A and print pro se notices for mailing. 5.90 02/07/2020 PE Prepared 1 notice for Boynton beach 2/11/20 hearing for SHB approval. Converted to PDf/A. 0.20 SHB Review and approve NOls. 0.10 02/14/2020 PE Sort organized and prepared Boynton Beach notices 2.80 SHB Review and approve NOls. 0.30 02/15/2020 PE Completed the preparation of Boynton Beach notices, converted to PDF/A and e-filed. 3.50 02/21/2020 SHB Prep for Donovan trials. Review 3 case dockets, pleadings, motions, and case law. 1.00 02/25/2020 SHB Receive and review transfer affidavit from Held. Forward to PD for review and processing. 0.30 02/26/2020 SHB Attend trial at Delray courthouse. 4.00 02/28/2020 PE Sort organized and prepared Boynton Beach notices for 3/10/20 hearing for SHB approval 3.20 FOR CURRENT SERVICES RENDERED 31.90 4,475.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 6.10 $205.00 $1,250.50 PATRICIA EUGENE 25.80 125.00 3,225.00 Photocopies 10.15 Page 40 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-0806020 STATEMENT NO: 30232 Red Light Cameras TOTAL EXPENSES THRU 02/29/2020 10.15 TOTAL CURRENT WORK 4,485.65 BALANCE DUE $4,485.65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 41 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9001821 Suite 101 STATEMENT NO: 30233 Boynton Beach FL 33426 Attn: Lynn Swanson General Matters HOURS 02/03/2020 JAC agenda review and prep for meeting; review pending litigation status-misc cases 3.80 02/04/2020 HN Review of template parks agreement related to the Juvenile Transition Program Director. Phone call to Lynn Swanson to discuss agreement. Phone call to Assistant Director of the Parks Department Kasey Young and discussion of lease or facility use agreement with Young Men of Distinction at the recreation center. Draft of lease agreement 1.70 DS Discussed COO revisions with American Legal representative. Discussed Davis Special Event Permit with JAC. Drafted email for JAC related to Davis Special Event Permit with documentation and sources attached. 0.60 JAC prep for and attend Commission meeting; review muni election/SOE indemnification correspondence; review turn lane/FDOT requirements; 5.00 SHB Follow up with PRR matters; Telephone conference with clerk. 0.40 02/05/2020 HN edits and draft of facility use agreement with young men of distinction 1.90 MDC Review issues with SOE Agreement, correspondence with TB. 0.40 JAC commission meeting follow up 1.00 02/06/2020 SHB Attend meeting at City Hall re: chronic nuisance matters. Follow up re: pending BTR matters. Follow up re: PRR matters. 5.50 SMS review of Unity of Title 0.40 DS Drafted email response to American Legal. 0.10 HN Edits of young men of distinction agreement with the parks department. 0.50 MDC Exchange correspondence with Palm Beach County SOE. 0.30 JAC review mobility fee issues and County/Gardens documents re: same; review procurement-piggy back addendum issue 1.50 02/07/2020 HN Phone call discussion with Assistant Director Kacy Young regarding a facility use agreement. Follow up email to JAC re: status. 1.40 QEM Review, evaluation and respond to inquiry re: Addendum to ATL Agreement from Mr. Wood; review, evaluation and respond to inquiry from Assistant Parks Director re: Recreation & Parks Instructor Agreement. 1.60 JAC review CRA sunset issue; review need for contract w/piggyback issue per RW email; review ACAtty assignments and status; review Ted G speaker contract; discuss indemnification issue with MC re: SOE agreements 2.80 MDC Exchange emails with County Attorney on SOE Agreement. 0.30 02/10/2020 SMS review ILA affecting the Parkside Townhomes on Quantum Blvd; call with counsel for real property at Parkside Townhomes; review title work requirements for the dependent district monetary requirements 2.30 Page 42 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 30233 General Matters HOURS QEM Review of ATL agreement documents provided by staff and respond to Ms. Swanson re: status of prior reviews. 1.30 JAC review mobility fee matter; research re: same ; emails with LL and CD; review master software agreement and discuss with QM; review; review potential elections issues and canvassing board issue 3.80 DS Researched Code of Ordinances and historical information re: ability for individual to sit on more than one advisory board. 1.00 SHB Follow up with City re: pending reasonable accommodation requests. 0.60 02/11/2020 HN Review of template facility use agreement and follow up email to JAC. 0.70 DS Reviewed and analyzed City Code re: Special Event Permit appeal process. Reviewed and analyzed Special Event Handbook,the Davis Appeal letter, and Fla. Stat. 509.013 and 500.12. Drafted email response to J.A.C. Discussed revocation of Special Event Permit with J.A.C. Typed email response for the City re: Davis BBQ Special Event Permit appeal. Participated in confrence call with City re: Davis BBQ appeal response. Reviewed and analyzed Code Section 2-79. Drafted Appeal Reply letter. Reviewed and analyzed City Code re: Historic Resources Preservation Board and the CRA. Reviewed and analyzed Florida case law related to quasi-judicial and quasi-legislative decisions. Typed email response to the City containing Code and case law research findings. Discussed American Legal's response re: Code of Ordinance revision inquiry with J.A.C. 4.60 QEM Begin review of Ted G speaker contract documents. 1.10 SMS revised issues with real property located at 2319 federal hwy 0.50 JAC review and conf call with LL re: special event process and reply to Davis Family ongoing events; agenda item review; review Les Stevens Taco Bell issues letter and discuss with SS and DJD; review High Ridge CC art issue/dispute 3.90 02/12/2020 SMS calls with counsel for property in Quantum Townhomes Community related to amount of assessment owed for Quantum Park Overlay District; calls with staff related to upcoming assessments due for property owners within the district 0.60 DS Reviewed and analyzed City Code and Resolution related to the creation of the CRA Advisory Board. Drafted email response to the City. 0.40 JAC agenda review; general assignments administration; review with ACityAttys; review Bd membership issue with DS; 4.20 SHB Follow up with staff re: reasonable accommodation request matters. 0.30 02/13/2020 SMS call with counsel for real property at 2319 S. Federal Hwy related to Taco Bell site; review conditions for building permit for taco to confirm necessary documents; review property appraiser and official record info on 2319 S. Federal Hwy 1.40 HN Meeting with Jim to go over template facility use agreement for the parks and recreation department. Edits of facility use agreement and follow up email to risk manager Julie Oldbury cc JAC and Lynn Swanson. 0.80 JAC agenda item review, revision and approvals; reveiw email atty for St Marks re: lease extension; follow up with atty for SOE re: indemnification clause and agreement-finalize same; 4.40 DJD Address issues with Taco Bell. 0.40 02/14/2020 QEM Finalize Ted G contract; direct transmittal to staff. 2.20 Page 43 of 1023 Page: 3 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 30233 General Matters HOURS QEM Follow-up on the status on the PBC National Prescription Opiate Litigation. 0.30 JAC office administration and meeting schedule calls; call with LL re: St Marks lease proposal; review pleading index, misc cases; emails with SOE atty re: use of City indemnification clause; review revised m/dismiss-Priority towing 2.20 02/17/2020 SMS review property information for 2319 S Federal Hwy on questions posed for Taco Bell Development 0.70 JAC agenda review; review follow up from SOE atty re: agreement; misc review of ACityAtty assignments and cases 2.70 02/18/2020 JAC prep for and attend Commission meeting; review Click2 issue; review bushes/sign obstruction issue; review Greyshift contract issue; review status of assignments review QPODD assignment of contracts and deed issues 6.20 SHB Follow up re: pending reasonable accommodation agreements. 0.60 02/19/2020 SMS call with opposing counsel on taco bell development; calls and correspondences to staff related to taco bell development requirements 0.50 JAC Onsite conferences re: Jean-Batiste settlement; office administration; records review for transfer; conf re: St. Marks lease and correspond offer to Diocese atty 8.00 02/20/2020 SMS Taco Bell Development 1.40 QEM Review of update re: City of Boynton Beach R20-001 &Addendum to ATL Agreement. 0.20 HN Review of email from Lynn Swanson re: subpoena request related to Millie Barr's medical records. Review of Florida Rules of Civil Procedure and follow up email to Lynn cc JAC and SHB. 0.70 DJD Address issues with development of Taco Bell. 0.50 JAC Review P&Z Board Agenda; review library computer kiosk contract documents and sole source issue; review Katz& Katz letter; review Oyer Park issues; review chilled water contract form; follow up with RL re:. bond documents for M. Raymond review. 5.20 02/21/2020 SMS review of ground lease and site plan for taco bell development; call with counsel for real property owner of taco bell property related to requirement to have a Cross Access Easement; review Development Order for Taco Bell Site plan 1.10 JAC review cases status; pleadings and hearing/trial schedules; discuss w ACity Attys; agenda review; follow up re: mobility fee disputes and 164 process; review High Ridge art fee disputes: review Girl Scout Park code compliance issues; 4.20 02/24/2020 QEM Review and evaluation of handicap parking ticket fine issues. 1.90 SMS call with counsel for real property owner on Taco Bell Development related to Development Order and conditions of approval; review Development Order for conditional use for Taco Bell; review minutes of meeting for Taco Bell conditional use approval for acceptance of the conditions of approval 1.30 DS Reviewed Agenda for 2/25 Planning and Development Meeting. 0.20 JAC Review pending procurement issues; call with LS re: office administrative issue; discuss pending foreclosure cases with HN. 2.10 02/25/2020 QEM Review of additional municipality handicap parking ticket fees and costs. 0.80 Page 44 of 1023 Page: 4 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 30233 General Matters HOURS DS Prepared for Planning and Development meeting. Reviewed Sunshine presentation. Reviewed and analyzed Florida Statutes and Palm Beach County Ethics Commission Opinions related to conflict of interest for Advisory Board members. Discussed Agenda with Q.E.M. Attended Planning and Development Board meeting. 3.80 JAC review agenda items; discuss Bd order with HN; 1.60 SHB Telephone conference with City staff re: public art and code enforcement matters; review correspondence from Dobay. Various correspondence re: reasonable accommodation matters. Receive and review inquiry re: ZMart agreement; review agreement and follow up with staff. 2.60 02/26/2020 SMS review title opinion for Unity of Title of 409, 417, and 425 E. Martin Luther King 0.40 JAC agenda item review; review BBA&A board order 1.40 DJD Review proposed resolution. 0.40 02/27/2020 QEM Review of email correspondence from staff re: Inquiry on fine for 14-9 Handicap Violation. 0.30 SMS correspondences related to Taco Bell Development and requirements of development order; review cross access easement and unity of title 1.40 JAC review commission agenda items; discuss Tyler contract issues; emails re utilities software PO and jurisdiction 2.20 SHB Follow up re: public art matters. Review agenda items. Follow up re: chronic nuisance matters. 2.00 02/28/2020 SMS review cross access easement and unity of title for taco bell development 0.60 JAC review agenda and prep for meeting; review with attys re: pending assignments 2.20 SHB Conduct sexual harassment training. Follow up re: public records matters. 4.00 FOR CURRENT SERVICES RENDERED 127.40 17,937.50 TOTAL CURRENT WORK 17,937.50 BALANCE DUE $17,937.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 45 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9904908 Suite 101 STATEMENT NO: 30234 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Unsecured Creditors of Tribune Company HOURS 02/13/2020 BJS Review correspondence from the Court 0.30 02/17/2020 BJS Review of federal docket, review of order and mandate re: appeals, review file and draft follow up correspondence to the City 2.00 FOR CURRENT SERVICES RENDERED 2.30 471.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 2.30 $205.00 $471.50 TOTAL CURRENT WORK 471.50 BALANCE DUE $471.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 46 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9904936 Suite 101 STATEMENT NO: 30235 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Olen Properties Corp., et al HOURS 02/03/2020 JAC Review re: status conference and prevailing party issue 0.60 02/06/2020 JAC Review final order and post litigation follow up 1.20 FOR CURRENT SERVICES RENDERED 1.80 369.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.80 $205.00 $369.00 TOTAL CURRENT WORK 369.00 BALANCE DUE $369.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 47 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9904950 Suite 101 STATEMENT NO: 30236 Boynton Beach FL 33426 Attn: Lynn Swanson Litigation Miscellaneous HOURS 02/04/2020 TAD Receipt and review of ordinance re: foreclosure issue. Review AG opinion re: same. 0.80 02/07/2020 BJS Telephone call with Manisha Maraj and legal research re: Return of Firearms 1.00 GB Meeting with TAD regarding status of litigation files and things we need to do to move cases along. 0.90 TAD Meet with GB re: claim information and activity and strategies moving forward. 1.20 02/10/2020 BJS Follow up re: Return of Firearm 0.40 02/11/2020 HN Review of Building Board of Adjustment and Appeals agenda for 2/18. Review of 9/25/19 meeting minutes. Follow up email to JAC. 1.80 HN 02/12/2020 BJS Follow up re: Cancellation of Hearing/Javiel Ortiz/Return of Firearm 0.30 TAD Meet and confer with City re: claims information and status of requests. 1.20 02/13/2020 HN Meeting with JAC re: 2/18 Boynton Beach Board of Adjustments &Appeals hearing regarding the Ho property. Review of September 25, 2019 Order Granting Stay of Demolition. Review of minutes from the August 14, 2019 meeting. Phone call conversation with Shane Kittendorf re: the 2/18 hearing and whether the Ho's submitted the needed documentation. Follow up email to JAC cc Lynn Swanson. 1.20 02/14/2020 HN Review of Section 116 re: unsafe structures of the Palm Beach County Amendments to the Florida Building Code (2017). 0.40 02/17/2020 HN Meeting with JAC re: tomorrow's Board of Adjustment and Appeals (Ho property). Review of minutes from prior meetings, board order and engineers report, application and applicant's back-up, and 2017 Boynton Beach administrative amendments. Review of Section 116 re: unsafe structures and equipment of the Palm Beach County Amendments to the Florida Building Code. 2.30 02/18/2020 HN Preparation and attendance of Building Board of Adjustment and Appeals related to the Ho property. Follow up phone call and email to Shane Kittendorf. Review of Section 113 in the Palm Beach County Amendments to the FBC and the Boynton Beach Amendments to the FBC. Follow up email with legal analysis to JAC. 3.70 Page 48 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 30236 Litigation Miscellaneous HOURS IR Receipt, review and process of several new litigation matters, from the City of Boynton Beach; prepared paralegal files and set up trial tracking charts; 1.10 02/19/2020 HN Review of Shane Kittendorf's email regarding the 2/18/2020 Building Board of Adjustment and Appeals meeting (Ho Property). Response email to Shane. 0.10 GB Read the Daubert Expert Standard article sent by LS from Bar Journal. 0.40 02/21/2020 BJS Telephone call with Manisha Maraj, telephone call with State Attorney's Office, legal research and follow up re: Motion to Compel 1.20 HN Review of Lynn Swanson's email re: the Building Board of Adjustment and Appeals Order to demolish the Ho's property. Response email to Lynn and a follow up phone call. Review of minutes from the 2/18/20 Building Board of Adjustments and Appeals Meeting. Phone call to Lynn Swanson requesting a change to the minutes. 0.50 02/24/2020 HN Revie of Lynn Swanson's email re: republishing notice of demolition. Review of the Palm Beach County amendments to the FBC and the Boynton Beach amendments to the FBC. Review of the title report for 1101 N. Federal Highway (Karen and Wing Ho's property). Follow up email to JAC with legal analysis. Review of Lynn Swanson's email and of drafted order removing stay of demolition related to the Wing Ho and Karen Ho's property. 2.60 TAD Receipt and review of information on claim, incident report and photographs. Review claim information re: meeting with City. 0.80 02/25/2020 HN Edits of Building Board of Adjustment and Appeals order regarding Wing Ho and Karen Ho's property. Review of the meeting minutes from September 25, 2019 and February 18, 2020. Follow up communication to JAC. 1.80 02/26/2020 HN Review of emails from Lynn Swanson related to the Building Board of Adjustments Order related to Wing Ho and Karen Ho's property. Response email to Lynn cc JAC. 0.20 TAD Meet and confer with the City re: claims handling issues. Receipt of correspondence re: records responsive to records request. Review records for matter involving claim. Confer with City re: same. 1.80 02/27/2020 BJS Telephone call with Jessica re: Records/Manaj 0.30 02/28/2020 HN Meeting with Jim to discuss the 2/18/20 Building Board of Adjustments Order. Review of Boynton Beach FBC and edits of order. Review of minutes from the 9-25-19, 2-18-20 hearings before the Board. Meeting and edits of order. Email to Lynn Swanson with revised order cc JAC. 3.70 JAC review and revise draft order/ Bd Bd of A&A 0.40 FOR CURRENT SERVICES RENDERED 30.10 6,082.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.40 $205.00 $82.00 HEATHER NEEDELMAN 18.30 205.00 3,751.50 GAL BETESH 1.30 205.00 266.50 INGRID RIERA 1.10 125.00 137.50 BRIAN J. SHERMAN 3.20 205.00 656.00 TRACEY A. DECARLO 5.80 205.00 1,189.00 Page 49 of 1023 Page: 3 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 30236 Litigation Miscellaneous Photocopies 39.55 TOTAL EXPENSES THRU 02/29/2020 39.55 TOTAL CURRENT WORK 6,122.05 BALANCE DUE $6,122.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 50 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905248 Suite 101 STATEMENT NO: 30237 Boynton Beach FL 33426 Attn: Lynn Swanson Purchase of Parry Village Utility System HOURS 02/03/2020 SMS review letter and notice from Margaret Doyle; review letter and notice from John Cote Revocable Trust; correspondences with staff related to letters and notices 1.30 02/04/2020 SMS review executed Water Service Agreements 1.40 02/05/2020 SMS review executed WSA Agreements; correspondences related to Property Owner of Lot 104 1.40 02/06/2020 SMS review executed WSAs 0.60 02/07/2020 SMS review of Lot 40 self drafted documents for compliance with City requirements; call with staff related to outstanding WSAs 1.40 02/12/2020 SMS draft letter to property owners where documents are outstanding; calls with staff related to necessary documents for closing; call to opposing counsel related to closing; review spreadsheet on outstanding property owners 1.60 02/13/2020 SMS review water service agreements; draft letter to residents who recorded easements themselves 0.60 02/14/2020 SMS review Bill of Sale from counsel for Parry Village; review asset purchase agreement for requirements for transfer 2.60 02/17/2020 SMS correspondences with opposing counsel related to Facilities Map; review of facilities map and bill of sale and assignment; review WSAs; review revised Bill of Sale; review of Opinion of Counsel necessary for closing 2.70 02/18/2020 SMS call with staff related to easements on Parry Village property; correspondences with opposing counsel on assignments of easements; review property records and Site map for any assignments of easements necessary outside of the designated lots 1.30 02/19/2020 SMS review/revise Assignment of Non-Exclusive Easement Agreement; review Opinion of Counsel; correspondences with opposing counsel on documents required for closing; correspondences with staff on Assets being transferred; finalize letters to residents providing for their own easement agreement 2.80 02/20/2020 SMS review revisions to Assignment of Non-Exclusive Easement Agreement 0.70 Page 51 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905248 STATEMENT NO: 30237 Purchase of Parry Village Utility System HOURS 02/21/2020 SMS correspondences with staff related to acquiring facilities 0.20 02/24/2020 SMS correspondences with opposing counsel related to closing and outstanding items 0.20 02/28/2020 SMS correspondences related to closing; finalize closing docs for circulation; review updated spreadsheet 1.10 JAC review status w/SS and evaluate closeout of purchase 0.80 FOR CURRENT SERVICES RENDERED 20.70 4,243.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 SEAN M. SWARTZ 19.90 205.00 4,079.50 Photocopies 1.40 TOTAL EXPENSES THRU 02/29/2020 1.40 TOTAL CURRENT WORK 4,244.90 BALANCE DUE $4,244.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 52 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905263 Suite 101 STATEMENT NO: 30238 Boynton Beach FL 33426 Attn: Lynn Swanson Town Square Development HOURS 02/03/2020 RLL Further conversations with title examiner regarding proper title product needed for application to donate right of way. 0.40 02/05/2020 SMS meeting on donation of ROW; review sketch of ROW; review application requirements for opinion of title 0.80 RLL Begin examination of title work received on turning lane. 1.00 02/06/2020 RLL Examination of title work for parent tract parcel containing turning lane parcel to be donated. 1.50 SMS review title work for drafting of opinion of title for ROW dedication 0.30 02/07/2020 RLL Contact title examiner regarding revisions needed to title search report; review revised title search report; begin preparation of title opinion letter; attend conference call with SMS and client to discuss title work needed on property; order title search report on Parcel 2 of Town Square property. 2.00 SMS review Title Work on parent tract for title opinion on Dedicated ROW; conference call related to dedication of ROW 1.10 02/10/2020 RLL Telephone calls to and from Florida Department of Transaction to obtain clarification of title requirements for donation of right of way. 0.50 DJD Review documentation relative to North Garage; address reconveyance of title from JKM North to City. 1.30 02/13/2020 DJD Review email and attachments transmitted by Colin Groff; review of existing documentation. 0.80 02/14/2020 JAC Call with LL, CD, MF re: new garage financing, special assessments, and bond transactions; review M. Raymond email; being review of CFP bond covenants; begin review of garbage repurchase contract options 2.30 DJD Review Memorandum of Understanding Parcels 1,2, 3 and 4-with JKM (North) and JKM (Central). 1.20 02/17/2020 RLL Research file for terms of Development Agreement as to payment for parking license agreement. 0.50 JAC review base documents for revisions and prep for call with JKM atty 1.70 DJD Review Development Agreement. 0.60 02/18/2020 SMS review FDOT extension and correspondences related to ROW dedication; correspondences with staff on A/C repair; review Lease Agreement/First Amendment/Assignment for 2045 High Ridge on A/C Unit repair/replacement 2.00 Page 53 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905263 STATEMENT NO: 30238 Town Square Development HOURS DJD Review terms of Development Agreement. 0.50 02/19/2020 SMS review correspondences between Landlord and City for AC unit on PD property; review Lease Agreement and amendment 0.80 02/21/2020 RLL Review extensive title search on Parcel 2 and request clarifications from title examiner; work to prepare opinion of title. 2.70 JAC review and calls re: status of revised plans; prep re: agreement revisions; 1.20 02/24/2020 SMS review of title work for FDOT dedication and FDOT Requirements 0.70 JAC Follow up on project revisions and need to revise documents. 0.80 02/25/2020 RLL Review title work with DJD. 0.40 SMS call/review on JKM involvement on FDOT dedication of ROW 0.20 DJD Address Boynton Beach Blvd dedication. 0.70 FOR CURRENT SERVICES RENDERED 26.00 4,610.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 6.00 $205.00 $1,230.00 D.J. DOODY 5.10 205.00 1,045.50 SEAN M. SWARTZ 5.90 205.00 1,209.50 RACHEL L LEACH 9.00 125.00 1,125.00 Photocopies 83.30 TOTAL EXPENSES THRU 02/29/2020 83.30 02/05/2020 Chicago Title Insurance Company - Invoice 8173960 500.00 02/21/2020 Chicago Title Insurance Company - Invoice 8214543 500.00 1,000.00 TOTAL ADVANCES THRU 02/29/2020 1,000.00 TOTAL CURRENT WORK 5,693.30 BALANCE DUE $5,693.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 54 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905278 Suite 101 STATEMENT NO: 30239 Boynton Beach FL 33426 Attn: Lynn Swanson NE 6th Avenue RW Dedication from BBCRA HOURS 02/12/2020 DJD Address Right to Repurchase. 0.60 02/17/2020 DJD Process closing. 1.00 FOR CURRENT SERVICES RENDERED 1.60 328.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 1.60 $205.00 $328.00 TOTAL CURRENT WORK 328.00 BALANCE DUE $328.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 55 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905348 Suite 101 STATEMENT NO: 30240 Boynton Beach FL 33426 Attn: Lynn Swanson Sale to JKM BTS North, LLC HOURS 02/10/2020 RLL Review legals and sketches provided by Colin Groff. 0.40 02/11/2020 RLL Work to organize all documents involved in sale transaction. 1.00 FOR CURRENT SERVICES RENDERED 1.40 175.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RACHEL L LEACH 1.40 $125.00 $175.00 Photocopies 8.05 TOTAL EXPENSES THRU 02/29/2020 8.05 TOTAL CURRENT WORK 183.05 BALANCE DUE $183.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 56 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905383 Suite 101 STATEMENT NO: 30241 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Parrish, Jerry Lee, et., al. (The Bank of NY Mellon) HOURS 02/18/2020 SHB Receive and review Order Setting non-jury trial. Review pleadings. 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 57 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905389 Suite 101 STATEMENT NO: 30242 Boynton Beach FL 33426 Attn: Lynn Swanson Mildred Corporation#1 dba Z Food & Meat Market (Petition for Writ of Certiorari) HOURS 02/19/2020 QEM Review of file and latest status; telephone conference with Mr. Rumpf to discuss matter; telephone conference with attorney for Z-Mart; follow-up with Mr. Rumpf. 1.50 FOR CURRENT SERVICES RENDERED 1.50 307.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL QUENTIN E. MORGAN 1.50 $205.00 $307.50 TOTAL CURRENT WORK 307.50 BALANCE DUE $307.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 58 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905395 Suite 101 STATEMENT NO: 30243 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Heroic Homes, LLC (Vickers, Barbara, et al) (Quiet Title Action) HOURS 02/04/2020 SHB Various correspondence and follow up re: settlement agreement; review and approve agreement. 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 59 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905407 Suite 101 STATEMENT NO: 30244 Boynton Beach FL 33426 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Circuit Ct App Shah, Kirit and Dipka HOURS 02/19/2020 SHB Review administrative orders re: circuit court appeals. Assemble hard copies of pleadings for transmittal to clerk. Correspondence to Clerk and Courier. 1.70 02/20/2020 SHB Transmittal correspondence to clerk and courier re: hard copies of documents. 0.50 02/25/2020 MDC Meet with SHB to discuss appeal. 0.30 SHB Meeting with MDC to discuss case matters and pending pleadings. Begin drafting Motion to Strike. Receive and review inquiry re: lien release. Discuss with JAC and TAD and follow up with attorney Tim Olenn. 1.60 02/28/2020 JAC review status of appeal and pleadings, discuss with SB 0.40 FOR CURRENT SERVICES RENDERED 4.50 922.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.40 $205.00 $82.00 MICHAEL D. CIRULLO 0.30 205.00 61.50 SHANA H. BRIDGEMAN 3.80 205.00 779.00 Photocopies 198.10 TOTAL EXPENSES THRU 02/29/2020 198.10 TOTAL CURRENT WORK 1,120.60 BALANCE DUE $1,120.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 60 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905420 Suite 101 STATEMENT NO: 30245 Boynton Beach FL 33426 Attn: Lynn Swanson V. Goldberg, Howard (Risk Protection Order) HOURS 02/14/2020 SHB Receive and review various correspondence re: out-of-county threats made by Goldberg. Discuss with MDC. 1.00 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 61 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905424 Suite 101 STATEMENT NO: 30246 Boynton Beach FL 33426 Attn: Lynn Swanson adv. AI-Hattab, Andrew (Appeal- RLC Magistrate) HOURS 02/04/2020 SHB Research, drafting, and revision: Answer Brief. Assemble Supplemental Appendix. Finalize and file Brief and Appendix. 4.00 02/07/2020 SHB Receive and review Motion to Strike. Review transcript and supplemental appendix. 2.00 02/11/2020 SHB Review additional documents provided by Andy's and research response options for Motion to Strike. 2.00 02/14/2020 SHB Receive and review reply brief. 1.50 02/21/2020 SHB Assemble briefs and appendix for transmittal to clerk of court. Receive and review Motion for Extension of Time. Receive and review Notice of Filing Omnibus Order. 1.60 02/25/2020 SHB Meeting with MDC to discuss case matters and pending pleadings. Begin drafting responsive pleading. 1.00 MDC Meet with SHB to discuss appeal; status of briefing. 0.30 02/27/2020 SHB Research re: response options to reply brief. 1.00 02/28/2020 JAC review records request related to appeal 0.40 FOR CURRENT SERVICES RENDERED 13.80 2,829.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.40 $205.00 $82.00 MICHAEL D. CIRULLO 0.30 205.00 61.50 SHANA H. BRIDGEMAN 13.10 205.00 2,685.50 TOTAL CURRENT WORK 2,829.00 BALANCE DUE $2,829.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 62 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905430 Suite 101 STATEMENT NO: 30247 Boynton Beach FL 33426 Attn: Lynn Swanson Sale to FH Quantum, LLC - Portion of Water Management Tract"I" HOURS 02/03/2020 RLL Coordinate signing and delivery of seller documents to closing agent; review signed seller documents. 1.00 DJD Address and process closing; review executed documents. 1.60 02/04/2020 RLL Coordinate closing with settlement agent; obtain fully signed closing statement and forward to client. 0.70 DJD Finalize closing. 1.20 FOR CURRENT SERVICES RENDERED 4.50 786.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 2.80 $205.00 $574.00 RACHEL L LEACH 1.70 125.00 212.50 Photocopies 10.15 TOTAL EXPENSES THRU 02/29/2020 10.15 TOTAL CURRENT WORK 796.65 BALANCE DUE $796.65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 63 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905432 Suite 101 STATEMENT NO: 30248 Boynton Beach FL 33426 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foeclosure) HOURS 02/03/2020 HN Review of Defendants Motion for Extension of Time. Email to JAC re: motion. 0.20 02/06/2020 CLD Review of clerk's second rejection of Motion for Default; phone call to clerk's office re: same. 0.30 02/07/2020 HN Review of Motion to extend time and file. Discussion with JAC and MDC re: pending issues of case. Review of Clerk's default of now known tenant Tanasha McDonald. 0.50 02/10/2020 HN Phone call with Adam Temple re: special magistrate hearing date. Follow up email to JAC and MDC. Coordinating special magistrate hearing date. Emails to JAC cc MDC and Adam Temple. Email to Adam Temple asking him to send the notices and draft orders to us for our review. 0.90 CLD Drafted and e-filed Notices of Filing Return of Service (Iva Laurore and Renan Laurore); updated electronic file. 0.30 02/12/2020 HN Review of Adam Temple's email re: special magistrate hearing and mowing liens. Review of Section 10 of the boynton beach code of ordinances. Follow up email to JAC and MDC with legal analysis. Phone conversation with Adam Temple re: special magistrate hearing. Review of draft notice and order. 0.90 FOR CURRENT SERVICES RENDERED 3.10 587.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 2.50 $205.00 $512.50 CYNTHIA L. DUNN 0.60 125.00 75.00 01/14/2020 ASAP Courier- Invoice 378411 119.98 119.98 TOTAL ADVANCES THRU 02/29/2020 119.98 TOTAL CURRENT WORK 707.48 Page 64 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905432 STATEMENT NO: 30248 Laurore, Iva and Renan (Code/Foeclosure) BALANCE DUE $707.48 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 65 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905433 Suite 101 STATEMENT NO: 30249 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ho, Benjamin and Karen (Code/Foreclosure HOURS 02/03/2020 HN Research of legal issues in motion to dismiss. Drafting reply to motion to dismiss. 3.20 02/04/2020 HN Research relating to city commission authority to foreclose. Meeting with JAC with research. 0.90 MDC Review file, miscellaneous research. 0.50 02/05/2020 HN Preparation and meeting with MDC re: special magistrate order to foreclose requirement and other issues raised in Karen Ho's motion to dismiss. Research related to actual notice of hearing. 2.20 MDC Meet with HN on issues with case; review statutes. 0.40 02/07/2020 HN Meeting with JAC and MDC re: filed foreclosure case and special magistrate hearing. Phone call to Lynn Swanson regarding the 2/18 HO BB Board of Adjustments and Appeals. Review of documents re: meeting on 2/18. Phone call and email to Adam Temple regarding special magistrate hearings to foreclose on code liens. 2.30 JAC conf with HN to review status and options; 0.80 MDC Meet with JAC, HN on status of case. 0.50 02/10/2020 HN Phone call with Adam Temple re: special magistrate hearing date. Follow up email to JAC and MDC. Coordinating special magistrate hearing date. Emails to JAC cc MDC and Adam Temple. Email to Adam Temple asking him to send the notices and draft orders to us for our review. 0.90 02/11/2020 HN Emails to MDC cc JAC re: coordination and setting hearing on Karen Ho's motion to dismiss. Research related to condition precedent language. 0.60 CLD Drafted Notice of Hearing re: Karen Ho's Motion to Dismiss; researched and incorporated into the Notice Judge Hafele's procedures for special set hearings; review of online docketing of hearing. 0.50 02/12/2020 HN Review of Adam Temple's email re: special magistrate hearing and mowing liens. Review of Section 10 of the boynton beach code of ordinances related to mowing liens. Follow up email to JAC and MDC with legal analysis. Phone conversation with Adam Temple re: special magistrate hearing. Meeting with MDC to discuss mowing lien question from Adam Temple and review of draft notice and order. 1.30 02/13/2020 HN Case law research re: foreclosures and standing. 0.50 JAC conf with HN re: m/amend and related strategy issue; review BBA&A agenda and order 0.70 Page 66 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905433 STATEMENT NO: 30249 adv. Ho, Benjamin and Karen (Code/Foreclosure HOURS 02/14/2020 HN left voice message for Adam Temple following up re notices for the 3/24 special magistrate hearing. 0.10 02/18/2020 HN Email to Adam Temple re: status of notice for 3/24 special magistrate hearing. Review of Adam's response email with a status. Review of the Verified Notice of Constitutional Challenge to State Statutes that Ms. Ho passed out at the Building Board of Adjustment and Appeals meeting on 2/18/20 reference the City's foreclosure case. 0.60 CLD Review of online records to determine Benjamin Ho's ownership; update electronic file. 0.20 JAC discuss title/ownership transfer issues with LS and HN 0.70 02/19/2020 HN Phone call with Lynn Swanson re: Special Magistrate hearing notice and review of file. 0.50 02/20/2020 HN Meeting with MDC and JAC to discuss 3/24/20 special magistrate hearing notices. Follow up phone call and email to Lynn Swanson. 0.70 CLD Further search for addresses for Benjamin Ho and Wing Ho for mailing of the 3/24 magistrate hearing notice; corresponded with HN and Lynn Swanson re: same. 0.20 HN Review of Adam Temple's status update email on the notices being sent out for the 3/24 special magistrate hearing and response email. 0.10 MDC Meet with Heather Needelman on status of case. 0.20 02/21/2020 HN Review of email from Lynn Swanson re: status on notices for 3/24 special magistrate hearing. 0.10 02/24/2020 HN Review of Lynn Swanson's email regarding the special magistrate hearing to foreclose on liens for Wing Ho and Karen's Ho's property. Follow up phone call to Lynn. 0.30 FOR CURRENT SERVICES RENDERED 19.00 3,823.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.20 $205.00 $451.00 MICHAEL D. CIRULLO 1.60 205.00 328.00 HEATHER NEEDELMAN 14.30 205.00 2,931.50 CYNTHIA L. DUNN 0.90 125.00 112.50 TOTAL CURRENT WORK 3,823.00 BALANCE DUE $3,823.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 67 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905434 Suite 101 STATEMENT NO: 30250 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS 02/07/2020 HN Meeting with JAC and MDC re: filed foreclosure complaint and status of case. 0.20 02/10/2020 HN Review of JAC's email re: defense counsel's motion to extend time. Review of motion and response email to defense counsel. Review of counsel's email and response. Review of proposed agreed order and email response to defense counsel. 0.60 JAC review r/extension; discuss with HN; review Magistrate hearing to authorize foreclosures 0.70 02/25/2020 HN Review of Jordan Brill's email about settlement authority and follow up email exchange with JAC. 0.20 JAC review and reply to counsel's inquiry re: settlement offers 0.10 FOR CURRENT SERVICES RENDERED 1.80 369.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 HEATHER NEEDELMAN 1.00 205.00 205.00 TOTAL CURRENT WORK 369.00 BALANCE DUE $369.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 68 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905435 Suite 101 STATEMENT NO: 30251 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) HOURS 02/13/2020 HN Meeting with JAC and phone call and follow up email to Adam Temple and 3/24 special magistrate hearing. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 69 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905437 Suite 101 STATEMENT NO: 30252 Boynton Beach FL 33426 Attn: Lynn Swanson Sale to Habitat for Humanity of South Palm Beach Inc. (2 lots on NW 4th Ave & 1 lot on NW 5th St. HOURS 02/06/2020 RLL Follow up with property appraiser on status of correction to property information showing lot 166 instead of lot 167. 0.20 02/11/2020 RLL Revise deed to include right to repurchase language; prepare right to repurchase agreement for each of the three parcels. 1.00 DJD Review seller documents. 0.60 02/12/2020 RLL Review repurchase documents with DJD and forward all seller documents to buyer's attorney for approval. 0.50 DJD Review seller documents. 0.70 02/13/2020 RLL Follow up with buyer's attorney for survey; follow up with property appraiser for correction to lots listed on website. 0.30 02/17/2020 RLL Several email communications with buyer's attorney regarding the signed repurchase agreement and regarding the tax information needed for lot 166; review closing statement and request revision; revise repurchase agreement; provide all documents to client with instructions for signature; request from client the certified resolution approving sale; prepare for closing. 1.40 02/19/2020 RLL Follow up with buyer's counsel on tax information needed for Lot 166; request escrow agreement from buyer's counsel for unknown tax information; review municipal lien search from buyer's counsel and copies of nuisance abatement liens filed against the property. 1.40 DJD Address closing issues. 0.50 02/20/2020 RLL Review executed seller documents and contact client for witness names; prepare transmittal letter of documents to buyer's counsel; review releases of municipal assessment liens and request corrections. 1.30 02/21/2020 RLL Review corrected releases of liens from city clerk's office and forward to buyer's counsel. 0.30 FOR CURRENT SERVICES RENDERED 8.20 1,169.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 1.80 $205.00 $369.00 RACHEL L LEACH 6.40 125.00 800.00 Page 70 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905437 STATEMENT NO: 30252 Sale to Habitat for Humanity of South Palm Beach Inc. (2 lots on NW 4th Ave & 1 lot on NW 5th St. Photocopies 27.30 TOTAL EXPENSES THRU 02/29/2020 27.30 TOTAL CURRENT WORK 1,196.30 BALANCE DUE $1,196.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 71 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905439 Suite 101 STATEMENT NO: 30253 Boynton Beach FL 33426 Attn: Lynn Swanson Sale to Boynton Beach CRA (parcel on NE 4th Street HOURS 02/04/2020 RLL Review title commitment on property from buyer's counsel; prepare repurchase agreement. 1.30 02/05/2020 RLL Research Florida Statute on reservation for phosphate, petroleum, etc. 0.50 02/11/2020 RLL Contact buyer's counsel to discuss terms of seller's right to repurchase property; revise deed to include mineral reservation. 0.80 DJD Review and revise seller documents. 1.30 02/12/2020 RLL Telephone call with buyer's counsel regarding discussion with buyer about repurchase terms. 0.30 02/13/2020 RLL Meet with DJD to discuss deletion of reservation language in deed; revise deed and forward to buyer's attorney; forward seller documents to client for signature; review proposed closing statement from buyer's attorney and request correction; review signed seller documents for accuracy. 1.20 02/14/2020 RLL Follow up calls and email to client to confirm repurchase agreement unnecessary. 0.30 02/17/2020 RLL Prepare amendment to contract to delete repurchase language; prepare transmittal of original documents to buyer's attorney. 1.00 02/20/2020 RLL Review signed amendment to contract and forward to buyer's attorney. 0.30 FOR CURRENT SERVICES RENDERED 7.00 979.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 1.30 $205.00 $266.50 RACHEL L LEACH 5.70 125.00 712.50 Photocopies 16.45 TOTAL EXPENSES THRU 02/29/2020 16.45 Page 72 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905439 STATEMENT NO: 30253 Sale to Boynton Beach CRA (parcel on NE 4th Street 02/17/2020 Federal Express - Invoice 6-938-49066 11.46 11.46 TOTAL ADVANCES THRU 02/29/2020 11.46 TOTAL CURRENT WORK 1,006.91 BALANCE DUE $1,006.91 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 73 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905441 Suite 101 STATEMENT NO: 30254 Boynton Beach FL 33426 Attn: Lynn Swanson Sale to Pulte Group -approx.. 14.7 acres off Nickels Blvd. HOURS 02/21/2020 SMS review/revise PSA 1.70 02/24/2020 SMS review drafted PSA 0.60 02/26/2020 DJD Review of proposed Real Estate Contract. 1.50 02/27/2020 RLL Work on preparation of purchase and sale agreement. 1.50 DJD Draft proposed Purchase and Sale Agreement. 1.30 02/28/2020 RLL Further work on purchase and sale agreement. 0.50 DJD Address proposed Agreement. 0.80 FOR CURRENT SERVICES RENDERED 7.90 1,459.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 3.60 $205.00 $738.00 SEAN M. SWARTZ 2.30 205.00 471.50 RACHEL L LEACH 2.00 125.00 250.00 Photocopies 21.00 TOTAL EXPENSES THRU 02/29/2020 21.00 TOTAL CURRENT WORK 1,480.50 BALANCE DUE $1,480.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 74 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905454 Suite 101 STATEMENT NO: 30255 Boynton Beach FL 33426 Attn: Lynn Swanson Parking Special Assessment HOURS 01/23/2020 JAC preliminary research of transaction, notice issues and options; prep transaction checklist; review other municipal transactions 1.20 01/28/2020 MDC Meet with JAC, review issues with proposed assessment. 0.30 01/29/2020 MDC Conference with JAC, telephone call with BB Finance Director. 0.40 01/30/2020 JAC update special assessment research and begin prep re: notice/methodology/implementation; conf with MC re: same 1.30 02/03/2020 JAC misc research re: methodology 0.30 02/07/2020 JAC follow up call re: public notice/reso 0.40 02/13/2020 JAC review agenda issues and resolution/legal description issues 0.80 MDC Review and revise Intent Resolution; miscellaneous telephone call with Lynn Swanson on exhibits, review exhibits. 0.90 02/14/2020 MDC Review revised resolution, exhibits; update JAC. 0.40 02/19/2020 JAC research re: timeline and methodology 0.30 02/21/2020 JAC preliminary review of bonding issues and timetable; follow up re: methodology 1.50 02/24/2020 JAC Review related bond transaction issues - research re: assessment methodology options. 1.90 02/26/2020 JAC review MR emails and documents/resolutions 1.50 FOR CURRENT SERVICES RENDERED 11.20 2,296.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 9.20 $205.00 $1,886.00 MICHAEL D. CIRULLO 2.00 205.00 410.00 TOTAL CURRENT WORK 2,296.00 Page 75 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905454 STATEMENT NO: 30255 Parking Special Assessment BALANCE DUE $2,296.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 76 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905456 Suite 101 STATEMENT NO: 30256 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Priority Towing HOURS 02/02/2020 GB Reviewed Email from LS regarding bid protesting policy and responded to email 0.10 02/03/2020 GB Reviewed RFP, Met with JC regarding defenses, allegations and motion to dismiss, began drafting Motion to Dismiss Complaint and conducting case law research regarding the Complaint's deficiencies, about possible defenses, proper procedure to protest a bid, the court's jurisdiction. email correspondence with Lynn and reviewed COBB's policy and code 3.30 02/04/2020 GB Finalized first draft of motion to dismiss, reviewed Beck's Agreement, additional case law research regarding the bidder's duties and city's duty, procedures of bid protest, possible affirmative defenses and deficiencies in complaint, emailed JC regarding findings of questions presented in our meeting. 5.60 02/07/2020 GB Telephone conference call with LS regarding documents need to review. 0.20 02/11/2020 GB Email with LS regarding documents 0.10 02/12/2020 GB Reviewed Motion to Dismiss &scheduled meeting with JAC regarding Motion 0.40 JAC research re: m/dismiss 0.80 02/13/2020 GB Meeting with JAC regarding Motion to Dismiss edits. 0.40 JAC review-revise and discuss m/dismiss with GB 0.80 02/14/2020 GB Finalized Motion to Dismiss and filed Motion. 1.40 02/18/2020 GB Emails with LS regarding Motion to Dismiss & documents. Reviewed Documents provided by LS regarding Plaintiff. 0.30 02/20/2020 IR Receipt and review of new City of Boynton Beach case materials; prepared paralegal file; email to L. Swanson regarding new case; reviewed pleadings relevant to this new filing; 1.20 02/21/2020 GB Meeting with TAD regarding case status and moving case along. 0.20 02/25/2020 GB Reviewed documents from client. 0.70 FOR CURRENT SERVICES RENDERED 15.50 3,081.50 Page 77 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905456 STATEMENT NO: 30256 adv. Priority Towing RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.60 $205.00 $328.00 GAL BETESH 12.70 205.00 2,603.50 INGRID RIERA 1.20 125.00 150.00 Photocopies 17.15 TOTAL EXPENSES THRU 02/29/2020 17.15 TOTAL CURRENT WORK 3,098.65 BALANCE DUE $3,098.65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 78 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905022 Suite 101 STATEMENT NO: 30300 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Jean-Baptiste, Kevens Billing Category 18-RLO Claim#001470000352PP HOURS 02/03/2020 TAD Prepare response in opposition to plaintiffs motion in limine. Review case law and evidence re: same. Prepare memorandum of law. 2.30 02/04/2020 IR Receipt and review of recent court filings; review Trial Witness and Subpoena Duces Tecum tracking chart, to confirm information for trial witnesses, when the defense team issues trial subpoenas; continuation to make updates to trial notebook, for use during the docket commencing March 30, 2020 through April 10, 2020. 1.80 GB Attended commissioners' meeting and shade meeting. 4.70 TAD Prepare for and attend meeting with commission re: case. Confer with JAC re: same. 5.50 02/05/2020 IR Receipt and review of emails regarding civil jury trial to move forward, during Judge Roy K. Altman's two week trial period, commencing March 30, 2020 through April 10, 2020; receipt and review of emails from co-defense counsel and responded to same; initial preparation of civil jury trial subpoenas to appear; review of pleadings and trial disclosure records, to revise Trial Notebook, for use at trial March 30 through April 10, 2020; conferences with TAD regarding City of Boynton Beach commission meeting on February 4, 2020; 5.30 TAD Receipt and review of proposed joint motion. Telephone conference with officer counsel re: same. Confer with Plaintiff re: settlement issues. Receipt of reply to joint motion. Review case law re: same. 1.30 02/06/2020 IR Continuation of fact trial witness subpoenas for service of process to appear at trial during the docket commencing March 30, 2020 through April 10, 2020; continuation of updates on Trial Subpoena Tracking, cross-referencing both defense counsels'witness, to track subpoenas; finalized the City of Boynton Beach's trial subpoenas to be served upon the appropriate witnesses, which includes duces tecum-attached as Exhibit A; 5.20 TAD Receipt and review of correspondence re: renewed motions and prepare response to same. Receipt of correspondence re: authority from excess carrier. 0.30 02/07/2020 IR Continuation of trial preparation; continuation of defense fact witness trial subpoenas, to appear during Judge Altman's two week trial docket, commencing March 30, 2020 through April 10, 2020; preparation of Page 79 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905022 STATEMENT NO: 30300 adv. Jean-Baptiste, Kevens HOURS updates to Trial Subpoena Tracking chart, listing status and availability of defense witnesses; 3.70 TAD Receipt and review of plaintiff's reply re: motion in limine. Review case law and prepare correspondence re: same. 0.80 02/10/2020 IR Continuation of preparation of trial subpoenas for fact and expert witnesses for two week civil jury trial before Judge Altman, March 30, 2020 through April 10, 2020; continuation to update Trial Subpoena Tracking chart to track witness service of process, witness availability and unavailability; receipt and review of emails to City of Boynton Beach's law enforcement personnel, regarding trail preparation conferences, in advance of the Plaintiffs calling them to testify at trial; cross-referencing both defendants Trial Witnesses with Plaintiff's Trial Witnesses, to update Trial Subpoena Tracking chart, for use at trial, to track over 101 witnesses during the two week trial period; 5.80 02/11/2020 IR Online background searches of Plaintiff, Kevens Jean-Baptiste, since last public records check; reviewed Palm Beach County records for events from 2019; continuation of trial preparation, including continuation of preparation of first set of trial subpoenas to be issued and sent to fact and expert witnesses; continued updates to Trial Subpoena Tracking chart, with witness contact information and trial availability updates; 5.70 TAD Receipt and review of correspondence re: plaintiff's objections. Receipt of revised motion and prepare correspondence re: same. Telephone conference with Officer counsel re: settlement and trial issues. Confer with IVR re: trial subpoenas. Telephone conference with plaintiff counsel re: settlement issues. 1.40 02/12/2020 IR Continuation of updates to Trial Subpoena Tracking Chart, cross-referencing all parties'trial witnesses and finalization of trial subpoenas to be issued and served upon 100 witnesses; preparation of updates to trial witness contact chart; 1.00 TAD Receipt and review of correspondence from City re: case settlement and prepare correspondence re: same. Confer with JAC re: status. Receipt of correspondence from plaintiff re: same. Prepare correspondence to adjuster re: status and information from plaintiff. Receipt of plaintiffs response to motion in limine. 0.90 02/13/2020 IR Continued trial preparation; revised trial subpoenas for two week docket, commencing March 30, 2020 thru April 10, 2020; continuation of updates to Trial Notebook, for TAD to use at jury trial; 2.60 TAD Telephone conference with Plaintiff counsel re: potential settlement. Receipt of correspondence re: motion for electronic equipment and motions in limine. Receipt of order from the Court. Receipt of correspondence from City re: meetings. Review witness information re: Jeanniton and prepare for pre-trial meeting with Officer Jeanniton. Review deposition testimony re: trial preparation. Prepare correspondence to Officer Aiken and correspondence to Officer Viscome re: pre-trial meetings and trial. 4.60 02/14/2020 TAD Receipt and review of correspondence from plaintiff re: demand. Receipt of correspondence from officer counsel re: settlement. Prepare correspondence re: same. Telephone conference with officer counsel re: demand. Prepare for pre-trial meeting with Rivera. Review Rivera statements and deposition re: trial issues and testimony. 3.40 Page 80 of 1023 Page: 3 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905022 STATEMENT NO: 30300 adv. Jean-Baptiste, Kevens HOURS 02/17/2020 TAD Review plaintiffs deposition testimony and exhibits for trial/opening. Review plaintiffs exhibit list re: damage issues. Review case law re: motion in limine issues re: evidence of events/recordings and prepare outline for trial. Review case law re: chokehold issues and trial issues related to introduction as to claims against City. Review disputed jury instructions re: arguments for trial. Review deposition of Renette Jean Baptiste re: trial cross. Review videos and confer with IVR re: status of additional evidence. 6.50 02/18/2020 IR Receipt and review of Co-Defendant, Jermaine Jones' Notice of Trial Conflict, filed with the federal court on February 13, 2020, in advance of special set civil jury trial; continuation of trial preparation; cross-reference of trial exhibits with trial fact witness/ records custodians to be subpoenaed to trial, during the two week period commencing March 30, 2020 through April 10, 2020; preparation of updates to the City of Boynton Beach's Trial Subpoena Tracking Chart, listing all witnesses and their respective contact information and trial availability; receipt and review of Anderson's objections to Officer Jones' cellular phone at trial, as well as the City's representative at trial, with exhibits to their objections; 3.20 JAC case status and settlement review; prep for briefing conferences with Commissioners 1.10 02/19/2020 IR Receipt and review of emails regarding status of litigation and upcoming trial of March 30, 2020 through April 10, 2020 docket before Judge Roy K. Altman; prepared ticklers to follow up to confirm witnesses to be advised of pending settlement, and for finalized invoices of any expert witnesses; 1.20 TAD Meet and confer with commissioner Penserga re: settlement issues. Meet and confer with Mayor re: settlement issues. Confer with vice mayor Katz and JAC re: settlement. Confer with commissioner Romelus re: settlement. Confer with commisioner McCray and JAC re: settlement issues. Confer with Jones counsel re: settlement. Confer with Plaintiff counsel re: settlement issues. Prepare correspondence to adjuster re: resolution of claim. Confer with City personnel re: settlement. Begin draft of release documents. 3.40 02/20/2020 TAD Review information on claim re: release. Confer with plaintiff re: release documents and issue of plaintiff reaching majority. Draft release document and statement. 2.30 02/21/2020 TAD Prepare correspondence to Jones counsel re: release documents. Receipt of response with changes. Revise release and prepare additional correspondence to Jones counsel. Review 768.28 statement and prepare same for settlement. Prepare correspondence to plaintiff counsel re: settlement information. Telephone conference with Plaintiff counsel re: release and agreement and documents needed. Prepare correspondence to City witnesses and City re: trial and settlement. 2.70 02/24/2020 IR Receipt and review of emails to and from co-defense counsel, regarding settlement specifics, which includes whether Kevens Jean-Baptiste's mother would execute a release, stating that Kevens is an adult and future communications and settlement will be made with Kevens and no longer his mother; 0.90 02/25/2020 TAD Prepare correspondence to trial witnesses re: settlement. Prepare correspondence to City re: witnesses. 0.20 Page 81 of 1023 Page: 4 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905022 STATEMENT NO: 30300 adv. Jean-Baptiste, Kevens HOURS 02/26/2020 TAD Receipt and review of correspondence from officer counsel re: status and prepare response to same. Receipt of correspondence from plaintiff re: statement and W9. Receipt of statement, notice of majority and W9 from Plaintiff. Receipt of correspondence from Plaintiff re: release. Receipt of release. Prepare correspondence to officer counsel re: same. Prepare correspondence to City re: same. 1.40 FOR CURRENT SERVICES RENDERED 79.20 13,324.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.10 $205.00 $225.50 GAL BETESH 4.70 205.00 963.50 INGRID RIERA 36.40 125.00 4,550.00 TRACEY A. DECARLO 37.00 205.00 7,585.00 Photocopies 59.85 TOTAL EXPENSES THRU 02/29/2020 59.85 TOTAL CURRENT WORK 13,383.85 BALANCE DUE $13,383.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 82 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905098 Suite 101 STATEMENT NO: 30301 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#00 1 470000367AB HOURS 02/03/2020 IR Receipt and review of Notice of Appearance of Stephen A. Marino, Esq. of Ver Ploeg & Marino, P.A. in Miami, for Plaintiff; receipt and review of Attorney Marino's Opposition to Defendant's Motion to Limit Damages to Statutory Cap, filed this date; online research of additional counsel for Jesusa Venegas, post jury trial and entry of final judgment; 0.90 TAD Receipt and review of plaintiffs memorandum in opposition to City's Motion. Review case law. Receipt of correspondence re: response and prepare reply. 0.90 02/04/2020 TAD Receipt and review of additional case law re: reply to plaintiff's opposition. 1.30 02/05/2020 TAD Prepare reply memorandum of law to plaintiffs opposition to Motion to Limit Damages. 1.90 02/06/2020 JAC review Plaintiff pleading re: excess coverage; citations to authority and TD draft response 0.80 TAD Receipt and review of correspondence to court re: memorandum in opposition and case law. 0.30 02/07/2020 TAD Prepare correspondence re: reply memorandum. Prepare proposed order. Review case law and prepare for hearing on motion. 2.30 02/10/2020 IR Receipt and review of emails pertaining to today's evidentiary hearing on the City of Boynton Beach's Motion to Limit Damages, Plaintiff's Responsive motion and the City's Reply to said motion, filed with the court on February 6, 2020 and sent to litigation defense team; 0.40 TAD Attend hearing on motion to limit damages. Prepare correspondence to adjuster and city re: hearing. Confer with Plaintiff counsel and outside counsel re: ruling and order. Prepare order on motion. 4.30 02/11/2020 IR Receipt and review of email regarding evidentiary hearing this afternoon, before Judge James Nutt, regarding the court's oral ruling after argument of counsel; receipt and review of court order entered by Judge Nutt, in favor of the City of Boynton Beach; 0.40 JAC pre-hearing review of excess coverage issue and email from Berk; discuss with TD 0.40 Page 83 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905098 STATEMENT NO: 30301 adv. Venegas, Jesusa HOURS 02/13/2020 TAD Prepare correspondence to plaintiff re: payment information and judgment. Receipt of response to same. Prepare correspondence to City re: same. Receipt of notice of hearing on motion to add insurer to judgment and prepare correspondence re: same. 0.40 02/18/2020 IR Receipt and review of emails between counsel, following the evidentiary hearing last week before Judge Nutt; 0.30 02/19/2020 TAD Receipt and review of correspondence re: medicare information. Prepare correspondence to plaintiff counsel re: same. Prepare correspondence to adjuster and client re: motion. Extended telephone conference with Brit counsel re: motion and plaintiff's position. 1.80 02/21/2020 IR Receipt and review of email from TAD to counsel, regarding the upcoming evidentiary hearing, special set with Judge Nutt, for March 5, 2020; retrieved online court docket, to review all of Plaintiff's post-trial verdict motions; prepared notes regarding Plaintiffs Motion to Add Insurer to Final Judgment, filed with the Court on October 30, 2019, regarding Plaintiff's incorrect listing of exhibits to her motion; 0.60 02/26/2020 JAC review Brit issue and letter re: hearing; discuss with TD 0.30 TAD Prepare correspondence to insurance counsel re: hearing. Confer with City and JAC re: same. Receipt and review of response. 0.60 FOR CURRENT SERVICES RENDERED 17.90 3,461.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.50 $205.00 $307.50 INGRID RIERA 2.60 125.00 325.00 TRACEY A. DECARLO 13.80 205.00 2,829.00 Photocopies 101.85 TOTAL EXPENSES THRU 02/29/2020 101.85 02/10/2020 Parking - TAD 7.00 Parking - 7.00 02/06/2020 Federal Express - Invoice 6-938-49066 19.55 19.55 TOTAL ADVANCES THRU 02/29/2020 26.55 TOTAL CURRENT WORK 3,589.90 BALANCE DUE $3,589.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 84 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905190 Suite 101 STATEMENT NO: 30302 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 02/03/2020 IR Receipt and review of November 12, 2019 deposition and exhibits from Officer Robert Stephan's deposition; preparation of updates regarding same to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; 0.80 02/13/2020 GB Telephone conference call with SK regarding next steps & meeting with TAD regarding strategy 0.40 02/19/2020 GB Telephone conference call and Email to SK (Sohn's attorney)following up on last week's phone conversation. 0.20 02/21/2020 GB Meeting with TAD regarding case status and moving case along. 0.10 TAD Receipt and review of status of discovery and meet with GB to discuss status and strategy. Review information re: depositions and information from criminal trial for additional discovery. 1.80 02/24/2020 TAD Receipt and review of information re: claim status for report and additional discovery. 0.80 02/26/2020 GB Began working on Tristar Report, reviewed email from Attorney Benjamin Bedard summarizing Lex's trial. 1.80 02/27/2020 GB Continued working on tristar initial report. 2.10 02/28/2020 IR Several conferences with GB regarding anticipated witnesses and depositions related thereto; preparations of updates to Trial Witness and Subpoena Duces Tecum tracking chart; reviewed various documents related to Danielle Smith, eye witness to incident of February 13, 2016; prepared updates to Trial Witness chart regarding same; 1.30 GB Continued drafting Tristar Report. Reviewed deposition transcripts of Marisella Readon, Officer Henry, Officer Sohn. Reviewed Homicide. Reviewed Lex's trial transcript and sentencing hearing transcript. Read Danielle Smith's meeting notes. Reviewed Docket of Lex's criminal case. Reviewed legal research memos. 4.10 FOR CURRENT SERVICES RENDERED 13.40 2,579.00 Page 85 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905190 STATEMENT NO: 30302 adv. Readon, Jayden, Estate of(police chase) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 8.70 $205.00 $1,783.50 INGRID RIERA 2.10 125.00 262.50 TRACEY A. DECARLO 2.60 205.00 533.00 Photocopies 7.00 TOTAL EXPENSES THRU 02/29/2020 7.00 TOTAL CURRENT WORK 2,586.00 BALANCE DUE $2,586.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 86 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905216 Suite 101 STATEMENT NO: 30303 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470000410EP HOURS 02/02/2020 GB Reviewed Dr. Stock's FFD report& began reading plaintiffs deposition transcript in preparation for Motion in Limine. 2.30 02/03/2020 TAD Prepare correspondence to plaintiff. Review discovery responses and prepare correspondence re: response to discovery due. 0.40 02/04/2020 TAD Prepare correspondence to plaintiff re: deposition of Cummings. Review information from depositions and discovery and prepare for deposition of Cummings. 0.90 02/05/2020 GB Continued reviewing file and summarizing dr miller's report. Reviewed Emails between Cummings and Ryan. read Tristar Report& Memo to captain regarding incident 1.90 IR Receipt and review of Re-Notice of Deposition of Harley Stock, Ph.D., for March 12, 2020 new date; updated Trial Witness and Subpoena duces tecum tracking chart accordingly; 0.20 02/06/2020 IR Receipt and review of emails regarding mental health expert witness deposition this date; prepared updates to City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; receipt and review of correspondence to Judge Kerner, enclosing the City of Boynton Beach's supporting materials in advance of the special set hearing on its Motion to Dismiss; preparation of tickler for team conference, regarding said evidentiary hearing on February 19. 2020; 0.60 GB Continued reviewing file in preparation for Motions in Limine and Motion for Summary Judgment analysis ; finished summarizing Dr. Miller's deposition; sent email to Dr. Miller regarding documents; Began reading Tom Wallace's deposition transcript 3.30 TAD Attend deposition of Cummings. Prepare renotice of deposition of Stock. Prepare correspondence to Stock re: renotice. Prepare correspondence to plaintiff re: releases. Receipt of correspondence from plaintiff re: releases. 6.30 02/07/2020 GB Edited and finalized letter to Plaintiffs counsel regarding Plaintiff's responses to City's 2nd RFP. 0.70 02/12/2020 IR Receipt and review of email from TAD legal assistant, regarding Plaintiff's responses to second set of discovery propounded by the City of Boynton Page 87 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905216 STATEMENT NO: 30303 adv. Ryan, Ronald (whistleblower PD) HOURS Beach, during summer of 2019; reviewed online court docket and pleadings index for said responses, as noted in the February 7, 2020 correspondence to Plaintiff, requesting the documents cited in his responses to second set of discovery; preparation of tickler to receive response, or responsive documents; 0.70 GB Emails with Dr. Miller regarding Plaintiff's file. 0.10 GB Telephone conference call with opposing counsel regarding discovery. 0.20 02/14/2020 GB Email with Dr. Miller regarding Plaintiffs file. Finalized and set letter to Plaintiff's counsel regarding discovery. Reviewed Plaintiffs Motion to Cancel Motion to Dismiss hearing. 0.60 02/17/2020 GB Review deposition of Sanders for Motion for Summary Judgment analysis; Review Tom Wallace's deposition transcript and highlighted portions relevant to Motion In Limine; Case law research for Motion in Limine; began drafting Motion in Limine. Received and reviewed Order canceling Motion to Dismiss hearing. 7.50 TAD Receipt and review of release documents from plaintiff and correspondence re: same. 0.30 02/18/2020 GB Reviewed documents from Dr. Miller for Motion for Summary Judgment analysis; emails regarding resetting Motion to Dismiss hearing; continued drafting and conducting legal research for Motion in Limine. 3.70 TAD Receipt and review of records re: evaluation of plaintiff. Update timeline of events for future depositions. 1.40 02/19/2020 IR Receipt and review of emails between counsel, regarding rescheduling of the City of Boynton Beach's 30 minute special set evidentiary hearing, from February 19, 2020 to March 2, 2020; receipt and review of Judge Kerner's Order rescheduling the evidentiary hearing until March 2, 2020, due to Plaintiff's counsel unavailability, due to another trial; revised Judge Kerner's directives to provide the Court with a hearing notebook, one week in advance of said evidentiary hearing; 0.70 GB Continued reviewing Plaintiffs deposition transcript for Motion in Limine and Motion for Summary Judgment analysis. 0.40 TAD Receipt and review of correspondence re: motion to dismiss. Confer with GB re: same. 0.20 02/21/2020 GB Meeting with TAD regarding case status and moving case along & drafted Motion to Compel. 0.90 TAD Receipt and review of correspondence re: discovery. Confer with GB re: motion for summary judgment and motion in limine. 0.90 02/24/2020 GB Finalized &filed Motion to Compel. Continued working on Motion in Limine. 2.50 02/25/2020 GB Continued drafting of Motion in Limine of Wallace's deposition testimony, legal research for motion in limine, email correspondence with court reporter regarding transcripts, emails with opposing counsel regarding Motion to Compel hearing. 4.30 IR Conference with GB regarding project to assist with the City of Boynton Beach's draft of its Motion in Limine, in anticipation of trial; 0.20 TAD Receipt and review of deposition of Cummings. Prepare outline of same. Prepare correspondence to Cummings re: files. 3.60 02/26/2020 IR Reviewed City of Boynton Beach's proposed Motion in Limine regarding its Page 88 of 1023 Page: 3 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905216 STATEMENT NO: 30303 adv. Ryan, Ronald (whistleblower PD) HOURS former employee; reviewed deposition transcript to cross-reference cited testimony, for use in the City's pretrial motion; 1.30 GB Worked on Motion in Limine of Wallace's deposition testimony & legal research for motion in limine. Confirmed Motion to Dismiss hearing and that Judge has binder. 2.30 02/27/2020 IR Conference with GD regarding project, to confirm the citations to be verified in the draft of the City of Boynton Beach's Motion in Limine, and follow the deposition testimony that was utilized in said motion; retrieved deposition transcript of Officer Thomas Wallace, along with deposition exhibits thereto; initial preparation of review of motion, to designate the deposition pages [and lines] of Officer Wallace's testimony, on multiple circumstances; reviewed deposition transcript for same issue testimony throughout his deposition, and included same on draft Motion in Limine; 4.40 02/28/2020 IR Final review of numerous deposition citations and review of additional similar citations for the draft Motion in Limine; prepared email with draft Motion in Limine, with numerous notations throughout; conferences with GB regarding same and re-revised said updated potions of the proposed Motion in Limine; 3.30 GB Prepared for Motion to Dismiss hearing; read Motion to Dismiss binder. Read Plaintiffs response to Motion to Dismiss and case law cited in Plaintiff's response. 2.20 FOR CURRENT SERVICES RENDERED 58.30 11,039.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 32.90 $205.00 $6,744.50 INGRID RIERA 11.40 125.00 1,425.00 TRACEY A. DECARLO 14.00 205.00 2,870.00 Photocopies 191.80 TOTAL EXPENSES THRU 02/29/2020 191.80 02/05/2020 Federal Express - Invoice 6-938-49066 15.86 15.86 TOTAL ADVANCES THRU 02/29/2020 15.86 TOTAL CURRENT WORK 11,247.16 BALANCE DUE $11,247.16 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 89 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905253 Suite 101 STATEMENT NO: 30304 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Bolt, Barbara Dilger(MVA) Billing Category: 18- RLO Claim#00 1 470000422AB HOURS 02/07/2020 TAD Receipt and review of correspondence re: settlement. Prepare correspondence re: same. Receipt of correspondence from plaintiff re: information from Medicare and prepare response to same. 0.40 02/10/2020 IR Receipt and review of email regarding supplemental Conduent SCIO by Humana lien and other information received from Plaintiff's counsels' paralegal, to advise of lien, as part of settlement; closed out paralegal file; 0.20 02/12/2020 TAD Receipt and review of correspondence from adjuster re: information needed for settlement and prepare correspondence to plaintiff re: same. 0.20 02/14/2020 TAD Receipt and review of correspondence re: information from plaintiff. Prepare correspondence to adjuster re: same. 0.40 FOR CURRENT SERVICES RENDERED 1.20 230.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.20 $125.00 $25.00 TRACEY A. DECARLO 1.00 205.00 205.00 TOTAL CURRENT WORK 230.00 BALANCE DUE $230.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 90 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905257 Suite 101 STATEMENT NO: 30305 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Basinski, Tricia (MVA garbage truck) Billing Category: 18- RLO Claim#001470-000422-AB-03 HOURS 02/07/2020 TAD Receipt and review of correspondence re: settlement. Prepare correspondence to claimant's attorney and receipt of response to same. Prepare correspondence to adjuster re: same. 0.40 02/10/2020 IR Receipt and receipt of email regarding settlement of claim and any potential liens on the file; closed paralegal file; 0.20 02/12/2020 TAD Receipt and review of correspondence from adjuster re: information needed for settlement and prepare correspondence to plaintiff re: same. 0.20 FOR CURRENT SERVICES RENDERED 0.80 148.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.20 $125.00 $25.00 TRACEY A. DECARLO 0.60 205.00 123.00 TOTAL CURRENT WORK 148.00 BALANCE DUE $148.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 91 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905303 Suite 101 STATEMENT NO: 30306 Boynton Beach FL 33426 Attn: Lynn Swanson Occius, Facilia (P/NG Will-Marc Eugene) (MVA Police Vehicle) Billing Category: 18- RLO Claim#00 1 470000437AB HOURS 02/11/2020 TAD Receipt and review of Final Disposition Form and Notice of Dismissal. 0.30 02/13/2020 TAD Prepare correspondence to client re: notice of dismissal. 0.10 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 92 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905306 Suite 101 STATEMENT NO: 30307 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Novick, James (MVA Public Works) Billing Category: 18- RLO Claim#00 1 470000439AB HOURS 02/11/2020 TAD Receipt and review of correspondence re: settlement of claim from Jacob Novick and prepare correspondence re: same. 0.20 02/21/2020 TAD Receipt and review of correspondence re: settlement of Jacob Novick claim and question and prepare response to same. Prepare correspondence to plaintiff re: dismissal of action. 0.50 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 93 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905323 Suite 101 STATEMENT NO: 30308 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Samad, Aboul and Samad, Sameera, as Parents and Natural Guardians of Raheel Samad, a Minor (broken concrete bench) Billing Category: 18- RLO Claim#19757938 HOURS 02/03/2020 TAD Attend deposition of Umair Ali and Mona Ali. Confer with Plaintiff re: mediation. Prepare correspondence to city re: depositions. Prepare for depositions of Rayad Ali and Alina Ali. 4.80 02/04/2020 IR Receipt and review of email to deposition witnesses, regarding the respective depositions, set for February 5, 2020, along with correspondence attached thereto; reviewed Trial Witness and Subpoena duces tecum tracking chart, to ensure updated dates of witness depositions are correctly listed; 0.30 TAD Receipt and review of correspondence re: deposition of Mujeeb and prepare response to same. 0.30 02/05/2020 IR Receipt and review of emails to and from Plaintiff and Defendant's counsel, regarding Mediator Rodney Romero's availability for Mediation in March and April 2020; reviewed pleadings, to ensure all written discovery responses were completed by each party; receipt and review of emails to Mediator Gary Dickstein's office at Matrix Mediation, West Palm Beach, regarding Mediation of the parties on April 21, 2020; 0.70 TAD Attend deposition of Rayad Ali. Attend deposition of Alina Ali. Receipt of correspondence re: mediation and prepare response to same. Prepare correspondence to City re: mediation. 4.30 02/06/2020 TAD Prepare correspondence to City re: depositions of Mujeeb and City employees. 0.90 02/17/2020 TAD Receipt and review of request for production to city. Review information from City re: response to discovery. 0.60 02/25/2020 TAD Receipt and review of request for production to City. Review records re: same. Prepare correspondence to City re: requests. 0.60 FOR CURRENT SERVICES RENDERED 12.50 2,482.50 Page 94 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905323 STATEMENT NO: 30308 adv. Samad, Aboul and Samad, Sameera, as Parents and Natural Guardians of Raheel Samad, a Minor (broken concrete bench) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.00 $125.00 $125.00 TRACEY A. DECARLO 11.50 205.00 2,357.50 02/20/2020 Saint Mary's Medical Center-Copy of Records 3.00 3.00 TOTAL ADVANCES THRU 02/29/2020 3.00 TOTAL CURRENT WORK 2,485.50 BALANCE DUE $2,485.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 95 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905344 Suite 101 STATEMENT NO: 30309 Boynton Beach FL 33426 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18- RLO Claim#001470000450EP HOURS 02/04/2020 IR Continuation of preparation of witness depositions scheduled in this litigation; online circuit court docket search, to ensure pleadings are updated through current and to check discovery status; 2.20 02/05/2020 GB Reviewed case law research regarding what plaintiff needs to prove & investigation report and drafted request for admissions. email to TAD regarding request for admissions. 2.20 02/10/2020 GB Continued drafting Tristar Report. 2.00 TAD Review discovery and claim and prepare for deposition of the Plaintiff. Confer with GB re: claims and legal issues. Review case law re: claims for deposition of plaintiff. 3.30 02/11/2020 GB Continued working on Tristar initial report. Legal Research regarding liability. Email with TC regarding budget. Began summarizing Quida Hall's deposition. 7.00 TAD Attend deposition of Plaintiff. Receipt of report from plaintiff's expert. 4.80 02/12/2020 GB Continued working on Tristar Report; drafted questions & prepared for Dean Kinsser's deposition; finalized deposition summary of Quida Hall & summarized Clemon's deposition. 4.40 TAD Receipt and review of motion to set trial. 0.10 02/13/2020 GB Meeting with TAD regarding strategy. 0.10 TAD Prepare correspondence to City re: status and confer with GB re: same. 0.30 02/18/2020 IR Receipt and review of Plaintiff's Notice of Jury Trial, before Honorable Glenn Kelley, Palm Beach Circuit Court Division AE, for 5 day civil jury trial; online review of Judge Kelley's current trial docket and next three trial settings through June 15, 2020; preparation of tickler to receive Trial Order from the Court; reviewed online docket of current litigation, regarding status of discovery and upcoming depositions; 0.70 GB Emails regarding resetting Dean Kinser's deposition. 0.10 02/19/2020 GB Prepared for Hoggatt's deposition by reviewing file and drafting questions. 2.00 02/20/2020 GB Prepared and attended Hoggatt's deposition. Meeting with TAD regarding Page 96 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 30309 Brescia, Brandon (EEOC Complaint) HOURS Summary Judgment. 2.10 IR Receipt and review of email, with Plaintiff's Re-Notice of Taking Deposition of Dean Kinser, whose deposition was scheduled for February 26, 2020, however, it has now been revised to commence March 6, 2020 at 1:00pm; preparation of updates to Trial Witness and Subpoena duces tecum tracking chart, noting the changed dates; receipt and review of emails that pertain to today's deposition of Hoggatt, which include the exhibits thereto; 0.70 02/21/2020 IR Reviewed online court docket, regarding status of discovery; reviewed records from Plaintiff and the City of Boynton Beach, relevant to Mr. Brescia's medical condition and records thereto; receipt and review of emails between counsel for the Plaintiff and the City of Boynton Beach, regarding recent depositions that occurred this week; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart, to include Plaintiff's medical providers, to send subpoenas duces tecum; 3.40 GB Meeting with TAD regarding case status and moving case along. 0.20 TAD Prepare memorandum re: deposition of Brescia for report and additional discovery. Review documents from plaintiff re: discovery. 1.80 02/24/2020 GB Finished drafting Initial Tristar Report& Emails and discussions with Ingrid regarding Dr. Moore. 4.60 IR Continuation of review and updates to Trial Witness and Subpoena Duces Tecum tracking chart, to retrieve Plaintiffs medical providers' names and contact information, for service of process of subpoenas duces tecum; conferences with G. Betesh regarding same; online research and background searches that pertain to Plaintiff's witnesses' for use at trial; reviewed EEOC materials that were submitted by Mr. Brescia, relative to his claims and timeline of events; 5.10 02/25/2020 IR Extensive review of Plaintiff's discovery responses, including various binders, specifically for medical providers; prepared updates to Trial Witness and Subpoena Duces Tecum tracking chart; extensive research pertaining to Plaintiff's various medical issues, dates, names and contact information of medical providers; searched Plaintiff's colleagues for contact information; 5.20 02/26/2020 GB Reviewed edits to tristar report. Legal research regarding damages. Drafted memo regarding damages. Emails with TAD regarding legal research. 2.60 02/28/2020 IR Preparation of Plaintiff's medical providers'witness files, for use at trial; reviewed online court docket, to check if the Court had entered a trial order, following Plaintiffs Notice Action is at Issue; 1.30 FOR CURRENT SERVICES RENDERED 56.20 10,033.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 27.30 $205.00 $5,596.50 INGRID RIERA 18.60 125.00 2,325.00 TRACEY A. DECARLO 10.30 205.00 2,111.50 Photocopies 46.90 Page 97 of 1023 Page: 3 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 30309 Brescia, Brandon (EEOC Complaint) TOTAL EXPENSES THRU 02/29/2020 46.90 TOTAL CURRENT WORK 10,079.90 BALANCE DUE $10,079.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 98 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905369 Suite 101 STATEMENT NO: 30310 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18- RLO Claim#19754303 HOURS 02/07/2020 TAD Continue preparation of report. Prepare budget. Prepare correspondence to City re: information needed for discovery. 1.30 02/13/2020 GB Draft witness list. Met with TAD regarding strategy. Emails with City regarding relevant documents received from City about Plaintiff for discovery. 3.00 02/14/2020 GB Continued drafting witness list and discovery. 1.30 02/18/2020 GB Finalized City's First Set of Interrogatories and First Request for Production and filed &served discovery. 0.30 02/19/2020 IR Receipt and review of City of Boynton Beach's entire file, including Human Resources' personnel file of Roseline Moyse; reviewed Pre-Determination hearing transcript dated October 2, 2018 and gleaned named of witnesses and dates of events, as related by the Plaintiff at the hearing; reviewed other documentation, to prepare updates to Trial Witness and Subpoena Duces Tecum tracking chart; 2.40 02/20/2020 GB Continued reviewing file & drafting timeline &summaries of individuals with knowledge. Meeting with TAD &JC regarding status of case and documents reviewed. Email with City regarding documents from City about Plaintiff. 3.50 02/21/2020 GB Meeting with TAD regarding case status and strategy along & continued to review documents from City for discovery. 1.00 02/24/2020 GB Review documents provided by City & emails regarding 2nd request for production to Plaintiff. 0.40 IR Conference with GAB regarding discovery project and followed up with email and responsive email pertaining to same; reviewed pleadings to ascertain where the case is, and if its been set for trial yet; 0.50 TAD Review additional information from prior investigation. Revise report to include additional information. Revise report. 2.70 02/25/2020 GB Telephone conference call with EEOC; reviewed and edits to second request for production; drafted & emailed letter to EEOC under FOIA 1.50 Page 99 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905369 STATEMENT NO: 30310 adv. Moyse, Roseline (RLO) HOURS IR Preparation of City of Boynton Beach's Second Request for Production, directed to the Plaintiff; draft email and forward draft to GB, for her review and for her assistant to file with the Court; prepared ticklers to check exact date when discovery was propounded upon Plaintiff, to calculate the deadline, in accordance with Fla.R.Civ.P. 1.350; 1.30 02/26/2020 IR Preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, noting fact witness testimony, from records received by the Plaintiff and cross-referencing same from previously listed witnesses, as received from the City initially. 1.70 02/27/2020 GB Telephone conference call and Emails with EEOC regarding FOIA Request. Reviewed documents from the City. Telephone Conference and Email with City regarding documents. 1.10 FOR CURRENT SERVICES RENDERED 22.00 4,038.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 12.10 $205.00 $2,480.50 INGRID RIERA 5.90 125.00 737.50 TRACEY A. DECARLO 4.00 205.00 820.00 Photocopies 2.45 TOTAL EXPENSES THRU 02/29/2020 2.45 TOTAL CURRENT WORK 4,040.45 BALANCE DUE $4,040.45 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 100 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905375 Suite 101 STATEMENT NO: 30311 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Geraci, Sanford and Meredith Geraci, John (Confrontation/Police Officer) Billing Category: 18- RLO Claim#19757010 HOURS 02/14/2020 TAD Receipt and review of correspondence re: status of case. 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 101 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905392 Suite 101 STATEMENT NO: 30312 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Alves Fernandes, Bruno Henrique (MVA) Billing Category: 18- RLO Claim#19762606 HOURS 02/06/2020 TAD Receipt and review of correspondence from claimant re: claim and receipt of correspondence from City re: same. 0.20 02/13/2020 TAD Receipt and review of correspondence re: claim and records request. 0.20 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 102 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905400 Suite 101 STATEMENT NO: 30313 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Marcelin, Janeilla (MVA) Billing Category: 18- RLO Claim#19774521 HOURS 02/10/2020 IR Receipt and review of email regarding case has been settled by TriStar; retrieval of paralegal file and noted that same settled and advised of same as of February 7, 2020; removed case from pending presuit cases and weekly W.I.P. 0.30 FOR CURRENT SERVICES RENDERED 0.30 37.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TOTAL CURRENT WORK 37.50 BALANCE DUE $37.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 103 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905421 Suite 101 STATEMENT NO: 30314 Boynton Beach FL 33426 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18- RLO Claim#19779868 HOURS 02/13/2020 TAD Receipt and review of correspondence re: information on claim and review request for records information. 0.30 02/24/2020 TAD Receipt and review of correspondence re: recommendation and medical information. 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 104 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905423 Suite 101 STATEMENT NO: 30315 Boynton Beach FL 33426 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit Billing Category: 18- RLO Claim#19780873 HOURS 02/03/2020 TAD Receipt and review of correspondence from City re: depositions of officers. Prepare correspondence to plaintiff re: same. Receipt of correspondence from plaintiff re: additional depositions and prepare response to same. Review plaintiffs request for information and prepare correspondence to city re: same. 1.10 02/04/2020 TAD Prepare correspondence to city re: discovery conference and receipt of response to same. 0.30 02/05/2020 IR Reviewed online court docket from Palm Beach Circuit Court[appeal] and federal court; 0.50 TAD Attend site visit. Receipt of correspondence re: deposition from plaintiff and prepare response to same. 1.30 02/06/2020 IR Receipt and review of event scheduled for February 7, 2020 between counsel, to discuss pending issues; 0.30 02/07/2020 TAD Review discovery objections re: conference with Plaintiff. Extended telephone conference with plaintiff re: discovery and claims. Receipt of correspondence re: same. Prepare correspondence to plaintiff re: discovery requests. 3.30 02/10/2020 TAD Receipt and review of correspondence from the City re: documents for response to duces tecum request. Review additional records from the City. 2.70 02/11/2020 IR Revised Trial Witness and Subpoena Duces Tecum tracking chart, to update new deposition dates of witnesses; receipt and review of correspondence regarding 1200 bate-stamped records, as the City of Boynton Beach's responses to Request for Production; 0.60 TAD Receipt and review of correspondence and prepare for meeting with Pierre. Receipt of disclosure documents from the Plaintiff. Prepare notice of deposition Palmer and duces tecum request. Prepare correspondence to plaintiff re: meeting and receipt of response to same. 2.80 02/12/2020 IR Receipt and review of emails from opposing counsel, conversing with Counsel for the City of Boynton Beach regarding discovery and trial preparations; updated ticklers to follow up with same between the parties, Page 105 of 1023 Page: 2 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 30315 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS and in conjunction with Order Setting Discovery Procedure and the Court's Order SEtting Trial Date & Discovery Deadlines; 0.50 TAD Receipt and review of correspondence re: Hattab deposition. Prepare correspondence to City re: meeting. Receipt of response to request for records. Reveiw minutes. Meet with Pierre re: deposition. Confer with City re: additional documents in response to duces tecum request, 6.30 02/13/2020 TAD Receipt and review of notice of deposition of Cafaro and duces tecum. Prepare correspondence to Cafaro re: same. Review records from City re: meetings and correspondence for pre-deposition with Officer Baldino. Prepare outline of deposition issues for Officer Baldino. 2.80 02/14/2020 TAD Review records from Plaintiff re: deposition of Palmer. Prepare outline and exhibits for same. Receipt of correspondence from Cafaro re: duces tecum request. Review initial disclosures re: same. 3.30 02/17/2020 TAD Receipt and review of correspondence from plaintiff re: deposition of corporate representative. Review additional correspondence from plaintiff re: additional deponents. Receipt of correspondence from City re: deposition of representative of police department. Prepare correspondence to plaintiff re: Pierre deposition. Receipt of correspondence from Baldino re: pre-deposition meeting. 0.60 02/18/2020 TAD Attend deposition of Pierre. Attend deposition of Palmer. Confer with Plaintiff re: additional depositions. 6.40 02/19/2020 TAD Meet and confer with Officer Baldino re: pre-deposition meeting. Review emails with her re: same. Meet and confer with Officer Cafaro re: pre-deposition meeting and duces tecum request. Review additional records from Cafaro and City share file re: Z Mart property. 3.80 02/20/2020 TAD Prepare memorandum re: deposition of Pierre and deposition of Palmer. Receipt of additional records from the City re: other properties for response to duces tecum request. 2.80 02/24/2020 TAD Receipt and review of correspondence re: depositions and prepare correspondence re: same. Receipt of additional numerous chronic nuisance property files and review same re: response to duces tecum request for deposition. Prepare for deposition. Receipt of correspondence from plaintiff re: depositions and receipt of second correspondence re: same. Receipt of notice of cancellation of deposition. Telephone conference with Baldino re: depositions. Prepare correspondence to City re: same. Receipt of additional correspondence from plaintiff re: deposition of Woods. 4.60 02/25/2020 TAD Receipt and review of correspondence from City re: lien. Confer with SHB and JAC re: same. Receipt of correspondence from plaintiff re: depositions and discovery. Prepare response to same. Review information from the Clty re: meeting minutes and transcripts re: depositions. Prepare notice of deposition of Kirit Shah. Receipt of responses to discovery. Prepare correspondence to plaintiff re: mediation and discovery conference. Prepare correspondence to City re: mediation. 3.80 02/26/2020 TAD Attend deposition of Officer Cafaro. Confer with Cafaro re: same. 5.80 Page 106 of 1023 Page: 3 CITY OF BOYNTON BEACH 03/03/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 30315 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS FOR CURRENT SERVICES RENDERED 53.60 10,836.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.90 $125.00 $237.50 TRACEY A. DECARLO 51.70 205.00 10,598.50 Photocopies 663.25 TOTAL EXPENSES THRU 02/29/2020 663.25 TOTAL CURRENT WORK 11,499.25 BALANCE DUE $11,499.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 107 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905455 Suite 101 STATEMENT NO: 30316 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Murray, Katrina and Karissa Murray (MVA) Billing Category: 18- RLO Claim#20804547 HOURS 02/06/2020 TAD Receipt and review of notice and request for documents. Review documents and prepare correspondence re: same. 0.50 02/14/2020 TAD Receipt and review of correspondence re: status of information and inspection. Telephone conference with City re: records request. 0.40 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 108 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905457 Suite 101 STATEMENT NO: 30317 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Lazanby, Margaret (MVA) Billing Category: 18- RLO Claim# HOURS 02/03/2020 IR Receipt and review of potential new litigation by City of Boynton Beach resident; online background search of potential Plaintiff, including Palm Beach Circuit court docket search, social online searches and other internet searches; review documents sent from the City's Risk Management division to the City's Attorneys' office, relevant to Ms. Lazenby's allegations,which includes a police report and Ms. Lazenby's automobile insurance records, which include color photographs of Ms. Lazenby's automobile, with minor physical damage; 1.60 02/06/2020 TAD Receipt and review of correspondence re: claim information and documents. 0.20 FOR CURRENT SERVICES RENDERED 1.80 241.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.60 $125.00 $200.00 TRACEY A. DECARLO 0.20 205.00 41.00 TOTAL CURRENT WORK 241.00 BALANCE DUE $241.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 109 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905458 Suite 101 STATEMENT NO: 30318 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Drappes, Madelyn (Tree Root Damage) Billing Category: 18- RLO Claim# HOURS 02/06/2020 TAD Receipt and review of correspondence re: claim and pictures. Review report re: same. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 110 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905459 Suite 101 STATEMENT NO: 30319 Boynton Beach FL 33426 Attn: Lynn Swanson adv. CantrellL, Wanda (Trip and Fall) Billing Category: 18- RLO Claim# HOURS 02/04/2020 IR Receipt and review of new personal injury claim, in presuit, made against the City of Boynton Beach; reviewed numerous color photographs; conference with TAD regarding same; initial preparation of Trial Witness and Subpoena Duces Tecum tracking chart; 1.70 02/06/2020 TAD Receipt and review of correspondence re: claim and information on issues. 0.20 FOR CURRENT SERVICES RENDERED 1.90 253.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.70 $125.00 $212.50 TRACEY A. DECARLO 0.20 205.00 41.00 TOTAL CURRENT WORK 253.50 BALANCE DUE $253.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 111 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905460 Suite 101 STATEMENT NO: 30320 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Johnson, Alexis (False Imprisonment) Billing Category: 18- RLO Claim#20806809 HOURS 02/06/2020 GB Reviewed claim. 0.60 02/14/2020 TAD Receipt and review of correspondence re: claim and information on claim. 0.20 02/19/2020 IR Receipt and review of new City of Boynton Beach proposed litigation, received from Richard Ignoffo, III, Risk Coordinator I, Human Resources and Risk Management at the City; receipt and review of correspondence from Law Office Gwendolyn Key Tuggle, counsel for Ms. Johnson, and enclosures to counsel's February 4, 2020 correspondence, specifically, Alexis Johnson's 4 page statement of the August 6, 2019 incident at the Wal-Mart hair salon; receipt and review of City of boynton Beach's internal information relevant to presuit litigation; prepared paralegal file and initial set up of Trial Witness and Subpoena Duces Tecum tracking chart, listing witnesses and any potential exhibits, including possible surveillance, police body cam footage, etc. to request from the City; 1.20 FOR CURRENT SERVICES RENDERED 2.00 314.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.60 $205.00 $123.00 INGRID RIERA 1.20 125.00 150.00 TRACEY A. DECARLO 0.20 205.00 41.00 Photocopies 13.65 TOTAL EXPENSES THRU 02/29/2020 13.65 TOTAL CURRENT WORK 327.65 BALANCE DUE $327.65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 112 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905462 Suite 101 STATEMENT NO: 30321 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Copabianco, Ewa (Charge of Discrimination) Billing Category: 18- RLO Claim# HOURS 02/14/2020 TAD Receipt and review of notice of charge and correspondence re: same. 0.10 02/18/2020 IR Receipt and review of email from City of Boynton Beach's Human Resource's office, enclosing Charge of Discrimination, executed on December 6, 2018 by Ewa Capobianco, against the City; receipt and review of U.S. Equal Employment Opportunity Commission, Miami District Office, Notice of Charge of Discrimination and Request for Position Statement and Supporting Documentary Evidence, dated February 14, 2020, directed to City of Boynton Beach, Employee Board, advising of the allegations from Ms. Capobianco and request for the City to respond to the EEOC by February 24, 2020; preparation of ticklers for March, April and June of 2020; online background search of City employee from allegation of discrimination, from December 2018; 1.70 02/20/2020 GB Reviewed EEOC Complaint. 0.20 FOR CURRENT SERVICES RENDERED 2.00 274.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.20 $205.00 $41.00 INGRID RIERA 1.70 125.00 212.50 TRACEY A. DECARLO 0.10 205.00 20.50 TOTAL CURRENT WORK 274.00 BALANCE DUE $274.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 113 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905463 Suite 101 STATEMENT NO: 30322 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Russell, Frederick (MVA) (State Farm Subrogat Subrogation Claim) Billing Category: 18- RLO Claim# HOURS 02/20/2020 IR Receipt and review of new automobile accident; F. Russell's 2018 Kia attempted to go around the City's garbage truck, but the Kia was unsuccessful by hitting a homeowner's property and the hitting the City's garbage truck; receipt email from City's Human Resource Department, with supporting records and documents, including the Florida Traffic Crash Report, dated February 1, 2019; receipt and review of State Farm Insurance's subrogation claim against the City, for its client's error in judgment, in causing the accident, resulting in damage to the insured's 2018 Kia; 1.30 FOR CURRENT SERVICES RENDERED 1.30 162.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.30 $125.00 $162.50 TOTAL CURRENT WORK 162.50 BALANCE DUE $162.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 114 of 1023 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 03/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905465 Suite 101 STATEMENT NO: 30323 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Estimable, Gerard (water damage to residence from sewer overflow) Billing Category: 18- RLO Claim# HOURS 02/27/2020 IR Receipt and review of new City of Boynton Beach presuit litigation, regarding alleged property damage to a City resident's home; reviewed photographs received with the new matter package from the City; preparation of paralegal file and initial preparation of Trial Witness and Subpoena Duces Tecum tracking chart; prepared tickler to follow up in 30 and 60 days from the date the case was received; 1.20 FOR CURRENT SERVICES RENDERED 1.20 150.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.20 $125.00 $150.00 TOTAL CURRENT WORK 150.00 BALANCE DUE $150.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 115 of 1023 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach February 19, 2020 Attn: claims@bbfl.us Bill No. 50137 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Jean-Baptiste v. Boynton Beach et al. 18352 cc: claims@bb.fl.us BILL FOR FEES AND COSTS THROUGH 01/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 01/07/20 Receipt and review of Court's Amended Order Setting Trial & LHR 0.40 Pre-Trial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge (4 pgs). 01/08/20 Correspondence to City Risk Director Julie Oldbury re: Court's LHR 0.20 executed Amended Order Setting Trial & Pre-Trial Schedule, Requiring Mediation, & Referring Certain Matters to Magistrate Judge. 01/08/20 Receipt and review of e-mail from insured Officer Jermaine LHR 0.20 Jones re: conflicts with trial period for dates of March 24-29, 2020 due to pre-paid vacation out of the country. 01/09/20 Preparation of initial draft of revised omnibus motion in limine. JHL 1.90 01/09/20 Preparation of initial draft of revised jury instructions to JHL 0.80 incorporate Court's ruling on Defendants' Motion for Summary Judgment. 01/10/20 Receipt and review of correspondence from Tracey DeCarlo, AGA 0.20 City Attorney, re: upcoming shade meeting and the potential settlement or trial of this matter. 01/10/20 Correspondence to Tracey DeCarlo, City Attorney, re: AGA 0.20 scheduling the upcoming shade meeting and if we need to attend same and the potential settlement or trial of this matter. 01/10/20 Receipt and review of correspondence from Tracey DeCarlo, AGA 0.20 City Attorney, re: confirming Lyman H. Reynolds, Jr. does not need to attend the upcoming shade meeting. 01/10/20 Draft/Revise revisions to initial draft of Officer Jones' Renewed AGA 0.90 Omnibus Motion in Limine. 01/10/20 Preparation of renewed Daubert motion incorporating Judge's JHL 1.80 order on summary judgment and Bedard deposition. Page 116 of 1023 Client: City of Boynton Beach February 19, 2020 Matter: 18352 -Jean-Baptiste v. Boynton Beach et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 01/10/20 Preparation of revised pre-trial stipulation to incorporate Court's JHL 1.00 order on Defendants' summary judgment and pending renewed motions. 01/11/20 Review and revise motion in limine re: Plaintiffs expert Bedard. GPR1 1.50 01/12/20 Further drafting revisions to renewed Daubert Motion LHR 0.90 concerning Plaintiffs expert Bedard. 01/13/20 Telephone conference with Plaintiff counsel Erica Chaplin re: JHL 0.20 Plaintiffs proposed motion for leave to bring in electronic equipment to Court. 01/13/20 Second telephone conference with Plaintiff counsel Erica JHL 0.20 Chaplin re: confirming no objection to our Daubert motion and lack of objection to their motion to bring in electronic equipment provided Officer Jones allowed the same. 01/13/20 Receipt and review of correspondence from Erica Chaplin, LHR 0.20 Plaintiffs Counsel , re: if our office would be opposed to a Motion for them to bring electronic equipment to the courthouse. 01/13/20 Correspondence to Tracey DeCarlo, Counsel for Ciy, re: AGA 0.20 correspondence from Erica Chaplin re if our office would be opposed to a Motion for them to bring electronic equipment to the courthouse. 01/13/20 Receipt and review of correspondence from Tracey DeCarlo, AGA 0.20 Counsel for Ciy, re: confirming receipt of correspondence from Erica Chaplin re if our office would be opposed to a Motion for them to bring electronic equipment to the courthouse. 01/14/20 Preparation of correspondence to defense expert, Dr. Michael LHR 0.20 Zeide, re: new trial docket and request for schedule conflicts. 01/14/20 Preparation of correspondence to defense expert, Dr. John LHR 0.20 Peters, re: new trial docket and request for schedule conflicts. 01/14/20 Receipt and review of e-mail from defense expert, Dr. Michael LHR 0.10 Zeide, re: no conflicts for trial period. 01/14/20 Receipt and review of e-mail from defense expert, Dr. John LHR 0.10 Peters, re: potential schedule conflicts within new trial period. 01/14/20 Receipt and review of Plaintiffs Motion to Allow the Use of LHR 0.30 Electronic Equipment, Technology& Communication Devices During Trial. 01/16/20 Correspondence to Plaintiff counsel Rogell Levers, re: LHR 0.20 enclosing proposed omnibus motion in limine for review. 01/16/20 Correspondence to all counsel, re: Officer Jones' proposed AGA 0.30 Renewed Omnibus Motion in Limine for review and approval. 01/17/20 Telephone conference with City Attorney Tracey DeCarlo AGA 0.30 regarding Jones' motion in limine, City's proposed motion in limine, and defense strategies. Page 117 of 1023 Client: City of Boynton Beach February 19, 2020 Matter: 18352 -Jean-Baptiste v. Boynton Beach et al. Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 01/17/20 Second telephone conference with Tracey DeCarlo City AGA 0.20 Attorney regarding revisions to Joint Pretrial Stipulation and confirming her approval to remove references to"chokehold" or "bear hug"from the City's statement of the case. 01/17/20 Correspondence to All Counsel, re: word versions of Jury AGA 0.40 Instructions, Verdict Form, and Pre-Trial Stipulation. 01/17/20 Receipt and review of Court's executed paperless Order LHR 0.20 granting Plaintiffs Motion to Allow Use of Electronic Equipment. 01/17/20 Preparation of e-mail to Plaintiffs counsel Anderson re: status LHR 0.20 of filing proposed Joint Pretrial Stipulation and additional time for same as due date is Federal Holiday which gives additional day for filing. 01/21/20 Extensive telephone conference with City Attorney Tracey AGA 0.60 DeCarlo regarding Plaintiffs proposed jury instructions and verdict form and our respective objections to the same. 01/21/20 Telephone conference with City Attorney Tracey DeCarlo and AGA 0.40 Plaintiff's counsel, Erica Chaplin, regarding issues with Plaintiff's proposed jury instructions, request for status of pretrial stipulation, and Defendants' proposal for extension of time to file jury instructions, verdict form and pretrial stipulation with the court. 01/21/20 Second extensive telephone conference with Erica Chaplin AGA 0.60 Plaintiffs counsel regarding her objections to an extension of time and advising Plaintiffs revised pretrial stipulation will be forthcoming. 01/21/20 Second extensive telephone conference with Tracey DeCarlo AGA 0.60 regarding objection by Plaintiff's counsel to extension of time and defense strategies. 01/21/20 Third telephone conference with Erica Chaplin, Plaintiffs AGA 0.20 counsel, regarding agreement to extension of time until Thursday to submit proposed jury instructions, verdict form and pretrial stipulation to the Court. 01/21/20 Receipt and review of Plaintiffs Renewed Omnibus Motion in LHR 0.40 Limine. 01/21/20 Correspondence to City Risk Director Julie Oldbury re: LHR 0.20 Plaintiffs Renewed Omnibus Motion in Limine. 01/21/20 Correspondence to Erica Chaplan, Co- Counsel for Plaintiffs, AGA 0.20 re: Officer Jones likewise objects to Plaintiffs Renewed Motion in Limine and inquiring about the status of the pretrial stipulation. 01/21/20 Receipt and review of correspondence from Erica Chaplan, Co- AGA 0.20 Counsel for Plaintiffs, re: Renewed Pretrial Joint Stipulation for review. the summary of the changes: Section (3)(e) -a description of the ruling, as in the previous paragraph; Section 4 - removed the docket entry; Section - 5(0) inserted. Page 118 of 1023 Client: City of Boynton Beach February 19, 2020 Matter: 18352 -Jean-Baptiste v. Boynton Beach et al. Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 01/21/20 Receipt and review of correspondence from Erica Chaplin, Co- AGA 0.20 Counsel for Plaintiff, re: Plaintiffs agreement to a joint motion requesting an enlargement of time until Thursday, January 23, 2020, to comply with the court's order regarding the submission of the Joint Pretrial Stipulation, Proposed Jury Instructions with Verdict Form(s) and requested Voir Dire questions. 01/21/20 Correspondence to Erica Chaplin, Co- Counsel for Plaintiff, re: AGA 0.20 attempting to call her re: Plaintiffs agreement to a joint motion requesting an enlargement of time until Thursday, January 23, 2020, to comply with the court's order regarding the submission of the Joint Pretrial Stipulation, Proposed Jury Instructions with Verdict Form(s)and requested Voir Dire questions and filing the motion for extension of time until Friday. 01/21/20 Receipt and review of correspondence from Erica Chaplin, Co- AGA 0.20 Counsel for Plaintiff, re: agreeing until Thursday for motion for extension of time of Plaintiffs agreement to a joint motion requesting an enlargement of time until Thursday, January 23, 2020, to comply with the court's order regarding the submission of the Joint Pretrial Stipulation, Proposed Jury Instructions with Verdict Form(s)and requested Voir Dire questions. 01/21/20 Receipt and review of correspondence from Counsel for AGA 0.20 Plaintiff, re: the renewed pretrial stipulation for review and approval. 01/21/20 Telephone conference with Plaintiff counsel Erica Chaplin re: JHL 0.20 revised motion for extension of time. 01/21/20 Draft/Revise Initial drafting of joint motion for extension of the JHL 1.20 deadlines to file joint pre-trial stipulation,jury instructions, and verdict form. 01/21/20 Telephone conference with Plaintiff counsel Erica Chaplin re: JHL 0.30 discussing joint jury instructions and pre-trial stipulation. 01/21/20 Receipt and review of correspondence from Tracey DeCarlo, JHL 0.10 City Attorney, re: no objection to Pre-Trial Stipulation. 01/21/20 Correspondence to Tracey DeCarlo, City Attorney, re: Verdict JHL 0.20 Form, Jury Instructions and Officer Jones' Motion in Limine. 01/21/20 Receipt and review of correspondence from Erica Chaplin, JHL 0.20 Plaintiff Counsel, re:joint filings. 01/21/20 Correspondence to Erica Chaplin, Plaintiff Counsel, re: JHL 0.20 acknowledging receipt of update on joint filings. 01/22/20 Telephone conference with Plaintiff counsel Erica Chaplin re: JHL 0.20 need for additional time to discuss pre-trial stipulation. 01/22/20 Receipt and review of correspondence from Erica Chaplin, JHL 0.20 Opposing Counsel, re: Pre-Trial Stipulation and Exhibits. 01/22/20 Correspondence to Erica Chaplin, Counsel for Plaintiff, and AGA 0.20 Tracey DeCarlo, Co-Counsel for plaintiff, re: a conference call for January 23, 2020 to discuss pretrial stip and exhibits. Page 119 of 1023 Client: City of Boynton Beach February 19, 2020 Matter: 18352 - Jean-Baptiste v. Boynton Beach et al. Page 5 PROFESSIONAL SERVICES Date Services Attorney Hours 01/22/20 Receipt and review of correspondence from Erica Chaplin, AGA 0.20 Counsel for Plaintiff, re: confirming conference call for January 23, 2020 to discuss pretrial stip and exhibits. 01/22/20 Receipt and review of correspondence from Tracey DeCarlo, AGA 0.20 Co-Counsel for plaintiff, re: confirming conference call for January 23, 2020 to discuss pretrial stip and exhibits. 01/22/20 Review of Plaintiff's revisions to proposed pre-trial stipulation. JHL 1.20 01/22/20 Review of Plaintiff's proposed Joint Jury Instructions and case JHL 3.50 law and standard instructions cited therein. 01/22/20 Receipt and review of e-mail from Plaintiffs counsel Erica LHR 0.20 Chaplin re: issues with overdue Jury Instructions, Verdict Form, and Joint Pre-Trial Stipulation due to Court not granting extension, and intention to file Plaintiffs own set if cannot coordinate same. 01/22/20 Review/Analyze Detailed analysis of Plaintiff's proposed joint AGA 2.90 jury instructions and compare them page-by-page to our proposed draft joint jury instructions to identify Plaintiff's revisions including revisions not identified by Plaintiff's counsel as required by Court's trial order in preparation for upcoming conference with Plaintiff's counsel and City Attorney tomorrow. 01/22/20 Review file materials including Court's Amended Trial Order, AGA 2.60 Plaintiff's proposed pre-trial stipulation, verdict form, amended exhibit list, witness list,jury instructions in preparation for upcoming conference with Plaintiffs counsel, Erica Chaplin, and City Attorney Tracey DeCarlo. 01/23/20 Correspondence to Plaintiffs Counsel, Chaplin and Anderson, JHL 0.50 re: overdue filings gamesmanship letter. 01/23/20 Receipt and review of correspondence from Erica Chaplin, AGA 0.30 Co-Counsel for Plaintiff, re: inquiring if there are further changes to the Joint Stipulation & Exhibits that can be sent over this morning. 01/23/20 Receipt and review of Court's executed Order granting Joint LHR 0.20 Motion to Extend Deadlines for Jury Instructions, Verdict Form, and Pre-Trial Stipulation. 01/23/20 Telephone conference with Plaintiffs Erica Chaplin regarding AGA 0.30 upcoming conference call to discuss JI, VF< PTS. 01/23/20 Receipt and review of correspondence from Erica Chaplin, AGA 0.20 Co-Counsel for Plaintiff, re: requesting us to send over our witness and exhibit list when they are ready, even without the edited joint stip. 01/23/20 Correspondence to Erica Chaplin, Co-Counsel for Plaintiff, re: AGA 0.20 advising Officer Jones is using previously filed witness and exhibit list at this time and our concerns regarding the revised joint pretrial stipulation. Page 120 of 1023 Client: City of Boynton Beach February 19, 2020 Matter: 18352 -Jean-Baptiste v. Boynton Beach et al. Page 6 PROFESSIONAL SERVICES Date Services Attorney Hours 01/23/20 Receipt and review of correspondence from Tracey DeCarlo, AGA 0.20 City Attorney, re: advising we can use the City's prior witness and exhibit list. 01/23/20 Receipt and review of correspondence from Tracey DeCarlo, AGA 0.20 City Attorney to Erica Chaplin, Counsel for Defendant City, re: inquiring if pretrial stipulation provided by Plaintiffs counsel is the final version we are reviewing. 01/23/20 Receipt and review of correspondence from Erica Chaplin, AGA 0.20 Counsel for Defendant City, re: final version of renewed pre trial stipulation for review. 01/23/20 Receipt and review of correspondence from Tracey DeCarlo, AGA 0.20 City Attorney to Erica Chaplin, Counsel for Defendant City, re: the Plaintiff's exhibit list not including the objections noted on the previous version filed with the last stip. 01/23/20 Correspondence to Tracey DeCarlo, City Attorney and Erica AGA 0.20 Chaplin, Counsel for Defendant City, re: the new exhibits listed: See#81-86; #97 refers to x-rays; #100 refers to summary and final reports; #104 refers to medical records and billing records from Choice Physicians. inquiring if they will be providing us with copies of these new exhibits. 01/23/20 Receipt and review of Plaintiffs Notice of Filing Jury LHR 0.90 Instructions (45 pgs). 01/23/20 Receipt and review of Plaintiffs Notice of Filing Proposed LHR 0.40 Verdict Form (5 pgs). 01/23/20 Receipt and review of Renewed Joint Pre-Trial Stipulation (as LHR 0.80 filed by Plaintiffs counsel, 54 pgs). 01/23/20 Receipt and review of Plaintiffs Notice of Filing.Proposed Voir LHR 0.50 Dire Questions (12 pgs). 01/23/20 Correspondence to Erica Chaplin, Counsel for Plaintiff, re: AGA 0.20 edited joint stipulation. 01/23/20 Correspondence to Erica Chaplin, Counsel for Plaintiff, re: AGA 0.20 edited joint stipulation with revised paragraph 8c. 01/23/20 Correspondence to Erica Chaplin, Counsel for Plaintiff, re: AGA 0.20 inquiring if they are filing the Pretrial Stipulation with the exhibit lists, witness lists, and voir dire. 01/23/20 Receipt and review of correspondence from Erica Chaplin, AGA 0.20 Counsel for Plaintiff, re: advising they are filing the Pretrial Stipulation with the exhibit lists, witness lists, and voir dire and provided cell phone number. 01/23/20 Correspondence to Erica Chaplin, Counsel for Plaintiff, re: AGA 0.20 advising we already filed the Pretrial Stipulation with the exhibit lists, witness lists, and voir dire since we did not receive a response from her. Page 121 of 1023 Client: City of Boynton Beach February 19, 2020 Matter: 18352 -Jean-Baptiste v. Boynton Beach et al. Page 7 PROFESSIONAL SERVICES Date Services Attorney Hours 01/23/20 Correspondence to Erica Chaplin, Counsel for Plaintiff, re: AGA 0.20 inquiring if she was able to reach Kevin Anderson on the qualified immunity issue. 01/23/20 Attendance at extensive telephone conference with Plaintiffs AGA 5.00 counsel, Erica Chaplin and City Attorney Tracey DeCarlo regarding the parties' proposed joint jury instructions, verdict forms, pre-trial stipulation, witness and exhibit lists, and voir dire. 01/23/20 Draft/Revise revisions to initial draft of Defendants' Notice of AGA 0.30 Filing Defense Jury Instruction and Verdict Form. 01/23/20 Receipt and review of correspondence from Tracey Decarlo, AGA 0.20 Counsel for City, re: enclosing the proposed Notice of Filing Defense Jury Instructions and Verdict Form and requesting her input on the same. 01/23/20 Receipt and review of correspondence from Tracey Decarlo, AGA 0.20 Counsel for City, re: approving our second revised draft of Notice of Filing Defense Jury Instructions and Verdict Form. 01/23/20 Receipt and review of correspondence from Tracey Decarlo, AGA 0.20 Counsel for City, re: input on first draft of Notice of Filing Defense Jury Instructions and Verdict Form. 01/23/20 Draft/Revise Initial drafting of revisions to proposed joint jury JHL 1.50 instructions to incorporate case law, objections, the language from the standard instructions, and feedback from all counsel. 01/23/20 Preparation for conference with City Attorney Tracey DeCarlo, JHL 1.60 Plaintiff counsel Erica Chaplin, and AGA re: proposed drafts of joint jury instructions, verdict form, pre-trial stipulation, voir dire, exhibit and witness lists. 01/23/20 Draft/Revise Drafting of revisions to proposed joint pre-trial JHL 0.80 stipulation pursuant to feedback from all counsel. 01/23/20 Attendance at telephone conference with City Attorney Tracey JHL 5.00 DeCarlo, Plaintiff counsel Erica Chaplin, and AGA re: proposed drafts of joint jury instructions, verdict form, pre-trial stipulation, voir dire, exhibit and witness lists. 01/23/20 Draft/Revise Initial drafting of Defendants' objections to JHL 1.60 Plaintiffs exhibit list. 01/23/20 Draft/Revise Initial drafting of Notice of Filing Defense Jury JHL 1.20 Instructions and Verdict Form. 01/23/20 Preparation of exhibits for Notice of Filing Defense Jury JHL 0.40 Instructions and Verdict Form. 01/23/20 Receipt and review of correspondence from Tracey DeCarlo, JHL 0.10 City Attorney, re: her observations of opposing counsel. 01/23/20 Correspondence to Erica Chaplin, Counsel for Plaintiff, re: JHL 0.10 approving proposed PDF's to be filed along with the pre-trial stipulations. Page 122 of 1023 Client: City of Boynton Beach February 19, 2020 Matter: 18352 -Jean-Baptiste v. Boynton Beach et al. Page 8 PROFESSIONAL SERVICES Date Services Attorney Hours 01/23/20 Receipt and review of correspondence from Erica Chaplin, JHL 0.10 Counsel for Plaintiff, re: receipt of all of the Defendants' exhibits, advising Plaintiff will file and email the Voir Dire and inquiring if we also intend to use the same Verdict Form. 01/23/20 Correspondence to Erica Chaplin, Counsel for Plaintiff, re: JHL 0.10 advising need for revisions to Verdict Form. 01/23/20 Receipt and review of correspondence from Tracey DeCarlo, JHL 0.10 Counsel for City, re: receipt of the City's Proposed Voir Dire questions for filing with the Court with the Stipulation. 01/23/20 Receipt and review of correspondence from Erica Chaplin, JHL 0.10 Counsel for Plaintiff, re: Plaintiffs Proposed Jury Instructions, Plaintiffs Proposed Verdict Form, and Plaintiffs Proposed Voir Dire Questions. 01/23/20 Receipt and review of correspondence from Erica Chaplin, JHL 0.10 Counsel for Plaintiff, re: Voir Dire Questions for all parties submitted to Judge Altman. 01/23/20 Receipt and review of correspondence from Erica Chaplin, JHL 0.10 Counsel for Plaintiff, re: confirming Plaintiff completed the filing of the Renewed Joint Pretrial Stipulation with Exhibits and the Parties' Proposed Voir Dire Questions. 01/23/20 Preparation of further revisions to proposed Pre-Trial LHR 1.80 Stipulation, proposed Jury Instructions and Verdict Form, and Notice of Filing same with the Court. 01/23/20 Correspondence to Erica Chaplin, Opposing Counsel, re: JHL 0.20 Defendant Jones's proposed Voir Dire questions. 01/23/20 Correspondence to Erica Chaplin, Opposing Counsel, re: JHL 0.20 proposed Notice of Filing, Joint Jury Instructions with highlighted revisions. 01/23/20 Correspondence to Erica Chaplin, Opposing Counsel, re: JHL 0.20 proposed Verdict Form. 01/23/20 Correspondence to Erica Chaplin, Opposing Counsel, re: JHL 0.20 proposed Renewed Pre-Trial Stipulations with revisions. 01/23/20 Receipt and review of correspondence from Erica Chaplin, JHL 0.20 Opposing Counsel, re: revised Jury Instructions per telephone conference. 01/23/20 Receipt and review of correspondence from Erica Chaplin, JHL 0.20 Opposing Counsel, re: renewed Joint Pre-Trial Stipulations. 01/24/20 Preparation of correspondence to Honorable Roy K. Altman, re: AGA 0.30 Defendants' Notice of Filing Defense Jury Instructions and Verdict Form along with WORD-formatted copies of Defendants' proposed jury instructions, verdict form, and proposed joint jury instructions. 01/24/20 Correspondence to Erica Chaplin, Opposing Counsel, re: JHL 0.30 requesting additional cell phone videos listed on Plaintiffs exhibit list. Page 123 of 1023 Client: City of Boynton Beach February 19, 2020 Matter: 18352 - Jean-Baptiste v. Boynton Beach et al. Page 9 PROFESSIONAL SERVICES Date Services Attorney Hours 01/24/20 Initial drafting of Defendants' Joint Motion to Allow the Use of JHL 1.10 Electronic Equipment, Technology, and Communication Devices During Trial. 01/24/20 Initial drafting of proposed order on Defendants' Joint Motion to JHL 0.40 Allow the Use of Electronic Equipment, Technology, and Communication Devices During Trial. 01/27/20 Receipt and review of Plaintiffs Response in Opposition to LHR 0.70 Defendant Jones' Renewed Motion to Exclude the Testimony of Dr. Roy Bedard with exhibits thereto (66 pgs). 01/27/20 Receipt and review of correspondence from Tracey DeCarlo, JHL 0.20 City Attorney, re: additional cell phone videos in Plaintiffs possession. 01/28/20 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Response in Opposition to Defendant Jones' Renewed Motion to Exclude the Testimony of Dr. Roy Bedard. 01/28/20 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0.40 re: Plaintiffs Demand Letter for Settlement in the amount of $140,000 for full and final settlement of case, her intention to bring same before the Commission at the upcoming February 4 Commission Meeting, and review of settlement demand letter attached thereto. 01/28/20 Preparation of email response to City Attorney Tracey DeCarlo LHR 0.20 re: acknowledging Plaintiffs $140,000 settlement demand and her intention to bring same before Commission next week. 01/28/20 Review of Plaintiffs Response in Opposition to Officer Jones' JHL 0.50 Renewed Motion to Exclude the Testimony of Roy Bedard for preparation of reply to same 01/29/20 Research case law for use in Officer Jones' Reply JHL 1.20 Memorandum of Law to Plaintiffs Response in Opposition to Officer Jones' Renewed Motion to Exclude the Testimony of Roy Bedard 01/29/20 Review of Plaintiffs Motion in Limine in preparation of Officer JHL 0.50 Jones' response to the same. 01/30/20 Preparation of initial Draft of Officer Jones' Reply Memorandum JHL 5.70 of Law to Plaintiffs Response in Opposition to Officer Jones' Renewed Motion to Exclude the Testimony of Roy Bedard. 01/30/20 Preparation of correspondence to counsel for City of Boynton LHR 0.90 Beach, Tracey DeCarlo, re recommendations for disposition of case, including potential verdict range exposures. 01/30/20 Research case law in support of Officer Jones' Response to JHL 0.70 Plaintiffs Motion in Limine. 01/31/20 Preparation of initial draft of Officer Jones' Response to JHL 4.90 Plaintiffs Motion in Limine. Page 124 of 1023 " Client: City of Boynton Beach February 19, 2020 Matter: 18352 -Jean-Baptiste v. Boynton Beach et al. Page 10 PROFESSIONAL SERVICES Date Services Attorney Hours 01/31/20 Draft/Revise revisions to initial drafts of Joint Motion to Allow AGA 0.50 the Use of Electronic Equipment, Technology, and Communication Devices During Trial and proposed Order granting the same. 01/31/20 Receipt and review of Plaintiffs Response in Opposition to LHR 0.70 Defendant Jones' Renewed Omnibus Motion in Limine with Memorandum of Law Incorporated and exhibits thereto (29 pgs)• PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 22.70 185.00 4,199.50 GPR1 George P. Roberts, Jr., Of Counsel 1.50 185.00 277.50 JHL Jordan H. Lewis, Associate 43.50 160.00 6,960.00 LHR Lyman H. Reynolds, Jr., Partner 11.90 185.00 2,201.50 Total Professional Services 79.60 $13,638.50 CURRENT BILL TOTAL AMOUNT DUE $ 13,638.50 Balance Forward: 16,939.59 Payments &Adjustments: -16,939.59 Total Due: $ 13,638.50 Page 125 of 1023 S, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach February 19, 2020 Attn: claims@bbfl.us Bill No. 50138 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 01/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 01/03/20 Extensive telephone conference with insured Captain Zeller re: JHL 0.50 how he received the subject unredacted documents 01/09/20 Correspondence to City Risk Director Julie Oldbury re: LHR 0.20 Petitioner Zeller's Reply Brief in Support of Petition for Writ of Certiorari. 01/10/20 Receipt and review of 4th DCA's executed Order granting LHR 0.20 Petitioner Zeller's Motion for Extension of Time to File Reply Brief&acknowledging timely filing of Reply Brief on Jan. 9, 2020. 01/10/20 Receipt and review of correspondence from Summit adjuster LHR 0.30 Ed Kron to Tristar Rep. Karen Klein and Officer Matt Zeller re: coverage opinion letter. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount JHL Jordan H. Lewis, Associate 0.50 160.00 80.00 LHR Lyman H. Reynolds, Jr., Partner 0.70 185.00 129.50 Total Professional Services 1.20 $209.50 Page 126 of 1023 Client: City of Boynton Beach February 19, 2020 Matter: 19132 - Geraci v. Zeller Page 2 CURRENT BILL TOTAL AMOUNT DUE $ 209.50 Balance Forward: 9,415.30 Payments &Adjustments: -9,415.30 Total Due: $ 209.50 Page 127 of 1023 REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management February 24, 2020 Attn: Karen Klein Bill No. 50386 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470-000396-AB-01 BILL FOR FEES AND COSTS THROUGH 01/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 01/16/20 Draft/Revise correspondence to Karen Klein re: summary of the SWK 1.90 depositions of Officer Robert Stephan, Nicholas Fervil, and Marie Claire Jeanlor. 01/21/20 Review/Analyze Witness Marie Claire Jeanlor's transcript from DPC 0.50 her deposition taken on November 12, 2019. 01/21/20 Review/Analyze Witness Nicholas Fervil's deposition transcript DPC 0.50 from his deposition of November 12, 2019. 01/21/20 Review/Analyze Witness Robert Stephan's deposition transcript DPC 1.60 of his deposition of November 12, 2019. 01/28/20 Review/Analyze medical records of Domingo Cuevas Gonzales DPC 0.60 produced by Plaintiff to document why Mr. Gonzales could not attend his deposition scheduled for 1/30/20, 55 pages. 01/28/20 Communicate/Other Counsel correspondence from Attorney SWK 0.20 Sharmin re: Domingo Cuevas Gonzales' severe health issues create inability to testify at deposition scheduled for 1/30/20 and doctors note in support of same. 01/28/20 Communicate/Other Counsel correspondence from Attorney SWK 0.20 Sharmin re: will cancel Domingo Cuevas Gonzales' deposition due to his severe health issues if City Counsel agrees to same. 01/29/20 Draft/Revise Notice of cancellation of Deposition of Domingo SWK 0.20 Cuevas Gonzalez. 01/29/20 Review/Analyze of file to determine relevant documents in KLR 0.50 support of deposition of Flor Maria Cuevas on January 30, 2020. 01/29/20 Plan and Prepare for deposition of Flor Cuveas, including SWK 1.40 review of traffic homicide report, police report, and Cuveas' trial testimony. Page 128 of 1023 Client: Gallagher Bassett Services, Inc. February 24, 2020 Matter: 18187 - Readon v. Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 01/30/20 Appear For/Attend deposition of Flor Cuevas (includes wait SWK 1.80 time delay as counsel for City over 30 minutes late to deposition). PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount DPC Danna P. Clement, Partner 3.20 185.00 592.00 KLR Kathryn L. Reeves, Paralegal 0.50 110.00 55.00 SWK Stephanie W. Kaufer, Associate 5.70 160.00 912.00 Total Professional Services 9.40 $1,559.00 CURRENT BILL TOTAL AMOUNT DUE $ 1,559.00 Balance Forward: 2,062.50 Payments &Adjustments: -2,062.50 Total Due: $ 1,559.00 Page 129 of 1023 6.B. Consent Agenda 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Proposed Resolution No. R20-022-Authorize the City Manager to enter into a Kiosk Agreement, Addendum to Kiosk Agreement and End User License Agreement with Java Connections to purchase LaptopsAnytime kiosks that will house 36 laptops for Library customer use inside the Library. Explanation of Request: The Library will like to order two sets of LaptopsAnytime kiosks that hold 18 devices each for a total of 36 laptops for Adult and Teen Services. LaptopsAnytime kiosks are designed to be integrated into our Koha I LS (Integrated Library System) and a space-efficient way to extend untethered access to mobile laptops in the Library. Laptops are to be loaded with popular Microsoft Office software and W i-Fi, thereby providing reliable access to the web. The City believes that LaptopsAnytime is the sole source provider of proprietary all-in-one "automated laptop /tablet/portable 110V power charger self-checkout stations" used by institutions such as Public Libraries. Therefore, in accordance with Florida State Statute 287.057 Procurement of commodities or contractual services, the City electronically posted a Request for Information (RFI)with a description of the commodities or contractual services sought for at least 7 business days on Demandstar and no responses were received. How will this affect city programs or services? Library Customers are be able to check out one laptop at a time and use anywhere inside the Library building. Laptops will be equipped with W i-Fi, Microsoft Office, Library electronic databases and wireless printing. Library Customers will be able to conduct research for academic or entrepreneurial pursuits, find public assistance or leisurely use. Fiscal Impact: Budgeted State Aid Grant funds will be used to purchase the kiosks. Alternatives: Do not purchase. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Yes Page 130 of 1023 Grant Amount: $89,785 ATTACHMENTS: Type Description Resolution approving Kiosk Agreement, D Resolution Addendum to Kiosk Agreement and End User License Agreement for Java Connections D Agreement Addedum to Kick agreement, Kiosk Agreement and End -User License D Quotes Quote D Attachment Sole Source Justification Form Approved 2-26- 20 D Addendum LAPTOPANYTI KAE Sole Source Letter D Attachment Authorized to do business 2020 D Attachment RFI-Kiosks Designed to be Integrated Page 131 of 1023 I RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO 5 ENTER INTO A KIOSK AGREEMENT, ADDENDUM TO KIOSK 6 AGREEMENT AND END USER LICENSE 7 AGREEMENT WITH JAVA CONNECTIONS TO PURCHASE 8 LAPTOPSANYTIME KIOSKS THAT WILL HOUSE 36 LAPTOPS 9 FOR LIBRARY CUSTOMER USE INSIDE THE LIBRARY; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, LaptopsAnytime kiosks are designed to be integrated into our Koha ILS 14 (Integrated Library System) and a space-efficient way to extend untethered access to mobile 15 laptops in the Library; and 16 WHEREAS, Library Customers are be able to check out one laptop at a time and use 17 anywhere inside the Library building to conduct research for academic or entrepreneurial 18 pursuits, find public assistance or leisurely use; and 19 WHEREAS, Laptops will be equipped with Wi-Fi, Microsoft Office, Library 20 electronic databases and wireless printing. Library Customers will be able to; and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon the 22 recommendation of staff, approves and authorizes the City Manager to sign a Kiosk 23 Agreement, Addendum to Kiosk Agreement and End User License Agreement with Java 24 Connections to purchase LaptopsAnytime Kiosks that will house 36 Laptops for Library 25 Customer Use inside the Library. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 29 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 30 Section 2. The City Commission of the City of Boynton Beach hereby approves S:ACA\RESO\Agreements\Agreement with Java Connections(laptop kiosks)-Reso.docx Page 132 of 1023 31 and authorizes the City Manager to sign a Kiosk Agreement, Addendum to Kiosk Agreement 32 and End User License Agreement with Java Connections to purchase LaptopsAnytime Kiosks 33 that will house 36 Laptops for Library Customer Use inside the Library, a copy of which is 34 attached hereto as Exhibit"A", "B" and "C" respectively. 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of March, 2020. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Justin Katz 44 45 Commissioner—Mack McCray 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Ty Penserga 50 51 52 VOTE 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 62 63 (Corporate Seal) 64 65 66 S:ACA\RESO\Agreements\Agreement with Java Connections(laptop kiosks)-Reso.docx Page 133 of 1023 ,ADI)F'NOU'VITO KIOSK S11lPP'()RT AGREEMENT Thlr AODEM)k AWTO Kl()SK Addendum—) aniends ilhai certain Conti-act 1)y, and txzliiwevrt the City of Koynton Keqxc(r, FL, Oicreinaftex reterred as "C2tv") and Java Gass niierte oilts LLC/La ptopsAnytinie a Tcxx; for profit corl-xim tu,,Irr and its affiliates(hereInaller rOrrcd to For purp.,o � of Lhis Adkicndurn, thc AgrcNLmient shatt niean and includc this (It Addendurn (Ill '111C K`I'P4StIpTxirt Agrc-=cni and .ill exhib irs attaclic:d tricrew,' i f i I I Lind Usk,r Ljo,.-"s L Agli"n%tn� (fV) Annual I lardwarc cniccs, Agrcenx,,ml' (VI Dcep Fr,,e%ec Secdl�,.-,'vc Lio--rtsc. (�Tli Tlw QLRAC and Siihz Source Leter prf,s%id(x1 h-% LAPYOP'SANYTIAIF, arid (VII) EaxJj Seitciln,nt u&Worla or SOW cNecutod b,' the Partics Owrc=ificr wflccriwclv rekrrcd to is content lint o the A nicti t lx, -Twec Ii 't[ic(,"jt and LAPI 0)"SAVY"FUML 'fo Llw cxte'nt dial zuw r,IF the Wrins or con( ttiow, ccpnr,,)3ncd in this Addcridurn inav conliadrd C)l COnfliCt wVlilrh linNr (If the wri-n- coridarens cuitamed ill Thc Agrccruciii, wl,d wiycnhor allawlinicniLs provlclwd ic) Clr."' x's appbcahk'�' IT is c'Lpr,L.-'sSliv undcrstt-W Lind as iccd thaL rhc ter rs ofthl"', Adderittim shall takc pre'U'dence cner all ofthe f'otegour" 41 L1_1fkz'tke �Ls cif t cflecn'w,c tLw, vjf tho Ata,TLcrrient the f6flowrnE,, scz;noas shall be added to t1w rc c rnl,: rt tjpjj'Tatirm. of Lia biliry, Nor6thstandmavv iiflihc or this Addendum, City shafl not be liable ar ill, [APTOPS,ANYTTNI F ti,cyc)nd The rnonctanlimits Mid anIOUnts speciFwd in Ch- '1768.'28, Ha. Stat., as amended, reLTijfnle-w of -sald fiabiht), be based in tort, contract, irriderfiruly or or[lie,r' iso, and in no even! sliall Cim be kable tcs 1..,kPTOPSANYTT%11F for punitive or exemplarY daniages or for lost pilofil-" or c.'Ons'cqucnlial daTtlal"ICS Fees, Ln the event,of 1''tigaij on w h i ch ar 1 ses out 4,4', n,)r pet-t a i n s to, or relates to the Apreement cit L16s Andendurn, or the breach thereof, or the &Cn1, rprovided herein, of the 7 1 standFIrrd ol"11crf'orlivance herein required, the prcvaihng, pai-ty shall be entitled to r.,t tea-scmialfle artornev's fee, Nom,ithsundlng,,the foreegc,' ,in- sentenco, the rnaxitnurn aMornev's fees which one part'$, can recx-)ver Cro,in Cite otht-i w I I nol cx -,tx-d S i 5.1(,)00. IMY sball cornp�,y with all statutes, la'�vs, Conjplance with Lwvs, LAPTOPSAN,_YT ()TdIr1aT1C,C.s, rjjlCS_. T-C�adanoni and lavNful ot-ders of the Unaed States of Arnerica, Stme of ROTI& CIM, of Boynton Beach and of any other public aulhoni , .0i'Ch I may be applicable tc,, thts Avrvcrucr'f 4 Disaster'( Pavnteruw The("Itv Sh"ill T14,11 be charved any cosis. fees. charges. or expenses for Nvnients aniounts wbich have been disputed by the Crtv ).4ithin thirty (30,)slate fi,orn 1hedau. Cwt invoice until such tir-ine as a iesoluric)n has 0C4:,rJrr(xi between the parties for the disputed payrnests or, porilons theroof, 'ACII I"� 1JIL)II 11 e :y ul, ':t tc Cha ter 111), Horida S, Public Records. 'I lie City of Bo c tv mc ij�x 2� p Statu res, 11('ti wi t h stin di It "Ill n V '.'1gri:cMCn1 to maintain (7��V� fj de n u al hifornianon LA PTOPS A\? 1,7TXfF" Shall Comply 1xith Flurid Public Records Law,- Specifically, LVTOPSANY ql_Lal I Page 134 of 1023 Keep and maintain public rccords required, hy (lie Ciiy to pet-forin the service. 14x'm fequesi: from the Clte's custodian of public irccords, prt )vide thc Cdy wiih a copy ofthe, L requested records or allo,.v the rccord,, w be ittsi-wtvjVtj of C()l, IleC] �NI'tjlInja reasonable time zi a cruet rhai do-es not exceed the ccr-,t provided in chaptcr I l9 [1a, Suit , c"r as provided, Ei-t-surethat publlic rccords thatet,evxe-mlil,ov"t ,gat are confidential and exempt from public record 1 d &,sclosure requiremeats are not discloseed exccir ;v, aij1h,IT,I V'etj JJV 1CM ilie dutation of ,ie colitlact llctrn arld,rollo"vino comptetion of tile contract, L-VTOPSANYMV177,STrull 41CSMIi' all copic�-s of Such corifidt�rthal and exeivipt records reinainiq ssi aft in ai posse on , ter transfer's the in its tyn to vosses,,o' the itv, d , , C . aI i Upon co'nlptefiorl offllc oormact, LAPT(MIS ANY'l LMI" sit &1 transfer to the City, at no cost to the ('ity, aU pubhe iecards in possicssion. A.11 records stored e1&-,.rjon1c-aflv bN,-, must be provit,h,,%,,! w the Al"", upoll lvx'[LJQ�t fi'tHTI thIC City's cusudanof'publicreccards,in a form atbrat is cornpafible%,601 the inf-nTm'flion systern",r.rl rlr City d 11 fairlure of SAP TOPSANYTIM17. 14-,'1 comply ivull the picivisicuts set f'otdj ol lhl�Allielesli4ffl consfit'LAW ,'l Defijult and Breach oC this Apuectuent, for 1which, the City may terlitinate The N-fee'111 ell 1, IF LA T'OPSANYTIME HAS QUESTIONS REGARDING TIIE LI 'A',ION OF 01APTER 119, FLORIIA STATUTES. TO LAPTOPSAN `TI ME"S D1,AATO PHOVIDE PUBLIS..` ' CORD I,,,,kT]N(',, TO THIS CONTRACT.("ONTA(71"THE CUSTODIAN" OF PUBLIC RECORDS AT C R VSTA 1, G I BS 0 N, CH"Y C 1,E,RK 3.301 QtJAN'JAJN1 , St'i"ITE 101 BOYNTON BEACH. FLORIDA, 33426 56 1-742,E- f I I tf f"51 1-3 1 it F,,I'.I�S, 6 Records and Audit, City rescr-ves the ro ':iudlf ific recOff(JI,, of I.,;NPI'01PSANYTIMI"' itelalinq ito this - Xreemew any t me dunmg the perforilunce, and term of rile A,, Z" 4�1 I I -;rcernent and for a, petlW of three (I) years aAer teuriination of die Agrige(t1el"ll If requ'ted_ t) I (Aty, a�-,,i-eeto submittoan edit 1` an independent certified public and jokeview the iocoids anv and all times during normal business ha-,41rs during the term of this A(greement- LAPTOPSANY H NI[-'. sfrail prescrvcani'J makc vval la,b Ic 11 j.)r I n I I ltd personnel dulv authc',rized by City, compUter date and other records related w tlivset-,"K"C's imn'idc(l un diet this A�teenienl The �eco'f(k vvill It m ade a v al I A I e durl no nornial b List D C�S' hours upon, -twmily-four ('241hours il0tiLe 11'� tile Cliv Page 135 of 1023 ' c.rt,ttrrrtd t.�i+a9r't,�aaar'r��:�, a. "oni lt' r)with Section 287 135, Floridawutu:js, Nvhich prohibits a,nercivs it() r contracurl>, with c�orrr rtrsics for gods or ser, saes of any rrr molt (hat ;are on the c°ru6ru d 0-trrtlratrie drat Boycott ott I ist or that ars:participating in a berg oll of kxael, of Ont:million dollars or more if" at the time Of riddruu,.,. I.3 P'ljt PSAN -Tlla'IF vs t?r the Scrutinized Cimripanies wth .A tip°micas in SkAdln l.,ia„t Or the Scrutinized tw`ratr"parrir"a �%ifr Actin ihos in ttsu,- Iran Pe rolcum Fnemy Sector Lisit or has hUS1,nvs% c,lwarjtrcTrr.;s in Syria, The bo,xott Israel list. is c r t dlruasuaa nt to 211 472 1. Florida tatttte r5 surd the Sudan and Ir"m) lists are c-r corb cil to swc i on 2'I� ` 3, Florida staturlru;t . [� � tlTua person authodzed to i0ii on beha.1fot'1,APTO PSANYT'R1E I herebv certify thatt LA V'J 0I"--, IN,N`F I. I L, !4 notIr-0a$trc`,ai,arrirraT irr at tnovc,ratt Of Israel,cut the crutirilz,c°.tl. "a,rrr,lr trmkr with , ctiy itic° iTr tidarr 1-int(Yrthe Scrutinized " rr`rrlsarrsrc illy r tip iti in the Iran Plellrc,leurrs Frruarr; Sector List, or that it d+. s not hwy o bu,amness, operaticns i in S,yd a_ I tandcratarrtt and agra:c that pursuant to sechor'r, 7-87 l,. lcr�irlat tattat ra.,tla ,ribrrtrss-rrrrr (ifa o blrng placed on the Scrutinized Corrtparno that 130'.' it IsACI Lt'SIL 01 crrirar,inry in a b,ouycosat of Israel (,r Imirr- placed on the +.rru hni7 d G,-)a;r atrrics with A i��ine% rs's aadatrr I s t t,r` tlrc. a:rutirrized ().lniparri m with Activities in the lri:ffi P tr+old"urri Fnx-tgv ScCWT" List_ or engaging in bu%ines operations in yd,=r is wlli bvicause for the City to terminate this Allr e srrerut wit the optr+'.rtti of the 0tN� In arr,lriitir rr. l,,APT'OI'S,kNY'l 14E rtta.,a, be s-uaNiect, tali ti,rl perialtics. attior ley'r fees, rr ,'or e_s svt I.°IrtsrCecrP.. `I"I,is Agyccment shall be 4ko-�,erned b the I r,l`lhc S tats of I'ltrrrida and t nue shall btt rrr Palm Beach :t;yrrrtzc� °tla ut regard to Its a,on lic•s cfl-law, The parries hereby agrc that in the e%Lenj f)f rrrrey hta�L,,atlrrn between theraa such prck7eedrriy, shall Its: l�r;�rrtAl�t cxclus"P,,el�ly in the couarl.t of1he State of Florida. "c:untrt of Pam Beach sar thct edcraI District t t"crr,rrt wilh $ra' i a t raratt .4 un di�ti.