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Agenda 07-21-20 The City of Boynton Beach City Commission Agenda Tuesday, July 21 , 2020, 5:30 PM GoToWebinar Online Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Ty Penserga (District IV) Commissioner Justin Katz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Christina L. Romelus (District III) 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 393 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, and presentations. - Time Limit- Three (3) Minutes. Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City of Boynton Beach has temporarily suspended in-person public meetings. The City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on July 21, 2020 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s)for your comments. Comments received by the deadline will be read into the record. Please note Page 2 of 393 that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 393 1. Openings A. Call to Order - Mayor Steven B. Grant Invocation by Reverend Laurie Durgan, Unity Church of Delray Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Proclaim July 21, 2020 as the "City of Boynton Beach Centennial Day". Mayor Steven B. Grant will accept the proclamation on behalf of the City of Boynton Beach. B. Recognize and celebrate the City's commitment to work towards full compliance with the Americans with Disabilities Act. Debbie Majors, ADA Coordinator, Ted Goodenough, ADA Assistant, Stephanie Soplop, Recreation & Assessment Specialist and Beth Wagmeister, Business Inclusion Outreach Specialist will accept the proclamation. C. Present an update on the Town Square project. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 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. Accept surtax capital project status and C I P amendment report for the 3rd quarter of fiscal year 2019-20 (April through June 2020). B. Proposed Resolution No. R20-068- Accepting a construction and permanent drainage easements for the installation of new drainage pipe system at 2601 N. Lake Drive in the Lakeside Gardens Neighborhood and authorize the recording of the easements with a lump sum cost payment of $12,500.00 for the permanent easement and $10.00 for the temporary construction easement. C. Legal expenses for June 2020 provided at the request of the City Commission. No action required. Page 4 of 393 D. Approve minutes from the City Commission meeting on July 7, 2020. 7. Consent Bids And Purchases Over$100,000 A. Approve an increase to the estimated annual expenditure of Bid # 019-2821-19/IT "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" in the amount of $180,000, increasing the estimated annual expenditure from $175,000 to $355,000 for the remainder of fiscal year 19/20. B. Award task order F-32-2020 Public Works Lobby and Security Upgrades, 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$112,651. 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. 20-028 - 1st Reading - Approve amendments to Part I I of the City Code of Ordinances, Chapter 14, Motor Vehicles and Traffic, creating a new Section 14-14, Parking Meters, to add definitions, standards, and fees to regulate parking meters in the City and striking Chapter 16 Section 16-61 and 16-82 removing redundant language. B. Proposed Ordinance No. 20-027 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-003), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix, Note #34, updating the Home Occupation provisions, in part, to allow one non-resident to assist with operating the home-based business. 9. City Manager's Report A. Police Chief Michael Gregory will discuss the #8Can'tWait recommendations put forth from the 501c3 organization — Campaign Zero. An update will be provided on current use of force standards and the implementation of those standards. 10. Unfinished Business A. Proposed Resolution No. R20-060 - Approve the request from New Cingular Wireless PCS, LLC (formerly Bellsouth Mobility Inc.), Lessee to amend the lease agreement for the 150 foot telecommunications tower at 300 East Woolbright Road (City's Little League Field site). This item, Item 6.A. from the July 7th meeting, was tabled. Staff has re-negotiated the proposed lease amendment as directed by the City Commission for in the interest of increasing public access to wireless service within the immediate area of the tower. Only Sections "9. Additional Rent" and "14. Consideration" were revised. The proposed additional rent has remained unchanged; however, details were added to show the association with public wireless access. Also, the applicant has increased the total lump sum consideration by$5,000 to fund the installation of public wireless infrastructure. 11. New Business - None 12. Legal A. Readopt Resolution R20-066 and Resolution R20-067. 13. Future Agenda Items A. Provide update on potential sale of the Nichol's property to Pulte Homes- August 4, 2020 Page 5 of 393 B. Approval of the Master Plan Modification for the Boynton Beach Mall - TBD C. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance - 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 ofthe agenda on the city's web site.Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 6 of 393 1.A. OPENING ITEMS 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Invocation by Reverend Laurie Durgan, Unity Church of Delray Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga 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 393 2.A. OTHER 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 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 8 of 393 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Proclaim J my 21, 2020 as the "City of Boynton Beach Centennial Day". Mayor Steven B. Grant will accept the proclamation on behalf of the City of Boynton Beach. Explanation of Request: The Town of Boynton (now City of Boynton Beach) incorporated on the 21st day of July, 1920, one hundred years ago. It is important to honor and celebrate the City's beginning and its date of incorporation as we continue to plan for its future. How will this affect city programs or services? Fiscal Impact: Budgeted Alternatives: Not proclaim July 21, 2020 as the "City of Boynton Beach Centennial Day". Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation - Cenatennial City of Boynton Beach Page 9 of 393 -------------------------------------------------------------------------------------------------------------------------------- y"M7n&w �We"A Proclamation WHEREAS,individuals and families interested in its rich ground for farming settled in Boynton Beach in the late 1800's;and WHEREAS,in 1894,Major Nathan S.Boynton first visited the area that now bears his name,purchased land,and built a hotel;and WHEREAS,the addition of a railroad in 1896 permitted the shipping of tomatoes and pineapples to the north and dairies were established;and WHEREAS,fifty qualified voters,residing in the territory,assembled on the 14,h day of April,1920 and elected R. H. Rousseau as chair and J. M. Cooper as secretary of the meeting.At this meeting,forty-eight attendees voted for incorporation,a Town seal was adopted and G.E. Coon was elected to the Office of Mayor;and WHEREAS,the Town of Boynton(now the City of Boynton Beach)incorporated on the 21s'day of July,1920,one -hundred years ago;and WHEREAS,as significantly important it is for the City of Boynton Beach to honor and celebrate its beginning,it is equally important to look to our future and create future legacies;and NOW,THEREFORE,WHEREAS,I,Steven B.Grant,Mayor of the City of Boynton Beach in Palm Beach County, proclaim July 21,2020 as: City of Boynton Beach Centennial Day IN WITNESS WHEREOF,I have hereunto set my band and caused the Seal of the City of Boynton Beach,Florida, to be affixed at Boynton Beach,Florida,the 21s'day of July,Two Thousand and Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC,City Clerk 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Recognize and celebrate the City's commitment to work towards full compliance with the Americans with Disabilities Act. Debbie Majors, ADA Coordinator, Ted Goodenough, ADA Assistant, Stephanie Soplop, Recreation &Assessment Specialist and Beth Wagmeister, Business Inclusion Outreach Specialist will accept the proclamation. Explanation of Request: July 26, 2020, marks the 30th anniversary of the signing of the Americans with Disabilities Act (ADA) into law. This legislation established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. The ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions, as well as increasing full participation in community life. However, the full promise of the ADA will only be reached if we remain committed to continue our efforts to fully implement the ADA. How will this affect city programs or services? The City has undertaken a number of administrative actions to bring programs, services and activities into compliance. 1. In 2015, the City designated an ADA Coordinator who is responsible for coordinating all compliance activities. 2. A notice to the public and employees on their rights and protections under the ADA and how the City complies is posted on the City website and throughout the city's government buildings. 3. The City has adopted and administers a grievance procedure for resolving ADA related grievances and complaints by the public and employees. 4. A comprehensive review of policies and procedures (or self-evaluation)was completed in 2015, in four areas: equal employment opportunity, nondiscriminatory operation of programs and services, effective communication, and program and facility accessibility. 5. A Transition Plan of structural modifications needed to remove barriers limiting access to programs, including installation of curb-ramps on walks and pedestrian ways has been created and is updated annually to reflect progress towards full compliance with the Americans with Disabilities Act. 6. An Inclusion Support Team (comprised of 18 organizations, representing individuals with disabilities) has been created to provide insight and feedback, and collaborate with City departments to create inclusive opportunities throughout Boynton Beach. I n addition, in 2020, the City began reaching out to businesses to provide resources and support for inclusion and compliance with the ADA, through the Inclusion Works Business Recognition Program. Fiscal Impact: Alternatives: Strategic Plan: Page 11 of 393 Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation 30th Anniversary of ADA Page 12 of 393 -------------------------------------------------------------------------------------------------------------------------------- Proelarnbition `l eeo8nizin8 and Comm�zmoratin8 Thi 301h-Nnniv�zrmrg Of the-Nm�zriean,5 With 9imabiliti�_7,5 -Net WHEREAS,July 26,2020 marks the 30th anniversary of the enactment of the Americans with Disabilities Act of 1990 (ADA);and WHEREAS,prior to the enactment of the ADA,people with disabilities were often segregated and denied equality of opportunity based on fear,ignorance,prejudice,stereotypes,and labels;and WHEREAS,the goals of the ADA include equality of opportunity,full participation,economic self-sufficiency,and independent living;and WHEREAS, state and local governments and businesses recognized the public interest in extending civil rights protections to all people,including people with disabilities;and WHEREAS, thirty years after the enactment of the ADA, the law remains a crucial tool in addressing persistent discrimination,including failure to: ensure competitive,integrated employment; provide meaningful opportunities to community-based services and supports; and eliminate new barriers to equal opportunity, such as inaccessible websites,online systems,mobile apps,and other forms of information and communication technology,algorithm bias in artificial intelligence, lack of access to the gig economy, and in responses to pandemics and other national emergencies;and ineffective or inadequate responses to pandemics and other state-or national-level emergencies; NOW THEREFORE, I, Steven B. Grant,by virtue of the authority vested in me as Mayor of the City of Boynton Beach,do hereby reaffirm that the City of Boynton Beach will continue to work toward full ADA compliance and encourage and support our community partners and businesses to do the same. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach,Florida, to be affixed at Boynton Beach,Florida the 21st day of July,Two Thousand and Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC,City Clerk 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Present an update on the Town Square project. Explanation of Request: J KM Developers, E21- Real Estates Solutions and Staff will present the update. 