�at mad ellT'a c,arulr$ , rrr the 'r,a.rrtt til F arb Beach, lurtru t. Ilarta.ir I)aTTy' fieTe y, irrev,o ably consents and subm ii�, tolhe,j ari di ction of, and terata rru the aforementioned entioned cour'ls ant! Imthei 'xj,a es ary claim that a Iarocc din- brcxq,h,i thtu arias has been brrrur-rr,in ars ,rucom,-;rricnt forurrr. t t t«nflrct of biter st I.wAPYtit' " .# NN"I.,I F covenants that no, person utadet- its cn-nploy who pres,ently r"xcicises arry;' functions or respor.;ilrrlrtr s, In ccrrrttuttNliaur, �vlth this ar?TCCr11,ett has . any p r ural financial itrt r �t.=, diroct ,_rr indirect, with city- a PTlPSANY,i"I tl': 10, Ethics Disclosure. LA11TOPSANIA-YUNIE warrants that no elected offlicial, officc-r- anent or cmploycc of the City has financial, interest diructly or MdircctlY in this contract Of the cornivnsafion txs bc paW urider '[L, and I'Lli thel', thaa rw) cliltv efts ployee vdio acts In the, City of Bovniton Beach as a'-purchasing agent-as defined by §I F-2 .312(220)1 Flofida Statutes, nol "In%, I elec-.1ed of appoinlud of], IV of'Boynton Beach, no anyspouse of child of such purchasing agent ernployce or elected or appointed oRlcer, is a partntr, offiiccr tfireclor, or orf ,APIJ*OPSANY T[%4l I--and furthel''tbAt TIO sucli City city elected or appointed officer. or the spouse or child of any of them. alone or in ck)rribination, has rnatt`dal interot in Tvlalei,ial inieivst rneans direct I so (,� a] s k of mthrect ow-nership of move. than live (5) pcTcen't of Otc, lc)tad a, , Is oi ipitf to-,k of L.,WTOPSANYTIME (ndemmty. L.AlYFOPSA NY T IME shad I lademn,if,,, and hod tial atless City, and its elected and appointed officers, the officers, dffecior1k,enlploNees,agr nis and offier consuftanis,of each of them, fronn and a�ainst any and all c[airris, fines, fees, liabilities, dama, s. losses and costs. including, but not hinited L(,.), reasoriable, anornev's fees, to the extent caused by the neg- figence, recklessns, or Int ennonal wrongfid misconduct of LU'LOPSANYTINIE and other persons CnIpl(y yt„(.j or Ljtjji7e(j tly LAPTOPSAN"N'TINIF1 n the perl'OfTnance of this AvTceinen� LAPTOPSANYTIME agrees to indemnity, defend. save and Wd harmless the Cln,, its ofTicers, agents and employees, from all damn ges, liabilities, losses. clairns, fines and feesi, an _d from anv and all suits and actions of evcni name and description that m,ay be brat g1it gainsT City., its officers, agents arid employees- on account of any claims, fees, royaRies, or. ccrsls, For any inve-rition 01' pawnt or fior thv Infringetnow ofany wid all copyrilghts cm, patent rights c I al rn ed by a n y rson, fi rm, or corp-onation This indemnity OICIUdes but is not firnued to claims attributable to bodily injury, sickness. dlsea,i�! or, dealh, or to Inj I Ury (,ir tJ(,-,sn,ucmion (it' tari ,Iblc f,'not4, rt,ymcluding the, W'orlrl' 4s(dl'I and lncludinT, Ow loss of use resulting ther&om. Payment start amount due pursuant mthe forept3ina indeninitv shall, after receipt,ofwrite en notice by LAPTOPSANWINIF, firioir,, the City that SUCII arrIOUT11 is due, be made by LAU,"'TOPSANYTIME prior to the City being required to pay satire;, or in the alternatip e- this tv, at the()t N"s,opti on, inav rn A e payin en t or an am(xi n t so due and L A N-0 P S A N YTINM T' shall promptly reimburse the City for mme, !(.,)f,,,eihcT vvith initerc^si thti-ct)u at the slal,11toi),rate from the date of receipt by LVII'011SANN"ITNIL, of wrinen n(>nce from the Citv that such p -n YTINIF agrLes� at LARTOPSAN"N'TIMF.'s expenso, at'ler ayi ew is due LAPTOPSAN wrilmn notice from the Cityto defend anv action apalinst the City that fifllsvilthin the, scoj�e of Ons, indeninliv, or the Gtv, at die Gov's option, rnay ehtcl riot to acotqit such dcr,�nsc and may elect instead to secure its own attorney to defend any sixb action and the reasonable costs and expenses of such anornev incurred 'In derendina, such action shall be payahle hy from the City- fails to make any parent due Kcrcundcr to the tuftyLAPI OPS.AN YJIME shall pay any reasonable atrorney` fees or costs incurred by The CMF in securing any qjch Payment from LAPTOPSANYTINII-1, .......... Page 137 of 1023 -Nothiu- co)mained heicin is intended, nor shAl it be coqsjTl�ed to vvajve the Clov's lIolhis and -orn time C t) fiWne miniunives under Ow corlinion lav, or I ,Ua Statilte §768 28 as aniended Fw This,ON[- tic-in shall ricit be, conmneg, sied to �atc, abilde g , cir otherw1se teduce any eather r'r!!j,1 ,a I ot o.blill'ilation of indervjwiity which,would otheryrsc exist ill the City's favor I 1 .1 1 -I on 11' Tef In I nati on fof- N n-A �Is'otwidi_st- nd no any other of this A,preement, the Oty shall rasa l)e obligated performance hereunder or by any pi,ov Islon oF flii-s A,peement durirq, kiny of the City"s futute fiscal years unless and until the City Counc�s] appropriaws fiimfs fix this Avrov"ICT'a in the Cin" baa or any aniendmurit rhereto, FUT, ejkjs �uch future Ciskl year lay the event thaL fulids are not i ate, -nent, then, this Aipeenient shall tei nunate as of SCpternbef 30 cif d for this Agieet Lhe last fiscal ' ar for funds were apprc�pnakted, 'The City shall nolify I he 1,A P'F0 1)S A N Y"�TXI I� in a ri fi ng of a n N, u CAI non-a H,oic a 1,1,o n oaf.rui id s ;tat th e, e a ii I o I- po's,s-11 b I e INondi�,-�,tjrrlhuauon and 17_�puilDuTl'nv, Ole 1VIA"orniao nce f ihik, yn'lent I-APTOPSAINYTINIF. shall not discn-Mi1nate ag,.,,aarisL any cmployL-c ol,ej applicant f(jr`employrncjlt be"ujse of raccolor- sex or nahotlat oncun. 14, Diwjplj,nir � a:tae�a� LAIITOPSANYTME a,,,gees ft", 2nimedlatcly die Cltv of an,,;, disciplinary action Inip<)sed apirisi, 1,,APT(_)l1SANYTJ%1l71' or any of Its ernployee,151- by any regmlatory ageirc v with the charge,Of rcgulating f,AJ11T()11SANYTl N1 F I, CLivvicwd n,.t air List LAPTOPSANYTINIL- represent-,,,, to CIL,, ffiat it is not a persjon or all"il�ate as defined ui 6187.1. Florid-a. Suit ules, vvhich ha� 1)cen placed on the convicted, vendor list tniiintaincd by Ifu, Forida Department of NIalragicnICT11 SeyTvices followinp, to C(YrIviction F()r as I,Y,,ublicen6tycrIT-no LAJI'l OPSANYTI IF acknowl edi es,trnd ag �rees that it rnav not, submit a bid on a contract to providc arl.j coodj Of Se ce "s t0L the Cit, rnaN not Slubmit a bi'd on a contract with 0he City for the c)r repair cA,"any public bulldin�s, oI public %a-ork, rrl<ly not submit bfids, on lua,ses Of rCrI PTC)P(.'I-'tN with the Civy, may not, be avvarded anopporturkiiy to perf(,,,r-ni im_lrk- as as LAN 0)P'SANYJ'1M1-,, supplier, sl.,bconiiacior or ]APTOPSANYTINTF, undei at contract with Ilie and may not Transact bus"kness the OIN, III tiara allifl-KnIT sel forth ;T,l §787,fl;l 7lurid Statutes, for Cau��,,clrry F&O for a Period ofTHIRTY.SIX l;3(:)) nionths ,far urn ilwr date Of being ,,p4w,ed on the convicted -vegldor list_ 1(5 Th e s 'ce ided pursuam to taro, Ageement shall l:lv uon�exclusive, I z:1 sery s pro" A lnie partres, acknov,,1,,cdc that there is adextuale Consideration to C'nCoreAe each and ev cty p rov I s I on of th c A�,,r ctm e tit, .18-Modificatic,sTi-, 1`.xcopi as specifi call y anlended Or modill-ked liereirt, the tenns, and ptovisioins oft1w Avp,eernent remain ulichan-ed No future arnloridnient, niodifircation to the Algcme"t shall "I(Tet:t the,terms and condititmis, contained in Ns Addendiuni vwitN,�la, spe,,ihic reference rr,t-ris Aclkndury �.,nid appro-vreel by boili paoes, in wThing is a tai c-xcTi-,pt enurry and not I.All"I'OfISANYTINME and Cit,,, agrou Ihaf. Citi subic,ct w the pa-valem (.-,17 taxers candor' the Agreeeni Page 138 of 1023 IN WFFNESS WHERE,01', ih,(,- panies have hCrt.-UMCI wt lhcif hands and scals 01'ective W�of tflu�oi-fecilve date of the AgTernicTit CITY OF BOYNTON HENCM JAVA CONNEGFIONSLLC, LAVI"Ol"SANYTIME Prina Nanic� Print Na,mc, t v j Titic, Dale, .............- - Page 139 of 1023 Kiosk a this Kiosk Support Agrieemenr >thrs� °'A r a f"l 6 ,va legtzd contract between you (that, party identified on the lent page of thans Agreement wh o lames ,u navd this Agreement, referred to herein as 'you„ or "`your"), it, either an individual or a single business or government entity, and Jaya C.,onner io nrs, LLC � Laptop-i, nytrrnu and its affiliate-s(�t P s nr 'ra e',, "we,",or "oulr",l. 1. SCIOPE OF WORK &FEES FOR SERVICES Ll Initial Setup, With respect to ..nyzu!A; , ordered by you sand Lave;ed by an End User License Agreement tvM e,n you nd t.M'atatuaLa.Anytrrnu (" ` sks'i, LaptopsAnytime MH set up the Kir k.,5 at, your d sign red 11w rraitnal tup aril be accomplj�heyd by one of our trained specialist-, and will include assIstance,with u%mrAtno thusy mua,i 8��n lapttup.uu'device integration, networking setup, and can %itc,traininp for your support sraft and arf'aaaini%tra'trur,_ 1.2 Fees for Initial Setitap,. You ,agree to pay Lapt p-�Anytirna for charges related to its lrritinl 5,PTury Said r,:har'g are grasser on g��er�at.raphancal arcya, current travel rates, and r,urttb,erot d sir. tlana;k:xr ;and lr c atior"i v, and wdl be invoiced to you (wht"cnl, and are da pd tan l aptop:u^tnyti rra ', rratcrs Zat the time nt milia! Setup, You satree to pay the lnitiial SM. up charges within dayof tA Selvice Plea. LaptopsAnytirnat currently otters,Three difter nt ;a-,rvic e P ackapes, e aitJa of which is described on Exhr#j A haartetru l-a)fato SAnytrran will provide 'maintenance :vervice and support to dans Kiosks in ancordance with The t'r,•rtro.Jir Service Plan you chows- lo ckat,;,d a particular :Sctrvin Plan,caamiILtc, sign,, and return to [aptralasArnanme a campy of Exhriart l 4 Annual fee for Service Plan. f c.,Jfuurrrrr. your is lc`ction nal' a SeNccy Package., laptopsAnvrime gill invoice you for the applicable, annual fora fhte annual fee is a non-re�uundatale payr i rat for r Ov (t 2) tnontla ,of tervicv ("Service P ri a li payment of tho n ire annua.ai foo , due within hirty (30)da~,r, ut your receipt of that:rnvattcM. 1.5 Service Pleamica( a" . .. In all events and under rail 5ervire PlRarts, oeplacernent pdrts that are provided to you pursuant to this Agreement are pr vidt-d' an on exchange learns, and the parts that were replaced become the property at I,apzopsA ytirrne,, . For baa aaa�--rs pre-f overnb r 1, 2019, the def ult rate for Scriartgay upgrade's is S1,000 per tray, You bi-nefit from the reducjd rate for SirnattBay up r dos under the Gold Plana or Platinum Plus Ptarr r-nh, If your ha,ivv ,,cgIectcd and paid for three (a) consecutive years cut the particular plan (e.g. only af'ter yo a have e,,A+ated and pwd' for a ycaam of the Gold Plan are you tntrflud to the Gold flan prise of 57VJ per by frsr SmartBay up r u c.)_ Starting an November I 70119, ra i,a of � "vice Planraadude a -y er, ,,t ivar and 5-year refresh pry mane , lir tale cases, you have. to be or) th v sarne plan for catfiLr 3, 4 or 5 years to gait rhe benefit, araf the, refresh- It i; faa,a _rha6,r to, up rjda< from, one plan type to another by paying The diff tttr ua4 going,backwards, array The ne arnount going forward. C. On-,fte On-,ftsupport is aaraala.Ne on regular traua,i app" d a r 4Npluswrd,�vy to f rudy and excluding feder,il frr.rlyda E frrrrrt ;iM a.m. to 7p..rra. IST. . FOUR RESPONSISJUTIE5 You agree tci: Page 140 of 1023 2A Use Kiosks in acTcardancf-%Vth 1.aptc�ps,Anylime's speq-.Jfic',ations Z.2 Correct any dscrr.-pancy(s) m use Oiat is not compliant with Laprop,-'Jknvvime' speafications, 2.3 Prmide elp<Trical work exTPrn,7,d to tjrw, Kwskr. Z4 Prnvide a hazard-fre-e fast Lite Kjo5k!i, Damage due to hwardaus, envircmi-nental corroftionA are not d,w rt-sponsibihty of LaptoprsAnyUme. Ha7ardous envrronmental conditHJfls include, but, ate not hrmted to,, tuner sive atmospherus, electrical spikeor noJw,,, or severe arolowr)l ternmper..jtrj r e CfrarrpgC5 2-5 Re, responsible fin' certairr routine maintenance tasks such: as external cleaning of the perform Inr cat.w.stroma d chr<-ks,and r'epdcmg pw L.,as recommended by,LaptopsAnytirne- 2.6 Refriin from altering, rno&fying, or changinF any Kjosk,,;, and from fevr--est engineering the hits P , 2J Allow, Laptops Anviome full and fret, access to the Kirrkt, for vurwn of corrective and/or p4-eyentwe rniantenance, 2.8 Provide Fate To Kiosks for service and maintenance.. 2�9 Abide by rhe termc.of the Fnd Us t Ur.ert!w Agi cernen L. 3- TERM OF AGREEMENT. the term of thJ5, A,greernent, to,after the inttaflation of the K,Iosk(,--) by t-aptopsAnybrtre ami, shall remain effective unfli tfrmfiiition of the End-U5,ei, Lictw"u, Arigreernent lr,*'�Tween you and LaptcipsAntirnc. Notw1th-ra nding'the tare Toing, you may ternunite this, Agreement at any time; howevv'-,,-r, tfivve is no refund of any portion at the annual fee paid, in the event of a termination,tv, rf* Agre errretil 1-xi ior to Liu: expration of any Service Package Period, Unle,�,,s you notify us otherwise, art, or areund The time That ycn,o Nervwv P-ackage Period is set to expire-, laptopsAny'r-ime wdl invoice you the annuat fee for The next twelve 1,12) rnonth perrod of time based on ng Service Package- 4LIMITATION Of LIABILITY. in no event shall LaptopsAnytime be liable for any warranties that are not specifically set forth in this Agreement. SWificallty. you agree that LaptopsAnytime is not liable for arry warranties implied by law of otherwise, including any warranty of merchantability or fitness for a particular purpose. In no event shall LaptopsAnytime be liable to you or any party related to you fora indirect, Incidental, consequential, special, exemplary, or punitive darriages or lost profits(even if resulting from the negligence or gross negligence of LaptopsAnytinae),regardless of the notice of the possibility of such damages., S- GENERAL TERMS 5.1 Gioverning Law and Choice of Forum. I his Agreement shall be governed'by and irtteffireted in accordance w[th the 14ws ref t1he stow rel`f Texas, without regard to the conflicts ow t f laules thereofi Any claim or dvspute irifing, in conrNection writh this Agreement shalt tic resol'Ved in the 44PApr.)l era, state courts situated wrth[n Dallas Unoity lvxjs to the maxirrium extent permitted by law, you he,rcbv consem- -to the jurisdiction and vt1nur. of such cour'U, and waive any objections to the jurisdiction or venue of such courrs, 5.2 Severability. tf any term or provvsun of th*Agreement is declared void or unenforceable in a particular situation, by arwjUdAlcial or adrninistrati've authority, th,i5 declaration shall not affect the validity of ernfr rc tailat of UIC rCfT1JmrnP i , terms and provisions hereof or The vafirfity uov enforceability(af the offendinp to or proAsion art start other situate on. Page 141 of 1023 5.4 Headings. The headings contaified in This AF greemeAnt ar(,Ancorporited for refetence purposes only and sha)[11 niot affect ffie mearnng or interpretation of tim Agre-corunt. 5,5 No Waiver. '1he fadurt of eitlfwt party to enforce any rights gmuted fiereunde-r or to take. action against the otherparty in the event of any breach hereunder shall not be deemed as waiver by that party as to subsequent enforcernient of rights or subsequent actions in the event of tuture breaches. 5.6 Amendment- We re-,,m,we, Tho ngfit, In its 5,4>le dttitMion, to arrivnd the tLrrTTs of the Service Levv�f.and/or to other terms of this AArternent folloviing the expiration of of one year from the date of g the start of a particular Scrvrice Loved, provided we provide you at least thtrty (30) days advanced notice of the proposed changes. If you do not accept amendments made to the Service Levels or any otl-rf,tr terrrr, of ti,is Agrr"ment,then thi-s Agre.-ernevil, volt tx- tc-frilinated, along with the End User Hcenswttgrerment- 53 Force Majeure.. Ne�ther party 0,1"M be fiaNe for",rony dody v-i perfuimance of its obtigations under fliis Agreenie,,rlt ro thea exterrT sjjct-a delay in purfi-irmarx',le of iU, olbhtabons i� caused by involuntary ptanT shurdo%vn, acts, of G<�d, fircs, floo<fs, ea5tihquake, waTs,, riots, 'terrorism, sabotage, labour d[Tpute-,or shorrigec,, governme-nt actKxis, thr,-1n;Aishty to c�,btam rrratun,wls oa transportation,or any other circurtirrianoes beyond the rr-.vwnable control of tl"w affecled P„Irly (Vat-ch, a 'Force rndj I .acre Pvpntlin, the event of j Force Pjolajeure Evo'lt, the party will be excuscd from further pt-riortmance during the rwtod thx, tlfw MatuurL, Lverit p1l and bfialf resurne pelt formnaricc at such timic as the impairment caused by such circumst.-mces ends or would hive ended had the affected party taken reasonable steps to remedy the Force Majeure Fvlenr, 5S Notices.Any ncjTi,ce r or permii-tied to br.-taven umfiv tlhw Agreement shdfl be in tainting and sfiall be deemed ivent and received fj)when pefson.-iflly dehveterl with j receipt ubtatned, l,itl on the date noted mm the date received, refused of uncoflectett if sera by certified or registered mait, return receipt rFLjuf-,ted,, pomape prepaiti or i,iiif Ittre eadjer of receipt or two (2,� business days after die sit with a nationallhsr overnight de4rver ,ervice fe-p., Fedftalb Express), at the addres-.es s4,t forth below each Party's name on the signature page• or to .tach other addre;r, that a party proviii1t2s to the other part/pursuant to the provisiorrs nfrhis paragraph. 5.9 Counterparts and Facsimiles.This Agreement fnay be executed in iriulbaple counterparts, each S or which ihallI h*- dee-,med an origin ,, ;it, but all of which together shall constitute one and the Same instrurrient, irB addition, this Agreement may be executed Lley tac6mile sipnoture,, 4rxl such signatures shall be deerned an original, g 5.10 Entire Agreement, The parties agrce (i) that th6Agreement contwns the entire aigreement bfmvia eln the partip�with fesrwri to The rnatnten,1i4r;x arid support of the Kiiosk5 and supersedes any and all prior orat or written or urx.Jtrstandirqps,� b t o %V cert, thartic relating to the siabject matter ol rhi. Agro�wit--rit,, (i 1, that no oral turd erstan6rig gs, stalemenLs, promises or inducenmenTs contr.rry to the terries of t1fis Agreement exist,, and no evidence cif prmr, cr)ntemK.mranetaus, or future or agreements may be used to contradict the trios ot this Apre,emeat, and (aril that any r6hance on ural agreernents, or statements in entering, into this A,greetriem wtH be unjustifiablle and unreasonable. IN VVIINLSS WHERFOF, the plartfif,,,s identified bttlow have executed this Agreement as of 20 20 ,the"Fffectivp Date'), lava Connections, LLC (aients Legal Name] dr/b/a LaptopsAnytime ..................---- Page 142 of 1023 Printed4me", Printed arnee 17,104, Prer t on Nrwt �uvtr.SW Dallas,74 752S2 EXHIBIT A-. 'VICE PLANS �+ „ , Platinum Plus Imp Year Refresh Program): Annual Fee - t of the Total' Kiosks s Cost Platinum Plan Year i, this package is the �r RefreshProgram)!:Annual comprehensive. �l,sr�� _ = % the Total t�rcft incl ¢d � udfita+;:rnl services, at no Kiosks Cost cast, and the 1wt wSts for service's maxi Turn value, ,., - offerwtg t$r'v :JIM ben fits of our Cold coverage with addition A discounts- ........ Gold Plan Year Refresh Program); Annual Fee of time Total Kiosks Cost Silver Plan ,,onorn4uj1 plan 'with redurud ctv-,ts of e. _l Fee r� u Naww- Note; kr ts mandatoryto for ser0re-- the Total Kiosks Cost o l completethe.duration W a Sc rwrcjrg Plan The ability rt Our ffc�rd�t & cvde% �i e, 3,, 4 or 5-vears) before rarir otelv flan, the Silver Plan .k .... . ,. ._..��. ualiNwr .- for the benefits M a Fre yk ualr Refresh. if you decide to arrc lu cs upgrade from one Man Level to anuth rr t'}vr, r:ojbrr he dpnr� at anq to the ability to tune by patrrrg,tfo,diff,-m-nm,+a l between ,dour current plan and the new glary rettce itc ly for preewious plan years and mhei,r p oy%rap' the higher rate aura f trd lair ..` those on Pratvious Plan Lev6s prior tri Page 143 of 1023 11,119,y'no h4w tau,Opl$on to upgrade. Contact uswat 87 1 836,30' for more,inform atic n, Page 144 of 1023 End-User License Agreement Annual Software& Harclxare This, End-Uscr License Agreement 0hTs, `,,4,,ercetnenl'� is, a leua.] contract b3'twcen you (tbe Marla,.. A-i-eement,, referred to denfit, c"'d on the last pa-e of this At:, enient and who h�L, s. gned 1his hucin as, iym ur aks,either an Individual ot at silildc busines.,,; tx ocn,'ernment cntity, yind Java Connections its affiliates READ THF, ,.I, 'RIMAND CONDITIONS OF MIS AGR F F'-,%4 F` T CARET"ULLY BFIFORE IXAVNI-CIADING JAVA CONNE("FIONS I.I.C'S PROPRIETARY SOF-TAVARE' (1he IR OBTAINI -i A LIC'FNSF T() 1-11F' �OFIAVARE` OR LSING T14E N( SOFTW'ARF, '11W.' SOFTAVARL IN COPY RTGI-1TV'D AND, FF IS LICENSED 10 YOU L,'.\, L)ER THIS AGRF.FAMENIT, NOT SOLD TO YOU- BY DO\VNI,0,%DTNG THE SOFFIVARE OR 0 F4 T,,\I NJ \ LARTOPSANY-ITME KIOSKTO T1IFSO1,71-WARE, Y'01" ACKNOWLEDGE TILAT YOU, HAVF RE'AD THIS A(3RFF%1FNT, THAT Y(A' UNDERSTAND IT, 1AND THAI` YOU ACCFPT ANT) A6RIA ..ro BE, BOUND BY 11S TERMS, If: YOU XRE NO'I' VVI1,1..,]\G TO RF ROUNM) 13Y THE '11"1INIS 01 ISIS IN (J,k ' R U',1s (J THE' vRF,,,UA1,FN'F, YOU SHOULD REFRAIN FRONT ACCF.SSIN(j O S0FTWARF*1,, ENTIRE AGREFMENT BU'IAVFFN YOU' ANT) JAVA CONNECTIONS 1-,I C. CONCERNIN6 THE.' SOFT\-VARE :N!ND THIS', A(i R I'l;M I-NT SUI11:16EUES AND R F P I.A Cl ANN' PRIOR PROPO&NI-, RFPRF-1S[1-1NT,A*F1ON, OR UNDE'RSTANDING YOU MAY ITAN-l', IIAI) WITH JAVA COINNN,ECTIONS LLC R,I7I,,ATWG TO THE S0FI-4\.A-ItE, IFIt-, WRMS (W THIS, ,AGRI-"EMEN] , 1,111-, II-1XI 11131 FS FHEREA0 S()Pl-.AS1-'1)F' VNlY AND AI,I. ('I.J('K\,VRAI1 OR U.;Rill I-Al ENTS REQuIRI11I) 01- FND USER FO CCEANDUSF THF SOMk.ARF AND KIOSK- 1, License 1.1. Grant of License Java G.�,mnovfio'ns,, 1,11, heleby iaims to ,ou, and you acccpt- a limits nonexclusive ficerISIC 110 Use tho Kiosk SoflkNare in niachinc,,rcadaNc, ob I.ecl ck-Ac Ibrn) r rt3 and the urea- manuals accompanying the Sall w-arc (the onty as authunZed in th"NSAIUMITlerIt For putpcy�s of this Agrccmcntthe 'Soft,,vare" 'nclwles, anv, updates'-01111ancemerits, modificalion", re-y's`;w,ns, or additioins to, the Sofv,�,arc made by Jwv,-� Connectionss, LLC and made available to erid-us(n�,,, t1nou--h Jai Conneenons LLC's v,eb site Java CotmectiomL1 hall pro,,ide you any and all uIxfates, ino&is tiotl S' revi-0,1 Ons, or addid ons to the Softlxare Lhwl i1 r el cases to M bov custonlet-s., at n0 ztdd4ional cost, any enhancements, i-nodifications, rcvislon,,, or at4fition-, lhial Ja,a,a (",onnections LLC elects to pr(,ro(jr will not, howe�er. be pro%ided to you if you fail to pay ific appficalbllicense fee, 1. . scope of f7se Y(,Mj 1-nay w"e -onet I b cop v of the Softwarc activated 'b'y. a LaptopsAnytinct " v�,�wat) owned, leased, Lr othem,,isc cc Klosk Host on a, wiN�Vj I introlled bN, ,a"oij. 'a tt ija%Le multiple kviosks wid towers connected wigether, you may make and use as Page 145 of 1023 Ti)anit', copies of the Softwnxe as permitted in the, jaarchase order- For purposes- of this Ag,reernent, of the soflv„'Pw Wneant, loaduiv the `---(;1kwaiv inlo ffite ternpwary enr, tr.rine ti rrt rnertiory Of �I COUII)Utef COrofol4n- the rental of dev�ces, Installation of the Sofivvarc ona nerixork server solely fciT conr7olhnp, ihe,fi rent,,j] (m cfivck "'nif c9f,k,-,(jmpuwT-S is oC the t»cAvvare, and k perntitied, as!on,,) as ycoi have a license for each sner Oirtual or physical)l Io vvhich the SgAllwaic is distributed The Sarlwate rmay not he usLxI on, in disTfIbuted lo, a -reater numher of kiosk towers than you have licensed, if you exceed The number of licenses yoxi have obtained you voll bc in breach ol"this Avy��etneril 1� 1.3. Copies and Modifications. Ycw may not revmc cnwneer, decompile, disasscmb1c, or otherv,irse ti-anslate the Soft,rvarc or kio-sk hard -,arc material, components, or any kic k hardware or ,,A,.)ftvar,e you have obtained Y�,N,4 rnHi or aily kicisk hardware that you ha,,v i2ibutined in any way You n,i,"IY not copy the sofiw�arc, 111c" Doctinierat. tion, and an), kjosk soffivare or hardware that "You have obtaincd, f-Or bacb-up or atch'val purl c< I`xcept as authafized in this Sectican, no cop I Les of the 'Software, Docurneni�,ion- or kiosk hardlovam- oi, any INirtloris therccst, rnay N' made by yuu or pwrsori, urn dci-yourauthority orcontrol, ■ 1.4. Assignment f Rights. You will not sublicense, ',JSSiu!ij redistribute, encumber, le,L-,Isc, rent, lend, cw otherMse transfer your fights and obligaiions in thc Software, Ducurncriwfion- �7 or kiosk as -eeinenL to anV paM w� -ritten consent granted by th s Aai thout pn'or % A,)J' .l a ki Corinodlorts 1,1.0 ,InIv[tm-I',-, to the CCMItfarV m the precedui,u, sem crice, g,dir rnay' this A!ereefncnl Ict Ofle f,,)tIjTCha-"cT "A' _I j�.,j rI[t I;ill!" niii ()I NLj)(11 assets, (x, to any succes�sor by nL-icr,,j,.IcT-, or sirnilar corporaw IAssl-nu-c-i providod, lwn,,.er ffw a(,rees in 1ssvn L'i n�� 1(_ this A, reenment 2. ItAtellectual Propero, and Confidenti'ality and Privacy 0 .11- Use RepLor6q,, Licouse, V'iolal in,iris and Rernediies,. Java Connections LIA' ie-sero-q the right to gather onlvr the follvving data on kiosk usa e: the rumber cif deviice rentals- server Ill addresses, arid domain counis necessar,,= to ensure that our products archunp- Used in awiirrlrarr ti with the ioiIns (Athiels En(Mkef License Agneernent, Not%,%;flhsmndin- I'' lie fole-Oinv, Java Connc ,ri oils LLC shafl Mwi, have ak: oss to Pa tr(,'xi I rlf't H ru4i(nl Java Connections LLC expressly prohibits Minultancoufs, multiple instal lati Gin S C1 (Air Sol'twait, and dornain counq overrides ,vithoui lir'of v&Ttlen alpprtival by Ja%,,a Conneclions IIC An'wr use shall be constdcred b,i, J,avdConnecilorcs, H,C 10})L"3 '00latiOn of this End,User License Aureement- Java Connections LLC re-serves the tif^hz w rerncdy -violatk"Ols irnmedi'alely Iqx-jn disCi)vetv, tori, Cfiai'Qiir� the Lfie.-I CulTent Gust price, unauthorized keys to the credit card used to make the original, authorizLd purchase, or by -k, ellectrcmilc4dly ot, ot1wrvose, ffie -aris any othcr Ine, no vcs�;ary u �1- v ' Timet dpi filov, C"qjivIIc7,wm,, transmission of data to ,,in ageod upon IP ,iddress a,x addresscs,- ruquired For compIL'jance vvith this Agreernew, AnY blocking of data required for compliance under this I'S considered to be violation cif this A-feeulellf and wilt result in ininiediate tc,ii-nination oftbis Agrecinent pursuant Co Section 4. Page 146 of 1023 2.2. Licens,e Automatic Updale and Expluatiou. Yaw- kiosk softwire may include ,,In cxpffitiOu date that can ic-zuh In the termination ofthe hcen,_�c. For confinued annual license renewal, ihe hcensve updates automatically excvpi IfJava Connections LLC determines tfiat as license is used in v'ic'dabon of the iernns c,)f this A-greement or the arnimal fe� Is not paid III' your kiosk Is stolen, or if y(Yu suspect an)," Impropei or• Illegal usage of your sofiware otu,_,4de of your control you should prOulptly notify Java Coanections LLC of such occurrence A tel-.0,,"wernent software dovvnload will be issizold to you and the suspect I r monthly or annual pays e� ,oftwarc w'11 be ow-rxritten, I or 1,xase hconse,,7, Y, I tot Ich klosk and to%�ver must be PT'CNCessed prior to Ohe expli'aticln date in order for software to be valid, For,a,our COM,ellOnce Java Connections LLC prc"odcs liceiise expirallori warntns in the product interface should thcre lie any Iswes that rvould cause the, prockic:t everatially oxp'koIt is rour responsibility to contacl Java Conricx-tiotIN LLC rejgardin-cl anN, Potential expiration that you deter inappropriate- Java Connections 1,1 C diall rim hatfle foi anydarnalges or costs Incurred in conrivctkon vvkh theexpired licenses or licenses "in. Nv'hilch the annual fee has not been piiikf, 2,3. Proprietary Rights to Software and Tradetuarh-s. You acknowlcdt.,,C tbal the Sof'Owiirc and Tile Documentation are propHctar-�"' to Java LLC, and the Soft%vaze and, Docan'riertrabon are protected 'Linder Unived States copynghl law and int ernafional treaties- -You fijrthcT ackno%lede arid aqp'ee fliaL, a_s berween you and Ja%,3. LIA", Java Connections L(,_C owns and conrinue to �ovin all rigjit, title, and Inteit-si in rand to, the Sofbo,,,are and Documentation, mcluding, a,,soci"Oed ullelleclurd s property TWhts luado.� Copyright' trade secret-, patent, or tradern-ark _niiAurcerneril does nat grant you any ownership imcrvsl iri (ir lo rhe Soffiare or the DOCUrnentation, but cui I v a I I III L 6ted riva t of use that is revoc,.Ne in, with the ternis of tats AgreemcmL Any and all trademarks r)l' stcrvice marks that Java Connections [,,I,,C uses in connecticol ,.vith the 'Softwaxe or vOtli services rendered by Java Corinecticrris LLC are marks owned by Java Connoctionq LLC ALreenient does not arant you any right, hc(m,.Sc, or interp.-_sl in sut'�-,h rriutrk,, and yrlu not assert aiw ripht- license, or 1ruerest in s�och inark..', or an, �NLcwds or desigms that are corifusinj,,,ly slniilar to �,,uch inin k,,' I Z.4. Confidentiality. You sllafl pert-nit cnily authorized usersixhio possess rightfully, obtained Passwords, to use tile or ici vpew; die Documentation- Fxccpt as expressly rU.'J'iorized b%, dii-s "Noreen2enT, VC)U shall not make available the Sofltsvare, Documentation, or any Basswardt(,.) any 116rd paity ye'_)sj will use rcasi-,)nabtc CtTC'rt5 10 Cu 11 "Oper"lle rrrcf iril, my tinauilhonzed use., copying, ivss m tva RConnec6ons LLC identifymg and pi'cverra' Z� OT dL SSCIOSUTV Of dle SOCI:vvaie, Docamentafion. orany portion flicre,of. I 2.5 Privacy/C",ompliance with Laws. Java Colinections LLC will use api:,ropri'ale feiauard the dama provided by administrative, technicat, and phys"'cal 'A'Cill il'�r ou,asurO. lo sof you and your usVis a-gainst accidenta, l, unautlinfized or unlawfiA desaitiction, alteration, disclost mc% 4tows-ti, use or processing, Java Connections tI.0 will not zee or sefl jr n al I N, ident'Fiabie data to third parTiCSL Java Cunritx-3 (in,, LIA" will conlply th ,all l ass's 1 nQj U(I -ivac� x data securitv la%x,-s- ]gut not hinked to Ole .ippjLC.j )IC I nc, pt Farnjl°,r Educational Rivbis and Lit 4v Aci, 220 T:SC 1232'2 ("FIEFTA"), in connection with perfomilm; the ser,�-ic.cs under th,', � Agecmeni Tot Oie oxtera, Java Connections LLC has Page 147 of 1023 ac,c-,ass to I-Aication Records as tha[ term 's dcrmeAf 'rh FIAPA, Java Connection-, LLC 'ks de-cmed, a'-sch,00l ofl-icial- as lhat ic�llnIs diefilned in FERPA I License vee's llxftware, will be av,ailable to you l'or ust, upol"i rt ceipi af annual or moritfily payrmrns ic, Java Connections Upon acceptance of this Ag, ki(,)sks '7cernent,boa wnay obla.in one or more by paying the requisite license fecs, and ClOst, USK11,10 the procedure s forlb or,,r Java CoTinccbon sl 1. W tt site and or Wnttcn documentatIon llie hcense fee�,-SL paid by you arc, pild In c"OnsideraTion ofthe licensc -ranted under this Aprecmem, ...........",......... Page 148 of 1023 4. Term mid 'Ferminau"011 This Agreement is effective kjp0,n VQoT ;j1C,(,CpianC(- of the A,,reennenl, S a upon your duwnk)m,,hu1F,,,- aC4,-,CSSnUH11 aad usinr , the Software, w,en if �ou haw not expressl,,, accepted this A-reement, This, Aoreement shall continue in eflicu until tCr1T1indjCd In accordanoe, with, ihk paragraph, \N"Ithmi prejudicc to any other rights, dais Agjemwm, will Lei minate autornalicalby, if yOu fail to 0001ply WiTh WIV of the limitations or other requirements desulbed hewn In ll'�VLJ inn lm,ing the SN'Oxare, and Call to p:ty the applicable license fees. Jav,,a Connecnons LLC shall have the T�iiFht to shut, down vmir seivo, You inay teminiate this, License Acmement any`annine �71 b (j) providing wt-itten nO-fiCC OfOUT decision to teminme the Ai, to Java Ccinnections I.I.0 and crit eltlier returning the Softv,,arc- Documentation, all copics thereof, and aH 11CIVInse kc-vs that you have obuitriml to Java Connection,4,,, Lt.(.' or destroyin,r,, all such materials and prcyo,i d i n o 9xritzen verification of such destmction, to Java Connecfions LLC Jua Connecijons 47 Ll,c 111a v wrin,nalo th", Liconse Anetarc ertt &you breach any term of the Aprcement by91',V,in�- N,o,u mmililt"T'i nonce ()f'youR lueach, a reasonable opportunitly to cw, -e the breach fmat to excced thirty (3,0) days), and in the event of vour fiallurc to cure the bmich, Java Connechons LLC decision it.) terminate the Agreemem, provided, ho%vever that Java Coflnections H,C may mnorrlamklljly lem,linitte the Ar ,,r° as specified het&i- Upon tunuriation of the, Agrecment by Jivz G,,-:mnections laj,,C. cm agree to either return to .f w, Connections LLC the Soft,,%ar Docurnenta6m, all copics thercof, and all liccuse keys that you have obtalm-41, Or (,,o des1r(,x,,1 aH -such a-taterials andpro vide written ,.,erification of suc,It destruction to Java Connections I,I,C ludeamification E'ach party (Ind ernnifying, Party) agrees to indemnify-, defend, and hold harmless the other pany Patw) and lis alllfiaws and the6- respecilve officer-s, eimployces, directors, agents- ficensecs ('excluding the IndemniffyinLg Part, I I sublicensces (cwtudin g the Indt:7nnifying Party), S�UCofs. and signfrom liability,and ainm any and all ! yaw slo drngeand ex,jx,-n,,k,S (Including reasonable auorney,," I't,,cs and xjvrjses) arlsing, out o;f any claim, suit, or to of ng t'rCl"j (a� In& cause action rclating, andor ari ,j', si tT,,rjjj'Vjrj,, Ra,rt%,'S J,-,,I,e�ach oc annm,rn ("d, this Agrrrnnt Edi ndemnifying Parry's violation of any T1 ij,,tIUS 01* WIN (filrd party The indemnificau,on obhLafioris set forth in flic iminediateiv preceding sentence shall sur;iix the termination ol-this Avr(,xm-cnt. ti arli 'ara THE SO[-,'T%VARI-1' ,,'CNl) ARE LICL-NSLD *AS IS," AND JAVA CONNECTIONS LLC DISCLAIMS ANY NNE) ALL OTHER WARRANTIFS, %V1TF,TTTFR [-,'Xl1R1,,-SS OR IMPI-11-11), INCLUDING, VVI TTib. LIT LOMHATION, ANY VNIPLIED, a ANT EES OFNLIERCHANTABILITY OR FTTNT7',,S FOR PARTIC U I STT PURPOSF, 1-0 l l I 1. EXTE'N] AU"THORIZED BY LAW. WHHOUl1Ljl\111TATION OF THE FOREC,90IN16, JAVA CONNECTION-) LLC f"'XI)RESSLY WARRANTS THAT I"Iff" SOFTWARE VVILL OPERATE IN ACCORDANCF- %,VITTI THE RFPRE,S1,-.NT,,kT1ONS I,AI)E IN DOCLIMEN"FATIOiN PROV1DEf) TO THE C(-jSTON3I'F,,R- BLIT DOES NOT OPF1,R, �,, 'TNTFRRI, PTF,,,D OR W,,N,R,RA,'N'J' A"HON OF ' H,F SOVIAVA0L Wll,l,, BF 1,,'\ Page 149 of 1023 ERROR FRFF YOU ASSUMFI Rll.' K)NSMILITY ICIR SELECTING THE' [,1-1 T SOFTW A R O ACME'VE YOUR INTENDt"D RE'SULTS, AND FOR THU, RI'SI-111'.� OBTAINFA.) F'ROM %`O(.,-R- L,SE OF THE SOFIAVA R V" JA 'A CONNEC11ONS SHAI-1, NO-]- BF RESPONSIBI-E, %,()FTU'ARF W141CII HAS MITIN -MODIFIED OR RV("()N,1,16URED BY YOU', I Arnloalion of 1xibility IN NO EVENA' HA 1, FIT1111R PARTY 1311. 1-IjkBLETOTHE OTTIFR PAR YLAR ,ANY PAR'TY RELMED 1'0 T1,,IF OTJ1FR PART-V l,()R ANY INDIRECT, INMEN'TAl-, CONSEQ1JENTIAL, SPEA LAL, EXE.MPLARY, OR PUNITIA,"E 1 ,V%1,,),GFS OR LOST PROFITS, EVFNIF TIIYPARTY11AS BEEN ADVISED Of YHE POSSMILIT-VOYSI-Ml DAMACES- 8.(.ksieral "Fernis 9 8J. Sevvrabifity. If any rcrrn ,,)r pro,,Jsjun, ol- this A-,neernent is declared %oid or uneriffitctiablc in a 1xii-twular situailon, by any Judicial or administrative atithorit,,', this deciara, fion shall not affeci thu vallichly ot, eaforceat"iiiitly or the remaining, terms anLd pro% ',ions herecif or the- vatidity or cnforccabihy of the off'endun- term oi pic)vkion in, an\, ofliel 0 8.2. Sur-viva]. Articles 2, 15, 7, and of this Agreenient and �,01 ScvLions thezecif, shall Su";irve the,terraination of this Agrcvrnent, regardless of ilic c-'ause f"0r terrriin�,itlon, njid shall rant in valid and binding,Miefinitely * U. Headings. The Arficle and Sec non headings ccintained in this A, centent an", for reference purrx)ses only and shall not af,,'Tc,�:l ihe n-learling, Of this s A greern en i, * 9.4. No Wai,ver. -111e fWILIfe Of either' party to onforce any ghis herci,!ndcr q,)T, to tak c actl on against the othor pai ty I n, the e,,,ein.ot'any breach hercundeT shal I not be dccmted a waWer bv that party as tu, Nubsequcril of rLohui or si-&sequent acnions in the Vvent of,ha rt breaches- * 8.5. Atuendoient- Java Connectnuns LLC resem,'es, the ri�glit, in its skiltt dis-k,,,ietion, to aniend this Avreenienk fTorn linle to, 1111ke unon at, lovst, thlviv (31C) diays advanced wn't-ten notice to vour duly authorized sigaatoi-y noted, below Notic,�, shall also he sent to the in,dividuah, name on the Pi.irch1aw 11'there is a cantlict between this Aurcenjerit and the most current version of this Ay_TVc,'TTICM 114,)St(sNJ M the kicisk, managenientsafr,,x .re and must beackno-,vle,&,,ed prior to each rernotc, rnanaj�c scssi,on oad Ille rn(rSt CulLre1,11 Versic"n "A'111 prevail Not%vahstandin- anydiing to the contran, herein and in an avoidanc,�. of no, inate,dal arnendment of this Agreemcm will be tffocwve itoanist Avou unless have ieceived at least thirty (3()) da, ,,.Ys a'dvanced "S'T-Itten notice to youl dIAN ;tn014,,xiizexl si,rnak"V1,%,. nowd belovv 11' vou do ncit accept wiienditteats made to this avgrceryiem, then this license .611 be Irn-nodiatcly tc trnirntntt.rT pmmiato to,Section 4 Page 150 of 1023 9 8.6. 'Faxes. You a,i(� a tax- e.xcT-,ipi or-ifity and shall not pa-v any ;apph(,��thle sales, usc tfansfer, cir other tw,+es and all iltAws, 'whether national, SMIC, OT lOGA, 11owever that are levied or impr,,sed, by reason ol'the transacticm cuiiiemplatett under this Aereerrwpt, excluding, -of I ,ome taxes (,)n the ret ju its of jaw,,i Connections d You shall Pro%,de a IaN,exempt certif4',ate to Java Connechon', I,j-C. turnrk�,f[UeSl S # 8.1, Notices Nn y aotice required or pertnittemd IK,,i be L,"P.,-en under this Noreement shrik", biin -w,itim, and shall 'vic dovmed orven and reo;,ek�ed (1) when persowtfl,,v defit-vered with a iwe�pt obtainod, (11) On the rJalc noted as the date woelived, refusied tm, urizollected if sew by re,"L�� "I -ceipt requcwdl po-stitge, prepaid or lili) the eaflier of �"I, _ rCtUrn tL. cerfified or Vi ed �jj al l-ecipt (��fr two (21 days afiv,[ deposit vilth a, mi6o3m.,ifly ovemif,,ft defivery serVice e g at 1he addresses sell IForth 1,elo%4 each Party-,,,, itaine on the s4mawry page, oT to ,4-wh other address that a party prcoJeJes r.O the Other Pjrtv pursuant to the pi,4��i siors of thi sp.-Irigi aph, C."oaril terparts and Facsimiles This Agreement may be cxecutcd in :hr Alp�le each r,t` wh 1 c h -qh 1.11 bye d oc n i o',I Kiri o 6-tjinaI but hillhillc4' vh Ich to4),ctbc sh,,1,111 fzwie and the same instrument, In addition, thit-, AgTceTTwTH iniv be executed by facs'Mille S,vnakffes.1,11d such sijp,,,-,uures shaft, be dectned an oniginal. * 8.9 Entire koreement, The pwileS a_9170C` (i'b ghm thii, Agrecmc�,ru comains the enure apreemem betwvvn the partics; -h re,%I, -11ellt C i s 'A"I I _ peCt to the Seule'l (rf 'the la'TTIS and the inim,swLion's' descn'bed herein and saperscdcs any and all pfirm oril oi, w1itten a- rmnients, arran�..wrnivml-s, or understan(fings between the parties telating, zo the subjeci matter of this Agfeemient,' iTi) that no o-wat rind crsiamfin��,,,., s'laleinems, prom I ksks or ind,�,jccmenls coriuitly, N,,, the terms A-m-eement exist. and m,) eviderice of pii,or, conlemporanecxis, or, Cuture oral aLiwcments ma , be used to conuradict the teirmS 61r Ill'tsr Aorecmeul, �md Ild) that any rdianc- on (mal aarcements or `i at in emerkn,-�, into this A,jvvmvnt be �jrquqtlfiable and unreascriable 9. United -St.ates, C'No-vernment Restricted Rights The Software, kiosk, hardvvare, and Docurricriliation are provided %vith Ke, ficied Rirhts Vse, I �,Ti duphG�-itloi-L.. (,w dischasure by t1te pvernmcm i� subject to resaricimins as set forth Fec n'ical Dam and Co)mputcT° clause at jbparaj-�,japj, of the Rivhts in h SriSri# OJITPUICT' S',flfiN'YZ-1'C- R Anv til" IN'VA CONNE('7TIONS LLC KIOSK SOF-FWARF, JAVA C0NNF(-'T'l0NS LLC KI0-,SK HARDWAIU.', JA-VA CONNECTION'S LLC AL'TO),IATION KIOSKS. CONINECTIONS JAVA ("ONNI-CTIONS 1,111 SYSTF�f Al-ij-1-ONIATION, and a - JT,,a Connozw(ms aw" udier Java Connecnons LLC pu,:,,<1ucis as mty be off�red 13� I-L.(' fro,m urne tolin'10,01'I OR i Al"TC)"I --- `,,Vla IN %v1.1-NFSS WFILRLOF, tfic prhfliCS Identified bclo,k, hat,,e eXi�CUteojj this Agreement as of, 2020 (the ' eCtive Dar e') Page 151 of 1023 v 9 � a � ,, � m ms Legal nt 7 13 y F4,irtied Name T i'tic p' . , i � 17304 Prestort Road, Sulte 864') Address: Cellae TX 5 Page 152 of 1023 Java Connections,LLC dba LaptopsAnytime .� 17304 Preston Road, Suite 800 Dallas,TX 75252 US (614)579-3057 abigail@laptopsanytime.com www.laptopsanytime.com LAPTOPSANYTIME A.,...ed CNkaur K!.sk Quote ADDRESS SHIP TO QUOTE# 1968 Craig Clark Craig Clark DATE 08/26/2019 Boynton Beach City Library Boynton Beach City Library EXPIRATION DATE 02/28/2020 City of Boynton Beach City of Boynton Beach 115 N Federal Highway 115 N Federal Highway Boynton,FL 33435 Boynton,FL 33435 SALES REP JK kiosk-K-06H 2 13,950.00 27,900.00 6-bay Host Station 30"w x 29"d x 60"h set for compatible devices (to be specified at time of order placement).RFID 4.0 Technology.Includes Web Camera to take photo of every person checking out device.Touchscreen Monitor,Bar Code or Swipe Card Reader(to be specified at time of order placement). Note:devices furnished by customer. Kiosk — 12BC 2 20,000.00 40,000.00 12-bay Companion Station 30"w x 29"d x 60"h set for compatible devices (to be specified at time of order placement).RFID 4.0 Technology.Note:devices furnished by customer. Annual Hardware Svc Agreement Platinum Plus 2 5,092.50 10,185.00 Annual Hardware Service Agreement. Cost based on total hardware purchase.Platinum- 15%. (Platinum Plus provides Free SMART Bay Upgrades Once Every 3 Years). $2,092.50/yr. for each 18-Bay System Ann Software Lic Agreement 2 2,600.00 5,200.00 Annual Software Licensing Agreement per Host Station($1000 per each Host of 6 or fewer devices plus$800 for each additional 6 devices). $2,600/yr. for each 18-Bay System Database Integration 1 3,500.00 3,500.00 ILS Authentication(SIP-2 Protocol)and/or LDAP/Active Directory. One-time cost. On-Site Installation 1 3,000.00 3,000.00 On-Site Assistance with Installation and Training. $3000.00 for 2-Days. Custom Graphics 1 0.00 0.00 Custom Kiosk Graphics.Price$1250 for each station includes front panel and two side panels+Laptop (Lid)Stickers.Price Waived for Platinum Plus. Thank you for your business.A 3%service charge is added if paying by credit card. Page 153 Of 1023 Deep Freeze Software License 36 0.00 0.00 Faronics Deep Freeze Licenses. Cost up to$50/license. Waived.Up to 36 licenses Crate 4 0.00 0.00 Custom Wooden Crate(1 per Kiosk).Price: $600/Crate.Price Waived for Platinum Plus. Shipping 4 0.00 0.00 Prepay and Add Shipping(1 per Crate).Price: $700/Kiosk.Price Waived for Platinum Plus. Payment Terms:Net 30(after receipt of Kiosk) TOTAL $8%785.00 Please coordinate with Matt Buscher to send all devices and chargers to Assembly Plant in Fremont,CA to facilitate in set-up of Kiosk. Accepted By Accepted Date Thank you for your business.A 3%service charge is added if paying by credit card. Page 154 of 1023 Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition-Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition -A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. 7Requestornt Library Division Administration w __ ... .. ww ......... Point of Contact Craig Clark Phone Number 6392 Vendor Company Name Java Connections d/b/a Laptops Anytime Address 17304 Preston Road, Suite 800, Dallas, T 75252 �.... vww ...u.�.. Phone Number 614-579-3053 Point of Contact and Title Johnathan Ruttenberg, Co-Founder What other vendors were None contacted? (List company name, contact, and phone number and explain why they were not suitable) Product or Service Product/Service Name Multiple products (quote attached) www � m_.. ....._......_�.., ._�... Manufacturer Java Connections d/b/a Laptops Anytime Make/Model # Multiple Make/Models(quote attached) Price $89,785 Did you negotiate the terms or prices with the vendor? ❑ Yes ® No 1 Page 155 of 1023 0 Purchasing Division Sole/Single Source Justification Form _ Why is this price considered to be fair and reasonable? Please see attached article from 2013. The cost for a 12- unit kiosk at that time was $30,000. This was seven yeas ago. We are getting two 18 unit kiosks for $40,000 each, which includes a multi year warranty. Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re-purchase for compatibility reasons) ® Yes ❑ No . . This is a sole/single source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service ❑ Single Source provider of items compatible with existing equipment, inventory, systems, programs, or 1 services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ® Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) s What necessary features does this vendor provide which are not available from other vendors? Please be specific. Self-service laptop lending equipment. I am not aware of any other manufacturers of this type of equipment. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers that exist. 1. Requestor 2. Department Director .- &�, (2/� 2/18/2020 Signatu Date Signature Date 3. Purchasing/Finance Director baseu on the information provided in Sections A and B and the attached supporting documents, I recommend ❑/do not recommend ❑ this being certified as a sole source. I Required /not required ❑ to be advertised for a period of 7 business days before award. ( Signature Date 2 Page 156 of 1023 ra August 26, 2019 l 4 LAPTOPSANYTIME Automated Checkout Kiosks Craig Clark SOLE SOURCE LETTER Library Director, Boynton Beach City Library 115 North Federal Highway Boynton Beach, FL 33435 Craig and Colleagues: This letter serves to notify you,your staff and your colleagues that Java Connections LLC d/b/a LaptopsAnytime based in Dallas,TX(see www.laptoosanytime.com) is the sole source rovider of proprietary all-in-one "automated laptop tablet' ortable 110V -.ower charger self-checkout stations" used by institutions such as Public Libraries, Universities,Community Colleges and their patrons, members and guests for unattended access to laptops/tablets,specifically with computing devices including Dell Latitude e6420/e6430/e6430s/e5440/e6440/e5450/e7450/e5470/ e7470/e3350/e3450/e5280/7480/5480/5490/5491/7290/7490/3300/7400/Dell 13"Chromebook(3380 Chromebook),HP 8470p+HP 840 GI/G2/G3/G4/G5/G6/HP 1040/12"Elitebook 820+13" HP Chromebook, Lenovo T430/T440P/T440S/T460S/T470S/T460/T470/T480/T48OS/T490/T490S, MacBook Air 11+13 and MacBook Pro 13+15, and all 9.7" iPads including 4th Generation iPad,iPad Pro,iPad 2,iPad Air 2,iPad Air and iPad Mini. LaptopsAnytime has been pioneering these automated kiosk services since 2008. LaptopsAnytime attends industry leading conferences including Educause,the American Library Association, College Research Library Association, California Library Association and Texas Library Association and is active on social media sites.We can state for the record that no other organization offers our unique self-service hardware or back-end software dispensing or monitoring services. Each of our kiosk stations is specially designed to directly dock the above devices into power for recharging of the devices. Not only are we the only company to do this, but our system allows for up to four different devices in the same kiosk so our kiosk can be outfitted with combinations of Dell, Lenovo, HP,Apple, Chromebooks and iPads in the same kiosk.Among other proprietary features, La ptopsAnyti me's automated systems: • Use centralized server management to network all installed systems—Laptop and Tablet Dispensing Kiosk Stations—and provide audit trails of checkout duration,software, user authentication and the capability of charging for usage or late fees.Administrator can use our system to set minimum battery life that needs to be reached in order for device to be readied for checkout; • Ensure proper inventory management by(a)monitoring and tracking status of mechanical locking mechanisms and devices themselves to notify facility of needed service and (b)authenticating users via major Integrated Library Systems such as SIP-2(and/or LDAP/AD)to ensure that checkout/rental activity take place by authorized individual; • Rapidly recharge devices,determine battery life(in real-time),wipe them clean and restore them to pre-set state thereby readying devices for self-service checkout/rental and self-monitor its systems with email notifications sent to administrators per pre-determined protocol. • Quick Return capability whereby end-user who returns device within pre-set period can indicate to the kiosk what(if anything)is wrong with a device and have that device/bay be blocked until service can be arranged. SpecificProprietary LaptopsAnytime Hardware design-features: • Custom build"secure"bays to accommodate any laptop/netbook/tablet brand,size,and shape, typically in multiples of 6(so far Host Stations of 6-and 12-bays,and Add-Companions of 12-and 18- bays). Page 157 of 1023 • Space-saving, modular designs that accommodate multiple device types(e.g. Dell, HP,Apple, Lenovo, Acer,Google so far)to be vended using one Host module • Capability of mix-n-match different devices within same kiosk system • Customized kiosk graphics and/or color scheme for the enclosures • Automatic recharging of all devices within the kiosk • Choice of Magnetic Stripe Reader and/or Bar Code reader for user authentication • Ability to allow the enclosures to be mobile and easily moved from one location to another • Systems can be placed in public spaces.All the while,access and security protocols restrict usage to authenticated users. Specific Lapto sAny ime Software deli n_features: • Kiosk interface and controller runs in a secure lockdown Linux OS--Ability to manage kiosks by groups or individually. • Ability to vend/control multiple device types,allowing the user to choose the device type,e.g. laptop or tablet • Ability to monitor the battery life of the device and give the administrator(s)the ability to choose the battery minimum at time of checkout/rental • Ability to authenticate users via custom database,credit card,and/or guest user cards • Ability to customize user interface on the fly look and text remotely • Ability to remotely manage kiosk secure login • Kiosk sends email receipt to users after each session • Kiosk camera option that takes a picture of each user at time of checkout/rental • Auto remote monitoring,troubleshooting and basic system diagnostics • Kiosk emails administrators with trouble codes,e.g. if laptop/tablet fails to eject,kiosk fails to check in, RAD reader fails etc.and kiosk proactively shuts down"troubled" bay or"bad" device until administrator can check on the issue • Ability to record and email administrators with laptop/tablet issues. Kiosk gives user the ability to notify administrators of laptop issues(broken screen,keyboard etc)for their immediate attention • Ability to pull reports on kiosk usage that include checkout/rental times, rental length, number of checkout/rentals,and dollar amounts • Ability to customize retail fees,including ability to charge guest and members different pricing,e.g. free for first two or four hours and then overdue fines start to accrue or hourly charge for non- members etc(very configurable) • Safe and secure usage sessions using"Clear Boot"Technology(i.e. Deep Freeze for laptop and proprietary programming for tablets) LaptopsAnytime kiosks are unique in that they save-space, provide necessary accountability and systems integration, and provide a complete solution without compromising security or user- friendliness. We charge facilities standard pricing for the same kiosk equipment, annual software licenses and service plans based on market rates.Thus,we offer every facility the best possible—fair and reasonable—price, including quantity discounts. We look forward to the opportunity to work with the Boynton Beach City Library. Best Regards, Jonathan Ruttenberg Co-Founder,VP of Operations Toll Free#877.836.3727/C: 614.579.3053 E:jonathan@laptopsanytime.com Page 158 of 1023 850-517-6381 2/18/2020 10 : 13 : 24 AM PAGE 1/001 Fax Server February 18, 2020 FLORIDA DEPARTMENT OF STATE JAVA CONNECTIONS, LLC Division of Corporations 7901 4 ST N STE 300 ST PETERSBURG, FL 33702 Qualification documents for JAVA CONNECTIONS, LLC were filed on February 17, 2020, and assigned document number M20000001877 . Please refer to this number whenever corresponding with this office. Your limited liability company is authorized to transact business in Florida as of the file date. This document was electronically received and filed under FAX audit number H2O000053099 . To maintain "active" status with the Division of Corporations, an annual report must be filed yearly between January 1st and May 1st beginning in the year following the file date or effective date indicated above. If the annual report is not filed by May 1st, a $400 late fee will be added. A Federal Employer Identification Number (FEI/EIN) will be required when this report is filed. Apply today with the IRS online at: https: //sa.www4 . irs.gov/modiein/individual/index. jsp. Please notify this office if the limited liability company address changes. Should you have any questions regarding this matter, please contact this office at the address given below. Tracy L Lemieux Regulatory Specialist II Registration Section Division of Corporations Letter Number: 720A00003553 P.O BOX 6327—TaHahassee,Flonda 32314 Page 159 of 1023 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 Request for Information No. 014-2610-201RW For Kiosks Designed to be Integrated into Koha ILS (Integrated Library System) FROM: RANDY WOOD, PURCHASING MANAGER SUBJECT:ADVERTISE SOLICITATION Advertisement of the following: Responses will be received by PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. PHONE: 561-742-6322 Email: woodj@bbfl.us All Responses are due by: March 10, 2019, NO LATER THAN 10 A.M. REASON FOR SOLICITATION: The City of Boynton Beach Library is seeking to add two sets of kiosks that hold 18 devices each for a total of 36 laptops for Adult and Teen Services. kiosks are designed to be integrated into our Koha ILS (Integrated Library System) and a space-efficient way to extend untethered access to mobile laptops in the Library. Laptops are to be loaded with popular Microsoft Office software and Wi-Fi,thereby providing reliable access to the web. Prospective Vendors must provide information regarding their ability to supply the commodity and contractual services described. Page 160 of 1023 6.C. Consent Agenda 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Proposed Resolution No. R20-023-Authorize and direct staff to apply for a grant from the Florida Inland Navigation District (F.I.N.D.)for financial assistance to renovate and improve the boat ramps at Harvey E. Oyer Park. Explanation of Request: The purpose of this project is to improve the boat ramps at Harvey E. Oyer Park which currently contains an existing sheet pile seawall, unconsolidated mangrove shoreline, concrete floating docks, fixed docks with grated decking and four (4) boat ramps. The proposed project includes the reconfiguration and regrading of the existing boat ramps to improve the ability of boaters to utilize the ramps. How will this affect city programs or services? Based on feedback from boaters and evaluations by the City's consultant the drop off slope has eroded and is in need of repair. These repairs will greatly improve safety and use of the boating amenities for the public. Fiscal Impact: Budgeted Total Project Cost is$1,200,000. Florida Inland Navigation District grant request is$600,000, with 50 % ($600,000), budgeted by the City of Boynton Beach in the Capital Improvement Program in FY20/21. Alternatives: • Not apply for the grant and pay all costs through the City Capital Improvement Program. • Not move forward with the project and risk public safety. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Yes Page 161 of 1023 Grant Amount: $600,000. ATTACHMENTS: Type Description D Resolution Resolution No, R20-023 D Grant Application F,I,N,D, Grant Application D Grant Application F,I,N,D, Grant Application E)diibit Page 162 of 1023 I RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AUTHORIZE AND DIRECT STAFF TO 4 APPLY FOR A GRANT FROM THE FLORIDA INLAND 5 NAVIGATION DISTRICT (F.I.N.D.) FOR FINANCIAL 6 ASSISTANCE TO RENOVATE AND IMPROVE THE 7 BOAT RAMPS AT HARVEY E. OYER PARK; AND 8 PROVIDING AN EFFECTIVE DATE 9 10 WHEREAS, the City of Boynton Beach is interested in carrying out the following 11 described project for the enjoyment of the citizenry of Boynton Beach and the State of Florida: 12 Project Title: Oyer Boat Club Park Improvements 13 Total Estimated Cost: $1,200,000.00 14 Brief Description of Project: The enhancement of four (4) existing boat ramps and 15 associated floating docks and gangways; and 16 17 WHEREAS, Florida Inland Navigation District financial assistance is required for 18 the program mentioned above. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The above referenced whereas clauses are incorporated herein by 22 reference. 23 Section 2. The City Commission hereby approves and authorizes the project as 24 described above and the City of Boynton Beach staff is authorized to make application to the 25 Florida Inland Navigation District in the amount of 50% of the actual cost of the project on 26 behalf of the City of Boynton Beach. 27 Section 3. The City of Boynton Beach certifies to the following: S:ACA\RESO\Oyer Boat Club Park(FIND Grant)(V2)-Reso.Docx Page 163 of 1023 28 a. That it will accept the terms and conditions set forth in FIND Rule 66B-2 29 F.A.C. and which will be a part of the Project Agreement for any assistance 30 awarded under the attached proposal. 31 b. That it is in complete accord with the attached proposal and that it will carry 32 out the Program in the manner described in the proposal and any plans and 33 specifications attached thereto unless prior approval for any change has been 34 received from the District. 35 c. That it has the ability and intention to finance its share of the cost of the 36 project and that the project will be operated and maintained at the expense 37 of the City of Boynton Beach for public use. 38 d. That it will not discriminate against any person on the basis of race, color, 39 or national origin in the use of any property or facility acquired or developed 40 pursuant to this proposal, and shall comply with the terms and intent of the 41 Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and 42 construct all facilities to comply fully with statutes relating to accessibility 43 by persons with disabilities as well as other federal, state and local laws, 44 rules and requirements. 45 e. That it will maintain adequate financial records on the proposed project to 46 substantiate claims for reimbursement. 47 f. That it will make available to FIND if requested, a post-audit of expenses 48 incurred on the project prior to, or in conjunction with, request for the final 49 10% of the funding agreed to by FIND. S:ACA\RESO\Oyer Boat Club Park(FIND Grant)(V2)-Reso.Docx Page 164 of 1023 50 Section 4. This Resolution shall become effective upon receipt of the City 51 Attorney's office drafted Certificate of Title. 52 PASSED AND ADOPTED this day of March, 2020. 53 54 CITY OF BOYNTON BEACH, FLORIDA 55 56 YES NO 57 58 Mayor— Steven B. Grant 59 60 Vice Mayor—Justin Katz 61 62 Commissioner—Mack McCray 63 64 Commissioner—Christina L. Romelus 65 66 Commissioner—Ty Penserga 67 68 VOTE 69 ATTEST: 70 71 72 73 74 Crystal Gibson, MMC 75 City Clerk 76 77 78 79 (Corporate Seal) 80 S:ACA\RESO\Oyer Boat Club Park(FIND Grant)(V2)-Reso.Docx Page 165 of 1023 FY 2020 WATERWAYS ASSISTANCE PROGRAM APPLICATION PACKAGE Part 2. Attachment E THE FOLLOWING ATTACHMENT E-1 THROUGH E-8 FORMS, IN ADDITION TO THE REQUIREMENTS OF ITEMS 10 THROUGH 13 OF THE APPLICATION CHECKLIST, CONSTITUTE YOUR FORMAL APPLICATION . SUBMIT THE APPLICATION INFORMATION IN THE ORDER LISTED ON THE CHECKLIST. An electronic copy (pdf) may be emailed to ]Zimmerman@aicw.org. or a completed hardcopy of the application may be delivered to: FIND, 1314 Marcinski Rd., Jupiter, FL 33477 Application must be received by the deadline, no exceptions. Applications must be received by the District by 4:30 pm on March 27, 2020. Page 166 of 1023 ATTACHMENT E - APPLICANT TIPS SHEET (Mistakes Common to the application process and how to avoid them) Scheduling - The new application is available by January each year, and District funding is available AFTER October 1st of each year. Applicants should plan their schedule to avoid commonly missed deadlines: Application due - 27th of March; Property control/Technical sufficiency items - 22nd of May, Permits - 15th of September. (Staff suggestion: Begin to secure property control and permits PRIOR to applying for funding.) Property Control Verification - Please have your attorney complete and sign the form in the application verifying applicant property control. In the case of leases or management agreements, please forward a copy to the District well in advance of the deadline to verify consistency with our program rules. (Staff suggestion: Resolve this requirement outside the application "window".) Project Costs Eligibility - Please note the eligible project costs in Rule Section 66B-2.008, F.A.C. If you are not sure about an item's eligibility, ask! Note: Any ineligible cost, including in-house project management and administration, is also not eligible for an applicant's match. Make sure you have delineated your required minimum cost-share on the project cost estimate. (Staff suggestion: If you have questions about the eligibility of an item, work up a mock cost-sheet and send it to our office well before the deadline.) Cost-Share - Although the applicant must provide a minimum of 50% of the total project costs (25% for eligible public navigation dredging), there is no specific requirement to split each item. (Staff suggestion: You may want to organize project element in a certain manner for easier accounting.) Pre-Agreement Expenses - Rule 66B-2.005(3), F.A.C. requires any activity in the submitted project cost estimate occurring PRIOR to October 1st to be considered as pre-agreement expenses. The Board's past philosophy has been to fund only those projects that require District funding assistance to be completed. It is best to avoid pre- agreement expenses if possible. Note, that pre- agreement expenses must be limited to 50% or less of the total project costs, and they are eligible for only 1/2 of the original District funding. (Example: A project with a total cost of $200,000 is Board-approved for one-half construction PRIOR to October 1st. In this case, District funding will be limited as follows: Only 50% of the $100,000 project cost prior to October 1st is eligible as project expenses (i.e. $50,000). Then only 1/2 of the eligible project expenses ($50,000) are eligible for District funding assistance (i.e. $25,000). Submitted Materials & June Presentation -The Board must review and evaluate every application and each year we receive about 90 applications for consideration. The final product for the Commissioner's review is two 8-1/2" x 11" spiral-bound notebooks containing the essential information for the application. NOTE: make sure your final submitted material is the same material you will be presenting to the Board at our June meeting. This will avoid confusion and strengthen your presentation. (Staff suggestion: Limit the submitted materials to the requested information, in the required format and make sure it is consistent with your June presentation. Do not submit additional material at the June presentation!) ELECTRONIC SUBMISSIONS - Grant applications are being accepted by email or hardcopy. Grant applications may be submitted via email as a pdf attachment (permits attached separately). Make sure to label your pdf attachment with the applicant and project title. You will receive a confirmation email letting you know your application has been received. Email your completed application to JZimmerman@aicw.org Or you may send hardcopy applications to FIND, 1314 Marcinski Rd, Jupiter, EL 33477. Applications must be received by the District by 4:30 pm on March 27,2020. Page 167 of 1023 ATTACHMENT E-1. APPLICATION CHECKLIST 2020 (To be completed by the Applicant) Project Title: Oyer Boat Club Park Improvements - Phase II Applicant: City of Boynton Beach This checklist and the other items listed below in items 1 through 13 constitute your application. The required information shall be submitted in the order listed. An electronic copy may be emailed to JZimmerman@aicw.org. Application must be received by the deadline, no exceptions. All information will be printed on 8 V2"x11" paper to be included in agenda books bound by staff. YES NO 1. District Commissioner Review (prior to March 6th) (NOTE: For District Commissioner initials ONLY!) (District Commissioner must initial the yes line on this checklist for the application to be deemed complete) 2. Application Checklist—E-1 (Form No. 90-26, 2 pages) X (Form must be signed and dated) 3. Applicant Info/Project Summary—E-2 (Form No. 90-22, 1 X page)(Form must be completed and signed) 4. Project Information—E-3 (Form No. 90-22a, 1 page) X 5. Application and Evaluation Worksheet—E-4(+) (Form X No.91-25) (One proper sub-attachment included, 7 pages) Must answer questions 1-10. No signatures required 6. Project Cost Estimate—E-5 (Form No. 90-25, 1 page) X (Must be on District form) 7. Project Timeline—E-6 (Form No. 96-10, 1 page) X 8. Official Resolution Form —E-7 (Form No. 90-21, 2 pages) X (Resolution must be in District format and include items 1-6) Page 168 of 1023 ATTACHMENT E-I (Continued) APPLICATION CHECKLIST (To be completed by the Applicant) YES NO 9. Attorney's Certification (Land Ownership)—E-8 X (Must be on or follow format of Form No. 94-26, (Legal descriptions NOT accepted in lieu of form) 10. County/City Location Map X 11. Project Boundary Map X 12. Clear &Detailed Site Development Plan Map X 13. Copies of all Required Permits: ACOE, DEP, WMD X (Required of development projects only) The undersigned, as applicant, acknowledges that Items 1 through 12 above constitutes a complete application and that this information is due in the District office no later than 4:30 PM, March 27, 2020. By May 22, 2020 my application must be deemed complete (except for permits) or it will be removed from any further consideration by the District. I also acknowledge that the information in Item 13 is due to the District no later than September 15, 2020. If the information in Item 13 is not submitted to the District office by September 15, 2020, I am aware that my application will be removed from any further funding consideration by the District. LIAISON: TITLE: SIGNATURE -PROJECT LIAISON ** DATE FIND OFFICE USE ONLY Date Received: Local FIND Commissioner Review: All Required Supporting Documents: Applicant Eligibility: Project Eligibility: Available Score: Compliance with Rule 66B-2 F.A.C.: Eligibility of Project Cost: Form No. 90-26 -New 9/2/92, Revised 07-30-02. Page 169 of 1023 ATTACHMENT E-2 WATERWAYS ASSISTANCE PROGRAM FY 2020 PROJECT APPLICATION APPLICANT INFORMATION—PROJECT SUMMARY 11-1 C b`4 Ntl , Applicant:Andrew Mack Department: Director of Development/City Engineer Boynton Beach Project Title:Oyer Boat Club Park Improvements - Phase II Project Director: Title: Project Liaison: Title: (if different from Project Mailing Address: 100 E. Boynton Beach Blvd City: Boynton Beach zip Code: 33435 Email Address:macka@bbfl.us Phone#: Project Address: 2010 N Federal Highway Boynton Beach FL 33435 ***** I hereby certify that the information provided in this application is true and accurate. SIGNATURE: DATE: PROJECT NARRATIVE (Please summarize the project in space provided below in 2 paragraphs or less. ) The purpose of the proposed project is to improve the boat ramps at Harvey E. Oyer Park which currently contains an existing sheet pile seawall, unconsolidated mangrove shoreline, concrete floating docks, fixed docks with grated decking and four (4) boat ramps. The proposed project includes the reconfiguration and regrading of the existing boat ramps to improve the ability of boaters to utilize the ramps. Form No. 90-22, Rule 66B-2, (New 12/17/90, Rev.07-30-02, 04-24-06) Page 170 of 1023 ATTACHMENT E-3 -PROJECT INFORMATION 2020 Applicant: City of Boynton Beach Project Title:Oyer Boat Club Park Improvements-Phase II Total Project Cost: $ 1 )200,000 � 200 000 FIND Funding 600,000 %of Total Cost:50 > > Requested: $ Amount and Source of Applicant's Matching Funds: $600,000; Matching Funds will be payed for by the applicant, the City of Boynton Beach. 1. Ownership of Project Site(check one): Own: X Leased: ❑ Other: 9 2. If leased or other, please describe lease or terms and conditions: 3. Has the District previously provided assistance funding to this project or site? Yes: ❑ No: 4. If yes,please list: 5. What is the current level of public access in terms of the number of boat ramps, boat slips and trailer parking spaces, linear feet of boardwalk (etc.)? (as applicable): There are four (4) existing boat ramps, six (6) existing boat slips, 120 trailer parking spaces, approximately 730 In. ft. of boardwalk, four (4) T-docks, and floating docks with grated decking. 6. How many additional ramps, slips,parking spaces or other access features will be added by this project? None. The four (4) existing boat ramps will be improved. 7. Are fees charged for the use of this project? No ❑ Yes **If yes,please attach additional documentation of fees and how they compare with fees from similar public &private facilities in the area. Please list all Environmental Resource Permits required for thisproject: AGENCY Yes/No/N/A Date Applied For Date Received WMD No DEP Yes ACOE Yes Form No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07) Page 171 of 1023 ATTACHMENT E-4 WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET DIRECTIONS: All applicants will complete questions 1 through 6, and then based on the type of project, complete one and only one subsection (E-4A, B, C, D or E) for questions 7-10. **Please keep your answers brief and do not change the pagination of Attachment E-4** All other sub-attachments that are not applicable to an applicant's project should not be included in the submitted application. Project Title: Oyer Boat Club Park Improvements - Phase II Applicant: City of Boynton Beach 1) PRIORITY LIST: a) Denote the priority list category of this project from Attachment C in the application.(The application may only be of one type based upon the predominant cost of the project elements.) #7 Acquisition, dredging, shoreline stabilization, and development of public boat ramps and b) Explain how the project fits this priority category. The boat ramps were last renovated in 2002. Currently, the boat ramp is too steep and boat trailers scrape the ramp when launching boats, damaging the boat ramps and personal property. This is a safety risk for the public. (For reviewer only) Max.Available Score for application Question 1.Range of Score (1 to___points) Page 172 of 1023 2)WATERWAY RELATIONSHIP: a) Explain how the project relates to the ICW and the mission of the Navigation District. The boat ramps provide direct access to the ICW and the improvements of the existing boat ramps will allow for the safe ingress and egress of vessels. b) What public access or navigational benefit to the ICW or adjoining waterway will result from this project? The existing public access to the boat ramps, floating docks, trailer parking, pavilions, and facilities will be maintained. Safer and easier access to the ICW will result from this proposed project. (For reviewer only) (1-6 points) 3) PUBLIC USAGE &BENEFITS: a) How is the public usage of this project clearly identified and quantified? Estimate the amount of total public use. Harvey E. Oyer Jr. Park is a public park within Boynton Beach. Public usage is identified and quantified through the trailer parking/boat launching fee on the weekends and city designated holidays or the purchase of a decal. b) Discuss the regional and local public benefits that will be provided by the project.Can residents from other counties of the District reasonably access and use the project?Explain. The project will provide safe access to the Intracoastal Waterway through improved boat ramps. The park is open to the public, including residents from other counties. c) Are there any restrictions placed on commercial access or use of this site? No restrictions are placed on commercial access of use of the boat ramps. (For reviewer only) (1-8 points) Page 173 of 1023 4) TIMELINESS a) Describe current status of the project and present a reasonable and effective timeline for the completion of the project consistent with Attachment E-6. The project is in the permitting design and permitting phase. Construction will begin after all permits are obtained, which is anticipated to be around April 2021. Construction will occur for no more than 3 months. b) Briefly explain any unique aspects of this project that could influence the project timeline. No impediments are anticipated that would negatively impact the project timeline. (For reviewer only) (1-3 points) 5) COSTS &EFFICIENCY: a) List funding sources and the status and amount of the corresponding funding that will be utilized to complete this project. The City of Boynton Beach will allocate a part of the budget to complete this project. b) Identify and describe any project costs that maybe increased because of the materials utilized or specific site conditions. None at this time are anticipated. c) Describe any methods to be utilized to increase the cost efficiency of this project. The mangrove shoreline is being preserved to prevent increased costs due to mitigation. The proposed boat ramp is remaining within the same footprint with improvements being made to the slope of the ramp and the location of the floating docks to better utilize the existing space. d) If there are any fees associated with the use of this facility, please detail. In addition, please provide a listing of the fees charged by similar facilities,public and private,in the project area. A trailer parking/boat launching fee is required on weekends and city designated holidays of $10 per day, or for a year's worth of access to the park, a decal can be purchased for $50. (For reviewer only) (1-6 points) Page 174 of 1023 6)PROJECT VIABILITY: a) What specific need in the community does this project fill? Is this project referenced or incorporated in an existing maritime management,public assess or comp plan? The proposed project fills the need for an improved boat ramp within the City of Boynton Beach. b) Clearly demonstrate how the project will continue to be maintained and funded after District funding is completed. The boat ramps will be maintained and funded by the City of Boynton Beach c) Will the program result in significant and lasting benefits? Explain. The proposed project will significantly improve the launching facilities, providing safer egress and ingress to the ICW for at least the next 20 years. d) Please describe any environmental benefits associated with this project. The proposed project will improve the launching facilities which manatees have been known to frequent the area. Thus, providing safer egress and ingress of vessels that can be more aware of endangered species in the area through the educational signage posted at the site. (For reviewer only) (1-7 points) SUB-TOTAL FIND FORM NO. 91-25 Rule 66B-2.005 (Effective Date:3-21-01,Revised 4-24-06, 1-27-14) Page 175 of 1023 ATTACHMENT E-4A DEVELOPMENT& CONSTRUCTION PROJECTS WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OR BEACH RENOURISHMENT PROJECT. 7) PERMITTING: a) Have all required environmental permits been applied for? (USAGE,DEP and WMD) If permits are NOT required, explain why not. No, the structural plans and details are a work in progress. Once finalized, environmental permits will then be applied for. b) If the project is a Phase I project,list the tasks scheduled to obtain the necessary permits and engineering work and provide a general cost estimate for the future Phase II work. This project is for Phase II funding only. c) Detail any significant impediments that may have been identified that would potentially delay the timely issuance of the required permits. No impediments have been identified at this time. (For reviewer only) (1-4 points) Page 176 of 1023 8) PROJECT DESIGN: a) Has the design work been completed?If this is a Phase I project,has a preliminary design been developed? The design work has not been completed and a preliminary design is being prepared. b) Are there unique beneficial aspects to the proposed design that enhance public usage or access, minimize environmental impacts,improve water quality or reduce costs? The improved boat ramps will allow for the safe egress and ingress of vessels into the Intracoastal Waterway. (For reviewer only) (1-2 points) 9) CONSTRUCTION TECHNIQUES: a) Briefly explain the construction techniques to be utilized for this project.If a Phase 1,elaborate on potential techniques. The existing floating docks will be removed, the proposed boat ramp will be poured and finished, concrete floating dock piles will be installed via impact hammer, and floating docks and gangways will be installed. b) How are the utilized construction techniques appropriate for the project site? The techniques are appropriate for the project site as they will occur from a typical construction barge and for approximately 3 months. c) Identify any unusual construction techniques that may increase or decrease the costs of the project. The costs of the project may increase if the existing seawall fails. (For reviewer only) (1-3 points) Page 177 of 1023 10) CONSTRUCTION MATERIALS: a) List the materials to be utilized for this project.What is the design life of the proposed materials compared to other available materials? The materials to be utilized are concrete pour, pre-stressed concrete floating docks, concrete pilings, and gangways. b) Identify any unique construction materials that may significantly alter the project costs. It is not anticipated that the selected materials will alter the costs significantly. (For reviewer only) (1-3 points) RATING POINT TOTAL (Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency-related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding.) Form No.91-25A Rule 66B-2.005(Effective Date:3-21-01,revised 4-24-06, 1-27-14) Page 178 of 1023 ATTACHMENT E-5 FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2020 PROJECT COST ESTIMATE (See Rule Section 6613-2.005 & 2.008 for eligibility and funding ratios) Project Title: Oyer Boat Club Park Improvements Applicant: City of Boynton Beach Project Elements Quantity or Total Applicant's Cost FIND Cost (Please list the MAJOR project elements and Estimated Cost (To the nearest$50) (To the nearest$50) provide general costs for each one.For (Number and/or Footage Phase I Projects,please list the major etc.) elements and products expected) Construction 1,200,000 600,000 600,000 **TOTALS = ,200,000 000,000 600,000 Form No.90-25(New 10/14/92,Revised 04-24-06) Page 179 of 1023 ATTACHMENT E-6 WATERWAYS ASSISTANCE PROGRAM 2020 PROJECT TIMELINE Project Title: Oyer Boat Club Park Improvements Applicant: City of Boynton Beach The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including, as applicable, completion dates for: permitting, design, bidding, applicant approvals, initiation of construction and completion of construction. NOTE: All funded activities must begin AFTER October 1st (or be consistent with Rule 66B-2.005(3) -Pre-agreement expenses) Design - 10/1/2019 Permitting - 3/1/2020 Construction commencement - 4/1/2021 Construction completion - 7/1/2021 FIND Form 96-10(effective date 04-15-07) Page 180 of 1023 ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2020 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City of Boynton Beach is interested in carrying out the (Name ofAgency) Boynton Beach following described project for the enjoyment of the citizenry of y l and the State of Florida: Project Title Oyer Boat Club Park Improvements Total Estimated Cost$ 1 ,200,000 Brief Description of Project: The enhancement of four (4) existing boat ramps and associated floating docks and gangways. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by theCity ity of Boynton Beach (Name ofAgency) that the project described above be authorized, AND, be it further resolved that said C i ty Of Boynton Beach (Name ofAgency) make application to the Florida Inland Navigation District in the amount of50 % of the actual cost of the project in behalf of said C i ty of Boynton Beach (Name ofAgency) AND, be it further resolved by the City of Boynton Beach (Name ofAgency) that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. (1) Form No.90-21 (Effective date 12-17-90,Rev. 10-14-92) Page 181 of 1023 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Boynton Beach for public use. (Name ofAgency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the at a legal meeting held on this day of 20 Attest Signature Title Title (2) Form No.90-21 (Effective date 12-17-90,Rev. 10-14-92) Page 182 of 1023 ATTACHMENT E-8 ATTORNEYS CERTIFICATION OF TITLE 2020 (See Rule 66B-2.006(4) & 2.008(2) FAC) OFFICE OF THE (City or County) ATTORNEY (Address) 2020 TO WHOM IT MAY CONCERN: I, , am the Attorney for the (City or County), Florida. I hereby state that I have examined a copy of a (deed, lease, management agreement, etc.) from to the (City or County) dated conveying (type of interest, ie. Fee simple, easement, 25 year lease, etc.) in the following described property: (Brief Legal Description of Property) I have also examined a document showing that this property is listed on the tax rolls as belonging to the (City or County). Finally, I have also examined such documents and records as necessary for this certification. This property is what is now called'(Name of Property as Referenced in the WAP application)". I certify that the (City or County) does in fact_(own, lease, etc.) this property for years. 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OTHER THAN THAT FOR WHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSED WRITTEN CONSENT OF THE CHAPPELL GROUP,INC. ©THE CHAPPELL GROUP,INC.2020 NORTH ,�' l ■ N■T S 1 [ S ! � l -err„4' r if r , r: ,u ! 7” i�� E !� � rJ, c is r, fi 4 F I Y fIy' M IT wof .. 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Consent Agenda 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Proposed Resolution No. R20-024-Authorize the installation of honorarium signs for a portion of NE 9th Ave. in honor of Rev. Lance Chaney. Explanation of Request: Pathways to Prosperity, a Boynton Beach non-profit organization, dedicated to strengthening our community by providing education and social services to raise school performance for children and increase economic opportunities for families, requested that a portion of NE 9th Ave. (from Seacrest Blvd to Railroad Ave) be bestowed an honorarium in respect of the late Rev. Lance Chaney. (See attachment 1) Rev. Lance Chaney, a leader of the community, served not only as a pastor but as a civic leader and as an anti-violence activist. He founded and opened Daystar Academy of Excellence, a K-6 charter school and Pathway to Prosperity. His service to Boynton Beach is a legacy that reflects his dedication to the church and community. Staff proposes to install two (2) honorarium street signs on NE 9th Ave (from Seacrest Blvd to Railroad Ave). The sign panel will be a minimum of 6ft above grade; one installed close to Seacrest Blvd. and the other close to Railroad Ave. The sign will read: Rev. Lance Chaney Memorial Avenue. See attached rendering. How will this affect city programs or services? The City's sign shop will manufacture and install the sign. Fiscal Impact: Non-budgeted The sign will be paid for out of the Public Works- Facilities Operating budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 191 of 1023 ATTACHMENTS: Type Description D Resolution Resolution approving honorarium signs for Rev Lance Chaney Way D Attachment Attachment 1 - Letter of request and background D Attachment Example of Sign Page 192 of 1023 I RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AUTHORIZING THE INSTALLATION OF 4 HONORARIUM SIGNS FOR A PORTION OF 5 NORTHEAST 9TH AVENUE IN HONOR OF REVEREND 6 LANCE CHANEY; AND PROVIDING AN EFFECTIVE 7 DATE 8 9 WHEREAS, Pathways to Prosperity, a Boynton Beach non-profit organization, 10 dedicated to strengthening our community by providing education and social services to raise 11 school performance for children and increase economic opportunities for families, has 12 requested that a portion of NE 9th Ave (from Seacrest Blvd to Railroad Ave) be bestowed an 13 honorarium in respect of the late Rev. Lance Chaney; and 14 WHEREAS, Rev. Lance Chaney, a leader of the community, served not only as a 15 pastor but as a civic leader and as an anti-violence activist; and 16 WHEREAS, Rev. Chaney's service to Boynton Beach is a legacy that reflects his 17 dedication to the church and community; and 18 WHEREAS, the City Commission finds that it is in the best interest of the citizens and 19 residents of the City to approve and authorize the installation of honorarium signs for a portion 20 of Northeast 9th Avenue from Seacrest Boulevard to Railroad Avenue in honor of Reverend 21 Lance Chaney. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 24 Section 1. The above referenced whereas clauses are incorporated herein by 25 reference. S:ACA\RESO\Rev Lance Chaney Way Honorarium Signs-Reso.Docx Page 193 of 1023 26 Section 2. The City Commission hereby approves and authorizes the installation of 27 honorarium signs for a portion of Northeast 9th Avenue from Seacrest Boulevard to Railroad 28 Avenue in honor of Reverend Lance Chaney. 29 Section 3. This Resolution shall become effective immediately upon its passage and 30 adoption. 31 PASSED AND ADOPTED this day of March, 2020. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor—Justin Katz 40 41 Commissioner—Mack McCray 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Ty Penserga 46 47 VOTE 48 ATTEST: 49 50 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 58 (Corporate Seal) 59 S:ACA\RESO\Rev Lance Chaney Way Honorarium Signs-Reso.Docx Page 194 of 1023 970 N. Seacrest Blvd, Boynton Beach, FL 33435 1, Phone 561-369-2323 Fax: 561-732-3270 March 4, 2020 R;a un Le e his. Lori LaVernere, City Manager and Boynton Beach. City Commissioners a t 3301 Quantum Blvd, Suite 101 Baynton Beach, FL 33426 Tr a r - Naming of NE 9th Ave from. Seacrest Blvd to railroad Ave in honorarium as .rev,. Lance Chaney Way 'pecai"I "; Od HIC � Dear Ms. LaVerriere and City Commissioners: z tub len First, we thank each of you for your public service, leadership, and dedication to the betterment of Director I our community. You have taken on enormous undertakings and achieved much in enhancing p x t Boynton Beach to be a treat place to live, work, raise a family, and generate a successful business. Davis, Y-tasty r We are proud to be citizens and serve in this community. e submit this letter seeping your support in designating ATL' 9th Ave from Seacrest Blvd to N railroad Ave to be named rev. Lance Chaney Way. reverend Chaney was a successful pastor, a. �..t " visionary, counselor, humanitarian,philosopher, public servant, community advocate and leader. Lance Chaney was bom on May 19, 1957 to fable Fallon and John Chaney in Great Neck, I'CY. His family moved to rock Island, Illinois in the early sixties, where he grew up and attended public `'` ac.a= school. Upon graduating from.college, Chaney returned to rock Island and in 1.985 was called to Ch'a,s ;ev ` fa. paster the Greater Antioch Missionary Baptist Church until he moved to south. Florida, On June 3, 2002, reverend Lance. Chaney, was elected as the pastor of St. John. Missionary Baptist f a a Church by a significant majority. He moved his family here and immediately began working on the growth and development of the church and the community. Church and community was something he has dedicated his life's work to so it was natural for him to do what he did best, serve the people of Boynton Beach. Reverend Charley was a man who worked tirelessly to improve the quality of life for the Boynton F0 Beach area, making it safer and inclusive for all residents. He served this community not only as a pastor but as a civic leader and as an anti-violence activist. fie founded and opened Daystar academy of Excellence, a K-b charter school and Pathways to Prosperity. Pathways to Prosperity is also known as P2P, a not for profit organization that continues to strengthen the community by improving the social, mental, spiritual, economic, and emotional well-being of children and families through education and social services. Page 195 of 1023 970 N. Seauest Blvd. Boyi,Aon each, FL 33435 Phonc- 561-369-2323 FaxS61-732-3270 v,jww.p2ppbc.org f le left a legacy of service that reflects dedication to the church and community. In 2011, he mobilized the neighborhood community to save Galaxy Elementary School from closure/demolition. Today, Galaxy Elementary stands as Florida's Greenest School. He united with other churches in the area to work toward growth and development, to embrace change, and to commit to helping everyone benefit from the progress. He treated people with dignity and respect. He worked with Boynton Beach CRA, Bethesda Hospital, Boynton Beach city council, Boynton Beach Clergy Association, and was a champion for affordable housing as well as small businesses initiatives. Even during the worst stage of his illness, he continued to serve on boards and committees giving his time and energy because he wanted to see continued improvements and change. One of his favorite quotes was "To whom much is given, much is required". He made a difference for those whose voices were never heard. He was definitely a strong Voice in the community. Reverend Chaney served the Boynton Beach Community for 11 years prior to his passing of cancer on July 21, 2013. Listed are a few of Reverend Chaney's initiatives and acts of service. Daystar Academy of Excellence K-6 charter school Pathways to Prosperity, Inc. Parenting, finance and job seeking seminars Back to school screenings and health fair Reduced bus passes Food Pantry Free household small appliances and linen give away. Established early voting polls locations for eastern Boynton Beach Boynton Beach Clergy Association Criminal Justice Commission Task Force Community Redevelopment Agency Board Roots Cultural Festival Martin Luther King Celebration programs Camp Good News Summer Camp ESOL classes Save Darfar Coalition Bury the Violence Trained and mentored First Female Minister at St John Missionary Baptist Church Haiti relief efforts Saved Galaxy Elementary School Advocated for colon,prostate, and breast cancer testing. Provided free health screenings and testing at the church for the non-insured and those who lack the resources. Attached are articles to support many of his community efforts. Page 196 of 1023 970 N, e,)crest Blvd. Boynton Beach, FL 33435 Phone561-369-2323 Fax:561-732-3270 kP4ww.p2ppbc,org In closing, we respectfully seek your support in designating NE 9th Ave, from Seacrest Blvd to N Railroad Ave, the street immediately north of St John Missionary Baptist Church as Rev. Lance Chaney Way, in honorarium of his community contributions and civic participation in this city. He is deserving of such acknowledgement and merits the recognition. Reverend Chaney was a true servant leader who was a champion and crusader for positive change in Boynton Beach. He was a man from humble beginnings who spent all his adult life making a difference in the lives of others in the community in which he served. Sincerxety, Kc0erly Bush CEO Revia Lee, President Board of Directors Marilane Chaney, B mber Widow Page 197 of 1023 [Congressional Record Volume 169, Number 109 (Friday, July 26, 2013)] (Extensions of Remarks] [Page E11481 From the Congressional Record Online through the Government Publishing Office [wwjLg ).o.vov] IN HONOR AND MEMORY OF REV. LANCE [HANEY OF ST. JOHN MISSIONARY BAPTIST CHURCH HON. ALCEE L. HASTINGS of fIorida in the house of representatives Friday, July 26, 2013 Mr. HASTINGS of Florida, Mr. Speaker, Z rise today in honor and memory of Rev. Lance Chaney, who led St. John Missionary Baptist Church in Boynton Beach, Florida, as its pastor for many years. Words cannot express how deeply sorry I am to hear of his untimely passing at the age of 56, following a long battle with prostate cancer. As a pastor, civic leader, and anti-violence activist, Rev- Chaney leaves behind a legacy of service that reflects his true dedication to the church and community. Before moving his family to Boynton Beach in 2002. Rev. Chaney served as the pastor of the Greater Antioch Baptist Church of Rock Island in Illinois. There, he helped establish a health clinic and a bookstore, which attracted hundreds of new worshipers. Rev, Chaney also served an the school board and the National Association for the Advancement of Colored People's (NAACP) board of directors. After a nationwide search, Ren. Chaney became the seventh paster of St. John Missinmary Baptist Church on the occasion of its 94th anniversary. He was an active pastor who will be remembered not only for his passionate sermons from the pulpit, but for working to expand the 104-yemr'old church's services and outreach. Under his leadership, a teen Bible study and church newsletter were established. In addition, Rev- Chaney was also a mentor to other clergy in the area/ helping them grow their congregations. Rev. Chaney was a well-known and very popular figure in the Boynton Beach community. He helped thousands of families by opening and serving as the chairman of the Day Star Academy of Excellence, a K'5 public charter school, and Pathways to Prosperity, a non-Profit rehabilitation center- He also hosted several back-to-school drives, parenting seminars, and health care screenings, and was known for giving out free bus passes and scholarships. Furthermore, Rev. Chaney worked tirelessly to improve the quality of life in Boynton Beach, an well as make it safer and more inclusive, He was an influential member of Boynton United, a community organization that works to prevent violent crime, and served on the Correction Task Force for the Criminal lustice Commission of Palm Beach County and Boynton beach's Community Redevelopment Agency board until 2007. Additionally, Rev. Chaney was m speaker and panelist for countless Page 198Of1023 other causes, including the Roots Cultural Festival, Martin Luther King Community Celebration-, Save Darfur Coalition, and Haiti relief efforts. While battling cancer over the past five years, Rev. Chaney, who graduated from the University of Arkansas with a Bachelor of Science degree in Business Administration, continued to pursue a master's degree from Howard University's School of Divinity. And, during his chemotherapy -treatment, he constantly urged men to get screened for prostate cancer. Rev. Chaney is survived by his wife, Marilane, and his children, Lance Alexander, Ashley, and Allison. My thoughts and prayers go out to them, friends of the family, members of St. John Missionary Baptist Church, and the entire Boynton Beach community at this most difficult time. In Lance Chaney, God Almighty gave us a man of vision-, courage, wisdom, and understanding. Each of us knew him in a different way, but he knew each of us in the same way, with great compassion and love. Mr. Speaker, Rev. Lance Chaney dedicated his life to serving his fellow man, and will be remembered for his tremendous ability to bring people together. It has been my great privilege to know his friendship. I now join all those whose lives he has touched in saying that he will be dearly missed. Page 199 of 1023 3/312020 Minister calls for new early%oting site in Boynton Beach-Sun Senting Minister calls for new early voting site in Boynton Beach Posted by Matthew Strier at 6:34 PNM South Florida Sun-Sentinel November's presidential election is bound to be historic and the Rev. Lance Chaney,who heads the 3,000-member, mostly African-American congregation of St. John Missionary Baptist Church,want-, to make sure Boynton .Beach voters have the convenience of early voting in their own city. Chaney sent Supervisor of Elections Arthur Anderson a letter requesting that his church become an early voting site. The church already serves as a regular polling place. But so far,with the missing ballot upheaval demanding election officials' attention, Chaney's gotten no response. The Elections Office Web site shows eight designated early voting sites in the county that were open for the primaries between Aug. 11-24. None of those sites were east of Congress Avenue, south of West Palm Beach. Early voting for November's general election restarts Oct. 2o. The Elections Office Web site does not yet Show early voting sites for the general election. "i think it is incumbent upon [county] commissioners to provide the same conveniences for the eastern sector," Chaney said. "My question is, is this done by design or coincidence?" - Erika Pesantes This article is related to: Elections, Boynton Beach Pae 200 of 1023 https:1/www.surrsenti net.con-vnewGiii-rpm-2008-09-11_080942014(�storyhtn-d7int--[at—dig italadshouse—bx-rnodal_nCq Usition-subscriber_ng LvdisrR at,ad-i nterst... III 332020 'BaWeWcr prayers-Sun Sentinel 'Battlefield' prayers Erika Pesantes Staff Writer South Florida Sun-Sentinel Aharsh fluorescent light pierced the darkness where a church minister, a crack addict and an alcoholic held hands,bowed their beads and prayed in the parking lot of the E-Z Market convenience store. An empty bottle of Courvoisier cognac went unnoticed as the spur-of-the-moment prayer circle formed around it,just steps from Seacrest Boulevard, the main artery in the impoverished community of the Heart of Boynton. "If we just get one person to turn around, that in om ent, it's success," said Minister Keith Moore of St. John Missionary Baptist Church. The Rev. Lance Chaney began the church's prayer circles and"Jericho Marches" in October in an attempt to reclaim his neighborhood and rid it, little by little, of drug dealing, shootings and other crimes. A small group of parishioners has continued the marches twice weekly, meeting and reaching out to addicts and homeless people they find on the streets around the church before services on Wednesday nights and after services Sunday mornings. The 2,000-member parish is one of at least two in the area conducting the marches. The Boynton Beach Church of God's parishioners also take to the streets, marching up and down Martin Luther King Jr. Boulevard. "It's us reaching out instead of being inside these walls," Moore said. "It's a proactive attempt to recoup our neighborhood." Police were called to the convenience store at least 86 times in 2007. Nineteen calls were drug-related, according to police records. "That area is probably more noted for drug sales as opposed to anything else.There are pockets of crime anywhere in the city," Police Chief Matt Immler said. "[But] most of the drug complaints are in the Heart of Boynton." According to the City's 2006 crime analysis, the city's northeastern zones that include the Heart of Boynton had the highest number of robberies and assaults in the city. The area had 55 robberies and 386 assaults- each about one-third of the city's total. EZ Market store owner Ray Ghali said his regular customers aren't a problem. The troublesome ones, he said, often are from out of town. Page 201 of 1023 https:/Av,-�w.sun-senfinel.corrdnews/fl!-)pn-i-2008-01-07-0801070006-storyhtrni 12 3/312020 'SaWefield'praWrs-Sun Sentinel He said he didn't know much about the marches,but thought they were a good idea. "It's really not to ram Christ down their throats,but to show someone cares," Chaney said. "The church wants to be relevant in the community." Minister Cedric Ivery, 43,has always been a part of the community. He grew up in the rough Cherry Hill neighborhood nearby where drug dealing was co m anon_About a dozen people he knew who were also raised in the Heart of Boynton have been killed, shot or imprisoned over the years, he said. "It could have happened to me as well," Ivery said. But he left for college and returned as a Riviera Beach policeman. Ivery, now a postal carrier, said he will continue to stay on the "battlefield." It's not the first time residents have tried to push crime out of their neighborhoods in the Heart of Boynton. In 1995,the city brought in Herman Wrice, an anti-drug crusader and founder of Turn Around America, to organize anti-drug marches like the ones he had put together in Philadelphia and elsewhere across the country. The marches lasted more than a year. The St. John Missionary Baptist Church parishioners march around the convenience store seven times, along a dark and dusty path past the trash bin behind the building and toward the brick-paved walkway that cuts through Heritage Park. It's symbolic of the Bible's story of the Battle of Jericho, Chaney said, in which the city's walls collapsed after the Israelites marched around it seven times. Similarly, these parishioners try to tear down the walls within each person, Chaney said.They consider it a success any time someone acknowledges the group or joins in to pray. But ifs not always easy. Gail Bailey, 42, an admitted crack addict,became agitated with Minister Greg Fashaw's attempts to pinpoint a reason for her addiction. Nonetheless, she acknowledged she had a problem. "I'm not dumb. I got caught up in the hype. I never told you I like the life of sin," Bailey said. "I need to get better for me." Pat B rown, 4 , also is a crack addict and admits she takes hits""often."" She has six kids, from 18 to 29 years old, who all want her to stop using drugs, Brown said. "I don't want this in my life, but I need to encourage myself," she said. "What I cannot do is hide from God, because I cannot lie to God. So what I want to do is change. "God bless those who He sends out for us," she said. Erika Pesantes can be reached at epesantes@sun-sentinel.com or 561-243-6602. Page 202 of 1023 https:lhmw.sur�senbflel.conVnevvs/fl-)prrt-2008-01-07-0801070006-storyhtrd 213 332020 'Battlefield'prayers-Sun Sentinel This article is related to: Drug Trafficking Page 203 of 1023 https:t/vmw.sun-sentinet.corrVne\As/ft-)pryr2008-01-07-0801070006-story htrri 313 By Freelancer By Linda Haase Special to The Palm Beach Post In the 18 years that Rev. Lance Chaney was the pastor of the Greater Antioch Baptist Church. of Rock Island, Illinois, he not only helped establish a health clinic and bookstore and attract hundreds of new worshipers, he served on the school board, the NAACP Board of Directors and more. When he and his family moved to Boynton Beach 10 years ago, be didn't slow down. And, as he recently celebrated his decade of service as pastor of St. John Missionary Baptist Church, he reflected on the church's accomplishments and the many community outreach prQjects he been involved with. Not only has the father of three served as a speaker and panelist for the Roots Culture Festival, MLK Community Celebration, Save Darfur Coalition and The Haitian Relief Efforts, he serves on the Correction Task Force for the Criminal Justice Commission of Palm Beach County and on the board of Genesis Community Health, Inc. and is chairman of Pathways to Prosperity (the social ministry of the church) and Day Star Academy of Excellence, among other community endeavors. Chaney, the seventh pastor of the 104-year-old Boynton Beach church, says he is proud that the church has evolved into a, diverse place where many ethnicitics come to worship. Under his leadership, the church has expanded its services, added aTeen Bible Study, established the church newsletter and founded a K-5 charter school', Day Star Acaderny of Excellence. The church plans to open a.preschool in January - and future plans include a family resource center. Even a bout with prostate cancer about four years ago hasn`t slowed down Chaney, a. 55- year-old University of Arkansas grad. He continues to pursue a master's degree from floward University School of Divinity while finishing up his final cherno treatments and being a staunch advocate for men's health, urging them to get screened for the disease, exercise, eat right and tal<_e care of themselves. "Having cancer has helped shape my journey and strengthened my faith. I use it to reach other men who are going through this," he reflects. "I am excited about how far I have come and at the same time I need to be a voice for those who are have the disease and are fearful. I need to let them know there's hope, that it is not a death sentence. Our technology has come a long way and.when I connect it to my faith, it gives me strength to survive." Page 204 of 1023 Rev. Lance Chaney dies after battle with cancer D , I ;J Or Ted White -rhe Rev, Lance Chaney was only 56. BOYNTON BEACH, Fla. T he Rev. Lance Chaney, of St. John's Missionary Baptist Church, has died. Page 205 of 1023 Chaney, 56, died Sunday after a battle with prostate cancer. More From WPBF: E,ma.1 alerte Ift ilelSocial He came to Boynton Beach 10 years ago from Illinois and got right to work. Chaney was installed as pastor of St. John's and worked tirelessly as an activist in the community. He organized anti-violence rallies and fought to get more voting precincts in the area. He also opened an elementary charter school and Pathways to Prosperity, a nonprofit rehabilitation center. Chaney also hosted health-care screenings and back-to-school drives. He is survived by his wife, Marilane, 53, and his children -- Lance Alexander, 28; Ashley, 24 and Allison, 18. A viewing is scheduled for 5 p.m. Saturday at St. John's Missionary Baptist Church. His funeral will be held at the church at 5 p.m. Sunday. Page 206 of 1023 Friends and civic leaders remember Lance Chaney -I QD_ Ju130, 2013 JU130, 2013 Save _7 For 17 years, the Rev. Lance Chaney served as the inspiration pastor Greater Antioch Baptist Church in Rock Island, and those who knew him best are remembering him as a man who never backed.down from a fight for what is right. Chaney, who since 2002 has been pastor of St. John Missionary Baptist Church in Boynton Beach., Fla., died July 21, his family said. He was 56. A memorial service will be held at I I a.m. today at Greater Antioch Baptist Church, 929 l4th St., Rock Island. Private burial will be at Chippiannock Cemetery, Rock Island. "Ile was a force," said Rock Island resident BerlindaTyler-Jarnison- "We referred to him as a. civil rights warrior. "14e was an activist for children, an inspirational leader and a role model for everyone." Tyler-Jamison said her fondest memory of Chaney was the help he gave in finding a caregiver for Tyler-Jamison's mother after the woman suffered a stroke at age 59. "I called up Lance and told him the kind of woman I needed, and he found the perfect person for me," Tyler-Jamison said. "'It was a wonderful match. That woman needed. ajob, and we had a job to give. She was perfect." Chaney was "an agent for good," Tyler-Jamison said. "If he saw an issue, if he saw a problem, if he saw a condition that needed correcting, lie would not turn his head away. He would address it. "He touched people. lie made a positive difference in the lives of everyone he met." Page 207 of 1023 �.. ity, v 1a. r` 43 tr w "h a y W Chaney was born May 19, 1957, in Great Neck,N.Y., and was raised in Dock Island. e was the first African-American to integrate the Moline Boys Choir. He attended the University of Arkansas at Dine duff, where he served as student body president and was a.member of Alpha Phi Alpha fraternity. "I le was a real gentleman, a class act,", said. Steve Pressly of Rock Island, who attended high school with Chaney. "He practiced what he preached." Dock Island Alderman Ivory Clark, 1st Ward, said he remembers the influence Chaney had on his life in just their first encounter. "1 was around 14 years old and applying for jobs, and he was doing job training," dark said.. "I sat down, and he asked me what I wanted to do when I grew up, what my five-year plan was and what my 1 0-year plan was. "I told him I wanted to be a basketball player. l4e asked nye how tall nay mom was and how tall nay dad was, and I told him mons was 5 feet, 8 inches and that dad was about 6 feet. "I was thinking he was really interested in my playing basketball." But Chaney had other ideas, Clark said. "He told nye, `Dell, you're saying you want to be a forward. A forward in the:ITA is 6 feet, 5 inches to 6 feet. 8 inches and they weigh about this.' And then he told me the percentage of high school kids who become NBA players," Clark said_ "He told me, "Mart focusing on your education.' Needless to say, I took that advice. "We lost a true leader when he left the area, and the world has lost a wonderful person." Chaney is survived by his wife )d years, Marilane, his children, Alexander, Ashley and Allison, his sister,, Rae Lynn, his great-uncle Franklin Lornax, and a host of cousins, nieces and nephews. Page 208 of 1023 R.M. LEE COMMUNITY' DEVELOPMENT CENTER, INC. R.M. LEE COMMLJNITY DEVELOPMENT CENTER, INC. has been set Lip 7/23/1999 in state FL- The current status of the business is Inactive. The R.M, LEE COMMUNITY DEVELOPMENT CENTER, INC. principal address is 9001`x. SEACREST BLVD., BOYNTON 13CIL FL. 33435. 1 eanwhile you can send your letters to 9100 N. SEACREST BLVD., BOYNTON BCH, FL, 33435. The company's registered agent is CHANEY LANCE 43I2 POMELO BLVD. BOYNTON BEACII, FL, 33436. The company's management are President - C Caney Chaney Lance, Director - Lacey David L. The last significant event in the company history is VOLUNTARY DISSOLUTION which is dated by 12/7/2011, 'rhis decision is take in action on unknown, The company annual reports filed on Annual reports— 1.0/1.7/201 I N99000004517 Inactive 650917904 Domestic Non.Profit FL 12/7'Q011 7/23/1999 34- - 5 900 N. SEACRESTBLVD.. BOYNTON BCH, FL, -)-) -) 900 N. SEACREST BLVD.. BOYNTON .BCI-1, FL, 33435 Page 209 of 1023 WEST PALM BEACH - Rev. Lance Chaney of St. John's Missionary Baptist Church in Boynton each defier s a message on the true meaning of thankfulness at the or Park Recreation Center in Delray each to hundreds who came out to participate in a free Thanksgiving Day dinner. This is the 17th year o 0" nagei N R8 Enlarge p-ev�r-qv 4. WEST PALM BEACH - Rev, Lance Chaney of St, John's Missionary Baptist Church in Boynton Beach delivers a message on the true meaning of thankfulness at the Pompey Park Recreation Center in Delray Beach to hundreds who came Out to participate in a free-rhanksgiving Day dinner, This is the 17th year o Contributor:ZUIVIA Press., Inc. I,Al my Stock Photo Image IM CCNPR8 Page 210 of 1023 File size: 18 MB (5.8 IAB Compressed download) Dimensions: 3000 x 2097 px 125.4 x 17.8 cm 10 x 7 inches 1 300dpi Releases: Model- no I Property-no )- u. .:s_ r ,v, More information: This image could have imperfections as it's either historical or reportage. WEST PALM BEACH- Rev. Lance Chaney of St.John's Missionary Baptist Church in Boynton Beach delivers a message on the true meaning of thankfulness at the Pompey Bark Recreation Center in Delray Beach to hundreds who carne out to participate in a free Thanksgiving Day dinner.This is the 17th year of the program that also included singing by the Straghnettes gospel group and remarks from public officials. Photo by Damon Higgins/The Palm Beach Post/1 12504 NOT FOR DISTRIBUTION OUTSIDE COX PAPERS OUT PALM BEACH BRJWARD, MARTIN, ST. LUNE, INDIAN RIVER AND OKEECHOBEE COUNTIES IN FLORIDA. ORLANDO OUT. NO SALES, TV OUT. TABLOIDS OUT. MAGAZINES OUT,WIDE WORLD OUT. INTERNET USE OUT. Photographer:ZUMA Date taken:25 November 200 Page 211 of 1023 s ( 4 1 4F n Page 212 of 1023 fl�li}V1I;ryYi IifiY�iiy�i a �WYi 6.E. Consent Agenda 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 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 March 18, 2020- "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 AMOUNT SOLICITATION NUMBER TERM Don Bell Signs Digital Monument 016-2413-19/EM APRIL 3, 2020 $75,000 Annual Signs THRU APRIL 2, Estimate 2021 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 214 of 1023 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum REQUEST FOR BID EXTENSIONS 3-18-20 RW D Addendum Signed Renewal Leger- Don Bell Signs Page 215 of 1023 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS March 18, 2020 REQUESTING DEPARTMENT. Public Works & Engineering DEPARTMENT CONTACT. Andrew Mack TERM: April 3, 2020 thru April 2, 2021 SOURCE FOR PURCHASE: City Bid No. 016-2413-191EM ACCOUNT NUMBER: 3034299-580-63.06 VENDOR(S): Don Bell Signs ANNUAL ESTIMATED EXPENDITURE: $75,000 DESCRIPTION: Award of the current Digital Monument Signs contract to Don Bell Signs of Port Orange, FL. was approved at the 4/02/19 City Commission Meeting and is for a one (1) year term that ends on April 31, 2020 with an option to renew for two (2) one-year terms. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for April 3, 2020 thru April 2, 2021, the renewal first of two renewal periods. 3 The City of Boynton Beach Finance/Procurement Services . , P.O. Box 310 " Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 u FAX: (561)742-6316 March 4, 2020 Gary Bell, President Don Bell Signs 325 Oak Place Port Orange, FL 33127 VIA E-MAIL TO: ctravcr(ted orLbcll iEnsecorri BID: DIGITAL MONUMENT SIGNS BID NO. 016-2413-19/EM CURRENT AGREEMENT TERM: APRIL 3, 2019 THRU APRIL 2, 2020 Dear Mr. Bell: The current agreement term for"DIGITAL MONUMENT SIGNS" awarded to Don Bell Signs expires April 2, 2020. We have been very happy with Don Bell Signs. The agreement documents allow for two (2)additional one-year extensions and we would like to extend the agreement for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to miLgrn g p'_Lk�fl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Senior Buyer at(561) 742-6318. Sincerely, I*kAL C2 Mara Frederiksen Director of Financial Services cc: Gary Dunmyer, City Engineer File America's Gateway to the Gulf Stream Page 217 of 1023 City The Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 0 FAX: (561) 742-6316 March 4, 2020 BID: DIGITAL MONUMENT SIGNS BID NO. 016-2413-19IEM Agreement between the City of Boynton Beach and DON BELL SIGNS.: RENEWAL TERM: APRIL 3, 2020 THRUAPRIL 2, 2029 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) DON BELL SIGNS �- NAME OF COMPANY SI TU NAME OF R--PRESENTATIVE TITLE (please print) DATE (AREA CODE)TELEPHONE NUMBER YJp� i , E-MAIL America's Gateway to the Gulf Stream Page 218 of 1023 6.F. Consent Agenda 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of February 2020. 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 $35,000 bid threshold for personal property, commodities, and services, or $100,000 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 February 2020: Purchase Order Vendor Amount 200816 Stryker Medical $12,690.50 200820 Graybar Electric $13,729.95 200822 Avirom&Associates, Inc. $22,624.90 200823 Madsen/Barr Corporation $37,127.00 200829 Envisio Solutions, Inc. $14,310.00 200832 Virtual Graffiti, Inc. $11,381.16 200834 Dell Financial Services, LLC $24,984.40 200841 Waco Filters Corp $10,380.00 200852 USA Garage Door, Inc. $14,999.00 200854 E + F Florida Enterprises $41,700.00 200858 Johnson-Davis, Inc. $73,525.00 200876 Cintas Corporation $22,085.09 200877 -1 Air Solutions $24,895.00 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: 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 Page 219 of 1023 Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Attachment Attachment Page 220 of 1023 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR February 2020 1. Vendor: Stryker Medical Purchase Amount: $12,690.50 Requesting Department: Fire Contact Person: Ouida Hall Date: 2/4/2020 Brief Description of Purchase: Single source purchase of procare service plan on existing equipment.Warranty would be voided if we did not use them for repairs and maintenance. Source for Purchase: Single Source Fund Source: 001-2210-522-49-17 2. Vendor: Graybar Electric Purchase Amount: $13,729.95 Requesting Department: Warehouse Contact Person: Jen Paciello Date: 2/4/2020 Brief Description of Purchase: For the replacement of control panels for lift stations 109, 909, and 911 for Utilities. Source for Purchase: Three Quotes Fund Source: 401-2816-536-52-75 3. Vendor: Avirom&Associates, Inc. Purchase Amount: $22,624.90 Requesting Department: Utilties Contact Person: Taralyn Pratt Date: 2/5/2020 Brief Description of Purchase: To perform professional land topographic surveying services for raw water main extension from the Little League Park to East Water Treatment Plant. Source for Purchase: Bid#067-2821-16/TP Fund Source: 403-5000-533-65-02 Task Order U-B-06 Project#WT2003 4. Vendor: Madsen/Barr Corporation Purchase Amount: $37,127.00 Requesting Department: Utilties Contact Person: Michelle Czecholinksi Date: 2/5/2020 Brief Description of Purchase: Repairs and emergency services for water distribution for Perry Village(Lawrence Road). Source for Purchase: Bid#019-2821-19/IT Fund Source: 404-5016-533-65-01 Project#W-1-1 702 5. Vendor: Envisio Solutions, Inc. Purchase Amount: $14,310.00 Requesting Department: Economic Development Contact Person: John Durgan Date: 2/5/2020 Brief Description of Purchase: Strategic planning software.This helps facilitate visual organization on our strategic plan and allows us to track progress,enhance accountability, and provide a mechanism for future phases of performance measurement. Source for Purchase: Three Quotes Fund Source: 001-2419-559-49-17 Page 1 Page 221 of 1023 6. Vendor: Virtual Graffiti, Inc. Purchase Amount: $11,381.16 Requesting Department: ITS Contact Person: Aaron Burn Date: 2/5/2020 Brief Description of Purchase: For Sonicwall Advanced Gateway Security Suite bundle to protect the network with advanced threat protection,gateway anti-virus, anti-spyware, intrusion prevention,application firewall service, content filtering, and 24x7 support with firmware updates. Source for Purchase: Three Quotes Fund Source: 001-1510-513-49-17 7. Vendor: Dell Financial Services, LLC Purchase Amount: $24,984.40 Requesting Department: Library Contact Person: Mike Naughton Date: 2/6/2020 Brief Description of Purchase: For the purchase of forty(40)Dell laptops for public use. Source for Purchase: Florida State Contract#WN08AGW Fund Source: 105-3221-513-52-01 8. Vendor: Waco Filters Corp Purchase Amount: $10,380.00 Requesting Department: Utilties Contact Person: Ford Babock Date: 2/12/2020 Brief Description of Purchase: For the replacement cartridge filters required for the membrane pre-treatment process. Source for Purchase: Sole Source Fund Source: 401-2811-536-52-75 9. Vendor: USA Garage Door, Inc. Purchase Amount: $14,999.00 Requesting Department: Utilties Contact Person: Howard Kerr Date: 2/18/2020 Brief Description of Purchase: For automated security gate for the main front entrance access that leads directly into the water treatment plant,water supply system,and admin building.The automated gate will provide controlled entry and will ensure the safeguarding of public safety,structures,and assets. Source for Purchase: Three Quotes Fund Source: 403-5000-533-65-02 Project#WTR127 10. Vendor: E+ F Florida Enterprises Purchase Amount: $41,700.00 Requesting Department: Facilities Contact Person: Gail Mootz Date: 2/19/2020 Brief Description of Purchase: For the remodel of Fire Station#2's restroom and shower. Source for Purchase: Bid#018-2511-18/IT Fund Source: 303-4101-580-62-01 Task Order#F-16-2019 Project#GG1901 11. Vendor: Johnson-Davis, Inc Purchase Amount: $73,525.00 Requesting Department: Utilties Contact Person: Taralyn Pratt Date: 2/20/2020 Brief Description of Purchase: For Quantum Blvd.8"sanitary gravity sewer main repair;located near lift station 511. Source for Purchase: Bid#028-2821-19/MFD Fund Source: 403-5000-535-65-04 Task Order#SW-02-2020 Project#SWR064 Page 2 Page 222 of 1023 12 Vendor: Cintas Corporation Purchase Amount: $22,085.09 Requesting Department: Facilities Contact Person: Gail Mootz Date: Brief Description of Purchase: Deep cleaning for Fire Stations 2, 3,4,5. Source for Purchase: US Communities Contract#R-BB-19002 Fund Source: 403-5000-535-65-04 13 Vendor: A-1 Air Solutions Purchase Amount: $24,895.00 Requesting Department: Facilities Contact Person: Gail Mootz Date: 2/21/2020 Brief Description of Purchase: For the replacement of one(1)15-ton condenser and two(2)10-ton condensers with grilled type face and new filter driers. Systems will be secured to the existing concrete. Source for Purchase: Three Quotes Fund Source: 303-4101-580-64-18 Project#GG1004 Page 3 Page 223 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 : 200816 OY T N EAC , LORI 33425-0310 DATE:10 P.O. #02/04/20 VENDOR 8350 SHIP TO: T : STRYKER MEDICAL City of Boynton Beach STRYKER SALES CORPFIRE STATION No. OQ E. CENTER AV PORTAGE, MI 49002 2080 HIGH RIDGE ROAD OYNTON BEACH, FL 33426 E TION NO. "75554 ORDERING DEP RTI ENT: OUIDA/ FIREEDED: CONTRACT NO. COMMISMON APPROVED: LIN QUANTITY UOM IT O. DESCRIPTION EXT DED IT COST COST 1 5.00 EA PROCARE SERVICE PLAN FOR POWER 1318 . 0000 6590 . 00 COT EMS PREVENT VENDOR ITEM NO. — MODEL #6506 2 4 . 00 EA PROCARE S .:. VICE PLAN FOR 1731. 0000 6924. 00 POWER—LOAD.. EATS. PREVENT V OR ITEM NOMODEL. #6390 3 6. 00 EA PROCAR.E SERVICE PLAN FOR STA-IR : ;: 236 . 0000 1416. 00 C Z. ;;EMS' PREVENT VEND634 IT.... NO:= MODEL #6252 4 2239.-50—EA 15 DISCO T si , 1.::0000 2239. 50— VENDOR ITEM NO. DISCOUNT -; E S PROCARE SERVICE P ON EXISTING EQ FROG INCL ES: EMS PREVE. T INCLUES PARTSLABOR, TRAVEL *INCLUDES 1 PM INSPECTION. *INCLUDES UNSCHEDULED. SERVC PRODUCT 'EQUIP ISS:.- *REP ,C T PARTS DO NOTES, INC_L E T T FsSS :.BATTERIES D OTHER DIS OS L H FESS P S:; ®. EM5 PREVENT T; *I'NC = _ S; LAAOR, EL *INCL. ES AL PM INSP -. b'1q *INCL ES SCEiD EIS SR1; *INCL TT R P CB *INCL S 0.1)VCT EQUI MEj4.T1 .®�: CXLISTS. *REPLACEMEW.V PARTS Do. .NOT: I CL TTRESSES, AND -OTHER DISPOSABLE OR EXPENDABLE PARTS. PROCUREMENT T SERW1 P.O. TOTAL:. 12690 . 50 CCOUNT NO, PROJECT 102-2210-522 .49-1.7 PURCHASING Page 224 of 1023 Page 225 of 1023 p p + N � , N e-I W r ri ri 4 E+p 0 p p 0 + p p 0 Ln Ln ^ ltl O N 1 ¢+ Ll�lm N o d a to k.0cn E+ i Ln oNi N 's N SiY r fifi + 0 W U 0 0 0Het t I I p C3 p p ® p p p 0 t �sy EaU LO Ln C; o Cy C� rta asLn Ch a „> Cel W G tea N + t Ln 0 x +n U 0 0 p p E� i O o H 1 ca Ln �$ I r 4z co 0 I 0 U p 9x NJ 04 04 W v us I H I rip , E4 N W ,x ul tag rM t� W W + 0 IU t-I I U� Cft Ct] u] H ra , W W W i UU PVA u3 to Mm u]U} z8] I E4 NUNU U S+ r+U ?dam I W H W U U X E4 UUU X H E HW HW E4 H9�W i NE+HEi EaN 04 D Eb4Cka NP4 f�aCe I 40000000 dJ W Waw Hcy aWH.b i 0 O 0 W ae W NNW C 7 I H H e-i rEl L- �i 4-I 0 rw Ix t12Ua D4 1 m m tls v y H W H v+ v+ d+ J + 04 UJ Ga WSW WH + Eru2Cw r N N N N LQ >4 Q Q>1 ?+W 0 a 0 I an m >r inE�pW E' u� O H 0 Ei 0 E,G U C-4 0 ' N N N N $4 OHS ONS H u]F-9 r $-P U !� I ON N N N 0 0 0 H s. 00 10 0 00 I Uri rd ri ri U s° U U � 16,' 0U0 MG?u] [-IUfn 149U[d$ I W W pa 2 NOR M4 U1 r-d i H y I ^ ! H N r1 v+ r H N m v r7 i i Q ' Q+ N 0 Page 226 of 1023 Page 227 of 1023 Services St tdY Sales Rep Name: Gisel Lepinr ProCare Service Rep: Mike Such 3090 E COWe Ave P ,M14&005 Dart. 1/20/2020 Ill : 200120005021 Account ll umber: 128535 AccountName Boynton Beach Fire Resuce Station No 5 AccountAddrem 20high FJdge pd Title. City le UP Emyratan Beach,FI.33426-9714 Phone: Email: Item Model Ci�oci�l��s ' cap trot° a°� No. Number t ty YrS To tal 1 6506 w�wer Com EP1S P stat 2 0330 5 1 3 6252 Po r-Ll} ESS Pr�uenC 4 1 �p1i.000 Sir EhRS ntE d 1 X,41 0 Pmw 11t Gln labor, B 'Secludes 1 annual PM Inspection incl hedualed serviceand product equipment ch ' t Parts do not include mattresses,ba es d other Disposable or expendable parts, went,. $In es ,lahor; ve] °Includes i annual PM inspection Rdudes unscheduled service *lndudbattery replacement Includes Product equipment cheftsu, not parts do not Include mattresses,and Other Disposable or expendable paft PrDCan'Tot~ 13It. Discount 15 Unless Otherwise stated on contz-Ac%payment Is ExPected uplouna. FINAL TOTAL rte 1/20/2020 1 /2021 e Customer S l� bar lF7°iNCl.S1IDd d ly CC CGa� �t Order Hs faot uir�d l Pffiff E'M=-!a Proposal and Purchase OrdAll er cu F o inrs seryl r.coan, d ora contained within this quamumm Is cOnSidemd confidential and Proprietary and Is not subject to public disdosure. Quate poiding valid for 30 day. Page 228 of 1023 Item Model Serial Number Program No. EMSPrevent 1 6506 141139762 2 5506 141133766 EMS Prevent 3 6566 150540033 EMS Prevent 4 65[96 i56540035N95Frevent 65€}65 150540034 EMS Prevent EMS Prevent 6 6390 15'6941444 6252 036240165 ESPrevenYN� 6252 €i 16E9639615 E�5 Prevent N6 '7 ESvfS Prevent N 9 6252 16063961 5252 16476396516 ESS Prevent NP 1D 1$ 6252 160639616 EMS iZ 6252 160539614 EMS Prevent NB 13 5;1913 Units TED EMS Prevent Page 229 of 1023 The City of Boynton Beach FL PeUy Ingaim Fire ief Boynton each Fim Rewue Department .. 2080 f h Ridge Roan' � BoyWau Bah,Flodda 33426 Phone:(561)742-6326 FAX-(361)742-6592 E-11 @bbd us 1/29/2020 Subject: Stryker equipment maintenance Boynton ch Fire Rescueutilizes a variety of STRYKER EMS stretchcn ALS (Advance Life Support)vehicles for patient transfer and transport. The stretchers and replaced as needed and to address the ever-changing needs of the fire service.In the past the established cess of completing repairs o "as Is was utilizeda to increase costs related to aging inventory, to of usage, r voiding , It is no longer cost effective to continue this practice. If an effort to reduce overall t maintenance costs and increase the life expectancy o f the we would lie to utilize the attached service plan, through Keeping the service plan with Stry*er, the manufacture of the equipment, ill provide the level of service required to meet the needs related to maintenancecompromising existing warranty or product fiability issue. Request: approve the purchase of the service plan.as submitted. h s:tlems sl�°yk r comlenLamlul c is Sinemly, MAXPOAV Matt Petty Interim Fire of America' Gateway to the Gulfstream Page 230 of 1023 Page 231 of 1023 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Date: 1/22/2020 Department:Requesting Fires I M. Petty 7Ex p I—an a tion for Purchase: rTo equipment r: mCots, loader, stairchairs. r I s V -�X— r ra c ac up materials): Three Written Quotations O State SA Contract SNAPS PRIDEIRESPECT Sole Source Piggy-Back u et rte Emergency Purchase Other EU Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Sou r r _1 7if _ �, Agent Date Asst City n r Date [City ManagrDatec r Fora Revised 02JO1102 Page 232 of 1023 Page 233 of 1023 stryker When lives are at Stake, you need someone who takes a proactive approach to keeping your equipment up and running. Mth our ProCare Service,you can count on trusted experts dedicated to caring for your equipment,so you can focus on what truly matters-saving lives, We're your ideal service partner and Will provide you with OEM expertise as well as propriety diagnostics tools that help us fix equipment efficiently and effectively. Stryker's ProCarer F- M D 13 Service plans tailored I Do to your needs 1 13 0 — n Pb7en'IM 0 P . Wive Protect Prevent Annual preventive maintenance maintenance plan plan inspection service 0 Documentation for regulating bodies 0 Stryker-trained service specialist 0 0 Stryker OEM parts 40 Battery servicnig and replacemenv 0 Labor and travel expenses 19 24-72 hour ® turnaround— 0 2-hour caU back t® Don't see what you're looking for? ProCare Semices offers custornizable packages to help fit your facility's needs. Soma options include, but are not limited to • PM-only agreements Co-op plans Onsite services • or and travel plans Page 234 of 1023 Base 6 Suspect the cot frame/base Check the battery terminal screws are tight(torque to 9 in-lb) Cheek the battery and replace if lifting is sluggish Verify all welds intact,not cracked or broken Verify no bent,broken or damaged components Verify all fasteners secure and tear Verify no excessive damage to X frame guards,replace if necessary Cheeckk and replace warn parte,including arm covers,arm wear pads, trolley top and side covers,cot release handle springs,anchor lever cover,and cot Cables/wires guides Check dead stop bumpers and replace if corner is damaged Verify no damage or pinching of wiring harness,cables or lines Check routing(s)and connection(s),verify no hanging wires Cylinder Verify no damaged connectors;replace if necessary Replace motor if motionless Check cylinder rod end and replace if unit functions in manual mode with Cylinder error Verify all fasteners are secure LED illuminated Verify the cylinder is adjusted so the lock nut is tight and the cot stops moving when it hits the dead stops Transfer Inspect for and verify that no hydraulic fluid leaks;inspect the fittings and tighten Clean er Clean debris from he top of he transfer m the foot end lock iand anchor on on the assemblies as necessary Extend cylinder rod completely and wipe down rod with Clean and prevent debris accumulation from transfer roller channels soft cloth and household cleaner Check for hydraulic leaks Replace the transfer lock boating,if due for service Medronic Controls Fundionafi Extend cot to raised position,measure and check load height ty Verify"jag"function is operating Check the load and unload functionality Replace V-guide rollers and replace transfer rods if unit is Verify high speed raise retract is working difficult to roll Wicar and tear Replace lift spring arms located under trolley top cover verify no bent,broken,or damaged components Verify no tears,cracks,or damage to the mattress,head section,or litter frame verify all fasteners are secure Verify siderails and safety bar operate and latch properly n Verify head section,backrest,and foot section operate and lock properly t� Adjust pneumatic cylinder for full range of motion a Unlimited repairs to restore equipment to manufacturer specifications. Verify all welds intact,not cracked or broken This includes all Stryker OEM parts and labor and travel expenses. Verify all warning labels are present and legible Responsive support from your field service representative who is guaranteed to return your call within 2 hours. Hydraulics Inspect motor mount and verify that all fasteners are secure Guaranteed equipment turnaround time of 24-72 hours." option to include unlimited battery service and replacement. verify that there are no hydraulic fluid leaks Inspect the reservoir and verify that there are no leaks Inspect hoses and fittings for damage or weer;replace as necessary Verify the hydraulic velocity fuse p12111 Manual back-up release handl • Combines benefits of Preventive Maintenance and Protect plans. Verify the manual back-up release handle functions properly Verify the manual back-up release handle returns to the stowed position Verify,the base extends/retracts smoothly when he manual back-up release handle is engaged vdith i oo pounds or more an the cot,verify he cot does not lower when the manual back-up release handle is pulled Settings Verify the fn-fastener shut-off bracket is configured properly Verrlly the cot and fastener fit and function properly a Verify the safety bar engages the vehicle safety hook properly Y � Switches - Verify there is no damage or wear to either switch Verify both switches operate correctly;replace if necessary Wheels 't Verify wheels are free of debris t Verify tires are in good condition Verify an wheels secure,rolling and swiveling properly Check and adjust optional wheel locks ProCare Service packages are available for all of our emergency care equipment, include cots,chairs,fasteners, chest compression systems,defibrillators and monitors. Contact a Stryker account manager or visit stryker.com/procare to learn more about our comprehensive service plans! -Feature is available based on product specification andcustomixation of package.•,Based on the provisions of the service agreement and he location of the product. Lit-1743 22 FEB 2019 Bev A Stryker corporation or its divisions or other corporate affiliated entities own,use or have applied for the following trademarks or service marks: copyright try 2o1S stryker PGwor-PRO XT,Pourer-LOAD,PruCare,strykar.All other trademarks are trademarks of their respective owners or holder. Page 235 of 1023 This document sets forth the entire product Service PlareAgreamentrAgreemellel between StaylterbledicaL(a division OfStryker Corporation),herein and afterrefictred to as 'Stryker",and Baynton Beach Fire]tesuce Station No S.hereinand atter,referred to as the"Customer".This is the entire Agreement and no other oral anodatl d, ThIs ent shall remain in effect awnless canceled or modified by either party according to the following term and conditions. 1. SERVICE COVERAGE AND TERM Sirykar shall provide to Customer the services(the"Ses-Acano=defined on Page i of the Stryker Quote as the equipment ProCare Program(hereinafter sacro,a'Service P e equipment covered under said Service Plan is set forth on ExhibitA to the Quote(the'Equipmenin The Services and Service Plan are ancillary to and not a complete substitute for the requirements orCustomrer to adhere to the routine maintenance instructions provided layStrykar,Its equipment and operations manuals,and accompanying labels and/or inserts for the Equipment Customer cowmantsand agrees that its personnel wall follow the Instructions and contents of those manuals,labels and hexim Wheal Equipmentor a component is replaced,the item provided in replacement will be the Customer's property ril'Custonser owns the Equipment)and the replaced item will be Sholkees praperly.The Service Plan coverage,term,start date—and price of the Services appear can the Service plan. 2 EQUIPMENT SCHEDULE CHANGES During the term of the Agreement and upon each party's written consent,additional Equipment may be Included in lite ExhibitA.°All additions are subject to the termsand conditions contained herein,Stryker shall adjust the charges and modify Exhibit A to reflect the additions. E® INSPECTION SCHEDULING Service Inspections will he scheduled in advance ata mutmallyagreed upon Ume for such period of time as Iffressoulably necessary to complete the Services,Equipment not made 2vallable at the specified time will be serviced attire next scheduled service Inspection winless specific arrangements are made with Stryker,Such arrangements Will mchole travel and other special charges at Stryker's than trates. 4. INSPECTION ACTIVITY On each scheduled service inspection,Strykers Service Representative will inspect each available item of Rquipment as required in accordance with Stryker s then current Maintenance procedures for said Equipment it them is any discrepancy or questions on the number offiespections,price,or Equipment,Stryker may amend ent S. CUSTOMER OBLIGATIONS Customer shall a commercially reasonable efforts to cooperate with Stryker in connection with Stryker's performance ofthe Services.Customer understands and acknowledges that Stryker employees will not provide surgical or medical advice,will not practice surgery or medicine,will not coarse in physical contact with the patient will not enter the'sterile field"at anytime,and will not direct equipment or instruments that cause In contactrefth the patient during surgery.Customers personnel will rapists from requeEthig Stryker employees to take any actions in violation ofthese requirements or in violation ofeliplicable laws,rules or regulations,Customer policies,or the Bent's balanced consent A refusal by Stryker employees to engage in such activities shall not be a breach ofthizAgreeivient Customer consents tothe presence of fkaryker Employees In Its operating rooms,where applicable,In orderfor Stryker to provide Services sender this Agreement and from patients. represents that it will obtain all necessary' co nsents d INVOICING Invoices be sent on the agreed payment method.All prices exclusive of to and local use,sales or similar In states ame5adlig uPfircutsales and use tax,C maer's Payments will be adjusted to include all applicable sales and use tax amortized over the Service Plan term using a raft that preserves for Stryker,its affiliates and/or 2saim the intended economic yield for the transaction described In this Agreement.All invoices issued under this Agreement e to be paid within thirty(30)days of the date afthe Involve.Failure to comply with Net 30 flay terms will constitute breach of contract and future Service will only be spade 0112 prepaid or COIR basis,or until the previous obligation is satisfied,or both.Stryker reserves the right with no liability to"er,to cancel any ccutuict on the basis oftrayment default for any previous equipment or service provided by Stryker or any of its affiliates, p. PRICECRANGES e Service prises specifwed herein are those in effect as afthe date ofacceptance of this Agreementand veil]continue in effiect throughout the term of the Service P INITIAL INSPECT70N This Agreement shall be applicable only to such Equipment as ififfied in Exhibit A,which has been determined bye s Representative to be in good operating condition upon his/her initial ipectionthereat, Page 236 of 1023 9. OPERATION MAINTENANCE substitute r the OfCu met to adhere to the routine maintenance instructions provided by Stryker,it's Stryker's Services are ancillary to and not a complete substi fo th requirements Customer Equipment and operations manuals,and accompanying labels and/or inserts for each item of Equipment.Customers appropriate user personnel should be entirely familiar with the instructions and contents of those manuals,labels and inserts and implement them accordingly. 10. SERVICE PLAN WARRANTY AND LIMITATIONS Stryker represents and warrants that the Services shall be performed in a workmanlike manner and with professional diligence and skill.Services will complywith all applicable laws and regulations.During the term ofthe Service Plan,Stryker will maintain the Equipment in good working condition.Notwifln-landing any other provision of this Agreement the Service Plan does not include repairs or other services made necessary by or related to,the following(1)abnormal wear or damage caused by misuse or by failure to perform normal and routine maintenance as set out in the Stryker maintenance manual or operating instructions.(2)accidents(3)catastrophe(4)acts of god(5)any malfunction resulting from faulty maintenance,improper repair,damage and/or alteration by non-Stryker authorized personnel(6)Equipment on which any original serial numbers or other identification marks have been removed or destroyed;or(7)Equipment that has been repaired with any unauthorized or non-Stryker components.In addition,In order to ensure safe operation of the Equipment,only Stryker accessories should be used.Stryker reserves the right to invalidate the Service Plan If'Equipment is used with accessories not manufactured by Stryker. To THE FULLEST EXTENT PERMITTED BY LAW,THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION ARE THE ONLY WARRANTIES APPLICABLE TO THE SERVICES AND ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY BY STRYKER,EXPRESSED OR IMPLIED,INCLUDING,BUT NOT LIMITED TO,ANY IMPLIED WARRANTY OF MERCHANTABILITY,NONINFRINGEMENT OR FITNESS FORA PARTICULAR PURPOSE. 11. WAIVER EXCLUSIONS No failure to exercise and no delay by Stryker in exercising any right,power or privilege hereunder shall operate as a waiver thereof.No waiver of any breach ofany provision by Stryker shall be deemed to be a waiver by Stryker of any preceding or succeeding breach of the same or any other provision.No extension of time by Stryker for performance of any obligations or other acts hereunder or under any other Agreement shall be deemed to bean extension aftime for performances of any other obligations or any other acts by Stryker. 12. LIMITATION OF LIABILITY EXCEPT FORTHIRD PARTY DAMAGES RELATED TO STRYKER'S INDEMNITY OBLIGATIONS UNDER SECTION 13,STRYKEWS LIABILITY ARISING uNDERTHIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF SERVICE FEES PAID DURING THE TWELVE(12)MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.IN NO INSTANCE WILL STRYKER BE LIABLE TO CUSTOMER FOR INCIDENTAL PUNITIVE,SPECIAL,COVER,EXEMPLARY,MULTIPLIED OR CONSEQUENTIAL DAMAGES OR ATTORNEYS'FEES OR COSTS FOR ANY ACTIONS UNDER OR RELATED To THIS AGREEMENT. 13. INDEMNIFICATION Stryker shall indemnify and hold harmless Customer from any loss or damage brought by a third party which Customer may suffer directly as a result of the gross negligence or willful misconduct ofStryker or its employees or agents In the course of providing Services.The foregoing Indemnification will not apply to any liability 2risingfrom:(i)an injury or damage due to the negligence of any person other than Stryker's employee or agent(ii)the failure of any person other than Stryker's employee or ageritto follow any instructions outlined in the labeling,manual,and/or instructions for use of the Equipment; ([it)the use of any equipment or pan not purchased from Stryker at any equipment or any part thereof that has been modified,altered or repaired by any person other than Stryker's employee or agent;or(iv)any actions taken or omissions made by any Stryker employee while under the direction or control ofCustomer's sustaff.Customer agrees to hold Stryker harmless from and indemnify Stryker for any claims or losses of injuries arising from(I)-(Iv)above resulting from Customer's or its employees!or agents'actions. 14. TERM AND TERMINATION between the parties and shall continue until Stryker ceases to provide Services or the The Agreement shall commence on the date indicated an the first Service Plan entered into Agreement is canceled by either party by giving a ninety(90)days prior written notice of any such cancellation to the other party.Ifthis Agreement is canceled during or before the expiration date of the Agreement,Customer will owe for the months covered up to the cancellation date of the Agreement and for any parts,labor,and travel charges, required to maintain Equipment exceeding that already paid during the Agreement.In the event Customer has pre-paid for the services hereunder,any unused amountas of the date ofcancellation shall be returned to the Customer on a pro-rata basis. Page 237 of 1023 15L FORcuMAIRM Except for custeeneeB payment obligations,which may Only he delayed and not excused entirely,neither party to this Agreement will be liable for any delay or failure of performance that is the result of any happening or event that could not reasonably have been avoided Or that is Otherwise beyond its control,provided that the party hindered card yed immediately notifies the other party descilibing the circumstances causing delay.Such happenings or events will Include,but not he limited to,terrorisna,asks ofwar, riots,dAl disorder,rebellions,fire,flood,earthquake,explosion,action of the elements,acts of God,Inability to obtain or shortage ofmaterial,equipment or transpartation, governments]orders,restrictions,priorities or rationing,accidents and strikes,lockouts or other labor trouble orshortage, In. MMMANCE REQUIREMENTS Stryker shall maintain the following insurance coverage during the to ofthe Agreement (1)commercial general liability coverage,Including coverage for products and completed operations liability,with minimum limits of$1,000,000.00 per occurrence and S2,000,600.00 insured aggregate applying to bodily Injury,personal Infuryand properly damage;(11)automobile liability insurance with combined single limits of$1,000,000.®0 for owned,hired,and non-owned vehicles,and(M)worker's compensation insurance as required by applicable law,At Cusimannes written requessi,certificates ofinsurance,shall be provided by Stryker prior to commencement ofthe Sarvicesat any prembses owned or operated by Customer.To the extent permitted by applicable laws and regulations,Stryker shall be permitted to meet the above requirements through a program ofself-insurance, 17- WARRANTY OF NON-EXCLUSION Each party represents and wan-ants that as of the Effective Dat%neither it norany of Its employees,are or have been excluded terminated,suspended,or debarred from a federal ornate health care program or from participation in any federal or to procurement or non-procaremerstprogreons.Each party further represents Mat no Final adverse action by the federal or to government has occurred or is pending or threatened against the partyits affillates,or,to its knowledge,against any employee,Stryker,or agent engaged to provide Services under this Agreement Each party also represents that if during the term ofthis Agreement it or any of its employees becomes s®excluded, terminated.suspended,or debarred from a federal fflutisie health care program or from participation in any federal or to Procurement or non-procurement pro ch will promptly notify the other party.Each party retains the right to terminate or modify this Agreement in the event of other parVa exclusion from a federal mrstala health care program 1% COMPLIAINCH Stryker,as supplier,hereby Informs Customer.as buyer,ofounwaser's obligation to make all reports and disclosures required bylaw or contract,Includin"thard limitation properly reporting and appropriately censoring actual prices paid for each Item supplied hereunder netof discount('Including rebates and its,if any)applicable to such form an Custurner's Medicare cost reports,and as otherwise required under the Federal Medicare and Medicaid Anti-Xiddrack Statute and the regulations thereunder(42 CPR Part 10OL952(h)),Pricing under this Agreement(and each Service plan)may constitute discounts on the purchase of Services.Customer represents that(i)its make all required costreports,and(if)It has the corporatepower and authority to make or cause such cost reports to be made.To the extent required by law,Customer and Strylsorr agree to comply with the Omnibus Reconciliation Act o1`1980(PJ-96Z4991 and it's implementing regulations(42 CPR,Part:420).To the extent applicable to the activities of Stryker hereunder,Stryker further specifically agrees that until the expiration of four(4)years after burnishing Services pursuararm this Agreement Stryker shall make avaTable,upon written request ofthe Secretary ofthe Department of Health and Human Services orupon requestof the Comptroller General,or any of their duly authorized representatives,this Agreement and the books,documents and records of Stryker that are necessary to ver*the nature and extent ofthe costs charged to Customer hereunder. Stryker further agrees that if Stryker carries out any ofthe duties ofthis Agreement through a subcontract with a value or cost often thousand dollars($10,000)or more over a twelve(12)month period,with a related organization,such subcontract shall contain a clause to the effect that until the expiration of four(4)years after the furnishing of'such services pursuant to such subcontract,the related organization shall make available,upon written request to the Secretary,or upon request to the Comptroller General,or any of their duly authorized representatives the subcontract and books and documents and records off such organization that am necessary to verify the nature and extiontafsuch Co5w. 19- CONFIDENTIALITY The parties hereto shall hold in confidence this Agreement and the terms and conditions contained herein[including Services Plan pricing)and any information and ande-dals which we related to the business ofthe other or are designated as proprietary or confidential,herein or Otherwise,or which a reasonable person would considerto be proprietary or confidential Information;and(b)hereby covenant that they shall not disclose such information to wry third Party without prior written authorization ofthe one to whom such information relates.The rights and remedies avatiable to a party hereunder shall net limit or Preclude any,other available equitable or legal remedleL 20. IHPAA Stryker is not a'business associate"of Customer,as the term'business associate'is defined by}IIP AA(the Health Insureore Portability and Accountability Act of 119%and 45 CX-.k parts 142 and 160-164,as amended).To the extent the Pushing mutually agree that Sayiner be(Mailegn business associate ofCor stomer,the Parties agree to negotiate to amend the Service Plan at this Agreement as necessary to comply with HIPAA,and[fan agreement cannot be reached the applicable Service Plan will immediately terminate.All medical lifforaration and/or data concerning specific Patients fincluding but not limited to,the Identity ofthe patients),derived incidentally during the course of ties Agreement shall be treated by both parties as confidentiaL and shall not be released,disclosed,at published to any party other than as required or permitted under applicable law&Notarldistanding the foregoing,Stryker may be conal d a'busin ass associate'of Customers related to any Service Plan for wirel ass products and/or other designated buslisessamaclateservices.If Stryker is considered a'busheraw assachaW,of Customer,Stryker will agree to enter Into a business associate agreement with Customer as required by HIPA& 21. MONCELLANEOUS Neither party may assign or transfer their rights and/or benefits under this Agreement without the prior writtert consent ofthe other party;except that Stryker shall have the right to assign this Agreement or any rights under or interests in this Agreement to any parent subsidiary or offifiate of'Steryker,All ofthe terms and provisions of this Agreement shaH be binding upon,shall inure to the benefit of and be enforceable by permitted successors:and assigns ofthe parties to this Agreement.This Agreementsball be constrand and interpreted In accordance with the laws ofthe State OfIrfichigan.The invalidity;in Whole or in part ofarry of the foregoing paragraphs,where determined to he Illegal,invalid,or unenforceable by a court or authority ofcompetentjurisdiction,wall not affect or impair the enforceability ofthe remainder ofthe Agreement This Agreement constitutes the entire agreement between the parties concerning the subject matter ofthis Agreamen[and supersedetrall prior negotiations and agreements between the parties concerning the subject matter ofthis Agreement In the event Of Inconsistency or conflict between this Agreement and any purchase order.Invoice,orshadlar document this Agreement will control,Any inconsistency or conflict between the terms of this Agreement and a Service Plan shall be resolved in factor ofthe Service Plan.71re sections entitled Limitation of Liability,Indemnification,Compliance,Confidentiality and Miscellaneous ofthis Agreement shall survive its termination or expiration. 22.MAINTENANCE INSPECTION Page 238 of 1023 This service contract may include products which are beyond their warranty period and tested expected service life.Any such product will be inspected to determine ifthe product Meets the operations and maintenance manual guidelines for that particular product as of the date of inspection.Despite any such inspection,Stryker makes no claims or assurances as to future performance,including no express or implied warranty,for any product which was inspected outside of its warranty period or beyond its tested expected service life. Page 239 of 1023 Moron!Z, Susan e Matthew Thursday,Janua30,2020 :4 ® Moroney, Susan Sub ect: Message from _C No.This was the requested additional information to purchase the maintenance service plan for the equipment that we already have. Matthew Petty interim Chief Boynton Beach Fire Rescue City of Boynton Beach 2080 high Ridge Rd. i Boynton Beach, Florida 33426 r ettyM@bb . s httP://www.boynton-beach.org/ K America's Gateway to the Gulfstream Please bre advised that Plorida has a broad public records iaw and all correspondence to me via email vinay be subject to disclosrureaUnder l"Iorida records law,email addresses are pubiic records.Therefore, your e-maii communication and your e-mail address rnay be subJect to public disciosure. On Jan 30, 2020,at 2:56 PM, Moroney,Susan< oroney5 b .us>wrote: Thank you. This requisition is for purchasing the equipment.Correct? I' skin from an accounting perspective c we will need to charge capital account and will need to assign fixed asset tags i so. The requisition is currently using a service account. Page 240 of 1023 Susan Moroney Accounting Technician fernp Financial Services Mailing Address P.O. Box 310 Boynton Beach, h[odda 334,25 Physio-al Address:;330 u t rn Blvd.,Suite 101 1 Boynton ch, Florida 33426 _.... 561-742-63 11 4 MoroneyS@ bbfl,us } boynton-beach.org/ ;W, ,.. Please be advised that Florida has a Inroad Public records law and all correspondence to me via email may be subject t( disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to pubilc disclosure,. From:Petty, Matthew Sent:Thursday,January 30, 2020 2:41 PM To: Moroney,Susan<Moroney5@bbfl.us> Cc: Hall,Ouida<HaIIO@bbfl.us>; Besosa, Michael<BesosaM@bbfl.us> Subject: RE: Message from KM_C554e Susan, Please see attached letter that will hopefully address the issue so that we can move forward. Please let me know if you have any questions! Matt Matthew Petty Interim Chief ,,,, Boynton Beach Fire Rescue 6i C ity of Boynton Beach 08 OfthRidgeRd. Boynton Beach, Florida 33425 1-742-6326 561-742-6342 PettyM@bbfl.us I http://www.boyntori-beach�ore,/ America's ate tote Gulfstream q 2 Page 241 of 1023 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject ti disclosure.Under Florida records law,email addresses are public records.I'herefore, your e-mail communication and your e-mail address may be subject to public disclosure, From: Moroney,Susan Sent:Tuesday,January 28,2020 1:17 PM To: all, Oulda <EHgaL1l02bbfi.us>; Petty, Matthew<Pett .use Subject: RE., Message from KM_C554e I need to understand more so I can explain to Mara.The single source explanation doesn't work if we are just now purchasing the equipment. My phone is out of commission . ITS is working on it. Who should I call when my phone is back up working? Susan Moroney Accounting Technician Temp Financial Services Mailing Address: P.O. Box 310 r Boynton Beach, Florida 33425 physical Address:3301 Quantum Blvd.,Suite 101 Boynton Beach, Florida 33426 5 61-742-6311 MoroneyS@bbfl.us Iboynton-beach.org/ .......... Please be advised that Florida has a broad public records law and all correspondence to me via email may be subiect n disclosure,Under Florida records lays,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure, From: Hall,Oulda Sent:Tuesday,January 28, 2020 12:55 PM ® Moroney,Susan<MoroneyS@bbfl.us>; Petty, Matthew< 1@Lbfl.us> ® RE: Message from KM—0554e Hi Sue, looking at the PO,we are making a purchase as well as the Service, Ouida Hall Administrative Assistant 7 Boynton Beach Fire Rescue City of Boynton Beach 2080 High Ridge Rd. I Boynton Beach, Florida 33426 6 St- - j--6334 HaIIO@bbfl.us http://www,boynton-beach.org/ America's Gateway to the Gulfstrearn 3 Page 242 of 1023 { Please be ad lsed that Florida has a broad Public records law and all correspondence to me via ernail may be subject t: disclosure.Under Florida records law, ernail addresses are Public records.Therefore,your e-mail communication and your e-mail address may be subject to Public disclosure, From: Moroney,Susan orone PS bbfl.us> Sent:Tuesday,January 28, 202012:01 PM : Petty, att etty bfl.us>; Hall,Ouida <HallO bbfl.us> Subject. FW: Message from K _C554e Chief Petty, So the req. came back from Mara. It is unclear if we are purchasing new equipment or servicing existing equipment. After our phone conversation this morning, I thought we were servicing the equipment but the paperwork looks like its new equipment. It references model#s and the request for Purchase says to Purchase equipment. Please advise.Thanks. Susan Moroney Accounting Technician Ternp Financial Services Mailing Address: P.C . Box 310 Boynton Beach, Florida 53425 Physical Adclressu 3301 Quantum Blvd., State 101 Boynton Peach, Florida 33425 n a �. 551-74 -551 Moro neyS@ bbfl.us I boynton-beach.org/ Please be advised that: Florida has a broad Public records lay and all correspondence to me via email may be subject:t� disclosure.Under Florida records: law„ ernail addresses are Public records.Therefore,your e-mail communication and your e-mail address may be subject to Public disclosure. From: Moroney,Susan Sent:Tuesday,January ,2020 : 3 AM Hall,Ouida ca11O bbfl.us> Petty, < ett r l.us> Subject: : Message from K _C554e Chief Petty and Ouida, spoke to Eric regarding this. This is considered "Single Source". III use this email as backup for its approval. Thank you. 4 Page 243 of 1023 From: Hall,Ouida Tuesday,January 2 , 2 A Moroney, Susan< orone blafl.us> ®Petty, Matthew<Pet1y bbfl.us> Subject: RE: Message from _ Good Morning Sue, please see updated over$10,000 form, it is not a contract. The PO is for Stryker Equipment that we purchase.The PO Is for service. If we do not use them we will be voiding the arran . I hope I am explaining this correctly. Or maybe Chief Petty can chime in. Please let me know if you have further questions. Respectfully, Duida Hall Administrative Assistant � r's, Boynton Beach Fire Rescue �4 City of Boynton Beach 2080 High Ridge Rd. 11 'Boynton Keach, Florida a 5 -742-6329 561-742-6334 61. HaIID@bbfl.us http://www.boyntoiri-beaclh.org/ America's Gateway to the Gutfstream Please be advised that Florida has a broad public records law and all corresponderuce to ¢ane via email maybe subject to disclosure.linder Florida records law,emai addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From*Moroney,Susan<hMjo2nrognn2ey5 bbfl.us> Monday,January 27, 2020 Hall,Ouida <Hall bfl. s> Subject: Message from KM-554e uida Do you have your 3 quotes? I don't have enough back up to process. c Page 244 of 1023 Susan Moroney Accounting Technician`TernP Financial Services MailingAddress: P.O. Box 310 I Boynton Beach, Florida 53475 Physical Address:3301 Q uantlurn Blvd., Suite 101 � Boynton Beach, Florida 334 6 � ' 5 61-742-6311 MoroneyS@bbfl.us a boynton-beach.or Please be advised that Florida has a bred 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_.rnail ,address may be subject to Public disclosure. From: Hall, Ouida Sent: Monday,January 27,2020 3:53 PM Moroney,Susan oroney bfi.us Subject: E: Message from K _C554e Chief Petty said it is just the backup from Stryker. uida Flail Administrative Assistant Boynton Peach Fire Rescue City of Boynton Beach �E 2080 High Ridge Pd, I Boynton Peach, Florida 53426 561-742-6329 561-742-6334 HaIIO@bbfl.us I httP://vvww.boynton-beach,or America's lsr Please be advised that Florida has a broad Public: records lave and ail correspondence to me via enlaill may be subject N disclosure.Under Florida records lave, emaill addresses are Publlic records,.Therefore,your e-mail cornimunication and your e-mail address may be subject to Publlic diisc:llcusure. From: Moroney,Susan< oroneySWbbfL us> Sent: Monday,January 27, 2020 3:32 PM Hall, r aall b flus Subject: F : Message from _C554e 6 Page 245 of 1023 Hl Ouida I have your requisition for Stryker on my desk. It mentions it is a state contract. Do you have any backup you could forward us for this state contract? It doesn't reference any state contract#on the paper work that I can see. Req and paperwork are attached. Susan Moroney Accounting clinician Temp Financial Services M allin Addr ss, P.O. Box + l oyntora ala, Florida 33425 , Physical Address:3101 Quantum Blvd.,Suite- 101 �� acl�, l ��ida33426 eN 561-742-6311 oro,n S@bbfL s bo ntora-bah, r a ;t� Please be advised that FbrWa has a broad public records law and all correspondence to roe via email may be subject to disci sLure,Und r Florida r ac rds law,email addresses arra public r cords.'Trefor ,your e-mail cornmunlcati n and your e-mall address may be suViect,to public disclosure. Moroney, Susan Monday, January 27, 2020 3:29 PM Moroney, Susan<MoronevS(@bbf1.us> Subject Message from KM—0554e 7 Page 246 of 1023 MO Susan From: Hall,Ouida Sent Monday, February 03, 2020 :2 A Moroney, an® Petty, Matthew ® Besosa, Michael Subject: RE: Message from _ No, it's to Service the equipment.The Equipment already have asset tags. Please advised if anything further is needed. Respectfully, ulda Hall Administrative Assistant Boynton Beach Fire Rescue r, City of Boynton Beach 2050 High Ridge Rd. I Boynton Beach, Florida 3342E 5 -742-6329 ' 561-742-5334 HaIIO@bbfl.us httP:/ www. oynton-beach. r' America's way to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to nye via ernail may be subject to disclosure.l, nder 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: Moroney,Susan< oroney l.us> Sent:Thursday,January 30, 2020 2:56 P T : Petty, Matthew<Petty .us> Cc: Hall,Ouida<Ha11 bbfl.us>; Besosa, Michael< esosa fl.us> Subject:RMessage from _C5e Thank you. This requisition is for purchasing the equipment. Correct? I'm askingfrom ccountin perspective because we will need to charge to a capital account and will need to assign fixed asset tags if so. The requisition is currently using a service account. 1 Page 248 of 1023 Susan Moroney Accounting'rechnician Temp Financial Services Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address:3501 Quanturn Blvd,,Suite 101 Boynton Beach, Florida 33426 SSt-74 -53J1 MoroneyS@bIsfLus boynton-beach.org/ ..... Please be advised that Florida has a broad public records law and all correspondence to acme 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: Petty, a Sent:Thursday,January 30, 202 1 PM Moroney,Susan< oroneyS flus Hall,Ouida<HalI0 Rbbfl.us>; Besosa, Michael<BesosaMbbflmus> Subject: RE: Message from _C554e Susan, Please see attached letter that will hopefully address the issue so that we can move forward. Please let me know if you have any questions) Matt Matthew Petty interim Chief Boynton Beach Fire Rescue City of Boynton Beach 2080 High Ridge Rd, Boynton Beach, Florida 33426 551-742-63561-742-6342 PettyM@bbfl.us I http://www.boynton-beach.org,/ America's Gateway to the Gulfstream 0� . � , 2 Page 249 of 1023 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: Moroney,Susan Sent:Tuesday,January 28,2020 1:17 PM To: Hall,Oulda <bAUQ@hhfL1&>; Petty, Matthew< ett I b fl.us> Subject: RE: Message from KM_C554e I need to understand more so I can explain to Mara.The single source explanation doesn't work if we are just now purchasing the equipment. My phone is out of commission . ITS is working on it. Who should l call when my phone is back up working? Susan Moroney Accounting'echnician Te rnp FinancW Services Mailing Address, P.O. to 310 Boynton Beach, Florida 33425 Physical Address.3301 Quantum Blvd.,Suite 101 Boynton Bea&i, Florida 53.426 st"'V t�. 561-742-6311 Moro neyS@bbf Lus Boynton-beach.org/ Vvlli, 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: Hall,Ouida Sent:Tuesday,January 28, 2012:5 PM To:Moroney,Susan<MoroneyS@bbfl.us>; Petty, Matthew<EqLyM@bbfl.us> Subject: RE: Message from KM_C554e H1 Sue, looking at the PO,we are making a purchase as well as the Service. Oulda Hall Administrative Assistant Boynton Beach Fire Rescue . .... City of Boynton Beach 2080 High Ridge Rd. Boynton Beach, Florida 33426 561-74,2-6329 ,,,;334 .......... Hal10@bbfl.us http://www.boynton--beach.org/ 3 Page 250 of 1023 America's Gateway to the Gulfstrearn 0 0111014 Please be advised that Flodda has a broad public records law and .all correspondence to urea:vla email may be sub.ect t disclosure.Under Horida records la%v, email addresses are public records.Therefore, your e--snail communication and your e-mail address may be sub.ect to public disclosure. From: Moroney,Susan<lurune bbflnus Sent:Tuesday,January 28,202012:01 PM Petty, Matthew<Petty b fl.us>; Hall,Ouida<hi!l0t hhfl.us Subject: FW: Message from _C554e Chief Petty, So the req. came back from Mara. It is unclear if we are purchasing new equipment or servicing existing equipment. After our phone conversation this morning, I thought we were servicing the equipment but the paperwork looks like its new equipment. It references model#s and the request for Purchase says to Purchase equipment. Please advise.Thanks. Susan Moroney IAccounting Technician Temp ar,. Financial Services Mailing Address: P.O. Pox 310 I Boynton Beach, Florida 33425 � . Physical Address.,3301 Quanturn Blvd., a'Ite 101 1 Boynton Beach, Florida 33426 561-742-6311-1 WbI Mor tlll . lib us I boynton-beacl°i.org/ 1 � Pt Please be advised that Florida has a broad public records Laos and all correspondence to me via email may be suViect t disclosure.Under Hu rida records law, email addresses are public records.Therefore, your e--snail communication and your e-mail address may be subject to public disclosure., From: Moroney,Susan Sent:Tuesday,January 2S,2020 9:33 AM Hall,Ouida< all bbf.us> Cc: Petty, Matthew<Petty bbl. s> Subject: RE: Message from _C554e Chief Petty and Ouida, I spoke to Eric regarding this. This is considered "Single Source III use this email as backup for its approval. Thank you. 4 Page 251 of 1023 From: Hall,Cluida Sent:Tuesday,January 28,2020 8:02 AM To:Moroney,Susan<MoronevS((@bbfl. s> Cc:Petty, Matthew<PettyM@bbfl.us> Subject: RE: Message from KM_C554e Good Morning Sue, please see updated over$10,000 form, it is not con-tract. The PO is for Stryker Equipment that we purchase.The PO is for service. If,we do not use them we will be voiding the W'arranty. I hope i am explaining this correctly. Or maybe Chief Petty can chime in.@ Please let me now if you have further questions. Respect-fully, Oulda 11all Administrative Assistant Boynton Beach Fire Rescue City of Boynton Beach z it 2080 High Ridge Rd. Boynton Beach, Florida 33426 561-742-6329 5 6 1-,74"e"J"3 34 Wwww.boynton-beach.org/ liaW@bbfl.us http America's Gateway to the Gulfstream IN 'er Please be advised that Florida has 'i broad public records law and all correspondence to me via ernail may be subject to disclos-ure.Under Florida records law,email addresses are public rek-ords.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure, From: Moroney,Susan<Morone 2[gagy� bbfl.ras> Sent: Monday,January 27,2020 4:09 PM To: Hall,Ouida Subject: RE. Message from KM_C554e Cluida Do you have your 3 quotes? I don't have enough back up to process. Page 252 of 1023 Susan Moroney �.. Accounting "ecimician Ternp Financial Services Mailing address. P,O. Box 310 Boynton Beach, Florida 33425 S f Physical Address:3301 t uantur Bled., Suite 10 I Boynton Beach, Florida 334-26 561-742-63-11 1' • -,.: MoroneyS@bbfl.us I boynton-beach.org/ Please be advised that Florida has a bred public records law and all correspondence to me via email may be subject to c is l sure. rider Florida records law, ernaii addresses are public records,Therefore,your e-mail communication and your e-mail address may be subject to pubiic.disclosure. From: Hall,Ouida Sent: Monday,January 27,2020 3:53 PM : Moroney,Susan orongya _ b fl,us> Subject: RF: Message from K _C554e Chief y said it is just the backup from Stryker. uida Hall Administrative Assistant Boynton Beach Fire Rescue City of Boynton Beach 2080 High Ridge Rd. Boynton Beach, Fiorida 334,26 HaI10@bbfl.us http:// w,boynton...beadhr,or / America's to the Gulfstream Yg, 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 lase, ernail addresses are public records.Therefore,your e- ali communication and your e-mail address may be srobject to public disclosure. From: Moroney,Susan Moronej.S bbfl.us Sent: Monday,January 27, 2020 3:32 PM 6 Page 253 of 1023 To: II, Ou i I da<Hal1 fl-us Subject: FW: Message from _ Hi Ouida I have your requisition for Stryker on my desk. I nions it is a state contract. o you have any backup you cul forwardr this state contract? Itdoesn'treference state contract e paper workt I can see. Req and paperworkare attached. Susan Moroney Accounftini l°ech ilcian Temp Financ al Services .wiling dress: P.O. Box 310 j Boynton Beach,Florida 33425 r t 4 1 vslcal Address;, 3301 Qua Muni. Blvd.,Site 101 Boynton Beach, Florida 33426 1-742-6311. �lor neyS �fLus oyr for a eac .o° _ °its J� f saris r fi rsjr 4 .` Nease be advised that Florida has a broad public records lave and all correspondence to me via email may be subject to isclosure.l nder Florida records law,email addresses are pubhc records.Therefore,your e-mail communication and your e-mail address may he subJect to public disclosure. Moroney, Susan Monday, January 27,2020 3:29 PM To: Moroney, Susan<Morone S �. u Subject® Message from KM—0554e Page 254 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200820 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/04/20 VENDOR 1331 SHIP TO: TO: GAR ELECTRIC COMPANY INC City of Boynton Beach 1871 OLD OKEECHOBEE ROAD WAREHOUSE WEST PALM BCH, FL 33409 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 75606 ORDERING DEPARTMENT: .TEN DATE NEEDED: CONTRACT NO. EM=1S=N COMMIS=N APPROVED. EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 3 . 00 EA CONTROL PANEL 4400 . 0000 13200. 00 VENDOR ITEM NO. - 6036165 00 2 3 . 00 FRA CARBON STEEL 3ACK:�::PANHL:-:F0R 176.6500 529. 95 CONTROL PANVL �: : . VENDOR ..1TEM NO. AB-6036TP�:. ...... .... .... WH ORDERING FOR UTILITIES DO: NOT MAIL PO. WH WILL EMAIL VENDOR, MIGHT T.BD .. ... .. . . . . . PROCUREMENT SERVICES� P.O. TOTAL 13729 . 95 ACCOUNT NO. PROJECT 401-2816-536.52-75 ............. PURCHASING Page 256 of 1023 ci bi m om H HH 4S H 1-3 u 0 r) w m u n Li m to L, W 0 Im, NO bd 0 m 0 1-3 tj ca 10 9 v w t, cl m pm 0 0 w m r 10�j v Ll ci 0 t, W H 0 W H Hw, b w rn w rn DI Go ED ciul O.O�O cl�v U3 0V on v ci la u 10�v pa t14 V t. H 10 H w 03 H t-li W Mi In In 03 H V3 pj rn v -3 P3 i rn 0 nH i tj 27 Ll m 2 bd n C4 Id : 2 a 0 i Q 0 210 w H bd H tA IHI 14 td H t-- 0 ¢3 os a o M z coo 0 a t. -4 ON H H -3 0 i Ln Ln Ln H tL lui O, VICJ I M Ci PDI w r H 14 w Ln bi W %a OR 0 in Ln O N N zg,, Page 258 of 1023 VENDOR LOTES GAFYi N Wso PO r � xy Name.- Phone 2. ne PhoName: ` sm�' mem A 4+ 3. IL Phone %L-ic= Piggy Back Bid # Sole Source Letter Other Page 260 of 1023 City of Boynton Beach A I Warehouse Special Order (Purchase Order) -1,06 72 Vey )r (Only one vendor per Special Order)° Ship To: Attn- Warehouse P�airchasing Method, 222 NE 9th Ave. Date (�)rdef' placed� Boynton Beach, FL 334-45 Total Ctst of'Order r...... Y Requesting DepwIment Use WH Use On .......... T -�%rid at otl!. Item # Description Date, RCDI 8/0 , ............................. ....................... ------------- . ......... .. ........ ................. .............. .. .... _,. ............. . ......... .... i........................... .................. ................ 420 Requesting Department Date ....................... Bti 17 L?dget Accouni #jL Q AL 6 ;L Prck)ect ............... i Lyse oniv orae :coo nutmber ver order form! (IF applicable-I �.Sig,naturt;', is rec�uired an order i,:an, be proct%�sed') Redpie,rn, Extension or Cell Phone t"Th"t. warvhous(e 1611 deliver the �,'.rder to the recipient i (WH On ) Order placed via Name Date `7? Reason fm placing oider "A All copie%are to be returned to the warehouse when placing an order. Page 261 of 1023 CITY OF BOYNTON BEACH a ! REQUEST FOR PURCHASE OVER $1%000 Date.- 1/27/2020 Requesting o Materials & Distribution : Jen Patello 7lacerne for r e:xt control panel f r lift station 109,909,&911 for Utilities. . a a or r a t r o t of � 12re6 for Source ase o umaterials)- r6tt tat GS State Contract PRIDE/RESPECT APS Sole Source Piggy-BackPiggy-Back Budgeted Item Emergency Purchase Other Contract r: NOTE. Pricing proposal for purchase most be presented in the same detail conta�ned Within the contract. Fund Source for,. .Purchase: �. .. w..� 401-2816-536-5275 Approvals': lea g -� ate [Department roasir get N ate Asst City Manager Date Citi Manager Date Revbted 02101/02 Page 262 of 1023 GrMbaR 'IM OLD OKEECHOBEE RD WEST PALM BEACH FL 3UN-0227 661-472-3800 Fax 7 To'. CATY F BOYNTON BEACH/1 00 DaW. 0111712020 0' BLVD Praj BOYNTON BEACH FIL 33435 GB Quote® ; 0234522601 JEN Releaser. 661-742-6400 OrderPurftse Nbr Email, Additional Reffi Valid . 0111712020 Valid T : 0211602020 Contact, mit andy.brown@gmybar.com Proposal We to Your Requad and Take Pleasure in RaVordmq As Follms ItSupplier Catelon Nbr on Price Unk EktPfice, 100 3 EA AUSTIN1 4BOX36XIST-30.46TMNLEBGSTEELWYLEURE HINGEI . HINGES1)DOOR TO HAVE CONCEALED STAINLESS 2)PROVIDE C12Q THICK1 I INNER DOOR PAINTED WHITE. 3)PROVIDE SEAN WELDED DRIPSWEI-15 OVER DOOR. 4)PANEL STUDS PROVIDED FOR OP71ONAL PANEL LISTED BELOW. 5)PROVIDE 24 X 36X 10 T-384 STAINLESS STEEL BASE BASE BOLTED TO ENCLOSURE. 10 GAUGE T41114 STAINLESS STEEL AND HAVE TWO SETS OF ,®LOUVERS WITH INSWT SCREENS. FRONT OF BASE TO HAVE REMOVABLE COVER WITH HANDLES AND SECURED VWTH 114-20 STAINLESS STEEL SCREWS. OPEN BOTTOM PROVIDED j PROVIDE 9 X 11 T404 STAINLESS STEEL PRINT WELDED TO INTERIOR OF DOOPL (ALUMINUM NOT PROVIDED AS YOU CANNOT WELD ALUMINUM TO STAINLESS STEEL) 7)PROVIDE GROUND AMD BORDIN43 PROVIISIOL 81 L SEAMS SHALL BE CONTINUOUSLY WELDED AND GROUND SMOOTH. 91 EXMRIOR DOOR SHALL OPEN 180 DEGREES. OPENING10)ENCLOSURE DOOR WATERINET'WHILE DOOR 16 OPEN. 11)INNER i INNER STOP KIT INSTALLED. FINISH. LYESTER POWDER REFLECTIVE BRIGHT WHITE INSIDE 200 3 EA AUSTIN 00 AB-603STP $176.66 4 I PANEL This @*VmoM vdaowWM M90NOw chugna s (w6jud W a=ftWMvW ForMOMMAISMAG011-100MI4401 a To loam mom ubmd emyber,vNit our vuebske at www.gmyber.com 24-Hour Emergency Phone#.i This r on the lowne of sale In Ow Z=79rA re ant which man as round by eficidnj the link found Page I of 3 Page 263 of 1023 TO: CITY OF BOYNTON BEACH/180 t : 1 100 EAST BOYNTON BCH BLVD Proj Name: 130YNTON BEACH FL 33435 GIB Quote#. 0234522601 Attn: JEN Proposal V&AppWab Your t and Take PleseureI Total In USD(Tax not Included)- e 729.95 POB: FREIGHT ALLOWED To town Moro about ra%1M our wnbefte at www.gnWbor.com Ale afn*Uquaft 9n 1n Me rav"70 ManterAproementv*ft am be found by afliudng the Unk found 4 ?age 2 f Page 264 of 1023 Tw. CrrY OF BOYNTON BEACHM 80 Data, 01/172020 100 EAST BOYNTON BCH BLVD Proj Name: BOYNTON BEACH FL 33435 GIB Quote M. 0234522601 Aftn: JEN Proposal We Appmdeb Your Request ancl Take Pleasure In Responcift As Folows Signed; •e**nWWW&UWMW WWWOn dMon MW be P=Md lbraWN"canq pqmwftvjp mow Momw SwAm(&*w tomatenmv*rwmnh*ww&aawi4wmv74oe b wedc wee kwbV spedua To Isarn more about Grewber.visit our webefte at www.gmybar.com 29-Hour Emergency Phonak I-WO-GRAYBAR 7kb GrrAnr quote Is bound on the tMM dFoale[a the EVAM MeaftrAgreementwidrh con be found by offs"Um Unk found at • nh"dnenLxnm&ubfolPLMLM%MECTMSupplisi%Zginfoff&MontClayMrtg=7q_C4aybw_Conb=UlmLgmw"pdf Page 3 of 3 Page 265 of 1023 NOR Quotaflon QUOTE OffF- . ' NUMBER .P 011=820 6128952706 101"! W07 OLD OKEECHOBEE ROAD a PAW PAM BEACH.FL 3340MM CUST i4ogj.AS ENCLOSURE Fox(101)646-7555 QUOTE TO: SHIP Tch CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH PO BOX 310 222 NE GTH AVE BOYNTON BEACH, L 33425MIO BOYNTON BEACH,PL ------------ 611-734-8111 Todd Gill1 r OR '� r 3ea AUS DIRECT 1 BACKPLATE Pm133525 3es AUS DIRECT $ 5 .1 1 *THISr TWO-WF.FX LEAD TIME. ® an *1 , 16148.63 amuft3 a d low wins an or now quowon l 16148.63 .wr,;,,w4wil M174� r 1 1 1 Page 266 of 1023 Page I of I CED-VWEST PALK HFACH FIP PAGE 1500 K LOR DA MANGO RD. QUOTATION SUITE SA WEST PALM 13FACH Fl.33409 USA W=z a ITF 8 EV DATE TEL.•(GSIPS64340 FAX'( i . 01/23/2020 0 1/23/2020 CONTACT: DILAN CMZRM QUOTE EXNREG PARED BY 02/22/2020 QUOTE Fm MY or sommm 33rAm m NEW ACM EP40682 SHOP 9410 001 FOB 16141' GRIPP111C. Pam PO BOX 310 BOMTOX BEACH,FL334M TEL, CUST PO# 1011 WWE LN Qrr Psmucm CODE DESCMPTION PRXCZ VIES, En ma 01 a Aug AB-6036-Is-aLMOD4 3650.00 Z 16930.00 02 3 Aug ASSO36VP 37X33 PAM 205.59 z 610.77 TOTAL, 17566.77** =P PLEASENOTE:uThis Is maten afferto contract but mem�y a quotmilon of cumnt priam laryourcumnlemou and[rhnnallon,Orders L an L '415 hmedonalsqalationamsubjeolto C e our acceptance al'the terms and cmdlffons[mated at velosAur-leonsimuL which we may chang harthon to tj flom Um to gme rir n without poo9ce. make no reproomsiallom whh respect Ito compliance wKh john file:///C:/UsemMaciellol/APPData/LocaMicrosoft/WindowsANctCache/Can tentOudookI... 1/23/2020 Page 267 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200822 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/05/20 VENDOR 16625 SHIP TO: TO: AVIM & ASSOCIATES, INC. City of Boynton Beach 50 SW 2ND AVE, STE 102 EAST UTILITY ADMIN BOCA RATON, FL 33432 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 75552 ORDERING DEPARTMENT: UTIL ENGINEERING TP DATE NEEDED: CONTRACT NO. [C 3EISSEO:NAPPROVEM 0672621160 EXTENDED LINE# QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST 1 7600 . 00 DL TASK #1 1.0000 7600 . 00 Topographic Survey in accord with Standard of Practice set:::fbkth :1n Chapter 5J-17. 05 FAC. pursuantbb: SectAoi). 472.:.1027 Florida:: SktUt.08 2 5487. 90 DL TASK *2 1 , 0000 5487. 90 Updalqbsurface Utilities Invosti4ations pees.]- utility Designating: gervi-ces Avirom .0 j) pja Vacuum. Exd aVat.5.on Services . . . . . . Avircim: (not; included in p tal Amo=t PD) J . . . . . . . . . . 3 9537 . 00 DL:: ::TASK:#3 1.000.0 9537- 00 0 e technical Investigation .Fees, Subconsultant Av;l.rom: ..... . . . . . . . . . . . . . . . . . . sREMARKS- PROF98STONAL SURVEYINGRVI CES 'TASK ORD R U-B-06 RAW WUER;::.KAIN EXTENSION :FROM. THR .LITT-t-E LEAGUE P ..TO RAST;: WATER IREATMENT-..Ptj1NT: �.::PERFORM NG SERVICES. QNAL:�:LAN ... ....... PROCUREMENT SERVICES: C P.O, TOTAL 22624 90 7 ACCOUNT NO. PROJECT 403-5000-533.65-02 WT2003 PURCHASING Page 268 of 1023 N cli .01 E=1 C) C) C) c. 0 c, r- �0 CD M N w v in w r, Ln m N >I 0 - 48 r-I H N co ko 0 C) p Q Z M E-4I RJ C? C5 Ch 9 C� 9 0 0 0 < 0 ra 0 I C; 0 co m aq w v Ln iSSI r M r- Ln m I M H04 V4 H p Ot IM s: 0 M m E m C) CD 0 0 0 N Kc "M n 0 0 ji ji .LILn 0 C3 0 Ln a1 1 00 C) as as as U LO FA 9 0 : 1-4 0 v 0 r1l x H q —i -i a 0 0 E-4 'A -4 -1 0 z H Tj a rd 0 H H I-i 0 >l LO I ul 1 C4 44 144 1&4 r74 Xi F1 9 IQ 0 u MrIMH en FH z Am ko 01 n B MO Wa(UO(D 59 t:) M D4 F3C�MC)MC3M W 8 Oz O"MNMN : lsl M L- m K4 w 0 0 co rn H M R W Ln E-i W Ln m E- p4m N NO zp. w QC4 P4 0 EA 0 0 pq P4 u z E-11- 0 Gia 13 H 4.2 9I E-1 Gla tale ! 0 Im rd C)4-1 0 IC4 W. 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(a .. _ I Ln Ln Ln m Old H 0 1 -11 0 41 r) 4 4J r (d�-�Q u v 4 Q I Fq 0 C) 0 M Js 0 Fi , C-02 :3 0 ri PO 0 a 0 x (d rd E4 I m H O H R Cv C3 C) 0 om-i (14 H CdU 0 Q X C,4 a Oul Ln Ln 0 H I .H rdOO ft as t,4 I m m m (d-W r-q F-I 0 E)bW;JE4J V 0 C) Qid Or.)to 0 M Ed (d -H 41 1 v v l, w 04W mo 2v a) 413 rA 0 as 102 p M0 M p 0 R Ooum 04 O �80 urn .q GLI i 0 PP04 m E-4 C) w 61 DN i rF� rd 0 m m NIXM N'i N M A4 44 PFS HM HOl ��o w Is(d r4 4i P!D4 Q4 Page 270 of 1023 a C3 1 N N 1 I H OD 1 C4 rg I H 00 N r %D w z wl EA Q Z r4 H 0 rA z 0 ri E� 0 pa W cl 1 Ln Ln Ln 0 0 1 0 CD 0 Ln Cm I %D z UH Ul m 0 H w 9m I HW Z M 04 M W 0 En E4 mz m �3 0 M cn rn ri H•H cq w E-i OC3 .41 1 04 b= 14 54 H H 0 0>10 -H 04J w -,i-L4 M.,;U 03 44 Qb 0 E� 0 04 H ca �4 4J + N 4-3 N X.N r! 14(v E-4 k 5 `-M09) w 04 iv 0 0 H Uji�4 H ci u riq-ri p 0 co H NWOW H tsm - ca W P4 042UH Page 272 of 1023 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 21-Jan-20 Requesting Department: Utilities I iUtilities Senior Purchase:Explanation for Task Order - - - Avirorn &Associatesill provide topographicland surveyingi for the Raw Water in Extension from the Littler . RFQ -Professionaling Services Agreement approved on Mach 21, 2017 by Commission i the Cityiagreements. nded Vendor 16625. Avirorn &Associates, Inc. Dollar Amount of Purchase $22,624.90 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted Ie Emergency urch Other Contract r® - - Professional NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 403-5000-533.65-02 WT2003 I 'App r Department ea ate Purchasingt Datet� Asst City City Form Revised02101/02 Page 274 of 1023 REQUEST FOR REQUISMON ILT.E.ENTRY DATE: 1/2112020 REQUISITION Contract tor: T. Pratt Director:Joseph Patemiti Citi Manager( on d: t d. $50U: : REASON FOR PURCHASE: Professional survey services for: Raw Water Main Extension from the Little League Park to East Water Treatment Plant. Perform professional land topographjlo surveyhig services. RFQ 067-2821-16/TP-Professional Survey andMapping rvi Agreement,on March 21, 2017 City Commission Authorized the it ana er to ign !rn ivI u l Agreements. Task Order#U-VENDOR B-06 ION: DIVISION- OTHER INFORMAT Name: AvIrom ssociates, Inc. Admin. ( } ate: 1121/2020 ASAP ( } Address- 50 SW 2nd Avenue Engineering (XDate Needed: onTir . } Suite 102 Cust. Rel. ( } ASAP/Conf. Raton,Boca L 3 [Distribution 1 Phone(contact): Michael virorn Water al. ( } Quotes/Verbal rbal ( } dmin. ( } (over 0} etvirosue eont n 1 7- urnin { } t rltten ) T 1 ( } 561-687-1110 (over ) Vendor Number 16625 Treat. Bid Does. ( ) W.WTP2 ( } -M-eterServ. ( ) Sole Source Ltr. ( ) PIU 99 { } INITIATOR: Jose I-luerta"s S i r Sewage ( } Insurance (X ) Special Instructions, Eng r r .. ui eats: trrn r. Project Number: 067-2821-16/TP t Quan. Unit Price osri i n&Part Number Fund Basic Elammount `task#1 Topographic Survey in accord with Standard 1 of Practice ass t forth in Chapter 5J-1 7.0403 5000 533 65 02 $7,600.00 $7,600.00 FAC pursuant to Section 472.027 Florida Statutes Task Update Subsurface Utilities Investigations $4,989.00 1 $5,487.90 Fees: Utility Designating Services vlro Option: Vacuum Excavation Services $329.00 vlrontRi aui 'nn,I nllnFni „wRat 0 0 000 533 65 02 $5,487.90 Page 276 of 1023 'ask#3 Geotechnical investigation 00 Few Sub o it t 7 . Avirom $9,537.00 TOTAL 3 5000 533 22,6. 4.90 Page 278 of 1023 AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING January 16, 2020 Via E-Mail: huerfasL Mr. Jose Huertas City of Boynton each 124 E.Woolbright Rd. C)u Boynton Beach,FL 33435 Re: Little League Park r4 Revised PrOPONal Dear Mr. Huertas: In accord with your request, the following proposal for professional land surveying services is submitted for your consideration. TASK 1. Topograph is Su rM in accord with Stan dard of Praefice as sefforth in Ch apler 5,7-17 05 FA C pursuant to Section 472. 2 7 Morida Malutes Lintift per aerial • Prepare a topographic survey of the proposed raw water main route to the extend shown on attached exhibit.This task includes the following activities: • Obtain and survey aboveground information(for example pavement limits, sidewalks,gutkn, street lighting,power poles,driveway material). • Survey existing underground utilities within the project area(inverts,water mains, sewer mains, catch basins,manholes,sizes,phone,gas,cable TV,electricity). • Survey existing above ground utilities within the project area(e.g.valves,meter boxes,lids,rim elevations, fire hydrants,overhead cables). • Establish site boundaries for the horizontal direction drill bore pits. • Obtain specific boundary information, such as right-of-way lines,subdivision lines, lot lines,and base lines. • Establish horizontal and vertical control monuments to facilitate design. The monuments shall be established so that there is clear line of site between them.Horizontal coordinates shall be referenced to Florida State Plane,North American Datum of 1983 (NAD83).Benchmark elevations shall be referenced to No American Vertical Datum of 1998 (NAVD88). • RTK/GPS.or conventional data acquisition at 50-foot intervals within the project limits; location and elevation of existing improvements and visible above ground utilities; and setting at least four site benchmarks to facilitate engineering for the project site. • The survey shall be signed and sealed by a Florida Registered Professional Land Surveyor. • Follow-up activities after Task 2 Subsurface Utilities Investigation is completed to incorporate the horizontally and vertically locates for the detectable underground utilities within the project limits. LunW Sam Fee. $7,600 50 SW 2nd Avenue, Suite 102 Boca Raton, Florida 33432 561392 2594 www.aviromsurvey.com Page 280 of 1023 City of Boynton Beach r d Revised Noposal Little League Park January 16, 2020 Page 2 TASK 2: Update Subsurface U(Mes Investigations In accord with amdedproposal by Riftel-Mason Fees: Utility Designating Services $4,989.00 Avirom Total $5,48Z90 Option: Vacuum Excavation Services (as requested by engineer per test hole basis) $329.00leach Avirom Total $31. /e TASK 3: Geotechnical Investigation in accord with attackedproposal by Terracon Fees: Subconsultant $8,670.00 Avirom Total $9,53700 Total amount of contract(excluding optional Vacuum Excavaon Services) $22,62490 Time frame: Upon approval,project will be completed within 7-8 weeks based on results of consultants. Deliverables: Two certified prints,CAD file,PDF file and reports as received from consultants. Respectfully, A /-'ito Michael D. Avirom,P.L.S. rs AVIROM & ASSOCIATES, INC. Page 282 of 1023 1F!� i a y s a` - i s I� I r11 J y � =r tr p ' s} II- n r ,N f" { i 6 s { t e,Y Y� R-1 , l� 3 4 Page 284 of 1023 December 20, 2019 Irerracon vi cit&Associates, Inc. 1280 North Congress Avenue, it 101 Boca Raton, FL 33432 Attn: Michael D. Avirom, P.L.S., President 392 2594 E: Mike@aviromsurvey.com Re- Proposal for Geotechnicall Engineering Services New 24-Inch Diameter Raw Water Main Woolbdght Road, starting within Little League Park and ending at Harmening Arbor Park Boynton Beach, Florida Terracon Proposal No. PHD196089 Dear Mr. Avirom: We appreciate the opportunity to submit this proposal to Avirom & Associates, Inc. to provide Geotechnical Engineering services for the above referenced project.The following are exhibits to the attached Agreement for Services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location Our base fee to perform the Scope of Services described in this proposal is $8,670. See Exhibit C for more details of our fees and consideration of additional services. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a copy of the attached Agreement for Services to our office. Sincerely, Terracon Consultants, Inc. Pd -tP Dglas DL E. J-0de'Velez, P.Etl/ u Dunkelberg r, P. Sqqiy,qfftechnlcal Engineer Pfin dpal Terrecon Consultants, Inc. 1225 Omer Road West Palm Beach, Florida 33405 (561)689 4299 F (561) 689 5955 terracon.com mom Proposal r Geotechnical EngineeringServices Now -inch Diameter Raw Water Main is Boyntonch, Florida December 20, 2019TerraTerracon Proposal No. PHD1 95089 EXHIBIT A - PROJECT UNDERSTANDING Site Location Item Description Site Location h new utility line ill e ast® e alignedand will e located justSouth Information I rih Road, starting thin Li League ark and endingat enin or Park in Boynton Beach, Florida. Existing Thegrground surface at the eastern n ends of the pipeline alignment appears to a open and gra coveredWith some trees. Between the two Improvements parks, the planned pipeline passes h an existing cemetery. Y Frorn review of Google Earth Pro the ground surface elevation along e Existing Ta r by proposed pipeline alignment varies from about+22 it at the west end to about +16 ft at east end (data not known). - Based-- on review-of Google- Earth -Pro the western end of the proposed pipeline alignment(northeast comer of Little League ark)appears generally Site cc accessible to a truck mounted drilling rig. For the remainder of the planned pipeline the nearest(to the alignment)rig accessible zone for drilling borings appears to be within the southernmost and lane of Woolbright Road. Planned Construction Item Description The following information as provided s via email by Avirom Information i Associates, Inc. gilrrent� ins are t install Cew Inc�lN raw . _ter _Ain . .- south ..of .� project sari i o rit Roadfrom Little League ark to Harmening Parkusing e Horizontal Directional Drilling method. Ba I an our experience in the site vicinity we anticipate the subsurface Anticipated conditions to a depth20 feet to consist of loose to medium dense, relatively Subsurface Conditions n sands. rc!ea Resi.Aonshm r, Reso%mrceful Reliable MIST `t Page 288 of 1023 Proposal for Geotechnical Engineering Services Now 24-inch Diameter Raw Water in m Boynton Beach, Florida 1rerracon December 20,2019 im Terracon Proposal No. PHD195089 EXHIBIT B - SCOPE OF SERVICES Our proposed Scope of Services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described int following sections. Field Exploration Our proposed field exploration program consists of the following: Visit the project site,field mark boring locations, and contact the Sunshine State One Call of Florida (SSOCOF)for the clearance of public utilities. Apply for and obtain a Right of Way Use Permit from Palm Beach County so that borings can be drilled within Woolbright Road. Once underground utility clearance is obtained, mobilize a drilling rig and drill the borings in accordance with the information shown in the following table. Number of Planned Depth(fieif)_ Explorations Test Method below ground surface Planned Location 1 30 Near west end of p1paline aflgnmerd (WtNn LiWe League Park) .............................................. ........................................................................ Standard Near middis of pipeline alignment I Pone 'on 50 (within WooUght Road Southernmost rest Pa Faun Lane) _..................................................................... .................................................... _.:....._...,.._.. . ............x (SPT) Near east end d pipeline afignment 30 (wMin'Woc4bright Road or Harmening Park) A maintenance of traffic(MOT)plan will be set up for borings drilled within the roadway. The SPT borings will be drilled using mud rotary methods and samples of the subsurface materials will be obtained at frequent vertical intervals in accordance with procedures outlined in ASTM D 1586 (the Standard Penetration Test). SPT split spoon sampling will be continuous to a depth of 10 feet, and at 5-foot vertical intervals thereafter. Inaddition, we will observe and record groundwater levels during drilling. Once the samples have been collected and.classified in the field, they will be placed in appropriate sample containers for transport to our laboratory. The boreholes will be backfilled with gravel. Boreholes drilled in the roadway will be surfaced with dry Sakrete and cold-patch asphalt mix. R�,;,spi,')nswe n R�,,,so�,m'Ceftfl Ries'1 a b i e E,X,41B11"�8"R'COPE' 11(,,d,4 Page 290 of 1023 Proposal for Geotechnical Engineering Services Now 24-inch Diameter Raw Water in m Boynton Beach, Florida Irerracon December 20,2019 w Terra con Proposal No. PHD195089 Safety At Terracon, we all have a personal and uncompromising commitment to everyone going home safely each and every day. Incident and Injury-Free (11F)is about care and concern for people. It is our personal and organizational commitment at all levels of the company and is where safety is held as a core value as well as an operational priority. Working safely is an inseparable part of working correctly,just as much as other operational priorities, in particular quality,profitability and schedule. Incident and Injury-Free is our commitment to our people and others,who we value for who they are and what they do. 11F is not just something we do, it's in everything we do. As part of our IIF process,we will prepare a"Pre-Task Plan"for this project where we will identify the potential site safety and job hazards associated with your site. Our Pre-Task Plan will identify and prepare our personnel to be able to handle oonditions such as but not limited to traffic control, environmental contamination, site access issues, overhead and underground utilities, adverse weather conditions, and personal protection equipment and will continually be reviewed and reevaI uated throughout the field work activities. We understand that each site is unique and may contain different safety conditions and as a company to protect our personnel as well as others, we look at each site individually to identify the potential concerns. For this project, the implementation of a MOT plan is an example of our focus on safety. We have assumed that we are not responsible for location funnderground utilities beyond contacting SSOCOF locate service. Location of private lines is not part of the SSOCOF and is NOT included in the Terracon scope. If the locations of private lines are not known, and this information is desired, we have included a private utility locate under the Additional Services section of this proposal. Site Access: We anticipate that the site will be accessible to our truck mounted drilling equipment. In order to conduct our exploration of the project site, we must be granted access by the property owner. By acceptance of this proposal without infbrmaton to the contrary, we consider that you have provided access to our exploration equipment for the conduct of our work consistent with the agreed work scope. Property Disturbance:We have not budgeted to restore the site beyond backfilling our boreholes. Laboratory Testing The recovered soils and materials will be classified in the laboratory in accordance with the Unified Soil Classification System(ASTM D 2487)and appropriate geological terminology. Samplesfrom the bofings may be tested for index properties such as moisture content, organic content and grain size distribution. Rt,way`portsive , Resou.rceftfl h,'� EXHINT S--S0C',',*T OF SER1,'VICES f 4 Page 292 of 1023 Proposal for Geotechnical Engineering Services New 24-inch Diameter Raw Water Main m Boynton each, Florida Irerracon December 20, 2019 m T Proposal No. PHDI 95089 Engineering and Project Delivery Results of our field and laboratory programs will be evaluated by a professional engineer. The engineer will develop a geotechnical site characterization, perform the engineering calculations necessary to develop appropriate geotechnical engineering design criteria for the pipeline installation. Your project will be delivered using our GeoReport"system. Upon initiation, we provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. The typical delivery process includes the following: Project Planning —Proposal information, schedule and anticipated exploration plan will be posted for review and verification Site Characterization— Findings of the site exploration Geotechnical Engineering—Recommendations and geotechnical engineering report When utilized, our collaboration portal documents communication, eliminating the need for long email threads. This collaborative effort allows prompt evaluation and discussion of options related to the design and associated benefits and risks of each option.With the ability to inform all parties as the work progresses, decisions and consensus can be reached faster. In some cases, only minimal uploads and collaboration will be required, because opfions for design and construction are limited or unnecessary-This is typically the case for uncomplicated projects with no anomalies found at the site. When services are complete, we upload a printable version of our completed geotechnical engineering report, including the professional engineer's seal and signature, which documents our services. Previous submittals,collaboration and the report are maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. The geotechnical engineering report will provide the following: Site Location and Exploration Plans Subsurface exploration procedures Boring logs with field and laboratory data (if needed) Stratification based on visual soil classification and laboratory test results (if needed) Groundwater levels observed during drilling Description of subsurface conditions Discussion of the subsurface conditions found within the borings relative to the horizontal directional drilling Responsive , Re&DLK'Ce1'kfl R3,,flab�e EMi'ISIT 6-S�''OPE ICES 3 of 4" Page 294 of 1023 Proposal for Geotechnical Engineering Services Now 244neh Diameter Raw Water in a Boynton each, Florida Irerracon December 20, 2019 m Terracon Proposal No. PHD1 95089 Additional Services In addition to the services no above, the following are often associated with geotechnical engineering services. Fees for services not above do not include the following: Private Utility Locate: For an additional fee, Terracon can conduct a Ground Penetrating Radar (GPR) survey to supplement the SSOCOF public locate around our test locations. Even W the GPR survey is performed, Terracon will not be responsible for damage to existing underground utilities. We will take reasonable precautions to avoid damage to existing utilities. Review of Plans and Speeffications: Our geotechnical report and associated verbal and written communications will be used by others int design team to develop plans and specifications for construction. Review of project plans and specifications is a vital part of our geotechnical engineering services. This consists of review of project plans and specifications related to site preparation and pavement construction. Our review will include a written statement conveying our opinions relating to the plans and specifications' consistency with our geotechnical engineering recommendations. Rt,,.mponsNe , Rsoswn'ceftfl Reliable E'X"HEIT E-8 C(, E("Y 4(A 4 Page 296 of 1023 Proposal fbr Geotechnical Engineering Services New 24-inch Diameter Raw Water Main m Boynton Beach, Florida Irerracon December 20, 2019 n Terracon Proposal No. PI-101 95089 EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based upon our understanding of the site, the project as summarized in Exhflbit A, and our planned scope of services outlined =n ExhNt B, we propose to do the work for a lump sum fee of$8,670.00 as itemized below. A. Stake Bodng, Public Utility Clearance and ROW Permit acquisition: 14 hours @ $95 per hour................................................... $ 1,330.00 B, Maintenance of Traffic- Lump Sum................................................... $ 1,500.00 C. Field Exploration Work: DrIll Rig Mobilization: 1 @ $600.00/each.........................................$ 600.00 SPT Borings(2 to 30 ft, 1 to 50 ft): 110 ft @ $1ft .........................................................$ 1,760.00 D. Laboratory Testing Allowance: .........................................................$ 200.00 E. Geotechnical Engineering: Principal Engineer 4 hours @ $190 per hour......................$ 760.00 Geotechnical Engineer: 18 hours @ $140 per hour....................$ Total..........................$ 8,670.00 Should additional work be needed beyond the scope described herein, that work will be covered by supplemental agreement. Additional services not part of the base fee include the following: Additional Services(see Exhibit 13) Lump Sum Fee Initial for Authorization Private Utility Locate Service 1 $1,000 If the ownerlclient is unable to accurately locate private utilitles,we can subcontract a private utility local ng firm and/or utilize geophysical equipment,if necessary.The detection of underground utilities is dependent upon the composition and construction of utility lines. Some utilities are comprised of non-electrically conductive materials and may not be readily detected.The use of a private locate service does not relieve the owner of their responsibilities in identNng private underground utilities. Reso,,,,,rcelful ,, Rei,'Iab�e SCHIE-LULE 1-,�,,42 Page 298 of 1023 Proposal for Geotechnical Engineering Services New 24-inch Diameter Raw Water in m Boynton Beach, Florida Irerracon December 20, 2019 m Terracon Proposal No. PHD195089 Unless instructed otherwise, we will submit our invoice(s)to the address shown at the beginning of this proposal. If conditions are encountered that require scope of services revisions and/or resuIt in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposaI stating the modified scope of services as well as its effect on our fee will be prepared. We will not proceed without your written authori zation. Project Schedule We developed a schedule to complete the scope of services based upon our existing availability and understanding of your project schedule. However, this does not account for delays in field exploration beyond our control, such as weather conditions, permit delays, or lack of permission to access the test locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. GeoReport Stage Posting Date ftorn Notice to Proceed ............... ............ ................ .......................................1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-11................. 5 wees ................ k..............................................1-1-111-1-1-1.................1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1................... o#st ....................... .....-----------.... .................. .............. ........................ ..................................----------_-------------------- Upon receipt of your notice to proceed we will activate the schedule component or our GooReportwebsite with specific,anticipated calendar dates for the three delivery points noted above as well as other pertinent events such as field exploration crews on-site,etc. We vAll maintain a current calendar of activities within our GeoRepart website. In the event of a need to modify the schedule,the schedule will be updated to maintain a current awareness of our plans for delivery. c, Fi',eso�,,,,,rcef ul Am Reliable EXHfi,,,,MT CCOft*11'.,"NSA%TfONANH,)PROJEC""T SCHErKA1,:',2 of 2 Page 300 of 1023 EE`,,X3,+3FI" II) S'ITE",", I OCAl"iON Now 244nch Diameter Raw Water Main a Boynton each, Florida Irerracian December 20, 2019 Terracon Proposal No. PHD195089 4, H ..................... K, H istof ic Tcuracon Pr oj mt A"'V" to)4 FIGUN ONAND 16 NOT KrUMMED FOR MMSTRUCTOR PURPMES MAP P Page 302 of 1023 —Irerracon- Reference Number PHDI95089 AGREEMENT FOR SERVICES Is AGREEMENT is betw eon Avirom&Associates he(" lent")and Terrocon Consultants, be.(® nu nf)for Services to be provided by Ormsuftent for Client on the Woolbright Rd Now Raw Water Main project('Project),as described in Consultaffs Proposal dated 12120 019('Proposer),including but not 1~ to the Project hformations n, unless the Project Is otherw Ise described Exhibit A to this Agreement (which section or Exhibit Is incorporated mile this Agreement). 1. &mpe of Services. The scope of Consultants services is described in ft Proposal, including but not limited to the Scope of Services section ('Services'), unless Servs are otherwise described in Exhibit 0 to this sir (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Gonsultarffs Services do not include investigation or detection of, near do recommarxiatens in Consultant's reports address the presence or prevention of biological pollutants (e. .,mold,fungi, bacteria,viruses,or their byproducts)or occupant safety issues, such as vulnerability to natural disasters,terroriern,or violence. If Servicesinclude purchase of software,Client w III execute a separate software license agreement. Consultants findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. AccelsbaiscAd Teirsalmetlon. ent a at execution this Agreement is a material elementof the consideration Consultant quires to exec Services, a If Services are Initiated y Consultant prior to execution of this Agreement as an accommodation for Client at Clard's request bo parties shall consider that commencement of Services constitutes formal acceptance of all terms and condition of M Agreement. Additional terms and conditions may be added or changed only by written amendment gree nt signed by both parties. In the event Client uses a purchase order or other form to administer Agreement,the use of such I arm shall be for convenience purposes only said any additional or conf lefingr contains are stricken.This Agreementshall not be assigned by elther party w Knout prior w rWAn consent of the other party. Either party may tarrrinste this Agrearrant or the Services upon w r n notice to the other. In such case,Consultant shall be paid costs Incurredand fees rued to the date of termination plus reasonable costs of closing the Project. ® Change Ordhors. allent may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services fees for the requested changes. Follow Ing lents review, Clent shall provide w ritten acceptance. ff Client does not fallow these procedures, instead directs, authorizes,or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultantwillbe paldforthis work according to the fees stated or its current fee schedule. F project conditions change from those observed at the site or described to Consultant at the unne of proposal,Consultant is entitled to a change order equitably adjusting rvices and fee. 4. Compereseldion and Twams of Payment. Client shall pay compensation for the Servicesperformed at the fees stated in the ProposaL Including but not brace to the Compensation section, unless fees are otherw Ise stated in Exhibit C to this Agreement(w hichsection or Exhibit is incorporated into this Agreement). F not stated in either,f am w A be according to nsu nts current fee schedule. a schedules are valid for the calendar year in which they are Issued. Fees do not Include sales tax. Client will pay applicable sales required by law. Consultant may invoice all least monthly and payment is doe upon receipt of invoice. Client shall notify Consultant in w rifing,at the address below,w ithin 15 days of Um date of the Invoice F Client objects to any portion of the charges on the Invoice, and shall promptly pay the undisputed portion.Client shall pay a f° since feel of 1.5% per month, but not exceeding the maximum rate allow ad by law,for all unpaid un days or older.Clientagrees to pay aff callection-related costs that Consultant hours, Including attorney s. Consultant may suspend Services for lack of tirnely payment. it is the responsM of Clent to determine whether federal, state,or local prevailing wagerequirements apply and to notify Consultant If prevailing wages apply. F it is later determined that prevailing wages apply„and Consultant was not previously notified by dent, Client agrees to pay the prevailing wage from that pointforward,as w oil as a retroactive payment adjustment to bring previously paid amounts in line w Ith prevailing wages. Client also agrees to defend, Indemnity,and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for falling to pay prevailing w ages,inctuding the psyment of any f Ines or penalties. ® ThlFd Party Reliance. Is Agreement and the Sery ices provided are for Consultant and Clients sole benefit and exclusive use with no third party beneficiaries Intended, Reliance upon the Services and any work product is limited to Client and is not Intended for third parties offier than those who have executed Consuftanfs reliance agreement, sub' t to the prior approval of Consultant and Client. S. LIMITATION OF LIABILITY. CLIENT AND CONSULTANTL THE RISKS AND REWARDS ASSOCIATEDTHIS PROJECT, INCLUDING CONSULTANITSFEE RELATIVETO THE RISKS ASSUMED, AND AGREE TO ALLOCATETHE ASSOCIATEDTO THE FULLESTPERMITTED . THE TOTAL AGGREGATELIABILITY F CONSULTANT (AND IT PELATED CORPORATIONSU EMPLOYEES) TO CLIENT AND THIRD PARTIESC IS LIMITED TO THE GREATERF $50,000ORCONSULTANT'SF ALL INJURIES, , LOSSES, (INCLUDING AND T ) ARISING. TANT'S SERVICES OR THIS TO ACCEPTANCETHIS AGREEM ENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONEIIIII)ERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATIONTI THE PROPOSAL. THIS LIMITATION LY REGARDLESS OF "AILABLE PROFESSIONAL LIABILITY INSURANCE CAUSAS), OR THE THEORY OF LIABILITY, INCLUDING LI INDEMNITY, . TLIMITATIONLL T APPLYT T T E ICONSULTANT'S COMML GENERAL LIABILITY LICY. T. Indesmalty1ftedbute of Limitations. Consultant and dent shall indemnify and hold harmless the other and their respective employees from and against al lability for claims,losses,damages.and expenses to the extent such claims,losses,damages, or expenses are legally deternined to be caused their negligent acts,errors,or omissions. the event such clairrs,losses,damages,or expenses are legally deternined to be caused by the int or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Wither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty explicitlyis w alved under this Agreement. Causes of action arising out of Consultants Services or this Agreement regardless of caa s)or the theory of liability, including negligence, Indeanky or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to n not later than the date of Consultants substantial completion of Services on the project 8. Wanansty. Consultant will perform the Servloos in a canner consistent with that level of care and skill ordinarily exercised by members of the profession curre y practicing under similar conditions in the same locale, EKCEPT FOR THE STANDARD I Y STATED. CONSULTANTi , EXPRESS OR 1 IE% RELATING TO TSERVICES AND CONSULTANTCLI IMPLIED {ES OR WARRANTIES IMPOSED BY LAW, INCLUDING I MERCHIAMABILITY AND FITNESS FOR A PARTICULAR 9. hzaursswe� Consultant represents that It now carries,and w 11 continue to carry!(1) or enation insurance In accordance w Kh the haw s of the states having jurisdiction over Consultants employees who are engaged in the Services. and employer's liability insurance ($1,000,000); (11) Page 1 of 2 Rev.5-19 P e 381 of 023 —Irerracon7 Reference Number PHD195089 commercial general lability insurance ( 1, 0®l1 see 1$2,000,000 99g); (111) automobile flabilly Insurance ($1,000,000 B.I. and P.D. combined single Irdt), and IN) professional liability Insurance($1,0 ,000 claim I agg). Certificates of insurance w IN be provided upon request.Client and Consultant shall waive subrogation against the other party on all general liability and prop"coverags. 10. CONSEQUENTIAL DAMAGES. NETHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OFF T ; LOSS OF USE OR OPPORTUMTYP LOSS OF GOOD WILL, COST OF SUBSTITUTE FACILITIES. GOODS, OR SERVICES, COST OF CAPITAL, OR FOR ANY SPECIAL, CONSEQUENTtAL, INDIRECT, FL DAMAGES. sad on any theory of professional negligence unless and 11. Dinkipame Resohation. Mord shall not be entitled to assert a C48ito against Consultant be until nt has obtained the written opinion from a registered, independent,and reputable engineer,architect,or geologist that Consultant has violated line standard of care applicable to Consultants performance of the Services. Ment shall provide this opinion to Consultant and Ina parties shall endeavor to resolve the dispute w Ithin 30 days.after w hich Clent rnay pursue its remedies at low.This Agreeirant shall be goven-wel by and construed according to Kansas law. ® Subsmlace Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test rds,or other exploratory services. tient understands Consultanrs layout of boring and test locations is approxirrale and that Consultant may deviate a reasonable distance from those locations. Consultant w M take reasonable precautions to reduced to the site when perforrfdng Services;however,Client accepts that invasive services such as drill k*or sampling may damage or after the site.Site restoration is not provided unless specifically included in the Seryices. oced res 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such pr u it in 1 cate conditions only at the depths, locations,and tintes the procedures were performed.Consultant w It provide test results and opinions based on tests and field observations only for the work tested. Clent urderstands that testing and observation are not continuous or exhaustive,and am conducted to roduce-not allininate- project risk.C31ent shall cause all tests and inspections of the afte.MtBrials,and Services partor by Consultant to be firriely and properly scheduled in order for the Services to be perforrned in accordance w Ith ft Plans.specifications,contract documents,and Consultant's recommendations. No claims for less or damage or injury shall be brought against Consultant by Client or any third party unless at tests and inspections have been so performed and Consufterill's recommendations have been follow so. Unins otherw Ise stated in the Proposal.Client assn sole responsibility for deterinining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Clent's intended purpose. Client is responsible (even If delegated to contractor) for requesting sere and notifying and scheduling Consultant so Consultant can Perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultants Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consuflont's performance of testing and observation services shall not relieve Clisrift contractor in any way from its responsibility for defects discovered in its work orcreate a warranty or guarantee,CDrisufantwill not supervise ordirect the work performed by Clenfs contractor or its subcontractors and is not responsible for their mans and methods. The extension of unit prices with quantities to establish a total esfirinated cost does not guarantee a maximurn cost to complete the Services,The quantities,when given,are esfimstes based on contract documents and schedules made available at the time of the Proposal. Since schedule, perfornance, production, and charges are directed an or controlled by others,any quantity extensions must be considered as estirrated and not a guarantee of maximure cost. 14. Seennia Dispendtion, Affected Materials, sad Indemnity. Samples are orned in testing or disposed of upon completion of ft testing procedures (unless stated otherwise In the Services).Client shall furnish or cause to be furnished to Consultant all documents and linfor known or available to Client that relate to the identlity,ilocation,quantity, nature,or characteileft of any hazardous waste,toxic,radioactive,or contaminated miltedels (Affected Iviaterkils") at or near the site, and shall Immediately transmit now,updated,or revised Information as it becomes available.Clent disposition of Affected Materials unless specifically provided in the Services, and that Olent is agrees that Consultant is not responsible for the dispo responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or to We to any Affected lidaterials. Client shall have the obligation to make all sell or release notifications to appropriate governmental agenc le& The Clent agrees that Consultant neither created nor contributed to the creation or existence of any Affected k4ater"conditions aMe site and Consultant she]not be respon a 1 ble for any cialinvi, losses,or damages allegedly arising out of CDnsullant's performance of Services hereunder,or for any claims against Consultant as a generator,disposer,or arranger of Affected lisaterials underfederal,state,or locallaw orordmance. 15. Dearearaildip Of Documents. Work product such as reports, logs, data, notes, or calculations, prepared by Consultant shall remolin Consuftanfs property. Proprietary concepts, systems, and ideas developed during performance of The Services shall rarnain the sole prop"of Consultant. Fles shall be rnaintalned in general accordance withConsultent's document retention policies and practices. Ia. Utilities. Unless otherwise stated in ft Proposal,Clent shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for dernage to subterranean structures or utilities that are not called to Consultants attention,are not correctly marked,including by a utility tocate service,ora incorrectly shown an the plans furnished to Consultant. 117. Site Access end Safety. Client shall secure all necessary site related approvels. permit% keases, and consents necessary to commence and complete the Services and will execute any necessary BIB access agreement.Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supero ion or heafth and safety precautions for any other parties,Including Client, alent's contractors,subcontractors,or other parties present at the site. ORIDA STATUTESAN INDIVIDUAL EMPLOYEE PURSUANT TO SECTION ® ,0035 OF FL OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LMLE. Clent: AvIrom A,AssocWoa InC 22019 I Consultant . . ...t Dale: L rin By: : 121=2019 By: Name/711111a: P-E.I PqnRlij�� Naff aTW8: Michael D.Airliners-P.L.S.I Prareldeart I Address: So S.W.2nd Avenue Address: q112: mer'Rd t Pan B 1046 Boca Raton FL 33432 Phone: —2-69 GBB-4209 Fax: Phone: Fax: Emil: Gore Mun,111111 lerwarroces6com Email: Mlko&wlromsury r.cm Pay.5-19 Page 2 of 2 Page 306 of 1023 RITZEL MASON December 18, 2019 Michael D.Avirom, PLS Avirom&Associates, Inc. RbOMB$ON,Inc. 50 SW 2nd Avenue Boca Raton, Florida 33432 5119 Beachwood Road Ddray Beach,FL 33484 Subject: Fee Proposal for Utility investigation Services Phone., 78BA72.0358 Project: 24-inch RWM Little League—Woolbright Road www.rhzel-mmon.com Dear Mr.Avirom: t- son appreciates the opportunity to prepare this fee Proposal for providing subsurface utility engineering(SUE)services on thea ov referenced project.Ritzel-Mason is registered and licensed int state of Florida. This letter ills as our official scope of services and is accompanied by the included fee estimate. The combination of our resources and experience will provide Avirom&Associates.(the Client)with the confidence that l- son is the right choice to complete the project on time and on budget. Ritzel- Mason has been requested by the Client to provide utility designating and locating services to verify the horizontal and vertical positions of existing utilities. This proposal is based on Sunshine 811 design ticket(#352900117)listing a possible eight (8)Sunshine members. The purpose of this investigation will be for the design of a 24-inch raw water utility main. Proiqq,,Li its: The limits of our investigation will include the southerly portion of West Woolbright Road in Boynton Beach, Flodda from SW 2nd Street to east of South Seacrest Boulevard. See limits as outlined in red as shown in attached exhibit as provided by the client via email on December 17, 2019. Sgogs of . Rltzel-Mason will complete a SUE investigation in general accordance with ASCE Standard 38-02:Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data.Rltzel-Mason will search for the existence and approximate location of subsurface utilities within the project limits except those listed under sions below, The specific or includes: A. Records Research through customary means: a. Identify utilities anticipated to exist int project limits. b. Document responses and compile record information. B. Field Investigation using appropriate surface geophysical techniques: Page 308 of 1023 RITZEL 24-inch RWM Liftle League—Woolbdght Road -MASON December 18,2019 a. Documented conductive utilities — Pipe and cable locators (PCL) will be the primary tool used for detecting conductive utilities. Ritzel-mason will investigate with the objective of achieving Quality Level B for conductive Wilties.Where not possible, lower Quality Levels will be established. Utilities of non-conductive material installed with serviceable tracer wire ort will be considered conductive. It is important to note, however,that the depicted location of such utilities represents the tracer rather than the actual utility. b. Documented non-conductive utilities—Ground penetrating radar(GPIR)will be the primary tool used for detecting non-conductive materials. Ritzel-Mason will investigate with the objective of achieving Quality Level B.Where not possible, depict at Quality Level D. c. Undocumented utilities — are those utilities that may exist in the project area that have not been previously identified, are not discovered during records research, and for is there is no prior knowledge. Ritzel will use our standard search protocol in an attempt to determine the existence and approximate location of undocumented utilities; however,this work cannot guarantee that all utilities will be found and depicted. C. Quality Level exceptions —the following utilities will be investigated with the objective of achieving the specific Quality Level stated: a. Gravity sanitary sewers—Quality Level C. (but not included in this investigation) b. Non-conductive utilities with ready access allowing sonde, metal tape or detection rod insertion and tracking—Quality Level B. c. Subaqueous crossings—Quality Level D. D. Exclusions—the following utilities and/or components will not be investigated: a. for sewers and drains. b. Utility vault or manhole interiors c. Service lines d. Traffic control loops e. Signage wiring f. Irrigation lines g. Cathodic protection h. Thrust blocks. i. Septic systems j. Underground storage tanks, piping and wiring. k. Overhead utilities E. Vacuum Excavation-Test holes(optional) a. Ritzel-Mason proposes to use vacuum excavation equipment to perform test holes at locations as directed by the client.Vacuum excavation methods will enable Ritzel-Mason to visualize the utility in question fora high degree of certainty. Ritzel-Mason will make every effort to vacuum excavate to a depth of eight (8) feet using high pressure air methods. However, vacuum excavation will cease when these methods are unable to progress below refusal, such as bedrock or flowable fill. Rftzel- Mason will not employ destructive methods, such as jackhammers or chipping hammers, to break www.rbd�mason.com Page 310 of 1023 RITZEL 2Vinch RWM Me League—W001bright Road -MASON r1 ,2010 up bedrock or other refusal within a test hole due the high risk ofd to buried utilities and safety risk to employees. Utilities deeper than 8 feet may not be found. b. At the completion of each excavation Ritzel-Mason will place an iron rod and cap or a nail and disk at the test hole location and further identify the test of location with paint marks on the ground surface. We will backfill with native material and compact the soil in 6'-12' lifts as well as provide a permanent restoration of the pavement or ground surface within the limits of the original excavation. We will record maximum depth of the test of as well as vertical depth of any utility encountered. If a utility is encountered, we will also provide utility type, size, shape, material and orientation to the extent we are able to ascertain this information c. Ritzel-Mason will notify Sunshine 811 2 full business days in advance of excavation. Ritzel-Mason will mark the conductive utilities by inductive methods utilizing electromagnetic geophysical prospecting equipment. Known non-conductive utilities will be marked utilizing 2-D Radar(GPR). d. Due to mobilization costs a minimum of 4 test holes can be requested or mobilization costs will be charged. e. el- son cannot provide vacuum excavation in areas where obstructions, such as unmovable vehicles or storage exist. §UnLe .3C. Survey of utility designates and test of (optional) is not included in this scope of services but can be added at additional cost. Bala aad,� ti ® Unless specifically stated otherwise In the Scope of Services,this proposal is conditioned on the following. olifferences may result in necessary changes to the proposed scope and fee. • I- son will have ready access tot project area.Construction or clearing activities required for access to perform field services are not included. in MOT such as lane closures, route ® Standard Maintenance of Traffic (MOT) is included. Extraord detouring, crash trucks, off-duty police officer, railroad flagging fees and other efforts deemed atypical are not included. field oclin normally accepted business hours and without then for overnight or Fwrk an be competed with weekend work. conditions will be discussed with the client and may affect schedule. Possible delays due to weather Hazardous material, I encountered,will immediately stop work and Ritzel-Mason will not be responsible for any disposal. Confined space entry is excluded. Entry onto private property beyond incidental, or where prohibited, is not included. Entry into buildings is not included. Permits are not included but can be requested, if needed. Utility Designating Services as described above for a lump sum fee of$4,989. 2-man designating crew @$135 x 35 hours-, Survey Tech for coo rdinationlresearch @$88 x 3.0 hours, each. unit price of$329 1),1 YON-F rA'_�mt" Vacuum Excavation Services as c desribed above for a _r www.rdz"ason.com Page 312 of 1023 R I T Z E L 244nch Rvvm Litoe League-Woolbflght Road -MASON Decernber 18,2019 90002W20NYMM Provide all available records depicting owned utilities in the project area. Assist Ritzel-Mason as able in obtaining records of utilities int project area owned by others. Provide or facilitate access to project area for field investigations. .Deliverables'. • Paint marks and flags will depict the approximate horizontal position of underground utilities detected • A field sketch of underground utilities detected (colorized KMZ) a Test hole data sheets (optional) Schedule. _9 We propose to mobilize for this work 5 business days from receipt of this proposal duty signed and barring any unforeseen condition. :All invoices are due and payable in full on receipt of survey.Surveyor reserves the right to withhold cerrffled prints and files to client or clients consultants until payment is made in full. CAD file(if part of deliverables) will not be released until invoice is paid in full. if payment is not received within 35 days of the invoice date,a late charge may be added to the invoice in an amount not to exceed i%percent per month on the outstanding balance. If payment is not received within 60 days of the invoice date, Surveyor may terminate this agreement or suspend work under the agreement until payments have been madeln full.The undersigned agrees to pay reasonable attorney fees up to 50% and all costs and expenses incurred by Rkz&Mason int collection of any past due obligation of the undersigned pursuant hereto. §al:1s. The fees listed above are based on Ritzel-Mason's crews in able to work during to hours of 7:00am to 6:00prn and in granted access to the site. Nighttime or weekend work may incur additional fees. Nighttime work shall be any time outside of regular work hours being 7:00am to 6:00pm. Ritzel-Mason is equipped to supply for MOT services. The client will be responsible for providing major MOT assistance, such as lane closures. Ritzel- Mason's field crews and equipment are not equipped or prepared to work in any area that possibly are,or may have been, contaminated with hazardous materials at any time. Any fee or permit requested in order to perform the work will be submitted to the client at cost. Again,we appreciate the opportunity to provide our surveying services for Avirom &Associates. Please call me directly at 7136.472.0358, if you have any questions or comments. We to forward to beginning work on this project upon receiving your authorization to proceed. Sincerely, sn N, th, Dennis Ritzel, PSM Director of Business Operations 786.472-0358 Email: ® .com Page 314 of 1023 tw\ RITZEL 244rmh RVVM Litge League—Wool rl ht ROM MASON December 1 ,2019 Exhibit , e` it � ¢i ) Aw Ff �' IEdi f 4as d t 2!t 1t �It i t i ;t �U 11 t , t mason-com Page 316 of 1023 I A - 1 I RATE OMMDffrrfl CERTIFICATE OF LIABILITY INSURANCE "FIER [tII:2012020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE L R.THIS CERTIFICATECES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTH POLICIES BELOW. THIS CERTIFICATE OF INSURANCE Cf S NOT CONSTITUTE CONTRACT THE ISSUING INSURER(S), I1 ORIS O REPRESENTATIVE R PRODUCER,AND THE CERTIFICATE fi L ERa IMPORTANT. the certificate holder Is an ADDITIONAL INSURED,the poll yges)must have ADDITIONAL INSURED provisions or be endorsed. it SUBROGATION 18 WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. statement on this certificate does not confer rights t the cerfifficale holder In limens of such ando ermme s. PRODUCER DE67755 0I CT Annie Insurance, of Armmedca,Inc. PHONE acoa Town Center Inc.No, : 1) 66 26059 � ): 1 776-0670 1200 Unive i Mae d,Suite 200 ra oa sa.c rmm Jupiter,FL 3 INSURERUN AFFORDING c WERAGE NAIC d INSURER A:The nov rin urn qtCom Rn 22292 INSURED INSURER 13:Almderlca Financial Benefit Insurance gopfipny 41840 Avirom&Associates,Inc. INSURER C:Trans n Insurance Corn any_20494 50 SW Ave INSURER s:AXIS Insurance Cortin a __ 37273 Boca Raton,FL 33432 INSURER E IN URER E COVERAAEA CERTIFIGATE NU RFVIAMN NUMBIE'e- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, OR CONDITION OF ANY CONTRACTOR 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. LIPOF INSURANCE ADDL SU ASE POLICYPOLICY P LIMITS POLICY He 000 E GENE LIABILITY EACH OCCURRENCE �: ' DA ¢;E TO RENTED 100,000 C ADE OCCUR 65672301 011 019 112020 � n ) inti rine reran 1 da00 NED EXP 8E PERSONAL&A INJURY 1,060,606 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE 2'060,006 POLICY JPCOT 0 LOC PRODUCTS-COMPIOPAGO 2.000:000 OTHER: CCmIum61NEC1 SINGLE LIMIT 1,OOpOO AUTOMOBILEm X ANY AUTO AWJDGG672701 811=19 81112020 BODILY INJURY a n) NUTOS A- ONLY SCHEDULED sC3DILY INJURE Perdue TY 0ON N Pyr_.ER of N s OCCUR EACH OCCURRENCE 5,000$0110 c a CLalmns-MADE HJ 72401 81112019 7 020 AGGREGATE Y1 5 0608000 CtE13 RETENTION$ � T ETH pp Esq YIN 470 21212020 027 n NT 0 , ANY OPREFORI NERC ECUTIVE E.L.EACH ACCIDE OFFICE In EXCLUDED? N r ANed E.L.DISEASE-EA EN9PL�b1`E � Om006 �E PTI b t3F�rPE TIONS Ea�alawd E.L.DISEASE- U LIMIT 500,000 ProfLiability AEA000052-05-2019 7 019 112020 Eer Claim 3, 0 ,000 ProfLiability -05-2010 611 16 81112020 Aggregate 3,000,000 DESORPTION NS r LOCATIONS!VEHICLES (ACOND 111,Ackfidonel Remarka schedule,rn be wiftchad s mwe qxwe Is m4ulffld) City of Boynton Beach Is named additional Insured adth regards to General Liabilly Insurance as per endorsement 421-2015 as required by wTKtwn con CERTIFICATE-HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE INITH THE POLICY PROVISIONS. City of Boynton Beach UTHaDED REPPMMTATNE 3301 Quantum Blvd aura 101 ° Zr I ACORD 2 (241 03) 0 1988-2015 ACORD CORPORATION. AIl rights reserved. The ACORD name and logo are registered Page 318 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. : 200823 YTON BEACH, FLORIDA 33425-0310 DATE: 02/05/20 VENDOR 10458 IP TO® TO: MADSEN/BARR CORPORATION City of Boynton Beach 12113 INDIAN MOUND RD EAST 'UTILITY ADMIN WELLINGTON, 33449 124 E. WOOL RIGHT ROAD BOYNTON BEACH, FL 33435 REQUISRION NO. 7.5644 ORDERW DEPA TM NT: IL/ B.MINGO/ MDC � � "� ELATE NEEDED: � CONTRACT NO. COM IS= APPROVED: � ;¢ EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 SFT ITEM GC-4- NON-EMERGENCY 400 . 0000 400. 00 MOBILIZATION 2 1. 00 SFT ITEM # GC-5.- REC0R�3>T} W-jNG 675 . 0000 675 . 00 1. 00 SFT ITEM GC PRE-.b IN �> POS7- 415 .0000 415. 00 DIGIx ;PHOTOS:: . 4 2 . 00 EA IT Gc=Io- M-01.r. DOT"PO1,125 . 0000 2250 . 00 5 10 . 00 EA T'P #; GC 12- DENSITY TESTS 18. 0000 180 . 00 6 2 . 00 EA ITEl'+'f GC-13- PROCTOR TESTS: 7 5 0 0 0 0 150 . 00 7 1 . 00 11 C--17 PERMITS (PBC) 150 . 00 B 8 . 00 LFT °R-12 DIP GTATER MAIN $5,04.00 680 . 00 0 .R-o-w 65 . 00 LFTITE � wt : 138 DIP WATE 95 0:0:0 0 6175. 00 :C ' R"O- 0:' HR. q915-60 Item WTR-22 Additional Crw .Hours 5. cut; $0. 0 0::. 10 .20 E .:. ITEM # R 23":`DTP FITTINGS FOR 7975. 0:000 1595. 00 WATER IN. 11 4 . 00 EA ITEM #: 25 6 . DIP MEGAZUG 52..0000 208. 00 12 12 . 00 EA I #: P,.#. 26 8 D:IP;MEG UG ..:.. .. 7.5 .0000 900. 00 13 6. 00 EA REST 3SKE DIP di�T 143 . 0000 858. 00 14 1. 00 EA ITEM BOX AND 1225 .0000 1225. 00 5 1. 00 EA ITEM # R-54- 8 GATE VALVE AND 2250 . 0000 2250. 00 BOX PROCUREMENT SER'JICES, P.O. TOTAL; ACCOUNT NO. PROJECT 404-5016-533.65-01 WT1702 PURCHASING Page 320 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200823 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/05/20 VENDOR 10458 SHIP TO: TO: MADSEN/BARR CORPORATION City of Boynton Beach 12113 INDIAN MOUND RD EAST UTILITY ADMIN WELLINGTON, FL 33449 124 E. TOO LBRIGHT ROAD BOYNTON BEACH, FL 33435 756447 ORDERING DEPARTMENT: UTIL/ BMINGO/ MDC REQUISITION NO. . - DATE NEEDED: CONTRACT NO, OO rti ON APPROVED: 019282119 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 16 . 50 EA ITEM # WTR-81- FIRE HYDRANT 7350. 0000 3675. 00 ASSEMBLY 17 2. 00 EA ITEM # WTR-86-: BOALARDS �.P.ORPH 280 . 0000 560. 00 18 1. 00 EA ITEM .# WT.R 91.-SHORT S:INGLE. 2125 .0000 2125. 00 SERVICE & X 2: CONNECT 19 1. 00 EA ITEM' #.WTR�-96- 8-.INCH CONNEC.TI ON 39.30 . 0000 3930.00 TO ISTING WM.. 20 48. 00 SFT - ITEM - R- REMOVE AND-DISPOSE-OF : 19,7500 948. 00 CON TE ms 21 48 .00 SFT. XTEW # :3.- FURNISH AND: .:INSTALL .2k17500 1524 . 00 6.:- .SIDEWALK 0. LF $141.7 R-8-FDOT.- Curb . Gutte:�.r $0 0 22 360 . 00 LFT:: ITEM R--.13.-SOD Ri'PLACEMENT :.: :4 .::j5:00 1494 . 00 23 10- 00 SD ITEM R-17- REMOVE AND DISPOSE 2;2 . 000 220. 00 OF: ASPHALT O .SY.�94.00 Item: # R-18- Mill ' '. eNisting (P13C). :$G.. 0 0 24 10. 00 SYa. ImM.: #R.7.23- ASPHALT RESTORATION 1,10. 0000 1700 . 00 TYPE�:FC=9 5 (PBC ..:61:.sy 08.5.ab item 4 ::R-22-: .Over lay �(P.13C).;.A.�o-w $0 ; 00 w: 25 30 . 00 SYD ltEk-:- . -8:7- LIME ROCK RAS E 53 . 0000 1590. 00 PRI ... 00 26 10 . 00 SYD ITEM.: R 2..9'g.:.- 12 dbMPACTEO: 9 23 . 0000 230 . 00 SUBGRADE : "' 27 12 . 00 LFT ITEM # STM-'68- REPLACE 12 HDPE 85.0000 1020.00 DRAINAGE PIPE 0/6 PROCUREMENT SERVICES: "TMP.O. To,rAL- 37127. 00 ACCOUNT NO. PROJECT 404-5016-533 .65-01 WT1702 PURCHASING Page 322 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200823 Y TON BEACH, FLORIDA 33425-0310 DATE: 02/05/20 VENDOR 10458 SHIP TO: 'TO: MADSEN/BARR CORPORATION City of Boynton Bead. 12113 INDIAN MOUND RD EAST UTILITY ADMIN WELLINGTON, FL 33449 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 75644 ORDERING DEPARTMENT: UTIL/ B.MI GO/ MDC Im DATE NEEDED: � CO CT NO. CP1SSION PPROVED: 019282119 DED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST REMARKS: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, ]BID' # .'.:03,9. 2821--19/IT, BID TERM MAY 2019- MAY,.7, 2 021 F'OR RY PA >VI,LLAGE (LAWRENCE ROAD).. EWJIE SE —-------- a..—_________.. —..._ ACCOUNT NO. PROJECT 404-5016-533.65-0 WT1702 PURCHASING Page 324 of 1023 N N ct cq H OM H cq 2 , PO 0 0 0 0 0 0 0 0 a 0 0 0 B o 9 9 9 9 9 9 o 9 0 0 C, 0 0 Ln o m 0 m v 4 0 0 C; C; C; r- �r- W N m �r " m N C3 m m N C14 w Ln i m cm Ln v N r, m rq o 1-4 04 0 > H Cr; 0 a 0 0 C3 C3 0 CD � 0 0 F4 z 0 0 0 0 0 0 0 0 0 0 0 0 ri m 0 C3 H W 0 c; C; C; o C; C; C; C� o o p 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 u 9 Q� 46N I 1 d d 0 0 0 0 0 0 0 0 0 0 D4 0 I I H H H H H H H H 1-4 H H I-q r-I .,q -H H -,I -H -,I -H 04 im HES H E-� z > > > > > > > > IL HUI P 54 54 5-r 54 54 S4 54 S4 P F4 Ln 54 54 P P 54 P $4 W 5-t M 54 54 W r- Y 1 1 0 rd 0 0 0 0 0 0 cd (d (d rd � 0 co pq I I E, N P4 N M 114 N (11 04 04 P4 N PA M t� t� t� t� t� t� t� t� t� OL U u 0 0 u 0 0 u U u u 0 z M Ln F, 4J 4J 4-J .0 � as JJ 4J 43 � V 43 CI + X 1 10 C OZey 0 3 rL- 1 r 0 H.0 H ZJ H 4J rq.0,-i 4J rA 43,4 4J,=4-Uq 4J,=q�H Vi 0 Di 0 :pm Z wl HH p CD p 0 0 p 0 p 0 H::)p p p M p PaM Z Z W mmm �C �C �I �c 94 TA 94 U3 0 1 1 KA pj E-4 H H N l< M 04 z z M U) E-4 1 10 H 0 m u z 0 H MIS : : IJ p >4 D4 m P4 m m W m W W m m m m m m m H low W W W m m m m W W W W W u m Ix wl m m P4 r4 C4 0 0 0 0 0 0 0 0 0 0 0 0 01 14 9 9 114 z m m m 1-4 C4 1-4 P4 m W dd13 04 M N 04 N 04 04 P4 P4 M P4 N CK 4.)(d z z z z z z z z z H H H H H H H H H ri O W d) H E-4 Fu E-4 p 1-4 p Hp p tp 04 ZO 0 I 1 u u u u 0 u u u u u u u 9 m m N W P4 W 04 P4 H r r H P HP HP H P HPHP HP HP HP HH H H H P 0 1 Hg P§PO I-Ig Hol-I 0 POP 0 P 0 PO P§Pg r is �4 cq(d c10 E=t 94r r 0 0 0 0 0 C1 0 o CD n 0 0 "44 I I Ln Ln Ln Ln Ln Lo Ln Ln Ln Ln Ln to 0. 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HV H 4J H 4-)H 4.)H 4J H 4J r-I V 0 0 m 0 0 0 g P P P�3 E-4 P 0 E-4 P ID P 0H P Fj 0 P P P:0 p E-4 IFI, H 0 0 cq �n P H W B0 m 0 �3 0 W 0 P to 0 OD 4 P< 9 : M P,4 04 w N 04 M M m rx ni M M m M M M a a M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q P M M 04 9 m P� M 1:4 M M M M M 04 M wE'l w Z H P W I P4 124 JC� P4 M P4 fla N M P4 P4 D4 04 P4 PI F q 2 9 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 1 01 H H H H H H H H H H H H H H H m 14 PA H m OMM m M PN E4 E-1 1-4 PH P P P E-4 P $4 R Z 04 m m m w m m w 0 m m m m &8H w ta H Q Es H I ZO 8 6 Z Z Z 8 6 8 8 6 8 6 9 69 "A u u u u u Ou Ou 8 u 8 8 u 8 u u 0I r94 OMMMMW E4 2H pQH NH H H MHz PPE .4PX UUN m PUN u P g P P M P m r- Uul En u M ca 0 E-,>4 Z 1-4:�" 4p>l Mmm Omm 1.4mm Z u Z pa Z NOW. 0 M mom E=qUw M U W 0 0 0 0 0 n 0 a 0 0 0 C 0 0 0 LO LO M m m m m m M Ln Ln Ln m m m w w ko w w w w w w w w w w �D w 049 .M m m m m Z I I ILD m cQ 0 Z I co - (7, 1 1 m m m m m Ln LO m m 0 m m m H Ol N�Hp N>4Q E>4p Pw w w w w w w w w w w w w w w Z H H I I E40 ' PO N E-1 1 Ki 1-4 �q H H H H li H H H 1-4 -1 H H 0 p MHz MHz MH E a 0 0 0 0 0 a n 0 a 0 0 p 0 0 H P4 I I d Ln Ln Ln Ln m m m m m m Ln Ln m m Ea 0 H *R8 4�00 4#00 uv IV 144 q° �v �p v q -0 da " v I�v• I;v '4' V H 94 a 0 0 0 0 a a 0 0 0 0 a 0 0 0 m ZE, zl' v 2 , ZU WH mop H 0 EQ m P W HUM E-1 u m pum M 1 H H H Ln W %r Ln %D 00 Ch 0 H N rq V LO M cq ,4 -1 H H r 4 Page 328 of 1023 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1%000 Date: 29-Jan-20 Requesting t: Utilties Contact Person: Brandon Mingo Explanation Repairs r oy Services for Water Distribution, 019-1 /1T9 Bid term - ® 2021 for Parry Villager . r rr r tie FD-ollarAmountof Purchase $37,127.00 Source for Purchase (check and attach backup r Three Written Quotations GSA State Contract I -1 OT SNAPS Sole cur 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 PPurchase: 404-5016-533-65-01 - Project#WT 1702 Approvals: Department e .. r ' ate tar i t 11`1»F. t - 1 Asst City Manager Date Cl Man er o 1/02 Page 330 of 1023 0 6 1 N 1i km f Ej E=4 �q 0 M 14 q P N2: M p 0 0 0 0 0 0 0 U W 0 N ra I C) 0 0 0 0 0 0 0 0 0 W H WO J C) C) I- EI E-'U I o Ln Ln 0 C; C; f17 0dl; 14 C) H Ln Go Ln Ln 03 Ydb 9 rM 0 In N M 0 0 NEI HIM 0 0 0 0 0' 0 0 v IS 01 f 0 0 0 0 0 0 0 0 0 0 W :> M 0 0 0 0 LO CD r, ; CU ¢s9 u9 0 In M 0 H C4 CLn LO L- ED H 0 H 01 00 Ln Fo P P P P 9 0 & ryl a N 4 < W A 0 W W 0 op 0 CD 0 0 0 0 0 0 0 H 94 W 0 H N C) 0 H P4 M M mvz U 0 A M0 IX M Z O 4 U 0 0 A A Q Q Q n 0 IN 0 M No M 0 1 0 M W K�W W CA W M M 9 M P M M W IN W W HW Aim N M Z W6x3 rs7 C<7 H w HoAm mom m Am 10 low Noy ; qZ Z Matz ZoZ HWH OH way gwy sy to ON own 0, M q %, H q om OH OOH QW 0 SO OZO 0Z9 Sh mZ0 moso —to szo M , Nov SO woo>4 9 MID to NO to FIN PO uo MMN § X60 0 to go 0 F1 I H , HH - H , H - MH - W H N MH - PH PCq H , HH H I WH H H I pz WE-1Z s PM p wE mEIX mom sox 4 P MUM 4um cum oum i 40 PE pot MHz XPX B-6 1POW sum —ON MUM Mm LI M PUN Moo um top MOP Zoo QQP op p SEI P No How SEI SYeOP E® I mom Pow mom sm Now 0 mom mom pow Am Am Now AAW How opy FIN Now Pw BPS OPY ups How H by P>4 How I omm Mmm Now Hmm Hmm QP�H Eq FI Hmm Qmm Qu Mm Nmm Qmm mrij WZ to PZ .5 WZ UZ ZZ Z HZ Hi 006 ' ON 005 Zoo OOK mom 8 ON Pot p X, Wum UUM mum ;ON MUM sum mum WUN MID um UM ELI= ON 0 m MA p Am0.4 Am EAM v P I P p I E=1 a04 ONN IN s PHOM MM 19 =4 1 04 M O A W RNIN" I INM IN H - - " - - jgQ, H Op ' so VWQ Iwo INIM Iwo Is I 14, asp own own Z H H , VE-40 U 0 ONO UPO UPO UE-40 UPO E--Ipo sm BID Poo Hoo Poo 0 Q : ' HE OHE OHJ OHE OHM OHM OH MH MHVHX IH MHE MHz A UQX M 0 QX ME ME 0 0 MIME 0 P 0 H coo '08 woo I I F m P E Q v 0 U00 '08 100 UOO K.U0 woo woo woo V1 u go EU FU X E 1, do a'' H 0 m : moo No NOR M R S W2 EMON NOR NOT 2WHOR IAOR M N WH Eq Al P sum HUM UN PUM P 8M sum HUM plum E-4 Um PUM P P I H H H H H um Q P m m a, HOA H H H P4 1-4 W Ro v Ln tD Pco H Sit Page 332 of 1023 Co L8° cq rq m cla b EA 0 r4 M N > H 0 Z P Z A " M0 nP C) 0 C3 0 0 0 0 0 0 0 W 0 ZM 1 0 0 0 0 C) 0 C> 0 F-9 EAU 1: FA7 C; C� C; Ln Ln W v N m N m C14 Ln H m Ln qt 0 m H H N 0 E-P 0 0 0 HM1 C) C) HC C) 0 0 0 CD0 0 0 LO Ln LO U) m mu 0 C) C) 0 r, r- LO ox -1 0 0 M Z L� C; C; C; r'9C; NLr) Ln CD rn r-i (n cq 0 m M 0 OD P4 Ln M r-I:9 v 0 r,-4 FX4 >4 >4 Z 40 M W on C3 CD 0 H C� C! H cli U3 �m H m PH m 1�4 M M PQ 1 0 C) rq W H L) Co m p 0 M C; u P m 0 r 0Llmxer r 9 9 : u 124 M X M Z x a) LO v H .0 N W tl m I I 0 u E) 0 Pj tn N4 ZQ H�um n p Z M SSW W DPW WCDW N CSWCSW03 OM G7 —1VW [AM V4 H P 0 P 0 P Fl E4 H m 0 H U [d E4 4)E-4 04 D4 P 9M I M 1 91 114 W4 �4—< 1 u I P1 FI po u0 H Em �4 HW �4 M 0 14 W H M W M P�rn W �>Ww omm 90mm W Wp4m P4 M IMX A Z ro rZI M M Z W 9 W, Ix C�m H 0 F-i ta H F4 La H N tS 1 WWH H Z W Z 00 'teaZ m Z Sri �4 PLNH M48H &UH Q H OlLaH H k ej H 0 NH PO >1 W;4 Z �14 W.rl A HH . 0 00 090 go WO Zno mg H 986 PI I �0 1H - D4H 14H AH H OpZ >E-4 X p Z P X 0 E_l X 0,_4 X HH - HP4H Q H 0 H nPX m Pr Z iPX P 1 E�X F3 ci M Um UW I um M U M :4 UM u u W UM QMUM WOW MCOUN V)Cq U T4 H r)Eq MPH W PI H 2 F-) m B u�:)P P WN�:)H P � 04 9 m pa� P P� m fxNm m C4 C4 ul C4 M m r4 M Iwo W I �xm H H�H P�H = W Zmm N H H�14 09 P>4 H�H UPDH E-0>4 P>q IPS4 P4 EA>4 W P>1 P w no9m w WfliM W M 4mm mm Wo "mm Pmm Mm mal mM W Z Z �4 Pi Z �4z IX�?4 I-A 6M NZ M Z MZ > Z C9 u 0 rx 0 P4 0 N H 0 Pd OOX 00IX >OIX H EOPI Mopl 0 oix 004 M LO ri r4 00 u M MUM mum mum WON OuW ZTum u m ZEUN ri M FAE H < m E, Dc m 9 DC �c t D2 Fl F4 0 F4 9X 4J a]ji 0m)N v 04 HN9 �c M if WP49 14 N W 04 ix 04 N 04 M ra N.19 Haig H 04 24C cq cn Ln co m m pq 0Ln r- .. .. (q .. - >1 -i>1 .>40 'I>4 Q E-q H i PI H H 0 PPO PHO Ppo HPO PHO PHO I po HPO I Ho -P0 N -E-0 0 MHz 9HH H Z MMMHHz H g M �tX �XH SIH H Z 9gvHz IMH D, I PE Q r4 QE nE QX 0 2i: nX QE H Q:E ME mpg MWQE P 0 H 1 *00 tmoo 4too 4070 u 0 =woo U00 =W 0 e*m-o *VO8 4tollo 0 n4j)-o 0 H XEU U u u Ru U u u a 0 ZE El x I ER lie 10412 EN EAU lu H 0 ml W MOR M02 mop AN Z F- Z:, "'OR H 14 E-4 U M E-4 U M PUW EjUM P8M [M4 OU�rD4 PEq 8 W HUM pOOM MOM WMBe W M cs q I -j U E-0 rJ E� rA 1-4 U rj) ril N I H H H H H H H HO I-A HO Ho fy, H m 9 Lnda N 03 10 N N Page 334 of 1023 REQUEST FOR REQUISMON H.T.E.ENTRY DATE: 112912020 H.TX..REQUISITION N 7564 Clerk: MDC ProcurementAsst: #� N3r: � wR Manager(nobydgeted i r$500*): ): REASON FOR PURCHASE. Repairs mer ency Services for Water Distribution, BID#019-2821- 191IT, Bid terra May 6, 2019-May 7, 2021 for Parry VillageLawrence RoadVENDOR . ` rPhonINFORMATION: DIVISION: INFORMATION. N Name:ND me Ma E INFO Madsen/Barr oration ( } Date: "112 /2020 ASA e : 12113 Indian ound oadJAdmin, ineering { ) a de . 2112/2020Confirm. ) Wellington, PL 33449 ult. el. f ) ASS onf. ) Distribution ( DELIVERY: SUBMITTED: (contach: 561-753-6363 Water ual. } uote erbal ( Admin. 0 (X) over 00 Pumping QuoteaWriften 1 over $2000 Vendor Number 10458 PWTreat Bid Does. ) W.VVTP 4-2 Meter Sere. Sole Source Ltr. P/U 99 1 n Mingo-Water Sewage ( } Insurance ( Special Instruions: Distribution, i e ui et : Strrn wtr. } Project Number 1702 uan. Unit Description &Part Number Pond Basle ler Amount 1 L 00.00 Item on® r nc obili tion 16 533 5 01 $400,00 L 75.00 Item cord Drawing 404 5016 533 65 1 $675.00 1 LS 15.00 Item#GC-7- Pre—During— Post Digital 404 5016 633 65 01 $4115,00 Photos 2 Ea. $1,125.06— Item#GC-10tlM.O.T. DOT Roadway 4 __5_016 533 65 01 $2,250.00 10 Est 16.00 Item#GC-12-Density Tests 404 5016 533 65 1 1 0.00 2 Est 75.00 Item ®13-Proctor Teats W-4— 5016 533 601 $150.00 1 $150,00 Item#GC-17-Permits (PBC) --ZO-4 5016 533 __65 01 150.00 Page 336 of 1023 6fLF $65.00 Item -1 - IFS Water i Ira 1 - - 5016 533 65 1 660.00 65 $95.00 Item -1 -6" I Water Main in R-0- 5016 533 65 i 6,175.00 W U $915.00 Ie - -Additional Crete Hour's> 5016 533 1 $0,00 Cut 10 TN $7,975.00 Item#WTR- -DIP Fi in s for Water 404 -�-0-16 533 65 -01 $1,59&00 Main 2.00 Ie - 5- I al -404 501 533 01 $206.00 12 Ea. 75.00 Item#WTR#26- 't DIP M egalug 5016 533 5 01 $900.00 6 Ea. $143.00 It -39-8" DIP Joint Restraint 4 50;6 [53 65 01 353.00 asket 1 a. 1,225.00 Ite - at Valve an o 404 503 65 01 $1,225,.00 1 Ea. $2,250.00 Iteral - -6" Gate Valve and o -404 5016533 65 01 $2,250.00 7p3 0.00 I to i#WTR-81-Fire Hydrant Assembly09 533 65 01 3, 75.00 2 E& 2 0.00 Item#WTR-86-Bollards for FH --4-04 5016 533 �65 01 $560.00 1 $2,125,00 Item - 1- ort single service 6" 2" 404 5016 533 65 01 $2,125.00 connection 1 Ea. $3,93U0 Item#WTR-96- -inch Connection to 40 016 533 65 01 = $3,930.00 Existing 4 1 .75 Iters#R-1-Remove and dispose of 404 5016 533 65 01 .00 concrete 4 31.75 It -3-Furnish n Install " Sid Ik 404 5016533 65 01 $1,524.00 0 141.75 It T Curb andGutter 404 5016 533 65 01 $0.00 3 0 $4,15 #R-13-Sodreplacement 4 016 533 65 01 1,494.00 L 10 2.00 Iters#R-17-Remove and dispose of 404 5016 533 65 01 $220.00 asphalt 4.00 Item#R-18-Mill existing ( ) 4 5096 533 65 09 0.00 10 170.00 Item -23-Asphalt restoration Type F - 404 5016 533 65 01 $1,700.00 9.5 (PBC) 0 SV---i8-5.00 It R-22-Overlay(PBC) 1 3 65 01 $0.00 30 3.00 Item -Lime rock base, primed 404 5016 01 $1,590.00 1 $23.00 Item R-29- 920 Compacted Subgrade, 404 5016 533 5 01 30.00 6%T-160 12 L 5,00 Item T la 12" HDPE 5016 33 65 01 X1,020.00 Drainage Pipe 006' 4014 5016 53 65 i $37,127.00 Page 338 of 1023 (OM 4VwS)OMM WOOM 'Awwn '1 Le eMnS ff(Lpt)L peoW MMS -S OOM YPON)6VM'GPWW 'uWwjjjOmpvOH proM usipul Ct pg IZOU -,EF-5 -910s 401, 00'UE6'E 00'0E6'E V3 T VYM SuPsIX3 01 UOIIOOUUO:) H:)NI-9 96-VIM SZT'ZOO'Szr'z 'V3 1 UORMUM) Z x'S amfues aIRUIS U04S WHIM 00,09S 00'08Z V3 z HJ JO I spielloo q%.Sc-ul.M 00'9/-9'E 0010SE11- 3 S' AlqwassV jupAH 9JIJ IS-Um 00'OSZ"Z $ 00'OSZ'Z 5 V3 I XOG PUe RAJeA ajeE)dd q vs-VIM OO'SZZ'T S OO'SZZ,t S V3 1 XOG PUe aAjeA neg.9 ES-Um OO'SSB $ OOTVT V3 9 jags eE)juiegsald lu'Of dia 8 6E-M-LM 00'006 $ 00'st V3 ZI OnIeSaA dia s 9Z-NJLM 00'80Z 00'ZS V3 V SnlegaVY dICI .9 SZ-HIM 00'96S'T OO'SL6'L XL OZ' NIVYV H31VM Jai sSuM!d dICI Ez-ulm OD'O $ OO'ST6 'UH 0 in3,S<sinoH maj:)jeuollippv ZZ-HIM OO'SLT'9 S 00*56 Al S9 M-0-11 Ul ul evy J a4em d.10 ®a FT-111M 00,089 $ OO'S8 $ Al 8 M-0-H U!UENVY MeM dIO .9 ZI-111M 0010ST 5 MOST S 'iS3 I b8d)sl!wJBd LT-39 MOST $ 00-SL S IS z sisal J013OJd ET® 00,081 00,01 $ 'iS3 OT sisal AilsC] zl-:)!D 00'OSZ'Z 00'SZT'I S V3 z AempeoU 10(] *I,O,Vy - ST OO'STt' $ S1 I 50104d MAO IsOd-Supn(I-DJd OO'SL9 OO'SL9 S S1 I Oulmeja pJ03a)j 00.00V 00.00t, $ S1 I uopeqjuaSJawg-NON IV101 TAW iINn ANn A-UiNvnt) NOIld1IDS30 7311 :IlViSNI Pue HSINun:j aSMUSAS Amun mum uvwols pue N011331103 U31VM31SVM 'Nounswisia uaLvm JO;SDIAWS A:)N3!)H3Vy3 PuR SVIVd3U,, 11/67-TZBZ-610#n3roud"H:)V38 NOINA09 jo AJL13 :13VUINO3 9NIGN3d :U39uvnN'O'd ( VON 3:)N3UM%9)3MIIA AUHVd :NOIIV301 (M-0-U)UVOU 33N3U3M%q:)Sd NOIiVHO1S3u Pue INVUUAH 3UH 'NI-311'NIVW V3jLVM H:)NI-8 H:)V39 NOINAOG 10 A.L13 :nuons HOSIAH3dns"ODNIW NOCINV*dg'UW :33 U39VNVW SNOIiV)J3dO'NOSNHOr 3Nivw3HI,uvy :NOLLN3JAY SOICE Va IHOIJ 'H3V38 NOINAOS GVOW iNSING100M ISV3 OU IN3WiUVd3CI Sminun H3V38 NOINAOS 10 AM:) :01 cnos 6L6T:v39wnN NOIIVUOdUO:)HVVG/N35CIVW ZZ-66-GT :v3gwnN 3310ANI ozoz'Lz AvvnNvr :31VCI 3310ANI WCO'Imqu9WvwOmvqu4d'11'GuJ-3 ZKO-ML(199):xvd-WW-ML(L99):40M U4ed-OUL-60(",5)'PJVAWJR 96BUlWa e A49M JOAASS a SJOIDWWOO BUIJOWIBUB MOUVVIOdVO3 NOVO/ M3SUWW Page 340 of 1023 (*cW qpmS)CaM WpoW liewmin I�tC eVnS I(Itt)I peoN %WS*S 009C (80WO WON)6VM'WOU 'uOABPM'PwW PjwW LMPul et LZL 9NIGNU HasymNIS30HO 3smv3vnd(*lP 'G3H:)VliV SOIOHd(*E ® IVNH mmuma s3immm)IVNW('Z 'U3anl:)NI ION S333 JO/Pue SIMMU('I :s3ION UNO v3swnN MVHG)NOIIVHOdVO:)WHYS/N3SaVW 3na ivioi, 00,001 $ 00'ss s Al zi gio adid 82eu[BJCI UCHraZj a3ejda� 89-Vyis 00'OEZ s 00'EZ s AS 01 OsT-i%8G'apej8qnS pa4:)edwo:).,zj R-11 00'06S'l 5 WES S AS OE pawijd'aseq laoi it BZ-'d 00,0 00'se AS 0 M-0-M (39d) AelJaAo ZZ-kl 00'00/-'T 00'0/-1 AS 01 (Di3d) S'6-:)J adAl uoquolsai I1e4dsV EZ-V 00,0 00T6 s AS 0 bild)Bullslxa ll!VY 91-H DO'OZZ 00,zz s AS OT lIse jo asodsip PUe 8AOUJ8H 11-H 003,6VI SVV S AS 09E juawanidej poS ET- ' L 'TVT Al 0 jaling pue qjn:).Loaj 9-'d oo-t,zs,l scu ds RV Njemap!S,,q llelsul pue qsiujnA E-v 00'9176 SL'61 AS st ajanuw jo asodsip PU e 8AOWBH T-H NOIIV'UOIS3H :OMI 39Vd woomaquespewe-usquam:11'aw-3 4 NOW*llmlvd-CLU,80(M) PJ*mwg 9K -Mi 499NG.4 E98M (1, L 99)- OftUIBJ(3 a JGWM a JOMOS e W010LIJIU00 BUIJGGUIDU3-M ) -M, .. 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THISCERTIFICATE OF INSURANCE T CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE PRODUCER AND THE CER'FIFICATE HOLDER. IMPORTANT: I the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ITI NAL INSURED vi ions or be endorsed. If SUBSCOATION 15 WAIVED,subject and conditions of the policy,certain policbs may require an Endorsement ent o this cortifieNe does not confer rights the cortIffeals holder In Ileo of such ondoral ran w PRODUCER 561-745-8394 CT .Johnson l rice PHONE U561-745-8871 00 .Cypress Dflys,Sufte 24 WIC,No,Extr Nola Te u ,FL e C O n n.co Donald L Brady INSURE. S AFFORDING COVERAGE NAC aNSU A. Insurance Co 1 8988 1112ngton, INSURERS:F Mutual Insurance385 n a ° INSURER C.Lloyds London 112 Corp n i ound Rd FL 33449 INSU R D: INSURER E INSURER F: COMON CERTIFIC T THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTNTHSTANDING ANY REQUIREMENT, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VATH RESPECT TO WHICH THIS CERTIFICATE Y 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. INSR OF INSURANCE UUL PO Y NUMBER POL LIP U172 COMMERCIALI[TR TYPE GENERAL LIABILITY EACH OCCURRENCE $ 1,160,000 CLMMS-MADE OCCUR 21101 101IN019 10/18f2020 �TO�RENTED 310,000 C oll "on ENP000377101 1L111 01 1011 12020 HIE® P An cne ersa� $ 10,100 wERSO &ADV INJURY $ 19006,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ...$ ,000,100 POLICY pE L PRODUCTS-COMPIDPA ®0000000 OTHER: Pollution S 2,000,000 IL3 MBINEC�5INGLELIMIT ; 1®001,000 ANY AUTO 505101 01 1011 Sf2010 1 2020 BODILY INJURY Per OMED ALIT ONLY AUTOSULEC BODILY INJURY gggelift_1_ g ONLY RN P . R �k MACE Pa onal I 'ury 10,000 UMBRELLA �OCOUR EACH cccuRRENCE 2,000,000 EKCEW a DE 5051 1 1011 019 1611 12026 AGGREGATE 2,000,161 U I X I RETENTION$ 10,000 worsums U IB EOI NPEFt,r URTH- ANY NDS YE ARTHE GUTIv£ YIN NIA 190562079 1011&120191011 2020 E.L..EACH IDENIT 1,000,000 C cLUEEc� 1,000,006 ( E.L.DISEASE-EAEMPLti rt tl ee der 1000,000® RI I OF t)PE TINS hal E.! 01E-POLICY LIMITLIM Equipment Floater 10957 1011 019''°I OM 812020#Kubota 00,000 OBSCHIPTION OF OPERAnONS f LOCATIONS I VEHICLES(Acaso 101,Adaffumd Rernarks Schedule,my be aftachadIs Maid) Certificate ! r Is I!sted as additional Insured as their Interests a ear a General Liability 0 requiredywritten contract au ofto policy terms,conditions,limitations and exclusions llo law. CERTIFICATE IND ER CANCELLATION CITYBOI SHOULD MY OF THE MOVE DESCRIBE®POLICIES DE CANCELLED BEFORE E EXPIRATION DATE THEREOF, NOTICE BULL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City nton Beach 124 E Woolbright Road Lynton Beach, L33436 AUTHORIZED C (201 3) 0 1986-2016 C CORPORATION. All rights a ed. The ACORD name and logo are registered arACORD Page 348 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200829 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/05/20 VENDOR 17528 SHIP TO: TO: ENVISIO SOLUTIONS INC City of Boynton Beach 250-13777 COMMERCE PKWY 3301 QUANTUM BLVD RICHMOND, BC VGV2X3 SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. 755IG ORDERING DEPARTMENT: JOHN D/ ECO DEV DATE NEEDED- - CONTRACT NO. —TCOMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 DL ENVISIO CORE STRATEGY MODULE WITH 14310 . 0000 14310 . 00 PUBLIC DASHBOARD 3-YEAR SU13SCRIPTION FOR 30 USERS. INCLUDES SOFTWARE LICENSING, FULL PLATFORM MANAGEMENTD SUPPORT, QUOTED.:PRICE:: IS. AN:ANNUAL FEE` C014TRACT DISCOUNT: APPLIED: 9 MARKS, STRATEGIC PLANNING SOFTWARE SUBSCRIPTION DATE: �QUOTR #130923 . . . . . . . . . . . . sx- ... --------------- 77t777-—---—---------------------- - ------------------- =P.;� TOTAL: 14 3 1.0. 0 D PROCUREMENT SEWCES: —------------ L ....................-------------------------- -- -------- -------- ....... ... ACCOUNT NO. PROJECT 001-2419-559.64-14 ........... .................... PURCHASING Page 350 of 1023 Q, ,a n. S ca Ca �v yy i wilt i i o �+-s Pft'+tn 3,J I I 4 + 5q r I 1 I l � I c1i 33 2 �k4 1 1 1;i C I R I 1 I a=� 1 1 I 1 � I 1 I 1 >F, 2 I ®® EdY I f+9 d*5 I G7 "y;m 1 vi r-1 1 6-S 1 1 I I 0 Hygi Ln 1A v� 1 , 0 L 1 D, Q e 1 y++d 0�M H 1 11 I qMi C7 1 1 i - ' #y I cc FTe° FPa CG I „� P, I,y En M 1 8CA I 1 F-0 pq _yry 1 �P' F-0 I Ede II ID � k 114 A I.M 1 Ol v+" mni£f I � � 1 1 y-1 ear W i Ud 0 v� Pi 9 pq a � H p2 N 0 H M F.4W w 1 ,. �9 NYA h 6E ct N le U 1 88 M w ai 0 1 b, ON , 08 � 0 � 1�ca I 1 I I Page 352 of 1023 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10P000 Date: 2/4/2020 Requesting t: Economic Dev Contact Person: John Durgan Exjplanati�n-- r Purchase: Annual renewal ( r" ) of Strategic planning softwarethat helps facilitatevisual organization on our strategic plan and allowstrack r enhance un iliy, and provide mechanismfor futurr n measurement. Recommended Vendor Envisio SolutionsInc. ar Amount of Purchase 1 , 1 .0 S&u-rce for Purchase (check and attach backup materials): Three Written Quotations GSA State cnt ctPRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal fbr purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2419-559-49-17 Department a _ rDate i rpt Date �..,� Asst City n r t City n r Datef Form Revised 0701/02 Page 354 of 1023 }�Stl Al ; E N V I S 0•13 77CGrnmerce Parkway,Richmond,BCV6V2X3 can da Bill To Name City of Boynton peach,EL Quote Number 1700230 Bill To City Hall:3309 Quantum Blvd.,Suite 101, Created Date 11/0212019 Boynton Beach Expiration Date 26/02/2019 Boynton Beach,Florida 33426 United States Prepared By Kurt Juson Contact Name Julie Oldbury Email kjuson@envisio.com Email oldburyj@bb#I.us nvielcr Core Strat�agy Module with f'ullo Dashboard. -year suacrlption 3or 3 users.lnolues s a iioensirn ®tug!platforrvs manaemrrent and sup rt.The price quoted i the annual . 10 multi-year ntract 1.00 DSD` USD die urrt applied. 1 0.00 14,310.00 Ernesto Module Setup.One-turas fee A managed implementation service including plan&data audit, s smutnfi uration,plan and metrics Population,acceptance testing,user training and reporting s to y1.DD. SID;LIS O.DD development, 100%expedited decision( cls discount applied. 2,500.00 i Subtotal USD 18,400.00 Discount 22.23% Total Price USD 14,310.00 Quots.Accepted y: Signaturerr d a .r°J 1e Terms and Conditions 1.Prices set forth in this quote are valid for the period stated.All prices are quoted in US Dollars. .Invoice for the full amount will be issued upon acceptance of this quote. 3.Work on the project commences after acceptance of the latest quotation according to the Services agreed with the customer. 4.In the event of cancellation within the cancellation period,the reimbursed funds will be,unless otherwise agreed,the sum of the costs until termination plus any loss incurred by Envisio Solutions Inc.. 5,Acceptance of this quotation is acceptance of the accompanying Envisio Master Services Agreement(MSA). S.Travel,accommodation,meals and other reasonable costs related to workshops or other onsite service delivery will be separately documented and Invoiced to the customer.A best estimate of these costs may be provided in this quotation if applicable, Page 356 of 1023 Envislo Solufforts Inc } 250-13777 Commerce Parkway Richmond BC V6V 2 ENVISIO ( 371-4800 GST/HST Registration o.:845234137 INVOICE TO Julie Oldbury City of Boynton Beach City Hall:3301 Quantum Blvd., Suite 101 ,ON Boynton Beach, Florida 33426 United States CONTRACT START DATE CONTRACT END DATE 1 1 12-Feb-2022 v Envisio Core Strategy Module with Public Dashboard.3-year 30 477.00 14,310.OQ ri tion for s r . Inl s s are lic nein ,full l or a s nt an su ort. ep quoted is the annua e . 10% y r contract ico II ill al 14,310 Thank you!We appreciater business, SUBTOTAL 14,310.00 Pleaset ave, For questions relating to TTL 14,310-00 this invoice,please it us at finance@envisio.com. Send us a check to address above or Wire PaymentTo: Account fume:Envislo Solutions Inc. Bank:T Canada Trust Bank Bank :2411 160 th Street,Suite 40,Surrey,B.c.vas oca Transit No.M 92830 1 Account No.M 7201629 1 lnsdtLrdon number:004 Code:Swift TDOMCAMOR I Routing No.026009593 Settlement to:Bank of America,New York I SWIFT. I Fecwre ABA#026 593 Page 358 of 1023 IM 44 s{� 4$ iosiu ENVISIO ENVISIO SOLUTIONSINC. MASTERI PLEASE READ THIS MASTER SERVICE AGREEMENT ("AGREEMENT-) CAREFULLY. THIS AWjEEMENT APPLIES To ENVISIO SOLUTIONS INC. (" i ") AND ANY CUSTOMER (THE O UTILIZES ENVISIO'S SAAS STRATEGY IMPLEMENTATION SOFTWARE SERVICESDESCRIBED HEREIN " T VICE, WHETHERT CUST FOR ! T S Y ACCEPTING THIS AGREEMENT, iT Y CLICKING A BOX OR BY EXECUTING C THIS AG T, C AQUOTATIONT T E A T THE TERMS OF THIS AGREEMENT. IF THE CUSTOMER iS ENTERING INTO THIS AGREEMENT ON BEHALFCOMPANY OR OTHERTi , CLI REPRESENT THAT THEY HAVE AUT RI T I SUCH Ti A IAFFILIATEST CONDITIONS.IFTHE CUSTOMER DOES NOT HAVE SUCH AUTHORITY, OR THE CUSTOMER 5 NOT AGREE WITHE TERMS AND CONDITIONS, THE CUSTOMER LIST NOT ACCEPT IS AGREEMENT AND MAY NOT USE THE SERVICES. is Agreement was last updated on May . It is effective between the Customer and Envisio as of the date of the Customer's acceptance of this Agreement. 1 PURCHASED SERVICES 1.1 Provisi Purchased is Envlslo shall provide to the Customer the Service that is ordered by the Customer(" urc s ")on nvlslo's Invoice or quotation form(each an"Order ForW)du Ong a Sirbscri tion Terra(as defined below). The Service is hosted on Envisio's service provider Platform, „ eroku" ( n , infrastructure is hosted and managed within Amazon's secure data centers and uttilizes the Amazonm}eb Seo iu s ph ical technology.The Customer further acknowledges that the Customer Data(as defined below)resides on AWS'servers in the USA.The Customer mayaccess the Service,but has no right to receive a copy of the object code or source code to the Service. The Customer must have high speed Internet connection, and compatible hardware and up to date 'browser"so are to access the Service,none of which are nvislo's responsibility. 1.2 SubscriptionLicense Unless otherwise stated in the applicable Order Form,the Purchased Services are purchased as a subscription license(the 'Subscription")and non-transferrable to a third party.Additional Users( s defined Blow)can be added o the Subscription during the Subscription Term at the same pricing as the underlying Subscription,prorated for the portion of that Subscription Terra remaining,and any added Subscription will terminate on the same date as the underlying Subscriptions. iO'S RESPONSIBILITI 2.1 Provisionis nvisio will use commercially reasonable eorfs to make the Service available to the Customer 24 hours per day,7 da ys per week,except for planned downtime of which Envislo shall provide at least 24 hours notice via the Service and scheduled to the extent practicable during the weekend hours between 6 pm Friday and 3 am Monday Pacific Time. Any unavailability Page I Page 360 of 1023 005 , i,,. i ENVISIO us by circumstances beyond Envisio's reasonable control including but not limited o:the malfunction of equipment a s of God,act of government,flood,fire,earthquake,civil unrest,act of terror(collectively, "Force or the activities of i pa les not urs er Co any's n rol (i clu in Internet an h r se ice rovid rs) Is not the)8responsibility of rsvislo®Envlslo will make reasonablee o reduce to a minimum and mitigate the effect of any Force Majeure. 2.2 Cust to The Customer must provide all data for use in the Purchased a icesthe modify "Customer Data-)anto or add to it. e Customer a belongs to the Customer and t y are solely responsible fordthe ed content and accuracy. Envisio is notit The Customer grants to Envislo all necessary licenses in and to such Customer Data solely for Envisio to provide the Service to the Customer. nvislo will treat the Customer Data as confidential and will not disclose it to third parties unless as compelled law or unless expressly permitted in writing by the Customer. Envlsio will not access the Customer Data e address service or technical issues,at the stomer's request. xcept as n a to As part of nvislo's standard Service offerin& nvisio will make daily backup copies of the Customer Data and maintain such data for a period of seven weeks. 2.3 Service Level ravislo endeavours to provide 99„ uptime it respect to the Purchased Services in each calendar month during the Term, excluding: (a)any scheduled ainenan times; (b)factors outside Enviio's reasonable control;an (c)downtime related to the Customer's or third partyhardware,software or services. If in any calendar month this uptime commitment is not met by Envislo resultingdisruption tote PurchaseServices as determined in Envls sd le discretion acting the Customer was ,reasonably, n 'slogatively impactedrom shail provide,as the sole and exclusive remedy, a service credit equal to of one month's fee for use of the Semi a )a (the 2.4 Product Support Service Critical-Production system own;the Customer is unable to use the Purchased Services;a work-around is not available„ + -A major function/component is unusable/degraded and no work-around is available, but the Customer is stili able to use a portion of the Purchased Services. Medium ®There Is loss of a fun ction/component that does not seriously affect the Customer's operations or schedules. Any problem that was originally reported as Critical or High,but has been temporarily solved with a work-around,wlil a re inseverityto Mediumy mutual agreement uced Low-All other problems that do not fail within the categories above including ut not limited to enhancement requests and documentation correction requests 2.5 Support Response Times ,lief will be available and provided by Envislo to the Customer,as appropriate hereunder,from onda to Friday from am to 5 pm Pacific Standard Time,in accordance with the following target iteria: Page 2 Page 362 of 1023 ENVISIO s... I... initlai Pe o eii f fall iodate Critical 1 hour Work continuously Every businessday High 7 hours As soon as possible Every other business day Medium hours As soon aso i l A Every ether business day LOW Following business day Reasonable effort Weekly 2.6 Credit Request In order to receive the Credit, the Customer must Provide sufficient vi ence to support the Credit and email Info envislo.corn within 5 days of the end of the applicable calendar month. If the Customer is past due or in default with respect to any payments owed to Envision under this Agreement,the Customer is not eligible to receive the Credit. 2.7 Provisionr ssia al Services visio's core hours are Mon day through Friday,8:30a m to S.00pm Pacific Time.Train 1n s and customer meetings are offered during extended hours between 6-8:30am Pacific Time and 5-7prn Pacific Time,contingent upon staff availability. 3 CUSTOM ER'S USE OF7SERVICE 3.1 Authorized s The Customer agrees to maintain authorized users based on the number of accounts ( Accounts") purchased under the Subscription as stated in the Order Form.Only the Customer or persons or entities that have access to an Account through a username and password for the Account(ea a"User"andllectivel se ece s the aunts ureha y' "Users")may use the Account.If t number o nvisio will notify the Customer's Administrator(as defined in Section 3.2 below)via email of the overage and the Customer ll have 5 business days following live of such email to make any changes necessary to address the overage. Following that 5 business day period, if the overage remains Envisio will invoice the Customer for the additional Accounts required o address the overage at the same fee as the existing Accounts subscribed for under the Subscription, prorated forte duration of the Subscription Term remainingand the Customer will pay the invoice according to the terms outlined in Section 5.4 below. 3.2 Emailis Atthe time of orderingthe Service vislo,the Customers all identifytheadministrator(s)res onsible forte nts (each n" I ist r")e The Customer arees to provide EnvIslo with the Administrator's contact information including e-mail address. By providing the Administrator's e-mail address, the Customer arees to receive all required notices electronically to the Administrator's e-mail address. The Administrator shall be responsible on behalf of the Customer for managing the Accounts, maintaining all User information, and the Purchased Services used by the Customer. It is the Customer's sole responsibility to notify nvislo if the Customer changes or intends to change its Administrator(s). ® :Passwords,Access and Notifications Page Page 364 of 1023 ENVISIO This Agreement Is effective be n the Customer and Envislo as of the date oft the Customer's acceptance of this Agreement and continues until the Subscription Terms with respect to each Subscription subscribed for by the Customer heurs r have expired or terminated. 5.2 Term scri I s and Renewal The term of each Subscription(the'Subscription Term')shall be as set out in the applicable Order Form,which indicates a three(3)year term. The Subscription Term may be renewed for two additional one year terms, but renewal requires Ci ty Manager written approval at least sixty ( days prior to the expiration of the then current term. The per-unit pricing during renewal will be the same as that during the immediately prior term unless Envislo has provided the Customer written notice of a pricing increase, not to exper annum,at least 60 days before the end of that prior terra,in which case the pricing increase will be effective u n renewal and thereafter. Notwithstanding any ether provisions regarding notice and termination, in the event of a pricing increase,the Customer shall have thirty( )days from receipt of notice of pricing Increase to terminated this Agreement without penalty. Service5.3 Fees The Customer shall pay Envisio the fees specified on the Order Formthe ( Fees are based on Purchased Services comprising of subscription fees(based on the number of accounts)and professional fees(including implementation fees), and are non-refundable unless otherwise stated. The number of purchased Subscriptions cannot be decreased during the Subscription Terra. 5.4 Invoicing t Billing for the Purchased Services will be in advance on an annual (twelve mon s) basis. Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date(the ten).The Customer Is responsible for providing complete and accurate billing and contact information to EnvIsIo and notifying nvislo of any changes to such information.Overdue Invoices will incur a per month interest charge. If the Customer falls to pay the invoice i in the Due Date,Envisio may,at its sole discretion,declare the account delinquent a"Delinquent Account"). 5.5 Applicable Taxes Envislo shall charge the Customer,and the Customer shall pay to Envlslo,all applicable taxes,including any retroactive tax es n past Fees or charges(whether already paid or not) in cases where Envisio is under a legal obligation to collect such tax from e Customer. The Customer shall be responsible for any and all other taxes that the Customer is under a legal obligation to pay. Envision acknowledges that the City(Customer)is tax exempt,and as such,this provision is not applicable. 5.6 30-Day Money Back Guarantee Within 30 days after the Customer has signed this Agreement,upon the Customer's written cancellation request,Envislo will refundall subscription fees paid by the Customer. Customer will still be liable for implementation fee and any professional fees in respect of professional services ordered.After 30 days,all Purchased Services are non-refundable and non-cancellable. TERMINATIONI 6.1 Envislo's Right to Suspende Account nvislo reserves the right to suspend the Customer's account and access to and use of the Service ander the following conditions: Page S Page 366 of 1023 the Account becomes a Delinquent Account;or nvislo reasonably concludes that the Account is being used to engage in denial service attacks,spammin ,or illegal activity,and/or use of the Account is causing immediate,material and ongoing harms to Envisio and others. In the extraordinary event that Envislo suspends the Custo ees access to the Service, Envislo will use commercially reasonable efforts to limit the suspension to the offending ion of the Service and resolve the issues causing the suspension of the Service. 6.2 Termination for Cause/Expiration Either pa (the"Complaining )may immediately terminate this Agreement and all Order Forms Issued hereunder in the event the other pa (the'Breaching )commits a material breach of any provision of this Agreement which isnot cured within thirty( )days of written notice from the non-breaching party. Such notice by the Complaining shall expressly state all of the reasons for the claimed breach in sufficient detail so as to provide the Breaching Party ars opportunity to cure such alleged breach and shall be sent to the Breaching Party in accordance with the notice requirements set out in Section 10.9 below. Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. If this Agreement is terminated by Customer for any reason other than a termination expressly permitted by this Agreement,then Envisio shall be entitled to all of the Fees due under this Agreement for the entire Terra.If this Agreement is terminated as a result of Envisiops breach of this _Agreement, then Customer shall be entitled to a refund of the pro rata portion of any subscription fees paid by Customer to Envislo under this Agreement for the terminated portion of the Term. 6.3 Handlingf Customer Data Upon Termination Effective upon cancellation of the Account,EnvIslo may deactivate the Account and be entitled to delete the Account and the Customer Data from the Service within 60 daysafter cancellation.Within this 60 day period and upon the Customer's request, Envisio will provide limited access to the Servicefor the sole purpose of allowing the Customer to retrieve the Customer Data, provided that the Customer has paid all good faith undisputed amounts owed to Envilo.The Customer further agrees that Envisio shall not be liable to the Customer nor to any third party for any termination of the Customer's access to the Service or deletion of the Customer Data,provided that Envisio is in compliance with the terms of this Section 6.3. It is the responsibility of the Customer to obtain screen captures and download all necessary reports should the Customer wishes to keep the data. 6.4 Survival The following sections of this Agreement shall survive the cancellation or termination of this Agreement for any reason., Se ions 3,4, ,5.3,5.4, e5,6A,9and 10,as ell as those sections that by their nature are intended to survive the termination or expiry of this Agreement. 7 PRICE AND SERVICE CHANGES 7.1 Software Subscription Envisio reserves the right to amend the Fees and the nature of the Service offered o the Customer from time to time and in its sole discretion,provided however that Envisio shall not decrease the level of Service or increase the subscription fees by no more than 0 per annum per Subscription until the end of the Subscription Term In effect for the Customer. Envislo Page 6 Page 368 of 1023 ENVISIO shall give the Customer notice of any such changes in the Fees and the Service 60 days in advance of the expiration of the relevant Subscription Terra. If the chane in Fees Is not acceptable to the Customer, the Customer's sole and exclusive remedy shall be to cancel the applicable Subscription by providing Envisio with written notice of cancellation to lARenvisio.corn at least 30 days prier to the expiration of the relevant Subscription Terre. Continuing o use the applicable Service after the end of the Subscription`term constitutes the Custorne s acceptance of all changes in Fees. 7.2 Impi mntatl Professional Services Fees Implementation Professional Services is quoted at a fixed cost and unless otherwise stated in the Envisio order form in the Implementation Professional Services lime item all services are scheduled and offered to the Custorner for a period of - months from the commencement of the Subscription Terme Envisio will make all reasonable efforts to deliver in full the agreed-upon implementation scope. Changes to the scope or tirnellnes may be proposed by the Customer Project urin Implementation. Chane "Learn quests will be reviewed y Envisio am their impact on the initisl scopes schedule, ule, resourcing and/or budget will be evaluated.Where additional resourcing is required from the Envislo Implementation Tears to meet the change request,Envislo reserves the right to amend the Implementation fixed cost by issuing a new quote/order form requiring the Customers signature as approval. 8 WARRANTIES 8.1 Our Warranties Envisio warrants that(a)the Service will achieve in all material respects the functionality described in the applicable tchn! I documentation for the Service that is provided from time to time by Envisio to the Customer(the"Help c io "), an (b) Envisio will not materially decrease the functionality of the Service subscribed for under a Subscription during the applicable Subscription Terre. The Customer's sole and exclusive remedy for Ern islo's breach of this warranty shall be that nvislo be required to use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality as described in the Help Documentation and, if Envislo is unable to restore such functionality, the Customer shall beentitled to terminate this Agreement and receive a pro-rata refundof thesubscription fees paid under this Agreement for the Subscription forthe terminated o ion oft the Subscription Term. 9.2 DisclaimerWarranty THE SERVICE AND ANY OTHER PRODUCTS AND SERVICES PROVIDED Y ENVISIO TO THE CUSTOMER AE PROVIDED"AS IV, "AS AVAILABLE", 1T ALL FAULTS AND WITHOUTANY WARRANTIES, REPRESENTATIONS OR CONDITIONS Y ! ND EXCEPT S EXPRESSLY SET OUT HEREIN. ENVISIO HEREBY DISCLAIMS ALL IMPLIED, COLLATERAL o TU Y WARRANTIES,REPRESENTATIONS CONDMONS,WHETHER L,! CLU I Y i P l A T! OF MERCHANTABILITY, T1TL , ES ®i I T, SE i , LiA ILt , C SS, QUIETENJOYMENT, ACCURACY, INTEGRATION FiT TIC PURPOSE. IT L! ITV TilE GENERALITY OF ANY OF THE FOREGOING, PROVIDER SSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION I CUSTOMER'S USE OF THE SERVICE (INCLUDING A ERTS AND RECOMMENDATIONS)IS ACCURATE,OR CAN OR SHOULD RELIED UPON BY CUSTOMER FORANY PURPOSE WHATSOEVER. FORTHE PURPOSES OFTHIS SECTION 9.2," iSI `°INCLUDES Ei VISl 'S DIVISIONS,SUBSIDIARIES,AFFILIATES,SUCCESSORS, PARENT COMPANIES AND THEIR (INCLUDING ENVISI ' ) EXECUTIVES, DIRECTORS, OFFICERS, A YS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, RESELLERS, THIRD PARTY PROVIDERS, MERCHANTS, LICENSORS AND THE LIKE. Page 7 Page 370 of 1023 tot' u F ti u}�t 6 ENVISIO LIMITATION ION OF LIABIL11TY 9.1 Limitation of Liability ) IN NO EVENT SHALL ENVISIO BE LIABLE TO OTHERPARTY FOR ANY (1) SPECIAL, INDIRECT, INCIT L OR CONSEQUENTIAL , (II) LOST SAVINGS, PROFIT, DATA, USE ILL, (111) BUSINESS INTERRUPTION, EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, OR (IV)PERSONAL OR PROPERTY DAMAGEISI NG OUT OF OR IN ANYWAY CONNECTED TO THISAGREEMENT, G LESS OF CAUSEA I THETHEORYOF LIABILITY, WHETHER IN CONTRACT,T (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, H F A FUNDAMENTAL TE OTHERWISE. ( ) IN NO EVENT WILL THE TTL AGGREGATE LIABILITY FOR ANY AND ALLC I S IN CONNECTION IT H OR UNDER THIS ACE TOTAL AMOUNT OF FEES PAID BY THE CUSTOMERTO ENVISIOIN THE 22 MONTHS PRECEDING TE THE CAUSE OF ACTION FIRSTAROSE. (C) THE PROVISIONS OF SECTION 10.1(A)AND 10.1IB)SHALL NOT APPLY TO THE EXTENTTHAT THE CAUSE OF ACTION GIVING ISE TO THE CLAIM ARISESFROM. !. A BREACH OF A PARIYS CONFIDENTIALITY OBLI ATI THIS AGREEMENT;OR IL CLAIMS FOR FEES OWED TO ENVISIO UNDER THIS AGREEMENT AND ANY COST, EXPENSE OR FEES INCURRED I THEIR COLLECTION, THE CUSTOMER SHALL A CLAIM,COMPLAINT,O PROCEEDING AGAINSTENVISIO FORANY OR ALL PORTIONS OFTHE SERVICES THAT MAY REQUIRE THE DOWNLOADING OF WEB SITE COOKIES CUSTOMERT ACCESS UCH TI S T ACOU T. PURPOSESFOR THE F THIS SECTION 10.1, - VISI " INCLUDES ISI DIVISIONS, SUBSIDIARIES, AFFIIT , SUCCESSORS, PARENT COMPANIES THEIR (INCLUDING ENVISI ' ) EXECUTIVES, DIRECTORS, OFFICERS, YS, MANAGERS, PLOY S, CONSULTANTS, C T S, AGENTS, AFFILIATES, LLE S, THIRD PAR P PROVIDERS, MERCHANTS,LICENSORS AND THE LIKE. GENERAL10 10.1 Interpretation of thi Theterm"including,"werever used in any provision of this Agreement,means'Including but without limiting the generality of any description preceding or succeeding such term." np rule of construction to the effect that any ambiguity Is to be resolved against the drafting party shall not be applicablein the construction or interpretation of this Agreement. The divisions oft is Agreement Into sections/paragraphs,and the insertion of headIngs/captions, are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement or be deemed a part of this Agreement. 10.2 Inurement The rights and liabilities of both the Customer and Envislo(collectively,the'Parties")under this Agreement shall bind an inure to the benefit of the Parties'respective successors,executors,and administrators,as the case may be. Page 8 Page 372 of 1023 Ifof r, Sti; t ENVISIO 10.3 Assignment Neither party may assign this Agreement without written consent of theother, except that Envisio may assign without consent to a related entity or the successor of all or substantially all of the assignor's business or assets to which this Agreement relates. This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties,although Envisio reserveste right to name Customer as a user eft e Service. 10.4 Governing This Agreement and any other a ree ent f r the Services shall be governedy and construed in accordance with the laws of the State of Florida and the federal laws of Florida applicable therein,withoutregard to conflicts of laws principles.The United Nations Convention on Contracts fort the International Sale of Goods will nota ply to this Agreement, 10.5 Severability If any provision or portion of thIsAgreement is found by a court of competent jurisdiction to be unenforceable forany reason, e remainder of this Agreement shall continue in full force and effect. 10.6 Arbitration Except for any dispute related to the intellectual property rights of a party,any dispute or claim arising out of or relating to this Agreement shall be referred o and finally resolved by binding arbitration before a single arbitrator under the International Commercial Arbitration Rules of Procedure of, and administered by, the American Arbitration Association. The appointing authority shall be the American Arbitration Association. 10.7 Independent Contractors Nothing in this Agreement shall be construed as creating a partnership or relationship of employer and employee,principal and agent, partnership or joint venture between the parties. Each partyill be deemed an independent contractor at all times and shall have no right or authority to assume or create any obligation on behalf of the other party,except as may be expressly provided herein. The Customer must not, in any way, misrepresent the Customer's relationship i h Envisio, attempt to pass itself off as nvisio,or claim that the Customer is Envisio. 10.9 injunction The Customer acknowledges and agrees that coney damages are not an adequate remedy for any breach or threatened breach related to Envisio's rights or the Customer's use of the Service beyond the rights granted to Customer in this Agreement. The Customer therefore agrees that In addition to other remedies available hereunder, by lame or otherwise, nvislo shall be entitled to an injunction against any such breach by the Customer. 10.9 Notices NoticeCustomer Any notice to the Customer from nvisio will be sent to the e-mail address of the Administrator with a copy to the City Manager,or provided in writing,registered ostal service(postage prepaid),or by pre-paid commercial courier delivered to e Customer at the mailing address specified on their Account, but does not include notification of parties by way of the Web Site as permitted by this Agreement. ?age 9 Page 374 of 1023 ENVISIO City of Boynton Reach Lori Verriere,City Manager Box 310 Boynton Beach,FL 33425 LaverriereL@bbfl.us Nodee to Company Any and all notices to Envislo from the Customer must be Riven by in writing, e-mail, first class postal service (postage prepaid),or by pre-paid commercial courier delivered to Envisio at: Envisio Solutions Inc. 250-13777 Commerce Parkway Richmond,BC V6V Tel: 888-371- e ail: lnfoenisio.corrr 10-10 Public Records The Ci (Customer)is a public agency subject to Chapter 119, Florida Statutes. Envisio shall comply with Florida's Public Records Law. Specifically,Envisio shall: A. Keep and maintain public records required by the Customer to perform the service; B. Upon request from e Citys (Customer's) custodian of public records, provide the City (Customer)with 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 u lic record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract, Envisio 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(Customer),and D.Upon completion of the contract,Envisio shall transfer to the Ci (Customer),at no cost to the Ci (Customer), all public records in visio's possession. AJI records stored electronically y nvisio must be provided to the City (Customer), upon request from aCity's (Customer's) custodian of public records,in a format that Is compatible ith the information technology systems of the Ci (Customer). E.IF ENVISIOAS QUESTIONS REGARDING THE APPLICATION119,FLORIDA STATUES, TO ENVISIO'SVI LIC RECORDS RELATING TO THIST A , CONTACT THE CUSTODIAN PUBLIC RECORDS:(CITY CLERK) P.O. ox 310 BOYNTON BEACH, FLORIDA,33425 561-742-6061 PYLEJ@BBFL.US Page to Page 376 of 1023 Digi} #J}41jtt ENVISIO 10.11 Scrutinizedie By execution of this Agreement, Envislo certifies that Envislo is not participating In a boycott of Israel.Envisio further certifies at Envisio 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 Envisio been engaged in business operations in Syria. Subject to limited exceptions provided instate law,the City will not contract for the provision of goods or services with any scrutinized company referred to above.Submitting a false certification sall be deemed a material breach of contract. The City shall provide notice, in writing, to Envisio of the City's determination concerning the false certification. Envisio shall have five ( days from receipt of notice to refute the false certification allegation.If such false certification is discovered duringthe active contractterm,Envislo shall have nine ( )days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Envislo 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 u uan to Section 287.135, Florida Statutes,as amended from time to time. 10.12 Complete Agreement This Agreement constitutes the complete understanding and agreement a een the Customer and Envisio, Except when expressly agreed to the contrary in signed ritin by an authorized representative of Envisio,this Agreement supersede any other written(including digitized/computerized)agreement,oral agreement,an or agreement y conduct.This Agreement or any other specific agreement for the Service between Envislo and the Customer shall each be exclusively between Envislo and the Customer only and shall not confer any rights in any third pa Page 11 Page 378 of 1023 01db: Julie From: James A.Cherof <JCherof@gorencherof.com> Sent: Monday, February 11,2019 11: AM To: Oldbury,Julie Cc: Swanson, Lynn Subject: ® PLEASE REVIEW.,Agreement(Envisio) Strategic Planning Software 5.2 Add "written" between City and Manager and approval. 5.2 add new last sentence. Notwithstanding any other provisions regarding notice and termination, inthe event of a pricing increase,the Customer shall have 30 days from receipt of a notice of pricing increase to terminate this Agreement without penalty. James A. Cherof GORENt CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 x 302 1 (561) 276-9400 x 302 1 Fax: (954) 771-4923 Email: JCherof@GorenCherof.com I www.GorenCherof.com Offices in Fort Lauderdale and Delray Beach, Florida. Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.02510-2521 .and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, ort employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying ofthis communication is strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person. From., Oldbury, Julie [malio:01dbury3@bbfi.us] Sent: Monday, February 11, 2019 11:15 AM To: James A. Cherof Cc: Swanson, Lynn Subje:t., PLEASE REVIEW: Agreement(Envisio) Strategic Planning Software Importance: High HI Jim, Can you please review the attached agreement for a software that will be used for our strategic planning monitoring and management? I have made my suggested revisions in track changes. (This pricing of this software falls within the City Manager's purchasing authority.) Thank you for your help! Respectfully, Julie Page 380 of 1023 PURCHASE CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT S VICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. 240832 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/05/20 VENDOR 14225 SHIP TO: TO: VIRTUAL GRAFFITI, I C. City of Boynton Beach 9979 MUIRLANDS BLVD. ITS DEPARTMENT IRVINE, C 92616 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. 75765 ORDERINGDEPARTMENT: ITS k DATE NEEDED: CONTRACT NO. EMM:ISSION APPROVED: (ti ®1 LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1, 00 EA ADVANCED GATEWAY SECURITY SUITE 11361.1600 11381. 1E BUNDLE FOR Supermassive 9200 TYR VENDOR ITEM NQ 01'>S:$C-:1:57.0 R:EMARK9:.. - SONICK"L FIREWALL MAINTENANCE SECURITY . . .......... . .. .. . . . . . ... . .TERM.. ::ONE ;YEAR QUOTE.4269634 DO NOT MAIL PO-: ITS 'WILL .SEND TO VENDOR PROCUREMENT SER I: �� I y, P.O. TOTAL:L: 11381 :1,6 ACCOUNT NO. PROJECT 001-1510-513.49-17 PURCHASING Page 382 of 1023 "v,v �} "O Ni C9 ra z I I 1 ra €� €4 ' e1 a l Iri W 0 I (� I H r4 I r-0 I G I 0 0 �7 Rt 1 H[ [Y N 1 I .. 1 I 6Yi'L41 811 C8 h,#0 1 n 1 6 ea r w t-,#,nn 1 I [ C1€m o 1p k -00 � r I liH es� H H }C I m m �.} pq I m tp} I U say E. H uy H 1 E4 a H 1 1 ; �S H€-+ I sWa C& era aaLn a Q Q w" Lp 0#39 w YS3'm} Ln 1 H m 0Mm''r133 I i H 1 CY5 m¢1`D'•¢"M, 'Ila m �e.d'M M Hm�'e=$w9 ud rib I lig I EO 4 H C4 I s d 9 It ^� H N I I 1 11e" E I 83 I 1 45a H P,a m E, He 0 D I I W 1 pCA m H cy 1 I G7 1 R' F7 I w H to � 1 H [J . pyi M [ 1 I G 0H tt5 [A 1 0 1 � I pimp Pp a�FugB. 1 I 1Dula 1 u w U 441 H 0C4 l G� ul 1 d H i d I w gCel fJ 1 $} rl 1 Ei I 9a O 5a¢ 1 H It H H LA "• F¢ H 1 1114 Cd i 4�tY np, 69 FI II H W 4 V W E. H I 0, I A M (4 O 14 P4 w Page 384 of 1023 ti �t CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 rt 2/4/2020 r Department:Requesting I.T.S. Contact Person: Aaron Buni Explanation for Purchase: The City ill the SonicWall Advanced Gateway Security Suitei to protectrwith Advanced Threat Protection, t ti- it , Anti-Spyware, Intrusion Prevention, Application iFirewali Service, Content Filtering, it lUpdates. Vendor Virtual Graffiti Dollar Amount of Purchase 1® Source r materials): Three Written Qo tions GSA State Contract T SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source rPurchase: 001-1510-513.49-17 �.. Department AII Purchasing Agent I Date � 41"441, „44 1 1 LL--�Z Asst City Manager Date City Form Revised 02(01!02 Page 386 of 1023 VIRTUAL GRAFFITI QUOTE s 014 rffvine112618 wwv#.V1flwlGraM=m i I i Quote 269634 Tai:949.870.3M V :949.266.9332 . 01/21/2020 F _ r CRy of BoyntlogitFlorida City of Boraltzin Bomb,Rarlda 100 E Boynton Bead?Blvd 100E Boynton Beach Blvd Charles Stevens A arses Stevens Boynton Beach FL 33435 Boynton Beach Fl- 33435 USA LISA Customer ED, 99991I e n: Sterven Hersch Customer Ref. o.: Shipping . 1 01-SSC-1570 Advanced Camey Security Suite Bundle lbr Supermassive 92001YR $11,3$1.16 $11,3Bi.16 Advarceil Gateway Siamrity Suite(AG -Includes Capture AdvancedThreat protection, are, Irdrudoin Prevention,Application Firewall 'ng Premium Services,and 24x7 Support with firtnware. 