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 393 5.A. ADMINISTRATIVE 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 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 Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Appointments and Applicants for 07-21-2020 D Attachment Lorenz, Robyn Page 15 of 393 Appointments and Applicants for July 21, 2020 Arts Commission Mayor Grant Reg 2 yr term to 12/21 Applicants: Robyn Lorenz (Alternate requesting move up to Regular) Building Board of Adjustments and Appeals Mayor Grant Alt 2 yr term to 12/21 (Tabled 3) 1 Katz Reg 2 yr term to 12/21 (Tabled 3) 11 Hay Reg 2 yr term to 12/21 (Tabled 3) Applicants: None Education and Youth Advisory Board Mayor Grant STU NV 2 yr term to 12/21 (Tabled 3) Applicants: None Historic Resources Preservation Board 11 Hay Alt 2 yr term to 12/20 (Tabled 3) III Romelus Alt 2 yr term to 12/21 (Tabled 2) Applicant: None Library Board 11 Hay Reg 2 yr term to 12/21 (Tabled 3) III Romelus Reg 2 yr term to 12/20 (Tabled 3) IV Penserga Alt 2 yr term to 12/21 (Tabled 3) Mayor Grant Alt 2 yr term to 12/20 (Tabled 3) Applicants: None Page 16 of 393 Cherry-Guberman, Catherine From: rlorenz12 <noreply@123formbuilder.io> Sent: Thursday, June 18, 2020 11:26 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 06/18/2020 Name Robyn Lorenz Phone number 561-541-5238 Address 805 SW 1st Ct Boynton Beach Florida 33426 United States Email rlorenzl2@gmail.com Current occupation or,if Art Teacher retired, prior occupation Education Masters in Art Education 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 Yes City board? Have you served on a City Yes board in the past? If"yes",which board(s)and Arts Commission for about 15 years when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Arts Commission Personal Qualifications U.S.Army veteran Professional Memberships Pastel Painters of America Feel free to attach/upload an extra sheet or resume. i Page 17 of 393 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 172.58.11.70(United States) at 2020-06-18 10:25:53 on Chrome 80.0.3987.87 Entry ID: 392 Referrer: android-app://com.google.android.gm Form Host: https://www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 18 of 393 6.A. Consent Agenda 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Accept surtax capital project status and Cl P amendment report for the 3rd quarter of fiscal year 2019- 20 (April through June 2020). Explanation of Request: The attached report is an update for the fiscal year 2019-20 capital projects that are funded through surtax funds. Projects are in varying stages and the report includes a status update for each project. Through July 7, 2020, the City has expended and encumbered approximately $7,206,988 worth of work from the surtax funds amended budget of$9,366,412. Projects completed this quarter include: • Public Works Complex Painting • Town Square Network Equipment • Police Department Headquarters Network Equipment • Pioneer Canal Park— Basketball and Tennis Court • Fire Station#3- Preliminary Site Design • Library RFID Inventory System Ongoing and/or projects started this quarter include: • Meadows Park Asphalt Pathway Replacement • Hester Center Re-Roof • Hester Center Interior and Exterior Door Replacement • Hester Center Game Room • Oyer Park Ramp Design & Permitting • Sidewalk Replacement- Various Locations • Fire Station 1 - Vehicle Exhaust System • Town Square Temporary Site Removal, Demolition, and Salvage • New Public Works Facility — Planning & Design • Public Works Compound—Gate Replacement • Public Works Compound— Lobby and Security Upgrades • Fiber Optic Cable to North Tower Site In addition, attached is a Cl P amendment report outlining adjustments and/or modifications made to the Cl P during the quarter. All projects will be funded by making budget adjustments with existing Surtax dollar projects. The project budget adjustments merely recognize actual costs on a project level. The entire Surtax Capital Budget will always be neutral unless changed through a formal budget amendment process. How will this affect city programs or services? Page 19 of 393 Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? 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Consent Agenda 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Proposed Resolution No. R20-068-Accepting a construction and permanent drainage easements for the installation of new drainage pipe system at 2601 N. Lake Drive in the Lakeside Gardens Neighborhood and authorize the recording of the easements with a lump sum cost payment of$12,500.00 for the permanent easement and $10.00 for the temporary construction easement. Explanation of Request: Boynton Beach Utilities is implementing a drainage improvements project(Potter and Demick) in the Lakeside Gardens Neighborhood that requires an additional 36 inches stormwater outfall system along the south property line at 2601 N. Lake Drive. Staff is requesting the City Commission to approve, have recorded in the public records and authorize funds to obtain the construction and permanent drainage easement needed for the construction new pipe. The permanent easement will be 10 feet wide and the adjacent construction easement will be 8 feet wide. Both are 163 feet long extending along the south property line from the Lake drive east right of way to the high water line of the Lake Worth Lagoon. How will this affect city programs or services? The easement is necessary to allow construction of the outfall pipe and to provide permanent access by Utilities staff for ongoing maintenance and inspection of the new outfall pipe system. The completion of the project will enable the City to provide an improved stormwater management level of service to the residents of the Lakeside Gardens neighborhood. Fiscal Impact: Budgeted Costs in connection with the granting of the easements in a one-time lump sum payment of $12,500.00 for the permanent easement and $10.00 for the temporary construction easement. Account: 403-5000.538-65.09 Project: UC 1802 Alternatives: Not approve the drainage easement agreement. Strategic Plan: Strategic Plan Application: Climate Action: No Page 29 of 393 Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving and accepting Easements for 2601 Lakeside Drive D Agreement Easements and Agreement Page 30 of 393 1 RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND ACCEPTING A CONSTRUCTION 5 AND PERMANENT DRAINAGE EASEMENTS FOR THE 6 INSTALLATION OF NEW DRAINAGE PIPE SYSTEM AT 2601 N. 7 LAKE DRIVE IN THE LAKESIDE GARDENS NEIGHBORHOOD AND 8 AUTHORIZE THE RECORDING OF THE EASEMENTS WITH A 9 LUMP SUM COST PAYMENT OF$12,500.00 FOR THE PERMANENT 10 EASEMENT AND $10.00 FOR THE TEMPORARY CONSTRUCTION 11 EASEMENT; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Boynton Beach Utilities is implementing a drainage improvements 14 project(Potter and Demick) in the Lakeside Gardens Neighborhood that requires an additional 15 36 inches stormwater outfall system along the south property line at 2601 N. Lake Drive ; 16 and 17 WHEREAS, the completion of the project will enable the City to provide an 18 improved stormwater management level of service to the residents of the Lakeside Gardens 19 neighborhood; and 20 WHEREAS, Staff is requesting the City Commission to approve, have recorded in 21 the public records and authorize funds to obtain the construction and permanent drainage 22 easement needed for the construction new pipe; and 23 WHEREAS, the permanent easement will be 10 feet wide and the adjacent 24 construction easement will be 8 feet wide, both of which are 163 feet long extending along 25 the south property line from the Lake drive east right of way to the high water line of the 26 Lake Worth Lagoon. 27 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 28 CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as S:\CA\RESO\2601 N Lakeside Drive Easements-Reso.Docx Page 31 of 393 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach, Florida does 33 hereby approve and accepting a construction and permanent drainage easements for the installation of 34 new drainage pipe system at 2601 N.Lake Drive in the Lakeside Gardens Neighborhood and authorize 35 the recording of the easements with a lump sum cost payment of$12,500.00 for the permanent easement 36 and$10.00 for the temporary construction easement, a copy of which is attached hereto as Exhibit 37 38 Section 3. This Resolution will become effective immediately upon passage. 39 PASSED AND ADOPTED this day of July, 2020 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice-Mayor—Ty Penserga 46 47 Commissioner—Justin Katz 48 49 Commissioner—Woodrow L. Hay 50 51 Commissioner— Christina L. Romelus 52 53 VOTE 54 ATTEST: 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 (Corporate Seal) 62 63 S:\CA\RESO\2601 N Lakeside Drive Easements-Reso.Docx Page 32 of 393 AGREEMENT THIS Agreement ("Agreement") is made and entered into on this day of , 2020, by and between Robert Michael and Denise A. Messingschlager, as Trustees of the ROBERT MICHAEL MESSINGSCHLAGER AND DENISE A. MESSINGSCHLAGER REVOCABLE TRUST AGREEMENT DATED MARCH 8, 2018, , hereinafter collectively referred to as "MESSINGSCHLAGER", and CITY OF BOYNTON BEACH, FLORIDA, hereinafter referred to as "CITY"; WHEREAS, MESSINGSCHLAGER is the owner of certain real property located in the City of Boynton Beach, Palm Beach County, Florida, commonly known as 2601 N. Lake Drive, Boynton Beach, Florida, with Parcel Control Number (PCN) 08-43-45-15-02-000-0950, of which CITY is obtaining two easements, to wit: a Temporary Construction Easement and Outfall Easement (the "Outfall") over, under, and across portions thereof, more specifically described in both Exhibit "A" of the Temporary Construction Easement and the Outfall Easement attached hereto and incorporated herein ("PROPERTY") ; and WHEREAS, CITY is a municipality organized and existing in accordance with the provisions of Florida Statutes Chapter 165 et al and located in Palm Beach County, Florida; and WHEREAS, MESSINGSCHLAGER and CITY desire to enter into this agreement pursuant to which MESSINGSCHLAGER shall grant to City the aforementioned Temporary Construction Easement and Outfall Easement over, under, and across the PROPERTY; and WHEREAS, CITY agrees to pay all costs in connection with the granting of said easements affecting the PROPERTY in a one time lump sum payment of Twelve Thousand Five Hundred and 00/100 Dollars ($12, 500 . 00) payable to MESSINGSCHLAGER at execution of the Temporary Construction Easement and Outfall Easement ("Cost Payment") ; and WHEREAS, MESSINGSCHLAGER shall execute certain instruments in favor of the CITY conveying the Easements. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10 . 00) , and other good and valuable consideration, receipt of which is hereby acknowledged, it is agreed as follows : 1 . The above-stated recitals are true and correct. 2 . Within five business days after the effective date hereof, MESSINGSCHLAGER shall execute and deliver to CITY the Temporary J00376239.2 306-90018211 Page 33 of 393 Construction Easement and Outfall Easement together with their respective sketch and legal description attached thereto. CITY will record and provide MESSINGSCHLAGER a certified copy of same. 3. Prior to commencing construction, CITY will provide MESSINGSCHLAGER a digital set of construction plans and drawings together with copies of all permits necessary for same . Upon completion of construction which it shall occur no later than 24 months after commencement of construction, CITY will provide MESSINGSCHLAGER a copy of the certificate of completion of same together with copies of final lien waivers from each contractors, subcontractor and material provider furnishing labor and materials or services for construction activity within the Easements . 4 . CITY shall promptly repair any and all damage done to MESS INGSCHLAGER' s residence, landscaping, seawall and driveway occurring during construction or thereafter as a result of construction or ongoing operation of the Outfall. Specifically, CITY acknowledges that construction of the Outf all shall necessitate disturbance of the driveway and the seawall and same shall be repaired, replaced, or reinforced to its existing condition prior to construction including any disturbed seawall tie-ins . 5 . CITY agrees that should any work be required in the future for purposes of maintenance, repair or replacement of the Outfall, CITY shall promptly restore the area located within the Easement and any other areas owned by MESSINGSCHLAGER as may be disturbed by work performed for such purpose. 6 . CITY agrees to coordinate with AT&T and cause relocation of the cable TV utility pole from the southwest corner of MESS INGSCHLAGER' S property and replace the fence currently located within the Temporary Construction Easement and Outfall Easement with a like kind fence, if replacement with the current fence is not possible. 7 . MESSINGSCHLAGER shall cause to be removed or disposed, the mature palm trees located within the Temporary Construction Easement and Outfall Easement prior to commencement of construction on the Property. The City shall notify MESSINGSCHLAGER at least thirty (30) days prior to commencement of construction. 8 . CITY acknowledges and agrees that the Outfall shall be of 100376239.2 306-90018211 Page 34 of 393 precast concrete construction and should drainage of MESSINGSCHLAGER' S property be negatively impacted CITY shall take prompt action to correct same. 9. To the extent permitted by law and subject to the limitations of Section 768 . 28 F. S . , CITY agrees to indemnify, defend and hold MESSINGSCHLAGER harmless from any liability or damages including all actual costs and attorneys' fees associated therewith arising from city' s construction and ongoing maintenance of the Outfall. 10. This agreement may be canceled, changed, modified or amended in whole or in part only by a written instrument executed by MESSINGSCHLAGER and CITY. 11 . In the event of any litigation arising out of or with respect to this agreement, the prevailing party shall recover all costs and expenses, including, but not limited to, reasonable attorney' s fees, expert witness fees and all other costs, including all such costs with respect to any appellate proceedings or any proceedings in bankruptcy. 12 . This agreement shall be governed by the laws of the State of Florida. Any controversy or proceeding arising from this agreement shall be in the circuit court and for the county in which the easements are located. MES GS E Robert Michael MessingschIager, as Trustee Denise A. Messingschl r, as Trustee 100376239.2 306-90018211 Page 35 of 393 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing was executed and acknowledged before me on this day of 2020, by Robert Michael Messingschlager and Denise A. Messingschlager, as Trustees, by means of physical presence or ❑ online notarization. They are personally kno; i 4.Y me or have produced as identifica P4BV ` STEPHEN S.MATHISON ` ...-. ---w. MY COMMISSION#GG 341875 Notary Publ,j - `o; EXPIRES:September 22,2023 Commission�Z. Ires : "TFPF;F;�P' Bonded Thru Notary Public Undenmiters [Seal] CITY: THE CITY OF BOYNTON BEACH, FLORIDA By: Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing was acknowledged before me on this day of by as on behalf of the City of Boynton Beach, Florida, by means of ❑ physical presence or ❑ online notarization. He/She is personally known to me or has produced as identification. Notary Public My Commission Expires : [Seal] [00376239.2 306-90018211 Page 36 of 393 Exhibit "A" - TEMPORARY CONSTRUCTION EASEMENT AND OUTFALL EASEMENT {00376239.2 306-9001821} Page 37 of 393 This Instrument Prepared By: Sean M.Swartz,Esquire GOREN,CHEROF,DOODY&EZROL,P.A. 3099 E Commercial Boulevard,Suite 200 Ft.Lauderdale,Florida 33308 TEMPORARY CONSTRUCTION EASEMENT This Easement is made on this day of . 