1 Alternative:01-SSC-4 Comprehensive Gateway Security Suite Bundle for Supermassive 9200 1yR S 8,811,A4 S8,811 44 172 SioneMl Comprehensive Gateway Security Su ( -Includes Gateway And-Virus, r ,Intrusion Prevention, Application Firewall Service,Content Filtering 1 and 240 Support with Firnaarare Uladisels. Quotation Subtotal $11,381.16 Total Tax 0. Quotation Valid Untlh 02/28/20 To w.curely submitme ` r this quote via credit card, please visit: ®All Returns must meet all applicable criteria Ilearl;n ouir Return Policy found at hU7PSil/vrww.Vrtual0raM.Com/rMurn-policy.php. approvalpar plesse contactEhe sales represenlamm listed on invakp— * *An Claim shortage,damaged or shipping errors angst be me&wiffin 3 days or recelpL *Warranties If hdrels removed or tem . *All oaks have a 30 day raturn period unless h *Returns mux indurie all z d Ina; #� pe gird and Ila a&l aorsh ark 6AN saftweand kence downicads are not retwnabie,All asks are atons road subject to 15ti restooldng fisL Rnal when soliNare has been regiftned, or Page 388 of 1023 2338 Immokal e d. #151 �� Naples, FL 31F110 �. PROPOSAL .. Phone: (2 ) 514-2 Fax: (239) 236-2232 ...;� www.v ECHi com Jan 24, 20201 Prepared For: Presented By: City of Boynton Beach Jimmy Norton Charles Stevens Jimmy.Norton@VTECHlo.com 100 E. Boynton Beach Blvd. (954) 541-7181 Boynton Beach, FL 33435 United t To accept this proposal, sign here and return: Phone (561) 742-6079 .... .......,......... Fax Date: Customer Purchase Order Number: requested.Here is the quote you t 30 Days Descr 1ption `Unit Price ■ Price Son!cWall Advanced Gateway SecurityYear p Service - 24 $11,548.00 , State of Florida DMS WSCA Participating Addendum Contract (#43211500- SCA-15- CS) Valencia College TRP Contra ( 11-12/09) Subtotal Your investment in addition to the Grand Total: $11,54$.00$0.00 $'0.00 Billed Monthly Tax $0.00 Billed Quarterly Shipping $0.00 Billed Annually $0.00 Grand Pricing, Taxes, and Additional Information All product, pricing, and other Information is valid for U.S. customer's and U.S. addresses only, and is based on the latest information available and may be subject change. vTecio reserves the right o cancel quotes and orders arising from pricing r other errors. Sales tax on products shipped Is based on your "Ship dress. Please indicate any tax-exempt status on your PO, and a all your exemption certificate to DI.peterson@vtechio.com , : All tax quotedabove Is a estimate; final taxes will be listed on the Invoice. If you have any questions regarding tax please send an e-mail to DI.peterson@vtechio.com For certain products shippedto end-users In California, a State Environmental Fee will be applied to your Invoice. 3. convenience fee will be charge for credit card purchases*** By signing this quote you acknowledge having read and agree to be bound by such terms. PagEs @90 of 1023 PE,QPL E WN 0 GETAT DEAR CHARLES STEVENS, Than you for cionsWering CDW*G ,for your computing needs. Thedetaft of your quote are below. here to convert Your quote to an order.. ..................1-1...................................... -11-............................................................... ................ .............................................. Quo"v"mm"'rk""' QUOTE", CUI't G-RANDDia TAL f L3 tK!22 V22t'2020 LFEK11211ei D in 1,716,23 ............... ..............................----------..................................................... ..................................------------------- M, 91TEM11 CDW# UNIT PRICE ..................... 4,,,,,"-"'7 3 81 CJ 43; dW11n['.,ub,An N0 1E ED15k FR,,Hda NV Sf,';h"',vane AC!.,',S'VAR ....................................... -—------------- ............... ............... ............................................................................................................................................................................. ................................... .........................— --------------- I PIMCAHASER BILLING KNFO $J,1,7�16 ............................................. ............................... ............................... 87MH,vq,Addrass� SHIPRI'liG 1 $0, CITY OF E'TACH, FL(DRICIA -—-------------------------------............. 45ALES TAX QLMIM)�V M V[",�STE '1,01, .....................j B'd.A0474} BEACH, F"', ........... ................... t"Iii ....................................... .................. ............... ...................— (--,F IBEACH, OLMLO If, YN711")N BE40,i,1-1 3 3 4 3 5-3 'Dry nem,,,5611 7411-�E,'K90 ShippOng klethoc,', .............................. .......................................... .......................................... ....................................... ............... ............................ ................................................................................. Vl�'� .......... (866) 668-9496 1 m1kbuck@cdwg,com Tbm quote m subject to CDW's Terms and Conddons el Sages an Semwe PrQlacts at For mire Rnforma'ban,contact a CTM W account manager 4�2020 CDW-1Z LLC,200 N Mflwaukee Avenue,Vemon Ms,!L 60U61 800 SOM239 Page I of I Page 392 of 1023 Pricing Proposal Quotation : 18347960 Created On: 1/23/2020 Valid Until: 2/22/2020 City of Boynton Beach Inside Account Manager Charles Stevens Julian Paredes 100 E.Boynton Beach Blvd 290 Davidson Avenue Boynton Beach, FL 33435 Somerset NJ 08873 UNFrEDSTATES Phone:800-543-0432 Phone: (561)742-6079 Fax: 732-868-6055 F • Ema'1: Julian—Paredes@shi.cDm Emat StevensC@bbfl.us I Prices are in US Dollar(USD) Product Your Price Total I SonicWALL Advanced Gateway Security Suite-Subscription license(1 year) 1 $12,339.38 $12,339.38 SonicWall-Part#:01-SSC-1570 Contract Name:Open Market Contract#:Open Market Total $12,339.38 The products; red under this proposal are Open Market and resold in accordance th the forms and conditions at AdLQp&o Dmidmer ag I& erms arad Coned° ns. Page 394 of 1023 n 0 ni e c* [ion solve IT SALES QUOTE GovConnedlon,Inc. Account ftecutive: Alicia Frnvel 9 24955322.01-VVI 732 Milfford Road Phone: (800)800-0019 ext.34351 PLEASE REFER 70 THEABOVE Menimack,NH 03064 Fax: (603)683-0980 QUOTF#MEN ORDERING Email: alicia.fravel@oonnection.com Dam.- 112312020 Valid Through: 2=020 Account Manager: Account#: 303303 Phone: Fax: Email: Customer Contact: Charles Stevens Pho-ne: (561)742-6079 079 Email: stevensc@bbfl.us Fax: (561)742-6092 QUOTE PROVIDED TO-, TSHIP TO- Aft 139W584 AB#.13897988 CITY OF BOYNTON BEACH,FLORIDA CITY OF BOYNTON BEACH PROCUREMENT SERVICES DEPT CHARLES STEVENS 100 E BOYNTON EACH BLVD ITS DEPARTMENT In r 'w _ n P.O.BOX 310 1 On E BOYNTON BEACH BLVD BOYNTON BEACH,FL.33425 BOYNTON BEACH,FL 33435 561 742-6000 (561)742-6079 DELIVET FOE SHIP VIA SHIP WEIGHT TERMS CONTRACTION -IG 12 5-30 PM A/RIO Destination —J SmW0 Pkg Ground Service Level .00 17T4 N T ET 30 knPNMrt Notice.—THIS QLX)TATJON IS SUBJECT TO THE FOLLOWING Terms of Sale:All purchases f GavOonrection,Inc.are subject to the company's Standard Terms of Sale, which describe Important legal rights and obligations. You may review Me Company's Stardard Terms of sale on the Componlys bsite:wwwgavcomwdan.com,or you may requald a copy via tkx e-mal,or mail by coming your account represenlathre,The ordy ameoption to trus Policy is I your order Is being paload under any one ul'our many national,state,fiducallonall or cooperative Agnasmords,In wNch case this Terms and Conditions of year Purchase Order are already pre-nolmomated and stould In W Agreement No other Terms and Conditions she apply,end any other sonars and conditions—49renced or a p Ping In ue er are considered null and void. Please rderito mar Quota Nurmow In vour order. mm deu" I- ansing I $ 12,04918 $ 12,649 18 r- twe valid 2 through data at the top of this punts. $ AnAing after 1137 20 Will require a nagracto- Subtatid i—12m9m Fee $ 0.00 Shipping and Handling $ 0.00 Tax—Exempti T 12b 49.111 Page 2 of 2 1/2312020 Page 396 of 1023 ew% 0 na,nbor i ek c t it oin- we solve IT- ORDERING INFORMATION GotrConnection,Inc.DBA Connection Please contact your account manager with any questions. Ordering Address glennittangaJAdd ms GovConnection,Inc. GovConnection,Inc. 732 Milford Road Box 536477 Merrimack,NH 03054 Pittsburgh,PA 15253-5906 Please reference the Contract#on all purchase orders. TERMS&_CONDITIONS Payment Terms- NET 30(subject to approved credit) FOB Point, DESTINATION(within Continental US) Maximum Order Limitation: NONE FEIN: 52-1837891 DUNS Number: 80-967-8782 CEC: 80-068898K Cage Code: OGTJ3 Business Size: LARGE Erate Spin Number: 143026005 WARRANTY:Manufacturers Standard Commercial Warranty NOTE: It Is the end user's responsibility to review,understand and agree to the terms of any End User License Agreement(EULA). Important Notice., —THIS QUOTATION 15 SUBJECT TO THE FOLLOWING Terms of Safe:Ali purchases from GovCannection,Inc.are subject to the Company's Standard Terms of Si le,which describe Imparrantlegal rights and obligations.You may review the Company's Standard Terms of Sale on the company's website:www.gairconnection.com or you may request a copy via fax,e-mail,or mail by calling youraccaunt representative.The only exception to this policy Is if your arderis being placed under any one of our many national, state,educational or cooperative Agreements,In which case the Terms and Conditions of your Purchase Order am already pre- negotiated and stated in that Agreement.No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing In your Purchase Order are considered null and void.Please refer to our Quote Number In your order. Of you require a hard copy Invoice for your credit card order,please visit the link below and click on the Proof of Purchase/Invoice link on the Deft side of the page to print one:httpsW/www.gqwonnealon.mmLmmb/Shopping/ProoMfPumhasojAm Pkease forward your Contract or Purchase Order T.'. SLEDOPSI@connection.com QUESTIONS; Call 0004MM-0019 FAX. 603.683.0374 Page 397 of 1023 Date EST .. .` eCh 5981 'V 93rd&wnu e,Suiftlr 101 Modified) Date k Fort,Lauderdale, L 323 (a�tan 7010 0932 AM ET we make tric:ti ch. rn-(954)505-5440 r' Doc °4u 7709.1. .-rev 1 of 1 Description Sonkwall "( SalesRep McLeod, Ethan (P) 54,541.. ,55' 41 Customer ( . t .. �... City of Boynton Beach FL(13-747) Customer Contact Charles.Stevens Cha:ic , Seev ns PO BCX 31 , (P)56il s42E07 BoyntonL each, 3te' nCti'vas UnitedStates ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�.,,................,,...n. .............................................. ( ) 1-742-6411 Bill TO Ship To Payment Method City of Boynton Beach FL City of Boynton Beach FL Terms: Undefined James,Wilson James,Wilson 124 albrh Rd. 124 olbrRd. Boynton Beath,FL 33435 Boynton Beachh, Shipping Info FL 33435 Delivery Method: FedEx GroundCarrier Aeeount: United States United States (P)561-742-6411 (P)561-742-6411 Shipping Instructions: \ .11 ,1t TM, ..t. Isla �....., ,....\. \,. ,\„ ,t, �.,.,,ti. , S, sl aJk !'91"1 ! ( s,., I ?t(! , 4 s , !1,{ ,,1llll 2�ll� .1 } \I,,.�v , �1 } tAFi�\,I,t1,t,lll4l��t� lifmlttl�.�2.<atf�A\Ih�� , ,IAV,;,, s tL�t�•, �flk,�F w F�)I#i 1 �7>�d,4�,f$.�.�,'i r, �€ 1 Sonicwall-1YR ADVANCED GATEWAY SECURITY SUITE BNDL FOR 01-S5C- Yes 1 $12,966.84 $12,966.84 SUPERMASSIVE 9200 1570 CAGE:70BA0 Subtotal- $12,966.84 DUNS:078817964 Tax(0.00096): $0.00 FEIN:46-2619818 Shipping: $0.00 Woman-Owned Small Business(WOSB) Total: $12,966.84 Primary NAICS:423430 t ?z v Ci ' SM WOSB w9' E*J*wa Page 398 of 1023 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #• 200834 BOYNTON BEACOH,BFOLORIDA 33425-0310 DATE: 02/06/20 VENDOR 17556 SHIP TO: TO: DELL FINANCIALSERVICES, LLC City of Boynton Beach ONE LL WAY LIBRARY ROUND OCK, TX 78682 115 N. FEDERAL HWY BOYNTON BEACH, FL 33435 EOU0TION NO. 75706 ORDERING DEPARTMENT: LIBRARY - MIKE NAUGHTON DATE NEEDEDCO CT NO. COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST CO TED 1 40 . 00 ELL LATITUDE 3500 624 . 6100 24984.40 Dell Latitude 3500 BTX (210- G) 8th Generation .IntgI Care :i5=8265U Processor :(4 Core,.6MB C&che,1.6GHZ up to 3= 90 GHz (3:79 BKU) Win 1p Pro '64 English, French, Spanks #fil.J AiIT ) Ncs Aut oPilot (340-CKSZ) No Productivity Software Istel LTHD' 620 Graphics for Intel 8.th. Gen Core '.-8265U;, (338-BQSW) 8:GB, lx8GB DDR4 Non-ECC (:370-AEC ) M2 256GB .PCIe ,NVMe . Cl.ass 35 Solid State Drive (4 0 0<-BBNS) Not selected in this configuration (817 .BBBC) Non Ta�z LCD Cover :with..,.. . Calllera. (32 -ik3CUI) 15 6" „�'HI1 '(:192Q.''x lOBD) .;Anti®G1a,r� Non Tbuc Camera & �ticrcaplzane (3 91 >3 Single Pointing Non-backlit Keyboard, English (583_BENE) No Mouse (570-AADK) PROCUREMENT SERVI E : R.O. TOTAL: ACCOUNT NO. PROJECT 105-3221-513 .52-01 PURCHASING Page 400 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 X 310 P.O. 200834 YNTON BEACH, ® I 33425-0310 DATE: 02/06/20 VENDOR 17556 SHIP TO: TO: DELL FINANCIAL SERVICES, LLC City of Boynton Beach ONE DELL WAY LIBRARY ROUNDROCK, TX 78682 115 N. FEDERAL HY BOYNTON BEACH, FL 33435 REQUISITION NO. 75706 {ORDERINGDEPARTMENT: LIBRARY - MIKE te7AUGHTON � • • I DATE NEEDED: CONTRACT NO. [��ISSI:O:N APPROVED EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COS Wireless Driver for Intel 9560 + Bluetooth 5 . 0 (555-BETS),: Intel Dual" Band...Wirejess AC. 9560 {802 11a )::'2x2.'' .No Mobile 19roadband Card :4. C6.11 56 hr ExpressCharge. Ccs 1 battery:?, (ASI-- CII:) 6 Watt ' dfter':;(450 ) No: Finge rint and No SmartCard Reader (3 6-BEZ:F) .: Fixed Hardware Corfx.guration (998-DFS) portA.ssst (825.-BBCL) Dell(TM) Digital Delivery Cirrus Ciie t::: (640=BBLW) Dell Client: System Update (Upd t t latest Dell Re:Co a -BIOS, Drivers, Fi rm Ajop.s) Waves 1�I > AudQ {658-BBRB) Dell Developedeeovery Environment (658-BCW) Dell Power Manager (658-BDVK) PROCUREMENT SERVICES. �� P.O. TOTAL: ACCOLINT NO. PROJECT 105-3221-513.52-01 PURCHASING Page 402 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200834 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/06/20 VENDOR 17556 SHIP TO: FINANCIALTO: DELL SERVICES, LLC City of Boynton Beach ONE DELL WAY LIBRARY ROUNDROCK, TX 78682 115 N. FEDERAL HWY BOYNTON BEACH, EL 33435 REQUISITION NO. 75706 ORDERING DEPARTMENT; LIBRARY - MIKE NAUGHTON e DATE NEEDED: CONTRACT NO. F�I 07NAPPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST System Shipment, Latitude 3500 (658-BELE) Direct Ship: Infr Mode. (340 O).. Min Model packaging (340 CLWY) System Snip Info (6.40-BBB) Latatlade 3.5`00 Quick„Start Guide :CZMH.). Regulatory Label, FCC (3&9:i Na Anti Virus Sbftwar x(.650- ) Oa1:7141.dpWO' Media Not Included Smart Sele. tion Shipment (M) (8100:-BBQE) No. Carrying Case (.460-BBEX) No ?locking Station (452-13BSE) :US Paver cord: (5:37-EBBL) Nn Opt on. Included (340-ACQQ) zr (R) a (TM) x5: Processo. r. Labe-: :(38.5 SGB ): . FAN 1a:1 (389-$�) . ENERGY STAR' Qualified. (38:7 ]3NP) No Resource DVD / USB (430-XXYG) US Order (332-1286) PROCUREMENT ERVI E � �,. � � � P.J. TOT L. ® -` . ACCOUNT NO. PROJECT 105-3221-513.52-01 PURCHASING Page 404 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O.OX 310 #: 200834 BOYNTON BEACH,LFLORIDA 33425-0310 DATE: 02/06/20 VENDOR 17556 SHIP TO: TO: DELL FINANCIAL SERVICES, LLC City of Boynton Beach ONE DELL WAY LIBRARY ROUND ROCK, TX 78682 115 N. FEDERAL HWY BOYNTON BEACH, FL 33435 REQUISITION NO. 75706 ORDEMNG DEPARTMENT: LIBRARY - MIKE NAUGHTON DATE NEEDEDCONTRACT NO. COMMISSION APPROVED: A' LINE# QST TITY UOM ITE Om D DESCRIPTION IT COST EXTENDED Safety/Environment and Regulatory Guide (English/French Mult=i: Tari ge) (340-AGIK). Dell ..Limited-Hard re Warrant:' Rxte ed.Y ar (s) De11L it d Hardware Warranty (! 97- 67274> O ox.te/ln'-Home Service Af`t.er em6te Di agno s i�-, Year (997:-6735) ±Onsite%Tn:-Home `.Service After Remote : Dia: noels, . Xar Extended (997;-6737) REMARKS: PURUMSED LAPTOPS *DO XOT MAIL PO* SEND ORIGINAL TO LIBRARY STATH CONTRACT CdNTRACT:#WN08AGW CUSTOMER REEMENT #432.11500-WS -:3 5-ACS PROCUREMENT SERVICES; �, �� ;,,.... �. .�. �� P.O. TOTAL: 24984 .40 ACCOUNT T NO. PROJECT 105-322 .-513 .52-01 PURCHASING Page 406 of 1023 0 I N N I 1 � c 1 r � 1 N i I ;y {v I 1 eD I I I H I O�v H I I I co cov I 1 I i75 FT11 ��" I I Cd] 1 �V CV 1 H I 1 I I I H Q I r Cw 1 a, I I I IS„ I I Ch1 I �`,�� • 1 I Z I +'` crw I Is I I oLn C) E I SCS H I I I Q t£t S e s`p #"I El cli r.6! 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P4 M gy U) i LD �t w gb C 1 X CDf•-f i 0410 La G] C1 L I w(d CY -•d I H 0 i .11 H Q)rd tV 0 LnO O ha �4 a a 0 cc P4 U is ad LO to 0 ri v- > M1 cn u, - C®9 m r a ba I F4 LJ�4 M '0 "' 0 p r'Y V 4.5 Pn I 1 I0 r"P r1$ 1 da rd 0 �v � ra 4 M 0 `°-' G N a7 C� P ri 1 'r d',+` I Ln 4J M i 4J U7 H 03 i Ln Pa '� I 4J V CJ rd 4_5 lea W ®-' I rt 0 r17 Id l� 813 4D Id 0 LD ria 0 -H {Yi 1 Q1 113 a) -.i -ri . W U2 0 r'7 w -4 co G H H I H JJ U) O P4 0 tn 0 0 H 0 rd OS .,i Ln 'a X M H rq 0) M W O -14 rd as +H rd va 0 Q) En -Hr. rn -U d-- H 1 0 H 0 L7 C71 41>®H 'ti ' 0 G ,� 'Cd 0 Ili (d rl --- m 0 > I �€1 1 H -,AU2 a3 d2 Id d) H U H rd Ia] `13 •.a U 4J 'ci U a) CO 0 n N 0 I W •.i IJ a 04 04 PI 0 €a U fay 0 H 0 cU rn -H I la d H �4 .H �3 H r) v2 d5 r31 f 2 C3 U r e H 1 cll t d? rs u ri G ra 5a H �,�+p I 0 -�� rd � 3 sf] era 0 M 0) 0 1 0 173 >" ,meg k� 0 dJ M :j ?a M rS H 4f I u ri 12 Qk 0 ' 'Z5 1.S -H '0 M °4 I -P4 M Q D N ---M P 0 -W 0 0 0 0 s, 0 ra E) 6 a-I - rd 8 10 'C3 >-i I Y13 Q) U x w v rl °H 41 rd 0 c H i.7 w p LJH H 0 1 h-9 r4 r=W U in H r-i r� b4 LQ b1 y I ib 41 1 E-I d1 Q}W to td 0 QJ "�Ye '� ^� �g 6d � m 10 '267 0 Id N I rn 1 F-i I 1 Page 412 of 1023 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10�0100 �s { 4-Feb Requesting Department: Library ie Naughton ext 6399 Explanationr Purchased ii Laptops for public use. Te—comm nded Vendor Dell Dollarr Source r r Three Written Quotations GSA State ontr ct PRIDE/RESPECT SNAPSole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: wn08aqw NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source r State i r nt Funds Department Head &,"-A, Date 0;to Purchasing Agent Date Asst City Manager A Date City n r Date Form Revised 01102 Page 414 of 1023 A quote for your consideration. Based on your business needs, we put the following quote oether to help with your purchase decision. l0 is s detailed summary of the quote we've created t0 help you with your purchase decision, To PrOGeed with this quote, you may respond to this email, order online throughyour Premier page, Or, if you do not have r ir, use this Quote to Order. Quote o. 3000054121868.1 Sales Rei Mike Appi Total $24,98440 Phone (800)456-3355, 7250424 Customer# 861622 Email ik i ll.corn Quoted On Jars. 21,2020 Billing To PAYABLE OUNT Expires y Feb. 20®2020 CITY OF BOYNTON BEACH Deal ID 19242790 P 0 BOX 310 700E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33425-0310 Message from your Sales leap Please contact y to Dell sales representative of you have any questions r when you're ready to place ars order. Thank you for shopping wlth Oehl Paas Mika Appi Shipping r Shipping Shipping Method MICHAEL AEL HT Standard Delivery CITY OF BOYNTON BEACH 115 N FEDERAL HWY BOYNTON BEACH, FL 33435-4114 (561)742-6399 Product ni rice Qty Subtotal Dell Latitude 3500 $624.61 40 $24,984.40 �,. Peg' "416 of 1023 a a Shipping: Non-TaxableAmount: $24,984.40 Taxable ant: Estimated Tax: $0.00 Total, $24,984.40 Special lease pricing may be available for qualified catrnrs and offers. Please contact your DFS Sales Representativefor details. c i i° �� Page`418 of 1023 Shipping Group Details Shipping To Shipping Method MICHAEL NAUGHTON NAUGHTStandard Delivery CrTY OF BOYNTON 115 N FEDERAL HWS" BOYNTON BEACH, FL 33435-4114 (561)742-6399 City Subtotal Dell Latitude 3500 $624.61 40 $24,984.40 Estimated delivery if purchased today: ,#an.23,2020 Contract#wntl agw Customer Agreerneni#43211 00-WSCA-1 - , Description SKU Unit Price Qty Subtotal Cell Latitude 3000 BTX 21 0-ARRG 40 0th Generation Intel Core I5-6 65U Processor(4 Core,6MB 3 6- L0FCl/ 40 Cache,1.6GH €p to 3.90 GHz) - Win 10 Pro 64 English, French,Spanish 619-AHKN 40 No AutoPilot 340-CKSZ 40 No Productivity Software 6306- PIC 40 Intel LJHD 620 Graphics for Intel 3th Gen Care i5-8265U 332- QSW 40 t1 E, 1x30 ,DDR4 Non-ECC 370-AECX 40 K2 256GB PDIe NVitAe Class 35 Solid State Drive 400-BBNS 40 Not selected in this configuration 817-131313C 40 Non-Touch WLAN LCD Cover with HD Carnera ;$20-13t5UI 40 15.6"FHD(19201 x 1080)Anti-Glare Non-Touch,Camera& 391-PEEL 4a Microphone Single Pointing Non-baokiit Keyboard,English 583-BFNE 40 No Mouse 570-AADK 40 Wireless Driver for Intel 9560+Biuetooth 5.1 555-BETS 40 Intel Dual Band Wireless Ads 9560(802.11 do)2x2 555-BES 40 No Mobile Broadband Card 550-E03CD 40 4 Coll 56Whr ExpressCharge'rM Capable gable Ratter 45€-B II 40 6:a Watt AC Adapter 450.-AD1 H 40 No Fingerprint and No Smartcard Reader 346.8E F 40 Fixed Hardware Configuration 998-DKFS 40 SupportAssist 525-BBCL 40 DelIUTM)Digital Delivery Cirrus Dllent 640-BBLW 40 Dell Tient System Update(Updates latest Deli Recommended 6a ® BMF 411 BIOS,Drivers,Firmware and Apps) Waves Maxx Audio 658-BBRB 40 Dell Developed R'sc:very Environment 653-BCLJV 40 Dell Power Manager 5511-CtDVK 40 Pago 420 of 1023 System Shipment,Latitude 3600 658-BECE 40 Direct Ship Info Mod 340_ SO 40 Min Model Packaging 340-CL-WY 4 Systems Ship Info 640-St3JB - 40 Latitude 3590 Quick Start Gulde 340-CLMI-I 40 Regulatory Label,PDC 339-DP Z, 40 No Anti-Virus Suaftware 650-AAAM 40 OS-Windows Meda Not Included 620-AALW 40 Smart Selection Shipment(M) 600aSS P 40 No Carrying Case 460-BBEX 40 No Docking Station 452-BBSP 40 CIS Power Cord 637-813I3t_ 40 No Option Included 340-ACQQ 40 Intel(P)Core(TM)16 Processor Label 369-DGSS 40 A l label 389-BKKL 40 ENERGY STAR Qualified 337-BBNP 40 n No Resource DVD d USB 430-XXYG 40 CIS Order 332-1236 40 Safety/Environment and Regulatory Guide(English/French 340-ANIS 4p M ulkl-langua,ge) DWI Limited Hardware Warranty Extended Years) 376-3461 40 Dell Llrnited Hardware Warranty 997-6727 40 Dnsltelln-Horne Service After Remote Diagnosis, 1 Year 997-6736 40 Onsite/in-Horne Service Atter Remote 2 Year gS7 x73"� 40 Extended Subtotal: $249 .4 Shipping: Estimated`fax. Total: $24,984.40 i i n!'&" C IJ86 `422 of 1023 Important Notes Terms of Sale This Quote wiU:,If Customer issues a purchase order for the quoted items that is accepted by Supplier,constitute a contrast between the entry issuing this Quote(�Suppher')and the entity to whom this Quote was named("Customer')-Unicies otherwise stated herdn,pricing is valid for thirty days from the date of this Quote All product,pricing and other information is based on the latest informaticin avallable and is subject to change.Supplier reserves&m right to cancel this Quote and Customer purchase orders anslng from pricing errors Taxes anchor freight charges listed an this Quote are only estimates.The filial amounts shall be stated on the relevant invoice Additional freight charges w!H be applied if Customet request,,,expedited shipping Pie-ass airimate any tax exemption status on your purchase order and send your tax exemptlon certificate to Tax Department( dell-corn or ARSales"rax@emc corn as applicable Governing Termis This Quote is subject to.(a)a separate written agreement between Custrimej or Customer's affiliate and Supplier or a Supplier's affiliate to the extent that it expressly applies to the products and/or services in this Quote or,to the extent there is no such agreement,to the applicable set of Dell's Terms of Sale(available at http,//www delf-carruiterms or www dell comloemterms),and(b)the terms referenced herein(collectively,the"Governing Terms') Different Governing Terms may apply to different products and services an this Quote The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier Supplier Software Licenses and Services Descrillellons Custorner's use of any Supplier orifiveare is subject to the license terms accompanying ft software,or in the absence of accompanying terms,the applicable terms posted on mcwMell,corn'toula, Desemptions and tannns,for Suppher-branded standard services are stated at wwor deli,com!sewcecoritracistglobaI or for certain infrastructure products at wwar,delletric co-in/an-us/cuatogne,,•sw,,,fmes/r�ng,odurtwarrent"nd-seivice-descrpptmns.htm Offer4pacific,Third Party and Program Spec Terms Customer's use of thud-party software is subject to the Imense terms that acoompany the software Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional,specific tennis stated on wace dell-corn/offeringspecrficterms In case of Resale only Should Customer procure any products or servrces for resale,Miether on standalone basis or as part of a solubon, Customer shall include the applicable software hconse terms,sewrees terms,and/or offer-spectfic terms in a written agreement with the end- user and provide written evidence of doing so upon raceipt of request from Supplier. In case of FInancing only. If Customer intends to enter into a financing arrangement('Financiing Agreement)for the products andrior services on this Quote wrth Dell Financial Services LLC or other funding source foe-approved by Supplier('FS'),Customer may issue its purchase order to Supplier or to FS.If issued to FS,Supplier mU fulfill and invoice FS upon confirmation that-(a)FS intends to enter into a Financing Agreement with Customer for this order,and(b)FS agrees to procure thane items from Supplier Notwithstanding tha Financing Agreement, Customer's use(and Customer's resale of and the end-usees use)of these items in the order is subject to the applicable governIng agreement between Customer and Supplier,except that We shall transfer frorn Supplier to FS instead af to Customer. If FS noliff ies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items,or it Custorner falls to enter into such Financing Agrwrnent within 120 days after shipment by Suppliers Customer shall promptly pay the Supplier invoice amounts directly to Supplier. Customer represents that this transaction does not involver (a)use of U S Government funds,(b)use by or resale to the IJ-S Goverriment or (c)maintenance and support of the product(s)listed in this document within classified spaces,Customer further represents that this transaction does not require Supplier's compliance with any statute,regulation or intrinnation tGehnology standard applicable to a U.S Government procurement, For certain products shipped to end users in Calfforripa,a State Environmental Fee will be applied to Customer's invoice Supplier encourages customers to dispose of electronic equipment properly Electronically braked terms and descriptions are available in hard 00py upon request, Abell Business Credit(DBC), OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER Offered by WebBank to Small and Medium Business customers Wth approved credit Taxes,shippring and other charges are extra and vary Minimum monthly payments are the greater of$15 or 3%of acrountbalance Dell Business Credit is neat red to government or public entities,or business entities located and orpsinized outradia of the United States 'W P°804 424 of 1023 AMENDMENT NO.: 1 - Renewal PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Master Agreement No.MNWNC-101 Dell Marketing LP And The State of Florida Afternate Contract Source No.43211500-WSCA-15-ACS This Amendment("Amendment")effective April 1, 2017, tot Computer Equipment, Peripherals, &Services Contract No. 43211500-WSCA-15-ACS ("Contract"), between the State of Florida, Department of Management Services ("Department7) and Dell Marketing LP ('Contractor") are collectively referred to herein as tles."All capitalized terms used herein shall have the meaning assigned to the in the Participating Addendum unless otherwise defined herein. Contract Renewal. The Department hereby executes its renewal option for a three(3)year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is March 31, 2020. I. Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes.All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting oft i will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. III. Public Records. The Participating Addendum is amended to add the following: If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency asp vi section 11 9.0701(2)(b), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency 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, F.S., or as otherwise provided by I . (c) Ensure that public records that are exempt orconfidential 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 public agency. (d) Upon completion of the contract,transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency 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 Page 426 of 1023 shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 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 CONTRACT MANAGER. Ill. Annual Appropriation.The Participating Addendum is amended to add the following: Pursuant to section 287.0582, F.S., if the ACS binds the State or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the ACS is contingent upon an annual appropriation by the Legislature. IV. Cooperation with the Inspector General. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractors integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: http".Hdos.myflorida.com/library- archives/records-managamenVgeneral-records-schedules/), whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractors compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. V. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. VI. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. Contractor Paici ting Addendum Contact Name Katherine Dunay Address One Dell Way, Mail Stop RR 1-33, Round Rock, Texas 78682 Telephone 512-723-0818 Fax 512-283-9092 E-mail Katherine Dun 1I.Com Page 2 of 3 Page 427 of 1023 Akii"a¢u nx•'`` a.,,., ..nxm,,, k,Z b,''_ssk"d RS}OSx;TP` �It r+.,r+..w.,w,nxrvm,,,nvs**n,,,,,,,mnnnnnrwim,,,m, a,,,mnnx.,.mwww,.a...,„,v, ;naM.w.,mw.,m.................n;w-m,,,,,,,,,,,,,,,,,,,exvmm,,,,,,,,,,,,,;7 Man,%upennommiti m rx 3 ——-------- ..... � n �m ......... �nn�,w�,w...�......... S"wterto al'Florlds, t of AlLan-,mu. w"y'ant Y!, am@ .Nn �n.,mn� 000000ea�4 W R BvA x ��vaY '� � � � .m.m.mw'�m. ,611 1�ti","wk��auti�miaa t�6aV��n.w s run � �ti�titititititititi n rn p„n „a ww �, �, �,v Nei �� n � nu �'� ��h sia, � llk;` '`� ';„ � n nU .. n,,,,,,,,,,,,,, s� a+ ate, .,w�,w�,w�,w�,w � ,, ,, ��. �� n„nm ,,,,,,,,,,,,,,,,,�,,. Page 3 of 3 Page 428 of 1023 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No:MNWNC-108 Dell Marketing,L.P. And The State of Florida Dell Contract Code WN09AGW Alternate Contract Source No.43211500-WSCA-15-ACS Page I of 11 1. jqgDe:The to of Minnesota,Department of Administration,Materials Management Division publicly conducted a Request for Proposal on behaff of the State of Minnesota and the National Association of- State Procurement Officials Cooperative Procurement Program(NASPO ValuePoint)resulting In Master Agreement number MNWNC-108.The Master Agreement led by the State of Minnesota aloeth a multi-state sourcing team,was created for use by state agencies and other entities that are authorized by that state's statutes to utilize coo perativeagreemes,upon written approval of the State's thief procurement official. The Master Agreement for computer equipment(desktops,laptops,tablets,servers,and storage,and ruggedized devices,including related peripherals&services)identifies the product bands awarded to the Contractor. This Participating Addendum(Addendum)Is made and entered into as of the Effective Date by and between the State uf Florida(Participating State)and Dell Marketing,L.P. (Contractor).This Addendum allows for purchase of computer equipment from the Master Agreement.This Addendum shall not diminish,change,orimpact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contractor under the terms of the Master Agreement. 2. Partici tion:Use of specific NASPO ValuePoint cooperative agreements by eligible users authorized by a Participating StaWs statutes are subject to the prior approval of the respective State Chief Procurement Officer. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Officer. 1 order of fteredence: in the event of a conflict,the following documents shall have priority in the order set forth below: a. This Participating Addendum b. Exhibit 2,RUR 1000 c. Exhibit 1,Minnesota ASO ValuePoint Master Agreement No.MNWNC-108. Contractor Modiflcations or Additions to terms and conditions. Notwithstanding any term to the contrary In Exhibit 2: a. Returns and than es. Additional fees,including up to a 15%restoddng fee,may apply. Dell will Page 429 of 1023 PARTiaPATING ADDENDUM to the NASPO ValuePoInt Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT' Administered by the State of Minnesota Master Agreement No:MNWNC-108 Dell Marketing,L.P. And The State of Florida Dell Contract Code WN0BAGW Alternate Contract Source No.43211500-WSCA-15-ACS Page 2 of 11 notify eligible user If such fees apply upon receipt of return request. b. 59ftmarlLicensing. The terms of the Master Agreement shall be the controlling terms with respect to Software licensing, c. Payment Eligible User will make every effort to notify the Contractor within thirtV.(30)calendar days following delivery of non-acceptancot of a'Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service,the Product and Services will be deemed accepted on the 31st day after delivery of Product or completion of Services. ® Subcontractipir Contractor may retain subcontractors from time to time in the ordinary course of business to perform Imaging or Custom Factory Integration,warranty,break/fix,administrative and back office services,provided that such subcontractors will not have access to Eligible Us confidential data(other than billing and contact Information)and provided that Contractor shall remaI n responsible for the performance of its obligations under this Addendum. e. DiijjnEy. F.O.B.Destination. Title and illsk of loss pass to customer upon delivery.Dell standard 3-5 day ground shipping and handling will be paid for by Contractor. There may be additional fees for custom shipping or delivery requests,including but not limited to inside delivery,which will.be quoted to customer upon request. S. Earticipating State Modifications or Additions to Master reement: A. Upon ex'ecution of this Addendum,all e[Wbie users may purchase products and services under contract using the Florida alternate contract source number 43211500-WSCA-15-ACS. Eligible users acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified In this Addendum. 1. The following are modifications to the Master Agreement: a. PUR l000 Form..,General Contract Conditions,is attached hereto and incorporated herein as Exhibit 2 b. Discriminatory Vendors.A vendor placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not be awarded or perform work as a contractor,supplier,su b-contractor,or consultant under a contract with any public entity; or transact business with any public entity. C. Effective Date:This Addendum shall become effective on the last date signed below and is Page 430 of 1023 PAWICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procureinent Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement NO:MNWNC-108 Dell Marketing,L.P. And The State of Florida it contract code WN08AGW Alternate Contract Source No.43211500-WSCA-15-ACS Page 3 of 11 coterminous with Exhibit 1,unless terminated earlier by the Participating State. d. Vendor Registration and Transaction Fees.,In order to complete any transaction between an eligible user and the Contractor,the Contractor must be registered with the Department of State,Division of Corporations(www.sun biz.o[gi In MyFloridaMarketPlace.Section 287.042(t)(h), Florida Statutes,and Rule -1. 1,Florida Administrative Code,is hereby incorporated by reference.All transactions are subject to a transaction fee pursuant tot rule. This fee amount will be adjusted to the Contractor's Master Agreement pricing and not invoiced or charged to the Eligible User. e. Purchases. Inorder to procure products and services hereunder,eligible users shall issue purchase orders or use a purchasing card is shall reference Florida alternate contract source number 43211500-WSCA-15-ACS.Use of a purchasing-card is permitted at the time of order placement only,and not permitted for payment of invoices Issued by Contractor. Eligible users are responsible for reviewing the terms and conditions of this Addendum including all Exhibits. f. Compliance with Laws:The Contractor shall comply with all laws,rules,codes,ordinances, and licensing requirements that are appkable to the conduct of its business,Including those of federal,State,and to I agencies having jurisdiction and authority. By way of non- exhaustive example,Chapter 287 of the Florida Statutes and Rule 6OA-1 of the Florida Administrative Code govern this Addendum. By way of further non-exhaustive example, the Contractor shall comply with section 274A cvf the Immigration and Nationalization Act, the Americans with Disabilities Act,and all prohibitions against discrimination on the basis of race,religion,sex,creed,national origin,handicap,marital status,or veteran's status. Violation of any laws,rules,codes,ordinances,or licensing requirements shall be grounds for termination or nonrenewal of this Addendum. g. Additional Eligible User Terms:If any additional ordinance,rule,or other local governmental authority requires additional contract language before an eligible user can make a purchase under this Addendum,the eligible user is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. h. Provisions of section 287.058,Florida Statutes:The provisions of section 287.058(l)(a)-(c) and(g),Florida Statutes,are hereby Incorporated by refereace. 1. Public Records:The Contractor shall all public access to all documents,papers,letters, or her material made or received by the Contractor In conjunction with this Addendum, Page 431 of 1023 PARTICIPATING to the NASPO ValuePoint Cooperativet Program COMPUTERI T MASTER AGREEMENT Administered by the I Master Agreement'No:MNWNC-108 II Marketing,L.P. And The State of Florida 11 Contract Alternate Contract - Pap 4 of 11 unlessx _ from section 24(a)crfArticle I of the State Constitutionr subsection 119. ,F lorlda Statutes.The Pa rtidpatingilrlly terminate this Addendum if the Contractor refuses to allowlie access as required f tis section. If,under this Addendum,the Contractor Is !ng services and is acting public agency as provided under subsection 11 . ,Florida Statutes,the Contractor must: ( ) Keep and maintainpublic c y s that ordinarilynecessarily would be required publicthe in order to perform . ( ) Provide the publicaccess to publicterms n it` s that publicthe Id provide the records and at a cost that does not exceed the cost provided In Chapter 1 ,Florida Statutes,or as otherwise providedt . (3) Ensure that publir.records that arer confidential and exempt from public records ' closure requirements are not disclosed except as authorized law. ( ) Meet all requirements for retaining public records and transfer,at no cost,to the public ll Oublic recordsin possessionContractor upon termination this Addendum and destroy any duplicatepublic records that are exemptr confidential t from public records disclosurerequirements. ll records stored `electronically must beprovidedpublic In r is compatible with the Information s I y systems of the Department. J. The State of Flodda"s performance andobligation r this Addendum i contingentri y the Legislature.The vendor shall comply with section ,Florida Statutes and section2Floridaa ,prohibiting use funds to lobby the Legislature,Judicial, r state agencies. B. Contract ,This Addendum and Its I its set forth the entire parties with respect ) r of the contract. C. I ntellectual Property:The parties do not anticipate that any intellectual ill be developed s a result of this v r,unless specified in the Statement entered into by Dell and the Eligibler,the rights,title and interest in any deliverablesr intellectual r ioped as a result of this Addendum shall be subject to the terms of Section r Agreement Page 432 of 1023 PARTICIPATING ADDENDUM tot NAS PO ValuePoInt Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No:MNWNC-108 Dell Marketing,L.P. And The State of Florida Dell Contract Code WN08AGW Alternate Contract Source No.43211500-WSCA-15-ACS Page 5 of 11 0. Employment Eligibility Verification:Pursuant to State of Florida Executive Orders .: 1-0 and 11-116,Contractor Is required to utilize the U.S.Department of Homeland Security's E-Verify system to verify' the employment of all new employees hired by the Contractor during the contract term,Also,Contractor shall require resellers/partners performing work or providing services under this Addendum to utilize the E-Verify system to verify employment of all.new employees hired by the reseller/partner duringthe Addendum term. E. Price List/Preferred Price:The Cont ractoesprice list will be the same as the WSCA-NASPO price list, and the Department will post a link on the Department's webs1te to the price list posted on the WSCA-NASPO website. Contractors are encouraged toprovide special pricing and/or tiered discount rates applicable to State of Florida Eligible Users wherever possible. Paragraph 4(b)of the PUR1000 Is not applicable. F. Scrutinized Company List:In executing this Addendum,Contractor certifies that It is not listed on either 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.Pursuant to subsection 287.135(5),Florida Statutes,Contractora r s the Participating State may immediately terminate this Addendum for use if the Contractor is found to have submitted a false certification or if 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 during the to of the Addendum. G. Orders:Any Order placed by eligible use under this Participating Addendum referencing Alternate Contract Source No.43211500-W5CA-15-ACS for a product and/or service available from the Master Agreement shall be deemed to be a sale under and governed by the prices and her terms and conditions of the Master Agreement and this Addendum unless the parties to the Ordera ree in writing that another contract ora emnt applies to such Order. 1. The Contractora res to meet the following requirements: a. Provide appropriate contact information for ell g!'ble users to use for pro duct and/or service inquiries and purchases,as well as,the most up-to-date product/service offering the Contractor Is authorized to provide in accordance with the Master Agreement;and b. If orders are to be sent to resellers/partners for fulfillment then the Contractor is Page 433 of 1023 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No:MNWNC-109 Dell Marketing,I,P. And The State of Florida Dell Contract Code WN08AGW Alternate Contract Source No.432115W-WSCA-15-ACS Page 6 of 11 responsible for providing and updating this list of authorized resellers/partners for use to the Participating State/Entltv. 2. Contractor must be able to accept purchase orders via fay,e-mail,or cXIVIL as Identified In H.1 below. H. Electronic Invoicing:The Contractor shall supply electronic invoices in lieu of paper-based invoices rt transactions processed through the MyFloridaMarketPlace(M FM P)with in n Inety(90) days from Addendum effective date.Electronic Invoices shall be submitted to the agency through the Arlba Network(AN)in one of three mechanisms as listed below: 1. cXML(commerce eXtensible Markup Language) This standard establishes the data contents required for Invoicing via cJXML within the context of an electronic enAronment.This transaction set can be used for Invoicing via the AN for catalog and nog goods and services.The cXML format is the Arlba preferred method for e-Invoicing. 2. EDI(Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set(810)for use Within the context of an Electronic Data Interchange(EDI)environment.This transaction set can be used for Invoicing via the AN for catalog and non-catalog goods and services. 3. PO Flip via AN The online process allows Contractors to submit invoices via the AN for catalog and non- catalog goods and services.Contractors'have the abift to create an Involcedirectly from their Inbox in their AN account by simply'llipping"the PO Into an Invoice.This option does not require any special softwins or technical capabilities. For-the purposes of this section,the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP,a state contractor,the right and license to use, reproduce,transmit,distribute,and publicly display within the system the information outlined above. Inaddition,the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks,logos,trade dress,or other branding designation that identifies the products made available by the Contractor under the contract. Page 434 of 1023 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No:MNWNC-10B Dell Marketing, L.P. And The State of Florida Dell Contract Code WN08AGW Alternate Contract Source No.43211500-WSCA-15-ACS Page 7 of 11 The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. I. Contract Quarterly Reports:The Contractor shall submit a Quarterly Report in the Standard Report Format and with the Data Elements,described below,electronically tot a Participating State/Ent'. ty within 30 days of the end of the quarter.The Contractor will cooperate with -Participating State/Entityto accommodate reasonable requests for additional reports within 30 days written notice of such request,provided such additional reports are within Contractor's standard reporting capabilities with respect to data elements and format("Contractor Standard Reports"). Custom reports not within Contractor's standard reporting capabilities may be available upon request for a reasonable fee to be quoted upon Contractoes review of the request.Fai lure to provide the Quarterly Report or her Contractor Standard Reports reasonably requested by the Participating State/Entity may result In the Contractor being found in default and may result In termination of this Addendum. Sales will be reviewed on a quarterly basis.Should no sales be recorded In two consecutive contract quarters,the Participating State/Entity may terminate this Addendum. Standard Report Format and Data Elements: Contractor shall report detailed sales data under this Participating Addendum In the format as required under the Master Agreement. Data elements on such report Include: • State; • Entity/customer type,e.g,local government,highere uctio ,K12,non-profit; • Purchasing Entity name; • Purchasing Entity bill-to and ship-to locations; • Purchasing Entity and Contractor Purchase order identifier/number(s); • Purchase Order Type(e.g.,sales order,credit return,upgrade,determined by industry practices); • Purchase Order date; • Ship Date;and • Line its description,including product number if used.The report shall be submitted. Page 435 of 1023 B PARtICIPATING to the NASPO ValuePoint Cooperativet Program EQUIPMENTCOMPUTER Administered y the Statef Minnesota Master Agreement No:MNWNC-108 It Marketing,l. . And The State of Florida 11 Contract Alternate t 4321-ACS Page 8 of 11 Reports shall be delivered to the ParticipatingState/ I i lly through email; , jump driver other electronic matter as determinedthe Participatingj J. Business Reviewi Participating / right schedule usi review meetingss frequently as necessary.The ParticipatingState/Entity ill provide the format r the Contractoes,agenda.Priort r shall sicompleted agenda to the Participating t j vi acceptance.The Contractor shall address the agenda items and any of the Participatingte/Entitys additional concerns at the meeting. Failure to complysection result in the Contractorl in default and Addendum termination. K. Commitment to Diversity In Government Contracting: Floridacommitted supporting s diverse businessIndustry and populationensuring participation I , i ice-disabled veteran businessenterprises In the economic life of the State.The State of Floridar ProtdS6 Programs minority-, -,wartime-,and service-disabled veter si s enterprises with privatecorporations t business development mentoring.We strongly encouraget i s with the State of Florida to consider this initiative. Information tProgram,please contactOffice Supplier Diversity at(950)487-0915s I request,Upon the Contractor shallr to the Officelir Diversity spend certified and other minority businessr ris .These ill include the periodv , minority r I Employer Identification i vendor utilized during the,period.Commodities and services provided by the minority business enterprise,and the amount paid to eachr r on behalf of eachi r r! underthe terms of s Addendumb L, s II j Contractor may useresellers/agents in order to providecomputer equipment services. I I rsj a n II be the directresponsibility . The Contractor is responsible fbir all liability,terms and conditionsi r Agreement this Addendum.The Contractor shall make alldeterminations is entities the State of Florida that te Contractor authorizedreseller/agent may supporL The Conr resellers/agents'paici ill be In c conditions s In the Page 436 of 1023 PART11CIPATING ADDENDUM tot e NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT R AGREEMENT Administered the State of Minnesota Master Agreement No:MNWNC-108 Dell Marketing,L.P. And The State of Florida Dell Contract Code WNDBAGW Alternate rSource 211 r 5 - - Page 9 of 11 aforementioned t r Agreement and this Addendum.If a reseller/agent is authorized business an behalfe Contractor a s ll r Is to receivecompensation Contractor for Its services,then any dispute between the Contractor and the reseller/agent reseller/agentshall be resolved a Contractor and the reseller/agent.The State Florida is not a party to any agreement entered into een the Contractor and its resellers/agents. r shall be responsible to report ll contract les(and pay any associated f transaction fees),including hose of any such sell ( rs and shall ensure that all such resellers/partners following requirements: Have an ACTIVERegistration with the Florida Department ,Division of Corporations (www.sun Registered in the MFMP Vendor Information I (htt Wj Ivenjo1 ri ar t c .c Not be on the State of Florida's Convicted,Suspended,or Discriminatory lists s. ori a.c usiness r ti ns Stat urc si ven or inor atio nlc l i e suspended iscri i colli olaints vendor lis Have copy of e-Verify Status on file Have current . filed it h Florida e of Financial Services (ht os: /five n tori a o®co Contractor authorized Resellersshall provide quotes,accet purchase orders,and accept payment from entities orderingunder this Participating en . Contractor authorized Agentsare authorized to provide quotes,sales assistance,configuration guidance n ordering support for hardware,software and services available this Participating Addendum.Contractor authorized Agents ARE NOT authorizedo accept orders,purchase orders or payment from entities ordering under this Participating . M. Primary Contacts:The primary government contact individuals for this Addendum areas follows(or their named successors): Page 437 of 1023 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procumment Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnescita Master Agreement No:MNWNC-108 Dell Marketing,L.P. And The State of Florida Dell Contract Code WN08AGW Alternate Contract Source No.43211500-WSCA-15-ACS Page 10 of 11 Contractor 9aName Katherine Dunay Address Dell Marketing,L.P. One Dell Way F-fialisto RPI-331tound Rock,TX 79692 Telephone 512-7 28-4805 Participating Entity Name Jerilyn Bailey Name dress Florida Department of Management Services 40SO Esplanade Way,Suite 360,Tallahassee,FL 32399-0900 Telephone 950-921-4072 E-mail N. Warrant of Authority:Each person signing this Addendum warrants that he or she is duly authorized to do so and to bind the respective party. 6.Lease Agreements.Leasing is allowed under this Master Agreement pursuant to Paragraph 39 of the PUR1000,and the separately negotiated Dell Financial Services L LC Master Lease Agreement for those entities utilizing this Participating Addendum who are authorized to enter Into lease agreements u nder applicable law. Any assignment by a n eligible user of Its purchase order to a third-pa rty financing company(other than Dell Financial Services,LLC)must be approved In advance In writing by Contractor,and in no case shall any such approval excuse eligible user from its obligations hereunder. 7. Terms.The Participating State is agreeing to the tenms of the Master Agreement only to the extent the terms are not In conflict with applicable law. IN WITNESS WHEREOF,the parties have executed this Addendum as of the date of execution by Contractor below. Page 438 of 1023 PARTICIPATING ADDENDUM to the NO ValuePoInt Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of M Innesota Master Agreement No:MNWN C-108 Dell Maiketirig,L.P. And The State of Florida Dell Contract Code WNOBAGW Alternate Contract Source No.4321ISM-WSCA-I5-ACS Page 11 of 11 Participating State- Contractor: Florida Dell Me LP By: By: Name, 6:YIA Name:Lauren D.Newberry Title: Title: Contracts Consultant Date: -'6-ate: 8/14/2015 F1 a Chic rocurer: him:office r N arm e: Roz Ingram U Title, Director of State Purchasing and Chief P t PTIC—er Date: Please email fully executed PDF copy of this document to PAM nasggyga IMg22jfl=to support documentation of participation and posting in appropriate date bases. Page 439 of 1023 Exhibit 2 43211500-WSCA-25-ACS,Computer Equipment State of Florida PUR 1000 General Contract Conditions Qntoras 1.Definitions. 2.Purchase Orders. ®Product Version.- 4.Prim Changes Applicable only to Term Contracts. 5.Additional Quantities. ®Packaging. 7.Inspection at Contractor's Site. 8.Safety Standards. 9.Americans with Disabilities Act. 10.Literature. 11.Transportation and Delivery. 12.Installation. 13.Risk of Loss. 14.Transaction Fee. 25.Invoicing and Payment. 16.Taxes. ®Governmental Restrictions. 19.Lobbying and Integrity, 19.indemnification. ®Limitation of Liability. -21.Suspension of Work. 22.Termination for Convenience. 23.Termination for Cause. 24.Force M ajeu re,Notice of Delay,and No Damages for Delay. 2S.Changes. ®Renewal. ®Purchase Order Duration. 28.Advertising. 29.Assignment. 30.Antitrust Assignment 31.Dispute Resolution. ®Employees,Subcontractors,and Agents. 33.Security and Confidentiality. ®Contractor Employees,Subcontractors,and Other Agents. 35.Insurance Requirements. 36.Warranty of Authority. 37.Warranty of Ability to Perform. 38.Notices. ' 39.Leases and Installment Purchases. 40.Prison Rehabilitative Industries and Diversified Enterprises,Inc.(PRIDE). 41.Products Available from the Blind or Other Handicapped. 42.Modification of Terms. ®Cooperative Purchasing. FUR 1000(10/6) 60A-1-M2,F.A.C. Page 440 of 1023 Exhibit 2 43211500-WSCA-15-ACS,Computer Equipment 44.Waiver. 45.Annual Appropriations. 46,Execution in Counterparts. 47.Seve.rabill tV. 1. Definitions.The definitions contained in s. A- . 1, F.A.C.shall apply to this agreement.The following additional terms are also defined: (a) "Contract' means the legally enforceable agreement that results from a successful solicitation.The parties tot Contract will be the Customer and Contractor. (b) '7CustomerO means the State agency or her entity Identified Ina contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer' may also be the "Buyer" as defined Int PUR 1001 If it meets the definition of both terms. (c) NProduct" means any deliverable under the Contract, is may 'include commodities, services, technology or software. (d) 'Purchase order" means the for or format a Customer uses to make a purchase under the Contract (e.g., a formal wrn purchase order,electronic purchase order,procurement card,contract or other authorized means). 2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to Incorporate by teference the Contract and solicitation terms and conditions'Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved In favor of terms most favorable to the Customer. A purchase order for services within thea bit of section 287.058(l)of the Florida Statutes shall be deemed to Incorporate by reference the requirements of subparagraphs(a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15)and(1 6)of the Florida Statutes. 3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order,unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4. Price Changes Applicable only to Term ContractL If this is a term contract for commodities or services, the following provisions apply. (a)CLuarittty Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract.State Customers shall document their files accordingly. (b) st ricin r.. feduoed-49-#m4odeg-p*:e.—ThIs section is not applicable in accordance with Section S(E) of the Participating PUR 1000(10/6) 2 6OA-1-002,F. .C. Page 441 of 1023 Exhibit ' A- ,ComputerEquipment ............................................. n O Sa. les Pr2motions. In additionto decreasing prices for the balancer to a change in market conditions, a Contractor may conduct sales promotions Involving ri reductions for a specifiedlesser period. A Contractor shall sthe Contract Specialistdocumentation Identifying the proposedstarting dates of the promotion, (2) products Involved, and (3) promotional prices comparedthen-authorizedi . Promotional prices shall v i I all Customers. Upon approval,the Contractor shall provide conspicuous notice promotion.of the -I trade-in ipment when making purchases from the 6ritract. A trade4nshall negotiatedthe Customer and the Contractor. Customers are obligatedto activelyseek current fair market valuer i equipment,and to keep accuratethe process. For State agencies,it provide documentation to the Department of Financial Services and to the agency property custodian Chaoter 273,F.S. (e) Egulta&AdWItMaL The customer may, In Idiscretion, make an equitableadjustment in the Contract terms r pricing If pricingr availability of supply Is affected by extreme and unforeseenvolatility in the that tis® by circumstances t satisfy all the followingcriteria. ( ) the volatilityIs due to causes wholly Contractor'scontrol, (2) volatility affects the marketplace ori just the Contract source of supply, ( )t pricingavailability supplyis substantial, )the volatility r r that continued performancef the Contractresult in a substantial loss. S. i QuantWies.For a period not exceedingi (90)'days from the datef solicitation award,the Customer rightreserves the i tis up to the amount shown on the solicitation but not to exceedthe threshold for Category Two at the prices submitted In the responseto the solicitation. S. Packaging. Tangibleshall be securelyl shipment, , and stocking in appropriate,clearly labeled,shipping Iners and according to accepted commercialpractice,without extra charge materials,for packing cases, or r types of containers. All containers and packagingI c In Customer's. 7.Inspection t Contractoes,Site.The Customer reserves the right to inspect, t any reasonable ime with prior notice, the equipment r product or plant or other facilities of a Contractor to assess conformity with Contractit n and to determiner they are adequate and suitable for proper.and effective Contractperformance. B.SdM Standards.All manufactureds and fabricatedss i s subject to operationunder pressure,operation by ion to an electric source, or operation Involving r , natural, or LP gas source shall be constructedIn a manner acceptableto the appropriatet Inspector. Aweptatillity customarily i s, at a minimum, f ii rfng of the appropriate safety standardorganization, where such r Is of listings have been establishedi nfurnished, r : the American cf f Mechanical Engineers for pressure vessels, rite Laboratories National Electrical Manufacturers' Association for electrically operateds li s;and the American Gas Associations- operated assemblies. In addition,all items furnishedshall II applicable requirements and Health Act and state and federal requirements relatingt clean it and water pollution. ®Americans with DisabilitiesI identify y be used or adapted for use by visually,hearing,or other physically impaired Individuals. PUR Iwo(1 ) 3 F.A.C. Page 442 of 1023 Exhibit 2 43211500-WSCA-15-ACS,Computer Equipment 10. Literature. on request, the Contractor shall furnish literature reasonably related to the product offered, for example,user manuals, price schedules,catalogs,descriptive brochures,etc. 11.Transporitation andDelivery. Prices shall include all charges for packing, handling,freight,distribution, and inside delivery. Transportation of goods shall be FOB Destinationo any point within ti (3 ) days after the Customer places an Order. A Contractor, ii a (5) days after receiving a purchase order,shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. .Installation.Where installation is required, t or shall be responsiblefor placing and installing the product In the uired locations at no additional charge, unless otherwise designatedn the Contract or purchase order. Contractor's authorized productn price list shall clearly and separately Identify any additional installation cha es. All materials used In the Installation shall be of goodall shall be free of defects that would diminishe appearance of the product or render' structurally or operationally unsound. Installation includes the furnishingany equipment, rl i n arils required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or Injury use rin installation by Contractor or Its employees oragents. If any alteration, dismantling,excavation,etc., is required to achieve installation,the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference st ers and withper consideration of others on site. Upon completion the installation, the location and surrounding area of work shall be left clean and In neat and unobstructed condition,with everything in satisfactory repair and order. 13.Risks. Matters of Inspection and acceptance are addressed In s.215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damageclaims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Ladingand damage Inspection report. When a Customer rejects a'product, or shall remove it from hpremises within ten days after notification or rejection. Upon rejection notification,the risk of loss of rejectedor non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contra or, and the Customer shall have the right to disposeit as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejectedproduct. 14, Transaction Fee. The State of Florida has Instituted Flri a rketP lace, a statewide rocur a System ("System"). Pursuant to section 7. 57(23), FloridaStatutes(20D2), all payments shall be assessed a Transaction Fee of one percent(1.0%),whis a Contractor shall pay to the State,unless exempt pursuant to 0A-1.032,F.A.C. For payments i hin the State accounting system (FLAIR or its successor),the Transaction Fee shall, hen possible, e automaticallypayments o the Contractor. Iautomatic deduction is not possible,the Cont r shall pay the Transaction Fee pursuant to Rule 6OA-1.031(2), F.A.C. By submission of these reports and corresponding payments,Contractor certifies their correctness.All such reports and paymentsshall be subject to audit by the State or Its designee. Contractor shall receive a credit r any Transaction Fee paid by the Contractor for the purchase of any it (s) if such it (s) are returned to the Contractor through no fault, act, oromission of the Contractor. Notwithstanding the foregoing, a Transaction Fee Is non-refundable when an it is rejected r returned, r declined, due tot e Contractor's failure to perform or comply withspecifications or requirements of theagreement. P R 10 (10/6) 60 -1-002,F.A.C. Page 443 of 1023 Exhibit 2 43211500-WSCA-15-ACS,Computer Equipment Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor In addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT -SERVICES.VENDOR LIST AS PROVIDED IN RULE 60A.1.005,F.A.C. 1S. invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable,and the appropriate vendor Identification number.The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option,Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Servic6. Current guidelines require that Contractor supply electronic invoices In lieu of paper-based invoices for those transactions processed through the system. Electronic Invoices shall be submitted to the Customer through the Ariba Supplier Network(ASN)in one of the Mowing mechanisms-EDI 810,cXML,or web-based invoice entry within the ASK Payment shall be made in accordance with sections 215.422 and 297.0585 of the Florida Statutes,which govern time limits for payment of Invoices. Invokes that must be returned to a Contractor due to preparation errors will result in a delay in payment.Contractors may call(850)413-7269 Monday through Friday to inquire about the status of payments by State Agencies. the Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay In payment,shall not constitute a breach of the Contract and shall not relieve the Contractor of Its obligations to the Department or to other Customers. 16.Taxes.The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property.The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer In the special contract conditions section of the solicitation or In the Contract or purchase order. 17.61cmernmental Restrictions.If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material,quality,workmansh ip or performance of the produ cts oftred u oder the Co ntrai Ct the Contractor all Immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 18. Lobbying and integrity. Customers shall ensure compliance with Section 11.06Z FS and Section 216.347, FS. The Contractor shall not, In connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision,opinion, recommendation,vote,other exercise of discretion,or violation of a known legal duty,or(2)offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause(2),'gratulty"means any payment of more than nominal monetary value In the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscelptions, advances, deposits of money, services, employment, or contracts of any kind . Upon request of the Customer's Inspector General,or other authorized State officiaI,the Contractors II provide any type of information the Inspector General deems relevant to the C ontractor's integrity or responsibility. Such info"nation may Include, but shall not be limited to, the Contractor's business or financial records,documents, or files of any type or form that refear to or relate to the Contract.The Contractor shall retain such records for the longer of(1)three years after the expiration of the Contract or(2)the period required by the General Records Schedulias maintained by the Florida Department of State (available at: httg:jLdlis.dos.state.fi.us Lbarm&e-nEchedules&ensched.htm). The Contractor est reimburse the State for the reasonable costs of Investigation Incurred by the Inspector General or other authorized State official for Investigations PUR 1000(10/6) 5 6OA-1-002,F.A.C. Page 444 of 1023 Exhibit 2 432115OD-WSCA-15-ACS,Computer Equipment of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and, lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 19. Indemnification. The Contractor shall be fullyliable for the actions of Its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents,and employees,from suits, actions, damages, and costs of every name and description, including attorneys' es,arlsing from or relating to personal injury and damage to real or personaltangible property alleged to be caused In whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not Indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every. name and description, Including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however,that the foregoing obligation shall not apply to a Customer's misuse or modification of Contrackoesproducts or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit,or in theContractor's opinion is likely become the subject of such a suit,the Contractor may at Its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing, If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product,the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. TheContractor's obligations under the preceding o paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor(1)written notice of any action or threatened action, ( )the opportunity to take over and settle or defend any such action at Contractoes sole expense, and (3) assistance in defending the action at Contractor's sole expense.The Contractor shall not be liable for any cost, expense,or compromise incurred or made bythe State or Customer In any legal action without theContractor's prior written consent,which shall not be unreasonably withheld. .Urnitation of Uablifty.For all claims against the Contractor under any contract or purchase order,and regardless of the basis on which the claim is made,theContractor's liability under a contract or purchase order fbr direct damages shall be limited to the greater of$100,OW, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain In this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special,indirect, punitive,or consequential damages,including lost data or records(unless the contract or purchase order requires the Contractor to back-up data or records),even if the party has been advised that such damages are possible.. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings.The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by oragainst them.The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. PUq q1 (10/6) M-1 2,F.A.C. Page 445 of 1023 Exhibit 2 43211500-WSCA-15-ACS,Computer Equipment Suspension . The Customer may In its sole discretions y or all activities under the Contract or order,purchase at anytime, when in the best interests sprovide Contractor written noticeoutlining particulars suspension. ExampI s suspension Include, but are not limited i , declaration of emergency, or other such circumstances. i suspension ti ,the Contractor shall comply with the noticeshall u s orders.Within ninety r any longer period agreed to by the Contractor, r shall either ( issue ticauthorizing resumptionrk,at which timeshall r( )terminate the Contract or purchase order.Suspension of workshall not entitlethe Contractor to any additional compensation. Termination F . The Customer, written i r r, may terminate the Contract in whole or in part when the Customerdetermines in its sole is is in 's interest so. The Contractor shall not furnish i ice of termination,- x scomplete continuedthe I the Contract,if any.The Contractor shall not be entitledto recover any cancellationcharges r lost profits. Termination23. .The Customer may terminatei!s to (1)deliv withinispecified In the Contract or any extension, {2} maintain adequate progress, thus endangering performancef the Contract, r any term of the Contract,or( )abide by any statutory, I licensing requirement. I . ), , governs the procedureconsequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors i r,the Contractorshall be liable r any excessis If the failurer is from events completelyo I, withoutand the fault or negligence, of the Contractor. If it r to performIs caused by the default of s subcontractor at any tier, if the causethe defaultis completely beyond the control of both the Contractor and the subcontractor, ut the fault or negligencer,the ContractorI t be liable excess for failure to perform,unless the subcontracted ai 1 r sources in sufficient i Contractor to meet the requiredI . I ,after termination,It Is r mIned that the Contractorwas not in excusable,default or that the default was the rights and obligationsparties shall be the same asift termination issued i st remedies of the Customer In this clause in additionremedies provided by law or under the Contract. Delay,24. Force Majeure, Notice of Damages for r shall not be responsible ly resulting s failure to perform if neither the fault nor the negligenceContractor r its employees or agents contributed to the delay and the delaydirectly to acts of God,wars,ads of public enemies,strikes,fires,floods, or other similar c s ll Contractor's control,or for any of the foregoingthat affect subcontractors or suppliers E supply Is availableto the Contractor. In n Contractor believes is c s ,t Contractor1 Customer i writing t I r potential ley describes o t I it 1) within t cause t creates or will create the delayt arose, If the Contractor could reasonably foresee that a delayl s a result,or(2) if delay is not reasonably foreseeable, withinv ( r first had reasonI lcould SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT' TO DELAY. r I in strictce with this paragraph Is a conditionr such remedy.No claimr damages,otherthe.nforan extension of time, shall be asserted againstCustomer. T II not be entitledincrease in contract 'ce or payment of any kind from the Customer for direct, Indirect, cos i , impact r other costs, expenses r damages, including but not limi s acceleration or inefficiency, arising because of delay, disruption,interference,or hindrance from anywhatsoever.If performance is suspended or delayed,in whole or In part,due to y of the causes describedin this paragraph,after the causes have ceased to existr ! performincreased cost, unless the Customer determines, in its sole discretion,. t the delay will significantly Impair the valueContract r to Customers, in which casethe Customer may( allocated PUR 1000(10/6) 6GA-1-002, F.A.C. Page 446 of 1023 Exhibit 2 432115 S -15-AC'S,Computer Equipment performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respecto products subjected to allocation, or(2) purchase from other-sources (without recourse to and by the Contractor for the related costs andexpenses)to replace all or part of the products that are the subject the delay,which purchases may be deducted from the Contract a i y,or( )terminate the Contract in whole or in rt. 25.Changes.The Customer may unilaterally require, by written order, changes altering,addingto, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitableadjustment i the Contract price or delivery a if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise,the Customer may solicit separate bids to satisfy them. 26. Renewal. Upon mutual agreement,the Customer and the Contractor may renewthe Contract, in whole or in part, fora period that may not exceed 3 years ort the term of the contract,whichever period Is longer. Any renewal shall specify the renewal price,as set forth In the solicitation response.The renewal must be in writingsigned oth parties,and is contingent upon satisfactory e o n evaluations and subject availability of funds. 27.Pumhase Order . Purchase orders Issued pursuanto a state term or agency contractmust be received b the Contractor no later than close of businesson the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders In accordance with the contraces terms and conditions. Purchase orders received by the contractor ar close of business on the last day of the state term or agency contract's term shall be considered void. Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through e performance the Contractor,and all terms and conditions of the state term or agency contractshall apply to the single live / e or an ,and shall survive thetermination of the Contract. Contractors are requiredto accept purchase orders specifying delive schedules exceeding the contracted schedule en when such extended delliv ill occur after e !ration o state t or agency contract. For le, if state term contract calls for delivery 30 days after receipt of order (ARO), and an orderspecifies delivery will occur both in excess of 30 days ARO andafter expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly andin writing notifies the ordering office }thin ten(10)calendar days of receipt of the purchase,or er that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase ordpr will either be amended In writing by the ordering entity within ten ( ) calendar days of receipt of the contractor's notice to reflect the state term contract deliveryschedule, or It shall be considered ih . The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However,if an extended pricingplan offered in the state term or agency contractis selected by the ordering entity,the contract terms on pricing plans and renewals shalt govern the maximum rtion of purchase orders reflectingsuch pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contractshall apply to the recurring delivery/performance s provided herein,and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued rsnt to a state term or agency contractthe underlying contract expires prior to the effective ate of the rens al. U (10/6) 6OA-1-002,F.A.C. Page 447 of 1023 Exhibit 43211 -tii ,Computer Equipment ZL Advertising. j ,Florida Statutes,the Contractorl u licly disseminate any irrformation concerning the Contractr r, including, t not limitedI the Contract in a press release or other promotionalmaterial,identifying the Customerr the States a reference,or otherwise linking r either a descriptionthe Contract or the name of the State or the Customer in any material published,either in printr electronically,to any entity that is not a party to Contract.except potential r actual authorized distributors,dealers,resellers,or service representative. Assignment.29. The Contractorshall not sell, assign or transfer any of its rights, duties or obligationsthe Contract, r under any purchaser issued pursuant to the , without the prior written consent Customer. In ss' ,the Contractorremains secondarily liable for pmance of the contact erforr , unlessCustomer expressly waives e liability. Customer y assignt prior noticewritten Intent to do so. 30. Antitrust Assignment. The C*ntractor and the State lrda recognize thati !c , resultingovercharges n rust violations are in fact usuallyr Florida. , the contractorssi s to the State of Floriday and allclaims for such overcharges as to goods, materials or servicess in connection the Contract. Dispute31. . Any dispute concerningf the ContractII be decidedCustomer's designated contract , who shall reducedecision serve a copy on the Contractor. The decisill be final and conclusiveit f y one ( 1)days from thef receipt,the Contractor files with the Customer a petition for administrative hearing. s decision on the petitions I r ,subject to the Contractor'st to reviewa t r 120 of the Florida Statutes. Exhaustion of administrative remediesis an absolutecondition precedent to the Contractor's ability to pursue any other formresolution; provided, that the partiesI the alternativeis rc rs outlined In Chapter 120. Without limiting inexclusive legal or equitable action that arises out of or relates to the Contract If be the appropriatecourt in Leon County,Florida; such i n,Florida law shall parties waive any right jury trial. 32.-Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, r agents perforining under the Contract shall be properly1 c ici y specified trainingI r ti . request,Upon Contractor shallis y of technical c ° 'c i r proof of qualification.All employees, subcontractors, or agents performingunder the Contractsecurity i isr tive requirements of the Customer and shall comply with all controlling laws and regulations relevant the services t are providing t y conduct,and the Contractor shall cooperate i ,a security check or otherwise assess1 nr r, or agent furnished by the Contractor. The State may refuse access to, or require replacementr cause, Including, limited i l or training qualifications, quality of work, In c r' , non-compliance i s is security or other requirements. Such approval shall not ! r r of its obligation to performl r In ' the Contract. The State may reject and bar from anyfacility s any of the Contractoes , subcontractors,or agents. ® Security and Confidentiality. r shall comply fully with allsecurity c f the United States, State of Florida in performanceContractor shall n i f third i confidentialinformation i tr r or its agents, distributors, resellers, su r r employees in the course of performingContract work, Including, limited , security procedures, business -1F.A.C. Page 448 of 1023 Exhibit 2 211500- - 5-A muter Equipment operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be requi to keep confidential information or materla I that is pu blicly available th rough no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that Is otherwise obtainable er State law as a public record, To insure confidentiality, the Contractor shall take appropriate st s as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 34. Contractor Employees, r r Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida.Such actions include, but are not limited to,ensuring that Contractoes employees, subcon ors, and other agents receive benefits and necessaryinsure (health, workers' compensations, and unemployment) from an pier other than the State of Florida. . Insurance iDuring the Contract terin, the Contractor at its sole expense shall provide commercial insurance of such a type'and with such terms and limits s may be reasonably associated withthe Contract. Providing and maintaining equate Insurance covera e Is a material obligation of the Contractor. Upon request,the Contractor shall provide certificate of Insurance.The limits of coverage under each policymaintained the Contractor shall not be interpreted as limiting the is liability and obligations un er the Contract. All insurance licies shall be through insurers authorized or eligible to wr' a policies In Florida. 36.Warrardy of Authoft.Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 37.Warranty ill r ,The Contractor warrants that,to the best of Its knowledge,there Is no pending or threatened action, proceeding, or Investigation, or any other legal or financial condition, that wouldin any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations.The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained any other state or the federal government.The Contractor shall Immediately notify the Customer In writingif its ability to perform is compromised in any manner during the term of the Contract. 38. Notices. ll notices required under the Contract shall be deliveredy certified mail, return receipt requested, y reputable air courier service,or by personal delivery to the agency designee identified in the original solicitation,or as. otherwise identified by the Customerr Notices to the Contractor shall be delivered to the person who signs the Contract.Either designated red plent may notify the other,In riti ,if someo ne else Is designated to receive ice. 39.Leases and InstallInstallmeft Purchases. prior approval of the Chief Financial Officer( s defined in Section 17.001,F.S.)is required for State agencies to enter Into or to extend any lease or installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 40. Pelson RehabilitativeIndustries i i Enterprises, Inc. (PRIDE). Section 6.515(2), F.S. requires the following statement to be included in the solicitation: "it Is expressly understood and agreed that any articles which are the subject , or required to carry out,- a Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) i the same manner and under the same procedures set forth in section 6.515(2) and O of the Florida Statutes, and for purposes of the Contract the person,firm,or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation ars concerned," Additional information about PRIDE and the products it offers is available at LUR.Awww.pridefficorn. PUR 1 (10/6) 1 6OA-1-DO2, F.A.C. Page 449 of 1023 Exhibit 2 432115DO-WSCA-15-ACS,Computer Equipment 41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "it Is expressly understood and agreed that any articles that are the subject of, or required to carry out,this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(l)and (2),Florida Statutes;and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned."Additional information about the designated nonprofit agency and the products it offers is available athftp-Ewww.respectoffIrl 42'Modification of Terrhs.The Contract contains all the terms and conditions agreed upon by the parties,which terms and conditions sl govern all transactions between the Customer and the Contractor, The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, Including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally mod6- the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or Inclusion of standard preprinted forms,product literature,"shrink wrar terms accompanying or afted to a product,whether written or electronic)or by Incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment.The Customees acceptance of product or processing of documentation on for furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 43. Cooperative Purchasing. Pursuant to their own governing laws,and subject to the agreement of the Contractor, other'entitles may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor,and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s.287.042(16)(a), F.S. This statute requi t 'it the Departmenof Management Services to determine that the requestor's use of the contract Is cost-effective and In the best Interest of the State. 44.Waiver.The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 45.Annual Appropriations.The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 46i Execution In Counterparts.The Contract may be executed In counterparts,each of which shall be an original and aI l of which shall constitute but one and thisame instrument. 47.Severability. If a court deems any provision of the Contract void or unenforceable,that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. PUR 1000(10/6) 6OA-1-002,F.A.C. Page 450 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 p 0 #• 200841 P.O. BOX 310 YTON BEACH, FLORIDA 33425-0310 DTE: 02/12/20 VENDOR 10688 SHIP TO: TO® WACO FILTERS CORP City of Boynton Beach 11701 N.W. 100TH ROAD, SU WEST WATER ADMIN MEDLEY, FL 33178 5469 W. BOYNTON BCH . BOYNTON BEACH, FL 33437 RE UISITION NO. 75700 ORDERING DEPARTMENT: UTIL PWTP/VSA , r DATE NEEDED- CON" CT NO. COMMISSION APPROVEM EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1500 . 00 FKA PA05FDP405MIC 40 2-7/1.6 OD NSF 6.9200 10360. 00 61 FD REMARKS REPIACEMENI'.. CARTRIDGE FILTERS:?REQUTRED FOR ANR MEMHRPRE TREATMENT PROCESS. S(3LE :8OURCE sm PROCUREMENT C [REI ENT SER ICES; ro P 0 TOTAL: 10380. 00 ACCOUNT NO. PROJECT 401-2811-536.52-75 PURCHASING Page 452 of 1023 Cq C) 0 C14 P ci C3 Cz� n9 � OC3 C) co Ea hi cq m 0 z E-1 C)EI 10 CD z1a C) C) W 0 r C� E/U , C� CD m I 'm OD ca : rn en 0 8 :1 N 0 g pa H m C) CD w EA 0 I N L EI r4 L) I m Ln H 0 LD .2, 0 LL C3 0 0 W. CD pi Fl CD I H I EA rg :09 8x : 0 U � I IN 0 EA >i z H0 rx m N EI pw pq H rq E-1 pq M oz z 0 QM H % M 0 F-I 0 N I i Uz 0 Pl E-1 a4 W Ix rn MH M 0-1 H N w 0 z ul 0 N 04 H 'i M cri P4 LD 12 WO r., E-4 PFJ z 4a OWL, M� 0 040 k4 opq P4 4-) 0 Im W I u w I Ln r- I HH Ln Sil Q) en z ji m 0 i iLO I a) Ee F-I I OE-4R �4 E-i -N 41 H ON 0 P4 0-0 rh nx EI 0 H nOO Ln GI] w PO4W I E-q 0 ai H 4 W 0 Page 454 of 1023 wr CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1%000 ' 0 RequestingUtilities O Explanation Replacement Catudge Filtersit for membrane pre-treatment process. SOURCE mendedVendor WACO #10688 Dollar Amount of Purchase Source for Purchase (check and attach backup materials): Three Written Quotations GSA State ontr cPRIDE/RESPECTSNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract r: NOTE: Pricing proposal fbr purchase must be presented in the same detail contained within the contract Fund Source rPurchase: 4011- 1 -536-52-75 Approvals: : 10, rt Date .. �. Purchasing Agent Dat20 ,- t City Manager Date City r Date Form Revised02/01162 Page 456 of 1023 REQUEST FOR REQUISMON ELTYL ENTRY DATE: 02/0412020 ILT.E.REQUISITION# 75700 Cicric VSA I'mcurement Ass't: Director. Liyh___' City M�La_nager(non budgeteJdLLJ_ cV0 !ete c ital andlor$5000+): REASON FOR PURCHASE: Replacement Cartridge Filters required for membrane pre-treatment process. SOLE SOURCE VENDOR INFORMATION: DIVISION: OTHER INFORMATION- Name:-WACO Admin. Date., 214/2020 ASAP (X) Address: 11701 NW 100 Road Engineering Date Needed: 2/20/2020 Confirm. Suite I Cust, Rel. ASAP/Conf. Medley, FL 33178 Distribution BACKUP DOCS. DELIVERY: SUBMrrTED: Phone(contact): Pat Lindsay Water Qual, Quotes/Verbal E.Admin. 40 over$5001 Phone: 30"85-1889 Pumping not E.WTP 41 Fax:305-552-2434 over 32 0 -Ve-ndor Ni;m-ber 10688 PWTreat. (X Bid Does. M W,WTP-42 (X) Meter Serv. ( ) Sole urce tr. P 99 INITIATOR: Ford Babcock, Acting Lead Sewage ( ) Insurance Special Instructions: _Pperator Re uirements. APPROVED: Start r, Project Number: WTR075 Quan. Unft Prioe Desonption &Part Nurn6_e_r Fund De t Basic Eler ON Amount 13500 $6.92 PA05FDP40 401 2811 536 52 75 $10,380.00 SMIC 40'2-7/160 OD NSF 61 FDA $10,380,00 Page 458 of 1023 rs r WACO QUOTATION: ).72968 :�.. kTan 30, 2020 WEST WATER PLANT WACO FILTERS 5469 W BOYNTON BCH BLVD 14802 NW 107TH AVENUE PUBLIC WATER OPERATIONS SUITE 4 BOYNTON BEACH PL HIALEAH GARDENS, FL 33018 Attn: FORD Phone: (305) aSS.-1899 Ship ]. - . (305) 885-2434 p NET 30 DAYS guaranteedPrices are 31, 2020 Unit of unit it pagli2tion tits Measure Price Extension 1! 1 1 , 500 FA 6.92 10,380.00 SMIC 40N -7 FDA Total: 10,380.00 one-stopWaco is a i profitability.branches nationwide. Our goal is to provide solutions that reduce your overall cost of filtration and improve your PleaseThank you for the opportunity to work with you. 1 free to assistance.contact me if I can be of further Sincerely, SalesInside visit1 Page 460 of 1023 s L4Z 1 MGS FILTER Tel*: j 501-0008 PRODUCTSNO: 5)501-0690 mgsifilterproducts0bellnetca January 31, 2020 City Public Water Operations 5469 W Boynton Beach Blvd Boynton Beach, Fl 33437 Dear Sirs: FLORIDA This is to confirmi i is MGS iar Products' sole distributor Floridato the tr market. Commonly used filters distributedt are not limited fbilawing AMR Page 462 of 1023 Prod ,190 9WI.2015 a p W611,46-cerliffid NSF 42 and:N'SF 1 remsema0e, Gary . HowardMGS , Mr Products kc. Page 464 of 1023 MARTIN COMMISSIONERSBOARD OF COUNTY VENDOR COPY PURCHASE ORDER PURCHASE U71LI71ES&SOLIDT P0 BOX 9mc 1°FL 34995 11 1 TI T J T 3100 MN LLMAN DRIVE JENSEN BEACH FL 34957 EMAIL it REQUISITION p. WACO BID NUMBER: 1 NW 1 OOTH =UTILmEs&SOUD D SUITE 1 0 MEDLEY FL 33178 i MOOR NO: =181 So PHONENO. SHIPMENTSALL I Tt PIGMEACK CDWRACT FROM PALM BEhcn.e auris' 119003 QUESTIONS D 0 772-463-6294 1 57500 495.00 MA 6. $3,425.40 1495) MSG FILTERST SPA05FDP40 5 MICRON 40" 2®7116" OD NSr 8ry1 P5 REQUIRED rOR THE OPERATION THE E OSMOSIS TREATMEKT 20 41.02 3409 05200 536 3,42504 NQUIRIES: NANCY SCHEIDEGGER-USE DISCOUNT! .00 ® 5653 tis TOTAL: 3,425-40 I- _ nangm must sow wall Mmko.eMpnmk affl n2ated dammwdafiM Signature: sWred pumhm Dale. XJAM, T In an dkmdw bra by wrbdna the C ADA CmdngW(772) 151. o F100ds Rday7ll, Adminialration arbyamT#AngemoomstWtytedbackf&matwwwaurftfl4ahomsdgNrfndbak. Page 466 of 1023 City of Cooper City 2020-7227 PO SM 1 ° r ! Tel: 954-434-4300 x#268 Vendor Quota .- CM OF GEORGE GARBA - k u i L © By: Requisk. ' ; RequiredTax Earript 85-10012646412C-9 Bate: 0131=20 2 `Cos � ` WACO FILTERS CORPORATION F.O.S.Ter 26661 NETWORK PLACE - 1266 CHICAGO, IL 60673 ALM) , + . y t° Phonse 305 ! -885-2434FM 305 \' . L . . MQUIMN06FRI � a � NOTES: _ ` n % ! 2,400 EA P -RUERS &emG ! CRY use oft. : $16,68fL00 45"11-MB350-533 $146M.00 Appraved ; C et L&L ° ` Date: - Purchasing Aged Pw 1/1 Page 468 0 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200852 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/18/20 VENDOR 18035 SHIP TO: TO: USA GARAGE DOOR, INC City of Boynton Beach 4851 NW 103RD AVE UNIT #5 EAST UTILITY ADMIN SUNRISE, FL 33551 124 E. WOOL13RIGHT ROAD BO TON BEACH, FL 33435 REQUISITION NO. 75695 ORDERING DEPARTMENT: UTIL/ADMN HLK DATE NEEDED. CONTRACT NO. JC�OMMII:S:SE�ON APPROVED; EXTENDED LINE# QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST 1. 00 EA LIFT ST SL SERIES 24 VC 2000 . 0000 2000 . 00 SLIDING GATE OPERATOR Liftmaster SL series24- VDC sliding crate opertttb.r:..: with bac ;. p battpi i s: : ,.' 2 1 , 00 EA NEW -1 QX3OX2 4 CONCRETOPE T6R :1500 0000 1500. 00 PADS WITH :I-ASER New::-30x30x24 concrete operat.dr'-: pads' .wm.th- laser elevation -&....broomed. edge finish . . ......... 3 1. 00 EA 8TAINLESS.:.:ROLLER CRAIX#40 :(3.5. 1 1150-:0000 1150 , 00 4 3 . 00 E& 0:-VERSIZED. SAW T. IN GROUND' LOOPS 4: 0::0;00 1200 . 00 0 v-ersized -saw ciit i d groun- loops. W? and ai=l idk asp#alt rubb.er caulk 5 00 EA LINE NEAR AK SERIESTANDALONE 0 0 0 450 . 00 KEYPAD 6 3 . 00 DEFLECT METER PLUG IN LOOP 900 . 0000 2700. 00 MODULES 7 3 . 00 EA UI, REQUIRED OMRON: INDUSTRIAL ... . . . . . . .350 ,0000 1050. 00 SAFETY BEAMS 8 3 . 00 EA PAIR AB.S::OMRON IN HOOD KITS. :10 0'0.0 300. 00 9 1. 00 EA LIF 'ST L019G RANGE 800 SERJS 2`5.0 . 0000 250. 00 RE6. T V 10 1. 00 EA EXTENDEll.':::R-'WGE,::ANT. NWA:. 180 . 0000 180. 00 11 4. 00 EA LIFTMASTER. 1 B10TT0N :RE MOTT::..." 40 .0000 160. 00 TRANSMITTERS 12 1. 00 EA SUPER ALUMINUM GOOSENECK 190 . 0000 190. 00 PROCUREMENT SERVICESo IEO::TOTAL: ACCOUNT NO. PROJECT 403-5000-533 .65-02 WTR127 PURCHASING Page 470 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200852 BYTON BEACH, FLORIDA 33425-0310 DATE: 02/18/20 VENDOR 18035 SHIP TO: O: USA GARAGE OOR, INC City of Boynton Beach 4851 NW 103RD AVE UNIT #5 EAST UTILITY ADMIN SUNRISE, FL 33551 124 E. WOOLBRIGHT ROAD BO ON BEACH, FL 33435 REQUISITION NO. 75695 ORDERING DEPARTMENT: UTIL/ADMN HLK e" 4 i DATE NEEDEM * CO T NO. COMMISSION APPROVED? EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 13 1. 00 EA 16 X16 X20 CONCRETE CALL BOX 1300 . 0000 1300 . 00 PAD BROOED 16 x16 x20 concrete.-call box pad broomed and:, edge finish 14 1 , 00 EA CARD:READER: HNExyaEL,L 200 .0000 200 - 00 PROXIMITY.) : . 15 1. 00 EA EMERGENCY KEY SWITCH .AND BACK 250 . 0000 250 . 00 MOUNTING PLATE 16 1. 00 EA S iW CUT AND REMOVE ASPHALT AND290.';0000 290. 00 �§kELL.ROCK (2 5 , ms 17 1. 00 EP ('2 S CONCRETE AMD RE1M. FOR 4 'I O Cf 0 0 4 0. 0 0 IJRI3TEi9AX OTEE I`2 )cancrete and t6ba� for ailveway. ,footer 2 x12 . X25 18 7. . 00 EA ( 5 } HEAVY DUTY V .TRACK WITH 3.00 . 0000 300. 00 REMOVABLE ANCHOR 19 2 . 00 EA; COPPER GROUND RODS WITH. 13ONDING 3 97..5000 79. 00 PLUGS ADM CABLES' 20 1. 00 EA PARTS ;. . LABOR INCLUDED IN. ABOVE 1006.0000 1000. 00 �TdB RE S AUTO TED EGATE XH ,E}j''1V0R MAIN FRONT ENTRANCE ACCESSTHAT'.LEADS bIRECTLY INTO WATER TREATMENT PLANT, WATER "SUPPLY SYSTEMS, AND ADMIN BUILDING. PROCUREMENT SERVICES: :EP.O. �TA 14�99. 0 ACCOUNT NO. 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W� E-4E-4 H E-4 E-i P E4 E4 ,r m H m N,M m M w M m m m EEEEEEEEEEEWE zgzgzgzAzgzgzgzgzgzgzAZA�14gz4zgzgzgz4zgzg s H 4 H,4 H'I H m H m H w H H H H H w H w H pd H m H,4 H m H m H M H'I H 01 68 Ls es is is Iz 0 to a -M LS 4 Is cm Ls r,x N N N N N N N N N N N N N N N E. r0 0 0 0 a a Q 0 0 0 C> 0 C3 0 0 0 0 0 0 a Lf] In to m m m m m m m m m m m n m m M LA M w w w w w w w w w w w w z m 0 I I Lry m m m m m m Ln 0 Ln LO Ln m 0 m m m m m m H I I N0 0 0 0 0 0 0 0 0 0 0 0 0 C> C3 CD O 0 0 0 z H I Ino a 0 o o 0 o o a 0 (D 0 0 0 a o o o o 0 E-1 0 al CD 0 CD C3 C3 C3 C3 C3 0 0 0 0 a 0 0 0 0 0 0 H L1 rlP 1 1 0 m m m n m 0 n m m m m m m m m m m m w m P 0 H I 1 Um m m m m m m m m m m m m m m m m m m m E-i H r- w m 0 1 N M LA W t, CO M 0 00 HM1 I 1-4 H Iq H -4 ri -1 -q H H H N Or Page 478 of 1023 C3 C) eye Ln CD cq I 'I- : cq tS 4-1> ul m ryl 0 LO z 0 0 0 0 cn IQ z � 0 0 ra H P4 P P4 Q Pa P4 C4 E-4 040 m� o)d Ul 1 DT a1 OU u v 4J U 4J q a)W 0 6 VIO old as S-,i m rd U 4-3:: l 44 -1 0 p P r.P0�l w 0 V E-4-H 0 044.) lojOuou U-i 43 24 Ed-i 0 ED—1 a)O-W m 0 5�4 4JH4-5 —4P4w m Aj MI-4-4-H(d FOC 1 0>�i M PQ �4 Ul-r-i U E 0 W —1 >1 A r-i 44 r-A -H&4 is aFW 1-14 j:)4-4 0 M04" 10 w ul 0 u Z rd(d 04J 4-1 10 a)t3im-W 9 WO H PQ 10�d rm$4 E-4 >�'d%0 'd r4 p A0 .0 0 4-1Id04W p44 M 9)a) U rd w 4 r-ici 0(d m 1 Cie' M 4-3 A4 E-4 LH M(d Page 480 of 1023 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10t000 Department:Date: 6-Feb-20 Requesting Utilities Explanation CPurchase: The City ilii f an automatedsecurity tmain front entrance access that leads directlyinto our Water Treatment Plant, Water Supply Administration Building. te will provideI for our municipalfacility, whichre safe guarding publicftp structures and assets. Recommended Vendor USA Garage Door Dollar Amount of Purchase a 999.00 Source r Purchase (check and attach backup materials): Three rItten Quotations State Contract PRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted Emergency Purchase Other Contract Number: WTR1 27 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Purchase:Fund Source for Account �c *„ t .. ,, _ . - Departmen Head ., --- 77 i ' ,. � TDate Asst City Manager Date CityManager Date -ell iu 1 2,C) Form 02101102 Page 482 of 1023 H.T.E. REQUEST FOR REQUISITION DATE: 1/2812020 H.T.E. IT' ## 75695 ontract CoordinatorHL Prop Director: City .,.ate C ital and/or$ 0 The City of Boy' ton each Utilities is in need of an automated security e for our main front entrance access that leads directly into our Water Treatment cant,Water Supply Systems and Administration Building. The automated gate will provide controlled entry for our municipal ipal facility, which will ensure safe guarding public safety, structures n assets. VENDOR INFORMATION, i i Name. USA GarageDoor Admin. ( ) e: 412020 ( Engineering ( } ate Needed: 212512024 ori rm. ( } Address: 5405 NW 102nd Ave Bay 219 Oust, Rel. ( } ASAP/Conf. ( } Sunrise, Fl, 33351 Distributi n ( DELIVERY: Phone(contact). 566-234-2007afar net. ( Quotes/Verbal ( } ire. 0 (X) over um in ( ) not rte (X) E.WTP 41 r $2,000 Vendor Number. 1 035 PWTreat. Bid Does. W.WTP 42 Meter Serv. ( Sole Source Ltr. ( ) P/U { } Howard rr Sewage { ) Insurance ( e ial Instructions: Re uirements: APPROVED® trrr� r. . ( ) Project r: IAITP127 uan. Unit Price Description &Part Number Fund DeptBasilcElem Obi Amount 1 L' raster SL series 24 VDC sliding gate 403 5000 533 65 02 $2,000 _gperatr with back up batteries 1 New 30 3O 24 concrete operator pads with 403 5000 533 6 10500 laser elevation &broomededge finish 1 Stainless roller chain#40 (358) 403 5000 533 65 02 $1,150 3 Oversized saw cut in ground loops with wire 403 5000 533 65 02 $1,200 and blackas €salt rubber caulk Linear AK series standalone keypad 1 DO 533 450 Deflect meter plug in loop modules 3 403 0 533 65 02 $2,700 Page 484 of 1023 UL required rnnron industrial safety beams 403 5000 :5T3365 02 1,050 FairF3 rn n rain hood kits 3 40 5000 55 02 $300 Lift aster ion n 00 aeries receiver 1 403 000 533 65 02 $250 Extended n Ante=kits 1 3 533 65V02 $160 U trnaster 1 button mote transmi e 4 403 000 533 65 160 Super Aluminum gooseneck 1 3 5000 533 65 02 $100 16" 1 'g ncrete call box pad 1 broomed and edge finish403 5000 533 65 02 $1,300 Card reader(Honeywell proximity) 403 1 f5000 533 52 ::$:200 emergency switch and back mounting 1 plate 403 000 533 5 $250 Saw cut and remove asphalt and shell rock 1 (25°) 403 5000 533 65 02 $200 (2 "}• nret a-ndrebar for drives footer 1 12N12"x25" 403 5000 533 65 02 $450 (2 ") Heavy duty v track with re ovable 1 anchors 403 5000 533 65 02 $300 Copper ground rods with bondingplugs and bis 3 000 33 5t02 $1,000 .00 1 Labor 4 00 533 5 @00 Page 486 of 1023 The City of Boynton Beach Ulifides d24 oo d Phone(361)7il"M , FAX.(561742-098 OFFICE OF THE DIRECTOR OF UTILLITIES QUOTATIONS ITEMS ® 0111 1 prate installation labor VENDOR 1: USA Garage Door /2CONTACT PERSON: / 2 Engineer@cabbcondo.com 866-284-2997 QUOTE® $14,999.00 VENDOR#2: Banyan Technology exp 1/28/2020 CONTACTPERSON: Mark co NUMBER:PHONE 1-954-709-0598 T20, .0 VENDOR#3: Fencing SouthTori 1/ /2420 John Kedam PHONE NUMBER: 561-402-1962 2 9.50 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT, Page 488 of 1023 ACIOR CERTIFICATE OF LIABILITY INSURANCE On 1 020 Ti CERTIFICATE IS A FINFORMATIONL CONFERS CHOLDER, L , T IA C ET AFFIRMATIVELYNEGATIVELY , 7 VE F ICI L T IU TC T CCT EI 9 I , A UTHORIZED MV 0REPRESENTATIVE OR T CERTIFICATE HOLDER. IMPORTANT. ff�thecerdficate holder I n ADDITIONAL i 3U ,the II y I t ITI I U I ma or be endorsed, If SURROGATION 18 WAIVED, subject to then condi the SII t It I nA statement an this carIfficate does not rF has to the holder In PRODUCER E"la#139 { ) 556 _ 702 370 3020 W.DmErardSuite - 13 trl[ Irlulea Plantation FL 33312 u T C INSUREDUSA IEr� IARC IVE 2425 GARAGEINC Sup 1 NW 103RD AVE u IT 55FI �ur� DundeeFL 33351 6 E a COVERAGES CERTIFICATE U THIS 16 TO CERTIFYT THE POLICIES OF IEU ABOVE FdR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN°RE UI CR CONCI ION CF C Eli ROCU ENT WITH RESPECT RICH THIS CERTIFICATE E ISSUED OR MAY INERT E EtI OE AFFORi E0 THE LICI E3CRI EE HEREIN M U TO THE 3, EXCLUSIONS D CONDITIONS O SUCH FOLIC g.I I '�I4AVE SEEN EOU C Iia. MISS INSURANCETYPE OF Y COMMERCIAL GENERAL LITY FSIsLIMITS W4 OCCURRENCE 1,000,000 CLAIMS-MADE I M r WW100, MED PAP t 5 5.0 A x PJRKK-O002=19 02AS12020 pEPSoNAL A ADVI se 1, .000 GEWL AGGREGATE LI MAPPUE PER: � coo POLICY 0 PRO-T LOC 1, : ow AUTOMOBILE LMWJff �I Agra Lrs ANY AMILCJIR"A , El AUTOS ONLY AUTOS 00446132-002/15f2019 15120 HIRED IL IRS C ,0 AUTOS ONLYAUTOS LYRELLA Lake 1 ,0 FIF 10,000 ��e _ CUREXCESS LIAR AFI @USE DE AGGREGATE--- DED -nnm WORKERS COMPENSATION PER YIN TER ANF!NY NER E UTB !i A E.L EACH ACCIDENT 0 yy E.L.DIS_ E- EMP SCRIPTION OF OP9RATIONS below E.L.DIS E-POLICY LINT DESCRIPTION OF OPERATIONS d LOCATIONS d (ACORD 104,Addhiand AwMft Sabeftle,maybe shadARVIROMeNEM Is NqulMce The City of Boynton beach,ftp officam,employees,and agentsare listed as additional Insured it y written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATECF, NOTICE VfiLL BE DELIVERED I THE CITY OF BOYNTON BEACH ACCORDANCE E POLICY PINFIRMONS, 124 EAST WOOLBRIGHT ROADREPRESENTATIVERMED JENA M CANOSA BOYNTON REACH FL $3435 1968-2015 ACORID CORPORATION. 1 rights reservedACORID 25 . ( logo am registeredPage 490 of 1023 Estimate ET003 Page 1 of 1 Estimate TO MA Guage Door BILLTea v Cit,of Boynton Beach/�Howard err NW Vr,1(DAVE .r 5,11.11 r ,�..,, .. .. m.,.�...�...�...�...�..._... .. .. m�am ..._..._..._.. .�...�..._ _.....,„,�,m,�,m,�,...�,m,�,,._.... .. .,,..�...� ...._.w„�., tea,..._.... .. .. ......�...� ...._.,..,�, aa.._..._..... .....�...�.W..._..._. $,st•�:€.atRTt$G'3tt ka,ra O.t.Y.. ,.,..._... .. ,aa ............. -.. .. .............. ..................... —a,.,,... Lifin eter S1.series 24 akOC sliding gats apaystw wkb 'up b t 9 S,ttCI .CPQ d <`,=� ;00 Now 30930s:24 conarete o,paraskur pads a^alth lairat elevation a bro am ed edge finish � tars9lerradr:440 w,' 'Q Ovenized crass oA In ground bops with wire and blacks amphaft rmubur aaulk, $400.59 yt anff.99 Won AK ries slaand Rican ka awd $1150.00 1 defloalearucar Hug€e loop mmdulee $900.00 „MOW wrven iradeaz':rda9 safety beams 5359,00 Pak ADSisome3m maim hood 4ets $1 CaJ.u'.a 3AJ iCtS LfftmarixrHanil range 000 series hea;ivar 82W.us ExleraWd range Antenna less Liftmanter IX kdtm neonate tfansnAfters S. r l€ vleaumgooseneck, `t5"w9N°sWsancretscall box pA3b,antsod and odged ffilah .1`x.201',!,1,110 Cowd r (l§sney:nall prua3mloy) Enverponcy keyswoult and back eraoun ing p9etg Sfawns aspha¢and shell irasuk(25r) I29EI.tJO ”! �'[9rtr+d: (29')omenele.and vvbar'for dfi sway ranter $45001) 72':aV2"a25' (fro)IHea'a.".r cb. "v trach aslth re mvcxabla anchare Cappair ground'rods w t.'dn boa ding plugs and cables :eStJ Parts and#firIn-luded inabove job $1,DU0,00 "=.nuv necevsmy prellnflnahy d-wrn iexl nN ds to be ka place pflov to Iris€, ,,Ah.rn i, .,st Y vc ,,,t;t b I Wee S :Sir o - VI itr„1rr.3%{, t F 'c'ft.v.ra=,I --Any, r.,,,asa�_ ,a�a,.aNal..rF€..cv5s:v°part ,diaa:ya .z�rxTsaarytn,:lr;., .:sr::E''sa ,„.;12; Pwrnh vrsd.,.t,>a.op,.aa”nemsswNOT. ,,.,t m...1vAl Dwb1 r,-rsst:aurmly' Ora, $14,9"_03 rua,„,..wAhnr i,.and m done USA C,a.n e Dow_„ vers t .,.c.,.. verso z,r yt`.aav,....ail a.n ...,juee 3ndt,a,dt area.rmr a:s5:1-.9a. .,v.cva e ,.,,.woos paw-w p=ope a,'ihf,:>°.. n.....i;al Pai'n.a.,,uode 11W,s5 sham m_,.be. keA c5 eny dieclai,vta„'. rnalkliela buypig e., - r.. sarn,avozisn,'d;.aw ,.a,a ;.,cin x nt U".a c i,_n.i .Pa's' ..1D,dcyz 605-n inva"wnplon..,r, >i Ow.ss.,sa,s ieyal knce"s.ar nc,, aof„ . wA,shall be ..,:Pub ft ntw,.voec..w...ow anfixoonoml.e,e l'0, .e fina..,be;r t.ear e. , ;an" ,n,.- G tn".k"Me .�t;a.ui,. Z,,aay. .G a.,,,:;< .cm,em" asal_ o ; m0iq ba";:-, vok.✓` ,ovd,.hc ..oJl� -.,, �ke.C.a,v.1 ,.ee:F.oeee "oet'-aY..a ,..coo '.,7v C- alx,_o ,.,"na'1 ff x. a.,,,.,�_ ,s ,a ,sny r oa,no Tennvved end sAme d by USA Gerais e U s ut vr >za=are.. G9 Np..-„w we „„. Pa 492 of 1023 s:// voices` le.com/a i/' voices/ To h. 1 72 0 Banyan Technology Group Installation of Slide Gate Propowd January 8th, 2020 r r Benevento Document Version: 1. Date: 1/8/2020 Page of 2 Page 494 of 1023 � 3 City cUtilities 124 E. Woolbright Road Boynton Beach, Howard rr Re: East Boynton Beach Gate Conversion to Swing Project Overview Banyan Technology s to manufactureinstall custom slidet north side of the facility i card reader integrated into the eMerge access control. The Cityill provide conduitr the cablingslide operator where needed. QTY DESCRIPTION Furnish install Custom 26' x FAluminum Slide coatedi provided1 Camera to be !city furnish install Liftmaster CLS commercial 24v slide operator furnishinstall HID prox card reader pedestal rem.o v in r idirt, concretepour footer with drainager gate to slideevenly with iii I furnishn install - r asphalt, c new rt footer) Hook up to existing r provided by Cit TOTAL 9 Note. One Year Warranty coversII Labor. Note- Manufacturers r r all Equipment/Material. Manufacturer's r r Liftmaster is for 5 years. PROPOSED BY: ACCEPTED . DATE; DATE: Banyan Technology City of Boynton Beach City of Boynton Beach Banyan Technology Group, LLC PRSP 4962of 1023 Contract Addendum November 1, 2019 City of Boynton each Utilities 124 East Woolbright Road Boynton each, Fl.33435 Howa rd Ke rr 561-313-2 10 Description: Gate fabrication & design, V-track roll to 30'x6' powder coated white Installation of Maximum Controls Gate System with cellular call box & camera Provide & install: (1) Liftmaster SL series 24VDC slide gate operator with back up batteries (1) New 30"x3O"x24" concrete operator pads with laser elevations & broomed & edged finish (35') #40 stainless roller chain (3) Oversized saw cut in ground loops with wire & black asphalt rubber caulk (3) Deflectohmeter plug in loop modules (3) UL required Omr industrial safety beams (3) it ABS Omron rain hood kits (1) Liftmaster long range 800 series receiver (1) Extended range antenna its (4) Liftmaster I button remote transmitters (1) Linear AK series stand-alone keypad (1)Super aluminum gooseneck (1) 1Vx16"x20" concrete call box pad brd & edged finish (1) Honeywell proximity card reader (1) Knox emergency keys it &back mounting plate (25') Saw cut& remove asphalt&shell rock (25') Concrete & r for driveway footer 12"x12"x25' (25') Heavy duty steel V-track with removable anchors (2)Copper ground rods with bonding lugs & cables Any/all necessary conduits &wiring at gate area &to control devices & building access equipment Labor is included Any necessary preliminary electrical needs to be in place prior to installation Permit & Drawings if necessary are not included &will be billed separately Total: $ 32,699.30 50% Deposit: $ 16,349.50 Page 498 of 1023 _ Factory Location * WOOD FENCING SOUTH FLORIDA 605 Whitney Ave. * CHAIN LINK Lantana H.33462 ALUMIBUY FACTORY DIRECT AND NUM SAVE!I 4 Mail sits To PAC Above Address REPAIR ca �� ca THEFT Licensed and Insured Posts In out/In-line U-217 FencingSouthFIorida@gmafl.com 11- -174 -X Walk Gates Customer: r® s n ghtSelf-Close Address: Drive Gates fit JOB Location: Phone:Length : Cell:310 Email: He' ht T 4�jl a92S1 Post ,est Size � - jDZ) DOG TT P Board Width Latch CHAINLINK Height _ ael�217 CIO /V1 Gauge ME Vinyl Coated Color:Black Green ADD S BARBTOP KNUCKLETOP SET TOP STRAIGHT ST TO FELL IN BOTTOM TOP OF FENCE TO FOLLOW T Bottom ll Subdivision • to alp I l a Aar a a as uai �1� ul as a ase al tl 's res a laa , agou1 `r a s `s saiasa a arra 1 'ZZ pue s . as s a 1 �1 u is au iva pJeoe uls 11 -4s p t I j Ser` SI S°Re os jd y al 6L -6 ® 6 u qd'L L- IZ ! t II. uta � o VIDO'lluR o!' PUB ip a pie aaq nu au ydalat ! tl ay t ja uls a"I is P l 1pp. Ba y s s ss a a�aq s a ua� a4 a AQ epp l su011l lA uDads alai}sli i y Punt a • afA 44 00e til# a ul Jed ° 11 a a A oua A '" Z P Hca yap a � a mar a a Aau seal A#t Fund AJa a sal�tsnp l al �aI su �woo�l i uI n; sum aq pinorA Red 04 a J e aawojsno ay1 spun;ivalal�} su'jai au n$aa sl y }i # .aaj a3lt+aas assess Ja Jauuis aya Aue ua� auJ s cs�pus�aigelJ ao�AJa1 I auJ€Jal pug Pao p-ls d a u' a sI u �i ay ey y 3 sea JaJon Z l�at�ay e a ueddaole 01 PuB uu3 qor ! o u0 aldwo3 leDu '1spns aye u! all ,juawAed;o �uenssi a 14 y1 u sa:Je spnp a J0 oo Rue u€�ueds u4 iaal Z y I uguad® a ul s,u� u�JJe �c�u sa€�p 3S ul a el u uoileia a Jadoi ainsua o$a tli ;Bwl4 qua}sada r��apuau a }s �a us Rua saS uJe i ivanbasu031 9,,&0 of 1023 s uaut� �( a a su I a ssJl a�}��uluJJca tad u JauJl3 Sri UB luras diad papaau wjoyad 0%ajua}alanbapeul ue Su`s ny3'at see aslJ Aew ley'1e J TERMS AND CONDITIONS OF CONTRACT 1. Please understand that any representation by FENCING SOUTH FLORIDA,LLC(FSF)regarding an installation date is for the customer's convenience and is our best approximation only. We try hard to give the customer a fair representation of the schedule when asked,but the installation schedule changes daily and at times significantly due to circumstances both within and beyond FSF's control,including but not limited to weather,permit issues,easement agreements,change orders,and progress on prior scheduled jobs etc. 2. Many times a customer wants their fence installed in the same area where cable,sprinkler,pool or utility lines already exist. Due to this potential conflict,even if these items are marked,frequently unseen underground lines are damaged during the digging and/or removal phase of the fence installation. Because these lines are fragile and cannot be seen,the breaking of these lines cannot be attributed to negligence. If a line is broken,the customer agrees to defend,indemnify and hold FSF harmless from any related damages. If appropriate,the customer agrees to apply their homeowner's insurance for coverage. 3. The property to be fenced may have deed and/or homeowners association restrictions,and city or county planning or zoning restrictions. It is the customer's responsibility to check the applicable restrictions on their property to verity that the type,height,color and location etc.,of the fence they have chosen will be allowed. Materials are normally ordered or cut and/or gates are normally manufactured upon receipt of the signed contract and deposit. If the customer is unsure that the chosen fence type will be allowed,and wants to avoid the responsibility for this until appropriate approvals are obtained,it must be noted on the front of the contract. 4. FSF reserves the right to trademark their material by placing a small sign on all installation and repairs. Failure to allow FSF to place a sign will void any and all warranties on your new fence installation unless trademark signs are prohibited in writing by your HOA. * We all want the fence to be located where the customer wants it,therefore,the customer will be responsible to indicate to the crew the proper location of the fence and will provide FSF with an accurate,clear,legible survey of the property...All the property pins should be located and exposed by the customer. If not found,the installation crew will attempt to help the customer find the property pins,but the customer not FSF is responsible for the location of the fence and all consequences associated with the location. The crew will need room to work in order to do the job. The customer agrees to have 2 feet on both of all work and/or fence areas clear of obstructions,ie: trees,bushes,debris etc. If the fence line is not clear when the crew arrives,the crew may clear the fence line and the customer agrees to pay$60.00 per man hour for this service.(1 hour minimum)or the crew may move the fence line to avoid obstructions. This will keep the crews working and help to avoid any extra trip charges. All items fixed to your fence must be removed by the homeowner prior to installation. This includes but Is not limited to electrical conduit,lighting,art and decorations. FSF is not responsible for any damage done to items left on fence. 7. All measurements shown on the front of the contract are approximate and/or nominal. The actual measurements of the fence may vary. 8, Some codes require landscaping and grounding of fences. Customer agrees to do the necessary landscaping or grounding required by local codes,if any,within 10 business days of completion. 9. FSF is not responsible for replacement,repair or reimbursement for damage done to existing pavers,bricks,concrete,asphalt,stone, marble or travertine while removing your existing fence. FSF will remove sand pavers to get a post in the ground to complete the Installation and place them neatly to the side. It is the customer's responsibility to cut and reinstall the pavers after installation. 10. Dirt,rocks,and debris resulting from pesthole excavation will be left on site.Dirt piles and rocks can be removed by the installation crew by customer request only at an additional charge of$10.00 per posthole. Request for this work must be noted on the front of this contract so that it can be done while the installation crew is still on the site. This service is not available if decided upon at the end of the job. 11. This contract anticipates that once the crew arrives at the jobsite,FSF will be allowed to complete the entire scope of the work without any interruptions or stoppages by the customer. Any such interruptions or stoppages may result in additional trip or restaging charges that the customer agrees to pay. A false start or trip charge Is normally$300 for a 2 man crew and$450 for a 3 man crew,but this does vary under certain circumstances. 1 , Any customer request changes or deviations from the specifications or quantities involving extra costs would be an extra charge over and above the proposed contract that the customer agrees to pay. 13. The customer is responsible for damage,theft,loss or vandalism of any material once it is installed or delivered to the site. 14. Any cancellation request must be in writing. There are many costs incurred during the various phases of processing this order. To offset some of these costs,should the customer choose to cancel,20%of the contract,in addition to any direct costs such as special material and permit services,will be charged against the customer's deposit. The balance will be promptly returned to the customer. If these costs exceed the deposit amount the customer agrees to pay FSF promptly. 15, All of our permit charges are at cost and Include the face value of the permit,notary fee,county recording fees,engineer drawings,and permit runner costs. Special permitting may include drainage easement,variance or community appearance board fees etc. Standard ancillary costs run approximately$150 plus the face value of the permit. FSF does not profit from any permit fees to keep costs down. Any permit fees that FSF pays out to obtain your permit are reimbursable by the customer weather the permit is approved or not. 1 , Upon providing FSF with a credit card number and expiration date,customer is requesting that FSF charge both the deposit and final balance to that credit card on the day following the last day of construction. 17. Beginning the day after installation,the customer agrees to pay 20%per month service charge on past due balances. The customer also agrees to pay all costs and expenses of collection of any unpaid balance due under this contract,including but not limited to the costs s to lien the property,file notices etc. Invoices not paid when due void any warranties supplied with the fence. The customer agrees to pay reasonable attorney fees and a cost In the event an attorney is require to represent FSF for any reason related to this contract,through appeal. This contract shall be constructed according to the laws of the state of Florida. All materials provided will remain the property of FSF until fully paid for. FSF is guaranteed unobstructed access and the customers irrevocable permission to enterthe property and remove fence materials if not completely paid for when due, in such cases,the deposit is forfeited. If costs exceed the amount of the deposit amount,the customer agrees to pay the difference promptly. 18. All excess material remains the property of FSF. If FSF Is contracted to remove and haul away existing fence,then that material becomes the property of FSF. 19. All new installations come with a 1 year labor warranty that starts on the last day of installation. There are no material warranties on wood products. Broken gates,fences,hinges and latches that have been impacted are not covered under any warranty, Ea801 of 1023 labor. FSF makes no warranty of merchantability orfitness of these products for any particular purpose,Damage to your fence caused by .. a PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #• 200854 P.O. BOX 310 DATE: 02/19/20 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 17339 SHIP TO: C3: E & F FLORIDA ENTERPRISESCity of Boynton Beach 3141 FORTUNE WAY, BAY 16 PUBLIC WORDS DEPARTMENT WELLINGTON, L 33414 222 N.E. 9tH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 75736 ORDERINGDEPARTMENT: FACILITIES/GM/JJ � � t s CRATE NEEDED: CONTRACT NO. COMMISSION APPROVED: 0182511188 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 13900 . 00 DL RESTROOM/SHOWER 116 REMODEL 1.0000 13 00 . 00 2 13900 . 00 DL RESTROOM/SHOWER 117 REMODEL 1.0000 13900. 00 3 13900. 00 DL RESTROOM/SHOWER ' REMODEL 1.0000 13900. 00 h'EMAR�3 REMMED FIRE STATION $ 2 COM..MISSION APPROVED 8/7/1:8is r RESOLUTION # R18-104 ZtkS.TR.00M:116, 117 118 N SINK:.°(RE PLUMB AS; NECESSARY TO COVER' PLUMBING) 4:8'°X4$!' CANE PNCE CORNER SHOWER: ENCLaSI : WALL::::PANav� (4"X4'° TILE PATT1x M ATat7MINUM. ..°,FRAME.:::LEI3;'�TAPOIZ LIGHTS . 2'X4' �' LN t T.LTNG :GRID 2'X2 TYPICAL CEILING GRID AND FIXTURE LOCATION SUBS: NONE SCHEDULE: TEN DAYS FOR EACH BATHROOM. LEAD TIME TWO WEEKS FOR.MATFRIALS CONTRACT #018:25'1118B TASK ORDER F-16-2019 or PROCUREMENT SERVICES. P.O. TOTAL: 41700 .00 ACCOUNT NO. PROJECT 303-4101-580.62-01 G1901 PURCHASING Page 502 of 1023 0 0 1 1 1 C4 cl 1 `°. u" I FA I N (14 1 W0 ZI 1 U3 U I0 C) C) CD P w 040 1 00 C:) C3 C3 04 r 1 E-4I 855 u m m (q H H r-I CQ co L) 0 q Q F-I w H Ln 1 I Od : cq 1 04M 00 :Rq In R4 UN : 0 a OmmN D�Ch Ln en mmoo z ul I 1 Lq LD Ia. N 'A CL C3 0 0 UO QEA 0 0 0 0 a > 0 0 0 H z U) C� de MC; C; C� 8 a 0 0 0 Nw 0 H H -1 z W I l ir- 1) 0 I en rA Tr a E4 H p Eq 0a cr co c,0 i Z 4 -ri %D q4 Hm (D CD� C3 000 m0 0 9 , 0 0 0 z C300 1 0 1 P4 P4 P4 IL 0 0 0 0 C)(D C) I a) 0 4) Ln 1 0 H I H z M Im r- I _; H P E- C;C;0 I 0 N N r H 000 : P Q U u 0 *-- z m t-Ln Ln a) w m 0 H r-I LO N 14 -,1 1 -ri 0 0 : 2 E E E 8 w E-4 a r I I ca H I H 1 V 4J 4J H Ch Ix > > > rX4 r� en E-0#0 0 0 m 0 10 U-1 c 0 r-I 0 p 2 �w r- m I pa c, 0 C) z :4 : D4 F3 tai�M 001 0 pq > C I z 2"'8'8 H 0 EA DA fto Hu n IH : 10 D4 Hm 14 POI 0 PA z � M M x Da z Q W g/ EA 1 I 0 0 m I I r) t U ul 0 'I 04 w W m rA H I- P P [a o r4z P4 z lxz IN pq M m m 0 m 0 m 0 > > 8 fx VIH m H rA H r 0 0 aj 94 C4 04 H H I Hm z Qt pq I H H F-i 0 0 n44 E- 9 H W m cn 0 H L) 124 1 292222 0 ri 14 La 01 1 HHHH" -W w PQ E-A m Im z m 91 94 �4 O PER w ix I OH OH OH 1 H H H H H H S4 M 0 1 �plq 0 x v 2 rd H 3: t 0 14 m PQ pq PQ m m PQ m 0 P 1 P4 z Ix z W z 1 [a H U I RH CH RH H F-I N Z,-1 w 0 w -AHN H H w w S4 HQ HQQ H�l� I -F H H 040 DC7 40 1 C) C) 0 MH X r4HE n4H I N cq cqw 0 m WD m MSW m�:)w w %D w 6; (d 0 MMP4 mmix 3:m 0� 0 0 0 p 0 0 0 1 co co co z m m m ryl -A (D Z' E-d a r -,E-4 0 -,p0 -,p 0 �4 r-i H 0) 0 p MHz z H Z H 2 121 2 0 a - r� 04 -r-I H am OME 0 v " " 1) g 0 a, E-i F-I 00 00 Um m m 0 16 §9 0 0 0 0 r I OB �m rn rn 0 M :6 t19 m 0 0 0 P 0 Num 408M wm 8 w Im H w 4-1 M m 0 0 -11 r-i co H ®H H w m N (q 1 �H (N (q 0 4J H 8 0 rh m D4 0 a Page 504 of 1023 0 C) N CV r, C) 0 H CO H U) CJ fa r OD CD KA C4 A F-I 0 Ln r, CD Ls z 0 M cq z M >M 1 2 PH, 0 wo Q E-4 Q a P42 p W FA P4 QRA ,x M rA EOZ QQ I 00 M En V) 04 M 99 COi tn r. E 0 rl 41 N w 41 U Id U rd p w 0 0 r as a) d $4 04 �3 4.) 0 r-I -ri N H .14 44 ji rA 0 Ai H Mzr M E4 H u tn a (d 0 P4 to Fa (d M 0(d M �A 0 44 4 P a) P, C 3a z 0 r) 0 pq 04 �A 10 fd Sgo 0 Ir-li us N U OM H Eq 0 : (d rd P4, r-I (U 0 16 �l k 3� 0 H 44 4) 0 iv H 0 0 F-I 14 rh H HI 4jrd :4 1� 16 N M a) ul 04 �j M-H 4 M 40 M r4 H r.�4 - �J U r4 rX4 4 H to Cq M W43 Page 506 of 1023 REQUEST FOR OFFICE ASSISTANCE FROM: I _j�,7gt� rr3 0 6 2020 Date: PRIORITY/DATE NEEDED BY: mpor4on� ats� L-] Request for 121/Direct Pay Req.for the attached Vendor or Person to be reimbursed: Vendor: Account Number: Project No.: AlRequest for Requisition -Vendor: w .......-.._______________________________ Account Number: &3 - 4 62- Project ________ _______m--- 0 Request for BLANKET-Vendor: ............... Account Number- Project No.: List Items w/Quantities & Unit Costs on the back of this request. El Single Quotes (Less than $ 2,000)-Attached. El Three Written Quotes($2,000 to$4,999.99)-Attached. - Three Written Quotes($5,000 to$34,999)w/Purchases over$10,000 Form -Attached. El Bid/City(Over$35,000): Bid# El Bid/Other Entity(Over$35,000): Bid#, Bid Eff. Dates, & Bid Quotes-Attached. E] Rile As: OTHER:: Special Instructions: 2- Request completed by: at completed:: Please sign and rot Is the Ice s In of fisel free to make any comments below. 08 of 1023 r CITY OF BOYNTON BEACH RWUEST FOR PURCHASE OVER $10P000 Requesting Department: Contact Person: I/Mam f Explanation for Purchase: XPM,.v / mmended Vendor 41 Dollar Amount of Purchase Source for Purchase r Three ri n Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy-Back Sole Source Emergency Purchase Other Contra umber: t f l fi NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source r Purchase: 624 0/ i Department Head Date Purchasing Agent Date 2-,, Asst City n C Date City Manager Date Form s 02101102 Page 510 of 1023 F-16-MIS tion 1 Shower Remodel(2615 10balbright RAQ No.MB-ZU14AAT ME41UAURCATION OF COKTRACrVR5 FOR MINORa 510 FORM PrEM RI £QTY UNIT T' 1 SLWCV W1 labor,material,tods,equipment hordwanp gapplot,and coperuision to res to 131 tbree ealsting bath (116,117, and ln�per the following Signe,(lob Site to p1 ad sap and clean for the duration of the S Protect my eW property for the durafice of the prod ti! illi sad tsall6aard rit !!s. e tl r t!!e s r to n a leco sh en ur file for Now raw am Rs a ellslkrg s t!!e mud wallboard sis r it orslq(red Rac on plars�! C s of R teed to be slid rir the sprue between hours off ra and -Penrose existing ds, 9o,and wallboard on ll n line an plank yfruntr kilo floor to r a hard lid RIT=1111W-191 itch forsM-7,8H. fi I!1 brnrsll.three(S( lath d darlr 1 carders.;lass three{3}rgaw trrls and o all €ran Tact near walk with,batt Insulation,Ili°D 1 un rlaysnent(seal all joints);irrwtall FRP( d P`i t (, 1 (W provided).ERP panels aceto be`s ! all ng behind the new sh err enclosure. shall Eerie low st splines. ii one-piece shower enclosure(4W (s d),coutk shearer closure ere Ft rsa the I n Repair file as n ma during the Instaliadors Mire ernclnsure 1st a ro c i vrlilte( 'fl°AFF. 1 i 1 rssck ceE1a�crl snwooth errrb, E nd 4stln do rrr est tan In a 11 tFd Re eKla a ren ua ace si d do vat ! lir bothra a sly erto li a rands ds an ed. I ll ex t9rs E.thr stn handl ra11! 1 In 1 naw aluminum featoe tE or 11 his ' ' In R d hra#all a aluminum fwa no LEl3 wrs or 11 t Irr I d 1 1° and Soa1 it t41nln lmatttr nus. Its-M# ADDENDUM I s. bra orsttail SSarsoll s. z Contractor shall rearme and Install a over ruhror In RR shalt aarsd,repair and paint dam f to norhAt eadsting. r shall rases a snea°de6 aha- i �'/ � torr r rel1 su orad lrr I a r wee a(see pI re h �. 6 grill I 1l adldoaral s der e R If is a da re rag 1 ! its , sh 6e ire b ed, rire acrd or o Ire . r shell relo ties exl ceFlCng da pped llln radlr all el is loon pi to naiC rtoc ane 1 afro s n Rnen ralra Ia tksu dIr s ltr9 we rm, rocks p na1i sere a well 1 to a Hama 2' 'ro111rr 9ht. the elan as is a d rit IlRp of R n ch rn r t( to ote fdw allva . i Page 512 of 1023 � ica9ce4lh9 Qe�da�d#ixtacr�i�ca ati ^�s I G 7 7,170 t5h®raa9 8! lane} <t rrsar,. arae re ,x:91 °ff ! pa 4 I10 if a s. Mm' e �q askCreDtsma s+s .@qytagMffotum la MUM frame LED ir liLlit in shomELIrl, .•• � ra �a Ek vaa�ear ISn a � ° '�Saa ca��r��nt�� n t i Bid Price Room 116 Bid Price Roorn 3.1.7 � ir Bid Psi Room-1 exp �s t vas j �� c �,. ic grand Total Bid Prise(in words) Name of Fkri SubmittingRid Pr " �.3 &^ •, c ff �. Name of Person Submitting Bid Propm ------— Mme of on i bid Pro 1 Date I .....« ,, f j Page 514 of 1023 F-15-Mg-FireStaflon 2 Shower Hemodd(261511liftrafflaftlittRoxiq REQ NO.01"521-UW PREAZIlAILIKATION OF CONTRACTORS FOR MINOR CONSTRUCIM14 SERVICES-610 FORM From DESCRIPTION fire UNIf Supply an labor,Tarlearoll,urels,equirentest'hardwerrossoples�-and swinayiskm to renovate(3J thnasexisting bathrooms(116,117„ and its)me tre finis nvinK scope,Van Slier to pkked up and clean far the dw aticar of tire project)protmt any curt'property for the retention of the project Rerpossa Ot exatIng flie and ran Mincard from ardsorm room ant shower walls. Fwnvwvall axlshn fleeter the ft¢sMe QWQrt0pr94MfDF1&rw0ftb-- rofnew shower er -ftnoem torkirdlistud%til-e.ISI WadlWard an shared shonner wall only lead line an plan worre),91his pection of WSH Wit need to be Rlonm eAssurt;studs,his,and wallboard an S arsit fgfcw line on pbolonce)Froun the hour to 4"below reautent hard Rd carriers and ta�A idmeaSi frnrsa bers an M in's r Construct flervealls with,batt houlathan 1/2'Desnethhaldunderleyment(seat all jor1rds);Install FAP W I balanced s 1cf, Npersproyrded),FRI'lursels are to be installed all wags filduri4q;behind thersear,shower.anctosure.All FiRlPCarta stead have law far offiespline s, hastall new one-pleceshadrarendcaure 14Wx4g')(spec proodadh xwvlk0atwrr enclosure where R anorts the wall aftaffloor-Repair floor tlw as nacatfiart during tkur lngxliatiss"of—the n2w-9*—F--d-1& tae a new pro Pat Lace Exist exhatut ton and replace with a=c ar UnhL inteall now baboolont socontarlet,Poinar is weal2-1-0d rA sued sraatr dls ernsats,CJ $a W& Mall new alunflnurn frarne LED Vaerar figio- ins taIll neso alurdinu—, R t statanti seat Kent# ADDENDUM I t Cwhrocloar shall use 25go=it studc, contract shall rernawe apart install a sass r28'x3G'wales Vire E2&RR. —car&aacrellen sand,repair—andpWrst doar froarra;to match eadste& 4 �"dar 1�hah use a arecolerder one-plew shearer and owere. 5 Contractor shall viastfly and Install adoor sv4son der the andosure Isee Plictare mdord). cantratEar hall inicgh additional studs in rho halwary wall Ifthere 13 any damage to the Axisting metal wets laughing metal studs should be edre bru had,f rime and a raycar alat~Writhe a size Intl 7 Caoetractor shall relocate the irdsling musnUspeakar to the rAw dropped caIddit oxtorrdln�all eNctrlcal components aces pirbuse be? 9 Cantmorar ShRU rel to the relating shoe floar dralst to match the floor dralti In the z;;;i9stor loan use gelatins WWI iwh2 lbgg ra &S��hrr to contract now ryWcellh 0 nsvvodL_-Lft�d�A'�-lll lllrh�t� III if the asentrator ch az:to use I dusnJetter it ar."A need to be a Clity of Bolpston Bondi leumbirter,call(58042-621111 to MkA apossagernersts for dellys YI Page 516 of 1023 xr t Ig.c rP.pp9 grid andA-tymL rallUl 1 "� _ �� ( ,mmwx � pts 3 7; w; st ��Ea�rrs��s roec s Isar to comer¢Wflih x A, f �.rj' "�-''t Bid Price Room 115 $3,8,500,00 Bid Price Room 117 1 1 50 .1-111 Bid Price Room 118 $1,11500 o C\i} 'Fifty five 3.F-iousa.nd Grand Total Bid Price(inwords) f byi Lan �1 Name e cif Firm Submitting Bid Proposal Rep.bft01ttMUL11atkd IIIP Maine of Person Submitting Bid Proposal jtjjeg !�� Name of Person Submitting Bid Proposal ZiP21'_LA:r_ (SIGNATURE) oat P-1 Page 518 of 1023 ........... Fla; �aCE °� 2CL m. EL . s g mw SL a sa s z s EF zg r 06 cm m 04 u CL awn et tr m 6 ffi w� CA zi 2 cz �s �d 0 Page 520 of 1023 z 2) DA TO a E ',a -, VS as a a EL �� J d1NiiS17i s�tn�u��5`�'��ttli3�a CL rL u ' t c„ H rL CL u u U 4 t : I r Page 522 of 1023 .1 AGREEMENT RRIWEPEN THE CITY OF BOYNTON BEACH AND MINOR SERVICES CONTRACTOR THIS AGREEMENT Is entered Ira between the ally of Boynton Beach,horainalter referred to a CONTRACTING"the CW,and E&F FLORIDA ENTERPRISESINC. DEA CREATIVE hereinafter relbrred to as 19CONTRACTOW, In consideration of the mutual benoths, tenm mid conditlens heretnoftr specillied. DESIGNATION. Contractor Is i minorCOWTR.ACTORP FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 018-2021-11WIT. 2- SCOPE OF SERVICESA-VOCESS. This Agreement applies to the peftrmance of construction projects.~are dime costing lose then$180,000.Them m nor construction pmlsms tt be InWat6d by the Cfty upon bouarm of a solicitation, or taskoMw and shall be advartlead to all I II require payment, or performance bonds unims speciffiolly noticed In 2w solicitation, r took.. Profeeft 'il commerce only u r by It* Finance Department and written Notice-to Proceed from ft Public work may be assigned at the CWs-dicoration pert upon the CONTRACTOWS expertise, r oompitifiviproposel submNal, The CONTRACTOR shall be required to respond to each adveffleament when If E requested, whother by offer r three(3)consecuffm mcluests® the firm shall be removed from to prograin. and" IC subsequent bidding opportunities under this contract TIME FOR PERFORMANCE. Work under thisll commence uppit written rodeo by the City to the CONTRACTOR to procood. CONTRACTOR IC parkrm ell BKWM and provide all work product requiredt upon wrftn notice to This Agreement shelf commence upon Commission #and shall be validr an Initial f one(1)year.Tim City of Boynton Beach nW renew the contract with die same larms and conditions for tm (a) i I tamris subject to verWor acceptance, setletactory pedirrmanoet °ll be in the beat interest of the City. I I f final,e AML i j2kogn dM-as aMWMd by the-2 r-orwdensionle) 5. PAYWW: The Chy WE pay the CONTRACTOR F porkrmance under each solicitation. that Is.completedin r task arders at the lump sum or unit the Clly a. Paymerd r the work provk1ed by CONTRACTORshall be made promptly on all Invoices submitted !ty properly, provided. that 1w total amount of payment 1110 CONTRACTOR shag not exceed ft total contract prim without express wMW modification of the Agreemard signed by to Ctly Manager or her destnee. b. The CONTRACTOR may submit Involow to the Cky once pw month during of the work r pwftl payment for project completed to date. Such invoices reviewed by ft Chy, and u apprcrval will be made to 'Itis CONTRACTOR In t approved. Page 524 of 1023 costs,. W any, of the project to the propoftnal extent caused by such negligent enrom or omissions ®I - CONTRACTOR. The CONTRACTOR and the 'I CAy agree that the. CONTRACTOR Is an Indepenoent contractor with reaped lo the.services preylkied.pursuant to this agreemont,Nothing in We agreement shall be,consklered b create the ralglionship of employer and emPICY98 between the parties hereto. Neither CONTRACTOR norany employee of CONTRACTOR shall be entitled to any benerits accorded City employees by virtue of the services provided Under this agrooMent 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 piogram, oMerwiss assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11 COVENANT AGAINST CON71NGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person,other thart a bons Ndb employse working sollely for the CONTRACTOR, to solicit orseem this oontract, and that he has not paid ar agreed to pay any company or person,-other then a borm #do employee warldng solely for the CONTRACTOR, any ® commission, percentage, brokerage few, gifts, or any other coriekleiallon contingent upon or twulting firom.the award or making of this corriect. For breach or violation of this warranty, the City shall have the right to annul this contract wI thout 119blifty or, in Its discretion to deduct from the 00r*BCt price OF consideration, or otherwise recover, to full amount of such fee, commission, percentage, brokerage fee, gift, or contingent be. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR,with regard to the work performed by it under this agreement will not discriminate on the grounds of race. color, national origin, ® creed,age, sex or the presence of any physical or sensoFy handicap in the selection and retention of employees or procurement of materials or supplies. ® ASSIGNMENT. The CONTRACTOR shall not sublet or assign arty or ft services covered by this Agreement without Ine express wrifiBn consent of the City. 14. NON-WAIVER. Waiver by the CRY of any provision of this Agreement or any time Imitation provided for In this Agreement shall not constitute a waiver of any other provision. I& TERMINATION. a.The City reserves to right to terminate this Agreement at any time by giving tan (10)days.written notice to the CONTRACTOR ® I the event of the death of a member. partner or officer of the CONTRACTOR or any of Its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agrea to oDmplate the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotlalons of this Agreement between sunAving members of the CONTRACTOR and the City, If the City so chooses. 16. DISPUTES. Any disputes that arise between the partles with respect to the parlbrmanas of thI s Agreement,which cannot be resolved Ittroug h negotiations,shall be submitted to a court of compaterrijudediction In Palm Beach'Courity, Florida. This Agreement shall be con&ued, under Florida Law, Page 525 of 1023 G THE, , PUBLICAPPLICATION OF C14APTER 119, FLORIDA STATUES* TO THE CONTRAMA'S'DUW TO PROVIDE PUSUC RECORDS RELATING TO THIS CONTRACT, COWACT THE CUSTODIAN OF JUDY PYLE, CITY CLERK BOYNTON BEACH, k 33435 THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. t Page 526 of 1023 FIRST ADDENDUM TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND E&F FLORIDA ENTERPRISES, INC., d/b/a CREATIVE CONTRACTING GROUP The CITY OF BOYNTON BEACH (City), a municipal corporation with principal offices located at 3301 Quantum Boulevard, Boynton Beach FL 33426, and E&F FLORIDA ENTERPRISES, INC., d/b/a CREATIVE CONTRACTING GROUP, a Florida corporation, rincipal offices located at 3141 Fortune WaY, Suite 16, Wellington, FL 33414, (Contractor) agree to amend the Agreement dated August 29, 2018 for Minor Construction Services by incorporation of this it Addendum, which shallbecome a pa of the original. rt Agreement, The following terms and conditions are hereby incorporated into the original Agreement: 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 int 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 provislon 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 certiflcation. Contractor shall have five (5) days 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. Page 527 of 103 Coversheet Page I of 2 O.G. CONSENTAGENDA 18 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ., COMMISSION N T 01 REQUESTED ACTION BY COMMISSION: RESOLUTION O. 1 -104- Approve the rankings as recommended by the Selection Comirniftee and authorize City Manager to sign contracts with the four(4)top ranHatcher Construction&DevelopmenL Inc., F Florida Enterprises,Inc a Creative ContractingGroup;Republic Construction Group;and ANZCO,Inc.;In order to establish a pro-qualified list of vandors in accordance with Request for Qualifications(RFQ)Nm 018-2511-1 T"Pfe-Qualfficallion of Contractors ter Minor Construction i " and authorize the City Manager to award individual projects not exceeding$75,000. EXPLANATION E U ST:On May 18, 2016, Purchasing Services issued a Request for Qualifications(RFQ)with ft intent of establishing a pro-qualified pro-qualifiedlist of vendors to pennon minor construction services projects vrithin the City. These minor construction p ° may include building repairs, upgrades, and improvements including, but not limited to, patching and plumbing, carpentry, masonry, electrical and other miscellaneous repairs as may be necessary at various City sites,as well as mail park and/or playground type projects. On June 18, 2018, the City opened a total of eight (8) submittals to this RFQ. After independently reviewing and scoring each proposal i accordance with the evaluation criteria contained in the RFQ,in a publicly noticed meeting hold an July 10,2018®the committee disclosed Its scures, FinalThe an 'n Is as follows: 1RANKING Hatcher ntructln&DevelopmentIn Florida Enterprises, Inc.dba Contract! I Group Republic Construction Group ANZC0,Inc. 4 nensI ontractors,Inc. E Homrich Corporation 1 The Carpenters lin Inc. l submittal from All-Site Construction, Inc-was deemednon-responsive the RFQ and was not forwarded to .e Committee ter evaluation and consideration. It Is the intent of the City to solicit the collective pre-qualified contractors for competitivers for minor construction services.Work may be assigned without competition in emergency ations,or In special circumstances when a contractor has previous specific knowledge or is already mobilized to a project with a pending tie-in.Individual projects that exceed$7 ,000 will be brought back to City Commission for consideration of The inlifiel term of the contracts will be o (1)year with the option to renew the contracts for four(A)additional one-year tanns,contingent upon sefisliaclory vendor performance,mutual agreement and determination that the renewals are in the City's beat Interest. HOW LL THIS AFFECT CITY PROGRAMS OR SERVICES? By ualifying contractors to perform the specified work,the City may be assured ie general contractors will complete the work as bid. FISCAL IMPACT: There is no fiscal impact as a result of this approval. Individual projects$75,000 and under will be awarded by the City Manager or designee. Individual projects$75,001 and over will be brought City Commission for consideration of award. ALTERNATIVES: Not accept the committees'rankings; and approve mission ranking; Request oral presentations to commission then raniq or Not award. STRATEGIC STRATEGIC PLAN APPLICATION. CLIMATE ACTION: No CUMATE ACTIONDISCUSSION: Is this a grant? GrantAmount: s:f o tone . o a lief ave t x?I e... 91, 1023 I RESOLUTION NO.RIB-104 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING THE RANKING AND AUTHORIZING 5 THE CITY MANAGER TO SIGN AGREEMENTS WITH THE 6 FOUR(4)TOP RANKED PROPOSERS TO ESTABLISH A LIST 7 OF PRE-QUALIFEED OF VENDORS FOR MINOR a CONSTRUCMONS SERVICES AND AUTHORIZE THE CITY 9 MANAGER TO AWARD INDIVIDUAL PROJECTS NOT 10 EXCEEDING $75,000; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS,on June 18,2018 City staff opened and tabulated eight(8)submittals 14 in response to RFQ No. 018-2511-181IT "Pre-Qualification of Connuctors for Minor 16 Construction Services";and 16 WHEREAS,the RFQ was issued with the intent of establishing a prequalified 17 list of vendors to perform minor construction service projects which may include building 18 repairs,upgrades and improvements as may be necessary within the City;and 19 WHEREAS, the City Commission of the City of Boynton Beach upon 20 recommendation of staff,deems it to be in the best interest of the citizens and residents to 21 approve the ranking and authorize the City Manager to sip Agreements with the four(4) 22 top ranked proposers for RFQ No.018-2511-1 8AT for" iflcation of Contractors 23 for Minor Constructions Services." 24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY commisgim 25 OF THE CITY OF BOYNTON BEACH,FLORIDA,T14AT: 26 Section 1. The foregoing"Whereas"clauses are hereby ratified and coria ed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, 30 hereby approves the mnk,ing and authorizes the City Manager to sign Agreements with the Page 529 of 1023 .E„ T PPR FOR ME-MQUALIF x UC ", ilil t RFQ r- FfFQ DUE �a ®30 i M. (LOCAL TIMPCITY HALL, FINMd0PRdC' UREMENT' bERVICESs (4,2 395-99918211 Page 530 of 1023 PUBLIC RECORDS DISCLOSURE Pursuant to Florida Statutes §119.07, sealed bids or proposals received by the City in response to an 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 proposal/bid. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records 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. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING I F SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton each imposes a Gone 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 each authorized to act on behalf of Boynton each 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 each County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for as 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 tooral 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 each 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. Any questions relative to any item(s)or portion of this bid should be directed to (lyse Triestman, Purchasing Manager; Telephone: (561)742-6322, E-mail: triestmani@bbfl.us City of Boynton Beach ".23 1821) 3 RFQ No.018-2511-18/[T Page 531 of 1023 TABLE OF CONTENTS REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-18/IT Section I—Submittal Information ........................................................... 6 Section II —Purpose, Background and Scope of Services ...........................................7- 1 Section III —Proposal Submittal Instructions and Requirements. ...............................11 - - ...............................11 --Proposal Evaluation Method and Criterfa................................................13-14 GeneralConditions . ................................................................................................. 15-21 Proposer Acknowledgement ............................................................................. ...............22 Addenda ............................................................................................................................23 Statement of Qualifications ..................................................... ..................................24-25 ReferenceForm .................. ....................................................................... .....................26 Anti-Kickback Affidavit. ............ ........................................................................................27 NonCollusion Affidavit ....................... ....... ........................................................ .............28 Confinnation of Minority Owned Business . _.......................................................... ........29 Confirmation of Drug-Free Workplace . .............. ..............................................................30 Acknowledgement of PBC Inspector General....................................................................31 Local Business Status Certification Form...............................................................32 Schedule of Subcontractors ........................................................................... ..................33 Statementof No Submittal .................... ............................................................................34 "DRAFT"Continuing Services Agreement....................................... ...........................35-40 {0=044.2 306-9001821) Page 5 of 40 Page 532 of 1023 Section —PROJECT DELIVERY 1. PROJECT DEUVERY METHOD The goal of this Request for Qualifications ( ) to establish a pool of pre-qualified contractors that can quickly compete for minor construction projects as they arise. For the purposes of this RFQ, minor construction projects are defined as those projects under $ 185,000.00 (one hundredI five thousand dollars) in cost. It is the intent of the City to pre-qualify a minimum of four ( ) contractors for entry into this pool. Each such contractor will be required to e t r.into a Basic Agreement that will set forth general terms and conditions related to performing services when specific projects are awarded. The Basic Agreement will not authorize any specific work or constitute a guarantee that any work will be assigned to a contractor. All work will be awarded and released through individual project solicitations, or task orders. The qualification will be for general contractors to participate in the procurement and construction to furnish all materials, labor, supervision, equipment, supplies, fees, expertise, and services on an as needed basis for minor construction projects. Specific projects will typically proceed as llows: As projectsare identified and funded y the Department, a narrative scope of workwill be drafted for each such project. Typically, the narrative scope of work will not include complete win s, and as such, contractor should be prepared to completethe work on a design-build or design-assist basis. Purchasing Services will issue the narrative scope of work, in the form of an informal solicitation,or task order,that will be issued to all of the pre-qualified contactors. The solicitation, or task order will also describe any permitting or bonding requirements and, if needed, provide an opportunity for a pre-submittal meeting or site-viit/ al -thru with Department representatives in order to better understand and clarify the work. Each such contractor will then be requiredto submit a lump sum price and a preliminary schedule of construction based on calendar days for the proposed work. Although the exact amount of time that contractors will have to submit bids will depend on the specifics of the individual projects,the Department envisions that contractors will typically be given five (5)to seven (7) business days to prepare and submit their cost proposals. The Department will select the contractor to be awarded each such project primarily based on price, but the Department reserves the right to consider non-price factors when making such decisions and will also consider differences in scope and/or proposed finishes,equipment and materials. For each project,the specific non-price criteria, if any, shall be stated at time of announcement along with the weighed value of each criteria. ® COMPENSATION All work will be as a result of project specific solicitations, or task orders, and shall be awarded by the proper award authority in accordance with the City's Purchasing Procedures. Upon award y the proper awarding authority,a PurchaseOrder or Contract (at the discretion of the City)will be issued as formal acceptance of the contractor's offer. In general, it is contemplated that solicitations, or task orders, well be.priced on a lump sum basis and that Scope of Work included in such solicitations, or task orders will be premised on a design/build or design-assist basis. As such and absent specific instructions to the contrary, proposed solicitation, or task order, pricing should be "ail inclusive" and should include sufficient funding to cover all of the contractor's costs necessary to complete the project, including but not limited to profit,home and field office overhead, supervision, labor, materials, equipment, bonds, insurance and such professional services as may be required to complete the design and obtain the necessarypermits. (002292".2 3 9001821} Page 7 of 40 Page 533 of 1023 Participating in pre-construction meetings, periodic project coordination ® and post construction inspections with the Citys Project Manager or assigned representative, as required Emergency response Building consultation services (including cost estimates for pre-bid budgets) Completing punch list corrective work and turnover requirements • Cost estimates • As-built documentation • All other related general for Construction Services B. Competitive Bidding 1. For each project identified and funded by the City to be bid through contractors that have entered into a Basic Agreement pursuant tot RFQ, the Department will develop a scope of work. The scope of work will be issued to all of the pre-qualified contractors, and in most cases, each of those contractors will be provided with an opportunity to walk the project with the Departments representatives in order to better understand and clarify the work. 2 The City contemplates that the scopes of work that will be issued to contractors during the bidding phase will not include complete drawings.The parties acknowledge and agree that contractors may be required to complete work on a design-build or design-assist basis. 3 Each contractor will be required to submit,within the time allotted by the solicitation, a lump sum price or such other pricing as may be requested by the City's representative and a preliminary schedule of construction based on calendar days fbr the proposed work. Absent specific instructions to the contrary, proposed, pricing should be Oall inclusive" and should include sufficient funding to cover all of the Contractor's costs necessary to complete the Project, including, but not limited to, profit, home and field office overhead,supervision,labor, materials,equipment,bonds, insurance and such professional services as may be required to complete the design and obtain the necessary permits. 4. If work is to be performed in an occupied facility the Contractor will be required to submit a Coordination Plan with its bid as dein Item 3 above. 5. Emergency work may be assigned without subsequent solicitation at the City's discretion per the scope of the RFQ and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. 6. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of "no bid." If the CONTRACTOR fails to respond to more than three (3) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 7. Any and all work performed under the Basic Agreement or any solicitation issued pursuant hereto shall be governed by the terms and conditions set forth in the Agreement. It is contemplated that each such solicitation shall, in general, contain the following information:(1)a description oft scope of work included in such solicitation, or task order; (H) a lump sum price and/or such other terms of compensation for the work included in the solicitation, or task order's scope of work; (111) the Substantial Completion Date for the solicitation, or task ordees scope of work and/or such other schedule requirements for solicitation, ortask order, (Iv) liquidated damages; and (v) (W=M41306-,W1R1) Page 9 of 40 Page 534 of 1023 Section III -PROPOSAL SUBMITTAL INSTRUCTIONS AND REgU jREMENTS I. Inorder to facilitate the analysis of responses to this RFQ, Respondents are required to prepare their proposals in accordance with the instructions outlined in this section. Consultants whose proposals deviate from these instructions may be considered non- responsive and may be disqualified at the discretion of the City of Boynton each. II. Proposals shall be prepared as simply as possible and provide a straightforward,concise description of the Respondent's capabilities to satisfy the requirements of the RFQ. Expensive bindings, color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on accuracy, completeness, and clarity of content. a. Each of the five (5)sections listed to shall be tabbed and labeled. b. Each page shall be numbered on the bottom right hand comer. c. Submit one (1)original proposal and four(4)copies. d. The proposal shall be organized as follows: Title 1 Company Information, Qualificationsand ExDerience 2. Minimum Qualifications 3. References Z_ , Submittal Forms TAB 1 —COMPANY INFORMATighgUALIFICATIONS AND EXPERIENCE— - 1. Briefly introduce your firm, providing a summary of administration, organization and staffing of your firm, including multiple offices, if applicable. In this section, it should clearly state the contact person title and contact information. 2. Provide resumes of key individuals and personnel assigned to project including Project Managers and office personnel instrumental in projects billing. 3. Describe how your firm is qualified to provide the required functions of this RFQ. 4. Describe the approach toorganization management agement and the responsibilities of the management and staff personnel that will perform work on the Project; describe method employed to ensure prompt service, customer satisfaction, prompt compliant resolution, effective employee performance and training, and timely initiation and completion of all work. 5. Explain how your firm is financially capable to perform the functions of this RFQ. 5.1 Submit evidence of current bonding capability. Include evidence of total bonding capacity of current and outstanding bonds. 5.2 Disclose all incidents of default on projects where your firm acted as the primary Contractor and provide the current status of such incidents. 5.3 Provide proof of ability to provide requisite insurance. 6. Describe any prior or pending litigation or investigation, either civil or criminal, involving a governmental agency or which may affect the performance of the services to be rendered herein, in which the Firm, any of its employees, subcontractors, or sub-consultants is or has been involved within the last three (3)years. 7. Provide a list and quantity of firm's (and firm's subcontractors', if applicable) type and quantity of equipment to be used for this contract. {00229294.2 306-9001821} Page 11 of 40 Page 535 of 1023 Sectionl —PROPOSAL EVALUATIONCRITERIA: The City ill designate a Selectioni review v luate the Proposals submitted i response to this . The Purchasing r shall determinet t is responsive and responsible. For the purposes of thisi i t has submittedl that confbrms in all material respects to the requirements in the Accordingly, the Purchasingr will determine whether each Proposer correctly all of the necessary forms and documents, Fort is RFQ, a responsible Respondent means a Respondent meets the minimum I' tinrequirement(s) ii , Tab Section 3. Among other things, a proposal may be found to be non-responsive if the Respondentit provide the information in the RFQ failedutilize I it ; providedincomplete, i r ambiguous responses; failedI it the applicable deadlines; vi improper or undated signatures; i information is I t misleading, or exaggerated. The Selection i ill evaluate eachproposal utilizing the following crit Criterion r Company Information, i iQuallificaflons, 50 Experience r • Cover letter, Executive Summary, Contact Info • Company c tion • Minimum u I' tion • Financial Capacity • References Experience and Past Performance • Project Team Organizational Chart • Key Individuals References Local Business Certificationr Total 100 Each Selection i ill evaluate, rank and score the proposals evaluation criteria. I ion Committee may create a short lit of Respondents from the proposals receivedI u interviewstpresentations with -lit firms. If Selection i short-list, only those proposalst are short- listedill be considered r award of the Agreement. The Selection Committee may rank proposalswithout i interviews with Proposers. Therefore, each Respondent must ensureits proposal contains all of the Information requestedthis RFQ. i The Selection t its discretion, request interviews i f more of the Proposers. If interviews , the evaluationill be on the knowledge demonstrated by the Proposer and its team member and comprehensiveexplanations r augmentation of information. Consideration will also be givenr presentation style. I i i information well as information i interview 'l be consideredin the final (00="l 306-9001821) Page 13 of 40 Page 536 of 1023 REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 01 8-2511-181IT GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, to and Local laws,ordinances,rules and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve the from responsibility. 2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal to and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified in. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature of a representative who is legally authofted to contractually bind the Proposer. BID: If not submitting a proposal, 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 shall be cause for removal of the CONTRACTOR's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later then the stated bid receiving date and hour. 5. BIDDEADLINE: It is the proposer's responsibility to assure that the proposal is delivered at the proper time and place prior to the proposal deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Proposals which for any reason are not delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider proposals that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal. Offers by telegram or telephone are not acceptable. 6. EIGHT TO REJECT RFQ: Right is reserved to reject any or all RFQ's and to waive technical errors, or to accept any RFQ's that are in part deemed as the best responsible qualifier which represents the most advantageous RFQ to the City. In determining the Umost advantageous RFQ", price, quantifiable factors, and other factors are considered. This of include specifications, proposed schedule, the proposed price and other factors contributing to the overall acquisition cost of this service. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a qualifier's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other Contracts with the City or other government entities. WM92"2 3W9W1821) Page 15 of 40 Page 537 of 1023 determination of whr an exemption applies shall be final, and the Proposer agrees to indemnify, I harmless the Cityits officers,employees,volunteers, , age Inst any loss or damages incurred ny person or entity as a result of theit ' of records as public records. Proposalspurporting to copyrightin full r in part will be rejected. EXCEPT FOR CLEARLY IFIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. COPYRIGHTED. 13. SUBCONTRACTING: If a qualifier subcontracts any portion ot a Contractr any reason, they must statethe name and address of thesubcontractor of the contactedon the attached uScheduleof Subcontractors . The Cityof Boynton Beach the right to accept or reject any or all FQ's wherein a subcontractor is named the award to the qualifier, who, in the opinionof the City, will be in the best interest of advantageousmost to the City. The City alsoright reject qualifier if the RFQ names a subcontractor who has previously failed in the proper performance of an award r failed to deliver on timei it r nature, or who i not in a position to perform properlyr this s s all rights in order to make a determinationforegoing. 14. ADDENDA: From time to time, issue n addendum to change the intent or t clarity ing of the Contract documents. Sinceall addenda are available to Proposers at the Officeof Procurement Services, it is each qualifier'sresponsibility issuing c immediately sec II addenda before submitting ' . It is the usual practice for the Cityt II addenda to Dema nsta r.com, but it ca nnot be II Proposers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge cit of ALL addenda by notation on the RFQ. 1 . ESCALATOR CLAUSE: is is submittedj c l t r clause it rejected. 16. EXCEPTIONS: Incorporation in an RFQ of exceptions to any portion(s), of the Contract documents may invalidate tions to the Technical and Special Provisions shall be clearly ci t in the qualifier's RFQ on a separate sheet "EXCEPTIONSONS TO THE SPECIFICATIONS"and this sheet shall be attachedto the RFQ.The use f qualifier's r or the inclusion of manufacturer's printed documents shall t be construedconstituting n exception within the intent of the Contract documents. 17. 2L,%EUTE$., In case of any doubt or diffeirence of opinionitems to be furnished hereunder,the ci i f the CityManager shall be final and bindingn both parties. 18.ANTITRUSTACTION: In submittingi of Boynton , the respondent offerst if the RFQ is accepted, the respondent will convey, sell, assign or transfer to the Cityf Boynton Beach all rights, n interest in andto all causes of action it may now or hereafter acquire under the antitrust laws of the United State of Floridar price fixingrelating to theis I r commodities or services purchased or acquiredi of Boynton Beach. At the Citynon Beach's discretion, assignmentshall be made and becomeeffective t the time the purchasing final payment to the respondent. (MM9244.2 30&W01821) Page 17 of 40 Page 538 of 1023 5. PURCHASING AGREEMENTSI CI t the option o the Professional, the use of the contract resulting this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency llo e y the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible fbr its own purchases and shall be liable only for goods or services ordered, receivedand accepted. agency receives liability virtue of this bid and subsequent contract award. 26.AWARD F CONTRACL Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible qualifier whose RFQ represents the most advantageous to the City, Evaluation of RFQ'sill be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject all 's and to waive technical errors as hereto re set forth. In the event of a Courtchallenge to an award by any qualifier, damages, if any, resulting from an improper award shall be limited to actual RFQ preparation costs incurred the challenging qualifier.In no case will the award be made until all necessary investigations have been made into the responsibility of the qualifier and the City is satisfiedt the best responsible qualifier is qualified to do the work and has the necessary organization, i I and equipment to carry out the requiredo ii the time specified. 7. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures rovi r in the Agreement have been appropriated by the City Commission for the City of Boyntoneach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 2 . LICENSE AND PERMITS: It shall be the responsibility of the successful q lifier to obtain all licenses and pennits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review the Assistant to the Finance Director and City Inspectors. 29.COMPLIANCE I OCCUPATIONAL F HEALTH. ualifier certifies that all material, equipment, etc., contained in this RFQ meets all requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequentlyfound to be deficient i O.S.H.A. requirement in effectto of delivery, II costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned qui en shall be bome by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 30. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relatingnegotiation n performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtainrecords and testimony the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law,the fallure o 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. {00229244.2306-9001521} Page 19 of 4 Page 539 of 1023 32. LOCAL BUSINESS PREFERENCE: The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points int evaluation criterfa published int solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of InteresL where the solicitation includes a qualitative ranking rather than a quantitative selection,the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." In order to be considered for a local business preference, a Respondent must Include the Local Business Status Certification Form at the time af RFQ submittal. Failure to submit this form at the time of RFQ submittal will result int Respondent being found ineligible for the local business preference for this solicitation and will receive zero (0) points fbr that criterion. If the Respondent meats the requirements of a local business as defined by the preference, the proposal will be awarded the full 6 points allotted by each evaluation committee member. Firms not meeting the requirements of the Preference will receive zero points in this evaluation criterion. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. MMU2 306-9001RI) Page 21 of 40 Page 540 of 1023 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: "PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" RFQ NO.: 018-2821-18/1T DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to fumish all material, an oftransportation, coordination, labor and services necessary to complete/provide the or specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE ........................... ------- Ll NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFO No.018-2821-1 ITP 23 of 40 {00229244.2306-9001821} 23 Page 541 of 1023 12. Experience in performance of work similar in importance to this project. Project $Value Contact Name Phone# 13. Contracts on hand. 14. Largest completed projects(include final cost). 2) 3) 15. List all lawsuits (related to similar projects) ora it tion to which you have been a party and which: * 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: this day of 20 By: (written signature) Name., (printed or typed) Title: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ o. .1 B-2821-1 81IT Page{GMDM.2 Mr�9001821} 25 2of 5 40 Page 542 of 1023 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH 1,the undersigned hereby duly swom,depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton each 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 Swom and subscribed before me this day of 20 Printed Information: NAME TITLE NOTARY PUBLIC, to of Florida at Large COMPANY "OFFICIAL NOTARY SEAL"STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-1 WIT Page7 of 40 {0=9244.2 30&9001821} 27 2 Page 543 of 1023 CONFIRMATION OF MINORITY OWNED BUSINESS A requested 1brm to be made a part of our files for future use and infbnnation. Please fill out and indicate in the appropriate spaces provided which category best descdbes your company. Retum 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 qualVng 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 FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18nTPage(002292442 29 306-9001821) 29 of 40 Page 544 of 1023 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beacn County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure oft 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 FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-181ITP age 31 of 40 (00229M.2 306-9001VI) 31 Page 545 of 1023 c CO E = A3Z C: — E! — z :3 IL a cl0 & A 0 C 0 =1 *-d 0 CD cr 11 S E 0 101 oc 0 0 0 z, 3: M C :3 0 4- z 0 E E S 8 = = 0 U) 08 U. as CF .2 0 U) U) w2m Wg Z enz 0 z ? u 0 CL my 22-5 16 czr w 122 Co 0 t—s t F3 LIL Z Z Z ID 0 r3 ID M 0 0 'LID- I c 100 .2 0 p W C� Q 0 0 -Ibe 0 A R cc W ff 2 0005 — 5 Mr- CL LL z 0 0) 2 51 w w LDN :a 0 0 Zi0 'M .s 'I CL Izo zc, 0 'wo ".9 0 CL LU or- M ij L6 0 Cy cam E "a w w 0 LU E = Ls- fA I- .0 N 002 CY 0 U a % ui uj 4 z :c E c L CM w L co cm 2�9 0 CY 0 w a I j2 C-- LU Z5 9L 00 .6 c; 0290 2 z *6 CY U) U. s r- o 0 % tM.O 0 0 LD 0 Eg 8 N 2 05 r co 9cl N 10, VS . ), zIl 0 C& r- .0 — 2 gs ON 0 0 U) F - Page 546 of 1023 "DMFT" SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MINOR CONSUTRUCTION SERVICES CONTRACTOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and — , hereinafter referred to as"CONTRACTOR", in consideration of the mutualbenefits, terms, and conditions hereinafterspecified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 018-28211-11811T. 2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor construction projects, is are those costing less than $185,000. These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only on issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise,or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of Ono bid.' If the CONTRACTOR fails to respond to more than three(3)consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed.CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one(1)year.The City of Boynton Beach may renew the contract with the same terrns and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the C11y's regues Firm shall continue services bevond the final eXIDIration date as aDREgypd by this City Manager or C11tv Commission. Such extensionts)shall not exceed a six-month period. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. {002x920.23 Ml 821) 35 Page 547 of 1023 Policy. o l t acknowledges that the Cityis relying on the competence of the Consultant to ign the projectfunctional intent. If it is determinedduring construction project to Consultants negligent errors andomissions, Consultant shall promptly rectifyt no cost to City and shall be responsibler additional costs, if any, of the projectr i n t extent caused by such negligent errors or omissions 10. ICity agree that the CONTRACTOR is an independent contractor with respect to the services provided tot is agreement. Nothing in thisshall be consideredo create the relationship of employer and employeei i t CONTRACTOR norany employee of CONTRACTOR shall be entitledaccorded Cityemployees virtue of the servicesi r this agreement. The Cityshall not be responsible withholding r otherwise u in I income tax or social security or for contributing the state industrial insurance program, otherwise assumingthe duties of an employer with respect to CONTRACTOR, or any employee . 11. COVENANT AGAINSTI . The CONTRACTOR warrants that he has not employedr retained r person,other than a bone fi employee r i solely for the CONTRACTOR, to solicit or secure thiscontract, and thathe has not paid to y any company or person, other than a bona rde employeeworking solely r the CONTRACTOR, any fee, commission, , gifts, or any other consideration contingent or resulting from the award or making of this contract. For breach or violation is warranty, the City shall have the right l this contract without liability r, in its discretion to deductprice or consideration, or otherwise v r, the fullamount of such fee, commission, percentage, brokerage fee, gift, r contingent fee. 1 . DISCRIMINATION PROHIBITED. rwork performed by it under thi 'l discriminate on the grounds of race, color, i rii , religion, c x or the presenceof any physical or sensory handicapin the selection and retention of employees or procurement of materialsor supplies. 13. ASSIGNMENT. II not sublet or assign any of the services covered by this Agreement without the expresswritten consent of the City. 14. NON-WAIVER. Waiver by the Cityof any provision of this Agreementor any timelimitation provided for in this Agreement shall not constitute waiver of any other provision. 15.TERMINATION. a. The City reserves the right to terminate thist any timegiving ten {10}days written noticethe CONTRACTOR. . In the event of the death of a member, partner or officer of the , or any of its supervisory personnel assigned to the project, the survivingof the CONTRACTORy agree to completethe work under the terms of this , if requested to do so by the City. This section sI not be a bar to renegotiations oft is betweenAgreement ivin of the CONTRACTOR and the City, if the City so chooses. 16. DISPUTES. Any disputes that arisen the parties withto the performancef this Agreement,which cannot be resolvedthrough negotiations,s II be submitted 2".z 1821) 37 Page 548 of 1023 E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER I 19, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTACT THE CUSTODIAN OF x PUBLIC RECORDS: JUDY a CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON : FLORIDA, REMAINDER 33435561-742-6061 THE IOM92".2 306-MIS21) 39 Page 549 of 1023 Javier, a Tuesday,Je 25,2019 10:29 Brown,Stephanie Miller, Keyla Subject: RE:CO I City o Approved! Andrea Javier, IPMA-CP Benefits Administrator Human Resources and Risk Management Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 GnsF 561-742-6044 JavierA@bbfl.us I boynton-beach.org/ _ r 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: Brown,Stephanie Sent:Tuesday,June 2 ,201910:24 AM Certificate of Insurance<C I . s> Javier,Andrea<Jvir l. s>; Miller, Keyla< illr bbl. s> I I think I finally got this right this time. Thanks, Stephanie Brown Solid Waste Customer Service Representative ' Public Works/Solid Waste Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address:222 Epi. . 9th Ave. I Boynton Beach, Florida 33435 561-742-6582 1 1@ 561-741..6211 Ea BrownS@bbfl.us eo Boynton-beach.or Page 550 of 1023 A4CC>R& CERTIFICATE OF LIABILITY INSURANCE SDA ( li-.� r 06/2512019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY N CONFERS NO RIGHTS UPON THE CERTIFICATE L . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELYD, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE D'D OT CONSTITUTE A CONTRACT E N THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOL . IMPORTANT. If the certiflcate holder is an ADDITIONAL INSURED,the oli les)must haveADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and Conditions of the policy, certain policies may require an endorserrlent. A statement on this certificate does net confer rights to the certificate holder in lieu at such endo en . PRODUCER D T Troy Sissom Insured Choice of North America PH H.,-, . (561)736-6022 e (561 73"062 706 W.Boynton Beach Blvd.#110P-MAILSS: lnsuredchoice@insuredchoice.com INSuRMS)AFFORDING COVERAGE NANIC Boynton Beach FL 33426 1 INSURER A a MAXUM CASUALTY INSURED INSURER B: NAUTILUS INS CO 17370 E&F Florida Enterprises 1ndDBA Creative Contracting INSURER C. GC1513410 INSURER D: 3141 Fortune Way Suite 16 [INSU�RER ¢ Wellington FL 33449 F: _ _.. COVERAGES CERTIFICATE NU Y REVISION NUMBER: IS IS TO CERTIFY THAT E POLICIES OF INSURANCE LISTED LOW E BEEN ISSUED 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 T 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. INCA I ADDL POLICY EFF POLICY EXP LTR TYPE OF INSURANCE Plan POLICY NUK49ER JMMDDNYM LINTS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 EE CLPJMS-MADE DX OCCUR PREMISES EomrEDwcel $ 100,000 MED EXP(Any one perswi is 1, A Y BDG-0080804-06 �0410512019i0vlf()512020 PERSON IL&ADVINJURY 1,000,000 DENT,AGGREGATE UNLIT APPLIES PER: � GEN LAGGREGATE $ 2,000,000 IIPOLICY JECT LOCPRODUCTS-COMPICP AO $ 2,000,000 OTHEiL 1 S AUTOMOBILE LIABILI darA LE LIMIT ANYAUTO BODILY INJURY(Per person) i$ OVER OWNED ��SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident)�$ ,�, HIRED NON-OWMED AUTOS ONLY AUTOS ONLY ' � f PROPERTYDANIAGE �$ I I I $ UMBRELLA LIAS Xilea i IEACH OCCURRENCE � 1,000,000 B EXCESS LIAR CLAIMS4AADEJ AN064046 02128/2019 02128/2020 AgoBATE is 1,000,000 ISE® E ION I $ ERS COMPENSATION PER CrrH- IAND EMPLOYERS' SIL YIN ( I I STAR KE + ER ANY PROPRIETO A EWEXEC EI EL . . "H ACCIDENT $ OFFICERtMEMBEREXCLUDED? '.NBA' I= (Mandomy iInHISbe o E.L.DISEASE-" MPLOYE"$ O °RI iON Of OPERATIONS belew L.DISEASE-POLICY LIMIT S DESCRIPTION,OF OPERATIONS I LOCATIONS d VEHICLES(ACORD 101°AddWanal Remarks SchadulO may be attached If nurre space Is required] City of Boynton Beach is named Additional Insured with respect to General Liability when required by written contract. CERTIFICATE OL CANCELLAXION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE LL BE DELIVERED IN City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. Finance I Procurement Services AUTHORIZED REPRESENTATIVE PO Box 310 _ y Boynton Beach FL 33425 ' 1988.2015 ACORD CORPORATION. All rights ee , ACORD 25(2016103) The ACORD name and logo are registered a s of ACORD Page 551 of 1023 RANCS mimam µ MUMU M > M BY MR POLKA 0 , %< " to woob esmmy mWWwwwA 6 �mmmm mm _ --------- man 7museamp s Boo-.-- m m�mWM _______________________________ ±RMOMM&KI M41 F"rx Vft&a I µµµ.g is 3. kH TT MR 1B MM=r°TO ALL IM T m "'CLOWIN - Ir+ � 1 .... SOB' t GM A69M M4 MW Mr mum wo o ®mm M!, ................. AVNXMM ------------------- _�..m g .' m r Page 552 of 1023 AND MPNO VAm*a VAXJNdL TW j s - m .. Phb nnnm rmmwm tea ..... :Lvd � $: : x Gel t n ..m............ m _ . cawffm MITA&MR0 allowm t 1142 a TAT NT2 is A and 2341 covomm CMµ. A ^:.:. 6122163x16 , � n PERIOD � dWHEN Tm TL NNY THE TO" �... __ w. " r � m '7 mmmamm =cum one"NW"Iffll It Wo „ .. .� P�11-7 sufted JAIL W ml 1% _ . € £Nw� nn . zFo uv0f 'kI ,re jsI m,&&M W-1 ftmmp .- A EM t3MUmbd4fmow;^ S 4 a � .. ,:...,. ,�nnnnnnnnnnnnn„nnnnnn�,� ............ -= AGORD W M4011 rsm AooRD rim,rund iop sm r.*-, OF`,IBIWM4 AC �io : Page 553 of 1023 PURCHASE E CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200858 OYNTON BEACH, FLORIDA 33425-0310 DATE: 02/20/20 VENDOR 4397 SHIP TO: TO: JOHNSON-DAVIS INC. City of Boyntori Bear 604 HILLBRATH DRIVE EAST UTILITY ADMIN LANTANA, FL 33462 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 75726 ORDERING DEPARTMENT; UTIL WWC TP DATE NEEDED- C ONTR 11 ACT 0 COMMISMON APPROVED + EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 73525. 00 DL REPAIR OF 60' OF 811 SANITARY 1..0000 73525 . 00 SEWER GRAVITY MAIN ON QUANTUM BOULEVARD. REMARKS BA,SED:O'Fro RFQ #628=2821-19fM1iI3 TAS k:C b—HR`SW-02-20.2 0 QVAN'T.U.M BOULEVARD 811 ,SANITARY:':OkAv . .. SET+JER MAIN RITPAIR-REPAIR OF THE`.6t7' ' .S" SANITARY..:SEWER GRAVITY MAIN LOCATED NEAR LIFT STATION.:511,.., .:=WISSIOON APPROVED (4) 'PRE=QUALIFIE27.: `TRACTORS "1`0fiRF®RM MINOR UTIL;TY CONSTRUCTION :'SECRVICES ON A0 6;f 2019 PROCUREMENT SERVICES, .. P.O. TOTAL.. '73525 . 00 ACCOUNT NO. PROJECT 403-5000-535.65-04 SWR.064 PURCHASING Page 554 of 1023 11 0 14 rq C4 M I CF C5 r� mI I Oul M Ej N cq I Ln Ln 0-4 0 z E-4CD uC) C! I CV CV I Ll Ln I 0 m m Z 41 Fd rL- 0 rd 0HII ri p 0 I H .0 -1 W I I P QS N mI C3 m I 0 CD I p Go H N ul 0 H 0 UV�4 MWO Z 1 rT4 1-3 C)3: DQ CV 04 I rx 0 Z Mcca H ca E-1 P4 m 0 pq H Ln [tj �3 E-4 IM CY P4 ra m N W M > Z z pq W En co E-1 1 0 H m I z FAfi M z at ca W. ta i U3 z P4 0 H P4 0 r4 E-i m m u M 1:1 E-4 UW) -9 Ull pq m M H EA z M�43� W LO 0 W ul U W E-4 z 9-4 1 pq E-i FA HOO % MrAg n PA H E4HPH m >rn� E-1 IHg®� C4 L) v E-4 9 H 14 P4 H H u A u 0 I E >1 44 FY4 Ol Ul � OH I z EU-) 0 -4 E4 'Z4 H IQ 0 134 E-4 U W 0 R 3:r4 - 14 04 M Ln C)m WU 0 1.4 m N 114P I Ln Z I n H I O>qn I HO N L76 Z no 0 0 I >H4NzO% F9 I I OLn U M4 N H H E� 0 IN 0 cq w4NZAEO m H r H N �v 14 F1 0 On OM �3 E4 PQBVM E--i 10 H ILI �Oq m rz� I HOO m 0 mpm9p H HHHFAM Z r-i 39 w w WHO Page 556 of 1023 TON BEACH OF a . a s PURCHASE OVER $10t000 Date: -Feb-2 Requesting ® Utilities Fieldt' tl ine Johnson Explanation r Based off RFQ -1 - Pre-Qualification of Cont i t Utility Construction Services - - " Sanitary Gravityr Main Repair. Johnson-Davis Inc. is one of t pre-qualified t Commission s 2019 to perform minor utility related projects costing $300,000. Recommended Vendor Johnson-Davis, Inc. 'SourceDollar Amount of Purchase $73,525.00 Three ri en Quotations State nt ctPRIDE/RESPECT SNAPS Sole Source Piggy-Back u et Item Emergency urch a Other Contract - 1- 1 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contact. Fund Source r n 403-5000-535.65-04 SWR064 m Department Hecad late 444 Purchasing Al AD I t Asst City Manager Date City r ,- Datei............... o e�V s 02101/02 Page 558 of 1023 REQUEST FOR REQUISITION H.T.E. 2f612020 H.TX.REQUISITION75726 Contact Coordinator- T. Pratt Jctor: CCity Manager ill and/or tifa °tt (no budge REASON FOR PURCHASE: ,sed off RFQ02 -2621-1 ! re uallfication of Contractors for Minor U1111ty Construction Services Quantum Boulevard 8"Sanitary Gravity Sewer Main Repair- -Repair of 0' of 8"sanitary sewer gravity main located around the area of Lift Station 511. Johnson-Davis, Inc. is one of the(4)pre-qualified contractors, Commission Approved on August 6, 2019 to perform VENDOR minor unlit r lat ro'e s stin I s th n X30 000. INFORMATION: DIVISION: INFORMATION: Name: Johnson-Davis, Inc. Admin. Dat /2020 ASAP ( } Address:604 Hillbrath Drive EngineeringDate Needed: Confirm. ( ) Lantana, FL 33452 Oust. Rel. ( } ASAP/Conf. ( } Distribution ( } BACKUP DOCS. DELIVERY: Phone(contact): Scott Johnson Water Qual. QuotesNerbal E.Admin. 40 (X) Email:d"ohnson ZDLohnsondayis.com (over ) Phone:561- -1170 Pumping not ritt n (X ) E.WTP 41 ( } Fax- v r 0 Vendor Number: 4397 PWTreat. Bid Does. (X) W.WTP4 { } Meter Sery. ( } Sole Source Ltr. ( ) /U _. 99 INITIATOR: r !nJohnson, r, Sewage (X ) Insurance - ( } f pecial Instructions:ns: oit ion Requirements: s - 2020 APPROY 1-1t -n . ojoct Number: t cto Ii Contractors Minor Will Construction Awn uan. Unit Price DescriDtIon&Part Number Fund at 6as'ic Vern Ob" Amount Lum Repair of 6U° " Sanitary Sewer LSLJrn 73 5! 0.00 Gravity Malin on �,antur oullevard 40735000 535 65 4 73,525.66 Total 5 65 04 $73,525.00 Page 560 of 1023 M P:eg 44WP:4 a 8 8 8 Lq A .9 l p 11 mow ® AQ 6 ----------- ------ ZW,q h m m 51 1 Z 5 7T -------- m 9 9 9 9 ------------- - va gg jil -----— ------ UIWJ Page 562 of 1023 SW-012-2020-QUANTUM BOULEVARD 0-SANITARY SEWER REPAIR RF Q NO.028-28ZI-19/ 1FD PRIE-QUAUFICATION OF CONTRACTORS FOR MINOR UTIUTWS CONSTRUCTION SERVICES•BID FORM REVISED 12/17/2019 TECH SPEC, r(EM SC1025 0 EST N UNIT UNIff COST AMOUMF GENERAL CONDMONS Mobflizinfon/DamolAkation,Bonds,Insurance and Genera!Reqv0;—z; 1.11 L1 Contractoi Ihall be firnited to a mastrinum at sk(6%)of the tataliA22M.— I L5 S 4,OW.00 4,900,DD 2 1.11.E Pre,/Post Cmisuumon PhvtaW%Pdpvs I LS 1,000m L00010 111.E 't i"D I LS $ 2,000-oo PCTV 4 1,111 MOT Residgnt4l$8rogi; 7 EA 500100 _��3 5GU00 Indemnificatiqn if 25,00 Sark Tical General Conditions 3,%5W,00 PIPING CONFIGURATION !Ar xv Lne A uv,,4h ana riprw r 1±mton,lwwer nn— I LS 351000 M, 3!0w.00 111 H Cdiust Manhole Ring and Cote tELF�jde I EA— 5013,00 $ 501100 a 1.111 Ltmove,and Vnpoi�!of C�- se SZO S, 4SO.00 9 111.1 Furnish S,Install FU01 Type'rCu ' rb so L 4aw 10 111 K ear I rtHfti,3 rtirait lrl�' 4,750,00 4,750M —A- -7 L Rerritoval 10.011 0 $ fim-00 11, 27 L—E�U& 111,11A Furnish fir Instill As 0,00 40 'j, 4 13 1,11N Furnk,-h Install 1 100 14 1 1evoc 15 111 P...... 11'°Co la'dwo 700-00 By,pj�'�i,Purnp mco 00 17 1,11'a 6'5 pass pufffop Irzcladlr S I f Iutir d S 3001w 71I I"iS1 Sub-Tatal Waskewah VVIELL P01W SYSTEM AND DFWATEFUNG Sub-Total Total Did Price fin Numbersi t3,500.0D Totiie Bid Price fin Words) Name of Firm Subamorpi Bid Proposal N&ne of Person Submitting OW Prisposai. Narne of Person Submitting Red PrrsiausW Page 564 of 1023 BID TITLE: Quantum Boulevard bap Sanitary Gravityr Main Repair Bid r# 5 602®2020! RFQ 028-2821-19/MFD i SUBMITTED TO: f City of Boynton reach tififie Administration Buffdiun 124 E. WoolbrightRoad Boynton reach, FL 33435 fore 2:OOPM o0 01/09/2020 VIA EL ECTR` NIC IWAIL i SUBMITTED f 4 I I i : j Johnson-Davis, Inc. 604 Hfflrath 'Drive Lantana, FL 33462 Fah. (561)508-1170 Email; SJohnson@JohnsonDavis.Com � E jumD CUC043087 f i Page 566 of 1023 The Qr of qrnlnn Beach Procurement Services 3301 Quantum Boulevard,Sade 101 �. Boynton each,Fal 33426 .0.Box 310 fld t i{S h;i 1 A�� noyntun echo Florida 3 3425-03 10 'Quantum Boulevard 8-Inch Sanitary Gravity Sovar Main Repair" BID No.: - 2-2020 RESPONDENT MUST SIGN,DATEINCLUDE THIS L ENT OF ADDENDU01 WITH BIDU ITTf L IN ORDER FOR SUBMITTAL TO BE DERED COMPILE � ACCEPTABLE. 3 e4 , jb ri$ PRINTF REPRESENTATIVEREPRESENTA1 WNAME OF COMPANY ®oapaPWgii06ii9tia4s�a DATE JOHNSON-DAMS, INC 604 IIIbrtt Drive Lantana, FL 33462 Phone(561.)588- I Fax(561)585-5252 A,Idu rm ani No f BulTask Order No, W-02-20241 Quantum Blvd S'°Sarah Cravat geweu Main Repair 7 Page 568 of 1023 A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID TITLE. QUANTUM BLVD 8IN SANITARY GRAVITY SEWER MAIN REPAIR BID TASK ORDER N .: SW-02-2020 BIDDER. Johnson-Davis,Inc, DATE SUBM[TTED: We propose and agree, If this bid 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 oompletelprovide the work specified by the Contract documents. Having studied the documents prepared by., CAXAb_QyL11ga,,5 ................ and having examined the project site(when indicated In these speffications to do so),we propose to perform the work of this Project according to the Contract documents and the following addenda whIo h we have received, ADDENDUM NO. DATE ADDENDUM NO, DATE J_ 12117f2019____ ............................ ....................... ......................... ........ [:_J NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID JOHNSON-DAVIS, INC 604 Hillbrath Drive Lantana, FL 33462 Phone(561)588-1170 Fax (561)585-5252 Boynton Beach Utififles—Quantum Blvd 81n Sanitary Grwelty Sew Main 141 THIS PAGE TO HE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 570 of 1023 ---------------- 0 1 TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, no as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.SA92&650,as Florida's own standards. 'rho Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards, Such assurance shall be legally binding on all persons employed by-the Contractor and its subcontractors. The proposer Is also obligated to Identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE,THE PROPOSERS MUST COMPLETE*THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Johnson-Davi ,I N Name of e ame e scoftljohtls P A u "A tat Arizd n ore of Proposer To I *COMPLETION REQUIRES PROPOSERS TO FILL IN THE A PROPRIATE DE ILS VfWV;v THE FOLLOWING HEADINGS, Description Unit Quantity Unit Price Extended Price Methbd,. 91'r ZZ JOHNSOWDAVI,�, INC 604 F1111brath Dr'Ve Lantana, FL 33462 Phone Fax(.156115855252 Boynton Beach Utilities-Qmntum Blvd gin Sanitary Gravity Swmr Main 142 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 572 of 1023 i CERTIFICATION STATUTE § 287.135 I, Scott J.Johnson.President , on I of J® ns n- avis inQ certify Print Title o y Name that Johnson- vi In, does t: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the ScrutinizedCompanies that Boycott Israel is ; and a Is not on the Scrutinized Companies with Activities in Sudan List; and ® Is not on the ScrutinizedCompanies with Activilies in the Iran Petroleum Energy Sector List; and 5. Has of engaged In inss operations in Syria. Submitting false certification shall be deemed a material breach of contract. The Cityshall provide no is s in writing, to the Contractor of the City's determination concerning the false certification.The Contractorshall have ninety sfollowingreceipt of the notice to respond In writingand demonstrate that the determinationof falsecertification s made in error. If the Contractor o s not demonstrate that the City'st r i °or of false certification was made i error then the City shall have ttire right to terminate the contract seek civic remedies pursuant to Florida Statute §27®1 . Section °1 , Florida Statutes, prohibits the Cityfrom: 1 Contracting companies r goods or services in any amountthe time f bidding o , submitting a propos i for, or entering into or renewing t the company is an the Scrutinized o i s that Boycott Israel List, created o Section 215.4725, or f engagedin a boycottof Israel; Contracting i companies, for goods or services in any amount that are on either the Scrutinized o nis with activities in the Iran Petroleumn e or list created pursuant 1 #, I si s r ti res i ri fix u .� t Nr :4 H111brath Drive Lantana, FL 33462 .W QQ&i I ®Q,anwm am sin Sanitary Gravity Savver Main 149 raX 61)585-5252 T I TO BE SUBMITTEDI L IN ORDER FOR BID PACKAGE TO BE CONSIDEREDCOMPLETE L Page 574 of 1023 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled ontractor Name" doer, not participate in any boycott of Israel, Is not listed on the Scrutinized Companies that Boycott Israel List® is not listed an either the Scrutinized Companies with activities in the it Petroleum Energy Sector List® and Is not engaged In business operations In Syria. I understand that pursuant to section 287,135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I her understand that y contract will the City for ods or services may be terminated at the option of the City company is found to have sub(nitted a false certification or has been placed on the Sor o Denies with Activities IK ' or the Scrutinized Companies with Activities In the eurn Energy Sector t. ..�'rjflP , n r .9 _'�r S9 Johnson-Davis, Inc. 0 COMPANY NAME SIGNATURE \0 Scott J.Johnson President PRINT NAME TITLE JOHNSON-DAVIS, INC 604 H111brath Drive Lantana,Ff.33462 Phone 1561)588-1,170 Fax(56',1)585-5252 Boynton Beach Utilities—Quantum Blvd Bin Sanitary Graft Se"T Main 144 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONS]DERED COMPLETE AND ACCEPTABLE Page 576 of 1023 SAFETY PROGRAM COMPLIANCE Safety is a high priority In the conducting of business in the City of Boynton each. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and docurnented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Pro )to be in effect for the duration of the Contract(attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees. agents, etc. throughout the duration oft Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance oft safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the state t, I certify that this firm complies fully with the above requirements. Sratt JLj2ringon.8maLdQn VAL�HORIZED SIGNATURE JOHNSON-DAVIS, INC 604 Hillbrath Drivet Lantana,FL 33462 Phone(561)588-1170 Fax(5651)sBS-5252 Boynton Beach Utilities—Quantum Blvd Bin Sanitary Gravity Sawar Main 14.5 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 578 of 1023 JOHNS i D,X I , Dila 4 J,zgntz na, FL33462 Phone(561).588-1170 WARRANTIES Fax(56,1)585-5252 In consideration of, ana to induce the Award of THE C" ° F BOYNTON Construction 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 t perform all of the work required of the Contractori the ns ru ion Contract;and 2. That the facts stated in the Contractor's Bid and! i n the Contractor pursuant to the request or proposal for Bids, instructions to Contractors arid Specifications are true and correct In ll respects; and . That the Contractor has read and compliedit I of the requirements set forth in the request for Bids, Instructions to Contractors and Specifications; and dL That the Contractor warrants all materials supplied it under the terms of the Construction Contract are deliveredto the Cityof BoyntonBeach, Florida, free from any security interest, and other lien, n that the Contractor is a lawful owner having theright 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 materialsl° the Cityof Boynton Beach, Florida, under the Construction Contract r free from the rightful claims of any persons whomsoever, by way of patentr trademark infringement or the like; n 6. That the materials supplied under the ConstructionContract r rc an ble within the meaning the Uniform rci !Code Section 2-314;and . That the materials supplied under the ConstructionContract aref a from defectsin materials and workmanshipunder normal us service and that any such materials found to be defective shall be replacedthe Contractor as per the attached arr 8. That the materialslid pursuant to the Construction Contract are fit for the purposes r which they are intended to be used; that under normal use andmaintenance material ill continue fit for such purposes for the warrantyperiod r delivery, provided t the City shall give the Contractor notice that the materialsit to fulfill the such notice shall t in what respect the materials have failed to fulfill the warranty, here upon the Contractors ll be allowedreasonable time r receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the aerials cannot be made to fulfill the Contract within the warrantyperiod e Contractor ill either fumish duplicateat ri ls, or at its option n the amount paid, which shall constitute a settlement in full for all damages occasioned y reason this warranty fitness; and 9. That is Warranty is included in exposures for which the ontractor has products liability and completed operations insurance, In minimum amounts of Oneun r d Thousand tars Beach utilities—Quardurn Blvdin Son"Gravity Saw Main 146 THIS PAGE TO BE SUBMITTEDIN ORDER FOR TO BE CONSIDEREDL T L Page 580 of 1023 ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such Insurance coverage during the period of this Warranty; and la 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 oft Rem(s) that are not fabricated by the Contractor, and in accordance with the Contractors recommendations, a copy of which has either been supplied tot 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 or Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and ® That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. ® sealed and delivered on this day of lot, (SEAL) CONTRRACTOR f By ftoft J.Johnon, Vreaft J*son-Davlj, M6. Pt ATTEST: Secretary JOHNSON-DAVIS, INC 604,Hillbrath Drive Lantana, FL 33462 Phone(561)588-1.170 Fax(561)585-5252 Boynton each UU110as-Quantum Blvd Sin Sanitary GmAty Sewer in 147 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 582 of 1023 0; C) --4 10 U) -A LOc M (n (A 0 c Cl M x Z v go. M -V w w M 13 -3 0 rn cc La M M 3 El @ 4 rD U CL im r M 0 M, 0 EL M ar E3 Ear C, a K 3 CO has j spaS- iff mw CL Q) 0 RL ro 3 (n 0 = ra Le I 1 9:1, M :3 C -C M cr M > ff 9 . ur rn,3 =r VD 0 ca 0 0 zq; @ M .2 M M W.2 0 0 0 0 (n "I q CL 0 0 Z In 0 -n M u 3 ca r�D M M 0 0 0 Z (a M Zo cu M 0 0 ul 0 0 z ITI 0 6 a" I � 0 a a M 23 0 M M M LM Pi -4 M EL 0 Cc, M -3 C3 cv� KI -4 M M CL 0 0 3ry M 0 0 @ M 3 = c "A C- era 2 0 Page 584 of 1023 NIA STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form to: City of Boynton Beach, 124 E. Woolbright Road, Boynton Beach, Florida 33435, Failure to respond may resuft in deletion of vendor's name from the qualified bidder's list rte City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE- SIGNATURE: DATE: WE, the undersigned have declined to respond to your Bid Task Order No. SW-02-2020 for QUANTUM BOULEVARD SINCH SANITARY GRAVITY SEWER MAIN REPAIR because of the following reasons: Specifications too'lighto, i.e., geared toward brand or manufacturer only(explain ----------- below) Ins olent time to respond to the I nvitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications let meet bond requirements Specifications unclear(explain below) Other(specify below) REMARKS: 604 Hillbrath Drive Lantana, FL 33462 Phone(561)588-1170 Fax(561)585-5252 Boynton Beach utilitles—Quantum Blvd Sin Senitaq Gravity Sewer Main 149 Page 586 of 1023 r I 1 P 1 i ME AFETYPROG�11,"\' xxlaary� r��llr" ��,��iz�y �ex�s�� »�,� �,, �`lsx��t ��x � ,{laM ��`�; �d �6 ��`� Ul�i�� +�;111\�� 4 �, t z��ox�� \xo»� �IK \ir�x'� Page 588 of 1023 JOHNSON-DAN'IS INC. SAFETY PROGRAM I. Comparly SE&CtyPolicy H. Safety P li a Delegation of Responsibilities A. Nlarrrrgement Safety Officer 1). Jrjb Foreman/Superintendent Workers All i'lrsrrrarti G S te0wos m.ic,tors!a3`mpj. i e T's H- Other People/visitors 11L Safety Rules" tatting the Ward Out" A, Rules, I-2I B, Employee Acknowledgernen'i m'Receipt of Rifles C_ (,umpany Philosophy and lal ssa e To Employee- 1, Remember_. rhe mast irr pnrC ml, labra:of s Safety t'rulyraarra is (fie individual. Without veiy ne's cooperation,the moststringent program can be infective, IV Personal Prutectiv--Equipmcnt ,4%, Construction Industry I. Nonmetallic bard hat 3- S'llirt buflr ned at fi'oul .bl»)v 'VOth snug fittilig cuf-N and! no almtl is as required lih toil tucked in 6, Face Oiield when grinding,--weld-Ing hood whtn a.veldirrg rouser'S' with J..%o cuffs and lonig, eriough tot,,xicmd ever the tops of :6 10. aar`JFri rgr, as rr wird V. Safety Rule .rifibreement k Disciplinary Actim B. Autsara'aadc `use,erasion C, Enforcenriew ResIxinsibilifies 1 Page 590 of 1023 V1. Safety incenfive Pro mares A. No Repon-able LostTim e I- Every 4 montirs tracked 2. Enfire company receive a fliallk yoll gift B. SafetySug p rRecognition rfion L Award given for useful idea fliat is implennented($50,00) C, Annual Safetv Achievem.ent Recognilion I. '11c award criteria will vary based upon the sitar tions being reviewett We are looking for"a variehrof safety achievement possibilities. 41 Award given and achieveynentrecispived, VII, Daily Sai'my lnspceiion A, Overview of Jobsile Responsibility mid IIISpediOTI H, C'umq)flmnce Checklim r�orms to "SC 1. Main'office Tdechajuical shop 3, Trucking 4, Urban road construction Vlll. Preventative Mainleruince A, Overview Ct. Systelmalic,Inspections I. fools.,I-quipmerat machinery IVt�hiclez,(in and off road) 3, TAmerials handling equipment Storage area for hazardous chemicals Buildings,office trailers,equipment sturage trailers(interior&Werior) 6. Long haul trailers Compriv Maintenanec Department 1. lklonthly inspections 2. Pvlonthlv servicin,g 1), Local Authority'reifing,As Warrinted. I, Five extinguishers I-Ong houl trailers, 3, Ftc 'X -irst Aid Program CrI Overview ii. First Aid Kit and l'irit Aid Statio-n apjmoved supplies Firm Aid Kh I. 'rruc'k Drivers, I C""rews 3, Superintcndeius D. 1-irst Aid Station 1. e4lain Office Page 592 of 1023 I I&, Maintemance Shop I-", First Aid Certification Cardio/Vascular General Fir it Aid etc. k Definition of-an Accident B. Personal and Property C Supervision inve4igation D, Safbty Tearn Investigation E Personal Injury Report Fomi K Proper-ty Damage Reporting IFORTI G. Occupationai Health Physician 'Workcrs Comlimmation Cvwrier Reporting J, Rjqk Management Involvement X1. SafetyTrainIng ProgrHm A, Training T3reakdown I. Ovtn-view of Program 2- New 1-fire Oriemalfion 3, SLIPCTViSOr Training 4. C'Yews'lv!L)ntily""I-oolbq3x'f'kitks" Specialized Trairting 6, Dm Traiidrg(D.O.1', Contphanflp 13, Educminn and TrainirigAjea 1. Prevent strains, Sprain& bernigis I Prevent RON and tT;PrJil-,g Cru, J prevelit bes yllis ,f-nits. MIC i 4, Additionall preverneflVe hYR)TITI'Mi0fl, V,,� IP Se a I n,)per Exalupke Mcs�,mgL D, I'mining Material E, Cenifications Adininisiration) I. Com"'ITIC"d �pa(',C 2. Tieneb Safety 3, 'C"onmetem Persuris 4, etc. M L Ruord Keeping A. Accurate record keeping R Clo-mpliance Tederal and State of Florida I. Maintain OSHA 200 loe, post Febnuary I Workers Compensafion C"Inin, F'iles 3, S Ifet),Prograrn 4Safety Trainh),kyT-ducaljor' SaIldy Committee Meetings Page 594 of 1023 his,s to adv),,, aril parties c��c °� �, t�� trrarg ly adhere tthe prera i e tlrrrt accident lwrevs€�li �and industrial heallh are,just a"s important to this organization as quality and production! To drat and.every reasonable: sonable ef`part will Ire made to provide and rrr..airrt irr a sa&and he lata y work place. sada egrripi-ne.rrt and propermaterials. Our sat t rral,..sand regulations�cre developed for the prosection ofO€.fr clilpluyses, Suppliers,and ca yumiers rind we will insist up sale Yriethods and practices s art all tiracs. ME slab€r Safety Program is based on the philosophy that Johrrscrer_Idtavis Ine, will continually adhere to its, principal that accident prevention and industrial health are aas,t as irtrlr,artrrrat to this eyr° atrrL-.sli rt OLS integrity, workmanship,.ship, card company pride, Our Safety 11-rognum was developed for the protection of our ernployees,sub li ss,and customers' M?e insist upon salt melfurds and practices al all timo . We believe lhal nzero Pcei eni g alrpbsc is,possrble and our safety grogram is designed to c:rsturrrm€e€ale a prwar€l looking,positive vision to rrarr err,aplo ees. We feel tlra l the key to oursrr ressfaal safety l:rrGgr•ararl is Ilse l€ ur employees o acreage leaders. If th y believe EIr�,y are les�e€ rxr�rl tl7r°ir input matters, }�rt� they will be mor likely to tela res arnsi ility to make sure accir.le s ado Tael I'igrpper°i. Maar saf"ecy prograrn lea,*s ii s1r i"«°gy that is approfinato for our work environment ent nd we continue to expand upon dais Std IV&Ty, jCslanson-.Davis bic.'s werrkforre bas gra?2sv`n o, eT 11'e last eam and it was decided tl'uaii ,a high-'Me-vel o awareness would be a ''R at'2000 and confinuing prominent in ent g{:a of ocirsafaty p€';.w tr%a:nn, In response tS;.'s [his goal,in tsre swear'2'000,the safety position of'Safety Coordinator was added to work along side the l lR Manager to direct our safety nogrrarrt., Ier adrfitjoii,we redesigned ned our Safety Term to r l e 't the coinpaany's strong belief in giving its em la gees all the tools thet,need t r'eculvely manage their safest Itslwits and to arasivard everyone's efforts by establishingin eiati er programs mwitlr brats:€s col-term and long- ter ng- te:ue°Era gials. Ja hn—Son-Daavis Nic, Wants to assure its.suppliers and caastonler°s that:€ur %swidbice is trap notch and tart of a tearrn ofinolivated people that believe'lit safety is not just rules.angel regulations but a wAy o In addition gra.wilh Adhere to all Federal,.Marie and lc)eaal laws as€rat regulations pertaining tea ssltt4y<and health in the Conduct all operaali€ns witb good searse and safe prat„lives dist€c err€raerrsrar to `lith tire: oksrieal a;:onditionsw localions and circumstances of rarer jobs, Exercisc good judgement in the application arf°this policy.. Protect mrjnbyrs ofthe public as applicable, It is a condition of employment wide our company that all errs l gees adh re 1'�itl1ttal]f•tri the reelezorements rfour,saafcty lesfiry and renes_ We.: will r"rin e ever11 e3� �ri t'€&ensure tin :t 3'l Er pt 'tSf"s' GIcfivilies aC3se,no danger to our eS?1l zltE R". , I-ltrwevec,all ernployeery are asked to re ort immediately any potentially hazarclwis as tip=itics 01-£monditacrrrs to their Supervisor=, I Page 596 of 1023 All supovisory-persunncl have Ihe V M siuppoul ofaianag _,Cment to cwn:'yd out dhc nrovisjoos (..40U1S,'fery policy B V" B I freVr w loge"Wer as,,A team-W-4:"an all work safely P r- SA'.+-"':E'.",",,rY ' OLICY DELEC'U17,10" N 0FRESPONSIBILITIES To ensure that the company's safety policy is carried out,the fbilictwing assignments of responsibilih,are maide. Meme note that these individuals hmve the full suppo wt iuf maars e-ornow in 1.11C Pei formance dtheir All 11Intl Lo4mu en I I Estliblish rBlas inn desiq',,ped to proiciote safrsly and make these rules and propyams known tc% all ernployees. Make available the necessary training for employees to Jwforrn their Jobs safcly Provide protective equipment as Eqpplicabie- 4. lrnpress upon ewervurie tie rcspopsibilitand accountWlitY Of MCI,individual to maintaini asafic Work phace S. Record all ixiislances of'violations a-,,(I investigate all accidents. 6Discipline any eniploN.ee vedifully disiegareling this%dcky poflcy 7, Requiwc ell subconaradsirs and material suppliers to foih)w safety rules, S. Encourage kill contlactors to work safely. 9Appoint a Safety Officer(repurfing,dire ctly Io inanagerne nt)with enfbrcemepa ourhouity over sPR-.1y ma I t ers 10. COnd"et vlerioflic salety hispections of all Jobs-in process. I Responsible fila' overaR company safety and henilh perlorillanCe. NlakearvilikibsIt.- suil-ly maleritIN for serety mcelingso posters as required by Federa]7 Staie and local agencies aud firrt aid equipment, able su -if ty Tmining, includintg�first aid training and curtificatio-n, Make avail, porvisor and fibreinan s� illspe, 'i�ior SIR as ht ' 'AiDT's Of aili0b,Sik�s,maintain records and conthwaNy mon pects of Il saf�-cy Program fol effixtivelmss¢ 5„ Revieny ond investigate all serious Rccidcllls With the apProprilue personitel and take aill prolln"I se 131c3sUre Fta pwvk�'nt fiulher occun-ences, 6, Be Faujil im wilh alh laws and re"sulations penial-ning to saky,and ensure the coalpally as it, 7. h4onitor &afety activities r&olher contnactors lfbelow stftyrdards and posing as threat to tl,-,e avej,ail safety perfi-)r1latwe of Tile project, Be-present. if possible,for all safbp,and herdt'n 11"jispeeficnis,Surveys and Consultatiol's perforrued by Fcderal, Stale and lucal autliorities. 9, As cirl'unisiances dicurte,develop addilimial safe-'Qe'and lleahh rides, VAh-lier and procedurcs, 10. Appoint a company Safety'!'eam of -f rem,,.,wi and employces to instac the companry, rp'oJicy's funel-lor-ibifily- szf"'M t'c, T't'"R,nri 1, Establish 9 TegUlt1i'l-fleefirl-filne. Publish ew agen& Periodically chasm gC LIJre membership, Page 598 of 1023 I Review accident repons,help verify Causes a Tecornmend Corrective acti011, 4 Review problems. Review employee safety suggesti ons & Be a"think tank"fi:a.,now idepm 7, 11ear and investigate enap" ogee cxjaPlainw on potejoini'lly'nazardous condificins.inaieflai or equipinerit- Recommend awards or penalfies, 9,. Publ,'j'kh to inchide conni-Batee necontinendatioos. dirrect ihese io tnairigmnent. Job ForEegjxg�asmBJLSM)crip-tendent 1, Carry oul safety prograin at 11e mora z leve.1, 2, Be aware of all sat"ety requirements and safe working pmc-t ices. 1 Plan worh wivitzeq with adherence io sala working practices hy rnind, 4. instruct new employees and existhng eniployees pt%r1onning newlasks Ira safe-vrorking praoices,and provide their Crew with,corninifing instruction ono stife-try rcesulterrients, too]box talks. I'islail and inaintain devices to 'de? [lie pubjic frorn cunnpnny operations. I i prm 6Make sure.protective equies-nen,t is available an.41 used, T MA-e i,,,ure all work is periormed in a safe Trianner and no unsafe.conditions or equipmeio, are pl,esent, & Aci vsifliout delay lo correct all pietenflafly haznrd,-,ilqufijd,11�W'Safe acts and condifiome,which are withiri thescope of the posifion- 9Secure nrornmt rnedical aftentio.n, for any injuied cmq,floyee, M Log anarel.w.)-t ala hrJuries and safity viudialions. .......... l„ Work Sid"My n, Ruch as rrianner as to ensure own safety as %ve'Al as th?t of coworkers and others, 1� Requesi help when unsure how to perfierni any task spfe]y, 1, CO,n-M"t polonfially unsafi heis or cOnditions within thescope ofirnmedhit-,oork. 4, Report-any uncorrected,poterfiallyunsafe acts or cow'ditiom W supervision. for work in (rood mental and physical condidoil to sefely ciory area arsig-,-,d duties, — Avail Oneniselvez,of company nand industry sj..)onsored programs. 7- Use and maintpin. all' prnved safety de ccs, 8, TvInintain arid properly use all tools. 9. F0110"'V all Safetv rules. I I). F'ruvide lf`JJOW11ty requirements. 1oYees helxvit p h aft, s 11. Ask hnaafi e:fiat e,surjerviscir,, if ibere are x@'y tinestions C011cer-rih 9 PrOce(Alres or potentially hazardous Strive to make all operations safe. Maintain mental Pwd physical licalth c-cmdocive tO Wor-lding safleb%, Keep aa1I Work areas clear,and free ofdebr;s. 4. Assezis result ofthei.yr actions On the emit-V '.1-orkjilace,� Wo,,,K will be perfunned jr, ways 11aatcarise poienfial hazards for others. Linsahe condifienns will not be left ioiillipei-iI oiherswoik areas are, to be left with all saf ty prec-nutioris iu place� iff applicable Ix"bre th- woik arfatt. 6, Abide In,the s0ely riples and regulations ofown-, an ihcir, Wam,k in strict co0brmance Mali OSHA regulaflons, Page 600 of 1023 Subcontalgetoll"S13H)VIlers L Abid c by all of the stifety rules of the owner Plid other contraclors. Not ify all other contraclors when aulloits or activities undertakeAti them could affect the health or Safery of employees of other con1pardes. Check in w4thiob site supervision before enterhigjub site. 4Infiorm cowrolling contractor of all injuries to worker,%. 5Report to cowilroffing contractor of any potentially unsafi conditions that conne to their aiqentiorl. Other PleopleMsitors t. Abide by safery rules, Check io 'with protscr person so that pratective equipment can be pruvided, Reh lrla li"I"71171�' R" r if 'VIC elll,,� yvv"(M,"0") UKL, k"J"t .`, Sn,fiety rules cart only be eff dive,if they are known to everyone. The cornpany's safe�ry rules will lie: 1. Safely Is (he rcsponsihifit:y ofevei3mrie working for l'ohnson-Davis bic, 2, 11nauahknrized persomiel will not be pennitted oil or droll id 11tC Executive Offices,any jobsite areas, heavy uquipurent,yard and shop areas at any firile, 3, Each ernjll )yee is expecIed to exercise at iudgement and foresig a perfarmance of iheir 3 ji! in th duties to avoid inji,,Ty to thermselves arid to their fellow empillyees,damage to con,"arly propelity or Idarnaiwe to other propedy nGt belonging to the company. 4, Good hollsekeepihqr pi-rctices and habits must be main'tained at all times on alljobsi'tea and oil compana rennises. Stortroclons.x passageways,service rooms and pubfic ruesis should be kept clean and orderly and in a sanitary condition. Oil,geease arid water spillsnnust be cleaned up finmtwd5eatly and r'-parted to the Safety Officer. S' qualified arid aufloasnized dtivers and equipanera operators Mll operme coniparn Only corn1m.n vefincles and equipment, All sulte arid Jcic',,el traffic laxvs,rer t i-da—fiorls und speed hinils shall bQ observed by all persarinel, using conipany'vellicles or orlierequipirxiii being,used Rir uFavel on flublic hlghway3, joads and sheeis. f4ive.-S-trityl 1-Mssengers are required to wcar seat belts when the vtfiicicis ;i) nc.Aion 6Tail, aling is fare hibiled;each driveT willinlintain a see and pruderat distance hetwee�n their vohielt, and Ifle one ahead tit all fivnes and under all conditions, A rninirriurn dist anceref 1100 feen most be maiTlt3ined all all fin-jes iwooeen all companly vehicles and self-propelled equJpjYjcn1 rhoving ill tandem, uver--the-i-oad. All dri'vers operating a company vehicIe will apply :fig"fili re-fa terval rule" f6l 11affige saparation, 7, Riders and passengers will not be allowed alarry time an any compally vellicle, �In less spec,ifically aufliorized and directed by cornpany ntanagelnent. Drivers wfll insure thal, arly rider or pals-senger is so authovized before placing their vehiclis in miclion. S. The promicc ofciriployees hirching rides oil heavy espripment such as parU ' - I grade-s. 10a Itus,dozzers, scrapers, rolieis Crvilier vehicles not noTmalliv used for trawisparta llion(if persislis wfivr than the apeNOCT. is dal TfC11)'j?-.ohibJted. 'llie dri er or operatrnr uAll nut phace theirvelkicle in mot-Irris while ally Ligiataborized person is aboardand Nadi be 'held personally jesponsible to see litni no riders are on their vebicle when it i6 in rnotiom PI company s jas,��enger typee vhicles and pickup trucks be ba i passenger Seta All personliel riding iii pusi0oii or se�ated in a saft,posWon in thc bed of 1he inxk. Al wro finie ivill the driver phace ille Page 602 of 1023 vehicle in molion wNnavailable s1-01.1 belts are not fastened or when riecis are standing on running bi.,vards or seated on the side ofthe truck bed or on as tailgate with legs avid flet hariging, 10, If in the course of operating any truck, aoutornobile or piece ofequiptnern is comes inired down in mud, stuck in deep sand or dirt ar isotherwise incapable of rnoving forivard or backward under its own power, shut down and contact.year irvernan or other atithority for firriller assistatim, D yJ aflow another vehicle or piece of equipmentlo Jar.sh Or to your vehicle Lrnfij the situation has beer, evaluated by cwnpelout autborhy rind YOU 13r r'reserved specific instructions as to 1-iow to proceed, 11. Proper Clothing'appropriate for the job being done resect be wrinj in all coinparcy work areas andjob sites, Safe(,v slow sail! be worn by lbose ctingployees engaged in operawof lions here danger injuny of e f ,lett f' ex;sts. Sneakers.,te nis shoes, 11 jugging shoes,cajlvas�Miesh,rad(or-toes or Similar types of unsubstantial sbries are not allowed on Huy jub,at arry tar e, 12, Appropriate sailcty glasses,respirittors,fince 9hildq- f! Poles orproper,eel ders hood will be win, e ,a NvI vnever necessar C .1 protect ey s arnd face frain n1jury., i-e-,grulding,chipping,cable cutting, dvilling,Wrning welding, clutting with I cut-offsaw in either asplialf or concrete,Or in any cork area where protection frorn ah-borne contairdliation is esiaoitial to avoid injiny or illfrus& P ra rotective heagc r(frard hats or safely helinets)will be worn by all personnel who are exposed to d any overhead bazards such as,but not Dynited to,cranes,hoists,sclafflArlin g or w1lenviver working ill an excavntinil, Hard bats are required to be worn in all fiele,consfruction job sites at vill times by all Johnson-Davis lnc.,perrr nne! and visituors. 14ar prote'dion must be used in all ari.-aq whvre an ernEAoyec is exposed to a noise level which exceeds safo intensities or thne limits except Where such exposure is A:a finfrequeril periods ofshort duration, 15, Any ernployee failing 10 use approrH-ime,prarecuve equirrmeril will be subject to irrimcdiatc disciplinary iacnlon. 16. Horseplay,fightIng,ns e of or possession ofintoxicants or being under the influence of alcol",()l or a,, illegal sui)stiince oil Collipally properly ear Job date when working or visiting isstrictly piubibited. Violators mill be subJect to disciplinary action including irmuedode dismissal, 1` Every tzrniployee is strictly,prohibited from Ming oily olitect weighing more than 90 pounds by themselves, Eilber gset help from anothcremployee or use the many rorrns of niechanica! assistance that Tbe cornpany provides. In liffing,rise The legs, not 1he back;equal,don't ber-4 Step at close to the load., don't overreach to grasp or lift. Donro work far long periods in bent-over posifiixns, !8, AD tools. equipritent avid rnachinery 1vill be used cv operated Drily by authorized personnel wbo have been prolirerly insirrwied in the mealhud of'operation arid iive.as well as the manuf.a %11-r's c sp-ecificaporm as-w capabilities and limitations, 19, Hand toril,-, will not be useld for any purix.1se k-11-her than lhat fear-which they%yere designed- 20. Long Handled Shovels are StTiCtly PT013ibited On 911.1D anaaarr-Daavis jobsiles,kinless frifornled Lul-wrwilrie by managernerat 2L Electrical Jock-out safieov devices and waruing tags shall be used wheu work is being pt,,rJFbTjncA on all electrical ecluipmcni, or when an. ilern is knuwn to be unsafe for use or operation, 140 one o-ther than the installer sliall rornove any tans,lcxk-ow devicm, warning oi caution sijp,-�s frorn any time,Unless authorized by 111te person who installed the devices, Safe guards,protective covers or safety devices will nrot be icinoved ficun tools,equipiriejit car, i'llachillery,eycept for J-3-Jainteiiance purposes and shall be replaced when mainteriance has been cornfileted. Under no cirruwnstances %vill any piece of equilsinew be operat ed with a guard removed. 2 Only authorized persc-ninel 7r'ay repair,adjiisl vas after niachirierv, ioi)ls, inechanicall or electrical equipnieart. 24. Every ernployec must know the, location ofand how to use fiTe extingmishing equipment and Ira`wtai give the, fire alarm). 5, Fach Supervisor or f6i eman viii I I givt:: periodic i nstTucticins un locat ion and use of fire extingilishing equipi-nent arra! invIrro _or wat-1.),erylploycc under lh6r supervision on how in give afirqr alarm, '6, "No Smoking" Fipws,are to be obeyed at 811 tirTICS: P0tef1fiaHY baZer(IDUS areas are to be"Sluoke ,at all 11111CS, Page 604 of 1023 27 Willful violation of safety rules will Na grounds for discipfiflary action including dismissal and larmination, 2& Mmiamement personnel,superintendents and foreinan arr.resixinsible for compliance arid enfilrCelmeni of Company safety rules, 2f),. All employees must ackrat's wlecige receipt of their copy refuse Safety Prograrn lay signing the appropriate form. TterneMber—the most important part of a safety pro -am is the individual, Without everyone's cooperation,the most stringent itsmasacan be ineffective, Paste yourseffand your fellow workers by following the rules. Don't take chances—SAFETY FIRST! All rules musl be enforced and obeyed by managenmit and labor. The following are disciplimary actions involied for saf&-y m1r,violatians- I. A non-serious violation will result ill a Wriaell m1mina to the enlploym This Will include the dute and the riature of the safety violation, Both the employee and the wit I sign the nofice. A copy ,vill be givert to the employee and one cnpy kept hi rhe personnel fi1c, A serious violation will result in immediate terlyfination ofemployment (Shnilar records will be rraiintained as in pmagrriph 1-1. V blation of any ofthe following hems will subject the enniployce to automatic stispension subjeci to discharge: 1. Viciialion of OSHA regulafrionsu lata Wornirig to thejob preruises ortrying to work while mid .,alta'alta' ifli- IM ILICC or in I of,intoxicatingliquors or cantrolled substance" g Fighting or 1 fiht. ''Play PT2 irl 811-V f0l'Un—SCUMIRE, Mlks, wresifing,thruvring nurterk-d a, others,et;", a Coumpamy S,fely I'ules 6, Pircjecl Safety.Nmlte; Supc�riritenderjts`joh Foreman are cliarg I ,ed with the respnnsibility of enfierchig, U)c above regulations. They have, the support and assistance o0he Company. (1 I'll 11","1",7 ........... .......... The S,,,rfety ilincentive prograrn was developed as an excellent motivational mol w keep vvolkers" 11-tinds on safety and it) shom,them that".9afety can pay"for both management and labor, A incentive program %vill consist of', No Repoilable Lost Time: Tr,acked every j, monflis f-,niij e company receive as thmik you gift SiP-ty Sugg,:tstion Recognition Awaidgiv�,,n for useful idea that is implemented($50,00) 6 Page 606 of 1023 17c award' criteria a `flt 8a4 bas.d iinona the sItuat3sFnns .a beingreviewed. We are l '€„#kInk ,)r k ari tv`" of safety a chie"-ve-m :n"lt possibilnsim Aand .rpt enn anda.ch'"en:ern"aen;4t n�"`a` jj,;na�,.a�°d .,z I "Awurcriess at all Linn es" is the key to good safety prana.ticrs,. Sup rviaaom are out there wl,narc the wark is being dome and have a primary reksponnsiiail.itfat tan be on the to la.nngaat Erne rarncl to correct paten i l safety Safety iaasp:aa.ctiaanas art nn dAil ,c-o nstaaaat process ess annd will include such an.,,,as 7a,,,, L Pr perrtau ndirngof'puna le electrical equipment, Use "p rso naal protective uipnant.nat. i,. Housekeeping. x Walking and working surf ces. Handling,use and storage of toxic chemicals, . Flammable or explusive materials. Vehicles nannrl equip~tlnientt -a^tnnaditiO n aITICI OJIF-a,16ona. B. Sealbefts lra n:se 9, Any special anctiviti in propr san,. In addition supervisors wi.11R 1. wmch iaaaw People nnrove and p es-1tnaaaa flheia w d,1 S' Look for ways to anhmiatante strain ianjnnrics.,mnaai any aaclivitits that may poleritially inajanr asih rs or damage arnst t°i l;manchiin s,or equipment, ro-mpany stay coordinator will cle monatlnly iaasp ectionas of all job sites. 4. Results r,f1hesav arespedi e surve-y's will be made available to management Firma:]slam , {�rl. aM F.i 1"Ire e naive nnnasiatteriannnce schedules should e developed fain the systematic inspection and xtgmia of: 1. Tools,equiprr em and rnnaachinmT. Vehicles(on aan"x 3, Materials hand Hug erinaipnraenat. 4. Storago a m as for hazardous chemicals. Buildings,office trailers, quipsnient ,at=ran +, trailers p`in°ntn:.n`ior and exterior). . Company maintenance service depaant=nwent will do monthly servicinglinspections of ll rnaach atery and equipinellt, . All lasnn ,haul trailers will be tesierl b; - ]scam :aaa horities Ro uccussary rr p:sirs and nn.em 3=al regulations. Page 608 of 1023 FIMSTAJDPROGRAM `Flie,iniportance cArArst aid availability un thejob site cannot be overemphasized. OSHA 1926 50(c) Subpart requires the employer to provide a person on the job site%%,no has a validcertificate in first aid trainingfrom the American Red Cross,U.S. Bureau of Mries,or equiWilent Training when rriedien] assistance is not reasonably accessible ill terIDS Of tiffle OT diStBrICe 10 the sty.. The latest infixination is that OSTIA is using"thicT minutes"as The rule of fliumb for"reasonably accessible". "Ille fiu,st aid prugram,must include the fudlowing, I L All supplies in the first aid kit mus! he alillroved and casily accessible. All slefile itc.nis inust be indMdually sealed and slore(lt ill a ''n nto,�lt L H each inond,to el'Mffe Y'ePl2Ce1TlV.l1t of expericled itenis. ', vel Y fi rs I did k' M I -ob si 'have adequate eg-l"pinent ava-Hable fk)r'promw tFM)SP0r(A&fl`-" 01'1111C i9JUnlo] arid J Jj Res gnust I I M., conlinuniclitions system for calling et-nergency rnedicalservfilles, 1'eleplhane numbers of fosphais `.x- arr-lbolam,.-,,esmust be r-OnSpicuously poslac& 4 A "cool down"area MUSI tte provided for ernergency trealntent,i.e.partrible-water. ACr""I,DEN'),'I",TVESTIGA'I"l�(. ...........--———------------------------------------------- An accident is"any errnpliantled occurrence that could havil-, catised injur:%, cm dainage",and, ,vJ)ej1 all accidt:n.t ock.-airs—everybody loses! Each and ewer- IT y accide,ril Must br i hive stir asxermin what really happened and why. ALc idell, ill vesligafloyl is rnue'll more. than just Iciggint, I �n file office �andiepo i givo Equk'Unent fifflure Clr worker carelessness are not causes ofaccildents, but syraptoins. W118[ is irilportant to,develop is"WHA]'"caused the equipannit iD lb,il or"WHY" was dit, woikel,careless, By getting to the root of lire problein or sjtuaflona this hiformation can and imist be used to correel tile deficiency cne prewnt acciderl(a]accidents. ALL ACCIDI,"N"J'S IN V0LVDNC3 PERSONNEL, uven if"i-iledical(lnl-v--claims; and damage to nolienal, equipment or maebinery will be invesfigs.ted by irnmediate siqxrvision as follows: 1. Investigation coniducled as soon as possible, It s" condificlT -Ile -hange as wolk, progicsses and/ur vitnesk&, s jiwy not remain avdull e. 2, Speak to witnesses helividuallywhile facts are still "fresit`and as xlot.ided by group opilliox-1, 3, Write eve�qthing dov,,ri on applicat�§Ie repol,tirig,f(jptllis, it C Take photographs, if necessary, Complete the appropriate repwing lbrin, Autonmbilc losses Third parly lusses J Olin so I'l-Dav is ho'c", ................... 1.„.a'1,-,ijob site itnust be prl,,>perly investigat,cd. Pan ot'the h -loll i%the conipletiotl of a thorough accident repwle This complele reportrrust be fibiwarded to inwiagemerit and the Salary, Director to erisure iflat the woflkcrs` compvnm(ion QuTier can he notified. ii Page 610 of 1023 A cumplete accit.lew report must coniain the followint: E. EF111110yee infornlatiom Name,address,social security aurnber, marital :talus.,occupation and firth dam job site jjni'ormfion. Address ofjob site,employce occupallon, unvirmunemal contindom, Accident data, ;reformation on what employee was doing,how the accident happened,who was in,iured an(i Wjr)erel Dian tarts should be included, 4. Eyewilnesses. - Names o.FeyewiInI-,ism-.,.s and obtain ridividual staternuts, 5Safety Rtde,,s. - List Safety rules in What could have been on to prevent the aceidejlt. 6. Analysis, - Pfi]IIAI , SCL0F)(hd?-V,,Mid contributory causes of the accidwit. 7. Cor revfipie Action. - Steps fc, be taken to prei2ent reoccurrence of this or similar incideds. Completeness offlie acuident TCjsOq is Cc!"'ey. Jrthe repoiud inf-brination is used and acled upon,lhejolb We V-111 be Safer and ifie're Wfl! be increased emplaye-I morale/safety consciousness, SAFETYTRAINING PROGkAM --.................. Work rules Pre%Cni c 41 uri'm but Yom an't Write vmprk rules for emy situation, 'Peoplmust e be Trajued in I J the salt pufunname, of s,pecifk task.-. Hands on and visual lessons have a greater relention fador than Iflain leading material, "Show, and fe];` is numv effecTive lhpr)'�tefl'l ordly. Thus:are thme types of training: training for specific lasks traijiinp� in accidem im-voidance and prevention hazard zecommendation Generalaccid-ent avoid 8nce and prevention is extremely importmat. E,pens ristimate- Lip to 80% accidents msuh from humaq errur, There are no standards or rules to prevent a work-eir ftom missinga stake with a barnmer and hitting his own krim To prevent the accidenis,you have to"get inside-111C work ei'shead. Constant Qraa.isli€ag heips accomphsh this, New Ct ,...........I IM) A new can lbe clefined as any person unfiasufflar with fart actual job fmperafion. This incWes: i.xTsms ne%v U,the cornpany Ips gc t Is r � job site pe--mr"i", new to a zFe"N' persoms TICW ID a imartit-Mar iask or i-rocess 9 Page 612 of 1023 New employees, evzn those with experience,cannot be assumed to have the proper safety traillijig, it is reported that new emphwees are responsible Re,50% of the loial iitiuries-with as inany as one in four tieing injured during their first mon1h on the iob All employecs i,epurfing to a projecl should be orienled io comparry policies, special site safel-v requirements, and sailery procedures for their assigned tasks, New employee safet), orientation' sets the lone fier safety on construct tiara site& The superintendent/fDreman is assigned the ofivniation duties.distributing sailety rules an(] materials, explaining them and niaking sure they are read and understootl. In acidilion, the superintendeni Ibreman rnusu: inUs the Worker's P-Mvious experience, be DfffsiFnied,and whal is expected of II e�worker, Describe work to 611 3� Explain proper use ofrequired nersuital pnotectiva "(3townerit. 4, Walk around,pa:'iw out hazarsis,off lands arLss; slid specific work ri.sJ',es ill acfiojj, 5, Twroduce new weaker to cc-svorkers and direct Supervision. +`i, Answer employle questions. 7. Ascleilain employee fears such as licight or confimed srl.ace. °-allow up to inake,sure,procedures and rules are understood. 9, Main required signatures and fibrocrd to new orriplo,,Ws pereselnef fija. Where poesib.T,new ernployees shotdd begin, worl". in a Jow Iguzard evivironniern and be assigned to experic'nced,safety iraining crews- 5YAMMiso—r-T.raininc". On sile and Lantana sup ervisc-iry personnel need peiiodic iiistnitdon for rnaintainingrind enhancing their communication and instructional skills. E1100ft 11"ool Birl Talks. 1. Pick to specific fime each inundi and stick to it,. Conducted bviab site personnel. 11, Prepare text ibal is adapted to job condil.ions. 4. Discuss sidtod condilicyns on each project, 5, Include time for quesdons and concerns aboin sidely, 6. Keep written records oftopies covered and fist c.:)F altendees. (E-xrhihii, ofattendlees Form aittached.) The;11-aining includes the OSHA Hazard Con-n-nunicafion Standard and Ilse Florida In h;'',o K n ciw La w Employees must be trained on the safe We 01'ehemicals in the or place—before they begin to work wills a cbeinical and as new chemical hazards are inifoduced ixitu the work place, This specialized training rnusl include: I.. 11rovisions of the ha?ard ectasia unication standard" 2, How to detect as chef-nical exl:)osure, "I -id heallh hazards of the chernicals, Physical 31 4. Use inn availabibly ofMaiefial &afaty Data Shecic, Safe work practices andlor neccesary per-sonal protective equipolerit_ Detailed records of each employce-s training will be kept, including date,time,place,hazardous' chenilcal mases-ed., ninne ofeniployee and insiniCtal-. 10 Page 614 of 1023 Requimments of The I lazard Common icat ions Standard and ihe Florida ffiqj',,t fi)firm w Law will be posted at each job site, Driver Train-- All drivers of company vehicles,local and long distance, must be trained in delbnsive driving skills, All will have the r=essary licenses, ACKICIDENT PREWENTION T W1 The hmuoryee,�3 Huyv-1-hey Can breve at Accidents == - - I� !.11ILm. --2-1—— ......idents stmislic-q Show thal it accider.11 prevention is adhered io in ffie k1lowing,three uuea:�, dm- rm., oirily or'accidents wom'd riot occur, Tell aploylecs upon hiring and purimlivally thereafter the safe vmy to: F, Bend knees when fiffing Use huddy systern for heavy okiects Use mechanical equipment WheHeWT possible S I rot ch and "wa rm up"befibre Ix-gin n I n g Nvork 'Fake a"shoi,t break"when fired 'TUMJeef`--don't twist body when moving ffih)gs Know yo Ln hyininfions Rvr(,v e,lilt F@Hh�, &Y Report unguarded balconjes mid scaffolds to scup erviso, Throw debris in ift,pioper place.,nol on 1,he floor Plan VOUr MUsle oftruvel befibre carrying obJ ects around for Olustrudiuus"firsi Wem pruper fum"'weir.- am 5neakers,Qip-flops,imids shoes, 1,jever back �,ip a spotter guiding you Rimming is prolihibitesJ Secui-mlid 'Lic off luidders before use prin"'EMY1. ---- s---'----E R. ... .ate-��z Wear 81oves Hold toods properly Use ris ii toul f r i0� it j ub )<cap hands away from"pinch points" Xcep hands frvs of grease/aijl Wcai proper cluthing-shirts,long Palls',etc. Kearts inachine gtmrds in p)qce Remove Jewelry .fa............................ ...................................................................................... fflit'? lucalim, Jf Page 616 of 1023 a . onfl aerl Space trafiningniaterialls will cover r boil)OSIJA and NI JCA aat'irrarad Utility C 'ratr Cta rs : s n:iaation)standards, See the.yol'ar son...l as ie,Itrc„ Confined Space ErAry Program. .A. Competent Person traaiarin�will arlsc,coven treo la safely and the:maat r-.aa�:ls will cover l olb OI I and NUCA sttaraclrrads. .A Competent Prsroat�Wl la c; on site to hasped.the Job las s's t1t haaa tds,and re-access the jobsite after any conditions change.. k �� $., Wben aims, si sa is and oamcades clo not TrovI'de aaec ssaryr m-tion on or aa"diatcent to a high-way or street,dagger or other appropriate tnaf is controls shall be pv id d. B, la ":,°cr"shall be provided with and shall +,,ear a red or orangewarning garment while fl.sa!,,gin . Warr"r13[r;4yi?2"t"aBea7t4 1r•:?T"r$ in night shall y':,''rsl6;tcaS3r""e ?t"tiatrrril. RECORD J(J[,..EFING .€gra increasingly irart:rrartaraat part of a c°oaa pleie safety prograrn is accurvite record keeping, In accordance avitla Local.State and Fedcral e aalaatiraras. t. Nlaintain s logof recordable,occupational injuries and Illnesses on sada employee. log trtust be maintained at the beginning of each job and at the,beginning of each year. The must be tta irttaained on the job and posted durIng February of eacli year on the company bulletin "l`be log must be available for reviv%v during an OSI IA laaspect'irrar.. A addition,the record keeping portion of the saal�,ty" program must include'. I. Attendance slash.:tat at(raining, sessions and safety rtacctings.(attached) `, Imratlaltry=ca, acknowledgements ent uNraining,and safety materials r cei d, a Factual iecording of all worh related accidents and illnesses. a.l� l It reccirding must drtsk drt7 itris by type cfscidaatarai ,nature,dandy location ad basic cause, Accurate claim records with updates, The above record keu ting will assi,t in the tar.crarsae t°saml.letlrtaa of OSHA 2M Page 618 of 1023 plepse teal,off Ihis page and return it to your SmfelCy$,..o4m,din,IMT. Prcai nun and fully understand that I BITS tri fOJIONV al➢ COInpany PtriiCies Wilhirr. ] Undersland drat c i sip roan action rn y follow any rpt off°irrsubor 'ination rx disrepard of any company policy. Page 620 of 1023 SW4M=-QUANTUM BOULEVARD B"SANITARY SEWER ROM RFQ NO.ca"21-191fill PRE TIO OF OCINTRACIRCIRS FOR MINOR UTILITIES CONSTRUCHON SERVICES-BID FORM REVISED 22/17/2019 SPEC DESCRIPTION tI UNIT GENERAL CONOffWN5 AMOUNT MobilizatiotHDarnoblikeffflam:Be:na,%k==re;nc-ZLsnd Cowl Raqui;;ments. J1 1.1'1.B ;Conwjvctar=..R1l be N-1Ptfi..d'1 ;th.11glu,,d 1 LS $ 6,360.02 2 1.11.0 Pro/Post Cansh-urdon 1 LS 750 73&00 3 111.1) CCTV ins Won I LS L500-00 4 LII.E MOT Residential 7 EA $ 72100 5,075.00 111.11 Indernniffnalort Sub-Tand&neral conditions S 13,710.00 PIPING CONFIGURATION 6 1.112 EKcavate,Furnish and Repair it S to Sewer MOM I LS S 62,S 00 62 swim — 7 —1.1I. Adlust 9Alaashale REn end Oe to grade I EA $ 1,250,00 — B LILI Rwnwe ond Dispose af Cancrom go SIR 12,00 Ij Tml A,bal FOOT a'F'Curb so Lr 75.00 $ 3 lo Lil.K Landwon Raftnatil(He ral Sad.Mulcl Ile al I IS 9 Am 11 It ftvemgnt TILL oval a 1) salol w, 70 ST 15 53M 12 1 JLJI.M Ful l Rall ml -1l 13 1.11.N F in illi I ii,install ,I ' I All Posit Irl courso 70 3T 6100 4 MSOOM e I neraft '00 12-rambarl 5" OR% e,9 T- 70 Sy 13.05 Slam, 16 1.11,0 all'Rul Puma Indudi Vasora r 4 DY 100.00 $ 400im 1.7 LILR S'B ass Pump Induding Monficul 4 DY $ 9&00 ig jLAX-) 4.1-pass—Pcarn11i Including Mul 4 DY 80.00 S WELL POINT SYSTEM AND DE-WATERTING I 1,6wjn Sul I'atal aw; Total Bid Price(in Numbers) 106,7MG0 Total Bid Price(in Words) Hundred Ninety Dl Name or Fill Submitting Bid Propieval (PRINT) Jdkay Mcklechl Opwadors Marna of Person Submitting Old Proposal no er A Auth wd '6 — a W (PR Name of Person Submitting Bid Proposal (SIGNATURE) no V9 20 Page 622 of 1023 Giannettl ContracUng Corporaflon THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boyntm Beach aP —Quantum Blvd BinGravity r Main 940 Page 624 of 1023 A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID TITLE: QUANTUM BLVD 8IN SANITARY GRAVITY SEWER MAIN REPAIR BID TASK ORDER NO.: SW-02-2020 13IDDER: DATE SUBMITTED: We propose and ag roe, if this bid 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/pmvide the work specified by the Contract documents. Having studied the documents prepared by. City of Boynton Beach and having examined the project site(when Indicated in these specfflcauons to do so),we propose to perform the work of this Proect according to the Contract documents and the following addends which we have received: ADDENDUM NO. DATE ADDENDUM NO. DATE lei NO ADDENDUM WAS RECEIVED IN CONNEC11ON WITH THIS BID BWnton Beach U11ies—Quantum Blvd ffin Sanitary Graft Samr Main 141 THIS PAGE TO BE SUBMITTED ALO NO WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AMD ACCEPTABLE Page 626 of 1023 TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3® known as the Trench Safety Act became law. This incorporates the Occupational Safety & Heafth Administration (OSHA) revised excavation safety standards,citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that It is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and Its subcontractors. The proposer is also obligated to identify Its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE;THE PROPOSERS MUST COMPLETE*THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Giannetti Contracting Corporation Name of Proposer AuthorIzdS-1ag0'Xnature of Proposer Richard Gibbs III, President&Treasurer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method Trench S Lim—SU M -12&DQM— Trench S.t I Box Boynton each UtIfte-Quantum Blvd gin Sanitary Graft Swer Main 142 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO HE CONSIDERED COMPLETE AND AWEPTABLE Page 628 of 1023 iii 0 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 Giannetti Contracting I, Richard GibbsIII on behalf of Corporation certify Print that Glannettl Contracting Corporation does not: Company 7. Participate in a boycott of Israel',and . IS not on the Scrutiniiwd CompaniesIsrael List . Is not an the Scrutinized CompaniesActivities in Sudan List; and . Is not on the Scruflnbmdi Iran Petroleum engagedEnergy Sector List and 5. Has not in i s operations in Syria. Submitting certification shalle t rti t. The City shall provide notice, i i Contractor of thes determination concerning certification. nt r shall have ninetyI i of the noticeto respond in writingn r f tin of false Certification was made in error. If the Contractor determination i i i error then the City shall have the right to terminatet seek civil remedies urs t to Florida 287.135. Section 7.136, Florida Statutes, prohibitsi from: 1) Contracting withi r services in any amount If at the timef bidding on, submitting r I for, or entering into rrenewing is on the Scrutinized Companies t Boycott Israel List, created to Sectiont r i engaged in a boycott of Israel;and ContracUng withcompanies, t goods or services in any amount that are on either Scrutinized Companies ! "i 'in the Iran Petroleumr list, created urs to s. 215.473, r are engagedin businessoperations in Syria. Swinton Beach U11111as—Quanturn Blvd 81n8anftary Gravity Sewer Main 143 THIS PAGE TO BE SUBMITTED ALONG WITHL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 630 of 1023 As the person authorized to sign on behalf oft Contractor, I hereby certify that the company identified above int section entitled "Contractor Name"does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, Is not listed on ether the Scrutinized Companies with activities In the Iran Petroleum Energy Sector List, and Is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a faI se certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Giannettl Contracting rporab n --------- COMPANY NAME SIGNATURE Richard Gibbs III President & Treasurer PRINT NAME TITLE Boynion Beach UU111194—Quardurn BIW Sin Sankery Gravity 3 in 144 THIS PAGE TO 13E SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR 131D PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 632 of 1023 0 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shaII be given to contractors with an established safety program following O.S.H.A. guidelines. and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s)to be in effect for the duration of the Contract(affach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc.throughout the duration of the Contract- 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully wfth the above requirements. AUTV6RIZ DSIGNATURE Richard Gibbs 111, President &Treasurer Boynton Beach Utilities®Quantum Blvd Sin Santlary Gravity Sewer Main 145 THIS PAGE TO 13E SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO 13E CONSIDERED COMPLETE AND ACCEPTABLE Page 634 of 1023 0 WARRANTIES In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLOPJDA, Construction 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 int Construction 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 Construction Contract are delivered tot 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 6. That the materials supplied to the City of Boynton Beach, Florida, under the Construction 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 Construction Contract ar&merchantable within the meaning of the Uniform Commercial Code Section 2-314;and 7. That the materials supplied under the Construction 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. a. That the materials supplied pursuant to the Construction Contract are fit for the purposes for is 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 del", 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 fumish 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 Hundred Thousand Boynton Boach Uffities-Quantum BN sin Sankary Gra%dty Bower Main 146 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 636 of 1023 ($100.000-00) ell rs for property damage and Three ($300,000.00) Dollars r personal Injury as shown an the CertificatesInsurance attached hereto, and the Contractor agrees to keep such insurance iperiod Warranty; and 1 . That it ix r this rr n t ) hereby warranted operated and maintained the Cityin accordance with recommendations i f the item(s) that are not fabricatedthe Contractor, and in accordancewith o r r's recommendations, a copy of which eitherhas been suppliedthe Cityof Boynton Beach shouldmaintain complete accuraterecords ime of performance of maintenanceshowing li with such instructions, cc this rr , the Cityy , Florida, t such records t r upon request in the event of claim r r by the City; 41. The foregoingminimum to other Warranties offered. They are not substituted, t In additioni ; and 12. That it is ag read and understood by the Contractor that the City of Boynton , i ;induced to enter the Constructiont in reliance this _•}I.y'f"'iii''C)�7 Py': t3a , SIGNED,sealed and delivered on this . `° i ticting Corporation ByRichardI q President &Treasurer r \AJ 4 F- c ich®as J. Boynton Beach Utilities—Quantum BM Sin sanitary Gravityr Main 147 THIS PAGE TO BE SU13MITTED ALONG WITH BID CONSIDEREDFOR PACKAGE TO BE Page 638 of 1023 0 BID TASK ORDER No.SW-024020 SCHEDULE WS-CONTRACTORS The Undersigned Bidder proposes the Iblowbig mWor subsontackes for the major areas of work for the Pissect. The Bidder Is hinher notable that rs shall be property Ikensed,bondable and shall be requiredh the City wfih e Corlificate of lissumser In accordance with the contract general conditions. This poge may be reproduced for Bring additional if required. XWe and&ddress of Sub- Contract Contractor 9'liC s Amount 111d can-wet N/A We `II self perform all work. sig tubr 27,2019 pony,Richard GibbsIII® President&Treasurer Gannett!Contract! � Owner thr j r srs r vlou ty hilled In the proper perfarmence of on award,or flated to deliver on time contracts Irr s 61miler nature, o is not nsponsiblaRmancial capablift kick of resounces, M)to perform under this award,Owner menresht to Insped all faciftlasof any r in order to make a determination as to the"olng. Saynban Beach Users-Quardum Blvd Cn Barney GmWtp BawwLUn Ida THM PAGE TO HE SUBMITTED ALONG WITH PROPOSAL IN E FOR 010 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 640 of 1023 STATEMENT OF NO BID If you are not biddingi I form to: City of Boynton Beach, 124 t Road, BoyntonBeach, Florida 33435. Failure to respond may result In deletion of vendoes name from the qualified for the City . COMPANY NAME: SIGNATURE: the undersigned li respond to your Bid Task Order r QUANTUM BOULEVARD BINCH SANITARY GRAVITY SEWER MAIN REPAIR because of the following . Specificationsi ", I. ., geared toward brand or manufacturer only(explain below) Insufficient i Invitation We do not offer this r r an equivalent permitOur product schedule would not to perfbrm Unableto meet specifications Unableuir Specifications I (explain Other(specify below) Boynton Beach U1111ties-Quantum BlvdI vi r Main 149 Page 642 of 1023 The 01y of each Boynton B Procurement Services 3301 Quantum Boulevad,Suite 101 Boynton Beach,FL 33426 P.0.Box 310 Boynton Btmcb,Florida 33425-03 10 %Iuantu culaward 8-Inch Sanbry Gravity Sower Main Repair' nr B BID No.- SW-02-2020 RESPONDENT MUST SIGN,DATE AND INCLUDE THIS"ACKNOWLEDGEMENT OF ADDENDUM NO. I WITH BID SUBMITTAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Robert PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE Gianneft!Contracting Qgporation December 17, 2019 NAME OF COMPANY DATE AddendurnNo.I BidTasic0nicrNo.3 - lvd 8"Sitaltary Gravity Sower Main Raimir 7 Page 644 of 1023 CONSENT RESOLU71ON OF THE SHAREHOLDERS, OFFICERS AND DIRECTORS OF GIANNETTI CONTRACTING CORPORATION The undersigned, being all the Shareholders, Officers and Directors of Giannetti Contracting Corporation, a Florida corporation (the "Company") do hereby, by this Consent Resolution, adopt the following resolutions, hereby waiving notice and call of a meeting therefore, to is WHEREAS. Glannett! Contracting Corporation during the course of its business operations is required to submit prequalffication bid packages and bid proposals to various municipalities, owners, and prospective customers; WHEREAS, Glannatti Contracting Corporation needs an authorized signatory in order to submit prequalification bid packages and actual bid packages, as part of Its ongoing business operations-, WHEREAS, the Shareholders, Officers and Directors of Giannetti Contracting Corporation, desire to set forth the individuals who are authorized to sign any bid qualification packages and actual bids to various owners, IT IS HEREBY RESOLVED, that the Shareholders, Officers and Directors of the Company hereby consent and approve the following individuals, as authorized signatory representatives. to sign any preq ualifi cation bid packages and actual bids, on behalf of Glannetti Contracting Corporation. The in 'Aduals authofted are as follows: Richard Gibbs III President I Treasurer Nicholas Apostol Vice President/Secretary Jeffery MeInk Authorized Signatory IT IS HEREBY FURTHER RESOLVED. that any of the authorized representatives identified above are hereby authorized and directed to execute all documents, instruments or papers necessary to effectuate any prequallfication bid packages and/or actual bid packages, on behalf of Glannettl Contracting Corporation. . IT 13 HEREBY FURTHER RESOLVED, that the Shareholders Officer and Directors hereby affirm, ratify and consent to all actions to be taken, agreements to be executed, documents to be delivered by Giannettl Contracting Corporation, as it relates to prequallfication bid packages and actual bid packages to various owners. ***SIGNATURES ON FOLLOWING PAGE*** Page 646 of 1023 IN WITNESS WHEREOF, the undersigned being the all of the Shareholders, Officers and Directors of Giannattl Contracting Corporation do hereby declare that the actions taken by the foregoing resolutions are int best interest of Gr Contracting Corporation and that they have executed this Consent Resolution as of this V of January, 201 B. By: RlchiFd6ibbs III, Its: Shareholder, Officer and Director y: NicholasAposto Its: Shareholder,Sl oar and Director —Kngelina� lannetti, reeffiVand Co-Trustee By: A lin Di g� o of f the IRI y L. Giannettl Family Trust, Dated August 1, 2006 Its: Shareholder and Director 1579.12M 131E conseM resolutbn Page 648 of 1023 SW-02-2020-QUANTUM BOULEVARD r SANfFARV SEWER REPAIR RFQ NO.025-2822-29/MFD PRE-QUALIFICATIKIN OF CONTRACTORS FOR MINOR LMLMES CONSTRUCTION SUNICES-RID FOAM RE'WSED 12,1117/201,'D TECH SPEC. ITRUNIT QST ...OUNT SC21125 thESCRIFFION wti' Y UNIT GENERAL CONDTnONS Mobftiation/Demobilization,Bonds,insuranre and�Genmm eral Requien I LS 9,0M.00 %0000 Contractor shall be iiinited to a Maximum of sly(6%�of Owe total bidptice. 1.11.0 Pre/Post onstruction Pitkleos I I. SR awl —7 —7—Too—w-m 3 ,,.ILD CM Inspectlare I E %souq 4 .1.ILL MOTIResidential Street1 Ei 3,3 089 23J00.M 5 : ---------------—-= . _ 2 (* utb- s 'Total"'Gen I ItIons $ 4W5.00 PIPING COPIRGURATION 6 1.21.6 Excavate,Furnish and Repair S'Sayfrory 5awer Main 2 is $ 33,800.00 $ 3SAW.00 7 1.11-H Adjust IManhals Ringand Cover to Grade 2 EA $ 800-00 .8 1.11.I Remcive a IDISnncv of rinnngre SF $ 3040 $ z, 40 9 1.11J Furnish&Ila gaIIP rdwTime 1"1, tarb so __LF j' 600 $ 3 M 10 1.11 Landiwirm FWvtekratimri(Flofstam Seel,Mukti,Nedps,) 2 15 $ 7,500= Trm Cal 11 1.22. Remcmal 60 SY $ 7&00 4„5=0 12 1.11.,M Furnish Sy $ I 3,0d0W.00 ii9.00 23 'L.U.N Furwish, 70 SY 14 1.11.E a Umer '70 Sy 3950 Is 1S 1w11 P22"'Com 70 $ 3100 2-7x,3-tom .16 128' a,BY08 4 DY Bi4enumu 17 7 100 .19 $ SAWDO VML MNT WMIMWO DE-WATERING Total Bid Price(in Numbers) ----------- Total Bid Price!(in Words) One Hundred Ned;VThreae Thousand,Mne Hundred and Five Ddlers.&00/100 Cents Name of Firm Submitting Bid Proposal CefflodbM kne. (PRINT) Name of Person Submitting Bid Proposal RandyStringor Name of Person Submitting aid Proposal (SIGNATURE) lite: IMIN28 Page 650 of 1023 STATEMENT OF NO BID If you are not bidding on this i Ic ity, please completei Boynton Beach, 124 E. Woolbright , Florida 33436. Failure in deletionibidder's list for the City . COMPANYFloridaiDrilling or r i 7733 Hooper , West Palm1 561-844-2966 SIGNATURE: DATE: 1113 e undersigned havedeclined son o your Bid Task Order No. QUANTUM BOULEVARD SINCH SANITARY GRAVITY SEWER MAIN REPAIR because of the following reasons. Specifications t "tight", i.e., geared toward brandr manufacturer only(explain below) Insufficient to respond to the Invitation We do of offer this productor an equivalent Our product scheduleof not permit us to perform Unableo meet specifications Unable requirements Specifications I r( Ii below) Other(specify below) We do not perform thisf work. Boynton Beach utilities—Quantum Blvd Sinsanitary Gravity Sewer Main 149 Page 652 of 1023 R20-003 AGREEMENT40 BETWEEN THE CITYTCONTRACTORS FOR MINOR TILTTY CONSTRUCTION SERV THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafterr fern to as 'the Cityw. and JOHNSON-DAVIS, INC., hereinafter referred to as 'CONTRACTOR*, i consideration o the mutual benefits, terms, and conditions hereinafter specified. 1® PROJECT DESIGNATION, The Contractor is retained by the City to performminor construction services in connection with t PRE—QUALIFICATION CONTRACTORS FOR p MINORi r g „ -1 f . m SCOPE OF SERVICESIPROCESS: This Agreement appliesto the performanceof minor construction projects. which arethose d as under category five ( 7, costing lass then $300,000,00(three hundred thousand oll r ).These minor construction projects shall be initiated he City upon issuance of a solicitation, r task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require i , payment, or performance bondsunless specifically noticed in the solicitation, or task order. Projects ill commence rnly upon issuance of a valid ro se Order by the Finance Department and written Noticeto Proceed from the til` i s Department, Emergency work y be assigned t the City's discretion per# co and shall be basedupon the CONTRACTOR'S i r competitive r l submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no i If the ils to respond to morethen three )consecutive requests, the firm shall be removed from the ro a and all subsequent bidding opportunities un r this contract. The Documents hereinafter listed shall form the Contract and they r fully a part of the Contract as if attached hereto: 2.1 Invitation to Bid 2.2 Instructions to Bidders 2.3 BiForms (including the Bid, Bid Schedule(s), Information Required of Bidder. and all required ific t s, affidavits and other documentation. 2.4 Conr orBPerformance and Payment Bond 2.5 General iti for Construction 2.6 Special !Supplemental Conditions 2.7 Technical Specifications 2.8 City onstru i n Standards and Details (available online at: . o ntan: beach.orensw r-utilii s/new-construction) 2.9 Drawin s specific to each construction project Work erformed under this Contract shall be in accordance with this Boynton Beach Utilities Standard Contract and Construction Documents, __T: he City ill y the T forperformance of h work performed u r each solicitation, or task rder that is completed In ccor nce with thesolicitations, or task orders t the lump sum or unit prices presented the CONTRACTORnaccepted y the City. Boynton Beach utilities— re-qualified Contractors for Minor utility Construction Services Cl Revised 2121 Page 654 of 1023 R20-003 3.1 Contractor shall submit Applications for Payment in accordance with the General Conditions. City will process Applications for Payment as provided in the General Conditions and as follows: 3.2 Payment for the work provided by CONTRACTOR shall be made within thirty(30) calendar days on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification oft Agreement signed by the City Manager or designee. 3.3 The CONTRACTOR may submit invoices to the City once per month during the progress oft work for partial payment for project completed to date- Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. 3,4 CONTRACTOR may submit an Application for Payment or Progress Payments as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, int event there is no schedule of values, as provided in the General Requirements. 3.5 Prior to Substantial Completion, progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions, 3.6 Contractor shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of lions relative to the Work that Is the subject oft Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) calendar days after approval by the CITY of CONTRACTORS Application for Payment and submission of an acceptable updated progress schedule. 17 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by the CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached in accordance with Florida Statutes 25&078), 18 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 3.9 The it may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of, a. Defective Work not remedied, b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR, c. Failure of CONTRACTOR to make payments properly to Boynton Reach Utilities-Pre-qualified Contractors for Minor Utility Construction Services C-2 Revised 12/2019 Page 656 of 1023 R20-003 SUBCONTRACTORSor for material or labor. d. Damage to another CONTRACTOR not remedied e. Liquidated Damages and costs incurred by the City for extended construction administration. When the o roun s are removed or resolved or CONTRACTOR providesa surety bond or consent of surety, satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 3.10 Final Payment. Upon final completion and acceptance of the r in accordance with paragraph 14.10 of the General Conditions, City shall pay the remainder f the Contract Price as recommended the City and/or Consultant as provided in paragraph 14.10. CONTRACTOR4. U T : CONTRACTOR warrants ll work, materials is nd equipment shale be tree from damages or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the covered this Contract. The CONTRACTOR, fr of all costs to the CITY, shall replace anyrt of the equipment, materials, or work lncludec,in this Contract, which proves to be defectiveby reason of faulty materials, rn s, and/or workmanship within twelve (1 nth period. 5. `1° Work under this agreement shall commence upon written notice by the City to the CONTRACTORto proceed. CONTRACTORshall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. This Agreement shall commence upon Commission approval and shall be valid for n initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms andconditions for four( additional, one-year renewal t r s subject to vendor acceptance, satisfactory performance an determination th renewal will be in the best interest of the City, At the CKs reguest. the Flnrn shall continue serviclilis final exDiratlon datethe City Maalglr or ClCis t hall not exceed AlIx-ggionth B. OWNERSHIP Il documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this reement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible pies, of drawings and specifications for information, reference n use in connection with Firm's endeavors. COMPLIANCE9. IT CONTRACTOR shall, in performing the services contemplated by this Agreement, 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 agreement. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept mailable for inspection by representatives of the City and State for a period of three( )years after the termination of the Agreement. Copies shall be made mailable upon request. . INDEMNIFICATION: In consideration of Twenty-Five Dollars($25,00)in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance `t paragraph 6.17 of the General Conditions which is incorporated herein and Made a part hereof as if fully set forth herein It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent an Boynton Beach utilities®Pre-qualified Contractors for Minor Utility Construction Services -S Revised 121201.9 Page 658 of 1023 R20-003 agreement of said parties that all oft Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. 11.INSURANCE: The CONTRACTOR shall secure and maintain in for throughout the ration of this contract comprehensive general liability insurance with a minimum coverage of$1 000.000 per occurrence and$1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance Jn the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to II its; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an 'additional named insured' and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City, Certificates of coverage as required by this section shall be delivered to the City within fifteen (15)days of execution of this agreement. 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 then two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed tan percent (110%) 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'a 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 12. INDEPENDENL_C_ONTRACTOW, CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement.Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement, The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing totes industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 13. COVENANT AGAINST CONTINGENT FEES: The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely fort CONTRACTOR, to solicit orsecure this contrac, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, 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 ofthis warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. DISCRIMINATION PROHITEI The CONTRACTOR, with regard tote work performed 3y- it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical orsensory handicap in the selection and retention of employees or procurement of materials or supplies. Boynton Beach Utilities—Pre-qualified Contractors for Minor utility Construction Services CA Revised 1212019 Page 660 of 1023 R20-003 16. ASSIGNMENT:The CONTRACTOR shall not sublet or assign any of the services covered ;y this Agreement without the express written consent of the City . NON-WAIVER.- aiver by the City of any provision of this Agreement or any time Iirnit tion provided for in this Agreement shall not constitute a waiver of any other provision. f . TERMINATION, a The City reserves the right to terminate l i r n t any time ivin ten (1 0) days written notice to the CONTRACTOR. . In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory rsonnel assigned tote project the surviving e of the CONTRACTOR i agree to complete the work under the terms of this Agreement, if requested to do so byte City. This ion shall not be a bar to renegotiations this Agreement between surviving e rs of the CONTRACTOR and the City. ff the Citychooses ® 1 disputes that arise between the partieswith respect to the performance of this r e nt, which cannot be resolved through i se shall be submittedto a court of competent jurisdiction in Palm BeachCounty, Florida. This Agreement shall be construed under Florida Law. ® TINotices tote City of Boynton Beach shall be sent to the following address: Leri LaVerriere, City Manager City of BoyntonBeach P.O. Box 310 Boynton crie FL 33425-0310 Notices to CONTRACTOR shah be sent to the fol n Attention, §3,,xxt J.Johnson, w, �� ;��,rIso Davis, Inc, .. _�—--- Lantana, 4962 ..... wp... _...,........ �... ......... ,.. A 561-588-11'10 M-n-.... _....._., Emait .INTEGRATED AGREEMENT: This agreement, together with attachments or addenda, represents the entire and integrated agreement between the Cityand the CONTRACTOR and supersedes all prior negotiations, r present tions, or agreements written or oral. This agreement may be amended only by written instrument signed by bothCity and CONTRACTOR, 21. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (3 ) days after the opening of the Bid unless the City announces intent to award sooner, In accordance with Florida Statutes 119. 7. The City is a 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 perforin the service; B. Upon request from the ITY's custodian of public records, provide the CITY with Boynton Beach Utilities®Pre-qualified Contractors for Minor Utility Construction ervices -5., Revised 12/2014 Page 662 of 1023 R20- co 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 orthat are confidenfial and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract to and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession one 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: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSON9JftBBFL.US 22. SCRUTINIZED COMPANIES 287.136 and 216.473.- By submission of this Bid, Proposer ert c ffles oser is not'-1FWP ppaif' in 1 --. oycoIsrael. Proposer further certifies a btt of that Proposer is not on the Scrutinized Companies that Boycott Israel fist, not on the Scrutinized Companies with Activities in Sudan List, and not an 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 low, the City will not contract fort provision of goods orservices 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 from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shah have ninety (90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certffication 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach UtHifles,-Pre-qualified Contracters forMinor UfiHty ConstrucVon Services C-6 Revised 1212019 Page 664 of 1023 R20-003 "This Agreement will take effect once signed by both parties, This Agreement may be signed by the Parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESSWHEREOF, the parties have hereunto set their hands and seals on the ay and year set forth below their respective si natur s. IN WITNESS , the parties hereto o executed this Contract in multiple copies, each of which shall be considered an original on the following dates-. DATED this 20 day of °„ .m.m.._ P 2g CITY YT BEACH Contractor t. ri aerrlre, amity tanagr Attest/Authenticated: Title P (Corporate Seal) t tr l ibson, City Clerk Approved s t p „u ttestf r�tt ei icatedl da es . cher Ditty ttey 3 cre'tary Boynton Bach' Utilities—Pre- calif ed Contractors for Mirror Utility Construction Services n7 Revised 12/201 Page 66 0 23 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200876 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/21/20 VENDOR 10347 HIP TO. TO. CINTAS CORPORATION #283 City of Boynton Beach 2401 VISTA PARKWAY PUBLIC WORKS DEPARTMENT ST PALM BEACH, FL 33411 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 75632 ORDERING DEPARTMENT: FACILITIES/GM/JJ DATE NEEDED. CONTRACT NO. t MISSION APPROVED: ¢ EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2276. 91 DL FIRE OU #2 TILE AND CARPET 1. 0000 2276. 91 CLEANING 2 6673 . 86 DL FIRE HOUSE#3 CL AXI90 CARPET AND 1. 0000 6673 . 86 TILE/ GROUT 3 2542 . 61 DL FIRE :.HO'CTSE#4 CLEANING AND TILE 1. 0000 2542 . 61 AND RUBBEPC : FLOOR sm 4 10591. 71 DL FIRE HOtJS`E#5 TILE AND CARPET 1 . 000o 10591. 71 CLEANING' 91MARkS TILE PES' CLEANING FS #'S 2,3,4�5. PIGGY . CIC :CONTRACT:::#R-BB-19002 F1:2 HOUSE 2 CARPET AREA SQ FT {700) RATE FOR AREA '. 14 CHARGE PER VISIT DISCO.. . { . 008). = $5.. 60 TZLE &:GROUT AREA. SQ FT .(2120) RATE FOR AREA $1. 10 CHARGE PER VISIT ,$21332 .00 )ISCO ($ .45) . RUBBER- FLOOR GYM AREA SQ FT 370 RATE FOR :AREA .$.4:1;' CH2z.JZIJE PER VISIT $173 .90 . .RESTR '' :-:CLEANING SANIS ULTRA CLEAN AREA.,SQ FT 3;`000 TE FOR AREA $ 2O :C GE PER VIS'I'T' $600. 00 TIAL:: 2 x 6. 91 FI;RE. HOUSE, 3 sQ :T xros F x. 14 C G .P VISIT $1.5'.7 9011.; DISCO Mm SQ FT) :$:: 00'S TILE & G[3OC SQ `P'T AREA 2 8 420 TE FOR AREA $1. 10 CHARGE PER- VISIT $2, 662 A..0 DISCOUNT SQ FT AREA 2, 120 RATE FOR AREA $ .45 CHARGE PER VISIT $954 . 00 VCT STRIP & WAX (4 COATS) SQ FT AREA 4, 782 RATE FOR AREA $ . 09 CHARGE PER VISIT $4,302 . 00 DISCOUNT- ($. 09) ($430.20) PROCUREMENT SERVIGM P.O. TOTAL,. 22085 . 0.9 .. ACCOUNT NO. PROJECT 001-2511-519.49-17 PURCHASING Page 668 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200876 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/21/20 VENDOR 10347 SHIP TO: TO: CIS CORPORATION #283 City of Boynton Beach 2401 VISTA PARKWAY PUBLIC WORKS DEPARTMENT WEST PALM BEACH, FL 33411 222 N.E. 9TH AVEYUE BOYNTON BEACH, FL 33435 REQUISIUON NO. 75632 ORDERING DEPARTMENT: FACILITIES/GM/JJ DATE NEEDED: - o CONTRACT NO. :1 HCUMM:IS:S:10�N:APPROVED � I imi EXTENDED LINE# QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST RUBBER FLOOR- STORAGE AREA SQ FT 245 RATE FOR AREA $.47 CHARGE PER. VISIT $115.15 RESTROOM ULTRA CLEAN AREA SQ FT 4, 000 RATE-...VOR: TOTAL .$6,676.8:6 FIRE HOUSE 4: CARPET ARP-A:.SQ: FT .695 : (:$ .:0473 CH RGE PER VISIT $97.31? .... .. DISCOtWT. AREA 5:t FT 700j 008) CHARGE PER VISIT -5 ......... OTAL.�:92. 42 .61 F.M.MOUSE 5 CARPET-. SQ FT AREA 12, 00.0:A2EA CHARGE .PZR VISIT TOTAL �10 591. 71 0 2:61;853 4.5'. DT$COUNT- 76:8 .36 10TA-L $22';::085 - 09 . . . . . . . . . .. . . . . . . ... . . . . .. . . . . . . . . . 7- PROCUREMENT SERWCES: P.O. TOTAL: ACCOUNT O. PROJECT 001-2511-519.49-17 PURCHASING Page 670 of 1023 C14 C14 /0 Ow m N -I w co C9 cx QE-1 : I-q w 14 H 03 I 0 0 0 0 00 �l M O)p 9 Q �E N WO O� C! 0 0 CD to It P L) I LO en CN rq LO 1 p 0 (D 0 ®I r-! 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MOD - P 0 H :4 0o zoo I U-1 -1 H H 0 -u cn C) IU UO a a 0 u cd 4rnfl� m � ml U C11 H'ASM F0 41 2M H. 04 �14 D4 94 1 H (a CN V (1)tn t) HR H M �4 D�4 m -H rl fd W-- Page 672 of 1023 C3 C) Ch 0 QW t1 I E-4 EA Ln rxf 0 Ln r, 0 0 Fl C) 0 >Fa 1 OU rl- P4 M C) 0 08 H z 0 FHi 00 M o P4 mm m 43 C; rd 51 04 is Id N W a) In C9 Cd O �4 CDFa (1) t3l (d �4 M 0 eat 4J 44 S4 (d 'i (d a) 0 M 0 $4 0 W 0 1:4 0 0�j 3 H V)- 44 cd V p 1 44 � (1) (do go 14 (D P-3 41 rd a a) $4 cd rd 41 (d P4 $4 14 WO 90 d) 0 - D4 —i a) k 4-4 N V Ln U ()M 0 .,1 V H co 0, '.39 0 k 44 N 0 wm ri rd 0 rA 0 C4 N r-0 (d 46 v 4J M-H H 14 m co Ch fd > E-4 LN(q C3 tr 4J Vl- 0 U��4 4J 4-J co C'4 0 C4 a]V rl M vi H °--Nmr- �DO C� W C) Aj cd m r, H 14 1 fit} r4 0 C) . cd N C)0 Ed 04 00-1 M� In 0 0%0 C4 0 4J 41 M � err w H u 0 04 —1 , Ln t3l tree . v 4*0 0 d 0 Ln Pn > 0 jj -1 4J vlw %D Vlk LH 44 to4 41 P �4 U 4J ad td EF I 6�4 Ord R4 4J b' v0 fd 41 X 0 tM 014 44 �4 V Lfl W H �q CO 44 -A M 0 4.1 S4 -H 0 0 $4 1 94 (A N (n v ca (do C3 rn Id W tr H (a 0 m Ul,i CD 04-ri m m . 0 rd€j ca '4V M 41 00 ow 044 W #I-- ul :3 k— 0�4 -4 [,hi i 0$4 tv LBO vi-m �q" LD rd -1 Cd u a) C14 W k m W rl 4* —00 V ow 2,4 P4 01- �4 0EJ— 41�4 u 4104 "q Cd I-IV El V a 0 W 0(d W 0 m 04 1 In k8c) A WO a Q 41 k 93 0 0 N 41 LI- W M 0 0 0 tn rn as 8 MVk- � 1-1 00 U is 0 W 2,w u W rq U P 41 rd ji (a 0 pe� m M 0 4J p (a -M 1,� M Id P p UAW m Cc) 43 �4 -4 00 a) .11 Ed 'I -H Hrz 00 '1 v m 0)CD 0 -H W C-- r� 0 4 - N E�VKI p4trl- W4 E-i 04 u 0 Q E-R& Q 0 >44 nmw W�v WCJ G111 Page 674 of 1023 0 0 1 cq CV I -0 H I hl 1 E-4 m DD Cl Ln u 0 N CN M W 0 W U Ln 0 04 1 C) H E-i 1 0 > 0 u 104 W 0 �4 W S m M 4J 04 [n P4 rd coo rh 94 Mll H 1 CD C� r/I Ln to(n 41 44 Qj 'i L� V p 0 1Ln LD OD to to rd r' 009-0 0 rd 1� Ln Cn' H 44 Ln cq C4 w 1 ty, 1� H 0 cq w a) li I Eq 49 4J r"i Hft fd 4J E)(d M 43 CQ_M 4J - �E& 0 0 0 rl 0 0— E4 OQ4j Page 676 of 1023 CITY OF BOYNTON BEACH I � � r Date: REQUEST FOR PURCHASE OVER $109000 2/19/2020 Requesting Department. P.W/ FAC Contact Person- Gail Mootz cleanExplanation for Deep Purchase: a a a mded Vendor Cintas Amount of Purchase - E Source for Purchase (check and attach backup materials): Three ritt Quotations GSA State ntr ctPRIDE/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: 1-2511-51 9-49-17) i Approvals: fA, Department Headuo,s,xDate Purchasing Asst City Manager Date ManagerCity Date ,� Fonn Revised 02/01/02 Page 678 of 1023 REQUEST FOR OFFICE ASSISTANCE FROM: mm te: 117--7/7-4 PRIORITY I DATE NEEDED BY: OAS 27 n nu io 202 0 Request for 121/131rect Pay Req.for the attached -Vendor or Person to be reimbursed. Vendor: Account Number: Project No.: El Request for Requisition -Vendor. Account Number: 00/ Project No.: El Request for BLANKET-Vendor: Account Number: Project No.: List Items w/Quantitles& Unit Costs on the back of this request. El Single Quotes (Less than $2,000)-Attached. 13 Three Written Quotes($2,000 to$4,999.99)-Attached. El Three Written Quotes($5,000 to$34,999)w/Purchases over$10,000 Form-Attached. El Bid/City(Over$35,000): Bid #........... El it her Entity(Over$35,000): Bid#, Bid Eff. Dates, & Bid Quotes-Attached. El File As: El OTHER: Special Instructions, �7 "knl-iv 1ed Request completed ;by- Date complsteid.�. r Please sign and return this f6rm to the Office Staffs In oxo 'feel free to make any comments below. ____R"aa80 of 1023 4' clmAs Corporate Code 50717 Agreement No Customer No TILE AND CARPET CLEANING SERVICE AGREEMENT Date 1/24/2020 Customer—City of Boynton Beach Fire Houses—Phone: 561-742-6200 Add resk_222 NE 9th Ave. City: Boynton Beach to FL—Zip 33435 The customer,Its successors and assigns( Customer")orders from CINTAS CORPORATION or any of its subsidiaries,successors and assigns ("Company')all of the Customer's requirements for facility cleaning services during the term of this agreement,in accordance with all of the pricing,terms and conditions contained within this agreement,Our pricing is based on a billing cycle depending on the service frequencythat the Customer has agreed to below. Number of Cleanings;(Minimum 2 Visits) W 0 z 0 De rD 0 M scription of service Area Sq.ft. Rate for are, I I 5-ji Charge per Visit Fire House#2 Carpet 700 $0H4-0 98.00 92qi!? unt 700 (5-60) Tile&Grout 2120 $1.100 2,332.00 Tile&Grout Dlscount) 2120 _($0A50) (954.00� Rubber Floor-Gym 370 $0.470 173.90 Rubber Floor-Gym(Discount)any item not included on the price sheet shall be priced at 10%off national voluntary book pricing(or 10%off local book pricing where national book pricing is not amallablell. 370 ($0.047) (17.39) Restroom Cleaning-Sanis Ultra Clean 3,000 $0.200 600-00 Truck Setup 50.00 3 0 7 0 0 0 (10,047) 4+- 5U'UU —f—� 4n Contract Price 3,253.90 Discount Price (976-99) P--osal Price �[�2 6.91 ,27 Fire House 03 CaEpet 085 $0.140 251.90 '0.008) Ca!Eet(Discount) 700 d($0008) (5.60) Tile&Grout 2,420 $1100 2,66100 rile&Grout(Discount 2120 ($0A50)"-- (954.[90) VCT Strip&Wax(4 Coats) 4,780 s6-§-0-0E— 4,302.00 jVCT Strip&Wax(4 coats)(Discount) 4,780 ($0,090)1 _L430-20) Rubber Floor-Storage 245 $0.470 115.15 Rubber Floor-Storage(Discount)any item not Included on the price sheet shall be priced at 10%off national voluntary book pricing(or 10%off local book pricing where national book pricing Is not available), 3701 ($0.047) (17.39) Restroom CleanlULjan!!intra Clean 4,000 $0.200 800.00 Truck Setup 50,00 Co Price71 F T 1 8,081.05 E!Eount Price (1,407®19) Page 682 of 1023 Proposal Price6,67196 Fire House#4 r 695 $0.140 97,30 Camet 700 $0.005) (5.60 Tile&gout 2,375 $1.100 2,61154 Tile gout Cllscount) 2120 $0.450) (954.00) Rubber Floor-Gym 340 $0.470 159,30 Rubber Floor-Gym(Discount)any Item not included on the price sheet shall be priced at 1 off national voluntary book pricing(or 1 off local book pricing There national book pricing is not 370 ($0.047) (17.39) Restroorn Cleaning-Sanis Ultra Clean 3,000 $0100 600.00 Truck Setup 50.00 Contract Price 3,519.60 Discount Price (97 .9 ) Proposal Price 2542.61 Fire House g Carpet 12,000 $0.140 1,680.00 Carpet(Discount) 700 ($0.008) (5,620) Tile gout 4,220 $1.100 4, ,00 Tile Grout(Discount) 2120 ( 0.450) (954,00) VCT Strip&Wax 5,000 $0300 4,500.00 VCT Strip&Wax(4 coats)(Discount) 4,780 ($0.090) (43020) Rubber Floor-Gym 270 $0.470 126.90 Rubber Floor-Gym(Discount)any item not included on the price sheet shall b priced at 1 off'national voluntary book pricing(or 10%off local book pricing ere national book pricing is not 370 (50.047 17.39) Restroom eanin -Sanis Ultra Clean 5, $0100 1,000.00 Truck Setup 50.00 Contract Price 11,998.90 Discount Price - Proposal Price 10,591.71 Contract Price 26,85145 Discount Price K768.36) Grand Total Company agrees to extend the same terms,covenants agreed to under the Master Agreement with Lead Public Agency Harford County Public Schools to other government agencies("Participatlng PublicAgencies")that,in their discretion,desire to access the Master Agreement In accordance with all terms and conditions contained herein or attached hereto.Each participating Public Agency will be exclusively responsible and deal directly with Supplier on matters relating length of agreement,ordering,delivery,Inspection,acceptance,Invoicing,and payment for products and services in accordance with the terms and conditions of the Master Agreement.The length of this rental agreement will commence with the actual performance of service,not with the start date of the master agreement.Any disputes between a Participating Public Agency and Supplier will be resolved directly between them in accordance with and governed by the laws of the State in which the Participating Public Agency exists. Master Agreement available at_www.uscommunities.orA This agreement is effective as of the date of first cleaning for a term of 12 months.After the initial term of the agreement,the agreement will continue until the Customer notifies Company at least 90 days prior to their desire to discontinue the service by registered lever to the Company's General Manager.Customer is responsible for any unpaid charges prior to termination,up to and including the charges for servicing Customer on last cleaning.Company has the might to Increase prices.The Customer has the right to reject the price Increase.I Customer rejects the price increase,Company may terminate this agreement. Customer hereby agrees to defend,indemnify and hold harmless Company from any claims and damages arising out of or associated with this agreement,Including any claims arising from services or products rendered by the company. Page 684 of 1023 Company guarantees to provide high qua!' cleaning services at all times.Any complaints about the quality of the service which have not been resolved in the normal course of business must be sent by registered letter to Company's General Manager.If any then falls to resoI ve any material complaint in a reasonable period of time,Customer may tnarte this agreement. Additional services may be added to this agreement and shall automatically become a part of and subject to the terms hereof.Some hygiene and dust control services may require a separate agreement between Company and Customer. Customer certifies that Company Is In no way Infringing upon any existing contract between Customer and another service provider. CANCELLATION CHARGE 25%of invoice charge per occurrence when Customer does not give notice of cancellation within 24 hours of a scheduled cleaning appointment.Customer InWial...X TRUCK SETUP CHARGE$50.00 charge per invoice.This Setup Charge is used anytime it is determined that Cintas needs to use its proprietary truckmount system to clean your account.Customer Initial...X ADDITIONAL FLOOR OR TRUCK MOVEMENT CHARGE DURING SERVICE: 50.00 charge per occurrence. Customer InMal..Y Credit Terms—Charge Payments due 10 days after End of Month. CINTAS CUSTOMER Location, 283PI se SI n Narv:e: Signature: Mike Rosenberg Please Print Name, Title. D p Clean Specialist Please Print Name Page 686 of 1023 Josemond, Joe From: Javier,Andrea Sent Wednesday,J nua 29,2020 11:02 AM Josemond,J Miller, yl Subject: RE:Certificate o Liability Attachments: _C3 12 123 Good morning Joe, Yes,the attached is approved by Risk Management. Andrea Javier, !PMA-CP, MPA, CLRP Hurnan Resources Manager er Human Resources and Risk Management Mallin Address: P.O. Box 31.0 � Boynton IE each, IF lorlda 334,25 u Physicai Address.3301 Quantum Blvd., Suite .1.01. Boynton 'Reach, Florida 33426 t Q561-742-6044 laviierAbbfl.us I ,a.,cr, loynton-beach � N " ease be advised that Florida has a Inroad public records law arrd all correspondence to e via err�ail may be,subJect to disci osure. nyder Horlda records saw, ernail addresses are public r"ecordS',Therefore,your e- as communication arid your e-mail address mai be subject to public djscosure. From: n ,Joe Sent-Wednesday,January 29,2020 11: A :Certificate of Insurance cC I bl.us> Cc: Miller, Keyla < illerK l.us>;Javier,Andrea<Javier b l.us> Subject,Certificate of Liability Good morning Risk, Wanted to know can we still use this certificate? Thanks, : Page 688 of 1023 Joe Josernond Administrative Associate Public Works- Solid Waste ,t Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 11111 � Physical Address:222 i .E 9th Ave. i Boynton Beach, Florida 33435 r 561-742-6594 JosemondJ bbfLus 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 aro public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Bizhub<bib2bbfl. > Sent:Wednesday,January 29,202012:36 PM To:Josernond,Joe<JosernondJ bbfI.Ljs> Subject: Message from KM—C368 2 Page 689 of 1023 � nATE(mmmoNyyy) CERTIFICATE OF LIABILITY INSURANCE 9 THIS TI TE IS MUED AS A MATTER OF INFORMATION ONLY AND CONFIRM NO RIGHTSUPON THE CERTIFICATE HOLDER. THIS CERMWATE DOES NOT AFFIRMIATRIELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUC193 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSII ), AUTHORIZED REP BMTATM ON PRODUCER,AND L IMPOWDUCT. If the cordficste holder Is an ADOGIONAL INSURED, the 1 I L INSURED pravlalonsdo N SUORDM71ON IS WASIED, subject to the hipans and conditions of the Policy. codialln Redeem nver Pickensn endarservent. A sWbrmnt an this a@rUrkate Bass not confer rights to the cerdftate holder In ku of such en a. mamwa x Ann Risk services Northeast, Inc. c/o Ann client services 8= 0866) 283-7122 -Ia,l, (A0O) 363-0105 4 overlook Point Li noel nshi re TL 60069 USA 1 81 AFFORDING COVERAGE URIC 0 INSURED NS A: The Travelers indemnity On, of OT 25682 Cintas Corporation and its subsidiaries WARNER B-. Travelers Property Cas Cc o erica 25674 6 ci 7Ir7d C: Westchester Fire insurance company 10630 Po X 635737 Cincinnati OH 45262 USA e; LMMMOR L L- I INSURER,F: COVERAGES CERTIFICATE T I ION NUMBER: THIS 0 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED LOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED. NOTWTH DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO CFI THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOR D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONSAND,CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAJD CLAJMrx Limits shown am as requesked IWT E10F INSURANCE N INEVER A L 81L rIC T E ACHCE 52,000,000 c e % CUR e) 1,000, 0197bmar pemon) 5,00 INJURY $1,000,000 GENLAGGREGATEUNITAPPL SPEP: GENERALAGGRECAIT $2,000,000 i POLr YEl PRO- ACT El L PRODUCTS-COMPIOp $1,000,00 Ui IEIr; r A Auwmmm uAnurry r1O2E- P-472 651-T -1 07/01/20 Iii/01/ 020 COMBINEDSINGLE UNIT ADS {Ea acaldeno $5,000,000_ ANYAUTO BODILY INJURY(Pw pn) OWNED AUTOS SCHEDULED X ONLY AUTOS BODILY INt1 WdIfto {P,rEWEDAUTOG LPRGPERTYOA � Y AUTORONY (PerzoddenG X OCCUR 31H OCCURRENCE000 ` CLARA&MADE AGGRE TETE $5,000,000 DED I X IREMOON S16,070 eWMKMSnoNANDFIC23U 72m470619 07 01{2015 OT/01/2020 # MUTE WN MC-A05 e O ARE r WDERs TI�s N NIA HRJU 72M46 919 07/41/2019 07/01/2020 EL B OI�ENr ,OaQ,U00 Pboddwv IN of INC - VIA, W1 E1.CI EMPLOYEE $2,000,000 U RI u ERA'n be, E.L.DISEASE-POLICY LIMIT $2,000,000 IVENCLES DUCCRID90M, IRAN be aftehed irmore is The city of Boynton Reach is included as Additional insured on the General Liability Policy, but Only with respect to work performed under contract between the Certificate Holder and the insured. v-` CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF INE AFAINE DiaNDRAID DATE WMF,NCMCEWLLIEDMASM INACCORDANCE INUM THEFOUCYPRMKCNL The Cit o Boynton Beach A 100 E. nton Beach Blvd. RD Box 910 Boynton Beach FL 3425-0310 USA D CORPORATION.All lights reserved ACGRID 26 ] The ACEIRD name and logo are registered Page 690 of 1023 Prince Wifliam=Coun ProVidftA World-CIM CONTRACT NUMBER' R-BB-1 9002 This Contract entered if , is CorDoradon No. 2 (or anv of its Pdiades and aMlabW. 68M)Cintes Blvd.Mason OH 45040 hereinafter r to as the f sa . . Box 389 as A-1, Mammses hereinaffer rrrr "Purchasing or s MTNESSETH that the Contractor and PWCS, r i the tpromises agreementsand i contained, agree as IbIlows. Facilities1. SCOPE OF CONTRACT: Contractor shall provide Solutions for Prince WilliamSchools, Virginia on behalf of all states, local I districts, and higheri Institutions in the United otherAmerica, and governmental agencies and nonprofit organizations. 2. CONTRACT DOCUMENTS: The contract documents shall consistthe following: .t. This signied ; . . Memorandum of Negotiationsdated 3. CONTRACT TERM AND RENEWAL: initial term of thisr r 13. 2018 throuah Octotpr 31, 2023, with the optiont f additional two (2) year periods, I written consent of the partiesto the contracL prices I in firm for the initial . . . The products and servicesi this tr servicebe covered by a it the servicer maintenance agreement shall be governed by that document and may survive the woration of this Master . 4. CONTRACT ADMINISTRATOR: As the Contract l i trator, the 11ollowing individual, r his designee, shall serve as the interpreter of the conditionsI use II powers undert r its falthful performance. Brian r, 791-8736, 5. : In accordance withapplicable r , per attached Contractors r 25,2018 and negotiatedrnegotiated September ), 6. PAYMENT TERMS: 2% Discount 15, Standard terms are Not 30 days Page 692 of 1023 7. TERMINATION FOR CONVENIENCE: ® . If this agreement,is cancelled for convenience int first twelve months of the term, Customer shall pay as a termination fee Oual to 60 weeks of rental service, 7.2. If this agreement is cancelled for convenience In months thirteen (1 3) through eighteen (1 8) of the term, Customer shall pay as a termination fee equal to 36 weeks of rental serVics. 7.3. If this agreement is cancelled for convenience in months nineteen (ig) through twenty-four(24)of the term, Customer shall pay as a termination fee equal to 23 weeks of rental service. 7.4. If this agreement is cancelled for convenience after 24 months of service, Customer shall Oay as a term Intl on of of 10 weeks of rental service. 7.5. Customer shall also be responsible to retutn all of the Merchandise allocated to such Customer locations terminating this Agreement or pay for any damaged, lost or unreturned goods at the then current Lose/Damage ReplawMent Values and ibr any unpaid charges on Customer's account prior totermination. Prince William County does not discOminate against falth-based organizations in accordance with the Code of Virginia,§2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, nafiohal origin, age, disability, or any other •basia prohibited by state law reliating to discrimination in employment. This contract shall constitute the who/e agreaMent betwisen the parties. There are no promises,. fenns and conditions, or obfigaffons other than those contained herein, and this contract shall supersede aff previous communkations, representations, or agreements, wrNten or verbal, between the parties h 0'reto related to the provision of goods (InduWng -leases thersoo, services andlor Insurances described hereft. IN WITNESS THEREOF,.the parties have caused this Contract to be executed by the follo•wing duly authorized officlils: C Clintas Corporation No. 2 PURCHAS G AGENCY: RAC t crlizedASignature -Authorized nature Pr-% rl r-DD Antho s b rrJ a e Type Name Suoervlaor Of Pumhaslog- Title ate Page 694 of 102b Prince.Wiffiam.countv PrwUlngA World,4kagsdinadon NUIVIORANDUM OF NEG6nATIONS R-BB-1-0002 Dated, November 13, 20-18 Prince William County.Schoolt (herelhaftet calidd PV%ICS) and,Gintad Cotpordtibn Nm 2 (hereinafter called the Contractoij hereby @gree to the-ibilow.ing in the exec-don of- Contrget R-1313-10002 for Facilifte Managornent PrQducts and'$ojution%'The final Contrad:contaft the ibilowing docufnentM. a. PWCSs Request for Proposal, R-13134,9002., dated July 17, 2018 and Addiendurn #1 i dated August-8, 201. Contractor's,propmeil:dated August ta, 201.8; o. Gontractor's mspop.sesjo Ciprificotibn QLjostions, and Negotiotions doted. Seothenber 25, 201 Aq attachod; d. Contractor's'bastand Firial Offer, dated 6ctobdr 5,2018; -ePWCS Rif P R-rl POD2., Gaheral 1.T6e-ib.6 and GendMons, Parajraph 30, I ndemnification, is bareby madifi.ed.to inc;lt;de"to.the fullest extent permitted by applicable lavf. f. This Memorandurn of NeGotlaticifts; g. Any subsoquOnt-Modificailorib to ifie CorIVAOL h, For FRG gar.m- enk CUstomdr agrees-it bears We responsibility for selecfting thd- flame-resistant clothing.and fabrics ("FRCO) tinder this Agreetnerit det.ermin'I ng whether such it are appropriate fb-r use by ft§employees..and agp6ts in it applid pble.work envirqnmefif(S).rGUST COMPANY HAS MAUE NO-REPRESENTATiON, wARRANTY-" oR COVO-N 'N .A T WITH RE-8PECT TO T148-'FLAME-RESISTANT QUALITIES OR OTHER GtiARACTERIS'"GS OF THE FRC OR WITH RESPECT TO THEIR FITNESS QR SUITABILITY'FOR THIS OR ANY OTHER.PURPOSI�. COMPANY IVIAKFR�S NO REPRESENTATION WHETHER THE FRC WNSTITUTE$APPRO PRATE PER80NAL PROTECT" 8QUIPMEN't FOKTHE ENVIRONMENT(S).TO- WHICH WSTOIVIM'S EMPLOY.8ES oR Aesm-mAY 131� EXPOSED OR.AS TO THE FROSABILITY TO !:xROTECTUSERt PROM I'Nj.UkY OR DEATH, CtAatpm&r agrees tp-pofify all employeps' and other-ag6nts of Customer who in-ay wear or will be-wearing the FRG that it is-not Oesigned for substantial heat exposure or ibr use around open flames. Customer,ar*nowledges that bompliance:With any and"all MHA,or othor similar I° ti or requirements relatin o to p6tsonal protective equiptnent Is th&sole responsibility of-Customer. Further, Customer releases Cdmpany from Any and all II d' that results or may resuft from the use.of the garments, including but not limited .to any alleged .tl F f, Page 696 of 1023 E failure of the FRC to functionflame-resistant or provideiagainst fire and/orr r. , indemnify ; Companyf iarising i ' this Agreement r resulting from Customer'sor its 1 . I. For high visibility garments: Customer bears sole-responsibillty for: (0) determining the level �Aslbllity needed by weareret of the garmentsthoir specific workconditions : (b) Identifying and selectingwhich meet the required I visibilityfor .�' l.. conditions ( ) t r r i t require repair or replacement t the required level i l . If garment needs to be replaced outsidel weer tear,and the customer will be charged the then current replacement value. Customer acknowledges and understandsthat the garmentsl t ensure R visibility of.the wearer. Customer further acknowledges that Company is relying upon Cu'stomer t i it rreplacement t maintain t i .i visibility. Company repreeents only that the suppliedgarments lsfy certain ANSIIISEAthe acknowledgesgarments are so labeled. Customer t Company has made no other i , covenants or warrantiesr implied, related to the . G, ACCE PTLED B °` i 1 lit ctorAuthofted Signature Title rpt ste n r of Fu In 7 Page 698 of 102 AttachmontA How often do you upda%your Inventory?'Ate aline*deployments. .rand new w6rms or qre-tihay recycled from past.agen-cles? 'jl I jientnl aniforiny- hrough qu."a".11ty In.tpgrft.16-n WbOkly wh'On tuM ad In for IgUndry.If it 1s,,determiriedthat.a garment needs repl Ace4 aqq to ki pr .fir;, Al be upgraded.,-A"e'af Ormlaht 19 not a Uct E pr a s QA lsgrad'eduppric6ndItIoln. N.6Wwitarer� ca.uld,get new unifOrm if not afvaIla ble-ln the locaktockroom, However,if socia is- OVallable,u�dbrrns can be r-ec 'tied lf:they are" in.."lik-e-new'.graded tonition. Cus.tomer y can.reqyq.Vail new hires get new un lib rms,however the.lead urne.to.,[ristall Wo out be ext. rte 2. Are your vending.optibris available as,a part of this proposalfforscrubs or other unl ?if these are available,What Ist-he,cost? Y. s; Item Code Description UAt Pri rf-d-t-I _ er ier 910 hll 01spodi910-00 � iris DX6 Medium Ols er. 416.00 345.00. 020 La�ge DIspeqser 462;. R110 Impen Unit RX lWallMounte�j�tnit The use of keub is s€ units Is Increasing all over collegL--campus'and'other public entities., Cintas,will coutin4a to fccWS 1t:SiaJ0_sA9M In 03$1106216 a1SQ Include uffit.s that dise lher cidthing ItWs., you offer dIeeffl.c testing on your gloves? If-soj what would be the cost fort' sreeAce? 'Please se6 attached for both odd(fibnal Yes,thiels-is one oftftitaY newest afferiftV. Infoemation about the service.and theprichig available. 4. Do yog offer wet mats that would be appropriate for showers an.4 lockeir rooms? -bdr up d fln-wat Vreas., The ficin fdr this I ° Is Yes,we offer Drainage M *s Wh Ich can e 5, Do.you Oftr calibration on the chomical dilution.ciantprs ftpe of tharge?-Are these Installed free of charge? yee. Yes 6. Do.you work on j4alon fire suppression.systerns? YLS9, -clfltat provides this servi6eonly-ln ceitain markets; Betausq It Is 60a niltIOMMde sprAce,it is prfee_d:IOcMjV dlgcount per-the U$CbmMuniftfeg tontrad. 7., what is the price foe the trahAng Drograms-you offer? The pricing file fbrTralftIhgjspttac.fied. & What It the prit dnd ct pleanhig?How-do you mgat envimnmental regulklans W publlcagendi$(suih as M$4)f6rthose types df servires?'WhIch public agencies-have you provided these types-aftervIcods for In the.past? Page 700 of 1023 Attachment A. we b oo,att. eope 6f work far oll Cleariln g a nd ou r p rocdss for Tlle a nd carpet Cleanl0g, As the work of,Nith SLC Wees is proprietary,We woa)d' stat the a.ttec�.q:d-relative to those servJces.be re4acted. WhIle we do h'a'vq experkrit.e with re` alatio1vt like IAS4. We havealgo 2ttached:our protocol"fort he diso 4argsof. of I.LqWd,m4 wild vmstes Incurrect in the 066prrnrnob of ftse services, OntW'Deep Cle-an Technid'ah,UliracleM.5511,or.Coll Cleaning Te6hnit:ian must sigh t ocurn-eat statin g1ho't be/she mdIl adherenot only io local, ftate;and national r4gulations butalso the'proc gduresis et forth 4ry that docUment. AnV vloliftions of the tenets-set forth int at docOment'is ged.undsfor the dismissal eft e-employees -9. TWo ofyour refamhois WOO not willing to provide a.referenm,per it statute Is and the.otherthree-Were notre9p.onsive. Do you haveany dther relbrences who could provide feedback 6fi theIr'ekperlenco.? Bonnie Sleti,1nan Sr. Procurement 4gent MLan,At-ee Coubty GaVirnment, 8CC Procorement DI'vWon 11,12°-Mariked Avenue West,Sulte.801 'Bradenton,F _ T 941-74 T 941-749-304 'bonnte.slatmanle nMLanatee.ojg Matt Halm. O.eputy Dlfecto.r of PutcKAslnj 5 J City of S. Dlegp. Phone.619-2A6-6W rnehelmRsa nd lego.