2020 by and between Robert Michael and Denise A. Messingschlager, as Trustees of the ROBERT MICHAEL MESSINGSCHLAGER AND DENISE A. MESSINGSCHLAGER REVOCABLE TRUST AGREEMENT DATED MARCH 8, 2018, whose address is 2601 N. Lake Drive, Boynton Beach, FL 33435-2414 (hereinafter collectively referred to as "Grantors") and the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, whose address is 100 E Ocean Ave., Boynton Beach, Florida 33435, and its agents, contractors, subcontractors, and employees(collectively referred to as "Grantee"). WITNESSETH WHEREAS, Grantors are the owners of the property situate in Palm Beach County, Florida and legally described as: Lots 95 through 98, Lakeside Gardens, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, as recorded in Plat Book 8,Page 57.With Parcel Control Number: PCN: 08-43-45-15-02-000-0950 And WHEREAS, the Grantee desires a temporary eight(8) foot construction easement for underground stormwater piping for the reinforced concrete pipe ("RCP") drainage outfall system on, over, under and across the property as described on Exhibit "A" attached hereto and made a part hereof(hereinafter referred to as the"Easement Property'); and WHEREAS, this Temporary Construction Easement shall coincide with the construction of the RCP drainage outfall system and shall automatically terminate no later than twenty four(24)months from the date of the commencement of the construction; and WHEREAS, Grantors, do hereby agree to grant and convey a temporary eight (8) foot construction easement to the Grantee for a period of twenty four (24) months, unless sooner terminated, from the date of the commencement of construction, for construction purposes over,under, and across, and located in the Easement Property; and {00375331.2306-9001821} Page 38 of 393 NOW, THEREFORE, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to Grantors in hand paid by Grantee, the receipt whereof is hereby acknowledged, this grant of easement shall be deemed a sufficient conveyance to vest in Grantee a temporary easement in the lands described on Exhibit "A" for the uses and purposes of construction, maintenance, repair, and installation for the above stated purposes, together with such rights of entry upon, passage over, deposit of excavated earth, and the storage of material and equipment on such area as may be necessary or used for the construction by the Grantee. Following the completion of the construction, the. Grantee will cause the prompt restoration to a smooth surface, contours and neat condition, any portion of the area of the Easement granted herein that is disturbed. This Easement shall automatically terminate twenty four(24)months after commencement of construction, as evidenced by a certificate of completion. The Grantors do grant unto the Grantee, provided all necessary pen-nits have been obtained, the right during the term of this Easement to trim and cut down and clear away any and all trees and brush now or hereafter located on the Easement Property which in the opinion of the City, may be a hazard and an impediment to the construction of the RCP drainage outfall system. This temporary easement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this easement shall not be binding upon either party except to the extent incorporated in this easement. Any modification of this grant of temporary easement or additional obligation assumed by either party in connection with this easement shall be binding only if evidenced in writing, signed by each party or an authorized representative of each party. {00375331.2 306-90018211 Page 39 of 393 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Signed, Sealed and delivered in the presence of GRANTORS: Y� :y Denise A.Messingschlager, as Truste t Print Naa Robert Michae Messingschlager, as ? 4 e Trustee Print Name E STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of online notarization or X physical presence on this ac.Pr' day of 2020 by Denise A. Messingschlager, as Trustee and Robert Michael Messings'k, . -r-.-as-Trustee who are personally known to me or who have produced" Flo nd ....a.- '`` ,s Licenses as Elm,r entt C t STEPHEN S.MATHISON MY COMMISSION#GG 341875 EXPIRES:September 22,2023 rrFOF'F`OP Bonded Thru Notary Public Underwriters NOTAI�� C {00375331.2 306-9001621} Page 40 of 393 Signed, Sealed,and Delivered GRANTEE: in the presence of City of Boynton Beach —. By: Witness _................................ _._. _...... ....��. .w....._.__.. Name—Typed or Printed Name—Typed or Printed Witness Title Name—Typed or Printed STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of online notarization or ________ physical presence on this day of 2020 by , as of the City of Boynton Beach and who is personally known to me or who produced _ 1eM as identification. Witness my hand and official seal this day of 2020. Notary Public, State of Florida Printed Name: My Commission Expires: Notary Commission Number {00375331.2 306-9001821} Page 41 of 393 EXHIBIT A LEGAL DESCRIPTION AND SKETCH {00375331.2306-9001821} Page 42 of 393 SKETCH & DESCRIPTION FOR: 8' TEMPORARY CONSTRUCTION EASEMENT A PORTION OF LOT 98, LAKESIDE GARDENS(P.B.8/57,P.B.C.R.) CITY OF BOYNTON BEACH,PALM BEACH COUNTY, FLORIDA LAND DESCRIPTION: The north 8 feet of the south 18 feet of Lot 98, LAKESIDE GARDENS, according to the plat thereof, as recorded in Plat Book 8, Page 57, of the Public Records of Palm Beach County, Florida Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. LAKESIDE GARDENS (P.B. 8/57, P.B.C.R.) --� 2601 N. LAKE DRIVE 40' LOT 97 P.C.N. 08-43-45-15-02-000-0950 I z J = NORTH 8' � Q > LOT-_9-_��--_-_ ---- --_-_ :: --, -- --. . : 'J 0.TEMPORARY CONSTRUCTION;EASENT: : POTTERLU Q g 3Y -- ROAD z `SOUTH 18' OF LOT 98 0 40 80 r LOT 99 -- 4_2WALK (P.B. 8/57, P.B_C.R.) _- I GRAPHIC SCALE IN FEET 1"=40' SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: F.B. = Field Book; L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P.C.N. = Property Control Number; PG. = Page; P.L.S. = Professional Land Surveyor. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Digitally signed by Michael D.Avirom,P.L.S. Date:2020.01.30 15:39:01-05'00' , --------------- ---------- MICHAEL D. AVIROM, P.L.S. Florida Registration No. 3268 AVIROM & ASSOCIATES, INC. L.B. No. 3300 - REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 11184-IB u &assoSURVEYING&MAPPING SCALE: 1.=40' ��► 50 S.W.2nd AVENUE,SUITE 102 DATE: 01/2812020 4 � BOCA RATON,FLORIDA 33432 BY: M.M.K. (561)392-2594 / www.AVIROMSURVEY.com CHECKED: M.D.A. �STABUSHED q9 ©2020 AVIRCM&ASSOCIATES,INC.all lights reserved. F.B. 1985 PG. 31-39 This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be rep Tuced or coped without written permission. SHEET: 1 OF 1 Page 43 of 393 This Instrument Prepared By: Sean M.Swartz,Esquire GOREN,CHEROF,DOODY&EZROL,P.A. 3099 E.Commercial Blvd.,Suite 200 Fort Lauderdale,Florida 33308 OUTFALL EASEMENT This Easement is made on this day of 2020 by Robert Michael and Denise A. Messingschlager, as Trustees of the ROBERT MICHAEL MESSINGSCHLAGER AND DENISE A. MESSINGSCHLAGER REVOCABLE TRUST AGREEMENT DATED MARCH 8, 2018 (hereinafter collectively the "Grantors")whose address is 2601 N. Lake Drive, Boynton Beach, FL 33435-2414 to and in favor of CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, and its agents, contractors, subcontractors, and employees (collectively the"Grantee"). WITNESSETH WHEREAS Grantors are the owners of that certain real property located in Palm Beach County, Florida, more particularly described as: Lots 95 through 98, Lakeside Gardens, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida and recorded in Plat Book 8, Page 57. With Parcel Control Number: PCN: 08-43-45-15-02-000-0950 WHEREAS, Grantee has requested that a new 36-inch reinforced concrete pipe ("RCP") drainage outfall system be located on the south side of the above-described property owned by Grantors. A description and depiction of the easement property is attached hereto and incorporated herein as Exhibit"A"("Easement Property") WHEREAS Grantors wish to grant a Ten (10) foot drainage easement over, under, across, and upon that portion of Grantors' above-described Easement Property in connection with the installation and maintenance of the RCP drainage outfall system. NOW, THEREFORE, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) in hand paid by Grantee to Grantors and other good and valuable consideration, the receipt and sufficiency of which Grantors hereby acknowledge, Grantors agree as follows: {00375345.2 306-9001821} Page 44 of 393 1. Grant of Easement. Grantors do hereby grant and convey to Grantee and Grantee's successors and/or assigns a permanent Easement over, under, across and upon the Easement Property for the following purposes: a) Constructing, reconstructing, laying, installing, operating, maintaining, repairing, replacing, improving, removing and inspecting the RCP drainage outfall system. b) Reasonable and necessary ingress and egress to the Easement Property for the purposes of maintenance. 2. Use of Easement. Grantee shall have the right to do all things necessary, useful or convenient for the purposes outlined in Section 1. 3. Pemetual Duration. This Easement shall be perpetual in duration and shall not be changed, altered or amended except by a written instrument executed by Grantors and Grantee or their respective heirs,successors or assigns. However, this Easement is subject to a right of reverter in favor of Grantors in the event the easement is abandoned or not used for its intended purpose. 4. Repair. Grantee shall promptly restore and repair any and all damage done to Grantors' property occurring during construction or thereafter as a result of the construction or ongoing operation of the RCP drainage outfall system. 5. Covenants of Grantors. Grantors hereby warrant and covenant the following: a) Grantors are the owners of fee simple title to Easement Property. b) The Easement Property is free and clear of all encumbrances that are inconsistent with the terms of this Easement and all mortgages have been joined or subordinated; that Grantors have good right and lawful authority to grant and convey this Easement Property to Grantee, and that Grantors hereby fully warrant and defend the title to this Easement Property against the claims by and through the Grantors. c) Grantee shall have quiet and peaceful possession, use and enjoyment of this Easement. d) In the event Grantors perform or allow construction work to be performed in the Easement which results in damage or alteration to the Easement Property, the Grantors agree to pay for the repair work. 6. Remedies for Breach. Grantors and/or Grantee shall each have the right to enforce the terms of this Easement and the rights and obligations created herein by all remedies provided under the laws of the State of Florida, including without limitation, the right to sue for damages for breach or for injunction or specific performance. In the event that it is {00375345.2 306-90018211 Page 45 of 393 necessary for either Grantors and/or Grantee to file suit in order to enforce the terms hereof, then the prevailing party in such suit shall be entitled to be paid reasonable attorney's fees and court costs in addition to any other award that the Court might make from the non prevailing party. 7. Covenant Running,, with the Land. This Easement and all conditions and covenants set forth herein are intended and shall be construed as covenants running with the land, binding upon and insuring to the benefit or Grantors or Grantee, as the case may be, and their respective heirs, successors and/or assigns, including without limitation, all subsequent owners of the Easement Property and all persons claiming by, through and under them. IN WITNESS WHEREOF, Grantors have executed and delivered this Grant of Easement on the day and year written in the first paragraph. Signed, sealed and delivered in the presence of: GRANTORS: Witness Denise A. Messings (lager, as T istee m w. Robert Michael Messingschlager, as Trustee Witness /{r,'4 ,I. r 6._....sjl---... 1 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of online notarization or Kphysical presnce this° Y` day o , 2020 by Denise A. Messingschlager, as Trustee and Robert Michael Messingschlager, as Trustee l are personally-known to me or who have produced Florida Driver's Licenses ~ ' lentiiic=t oil:t µ 4 STEPHEN S.MATHISON �-��........ MY COMMISSION#GG 341875 NOTAR' PUBL - -`, u ,N µ EXPIRES:September 22,2023 Bonded Thru Notary Public Underwriters 100375345.2306-9001821} Page 46 of 393 Signed, Sealed, and Delivered GRANTEE: in the presence of: City of Boynton Beach By: _... Witness Name—Typed or Printed Name—Typed or Printed — _ — Witness � Title Name—Typed or Printed STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of online notarization or physical presence on this day of 2020 by _ , as ........._......._...--.w_ of the City of Boynton Beach and who is personally known to me or who produced as identification. _ .....�. NOTARY PUBLIC {00375345.2 306-90018211 Page 47 of 393 EXHIBIT A LEGAL DESCRIPTION AND SKETCH 100375345.2 306-90018211 Page 48 of 393 SKETCH & DESCRIPTION FOR: 10' DRAINAGE EASEMENT SOUTH 10'OF LOT 98, LAKESIDE GARDENS(P.B.8/57, P.B.C.R.) CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA LAND DESCRIPTION: The south 10 feet of Lot 98, LAKESIDE GARDENS, according to the plat thereof, as recorded in Plat Book 8, Page 57, of the Public Records of Palm Beach County, Florida Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. LAKESIDE GARDENS (P.B. 8/57, P.B.C.R.) � LOT 97 2601 N. LAKE DRIVEQ z W � P.C.N. 08-4J-45-15-02-000-0950 W 0 CS j 3 x s --- -- -- -- -- - o LOT 9 7 SOUTH 10' OF LOT 98 Q W POTTER .. 10:' LTRAJhIAGE EASSEMENT g Lu 0 � ROAD J �--� - -- -- -- Z LOT 99 �4 2' WALK (P.B. 8/57, P.B.C.R.) I o 40 80 -- -- -- -- -- --� GRAPHIC SCALE IN FEET 1"=40' SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: F.B. = Field Book; L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P.C.N. = Property Control Number; PG. = Page; P.L.S. = Professional Land Surveyor. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Digitally signed by Michael D.Avirom,P.L.S. Date:2020.01.30 15:37:21-05'00' e. ------------------ -------- MICHAEL D. AVIROM, P.L.S. Florida Registration No. 3268 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 11184-1A ASSO SURVEYING&MAPPING SCALE: 1"=40' S� 9m 50 S.W.2nd AVENUE,SUITE 102 DATE: 01/28/2020 a co BOCA RATON,FLORIDA 33432 BY: M.M.K. (561)392-2594 / www.AVIROMSURVEY.com CHECKED: M.D.A. STgBLISHED"JbN ©2020 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. 1985 PG. 31-39 This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. I SHEET: 1 OF 1 Page 49 of 393 6.C. Consent Agenda 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Legal expenses for June 2020 provided at the request of the City Commission. No action required. Explanation of Request: Most recent invoices for outside counsel through 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 FSA June 2020 1 nvoices Attachment Goren Cherof Doody & Ezrol FSA June 2020 Risk Litigation Invoices Attachment Other counsel June 2020 Invoice (Geraci vs Zeller) Attachment Other counsel several June 2020 invoices Page 50 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0005370 Suite 101 STATEMENT NO: 31944 Boynton Beach FL 33426 Attn: Lynn Swanson Special Fire Assessment HOURS 05/26/2020 MDC Continue preparing assessment memo. 0.30 06/01/2020 MDC Review emails from JAC on assessment schedule, review proposed schedule, prepare scheduling memo. 0.60 06/08/2020 MDC Revise and final memo on schedule. 0.30 JAC Preparation regarding annual renewal/ Review and revise memorandum to city commission regarding processing timetable; Update legal research and property appraisal issues for annual renewal 2.20 06/15/2020 JAC Miscellaneous research regarding property appraisers coding 0.80 06/29/2020 MDC Review emails from GSG, City on status of 2020 assessment. 0.20 JAC Review correspondence and status of extension of fire rescue assessment fees; review draft resolution regarding same; review and research regarding Ocala fire assessment Litigation 1.60 FOR CURRENT SERVICES RENDERED 6.00 1,230.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.60 $205.00 $943.00 MICHAEL D. CIRULLO 1.40 205.00 287.00 TOTAL CURRENT WORK 1,230.00 BALANCE DUE $1,230.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 51 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0603180 Suite 101 STATEMENT NO: 31945 Boynton Beach FL 33426 Attn: Lynn Swanson LABOR- General HOURS 06/01/2020 SHB Clemons- Review EOE website and county code re: updated procedures for processing complaints. Receive and review draft return to work documents discuss with JAC. 0.90 06/03/2020 SHB Research re: police citizen review boards and existing programs in other municipalities. Research re: policy and CBA modifications. Discuss with JAC. 3.00 06/05/2020 SHB Research re: police discipline and contract matters. 3.00 06/08/2020 SHB Receive, review, and revise appointment letter. Various telephone conferences with Oldbury, Laverriere, and JAC re: pending matters; review document. 3.50 06/09/2020 SHB Attend webinar re: EEO Risks and Obligations in the COVID-19 Era. 0.50 06/10/2020 SHB Various discussions with JAC and Laverriere re: pending employee matters. 2.70 06/12/2020 SHB Receive and review updated guidance from EEOC re: individuals at higher risk for exposure to COVID. Discuss with Oldbury. 0.60 06/16/2020 SHB Discuss various police matters with JAC. Receive and review president's executive order regarding policing. 1.00 06/17/2020 SHB Research re: various police reform matters. Telephone conference with JAC and Romelus re: employment matters. 2.00 SHB Receive and review EEOC update re: employer requirements for COVID testing. 0.60 06/24/2020 SHB Follow up with HR re: pre-d for Higuera. 0.10 06/26/2020 SHB Review and revise form letter re: pre-determination conference by Zoom. 0.60 06/29/2020 SHB Follow up with staff re: employee training matters. 0.10 06/30/2020 SHB Telephone conference with JAC, Laverriere, Romelus, and Gregory re: employee matters. Discuss pending matters with JAC. 1.00 FOR CURRENT SERVICES RENDERED 19.60 4,018.00 Page 52 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-0603180 STATEMENT NO: 31945 LABOR- General RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 19.60 $205.00 $4,018.00 TOTAL CURRENT WORK 4,018.00 BALANCE DUE $4,018.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 53 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0806020 Suite 101 STATEMENT NO: 31946 Boynton Beach FL 33426 Attn: Lynn Swanson Red Light Cameras HOURS 04/28/2020 PE Converted 3 Boynton notices to PDF/A and e-filed. 0.30 06/02/2020 SHB Review and approve NOls. 0.10 06/05/2020 PE Sort organized and prepared Boynton Beach notices for SHB approval 2.50 SHB Review and approve NOls. 0.30 06/24/2020 PE Prepared Boynton notices for SHB approval, converted tp PDF/A and efiled. Updated tracking log. Updated SHB calendar. 4.40 SHB Review and approve NOls. 0.10 06/26/2020 SHB Receive and review appellate court ruling on Aventura v. Stein. Receive hearing notice from Damico; follow up with officers re: trial status. 0.60 06/30/2020 PE Prepared 27 notices for Boynton Beach 7/14/20 hearing for SHB approval and converted to PDF/A. 2.70 SHB Review and approve NOls. Follow up with officers re: Zoom trials. 0.60 FOR CURRENT SERVICES RENDERED 11.60 1,586.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.70 $205.00 $348.50 PATRICIA EUGENE 9.90 125.00 1,237.50 TOTAL CURRENT WORK 1,586.00 BALANCE DUE $1,586.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 54 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9001821 Suite 101 STATEMENT NO: 31947 Boynton Beach FL 33426 Attn: Lynn Swanson General Matters HOURS 06/01/2020 SMS calls and correspondences with staff related to comments on Agreement with Messingschlagers and revision of document package 2.40 JAC telephone conference with CityManager and Mayor; agenda review with staff; telephone conference with Brian Shutts re Town of Ocean Ridge Easement; review pending litigation regarding same; Telephone conference regarding fire department truck/equipment status 4.00 SHB Various correspondence re: Chronic Nuisance matters. Set up sharing account. 0.30 06/02/2020 SMS call with staff to discuss comments and project for stormwater drainage; revise/draft Agreement and Easements with Messingschlager based on staff and opposing counsel comments 1.60 JAC Prep for and participate in city commission meeting; follow up regarding declaration of emergency and curfew document if needed; research regarding police review board; Review pilot program document; review Routeware response; research regarding code sections and declarations of emergency 7.30 06/03/2020 RLL Review claims of lien for client to determine corrective lien documentation. 0.30 SMS revise/draft Developer's Agreement with Casa Del Mar for updated storm drainage 0.70 JAC Telephone conference with City team regarding utility routing contract dispute; follow up document review regarding the same; Review motion to strike defenses in foreclosure case; review and prep regarding modification of Florida textile franchise agreement; research and prep regarding charter and code provisions and delegation of emergency authority; Follow up regarding Habitat for Humanity request for unity of control/title issue; review Brian Jones related correspondence from attorney Kutcher and follow up with Tracey DeCarlo regarding same; call and correspondence regarding unit 889 fire equipment and failure to perform by contractor; City commission meeting follow up with Lynn Swanson and staff members; Review curfew orders/county and miscellaneous cities 7.30 06/04/2020 RLL Review amended claim of lien for accuracy; contact underwriting for direction on claim of lien filed against property in tax sale transaction. 0.30 SMS correspondences with staff related to Messingschlager Agreement and Easements 0.20 SHB Attend Chronic Nuisance meeting. 0.50 SHB Discuss training matters with Oldbury. 0.10 Page 55 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 31947 General Matters HOURS JAC Review Motorola agreement; discuss if attorneys fee affidavit with HN; Post commission meeting review and sign off on approved agreements; review property sold at tax deed issue; Miscellaneous research regarding please review boards and subpoena powers per managers request; discuss fire vehicle rejection letter with QM; Continue discussion and review with MC regarding Royal Manor delinquency and water connection charges 5.30 06/05/2020 JAC Review special magistrate hearing issues and virtual meeting options; revise declaration of local emergency and curfew form for possible implementation; calls in discussion with City Manager regarding fire department mural modification; Review pending assistance City Attorney assignments and monitor memorandum, emails and communications with staff; discuss and review with SB regarding police department Issues and collective bargaining agreement; Correspond with captain regarding wording of crowd dispersement orders 6.20 06/06/2020 JAC Calls in review draft communications with CityManager and staff regarding fire mural issue 1.20 06/07/2020 JAC Continue monitoring and respond to staff regarding fire mural and city public protest issues; review collective-bargaining agreement options 1.60 06/08/2020 JAC Miscellaneous office administration with LS regarding records and move to new City Hall facilities; review with assistant CityAttorney's regarding pending cases; online review of court pleadings and discovery for defense cases; review SGEA agreement-Renewal; call and follow up email with Andrew Mack regarding routing agreement cancellation renewal or modification; 6.50 06/09/2020 QEM Research and review of law re: use of one's likeness. 1.50 SHB Follow up re: HUD matters. 0.30 JAC call with Len Rubin regarding Hypoluxo agreement and assessment; follow up research regarding base ILA formate; follow up call to staff regarding Preliminaryr discussions with Hypoluxo; Calls with staff regarding pending issues; discuss agenda items with Lynn Swanson; follow up discussion with Shana Bridgeman regarding PD issues; follow up calls with staff regarding public arts/Firestation one mural project 6.40 SMS calls and correspondences with staff and opposing counsel related to Agreement and Easement for 2601 N. Lake Drive 0.40 06/10/2020 QEM Finalize initial research and review of law re: use of likeness and consent. 0.60 JAC Prepare Carter appointment agreement; Correspond with attorney Tom Baird regarding agreement; review FRS and city pension plan provisions regarding rehiring; review statute and caselaw regarding use of image or likeness; Review and prep for public arts commission meeting; call to chairman of same; discuss with Kathryn Matos regarding scope of hearing; agenda item review and approval; review letters of appointment/Non-specific tasks; 6.30 SHB Telephone conference with Hederian re: marine ticketing matters. 0.80 06/11/2020 SMS calls with staff, calls with opposing counsel and review revise of updated Agreement and Easement at 2601 N. Lake Drive; review revisions to Developer's Agreement at Casa Del Mar and correspondences 2.80 Page 56 of 393 Page: 3 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 31947 General Matters HOURS JAC Telephone conference with public arts commission chairman regarding agenda and meeting; group call with chairman to review agenda; prep for and attend virtual public arts commission meeting; agenda item review and approval; 8.40 06/12/2020 JAC Follow up regarding arts commission; Draft consent notice and discuss with staff; revise textile addendum and forward to Andre Parke; continuation of agenda item review and approval; telephone conference with MC regarding addendum to Royal Manor settlement agreement; search for town of Ocean Ridge agreements per CG email; review motion for summary judgment Eckols 76 and 86; Finalize chief Carter temporary employment agreement; emails with Thomas Baird regarding same; review and approve requests for publication; review and approve temporary Employment agreements; review correspondence from Robert Klausner regarding local and FRS pension issue; Review and research regarding Palmer Road special assessment and water service agreements; review CG email regarding Taco Bell location/dewatering/permitting and delays; Draft second extension ordinance-emergency for virtual meetings 7.60 SMS calls and correspondences and revisions to Casa Del Mar Developer's Agreement; call and correspondences and revisions to Agreement and Easements for 2601 N. Lake Drive 0.60 06/15/2020 SMS review of Developer comments to the Casa Del Mar Developer's Agreement and correspondences with opposing counsel 0.60 JAC Participate in staff agenda review telephone conference and follow up preparation for commission meeting; telephone conference with Eleanor K. regarding census contest and gifts; review Motorola contracts for conference with chief and CityManager; follow up review of textile contract amendments from Andre Parke; confirm revisions with CityManager and Mike Rumpf;Review motion for summary judgment-Eckols case; Review Parks and Recreation program waivers-COVI D-1 9; follow up with assistant city manager regarding art mural consent document; follow up regarding QPODD audit; 5.00 BJS Legal Research and follow up re: Guess the Census, follow up re: Settlement 1.00 06/16/2020 DS Drafted email to City re: City Advisory Board excused absences. 0.10 SMS calls and correspondences related to comments to Agreement and Easements for 2601 N. Lake Dr.; calls and correspondences with opposing counsel and staff and review of comments to the Casa Del Mar Developer's Agreement 1.30 JAC Research regarding body cameras; prepare for and attend city commission virtual meeting; miscellaneous follow up notations regarding same; Emails with JO regarding virtual meeting extensions; follow up regarding arts commission approval and notice to individuals; review Sims Park title and use Restrictions related to monuments and displays; Review, research, and approve census related promotional issues 8.00 06/17/2020 DS Researched and analyzed secondary sources related to recapture agreements. 