&OV Kevin Mitchell, NIBA. B4,ojot and Proct Direetor. Lackawanna County 200 A-dp ms-Ave, Sad apton, PA 18503 (P)-570.963-675-7 570-963-'6514. MItchelfMackawannacoun Ay�oAr Wwwjackawahn icouMLo Joseph fttter so n, M R&VC6 Department of-Purchnsing Cheiferl'161d CoUntV. Phone:804.717.63 07 -Pafters'6njdVehe9terfiel&ppv 'k Page 702 of 102� AttqchMeM A 10. How I ong has the TruCoUhtsyst6m been'lnplace7 If public agendles are hwftlssues- with t " it udiforms.behi#r6turned Ma time•ly fashliDn,whai steps can betaken to rhake sure this.doesnqt affect the agencys.abfiRrtlD work? Slntne 2016) Fullift• impleMent- 6d c' ss, I.sites-f6rabout a year. fit With uniffortas? 11,Whatis the leadtime fbr new employees to be Minn gwIthinowee-kofnotice, New'site.esfirn.at 6dat4w'e-e.�s. New-ern 01yee At exiWno site.is 2-4 We-eks frem. sixing. Can:be I week turn if Mz6s are in stock at 1drAI Lint s. 12.What Is the lead time fdrombrplOgry of-inqW uniforms? About2 weeks. St e .O.Aked gorm 'n ts purchasod direttly arp. l° ere' dAmand and gan bb'sh1pped iff about a Week.. 13. What-efforts canyou make to simplify the involding prio-pesg and make ft less hands- an? We-areInthe process.of scheduling-with the tion -5fthe. wW :my Ccrit 9s-eb!ilia g and se- ry.king platforM. R VI 1 : Is there a reason that yjDu do not offer volume discoonts or ecommerce rebate0- VolumL-.dItcounts.would generidly-be f6r directptirchave�only. Our localrieps have the! freedOm to p�lte lower then the ceiling:price of-the affeerhen.t so volume disicounts for 11 Do you vftr prompt payment discounts? Yes,we can offeir 1%Net 15 art.d Net 30 as stars tefr6s 16.Why does Call forrila have Offerentpilcing for fire 'and safbty? It cost more to''o bo.lness Ih .0 due to.regulato polides,1pbor l9w.s, etc. qa ry 17'. On page-142 yod rndtit16AtftiMIrnaI"charges for'liockers, rolling racks and soiled harripers, Can-thast) IxeProvidedatno charga?Cw. ki these be repol.red or replaced-as needed at no C*F? it s,these will he No Charge. 18. P1ea.seLexp1lain the addItIonal charges on page 31 forGarradfit Rentah MIMM- arh stop-chiarke:$35.00-this IS the Minirwa Ote_cafi av 'for Cintasto stop the truck, Aggocy ppys the d0re*e.tq.make4 °at least$35,00. Ex:Ar, weekly rental.14$3Q.Wfbr UnIfornis and mats. Ctfitom.er Is charg6d$5.00 as the"min stop,charge"oh too.of the$36.To reach a t` al cif$35. We normally suggest product additions to equal a min stop go the d4stornor is paying f6r peoducts/se rvices. Lqzkers: No dliarf ge PA@ke�-tjp Walvej aq initial instillation and-for.90-da"ofsetAilre! this IsAndostry standard charge to set up new uniform wearer after,Initial i0talj-. This.cov6rs thaoust Page 704 of 1023 Attachment A' qh.the phfif to order,OreP,sit up the syste M and seW lin the ID tap With the-employ6e Iftformation, One-time fee eraarment. Ceiling priced. Ernbleflved on In 'al IhStABUOH and for the first.30 days.of service, Local Cost (dopen .Iii g.on com pajjy-norne an d'type of"emblem-'.Cfroierr"ed)This.is the cost o thQ 7 actdal c6rhpariyerablem.that it applied when adhg hewehiployeo after the Initial Instal). Name-tag.-$1.M The cost to.set op a name:to rental un` -r or ally embrc.iWary. Cejllrrg.Price d. SIz&premiurb. r' t:$1.56this-Is th6 pribe for exterided-sizeg,-starting st 24and up,there I - `addition Marge per,garment. Ceiling priced. 19f..Mlhlmum Order size charges for Gaftent RehtAara ndt.-acreptWe. Is thisnegotlabI0 Mird"nnim-order charges are fUlly-deAcribed isA6' InMU urn akirnount ged tb the client for s.. ppIhS the Cietas vehicle an&deI1V&Ih'9 thia piroduct or service contra oythecRerpt. Vr thepr.ii;lng,file qred In our prqpqs.;aI,the Nf ta"urn.QMer chaige I5.,.PO, Cintas'Es'WIllhig to,Ontertalft changing the n6rntnclature on the contract for this charge to sornething-eIstat,would be-acceptabk to th.a EC If 20.What Is the cost.fbir talloring(ex.Sh0teining of pants)? 21. Do you offer-"tai i/Lone sizes? K Wedf)off0rtM.jjIo#l;Sizes, The chargo for shirts-In t1reiexte:ode d sizes are thd same as for size prernjtsrn�Malled tn4he Cint-ps proposgl. T- to art no adft[Ohal cNr-ggs fOt parnts for thlklzas, 21 Do you offer surnmer laterigs hips or studeftt grograrfis fbr callege st.udentO CintM muld be interested in cresti ngWIt.h USC Merabies oplaortanities;f6r Internships- that coincide with our normW hIrIng practices far thage pagitlans; 23. In Tab-7, Exceptions,the fLee for termination for conire nterice®is it acceptable to lubstitute"term ln;kil'o n f6s'for"Hquidaied dame s"? Yes,this is negotiable With thbe cOntratt. 24. Fire Proteettort$ales feam: 6 of the states her you have no represdrfttlori are in U.�.CoMmurs itleis'top Z.states(A1A, MN,NC,OR,TN)-are there plans to expand Into te states? Yies,dintas Is.s.01ving to grow the division to:$ibillion In 10 years. Page 706 of 1023! R AttachiMpt A 5 25,Should Brent Schafer be listed as'the EXecutlyd Yo We 26.,What.IsA6 Lost Replaceuignt char fat Items riot listed rn-the market ba$ket? The,L-/�chairge Wili'also be reduced by ifta. See Llfik"MbW to ClAtasfull tatal'Q'M www.shoocIfljM&M 27.Page 85,.#.7- :. taphappens'lf a public agency Is not We to accommodate net 3-5 or net �O payment terms?Is It-possible to 'make the standard payment t6ems-f6e all product Iles ? Yes; Net'31)is' " " h term.. X& Ftqbber.r;ibveAddenduw; 0. What any wfil.be required to-purchase ftoffi? RelatIve to thea ' en ,-the lot s.Head/Hand Olettfta)ft program is coif sidefed a lease 001Y.6ptloh, '.fills pry gra(p is b4sad ort Clintas uM nj-National Safeity:Aop wel for 4PP E Iter z-11sted as:m-ell. 9 b. No[nfbrmatlw listed,In-I.Schadule A. No prlcln&ete. See-attached excel d%ument with.pricing-i The addeMum was a,blank tornplote, c= Will they-test glovas already ir!do we have to purchase the g[OVOSr new ibrM them to gatthe testing cofiT pleted.1" N16,this pfogrdm Is based on Chitas setting up a new rentalsolutloiT for Head Hand PIKE. 29, Classroom Safe yTritifilng Cost Ofeakdown. d. l,llie 65906--.I 1D pie 9.minimum or mWMum.pqr class?if multiple classes.are nee-dad is the chop of the instructor per dkss 6r bne drAd ch'ar ge for multiple dames? The claig.Mze listed-,Qn.tbe-pride Me Is the.WK s1lze per c.[ikss. Thl$varies pert ype-of lass,froM M-25. The-charg.e-fo -for the Ifistructor Is per clits. e. Line 65908–What ird h ho'urt-and excess Mum? Mandaffriday fth-5!00�rn Reftrencing Untas'response to the Initial MqUestionb/clArIflodons; 30. .jtqM IS.–M you offerprom t paymeni-dIscountis?ThlFwas dkcussed an the telec6tiferente P on-September M We dioWned*2%-NeCILS and Net 30 as the standard pa9moft Thig.m6tis' to be blefifted that thWli ywr un0jerstanding as well. Ves,X Net.1�and;kr stanjard 16cal payment Up.clytecidbcumBrit. 31, It 17–On page M-you mention"MIMI MOF bNarges for 1000%rolling tac-and sqlled hampers-,Can you pm.vrdo these alt nd charge?Can: ose: -rireat ropfaced.as Aeftod at no c6-wds-dlsc0ss#d on-thffleleconferoqce ap September 13.This was agreed-thot ftse wapid!beat no charle and not that1his would'be nego—fted.Pidavatlerify, Yes, No Char oe.for thessi-Itatns. Upd4tad d6cum0t. Page 708 of 1023 AttachMOint A 32. Item 18—Ple4se OXplalh additional charges on page 31 1br Garment Rental.This was dlscu"W on the teleconference on'September 13.See question 27,16W-chargo should be remoVed. Yos,No Charge, Updated document. 3.3.°Item 19—Stop chaWs fb('6armern en i' hoot ga*p*Ota.isthis nogatiable?This should be called minimum order size,not mInImurn stop charp. Chbnged language to Minimum Order Size and updated d6cUrnent, q 34. Item 2-6�W.hat Is the lost Replace mehtthargL4''for ItOng hded Trot IlIn the market basket? Please.prov][de us wtth a fuu catalog that the.,discount bj caftgory vAll be taken from, F. Catqlog is prillheand can be accesses vAth link-, www.sbopdatas.com Updated document 35. It 27—Page 85,#7:What Mpperis ff a public ogeilty.1s not able to;cqqmrrkPdata`,Net 15-or Not 30.pqVrhekiii:tatitis?W It.postible to make the standard payment,tering W-0 OfOdUdt lines to be eta ?This was d1scu=ed on the ftleconference an Safftinber 19.We 4greed qrj Nqt 90 as standard terrim This-needs to bo.clarified thqtthts h;your undetstandifig as well. Yes Net ap Is sfdhdard left. Updated docurnent. aw vi Page 710 of 1073 69 EE r z v 1 1 t! 4L 0 LU ' Z 0 Z. 'd Z, 0 z 0 x 0130 L U. 00 O� LU Z d CL b a IL c Z cv, PL P, SIU 1:9 A Page 712 of 102,3 I�p u B I �. s _ •. µ 5 VAO PAPA .,Kom(pl WL Ps WAR OftIbm 0 4 cdarl r� %W lin ' 8 A .,,...._._ ..�W.wv ..._...._...._...._. _ ,�. - � --------------- _„ _'. .m... -..._...._...._...._...._...._...._. __________ re �Jwuptbvp awe P " .._..._..._..._. - m--.._..._..._..._. IL _ i W*ftmaomw To" P*'MM NOT "�r6 �s &' Rs arae IN;Lubw OR TM P 1 T Ia V N 'I V �¢MTARY-, ( l, ft GFS ` ON MNG Page 716 of 1023 c lei F 1 711 111 liiiiiiiiiiiiiiiiiiiiiiiiiii IRIM I I Ou coo HIMy 0SOON:97 D i i � m $' a. If gig a 11 All I I jo _® 11111 fill .11111 MIN s g; Page 720 of 1023 Rb__mLkHWad tctfu Proe o —n Program-0-12—trans dintas item 'ntas't NuMber Haind Peotoction.Program Lease/Wiask LR Ratm *;M C less-00 Rubber Ilatin g Gloyes A.-Yelfa 932,03w 969320700 nsu 8 32 a 650 11"C(qss 00 Rubber Insulating-Obves-Black 55.25 75491030,0 ARC Guard FR KGlove 21-79 869380000 r Protectors 21.10- 601960600 Canvas Glove Bag 23-00 'Hand Protection st &07 Head Protection Progrom 6M940000 Qw.safiffty Glass $ L745030300_1 12cal PureView-FaceshBled $ msowlobc mwglottw-Hard Hat-Whi te $ Z1.QD a 0. -82337020,0 12cal Bftleclaw-NAVY 1,ZW $ 80. 744370260 -FJecWc Gew Bag Head-Protection eek 'cost 3693 Taal Propm kly-Cast 12'.00 is A w 1_�W6 �kft E to ANV. ITEM NOT INCLUDE6 ON THE PRICE 'SHEET SH&LL BE PIRWEI)AT 100% OFF NKnONAL VOLUNTARY BOOK PkICING' (0 R_ 10%' 0 OF LOCAL bdOKPRICRV)WIAERE.NATiONA-L BOOK PRICING 18,NOT AVAILABLE). ALL ORICES UST15D Aftt NOT-TO-EXCEEDRATES. fi Fs Page 722 of 10413 oe e . . ;Y zi c. to 41 Ln M N rs ry c1 i3 N VF lu lu ci A- ' D ul LL ® iq a LL Lu ' v M ?� O U CLLL 9 00 wo '1 10 0 w C F- CL a 0 9 mrVA kl;� A A Page 724 of 102 t _e w • ,- .. . . r w ti„ C M1111MUM Ord Iw lbar,%fa _P MOOe00 Po_rtabre ' i " 'i her wce InspecOon'Haled FortsWd'Storad Pranura 4nd F1ro Sx .i kers P up tq Perun' ii eM aw :.: . : [. r "OP010141 :. .5 Ear r u ` -six vii ststor4 ore wureYdifT `t:; _..':: .: ...,..- ..... . .,......, ..,.• .. _'Y" rin rni f..!.... naUi b S �Sq 5Cd >rll. y r'� 9t.:`• . ..•... .. _. n ' . ,. .. .: ,.: :.,..— ....:....:..:.: _.,..._ ,......, :rift il..o..; ..., ...:.:•: :. .I�. "" tri ,•, �,(i_ ..•,.• ,;.. ,�;:..-. :•:.�' ;..•;: C . i I:�. ear ::_:; ::a,•.•,;,,:.: :; ::`:=::a: ::v., a:::. n a .•::.° : , tv d tr ®.:t @`•e 1. ''" fit'.` p :.., : e � rw;`:; T' Iv ... °rW ,. i .•�. "` nit'.:.;;` :. ..,b. . Hvdr . : r :tr tf : '`'>.:'•: ` ,n.. it r.,:. MA:•tssUi .. . .!' ..®. r tET ;�.,_::�. . ._m:a. . °� -- "_ _ -.::=:: - °'.�.•7pr1t� "" ;��-:;:�. �,� tr" " �' � . �:,�:..� ..P' �_:::,-..a:.w.:"'::::°•.in�i� ." . d" " �a'� td..t: �.� � :..'.! ,.. . •' ,qi� x 3,00 EAPJN a:.:',`e.... .Pdir•pin". ::."a.. ,® :=:`;:;':Y:;:.;.`;":°.<., per&fit:.=:'„-:” �'. °: ''0-451 q tbt, eq 1, Wlm ' ' °ext. .1 C d 6 y C IiiC. 0OD ABC :ABC ': ii rtt f 18�� R Nd $195, 5000 t Peftand.1 APTT gLLkht Ph:Tast BMA' S t UA lb4 $435 !NIL Ergencvftt Light Ms on Mad InLtL Peru x.00 , ntattft6V, r unit® . M.M57 P- ht SIS ,6v,1A 07. � 07M 610 -U ht Sotto .,,IDA POrpnit a -saw $ • 0 x t u , .� _ P.�r unite � $,. i3. 0 %ftWWrAKlY BOOK P i 1 . 10 ING wkiuOe. I K POMkO 1 L ,ALL-PRIM6 LISTED T e F i 'n�2 03 dam. A A n Y gig r 80 PO z IRS, a� X m a s �. mow .. mew Elmo u Page 728 A 1043 ori ui �� •r—r 0,. a t' LU 0 13 CL 0 Sl M5 L6 j LL kf sh a= w 'r a .. :y 7 _ "E ®,, LU IX 0. u 0 LU w7_ .Q i— lu 0 (211 CL CL 9 UJ i+ U r Ln YQ lq C ' c' 01 V1 � �gg J. uj 0 l In Ln 4 f n x Page 730 of 103 iry N r• >s L e K Ln Lei ca V ui tY! Ow LLI 3 ,i �4 Y 06 A. Lu Z2 . Clu 4` lC ar IL Lu Y n CL. M IL IRL D �8 �. Page 732 of 10 .3 \ § ) / ! ( ( ( ; ( � { { � : • 6 E ( Q k ( _ \ \/ � \ \ �(� LL [ : ■ c t - \ \ � e C \ § - � y t : Page 734 0 103 ) — Was L&st : —. —, -`--nities_ LIS Ton 91 CPR AID 2 AHA 9 M.42 AHA pdrcbn I yam ARA RMS 2 I AM rx EM01 MIC 5EP 'SEE 2. pmrs loom 46 Ar paiwA MAS 4177 27 46 1540 HEANNAVEK F1 0M opup 70,% AIRM I IP (IMS Yew am S0, 14001=1 Fmckw, M Vim CLMI .10 4%, 74 401.72 parldallf vdM Pvt. on ON CUM 1 am 'is 4002 Pw ON AMM CLASS 4OL72 F* 2 WR AM E2 3 OSHA or, Fw . d #Mug* WHA U. 71LAO mmu Page 736 of 102� rS&GO pwpwmh Was WTM T'l HoumaIMMYS 12 r 0 4DL72' . a ra a Om ftr YMOV LAMOR F D .m T FM ._ WOO iNN" Mug VAN OU Ffz- a TE 202 P, Page 738 of 1023 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 107P. P.O. #• 200877 BOYNTON BEACH, ®ORIDA 33425-0310 DATE: 02/21/20 VENDOR 16960 SHIP TO: O: R SOLUTIONS, C City of Boynton Beach 49 SW 20TH AVENUELIC WORKS DEPARTMENT OKEECHOBEE, FL 34974 222I.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION fY9•p, 75575 ORDERING DEPARTMENTFP1C 1.,LI TIE 7 f /Gl'!. ®�v DATENEEDED: - CONTRACT NO, COfs�h�:llS:-S-10N PPR0VED: t LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED 1 24895 . 00 DL INTRACOASTAL CONDENSER UNITS 1 . 0000 24895. 00 REPLACEMENT OF ONE 15 TON CONDENSER AND TWO 10 TON CONDENSERS GR.ILLEV.. YFF; FACE. NEW FILTER DRIERS. SYSTEMS WILL SECURED: TO EXIS'T'ING CONCRETE. ;WE. WILL BE R PQN.91 E FOR DISPOSAL OF .OLD . SYSTEMS.� COILS WILL.;BE. COATED::FOP, BE`T'TER PROTECT ION:. REWKS, RIP C 'kkISTIVIS CONDENSER- UNIT @ ICP =JM%OUSE : .'R)9.p1.LACEMH!n OF. ONE 15 TON CONDENSER AND: TWO'::.10 TON CNDE9SE S. GRILLET7' TYPE FACE. NEW F1LT1F AR ERS. 8Y8TEMS: WILL 139 SECURED TO EXISTING CONCRETE. WE WILL :BE RESPONSIVE FOR. DISPOSAL OF OLD::SY,STEMSF COILS WILL BE< COA`xED FOR .BETTER PROTECTION. COMMODITY: :AIR`:CONDITIONING & HEATING SUCO ODITY: CONDENSING UNITS ESTIMATE ##EST0118 t PROC tRE EPUT BEF ICE' : m � P.O. TOTAL: 24895 . 00 ACCOUNT NO. PROJECT 303-4101-580.64-18 GG1004 PURCHASING Page 740 of 1023 C3 I 1 H 1 CN N I cq H I I Ei E) I I aH I E-4 �+ i , Cilal 4 I8 I 1 "S Ea 1co OD w MEGcq C14 I 1 H H1 r Ir I ht r , I I I I O a I �arcW Y-, IMCI M I , PdO H r � r I F��y+I CY3 I �•� I 1 04 H w,.) f7W i I I zPd 1 •• I Iwcn-coI .1 I I owcom I O I 1 M C" O i cs o ! i CDM u eno I ca m I 1 cq N E-r tt r I ti z H i 0 o-7 0a i u 189 Ix �b 1 0 E�i0 0 C3 C3 187 M m C• w Fi r C) z 94 H G80 t+t f60 I H J-) o C*7 4 e-� , m I 5 C) c°7 H I m P4I r-I W a a . o U.*� z c4 H cp I Q C Q I w oa) W z w t-300 w OH H x H r Ist ' i H H u I I u r 09 cm a w 1 I z zg z a ' H W Cit r O a e UI c � �' H 1 o w O w I CD,w O IV z onu � u o CI, rr, zsa I . IFC w H ril QP W EA i H � z M mix a i zocoo FA 1 I CFI ]E-0 S4 w H Nr. c� I SOG�7CJ] �7 iON M R HH i O PHOu P4 H I E+pa Ei E+C7 1 FC H u r Cwt] QHR7QHz H aI G] Q Oz I r a OU D4 z NP4 0 H � H I I O Wgu I o ca z I E-10� Ln H FIH E-+ iwO�iO as r OUI[�mpMhQ O pH i UuHmmoo um �! r 91 p rpA M F44 0 C� W l HHVI ' W 1 1 Page 742 of 1023 "Z" CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1%000 _ _ Y Requesting Department: --(-EA-r— Contact Person: 6,4 4 00T-2- Explanation Vendornded 160 �f r Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE RESPECTSNAPS Piggy-Back Sole Source Emergency Purchase Other Contract a r: NOTE: Pricing proposail for purchase must be presented in the same detail contained within the contract. Fund Source r Department Head Date 7 - Purchasing Agent Date ,. Asst City Manager t City Manager Datej�Z:V s o21Fon f2 Page 744 of 1023 REQUEST FOR OFFICE ASSISTANCE FROM: Date: PRIORITY/DATE NEEDED BY: E] Request for 1121/131rect Pay Req.for the attached-Vendor or Person to be reimbursed: Account Number: Project No.: UAIEsquest for Requisition - en or: L so AtAd lu Account Number: Project No.: List Items w/Quantities & Unit Costs on the back of this request. El Verbal Quotes($500 to $1,999): Vendor: Cost: Date: Person Spoke With: Phone Number: Vendor: Cost: Date, Person Spoke With: —Phone Number: Vendor Cost: Date: Person Spoke With: Phone Number: El Written Quotes ($2,000 to $9,999.99)–Attached. EJ Wriften Quotes($10,000 to$24,999)w/Purchases over$10,000 Form–Attached. E3 Bid/Chy(Over$25,000): BkJ # 103 Bid/Other Entity(Over$25,000): Bid#, Bid Eff. Dates, & Bid Quotes–Attached. 101 File As: 0 OTHER- Special Instructions: 59 Request completed by: Date completed: Please sign and rot h orm to the ce Sttaffs Inbox; feel free to make any comments below. Page 746 of 1023 Javier,Andrea Sent Friday,July 26, 2019 2:17 PM To: Luma,Jonele Krasnoff, L Subject: RE.A-1it Solutions LLC City of Boynton Beache iic t 1 7 -1 3 The attached meets City requirements. Andrea Javier, IPMA-CP Beneflts Administrator Flur arr Resources and Risk l lana ernent Mailing Address: P.O. Box 81.0 � Boynton Beach, Florida 33 425 Physical Address:3801.Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 k -6044 4 J ` ierA bMus boynton-beach.org/ Z=, D 93 16D Please be advised that Florida has a broad public records law and all correspondence to me via ernail may be subject to dlsclosure.Un er Florida records law,email addresses are public records.Therefore,your e-mail cornrnunication and your e-rail address may be subject to public disclosure, ,Joel Sent:Friday,July 26, 2019 2:15 PM To:Javier,Andrea <JavierA@bbfl.us> Subject:FW:A-1 Air Solutions LLC City of Boynton Beach Certificate Does this e t city standards? Jonele Lurna Administrative Associate .w Public' orks, Fleet Mailing Address: P.O. Box 31.0 1 Boynton Peach, Florida 33425 Physical Address:222 N.E. 9th Ave. Boynton Beach, Florida 33435 562-742-6594 Lur al bbfl.0 a, J boynton-beach.o . o . All- � i Page 748 of 1023 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: Mary Burris Lql i#L ,,tn w al : a rite Sent: Friday,July.25,20191:40 PM To: Luma,Jonele Cc: idttlrlttf lillnn. i . 'Osiris Mendez'< a t �111 ofxz 11. orr > Subject:A-1 Air Solutions LLC City of Boynton Beach Certificate Thank you, Commercial Account Specialist-Agent mary@mMoncerpentedmcom Carpenter Insurance 3960 SE 18th Terrace L 34974 office. Please remember coverage cannot be bound,amended or cancelled aria email.You cannot bind,alter or cance9 coverage without speaking to an authorized representative of Milton carpenter Insurance Inc.Coverage cannot be assumed to be bound without confirmation from an authorized representative of Milton Carpenter Insuranco Inc. CONFIDENTIALITY NOTICE.The Information contained in this communication,including attachments is privileged and confidential.It is Intended only for the exclusive use of the addressee.If the reader is not the intended recipient,or the employee,or the agent responsible for delivering it to the Intended recip@en!,you are hereby notified that any dissemination,distribution or copying of this commurication is strictiy prohibited.If you have received this communication in error please€otify us by return small or telephone Immediately.Thank you. 2 Page 749 of 1023 AkiC"REP CERTIFICATE OF LIABILITY INSURANCE TE SAMIDOMYM 07126=19 THIS CERTIFICATEIS ISSUED ASA INFORMATION ONLY AND CONFERS IG UPONE CERTIFICATEHOLDER.THIS CERTIFi DOES NOTAF IR ATIV LY NEGATIVELYAMEND, END OR ALTER COVERAGE AFFORDED BY E P CIE BEL IS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE (S),AUTHORIZED REPRESENTATIVE O PRODUCER,AND THE CER71FICATE HOLDER. IMPORTANT N the cortificaft holder Is ars ADD17IONAL INSURED, a poll lea)must have DI°IIONAL INSURED provisions d. If Ti N IS WANED,subject to the temne and conditions at the policy,certain policies may require an endorsement. A stateenent an this cwtftate done not confer rights to the cerdrcab holder In lieu of such n rn a). PRODUCER E: ry Burns Milton CarpenterInsurance,Inc. 2m (501) 7211 (561)996-2601 135 S.E Avenue C [-,MAIL_ADc SS- 'ary@miitoncarpenterins.com P.O.Box 1270 INSURER$AFFORDING COVERAGE RAIC Belle Glade FL 33430 INSURER A: Crura A Forester 44520 INSURED INSu R a: AMD-Owners Insurance Co 16908 A-1 Air Solutions LLC INSU R c aMairkel Insurance 30970 1349 SIN 20th Ave INSURER o: NsutKs I irance Company 17370 INSURER E: Okeechobee FL 34974 INSURER F: COVERAGES CERTIFICATE R: CLI 72201472 REVISION NU THIS ISTO CERTIFYTHATTHE POLICIES OF INSURANCE USTEDSELOW HAVE BEEN ISSUED TOTHE INSURED DIED ABOVE FOR THE POLICYPERIOD 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 B'Y'THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IL R TYPE OF INSURANCE FOL6CY NUMBER NI LJWM COMMERCLAL GENERAL LLARILIEACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 19 COGUI21 PREMISE' Era occurrence m 0 rviED FXP(Any one peM2 , A Y 43142-2 07 019 07!2012020 PE ADV INJURY 1,000,000 REST.AGGREGATE LINTIES PER: GENERAL AGGREGATE 2,000,000 POLICY[:1 JEL PRODUCTS-COMPIOPAGG S 2,000,000 OTHER. a MYTONOINLE LIABILITY O(EA PNED SINGLE LIMIT 1, 0 dde R_ ANYAUTO BODILY INJU (Perp ) B A ONLYOWNED SCHE ULED BIM974900 07 010 0772012020 DILYINJURY(Per I o S HI NON-OWNED GE � AUTOS1 Y ACJ ONLY ddt�rrd 10 Bp UMBRELLA La OCCUR EACH OCCURRENCE 1,00%orn I] C CLAIMS-MADE 15 07 019 IYU20f2020 AGGREGATE I 0 r__:D=EO =RETENTION S WORKERS N E,CN PERarw AND EMPLOYERS'L IL STP. E �'" ER ANY t7PR6 AR ERd EC VE Y!� E.L. CHACCIO T' � �QO• 0 C OFFI ER CLUDEI�? N NtA 137065 1 1012 10 1 312019 d y In RIS E.L.DISEASE-EA EMPLOYEE 6A ° IfymcAsalbounder DESCRIPTION OF OPERArIONSbel E.L.DISEASE-POLICYLIMIT $ DESCRIMN OF OPERATIONS I LOCATIONS t VEHICLES(ACORD 101.AddItlana Runaft Schedule,may No aftchedNacre opwa In rmqul ) The City of Boynton Beach,R's officers,employees and agents are included as additional Insured as regarding the General Liability policy. CERTIFICATE HOLIER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE MLL BE DELIVERED I City of Boynton Beach ACCORDANCE VVITH THE POLICY PROVISIONS. 100 E.Boynton Beach Blvd. AUTHORMW REPRESMATrJE Boynton Beach, FL 33435 IM-201 5 ACOR CORPORATION. AlI rights reserved. C (2015M) The ACORD name and logo are registered Page 750 of 1023 A-1 Air Solutions, Business Number. CAM d 84sw 20th av Okeechobee, FL,34974 M.-8636236203 1 airsolutionsokeeftmaiLcorn § www.al olutionsfi.cor Bill To Estimate EST01 1 City Of Boyton Beach. 08/07/2019 Procurement Service Departr ent 100 East Boyton Bead Boulevard, P,O, Box 310, Boyton Beach, Florida, 33425 o t bbfl,€as r 1, e"11,11211111 `.` s. 14 e°si.turat�. Intracoastal condenser units. $24,395.00 $24,895.00 Replacement of one 15 ton condenser and two 10 tore condensers grilled type face. New filter driers. Systems will secured to existing concrete. We will be responsive for disposal of old systems. Coils will be dated for better protection. Total $24,895M Page 752 of 1023 PROPOSALState License No. �p i V C t 32001 Seventh Avenue North, : • City of Boynton Beach Replace (3) R410A Condensers DRESS �2240 N. Federal HWY Boynton Beach MAIL � -307-2185 MootzG@bbfl.us @b - Remove and properly dispose of(3) Carrier condensers Model - 38AUDAI 6, (2) 38AUDA12 - A-em-o-v-e-e-x-1sfi-n-gT1ffe-r driers (6) am Install (97ra"'nd new filter driers' i Pressure test refrigerant lines u; ;geRi confirm Run system under a vacuum and perlbrm start upf Oo-nfirm proper opera ion and re urn system to service JIL includedPermit and inspection are a r' , -- - �„ 1*111W 10,11U* tall, i t n hami the above contingent upon accidarts or delayscontrol. Owner to carty fire,hurricane and other, aOur workersare covered,. y Workman's CompensaUon hisurance. -� t' "Michaeljand are hereby accepted.You are authorhEed to do the work as specified.Payment will ' 4 above. t S fir , 11101 South Crown Way•Suite 2•Wellington,FL 33414 Phone (561)791-3980 F (561)795-1693 July 26, 2019 City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33435 Re: r s sCondenser Location: c r Per your request, Precision Air Systems, Inc. is pleased to submit the proposalbelow o your consideration. PROPOSAL Precision Air Systems, Inc.will furnishl labor and materialsto perform the following service: • Recover refrigerant • Remove(2)old 10 ton condensers and(1) 15 ton condenser • Supply and install ( )new 10 ton 1)now 15 ton Carrier 410A coatedcondensers with coils Supply• install new condenser lle guards • Leak check install • 1 proper vacuum • Wire • Start unit and check operation • Clean or Total Price: $34,998.00 Note: Engineering and permitting are included in this price This proposal is based on all workn o working o Mondayri y from 8.00 —4:30 PM. This quote is valid for thirty days. Sincerely, Approved y: Sean Adams Service Manager ate: P . Page 756 of 1023 6.G. Consent Agenda 3/18/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Accept the Fiscal Year 2019-2020 Budget Status Report of the General Fund and the Utilities Fund for the fourth (4) month period ended January 31, 2020, Unaudited. Explanation of Request: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the fourth (4) month period ended January 31, 2020 (42% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget How will this affect city programs or services? The annual budget is what provides and controls the resources for City programs and services. Fiscal Impact: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND FY 2019-20 FY 2018-19 FY 2020 vs. 2019 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues &Transfers $96,437 $ 57,918 60% $ 91,124 $ 52,414 58% 5.8% 10.5% Expenditures $(96,437) $(40,332) 42% $(91,124) $(38,948) 43% 5.8% 3.6% Excess(Deficit) $- $ 17,586 $ $ 13,466 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $17.51VI surplus for the period ending January 31, 2020. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $79.81VI or 83% of our total $96.41VI General Fund budget estimate for FY 2019-20. Transfers from other funds(non-revenues) provide $16.61VI or 17% of the total funding sources. These three major estimated funding sources are summarized as follows: 1. 40% - $ 38.81VI— Property taxes less Tax Increment Financing to the CRA 2. 43% - $41.01VI—All other revenues plus General Fund Balance 3. 17% - $ 16.61VI—Transfers from other funds 100% - $ 96.41VI—Total funding sources The property tax rate for FY 2019-20 is 7.9000 mills same as the prior year and yielding net property taxes of $38.8M, which is a 6.82% increase ($2.2M)from FY 2018-19. Page 758 of 1023 Actual Funding Sources Realized: At the end of the fourth month in FY 2019-20, revenues and transfers realized are approximately $57.9M or 60% of the budget estimate compared to $52AM or 58% realized to date in FY 2018- 19. The chart below presents the various categories of revenues received to date in the General Fund. EY 2019/20 GENERAL FUND NPERATIIN REVENUES r,17E R N AL F U N D (thru January 31,2020) ®RANSFERE,. r17ERE T&r1dEC` �1js REVENUE 5E,13F,5443 U P� N c Cr#=R E FCR 8� SERV a`CE`, 52,955-7.45S ° ,E., - ,V�7T t 1 tv LR NL.E, rte n.GE_rCR HRVICH, VN rem-T,., FE'VENLE IN—ERGCVERNMEJT SIT h :Lra¢ 7 tw FE L REVENUES, $3,132,592,6,3f; L CEN E`AND PERM I—S,$4,729,S-99 ,2 Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $33.9M or 85% of $38.8M as compared to $30.6M or 84% of$36.3M for FY 2018-19, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 5.81% from $91.1M to $96.4M. The budget increase was due to the cost of doing business, Town Square project—office rental, and providing funding related towage increases. Actual Expenditures — General Fund expenditures are $40.3M, for the fourth month period ending January 31, which is 42% of the $96AM adopted for FY 2019-20. Note: the CRA Tax Increment Financing and the City's annual pension obligations for General Employees, Fire, and Police were paid early in the fiscal year. EY 2019/20 GENERAL FUINID OPERATING EXPEND II T ES (ter January 31,2020) LES SURE SEP 'C:E�. } }',^s 2 7,S,',f; Page 759 of 1023 i'g"\ PCIBL N OPK`� GENERAL GaVERNMENT, BU LD NG }�3��i}�s� G, S733 cPIE�,L .E 1,gscClq DEVELOPMENT,� �'i�li}yt FIUBLIC aR CPQ L--'Iz U FE SEr VCE: The table at the top of Exhibit B shows year-to-date FY2019-20 spending levels, $40.3M, which is $1.3M ahead of the $38.9M or 42% expended in FY 2018-19 for this same period. The chart below shows the monthly flow of sources and uses. Boynton Beach+General Fund Monthly Comparison of Revenues&Expenditures from October 2019 to January 2020 $sUc ®Revenue m Expen dltures OCT NOV DEC JAN FEB MAR APR MAY JOIN JUL AUG SEP 7 UTILITY FUND The FY 2019-20 annual expenditure budget of$50.9M represents a $2.2M increase from the FY 2018-19 budget of $48.7M, see Exhibit C. FY 2019-20 FY 2018-19 FY 2019 vs. 2018 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues Page 760 of 1023 &Transfers $ 50,939 $ 16,866 33% $48,708 $ 16,545 34% 4.6% 1.9% Expenditures $ (50,939) $ (16,843) 33% $ (48,708) $ (16,535) 34% 4.6% 1.9% Excess(Deficit) $- $ 23 $- $ 10 For the fourth month period in FY 2019-20, • Utility Revenues realized are$16.86M (33%), see chart below. • Utility Expenditures incurred are$16.84M (33%) of the appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $23K. FY 2019/20 UTILITY OPERATING REVENUES (thru January 31,2020) NTE REm7 P0ISC, FUND L NCE, CI'UTrFEE $1.EES,�E3.1G°G_ 5� EP a;LES 0_E VEP`•,ERVICE E .; `- CrN�°�'-"TErc.-L;r;`FEE $6'517134 t3FUND P L.",pit"E Expenditures (Exhibit D) — Utility Fund FY 2019-20 expenditures to date are $16.86M or 33% of the annual appropriation compared to expenditures of $16.5M or 34% for the prior fiscal year. The comparison of revenues and expenditures thru January is presented in the chart below. Boynton Beech Utility Fund Monthly Comparison of Revenues&Expenditures from October 20119 to September 2020 $7 a GM Page 761 of 1023 OCTNLS! DEC JAN FEB MAR APR MAY JUN JUL AUG SEF Alternatives: Discuss this Budget Status Report or request clarification at the City Commission meeting. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum General Fund Revenue Fin Report thru Jan 2020 D Addendum General Fund Expenditure Fin Report thru Jan 2020 D Addendum Utility Fund Revenue Fin Report thru Jan 2020 D Addendum Utility Fund Expenditure Fin Report thru Jan 2020 Page 762 of 1023 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31,2020(33%of Fiscal Year) REVENUES FY 2019-20 FY 2019-20 TO DATE FY 2018-19 FY 2018-19 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 47,501,603 $ 41,650,506 88% $ 44,146,986 38,426,083 87% LESS TIF TAXES TO CRA 8,693,724 (8,693,724) 100% 7,816,311 (7,823,321) 100% NET TAXES TO THE CITY 38,807,879 32,956,782 85% 36,330,675 30,602,762 84% LICENSES AND PERMITS BUSINESS TAXES 1,701,000 1,522,490 90% 1,750,000 397,696 23% BUILDING PERMITS 3,017,500 1,306,679 43% 2,965,000 1,326,588 45% FRANCHISE FEES 4,720,000 1,706,629 36% 4,915,000 1,682,974 34% OTHR LICENSES,FEES&PER 180,000 194,101 108% 222,000 154,577 70% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 75,000 2,951 4% 75,000 8,505 11% STATE SHARED REVENUES 9,365,000 2,987,988 32% 8,852,000 2,846,255 32% SHRD REV FROM OTHR LCL 295,600 141,653 48% 335,000 177,669 53% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 144,782 160,813 111% 124,663 145,810 117% CHRGS-GENERAL GOVT 493,500 153,221 31% 508,688 144,770 28% PUBLIC SAFETY 7,120,560 2,478,970 35% 6,981,200 3,095,021 44% PHYSICAL ENVIRONMENT 14,000 1,180 8% 20,000 7,620 38% CULTURE/RECREATION 404,500 163,274 40% 411,500 134,233 33% INTEREST&MISC REVENUE LIBRARY FINES 25,000 3,302 13% 30,000 4,021 13% VIOLATIONS LOCAL ORD. 395,000 171,485 43% 393,000 118,893 30% INTEREST EARNINGS 163,000 3,895 2% 65,000 (12,511) -19% RENTS AND ROYALTIES 370,800 142,339 38% 363,800 186,499 51% SPECIAL ASSESSMENTS 6,689,000 6,042,189 90% 6,589,000 5,776,936 88% SALE OF SURPLUS MATERIAL 3,000 10,008 334% 1,500 4,434 296% OTHER MISC.REVENUE 4,445,000 1,765,325 40% 4,264,000 301,988 7% INTERNAL FUND TRANSFERS TRANSFERS 16,642,000 5,547,333 33% 15,927,000 5,309,000 33% FUND BALANCE APPROPRIATED 1,365,468 455,156 0% - - Total Revenues $ 96,437,589 $ 57,917,763 60% $ 91,124,026 52,413,740 58% $110,000 Two Year Cumulative Revenue Comparison and CFY $96,434 $100,000 Budget-(S in thousands) " $90,000 v I4 $80,000 r , $70,000 )", $60,000 , ,r s w , ' s y $50,000 _ s , $40,000 g y ti j rc $30,000 v $20,000 � t t $10,000 $o Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2018-19 Actual 0111111=Cumulative 2019-20 Actual X2019-20 Budget S:\Fiim1ceF1➢mlcial Reports\n-lontlily Fumuicial Reports\FI'2019-2020\FY1920 Budget Review-GF-tluu J-20 Swmnarized001 Revenue Swmnuy Revised Page 76320f 1023 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31,2020(33%of Fiscal Year) EXPENDITURES FY 2019-20 FY 2019-20 TO DATE FY 2018-19 FY 2018-19 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 290,194 $ 117,308 40% $ 276,642 $ 99,233 36% CITY MANAGER 785,125 310,823 40% 774,532 333,267 43% CITY HALL/GEN.ADMIN. 6,310,202 967,108 15% 3,202,151 870,851 27% MARKETING/COMMUNICATIONS 448,554 145,770 32% 464,668 131,389 28% SPECIAL EVENTS 386,749 64,242 17% 251,889 52,779 0% TOWN SQUARE 5,720,370 2,592,841 45% 4,305,954 2,024,100 47% CITY CLERK 663,724 243,061 37% 763,171 223,699 29% CITY ATTORNEY 592,931 215,811 36% 568,011 168,225 30% FINANCIAL SERVICES 1,397,880 616,143 44% 1,348,593 604,201 45% ITS 2,612,736 1,033,034 40% 2,439,074 965,433 40% HUMAN RESOURCES 895,458 353,812 40% 822,093 314,117 38% PUBLIC SAFETY UNIFORM SERVICES 15,618,467 8,324,764 53% 17,672,892 8,322,763 47% ADMINISTRATIVE SERVICES 4,687,294 1,627,375 35% 3,236,139 1,395,643 43% SUPPORT SERVICES 11,261,653 5,149,749 46% 10,646,354 4,881,338 46% FIRE 24,676,631 11,335,348 46% 25,455,434 11,716,379 46% COMMUNITY STANDARDS 2,180,402 884,676 41% 2,219,335 866,029 39% EMERGENCY MANAGEMENT 30,275 959 3% 28,775 1,182 4% BUILDING&DEVELOPMENT DEVELOPMENT 1,209,600 515,437 43% 1,233,188 551,305 45% BUILDING 1,497,270 667,140 45% 1,585,060 588,614 37% ENGINEERING 755,080 249,956 33% 659,397 263,146 40% PLANNING&ZONING 789,364 327,425 41% 713,629 283,931 40% ECONOMIC DEVELOPMENT 480,350 170,268 35% 463,475 146,781 32% PUBLIC WORKS PUBLIC WORKS 147,249 66,747 45% 157,875 70,444 45% FACILITIES MANAGEMENT 2,167,883 593,235 27% 1,848,998 605,195 33% STREETS MAINTENANCE 1,250,432 326,107 26% 1,200,324 362,533 30% LEISURE SERVICES LIBRARY 2,511,862 1,031,162 41% 2,336,700 897,434 38% SCHOOLHOUSE MUSEUM SERV 386,428 98,658 26% 322,094 110,194 34% RECREATION 3,402,021 1,242,925 37% 3,011,935 1,144,191 38% PARKS&GROUNDS 3,281,405 1,059,185 32% 3,133,819 949,699 30% CRA REIMBURSABLE&RESERVES - 1,057 0% - 4,191 0% Total Expenditures $ 96,437,589 $ 40,332,126 42% �$-- 91 142 201 $ 38,948,286 43% $110,000 Two Year Cumulative Expenditure Comparison and $100,000 CFY Budget-($in thousands) $96;434 m $90,000 ` $80,000 $70,000 $60,000 $50,000 m v� $40,000 $30,000 a__ $20,000 ?. $10,000 ,03 J $0 ......... mmmm,mmmm.. Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep F, 'I Cumulative 2018-19 Actual EMM Cumulative 2019-20 Actual -, 2019-20 Budget S:TunannceFinanncial Reports�Alonthly Financial ReportsTY2019-2020TY1920 Budget Review-GF-t1uai Jan 20 Swmnarized001 Expendit-Swmnary Revised Page 76420f 1023 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31,2020(33%of Fiscal Year) REVENUES FY 2019-20 FY 2019-20 TO DATE FY 2018-19 FY 2018-19 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 23,670,000 $ 7,794,521 33% $ 22,542,000 $ 7,619,018 34% WATER CONNECTION FEE 150,000 34,646 23% 150,000 21,230 14% WATER SERVICE CHARGE 850,000 292,635 34% 850,000 307,395 36% WTR-BACKFLOW PREVNTR TEST 15,000 10,510 70% 14,000 5,734 41 RECLAIMED WATER SALES 500,000 189,180 38% 310,000 184,837 60% SEWER SERVICE 20,200,000 6,514,744 32% 19,635,000 6,708,343 34% STORMWATER UTILITY FEE 4,500,000 1,665,869 37% 4,100,000 1,330,109 32% TELEVISE SEWER LINES 12,000 2,490 21% 10,000 - 0% FEES 35,000 9,222 26% 20,000 1,779 9% INTEREST INCOME 35,000 3,851 11% 35,000 (15,476) -44% SALE OF SURPLUS MATERIAL 2,000 - 0% 2,000 - 0% OCEAN RGE UT TAX ADM CHG 800 - 0% 800 288 36% MISCELLANEOUS INCOME - 25,000 0% - 35,467 0% FUND BALANCE DECREASE(INCREASE) 969,970 323,323 33% 1,039,304 346,435 33% $ 50939 7 TOTAL REVENUES 70 $ 16,865,991 33% $ 48,708,104 $ 16,545,159 34% $60,000 Two Year Cumulative Revenues Comparison and CFY Budget-(S in thousands) $50,000 $40,000 ,l.. $30,000 $20,000 $10,000 4 $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2018-19 Actual -.Cumulative 2019-20 Actual Budget 2019-20 S:\Finance\Financial Reports\Monthly Financial Reports\FY2019-2020\FY1920 Budget Review-OF-thru Jan 20 Summariz c!401 Rev Sum Page 765 of 1023 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31,2020(33%of Fiscal Year) EXPENDITURES FY 2019-20 FY 2019-20 TO DATE FY 2018-19 FY 2018-19 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED DISTRICT ENERGY PLANT $ 518,286 $ 4,221 1% $ - $ - 0 WATER DISTRIBUTION $ 1,869,455 $ 702,337 38% $ 1,958,189 $ 653,751 33% PUBLIC WATER TREATMENT 6,601,744 2,130,423 32% 6,683,780 2,240,111 34% METER READING&SERVICES 1,354,784 484,597 36% 1,324,231 523,941 40 WASTEWATER COLLECTION 1,873,486 654,370 35% 1,620,043 592,267 37% WASTEWATER PUMPING STATNS 2,649,931 797,115 30% 2,861,825 887,926 31 SEWAGE TREATMENT 4,953,120 1,685,951 34% 4,756,000 1,588,907 33% WATER QUALITY 680,159 233,057 34% 644,646 223,167 35% UTILITY ADMINISTRATION 18,978,772 6,112,782 32% 17,381,261 5,828,692 34% UTILITES ENGINEERING 1,411,090 590,637 42% 1,523,222 667,448 44% STORMWATER MAINTENANCE 1,482,852 451,958 30% 1,238,896 408,690 33% CUSTOMER RELATIONS 1,121,708 481,276 43% 1,191,811 441,282 37% DEBT SERVICE 7,444,383 2,515,066 34% 7,524,200 2,478,917 33 Total Expenditures $ 50,939,770 $ 16,843,790 33% $ 48,708,104 $ 16,535,099 34% $60,000 Two Year Cumulative Expenditures Comparison and CFY Budget-(S in thousands) $50,000 1��U�r� $40,000 r Ire t6�fSv $30,000 ( b,Y l � ti! $20,000 ;;_. tl tli�liii b''s'� �S, �} ,,A,1, � �, �N, �vl �ti}Z y ik��llsy,•i�14 �' Svr11}�, ;� $10,000 ��Is ��,: SII{11i1f, S�hl�;lx 4Vh1� $0 �vli Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep g,"ti WK,'Cumulative 2018-19 Actual ME=Cumulative 2019-20 Actual 2019-20 Budget S TinanceAFinane ial Reports\Monthly Financial Reports\FY2019-2020AFY1920 Budget Review-OF-thru Jan 20 Summarized401 Exp Sum Page 766 Of 1023 6.H. Consent Agenda 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on March 3, 2020. Explanation of Request: The City Commission met on March 3, 2020 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? Grant Amount: ATTACHMENTS: Type Description Minutes Minutes 03-03-2020 Page 767 of 1023 Minutes of the City Commission Meeting Held in the Intracoastal Park Clubhouse 2240 N. Federal Highway, Boynton Beach, Florida On Tuesday, March 3, 2020, at 5:30 p.m. Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Crystal Gibson, City Clerk Christina L. Romelus, Commissioner Ty Penserga, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. Invocation — Pastor Kelly Nothnagle, Calvary Chapel Boynton Beach. Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Katz requested to move item 5-A to the beginning of the announcements. Mayor Grant requested at add to Future Agenda Items to look at the Village of Wellington's home-based business ordinance, Lake Park's accessory dwelling units ordinance and the City employee policy regarding CBD use and whether it would violate the city policy on a drug free workplace. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor Katz seconded the motion. The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Page 768 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 Vice Mayor Katz, Commissioner McCray, Commissioner Romelus, and Commissioner Penserga had nothing to disclose. Mayor Grant noted that on February 19th, he attended the COWBRA (Coalition of West Boynton Resident Association) and Lunch with FAU CARD (Center for Autism and Related Disabilities). He was very excited about working them to bring awareness to the City of Boynton Beach. On February 20th, he attended the Transportation Planning Agency meeting to amend the long-range transportation plan, which includes State Road 7 extension. On February 21St, Mayor Grant was the MC for Poinciana Elementary School's talent show. On February 22nd, he attended the city's Oceanfront Bark event, complimented the Parks and Recreation Department. He also attended Poinciana Elementary School's tree planning along with Community Greening to plant 50 trees. Noted he hoped the CRA could work with the school to plant more trees. On February 23rd, he attended the Mother Language Day a free event, held at Sara Sims Park. The event went extremely well. On February 24th, he attended the Board of County Commissioners and the League of Cities meeting. Discussed issues between the City and the County focusing on transportation regarding mobility plans, water resources, environmental concerns and housing. The County is contemplating adding a debt millage for water resources and housing. In addition, he attended the General Employee Pension Board meeting. He attended the SRWTB meeting, to make sure the expansion is on target. On February 26th, he attended the League of Cities meeting in Atlantis and had an interview with Invest Palm Beach. On February 27th, he attended the Galaxy scrub educational seminar, where the South Florida Water Management District and Palm Beach County ERM removed some invasive species. The students learned about keystone species. That evening he attended the Palm Tram Service Board. On February 28th he attended the Business Development Board breakfast, with their site selection committee, attended the City's first quarterly orientation. The speed-hiring event paid off. He was pleased to throw out the first ball of the season at the East Boynton Beach little league field. On February 29th, he attended Rock the Plaza at Ocean Palm Plaza, two ribbing cuttings for the community policing units and US CBD. Commissioner McCray requested an update regarding the Oceanfront Bark event. 5-A A. Approve the request of Vice Mayor Katz to distribute $2,000 of his Community Support Funds to the Florida Youth Rugby Union. (Heard earlier out of sequence.) Vice Mayor Katz noted the coach and members of the rugby team would like to say a few words. Sean Simon Teacher at South Tech Academy, President of Boynton Beach Youth Rugby, wanted to give information on some of the players and their stories of rugby. Page 769 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 Provided some funding principles: does not want to charge any membership dues for the after-school program so there are no financial barriers. He made it an after school program. He created some school partnerships. The standards are exceptional. He wanted instill a core value system. He wanted to introduce and connect with collegiate opportunity. Many of the players have many opportunities. Lex McManus, a team member's mother, commented this program does not have a lot of support from the community. Internally she could not have imagined a family such as this. They are showing them that they can go to college. She teaches the boys manners. She would love to have some African American males show up in the crowd. Natalie King, a team member's mother, said this program has done so much for her child. It is amazing what this sport has done. Jatavia Coleman, team member, added that this has done so much for her; she has played in a collegiate women's league. Stated Simon has been like a father to her. Rugby has made them all family. Samuel Taylor, a team member's father, commented that this sport has bitten his son. His son works and goes to school and he plays hard. The character he has seen developed in him is amazing. Michael Joseph, team player, noted that before going to South Tech, he did not know what rugby was. He stated the highlight in his week was going to practice. He fell in love with the sport. Indicated his character has changed for the better. Mr. Joseph stated this is a wish come true. One activity can change the future. Sherry, a team member's mother, noted when they relocated to Boynton Beach, her daughter could not play rugby anymore with the boys. She stated she loved this club and has much respect for the club. Sarah, team member, stated she has played rugby for 11 years and it consumes her life. When she got in high school, she could no longer play. Simon gave her a place to go. The different between rugby and all other sports, which get funding, is that this sport builds character and respect. Vice Mayor Katz explained this is why he has allocated these funds from his community investment account; he once played for the men's team in Palm Beach County. Commissioner Romelus asked about expansion outside of Boynton Beach. Mr. Simon explained the program was a two-tiered program, which means they have a travel team; they are trying to form a mini league, with the school partnership. Noted Rugby is not a part of the Florida High School Athletic Association (FHSAA). He has begun the process to create a Florida High School Rugby Association. He is lobbying the Page 770 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 FHSAA to adopt rugby. There are some informational clubs. All the kids are teammates, some of the events they split up. They play other travel teams. They are trying to expand, to become more of a mainstream sport. Commissioner Romelus requested more information regarding the program. She explained she is affiliated with Police Athletic League of West Palm Beach. She understands the staff are volunteers and asked where would the funding go to support. Mr. Simon explained the funding goes to USA Rugby registration. Stated every student must register with USA Rugby. Registration is $70 per child, but oftentimes the families cannot afford to pay. There is also gear, tackle dummies and they just got travel team uniforms. There are expenses with the travel team; when the games are over, the teams come together and the hosting teams feed the other team. Commissioner Romelus stated he is changing lives for the better. She stated she is donating the remainder of her community support funds. Commissioner McCray thanked everyone for encouraging each other. He did not understand what rugby was. Keep up the good work. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. The motion unanimously passed. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Sari Vatske, Executive VP of Feeding South Florida, will announce the merger between Feeding South Florida and the Community Caring Center of Palm Beach County. Sari Vatske, Executive VP of Feeding South Florida, announced that Feeding South Florida and the Community Caring Center of Palm Beach County (Community Caring Center) are merging in April 2020. Doreen Robinson, said they have a shared vision for Palm Beach County. Feeding South Florida and the Community Caring Center's merger will open doors to increased innovative solutions for those struggling to put food on the table. They are combing resources for citizens of Boynton Beach and Palm Beach County. Appreciate the support. They have great plans to work together. Based in the City of Boynton Beach, the Community Caring Center has served Palm Beach County for the past 30 years, with a compassionate approach to their mission that aligns with Feeding South Florida's "Families First" philosophy. Their approach is why Feeding South Florida is committed Page 771 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 to preserving and expanding the Community Caring Center's meal delivery, senior caregiving and job training programs. By coming together and removing the duplication of the critical resources necessary to end hunger in Palm Beach County, the combined organization is excited to continue working alongside the City of Boynton Beach and the CRA to increase food access where it's most needed. Commissioner McCray stated this was a super win. Asked how long until the kitchen would be completed. Ms. Vatske replied in mid-April. In addition, she wanted to commend Sherry Johnson, Chief Executive Officer, for her the efforts for the past 30 years. We truly believe this is an honor to carry the name, Feeding Palm Beach County Community Caring Center. Mayor Grant stated he is glad to see the program if flourishing. B. Proclaim March 6th, 7th, 13th, 14th, 20th and 21 st as Boynton Beach Professional Fire Fighters of Local 1891 "Fill the Boot Days." Jeaneece Washington from the Muscular Dystrophy Association will accept the proclamation. Mayor Grant proclaimed March 6th, 7th, 13th, 14th, 20th and 21st as Boynton Beach Professional Fire Fighters of Local 1891 "Fill the Boot Days." The firefighters have raised $468,000 for the Muscular Dystrophy Association. Jeaneece Washington, Muscular Dystrophy Association, thanked the Commission for allowing the firefighters to collect for the Muscular Dystrophy Association and the families they serve. Indicated in the past 5 years, over 9 drugs have been approved by the FDA. Stated ALS is becoming a disease, there are two drugs coming next year. Without the support, these drugs would not be possible. Thanked the City for their support. C. Proclaim the month of March 2020 as American Red Cross Month. Peggy Martin from the American Red Cross will accept the proclamation. Mayor Grant proclaimed March 2020 as American Red Cross Month. Peggy Martin, American Red Cross, accepted the proclamation, and thanked the City of Boynton Beach for their support. This month the American Red Cross installed 192 smoke detectors in County Green of Boynton Beach. Commissioner Romelus thanked the American Red Cross. Forrest Park also received smoke alarms and was educated on how to protect their homes and prevent fires. Page 772 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 Commissioner McCray stated in the Heart of Boynton, fire alarms were installed. D. Proclaim March 2-6, 2020 as National School Breakfast Week. Bonnie Rawlins, School Food Service Manager at Galaxy E3 Elementary, will accept the proclamation. Mayor Grant proclaimed March 2-6, 2020 as National School Breakfast Week. Lori Dornbusch, Site Based Operations Manager, Palm Beach County School Food Service, accepted the proclamation. She indicated that studies show hungry children cannot learn. This is the priority for the school system of Palm Beach County, to make sure all children have a great start in the morning in order to learn. She stated Bonnie Rawlins is a champion. Commissioner McCray thanked the school system for all they do to feed the children. E. Proclaim the week of March 2-6, 2020 to be Say Something Week in the City of Boynton Beach, FL and encourage all our citizens to recognize Say Something's significance. The proclamation will be accepted by Teresa Trumble-Thomas, South Tech Academy and the Safe School Ambassadors Club Officers: Yaimond Benel-Rivera, President, Kiera Ballard, Vice President, Eve-Sarah Augustin, Secretary, Stelsie St. Hilaire, Treasurer and Anthony Ortiz, Historian Vice Mayor Katz proclaimed the week of March 2-6, 2020 as Say Something Week. Stelsie St. Hilaire, Secretary of the Safe School Ambassadors Club and Eve-Sarah Augustin, Vice President announced 400 students attended a Say Something training and safety meeting. The Say Something Week would include activities such as signing against gun violence, wearing green to honor the student and the staff who died at Sandy Hook Elementary school. Thanked Mayor Grant for recognizing this branch. F. Early Voting for the March 17, 2020 Presidential Preference Primary and Municipal Election will begin on Saturday, March 7, 2020 and will continue through Sunday, March 15, 2020. The Early Voting hours are from 10:00 a.m. until 6:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: htts:llwww. bceetions.or oterslEar -Voting. Mayor Grant announced that early voting for the March 17, 2020 Presidential Preference Primary and Municipal election will begin Saturday, March 7, 2020 and will continue 6 Page 773 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 through Sunday, March 15, 2020. Mayor Grant noted a listing of early voting locations throughout the County could be found at www.pbcelections.org/voters/early-voting. Early voting within the City is from 10:00 a.m. until 6:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Blvd. G. Due to the March 17, 2020 Presidential Preference Primary and Municipal Election, the second Commission Meeting in March has been rescheduled to Wednesday, March 18th at 5:30 p.m. Mayor Grant announced the Commission Meeting scheduled for March 17th has been rescheduled to March 18, 2020 at 5:30 p.m. due to the elections. H. Announcement by Andrea Javier, Human Resources Manager, of Let's Move: Commit to Change Physical Activity Challenge, a countywide initiative that focuses on physical activity, nutrition, and healthy behaviors. The City is encouraging Boynton Beach residents, businesses, employees, and supporters to move for at least 30 minutes per day and to log their active minutes from March 1st - 31st. To register, visit www.LetsMovePBC.org and join team: The City of Boynton Beach. Andrea Javier, Human Resources Manager, announced the start of a Let's Move: Commit to Change Challenge. The City is encouraging the residents and employees to move for at least 30 minutes per day. The City of Boynton Beach has participated in the Let's Move activities in the last few years. Ms. Javier provided some activities within the City of Boynton Beach. I. Announce Boynton's Finance Department earned an award from the Government Finance Officers Association (GFOA) for Excellence in Financial Reporting for their 2018 Comprehensive Annual Financial Report. Mayor Grant announced that Boynton Beach's Finance Department received an award for Excellence in Financial Reporting. Mara Frederickson, Director of Finance, announced the award was received from the Government Finance Officers Association (GFOA). There are 412 Cities in the State of Florida and 283 of them earned certificates for their Financial Statements last year. Indicated there are 4,326 municipalities awarded nationally last year by GFOA. This was a team effort. This award would not be possible without the staff. Commissioner McCray thanked the Finance Department for a job well done. Page 774 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 Eleanor Krusell, Public Communications and Marketing Director, said that Oceanfront Park, formerly called the Boynton Casino, was purchased on March 12, 1921 for $5,750. She noted as part of the yearlong celebration for the City of Boynton Beach Centennial, the City is waiving the parking fee on March 12, 2020 between the hours of 9am-5pm. Indicated parking is limited. 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) Mayor Grant opened public audience. Susan Oyer, 140th SE 27th Way, said she was curious what the plans are for the Coronavirus and Blarney Bash. There are 2,200 cases in Italy and 79 people have died in Italy. She was hoping that the city has a plan in place. Mayor Grant explained that the City has a plan. Interim Chief Matt Petty explained the City is in constant communication with Palm Beach County and the CDC (Centers for Disease Control and Prevention), this is an ongoing situation, and they are doing everything that they can. Provided some tips to keep safe. Susanne Roth, Schoolhouse Children's Museum, announced Art in Bloom takes place this weekend at the Schoolhouse Children's Museum. The second annual schoolhouse bash, "Too Cool for School", would take place on April 23rd from 6-10 pm at Benvenuto Restaurant. They are honoring Dr. Marcy and James Young Family Foundation and the Boynton Beach Garden Club. Come out and have a fun and interactive evening. Provided an update regarding the grant received from the Henry Nyish Foundation. This grant allows for two programs: Art of the Story and Museum on the Go. The Museum is currently serving 158 children and features a different book each month. The Art of the Story is a literacy and an art-based program; each classroom receives a copy of the book presented each month. Museum on the Go is a stand-alone program, which provides science-based outreach programs to title one elementary and underserviced preschools in the areas. They have scheduled 263 children in three different schools. Ms. Roth invited everyone to come play with them, where learning is an adventure. Irwin Senesce, 223 NE 12 Avenue, Boynton Strong, provided some information regarding Boynton Strong. Indicated Boynton Strong is a 501(c)3 organization that aims to connect individuals and families with programs, services, and resources that help them overcome barriers to their growth, development and over all well-being. Boynton Strong connects people with training and services. Noted some of their work included Peace N Da Hood, a weekly basketball social that aims to reduce crime. Featured in the Palm S Page 775 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 Beach Post and have over 40+ weeks in a row without violence. Free Summer Camp in the summer of 2018, provided a safe space for about 65+ young people. Featured on WPTB News Channel 5. Turkey and Toy Drives featured on WPTV News Channel 5. Cancer Walk hosted a fundraiser for a great cause honoring cancer survivors. Volunteers for the Boynton Beach MLK event, the grand opening event for Sara Sims Park, Boynton Beach Christmas Parade and much more. Mr. Senesce noted Boynton Strong would continue to create spaces for community to engage with one another and share resources. Mayor Grant stated the city wanted to work with Boynton Strong. Stated February 14tH they had their career fair, where over 60 people signed up, and the Mayor requested an update. That is something that anyone that wants to work in Boynton Beach can get a job. Commissioner McCray thanked him and encouraged him to keep Boynton Strong. Tory Orr, 407 NE 17 Avenue, noted he was over on 7t" Avenue and he asked if the same person would be building town square. He asked if they were laborers, not trained. Where are jobs for the people in the Heart of Boynton? When is the community going to be getting jobs in the community? He said Sophia Nelson indicated they needed 14 people immediately and nothing happened. He said she refuses to communicate with them anymore. He stated that the City needs to do better when it comes to jobs in the neighborhood and that Ms. Nelson does not live in Boynton Beach. Mr. Orr said no one in the neighborhood received a job offer. Mayor Grant indicated this information should be on the next agenda. Commissioner McCray stated this is what is disheartening to the young people in the area, and then when the city does not come through. It is disappointing. It was more than a slap in the face. Commissioner Romelus thanked Mr. Orr for expressing his concerns. Mayor Grant closed Public Audience. 5. ADMINISTRATIVE A. Approve the request of Vice Mayor Katz to distribute $2,000 of his Community Support Funds to the Florida Youth Rugby Union. ( Heard earlier on the agenda) B. Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to The Lord's Place. Motion Page 776 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. The motion unanimously passed. Diana Stanley, CEO of The Lord's Place, said they are a leading provider for serving the homeless community for more than 40 years. In Boynton Beach, there is a place called the William H. Mann Place for Men, serving 50 men, giving them a purposeful life. She encourages people, when they see someone who is homeless, it could be someone brother, son, father. We must look at them as individuals. Everyone is worthy of a place to live and have a better life. The Mann campus has been in Boynton Beach for over 30 years. Commissioner McCray inquired about the homeless in John Prince Park. Ms. Stanley stated they are working closely with Palm Beach County, and provide training and placement. Indicated an emergency shelter is temporary solution. They are committed to building homes. They launched a campaign, which has raised $15M for supported housing. She is going to Washington with Lois Frankel to address this problem. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant announced the vacant positions on the City of Boynton Beach Advisory Boards. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve issuance of a purchase order to R. George & Associates, Inc. $77,800.00 to provide relocation services to the library from its current temporary locations back to its permanent location in Town Square. Commissioner McCray just wanted to explain whenever the residents see the large amounts; it is for the entire city, not just for Town Square. B. Proposed Resolution No. R20-019 - Authorize the City Manager to sign the Accelerated Technology Laboratories, Inc. Master Software & Services Agreement. 10 Page 777 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 C. Approve upgrade of VTScada licensing to the $50K Tag Bundle, which includes an additional server runtime license and full system support at a total price of $44,256.13. D. Approve minutes from the City Commission meeting on February 18, 2020. Motion Commissioner McCray moved to approve the consent agenda as presented. Commissioner Penserga seconded the motion, which unanimously passed. 7. Consent Bids and Purchases over $100,000-None 8. Public Hearing A. Proposed Ordinance No. 20-002 - Second Reading -Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the March 18, 2020 Commission Meeting.) B. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the March 18, 2020 Commission Meeting.) C. Proposed Ordinance No. 20-004 - Second Reading -Approve amendments to IPUD, Infill Planned Unit Development zoning district (CDRV 20-001) -Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article II. Definitions and Article III. Relationship to Comprehensive Plan; and (2) Chapter 3. Zoning, Article I. Overview, Article III. Zoning Districts and Overlays, Article IV. Use Regulations and Article V. Supplemental Regulations, to establish IPUD as a zoning district corresponding to the High Density Residential (HDR) Future Land Use classification, and to eliminate R-4, Multi Family district from the list of residential zoning districts. Applicant: City-initiated. City Attorney Cherof read proposed Ordinance No. 20-004, on second reading, by title only into the record. Motion as Page 778 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion, which unanimously passed. Mayor Grant opened to public audience. Seeing none, public audience was closed. Clerk Gibson called the Roll. Vote 5-0 9. City Manager Report A. Approve the below dates for FY 20/21 Budget Workshops which will be held at the Intracoastal Park Clubhouse: Monday, July 13, 2020 @ 5:00 P.M. Tuesday, July 14, 2020 @ 10:00 A.M. Wednesday, July 15, 2020 @ 2:00 P.M. Mayor Grant announced the Budget workshops are held at the Intracoastal Park Clubhouse. Proposed Budget Workshops are scheduled for July 13-15, 2020 at the Intracoastal Park Clubhouse. Typically, the Commission staggers the starting times to accommodate the public's attendance. Lori LaVerriere, City Manager, inquired if the presented dates were acceptable to those on the dais. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion, which unanimously passed. 10. Unfinished Business-None 11. New Business A. Proposed Resolution No. R20-020 - Approve and ratify appointment of Kathryn Matos as Assistant City Manager -Administrative Services, pursuant to City Code of Ordinances, Chapter 2, Article II, Section 2-30(b). Mayor Grant read proposed Resolution No. R20-020 to approve and ratify the appointment of Kathryn Matos as Assistant City Manager. Motion Page 779 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 Commissioner McCray moved to approve with discussion. Vice Mayor Katz seconded the motion, which unanimously passed. Lori LaVerriere introduced Kathryn Matos to the Commission and indicated there were three rounds of interviews, in which several members of staff participated including Interim Fire Chief Matt Petty, City Clerk Crystal Gibson, Mara Frederiksen, Director of Financial Services, Julie Oldbury, Director of Human Resources, and Colin Groff, Assistant City Manager. Kathryn Matos thanked the Commission for the opportunity. She is looking forward to hitting the ground running. Commissioner McCray inquired how long she was at her last position. Ms. Matos replied, 7 years tomorrow. Mayor Grant said he looks forward to having her on the team. B. Proposed Resolution No. R20-021 - Approve the 2020 update to the City of Boynton Beach Climate Action Plan. Motion Vice Mayor Katz moved to approve for discussion. Commissioner McCray seconded the motion, which unanimously passed. Rebecca Harvey, Sustainability Coordinator, provided a chronology of a decade of climate action planning. 2010, First Climate Action Plan & Greenhouse Gas Inventory 2012, Joined SE FL Regional Climate Change Compact. 2015, Revised Climate Action Plan. 2017, Created Office of Sustainability. 2018, Joined Global Covenant of Mayors for Climate & Energy. 2020, Updated Climate Action Plan. Ms. Harvey explained the local climate action planning vision statements. Make Boynton Beach a regional and national leader in sustainability through innovative policies, programs, and partnerships. Become a leader in energy efficiency and clean energy that comes from the sun, wind, or other renewable technologies. Create a greener Boynton Beach by enhancing the tree canopy and native plant and wildlife communities. Transform Boynton Beach into a community where people walk, bike, take transit, or carpool for most trips in a safe, accessible, and affordable transportation network. Ms. Harvey stated the plan focused on the reduction of greenhouse gas. Cost saving, by reducing costs of electricity a vehicles fuel/maintenance. Economic development by promoting local green businesses and ecotourism. Public Health by reducing air pollutants and promoting activity lifestyles. Ecosystem Protection by enhancing 13 Page 780 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 greenspace and reducing plastic pollution. Climate resilience by reducing urban heat and promoting resilient energy systems. The Climate Action plan has made effort to align with the City of Boynton Beach pillars. Indicated they have made an effort to align with the City strategic planning goals. The low-income communities are historically underserved and underrepresented. However, these communities are at risk to withstand the worst of climate impacts. The City of Boynton Beach prides itself on diversity and inclusiveness. The CAP will continue to elicit diverse stakeholder's participation, to ensure that benefits of climate action shared equitably among all community members. Ms. Harvey indicated there is active community engagement is critical; and this is done in several ways, such as the sustainability advisory teams, climate action workshop, and ongoing public engagement. Ms. Harvey explained the greenhouse gas to reduce the emissions to 50%. To have a Net zero GHG emission by 2050. These are ambitious projects, both they are achievable. Ms. Harvey showed a graph, which indicated the Greenhouse gas emission targets, which has the actual measured emissions from 2015 and 2015. The emissions reduction target to show the 50% reduction from 2015 to 2035; the FPL grid for improvement with and without the improvement. The Implementation and monitoring are in direct relation to GHCI metrics. Report progress annually to the commission. Integrate the CAP actions into the budget process. Seek grants and other funding/financing sources. Prioritize high impact actions and develop pathway to meet GHG reduction targets. Develop interactive online platform to track implementation. Of the plan, continue to monitor and implement. Report progress annually, integrate CAP actions into the budget process. Seek grants and other funding financing sources. Prioritize high impact action and develop pathway to meeting GHG reduction targets, develop interactive online platform to track implementation. Thanked the Sustainability team, Sustainabase and staff. Commissioner McCray inquired about who represents Sustainabase. Ms. Harvey introduced Matt Zirkelbach, Founder and Holly Lichtenfeld. Commissioner Penserga asked how the number derived. Ms. Harvey replied it is not a physical measure for carbon dioxide. No physical sensor placed around the city. An inventory focuses on the activity and resource use of boundary. There are two levels such as the level of government operation, and the level of communities. Obtaining the document of resource use, such as purchased energy, such as electric use. Conversation factors, the grid is getting cleaner. 141, Page 781 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 Commissioner Penserga indicated on page 12 in the provided document, shows the vast majority from the government side comes from buildings. Inefficiency in building which was 68%. Does the City know which building are the drivers of the 68% inefficiency? Ms. Harvey stated the aim was to make it precise. The biggest electric users in the city was Wastewater Treatment Plant, the Water Treatment plants and City Hall. Then the Community Centers and then the larger building. Commissioner Penserga stated this was a large number. The overall greenhouse gas emission declined 14%; this contributed to improvement to FPL, but also a reduction in electricity consumption. He was confused about the decrease. Ms. Harvey replied since the initiative began, the City has upgraded some of the buildings are now equipped with automatic timer and upgraded air conditioning units. She also stated there were buildings torn down. She explained when the other buildings come online they will be efficient buildings. Commissioner Penserga asked how this change the projection of the progress. Ms. Harvey stated there would be buildings that are more efficient and the City has the district energy plant. Commissioner Penserga stated this would be public facing. Stated there was some data missing. Ms. Harvey explained there was no consultants during those missing years. Boynton Beach is ahead of the curve. The City has an annual inventory. Commissioner Penserga noticed the community priority did not match with the GHG reduction potential. Ms. Harvey stated people care about many things. Commissioner McCray explained this was a project that was previously placed on the shelf. Ms. LaVerriere explained they have a dedicated, passionate employee leading this project. Mayor Grant commented understands the water utility is the biggest user of the electricity, and he understands many residents use the solar now program. The City received the solar canopies. He would like to see if the City could see if the public would like to make that investment to the city regarding using the water utility as the conduit to build solar panels, because there are plenty of lift stations, plenty of water treatment plants and there are plenty of spaces available. He would like to see if the Commission can have a voluntary program for utility to add solar panels. Wanted to get a consensus to get that information. Asked how much is the fee for electric and for the water utility. a Page 782 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 Colin Groff, Assistant City Manager, responded electric is one of the largest consumable for the plants and the pump stations. Indicated there are some utility providers where residents voluntarily pay to create green energy sources. This is a new program. Mr. Groff stated the Commission has approved the Wastewater project, which would reduce 25% of the energy use. Ms. LaVerriere asked if the modeling show the actual cost of the power. Mr. Groff replied yes. Mr. Groff indicate there are project are trying to do, they are trying to do the most efficient way. Staff would come back with some ideas. Commissioner Penserga requesting to discuss converting single occupancy bathrooms to gender-neutral bathrooms. 12. Legal-None 13. Future Agenda Items A. Discuss Local Septic Tank Inspection Program - March 18, 2020. B. Discuss purchase and sale agreement for Nichols property - March 18, 2020. C. The Central Palm Beach Chamber of Commerce will make a brief presentation to the Commission regarding their member benefits. The City has become a member of this Chamber. - March 18, 2020 D. Quarterly Census Update - March 18, 2020. E. Senator Lori Berman and House Representative Joe Casello will provide a legislative update to the Commission - April 7, 2020. F. Presentation of 2019 Comprehensive Annual Financial Report - April 21, 2020. 14. Adjournment Motion There being no further business to discuss, Vice Mayor Katz made a motion to adjourn. Commissioner McCray seconded the motion. The meeting adjourned at 7:22 p.m. (Continued on next page.) 16 Page 783 of 1023 Meeting Minutes City Commission Boynton Beach, Florida March 3, 2020 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner— Mack McCray Commissioner— Christina Romelus Commissioner— Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk Queenester Nieves, CMC Deputy City Clerk a; Page 784 of 1023 7.A. Consent Bids And Purchase Over $100,000 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for March 18, 2020- "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 AMOUNT SOLICITATION NUMBER TERM Brenntag Mid- Annual Supply of No. 015-2821-19/IT March 20, 2020 $140,200.00 South, I nc. of Sodium Hydroxide to March 19, Annual Estimate Orlando, Florida (Liquid Caustic Soda) 2020 USP Technologies Wastewater Odor No. 013-2821- April 1, 2020 to $100,000 Control Chemicals 17/J MA March 31, 2021 Annual Estimate and Services How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Page 785 of 1023 Climate Action: Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Signed Renewal - Brenntag D Addendum Signed - Renewal Interest Letter USP Technologies- 2020 D Addendum REQUEST FOR 100K+ BID EXTENSIONS 3- 18-20 RW Page 786 of 1023 The City of Boynton Beach FinoncejProcure men t Services P.D.Sox 310 Boynton Bench,Fforido 33425-0310 Te)cphone No:(561)742-6310 r FAX:(561)742-6316 February 12, 2020 Brenntaq Mid-South Inc. 250 Central Florida Parkway Orlando, FL. 32824 VIA EMAIL.TRANSMITTAL TO: subach c@brenntag.com RE: "ANNUAL SUPPLY OF SODIUM HYDROXIDE(LIQUID CAUSTIC SODA)" BID# 1175-2821-19I1T CURRENT CONTRACT PERIOD; March 20, 241-9 THRU March 19, 2020, 16'O I Dear Mr. Ray Sibbitt: The Agreement for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SOCA)" will expire on March 19; 2020. This Agreement allows for three (3) additional orae-year renewals under the same prices, terms and conditions. The City of Boynton Beach would like to renew this contract with your firm for an additional one--year term under the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services via email to mar rnere bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Senior Buyer at(561) 742-6318- Sincerely, I&ML Mara Frederiksen Director of Financial Services cc: Tremaine Johnson, Manager, Field Operations Taralyn Pratt, Contract Coordinator File Americas Gateway to the Guff Stream Page 787 of 1023 The Ciftj o x a ell . Finance/Procurement Services P.O.Box 310 Baynton Beach,Florida 33425-0310 Telephone No:(561)742-631.0 FAX.(S61)742-6316 RE. "ANNUAL SUPPLY OF SODIUM HYDROXIDE(LIQUID CAUSTIC SODA)" ,SID#. 095-2821-19IIT CONTRACT RENEWAL PERIOD: March 20, 2020 THRU March 19, 2021 V Yes,. I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of March 20, 2020 THRU March 19, 2021, No, I do not wish to renew the agreement for the following reason(s): Brenntag Mid-South Inch , ( (( S f NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE TITLE (Please print) AREA CODE a - C3,�IT'E ( )TELEPHONE NUMBER LV Uk EMAIL ADDRESS America's Gateway to the Gulf Stream Page 788 of 1023 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 „ Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 0Y.� FAX: (561) 742-6316 February 14, 2020 Moneke Gibbs USP Technologies 900 Circle 75 Parkway, Suite 1330 Atlanta, GA 30339 VIA EMAIL TRANSMITTAL TO: mgibkLsustecnoloc�is.com BID: "WASTEWATER ODOR CONTROL CHEMICALS AND SERVICES" BID NO. 013-2821-17/JMA CURRENT BID TERM: APRIL 1, 2019 THROUGH MARCH 31, 2020 Dear Ms Gibbs: The current agreement term for"WASTEWATER ODOR CONTROL CHEMICALS AND SERVICES" awarded to USP Technologies expires MARCH 31, 2020. We have been very happy with USP Technologies service. The agreement documents allow for two (2) additional one-year extension and we would like to extend the bid for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmere ftbbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Senior Buyer at (561) 742-6318. Sincerely, 1*&X cl__ — v i k Mara Frederiksen Director of Financial Services cc: Joseph Paterniti, P.E., Utility Director Taralyn Pratt, Contract Coordinator File America's Gateway to the Gulf Stream Page 789 of 1023 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 „ Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 0Y.� FAX: (561) 742-6316 February 14, 2020 BID: "WASTEWATER ODOR CONTROL CHEMICALS AND SERVICES" BID NO. 013-2821-17/JMA Agreement between the City of Boynton Beach and USP Technologies: BID RENEWAL TERM: APRIL 1, 2020 THROUGH MARCH 31, 2021 —X—Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) 1 USP Technologies NAME OF COMPANY SIGNATURE Tom Siller General Manager NAME OF REPRESENTATIVE TITLE (please print) March 3, 2020 (804) 935-2467 DATE (AREA CODE)TELEPHONE NUMBER tsiller@usptechnologies.com E-MAIL America's Gateway to the Gulf Stream Page 790 of 1023 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 March 18, 2020 REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT:Joseph Paterniti, P.E. TERM: March 20, 2020 thru March 19, 2021 SOURCE FOR PURCHASE: City Bid No.015-2821-1917T ACCOUNT NUMBER:401-2811-536-52-35 VENDOR(S): Brenntag Mid-South,Inc,of Orlando,Florida ANNUAL ESTIMATED EXPENDITURE:$140,200 DESCRIPTION: On March 19, 2019, City Commission approved bid be awarded to Brenntag Mid-South,Inc.of Orlando,Florida. The initial bid term was for a period of one (1)year with the option to renew for three (3) additional one-year terms. The vendor has agreed to renew the Contract for the first one-year renewal option thru March 19, 2021. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT:Joseph Paterniti TERM:April 1, 2020 to March 31, 2021 SOURCE FOR PURCHASE: City Bid No. 013-2821-171JMA A CCO UNT NUMBER:401-2816-536-52-35 VENDOR(S): USP Technologies ANNUAL ESTIMATED EXPENDITURE: $100,000 DESCRIPTION: On February 21, 2017, City Commission approved a two-year Agreement with USP Technologies for Wastewater Odor Control Chemicals and Services. The Agreement allows for three (3) additional one-year renewal terms under the same prices, terms and conditions. USP Technologies has agreed to renew the Agreement for the second(2) additional one- year term. 3 7.B. Consent Bids And Purchase Over $100,000 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Award task order F-20-2020 Hester Center Restroom and Locker Room Renovations, part of Bid No. 018-2511-18/ITfor Minor Construction Services, and authorize the City Manager to issue a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the total amount of$155,717. Explanation of Request: On February 24, 2020, Facilities Management issued a task order# F-20-2020 for "Hester Center Restroom and Locker Room Renovations" with a Mandatory Site Inspection held on February 25, 2020 to review the project with the Minor Construction Services pool of vendors. The scope of the work is for the renovations of two (2) Men's and Women's restrooms, and the men and women's locker rooms at Ezell Hester Community Center. On March 4, 2020, Procurement Services received quotes from the Minor Construction Services pool of vendors. Based on the budget the lower Men's and Women's restrooms are being delayed to fiscal year 20-21. After reviewing the three (3) bid submittals, staff is recommended the project be awarded to Anzco, Inc. as the lowest, responsive, responsible bidder. 1. Anzco, Inc. $155,717 2. Republic Construction Corp $160,000 3. E&F Florida Enterprises $173,800 How will this affect city programs or services? The existing restrooms and locker rooms are outdated and with new programming of the facility it will offer a more comfortable environment for City staff and patrons. Fiscal Impact: Budgeted Budgeted funding is in CIP account#303-4209-572-63.05 Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: No Page 792 of 1023 Climate Action Discussion: Is this a grant? No Grant Amount: Contracts Vendor Name: Anzco Inc Start Date: 8/20/2018 End Date: 8/19/2022 Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description D Quotes Boynton Hester Restroorns and Lockers-Anzco D Quotes Boynton Hester Restroorns and Lockers-Creative D Quotes Boynton Hester Restroorns and Lockers-Republic Page 793 of 1023 01 wr � a-o m m m m m m m m •ru ro roam Z o mo o v s 'a 3 a v v �_ n mw �o ni m m w `t IZ 3 3��3 3 3 3 3 3 3 ' CL w — Fo 0 0 0 o0 0 b ^ n O — O V, _ w 3 7 o O ry = s = _ 'x CD D D ro ro m ro ro ro m m r n i v m a w a W a m '-71 rm o m m o� s n n r., cr C': � D.,u n.a i a'a a n O , o o n'n n. a sio Z = c aC ,(.= n m Ii.Dp II �m mw ia h+ O mos ;vv mx 3m G0 .-ro4 !'w,o7 a 'wv mo (:DT n Cana CL om3N r�O Na N y p ❑w o dz. 3 �!E o nm 0. 0 ❑ m O 3 mro m m ro00 a 3 = - n _' o o tl+. o3 3 C 7W O- =m wOti x r 1 av o_ q o ,3 ;4 D r� ,o C a yr 8 m M C) o€v w o m n5M o � a = O ,m 4 N �' 3 w — H w o = epi n uq U4 7 O y r1. 3 — O m o m D n o0 o m o on ro 6 ° m ro c n ° as e _m w n g oo ro 10.0 a_^. -. ➢ { va = z D — nr O(' o ro x.{ a 5 °° m "', p a .CS age a ^ n D' C o O w C m ev ID 6 _ @ w n. 3 ra 3 ® o a m � �o oa ao Kjos �; C7'( caOgn � �+ W ID d0. 0 O_ 0 v v ro o m r +w m z p D o ro :E o, ro m as � Ti �' rn O K 5 n m = m m � C ° moo Op m o f w ¢1 0 - -C rD 7.y€y rD Qy n �-• °i Z Z zr Q { f4 3 S tD W Z JZ) m n m 5, f - Page 794 of 1023 .r. :. .. _ 1....... . 1 ...3.®. .....a:::. s.... 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D_ b a O O t O Z � � 2 ® :13 � Ti m m vd m 41, In i r � 9 yu 4 L Page 800 of 1023 F-20.2020 HESTER CENTER RESTROOM AND LOCKER ROOM RENOVATION(1901 N.SEACREST BLVD) RFQ N0.018-2511-18/IT PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-BID FORM ITEM DESCRIPTION QTY UNIT 1 Grand Total Supply all labor,material,tools,equipment hardware,supplies,and supervision per the attached files, V (Job Site to picked up and clean for the duration of the project)Protect any city property for the duration 4tf 2 Jgao of the project. The contractor will need to order dumpsters through the City of Boynton Beach,call O (561)-742-6200 to make arrangements for delivery and pick-up. UPPER 1EVEL. Vit WEN RESTROOM IL PPOIEVEL..(:DRAWINGS 1THROUGH 5) pEMOLITION NOTES. Remove and dispose all hard lid ceilings Remove and dispose all toilet partitions Remove and dispose interior door and frame .... .. _...,::,,,, Remove and dispose counter and sink Remove and dispose all mirrors Remove and dispose all existing light fixtures Remove and dispose all HVAC grilles Remove and dispose all bath accessories including trash receptacles Remove and dispose all toilets GENERAL NOTES Rework plumbing to accommodate new floor layout Install new 2'x2'aluminum ceiling grid w/vinyl rock catling tiles(8'-2"AFF) Install new Corlan stone top (Contractor to provide color swatch)w/2 undermount sinks and cut out ?4 1 L5 for trash receptacle I Install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers){City Provided) Install new bathroom accessories in ADA stall to be install per ADA requirements(soap,toilet paper, i paper towel,and toilet seat dispensers){City provided) Install new under the sink trash receptacle install new 48"high mirror wall to wall Install 3 new ADA compliant toilets w/seats and seals Install new HDPE toilet partitions with ADA hardware(Contractor to provide color swatch) Install new 2'x4'low profile LED light fixtures In new ceiling grid ------------ __ All Life Safety devises to be extended and reinstalled in new ceiling grid. Install new HVAC grilles in new telling grid,rework/extend ductwork to connect to new grilles Paint all walls with 2 coats of Sherwin Williams"Stucco"color,seml-gloss finish Install new grab bar and mount per ADA specifications Install wall mounted baby changing station Steam clean all existing tile and grout and seal grout I IAI /t (ro 60 Page 801 of 1023 MENS RE.STRODM'UpPEtt(EVE4 ORAWIN. S'61-- OUjGH 9) $� ti DEMOLITION NOTES Remove and dispose all hard lid ceilings 1 Remove and dispose all toilet partitions l ...M ...,M, Remove and dispose interior door and frame Remove and dispose counter and sink Remove and dispose all mirrors Remove and dispose all existing light fixtures Remove and dispose all HVAC grilles Remove and dispose all bath accessories Ind udIng trash receptacles Remove and dispose all toilets and urinals GEN.p"AL NOTES_ �, .. , , ffi _ m G Rework plumbing to accommodate new floor layout ®� Install new 2x2 aluminum ceiling grid w/vinyl rock ceiling tiles(W-2"AFF) Install new Corian stone top (Contractorto provide calor swatch)w/2 undermount sinks and cut out for trash receptacle - 1 LS Install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers](City provided) a.. ., _ install new bathroom accessories in ADA stall to be install per ADA requirements(soap,toilet paper, l paper towel and toilet seat dispensers)(City provided) _ ' Install new under the sink trash receptacle Instal!new 48"high mirror wall to wall Instal!1 new ADA compliant toilets w/seats and seals Install new HDPE toilet partitions with ADA hardware(Contractor to provide color swatch) Install new 2'x4'low profile LED light fixtures in new ceiling grid All Life Safety devises to be extended and re-Installed in new ceiling grid Install new HVAC grilles in new ceiiing grid,rework/extend ductwork to connect to new grilles ' v� Paint all walls with 2 coats of Sherwin Williams"Stucco"calor,semi gloss finish m Install new grab bar and mount per ADA specifications install 2 new urinais i - Install wall mounted baby changing station Steam clean all existing tile and grout and seal grout 1 Page 802 of 1023 LO�l11ER LEVEL _ WdIV1ENStESTRQQM LOWER LEVEE.(DRAWING5,1{l 1HROUGH2 ,m DENtDL17tOh NOTES _ Remove and dispose all hard lid ceilings Remove and dispose all toilet partitions -. .. Remove and dispose counter and sink Remove and dispose all mirrors j Remove and dispose all existing light fixtures Remove and dispose all HVAC grilles I Remove and dispose all bath accessories including trash receptacles Remove and dispose all toilets 99YTIRAL NATE$ ,� e a Install new 2'x2'aluminum ceiling grid w/vinyl rock ceiling tiles J8'-2"AFF} Install new Corian stone top (Contractor to provide color swatch)w/undermount sink. LS 1 Install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers)(City provided) Install new bathroom accessories in ADA stall to be install per ADA requirements(soap,toilet paper, n. I,a pertowel,andtolletseat dls ensers)(Cityprovided) Install new 48"high mirror for the width of the counter top Install 3 new ADA compliant toilets w/seats and seals Install new HOPE toilet partitions with ADA hardware(Contractor to provide color swatch) Install new 2'x4'low profile LED light fixtures in new ceiling grid All Life Safety devises to be extended and re-installed In new ceiling grid. s �,. , � Install new HVAC grilles in new ceiling grid rework/extend ductwork to connect to new grilles Paint all walls with 2 coats of Sherwin Williams"Stucco"color,semi glass finish Install new grab bar and mount per ADA specifications Install wall mounted baby changing station Steam clean all existing tale and grout and seal grout i 1 h I f i Page 803 of 1023 I I �. MENS RES RROO-lM LOWER LEVEL(DRAWINGS 13 THROUGH 15):- Remove 5):- Remove and dispose alf hard lid ceilings ..... Remove and dispose all toilet partitions 1 Remove and dispose counter and sink move a Rend disose all mirrors ._ d.d.��,,, Remove and dispose all existing light fixtures Remove and dispose all HVAC grilles � Remove and dispose all bath accessories including trash receptacles I Remove and dispose all toilets i GEIUiEitALNOTES ..,xm, �,. .�,F.,,, Install new 2'x2'aluminum ceiling grid w/vinyl rock ceiling tiles(8'-2"AFF) Install new Corian stone tap (Contractor to provide color swatch)w/undermount sink Install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers)(City provided) 1 LS Install new bathroom accessories in ADA stall to be install per ADA requirements(soap,toilet paper, lfapertowel,and toilet seat dispensers){CI4 rovided) Install new 48"high mirror for the width of the countertop Install new wall mounted ADA sink _ Install new 48"high mirror in ADA stall Install 2 new ADA compliant toilets w/seats and seals Install new H DPE toilet partitions with ADA hardware(Contractor to provide color swatch) ' Install new 2'x4'low profile LED light fixtures in new ceiling grid All Life Safety devises to be-extend ed and reinstalled in new ceiling grid Install new HVAC grilles in new ceiling grid,rework/extend ductwork to connect to new grilles Paint all walls with 2 coats of Sherwin Williams"Stucco"color,semi-gloss finish Install new grab bar and mount per ADA specifications Install 1 new urinal Install wail mounted baby changing station Steam clean all existing tile and grout and seal grout I i I Page 804 of 1023 LOCKER ROOM 77n WPM-NS LOCKER ROOM (DRAWINGS 16 THROUGH,2i)N� $ - Remove and dispose all hard lid ceilings Remove and dispose all toilet partitions Remove and dispose of all lockers and locker bases Remove and dispose of all floor mounted bases ,.w Remove and dispose counter and sink E Remove and dispose of all shower mixing valves m Remove and dispose of all shower curtains _ „W Remove and dispose of all carpet Remove and dispose all mirrors Remove and dispose all existing light fixtures Remove and dispose all HVAC grilles Remove and dispose all bath accessories including trash receptacles } Remove and dispose all toilets �• i. GENERAL NOTE$ ( Install new 2'x2'aluminum ceiling grid w/vinyl rock ceiling tiles(8'-2 AFF) Install new Corian stone top (Contractor to provide color swatch)w/2 undermount sinks and cutout 3 for trash receptacle in toilet area Install new Corian stone top (Contractor to provide color swatch)in new make-up area,counter to be mounted 30"AFF with new 48"high wrap around mirror Install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers)(City 1 L5 provided) Install new bathroom accessories in ADA stall to be install per ADA requirements(soap,toilet paper, paper towel,and toilet seat dispensers]{C€ty provided) I Install new 48"high mirrorcornerto cornerin newto€let area Install new wall mounted ADA sink in toilet area 4vv. u�u�w. Install 1 new ADA compliant toilets w/seats and seals Install new HDPE toilet partitions with ADA hardware(Contractor to provide color swatch) Install new 2'x4'€ow profile LED light fixtures In new ceiling grid �m Install new hi-hat LED vapor proof lighting in make-up area All Life Safety devises to be extended and re-installed in new ceiling grid. install new HVAC grilles in new ceiling grid,rework/extend ductwork to connect to new grilles Paint all walls with 2 coats of Sherwin Williams Stucco"color,semi-gloss finish Install new grab bar in toilet area and mount per ADA specifications Install new heavy fabric shower curtains at all shower stalls Install new shower mixing valves Install new shower heads:Delta-7-Spray 4.9 in.Single Wall Mount Fixed Shower Head in Chrome Install new grab bars in shower stall �u Steam clean all existing tile and grout and seal grout Install new vinyl laminate flooring:Color:Innes Code VMAX 8371-9,20mi1 I Install new lockers(Picture attached) _, _..._. i 4 Page 805 of 1023 i i MENS LOCKER ROOM(DRAWINGS 22 THRQl1GH 27} v PEI4AQLITiON NOTES a . w,. Remove and dispose all hard lid ceilings Remove and dispose all toilet partitions Remove and dispose of all lockers and locker bases Remove and dispose of all floor mounted bases Remove and dispose counter and sink Remove and dispose of all shower mixing valves Remove and dispose of all shower curtains I Remove and dispose of all carpet Remove and dispose all murors Remove and dispose all exist ng light fixtures Remove and dispose all HVAC grilles Remove and dispose all bath accessories including trash receptacles I' Remove and dispose all toilets GENERAL NOTES.. ... Install new 2'x2'aluminum ceiling grid w/vinyl rock ceiling tiles(8'-2"AFF) Install new Corian stone top (Contractorto provide color swatch)w/2 undermount sinks and cut out for trash receptacle in toilet area € install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers)(City ¢ provided) Install new bathroom accessories in ADA stall to be install per ADA requirements{soap,toilet paper, 1 LS paper towel,and toilet seat dis ensers]{City provided) P install new 48"high mirror corner to corner in new toilet area Install new wall mounted ADA sink in toilet area Install 1 new ADA compliant toilets w/seats and seals Instal!new H DPE tollet partitions with ADA hardware(Contractor to provide color swatch) Install new 2'x4'low profile LED light fixtures in new ceiling grid Install new hi-hat LED vapor proof lighting in hot tub area AI!Life Safety devises to be extended and re-installed in new ceiling grid. Install new HVAC grilles in new ceiling grid,rework/extend ductwork to connect to new grilles Paint al[walls with 2 coats of Sherwin Williams"Stucco"color,semi-gloss finish M�.— �,.. Install new grab bar in toilet area and mount per ADA specifications Install new heavy fabric shower curtains at all shower stalls Install new shower mixing valves Install new shower heads Delta-7-Spray 4.9 in.Single Wall Mount Fixed Shower Head in Chrome Install new grab bars in shower stall Steam clean all existing tile and grout and seal grout Install new v1nyi laminate flooring:Color Innes Code VMAX-8371-9,20mi1 Install new hot tub[picture attached)with locking hd Install new lockers(Picture attached) WOMENS RESTROOM UPPER LEVEL(DRAWINGS 1 THROUGH 5) ..... MENS RESTROOM UPPER LEVEL(DRAWINGS 6THROUGH 9) . 9 Sacs, WOMENS RESTROOM LOWER LEVEL JQRAWINGS 10 THROUGH 12) MENS RESTROOM LOWER LEVEL(DRAWINGS 13 THROUGH 15) wC�L WOMENS LOCKER ROOM(DRAWINGS 16 THROUGH 21) $ ? ;,,,,, MENS LOCKER ROOM(DRAWINGS 22 THROUGH 27) — Total Bid Price 0--� r 1 r ---- TotalBid Price(in words)�W b,tTiJndfEGA c " (M21vC 1 otils a �IT F}�� GrCe.a�a�1�i CJ t erD -,77 r i da EC'.,-kir 1 1 jej 1,k. Name of Firm Submitting Bid Proposal (PRINT) �Lr & 1- r tC,�.jyL r Name of Person Submitting Bid Proposal (PRINT) -SS Name of Person Submitting Bid Proposal (SIGNATURE) DATE -3 Page 806 of 1023 I? l F-20.2020 HESTER CENTER RESTROOM AND LOCKER ROOM RENOVATION(1901 N.SEACREST BLVD) RFQ NO.018-2511-18/IT PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-BID FORM p ITEM ` DESCRIPTION QTY UNIT Grand Total Supply all labor,material,tools,equipment,hardware,supplies,and supervision per the attached files, (Job Site to picked up and clean For the duration of the project)Protect any city property for the duration of the project. The contractor will need to order dumpsters through the City of Boynton Beach,call {561)-742-6200 to make arrangements for delivery and pick-up. UPPER Wd Nsd ''.ROOM UPPER Lf Y9 (©RAW1NGS 1 THRQUGH 5) $3a,000.00 . _. DEMOLITION NOTES ' r eco Remove and dispose all hard lid ceilings Remove and dispose all toilet partitions Remove and dispose interior door and frame _ �m _ Remove and dispose counter and sink Remove and dispose all mirrors « ,nY __,rtuM,,,R,,,,.. ... i Remove and dispose all existing light fixtures _Remove and dispose all HVAC grilles ( ! Remove and dispose all bath accessories including trash receptacles Remove and dispose all toilets GEA Mt..NOTES a Rework plumbing to accommodate new floor layout Install new 2'x2'aluminum ceiling grid w/vinyl rock ceiling tiles(8'-2"AFF) Install new Corian stone top (Contractor to provide color swatch)w/2 undermount sinks and cut out 1 LS for trash receptacle Install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers)(City mrovide4 r Install new bathroom accessories in ADA stall to be install per ADA requirements(soap,toilet paper, ) ;)aper towel,and toilet seat disnensers)(Caly provided) Install new under the sink trash receptacle f Install new 48"high mirror wall to wail Install 3 new ADA compliant toilets w/seats and seals m m.� t Install new HDPE toilet partitions with ADA hardware(Contractor to provide color swatch) me f All Life Safety devises to be extended and re installed in new ceiling grid i Install new HVAC grilles in new ceiling grid rework/extend ductwork to connect to new grilles Paint all walls with 2 coats of Sherwin Williams"Stucco"color,semi-gloss finish install new grab bar and mount per ADA specifications Install wall mounted baby changing station Steam clean all existing the and grout and seal grout ... ( ( ( ) Page 807 of 101 { t m MENS RI:5TROOIVI UPI°I"R LEVEL(DRAWINGS°5 THROUGH 9) .. $32,000.gO DEMOLITION MMES Remove and dispose all hard lid ceilings f Remove and dispose all toilet partitions Remove and dispose interior door and frame Remove and dispose counter and sink Remove and dispose all mirrors Remove and dispose all existing light fixtures a........_.._n Remove and dispose all HVAC grilles Remove and dispose all bath accessories including trash receptacles Remove and dispose all toilets and urinals GENERAL NOTES Rework plumbing to accommodate new floor layout Install new 2'x2'aluminum ceiling grid w/vinyl rock ceiling tiles(8'-2"AFF) Install new Corlan stone top (Contractor to provide color swatch)w/2 undermount sinks and cut out for trash receiJtacle 3 LS Install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers)(City 1--provided) Install new bathroom accessories In ADA stall to be install per ADA requirements(soap,tollet paper, y papertowel and toilet seat dispensers)iCiq provided) k Install new under the sink trash receptacle j Install new 48"high mirror wall to wall m__._________ _---- n, , Install 1 new ADA compliant toilets w/seats and seals Install new HDPE toilet partitions with ADA hardware(Contractor to provide colorswatch) Install new 2'x4'low profile LED light fixtures in new ceiling grid All Life Safety devises to be extended and re-installed in new ceiling grid Install new HVAC grilles in new ceiling grid rework/extend ductwork to connect to new grilles �uu------------- Pa Int - ---aPaint all walls with 2 coats of Sherwin Williams Stucco color,semi gloss finish Install new grab bar and mount per AOA specifications -- - Install 2 new urinals Install wall mounted baby changing station Steam clean all existing the and grout and seal grout e f ) ( i i a f r s 4 3 n W Page 808 of 1023 4 . LL LOWER LEVEL I'WOM STRQpM LOWER,LEVEL..[DRAWINGS..IOTHROUGH 121. Szz,000:oo .... . DEMOLmON NOTES Remove and dispose all hard lid ceilings Remove and dispose all toilet partitions Remove and dispose counter and sink Remove and dispose all mirrors Remove and dispose all existing light fixtures a Remove and dispose all HVAC grilles .. .. —... p receptacles Remove and dispose all hath accessories including trash _ Remove and dispose all toilets ) GENERAL NO7E5 Install new 2 x2'alumni um ceiling grid w/vinyl rock ceiling tiles(8 2"AFF) w .. Install new Corlan stone top (Contractor to provide color swatch)w/undermount sink. wwM_..o 1 LS Install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers)(City provided) install new bathroom accessories in ADA stall to be install per ADA requirements(soap,toilet paper, paper towel,andtoilet seat dis�iensers provided) ' �aHCftY P ) Install new 48"high mirror for the width of the counter top a Install 3 new ADA compliant toilets w/seats and seals g Install new HDPE collet partitlons with ADA hardware(Contractor to provide color swatch) 1, Install new 2'x4'low profile LED fight fixtures in new ceiling gfid ) All Life Safety devises to be extended and re-Installed in new ceiling grid Install new HVAC grilles in new ceiling grid,rework/extend ductwork to connect to new grilles Paint all walls with 2 coats of Sherwin Williams"Stucco"color,semi-gloss finish i Install new grab bar and mount per ADA specifications Install wall mounted baby changing station m: Steam clean all existing tile and grout and seal groat ) 5 4 i$ f a 9 r e 3 r i s ( ( i ( k 5 8 Yn ll A Page 809 of 1023 d MANS RESROOM:I,QWER i.EVEL(�RQININGS 13 THROUGH �5) as,oaoo� DEMOLITEOIV NOTES Remove and dispose all hard lid ceilings c Remove and dispose all toilet)Pa Remove and dispose counter and sink Remove and dispose all mirrors Remove and illspose aA existing Id g ht fixtures Remove and dispose all HVAC grilles Remove and dispose all bath accessories including trash receptacles Remove and dispose all toilets %UUM, Install new 2'x2'aluminum ceiling grid w/vinyl rock ceiling tiles(8 2 AFF) Install new Cordan stone top (Contractor to provide color swatch)w/undermount sink ,,,,,., �...._.. ._..... Install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers)(City providedS 1 LS Install new bathroom accessories in ADA stall to be install per ADA requirements{soap,toilet paper, }a ertowel and toilet seat disoensersp(Cdorprovided) Install new 48"high mirror for the width of the counter top Insta""it new wall mounted ADA sink lnstalE new 48"high mirror in ADA stall Install 2 new ADA compliant toilets w/seats and seals Install new HDPE toilet partitions with ADA hardware(Contractor to provide color swatch) install new 2'x4'low profile LED light fixtures in new ceiling grid All Life Safety devises to be extended and re installed in new ceiling grid. Install new HVAC grilles in new ceiling grid,rework/extend ductwork to connect to new grilles r Paint all walls with 2 coats of Sherwin Williams"Stucco"color,semigloss finish ......_. w� Install new grab bar and mount per ADA specifications 9 Install 1 new urinal Install wall mounted baby changing station _. ®.. _ ._ . .._ee_......_.. e Steam clean all existing file and grout and seal grout 1 E. r ( ( a k g� y]3 8 gt 5 B Page 810 of 102 F i LQCKER ROOM WOMENS i.00KER ROOM...(pM0'NGS; 6 THROUGH:21� = S�aooa.oa DEMOLITION NOTES IT„Remove and dispose all hard lid ceilings i Remove and dispose all toilet partitions Remove and dispose of all lockers and locker bases Remove and dispose of all floor mounted bases _. ...... _ _ .. Remove and dispose counter and sink Remove and dispose of all shower mixing valves Remove and dispose of all shower curtains .. .... .e_...®.....__.®.�.._.e..__..,.e.....____..,...____.®.__....._,,,,,,,, ..._.�.... ....r. ........ .. _.. E Remove and dispose of all carpet Remove and dispose all mirrors s Remove and dispose all existing light fixtures Remove and dispose all HVAC grilles Remove and dispose all bath accessories Including trash receptacles Remove and dispose all toilets ®� [ GENERAL NOTES Install new 2'x2'aluminum ceiling grid w/vinyl rock ceiling tiles(8%2”AFF) Install new rece receptacle stone e top (Contractor to provide color swatch)w/2 undermount sinks and cutout for trash ilet rea Install new Corlan stone top (Contractor to provide color swatch)in new make-up area,counter to be mounted 30"AFF with new 48"high wrap around mirror �. Install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers)(City 1 LS t provided install new bathroom accessories in AOA stall to be install per ADA requirements(soap,toilet paper, gaper towel,and toilet seat dlsljensersXCit„provided®!_ u„ �.. _. .�... ..... Install new 48”high mirror corner to corner in new toilet area install new wall mounted ADA sink in toilet area ! Install 1 new ADA compliant toilets w/seats and seals Install new HDPE toilet partitions w€th ADA hardware(Contractor to provide color swatch) Install new 2'x4'low profile LED light fixtures In new ceRing grid r Install new hi hat LED vapor proof lighting m make-up area ...T.n All Life Safety devises to be extended and re-installed In new ceiling grid. 3 . .........._._..._ s _..... Install new HVAC grilles In new ceiling grid,rework/extend ductwork to connect to new grilles Paint all walls with 2 coats of Sherwin Wiillams"Stucco"color,semigloss finish Install new grab bar In toilet area and mount per ADA specifications Install new heavy fabric shower curtains at all shower stalls Install new shower mixing valves ' Install new shower heads:Delta-7-Spray 4.9 in.Single Wall Mount Fixed Shower Head in Chrome Install new grab bars in shower stall cI - Steam clean aalll existing the and rout and seal rout install new vinyl laminate floor)g:Color:Innes,Code VMAX-83719,2 n Install new lockers(Picture attached) a ( ( f ( f ( 5 S Page 811 of 103 MENS LOCKER ROOM (DRAWINGS 22 THROUGH 27) Ssg,000.ao QEMOL!TION NOTES -. ....... Remov e and dispose all hard lid ceilings -.__. .......m......... ........... . Remove and dispose all toilet partitions Remove and dispose of all lockers and locker bases Remove and dispose of all floor mounted bases Remove and dispose counter and sink I _n..... Remove and dispose of all shower mixing valves Remove and dispose of all shower curtains Remove and dispose of all carpet Remove and dispose all mirrors .._ _.._.._.............................. Remove and dispose all existing light fixtures _.._......, _ .......Y._...... .._ I Remove and dispose all HVAC grilles Remove and dispose all bath accessories including trash receptacles i _ .. _.m.. Remove and dispose all toilets GEN,ERAL,NOTES ° Install new 2'x2'aluminum ceiling grid w/vinyl rock ceiling tiles(8'-2"AFF) �_._...........-- _.... _ ._........-.-. �.-_-.... Install new Corian stone top (Contractor to provide color swatch)w/2 undermount sinks and cut out for trash receptacle in toilet area Install new bathroom accessories(soap,toilet paper,paper towel,and toilet seat dispensers)(City )rovided) Install new bathroom accessories in ADA stall to be install per ADA requirements(soap,toilet paper, 1 LS paper towel,and toilet seat dispensers)(City provided) _.. .......... - _a..........._....,-.-__-.-. _.. _. Install new 48"high mirror corner to corner in new toilet area ._.._.. _-,.,....... .,.._._. _ Install new wall mounted ADA sink in toilet area - w Install 1 new ADA complianttoilets w/seats and seals Install new HDPE toilet partitions with ADA hardware(Contractor to provide color swatch) Install new 2'x4'low profile LED light fixtures in new ceiling grid __ ...... .... .. Install new hi-hat LED vapor proof lighting in hot tub area _ _. All Life Safety devises to be extended and re-installed in new ceiling grid install new HVAC grilles in new ceiling grid rework/extend ductwork to connect to new grilles Paint all walls with 2 coats of Sherwin Williams"Stucco"color,semi-gloss finish Install new grab bar in toilet area and mount per ADA speciflcations Install new heavy fabric shower curtains at all shower stalls I Install new shower mixing valves _..-... ...._........ Install new shower heads:Delta-7-Spray 4.9 in.Single Wali Mount Fixed Shower Head in Chrome ®.._.____m_..____.m.......... ........... . _... Install new grab bars in shower stall Steam clean all existing tile and grout and seal grout a i install new vinyl laminate flooring Calor Innes,Code:VMAX-8371-9,20mil Install new hot tub(picture attached)with locking lid Install new lockers(Picture attached) WOMENS RESTROOM UPPER LEVEL(DRAWINGS 1 THROUGH 5) $34,000.00 MENS RESTROOM UPPER LEVEL(DRAWINGS 6 THROUGH 9) $31,000.00 WOMENS RESTROOM LOWER LEVEL(DRAWINGS 10 THROUGH 12) $22,000.00 MENS RESTROOM LOWER LEVEL{DRAWINGS 13 THROUGH 15) $38,000.00 WOMENS LOCKER ROOM(DRAWINGS 16 THROUGH 21) $44,000.00 MENS LOCKER ROOM(DRAWINGS 22 THROUGH 27) $51,000.00 Total Bid Price $220,000.00 Total Bid Price(in words):Two Hundred twenty thousand dollars&00/100 Name of Firm Submitting Bid Proposal (PRINT) Republic Construction Corp Name of Person Submitting Bid Proposal (PRINT)Steven Neubart a Name of Person Submitting Bid Proposat (SIGNATURE) DATE 3/4/2020 Page 812 of 1023 N 0 o� N r - o y � N ® G C � N W v G N E W W d N 6 I' i � N 7 � E G � N O G 9 N 1^ � SA C/1 —r_ C CD O O O Q O O Q j O — O N c c c C N _l O n O v m N N N Ov, w �q N n n N -_ -_ v1 M m m m v -0 m - o w m a, m m m Q 3 o a v `n F A F� i H F L 0 0 0 0 0 0 0 N N o O � O N CN O N ri 00 Ln O N N L(1 O N 61 O a1 .--I N M \ \ —i N 00 O _ ci N Ol N M O N W N W0 :3 :3 �a O (v Q) in H H H LE H I-- m a c E ® 1A Vf V1 H VF VI N ul U1 Vf V1 V1 G1 � 7 F � � :. N m m m A 0 � m t0 f6 f4 (6 f6 fa la [6 (O f0 f0 f0 ci —i Ln vl M M Ln �T M tT N N M .a Z _ E F cn vi a a .Q I v v Ncu L N 1A Q O C y tp g s Q -0 a v n �_ fO CL W O dA Y C � y a"� U aj \ z u 1] .� d j .0 aY D_ Y a1 s M a-+ O W ? — W u - U m z v o u a U ° LL- LA � O N N M r Ln en I c h r Page 813 of 1023 8.A. PUBLIC HEARING 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Proposed Ordinance No. 20-005 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). (The applicant has requested to continue this agenda item to the April 7, 2020 Commission Meeting.) Proposed Ordinance No. 20-006 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-2 Single- and Two Family Residential District to C-2 Neighborhood Commercial District(The applicant has requested to continue this agenda item to the April 7, 2020 Commission Meeting.) Explanation of Request: The subject 1.05-acre property consists of three parcels, assembled for the proposed redevelopment of the existing 7-Eleven convenience store and the addition of gasoline pumps. The existing store occupies the largest of the three parcels, facing Woolbright Road. The two other parcels, both currently developed with duplexes, front on SW 14th Ave. Along with all the lots on the north side of Woolbright Rd between SW 1St Street and the FEC tracks, the existing convenience store property carries Local Retail Commercial (LRC) future land use (FLU) and C-2, Neighborhood Commercial zoning. To accommodate the proposed project, the applicant is requesting a future land use map (FLUM) amendment and rezoning, which would extend the LRC classification and C-2 zoning to the two duplex parcels in the northern section of the assembly. The subject parcels are currently under two different residential FLU classifications—Low Density Residential (LDR) and Medium Density Residential (MDR). While the MDR-classified parcel on the corner of Seacrest Blvd. and SW 14 Ave. is appropriately zoned R-2, Single- and Two Family Residential District, the LDR-classified parcel to the west has split zoning —part of it is zoned R-2, and the other part R-1-A, Single-Family. Only the latter zoning district is consistent with the LDR future land use classification. The request for the FLUM amendment and rezoning is being processed concurrently with the applications for the Major Site Plan Modification (MSPM) and Conditional Use (COUS). Conditional use approval is required for the proposed addition of the gas station (see the corresponding staff report). If the subject request is approved and the C-2 commercial zoning is extended from the 7-Eleven property through the block to SW 14th Ave, the project will abut a duplex to the west, and face single-family properties across SW 14th Ave. Staff has impressed the importance of appropriate buffering, and the applicant has responded accordingly in the site plan and landscape design as detailed in the COUS/MSPM staff report. Note that landscape buffering and screening regulations for commercial properties were not on the books in 1960 when the current structure was built. The assembly of the two parcels with the existing site will facilitate compliance with the current land development regulations. The expansion of the site will also offset the impact of the Palm Beach County-determined need for the dedication of 30 feet of the property along Woolbright Rd. for a future widening of the roadway. The proposed extension of commercial zoning in the subject area is warranted by the current and anticipated Page 814 of 1023 intensification of redevelopment activities on and near intersections of Seacrest Blvd/ Boynton Beach Blvd and Woolbright Rd/ US 1, and the resultant increase in population and traffic. Eventually, redevelopment is likely to expand west along the northern side of Woolbright Rd. to SW 1St Street, eventually encompassing the block between the Woolbright Rd. corridor and SW 14th Avenue. The Planning & Development Board reviewed this item at their February 25, 2020 meeting and forwards it with a recommendation of denial. How will this affect city programs or services? No significant impact on either programs or services. Fiscal Impact: I ncrease of 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 Staff Report Staff Report Location IVAap E7ibit A. Location IVAap Exhibit EXHIBIT B1. 7-Eleven 101 W. Woolbright Rd current FLU Exhibit EXHIBIT B2. 7-Eleven 101 W. Woolbright Rd proposed FLU Exhibit EXHIBIT C1, 7-Eleven 101 W. Woolbright Rd current zoning Exhibit EXHIBIT C2, 7-Eleven 101 W. Woolbright proposed zoning Page 815 of 1023 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-037 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: February 7, 2020 PROJECT: 7-Eleven 101 W. Woolbright Rd LUAR 20-001 REQUEST: Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC), and rezoning from R-1-A Single Family Residential District and R-2 Single-and Two Family Residential District to C-2 Neighborhood Commercial District. PROJECT DESCRIPTION Property Owner: Southland Corp Tax Dept#10391 Applicant: Shane Laakso, Creighton Development Agent: Michael Amodio, KEITH Location: Noorthwest corner of W. Woolbright Rd and S. Seacrest Blvd (see Exhibit "A") Existing Land Use: Low Density and Medium Density Residential (LDR and MDR), and Local Retail Commercial (LRC) Proposed Land Use: Local Retail Commercial (LRC) Existing Zoning: R-1-A Single Family Residential District, R-2 Single- and Two Family Residential District, and C-2 Neighborhood Commercial Proposed Zoning: C-2 Neighborhood Commercial Acreage: 1.05 acre Page 816 of 1023 Page 2 7-Eleven 101 W Woolbright LUAR 20-001 Proposed Use: Convenience store and a gasoline station Adjacent Uses: North: Right-of-way for SW 14th Ave; farther north vacant residential property and two developed single-family homes, classified Low Density and Medium Density Residential (LDR and MDR), and zoned R-1-A Single Family Residential District and R-2 Single- and Two Family Residential District; South: Right-of-way for Woolbright Rd; farther south Boynton Beach Memorial Park and Mausoleum, classified Public and Private Governmental/Institutional (PPGI) and zoned PU, Public Usage; East: Right-of-way for Seacrest Blvd; farther east Shell gasoline station, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial, and, to the northeast, a developed duplex, classified Medium Density Residential (MDR) and zoned R-2 Single- and Two Family Residential District; and West: A developed commercial (office) property, then Woolbright Farmers Market, both classified Local Retail Commercial (LRC) and zoned C-2, Community Commercial. BACKGROUND The subject 1.05 acre property consists of three parcels, assembled for the proposed redevelopment of the existing 7-Eleven convenience store with an addition of the gasoline station. The store occupies the largest of the three parcels, facing Woolbright Road. The two other parcels, both currently developed with duplexes, front on SW 14th Ave. Along with all the lots on the north side of Woolbright Rd between SW 1St Street and the FEC tracks, the existing convenience store property carries Retail Commercial (LRC) future land use (FLU) and C-2, Neighborhood Commercial zoning. To accommodate the proposed project, the applicant is requesting a future land use map (FLUM) amendment and rezoning, which would extend the LRC classification and C-2 zoning to the two duplex parcels in the northern section of the assembly. The subject parcels are currently under two different residential FLU classifications—Low Density Residential (LDR) and Medium Density Residential (MDR). While the MDR-classified parcel on the corner of Seacrest Blvd and SW 14 Ave is appropriately zoned R-2, Single- and Two Family Residential District, the LDR-classified parcel to the west has split zoning—part of it is zoned R-2, and the other part R-1-A, Single-Family. Only the latter zoning district is consistent with LDR land use classification. Note that the City has a number of parcels with split zoning. This situation may have been 2 Page 817 of 1023 Page 3 7-Eleven 101 W Woolbright LUAR 20-001 created in the past through planned area-wide rezonings or through subdivision of properties. The request for the FLUM amendment and rezoning is being processed concurrently with the applications for the Major Site Plan Modification (MSPM) and the Conditional Use (COUS), required for the proposed addition of the gas station (see the corresponding staff report). 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 2.13 and Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. As per the Land Development Regulations, the intent of the C-2 conventional zoning district is to "allow low-intensity commercial uses of a retail convenience that are intended to serve and which are in close proximity to individual residential neighborhoods. Generally, the desired locations of these commercial areas would be at the periphery of one (1) or more neighborhoods along roadway classifications that are able to support the additional traffic". The location of the project to be supported by the proposed FLU amendment and rezoning—the intersection of Woolbright Rd, a busy arterial, and Seacrest Blvd, a busy collector—meets these criteria. The area population is growing and the traffic volume on both roadways is projected to increase considerably, amplifying demand for convenience retail. For example, according to the the Palm Beach County 2045 Long Range Transportation Plan, annual growth rates of Woolbright Rd eastbound traffic and Seacrest Blvd northbound traffic at the subject intersection are expected to be 1.24% and 1.4%, respectively. In the short term, the drivers of the growth will be the incoming projects of Riverwalk Plaza and Town Square; on the long term, continuous redevelopment on the US1/Woolbright intersection, spillout redevelopment around Town Square and the potential expansion of Bethesda Hospital will all have a significant impact. Ongoing market trends also support the request. According to new data from retail analytics platform Edge by Ascential's Retail Market Monitor, discount and convenience stores in the U.S. are projected to grow faster than all other offline retail channels over the next five years, reflecting consumers' increased focus on price and speed, even if it means more limited assortment. Non-food discount, food discount and covenience stores are all projected for annual growth rates above 5 percent, whereas all other offline retailers, aside from membership club stores, are projected at annual growth rates of 3 percent or below. However, there is an increased competition between convenience 3 Page 818 of 1023 Page 4 7-Eleven 101 W Woolbright LUAR 20-001 stores and other retailers, offering immediacy, convenience, and a fast response to changing consumer tastes. The competitors now include online retailers and delivery services, meeting consumer demands for previously fulfilled primarily by convenience stores. All the above factors are behind the need to transform the property into a modern commercial site. The addition of the two parcels to the existing site may be also deemed warranted by the necessity to meet current commercial land development regulations, such as landscape buffering and screening, that were not on the books in 1960 when the current structure was built. The expansion of the project to the subject parcels will also offset the impact of the Palm Beach County-determined need for the dedication of 30 feet of the property along Woolbright Rd for a future widening of the roadway. 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. Currenly, there is no redevelopment plan for the section of Woolbright Rd west of the FEC tracks. However, the proposed FLU amendment and rezoning can be deem consistent with the general intent of the policies of the Comprehensive Plan's Future Land Use Element which, particularly in recent years, brought a post-great recession focus on economic development and on commercial uses as goods/services providers and job generators: Objective 1.17 The City shall pursue economic development opportunities to support a competitive and diversified economy, and a good quality of life for residents. Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends.; and Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. 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. 4 Page 819 of 1023 Page 5 7-Eleven 101 W Woolbright LUAR 20-001 The proposed FLUM amendment and rezoning would not create an isolated district. As noted in the "Background" section of this report, the existing convenience store property and all lots on the north side of Woolbright Rd between SW 1 st Street and the FEC tracks carry Retail Commercial (LRC)future land use (FLU) and C-2, Neighborhood Commercial zoning. Of these lots west of Seacrest Blvd to SW 1St Street, one is developed with an office use, while the remaining ones are occupied by the Woolbright Farmers Market and the existing 7-Eleven store. The adjacent lots to the north—facing SW 14th Ave—have a single-family R-1-A zoning, except the property on the corner of Seacrest Blvd and SW 14th Ave, and part of its neighboring lot which are under the R-2 zoning. Note that out of the six lots with the R-1-A zoning, four are developed with duplexes, a nonconforming use in this zoning district. One of the two single-family homes is owned by a real estate investment firm. If the subject request is approved and the neighborhood commercial zoning of C-2 is extended from the 7-Eleven property through the block to SW 14th Ave, the project will abut a duplex to the west, and face single-family properties across SW 14th Ave. Appropriate landscape buffering as well as access will be important considerations in minimizing its adverse impact. Staff has impressed the importance of appropriate buffering, and the applicant has responded accordingly in the site plan and landscape design (see the corresponding COUS/MSPM staff report). Given the development activities on and near intersections of Seacrest Blvd/ Boynton Beach Blvd and Woolbright Rd/ US 1 and the resultant increase in population and traffic, redevelopment is likely to expand west along the northern side of Woolbright Rd to SW 1St Street, eventually encompassing the block between the Woolbright corridor and SW 14th Ave. 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. Interconnectivity will be improved with the addition of pedestrian access from the neighborhood to the north and west. The Palm Tran bus route along Seacrest Blvd ensures access to public transportation, with an improved bus stop. The site plan provides for several sustainable elements of the project (see the corresponding COUS/MSPM staff report). e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. 5 Page 820 of 1023 Page 6 7-Eleven 101 W Woolbright LUAR 20-001 So/id Waste. Per the annual assessment issued on January 8, 2019, the Palm Beach County Solid Waste Authority (SWA) determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2049. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact is reviewed as part of the site plan. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See response to criterum "c." The LRC future land use and the neighborhood commercial zoning of C-2 requested for the northern section of the proposed expansion of the 7- Eleven property match the current designations of the existing store and all lots facing the north side of Woolbright Rd between SW 1St Street and the FEC tracks. The latter are currently developped with office and retail uses. The requested FLU and zoning district may also match and support the future land uses of the adjacent and nearby properties. Given the development activities on and near the intersections of Seacrest Blvd/ Boynton Beach Blvd and Woolbright Rd/ US 1 and the resultant increase in population and traffic, redevelopment is likely to expand west along the northern side of Woolbright Rd to SW 1St Street, eventually encompassing the block between the Woolbright corridor and SW 14th Ave. If the subject request is approved, the project will abut a duplex to the west and face single-family properties across SW 14th Ave. Appropriate screening and other compatibility-enhancing features as well as the overall improvement of the property would likely prevent the negative impact on the nearby residential property values. The proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood; arguably, it is also consistent with the current development trends along the Woolbright corridor. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic 6 Page 821 of 1023 Page 7 7-Eleven 101 W Woolbright LUAR 20-001 Development Program, but also determine whether the proposal would.- (1) ould.(1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The answer to both questions is "no." The reclassification and rezoning from residential to commercial designation increase the amount of land generating economic development benefits. h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. See response to the previous criterion "g." The subject reclassification and rezoning increases the amount of land available for 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. Since the request pertain to expansion of the existing project, criterion "i" does not apply. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that they satisfy the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\7-Eleven 101 W.Wool bright\LUAR 20-001\LUAR 20-001 7-Eleven 101 W Woolbright Staff Report.docx 7 Page 822 of 1023 EXHIBIT A LOCATION MAP SITE I a � 7 U, t his� �" ,• �r_ - - i t} � 4� 1% � (,u'1 fty� �i) ty� .. 1 S 1 ) S; / t •.5p J �,,yytl�� y,t11s1`wJ ,'S f�� -.,'.v_1 r S� r - i � - �� y �S)t� Usk � •�� i 'N�� h 1-.- -_ r } 6 h i sV �. r1r�t's�+kiMPt - �t �� jt��.� r`£,,-`� sr s rJ�'r t t�`;sig t?! Y° - s� \ t tt Mkt t �: c, '.�N Vit, P�s�� `•.-1�4 n 1 w t(�� t Page 823 of 1023 EXHIBIT B1 CURRENT FLU CLASSIFICATIONS s r IILDR }}�,�}''A�eii, � f, i l MDR ( {(. f 2 S r. 3 { 2 r f _ a a J J ( � _ t s 1 � r _ z r f: t — s. 1ns11 ilii < i +s - i c}��EI+`,'4�.2� ll s:, $ �'��^�� `�,`��...} �"•,t`4 r;}'"1� {ri�+t f r_us4141 �}by;s-�"ttg�� ?3��'{t{ mrrt�i-ea� evtc iii � ,v "� s��:, k 3 `�t'( � - - = _ 1 f� + t , Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre : { MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) q( 1 1 ' PUBLIC& PRIVATE GOVERNMENTAL/INSTITUTIONAL Page 824 of 1023 EXHIBIT B2 PROPOSED FLU CLASSIFICATIONS SW 19th Ave --SE-14th-Ave- ,is SE 19th Aves "��\\ d IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII LRC A " d .. w N W Woolbright Rd Legend « , �,,, o� .>.,. 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'i !. Page 827 of 1023 8.B. PUBLIC HEARING 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Approve request for Conditional Use and Major Site Plan Modification (COUS 20-002/ MSPM 20-002) for Southland Corp Tax Dept#1039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six(6) pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. (The applicant has requested to continue this agenda item to the April 7, 2020 Commission Meeting.) Explanation of Request: The project consists of the unification of one (1) commercial property to the south currently developed with an outdated, single-story building and two (2) residential properties to the north currently developed with two (2) single-story duplex buildings, to result in a total of 1.05 acres. The principal building on the commercial property is currently occupied by a old 24-hour 7-Eleven Convenience Store with varying non-conformities with current Land Development Regulations. The applicant proposes to redevelop the property with a new and updated 24-hour 3,454 sq. ft. 7-Eleven convenience store and gas station. The Gas Station use requires Conditional Use approval, which is being processed concurrently with the request for Major Site Plan Modification, as well as Land Use Map Amendment and Rezoning of the two (2) residential properties to the north. The Planning and Development Board at the meeting of February 25, 2020 recommended denial of the project with a 4-3 vote. 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: Climate Action Discussion: N/A Page 828 of 1023 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location I\Aap EXHIBITA, 7-Eleven Location I\Aap D Drawings EXHIBIT E. Project Drawings D Addendum EXHIBIT C, Conditional Use Justification D Development Order Development Order Page 829 of 1023 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-003 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Luis Bencosme Planner II DATE: February 10, 2020 PROJECT NAME: 7-Eleven 101 W Woolbright Rd COUS 20-001 / MSPM 20-002 REQUEST: Approve request for Conditional Use and Major Site Plan Modification (COUS 20-001 / MSPM 20-002) for Southland Corp Tax Dept #10391, to allow a 3,454 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six (6) pump stations, and related site amenities and improvements, on a 1.05 acre parcel, located at 101 W. Woolbright Road, in a C-2 (Neighborhood Commercial) zoning district. Applicant: Shane Laakso, Creighton Development. PROJECT DESCRIPTION Applicant: Shane Laakso, Creighton Development Property Owner: Southland Corp Tax Dept#10391 Agent: Michael Amodio, Keith Location: 101 W. Woolbright Road Existing Land Use/Zoning: Local Retail Commercial (LRC), Low Density Residential (LDR) and Medium Density Residential (MEDR) / Neighborhood Commercial (C-2), Single-Family Residential (R-1A) and Single- Family and Two-Family Residential (R-2) Proposed Land Use/Zoning: Local Retail Commercial (LRC) / Neighborhood Commercial (C-2) Proposed Uses: Gas Station with convenience store Acreage: 1.05 Acres Page 830 of 1023 7-Eleven COUS 20-001 /MSPM 20-002 Page 2 Adjacent Uses: North: Right-of-way of SW 14th Avenue; further north developed single- family property classified as Low Density Residential (LDR) and zoned R1A (Single-Family), and two-family residential property classified as Medium Density Residential (MEDR) and zoned R2 (Single-Family and Two-Family Residential). South: Right-of-way of W. Woolbright Road; farther south, developed cemetery (Boynton Beach Memorial Park), classified as Public and Private Governmental/ Institutional (PPGI) and zoned PU (Public Usage); East: Developed single-tenant commercial property (Shell Gas station and convenience store), classified as Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial); and West: Developed multi-tenant commercial property, classified as Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial). PROPERTY OWNER NOTIFICATION Owners of properties within 400 ft. of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage has been posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL The project consists of the unification of 1 commercial property to the south and 2 residential properties to the north, a total of 1.05 acres, in order to expand the commercial property and redevelop it with a new and updated 24-hour 3,454 sq. ft. convenience store and a 3,096 sq. ft. gas station canopy composed of 6 pump stations. The existing commercial property currently has an existing 24-hour 7-Eleven convenience store building that is to be demolished. The applicant has submitted applications for Conditional Use and Major Site Plan Modification, which are being processed concurrently with the Land Use Map Amendment and Rezoning. The gas station use requires Conditional Use approval, and the two residential parcels to the north proposed to be incorporated into the development plan, require changes to their Land Use classification and Zoning designation. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform to. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In Page 831 of 1023 7-Eleven COUS 20-001 /MSPM 20-002 Page 3 addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit"C" —Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses that are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Currently the subject property does not have safe and functional primary points of ingress/egress and efficient traffic flow and control due to its outdated parking lot design and lack of vehicular traffic control markings. The driveway on the east side of the property is excessively wide as it extends nearly the entire length of the east property line and is too close to the intersection. The driveway is used by motorists to access 4 back-out parking spaces located on the east side of the building, which are not conforming to current off- street parking lot standards or ideal for efficient, convenient and safe traffic circulation. Furthermore, the property has two additional driveways on the south side. One of the driveways is also excessively wide and dangerously close to the intersection, which can result in vehicular movement conflicts entering or exiting the site. According to the new Site Plan, the applicant proposes to reduce the amount and overall width of the driveway openings along W. Woolbright Road from 2 two-way driveways to 1 two-way driveway 35 feet in width, as well as reduce the width of the two-way driveway opening along S. Seacrest Boulevard to 25 feet. Both driveways have been proposed further away from the intersection to enhance the safety of motorists entering and exiting the site. Additionally, 2 two-way drive aisles with clear vehicular traffic control markings have been proposed throughout the site to ensure safety and efficient vehicular traffic control, flow and circulation. The site has existing sidewalks along both S. Seacrest Boulevard and W. Woolbright Road. Sufficient pedestrian access to the site is proposed on the northeast side of the property with the construction of a new walkway leading from the existing sidewalk along S. Seacrest Boulevard and connecting directly to the convenience store entry doors, as well as a new walkway leading from the existing sidewalk along SW 14th Avenue and leading to the store entrance. The convenience store is lined with walkways with a covered bike rack proposed near the building entrance on the east side of the building. 2. Off-street parking and loading areas where required, with particular attention to the items in standard#1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Page 832 of 1023 7-Eleven COUS 20-001 /MSPM 20-002 Page 4 The minimum parking spaces required for gas stations is calculated at 1 parking space per 250 sq. ft. of gross floor area. The proposed gas station would be required to provide a total of 13 standard parking spaces and 1 accessible parking space as the size of the proposed principal building is 3,454 square ft. The site plan depicts the required 14 parking spaces distributed throughout the site as follows: 10 parking spaces in front of the building including 1 accessible parking space, 3 diagonal parking spaces located near the southeast corner of the site and 1 parallel parking space located next to the air/ vacuum unit. The proposed accessible parking space has been conveniently located in close proximity to the building's front door to allow patrons safe and quick access to the convenience store. The proposed location of the parking spaces would not create or increase the negative effects caused by glare, noise and odor as they have been located away from adjacent properties and have been effectively screened with dense landscaping around the perimeter of the property as required by the City's landscape code. Furthermore, the site plan includes a 12 ft. by 35 ft. loading zone/ dumpster enclosure approach on the northwest side of the building, which does not conflict with traffic flow, as it is separated from the drive aisles. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. A dumpster has been proposed near the northwest corner of the property, and setback approximately 20 ft. from the west and north property lines. Additionally, there is a 6 ft. tall masonry perimeter buffer wall and landscaping to further reduce any impacts to surrounding properties. The refuse area is screened by both an enclosure composed of a 7 foot - 4 inch tall decorative walls and Cocoplum hedge installed and maintained at least half the height of the enclosure walls. Trash would be removed on a standard schedule. Solid waste does not anticipate a significant increase in waste as a result of this application. However, should the waste flow create an issue, the waste pick-up frequency shall be increased to accommodate it. Additionally, a 60 ft. clear area has been provided to ensure efficient trash pick-up, which should not disrupt the flow of traffic in the drive aisles. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed landscape has been designed with an emphasis on screening, aesthetics, and sustainability through the use of dense, native, drought tolerant plants, as well as a variety of butterfly attracting trees (Glaucous Cassia and Simpson Stopper), shrubs (Firebush and Wild Coffee) and groundcovers (Perenial Peanut, Purple Trailing Lantana, Plumbago, Indian Hawthorne and Coontie). The site is a corner lot surrounded by single-family (R1A) and two-family (R2) residential properties to the north and commercial properties (C2) to the east and south. Additionally, the property abuts a single-family residential (R1A) property and a commercial property (C2) to the west. The adjacent commercial property on the southwest side of the site has a similar zoning designation (C2) as the subject site and would require an Urban Landscape Buffer Type 1 comprised of a continuous hedge of at least 3 ft. in height and one tree spaced every 30 linear ft. The adjacent residential property on the northwest side of the site is zoned Single-Family (R1A), which would require a Buffer Type 3 comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and/or Page 833 of 1023 7-Eleven COUS 20-001 /MSPM 20-002 Page 5 berm. In order to minimize the impact of the new gas station on adjacent properties, the applicant is proposing a Buffer Type 3 along the entire interior side (west) and rear yard (north) property lines. The buffer has been designed with a 6 ft. tall decorative wall, a variety of densely planted shrubs and groundcover on both sides of the wall, and native large canopy trees, medium size trees and palm trees. Additionally, in order to provide adequate screening along the west side property line, the applicant is proposing to use medium size trees (Sympson Stopper) in lieu of palm trees between the large canopy trees (Live Oak). Additionally, in order to ensure the proposed landscape buffer along the west side of the property is adequate staff has included the following Condition of Approval: At time of inspection of the installed landscaping between the store/ gas station and the residential structures, the applicant shall provide a dense barrier restricting the view between the two. If not, additional landscaping will be required to be installed. The proposed landscape strip along the corner side yard (east) and front yard (south) property lines have been designed to meet the City's Landscape Code requirements for urban landscape strips abutting rights-of-ways. The landscape strip is composed of a variety of native, colorful and flowering plant material on the north side and south side of the entry drive, as well as two signature trees (Glaucous Cassia) on each side of the entry drives. The landscape strip is comprised of a continous, densely planted hedge (Cocoplum); colorful and flowering groundcover (Muhly Grass, Purple trailing Lantana, Indian Hawthorne, Perenial Peanut, Wax Jasmine and Plumbago); and trees (Green Buttonwood and Black Olive). Additionally, staff included the following Condition of Approval to ensure the diagonal parking spaces near the rights-of-ways are screened from view: At time of final inspection of the installed landscaping at the corner of the property designed to screen the 3 parking spaces from the rights-of-way shall provide a dense barrier. If not, additional landscaping will be required. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The property currently has a functioning legal-nonconforming pole sign located on the southeast corner. The applicant has agreed to remove the pole sign and is proposing to install a monument sign near the entry drive on the south side of the site, as well as a second momument sign near the northeast corner of the site. Staff has included a Condition of Approval to ensure the northerly monument sign is placed closer to the entry drive, further from the residential properties. Staff is requiring the monument signs to be designed with similar architectural features, materials and colors as the principal structure. The signs will also include LED digital technology to display regular gas and diesel prices. Although the City code currently prohibit the use of electronic signs, recent legislative amendments prohibit the City from restricting the visibility of signage displaying gas pricing. This preemptive legislative requirement would only apply to pricing and not to other merchandise and other services. Furthermore, 2 internally illuminated wall signs with LEDs have been proposed for the building; a sign located on the south elvevation, facing W. Woolbright Road and another sign on the east elevation, facing S. Seacrest Boulevard. The pump island canopy will include energy efficient LED recessed canopy lighting that will provide proper lumen levels and ensure safety for all gas station pump users. The proposed Photometric Plan shows the installation of 4 light poles. In an effort to diminish the negative impact of glare and light spillage onto surrounding properties, the light fixures will be full cutoff design and pointed towards the inside of the property. According to the Photometric Plan, the light levels will be below the code maximum of 5.9 foot candles and close to 0 around the perimeter of the property. However, the lighting levels underneath Page 834 of 1023 7-Eleven COUS 20-001 /MSPM 20-002 Page 6 the pump island canopy exceed 5.9 foot candles, as additional lumens are allowed for safety associated with credit card transactions. The building will have 7 wall mounted fixtures along the west, south and east facades and 8 ft. long LED batten strip recessed lighting fixtures under the front canopies affixed to the front facade to provide adequate lighting levels immediately around the building and ensure sufficient visibility and safety. The pump island canopy will be illuminated by recessed canopy LED light fixtures, which are designed to prevent glare. Staff has included a Condition of Approval to ensure a note is added to the Photometric Plans that all lighting shall utilize warm white LED lighting. 