1.00 JAC Commission meeting follow up with staff; review assistant CityAttorney case assignments and status of litigation cases; review pleadings related to tort defense cases; conference call with Commissioners regarding pending city issues; review draft termination notice regarding fire department vehicle; review participant statements related to arts mural; 5.50 Page 57 of 393 Page: 4 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 31947 General Matters HOURS SMS review of latest draft of Agreement and Easements for 2601 N. Lake Drive and calls with staff related to appraisal price of palm trees 1.50 06/18/2020 DS Reviewed and analyzed Florida Home Rule and Boynton Code of Ordinances re: water and wastewater system extension. 1.10 BJS Telephone call with Sgt. Crowell re: Fireworks 0.40 JAC Follow up discussion in preparation of email to attorney for route software contractor; follow up and finalize textile recycling contract addendum; review and respond to pe rmitti ng Status inquiry; review Granicus quote; 3.30 06/19/2020 DS Discussed recapture of infrastructure costs with Q.E.M. and J.A.C. 0.60 MDC Confer with JAC on LDR issues with affordable housing, CRA plans. 0.20 JAC Review and research regarding workforce housing/overlay District/Community redevelopment plan and resolution of potential conflicts; review staff communications with Mayor; draft reply to legal question; Call with Mike Rumpf regarding same;Call with CRA attorney TD 4.40 06/22/2020 JAC Review status of assistance CityAttorney assignments/caseload; Review vendor inquiry and questions to staff regarding supplier certification organization component; review city park rules regarding Solicitations and communications; follow up with CityManager regarding virtual meeting expiration date and possible extension;Review DS research regarding water and sewer assessments; telephone conference with staff and with Colin Groff regarding building height/Overlay District/CRA issue and send draft response for review 06/23/2020 SMS calls and correspondences with staff related to Agreement and Easements at 2601 N. Lake Dr. 0.40 JAC Research public educational loan forgiveness application issue; call with City Manager regarding same; email to Mayor regarding wills landing project; follow up review of mural image use consents; Review Central Square, ASP renewal documents for approval; 3.40 06/24/2020 DS Drafted email to J.A.C. re: bamboo and palmer improvements. 0.10 SMS draft/review/revise Third Amendment to Developer's Agreement with Knuckles LLC; calls and correspondences with opposing counsel related to 2601 N. Lake Drive; call with staff about proceeding with Outfall via alternative methods 2.60 JAC Review City and CRA Interlocal Agreement; review Mara Frederiksen email and attachments regarding payments; review pending agenda items and follow up calls for clarification; follow up regarding extension of virtual meeting executive order; review correspondence regarding palmar and bamboo Lane and follow up response to staff regarding documentation and notification letters; additional research regarding Statutory requirement for discontinuation of septic tanks and connection to utility; review Granicus question regarding building exceptions for city clerk; reviewBiometric facial analysis system MOU review Lancaster safety document; review arts commission board member exchange regarding sunshine law and respond with clarification of limits on meeting 5.20 06/25/2020 JAC Review and questions regarding pending agenda items; review BB-BB CRA ILA in preparation for conference call;Review emergency ordinance and evaluate revisions; follow up with assistant CityAttorney regarding special assessment research; 2.50 Page 58 of 393 Page: 5 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 31947 General Matters HOURS 06/26/2020 JAC Review agenda submittals and research regarding same; follow up on procurement pending matters submitted by Randy W; Research CCNA issue per RW request; 5.00 SMS calls/correspondences with staff and opposing counsel related to 2601 N. Lake Drive for Agreement and Easements and revise Agreement based on conversations and correspondences 2.70 06/29/2020 SMS calls and correspondences with staff and opposing counsel and finalization of docs for 2601 N. Lake Drive 2.10 GB Emails with JAC regarding changes to indemnification provision. Searched for contract with revisions and emailed same to JAC. 0.30 HN Review of executed financial auditing services agreement and amendment to agreement. Review of 218.391 (7), Florida Statutes. Review of emails relating to the agreement. 0.70 SHB Follow up with staff re: call from victim re: no contact order. 0.10 JAC Review commission meeting agenda item submittals, research regarding contract enforcement issue; office administration issues regarding maintenance of records and transfer to new City Hall; review status of forfeiture, foreclosure, and tort defense case 6.30 06/30/2020 HN Review of engagement letter regarding auditing services. Phone call and follow up email to Lynn Swanson regarding R17-111. Review of MOU between the City and State regarding DMV records. Left voice message for Keyla Miller relating to the agreements. Discussion with Keyla Miller about the financial auditing agreement and the DMV engagement letter. Review of City Code related to procurement exceptions. 2.30 JAC Telephone conference with commissioner CR, CityManager, police chief regarding policing issues; Follow up regarding same; telephone conference regarding progressive design build continuing services for utility projects and follow up research; review, revise and approve commission meeting agenda items; review legislative action and governor approvals of pending bills/ impact on cities; 5.40 SMS calls and correspondences related to signatures and finalization of Agreement and Easements with 2601 N. Lake Drive 0.40 FOR CURRENT SERVICES RENDERED 155.00 17,937.50 TOTAL CURRENT WORK 17,937.50 BALANCE DUE $17,937.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 59 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9904950 Suite 101 STATEMENT NO: 31948 Boynton Beach FL 33426 Attn: Lynn Swanson Litigation Miscellaneous HOURS 06/01/2020 HN Phone discussion with Adam Temple related to July 15 special magistrate hearings on authority to foreclosure on properties pending litigation foreclosure. 0.20 06/02/2020 HN Review of email from Adam Temple regarding the Notice of Hearing for the special magistrate hearing to authorize foreclose for Ho and Laurore properties. Email to Adam regarding our review cc JAC,MDC and SHB. 0.30 06/03/2020 TAD Receipt and review of information re: claim and review records. 0.60 BJS Telephone call with Jay Garner, Esq., and follow up review re: Motion to Return Property, with review of the docket and transmittal to City staff. 1.00 06/04/2020 HN Review and edits of Notice of Hearings for 7/15 special magistrate hearing for Karen and Wing Ho, Benjamin Ho, Gos, and the Laurores. 0.60 BJS Follow up re: Glinton Settlement and Kerry McCray re: Return of Currency, with legal research 1.00 06/05/2020 HN Phone call to Lynn Swanson re the address to put on the Notice of Hearing for the Special magistrate hearing on July 15 for authority to foreclose. Email to JAC cc SHB with draft notices of hearing. Review of JAC email as to the Governor's executive order which expires on June 30 for Communication Media Services. Review of executive order 20-69 and follow up email to JAC cc SHB. 1.20 BJS Telephone call with ASA Jay Dermer and draft follow up correspondence re: Kerry McCray, follow up re: Glinton Settlement Agreement 0.80 06/08/2020 HN Follow up phone call and email to JAC regarding Notices of hearing for 7/15 special magistrate hearing. Edits to notice of hearing. 0.40 06/09/2020 HN Edits to NOH to incorporate language relating to the Governor's executive orders 20-69 and 20-139. Follow up email to JAC cc SHB. Email follow up to Adam Temple with Notices of hearings. 1.20 06/10/2020 HN Phone call discussion with Lynn Swanson relating to re-advertising demolition of the Ho property. 0.20 TAD Receipt and review of correspondence re: contract issues. Review proposed language and provide edits to same. Prepare correspondence re: same. 0.90 06/11/2020 HN Email to JAC regarding Ho property notice of demolition and notice to laurores for the july 15 special magistrate hearing. Follow up emails to Page 60 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 31948 Litigation Miscellaneous HOURS Adam Temple and Lynn Swanson. 0.50 TAD Receipt and review 06/12/2020 HN Discussion with Lynn Swanson regarding notice of intent of demolition on Ho property. 0.10 06/15/2020 HN Phone call to Lynn Swanson following up as to the notices being sent out today for the 7/15/20 special magistrate hearing. Phone call with Lynn Swanson. Review of Chapter 162 relating to notices and Section 162.10, Florida Statutes and follow up email to Adam Temple. Review of Lynn's email related to notice of intent to demolish. Review of Palm beach county amendments to the Florida Building Code, review of boynton beach amendments to the Florida Building Code. Phone call discussion with JAC as to the notice of intent to demolish and updating title on the property located at 1101 N federal highway. Phone call and follow up email to Lynn advising the City to hold off on the notice to demolish while we run title. Review of Adam Temple's email. 2.60 06/17/2020 TAD Receipt and review of correspondence re: claim information from adjuster and prepare response to same. Receipt of correspondence regarding incident and records. Review incident information. Review opinions and statute re: same. Prepare correspondence to City. 2.70 HN Phone calls with Adam Temple and Lynn Swanson regarding the July 15 special magistrate hearing. Discussion of hearing with BJS. 0.30 06/18/2020 TAD Receipt and review of correspondence re: public records request. Receipt of correspondence re: accident report and incident report re: police accident. Receipt of information re: police accident. 1.30 06/22/2020 TAD Receipt and review of correspondence re: release documents. Review documents. Confer with City recreation department re: release issues. Prepare correspondence to City re: releases. 1.40 06/23/2020 HN Review of updated title and follow up email to JAC regarding recording notice of hearing and order from the building board of adjustments and appeals. 0.50 TAD Receipt and review of correspondence re: claim information on Mederios accident. Receipt of photographs and records from City. Receipt of correspondence from City re: additional information on Herny accident. Receipt of correspondence from adjuster re: same. Receipt of incident report re: police accident with Officer Allegria and supporting documents. 1.10 06/25/2020 TAD Receipt and review of correspondence re: accident claim and information on same. 0.20 IR Receipt, review and responded to TAD email regarding litigation team status conference; attended TAD and GB conference call to discuss active cases in litigation and other issues for 1.5; reviewed notes and tagged top projects to complete; 1.60 06/29/2020 IR David Katz v. Carol Mahony: Receipt and review of Judge James L. Martz; retrieved online court docket; reviewed Plaintiff's Notice to Court that Case is at Issue, for Non-Jury Trial in Palm Beach County Court; preparation of memoranda to Litigation Team regarding same; prepared tickler for early August, should our office be released from certificate of service of attorneys in this litigation; 0.90 Page 61 of 393 Page: 3 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 31948 Litigation Miscellaneous HOURS BJS Review correspondence with Det. Jill Raferty and follow up re: Evidence Destruction 0.30 SHB Follow up re: status of upcoming trials. Review trial docket re: Judge Damico hearing. Review Desiree Fairey PC and attend arraignment hearing on municipal ordinance violation. 2.00 06/30/2020 BJS Review correspondence re: Return of Firearm, and follow up re: Evidence Destruction 0.40 FOR CURRENT SERVICES RENDERED 24.30 4,781.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 8.10 $205.00 $1,660.50 SHANA H. BRIDGEMAN 2.00 205.00 410.00 INGRID RIERA 2.50 125.00 312.50 BRIAN J. SHERMAN 3.50 205.00 717.50 TRACEY A. DECARLO 8.20 205.00 1,681.00 TOTAL CURRENT WORK 4,781.50 BALANCE DUE4 781.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 62 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905154 Suite 101 STATEMENT NO: 31949 Boynton Beach FL 33426 Attn: Lynn Swanson Acquisition of Royal Manor Mobile Home Estates portable water and sewer system utilities HOURS 06/02/2020 MDC Review materials, phone conference with Barb Conboy. 0.90 06/09/2020 MDC Review emails and correspondence from attorney. 0.20 06/10/2020 MDC Review updated materials from Barb Conboy, phone conference with Barb Conboy, follow up with David Eastman. 0.50 06/11/2020 MDC Phone conference with JAC, review materials to resolve and address issues with water accounts; review miscellaneous cases and statutes. 0.70 JAC Conference with MC regarding modification to settlement agreement and close out of dispute regarding deposits as conditionFor new accounts 0.80 06/16/2020 MDC Review information from park, forward to City utilities. 0.20 06/17/2020 MDC Prepare email proposal, forward to Barb Conboy and revise based upon comments; forward to David Eastman. 0.50 06/24/2020 MDC Follow-up with Barb Conboy on payment for outstanding accounts. 0.20 FOR CURRENT SERVICES RENDERED 4.00 820.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 MICHAEL D. CIRULLO 3.20 205.00 656.00 TOTAL CURRENT WORK 820.00 BALANCE DUE $820.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 63 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905263 Suite 101 STATEMENT NO: 31950 Boynton Beach FL 33426 Attn: Lynn Swanson Town Square Development HOURS 06/04/2020 JAC Review status of public facilities construction and begin review for closing out and acceptance 1.40 06/05/2020 DJD Address status of easements. 