7. Required setbacks and other open spaces. The gas station building and pump island canopy is proposed to meet or exceed the minimum setback requirements for gas stations on properties zoned C-2. The required and proposed minimum principal building setbacks are: front (south) required 35' — proposed 143.55'; rear (north) required 20' — proposed 20'; side corner (east) required 35' — proposed 40.86'; and interior side (west) required 20' — proposed 72.64'. The required and proposed minimum setbacks for the pump island canopy are: front (south) required 20' — proposed 49.99'; side corner (east) required 20' — proposed 53.51'; and interior side (west) required 20' — proposed 41.78'. 8. General compatibility with adjacent properties, and other property in the zoning district. The convenience store and gas station are generally compatible with the commercial properties along W. Woolbright Road and S. Seacrest Boulevard. The gas station would provide a needed service for local residents and nearby businesses, as well as vehicles traveling west on W. Woolbright Road and south on S. Seacrest Boulevard. The building's modern design is typical of most commercial structures with a mix of smooth stucco painted with two complementary colors, Balanced Beige and Aesthetic White, and split-face blocks painted Balance Beige. Also, the building has a parapet roof design with a transition between high impact EIFs cornice finished with stucco and dark bronze prefinished metal parapet cap to create an interesting transition. The south and east facades have a set of vision glass windows, doors and prefinished eyebrows. The rear facade has been designed appear as building frontage with vertical and horizontal articulation, two faux windows that would have the same appearance as vision glass windows, a pre-finished metal canopy above each window, and a decorative building medallion and high impact EIFs cornice on each side column. The current and outdated 7-eleven convenience store, constructed in 1960, has been providing the neighborhood 24-hour convenience/ grocery services for many years. The new, modern convenience/ grocery store and gas station is intended to continue to operate 24-hours per day. According to the Project Narrative, the store is an integral part of the neighborhood and requires an update in size and services in order to meet the needs of its customers as the City continues to grow. Additionally, the project includes the acquisition of 2 residential lots to the north to ensure the commercial property conforms to the C-2 zoning district minimum required lot depth of 100 feet as Palm Beach County has requested a 30- foot right-of-way easement on the south side of the property for future W. Woolbright Road right-of-way expansion. In order to reduce any potential negative impacts to adjacent residential properties to the west and abutting residential properties north of SW 14th Avenue, the applicant has provided a dense, aesthetically pleasing multi-tiered buffer consisting of palm trees, large and medium size native trees, two staggered rows of shrubs, and a 6-foot tall decorative masonry wall. The applicant has committed to install more mature plants and trees along the north and west property lines at time of planting, if Page 835 of 1023 7-Eleven COUS 20-001 /MSPM 20-002 Page 7 needed, in order to ensure adequate buffering is provided. Also, the building and pump islands have been placed further from the residential properties (more than twice the required interior side setback), with the pump island shielded by the convenience store and landscape buffer. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The convenience store building has been designed as a one-story structure, with varying heights and a maximum height of 20 ft. - 3 in., which is compatible with the height of structures on adjacent and nearby commercial and residential properties. The proposed height is under the maximum allowable C-2 zoning district height of 25 ft. Additionally, the highest point of the pump island canopy is 17.5 ft. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed convenience store and gas station uses on adjacent and nearby properties, and the City as a whole, will be minimal, other than the enhanced condition of the property with the upgraded building and site features. Furthermore, the City would benefit from fees associated with building permit applications and certificate of use. It is a local convenience as intended by LRC future land use designation. Additionally, it provides commercial retail services, which support the resident and visitor populations. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed-use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this project. The project does however remove a dated structure and further enhance the redevelopment of the Woolbright Road corridor. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. The fueling stations are subject to federal and state safety standards, which provide protections from the nuisances and hazards of fuel. All convenience store activity takes place entirely within the fully enclosed building. As indicated above, the applicant is proposing to screen the site with dense landscape composed of trees and hedges around the perimeter of the property that should be sufficient to prevent noise associated with operations to become an issue. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer. a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection Page 836 of 1023 7-Eleven COUS 20-001 /MSPM 20-002 Page 8 shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this Project because there are no proposed uses for bars, nightclubs, and similar establishments. 14. All applications for approval of a new site plan, major site plan modification, or minor site plan modification (resulting in an increase, or replacement, of building square footage by five thousand (5,000) square feet or more), involving multi-family and planned unit residential, non-residential, and mixed use development shall incorporate a sufficient number of sustainable design options from Table 3-1, Sustainable Development Options and Points, to demonstrate achievement of the minimum number of points required below: 1. Multi-family residential development consisting of a minimum of three (3) dwelling units and up to twenty-five (25) shall achieve at least fifteen (15) points. 2. Multi-family residential development consisting of more than twenty-five (25) dwelling units shall achieve at least twenty(20) points. 3. Mixed use and planned unit residential development consisting of a minimum of three (3) dwelling units and up to twenty(20) shall achieve at least fifteen (15) points. 4. Mixed use and planned unit residential development consisting of a minimum of twenty- one (21) dwelling units and up to fifty(50) shall achieve at least twenty(20) points. 5. Mixed use and planned unit residential development consisting of more than fifty(50) units shall achieve at least twenty-five (25) points. 6. Non-residential development of a size less than one (1) acre shall achieve at least twenty(20) points. 7. Non-residential development of a size greater than one (1) acre shall achieve at least twenty-five (25) points. Although not subject to the newly adopted sustainability Regulations due to the building not meeting the minimum 5,000 square foot threshold, the applicant has proposed the following sustainable characteristics: 1. Utilization of warm white LED lighting; 2. Landscape Plan has been designed to utilize 9 different types of butterfly attracting trees, shrubs and groundcovers; 3. Flat roof to be painted white; 4. Utilization of cool light colors for the body of the building; 5. Use of awnings to provide shade over all windows and doors; and 6. All sod and landscape to receive 100% coverage with 100% overlap from an automatic irrigation system using re-use water source. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a Page 837 of 1023 7-Eleven COUS 20-001 /MSPM 20-002 Page 9 time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary building permits. S:\Planning\SHARED\WP\PROJECTS\7-Eleven 101 W. Woolbright\StaffReport_7- Eleven Woolbright Road.doc Page 838 of 1023 EXHIBIT A LOCATION MAP SITE I a � 7 U, t his� �" ,• �r_ - - i t} � 4� 1% � (,u'1 fty� �i) ty� .. 1 S 1 ) S; / t •.5p J �,,yytl�� y,t11s1`wJ ,'S f�� -.,'.v_1 r S� r - i � - �� y �S)t� Usk � •�� i 'N�� h 1-.- -_ r } 6 h i sV �. r1r�t's�+kiMPt - �t �� jt��.� r`£,,-`� sr s rJ�'r t t�`;sig t?! 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Ua�a 0 w p a�s UU w NHd:.WE U w o —x ' ' ' ,bw NW O�EL �rwr O z3ZIS ino:8/ E0r z .0-,E .9- I asIHO.bL oo .PHHHHO.9-dll m _ � Cu &i r<7] KEITH November 27, 2019 Edgar Breese Planning & Zoning Administrator Development, Planning & Zoning 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 RE: 7-ELEVEN (#10391) CONDITIONAL USE PERMIT — STANDARDS FOR EVALUATING CONDITIONAL USES Mr. Breese, On behalf of the 7-Eleven, Inc. ("Applicant"), KEITH is pleased to submit this letter as part of the conditional use application for a property located at 101 W. Woolbright Road (the "Subject Property"), which is being filed concurrently with a Land Use Plan Amendment/Rezoning Application and a Site Plan Application. The Subject Property consists of (3) folios: • 08434528130120210 — 101 W. Woolbright Road • 08434528130120010 - 104 SW 14th Avenue • 08434528130120030 — 112 SW 14th Avenue Site Information The Subject Property totals approximately 45,741.51 gross square feet (1.05 +/- acres) located on the northwest corner of W. Woolbright Road and S. Seacrest Boulevard in the City of Boynton Beach, FI. The commercial parcel currently contains a 2,786 sq. ft. convenience store without gasoline sales, associated parking, and minimal landscaping. The residentially zoned properties are each developed with a single-family home or duplex. From Woolbright Road, the site is accessible through an existing 55-foot wide driveway and an additional 25-foot driveway, approximately 17 feet west of the 55-foot driveway. Both driveways along Woolbright allow right-in/right-out traffic movements. On Seacrest Boulevard, the site is accessible from an existing, right-in/right-out 66-foot wide driveway. An existing pylon sign is located at the intersection. Future Land Use and Zoninq The Subject Property contains multiple zoning and land use designations - Neighborhood Commercial (C-2) and R-2 Single and Two-Family Residential (R-2) zoning and Local Retail Commercial (LRC) and Medium Density Residential (MEDR) land use. The applicant has submitted a separate, concurrent Land Use Plan Amendment/Rezoning Application to amend the residential properties' land use and zoning to a land use and zoning that will allow for the proposed conditional use. Proposed Development The Applicant proposes to redevelop the Subject Property with a new 3,454 square foot convenience store and a gas canopy with six fuel pumps, a total of 12 fueling positions. To buffer adjacent Corporate Office Miami-Dade County Broward County Palm teach County Orange County 301 E Atlantic Blvd 2160 NW 82 Ave 2312 S Andrews Ave 120 N Federal Hwy 321 N Crystal Lake Drive Pompano Beach Doral Fort Lauderdale Suite 208 Suite 208 Page 856 of 1023 FL 33060 FL 33122 FL 33316 Lake Worth,FL 33460 Orlando,FL 32803 954.788.3400 305.667.5474 954.788.3400 561.469.0992 954.788.3400 November 27, 2019/Page 2 of 6 7-Eleven(#10391)Conditional Use Permit Standards for Evaluating Conditional Uses residential uses, the Applicant proposes a six foot masonry wall with tiered landscaping along the north and west property lines. This creates an aesthetically pleasing, significant buffer for properties along Harding Avenue. The project will reduce the number of driveway access points along Woolbright Road and reduce the width of the driveway along Seacrest Boulevard. The driveway improvements will provide a safer traffic pattern for motorist and pedestrians. Conditional Use Standards The City of Boynton Beach's Land Development Code allows gasoline stations as conditional uses within the C-2 zoning district. The proposed use complies with all of the Conditional Use criteria found in Chapter 3, Article IV, Section 4.0 of the Boynton Beach Land Development Regulations ("Section 4.0"). A summary of each standard, followed by a discussion of how it is met, is set forth below: Standard 1. Ingress and egress to the Subject Property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Finding 1: The Subject Property is currently developed with a convenience store, associated parking, and minimal landscaping. Large existing curb-cuts (two along Woolbright and one along Seacrest) are located close to the intersection of Woolbright Road and Seacrest Boulevard. This creates increased opportunity for both vehicle/vehicle conflict and vehicle/pedestrian conflict. Existing perimeter landscaping separating vehicle use areas from the pedestrian network is essentially non-existent due to the existing driveway widths accounting for the majority of both site frontages. The Subject Property does not accommodate Palm Beach County's ultimate Right-of-Way for Woolbright Road. When the full ROW is provided, the County will be able to enhance traffic flow adjacent to the site. The proposed redevelopment of the site includes the demolition of the existing convenience store structure and the construction of a new convenience store with a fuel pump canopy and 12 fueling positions. As required by Palm Beach County, the Applicant is dedicating 30 feet of ROW along the Woolbright Avenue frontage to accommodate the arterial's ultimate ROW width. This dedication significantly reduces the width of the convenience store parcel to only 92' and dramatically limits the ability to utilize the Subject Property. To increase the size of the site and enhance automobile and pedestrian safety, and traffic flow and control, the Applicant acquired the two contiguous residential properties to the north. The combination of the three lots allowed for improved automobile maneuvering, pedestrian safety and improves traffic flow as part of the redevelopment. The proposed redevelopment will reduce the number of existing driveways along Woolbright from two to one. In addition to the reduction in the number of driveway openings, the width of the driveways will be reduced from approximately 50 feet to 35 feet. The new curb cut will be shifted away from the intersection by an additional 80 feet. Where the existing driveway is 40 feet away from the intersection, the proposed driveway will be 120 feet away. Further, the width of the existing driveway to Seacrest Boulevard will be reduced from approximately 66 feet to 25 feet. The proposed driveway location will be located further from the intersection (approximately 100-feet compared to the existing 40 feet). The proposed reduction in the number of driveway openings, the reduced width of the driveways, the increased distance of the proposed driveway locations from the intersection, the Engineering Inspited Design, Page 857 of 1023 November 27, 2019/Page 3 of 6 7-Eleven(#10391)Conditional Use Permit Standards for Evaluating Conditional Uses longer throat distance, and the larger site entrance vehicle circulation all significantly reduce the opportunity for potential vehicle/vehicle and vehicle/pedestrian conflict as well as provide for better traffic flow and control and access in case of fire or catastrophe. Standard 2: Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; Finding 2: The proposed site plan improves the site's off-street parking and loading configuration in conjunction with the enhanced traffic safety as described in C-1, above. The new parking spaces are located further from the egress/ingress points of both rights-of-way, providing safer vehicular access and circulation within the site. Proposed loading areas are located away from parking areas to limit conflict with proposed business operations. Additionally, the loading zone is located as far as possible from adjacent residential uses and is significantly buffered with a wall and landscaping. The site is developed with a 6-foot wall and substantial tiered landscaping, providing a substantial buffer for adjacent properties which further minimizes glare and noise. This limits any adverse impact of proposed site operations. Lighting associated with the parking and loading areas is both sensitive to adjacent properties and is also intended to provide a safe, CPTED-supportive condition for customers fueling vehicles and walking between the pumps and convenience store. The lighting plan accomplishes this by utilizing full-cutoff, baffled light fixtures, that are angled as necessary to direct light to the desired locations while minimizing undesirable light externalities. The project proposes a modern state-of-the-art underground storage tank to safeguard against any potential environmental impact or and odor. The conditional use as proposed provides no additional impact beyond any use allowed by right within the C-2 zoning district, and in many cases limit impacts due to the enhanced design and buffering. Uses allowed within C-2 by-right include: restaurants, coin-operated laundry, repair/rental/maintenance of home garden tools, Auto/Car Detailing, Automotive Minor Repair, Automotive Stereo/Alarm Installation. Standard 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; Finding 3: The refuse area is located behind the proposed building which facilitates access for refuse trucks without creating conflicts or onsite safety concerns. The proposed refuse area will limit impacts on adjacent properties as compared to existing conditions. The Applicant proposes a six-foot wall and tiered landscaping to provide an opaque buffer between the properties which will offset any potential impact caused by the refuse container. Standard 4. Utilities, with reference to locations, availability, and compatibility; Finding 4: Utilities are available and provide sufficient capacity for the proposed development. Water Service - The existing 2-inch water main that presently services the site is proposed to be used to service the proposed site, with the existing water meters being relocated to the east property line. Sewer Service - A proposed 6-inch gravity sewer lateral is proposed to be connected to the existing 8-inch gravity sewer main along the south side of SW 14th Avenue. Engineering Inspited Design, Page 858 of 1023 November 27, 2019/Page 4 of 6 7-Eleven(#10391)Conditional Use Permit Standards for Evaluating Conditional Uses Drainage - Storm water runoff shall be collected in an on-site dry retention area, which will provide storm water storage and water quality treatment. No off-site discharges are proposed. Standard 5. Screening, buffering and landscaping with reference to type, dimensions, and character; Finding 5: The proposed use will provide significantly enhanced screening, buffering and landscaping as compared to existing conditions, and beyond that required for a use by right. North and West Property Buffering The Applicant is providing a substantial buffer to minimize potential impacts to the residential properties to the north and west of the site. This includes a buffer system comprised of a wall and tiered vegetation that exceeds code requirements. The vegetation includes native canopy trees of varying heights and other vegetation to create a dense, tiered landscape screen along the edge of the Subject Property. The tree portion of the buffer will provide a dense shield above the wall. Along SW 14th Avenue, at the rear of the Subject Property, a continuous native hedge and drought tolerant groundcover will be planted in front of the wall to improve its aesthetics as well as provide for sound absorption. The wall and vegetation system is also extended along the interior property line to the south end of the fuel canopy. This extension provides the maximum buffer for adjacent properties and provides significantly more shielding and buffering than the existing conditions on the site. The plant material will be installed at larger than code required specifications to ensure that adequate screening occurs at installation. East and South Property Landscaping The ingress and egress of the Subject Property is marked by signature flowering shrubs and plants that support butterfly ecology. The south buffer along Woolbright Road consists of existing native trees and proposed canopy trees. A continuous hedge with groundcover completes the landscape. Florida Privet hedges will screen the dumpster enclosure and layered shrubs are used to soften the foundation area of the building. This provides an enhanced aesthetic along this significant roadway. Standard 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Finding 6: The signs and exterior lighting have been designed to provide safe and clear wayfinding and site safety while limiting any potential impacts to nearby properties. Signs The proposed signage will be sited appropriately to minimize impacts to the surrounding neighborhood and will be designed consistent with the City's land development code. All proposed signage and lighting will comply with the City's requirements as outlined in the Land Development Regulations. Lighting The Applicant has designed lighting, as shown by a photometric plan, such that no light trespass at the property line exists, particularly along the north and west property lines. The lighting will be full cut-off style directing light in a downward direction, rather than outward, minimizing light spillage to adjacent properties. Pole mounted lighting was sited to allow Engineering Inspited Design, Page 859 of 1023 November 27, 2019/Page 5 of 6 7-Eleven(#10391)Conditional Use Permit Standards for Evaluating Conditional Uses adequate lighting of the site while minimizing impacts to adjacent properties through angled fixtures and by using fixtures with baffles that limit the direction of the light. Further, the buffer wall and vegetation block light between the site and adjacent properties. The building and the buffer wall with vegetation are sited between the canopy and residential properties to the north and block all visual impact of canopy and its minimal lighting. Standard 7. Required setbacks and other open spaces; Finding 7: The proposed building and gasoline canopy is setback from the right-of-way and from adjacent property lines as required by the City's Land Development Code requirements. The proposed landscape design exceeds the amount of required interior landscape required. Standard 8. General compatibility with adjacent properties, and other property in the zoning district; Finding 8: The Woolbright Road corridor is an arterial roadway that is primarily developed with commercial buildings. Seacrest Boulevard is a collector roadway and is generally developed with residential development, except at key intersections within the city that are commonly developed with commercial and institutional establishments. The intersection of Woolbright and Seacrest is one of these key intersections and it is currently developed with commercial and institutional development. The property directly to the east of the Subject Property is developed with a service station, which demonstrates that service stations are appropriate for the area. Woolbright Road has direct accessibility to and from 1-95. Therefore, a service station serves the demand generated by the high traffic along this arterial roadway. The proposed convenience store use is consistent with the existing use on the Subject Property which has been a fixture within the neighborhood for nearly 60 years. Convenience store and gas station uses are common and complimentary to each other. The project proposes landscape compatibility buffers that exceed minimum code requirements by providing an Urban Landscape Barrier between 15' and 20' with tree plantings installed at mature size. Gasoline Stations are permitted as a conditional use in the C-2 zoning district, subject to further use restrictions set forth by Article IV, Section 3, C(46). This section provides location requirements limiting Gasoline Stations to properties located at three-way or four-way intersections involving arterial and collector road rights-of-way. The intersection of Woolbright and Seacrest is one of these intersections. According to the Palm Beach County 2010 Federal Functional Classification and Urban Area Boundaries Map, Woolbright Rd is classified as a Minor Arterial and Seacrest Blvd is classified as a Minor Collector Roadway. Given the designated classification and current development patterns along Woolbright Rd and Seacrest Blvd, this property is an appropriate location for the proposed use. Standard 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; Finding 9. The proposed building is one-story, and it is replacing a one-story building. The surrounding commercial and residential area is comprised of low-elevation single-story commercial and residential structures. The proposed building and structures are consistent with the surrounding area. Standard 10. Economic effects on adjacent and nearby properties, and the city as a whole; Engineering Inspited Design, Page 860 of 1023 November 27, 2019/Page 6 of 6 7-Eleven(#10391)Conditional Use Permit Standards for Evaluating Conditional Uses Finding 10: The proposed uses (Gasoline Station with accessory convenience store) provide services that support the neighborhood and area tourism. The service support of this proposed development therefore will be likely more valuable than the existing development, which would increase tax revenues for the City. Further, given the design and development plan, there are no negative impacts to surrounding properties as discussed elsewhere in this letter. Standard 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed-use zoning district or redevelopment plan; and Finding 11: Not applicable. The Subject Property is proposed to be developed in a commercial zoning district. Standard 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part 11, Chapter 15, Section 15-8. Finding 12: The proposed development is compliant with the operational performance standards in Chapter 3, Article IV, Section 1. The proposed development will be constructed, maintained and operated so as not to be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property. The proposed development will comply with all federal and state regulations for gas stations and convenience stores, which shall ensure that all nuisance and potential hazards shall be avoided. Engineering Inspited Design, Page 861 of 1023 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 7-Eleven 101 W Woolbright Rd (MSPM 20-002 /COUS 20-001) APPLICANT: Shane Laakso, Creighton Development APPLICANT'S ADDRESS: 900 SW Pine Island Road #202, Cape Coral, FL 33991 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 7, 2020 APPROVAL SOUGHT: Request for approval of Conditional Use and associated Major Site Plan Modification for the construction of a gas station to include a 3,454 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six (6) pump stations, and related site amenities and improvements. LOCATION OF PROPERTY: 101 W. Woolbright 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 _ 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\7-Eleven 101 W.Wool bright\MSPM20-002 COUS 20-001 DO.doc Page 862 of 1023 8.C. PUBLIC HEARING 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Proposed Ordinance No. 20-002 - Second Reading -Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the April 21, 2020 Commission Meeting.) Explanation of Request: The Boynton Beach Mall (the Mall) encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards and JCPenney as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Texas Roadhouse restaurant. The Boynton Beach Mall was built as a Development of Regional Impact (DRI) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The Development Order for the DRI expired in 2012, but the Mall retained the DRI future land use category until April 16, 2019 adoption of the FLUM amendment that changed the classification from DRI to Mixed Use Low(MXL). In a follow-up to this city-initiated action, the applicant submitted a request for rezoning of the mall from the current C-3 Community Commercial district to the SMU, Suburban Mixed Use district. It should be noted that the SMU is the only district corresponding to the MXL future land use classification for properties located west of Interstate 95, and hence the only option for the MXL-designated Mall. The Pine Preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, is not included in the rezoning. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational (REC) zoning. It is, however, a part of the Master Plan for the Mall, submitted concurrently with the rezoning application. The Planning & Development Board reviewed this request at its December 9th meeting and recommended it for approval. How will this affect city programs or services? No significant impact on either programs or services Fiscal Impact: None at this time, but the future redevelopment of the Mall will contribute to the City's tax base. Alternatives: None recommended Strategic Plan: Page 863 of 1023 Strategic Plan Application: The subject item is located within an area subject to a planning study identified to be completed under Strategic Plan Project 2.6.1. Subject application represents a key component within the future Congress Avenue Corridor (Mall) District. Climate Action: No Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Ordinance Ordinance approving Boynton Mall Rezoning Staff Report Staff report Location Map EHIBITAI, BB MALL Ownership Location Map E HIBITA2. BB KAALLAerial Location Map EXHIBIT B. BB MALL Current FLU Location Map EXHIBIT C. BB MALL Current Zoning Location Map EXHIBIT D. BB MALL Proposed Zoning Page 864 of 1023 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 BOYNTON MALL FROM COMMUNITY COMMERCIAL (C-3) TO 7 SUBURBAN MIXED USE (SMU); PROVIDING FOR CONFLICTS, 8 SEVERABILITY,AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the property owner has made application to rezone land, said land being 13 more particularly described hereinafter, from Community Commercial (C-3) to SUBURBAN 14 MIXED USE(SMU); and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from 25 Community Commercial (C-3) to SUBURBAN MIXED USE (SMU). A location map is 26 attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 27 Description: 28 29 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 30 COUNTY OF PALM BEACH,FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: 31 32 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 33 COUNTY OF PALM BEACH, FLORIDA, AND FURTHER DESCRIBED AS FOLLOWS: 34 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, 35 RANGE 43 EAST; THENCE N.0°59'39'W. ALONG THE EAST LINE OF SECTION 19, A 36 DISTANCE OF 1898.10 FEET TO A POINT;THENCE S.89°00'21"W.,A DISTANCE OF 60.00 37 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING 38 DESCRIPTION: THENCE S.88°05'26"W., A DISTANCE OF 846.73 FEET TO A POINT; 39 THENCE S.43032'54"W.,A DISTANCE OF 57.02 FEET TO A POINT; THENCE S.0059'39"E., 40 A DISTANCE OF 258.27 FEET TO A POINT;THENCE S16°46'44"E.,A DISTANCE OF 199.60 S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 865 of 1023 41 FEET TO A POINT, THENCE S.0°59'39"E., A DISTANCE OF 102.20 FEET TO A POINT; 42 THENCE S.44046'34"E, A DISTANCE OF 14.45 FEET TO A POINT ON THE NORTHERLY 43 LINE OF BOYNTON WEST ROAD (FORMERLY OLD BOYNTON ROAD); THENCE 44 N.89046'34"W.,ALONG SAID NORTHERLY LINE,A DISTANCE OF 1684.28 FEET TO THE 45 POINT OF INTERSECTION WITH THE EASTERLY LINE OF JAVERT STREET; THENCE 46 N.0°51'51"W.,ALONG SAID EASTERLY LINE,A DISTANCE OF 1228.05 FEET TO A POINT; 47 THENCE S.87058'2I"W.,A DISTANCE OF 20.01 FEET TO A POINT;THENCE N.0°51'51"W., 48 A DISTANCE OF 85.00 FEET TO A POINT; THENCE N.87058'21'E.,A DISTANCE OF 55.65 49 FEET TO A POINT; THENCE N.25014'17"E., A DISTANCE OF 362.64 FEET TO A POINT; 50 THENCE N.0053'26"W.,A DISTANCE OF 362.94 FEET TO A POINT;THENCE N.32013'52"E., 51 A DISTANCE OF 315.12 FEET TO A POINT;THENCE N.000 1'27"E.,A DISTANCE OF 244.69 52 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON CANAL; 53 THENCE N.88005'26"E., ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 54 1801.04 FEET TO A POINT; THENCE S.0059'39"E, A DISTANCE OF 472.86 FEET TO A 55 POINT; THENCE N.88005'26"E., A DISTANCE OF 328.87 FEET TO A POINT ON THE 56 WESTERLY LINE OF CONGRESS AVENUE; THENCE S.0059'39"E., ALONG SAID 57 WESTERLY LINE, A DISTANCE OF 130.01 FEET TO A POINT; THENCE N.46027'06'W., A 58 DISTANCE OF 56.11 FEET TO A POINT; THENCE S.88005'26"W., A DISTANCE OF 430.00 59 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 609.99 FEET TO A POINT; 60 THENCE N.88005'26"E.,A DISTANCE OF 430.00 FEET TO A POINT;THENCE N.43032'54"E., 61 A DISTANCE OF 57.02 FEET TO A POINT ON THE WESTERLY LINE OF CONGRESS 62 AVENUE;THENCE S.0059'39"E.,ALONG SAID WESTERLY LINE,A DISTANCE OF 170.01 63 FEET TO A POINT; THENCE N.46027'06"W., A DISTANCE OF 56.11 FEET TO A POINT; 64 THENCE S.88005'26"W.,A DISTANCE OF 608.00 FEET TO A POINT;THENCE S.0059'39"E., 65 A DISTANCE OF 230.00 FEET TO A POINT;THENCE N.88005'26"E.,A DISTANCE OF 340.00 66 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 150.00 FEET TO A POINT; 67 THENCE S.88005'26"W,A DISTANCE OF 340.00 FEET TO A POINT;THENCE S.0059'3911E., 68 A DISTANCE OF 229.99 FEET TO A POINT;THENCE N.8800512611E.,A DISTANCE OF 608.00 69 FEET TO A POINT; THENCE N.4303215411E, A DISTANCE OF 57.02 FEET TO A POINT ON 70 THE WESTERLY LINE OF CONGRESS AVENUE; THENCE S.005913911E, ALONG SAID 71 WESTERLY LINE,A DISTANCE OF 130.01 FEET TO THE PRINCIPAL POINT AND PLACE 72 OF BEGINNING. 73 74 CONTAINING 4,796,896 SQUARE FEET, 110.121 ACRES,MORE OR LESS. 75 SUBJECT TO EASEMENTS,RESERVATIONS,AND/OR RIGHTS-OF-WAY OF RECORD. 76 77 78 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 79 accordingly. 80 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 81 Section 5. Should any section or provision of this Ordinance or any portion thereof be 82 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 83 remainder of this Ordinance. 84 Section 6. This ordinance shall become effective immediately upon passage. 85 FIRST READING this day of 2020. S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 866 of 1023 86 SECOND, FINAL READING and PASSAGE this day of , 2020. 87 CITY OF BOYNTON BEACH, FLORIDA 88 YES NO 89 90 Mayor— Steven B. Grant 91 92 Vice Mayor—Justin Katz 93 94 Commissioner—Mack McCray 95 96 Commissioner—Christina L. Romelus 97 98 Commissioner—Ty Penserga 99 100 VOTE 101 ATTEST: 102 103 104 105 106 Crystal Gibson, MMC 107 City Clerk 108 109 110 111 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 867 of 1023 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-030 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: November 25, 2019 PROJECT: Boynton Beach Mall Rezoning (REZN 19-001) REQUEST: Approve Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. PROJECT DESCRIPTION Property Owners: Boynton Beach Mall, LLC (owned by Washington Prime Group, LLC)—four (4) parcels; remaining parcels owned by Macy's Florida Stores, LLC; Regional Enterprises, LLC; Dillard's, Inc.; Istar Florida 2015 Cinemas, LLC; and Christ Fellowship Church, Inc. (Exhibit "Al") Applicant: Bonnie Miskel, Esq. / Matthew Scott, Esq. / Beth Schrantz, Land Planner, of Dunay, Miskel and Bachman, LLP Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (Exhibit "A2") Future Land Use Mixed Use Low (MXL) (Exhibit "B") Current Zoning: C-3, Community Commercial (Exhibit "C") Proposed Zoning SMU, Suburban Mixed Use (Exhibit "D") Acreage: +/- 108.30 acres Page 868 of 1023 Page 2 Boynton Beach Mall REZN 19-001 Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south,Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of- way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low(MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L- 23 Canal and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. THE SITE The Boynton Beach Mall (the Mall) encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards and JCPenney as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Texas Roadhouse restaurant. The mall currently includes 1,074,939 sq. ft. GLA (gross leasable area) of retail and 79,500 sq.ft. GFA (gross floor area) of theater, for a total of 1,154,439 sq.ft.. 2 Page 869 of 1023 Page 3 Boynton Beach Mall REZN 19-001 BACKGROUND AND REQUEST The Boynton Beach Mall was built as a Development of Regional Impact (DRI) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The Development Order for the DRI expired in 2012, but the Mall retained the DRI future land use category until April 16, 2019 adoption of the city-initiated FLUM amendment that changed the classification from DRI to Mixed Use Low (MXL). The action—undertaken in preparation for redevelopment of the Mall— did not include rezoning, expected to be applied for by a developer at a later date, concurrently with a master plan for the entire site. The pine preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, was not the included in the subject amendment. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational zoning (REC). The applicant submitted a request for rezoning from the current C-3 Community Commercial district to a SMU, Suburban Mixed Use district, and a five-phase Master Plan, which will guide redevelopment of the Mall. The Master Plan proposes a mix of uses including: • A maximum of 1,420 multi-family residential dwelling units; • A maximum of 400 hotel rooms; • Approximately 1,024,000 square feet of non-residential uses, comprising roughly: ■ 629,000 square feet of shopping center uses, ■ 123,000 square feet of existing Church use, ■ 20,000 square feet of fitness center use, ■ 10,000 square feet of restaurant use, ■ 65,000 square feet of general office, ■ 65,000 square feet of medical office, ■ 80,000 square foot existing theatre with 3,650 seats, and ■ 23.3 acres of Open Space Note that the Master Plan does include the approximately 7.4 acre Pine Preserve, although the latter is not a subject of rezoning. For more information on the Master Plan, see the corresponding staff report. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. It should be noted that the requested zoning district of SMU is the only district corresponding to the MXL future land use classification for properties located west of Interstate 95, and hence the only option for the MXL-designated Mall. For that reason, the responses to the criteria below will parallel—when appropriate— those provided for the review of the earlier future land use amendment for the site. 3 Page 870 of 1023 Page 4 Boynton Beach Mall REZN 19-001 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. Criterion as intended is not applicable. The current C-3 zoning of the Mall is inconsistent with its new MXL future land use designation. As stated above, the SMU is the only zoning option for the MXL-classified site. 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 the Comprehensive Plan was addressed in the staff's review of the future land use amendment to the MXL classification. To reiterate, the MXL classification and thus the proposed rezoning of the site to SMU, its only corresponding zoning district, is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services, and promote compact development, safe and pedestrian-friendly streets, and provide transportation choices. Policy 1.8.2 The City shall discourage urban sprawl by, A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. For the analysis of the consistency of the Master Plan with the LDRs, see the corresponding sfaff report. 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 4 Page 871 of 1023 Page 5 Boynton Beach Mall REZN 19-001 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. As argued in staff's review for the FLUM amendment, the now approved MXL future land use is not contrary to the established land use pattern, nor did it create an isolated FLU classification. The land use pattern in adjacent and nearby areas is eclectic: it incorporates commercial uses of small and large retail (including Walmart), offices, a hotel (Courtyard by Mariott), as well as residential uses consisting of single-family, multi-family and mobile homes. Given that the subject site contains about 108 acres, the MXL and the proposed SMU zoning district can hardly be considered "isolated"; moreover, the MXL and SMU designations extend over an 80 acre area of Boynton Village community on the east side of North Congress Avenue. Finally, the MXL and its attendant SMU district will very likely be recommended for other areas of the Congress Avenue Corridor District—for example, MXL will eventually replace the DRI classification of Renaissance Commons, which already carries SMU zoning. 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 SMU zoning district is intended to support a large mixed use project with uses complementary to those within the project as well as those in the surrounding areas. Interconnectivity is one of the top project design requirements. Visitors and residents willl have access to PalmTran bus service along Congress Avenue. For more information of the sustainability features proposed for the Master Plan, see the corresponding staff report. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department (see attached letter). So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of site plans, land development, and building permit review processes. 5 Page 872 of 1023 Page 6 Boynton Beach Mall REZN 19-001 Trak. The traffic study has been submitted to the Palm Beach County Traffic Division. As underlined in the staff report for the Mall's FLUM amendment, the traffic impacts associated with the redevelopment of the propoperty are not expected to exceed the 3,306 PM Peak Hour trip cap established in the Boynton Beach Mall DRI Development Order for the approved 1,244,449 Sq. ft. Gross Leasable Area (GLA). Traffic generation associated with the uses proposed by the Master Plan was subject to the equivalency analysis. Schools. The School Capacity Availability Determination application has been submitted. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale, which is reasonably related to the needs of the neighborhood and the City as a whole. The response to criterion "f' parallels the response provided in review for the FLUM amendment: the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties. See response to criterion "c." The redevelopment of the Mall will have a positive effect on property values of surrounding properties. (The incoming site plans will implement the Master Plan's measures aimed at mitigating potential negative impacts of the development on the single-family neighborhood to the west of the site.) While expanding the "Urban Village" model with its emphasis on walkability and public spaces from the east side of Congress Avenue to the west side, the proposed amendment will assure that the Congress Avenue Corridor continues to grow and thrive as the City's main commercial hub. It would benefit both the neighborhood and the City as a whole. 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, 6 Page 873 of 1023 Page 7 Boynton Beach Mall REZN 19-001 (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As affirmed in the staff's review of the FLUM amendment, redevelopment of the Boynton Beach Mall is supported by the City's Strategic Plan 2018-2022 and the 2016-2021 Economic Development Strategic Plan and therefore the requested rezoning meets criterion "g(1)". The ensuing project has also a potential to: • Enhance the City's tax base, reversing the downslide of the Mall's "legacy" properties' taxable value. (Between 2016 and 2017, the value of properties owned by Boynton Beach Mall LLC declined from $46,339,832 to $33,517,168.) • Replace the economically obsolete shopping center—enclosed mall—with a mixed use project driven by market demand and promoting sustainability through design attributes pertaining to energy saving, public realm development, alternative transportation etc. (criteria "g3", "g5", and "g7"); • Create/strengthen synergy of land uses on-site and within the Congress Avenue Corridor area as a whole (criterion "g6"). • Contribute to the net job growth and/or replace some lost low-wage retail positions with better employment opportunities (criterion "g4") if uses such as professional offices are eventually included. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The FLUM amendment and the proposed rezoning of the Mall can potentially reduce the amount of land available for commercial development since the MXL and SMU encourage a mix of residential and commercial uses. Inclusion of residential uses supports the "live, 7 Page 874 of 1023 Page 8 Boynton Beach Mall REZN 19-001 work and play" motto embodying the lifestyle of the "Urban Village." As noted above in response to criterion "g", the amendment has a potential to deliver all listed benefits, meeting condition "h(2)." 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. Not applicable: the proposed rezoning follows the approved FLUM amendment. 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. For the analysis of the Master Plan compliance with LDRs, see the corresponding staff report (MPMD 19-004). CONCLUSION/RECOMMENDATION The request under consideration consitutes the follow up to the city-initiated reclassification of the Mall to the Future Land Use of Mixed Use Low (MXL), approved on April 16, 2019. Given that the SMU district is the sole zoning district corresponding to the MXL classification in the subject location, staff recommends approval of the proposed rezoning. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\REZN 19-001 BB Mall Rezoning\BB Mall Rezoning REZN 19-001.docx 8 Page 875 of 1023 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES ii ------------- CHRIST ISTAR FELLOWSHIP N Boynton Beach Mall LLC r= DILLARDS Z MACYS REGIONAL ENTERPR. oy o N LEGEND w E mumm City boundary S 0 62 Owners other than Boynton Mall LLC . 25 250 31 500 EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP r r t x - �r , Boynton Canal t 1 k � i n m w P i t �� OIdBoynt'on'��Rd� N LEGEND w E mimm City boundary S 0 75150 300 450 600 EXHIBIT B BOYNTON BEACH MALL FLU SCLASSIFICATION 1 NO NEW t{ I t , � t z• , p �1 Mixed Use Low (MXL) rif / IIIIIIIIIIIII� t_ J \ tt. f 1 � � f r +jy E G >{ Y 4 t � I S5 4 , 1 r t } li! f_ jj( 4 tt LEGEND: FLU classifications MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre N MIXED USE LOW(MXL); 20 D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) WE _,`, ` LOCAL RETAIL COMMERCIAL(LRC) S OFFICE COMMERCIAL(OC) 0 80160 320 480 640 ' RECREATIONAL(R) F 92 EXHIBIT C BOYNTON BEACH MALL CURRENT ZONING l4 h — �r ,il yt51 ill�ttl{}ts r7s\\} lli tiVl- ` i r+t -.tlt+ ,„ a itt {ts� } 4gi jt irlt 4}!Ar ry}tI rstt rAtt f(4 4:JiJly t`7t £J_t ritS�{ l�r s 1A� v� i !¢ t �,,Yrrr r1 rltit 4 " 4 � , 14 ,'! -. t l 'tt A:u{y;i 7+i„+yil4r,i+li:r i i h}_,,,;r�t�,t.,}Ilmt I£t+rsri{1)r„;�i}s r rr)i 1t��t r r t+it t s:�t)5}( ,+}ly�\ `\\it;slit i+7,r{{ \/1(4s4✓it}!(ii sr It+\r{I s{ili�'l,S,t, ty, s„} tiit} ,,j ISJt)I itll,l t i\) lr s1}Sir{yj rti t Irti 75( .(£ f t f`t(£,( 4s r __ti}v #r.) j S } P Jt 1t+r }tt,44,,,f 1 tt Ia7J't r t J t' t'\Stl\{tU7itl f r\tvt \ {�\ Jp+firs tV t tt4GiJ!v\}1t I It SI`!1,{t+{klt �s i4t I 77rt ISh+k VI r o +t la1 rbll£t t vrt`t),4} a£i VriY dt' tt l ti tit fi. 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ISI t t tlgr f i tri S4 + till jt} sl t ! tt Jl+ill t t r ri rltlj 11117+tt1 Jy'tlt;(t }lb4)51JarU\h1S\6r1S13x1}\h1S\h1S\h1S\titU\h1S\h1S\h1S\brb\h1S\h1S\h1S\dr1SSh1S\h1S\h1S\drit�its tY,rYu rd;,tYu Au ath u-� 9 {u1�{Iu"�t t„'life,t{}fl},3,ti t}' ttA,ttu sdA�t} LEGEND: ZONING DISTRICTS nPUD Planned Unit Development C1 Office Professional N a ,t ,;l,kr,tt'y C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640 @ REC Recreation g�ziiiiiiiiiw EXHIBIT D BOYNTON BEACH MALL PROPOSED ZONING �r irr rrr i4} rf}'j r4}(ry rt r' Alyt \1i } }� 4 rl �u. r£,lrr ir)rr lrlrlrS £!�'� r,,1 (i it Irr Y�pirrrit�r ,lr t — (i, ilr�, �rsrf�tlrrrr err rirtri}1141+�� ;� i �' fS})t rrr. f rrr tri Irr t , 'tr 1C �f�ilir�fi�r iir��i�«r v}�) jSr �� s rrr if t t -t ifl} _ ttf s i c Iq tit r} � }�lrrr Si 1 m PROPOSED ZONING: SMU rrr SUBURBAN MIXED USE yy 1 r4r rir 1 y(�I 1jI rf lrfrrr� r}� �1�f rr ��s } t - {{„ r rrrt rr rt liI r rrrr}i- rrr 1� t i riui ,r, }}v;li('IlislirS� t? 1rr,(rrltru}`u, iyi,rr` £� 1£r �rtTr'��y � l} It � It rtl �itrt� ul-r tr51(tt �r}}k1}t 1�),:'. r sr ��}f�Ai}�a rt Ut liv iltrr ri it t j tf r�i�f ?, 1 1 rrtf rf��rl , r Grir}ii �111t> ��:{rl t f}1R£x- } 1 It ti 1 rrr � � t 1f1 Ir hl- t r 111 t rSr a�� r y 1st(r!/rr z vOt�i i� 1 Ir rl�l� rii 11 r�{ rl r rrrr� I}r t� r� r t � y tYr X14 rr. f1A r4Ul r I. r t sr i i rrtr�ii rrtsr} 1 t�rs��rr ilrtnitl 'tlSt iS t{y i } rf1�r1 11 trt}f i11�1 �} fij>> yy4}r I�r(fr 1 r y�rtrt S 1 1}str{rr} �i � if} r� N/r i 1r �l r 1 i t r r ;rf.it � 1 i r r1 S�rtr £4}Ir{ r \ttl ryr t( lr ltjr�r,tr 7Srtrf ftifl trt 11 Gr i �; r11 1tr r 1 -U r r r1 r 2 r r s frtf 1 1 r� ( �� r -r irrr It U 4> r£ f rpt rK }r rr) It ttl}� rr 1 S(, r 4t}>yr rl r r�£ t r��l1 -S It{Ilr ": t 11 �rrl } i,irr ir'} rttyl� rrf�71� 5 i+i}}�} V �it lirf li £�atst� ilsr�itrl r{f}r(t�'ri1 t�rs`r r r 4 f i {}tt r r rrr s rr rr yl�r.lrrflr7 } 11 1 t i O 't t r s_ r i\ t t if£ {t� 7 } r (> rr r r Jr 4 11+1. 1 tlrl s 7 � rt (r rri Yi}71r Il �sl} y t - t i r y }}r14� r 114 ii 4r�1rr{i rJ}£ i s r 11 `t;rrr rry } li4+fr rlr}r }rrf 'blit ri fr)lit f I r lfsi rr r�IJ��trilir yf i„`. r„rr I SiA r rr 11 r4r4Sr is u, V rr}r,l r rirr (s {S c r r r trA ( r it t r rrf rr 4-riq}rl i frf�r �� 11', f ti Ilt\r(. f\y'tr n- r (�1,1+ r r S r rrif� r irri jr} ri t ! tr J�rrll t r r, ri rltlj ; �7�4)r�ur$\h11\dr11t3r11\h11\h11\h11\dti11\h11\h11\h11\drb\h11\h11\h11\dr11Sh11\h11\h11\drit�ris tt,,r7,,,rd;,¢r,,,r7,,,t rt,u-� � �uffr,,�� r„�lr}s,t{�+i},�,�i r�' rt,,,r7,,,�d,,it} LEGEND: ZONING DISTRICTS nPUD Planned Unit Development C1 Office Professional N rr „1ofr,'�trr C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640 REC Recreation FM 8.D. PUBLIC HEARING 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the April 21, 2020 Commission Meeting.) Explanation of Request: The Boynton Beach Mall, an approximately 116 acre site, was designed as an enclosed shopping center, under the Development of Regional Impact (DRI) regulations outlined in the provisions of Chapter 380.06 of the Florida Statutes. The Mall was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974. In 1982, the City annexed the property and adopted a development order for the Boynton Beach Mall, which permitted 1,108,000 square feet of gross leasable retail space. The mall has had several modifications to the site since 1982. Staff had been working with the Washington Prime Group in an effort to strategize a viable solution to the depreciation of the Mall and a long term plan to revitalize and reinvigorate the property, as enclosed malls around the country were beginning to fail and their property values continued to decrease. Staff suggested that many malls around the country had been redesigned as mixed use developments, including residential components, entertainment venues and office space, fostering the concept of"live, work and play" on the same site. The applicant is requesting approval to amend the Master Plan to allow a mix of uses. The Mall property currently consists of approximately 1,285,700 gross square feet of buildings (1,154,439 square feet of gross leasable area), including the following uses and their approximate square footages: • Retail/ Commercial: 1,034,745 square feet • Church: 122,733 square feet • Theater: 80,000 square feet • Auto Repair: 20,761 square feet • Fitness Center: 19,883 square feet • Restaurant outparcel: 7,600 square feet The proposal would: • Reduce the existing Mall building square footage dedicated to Retail/ Commercial use from 1,034,745 square feet to 482,750 square feet, in conjunction with the construction of separate, new mixed use buildings with Retail/ Commercial use on the 1St floor and Residential units above. The combination of existing and new Retail/ Commercial space on site would not exceed 628,627 square feet. • Add a maximum of 1,420 residential units to the site along the north end, the southwest side, and internally as part of the new mixed use buildings. This number of residential units equates to approximately 12.9 dwelling units per acre. • Add a maximum of 400 hotel rooms. • Add a maximum of 65,000 square feet of medical office. • Add a maximum of 65,000 square feet of general office. • Add 35,000 square feet of new restaurant space. • Add a dedicated space for a Fire Station. • Retain the Christ Fellowship Church, Fitness Center, Theater, and Roadhouse Grill Restaurant. Page 881 of 1023 • Add 291,000 square feet (6.7 acres) of new open space, dispersed thoughout the central portion of the site, to the existing 320,000 square feet (7.3 acres) of existing Pine Preserve. When added to the lakes and green areas around the lakes, the total open space is proposed to be 23.27 acres, or approximately 20% of the site. The Master Plan is designed to be constructed in five (5) phases (see attached exhibit). The Planning and Zoning Division recommends that this request for Master Plan Modification be approved subject to the comments included 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. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: The subject property is located within, and would be a significant component to the Congress Avenue (Mall) District Plan. This is one of 4 city-wide district plans to potentially be completed as Strategic Plan projects. Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Staff Report Staff Report Exhibit E7ibit A-1: Ownership Map Location Map E7ibit A-2: Location Map Letter ExIiibit B: Justification Statement Drawings E7ibit C: Project Plans Conditions of Approval E7ibit D: Conditions of Approval Development Order Development Order Page 882 of 1023 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-034 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely Principal Planner DATE: December 3, 2019 PROJECT NAME/NO: Boynton Beach Mall (MPMD 19-004) REQUEST: Master Plan Modification for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. PROJECT DESCRIPTION Applicant: Bonnie Miskel, Esq. / Matthew Scott, Esq. / Beth Schrantz, of Dunay, Miskel and Bachman, LLP Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (see Exhibit "A") Existing Land Use: Mixed Use Low (MXL) Proposed Land Use: No change proposed Existing Zoning: Community Commercial (C-3) Proposed Zoning: Suburban Mixed Use (SMU) Proposed Use: Master Plan Modification of the Boynton Beach Mall, transforming the enclosed mall space and out-buildings to a mixed use type of development encompassing retail space, office space, residential units, restaurants and entertainment uses, within several buildings Page 883 of 1023 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 2 on the site. The application for Master Plan modification proposes a maximum of 1,420 residential units, 400 hotel rooms, and 1,024,000 square of non-residential uses, comprised approximately of 629,000 square feet of retail space, 123,000 of existing church use, 20,000 square feet of existing fitness center use, 80,000 square feet of existing movie theater use, 10,000 square feet of restaurant use, 65,000 square feet of medical office use , and 65,000 square feet of general office use. Also included is approximately 23 acres of open space, including approximately 7.3 acres of existing pine preserve. Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south, Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of-way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low (MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L-23 Canal right-of-way and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. BACKGROUND The Boynton Beach Mall, an approximately 116 acre site, was designed as an enclosed shopping center, under the Development of Regional Impact (DRI) regulations outlined in the provisions of Chapter 380.06 of the Florida Statutes. The Mall was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974. In 1982, the City annexed the property and adopted a development order for the Boynton Beach Mall, which Page 884 of 1023 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 3 permitted 1,108,000 square feet of gross leasable retail space. In 1989, the Master Plan was amended to allow for an increase in gross leasable retail space from 1,108,000 to 1,244,449 square feet to accommodate the addition of the Sears store. In 2005, the Master Plan was amendmended to provide for a conversion of 169,510 square feet of the existing retail space (through the demoliton of the Macy's store, which relocated to the former Burdines' space on the south end of the Mall) to a 79,500 square foot multi-screen movie theater with 3,650 seats, and the addition of 17,528 of new retail space. As a result, the overall square footage was reduced from 1,244,449 square feet to 1,154,439. In 2012, the Development of Regional Impact (DRI) development order expired. That same year, Christ Fellowship Church purchased one of the two Dillard's sites and began renovations to accommodate church services. In 2014, the Simon Property Group, the Mall's owner, spun off their lower-tier mall assets around the country, including the Boynton Beach property, to an entity known as the Washington Prime Group. Also in 2014, Texas Roadhouse Restaurant, a 7,420 square foot standalone restaurant building, was approved adjacent to the main Mall entrance drive off of Old Boynton Road. Staff had been working with the Washington Prime Group in an effort to strategize a viable solution to the depreciation of the Mall and a long term plan to revitalize and reinvigorate the property, as enclosed malls around the country were beginning to fail and their property values continued to decrease. Staff suggested that many malls around the country had been redesigned as mixed use developments, including residential components, entertainment venues and office space, fostering the concept of "live, work and play" on the same site. As these discussions were taking place, Washington Prime was then faced with the loss of the Sears anchor store, as a result of corporate closures around the country. Staff worked with Mall ownership to suggest a Land Use change to Mixed Use Low to foster the type of development envisioned for the site, and encouraged Washington Prime to begin working on a Master Plan that would not only stabilize it, but make it a desireable destination once again. The City Commission approved the Land Use change to Mixed Use earlier this year, after review by the State's Department of Economic Opportunity (DEO). Now that the new Land Use designation is in place, Washington Prime has brought forward a request to rezone the property to Suburban Mixed Use (SMU), along with the requisite Master Plan. Chapter 2, Article II, Section 2. D. 6., Master Plans, of the Land Development Regulations states that major changes in planned developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The applicant is proposing to amend the Master Plan to allow a mix of uses. The Mall property currently consists of approximately 1,285,700 gross square feet of buildings (1,154,439 square feet of gross leasable area), including the following uses and their approximate square footages: • Retail / Commercial: 1,034,745 square feet • Church: 122,733 square feet • Theater: 80,000 square feet • Auto Repair: 20,761 square feet • Fitness Center: 19,883 square feet • Restaurant outparcel: 7,600 square feet The proposal would: Page 885 of 1023 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 4 • Reduce the existing Mall building square footage dedicated to Retail / Commercial use from 1,034,745 square feet to 482,750 square feet, in conjunction with the construction of separate, new mixed use buildings with Retail / Commercial use on the 1St floor and Residential units above. The combination of existing and new Retail / Commercial space on site would not exceed 628,627 square feet. • Add a maximum of 1,420 residential units to the site along the north end, the southwest side, and internally as part of the new mixed use buildings. This number of residential units equates to approximately 12.9 dwelling units per acre. • Add a maximum of 400 hotel rooms. • Add a maximum of 65,000 square feet of medical office. • Add a maximum of 65,000 square feet of general office. • Add 35,000 square feet of new restaurant space. • Add a dedicated space for a Fire Station. • Retain the Christ Fellowship Church, Fitness Center, Theater, and Roadhouse Grill Restaurant. • Add 291,000 square feet (6.7 acres) of new open space, dispersed thoughout the central portion of the site, to the existing 320,000 square feet (7.3 acres) of existing Pine Preserve. When added to the lakes and green areas around the lakes, the total open space is proposed to be 23.27 acres, or approximately 20% of the site. The Master Plan is designed to be constructed in five (5) phases (see attached exhibit). • Phase 1: The northern portion of the site where the Sears buildings and parking lots will be removed. This phase is intend to be developed with a maximum of 400 dwelling units, with a maximum building height of 55 feet. • Phase 2: The portion of the site immediately south of Phase 1 and located between the northern end of the remainder of the mall, including Christ Fellowship Church and Cinemark Movie Theater. The mixed use building(s) would be constructed between the church and the theater, with residential units constructed above the new retail space, with a maximum height of 75 feet. • Phase 3: This portion of the site encompasses the southwest quadrant, south of Christ Fellowship Church and also includes the Pine Preserve Area along the northwest perimeter of the property. This phase is intended to be developed with a maximum of 300 dwelling units, with a maximum height of 55 feet, the Fire Substation, a restaurant outparcel, and approximately 3 acres of open space / park area. • Phase 4: This portion of the site is immediately south of Phase 2 and east of the JC Penney Department Store. This phase is intended to include two more mixed use structures with residential units constructed above the new retail space, with a maximum height of of 55 feet in one building and 75 feet in the other. This phase also includes a proposed 200 room hotel and approximately 2 acres of open space, as well as the "Mainstreet" infrastructure improvements. • Phase 5: The final portion of the site is the remainder of the south section of the mall site, fronting Old Boynton Road, and includes another mixed use structure with residential units constructed above the new retail space, another 200 room hotel, and the remainder of the commercial / restaurant outparcels to line Old Boynton Road, with a maximum height of 55 feet. • The proposed office uses could be constructed in any of the Mixed Use phases. Page 886 of 1023 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 5 For comparison purposes, the Boynton Village & Town Center site to the east of the Mall, across Congress Avenue, is zoned a combination of SMU (Suburban Mixed Use), like that being proposed for the Mall site, and C-3 (Community Commercial). The site is 89.3 acres in size, compared to the 116.3 acre Mall site. Boynton Village & Town Center is approved for 1,115 dwelling units, resulting in a density of 12.5 dwelling units per acre, which is comparable to the 12.9 dwelling units per acre proposed by the Mall Master Plan submittal for 1,420 dwelling units. The Boynton Village & Town Center project was developed more in the style of horizontal mixed use, while the Master Plan for the Mall envisions more vertical mixed use for much of the new construction, especially at the center of the site, bordering the proposed "Mainstreet". "Mainstreet" acts as the direct vehicular connection from Congress Avenue to the site and includes an expanded amenity area along proposed buildings, street trees, and parallel parking. Pedestrian connectivity is proposed throughout the site and designed to link the site to both Congress Avenue and Old Boynton Road. Pedestrian paths are also proposed to allow access to and through the Pine Preserve. The building heights proposed are in compliance with the SMU zoning regulations and comparable to those constructed within the Boynton Village & Town Center project and Renaissance Commons development to the east, across Congress Avenue. Relative to the traffic circulation and vehicular trip generation associated with the proposed Master Plan design, two (2) new Mall entrances are proposed along the Old Boynton Road side of the property to better align with the proposed internal circulation pattern, while the westernmost existing driveway on Old Boynton Road will be eliminated. The applicant has submitted a traffic study for both County and City staff review. At time of preparation of this staff report, a traffic approval letter had not yet been received from the County. As such, the proposed development will be subject to any conditions contained in that letter. The traffic study submitted by the applicant indicates that, with the reduction in the amount of retail space, the overall daily traffic associated with the redevelopment of the Mall would decrease by 2,067 vehicular trips, from the existing 32,047 trips to 29,908. The AM Peak Hour vehicular trips however would increase from the current 945 trips to 1,414, an additional 469 trips, principally resulting from the addition of residential units to the site. The PM Peak Hour vehicular trips are projected to decrease by 611, from 2,977 trips to 2,366. The maximum square footage allowances depicted for the individual use types as outlined within the Traffic Study will be the limiting factor relative to the density and intensity of proposed uses depicted on the Master Plan. The applicant, in their justification statement, notes that the rise of online shopping has drastically reduced the demand for in-store shopping and that "over a third of the mall's storefronts are vacant'. As noted previously, staff acknowledged the decline of many enclosed malls around the country and began a dialogue with Mall ownership to discuss the best methods to revitalize and redevelop the property. It was determined that the use of the City's mixed use zoning and regulations would likely bring the best results, as demonstrated by the successes that occurred with the Boynton Village & Town Center and Renaissance Commons projects. The applicant goes on further to say "Approval of the proposed Rezoning will allow for the renovation and expansion of a complementary mix of land uses and will increase access to alternative modes of transportation by creating a compact mix of commercial, residential, and recreational uses providing a base to help support the efficient use of land and public services in the City". Staff agrees that large scale mixed use developments, like the one proposed, reduce the number of vehicular trips needing to leave the site and encourages walking / biking from the place of residence to shopping, eating, entertainment, and recreation, thus reducing the carbon footprint associated with the site from vehicle emmissions. Page 887 of 1023 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 6 RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be approved subject to the comments included 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. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004 BB Mall Master Plan\Staff Report\Staff Report MPMD 19- 004.doc Page 888 of 1023 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES ii ------------- CHRIST ISTAR FELLOWSHIP N Boynton Beach Mall LLC r= DILLARDS Z MACYS REGIONAL ENTERPR. oy o N LEGEND w E mumm City boundary S 0 62 Owners other than Boynton Mall LLC . 25 250 31 500 EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP r r t x - �r , Boynton Canal t 1 k � i n m w P i t �� OIdBoynt'on'��Rd� N LEGEND w E mimm City boundary S 0 75150 300 450 600 DUNAY Gary Dunay Ete Zachariade<s Bennie MiskeL Matthew H.Scott F Scutt Backman Christina Bite fnki 00000 Hope CaLhOUn Lauren G.Odom BACKMANLLP Dwayne Dickerson Zach Davits Walker Boynton Beach Mall Statement of Use and Justification for Rezoning and Master Plan SUBMITTED: November 19,2019 Boynton Beach Mall, LLC, Regional Enterprises, LLC, Christ Fellowship Church, Inc., Istar Florida 2015 Cinemas, LLC, and Macy's Florida Stores, LLC, (collectively referred to herein as "Petitioner"), own the+/- 116.35 acre Boynton Beach Mall ("Property'), which is generally located at the intersection of North Congress Avenue and Old Boynton Road within the City of Boynton Beach, Florida ("City").The Property is comprised of nine (9) parcels, identified by parcel control numbers 08-43-45-19-05-015-0010, 08-43- 45-19-05-017-0020, 08-43-45-19-05-018-0010, 08-43-45-19-05-015-0011, 08-43-45-19-00-000-1090, 08- 43-45-19-05-028-0010, 08-43-45-19-00-000-3020, 08-43-45-19-05-021-0010 and 08-43-45-19-05-034- 0010. A +/- 110.12 acre portion of the Property is developed for use as the Boynton Beach Mall ("Mall Property") and the remaining+/-6.23 acres is set aside for preservation of the existing pine forest ("Pine Preserve"). The Mall Property is designated MXL, Mixed Use Low, on the City's Future Land Use Map ("FLUM") and the Pine Preserve is designated R, Recreational, on the City's FLUM. The Mall Property is located within the City's C-3, Community Commercial, zoning district and the Pine Preserve is located within the City's REC, Recreation, zoning district.The Mall Property and Pine Preserve are identified in the aerial image below: S 17 MAP LEGEND Mall Property � Pique Preserve N 14 S.E,4th Street,Suite 36, Boca Raton, FF 33437 Fel: [561)405-3300 Fax:t5611 409-3341 wwwAr-nioblaw,corn Page 891 of 1023 The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single-family community to the west. The properties that are contiguous to the east of the Property are commercial uses with primarily commercial/mixed use development located across North Congress Avenue to the east. The properties located to the northeast and south of the Property are also developed for commercial use,while the properties located to the west and northwest of the Property are developed as single family homes. DEMONSTRATION OF NEED Boynton Beach, a town of approximately 74,000 people, is a strong middle and upper income area with suburban growth areas to the west.The area's affluence is reflected in the existence of more than a dozen country clubs located within five (5) miles of the Property. The current use of the Property as an aging mall is in steady decline as it no longer meets the needs of the community and is slowly becoming a source of blight in the City. Two demographics that comprise a significant portion of the area's population, Millennials and the aging senior population, are growing in number and clout and are increasingly demanding more walkable, livable communities -a demand which the Property is able to satisfy with the appropriate regulatory framework allowing for mixed use development. Redevelopment of the Property will revitalize a persistently declining center and allow the City to better meet the community's needs by satisfying demand for housing by providing high-quality compact housing opportunities and introducing a vibrant lifestyle center to the area for current and future residents to enjoy. The Mall Property is developed as a +/- 1,285,722 square foot traditional shopping mall, including +/- 1,034,745 of retail use, +/-7,600 square feet of restaurant use, +/-20,761 square feet of auto repair use, +/- 19,883 square feet of fitness center use, a +/- 122,733 square foot church, and an +/-80,000 square foot theatre with 3,650 seats.The rise in online shopping has drastically altered the consumer market and the demand for in-store shopping has plummeted in recent years.The Boynton Beach Mall is no exception, having been hit by what is dubbed the "retail apocalypse." As mall activity has steadily declined, the existing mall is no longer viable due to the advent of online shopping and resultant decline of in-person shopping. This is evidenced in a significant decline in tenancy in recent years, with occupancy rates dropping by 11.6 percent between 2015 and 2019. At this time, over a third of the mall's storefronts are vacant as traditional retailers have gone out of business or scaled back the number of brick-and-mortar stores they maintain.This lack of demand for physical shopping opportunities in the area is in spite of the City's estimated population growth rate between 2% and 2.5% during this period (Census Bureau's Population Estimates). The City has recognized that the Mall Property's current C-3 zoning district is not conducive for redevelopment as it lacks the appropriate regulatory framework and does not provide for the creativity and flexibility in design necessary for the Property to be successfully redeveloped. In fact, redevelopment of the Property is identified in the City's Strategic Plan 2018-2022(item#18). Further,the City proactively initiated a Future Land Use Amendment for the Mall Property in recognition of the fact that the Mall Property has been declining for several years and has become a blighted area. On April 16, 2019 the City Commission approved Ordinance Number 19-004 amending the Mall Property's Future Land Use designation from the DRI, Development of Regional Impact, FLUM designation to the MXL FLUM designation. This FLUM designation provides the framework required to allow for a vibrant mixed-use redevelopment of the Property. Page 2 of 9 Page 892 of 1023 DEVELOPMENT PROPOSAL AND REQUEST In accordance with the City's vision for the Property, Petitioner proposes to redevelop the Property as a mixed-use development with residential and commercial use components ("Project") to meet the increased demand for compact, walkable communities and higher density living opportunities. Specifically, Petitioner seeks to reinvent the Property as a vibrant, mixed-use"live-work-play' community with ample amenities, a variety of active and passive open spaces distributed throughout, retail, dining, church, and entertainment offerings. In order to create a vibrant community, Petitioner respectfully requests approval for the following requests: Rezoning of the Mall Property from the C-3 zoning district to the SMU,Suburban Mixed Use,zoning district consistent with the Mall Property's MXL future land use designation ("Rezoning"),and Master Plan Approval for the Property to allow a mix of uses including a maximum of 1,420 multi-family residential dwelling units, a maximum of 400 hotel rooms, +/- 628,627 square feet of shopping center uses (including +/- 482,750 square feet to remain and +/- 145,877 square feet of new development), +/- 122,733 square feet of existing Church use,+/- 19,883 square feet of fitness center use,+/-32,600 square feet of high turnover restaurant use, +/- 10,000 square feet of fast food restaurant use, +/- 65,000 square feet of general office,+/-65,000 square feet of medical office,+/-80,000 square foot existing theatre with 3,650 seats, event space,and+/-23.27 acres of Open Space ("Master Plan"). Although the +/- 7.359 acre Pine Preserve is not included in the Rezoning request, the area is included within the Master Plan and is proposed to be made accessible for passive recreational opportunities in Phase 2 of the Project. DENSITY AND INTENSITY The Project includes development of a maximum of 1,420 multi-family residential dwelling units on +/- 110.12 acres for an overall density of approximately 13 dwelling units per acre. In addition, the Master Plan is designed to provide for a maximum of 400 hotel rooms,+/-628,627 square feet of shopping center uses (including +/-482,750 square feet to remain and +/- 145,877 square feet of new development), +/- 122,733 square feet of existing Church use, +/- 19,883 square feet of fitness center use, +/-32,600 square feet of high turnover restaurant use, +/- 10,000 square feet of fast food restaurant use, +/-65,000 square feet of general office,+/-65,000 square feet of medical office,+/-80,000 square foot existing theatre with 3,650 seats, event space, and +/-23.27 acres of Open Space. VEHICULAR AND PEDESTRIAN CONNECTIVITY The existing development includes a sea of parking with a striking lack of pedestrian connectivity, landscaping, and active recreation areas that speaks to the age and outdated nature of the current development. The Project is designed to create a vibrant mixed-use environment with walkability as a core principle and features a pedestrian circulation network providing safe, efficient, and enjoyable pedestrian connections throughout the entire Property.The Project's design offers residents and visitors ample active and passive open spaces and continuous pedestrian access to the cultural and shopping amenities. The proposed Main Street axis and east-west pedestrian circulation system will offer greater Page 3 of 9 Page 893 of 1023 connectivity and a walkable environment for the Project's residents and visitors alike, while at the same time maintaining the sense of privacy and security for the residents in the multi-family components of the Project that is necessary for a high quality of life. The Project proposes gateways to the community through the existing North Congress Avenue entries, which will provide a strong sense of place. In addition, the proposed Main Street section provides for ample pedestrian access, bicycle infrastructure, and pedestrian landscape features. Provision of east-west pedestrian connections in each north-south quadrant of the Mall Property will promote placemaking within the central Main Street area by providing for linear parks and offering users active open green space throughout community. In addition, the northern access pedestrian circulation plan along the multi-family residences provide a more urban yet park-like setting with the provision of an amenity area including a street tree area, wide sidewalks, and active use area that significantly exceeds the code requirements for an SMU development. In all, the Project provides proximity to amenities and services, as well as creating a needed sense of a vibrant, diverse community that offers a space for the area's diverse demographics to come together. BUILDING MASSING AND HEIGHT The Project is designed in compliance with the City's SMU zoning regulations and provides a maximum building height of 55 feet for the stand-alone residential and commercial components and a maximum building height of 75 feet for the proposed vertically integrated buildings. PHASING The Project proposes development in five (5) phases with development occurring first in the northern portion of the Property as is shown on Sheet MP-5. Phase 1 is located in the northernmost portion of the Property and comprises a multi-family residential component and northern access from Congress Avenue. This phase is anticipated to be developed within the next 24 to 36 months. Phase 2 includes the vertically integrated mixed uses surrounding the existing Theatre and central driveway connection to Congress Avenue. Phase 3 includes stand-alone residential and commercial uses, activation of the Pine Preserve for passive recreational use, and provision of a pedestrian connection along the west side of the Property from the northern portion of the Property to Old Boynton Road. Phase 4 includes a combination of existing and new commercial uses, hotel, vertically integrated mixed uses, and open space in the area south of Phase 2. Phase 5 includes the remaining commercial and open space uses in the southeast portion of the Property. As detailed above, Phase 1 is anticipated to begin upon approval of this Rezoning and Master Plan with a Site Plan anticipated to be submitted concurrent with this request. The ultimate development of the remaining phases will be guided by changes in market demands over the course of the coming decade. It is important to note that each of the phases includes a portion of the proposed open space components such that they are equitably distributed throughout the Property. REZONING AND MASTER PLAN CRITERIA In accordance with the Section III.2.II.2.D of the City's Code, Petitioner will demonstrate below that the Rezoning and Master Plan: a) is needed; b) is consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans,and Land Development Regulations;c) is not contrary to the established land use pattern, nor would it create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications or constitute a grant of special privilege to Petitioner as contrasted with the protection of the public welfare; d) supports the integration of a mix of land uses consistent with smart growth and sustainability initiatives with an emphasis on 1) complementary land Page 4 of 9 Page 894 of 1023 uses, 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties; e) does not exceed the availability of Public Services/Infrastructure; f) is compatible with the current and future use of adjacent and nearby properties, will not negatively affect the property values of adjacent and nearby properties and is of a scale that is reasonably related to the needs of the neighborhood and the City as a whole; g) furthers the implementation of the Economic Development(ED) Program, (2) contribute to the enhancement and diversification of the city's tax base, (3) respond to the current market demand or community needs or provide services or retail choices not locally available, (4) create new employment opportunities for the residents, with pay at or above the county average hourly wage, (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; h) does not involve rezoning to a traditional zoning district and therefore is not subject to review for the conditions within this criterion for furthering the City's Economic Development Program; i) will not reduce the amount of land available for commercial development; j) no alternative sites are available elsewhere in the City in zoning districts that already allow the proposed use; and k)shall comply with the requirements of the SMU zoning district and the site development standards of Section 111.3.111.4.D. a. Demonstration of Need.Approval of the Rezoning Application is necessary in order to develop the Project. As described above, the Property is unique in size and nature as it is the location of a regional mall development. The Mall Property is developed as a +/- 1,285,722 square foot traditional shopping mall, including+/-1,034,745 of retail use,+/-7,600 square feet of restaurant use, +/- 20,761 square feet of auto repair use, +/- 19,883 square feet of fitness center use, a +/- 122,733 square foot church, and an +/- 80,000 square foot theatre with 3,650 seats. The rise in online shopping has drastically altered the consumer market and the demand for in-store shopping has plummeted in recent years. The Boynton Beach Mall is no exception, having been hit by what is dubbed the "retail apocalypse." As mall activity has steadily declined, the existing mall is no longer viable due to the advent of online shopping and resultant decline of in-person shopping.This is evidenced in a significant decline in tenancy in recent years,with occupancy rates dropping by 11.6 percent between 2015 and 2019. At this time, over a third of the mall's storefronts are vacant as traditional retailers have gone out of business or scaled back the number of brick-and-mortar stores they maintain.This lack of demand for physical shopping opportunities in the area is in spite of the City's estimated population growth rate between 2%and 2.5%during this period (Census Bureau's Population Estimates). Concurrent with the decline of traditional mall development, two demographics that comprise a significant portion of the area's population, Millennials and the aging senior population, are growing in number and clout and are increasingly demanding more walkable, livable communities - a demand which the Property is able to satisfy with the appropriate regulatory framework allowing for mixed use development. The City has recognized that the Mall Property's current C- 3 zoning district is not conducive for redevelopment as it lacks the appropriate regulatory framework and does not provide for the creativity and flexibility in design necessary for the Property to be successfully redeveloped. In fact, redevelopment of the Property is identified in the City's Strategic Plan 2018-2022(item#18). Further,the City proactively initiated a Future Land Use Amendment for the Mall Property in recognition of the fact that the Mall Property has been declining for several years and has become a blighted area. On April 16, 2019 the City Commission Page 5 of 9 Page 895 of 1023 approved Ordinance Number 19-004 amending the Mall Property's Future Land Use designation from the DRI, Development of Regional Impact, FLUM designation to the MXL FLUM designation. This FLUM designation provides the framework required to allow for a vibrant mixed-use redevelopment of the Property. Approval of Petitioner's Rezoning and Master plan requests will provide a zoning district consistent with the Property's MXL future land use designation. Considering the foregoing, approval of the Rezoning and Master Plan application is necessary in order to develop the Project. b. Consistency. The proposed Rezoning is consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. As described above, the City recently changed the Mall Property's FLUM designation from DRI to MXL. The existing C-3 zoning is inconsistent with the mixed-use intent of the MXL FLUM designation. The requested Rezoning is consistent with the intent of the new MXL future land use designation as it will allow for the redevelopment of the Property to become a vibrant, mixed-use community that will better meet the needs of the City's current and future residents. The proposed Rezoning promotes Policy 1.3.1 of the City's Future Land Use Element ("FLUE") by promoting compact development and safe and pedestrian-friendly streets. The Project is also designed to comply with the dimensional requirements in the City's Comprehensive Plan and Land Development Regulations with a maximum height of fifty-five feet(55')for perimeter buildings, a maximum height of seventy-five feet (75') for interior vertically integrated mixed use buildings, and a maximum residential density of twenty(20)dwelling units per acre for the Property subject to approval of the SMU rezoning application. In addition to the foregoing,the Project furthers the following Comprehensive Plan objectives and policies: FLUE Objective 1.7: The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. Policy 1.7.2: The City shall encourage land assembly to promote large- scale redevelopment and infill projects. Policy 1.7.3: The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. FLUE Objective 1.8 The City shall discourage urban sprawl by continuing to promote a compact urban development pattern that provides opportunities to more efficiently use of infrastructure, land, and other resources and services. Policy 1.8.2: The City shall discourage urban sprawl by: A) Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B) Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. Page 6 of 9 Page 896 of 1023 FLUE Objective 1.18: The City shall encourage transit-supportive land development patterns to promote multi-modal transportation and increased mobility. c. Land Use Pattern.The proposed Rezoning is not contrary to the established land use pattern, nor will it create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications or constitute a grant of special privilege to Petitioner as contrasted with the protection of the public welfare. In addition to the compatible future land use designation,zoning and existing use of surrounding properties, the physical scale of the Project is complimentary to the established land use pattern. Specifically, The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single- family community to the west.The properties that are contiguous to the east of the Property are commercial uses with primarily commercial development located across North Congress Avenue to the east.The properties located to the northeast and south of the Property are also developed for commercial use, while the properties located to the west and northwest of the Property are developed as single family homes. The Project's perimeters will include significant open space and landscape buffers that will provide sufficient transition to the lower-intensity residential communities surrounding the Property. The existing use of the Mall Property is less compatible with the proposed use, as it currently stands as a largely underutilized commercial center with a "sea of parking" surrounding the mall.Considering the foregoing,the proposed Project will better serve the area as a live-work-play lifestyle center offering surrounding residents with ample cultural and open space amenities. d. Sustainability. Approval of the proposed Rezoning and Master Plan supports the integration of a mix of land uses consistent with smart growth and sustainability initiatives. In particular,approval of the Rezoning application promotes a mix of complementary land uses in the area, a smart growth principle that is a "critical component to achieving better places to live" according to the Smart Growth Network. As described above, the uses immediately surrounding the Property are primarily residential and commercial. Approval of the proposed Rezoning will allow for the renovation and expansion of a complementary mix of land uses and will increase access to alternative modes of transportation by creating a compact mix of commercial, residential, and recreational uses providing a base to help support the efficient use of land and public services in the City. In addition, the Project is designed to foster interconnectivity within the Project and between adjacent properties. The design of the Project also provides space for landscaping and a comprehensive pedestrian network throughout the community, and it will both satisfy demand for housing with the provision of efficient, high-quality and higher-density housing opportunities, and bring a vibrant lifestyle center to the area. Approval of the proposed Rezoning and Master Plan will allow for a complementary mix of uses that supports alternative modes of transportation and provides interconnectivity within the Project and between adjacent properties. e. Availability of Public Services/Infrastructure. Petitioner will ensure the provision of adequate public services and infrastructure necessary to support the Project through the Site Plan application process required in order to develop the Project. Page 7 of 9 Page 897 of 1023 f. Compatibility.Approval of the proposed Rezoning and Master Plan is compatible with the current and future use of adjacent and nearby properties; will not negatively affect the property values of adjacent and nearby properties; and is of a scale that is reasonably related to the needs of the neighborhood and the City as a whole. The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single-family community to the west. The properties that are contiguous to the east of the Property are commercial uses with primarily commercial development located across North Congress Avenue to the east.The properties located to the northeast and south of the Property are also developed for commercial use, while the properties located to the west and northwest of the Property are developed as single family homes. As discussed in sections (c) and (d) above, the proposed Rezoning is compatible with the current and future use of the adjacent residential and commercially used properties. The proposed Rezoning will not negatively affect surrounding property values; rather,the Smart Growth Network advises that"siting commercial areas close to residential areas can [actually] raise property values". Considering the foregoing, the proposed Rezoning and Master Plan is consistent and compatible with the surrounding area, will not affect surrounding property values and is of a scale that relates to the needs of the neighborhood and City as a whole. g. Direct Community Sustainability and Economic Development Benefits. The approval of the proposed Rezoning and Master Plan will further implementation of the Economic Development (ED) Program, (2) Contribute to the enhancement and diversification of the city's tax base, (3) Respond to the current market demand or community needs or provide services or retail choices not locally available, (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage, (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.The proposed Project will promote the Economic Development Program by diversifying and reactivating the Mall Property as a strong commercial and community center for the City's residents.The Project proposes a mix of uses, including multifamily residential and a hotel component alongside +/- 1,023,843 square feet of non-residential uses. The existing mall use has +/-+/- 1,285,722 square feet of non-residential uses, 36.8 percent of which stands vacant. Redeveloping the mall as a mixed-use, live-work-play community with commercial uses integrated therein will better meet the needs of the City and reinvigorate the Mall Property's economic base. As such, the proposed Project will both enhance and diversify the city's tax base through new office, commercial, and residential uses,and in doing so will respond to the current market demand and community needs by providing new services, housing, and retail choices not otherwise locally available or captured by the existing mall use. Further, by reactivating the declining Mall Property with new commercial, office, and hotel uses, the Project will create new employment opportunities for the area's residents. Further, The Project will promote the use of innovative methods and technologies, specifically those contributing to sustainability through the development of a mixed-use community that drives efficient, new-urbanist lifestyle practices by providing a single place where users can enjoy a variety of services and amenities. In addition, by offering local residents a place for recreation,shopping,and leisure,as well as ample pedestrian circulation and open spaces,the Project will serve the community as a transition to the less intense residential communities to the Page 8 of 9 Page 898 of 1023 west and northwest, and the commercial developments to the south and across North Congress Avenue to the east. As such, the Project will be complementary to existing surrounding uses and promote synergy effects throughout the area. Finally, an ailing mall in steady decline over the last decade,the redevelopment of the mall into a mixed-use community center will and alleviate the blight and economic obsolescence that the Mall Property currently faces, while better meeting the needs of the City's growing community. h. Economic Development Impact Determination for Conventional Zoning Districts. This criteria is applicable to applications requesting to rezone to a conventional zoning district only. Considering that the Rezoning Application seeks approval to rezone to an SMU planned zoning district, this criterion does not apply. That being said, the proposed Project will further the City's Economic Development Program by proving new housing opportunities and a mix of commercial uses. i. Commercial and Industrial Land Supply.Approval of the Rezoning and Master Plan will not reduce the net commercial land area in the City; rather,the proposed Rezoning and Master Plan will allow for the renewal of the existing Mall Property by revitalizing a persistently declining commercial center with a mix of both stand alone residential,commercial, hotel,theater,and church uses and vertically integrated mixes uses. The Project therefore increases the employment potential and valuation of the Property beyond what it provides in its current use. j. Alternative Sites. There are not sites available elsewhere in the City in zoning districts which already allow the desired use. As described above, the Mall Property is a unique property with no other like it in the City. The Mall Property is experiencing steady decline and no longer meets the community's needs. Petitioner wishes to revitalize the Property with uses that satisfy the demand and desires of the community, and the size of the Mall Property makes it most suitable for the scale of the proposed Project. Approval of the Rezoning and Master Plan will allow for the Project, which is only possible on the Property as there are no other existing sites of comparable size and suitability for redevelopment available in the City. k. Master Plan and Site Plan Compliance with Land Development Regulations.The Project complies with the site development standards of the Section 111.3.111.4.D. of the City's Code and will provide specific details through the required Site Plan Application approval process subsequent to the approval of the proposed Rezoning. Page 9 of 9 Page 899 of 1023 CO co C) U) 0 U F 0 Z Z Z 0 Lu (L o 0 Lij fe z z w LLI -C 0. w x > 20 . 0, 0 0 OUR T<Lu 16 (:)(.) < 0),� 2�n Lu a U5;: S or" 44 WK W -"FO1� VFNAIIATH Ilk Z " o A � Ad A?- .. ..... 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C,3 zQ6 D <c jz 0- O co N < LU C -11 81 R co C) z,7 0, X M (0 Q) In Z Z Z LU Lu Z3 co-Q 2 q- Q C',Tj m w A c, U) ty Z) LZ Q) -ZtUUaNaZQU U) ro -C3 cu xm 'Zo cu m G cu o �o q z Q) Q) Z (D Q, Q co 2 2 z -2 cc 0 mx cc '0@ 1 . 0- + U- U) w C) w U) 0- ro U) D LU -s-Z,7 Q, m E� C) 0) cz z LU < U) 0- Q) ca Tz, m 0 U Ca > U) ID X Q) (D cm 0 a m m m CD n Ir T LLI [2 C)--j m :� C) C)co F a- LU z EXHIBIT "D" Conditions of Approval Project Name: Boynton Beach Mall File number: MPMD 19-004 Reference: 31d review plans identified as a Master Plan Modification with a November 19, 2019 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. A traffic approval letter from Palm Beach County Traffic Engineering X is required prior to final approval of the Rezoning and Master Plan amendment. Should the approval letter require changes to the Master Plan, no permits shall be issued until those changes have been completed and approved by staff. 2. A school concurrency approval letter is required prior to final X approval of the Rezoning and Master Plan amendment. Page 906 of 1023 Boynton Beach Mall (MPMD 19-004) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 3. The maximum square footage allowances depicted for the individual X use types as outlined within the Traffic Study will be the limiting factor relative to the density and intensity of proposed uses depicted on the Master Plan. 4. The Plant Palette depicted on Sheet MP-6 is representative and not X comprehensive, and may be altered as a result of further staff review and comment as individual projects are reviewed. 5. Parking details will be reviewed within the individual phase approvals X and as part of any Shared Parking Study submitted in the future. 6. An update to the Master Sign Program for the Mall will be required X before any permanent sign permits are issued. 7. Further Departmental reviews and comments will be provided during X the analysis of site plan submittals associated with each phase. 8. It is the applicant's responsibility to ensure that the application X requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/COMMITMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004 BB Mall Master Plan\Staff Report\MPMD 19-004 COA.doc Page 907 of 1023 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Mall (MPMD 19-004) APPLICANT: Bonnie Miskel, Esq., Dunay, Miskel and Bachman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 21, 2020 APPROVAL SOUGHT: Request for Master Plan Modification for the Boynton Beach Mall consisting of retail, residential, hotel, restaurant and office uses in conjunction with existing church, fitness center and movie theater uses, in the SMU (Suburban Mixed Use) zoning district. LOCATION OF PROPERTY: 801 N. Congress 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 "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\Boynton Beach Mall Redevelopment\MPMD 19-004\DO.doc Page 908 of 1023 9.A. CITY MANAGER'S REPORT 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Award of the City of Boynton Beach Entrepreneurship and Business Incubation Grants in the amount of$30,000 to the three (3)first ranked grant applicants in the three (3) categories that received responses and provide consensus with staff recommendation to redirect the remaining funding, in the amount of$20,000, to support the future City Hall Innovation Space programs and infrastructure. Explanation of Request: Business incubation is a tool for the creation of a competitive small business sector. Business incubators provide fledgling businesses with shared access to infrastructure, data and information, communication technologies, and access to business services, financing, and mentorship during their critical start-up or early-stage period. They enable job and small enterprise creation as well as the commercialization of innovation with immense social value. The City is seeking to support business incubators in the form of grant financing for a total of$10,000 per grant. The City publicized the grant opportunity through its website, social media, and direct email to stakeholder partners such as the Business Development Board, Boca/Boynton Beach Chamber of Commerce, Palm Beach State College, South Tech, and others. The grant application period opened on January 22, 2020 and closed on February 17, 2020. Two organizations responded to three (3) different grant categories. An internal team of city and CRA staff was formed to evaluate each grant submitted based on the published evaluation criteria for each grant category. Once all grant applications were received, they were distributed to the grant evaluation team for independent review and scoring. The total scores were tallied and ranked as follows: Business Incubation Grant Program-Women: 1st - Be.Lead.Grow., LLC 2nd - GBDC Entrepreneurship Institute Business Incubation Grant Program- Minority: 1st - Be.Lead.Grow., LLC 2nd - GBDC Entrepreneurship Institute Youth Entrepreneurship Business Incubation Grant: 1st - GBDC Entrepreneurship Institute How will this affect city programs or services? Approval of staff's recommendations would allow the City's Department of Economic Development and Strategy to support business incubators that will incubate businesses located in the City of Boynton Beach. This will help create a competitive small business sector, support job and small business creation, and build a foundation of support and access to resources that will allow established and start-up small businesses to succeed now and in the future. Fiscal Impact: Budgeted The City budgeted $50,000 for the Entrepreneurship and Business Incubation Grant Program. Within the grant program, $40,000 for Business Incubators that focus on women, youth, technology, and minority-owned businesses, and $10,000 for 4 individual grants of$2,500 to Working Groups Page 909 of 1023 on Entrepreneurship in a given focus area. The City has established four focus areas in entrepreneurship: Sustainability, Hospitality/Tourism, Health, and the Gig-Economy for Entrepreneurship. Alternatives: Do not approve staff's grant recommendations. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Yes Grant Amount: $30,000 ATTACHMENTS: Type Description D Attachment Youth Entrepreneur Business Incubation Grant Guidelines D Attachment Business Incubation Grant Guidelines D Attachment Working Groups Grant Guidelines D Attachment Entrepreneurship and Business Incubation Grant Program Scoring Criteria D Attachment Grant Scoring and Final Rankings D Agreement Grant Agreement D Grant Application Grant Application - GBDC Entrepreneurship Institute- Youth D Grant Application Grant Application - GBDC Entrepreneurship Institute- Minority D Grant Application Grant Application - GBDC Entrepreneurship Institute- Women D Grant Application Grant Application - Be.Lead,Grow- Women D Grant Application Grant Application - Be.Lead.Grow- Minority D Attachment Presentation of Grant Awards Page 910 of 1023 The City of Boynton Beach Youth Entrepreneurship Business Incubation Grant Program 2019-2020 Grants —Youth Entrepreneur Business Incubation I. Introduction Business incubation can be a powerful tool for economic development and entrepreneurship. Incubators specialize in helping start-up and early stage businesses by providing resources such as office space, legal counsel, access to financing options like venture capital, and mentorship. Business incubators can provide entrepreneurs with a supportive environment that can help scale up their business. In line with its mission, the City of Boynton Beach Department of Economic Development and Strategy will provide support in the form of grant financing to business incubators who incubate young entrepreneurs. In Fiscal Year 2018-2019 the City awarded four (4) grants to Working Groups on entrepreneurship that were tasked with creating a report that identified the challenges and barriers entrepreneurs face when starting and growing a business in Boynton Beach. One (1) of the reports analyzed youth entrepreneurship and the changes young people face when trying to start and growing a business. Generally, their Final Report identified key challenges encounter by young individuals in interested in entrepreneurship and starting a business. In Fiscal Year 2019-2020, the City is seeking to support a Youth Entrepreneur Business Incubator that will address these key challenges: — Entrepreneurial goal setting — Training opportunities and entrepreneurial experiences — Business Education — Business and Entrepreneurship Mentorship Program The grant will be a maximum of $10,000. The $10,000 is intended to educate young entrepreneurs on how to start and grow a business, as well as, provide real-world experiences with local entrepreneurs. The selected grant recipient will be required to submit a 4-Month Milestones and Goals Report, an 8-Month Milestones and Goals Report, and a Final Milestones and Goals Report. II. Grant Timeline *Anticipated Grant Period:January 22, 2020—September 30, 2020. *Anticipated Grant Advertisement:January 22, 2020 *Anticipated Application Deadline: February 17, 2020 *Anticipated Announcement to Grantee: February 18, 2020 *Anticipated Grant Start Date: February 24, 2020 Page 911 of 1023 III. Definitions Youth Entrepreneurs—individuals age 12-22 who own a business or would like to start a business Youth Entrepreneur Business Incubator — an organization that educates and trains young individuals on business operations such as financial management, human resources, marketing, and how to start and operate a business. IV. Objective The objective of this grant is to educate youth entrepreneurs on how to start and grow a business. Entrepreneurs have to understand every aspect of their business from financial management and logistics to marketing and human resources. This grant will provide support in the form of a $10,000 grant to create a curriculum and program to educate and training young entrepreneurs. V. Grant Opportunity and Eligibility Requirements Business Incubation for Youth Entrepreneurs Grant Amount: $10,000 The City of Boynton Beach may select one grant application in this category in an amount not to exceed $10,000 to a Youth Entrepreneur Business Incubator that serves to educate and train young individuals on entrepreneurship. The grant funds will be disbursed against agreed upon deliverables satisfactory to the City of Boynton Beach. Eligibility This grant will go to an eligible Youth Entrepreneur Business Incubator (defined in Section III.) that incubates youth entrepreneurs in Boynton Beach. In addition, the following requirements apply to all Business Incubator categories: • Applicants may be a for-profit organization, non-profit organization, or NGO. • The grant funds may only be used to support Boynton Beach-based youth entrepreneurs. Before grant funds are distributed, the grantee must submit a list of all Boynton Beach businesses that are joining your incubator (this does not apply to the Youth Entrepreneur Business Incubator) • Applicants must be an organization legally established and in good standing • No outside funds may come from the Boynton Beach Community Redevelopment Agency. Page 912 of 1023 • City of Boynton Beach grant funds may not be used to pay any government employees, purchase alcohol or food items. VI. Application and Review Process 1. Applications will be available online at WhyBoynton.com starting January 17, 2020. The last day to submit an application will be February 7, 2020. 2. Each application submitted to the City will be sent to the Department of Economic Development and Strategy to conduct a preliminary review to confirm the applicant's eligibility. 3. Once all applications are reviewed by the Department of Economic Development and Strategy, they will be sent to the City's Grant Evaluation Committee for review and scoring. 4. The Grant Evaluation Committee will review each application according to established criteria and make preliminary funding recommendations to the City Commission. 5. City Commission may either approve or deny staff's recommendation, and the grant winners may be announced at the City Commission Meeting on February 18, 2020. 6. Grant recipients shall sign a grant agreement with the City. 7. Upon execution of the grant agreement by the City, the funds may be distributed in full ($10,000) to the grant recipient. 8. The grant recipient shall submit reports to the City in accordance with the timeline identified in Section Two (II) and explained in Section Eight (VII). VII. Grant Evaluation Criteria Successful Applicants will incorporate the following considerations into their proposal. Maximum Points Available = 100 Incubator Design (35 points) • Are the key challenges, identified by the City, addressed? If so, how will they address those challenges? • Do the incubator's proposed services address the goal of the category grant? • What are the expected immediate outputs, short, medium and long-term goals for young entrepreneurs as cohorts in your incubator? • How will the proposed services achieve these results? • How will the incubator's structure contribute to its success? • Are the activities likely to result in stated outputs/outcomes? • Are metrics used to determine how successful the incubator is at incubating cohorts? If so, are those metrics clearly stated? • Are outputs presented with measurable metrics? • Are outcomes presented with measurable metrics? • What makes your incubator innovative? Page 913 of 1023 Sustainability (10 points) • How likely is it that the services/benefits the incubator provides to Boynton Beach youth entrepreneurs will continue after the life of the grant? • Does the incubator identify ways it will continue to incubate Boynton Beach youth entrepreneurs after the life of the grant? • Are the long-term goals for youth entrepreneurs clearly defined? Organizational Capacity (30 points) • Does the applicant have sufficient motivation and capacity to incubate youth entrepreneurs and manage the incubator and achieve its mission and goals? • Does the applicant have, or have the ability to hire staff(full-time and part-time) and volunteers with the necessary skills, expertise and experience? • Does the applicant and staff have the necessary skills and experience to contribute to the business incubator's goal of incubating Boynton Beach youth entrepreneurs? • Does the applicant demonstrate sufficient resources, equipment, and staff? • Does the applicant demonstrate experience/success with similar project/program? Financial Plan (30 points) • Are the potential financial expenditures clearly defined and justified? • Do planned costs ensure optimal delivery of proposed services to youth entrepreneurs? • How reasonable are the costs related to the results to be achieved? VIII. Reporting Requirements (Deliverables) Applicants selected by the City for receipt of a Business Incubation Grant are required to produce the following: 4-Month Milestones and Goals Report —This report will describe the progress of the Boynton Beach youth entrepreneurs using the baseline metrics identified in your application through their first four (4) months as cohorts of the incubator. This report will be due on June 24, 2020. 8-Month Milestones and Goals Report—This report will describe the progress of the Boynton Beach youth entrepreneurs using the baseline metrics identified in your application through their first eight (8) months as cohorts of the incubator. This report will be due on October 24, 2020. Final Milestones and Goals Report—This report will identify and describe the program used to incubate Boynton Beach young entrepreneurs and describe the progress of those entrepreneurs using the baseline metrics identified in your application over the last twenty(20) months of your business incubation program. This report will be submitted to the City twenty (20) months after the young entrepreneurs joined your incubation program. Page 914 of 1023 The City of Boynton Beach Entrepreneurship and Business Incubation Grant Program 2019-2020 Grants - Business Incubation I. Introduction Business incubation can be a powerful tool for economic development and entrepreneurship. Incubators specialize in helping start-up and early stage businesses by providing resources such as office space, legal counsel, access to financing like venture capital, and mentorship. Business incubators can provide entrepreneurs with a supportive environment that can help scale up their business. In line with its mission, the City of Boynton Beach Department of Economic Development and Strategy will provide support in the form of grant financing to business incubators who incubate Boynton Beach businesses. In Fiscal Year 2018-2019 the City awarded four (4) grants to Working Groups on entrepreneurship that were tasked with creating a report that identified the challenges and barriers entrepreneurs face when starting and growing a business in Boynton Beach. Generally, their Final Reports identified four(4) key challenges entrepreneurs encounter when starting and successfully growing a business. In Fiscal Year 2019-2020, the City is seeking to support Business Incubators that will address these key challenges: — Capital and Funding — Business Education — Online Presence and E-Commerce — Infrastructure and Affordable Space There are three (3) separate grants intended for Business Incubators that are focused on either woman, technology, or minority owned businesses. Each grant will be a maximum of $10,000. The $10,000 is intended to off-set the cost/fees of the incubator program for Boynton Beach- based businesses.The grant funds are not intended to support the overall business incubator or solely fund a business incubator. The selected grant recipient will be required to submit a 4- Month Milestones and Goals Report, an 8-Month Milestones and Goals Report, and a Final Milestones and Goals Report (See Section Eight (VIII) below for more information). Category Business Incubator Working Groups Funding Amount (Max) (Grant Categories) (a) Business Incubators for Women-Owned $10,000 businesses (b) Business Incubators for Technology Companies $10,000 (c) Business Incubators for Minority-Owned $10,000 businesses Page i of 6 Page 915 of 1023 II. Grant Timeline *Anticipated Grant Period:January, 212020—September 30, 2020. *Anticipated Grant Advertisement:January 21, 2020 *Anticipated Application Deadline: February 7, 2020 *Anticipated Announcement to Grantee: February 18, 2020 *Anticipated Grant Start Date: February 24, 2020 III. Definitions Business Incubator - an organization that helps new and start-up companies grow and develop by providing resources such as: physical space, access to financing, legal support, accounting/financial management mentoring, IT infrastructure, business development, networking opportunities, and marketing. Cohort Identification List — a list of all Boynton Beach-based businesses that are joining your business incubator program pursuant to this grant Women-Owned Business—a business that is at least 51% owned and controlled by women. Minority-Owned Business — a business that is at least 51% owned and controlled by an individual(s) of a minority group. For the purpose of this grant, a minority group is defined as: African American, Hispanic American, Asian American and Native American. Technology Companies—a company whose primary business is selling or producing tech or tech services. IV. Objective The core objective of the 2019-2020 Business Incubation Grants are to strengthen a business incubator's capacity to serve Boynton Beach businesses and support their financial viability and growth. Your application should describe your experience, current and past, in addressing the four (4) challenges identified by the City and how you will help Boynton Beach businesses succeed. An integral component of the incubator's activities should include effective monitoring and evaluation of operations to ensure delivery of valuable services to Boynton Beach businesses, measuring the impact of those services, and to monitor the progress and sustainability of the businesses on a regular basis. Other activities should include mentoring Boynton Beach businesses, providing staff and resources, and facility use. V. Grant Opportunities a.) Business Incubation for Women-Owned Businesses Grant Amount: $10,000 Page 2 of 6 Page 916 of 1023 The City of Boynton Beach will select one grant application in this category in an amount not to exceed $10,000 that serves to incubate women-owned businesses. The grant will be disbursed against agreed upon deliverables satisfactory to the City of Boynton Beach. Eligibility The Category A Grant will go to an eligible business incubator that incubates Boynton Beach- based women-owned businesses. b.) Business Incubation for Technology Companies Grant Amount: $10,000 The City of Boynton Beach will select one grant application in this category in an amount not to exceed $10,000 that serves to incubate technology companies.The grant funds will be disbursed against agreed upon deliverables satisfactory to the City of Boynton Beach. Eligibility The Category B Grant will go to an eligible business incubator that incubates Boynton Beach- based technology companies. c.) Business Incubation for Minority-Owned Businesses Grant Amount: $10,000 The City of Boynton Beach will select one grant application in this category in an amount not to exceed $10,000 that serves to incubate businesses that are minority-owned.The grant funds will be disbursed against agreed upon deliverables satisfactory to the City of Boynton Beach. Eligibility The Category C Grant will go to an eligible business incubator that incubates Boynton Beach- based minority-owned businesses. VI. Application and Review Process 1. Applications will be available online at www.WhyBoynton.com starting February 17, 2020. The last day to submit an application will be February 7, 2020. 2. Each application submitted to the City will be sent to the Department of Economic Development and Strategy to conduct a preliminary review to confirm the applicant's eligibility. Page 3 of 6 Page 917 of 1023 3. Once all applications are reviewed by the Department of Economic Development and Strategy, they will be sent to the City's Grant Evaluation Committee for review and scoring. 4. The Grant Evaluation Committee will review and score each application according to established criteria and make preliminary funding recommendations to the City Commission. 5. City Commission may either approve or deny staff's recommendation, and the grant winners will be announced at the City Commission Meeting on February 18, 2020. 6. Grant recipients shall sign a grant agreement with the City. 7. Upon execution of the grant agreement by the City, the applicant must submit a Cohort Identification List (See Section Eight (VIII) below for more details). 8. As soon as the City receives the grant recipient's Cohort Identification List their grant funds may be distributed in full ($10,000). 9. The grant recipient shall submit reports to the City in accordance with the timeline identified in Section Two (II) and explained in Section Eight (VIII). VII. Grant Evaluation Criteria Successful Applicants will incorporate the following considerations into their proposal. Maximum Points Available = 100 Incubator Design (25 points) • Are the four (4) key challenges, identified by the City, addressed? If so, how will they address those challenges? • Do the incubator's proposed services address the goal of the category grant? • What are the expected immediate outputs, short, medium and long-term goals for Boynton Beach businesses as cohorts of the incubator? • How will the proposed services achieve these results? • How will the incubator's structure contribute to its success? • Are the activities likely to result in stated outputs/outcomes? • Are metrics used to determine how successful the incubator is at incubating cohort businesses? If so, are those metrics clearly stated? • Are outputs presented with measurable metrics? • Are outcomes presented with measurable metrics? • What makes your incubator innovative? • How long is your incubation program? Scalability (15 points) • Does the incubator demonstrate scalability for Boynton Beach businesses? • How will the incubator help scale-up Boynton Beach businesses? • Does the incubator demonstrate growth in the larger Boynton Beach business community? Page 4 of 6 Page 918 of 1023 • How are metrics used to determine and measure your cohort's scalability? Sustainability (15 points) • How likely is it that the services/benefits the incubator provides to Boynton Beach businesses continue after the life of the grant? • Does the incubator identify ways it will continue to incubate Boynton Beach businesses after the life of the grant? • Are the long-term goals for cohort businesses clearly defined? Does the incubator have a defined strategic plan to successfully reach these long-term goals? • What is the success rate for businesses as members of the incubator? • What is your average cohort graduation rate? Organizational Capacity (20 points) • Does the applicant have sufficient motivation and capacity to incubate Boynton Beach businesses and manage the incubator and achieve its mission and goals? • Does the applicant have, or have the ability to hire staff (full-time and part-time) and volunteers with the necessary skills, expertise and experience? • Does the applicant and staff have the necessary skills and experience to contribute to the business incubator's goal of incubating Boynton Beach businesses? • Does the applicant demonstrate sufficient resources, equipment, and staff? • How many businesses have you incubated over the last year, 2 years, and 3 years? Financial Plan (15 points) • Are the potential financial expenditures clearly defined and justified? • Do planned costs ensure optimal delivery of proposed services to Boynton Beach businesses? • How reasonable are the costs related to the results to be achieved? References (10 points) • Submission of incubator reference letters from existing cohorts or program graduates. VIII. Reporting Requirements (Deliverables) Applicants selected by the City for receipt of a Business Incubation Grant are required to produce the following: Cohort Identification List—The City requires a list of all Boynton Beach-based businesses that are joining your business incubator program through this grant. We will need a Business Tax Receipt (BTR) for all Boynton Beach-based businesses and the baseline metrics you identified in your grant application for each business joining your program. Page 5 of 6 Page 919 of 1023 4-Month Milestones and Goals Report —This report will describe the progress of the Boynton Beach businesses using the baseline metrics identified in your application and Cohort Identification List through their first four (4) months as a member of the program. This report will be due on June 24, 2020. 8-Month Milestones and Goals Report—This report will describe the progress of the Boynton Beach businesses using the baseline metrics identified in your application and Cohort Identification List through their first eight (8) months as a member of the program. This report will be due on October 24, 2020. Final Milestones and Goals Report—This report will identify and describe the program used to incubate Boynton Beach businesses and describe the progress of those businesses using the baseline metrics identified in your application and Cohort Identification List over the last twenty (20) months as a member of the program. This report will be submitted to the City twenty (20) months after the businesses joined your incubation program. IX. Additional Eligibility Criteria —Applies to All Business Incubators In addition, the following requirements apply to all Business Incubator categories: • Applicants may be a for-profit organization, non-profit organization, or NGO. • The grant funds may only be used to support Boynton Beach businesses. Before grant funds are distributed, the grantee must submit a list of all Boynton Beach businesses that are joining your incubator (this does not apply to the Youth Entrepreneur Business Incubator) • Applicants must be an organization legally established and in good standing • No outside funds may come from the Boynton Beach Community Redevelopment Agency. • City of Boynton Beach grant funds may not be used to pay any government employees, purchase alcohol or food items. Page 6 of 6 Page 920 of 1023 The City of Boynton Beach Entrepreneurship Working Group Grant Grants - Working Groups on Entrepreneurship in Sustainability, Tourism and Hospitality, Health, and the Gig Economy I. Introduction The City of Boynton Beach recognizes that the state of entrepreneurship is changing as new industries and opportunities are created through advances in technology. Entrepreneurs are shifting away from old business models and creating businesses that not only make a profit but help find solutions to some of our greatest societal challenges. The City of Boynton Beach Department of Economic Development and Strategy will provide support in the form of grant financing to Working Groups on entrepreneurship. With the growing effects of climate change and sea level rise, sustainability has become a high priority for our city, which can create opportunities for entrepreneurs. As a coastal city with attractive year-round climate, tourism plays a large role in our local economy. Entrepreneurs in the health industry have a unique opportunity to create businesses that have an established network and strong support system with the largest employer in the City being Bethesda Hospital East. We also recognize that many entrepreneurs are participating in the "gig economy," working for companies such as Uber to earn additional income, or they are turning a hobby into a business using internet platforms such as Etsy and YouTube. In Fiscal Year 2019-2020, the City is seeking to support working groups on entrepreneurship that focus on: - Sustainability, - Tourism and Hospitality, - Health, and - the Gig-Economy. One applicant in each category may receive a grant of up to $2,500 to report on the state of entrepreneurship in their chosen focus area for Boynton Beach. The selected grant recipient will submit a Final Report to the City no later than September 30, 2020. Category Entrepreneur Working Groups Funding Amount (Max) (Grant Categories) (a) Working Group on Entrepreneurship in $2,500 Sustainability (b) Working Group on Entrepreneurship in $2,500 Hospitality/Tourism (c) Working Group on Entrepreneurship in Health $2,500 (d) Working Group on Entrepreneurship in the $2,500 "Gig Economy" Pagel Page 921 of 1023 Definition Working Group—An informal committee of local businesses or group of individuals selected to study and report on the state of entrepreneurship in their chosen focus area (Sustainability, Tourism and Hospitality, Health, and the Gig-Economy). II. Grant Timeline *Anticipated Grant Period:January 17, 2020—September 30, 2020. *Anticipated Grant Advertisement:January 17, 2020 *Anticipated Application Deadline: February 7, 2020 *Anticipated Announcement to Grantee: February 18, 2020 *Anticipated Grant Start Date: February 24, 2020 III. Entrepreneur Working Groups (Grant Categories) a. Sustainability Focused Entrepreneurs Environmental sustainability has become a high priority in the City and our efforts to reduce greenhouse gas emissions, conserve resources, facilitate alternative modes of transportation, and reduce our overall impact on our natural environment are just a few examples of how the City is taking action. For a more detailed view of the City's efforts and goals, applicants should refer to the Boynton Beach Climate Action Plan. In order to become more sustainable community-wide, the City needs the private sector to help with sustainability efforts by using their innovation, ingenuity, and expertise to develop businesses that contribute to sustainability and have a positive impact on the environment. Objective The working group on entrepreneurship in sustainability will clearly outline the challenges and opportunities for businesses with a focus in environmental sustainability,and present lessons learned, tools, best practices and models for effective sustainability focused entrepreneurship. b. Tourism/Hospitality Focused Entrepreneurs Tourism and Hospitality is one of the City's largest industries supporting thousands of jobs and plays a vital role in our local economy. The City is always looking for new and Page 2 Page 922 of 1023 innovative ways to help tourists experience all that Boynton Beach has to offer. As a vibrant, coastal city centrally located in Palm Beach County and South Florida, Boynton Beach attracts year-round visitors looking to enjoy our arts and culture as well as our beautiful beach. Objective The working group on entrepreneurship in tourism and hospitality will clearly outline the challenges and opportunities for businesses engaged in the hospitality and tourism industry, and present lessons learned, tools, best practices and models for effective tourism and hospitality focused entrepreneurship. c. Health Focused Entrepreneurs The largest employer in the City is Bethesda Hospital East,which supports a vibrant health sector. Medical offices, outpatient facilities, physical therapy centers, and clinics are organically supported by Bethesda to create a health sector that supports thousands of jobs and provides high-quality healthcare. This also creates an opportunity for other segments of this sector to grow such as medical tourism. Objective The working group on entrepreneurship in health will clearly outline the challenges and opportunities for health focused entrepreneurs, and present lessons learned, tools, best practices and models for effective health focused entrepreneurship. d. Gig-Economy entrepreneurs The "gig economy' is generally made up of three components: independent workers paid by the gig (i.e. a task or a project), as opposed to a salary or hourly wage; customers who need a specific service (i.e. a ride or an item delivered); and, the worker connecting directly with the consumer using a online platform. The gig economy is a shift away from the traditional full-time worker economy and focuses on the part-time, flexible jobs created by new industries and sectors in the evolving economy. For example, platforms such as UberEats, Airbnb, Etsy, and Lyft, have created a new industry for individuals to earn an income in a temporary work engagement setting. There are strengths and weaknesses to this emerging industry, but the opportunities and share of the workforce associated with the gig-economy is growing. Objective The working group on entrepreneurship in the gig-economy will clearly outline the challenges and opportunities for entrepreneurs, and present lessons learned, tools, best practices and models for effective gig-economy entrepreneurship. Page 3 Page 923 of 1023 IV. Grant Amount: $2,500 (1 for each grant category) The City of Boynton Beach may select up to four (4) grant applicants to receive an individual award of two-thousand and five hundred dollars ($2,500). There will be an individual award for each grant category (sustainability, hospitality/tourism, health, and gig-economy). The grant amount will be a maximum of$2,500. Each grant will be disbursed according to the requirements described in Section Six (VI) below. V. Eligibility Criteria The City of Boynton Beach is inviting working groups that have demonstrated experience in one of the above focus areas, to create a report indicating the strengths, weaknesses, opportunities, and challenges entrepreneurs face in the aforementioned focus areas in the City of Boynton Beach. The working groups' reports must focus solely on the City of Boynton Beach, but do not have to be located within City limits. In addition, the following requirements apply to all grant categories: • Applicants may be a for-profit organization, non-profit organization, or NGO. • Applicants must be an organization legally established and in good standing • No outside funds may come from the Boynton Beach Community Redevelopment Agency. • Participating organizations should be indicated in your application and state their level of participation and their financial and/or in-kind support to the project. • City of Boynton Beach grant funds may not be used to pay any government employees, purchase alcohol or food items. VI. Application and Review Process 1. Applications will be available online at WhyBoynton.com starting January 17, 2020. The last day to submit an application will be February 7, 2020. 2. Each application submitted to the City will be sent to the Department of Economic Development and Strategy to conduct a preliminary review to confirm the applicant's eligibility. 3. Once all applications are reviewed by the Department of Economic Development and Strategy, they will be sent to the City's Grant Evaluation Committee for review and scoring. 4. The Grant Evaluation Committee will review each application according to established criteria and make preliminary funding recommendations to the City Commission. 5. City Commission may either approve or deny staff's recommendation, and the grant recipients will be announced at the City Commission Meeting on February 18, 2020. 6. Grant recipients shall sign a grant agreement with the City. Page 4 Page 924 of 1023 7. Upon execution of the grant agreement by the City, the City may disperse the initial grant funds in the amount of$2,000 to the grant recipient.The City may disperse the final grant funds in the amount of$500 upon receipt and acceptance of the Final report. 8. The grant recipient shall submit their Final report to the City no later than September 30, 2020. VII. Reporting Requirements (Deliverables) Applicants selected by the City for receipt of a Business Incubation Grant are required to produce the following: Final Report — The following information is required in the Final Report for each grant recipient. The Final Report must provide the following information: — Description of the data collected, how it was collected and how it was utilized; — Description of the methods used to create your report; — Identification of the strengths, weaknesses, opportunities, and threats to Boynton Beach entrepreneurs in your chosen focus area; — Recommendations for solving the challenges identified during your activities; — Innovative ideas, best practices, and success stories for entrepreneurs serving their focus area; and, — Quantitative data to support your findings and solutions. VIII. Grant Evaluation Criteria Successful Applicants will incorporate the following considerations into their proposal. Maximum Points Available = 50 Working Group Design (20 points) • Do the proposed activities address the objective for the grant category? • How will the applicant use quantitative data to demonstrate their findings? • Will your proposed research benefit the City's economic development initiatives? • What makes your process innovative? Working Group Capacity (20 points) • Does the applicant have sufficient motivation and capacity to manage the project/grant and achieve the goals of the grant? • Does the applicant have, or have the ability to hire staff (full-time and part-time) and volunteers with the necessary skills, expertise and experience? • Does the applicant have the necessary skills and experience to contribute to the working group? Page 5 Page 925 of 1023 • Does the applicant demonstrate sufficient resources, equipment, and staff? Financial Plan (10 points) • Are the potential financial expenditures clearly defined and justified? Page 6 Page 926 of 1023 Business Incubator — Women, Minority, and Technology I. Grant Evaluation Criteria Successful Applicants will incorporate the following considerations into their proposal. Maximum Points Available = 100 Incubator Design (25 points) • Are the four (4) key challenges, identified by the City, addressed? If so, how will they address those challenges? • Do the incubator's proposed services address the goal of the category grant? • What are the expected immediate outputs, short, medium and long-term goals for Boynton Beach businesses as cohorts of the incubator? • How will the proposed services achieve these results? • How will the incubator's structure contribute to its success? • Are the activities likely to result in stated outputs/outcomes? • Are metrics used to determine how successful the incubator is at incubating cohort businesses? If so, are those metrics clearly stated? • Are outputs presented with measurable metrics? • Are outcomes presented with measurable metrics? • What makes your incubator innovative? • How long is your incubation program? Scalability (15 points) • Does the incubator demonstrate scalability for Boynton Beach businesses? • How will the incubator help scale-up Boynton Beach businesses? • Does the incubator demonstrate growth in the larger Boynton Beach business community? • How are metrics used to determine and measure your cohort's scalability? Sustainability (15 points) • How likely is it that the services/benefits the incubator provides to Boynton Beach businesses continue after the life of the grant? • Does the incubator identify ways it will continue to incubate Boynton Beach businesses after the life of the grant? • Are the long-term goals for cohort businesses clearly defined? Does the incubator have a defined strategic plan to successfully reach these long-term goals? • What is the success rate for businesses as members of the incubator? • What is your average cohort graduation rate? Page 927 of 1023 Organizational Capacity (20 points) • Does the applicant have sufficient motivation and capacity to incubate Boynton Beach businesses and manage the incubator and achieve its mission and goals? • Does the applicant have, or have the ability to hire staff (full-time and part-time) and volunteers with the necessary skills, expertise and experience? • Does the applicant and staff have the necessary skills and experience to contribute to the business incubator's goal of incubating Boynton Beach businesses? • Does the applicant demonstrate sufficient resources, equipment, and staff? • How many businesses have you incubated over the last year, 2 years, and 3 years? Financial Plan (15 points) • Are the potential financial expenditures clearly defined and justified? • Do planned costs ensure optimal delivery of proposed services to Boynton Beach businesses? • How reasonable are the costs related to the results to be achieved? References (10 points) Submission of incubator reference letters from existing cohorts or program graduates. Page 928 of 1023 Business Incubator — Youth Entrepreneurship II. Grant Evaluation Criteria Successful Applicants will incorporate the following considerations into their proposal. Maximum Points Available = 100 Incubator Design (35 points) • Are the key challenges, identified by the City, addressed? If so, how will they address those challenges? • Do the incubator's proposed services address the goal of the category grant? • What are the expected immediate outputs, short, medium and long-term goals for young entrepreneurs as cohorts in your incubator? • How will the proposed services achieve these results? • How will the incubator's structure contribute to its success? • Are the activities likely to result in stated outputs/outcomes? • Are metrics used to determine how successful the incubator is at incubating cohorts? If so, are those metrics clearly stated? • Are outputs presented with measurable metrics? • Are outcomes presented with measurable metrics? • What makes your incubator innovative? Sustainability (10 points) • How likely is it that the services/benefits the incubator provides to Boynton Beach youth entrepreneurs will continue after the life of the grant? • Does the incubator identify ways it will continue to incubate Boynton Beach youth entrepreneurs after the life of the grant? • Are the long-term goals for youth entrepreneurs clearly defined? Organizational Capacity (30 points) • Does the applicant have sufficient motivation and capacity to incubate youth entrepreneurs and manage the incubator and achieve its mission and goals? • Does the applicant have, or have the ability to hire staff(full-time and part-time) and volunteers with the necessary skills, expertise and experience? • Does the applicant and staff have the necessary skills and experience to contribute to the business incubator's goal of incubating Boynton Beach youth entrepreneurs? • Does the applicant demonstrate sufficient resources, equipment, and staff? • Does the applicant demonstrate experience/success with similar project/program? Financial Plan (30 points) • Are the potential financial expenditures clearly defined and justified? Page 929 of 1023 • Do planned costs ensure optimal delivery of proposed services to youth entrepreneurs? • How reasonable are the costs related to the results to be achieved? Page 930 of 1023 N r N r OC OC OC C7 N O O O O O O 00 N O 00 M p r (j m 00 LOm 00 l0 m 00 0) N (v (v LE to L m m N N Q N O) ca 3 3 1 Ll)O O aD C a, LU L c o 000 0000 .� 0 0000 � } o rn O C6 � 4 c� bn -0 O I �O c-I00 3 00 LO C 01 v �L V) O H H U Ln E L 3 Co 01 O m 01 LO m Q 00 LEL N LE Ln +� J J a� 'i a1 J J O L O Q�1 Q O �j p 41 } 4-1 L7 +-1 LU 4-1 LU a1 U 4-1 O J M 4-J J O Q stet U a O Cn N Ln Ln 4- ENTREPRENEURSHIP AND BUSINESS INCUBATION CITY OF B0YNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this day of 2020, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and , hereinafter referred to as "Grantee." INTRODUCTION: The Boynton Beach Entrepreneurship and Business Incubation Grant program provides City funding for new and existing business incubators and working groups on entrepreneurship to undertake startup growth activities and studies. This Agreement memorizes the terms binding on both parties and governs the award of the following (please select the applicable award): ❑ Business Incubation Grant, an individual award of Ten Thousand and 00/100 Dollars ($10,000.00), or ❑ Working Groups on Entrepreneurship in Sustainability, Tourism and Hospitality, Health, and the Gig Economy Grant, an individual award of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00). WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: 100349102.7 306-90018211 1 Page 932 of 1023 L GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in Grantee's Grant Application. Representations contained in the Application are deemed material representation of the Grantee and failure to perform the services and tasks set forth in the Applicant constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. In the event of default and termination of this Agreement, GRANTEE shall reimburse CITY any portion of the funds paid on a prorated basis. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. 100349102.7 306-90018211 2 Page 933 of 1023 F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the City in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of funds,then the non-defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting party. B. In the event that the defaulting party fails to cure the default, the non-defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REPORTING REQUIREMENTS GRANTEE agrees to comply with the reporting requirements and shall submit performance reports to the CITY within five (5) business days of a written request by the City. V. GRANT AMOUNT ❑ Business Incubation Grant, for an individual award of Ten Thousand and 00/100 Dollars ($10,000.00), or ❑ Working Groups on Entrepreneurship in Sustainability, Tourism and Hospitality, Health,and the Gig Economy Grant,for an individual award of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00). 100349102.7 306-90018211 3 Page 934 of 1023 VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. This Agreement is non assignable. VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. INSURANCE GRANTEE must provide the CITY with evidence of insurance as follows: general liability insurance-$1,000,000;umbrella- $1,000,000; and evidence of auto liability insurance and worker's compensation insurance. 100349102.7 306-90018211 4 Page 935 of 1023 X. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any parry is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any parry of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision,to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 100349102.7 306-90018211 5 Page 936 of 1023 XV. ENTIRE AGREEMENT The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties,and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile (561) 742-6011 with a copy to: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 100349102.7 306-90018211 6 Page 937 of 1023 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. CITY: GRANTEE: By: By Print: Print: Name: Title: ATTEST: ATTEST: Judith A. Pyle, CMC, City Clerk Print Name: Title: APPROVED AS TO LEGAL FORM: (CORPORATE SEAL) Office of the City Attorney 100349102.7 306-90018211 7 Page 938 of 1023 Grant Application Information - Youth The objective of this grant is to educate youth entrepreneurs on how to start and grow a business. Entrepreneurs have to understand every aspect of their business from financial management and logistics to marketing and human resources.This grant Wll provide support in the forma of a$19,999 grant to create a curriculum and program to educate and training young entrepreneurs. In Fiscal Year 2019-2020,the City is seeking to support a Youth Entrepreneur Business Incubator that grill address these key challenges: • Entrepreneurial goal setting • Training opportunities and entrepreneurial experiences • Business Education • Business and Entrepreneurship Mentorship Program Page 939 of 1023 Grant Application Scoring Criteria Incubator Design(35 points) • Are the key challenges, identified by the City,addressed? V so, howwill they address those challenges? • Do the incubator's proposed services address the goal of the category grant? • What are the expected immediate outputs,short, medium and long-term goals for young entrepreneurs as cohorts in your incubator? • Nowwill the proposed services achieve these results? • Nowwill the incubator's structure contribute to its success? • Are the activities likely to result in stated outputs/outcomes? • Are metrics used to determine how successful the incubator is at incubating cohorts? V so,are those metrics clearly stated? • Are outputs presented wth measurablemetrics? • Are outcomes presented wth measurablemetrics? • What makes your incubator innovative? Sustainability(10 points) • Now likely is it that the services/benefits the incubator provides to Boynton Beach youth entrepreneurs will continue after the life of the grant? • Does the incubator identify ways it\Mll continue to incubate Boynton Beach youth entrepreneurs after the life of the grant? • Are the long-term goals for youth entrepreneurs clearly defined? Organizational Capaiy(30 points) • Does the applicant have sufficient activation and capacity to incubate youth entrepreneurs and manage the incubator and achieve its mission and goals? • Does the applicant have,or have the ability to hire staff(full-time and part-time)and volunteers wth the necessary skills,expertise and experience? • Does the applicant and staff have the necessary skills and experience to contribute to the business incubator's goal of incubating Boynton Beach youth entrepreneurs? • Does the applicant demonstrate sufficient resources,equipment,and staff? • Does the applicant demonstrate experience/success wth similar project/program? Financial (30 points) • Are the potential financial expenditures clearly defined and justified? • Do planned costs ensure optimal delivery of proposed services to youth entrepreneurs? • Now reasonable are the costs related to the results to be achieved? Page 940 of 1023 Economic Development Grant Application Or - Out Organization ............... ............... Name of GBDC Entrepreneurship Institute Organization Address* Rtreelhtwdv,s Acid,x,,s Line 2 a', 'Skate,'Rovince'R-c gi RxMal/Zip 0,3de 0buntry Executive GBDC Entrepreneurship Institute humbly requests$10,000 to fund the GBDC Summary* began the cultural Entrepreneurship&On the Job Training Program. The program began in 2011 serving over 200 participants.This is a 6-week summer program that provides the youth ages 16 to 21 classroom entrepreneurship training reinforced by hands-on practical experience local businesses followed by business mentorship.The program began a guaranteed stipend for young adults who completed the training sessions, business plans and received a good evaluation from the host organization where they served their internship. Today, the program has grown to focus not just on entrepreneurship education but steps have been taken with the help of the MELT Bus and a volunteer Youth Business Council to focus on the establishing of the enterprise ran by the participants.A portion of grant proceeds is given back to the participants to set up the foundation of the business and help them to host a Shark tank event where they can present funding opportunities(donations form the community). The results of the 2019 workgroup survey results findings clearly identified the opportunity to serve a need in the community. Main Contact Person ............... Name* Annette Annmarie Gray Title or Position* Founder/President Phone Number* 5618944510 Email* annette@Globalbusinessdevelopmentcentei Organization Description ............... Type of r Non-Profit r For-Profit Organization r Educational Institution r Other Years in Operation* 6 Number of Employees Full Time Part Time Volunteers Contracted 2 4 15 0 Page 941 of 1023 Revenue Streams* =,ha e your revenue strEom?R- se sei , all Ma ;pplly. Grant/Donations Program Fees Equity Sales Consulting Other Organizational =vha ;paE nerr,r ;-A of assw:aro;�;uoe,�.,,your organiZafior bavO h-io sup�xrts your effo;s°a Support* Delray Beach Police Department,Junior League, Palm Beach sheriff Department Delray Beach Police Department, City of Delray Beach,Waste Management FPL, First valley national bank First Transit Certifications* R- se check hal 'pypiy. Minority Owned Business W Worrien Owned Business r— None Incubator Design Re se provide a dealed descripdOr of your propr s incubalor pr gray . Program* thProgram Description This is a FREE 6-week summer program that provides the youth of South Florida (ages 16 to 21)classroom entrepreneurship training reinforced by hands-on practical experience businesses and community organizations. Participants have a 4 day week-2 days(14 hours)on the job and 2 evenings(6 hours)in- classroom training:totaling 20 hours per week. The program focusses on the city of Boynton's outlined need for a program that focuses on Entrepreneurial goal setting Training opportunities and entrepreneurial experiences Business Education Business and Entrepreneurship Mentorship Program. While the program is not new the survey results indicate that not enough of the community members are aware of the program. For this reason,we believe the Mobile Entrepreneurship Leadership and Training Bus will be an integral part of taking the program to more young people and increase awareness and impact. Ro 3se refer,i. ;he scoring criteria in,he%pant C3uide;iines o ;he 13uxing after"a Tabafter" for r urs: c r r"THiOR Sustainability* Re se providea de,aiide,,cOr f,he sur,Wi abilli.y of your incubator r,diorts. Despite low unemployment rates,young adults are counted among the highest group of unemployed.Job creation is essential to this group Over the years the program has been funded and supported by a variety of corporate sponsors, grants,and volunteers. However,the year the success of the established enterprises was short-lived due to a lack of resources and knoWedge support in the homes. This year GBDCEI is encouraged that the MELT Bus and the Youth Business Council grill be extremely effective in reducing the adverse effects to improve the longevity of the youth enterprise. Ro 3se refer,i. ;he scoring criteria in,he%pant C3uide;iin ,o ;he 13cor inch after"a Tabafter" for r urs: c r r Mier. Page 942 of 1023 Organizational Re se providead tailed de.,,cnpdorof your incubator's orcjanizAoral capacflj. Capacity* The GBDCEI Staff and Board have the expertise that Is essential to business development limiting the amount of external assistance needed. GBDCEI was founded by Annette Gray.Annette Gray Is an established Business Management and Economic Development Specialist,an International keynote speaker and business trainer. She Is currently a Commissioner on The Palm Beach County Advisory Commission on the Status of Women and the former Chairperson of the Delray Beach (CRA)and the former Vice-Chair of the Delray Beach Marketing Cooperative(DBMC). Prior to entrepreneurship,she led and Waged teams at Fortune 500 Companies,such as MBNA America Bank and government entitles such as the City of Boynton Beach CRA and West Palm Beach DDA. She has over twenty years of experience In marketing,economic development and strategic planning In the private and public sectors.Annette has spent the last 15 years dedicated to the development of entrepreneurs and small businesses. She has served as an SBA Consultant and Trainer,for The Florida Women's Business Center,The Jim Moran Institute for Entrepreneurship, The Urban League of the Palm Beaches,the Boynton Beach C (Full CV Attached) The Board Is very tactical combination of Individuals Me has the skills relevant to the navigate thee challenges faced by our clients today's market place •Alterman Phillips, ESQ. Chairman Legal council •Roclo M. Davis Vice Chair Pion-Profit development background •Stephle Rockwell Secretary Digital Media Marketing, Public Relations Governance •Representative Joe Casello, Government Public Policies Governance •Donald Norris Information'Technology Governance •Corey O'Gorman Private Sector Sponsorship Governance • aryan Payne Millennial Advisor Ro 3se refer,i. ;he scoring cite is in,he%pant C3uide;iines or;he 13 .r inch afted'a Tabfor r urs: c r r"THiOR Page 943 of 1023 Financial Plan* Re se provide a detailde,,' or of your i,c baler's financial plan. Program Expenses 1 Training Series average 72 hours @$30 per hour $2,160 1 Technical Assistance Series 40 hours @$30 per hour $1,200 Supplies&Training Materials/Printing $2,800 Marketing/Mailings/FB Boost $1, 000 Staffing/Bus Driver&Admin 144 hrs @a $15 $2, 100 Stipend to participants that start the enterprise $2,500 (To be used for phone and addresses up,domain name BTR website business cards etc) Graduation Event $ 500 Snacks provided during evening classes 6 eks $ 600 Bus operating expense(generator fuel, bus fuel etc.) $2, 000 Program Expense Total $14,860 Administrative Costs(10%) $ 1,486 Total $16,634 Palm Beach County Sherriff Department funding $5,000 In-kind community partners and volunteers $ 1,346 Grant funding request $10,000 Projected Revenue 2020 Product Projected Revenue Grants 50,000 Advertising Revenue 30,000 Sponsorships 150,000 Service Income 50,000 Fund raising 80,000 Total Projected Income 360,000 Projected Revenue 2021 Product Projected Revenue Grants 150,000 Advertising Revenue 50,000 Sponsorships 80,000 Service Income 80,000 Fund raising 60,000 MELT BIDS 80,000 Total Projected Income 500,000 Fund raising 80,000 Total Projected Income 360,000 Rcx....r'3sce refer.i. .!'te scoring c iter"a in.!'te%Gx a.nt%3uideflines of.!'te.uxing after"a 6,for r rune Or"THIOR Page 944 of 1023 Business Re se providea detalled descnpdonf P oo,your incubalorwili addFv,,s Business Educalio with a P'io0s. Education* During the Instructor-led classroom training, participants learn how to start and grow business.Additionally,they learn communication, negotiation and relationship-building and problem-solving skills.They also create a business plan and establish the structural elements of the business such as selecting the business name,designing a logo, research clients set pricing,develop a draft bsite. The number of businesses created grill be determined by the participants as they are given an option to create several businesses or work on one business as a group. They are required to select a business for a list of business pre- approved because of the low carry and overhead cost and flexibility to match Wth school activities. (Business examples are,t-shirt company,events assistance, social media marketing, babysitting dog walking, housesitting,etc. The participants are also required as part of the program to serve as an Intern in local businesses and organizations. Over the years a list of partners has hots our Interns and remains dedicated to the program. ntrepreneurial Re se videadetall es , U. fP'owyour incu lorw'iadd ;sEitrepreneuriai%saE ;,€ngwi:"cdlorts. Goal Setting* During the first two sessions of the Instructor-led training, Participants are addicted to developing a personal statement and a resume. This is used to Identify career goals and to place each participant is a business o Industry that is a match for their expressed desired goal. Training Re se provide a detalled descripdOr of how your incubator wili addm;s Trainingadd ; 4 px,0U N1eS1 and EBAE, eneurEal Opportunities and Experiences w ith atiorts. Entrepreneurial Program host organizations and a Youth Bussiness Council used to augment GBDCEI resources. Experiences* Host organizations are required to perform the following tasks: Performa mock interview.This is not designed to serve as an elimination tool but to provide an opportunity for participants to use the skills they have learned in the classroom Place participants are a position that grill serve both as a learning experience and exposure •Communicate any incidents in a timely manner to the Program Coordinator @a GBDCEI Ensure participants complete timesheets daily Submit timesheets via e-mail(as PDF)or fax no later than 4:00 pm each Friday to GBDCEI Submit performance appraisal for your student participant at the end of week Business and Rene provideadealed descripdOrofhoo,yourincuba«rw.luaudm;sBusinessandElArepreneur�J.. Entrepreneurship Vt t rshpix nwith atiorts. entorship As part of the graduation from the program, participants plan and execute a Program* shark tank event where they ask for donations and in-kind support. The business plan (S)are presented. Students who are interested in continuing Wth the business continue to work with the GBDCEI team to establish the company. The Company will be incubated by GBDCEI, meaning they will be given address, DID phone number and technical assistance on the MELT bus. New this year is the Youth Business Council. A group of volunteers who grill continue to mentor the young business owners once the business is structured. The group grill assist Wth sales proposal invoicing, payroll, marketing and making sure the young business operators get the business and personal support they need to ensure business success. Incubator Goals* Re se escri your gods r incwnnc,cd'io0s. This year's Program Goal 20 Participants 20 Internship Business Host Organizations 3 Group Business Plan Create part-time jobs for the participants either as part of their own business or Wath their internship host organizations Start a minimum of one youth business Metrics Re iso provide and descritye ALLVE S used fiD rreasui e to GbhoOs progrers.nick Arid fiD insei;add't O mr tics. Page 945 of 1023 Type of Metrics 3 Business Flans Description Business plans will be evaluated by community judges as part of the Shark Tank. Participants grill get real-world feedback on business structure and operations Type of Metrics 20 Job Readiness Development(resumes, h Description Performance reviews are a reality of every work atmosphere. each participant Wil be given a review by the host organization which CSEJCEI grill use to continue mentoring and personally develop the participant Type of Metrics 10 Job creation Description Its is our goal to encourage job creation either the creation of the enterprise or Wath the host organization Defining Success Re sete.i us how you define the succ;,;of your shorts in your program . GBDCEI defines success as 90%completion of the cohort participants. The establishing of a Minimum of one youth enterprise.The established enterprise is capable of providing at minimum a part-time job for the operators. m Applicant Signature i nave read and review&d the i crmaboatxweanopo to the s;of rry ahliiy. Page 946 of 1023 Grant Application Information Business incubation can be a po rful tool for economic development and entrepreneurship. Incubators specialize an helping start-up and early stage businesses by providing resources such as office space, legal counsel,access to financing options like venture capital,and mentorship. Business incubators can provide entrepreneurs Wath a supportive environment that can help scale up their business. In line Wath its mission,the City of Boynton Beach grill provide support an the forma of grant financing to business incubators Wio incubate Boynton Beach businesses. The Department of Economic Development and Strategy as seeking to support business incubators that address the aforementioned challenges through four(4)separate grants that focus on women,youth,technology,and minority- owned businesses. Each grant grill be a maximum of$10,000.The$10,000 as intended to off-set the cost/fees of the incubator programa for Boynton Beach-based businesses.The grant funds are not intended to support the overall business incubator or solely fund a business incubator. Page 947 of 1023 Grant Application Scoring Criteria Incubator Design(25 points) • Are the four(4)key challenges, identified by the City,addressed? if so, how\Mll they address those challenges? • Do the incubator's proposed services address the goal of the category grant? • What are the expected Immediate outputs,short, medium and long-term goals for Boynton Beach businesses as cohorts of the incubator? • Nowwill the proposed services achieve these results? • Nowwill the incubator's structure contribute to its success? • Are the activities likely to result in stated outputs/outcomes? • Are metrics used to determine how successful the incubator is at incubating cohort businesses? If so,are those metrics clearly stated? • Are outputs presented wth measurablemetrics? • Are outcomes presented wth measurablemetrics? • What makes your incubator innovative? • Now long is your incubation program? Scalability(15 points) • Does the incubator demonstrate scalability for Boynton Beach businesses? • Nowwill the incubator help scale-up Boynton Beach businesses? • Does the incubator demonstrate growth in the larger Boynton Beach business community? • Noware metrics used to determine and measure your cohort's scalability? Sustainability(15 points) • Now likely is it that the services/benefits the incubator provides to Boynton Beach businesses continue after the life of the grant? • Does the incubator identify ways it\Mll continue to incubate Boynton Beach businesses after the life of the grant? • Are the long-term goals for cohort businesses clearly defined? Does the incubator have a defined strategic plan to successfully reach these long-term goals? • What is the success rate for businesses as members of the incubator? • What is your average cohort graduation rate? Organizational Capaity(20 points) • Does the applicant have sufficient activation and capacity to incubate Boynton Beach businesses and manage the incubator and achieve its mission and goals? • Does the applicant have,or have the ability to hire staff(full-time and part-time)and volunteers wth the necessary skills,expertise and experience? • Does the applicant and staff have the necessary skills and experience to contribute to the business incubator's goal of incubating Boynton Beach businesses? • Does the applicant demonstrate sufficient resources,equipment,and staff? • Now many businesses have you incubated over the last year,2 years,and 3 years? Financial (15 points) • Are the potential financial expenditures clearly defined and justified? • Do planned costs ensure optimal delivery of proposed services to Boynton Beach businesses? • Now reasonable are the costs related to the results to be achieved? References(10 points) o Submission of incubator reference letters from existing cohorts or program graduates. Page 948 of 1023 Economic Development Grant Application Or Organization ............... ............... Name of GBDC Entrepreneurship Institute Organization Address* Streelhtwdv,s 1500 GATEWAY BLVD Acid,x,,s Line 2 SUITE 220 a', Exate,'Rovince,'Pec i gi BOY ON BEACH Florida RxMal/Zip CMe Own"ry 33426-0000 United States Grant Catagory* r Women r Minority r Technology Executive A business owned by a minority faces not only traditional business challenges Summary* but they also face a unique set of challenges that must be addresses to ensure growth and sustainability.According to the Boynton Beach Business Tax receipt office,there are approximately 2561 businesses that are between I and 3 years in operation.According to data from the Bureau of Labor Statistics: about 20%of businesses fail in their first year,and about 50%of small businesses fail in their fifth year.The GBDCEI team recognizes the importance to the Boynton Beach economic landscape to ensure that the city's business success rate during the critical period is better than the national average. Minority business owners are challenged wth cultural limitations,access to resources and the feeling o lack of inclusion. For this reason mentorship by an "insider"is often necessary to aid in the navigation of developing and maintaining relationships that can lead to financial success. GBDCEl Respectfully request the grant amount of $10,00 to work wth 10 minority own business to grow their business to the next level through a series of"Ask an Expert Panel Workshops". Main Contact Person ,""I'll"............... Name* Annette Annmarie Gray Title or Position* Founder/President Phone Number* 5618944510 Email* info@gbdcei.com Organization Description ............... Type of r Non-Profit r For-Profit Organization r Educational Institution r Other Years in Operation* 6 Nurnber of Employees Full Time Part Time Volunteers Contracted 2 4 15 2 Page 949 of 1023 Revenue tre arra 'Ahat e your revenue strEom?R- se sel , all Mal appiy. Grant/Donations W Program Fees Equity Sales r Consulting Other Organizational 'Ovhal;paE ners ;r of ass x,idior;�;does,your organiZalior bavO h-io sup�xr,s youreffo;,s,? Support* Junior League, Boynton Beach,and Delray Beach P'ol'ice Department, Urban League,Accion USA, Cohorts* Re'"3se,y e ihetotal Purnberof D:P orts served s an org zW&r. 150 Cohorts Average Re se,y e your verag Purnberof Gbhor,s served it a yeea% 12 Average Lifespan* h a"ES;re average iifexa,of r,(.P'ioilS in your incubatc r, o gran 2 years Graduation Rate* =A a!ES.re average graduabOr .,ate of 0oho0."as gar,o f your lincubalkor Warll? Graduation rate is no applicable. Clients are served based on a individualized needs analysis Total Cohorts !bw impy 0 ho r,s do you plan on serving as pal,of iris G pant"? Served Under 10 Grant* Certifications* Ro'"3secheck hal apply. W Minority Owned Business Worrien Owned Business None Stages of 'vhal s,aage(s,)of-dsve1()pr`Ln1.are:!'rev Q,.,h.r,S you SupYx,t,in'"?Rcx.�.�.'"^se cheeck all Mal apply. Development* W Idea:We want to identify the problern/opportunity you want to address Proof of Concept:We have begun testing our idea in the market. W Prototype:We are developing our offerings thru interactions with customers. Pilot:We are refining our offerings and working towards production/release. W Product/Service Development:We are established and focusing on redeveloping our offerings. Growth:We are established and focusing on growth. Other Incubator Design Re seprcv eadeailed descriptiOrof yourproprvs incubarcr progra . Program* This program will begin Wth a survey of Minority Business owners who have an established business but are not experiencing profitability or growth.The survey will be used to design a series of"Ask the Espert Pannel workshops where business owners can attend and get assistance in a small environment and one on one. Panel members will be an extension of the GBDCEl team but bring additional expertise to the 4 focus areas outlined by the city. Examples are subject matter experts on funding,setting up an amazon store,sourcing products internationally (China.) The panel workshops are interactive and problem resolutions oriented. Panel members are directed to come with potential resolutions or resources for attendees to implement Immediately upon leaving.The workshops are led by a GBDCEl facilitator to ensure efficiency. ?o'"3se refer,o the scoring criteria in the(rant C3uide eines of the 13u ing afteria Tabfor r urs: c r"THiOR Page 950 of 1023 calablllty Re se provide a detailde,,'cnpdor of to scallabillity of your incubalor cdloris. Small business is often unsuccessful because of a lack of knowledge of exiting resources and appropriate tools to problem solve quickly and before adverse financial ramifications. Participants\Mll have access to experts and resources that would be otherwse difficult or expensive to acquire.With access to tailored assistance,small business owners can take their business to the next level wth the appropriate professional advice.This program is unique because it is designed to present multiple prospects of solving a problem in one space,This is very different than going to an SBA resource partner re the business owner works with one counselor. Ro 3se refer fiD to scoring criteria in to%xant C3uide;iines of to&,oring afteria Tabo rurs: O l"ItiOR ustalnablllty* Re se providea detailde.,'cripdOr of tesusWi abilli.y of your incunatcr r.toms. Once the connection is made between the industry expert and the business owner the relationship is likely to continue without GBDCEI facilitating the process.As an established relationship is critical to doing business.The business\rill be able to set and meet KPIs with confidence. Project Sustainability Strategy the Boynton Beach Incubator grant dollars will be used to expand GBDCEl service within the city limits of Boynton Beach.The services\rill be offered free wth a stipend offered towards business services as a program incentive. Upon completion of the free programs,clients will be offered discounted rates for business services wth GBDCEl.The paid services combined wth other grants and advertising revenues will enable the center to continue free programs to a percentage of the population. Ro 3se refer fiD to scoring criteria in to%xant C3uide;iines of to&,oring afteria Tabo rurs: O l"ItiOR Page 951 of 1023 Organizational Re se providea de,aiide. or of your incubator's rg irAc apacflj. Capacity* While GBDCEI does have a very qualified staff the panel mernbers are selected from the community and are subject matter experts in the areas identified in the survey. GBDC Entrepreneurship Institute(GBDCEI)is the Black Chamber of Commerce 2018 Nonprofit of the Year Award Winner. GBDCEI began as a for-profit business incubator Global Business Development Center founded by Annette Gray;after serving as a consultant and trainer for the SBA and many of the SBA's Resource Partners in South Florida.The structure was changed to a nonprofit structure in 2014 was precipitated by market place demand and clients who are accustomed to free services funded by the SBA to resource partners.As a result,competitively and comparatively a for-profit incubator with paid service was not eagerly sought after by clients particularl after the economic downturn of 2008-2011. GBDCEI is incorporated as a non-profit charitable organization and an educational Community Development Corporation.The organization is an essential part of the South Florida economic development t and is sought after by both clients and strategic alliance partners looking to expand their mission beyond their front door. GBDCEI strives to improve local communities by applying innovative development strategies and by promoting job creation via small business ownership.Today, GBDCEI focuses on developing entrepreneurs,future entrepreneurs and building capacity for existing small businesses. GBDCEI was founded by Annette Gray.Annette Gray is an established Business Management and Economic Development Specialist,an international keynote speaker and business trainer. She is currently a Commissioner on The Palm Beach County Advisory Commission on the Status of Women and the former Chairperson of the Delray Beach (CRA)and the former Vice-Chair of the Delray Beach Marketing Cooperative(DBMC). Prior to entrepreneurship,she led and managed teams at Fortune 500 Companies,such as MBNA America Bank and government entities such as the City of Boynton Beach CRA and West Palm Beach DDA. She has overt my years of experience in marketing,economic development and strategic planning in the private and public sectors.Annette has spent the last 15 years dedicated to the development of entrepreneurs and small businesses. She has served as an SBA Consultant and Trainer,for The Florida Women's Business Center,The Jim Moran Institute for Entrepreneurship,The Urban League of the Palm Beaches,the E Rcx...�.'3sce refer.i. he scoring criteria in .he(33ra.nt%3uide iftes .r.!'tce&,tiring afteria Tab for r r—ore Or!etIOR Page 952 of 1023 Financial Plan* Re se provide a detailde,,c or of your i,c baler's fin ana,0i plan. Project Budget Program Expenses Training$6,300 6 Panel workshops(avg.of 180 hours per series @$35/hr) (Unit cost includes curriculum development, materials,set up and use of computers, Facilitator fees,and expenses,adman support. One on One Technical Assistance$2,500 100 hrs @$25/hr(avg. 1 Ohrs per client for a total of 10 clients) Refreshments and supplies$1, 500 Marketing/Outreach$500 Program Expenses Subtotal$ 10,800 Administrative Costs(10%)$ 1,080 Total Expenses$ 11,880 (In-kind services GBDCEl Panel Participants} Projected Revenue 2020 Product Projected Revenue Grants 50,000 Advertising Revenue 30,000 Sponsorships 150,000 Service Income 50,000 Fund raising 80,000 Total Projected Income 360,000 Projected Revenue 2021 Product Projected Revenue Grants 150,000 Advertising Revenue 50,000 Sponsorships 80,000 Service Income 80,000 Fund raising 60,000 MELT ESUS 80,000 Total Projected Income 500,000 Ro 3se refer,i. ;he scoring criteria in,he%xnt C3uide;iines o ;he 13ux inq afteria Tabfor r urs: c r r"THiOR Capital l Funding* Re se provide a d;,a llde,,,cripdOr of hoo,your inch «..r w'i addm;s I_Ipirta undiing for cd—ions. Most small businesses are unable to compete Wth their larger counterparts because of the upfront financial burdens of Wnning a contract. GBDCEl Cohorts are assisted Wth the development of Business Credit through DUNN and Bradstreet.They are also introduced to multiple financing opportunities such as Invoice Factoring, Bonding Insurance and Business line of credits.Access to funding or the knowledge of howto access funding to perform well in a contract Wil prevent the self-fulfilling prophecy of Wnning a contract but have the contract terminated for lack of performance. GBDCEl staff is very knowledgeable of is strategic partners'product and qualifications needed this enables us to better prepare our clients.Additionally,the partners are invited to the annual conference ere the cohorts can hear first-hand the lenders are looking to fund. Page 953 of 1023 Business Re se provide a d,,ailde,icnpdon of P oo,your incubalo will adCF v,;s Business:xiucalio with a io0s. Education* In addition to the"Ask the Expert Panel"Minority business owners wall have access to any workshops or another programming on the incubator schedule. We%rill combine the activities of the women-owned business to parallel the programa of this group as they face similar challenges. The first workshop is a live in-person instructor-led workshop that outlines the different certifications the levels of government or corporations(Local, regional, National).Attendees wall also learn what foundational requirements, documentation,and infrastructure are required to successfully apply for,wan and serve a contract secured through the competitive bad process. The second workshop is a 3-day instructor-led business plan writing booth camp. Participants write the plan is a supportive environment. Participants leave this workshop with a draft business plan. Finally, Participants are required to attend the Annual Business conference were numerous panel members present resources and networking opportunities for participants. Panel mernbers are selected form the financial,corporate government, products and invention,and marketing communities. This year's conference is a 3 part dinner series held in June,August and November. Dinner is served and each event speaker and panel mernbers%rill focus on different resources for business operations and networking opportunities. Online Prese nce l Re ser vide a detallde,icnptb f how your incubalor wili;add .s having an 4)mine Rese,ce m.D.rirc;rc wits .,P'ioOs. Commerce rce We lead by example. In 2014 GBDCEI became aware of the alarming number of business owners who could not take advantage of the many business assistance programs due to lack of flexibility in how and when the assistance was offered. With this realization,the MELT Bus and the virtual incubation program began. GBDEI now serves the client either in the traditional business hours for as traditional office, by taking the MELT bus to nearby community organizations within easy access of the business or online via video conferences and webinars. We have found that the attrition rate for our programs has reduced and the number of people served has increased. Additionally,we can assist clients with limited resources wth navigation and developing an online presence by introducing them to the international sourcing of wholesale products,Amazon stores,and fulfillment centers, Internet and social media marketing and inventory control through dropshipping. Infrastructure I Re your incubalor wiliaddF ,lir as;uc!UUe'y O.'dab!eSoacc. Affordable Space* GBDCEI does not offer physical incubation space.We, however, refer our clients to the nearby incubators,executive offices or use our in-house Commercial Real- estate broker to assist with placement. Page 954 of 1023 Incubator Goals* Re sedeYscri your gods for irrc.nngcd"ioils. GBDCEI goals include identifying a minimum of 10 minority-owned businesses and within 12 calendar counts achieve one of several expansion goals Staff increase Increase in revenues Addition of locations Increase in funding Increase in market share(number of customers served) Monitoring and Evaluation:The goal of the programa is to help the participants make progress in the areas of their business they feel they need the Troost help. Measurement%ill indicate the number of participants served, in what industries and what service.This programa is focused on capacity building for Boynton Beach Businesses.The variables outside the control of GBDCEl in funding. participation and skill level of attendees makes it impossible to guarantee funding and other profitability(growth in revenue)as result measurement areas will be intangible areas of output. Cohort Fee r Yes r= No etf'ICS Re se provideand descri ALL ;used io r^ sup v the Gbhoils progrers.aickAdd io inset add'O (rice;. Type of Metrics Business Flan Development Description Develop a business plan wth clear milestones Type of Metrics Business Growth Description Business growth resulting in frome one or more of the following Funding, Staff increase,the addition of location, number of customers served, increase in revenues. Type of Metrics Grow resources network Description Measured by the number of participants on the"Ask the Expert"Pannels. Defining Success Re sete.i us how you defir,e'ihe s Accu-s of your shorts in your program . According to UBI Global Business incubation is growing rapidly, particularly in the areas of Innovative new programs like pre-accelerators,virtual incubation, integrated co-working space. GBDCEI is well ahead of the curve of these trends. GBDCEI began delivering and speciali2ing in virtual incubation approximately three years ago.This decision was influenced by the multigenerational shift in the marketplace.While Boomers sought out bricks and rnouther incubation the Millennial generation expressed a desire for entrepreneurship at the beginning of their careers not at the like their boomer counterparts.They also expressed their desire to be more agile because they have a better capacity to leverage resources globally via the world wide web. When the shift is aligned wth the goals of the City of Boynton focus areas of Capital and Funding, Busines Incubation, Online Presence and e-cornmerce and infrastructure and affordable space;the'Ask the Expert programa%rill ensure panne) mernbers reflects the need of the city and the needs of the participants 80%of the participants report growth in one of the established goal areas. Successful Complete 6"Ask the Expert"Work Shop Pannel Pre and post Survey to draw a correlation between a survey that expressed mentoring needs and the mentoring provided via the workshops Page 955 of 1023 Pitch Event I.xm-ys your organizatfor have cg,event of som,Wnd? r No,there is no event. r No, but there is a graduation event. r Yes,there is an in person event that we host. r Yes,there is an in person event, but it is hosted by another organization. r Other Docurrient Uploads ............... Current Business Re sealla&aatyof License GBDCEI I a Florida Non Profit Corporation and not 233.9KB required to have a city or county BTR.pdf Cohort Support R-sea acP a I.s;ft (3)Ic-ders of supoxo fromincubalor cdiorr'.". Letters* Testirnonials.prif 530.24KB App U licant Signature 1 gave read and rwl eview :he informabor atxwe andfulled 1"out and conpie-ed;he appliGal,o to�he tx-s;of my ahfidy Page 956 of 1023 Grant Application Information Business incubation can be a po rful tool for economic development and entrepreneurship. Incubators specialize an helping start-up and early stage businesses by providing resources such as office space, legal counsel,access to financing options like venture capital,and mentorship. Business incubators can provide entrepreneurs Wath a supportive environment that can help scale up their business. In line Wath its mission,the City of Boynton Beach grill provide support an the forma of grant financing to business incubators Wio incubate Boynton Beach businesses. The Department of Economic Development and Strategy as seeking to support business incubators that address the aforementioned challenges through four(4)separate grants that focus on women,youth,technology,and minority- owned businesses. Each grant grill be a maximum of$10,000.The$10,000 as intended to off-set the cost/fees of the incubator programa for Boynton Beach-based businesses.The grant funds are not intended to support the overall business incubator or solely fund a business incubator. Page 957 of 1023 Grant Application Scoring Criteria Incubator Design(25 points) • Are the four(4)key challenges, identified by the City,addressed? if so, how\Mll they address those challenges? • Do the incubator's proposed services address the goal of the category grant? • What are the expected Immediate outputs,short, medium and long-term goals for Boynton Beach businesses as cohorts of the incubator? • Nowwill the proposed services achieve these results? • Nowwill the incubator's structure contribute to its success? • Are the activities likely to result in stated outputs/outcomes? • Are metrics used to determine how successful the incubator is at incubating cohort businesses? If so,are those metrics clearly stated? • Are outputs presented wth measurablemetrics? • Are outcomes presented wth measurablemetrics? • What makes your incubator innovative? • Now long is your incubation program? Scalability(15 points) • Does the incubator demonstrate scalability for Boynton Beach businesses? • Nowwill the incubator help scale-up Boynton Beach businesses? • Does the incubator demonstrate growth in the larger Boynton Beach business community? • Noware metrics used to determine and measure your cohort's scalability? Sustainability(15 points) • Now likely is it that the services/benefits the incubator provides to Boynton Beach businesses continue after the life of the grant? • Does the incubator identify ways it\Mll continue to incubate Boynton Beach businesses after the life of the grant? • Are the long-term goals for cohort businesses clearly defined? Does the incubator have a defined strategic plan to successfully reach these long-term goals? • What is the success rate for businesses as members of the incubator? • What is your average cohort graduation rate? Organizational Capaity(20 points) • Does the applicant have sufficient activation and capacity to incubate Boynton Beach businesses and manage the incubator and achieve its mission and goals? • Does the applicant have,or have the ability to hire staff(full-time and part-time)and volunteers wth the necessary skills,expertise and experience? • Does the applicant and staff have the necessary skills and experience to contribute to the business incubator's goal of incubating Boynton Beach businesses? • Does the applicant demonstrate sufficient resources,equipment,and staff? • Now many businesses have you incubated over the last year,2 years,and 3 years? Financial (15 points) • Are the potential financial expenditures clearly defined and justified? • Do planned costs ensure optimal delivery of proposed services to Boynton Beach businesses? • Now reasonable are the costs related to the results to be achieved? References(10 points) o Submission of incubator reference letters from existing cohorts or program graduates. Page 958 of 1023 Economic Development Grant Application Or Organization ............... ............... Name of GBDC Entrepreneurship Institute Organization Address* Rtreelhtwdv,s 1500 Gateway Blvd Ac'd-,x,.,s Line 2 Suite 220 a', Exate,'Rovince'R-c i gi Boynton Beach FL RxMal/Zip 0,3de Own"ry 33426 United States Grant Catagory* r Women r Minority r Technology Executive GBDC Entrepreneurship Institute is a 501 c 3 incubator located in Boynton Beach. Summary* The organization focuses on the sustainability of its clients.We serve clients of all phases of businesses and industries. GBDCEI is unique because it combines bricks and mortar incubation wth mobile incubation; made possible by technology and our MELLT Bus.The SBA statistics reporting the survival rate of small businesses is staggering. BDCE1 focuses on infrastructure, professional development,operational support and business/leadership skill for the business owner.As the development plan for the Boynton Beach City Center nears realization, it is essential to have a business and retail mix that is foundationally solid and capable of meeting t the new demands of residents and tourists. GBDCEI respectfully requests$10,000 in funding to identify and work wth 10 women who are interested in growing their business through MBE,WMBE,WOSB Certification.The Boynton Beach Community will be served in the short term by being home to businesses capable of serving the needs of the community. "Buy local"and not"Chain"or Franchises will maintain the home to feel with big-city amenities. Main Contact Person ,""I'll"............... Name* Annette Annmarie Gray Title or Position* Founder/President Phone Number* 5618944500 Email* info@gbdcei.com Organization Description ............... Type of r Non-Profit r For-Profit Organization r Educational Institution r Other Years in Operation* 6 Nurnber of Employees Full Time Part Time Volunteers Contracted Page 959 of 1023 2 4 15 2 Revenue Streams* 'Ahat e your revenue strEom,?R- se sel , all,ihal appiy. Grant/Donations Program Fees Equity Sales Consulting Other Organizational vha pa't ersfi;;-A of asscx,idior;�;does,your organiZaliorbavO h-iosur�rr,syoureffo,s,? Support* Urban League, Boynton,and Delray Beach P'ol'ice Department, Palm Beach County Sherrif Department Cohorts* Re se,y e ihetotal Punmerof D.,h.r,s served s an org Z&'' r. 150 Cohorts Average Re se,y e your verag Purnberof ObhoOS,served it a ye-a% 4 Average Lifespan* 'Ovhai is;he average iifexa,of u('.f'iC.r,S in your€ncuaalor, ograr`'? 25 Graduation Rate* =vhal Es;he average graduali0 .,ate f Gbhcsr,c."as pal,of your lincubalkor Var'if? Graduation rate is not applicable. Clients are served based on a individualized needs analysis Total Cohorts "bw airy`0 he r,s do you plan on serving as pal,of iris G pan.? Served Under 10 Grant* Certifications* Ro'"secheck halapply. W Minority Owned Business Worrien Owned Business None Stages of 'vhal s'aage(s')of-dewelC.�r,3r`n'.are:!'rev Q'.,h.rts you supYx,r,in'"?��cx.�.�.'"^se u�t �;a :h , apply. Development* W Idea:We want to identify the problem/opportunity you want to address Proof of Concept:We have begun testing our idea in the market. W Prototype:We are developing our offerings thru interactions with customers. Pilot:We are refining our offerings and working towards production/release. W Product/Service Development:We are established and focusing on redeveloping our offerings. Growth:We are established and focusing on growth. Other Page 960 of 1023 Incubator Design Re seprcv ,nuc,alled dc.,cripd0 of yourproprs incubalorpr gray . Program* GBDCEI Wll market to and identify a minimum of 10 women-owned existing businesses.The businesses are required to be registered in SunBiz,and have City of Boynton Beach and Palm Beach County BTR.The group wall be guided through the certification maze,assisted with Identifying resources and a formula for getting notification of bids and marketing to prime contractors.The process is as follows: 1. Each participant completes an application and submits structure paperwork and BTR to GBDCEI 2. One on one consulting meeting is conducted BY GBDCEI staff to determine the feasibility of the business of supporting a threshold of business if a bad was awarded.A business plan is analyzed,client list,tax records, insurance bondability potential, NAICS codes are also evaluated 3.The results of the one on one session determines the placement and the milestone plan to each individual. Clients with the appropriate structure,track record,and business plan are assisted with the completion of the County, State or Federal certification (one or all).Those needing assistance with getting ready are assisted with the development of the business plan, necessary insurance,and bonding capacity. Clients who successfully submit the necessary application and necessary supporting document and receive certification are then assisted in marketing the business to Prime contractors or as prime contractors at the Annual IVlatchMaker event in Palm Beach County. Clients are also assisted with setting up a boilerplate document that can be modified to quickly to respond to bads. Ro 3se refer,i. he scoring c iter is in the%pant%3uideflines of the 13u incl afteria Tabfor urs:i cr r"THicR Scalability* Re se provide a de,a llde,,,cnpdOn of,he scallablifty of your incuraa r cd'lods. This program is a technical assistance program. Clients are assisted on an individual business basis and assistance is predetermined by the initial one on one consultation with each client.The findings are used to determine business sustainability.An individual plan is developed to guide the business to success. The businesses in the start-up phase are assisted with business plan development,assisted placement on the vendor list,assisted with the identification of NAICS codes and operational support to prepare them to participate in future opportunities a subcontractor.The business currently doing business as a subcontractor on a county or city level will be assisted with opportunities at the state and federal level either as a subcontractor or a Prime Contractor. Creating businesses with the capacity to conduct businesses year- round and not just during the season is one of the incubator's primary goals. No ver, it is important that the business is competing at a level where they can be successful and grow to the next level with a successfully demonstrated track record. Ro se refer,i. ,he scoring criteria is the%Gxant%3uideflines of he 13u ince afteria Tabfor r urs: cr r"IticR Sustainability* Re se provideade,all ec.,cOr f,he susWi abilli.yufyourincubatcrr,diorts. Most small businesses are unable to compete with their larger counterparts because of the upfront financial burdens of Wrining a contract. GBDCEI Cohorts are assisted with the development of business credit through DUNN and Bradstreet.They are also introduced to multiple financing opportunities such as Invoice Factoring, Bonding Insurance and Business line of credits.Access to funding or the knowledge of how to access funding to perform well in a contract wall prevent the self-fulfilling prophecy of Wrining a contract but have the contract terminated for lack of performance. Ro se refer,i. ,he scoring criteria is the%Gxant%3uideflines of he 13u ince afteria Tabfor r urs: cr r"THicR Page 961 of 1023 Organizational Re se providea de,aiide. or of your incubator's rg irAc apacflj. Capacity* GBDC Entrepreneurship Institute(GBDCEI)is the Black Chamber of Commerce 2018 Nonprofit of the Year Award Winner. GBDCEl began as a for-profit business Incubator Global Business Development Center founded by Annette Gray;after serving as a consultant and trainer for the SBA and many of the SBA's Resource Partners in South Florida.The structure was changed to a nonprofit structure in 2014 was precipitated by market place demand and clients who are accustomed to free services funded by the SBA to resource partners.As a result,competitively and comparatively a for-profit incubator with paid service was not eagerly sought after by clients particularly after the economic downturn of 2008-2011. GBDCEI is Incorporated as a non-profit charitable organization and an educational Community Development Corporation.The organization is an essential part of the South Florida economic development t and is sought after by both clients and strategic alliance partners looking to expand their mission beyond their front door. GBDCEI strives to improve local communities by applying Innovative development strategies and by promoting job creation via small business ownership.Today, GBDCEI focuses on developing entrepreneurs,future entrepreneurs and building capacity for existing small businesses. GBDCEI was founded by Annette Gray.Annette Gray is an established Business Management and Economic Development Specialist,an International keynote speaker and business trainer. She is currently a Commissioner on The Palm Beach County Advisory Commission on the Status of Women and the former Chairperson of the Delray Beach (CRA)and the former Vice-Chair of the Delray Beach Marketing Cooperative(DBMC). Before entrepreneurship,she led and managed teams at Fortune 500 Companies,such as MBNA America Bank and government entities such as the City of Boynton Beach CRA and West Palm Beach DDA. She has overt my years of experience in marketing,economic development and strategic planning in the private and public sectors.Annette has spent the last 15 years dedicated to the development of entrepreneurs and small businesses. She has served as an SBA Consultant and Trainer,for The Florida Women's Business Center,The Jim Moran Institute for Entrepreneurship,The Urban League of the Palm Beaches,the Boynton Beach CRA. The Board is a very tactical combination of individuals who has the skills relevant to navigate the challenges faced by our clients Rcx...�.'3sce refer.i. he scoring criteria in .he(33ra.nt%3uide iftes .r.!'tce&,tiring afteria Tab for r r—ore Or!etIOR Page 962 of 1023 Financial Plan* Re se provide a detailde,,c or of your i,c baler's fin ana,0i plan. Frei ect Budget Program Expenses Training$4,800 2 Training Series(avg.of 80 hours per series @$30/hr) unit cost includes curriculum development, materials,set up and use of computers, instructors'fees and expenses,admin support, and travel) Counseling$2,500 199 hrs @$25/hr(avg. 1 Ohrs per client for a total of 19 clients) Technical Support Workshop$1, 500 (completing the applications refreshments and supplies Marketing/Outreach$500 Program Expenses Subtotal$9,300 Administrative Costs(10%)$930 Total Expenses$ 10,230 (In-kind services from GBDCEl volunteers and community partners includes some training time financial partners time at the round tables and the evaluation for financial documents) Frei ected Revenue 2020 Grants 50,000 Advertising Revenue 30,000 Sponsorships 150,000 Service Income 50,000 Fund raising 69,999 Total Projected Income 360,000 Projected Revenue 2021 Grants 150,000 Advertising Revenue 50,000 Sponsorships 69,999 Service Income 69,999 Fund raising 60,000 MELT ESUS 69,999 Total Projected Income 500,000 Ro 3se refer,i. ;he scoring criteria in,he%xant C3uide;iines o ;he&,oring afteria Tabfor r urs: c r r"ItiOR Capital Funding* Re se provideadetalled de,,,cripdOr ofhoo,your incnnalorw'iadr ,.,sI;,aFundiingfor cd-iorts. GBDCEI does not provide in house funding. However, work closely with local CDFI(Accion USA, Paragon, Center for Enterprise Opportunity)local SBA lenders and Invoice factoring firms to match cohorts with their product.The GBDCEl staff is very know9edgeable of is strategic partners' product and qualifications needed this enables us to better prepare our clients.Additionally,the partners are invited to the annual conference Wiere the cohorts can hear first-hand the lenders are looking to fund. Page 963 of 1023 Business Re se providea detalled descnpdonf P oo,your incubalorwili addFv,.,s Business Educalio with a P'io0s. Education* Clients%ill be required to attend two workshops. The first workshop is a lave in-person instructor-led workshop that outlines the different certifications the levels of government or corporations(Local, regional, National).Attendees will also learn what foundational requirements, documentation,and infrastructure are required to successfully apply for,wan and serve a contract secured through the competitive bad process. The second workshop is a 3-day instructor-led business plan writing booth camp. Participants write the plan is a supportive environment. Participants leave this workshop with a draft business plan. Finally, Participants are required to attend the Annual Business conference were numerous panel maernbers present resources and networking opportunities for participants. Panel mernbers are selected forma the financial,corporate government, products and invention,and marketing communities. This year's conference is a 3 part dinner series held in June,August and November. Danner is served and each event speaker and panel mernbers u&411 focus on different resources for business operations and networking opportunities. Online Presence I Re se providea detalled descriptbrofP'ow your incu to wiliadd ;sbavinc nC)niineResence:::D,nrimtc Commerce with cdioOs. In 2014 GBDCEl became aware of the alarming number of business owners who could not take advantage of the many business assistance programs due to lack of flexibility in how and when the assistance was offered.With this realization,the MELT Bus and the virtual incubation programa began. GBDEl now serves the client either in the traditional business hours for as traditional office, by taking the MELT bus to nearby community organizations within easy access of the business or online via video conferences and webinars.We have found that the attrition rate for our programs has reduced and the number of people served has increased. Infrastructure I Re your incubalor wiliaddm;lir as;ruc!U�e! Odab!eScacc. Affordable Space* GBDCEl does not offer physical incubation space.We, however, refer our clients to the nearby incubators,executive offices or use our in-house Commercial Real- estate broker to assist with placement. Incubator Goals* Re se desc i your goak.,for M.nnc,cd'io s. GBDCEl goals include identifying a minimum of 10 woman-owned businesses and within 12 calendar counts achieve certification at one or multiple levels(city county state or federal). Assist each business owner with setting up systema to receive bad notifications electronically in a timely. Successfully develop a boilerplate that the business can modify and quickly respond to bads. Introduce each business owner to one or more Prime contractor through marketing outreach,the annual conference or the Palma Beach Match Maker Cohort Fee r Yes r No etf'ICS Re se provideand descrityeALL S used fiD r^esus e to G ihoOs progrers.wick Add fiD inset add'NOral rmtncs. Type of Metrics Business Plan Development Description Clients wthout a business plan wall be guided through an Instructor-Led Business Plan writing Booth Camp Type of Metrics Financing Page 964 of 1023 Description The client wall attend the Fourth Annual South Florida Regional Business& Finance conference.The panel is made up of traditional and nontraditional lenders.Additionally, Clients will have the opportunity to meet one on one Wth the GBDCEI Financial Advisor.The advisor grill review financials and tax returns and make recommendations Type of Metrics Minority Certificate Technical Assistance Description Clients are assisted with the applications and supporting documentation for city county,school district State of Florida and Federal GSA&WOSB Defining Success* ea se e.i us how you define he succus;of your Doha'ts in your program Success grill be defined as follows 90%of the cohorts complete applications and submitted to certifying body 80%of cohorts Wthout a business plan complete a business plan in the business plan writing booth camp and one on one technical assistance. 90%of cohorts registered in the electronic notification bad system. 75%of cohorts introduced to Prime contractors or entities looking to acquire service through a competitive bad process. Pitch vent* ;.w .,,your ,° '„ :.�� e�� .rt ra fc.r`nave' cP`��-�� of scar�;Wr,cr? r No,there is no event. r No, but there is a graduation event. r Yes,there is an in person event that we host. r Yes,there is an in person event, but it is hosted by another organization. r Other ocurrient Uploads .... Current Business oto sealla&aCkya xyr`tcr`:ear r, ssi_c s , tc:r cP` rrty:: r, ssi_c s . License GBDCEI I a Florida Non Profit Corporation and not 233.9KEi required to have a city or county BTR.pdf Cohort Support Ro se alladi a!I.shr (3)ici`ers of sup�x,;,froinincubalor c,r.P,c.ris. Lettere Testirnonials.pdf 530.24KB App licant Signature i nave read and review&d:r,e i crmabor atxwe and film out and coirpieted the appliCal,onto the ;,of rry ahliiy. Page 965 of 1023 Grant Application Information Business incubation can be a po rful tool for economic development and entrepreneurship. Incubators specialize an helping start-up and early stage businesses by providing resources such as office space, legal counsel,access to financing options like venture capital,and mentorship. Business incubators can provide entrepreneurs Wath a supportive environment that can help scale up their business. In line Wath its mission,the City of Boynton Beach grill provide support an the forma of grant financing to business incubators Wio incubate Boynton Beach businesses. The Department of Economic Development and Strategy as seeking to support business incubators that address the aforementioned challenges through four(4)separate grants that focus on women,youth,technology,and minority- owned businesses. Each grant grill be a maximum of$10,000.The$10,000 as intended to off-set the cost/fees of the incubator programa for Boynton Beach-based businesses.The grant funds are not intended to support the overall business incubator or solely fund a business incubator. Page 966 of 1023 Grant Application Scoring Criteria Incubator Design(25 points) • Are the four(4)key challenges, identified by the City,addressed? if so, how\Mll they address those challenges? • Do the incubator's proposed services address the goal of the category grant? • What are the expected Immediate outputs,short, medium and long-term goals for Boynton Beach businesses as cohorts of the incubator? • Nowwill the proposed services achieve these results? • Nowwill the incubator's structure contribute to its success? • Are the activities likely to result in stated outputs/outcomes? • Are metrics used to determine how successful the incubator is at incubating cohort businesses? If so,are those metrics clearly stated? • Are outputs presented wth measurablemetrics? • Are outcomes presented wth measurablemetrics? • What makes your incubator innovative? • Now long is your incubation program? Scalability(15 points) • Does the incubator demonstrate scalability for Boynton Beach businesses? • Nowwill the incubator help scale-up Boynton Beach businesses? • Does the incubator demonstrate growth in the larger Boynton Beach business community? • Noware metrics used to determine and measure your cohort's scalability? Sustainability(15 points) • Now likely is it that the services/benefits the incubator provides to Boynton Beach businesses continue after the life of the grant? • Does the incubator identify ways it\Mll continue to incubate Boynton Beach businesses after the life of the grant? • Are the long-term goals for cohort businesses clearly defined? Does the incubator have a defined strategic plan to successfully reach these long-term goals? • What is the success rate for businesses as members of the incubator? • What is your average cohort graduation rate? Organizational Capaity(20 points) • Does the applicant have sufficient activation and capacity to incubate Boynton Beach businesses and manage the incubator and achieve its mission and goals? • Does the applicant have,or have the ability to hire staff(full-time and part-time)and volunteers wth the necessary skills,expertise and experience? • Does the applicant and staff have the necessary skills and experience to contribute to the business incubator's goal of incubating Boynton Beach businesses? • Does the applicant demonstrate sufficient resources,equipment,and staff? • Now many businesses have you incubated over the last year,2 years,and 3 years? Financial (15 points) • Are the potential financial expenditures clearly defined and justified? • Do planned costs ensure optimal delivery of proposed services to Boynton Beach businesses? • Now reasonable are the costs related to the results to be achieved? References(10 points) o Submission of incubator reference letters from existing cohorts or program graduates. Page 967 of 1023 Economic Development Grant Application Or Organization ............... ............... Name of Be.Lead.Grow. Organization* Address* StreelAcidm;s 2405 Quantum Boulevard Acidm;s Line 2 a', 'Skate,'Rovince,'Pe i Ski n Boynton Beach FL Rl/Zip 0,3de 0buntry 33426 United States Grant Catagory* r Women r Minority r Technology Executive Be.Lead.Grow,alongside I OOK Incubator, proposes this innovative approach to Summary* provide professional and personal development support to women owned businesses wthin the City of Boynton Beach. Building upon the findings of our working group\&e propose to address the four components of an incubator, however focusing on their positioning to access and pursue receipt of capital, build social capital, receive mentorship,community and office space to conduct their business. With sustainability in mind our proposal includes:a Business and Leadership Retreat, Lifetime Access to the I OOK Incubator App for Women, 5 Online Coaching Calls wth Arielle Loren and Dr.Angela M. Shuttlesworth,and access to Co-Work Boynton to conduct business operations and to collaborate wth other City of Boynton based businesses. Our proposal provides Immediate and long term access to 50+trainings,weekly calls specialized to effectively run both online and brick and mortar business,and more! With funding and legal partners to support these women owned businesses. Our proposal is budgeted to support 10 women owned businesses. Main Contact Person ,""I'll"............... Name* Dr.Angela M. Shuttleswarth Title or Position* Founder&CEO of Be.Lead.Grow. Phone Number* 561-889-9199 Email* DrAMS@BeLeadGrow.com Organization Description ............... Type of r Non-Profit r For-Profit Organization r Educational Institution r Other Years in Operation* 2 Nurriber of Employees Full Time Part Time Volunteers Contracted Page 968 of 1023 1 5 Revenue trearra* 'Ovhat are your revenue strEom?R- se set , all Mal appiy. Grant/Donations Program Fees Equity Sales Consulting Other Organizational vha pa'tneers' ;r of asscx,idio;�;does,your organiZalior havO 'bo sup�xxls your effo,s,? Support* This proposal is done in conjunction Wth 1 OOK Incubator and CoWork Boynton, however no additional organizational support is used for the financial day to day operations of the organization. At present our CEO is a board mernber of the National Forum for Black Public Administrators South Florida Chapter which has a corporate advisory council that partners Wth small and woman owned businesses throughout South Florida including Boynton Beach. Our leadership within Be.Lead.orow., LLC, is uniquely positioned to wark in partnership with the Director Tonya Davis-Johnson of the Palm Beach County Office of Small Business Assistance,and thus aware of the recent disparity study that speaks to the challenges that women business owners have historically faced and potential strategies and supports being put in place to support them. In addition,our organization is an affiliate of Nonprofits First which partners Wth non- profit business owners who are mission focused,alongside those who face challenges and are unable to go the desired for-profit route because of funding but find solace in the non-profit space. Lastly, being housed in CoWork Boynton, uniquely positioned to access support. Cohorts* Re'"3se,y e ihetotal Punmerof D.,h.r,s served s an org Z&'' r. 2 Cohorts Average Re se,y e your verag Purnberof ObhoOs served it a yeea% 2 Average Lifespan* vhal Es;he average iife�xa,of r,(.P'ioilS in your incubarcr, ograrn'? 4 months Graduation Rate* Aa!ES;heaveragegradualiO raleof 0ohest,"as pa'tof your InGuba r Warll? 95% Total Cohorts "bw i mpy 0 he i,s do you plan on serving as pal,of iris G pan"? Served Under 1 Grant* Certifications* Ro'"3secheck hal apply. W Minority Owned Business Worrien Owned Business None Stages of 'vhal Mage(s)of-dewelC.�r,3!`n'.are:!'rev Q'.,h.rts you supYx,t,in'"?Rcx.�.�.'"^se uhk all h , apply. Development* W Idea:We want to identify the problern/opportunity you want to address Proof of Concept:We have begun testing our idea in the market. W Prototype:We are developing our offerings thru interactions with customers. Pilot:We are refining our offerings and working towards production/release. W Product/Service Development:We are established and focusing on redeveloping our offerings. Growth:We are established and focusing on growth. Other Page 969 of 1023 Incubator Design Re seprcv ,nuc,aled dc.,cripd0 of yourproprs incubalorpr gray . Program* As the recipient of the working group,our organization is uniquely positioned to capitalize on the quantitative and rich qualitative data received from women business owners.With a goal of creating solutions targeted to their major issues, we propose to address their access to capital,enhance ongoing relationships and soft skills to nurture social capital as a community for both short and long term.As a believer on the importance of HEALTHY Leadership,our organization proposes: 1 Business and Leadership Retreat, Lifetime Access to the 1 OOK Incubator App and its wide ranging benefits, 5 Online Coaching Calls with Arielle Loren and Ur. Angela M. Shuttlesworth.The 4-Flour Leadership Retreats to"Level Up&Lead," in their business grill focus on identifying and overcoming barriers that hinder progress and profit. Participants will receive training on leadership development, maximizing their business positioning and financial capital secrets that they need to succeed. In addition,they grill receive access to 51+video trainings detailed at http:lll tltlkincubator.corrv. In addition, participants will also receive Love Coaching Calls 3X Per Week wth experts from various aspects of business development and sustainability(social media ads,content development, hiring effectively,etc.). Lastly,six private virtual coaching calls, inclusive of clear metrics on sales, leads and owner experience,grill influence their ability to sustain their identified cession and vision,while focusing on building capital and gaining profits.Aware of self- imposed barriers,we have included personal development and emotional intelligence focused trainings to strengthen their ability to make meaningful connections and build relationships beyond the grant. Including the only app that exists in this form,this incubator is innovative in its high level of access(online web and mobile)and access to other women business owners around the world with businesses from a plethora of industries, presenting opportunities for collaboration and support. Ro 3se refer,i. he scoring c iter is in the%pant%3uideflines of the 13u ince afteria Tabfor rurs:i cr r"IticR Scalability* Re se provide a de,aiide,,cOr f,he scallabillity of your incubalor cr.loris. This incubator utilizes a web app wth desktop access that mernbers can utilize from anywhere wth\Mfi access. Kno\Mng this,there is limitless potential and was built with the intention of growth.Trainings are proposed and influenced by the needs of its mernbers and referral based incentives are given to members thus allowing for trust-filled marketing and a'rolling"enrollment.The free three day trial is a clear pathway to ensure that participants get exposure to the app and are satisfied before paying the monthly or annual fee.As demonstrated in the letter of support with testimonials and on the website there is clear evidence of how this incubator can support City of Boynton Beach based businesses.The growth of this incubator ensures success and exposure for CoWork Boynton and Be.Lead.Grow.thus every effort is made to grow the business community wthin Boynton Beach as are healthier and better together. Ro se refer,i. ,he scoring criteria is the%Gxant%3uideflines of he 13u ince afteria Tabfor r urs: cr"THIM. Sustainability* Re se provideade,all ec,,cOr f,he susWi abilli.yufyourincubatcrr,diorts. Given that mernbers\rill receive lifetime access to the app,trainings, resources (e.g. budget templates,video tutorials,etc.)wall ensure sustainability for the participants. In its current form,the app has been in operation for 1.5 years and in that time 1,500 women have been served in the app,40 have received private mentorship and success is defined by increase in sales and receipt of capital funding.At present 95%are deemed successful. Long term goals are identified and are attached to overarching strategic plan which includes a reach of business owners beyond the South Florida region. Ro se refer,i. ,he scoring criteria is the%Gxant%3uideflines of he 13u ince afteria Tabfor r urs: cr r"IticR Page 970 of 1023 Organizational Re se provide a detailde.,' or o f your incubator's ,rpt€c apacflj. Capacity* Our passion and commitment to the businesses within the City of Boynton Beach was demonstrated during our facilitation of the workgroups.We go above and beyond what's written to ensure that the needs of the participants are met.We incorporate location, national and global resources to support participants and\Mll do so moving forward.The participants\Mll be welcomed into the CoWork Boynton family as their added value\Mll solely benefit the other businesses,as are truly a community. In addition to the current staff and support of Be.Lead.Grow.,this incubator relies on the supports of 1 OOK Incubator and CoWork Boynton which exceeds the necessary support to manage expectations and support. Given that the app is fully funded and operable beyond the grant they will be in great hands. The owners of each of the partners is expert level as they have supported organizations from start up to Fortune 30,and are aware of the unique needs and supports at each level as outlined above. Knowing that growth is inevitable,the support needed for this expansion has been allocated for in the financial plan and is done so at a realistic and market rate.As demonstrated in the attached letter of support and on the website through testimonials all facilitators have received raving reviews for their skills,talents and use of resources.We utilize cutting edge technology and platforms to ensure that participants receive the absolute best. Ro 3se refer,i. ;he scoring criteria in,he(33rant C3uide;iines o ;he 13ux inq afteria Tabfor rurs: c r l"THiM. Financial Plan* Re se providea detailde,,' Or of your incubator's fin anuai plan. An agreement has been met between all incubator partners and to ensure that this is a success,thus resources and contributions are being allocated and provided on a discounted basis, knowing the financial restraints of participants. Funds from the participant will pay for a community manager to ensure that needs are being addressed,the cost of speakers and retreat facilitation will cost$7,500, food is budgeted at$500 for both breakfast, lunch and snacks,which is being sponsored by both Be.Lead.Grow.and 1 OOK Incubator,and the location is being sponsored by CoWork Boynton. Ongoing coaching sessions,access to app, ongoing support total$5K and are also funded through ongoing budgeting that is currently funding ongoing efforts. Each company receives funding based on other services and products,thus the business is sustainable beyond the proposed incubator.The additional funding from the grant ensures a high level of quality, additional support unique to City of Boynton Beach business owners and the needs outlined in the working group. Lastly the community membership for CoWork Boynton is$50/rronth and 6 months for each of the 10 participants is included in this budget. Ro 3se refer,i. he scoring cite is in ,he(33rant C3uide;iin , .f,he&,oring afteria Tabfor urs: c r l"ItiOR Capital Funding* Re ase;ovideadetalled de,,'cripdOr ofhow your incubaalo w'iaddm,.,s'_IpitaFundiing for cd—forts. Participants will receive access to the 1 OOK Incubator app which is the first business funding app for women in Apple and Google's app stores. Participants will immediately get access to 50 video trainings to ensure that they are well- versed in how to use working capital to take their business to the next level,get access to our funding partners,and secure the money to scale their business. Three modules: Prepare Your Financials, Secure Your Funding and Scale to 1 OOK are how trainings are categorized and also the premise for grant specific live coaching. In addition we\Mll cover these aspects in person at the Leadership Retreat and specifically discuss barriers that hinder progress and strategies that are unique to this area,and proven strategies worldwide. The app has an 80%returning mernber retention rate,with 50%of members actively contributing and engaging with content in the community. Page 971 of 1023 Business Re se providea de,aii description f P oo,your incubalorwili addiea;Business Educalio with a P'io0s. Education* Business education is the foundation of the incubator and is provided in both in person and online formats.With an understanding of Adult Learning Theory have considered the various needs and have interactive formats for the various levels of business. For example,there are built in assessments,tools and resources for each training. For those who feel that they have surpassed a level of expertise they can review items to see of it is needed and advance to the following level of it is not. For others it serves as introduction and or reiteration of at is needed to ensure that they have a successful business. Online Prese nce I Re ser vide a detail es'criptbrof how your incubalor incubatorwili add ;s havinc n C)rriine Resence m.-D,,amtrc with .,Pions. Commerce A third of the trainings are dedicated to ensuring their services are priced properly,sourced efficiently and able to be given to their online community. Examples include:Visual Branding,Websites, Social Media vs. Paid Advertising, Facebook Databases and Analytics and more.There is also a in-person portion of the retreat and a coaching call dedicated to this as%ell.As participants create new products and services they%rill be able to access these tools and resources as they will receive lifetime access to the app. Infrastructure I Re se provide ade,,aiied des'criptbn of how your incubalor wili addiea;s lntras�rudura!M fordablepace. Affordable Space* At minimum, participants%rill receive community member access to CoWork Boynton,a 24 hour coworking facility in the city,to perform their business operations and host events of needed.As a community member they will receive 4 Visits per month and 3 Fours of reserved Meeting Room time. In addition they%rill receive Print/Scan/Fax capabilities, Complimentary Coffee/Teal Faltered Water& Snacks,as well as access to special events,and 20%discount on additional Day Passes and additional Meeting Room time. If there is a participant that requires additional time that grill be negotiated on a case by case basis. Incubator Goals* Re se desc i your gods for M.nnc,cdioi s. This incubator is proposed with a goal of each business owner receiving an increase in sales alongside clear financial operations,and pursuit of funding/capital. Cohort Fee r Yes r No Fee Amount $ 197.00 Metrics Re ase provideand de'c i ALL -used io r^esus e the Gbhoils progrers.aickAdd io insei;add'NOral rmtrics. Type of Metrics Increase in Sales,Access and use of financial tools as outlined in the app, pursuit and receipt of funding Description During the business and leadership retreat participants%rill identify specific barriers they have had to achieving success(in operations,financial management and funding,alongside social supports as well). Participants will receive checklists to ensure that they are operating in an efficient and successful manner. Success is defined by an increase in sales,access and use of financial tools as outlined in the app,and pursuit and receipt of funding. Engagement in trainings and coaching%rill be tracked as%ell. Defining Success* Re sete.i as how you defgine'ihe s Accu-;of your shorts in your program At present,success is defined as an increase in sales and receipt of funding. Page 972 of 1023 Pitch Event I.xm-ys your organizatfor have cg,event of som,Wnd? r No,there is no event. r No, but there is a graduation event. r Yes,there is an in person event that we host. r Yes,there is an in person event, but it is hosted by another organization. r Other Docurrient Uploads ............... Current Business Re sealla&aatyof License* TaxDetail—Be Lead Grov,(2020.pdf 86.34KB Cohort Support R-sea acP a I.s;ft (3)Ic-ders of supoxo fromincubalor cdiorr'.". Letters* GrantSubmission.docx 21.78KB App U licant Signature 1 gave read and reviewwl:he informabor atxwe andfulled 1"out and conpie-ed;he appliGal,o to�he bes;of my ahfidy Page 973 of 1023 Grant Application Information Business incubation can be a po rful tool for economic development and entrepreneurship. Incubators specialize an helping start-up and early stage businesses by providing resources such as office space, legal counsel,access to financing options like venture capital,and mentorship. Business incubators can provide entrepreneurs Wath a supportive environment that can help scale up their business. In line Wath its mission,the City of Boynton Beach grill provide support an the forma of grant financing to business incubators Wio incubate Boynton Beach businesses. The Department of Economic Development and Strategy as seeking to support business incubators that address the aforementioned challenges through four(4)separate grants that focus on women,youth,technology,and minority- owned businesses. Each grant grill be a maximum of$10,000.The$10,000 as intended to off-set the cost/fees of the incubator programa for Boynton Beach-based businesses.The grant funds are not intended to support the overall business incubator or solely fund a business incubator. Page 974 of 1023 Grant Application Scoring Criteria Incubator Design(25 points) • Are the four(4)key challenges, identified by the City,addressed? if so, how\Mll they address those challenges? • Do the incubator's proposed services address the goal of the category grant? • What are the expected Immediate outputs,short, medium and long-term goals for Boynton Beach businesses as cohorts of the incubator? • Nowwill the proposed services achieve these results? • Nowwill the incubator's structure contribute to its success? • Are the activities likely to result in stated outputs/outcomes? • Are metrics used to determine how successful the incubator is at incubating cohort businesses? If so,are those metrics clearly stated? • Are outputs presented wth measurablemetrics? • Are outcomes presented wth measurablemetrics? • What makes your incubator innovative? • Now long is your incubation program? Scalability(15 points) • Does the incubator demonstrate scalability for Boynton Beach businesses? • Nowwill the incubator help scale-up Boynton Beach businesses? • Does the incubator demonstrate growth in the larger Boynton Beach business community? • Noware metrics used to determine and measure your cohort's scalability? Sustainability(15 points) • Now likely is it that the services/benefits the incubator provides to Boynton Beach businesses continue after the life of the grant? • Does the incubator identify ways it\Mll continue to incubate Boynton Beach businesses after the life of the grant? • Are the long-term goals for cohort businesses clearly defined? Does the incubator have a defined strategic plan to successfully reach these long-term goals? • What is the success rate for businesses as members of the incubator? • What is your average cohort graduation rate? Organizational Capaity(20 points) • Does the applicant have sufficient activation and capacity to incubate Boynton Beach businesses and manage the incubator and achieve its mission and goals? • Does the applicant have,or have the ability to hire staff(full-time and part-time)and volunteers wth the necessary skills,expertise and experience? • Does the applicant and staff have the necessary skills and experience to contribute to the business incubator's goal of incubating Boynton Beach businesses? • Does the applicant demonstrate sufficient resources,equipment,and staff? • Now many businesses have you incubated over the last year,2 years,and 3 years? Financial (15 points) • Are the potential financial expenditures clearly defined and justified? • Do planned costs ensure optimal delivery of proposed services to Boynton Beach businesses? • Now reasonable are the costs related to the results to be achieved? References(10 points) o Submission of incubator reference letters from existing cohorts or program graduates. Page 975 of 1023 Economic Development Grant Application Or Organization ............... ............... Name of Be.Lead.Grow. Organization* Address* StreelAcidm;s 2405 Quantum Boulevard Acidm;s Line 2 a', 'Skate,'Rovince,'Pe i Ski n Boynton Beach FL Rl/Zip 0,3de 0buntry 33426 United States Grant Catagory* r Women r Minority r Technology Executive Be.Lead.Grow,alongside I OOK Incubator, proposes this innovative approach to Summary* provide professional and personal development support to women owned businesses wthin the City of Boynton Beach. Building upon the findings of our working group\&e propose to address the four components of an incubator, however focusing on their positioning to access and pursue receipt of capital, build social capital, receive mentorship,community and office space to conduct their business. In addition to these needs\&e incorporate our work regarding racial equity. With sustainability in mind our proposal includes:a Business and Leadership Retreat, Lifetime Access to the I OOK Incubator App trainings, 5 Online Coaching Calls wth Arielle Loren and Dr.Angela M. Shuttlesworth,and access to Co-Work Boynton to conduct business operations and to collaborate wth other City of Boynton based businesses. Our proposal provides Immediate and long term access to 50+trainings,weekly calls specialized to effectively run both online and brick and mortar business,and more! With funding and legal partners to support these women owned businesses. Our proposal is budgeted to support 10 minority owned businesses. Main Contact Person ,""I'll"............... Name* Dr.Angela M. Shuttleswarth Title or Position* Founder&CEO Phone Number* 561-889-9199 Email* DrAMS@BeLeadGrow.com Organization Description ............... Type of r Non-Profit r For-Profit Organization r Educational Institution r Other Years in Operation* 2 Nurriber of Erriployees Page 976 of 1023 Full Time Part Time Volunteers Contracted 1 5 Revenue Streams* 'Ahat e your revenue strEom?R- se seleed all,ihal apply. Grant/Donations W Program Fees Equity Sales W Consulting Other Organizational =vha pa't,ears ;r„.rasscx,idior;�;does,your organiZaliorbavO h-iosup�xxlsyoureffoi"? Support* This proposal is done in conjunction Wth 1 OOK Incubator and CoWork Boynton, however no additional organizational support is used for the financial day to day operations of the organization. At present our CEO is a board mernber of the National Forum for Black Public Administrators South Florida Chapter which has a corporate advisory council that partners Wth small and woman owned businesses throughout South Florida including Boynton Beach. Our leadership within Be.Lead.orow., LLC, is uniquely positioned to wark in partnership with the Director Tonya Davis-Johnson of the Palm Beach County Office of Small Business Assistance,and thus aware of the recent disparity study that speaks to the challenges that women business owners have historically faced and potential strategies and supports being put in place to support them. In addition,our organization is an affiliate of Nonprofits First which partners Wth non- profit business owners who are mission focused,alongside those who face challenges and are unable to go the desired for-profit route because of funding but find solace in the non-profit space. Lastly, being housed in CoWork Boynton, uniquely positioned to access support. Cohorts* Re'"3se,y e ihetotal Punmerof D.,h.r,s served as an org Z&'' r. 2 Cohorts Average Re'"3se,y e your verag Purnberof Gbhoi,s servej it a yam'"% 2 Average Lifespan* vhal ES;he average iife�xa,of r,(.hoilc."in your incubarcr, ograrn'? 4 Months Graduation Rate* A a!ES;he ave:"a eradualiO . teof=�°hctS as�a,of your Incuba r kaEll? 95% Total Cohorts !bw rmpy 0 he i,s do you plan on serving as pal,of iris G pan"? Served Under 1 Grant* Certifications* Ro'"3secheck hal appiy. Minority Owned Business W Worrien Owned Business r— None Stages of vha S:ate(s')oafut;ve1()3r`Ln1.are;heQ'.,hor,Syou SuzYx,;lin?Re secheeckall Mal appiy. Development* W Idea:We want to identify the problern/opportunity you want to address W Proof of Concept:We have begun testing our idea in the market. Prototype:We are developing our offerings thru interactions with customers. W Pilot:We are refining our offerings and working towards production/release. Product/Service Development:We are established and focusing on redeveloping our offerings. W Growth:We are established and focusing on growth. Other Page 977 of 1023 Incubator Design Re seprcv ,nuc,aled dc.,cripd0 of yourproprs incubalorpr gray . Program* As the recipient of the working group,our organization is uniquely positioned to capitalize on the quantitative and rich qualitative data received from women business owners.With a goal of creating solutions targeted to their major issues, we propose to address their access to capital,enhance ongoing relationships and soft skills to nurture social capital as a community for both short and long term.As a believer on the importance of HEALTHY Leadership,our organization proposes: 1 Business and Leadership Retreat, Lifetime Access to the 1 OOK Incubator App and its wide ranging benefits, 5 Online Coaching Calls with Arielle Loren and Ur. Angela M. Shuttlesworth.The 4-Flour Leadership Retreats to"Level Up&Lead," in their business grill focus on identifying and overcoming barriers that hinder progress and profit. Participants will receive training on leadership development, maximizing their business positioning and financial capital secrets that they need to succeed. In addition,they grill receive access to 51+video trainings detailed at http:lll tltlkincubator.corrv. In addition, participants will also receive Love Coaching Calls 3X Per Week wth experts from various aspects of business development and sustainability(social media ads,content development, hiring effectively,etc.). Lastly,six private virtual coaching calls, inclusive of clear metrics on sales, leads and owner experience,grill influence their ability to sustain their identified cession and vision,while focusing on building capital and gaining profits.Aware of self- imposed barriers,we have included personal development and emotional intelligence focused trainings to strengthen their ability to make meaningful connections and build relationships beyond the grant. Including the only app that exists in this form,this incubator is innovative in its high level of access(online web and mobile)and access to other women business owners around the world with businesses from a plethora of industries, presenting opportunities for collaboration and support.Aware of recent disparity studies and our work with racial equity an intentional effort to account for the unique experience of minority business owners grill take place.We are proposing an Intimate group of 10.As a certified MWBE at the city,county and state level resources will be provided to offer additional supports for that as well.We grill include an overview of cocrnon mistakes&a template for submitting documents to the state level. Ro se refer fiD,he scoring criteria is Lire%pant%3uideflines of he 13u ince afteria Tabfor r ure cr r"IticR Scalability* Re se provide a de,a llde,,cOr f,he scallabillity of your incubalor cr.loris. This incubator utilizes a web app wth desktop access that mernbers can utilize from anywhere wth\Mfi access. Kno\Mng this,there is limitless potential and was built with the intention of growth.Trainings are proposed and influenced by the needs of its mernbers and referral based incentives are given to members thus allowing for trust-filled marketing and a'rolling"enrollment.The free three day trial is a clear pathway to ensure that participants get exposure to the app and are satisfied before paying the monthly or annual fee.As demonstrated in the letter of support with testimonials and on the website there is clear evidence of how this incubator can support City of Boynton Beach based businesses.The growth of this incubator ensures success and exposure for CoWork Boynton and Be.Lead.Grow.thus every effort is made to grow the business community wthin Boynton Beach as are healthier and better together. Ro se refer fiD;he scoring criteria is Lire%pant%3uideflines of he 13u ince afteria Tabfor r ure cr"THIM. Page 978 of 1023 Sustainability Re se provide a detall es o f,he susWi abil'I.y of your incu to cd,c.rts. Given that mernbers\Mll receive lifetime access to the app,trainings, resources (e.g. budget templates,video tutorials,etc.)will ensure sustainability for the participants. In its current forma,the app has been in operation for 1.5 years and in that time 1,500 women have been served in the app,40 have received private maentorship and success is defined by increase in sales and receipt of capital funding.At present 95%are deemed successful. Long terms goals are identified and are attached to overarching strategic plan which includes a reach of business owners beyond the South Florida region. In addition, Dr. Shuttlesworth has developed racial equity trainings and supports for organizations across the country and\Mll infuse that work to support this effort in a sustainable way. Ro 3se refer,i. ;he scoring criteria in,he%xant C3uide;iines o ;he&,oring afteria Tabfor r urs: c r r"ItiOR Organizational Re se provideade,aiied de.,'cnpdOrofyouri,c batcr'sr, ,ratio a achy. Capacity*acity* Our passion and commitment to the businesses within the City of Boynton Beach was demonstrated during our facilitation of the workgroups.We go above and beyond what's written to ensure that the needs of the participants are meet.We incorporate location, national and global resources to support participants and\Mll do so moving forward.The participants\Mll be welcomed into the CoWork Boynton family as their added value\Mll solely benefit the other businesses,as are truly a community. In addition to the current staff and support of Be.Lead.Grow.,this incubator relies on the supports of 1 OOK Incubator and CoWork Boynton which exceeds the necessary support to manage expectations and support. Given that the app is fully funded and operable beyond the grant they wall be in great hands. The owners of each of the partners is expert level as they have supported organizations from start up to Fortune 30,and are aware of the unique needs and supports at each level as outlined above. Knowing that growth is inevitable,the support needed for this expansion has been allocated for in the financial plan and is done so at a realistic and market rate.As demonstrated in the attached letter of support and on the website through testimonials all facilitators have received raving reviews for their skills,talents and use of resources.We utilize cutting edge technology and platforms to ensure that participants receive the absolute best. Ro se refer,i. ;he scoring criteria in,he%Gxant%amide;iines of he 13u ing afteria Tabfor r urs: c r"THIM. Financial Plan* Re se provide a detailed de,,'cripdOr of your incubator's fin ancial plan. An agreement has been meet between all incubator partners and to ensure that this is a success,thus resources and contributions are being allocated and provided on a discounted basis, knowing the financial restraints of participants. Funds from the participant wall pay for a community manager to ensure that needs are being addressed,the cost of speakers and retreat facilitation wall cost$7,500, food is budgeted at$500 for both breakfast, lunch and snacks,which is being sponsored by both Be.Lead.Grow.and 1 OOK Incubator,and the location is being sponsored by CoWork Boynton. Ongoing coaching sessions,access to app, ongoing support total$5K and are also funded through ongoing budgeting that is currently funding ongoing efforts. Each company receives funding based on other services and products,thus the business is sustainable beyond the proposed incubator.The additional funding from the grant ensures a high level of quality, additional support unique to City of Boynton Beach business owners and the needs outlined in the working group. Lastly the community membership for CoWork Boynton is$50/rnonth and 6 months for each of the 19 participants is included in this budget. Ro se refer,i. ;he scoring criteria in,he%Gxant%amide;iines of he&,or ing afteria Tabfor r urs: c r r"ItIOR Page 979 of 1023 Capital l Funding* Re se provideade,aiied de,,'cnpdor ofhoo,your incu to wiliadc ;sI_I ifta undingforc.-iorts. Participants wall receive access to the 199K Incubator app which is the first business funding app for women in Apple and 000gle's app stores. Participants wall Immediately get access to 50 video trainings to ensure that they are well- versed in how to use working capital to take their business to the next level,get access to our funding partners,and secure the money to scale their business. Three modules: Prepare Your Financials, Secure Your Funding and Scale to 199K are how trainings are categorized and also the premise for grant specific lave coaching. In addition we%rill cover these aspects in person at the Leadership Retreat and specifically discuss barriers that hinder progress and strategies that are unique to this area,and proven strategies rldwade. The app has an 80%returning mernber retention rate,wth 50%of mernbers actively contributing and engaging with content in the community.Although this app was developed with women in mind a platforms wall be developed for male maerrobers of this cohort and thus they wall have access to all trainings as outlined on the website. Business Re se provide a detailed de�cripdOr of how your incubalor incubatorwile add ;s Business:ducaliO with r,d'loOS'. Education* Business education is the foundation of the incubator and is provided in both in person and online formats.With an understanding of Adult Learning Theory have considered the various needs and have interactive formats for the various levels of business. For example,there are built in assessments,tools and resources for each training. For those who feel that they have surpassed a level of expertise they can review items to see of it is needed and advance to the following level of it is not. For others it serves as introduction and or reiteration of at is needed to ensure that they have a successful business. Online Prese nce I Re se provide a detallde,,'Gnptb f how your incubalor incubatorwili add ;s havinc an C)n ine Resence m.-Do am—c wits .P'ioOs. Commerce A third of the trainings are dedicated to ensuring their services are priced properly,sourced efficiently and able to be given to their online community. Examples include:Visual Branding,Websites, Social Media vs. Paid Advertising, Facebook Databases and Analytics and more.There is also a in-person portion of the retreat and a coaching call dedicated to this as%ell.As participants create new products and services they%rill be able to access these tools and resources as they wall receive lifetime access to the app. Infrastructure I Re se provide a detalled de,,'cripdOr of how your incubalor wili addm;s lir ras;udura! ordable Space. Affordable Space* At minimum, participants%ill receive community maerrober access to CoWork Boynton,a 24 hour coworking facility in the city,to performs their business operations and host events of needed.As a community maerrober they wall receive 4 Visits per month and 3 Fours of reserved Meeting Rooms time. In addition they%ill receive Print/Scan/Fax capabilities, Complimentary Coffee/Teal Faltered Water& Snacks,as well as access to special events,and 20%discount on additional Day Passes and additional Meeting Rooms time. If there is a participant that requires additional time that wil be negotiated on a case by case basis. As noted above additional support is created to support male maerrobers and a private community forums is available of elected by maerrobers as%ell. Incubator Goals* Re se desc i your gods for M.nnc,r;d io s. This incubator is proposed with a goal of each business owner receiving an increase in sales alongside clear financial operations,and pursuit of funding/capital. Cohort Fee r Yes r No Fee Amount $ 197.00 Metrics Page 980 of 1023 Re se provideand desc iue-?.ALL "q `i used io i^ :.sup v;",e GbhoOs progrers.nick Add io insei;add'o `C.trick;. Type of Metrics Increase in Sales,Access and use of financial tools as outlined in the app, pursuit and receipt of funding Description During the business and leadership retreat participants grill identify specific barriers they have had to achieving success(in operations,financial management and funding,alongside social supports as well). Participants will receive checklists to ensure that they are operating in an efficient and successful manner. Success is defined by an increase in sales,access and use of financial tools as outlined in the app,and pursuit and receipt of funding. Engagement in trainings and coaching grill be tracked as%ell. Identification of cultural triggers and identification of coping and use of emotional intelligence strategy will be discussed/tracked as well. Defining Success* Re sete.i us how your define she succ;5;of your shorts in your program . At present,success is defined as an increase in sales and receipt of funding. Pitch vent* ::Xx�your crg ra€crgaveGbevenft fsot mtWird? r No,there is no event. r No, but there is a graduation event. r Yes,there is an in person event that we host. r Yes,there is an in person event, but it is hosted by another organization. r Other ocurnent Uploads Current Business oto seal:a&aaty xyrto :yea ir, ssLic s , too cP rrty:: ir, ssLic s . License* TaxDetail_BeLead Gro 020.pdf 86.34KB Cohort Support Ro se al:adi a!I.s;ihr (3)Ic-ders of sup�x ,froinincubalor a.iods. Lettere GrantSubmission.docx 21.78KB Ap Plicant Signature i Pave read and review!;he i crmabor ,atxwe and filledout and coir feted the appliCal o to the Lei;,of rry ahliiy. Page 981 of 1023 CD uo N cn 4) Ol c— cn cn LL CO a--� M U N 0 C� o N W co0) N mco CDL W a • O • - O UO �' ii O c U m O 4) L- >.. 4-j U w 00 0 O O O O O O O 0 O O O O O L LO L Lr) r-i ri r-I N N N N ilh ih ij)- qj)- °w N O N O 0NO O O N W O N O -0N 00 N E O r' O 0) N r-I N � Qmcli -2: N C) I V o 0) O =3 N �' o O c6 N a--� N CL a Q � � Q ca C7 N H N H N CL m m •N � i aJ aJ J GJ � m Q GJ N U CA J txo Ln O C 0 O3 J O _ N W _ QN� Q J Q O �.., . . .� Ln . . ._ i �, O C: 1.O L C: i O U 4a C: i a E N e i O N :O = N � W O (D .� O O _0C: O CL CLLn CL CLN N N CL CL - 4-1 i m .0 4-J00 w °° .O w o z w O z o 0 0 o � m m V m N Vf O O � •N � N A m m m m 0 0 0 0 0 0 0 0 c o 0 � � o N H CL 4-J �_ 4 N .� 4-J 4-J ate., +�+ N N N GD V m V o J Q J Q L _Q o S S Sco co UJ t)o (a')) t—)o (L) m 0- m 0- C: CL EJ O J V Co W m W I W I in m I i m c o ++ , U � H N � N H � � m m m O bn E O O ) O o p V a--� C: +-+ C� O Np U o C�0 o V co •� V C6co Q °' c a E N O 4� 4-j =30 DC 4-j m � +, _0 E o 0 V � � Q 4-j Ln a--' C: p V) W a--+ � N 0 O 0) co N O co d 0 12.A. LEGAL 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Proposed Ordinance No. 20-007-First Reading - Establishing the Boynton Beach Community Redevelopment Agency (CRA) sunset date and a)dending the time certain for the completion of projects described in the Community Redevelopment Plan. Explanation of Request: In September of 2014, at the recommendation of the CRA, the City of Boynton Beach clarified that the time certain for the CRA to sunset is September 30, 2044, 60 years from the date the original redevelopment plan was adopted. As a result of the 2019 legislation that amended the CRA statutes, the Sunset Date for the CRA automatically reset to September 30, 2039, unless the City of Boynton Beach approves the continued existence of the CRA beyond this date by majority vote (see attached CRA Statute CS-1-1139). On February 11, 2020, the CRA adopted the attached Resolution No. 2020-02 as the CRA's formal recommendation to the City of Boynton Beach that the City of Boynton Beach readopt the Sunset Date of September 30, 2044, as previously selected by the City of Boynton Beach. 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 989 of 1023 ATTACHMENTS: Type Description D Ordinance Ordinance Establishing CRA Sunset date D Attachment CRA Statute CS-HB9 D Attachment CRA Resolution R20-02 Page 990 of 1023 I ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ESTABLISHING A SUNSET DATE FOR THE 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT 6 AGENCY (CRA); PROVIDING FOR REPEAL OF ALL 7 ORDINANCES IN CONFLICT, SEVERABILITY; AND AN 8 EFFECTIVE DATE. 9 10 11 12 WHEREAS, in September, 2014, the City Commission approved Ordinance 14-026 13 clarifying that the time certain for the CRA to sunset is September 30, 2044, 60 years from the 14 date the original redevelopment plan was adopted; and 15 16 WHEREAS, as a result of the 2019 legislation that amended the CRA statutes, the 17 Sunset Date for the CRA automatically reset to September 30,2039,unless the City of Boynton 18 Beach approves the continued existence of the CRA beyond this date by majority vote; and 19 20 WHEREAS, the City Commission finds that it is necessary to establish the sunset date 21 to a time certain to make the Community Redevelopment Plan consistent with the Florida 22 Statutes; and 23 24 WHEREAS, the City Commission has held a public hearing after public notice in 25 conformance with the requirements of the Act. 26 27 WHEREAS,pursuant to Florida Statute 163.3755 , a community redevelopment agency 28 in existence on October 1, 2019, shall terminate on the expiration date provided in the agency's 29 charter on October 1, 2019, or on September 30, 2039, whichever is earlier, unless the governing 30 body of the county or municipality that created the community redevelopment agency approves its 31 continued existence by a majority vote of the members of the governing body; and 32 33 WHEREAS, if the governing body of the county or municipality that created the 34 community redevelopment agency does not approve its continued existence by a majority vote 35 of the governing body members, a community redevelopment agency with outstanding bonds 36 as of October 1, 2019, that do not mature until after the termination date of the agency or 37 September 30, 2039,whichever is earlier,remains in existence until the date the bonds mature; 38 and 39 40 WHEREAS, a community redevelopment agency operating under this subsection on 41 or after September 30, 2039, may not extend the maturity date of any outstanding bonds. The 42 county or municipality that created the community redevelopment agency must issue a new 43 finding of necessity limited to timely meeting the remaining bond obligations of the community 44 redevelopment agency; and 45 46 1 S:ACA\Ordinances\Re-Adopting CRA Sunset-Ordinance.Docx Page 991 of 1023 47 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 48 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 49 50 Section 1: The WHEREAS clauses set forth above are adopted herein as findings of fact. 51 52 Section 2: This Ordinance establishes a sunset date for the CRA of September 30, 2044. 53 54 Section 3: This Ordinance amending the sunset date of the Community Redevelopment 55 Plan conforms to Section 163.361, Florida Statutes, as amended. 56 57 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 58 59 Section 5: Should any section or provision of this ordinance or any portion hereof, any 60 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 61 decision shall not affect the remainder of this ordinance. 62 63 Section 6: This Ordinance shall take effect immediately upon passage. 64 65 FIRST READING this day of , 2020. 66 67 SECOND, FINAL READING AND PASSAGE this day of 68 , 2020. 69 70 CITY OF BOYNTON BEACH, FLORIDA 71 72 YES NO 73 74 Mayor— Steven B. Grant 75 76 Vice Mayor—Justin Katz 77 78 Commissioner—Mack McCray 79 80 Commissioner—Christina L. Romelus 81 82 Commissioner—Ty Penserga 83 84 85 VOTE 86 ATTEST: 87 88 89 Crystal Gibson, MMC 90 City Clerk 91 92 (Corporate Seal) 2 S:ACA\Ordinances\Re-Adopting CRA Sunset-Ordinance.Docx Page 992 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 1 2 An act relating to community redevelopment agencies; 3 amending s . 112 . 3142, F. S . ; requiring ethics training 4 for community redevelopment agency commissioners; 5 specifying requirements for such training; amending s . 6 163 . 356, F. S . ; revising reporting requirements; 7 deleting provisions requiring certain annual reports; 8 amending s . 163 . 367, F. S . ; requiring ethics training 9 for community redevelopment agency commissioners; 10 amending s . 163 . 370, F. S . ; requiring a community 11 redevelopment agency to follow certain procurement 12 procedures; creating s . 163 . 371, F. S . ; requiring a 13 community redevelopment agency to publish certain 14 digital boundary maps on its website; providing annual 15 reporting requirements; requiring a community 16 redevelopment agency to publish the annual reports on 17 its website; creating s . 163 . 3755, F. S . ; providing 18 termination dates for certain community redevelopment 19 agencies; creating s . 163 . 3756, F. S . ; providing 20 legislative findings; requiring the Department of 21 Economic Opportunity to declare inactive community 22 redevelopment agencies that have reported no financial 23 activity for a specified number of years; providing 24 hearing procedures; authorizing certain financial 25 activity by a community redevelopment agency that is Page 1 of 17 CODING: Words s#4eq are deletions; words underlined are additions. hb0009-03-er Page 993 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 26 declared inactive; providing applicability; providing 27 construction; requiring the department to maintain a 28 list on its website identifying all inactive community 29 redevelopment agencies; amending s . 163 . 387, F. S . ; 30 specifying the level of tax increment financing that a 31 governing body may establish for funding the 32 redevelopment trust fund; effective on a specified 33 date, revising requirements for the use of 34 redevelopment trust fund proceeds; limiting allowed 35 expenditures; revising requirements for the annual 36 budget of a community redevelopment agency; revising 37 requirements for use of moneys in the redevelopment 38 trust fund for specific redevelopment projects; 39 revising requirements for the annual audit; requiring 40 the audit to be included with the financial report of 41 the county or municipality that created the community 42 redevelopment agency; amending s . 218 . 32, F. S . ; 43 revising criteria for finding that a county or 44 municipality failed to file a report; requiring the 45 Department of Financial Services to provide a report 46 to the Department of Economic Opportunity concerning 47 community redevelopment agencies reporting no 48 revenues, expenditures, or debts; providing an 49 effective date . 50 Page 2 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 994 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1 . Section 112 . 3142, Florida Statutes, is amended 54 to read: 55 112 . 3142 Ethics training for specified constitutional 56 officers, elected municipal officers, and commissioners .- 57 (1) As used in this section, the term "constitutional 58 officers" includes the Governor, the Lieutenant Governor, the 59 Attorney General, the Chief Financial Officer, the Commissioner 60 of Agriculture, state attorneys, public defenders, sheriffs, tax 61 collectors, property appraisers, supervisors of elections, 62 clerks of the circuit court, county commissioners, district 63 school board members, and superintendents of schools . 64 (2) (a) All constitutional officers must complete 4 hours 65 of ethics training each calendar year which addresses, at a 66 minimum, s . 8, Art . II of the State Constitution, the Code of 67 Ethics for Public Officers and Employees, and the public records 68 and public meetings laws of this state . This requirement may be 69 satisfied by completion of a continuing legal education class or 70 other continuing professional education class, seminar, or 71 presentation if the required subjects are covered. 72 (b) Reff-_____~iS T,~iaaLay 1, r17iT All elected municipal 73 officers must complete 4 hours of ethics training each calendar 74 year which addresses, at a minimum, s . 8, Art . II of the State 75 Constitution, the Code of Ethics for Public Officers and Page 3 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 995 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 76 Employees, and the public records and public meetings laws of 77 this state. This requirement may be satisfied by completion of a 78 continuing legal education class or other continuing 79 professional education class, seminar, or presentation if the 80 required subjects are covered. 81 (c) Beginning January 1, 2020, each commissioner of a 82 community redevelopment agency created under part III of chapter 83 163 must complete 4 hours of ethics training each calendar year 84 which addresses, at a minimum, s . 8, Art . II of the State 85 Constitution, the Code of Ethics for Public Officers and 86 Employees, and the public records and public meetings laws of 87 this state. This requirement may be satisfied by completion of a 88 continuing legal education class or other continuing 89 professional education class, seminar, or presentation, if the 90 required subject material is covered by the class . 91 (d) The commission shall adopt rules establishing minimum 92 course content for the portion of an ethics training class which 93 addresses s . 8, Art . II of the State Constitution and the Code 94 of Ethics for Public Officers and Employees . 95 (e) +e+ The Legislature intends that a constitutional 96 officer or elected municipal officer who is required to complete 97 ethics training pursuant to this section receive the required 98 training as close as possible to the date that he or she assumes 99 office . A constitutional officer or elected municipal officer 100 assuming a new office or new term of office on or before March Page 4 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 996 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 101 31 must complete the annual training on or before December 31 of 102 the year in which the term of office began. A constitutional 103 officer or elected municipal officer assuming a new office or 104 new term of office after March 31 is not required to complete 105 ethics training for the calendar year in which the term of 106 office began. 107 (3) Each house of the Legislature shall provide for ethics 108 training pursuant to its rules . 109 Section 2 . Paragraphs (c) and (d) of subsection (3) of 110 section 163 . 356, Florida Statutes, are amended to read: 111 163 . 356 Creation of community redevelopment agency.- 112 (3) 113 (c) The governing body of the county or municipality shall 114 designate a chair and vice chair from among the commissioners . 115 An agency may employ an executive director, technical experts, 116 and such other agents and employees, permanent and temporary, as 117 it requires, and determine their qualifications, duties, and 118 compensation. For such legal service as it requires, an agency 119 may employ or retain its own counsel and legal staff. 120 (d) An agency authorized to transact business and exercise 121 powers under this part shall file with the governing body the 122 report required pursuant to s . 163 . 371 (1) , ei;i eL= lee€eLae MaLael;i ;31 123 e f- e a TyeaLa, a Lt- e fm ; t s _ et-; it-i e sfm eL= t-IR_ je- --e e i i;i S 124 #i seal yc��w�i�;bra-s� ,,r�T lm�iEke-a e ,- moial 125 sst-a t=effreii 4= s e t tag €e Lat-Ii its s ass e4�s, Ti alei4�ies, ire-effre, ai;im Page 5 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 997 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 127 tie f fm i l i ii tf 44re— L=4�, 44�e—aa e ii e y rl mTpilisi3iii a- 128 - 128 iiewspapeL= efm geiie-Lalcir ctrl-a4�i eiziii iTre—e i4�y a iieiee 4�e 129 44re—e�fmee4� 44e i L=4� iraslec eii fmi1 eel wi44� 4��ee e is 4�y e-- 13 0 ffilc�i i4�y -ai El 44 a4� 44re—rhe~= ; l alel e—€eL= ---s -c t i--- 131 F1T; e,isaz ess iroiiLas in 44re 6��i-ee 6fm rre e-leLa} 6fm rre e- L= 132 e e ii n 4�y eeff�Fft±ssien an(4 in 44re—e�E f-i e e e��h�. 133 (e) {4} At any time after the creation of a community 134 redevelopment agency, the governing body of the county or 135 municipality may appropriate to the agency such amounts as the 136 governing body deems necessary for the administrative expenses 137 and overhead of the agency, including the development and 138 implementation of community policing innovations . 139 Section 3 . Subsection (1) of section 163 . 367, Florida 140 Statutes, is amended to read: 141 163 . 367 Public officials, commissioners, and employees 142 subject to code of ethics .- 143 (1) The officers, commissioners, and employees of a 144 community redevelopment agency created by, or designated 145 pursuant to, s . 163 . 356 or s . 163 . 357 are :slime subject to 146 fi r-ems-in s--aim - tia Vement—s ef part III of chapter 112, and 147 commissioners also must comply with the ethics training 148 requirements as imposed in s . 112 . 3142 . 149 Section 4 . Subsection (5) is added to section 163 . 370, 150 Florida Statutes, to read: Page 6 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 998 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 151 163 . 370 Powers; counties and municipalities; community 152 redevelopment agencies .- 153 (5) A community redevelopment agency shall procure all 154 commodities and services under the same purchasing processes and 155 requirements that apply to the county or municipality that 156 created the agency. 157 Section 5 . Section 163 . 371, Florida Statutes, is created 158 to read: 159 163 . 371 Reporting requirements .- 160 (1) By January 1, 2020, each community redevelopment 161 agency shall publish on its website digital maps that depict the 162 geographic boundaries and total acreage of the community 163 redevelopment agency. If any change is made to the boundaries or 164 total acreage, the agency shall post updated map files on its 165 website within 60 days after the date such change takes effect . 166 (2) Beginning March 31, 2020, and not later than March 31 167 of each year thereafter, a community redevelopment agency shall 168 file an annual report with the county or municipality that 169 created the agency and publish the report on the agency' s 170 website . The report must include the following information: 171 (a) The most recent complete audit report of the 172 redevelopment trust fund as required in s . 163 . 387 (8) . If the 173 audit report for the previous year is not available by March 31, 174 a community redevelopment agency shall publish the audit report 175 on its website within 45 days after completion. Page 7 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 999 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 176 (b) The performance data for each plan authorized, 177 administered, or overseen by the community redevelopment agency 178 as of December 31 of the reporting year, including the : 179 1 . Total number of projects started and completed and the 180 estimated cost for each project . 181 2 . Total expenditures from the redevelopment trust fund. 182 3 . Original assessed real property values within the 183 community redevelopment agency' s area of authority as of the day 184 the agency was created. 185 4 . Total assessed real property values of property within 186 the boundaries of the community redevelopment agency as of 187 January 1 of the reporting year. 188 5 . Total amount expended for affordable housing for low- 189 income and middle-income residents . 190 (c) A summary indicating to what extent, if any, the 191 community redevelopment agency has achieved the goals set out in 192 its community redevelopment plan. 193 Section 6 . Section 163 . 3755, Florida Statutes, is created 194 to read: 195 163 . 3755 Termination of community redevelopment agencies .- 196 (1) A community redevelopment agency in existence on 197 October 1, 2019, shall terminate on the expiration date provided 198 in the agency' s charter on October 1, 2019, or on September 30, 199 2039, whichever is earlier, unless the governing body of the 200 county or municipality that created the community redevelopment Page 8 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 1000 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 201 agency approves its continued existence by a majority vote of 202 the members of the governing body. 203 (2) (a) If the governing body of the county or municipality 204 that created the community redevelopment agency does not approve 205 its continued existence by a majority vote of the governing body 206 members, a community redevelopment agency with outstanding bonds 207 as of October 1, 2019, that do not mature until after the 208 termination date of the agency or September 30, 2039, whichever 209 is earlier, remains in existence until the date the bonds 210 mature . 211 (b) A community redevelopment agency operating under this 212 subsection on or after September 30, 2039, may not extend the 213 maturity date of any outstanding bonds . 214 (c) The county or municipality that created the community 215 redevelopment agency must issue a new finding of necessity 216 limited to timely meeting the remaining bond obligations of the 217 community redevelopment agency. 218 Section 7 . Section 163 . 3756, Florida Statutes, is created 219 to read: 220 163 . 3756 Inactive community redevelopment agencies .- 221 (1) The Legislature finds that a number of community 222 redevelopment agencies continue to exist, but do not report any 223 revenues, expenditures, or debt in the annual reports they file 224 with the Department of Financial Services pursuant to s . 218 . 32 . 225 (2) (a) A community redevelopment agency that has reported Page 9 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 1001 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 226 no revenue, no expenditures, and no debt under s . 189 . 016 (9) or 227 s . 218 . 32 for 6 consecutive fiscal years beginning no earlier 228 than October 1, 2016, must be declared inactive by the 229 Department of Economic Opportunity, which shall notify the 230 agency of the declaration. If the agency does not have board 231 members or an agent, the notice of the declaration of inactive 232 status must be delivered to the county or municipal governing 233 board or commission that created the agency. 234 (b) The governing board of a community redevelopment 235 agency that is declared inactive under this section may seek to 236 invalidate the declaration by initiating proceedings under s . 237 189 . 062 (5) within 30 days after the date of the receipt of the 238 notice from the Department of Economic Opportunity. 239 (3) A community redevelopment agency that is declared 240 inactive under this section may expend funds from the 241 redevelopment trust fund only as necessary to service 242 outstanding bond debt . The agency may not expend other funds in 243 the absence of an ordinance of the local governing body that 244 created the agency which consents to the expenditure of such 245 funds . 246 (4) The provisions of s . 189 . 062 (2) and (4) do not apply 247 to a community redevelopment agency that has been declared 248 inactive under this section. 249 (5) The provisions of this section are cumulative to the 250 provisions of s . 189 . 062 . To the extent the provisions of this Page 10 of 17 CODING: Words s#4eq are deletions; words underlined are additions. hb0009-03-er Page 1002 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 251 section conflict with the provisions of s . 189 . 062, this section 252 prevails . 253 ( 6) The Department of Economic Opportunity shall maintain 254 on its website a separate list of community redevelopment 255 agencies declared inactive under this section. 256 Section 8 . Paragraph (a) of subsection (1) , subsection 257 ( 6) , paragraph (d) of subsection (7) , and subsection (8) of 258 section 163 . 387, Florida Statutes, are amended to read: 259 163 . 387 Redevelopment trust fund.- 260 (1) (a) After approval of a community redevelopment plan, 261 there may be established for each community redevelopment agency 262 created under s . 163 . 356 a redevelopment trust fund. Funds 263 allocated to and deposited into this fund shall be used by the 264 agency to finance or refinance any community redevelopment it 265 undertakes pursuant to the approved community redevelopment 266 plan. No community redevelopment agency may receive or spend any 267 increment revenues pursuant to this section unless and until the 268 governing body has, by ordinance, created the trust fund and 269 provided for the funding of the redevelopment trust fund until 270 the time certain set forth in the community redevelopment plan 271 as required by s . 163 . 362 (10) . Such ordinance may be adopted 272 only after the governing body has approved a community 273 redevelopment plan. The annual funding of the redevelopment 274 trust fund shall be in an amount not less than that increment in 275 the income, proceeds, revenues, and funds of each taxing Page 11 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 1003 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 276 authority derived from or held in connection with the 277 undertaking and carrying out of community redevelopment under 278 this part . Such increment shall be determined annually and shall 279 be that amount equal to 95 percent of the difference between: 280 1 . The amount of ad valorem taxes levied each year by each 281 taxing authority, exclusive of any amount from any debt service 282 millage, on taxable real property contained within the 283 geographic boundaries of a community redevelopment area; and 284 2 . The amount of ad valorem taxes which would have been 285 produced by the rate upon which the tax is levied each year by 286 or for each taxing authority, exclusive of any debt service 287 millage, upon the total of the assessed value of the taxable 288 real property in the community redevelopment area as shown upon 289 the most recent assessment roll used in connection with the 290 taxation of such property by each taxing authority prior to the 291 effective date of the ordinance providing for the funding of the 292 trust fund. 293 294 However, the governing body ef aiciy eeic �t-y as elefiicleel 295 5 . 11 ;1; may, in the ordinance providing for the funding of a 296 trust fund established with respect to any community 297 redevelopment area erea4ee eia ,_f4T�4i-mil , 1994 ,- determine 298 that the amount to be funded by each taxing authority annually 299 shall be less than 95 percent of the difference between 300 subparagraphs 1 . and 2 . , but in no event shall such amount be Page 12 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 1004 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 301 less than 50 percent of such difference . 302 ( 6) Effective October 1, 2019, moneys in the redevelopment 303 trust fund may be expended zr-effi 4�ire 4�e 4�iffie for undertakings of 304 a community redevelopment agency as described in the community 305 redevelopment plan only pursuant to an annual budget adopted by 306 the board of commissioners of the community redevelopment agency 307 and only for the f—e , ewii t purposes specified in paragraph (c) .7- 308 c) .- 308 3iie1iaellia t- ii et- liffi; t-r cc el t-e= 309 (a) Except as otherwise provided in this subsection, a 310 community redevelopment agency shall comply with the 311 requirements of s . 189 . 016 . 312 (b) A community redevelopment agency created by a 313 municipality shall submit its annual budget to the board of 314 county commissioners for the county in which the agency is 315 located within 10 days after the adoption of such budget and 316 submit amendments of its annual budget to the board of county 317 commissioners within 10 days after the adoption date of the 318 amended budget ai::�el eiTe' ___ ____ _ 319 3�re-i dei:: �e e-r-ceeffeft:��im-1' - ---- - ---j ------- 320 14m-an a4ejet-e4 le ___ 321 (c) The annual budget of a community redevelopment agency 322 may provide for payment of the following expenses : 323 1 . Administrative and overhead expenses directly or 324 indirectly necessary to implement a community redevelopment plan 325 adopted by the agency. Page 13 of 17 CODING: Words s#4eq are deletions; words underlined are additions. hb0009-03-er Page 1005 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 326 2 .+19} Expenses of redevelopment planning, surveys, and 327 financial analysis, including the reimbursement of the governing 328 body or the community redevelopment agency for such expenses 329 incurred before the redevelopment plan was approved and adopted. 330 3 .+e+ The acquisition of real property in the 331 redevelopment area. 332 4 .+e+ The clearance and preparation of any redevelopment 333 area for redevelopment and relocation of site occupants within 334 or outside the community redevelopment area as provided in s . 335 163 . 370 . 336 5 .+e+ The repayment of principal and interest or any 337 redemption premium for loans, advances, bonds, bond anticipation 338 notes, and any other form of indebtedness . 339 6 .+€+ All expenses incidental to or connected with the 340 issuance, sale, redemption, retirement, or purchase of bonds, 341 bond anticipation notes, or other form of indebtedness, 342 including funding of any reserve, redemption, or other fund or 343 account provided for in the ordinance or resolution authorizing 344 such bonds, notes, or other form of indebtedness . 345 7 .+e} The development of affordable housing within the 346 community redevelopment area. 347 8 .+]F±* The development of community policing innovations . 348 9 . Expenses that are necessary to exercise the powers 349 granted under s . 163 . 370, as delegated under s . 163 . 358 . 350 (7) On the last day of the fiscal year of the community Page 14 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 1006 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 351 redevelopment agency, any money which remains in the trust fund 352 after the payment of expenses pursuant to subsection ( 6) for 353 such year shall be : 354 (d) Appropriated to a specific redevelopment project 355 pursuant to an approved community redevelopment plan. The funds 356 appropriated for such project may not be changed unless the 357 project is amended, redesigned, or delayed, in which case the 358 funds must be reappropriated pursuant to the next annual budget 359 adopted by the board of commissioners of the community 360 redevelopment agency w1iie1i piae�eet- will lee let-eel wit-Iiii-, Z� 361 y e a is s Tr-efft t-Iie ekr4e—e m� sm_rel;i - _ _ i - _ -i t i--- 362 (8) (a) Each community redevelopment agency with revenues 363 or a total of expenditures and expenses in excess of $100, 000, 364 as reported on the trust fund financial statements, shall 365 provide for a financial -ate audit of- 4�1;�e 4�L-dst fetid r each fiscal 366 year aiiel a iaepeiat- efm siael;i ai}elit- t-e = picepaiceel by an independent 367 certified public accountant or firm. Each financial audit 368 conducted pursuant to this subsection must be conducted in 369 accordance with rules for audits of local governments adopted by 370 the Auditor General . 371 (b) The audit Siael;i report must : 372 1 . Describe the amount and source of deposits into, and 373 the amount and purpose of withdrawals from, the trust fund 374 during such fiscal year and the amount of principal and interest 375 paid during such year on any indebtedness to which increment Page 15 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 1007 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 376 revenues are pledged and the remaining amount of such 377 indebtedness . 378 2 . Include financial statements identifying the assets, 379 liabilities, income, and operating expenses of the community 380 redevelopment agency as of the end of such fiscal year. 381 3 . Include a finding by the auditor as to whether the 382 community redevelopment agency is in compliance with subsections 383 ( 6) and (7) . 384 (c) The audit report for the community redevelopment 385 agency must accompany the annual financial report submitted by 386 the county or municipality that created the agency to the 387 Department of Financial Services as provided in s . 218 . 32, 388 regardless of whether the agency reports separately under that 389 section. 390 (d) The agency shall provide 15 V_S-s4eL—e mai— a copy of 391 the audit report to each taxing authority. 392 Section 9 . Subsection (3) of section 218 . 32, Florida 393 Statutes, is amended to read: 394 218 . 32 Annual financial reports; local governmental 395 entities .- 396 (3) (a) The department shall notify the President of the 397 Senate and the Speaker of the House of Representatives of any 398 municipality that has not reported any financial activity for 399 the last 4 fiscal years . Such notice must be sufficient to 400 initiate dissolution procedures as described in s . Page 16 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 1008 of 1023 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 401 165 . 051 (1) (a) . Any special law authorizing the incorporation or 402 creation of the municipality must be included within the 403 notification. 404 (b) Failure of a county or municipality required under s . 405 163 . 387 (8) to include with its annual financial report to the 406 department a financial audit report for each community 407 redevelopment agency created by that county or municipality 408 constitutes a failure to report under this section. 409 (c) By November 1 of each year, the department must 410 provide the Special District Accountability Program of the 411 Department of Economic Opportunity with a list of each community 412 redevelopment agency that does not report any revenues, 413 expenditures, or debt for the community redevelopment agency' s 414 previous fiscal year. 415 Section 10 . This act shall take effect October 1, 2019 . Page 17 of 17 CODING: Words s#4eq are deletions; words underlined are additions. hb0009-03-er Page 1009 of 1023 RESOLUTION NO. A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO RECOMMEND THAT THE CITY OF BOYNTON BEACH READOPT AND EXTEND THE TIME CERTAIN FOR THE COMPLETION OF PROJECTS DESCRIBED IN THE COMMUNITY REDEVELOPMENT PLAN AND THE TERMINATION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida enacted Part III of Chapter 163, Florida Statutes, (The Community Redevelopment Act of 1969, referred to as "The Act"); and WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City Commission"), pursuant to the Act, created the Boynton Beach Community Redevelopment Agency("CRA"); and WHEREAS, the City Commission, pursuant to the Act, has previously adopted and amended the Community Redevelopment Plan; and WHEREAS, the areas of Boynton Beach described in the Community Redevelopment Plan, as it has been amended from time to time, remain blighted as defined in the Act, and that the rehabilitation, conservation or redevelopment, or combination thereof, of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City of Boynton Beach; and WHEREAS, all community redevelopment agencies are subject to a the time certain by which the community redevelopment agency must complete all redevelopment financed by increment revenues and terminate ("Sunset Date"); and WHEREAS, on September 9, 2014, pursuant to Chapter 163, Florida Statutes, the Board of the Boynton Beach Community Redevelopment Agency ("Board") passed a resolution recommending the City extend the Sunset Date of the CRA until September 30, 2044; and WHEREAS, on September 9, 2014, the City Commission voted to accept the CRA resolution to extend the CRA's Sunset Date until September 30, 2044, and to send all required notices to taxing authorities; and WHEREAS, on September 16 and September 30, 2014, the City Commission read, held a public hearing on, and adopted Ordinance No. 14-026 to amend the Community Redevelopment Plan to clarify and establish that the Sunset Date is September 30, 2044; and 01240268-3 Page 1010 of 1023 WHEREAS, on September 30, 2014, the City Commission approved Resolution No. R- 14-095, declaring and confirming that the areas within the CRA district remain slum and blighted and otherwise met the Chapter 163 criteria for inclusion within a CRA District; and WHEREAS, the Community Redevelopment Plan was most recently updated in 2016, the adoption of which did not alter the September 30, 2044, Sunset Date of the CRA; and WHEREAS, the Legislature of the State of Florida enacted certain changes to the Act, which changes became effective October 1, 2019 (the "2019 Legislation"); and WHEREAS, effective October 1, 2019, Section 163.3755,Florida Statutes,provides that unless extended by the governing body of the municipality that created the CRA, the CRA shall terminate September 30, 2039; and WHEREAS, as of September 30, 2019, the Sunset Date of the CRA remained September 30, 2044; and WHEREAS, the Board desires for the City Commission to readopt the City Commission's previous decision to extend the Sunset Date of the CRA to September 30, 2044; WHEREAS, pursuant to the 2019 Legislation, the CRA will automatically terminate on September 30, 2039,unless the City Commission acts to extend the Sunset Date; and WHEREAS, the Board finds that it would be beneficial to extend the Sunset Date in order to readopt the decision previously made by the City Commission, and to make the Community Redevelopment Plan consistent with the bonds issued to fund the CRA, the increment revenue funding for the CRA, and the projects described in the Community Redevelopment Plan; and WHEREAS, the Board has determined that this resolution is for a proper purpose and in the best interests of the CRA, the City of Boynton Beach and its residents; NOW THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD THAT: Section 1: The recitals set forth above are adopted herein as findings of fact. Section 2: The Board recommends the City Commission readopt and extend the Sunset Date of the CRA to be September 30, 2044, which will be exactly 60 years after the end of the fiscal year in which the initial community redevelopment plan was approved pursuant to City of Boynton Beach Ordinance No. 84-32. Section 3: The Sunset Date of September 30, 2044 for the termination of the CRA, and for completing all redevelopment financed by increment revenues, conforms to the Act as amended by the 2019 Legislation. 01240268-3 Page 1011 of 1023 Section 4: This Resolution shall take effect immediately upon passage, and shall be transmitted to the City of Boynton Beach for action pursuant to Section 163.3755, Florida. Statutes. FIRST and FINAL READING this_day of ma 020. Bo x ionIII Redevelopment Agency Chair—Steven ant k 9? . Vice Chair—Justi, Boyd Memetuna Rory I -.1 Jrd Membef ack � ray Board Member Ty Penserga 01240268-3 Page 1012 of 1023 13.A. FUTURE AGENDA ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Quarterly Census Update- 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 1013 of 1023 13.B. FUTURE AGENDA ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Legislative Updates- 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 1014 of 1023 13.C. FUTURE AGENDA ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Commissioner Penserga requested a discussion on single occupancy restrooms possibly converting to gender neutral restrooms- 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 1015 of 1023 13.D. FUTURE AGENDA ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Presentation of 2019 Comprehensive Annual Financial Report- TBD Explanation of Request: Estimated presentation of Boynton Beach's 2019 Comprehensive Annual Financial Report by the City's external auditors Caler, Donten, Levine, Cohen, Porter and Veil, PA at the April 21, 2020 Commission Meeting. How will this affect city programs or services? N/A Fiscal Impact: None Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1016 of 1023 13.E. FUTURE AGENDA ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Provide update on potential sale of the Nichol's property to Pulte Homes- 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 1017 of 1023 13.F. FUTURE AGENDA ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance- 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 1018 of 1023 13.G. FUTURE AGENDA ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce will present on member benefits. - TBD Explanation of Request: N/A How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: Strengthen Local Business Economy Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 1019 of 1023 13.H. FUTURE AGENDA ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: The City Commission requested a presentation of the Town Square Opportunity Fair hiring efforts and results. - TBD Explanation of Request: E21- Real Estate Solutions, through SA Nelson &Associates hosted an Opportunity Fair for the Town Square development project. Job seekers and vendors were afforded an opportunity to connect with project contractors, subcontractors, vendors. The Commission requested a presentation of the results of the hiring efforts. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: This initiative links Boynton Beach residents and businesses with job and contracting opportunities on the Town Square development project. Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 1020 of 1023 13.1. FUTURE AGENDA ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Discuss CBD oil and its impacts on the City's Drug-Free Workplace Policy as requested by Mayor Grant. - 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 1021 of 1023 13.J. FUTURE AGENDA ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Short presentation and discussion by utility staff regarding Septic Tank Inspections. - 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 1022 of 1023 13.K. FUTURE AGENDA ITEMS 3/18/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/18/2020 Requested Action by Commission: Request by Mayor Grant to discuss Wellington's home based business regulations. - 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 1023 of 1023