0.70 06/06/2020 JAC Review site and notated Issues for discussion regarding progression of parking and easements; miscellaneous on line research regarding developer financing issues 2.10 06/10/2020 RLL Follow up with Dan Nelson on draft of certificates for police station, fire station and city hall. 0.20 JAC Review correspondence and base agreements regarding completion of public facilities and necessary certifications 0.80 DJD Address status of easements and certifications. 0.60 RLL Follow up with client on review of JKM easements. 0.20 06/11/2020 JAC Conference with DJ Doody regarding close out of public facilities projects and certificates of completion related to financing; review contract documents regarding city requirements 1.60 06/16/2020 DJD Address JKM easements. 0.80 06/17/2020 JAC Telephone conference regarding temporary parking easements and related development issues; follow up review of documents 1.50 DJD Review comments to Parking Easement submitted by C. Groff; Participate in telephone conference call with City Manager; review email from Markey. 1.30 06/24/2020 JAC Review temporary easement status; evaluate development agreement responsibilities our affiliate JKM entities; follow up regarding completion of public improvements and release documents; 1.80 06/25/2020 JAC Review and revise temporary parking easements; miscellaneous calls raise same with CG and DJ Doody; Conference call with JKM attorney, revised document and sent to JKM attorney; follow up call with CityManager 3.40 DJD Review revisions to Temporary Easements; participate in conference call. 0.90 06/26/2020 JAC Review JKM revisions to temporary parking agreement; review CG and DJD comments; review developers agreement regarding same 1.20 06/30/2020 JAC review of temporary parking easement and release of construction easements;Follow up correspondence regarding same 0.80 Page 64 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905263 STATEMENT NO: 31950 Town Square Development HOURS FOR CURRENT SERVICES RENDERED 19.30 3,924.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 14.60 $205.00 $2,993.00 D.J. DOODY 4.30 205.00 881.50 RACHEL L LEACH 0.40 125.00 50.00 Photocopies 16.45 TOTAL EXPENSES 16.45 TOTAL CURRENT WORK 3,940.95 BALANCE DUE $3,940.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 65 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905290 Suite 101 STATEMENT NO: 31951 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Federal National Mortgage Association ("FANNIE MAE") (Cynthia J. Matthews, et.al.) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 66 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905313 Suite 101 STATEMENT NO: 31952 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Federal National Morgage Assoc. (Cleveland, Darren E., et., al.) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 67 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905322 Suite 101 STATEMENT NO: 31953 Boynton Beach FL 33426 Attn: Lynn Swanson adv. The Bank of NY Mellon Trust Co., et., al. (Naurelus, Iglad, et., al.) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 68 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905376 Suite 101 STATEMENT NO: 31954 Boynton Beach FL 33426 Attn: Lynn Swanson Matias, Iris V. (Midfirst Bank) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 69 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905384 Suite 101 STATEMENT NO: 31955 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Van Handenhove, Jozef James (The Bank of NY Mellon) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 Photocopies 2.80 TOTAL EXPENSES 2.80 TOTAL CURRENT WORK 23.30 BALANCE DUE $23.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 70 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905390 Suite 101 STATEMENT NO: 31956 Boynton Beach FL 33426 Attn: Lynn Swanson Matthews, Cynthia J. (Wilmington Savings Fund Society, et., al.) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 71 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905391 Suite 101 STATEMENT NO: 31957 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Lindsey, Idella aka Lindsey, Idell, et., al. (The Bank of NY Mellon, et., al.) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 72 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905398 Suite 101 STATEMENT NO: 31958 Boynton Beach FL 33426 Attn: Lynn Swanson v. Bueno, Miguel Alonso (Petition for Firearms) HOURS 06/26/2020 SHB Review file re: status of case and expiration of RPO. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 73 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905420 Suite 101 STATEMENT NO: 31959 Boynton Beach FL 33426 Attn: Lynn Swanson V. Goldberg, Howard (Risk Protection Order) HOURS 06/01/2020 SHB Review file and RPO final order; follow up with PD re: new incidents and possible extension of RPO. 0.40 06/26/2020 SHB Review file re: status of case and expiration of RPO. 0.10 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 74 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905427 Suite 101 STATEMENT NO: 31960 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ditech Financial LLC (Elgohary) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 75 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905431 Suite 101 STATEMENT NO: 31961 Boynton Beach FL 33426 Attn: Lynn Swanson adv. NationStar Mortgage (Perkins, Gloria) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 76 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905432 Suite 101 STATEMENT NO: 31962 Boynton Beach FL 33426 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foeclosure) HOURS 06/01/2020 HN review of Lynn Swanson's email regarding the subject property and monies owed. 0.10 06/03/2020 HN Edits to Motion to Strike Defendants' affirmative defenses. Email to JAC and MDC with draft. Phone call discussion with JAC about the Motion. Edits to Motion based on conversation with JAC. Phone call discussion with Lynn Swanson. Discussion with code enforcement as to amount owed on the property. Follow up email to JAC with amount due. 1.80 CLD Revised and finalized City's Motion to Strike Affirmative Defenses; e-filed same; update electronic file. 0.30 06/04/2020 HN Phone call with Jim discussing opposing counsel's email wanting to settle. 0.20 06/09/2020 HN Email to JAC regarding amount owed on outstanding liens in preparation for phone call with opposing counsel. Review of JAC's email regarding Daniel Rose. Phone discussion with Adam Temple regarding settlement and chronic nuisance conditions on the property. Follow up email to JAC cc SHB. 1.20 JAC Conference with HN regarding status of case and options 0.80 06/10/2020 HN Review of emails related to Laurore's desire to settle and the City's position on designating the property a chronic nuisance. Phone call discussion with SHB. Email to SHB with the underlying liens. Review of SHB response email. Review of Chronic Nuisance Code. 1.60 SHB Various correspondence re: case matters; discuss with HN. 0.50 06/19/2020 HN Phone conference with Adam Temple regarding possible settlement and chronic nuisance aspect of settlement. Follow up email to JAC cc SHB. 0.40 FOR CURRENT SERVICES RENDERED 6.90 1,390.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 HEATHER NEEDELMAN 5.30 205.00 1,086.50 SHANA H. BRIDGEMAN 0.50 205.00 102.50 CYNTHIA L. DUNN 0.30 125.00 37.50 TOTAL CURRENT WORK 1,390.50 Page 77 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905432 STATEMENT NO: 31962 Laurore, Iva and Renan (Code/Foeclosure) BALANCE DUE $1,390.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 78 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905433 Suite 101 STATEMENT NO: 31963 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ho, Benjamin and Karen (Code/Foreclosure HOURS 05/11/2020 HN Phone call to Adam Temple related to status of special magistrate hearing. 0.10 05/14/2020 HN Review and response to Adam Temple's email. 0.10 06/15/2020 HN Submitted request for update on title. 0.10 RLL Order updated title work. 0.40 06/23/2020 HN Follow up on update to title. 0.10 FOR CURRENT SERVICES RENDERED 0.80 132.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 0.40 $205.00 $82.00 RACHEL L LEACH 0.40 125.00 50.00 TOTAL CURRENT WORK 132.00 BALANCE DUE $132.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 79 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905434 Suite 101 STATEMENT NO: 31964 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS 06/02/2020 HN Review of email exchange between our office and Russell Williams regarding affidavit as to legal fees for the motion for summary judgment. 0.10 06/05/2020 HN Review of motion for summary judgment and phone call to Lynn Swanson for updated amounts owed on liens to input in the motion. 0.20 06/08/2020 HN Review of emails as to the recent amount owed on outstanding liens. Incorporated amounts into motion for summary judgment 0.30 06/09/2020 HN Review of Lynn Swanson and Tammy Stanzione's emails relating to outstanding liens on subject property. Updated motion for summary judgment to incorporate current amounts owed. 1.20 06/11/2020 HN Edits to Motion for Summary Judgment. 1.50 06/12/2020 HN Review of notices of hearing and green cards to include in the motion for summary judgment. Review of proof of mailing for hearings. Email to JAC with draft motion. 1.30 FOR CURRENT SERVICES RENDERED 4.60 943.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 4.60 $205.00 $943.00 TOTAL CURRENT WORK 943.00 BALANCE DUE $943.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 80 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905436 Suite 101 STATEMENT NO: 31965 Boynton Beach FL 33426 Attn: Lynn Swanson Hall-Mark RTC HOURS 06/01/2020 QEM Review of file and participate in telephone conference re: matter. 1.90 06/03/2020 QEM Review of email correspondence from staff re: matter; coordinate with staff response to RTC. 1.40 06/10/2020 QEM Review and evaluation of updated status of matter. 0.50 06/11/2020 QEM Review of email from staff re: canceling Unit 889; review of PO for Unit 889; draft correspondence re: matter. 0.90 06/18/2020 QEM Coordinate the response to RTC with staff. 0.40 06/23/2020 QEM Review and evaluation of email correspondence from staff re: matter; coordinate with staff and finalize termination letter to RTC; direct transmittal of termination letter. 1.20 FOR CURRENT SERVICES RENDERED 6.30 1,291.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL QUENTIN E. MORGAN 6.30 $205.00 $1,291.50 TOTAL CURRENT WORK 1,291.50 BALANCE DUE $1,291.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 81 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905441 Suite 101 STATEMENT NO: 31966 Boynton Beach FL 33426 Attn: Lynn Swanson Sale to Pulte Group -approx.. 14.7 acres off Nickels Blvd. HOURS 06/11/2020 DJD Review revisions to PSA. 1.10 06/15/2020 DJD Review of revision to Purchase and Sale Agreement. 1.30 06/16/2020 DJD Review PSA; email to Colin Groff. 1.40 FOR CURRENT SERVICES RENDERED 3.80 779.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 3.80 $205.00 $779.00 Photocopies 9.80 TOTAL EXPENSES 9.80 TOTAL CURRENT WORK 788.80 BALANCE DUE $788.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 82 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905450 Suite 101 STATEMENT NO: 31967 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Deutsche Bank National Trust (Arcelin, Jean, et., al.) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 83 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905451 Suite 101 STATEMENT NO: 31968 Boynton Beach FL 33426 Attn: Lynn Swanson adv. HSBC Bank (St. Felix, Jude 2020) HOURS 04/28/2020 SHB Review file re: status of case; update tracking log and follow up with Swanson. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 84 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905456 Suite 101 STATEMENT NO: 31969 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Priority Towing HOURS 06/05/2020 GB Emails with opposing counsel regarding Plaintiffs responses to City's Amended Discovery requests. Received and reviewed Plaintiff's answers to City's Amended Interrogatories and Request for Production. 0.50 06/08/2020 GB Emails with opposing counsel regarding upcoming Motion to Dismiss hearing. 0.20 IR Receipt and review of Plaitniffs Answers to First Set of Interrogatories, propounded by the City of Boynton Beach; receipt and review of Plaintiff's Responses to the City's First Request for Production; attempted to locate the Plaintiffs responsive documents, as noted in its Responses to the City's Request for Production; preparation of email to GB regarding same; prepared tickler to follow up again on June 10, 2020 regarding same, in order to prepare updates the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to add new information for trial disclosures; 0.80 06/09/2020 IR Receipt and review of email from litigation team regarding Plaintiffs responsive documents, following its discovery responses received on June 5, 2020; preparation of tickler to follow up, to confirm Plaintiff's records are complete and responsive to all of the City of Boynton Beach's discovery requests. 0.20 06/10/2020 GB Drafted, filed and served Amended Notice of Hearing for Motion to Dismiss. Emails with court reporter regarding Motion to Dismiss hearing. Received and reviewed Plaintiff's documents in response to City's First Amended Request for Production. 1.30 IR Receipt and review of City's Amended Notice of Special Set Hearing via Zoom platform, on June 16, 2020 at 2pm, before Judge Curley on the City's Motion to Dismiss Plaintiff's Amended Complaint for Declaratory Judgment, Injunctive Relief and Damages; receipt and review of email to Prestige regarding same; receipt and review of email from Palm Beach Circuit Court docket entry clerk, to indicate same was received and accepted to be entered on the court's docket; 0.70 06/12/2020 IR Receipt and review of the City's email to Palm Beach County Court Docket Clerk, with 5 sets of documents, to be sent to Judge Curley, in advance of the special set hearing of June 16, 2020, which includes 21 legal cases in support of the City's position in its Motion to Dismiss, along with city ordinances, District Board of Trustees documents; receipt and review of email confirmation of the City's Motion to Dismiss package, to be used on June 16, 2020 special set hearing by Lucille Kilgallon, Judicial Assistant to Page 85 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905456 STATEMENT NO: 31969 adv. Priority Towing HOURS Judge Curley, Division "AA"; receipt and review of email from Garry Glickman, Plaintiffs counsel, with correspondence to Judge Curley, with an additional 12 sets of supporting documentation for June 16, 2020; email resent to the Court, in 3 separate, broken down parts, due to size; 0.90 GB Prepared for Motion to Dismiss hearing by reading caselaw for hearing. Email communications with opposing counsel and the court regarding upcoming Motion to Dismiss hearing. 1.10 06/16/2020 GB Prepared for and attended Motion to Dismiss hearing. 3.90 06/17/2020 GB Reviewed proposed order granting Motion to Dismiss. Emails with opposing counsel regarding proposed order. 0.30 06/18/2020 GB Drafted and emailed status report to Town Manager. 0.40 FOR CURRENT SERVICES RENDERED 10.30 1,903.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 7.70 $205.00 $1,578.50 INGRID RIERA 2.60 125.00 325.00 TOTAL CURRENT WORK 1,903.50 BALANCE DUE $1,903.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 86 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905471 Suite 101 STATEMENT NO: 31970 Boynton Beach FL 33426 Attn: Lynn Swanson COVID 19 Matters HOURS 06/03/2020 JAC Updated review of CDC guidelines regarding return to work and employee testing; update review of emergency orders and expiration of virtual meeting option 0.80 06/22/2020 JAC Review status of federal, state, and county emergency orders; review updates to CDC and other regulatory agency rules and guidelines regarding return to work and workplace safety 2.20 FOR CURRENT SERVICES RENDERED 3.00 615.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.00 $205.00 $615.00 TOTAL CURRENT WORK 615.00 BALANCE DUE $615.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 87 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905473 Suite 101 STATEMENT NO: 31971 Boynton Beach FL 33426 Attn: Lynn Swanson v. Parshad, Varun Anshuman (RPO) HOURS 06/26/2020 SHB Review file re: status of case and expiration of RPO. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 88 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905477 Suite 101 STATEMENT NO: 31972 Boynton Beach FL 33426 Attn: Lynn Swanson Purchase of Half Moon Bay's Lift Station HOURS 06/04/2020 SMS correspondences with opposing counsel on Agreement exhibits 0.20 06/15/2020 SMS review survey of assets and correspondences with opposing counsel 0.30 06/22/2020 SMS call with staff on survey and lift station depiction; correspondences with opposing counsel on exhibits and Agreement 0.50 06/23/2020 SMS review opposing counsel revisions to Asset Purchase Agreement 0.70 06/24/2020 SMS revise Asset Purchase Agreement 0.60 06/26/2020 SMS correspondences with opposing counsel and staff related to lift station exhibits and opposing counsel comments 0.30 FOR CURRENT SERVICES RENDERED 2.60 533.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 2.60 $205.00 $533.00 TOTAL CURRENT WORK 533.00 BALANCE DUE $533.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 89 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905487 Suite 101 STATEMENT NO: 31973 Boynton Beach FL 33426 Attn: Lynn Swanson v. Stoll, Devon RPO HOURS 06/01/2020 SHB Follow up with Lagor re: finalizing and submitting RPO petition. 0.10 06/02/2020 SHB Various Telephone conference with and correspondence with Lagor re: petition. Receive and review revised documents; finalize, assemble, and file Petition. Prepare Order granting temporary RPO. 2.30 06/03/2020 SHB Receive and review various pleadings and correspondence from Clerk of court re: service. Follow up with court re: conducting trial using Zoom. Receive and review consent to search and MArsy form. Prepare and file notice of filing. 1.60 06/04/2020 SHB Prepare Order on Compliance and send to Judge for signature. 0.70 06/09/2020 SHB Prepare for trial. Various telephone conferences with Lagor. Follow up re: body camera footage. Various discussion re:judge resetting trial. 3.00 06/15/2020 SHB Telephone conference with Lagor re: respondent availability for trial; follow up with court reporter. 0.60 SHB Trial preparation; review Zoom procedures for electronic presentation of evidence. 0.50 06/16/2020 SHB Telephone conference with Lagor re: Stoll medical status and availability for trial. Prepare Order resetting trial and transmit to JA. Follow up with JA and Lagor re: potential trial dates. Receive signed order and transmit to Lagor for entry into NCIC/FCIC. Follow up with court reporter. 1.50 FOR CURRENT SERVICES RENDERED 10.30 2,111.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 10.30 $205.00 $2,111.50 Photocopies 0.35 TOTAL EXPENSES 0.35 TOTAL CURRENT WORK 2,111.85 Page 90 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905487 STATEMENT NO: 31973 v. Stoll, Devon RPO BALANCE DUE $2,111.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 91 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905489 Suite 101 STATEMENT NO: 31974 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Davis, Trevor Joseph (MOV) HOURS 06/09/2020 SHB Follow up re: status of case and trial date. 0.30 06/12/2020 SHB Review file and documents supporting basis for MOV. 0.60 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 92 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905495 Suite 101 STATEMENT NO: 31975 Boynton Beach FL 33426 Attn: Lynn Swanson Bamboo/Palmer Special Assessment HOURS 06/09/2020 DS Reviewed and analyzed Palmer Rd and Bamboo Ln notice letter, proposed plans, and developer agreement. Reviewed and analyzed F.S. 170 and case law related to waste water special assessments. Drafted response re: construction cost special assessment. 3.20 06/10/2020 DS Reviewed and revised research response re: special assessment. Reviewed and analyzed S. 381.0065. 0.60 06/11/2020 DS Discussed special assessment research with JAC. 0.20 06/19/2020 JAC Research And review regarding individual property owner assessments for water and sewer improvements; review non-ad valorem tax option 1.50 06/22/2020 DS Discussed cost sharing with SMS. Drafted email to City re: assessing Bamboo and Palmer residents. Reviewed and analyzed City Code and Florida case law re: assessing residents for water main extensions. Reviewed development agreement for Bamboo right of way and Palmer right of way. 1.80 06/23/2020 DS Reviewed and analyzed developer agreements for palmer and bamboo road. Researched and analyzed Section 381.00655, Florida Statutes. Discussed palmer road and bamboo In project with City and J.A.C. 1.50 JAC Conference call with staff regarding Cost recovery of project and connection fees; miscellaneous research for draft notice to owners. 1.20 06/26/2020 DS Reviewed and analyzed Home Rule Powers Act and Chapter 26 of the City Code of Ordinances. Reviewed 2017 Bamboo/Palmer correspondence. Reviewed and analyzed Section 381.00655, Florida Statutes. Reviewed and analyzed case law and secondary sources related to home rule power and funding capital improvements. 1.80 06/29/2020 DS Reviewed and analyzed case law related to expansion of water services. Reviewed and analyzed Palm Beach County Code. Researched and analyzed impact fees. 1.30 FOR CURRENT SERVICES RENDERED 13.10 2,685.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.70 $205.00 $553.50 DANIELLE SCHWABE 10.40 205.00 2,132.00 Page 93 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905495 STATEMENT NO: 31975 Bamboo/Palmer Special Assessment TOTAL CURRENT WORK 2,685.50 BALANCE DUE $2,685.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 94 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905098 Suite 101 STATEMENT NO: 31927 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#00 1 470000367AB HOURS 06/02/2020 TAD Receipt and review of correspondence re: motion to add insurer and prepare response to same. 0.20 06/12/2020 TAD Receipt and review of correspondence re: hearing on motion to add insurer and prepare correspondence re: same. 0.20 06/16/2020 IR Receipt and review of Notice of Special Set Hearing, thirty [30] minute special set hearing, scheduled for July 8, 2020 at 10:30a.m. on Plaintiffs Motion to Add Insurer to Final Judgment and Plaintiff's Additional Briefing on Motion to Add Insurer to Final Judgment, filed with the Court on 6.12.20; preparation of ticklers in advance of hearing, if the City contents the Plaintiff's position, at Judge Nutt's special set hearing; 0.30 06/23/2020 TAD Receipt and review of correspondence to court re: hearing to add insurer to judgment and case law. 0.40 FOR CURRENT SERVICES RENDERED 1.10 201.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TRACEY A. DECARLO 0.80 205.00 164.00 Photocopies 0.35 TOTAL EXPENSES THRU 06/30/2020 0.35 TOTAL CURRENT WORK 201.85 BALANCE DUE $201.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 95 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905171 Suite 101 STATEMENT NO: 31928 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim#001470000400P1 HOURS 06/08/2020 TAD Receipt and review of correspondence from plaintiff re: case management conference. Prepare correspondence to plaintiff re: same. 0.20 06/09/2020 TAD Receipt and review of correspondence re: case management conference. Prepare correspondence to re: same. Attend case management conference. Receipt of additional correspondence from plaintiff and prepare response to same. Prepare correspondence to City re: lien issues. Receipt of notice of hearing on status conference. Receipt of correspondence from adjuster re: status and prepare response to same. 2.30 IR Receipt and review of Notice of Case Management Conference, as referenced from this morning's hearing and to be rescheduled for July 16,2020 at 8:45am before Honorable Donald Hafele; preparation of ticklers in advance of the July Case Management Conference, to assist TAD to prepare for same; 0.30 06/11/2020 TAD Attend telephone conference with City re: status of property and request for mediation from plaintiffs. 0.30 06/25/2020 TAD Receipt and review of correspondence from City re: status of the property. Prepare response to same. 0.30 FOR CURRENT SERVICES RENDERED 3.40 673.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TRACEY A. DECARLO 3.10 205.00 635.50 TOTAL CURRENT WORK 673.00 BALANCE DUE $673.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 96 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905190 Suite 101 STATEMENT NO: 31929 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 05/29/2020 GB Emails regarding telephone conference with John Peters. 0.10 06/01/2020 GB Drafted outline and reviewed documents for telephone conference call with John Peters. Telephone conference call with John Peters. Telephone conference call with TAD regarding conversation with Peters. 2.30 TAD Receipt and review of correspondence re: deposition of Sohn. Confer with GB re: information on expert. 0.90 06/02/2020 GB Email to John Peters regarding telephone conference. 0.10 06/03/2020 GB Emails with IVR regarding Notice of Sohn's deposition. Received and reviewed Sohn's Notice of Deposition and compared to requirements in court order. 0.20 06/04/2020 GB Email to Stephanie Kaufer regarding Sohn's deposition. 0.10 TAD Receipt and review of correspondence re: claim and prepare budget. Review additional criminal trial testimony and update report. Prepare correspondence re: report. 3.10 IR Receipt and review of report and budget through trial [13 pages] and prepared ticklers pertaining to same; 0.40 06/10/2020 GB Drafted letter to City regarding telephone conference call with John Peters. 0.90 FOR CURRENT SERVICES RENDERED 8.10 1,628.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.70 $205.00 $758.50 INGRID RIERA 0.40 125.00 50.00 TRACEY A. DECARLO 4.00 205.00 820.00 Photocopies 7.35 TOTAL EXPENSES THRU 06/30/2020 7.35 Page 97 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905190 STATEMENT NO: 31929 adv. Readon, Jayden, Estate of(police chase) TOTAL CURRENT WORK 1,635.85 BALANCE DUE $1,635.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 98 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905214 Suite 101 STATEMENT NO: 31930 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Alicea, Linda, Luis, Amanda (auto accident) Billing Category: 18- RLO Claim#0014710-000406-AB-01/02/03 HOURS 06/16/2020 IR Initial review of tickler from June 15, 2020; retrieved paralegal file created from March 24, 2020 and prepared to retrieve online court docket; 0.30 06/17/2020 IR Receipt and review of tickler regarding the status of litigation, from date of loss on June 12, 2016; reviewed file and researched online Palm Beach Circuit Court, FL civil docket, to ascertain if litigation was instituted prior to the Statute of Limitations deadline, of June 12, 2020; preparation of email to litigation team regarding same; prepared follow up tickler for 2 weeks, to review the online court docket, to again, confirm if a Complaint had been filed; 0.90 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 99 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905216 Suite 101 STATEMENT NO: 31931 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470000410EP HOURS 06/25/2020 GB Telephone conference call with TAD and IVR regarding case status and depositions. Emails with opposing counsel regarding deposition dates. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 100 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905253 Suite 101 STATEMENT NO: 31932 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Bolt, Barbara Dilger(MVA) Billing Category: 18- RLO Claim#00 1 470000422AB HOURS 05/29/2020 IR Receipt and review of email acknowledgement from the Palm Beach County court, of the filing of the parties' Jonit Stipulation of Dismissal with Prejudice, to close out the litigation in the courts; reviewed and removed ticklers pertaining to follow up with Plaintiff's counsels'office regarding same. 0.20 06/01/2020 IR Receipt and review of the Court's Order of Dismissal, entered this date, by Honorable Scott Kerner, to close matter in Palm Beach Circuit Court; received and responded to TAD email regarding same; 0.20 FOR CURRENT SERVICES RENDERED 0.40 50.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.40 $125.00 $50.00 05/26/2020 Federal Express - Invoice 7-045-69508 11.02 11.02 TOTAL ADVANCES THRU 06/30/2020 11.02 TOTAL CURRENT WORK 61.02 BALANCE DUE $61.02 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 101 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905323 Suite 101 STATEMENT NO: 31933 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 05/29/2020 TAD Receipt and review of order from court re: dismissal. Receipt of order setting hearing. Prepare correspondence to plaintiff re: same. 0.40 06/02/2020 TAD Receipt and review of order re: dismissal. Receipt of plaintiff's reply to order. Receipt of proposed order on motion to appoint guardian. Receipt of correspondence to court re: same. 0.60 06/03/2020 TAD Receipt and review of correspondence re: order. Receipt of order. Receipt of correspondence from Court and executed order. Prepare correspondence re: same. 0.70 06/04/2020 IR Receipt and review of Plaintiffs Reply to Order Directing Parties to File Applicable Dismissal Papers, filed 6.2.20; researched Palm Beach County Court docket regarding Guardianship case opened, as Plaintiff is a minor; receipt and review of special set hearing to appointment a Guardian-Ad-Litem for the minor child, scheduled for June 10, 2020; preparation of ticklers pertaining to same; 0.90 06/10/2020 TAD Prepare correspondence to plaintiff re: status of settlement. Receipt of response to same. 0.20 06/16/2020 IR Receipt and review of documents that came through our firm's fax machine today, from Center for Orthopedic and Spinal; reviewed pleadings and court docket; cross-referenced City of Boynton Beach Witness and Subpoena Duces Tecum for Orthopedic Spinal; updated tracking chart with new special hearing date of July 14, 2020 at 10:30am before Judge Samantha Schosberg Feuer, in the Probate Division; 0.40 FOR CURRENT SERVICES RENDERED 3.20 552.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.30 $125.00 $162.50 TRACEY A. DECARLO 1.90 205.00 389.50 Page 102 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905323 STATEMENT NO: 31933 adv. Samad, Aboul and Samad, Sameera, as Parents and Natural Guardians of Raheel Samad, a Minor (broken concrete bench) TOTAL CURRENT WORK 552.00 BALANCE DUE $552.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 103 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905325 Suite 101 STATEMENT NO: 31934 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Dorce, Annesha (Public Works) Billing Category- 18-RLO Claim#00 1 470000445AB HOURS 06/04/2020 TAD Receipt and review of correspondence re: status of claim from City and adjuster. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 104 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905344 Suite 101 STATEMENT NO: 31942 Boynton Beach FL 33426 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18- RLO Claim#001470000450EP HOURS 05/29/2020 IR Receipt and review of email from TAD regarding Plaintiff financial records from the City of Boynton Beach; reviewed email from J. Oldbury regarding same; telephone conference with Dr. Manal Michail's office regarding her medical and other records that are past due, from May 13, 2020; 1.70 GB Emails with University of Miami regarding Dr. Moore's deposition. 0.10 TAD Receipt and review of correspondence re: response to subpoena. Prepare correspondence re: same. 0.20 06/01/2020 GB Received voicemail from Michael Landress regarding subpoena duces tecum. Emails with TAD regarding Michael Landress. Telephone conference call with Michael Landress regarding subpoena. Telephone conference call and emails with IVR regarding Michael Landress Subpoena. Emails with TAD regarding subpoena to Luna Wolf. Email to Luna Wolf's attorney regarding documents. Email to Plaintiffs counsel regarding subpoena to Luna Wolf and authorization. Email and telephone conference with Lynn regarding Michael Landress. Revisions to Landress' subpoena and sent Subpoena to process server for service. Receipt and review Plaintiff's payroll information from City and conversations with IVR regarding information as it applies to Michael Kridel. Telephone conference with TAD regarding Kridel and Plaintiff's medical records. 2.30 IR Receipt and review of Plaintiffs Payroll History, during specific period of employment; reviewed document, in order to forward to Michael Kridel, CPA, the City of Boynton Beach's forensic accountant; preparation of email to Mr. Kridel regarding same; telephone conference with GB regarding fact witness information; online review of information researched on fact witness; receipt and review of email regarding subpoena duces tecum for live deposition of EMS personnel and fact witness in this litigation; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; preparation of email to litigation team, to ensure Michael Kridel, CPA retainer fee was sent to the City, to ensure our expert received his retainer; preparation of ticklers to follow up on these issues by June 3, 2020; receipt and review of email from Michael Kridel, CPA and responded to his email regarding same; prepared supplemental tickler regarding Mr. Kridel's engagement letter with the City of Boynton Beach; 2.10 06/02/2020 IR Research Florida based medical experts, to testify on behalf of the City of Page 105 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 31942 Brescia, Brandon (EEOC Complaint) HOURS Boynton Beach at trial; telephone conference with potential medical expert witnesses regarding same; reviewed returns of service on three [3] of Plaintiff's medical providers, to produce records, in accordance with the City of Boynton Beach's subpoenas duces tecum; telephone conferences with medical records custodians, pertaining to their past due medical records of Plaintiff, due on May 13, 2020; preparation of updates to GB and prepared ticklers to receive medical records, following telephone conferences regarding same; 2.70 GB Reviewed letter and request for authorization from George Dumenigo, LCSW and email to Plaintiff's counsel regarding request for authorization. Emails with opposing counsel regarding release of Luna Wolf. Emails with Luna Wolf's attorney regarding release. Emails with TAD and IVG regarding release of Luna Wolf. Reviewed documents produced by Dr. Moore re- Plaintiff suffered from anxiety/depression before he was passed up for promotion. 2.60 06/03/2020 IR Preparation of trial disclosures 1.50 06/04/2020 GB Emails with opposing counsel regarding signed authorization from medical provider. Email to medical provider regarding signed authorization from Plaintiff. 0.20 TAD Prepare correspondence to plaintiff and to mediator re: mediation. Receipt of response to same. Review trial order re: deadlines for discovery and motions. 0.60 06/05/2020 IR Preparation of the City of Boynton Beach's trial disclosures with fact witnesses information; updates to Trial Witness and subpoena duces tecum tracking chart; 0.90 06/08/2020 GB Emails with counsel for Luna Wolf regarding subpoena and deposition. Discussions with IGV regarding medical records. Received and reviewed Luna Wolf's Motion for Protective Order and emails with TAD regarding Motion. Legal Research regarding rules of civil procedure of Objection to Subpoenas. 0.90 IR Receipt and review of Objection filed by Non-Party, Luna Wolf Medina; online docket review of discovery status and Plaintiffs various responses to the City of Boynton Beach's discovery requests; cross-referenced Plaintiff's responses with the City's Trial Witness and Subpoena Duces Tecum tracking chart, list of medical and other of Plaintiff's providers; telephone conferences with medical providers who did not produce their medical and billing records, pursuant to the City's Subpoena Duces Tecum; left voice messages for 2 providers and spoke with third, advised we would receive same before the end of this week; 2.60 06/09/2020 IR Receipt and review of email from Michael Kridel, CPA, the City of Boynton Beach's forensic accountant expert witness regarding his engagement contract status; prepared email to GB regarding same; prepared tickler to follow up 6.10.20; reviewed the City's Trial Witness and Subpoena duces tecum tracking chart, pertaining to the last set of records due to the City; prepared emails to litigation team regarding sets of records that were to be provided to the City's attorneys, by the end of last week; received responses regarding same; organized email to two medical providers, regarding past due records of the Plaintiff, and proposed Motion to Compel and for Sanctions to be prepared and set for hearing, before the court, for non-compliance to the City's subpoenas duces tecum, along with the Page 106 of 393 Page: 3 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 31942 Brescia, Brandon (EEOC Complaint) HOURS Plaintiff's Notice of Non Objection to the City's subpoenas duces tecum, filed with the Court on April 14, 2020; 2.30 TAD Receipt and review of correspondence re: mediation. Revise correspondence to mediator re: same. 0.90 06/10/2020 IR Receipt and review of email regarding Mediation of June 30, 2020; receipt and review of email from Michael Kridel, CPA, the City of Boynton Beach's forensic accountant, with his retainer and W-9 for same; preparation of email to litigation team regarding same; reviewed mediation summaries, for use on June 30, 2020 with Mediator Louis Williams, the parties agreed upon mediator; organization of records, for TAD to utilize at said mediation; several telephone conferences with Manal Michail, LMFT, Plaintiff's therapist, regarding information in her files from their sessions, as well as the status of off-site medical records [spoke after 7pm, when she returned my phone messages]; prepared updates to the City's Subpoena Duces Tecum tracking chart; 2.90 TAD Revise motion for summary judgment and review additional case law for same. Prepare correspondence re: same. Confer with GB re: discovery and motions. 2.30 GB Telephone conference call with TAD regarding Motion for Summary Judgment and experts. 0.40 06/11/2020 IR Receipt and review of telephone messages left and responded to Delray Physician Care Center staff pertaining to the Plaintiff's past due medical records; preparation of subsequent email to Michael Agocs at Delray Physician Care Center, advising the records were not received on June 11, 2020; preparation of memoranda pertaining to IVR and Manal Michail, LMFT and her medical records, notes from her treatments with the Plaintiff; preparation of email to Dr. Michail, as follow up to conversations of 6.10.20, to enclose the subpoena duces tecum, the return of service from the Process Servers and Plaintiff's Notice of No-Objection to subpoenas; reviewed medical records [partial, incomplete] from Delray Physician Care Center, for use during upcoming discovery, depositions and for use as trial exhibits; 3.20 GB Emails to Dr. Moore's office regarding deposition. Emails with IVR regarding Kridel. Emailed Retainer to Kridel. Telephone Conference call with Kridel regarding retainer agreement and case. Edits to Pre-Trial Report regarding Chief Petty. Email to City regarding Chief Joseph. Telephone conference call with Glenn Joseph regarding lawsuit and affidavit. Drafted Affidavit for Chief Joseph. Email to TAD regarding affidavit. 1.70 06/12/2020 IR Receipt and review of email from Dr. Manal Michail regarding Plaintiffs medical records status and her fee to retrieve same, sent email to litigation team; prepared updates to City of Boynton Beach Trial Witness and Subpoena Duces Tecum tracking chart; receipt and review of email from M. Agocs, Office Manager at Delray Physician Care Center regarding Plaintiffs medical records; prepared email to office staff, regarding receipt of faxes; preparation of email response to M. Agocs no documents received, to resend to be compliant with the City's subpoena duces tecum; preparation of updates to subpoena tracking chart; prepared updated ticklers to receive medical records by end of next week; 4.80 GB Emails with Dr. Moore's office regarding deposition. 0.10 06/15/2020 GB Emails with TAD regarding Dr. Moore's deposition. 0.10 IR Receipt and review of three emails with medical records attached [252 Page 107 of 393 Page: 4 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 31942 Brescia, Brandon (EEOC Complaint) HOURS pages total of 4 sets of documents total received]; analyzed medical records, from dates of treatment of the Plaintiff; preparation of confidential memorandum pertaining to Plaintiff's medical and other records, including IVR phone conferences with Plaintiffs medical providers, to the file; 3.60 06/16/2020 IR Receipt and review of the Plaintiffs Exhibits List, Witness List, the Plaintiff's forensic accountant's curriculum vitae, the Plaintiff's forensic accountant's finalized report, dated February 7, 2020; preparation of email to Michael Kridel, CPA, the City of Boynton Beach'forensic accountant expert witness, enclosing Plaintiffs expert witness CV and final report, dated 2.7.20; cross-referenced the list of witnesses from Plaintiffs Witness Disclosure against the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to ensure all witnesses are listed and prepared a separate memo of unknown witnesses listed by Plaintiff; 3.90 TAD Receipt and review of correspondence from City re: mediation and prepare response to same. 0.20 06/17/2020 IR Organization and review of medical records received from Delray Physician Care Center, in 4 sets of records; prepared updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; cross-referenced Plaintiff's recently filed trial witness list with the City's listed trial witnesses; preparation of email to Michael Kridel, CPA, the City's forensic expert witness, enclosing Plaitniffs trial disclosures, as well as Plaintiff's financial expert witnesses' curriculum vitae and 'final' report, for use deposition and at trial; prepared tickler to receive additional information, and potential discovery interrogatories and request for production, directed to Plaintiffs experts; 3.30 06/18/2020 IR Preparation of updates to mediation notebook, in advance of June 30, 2020; researched twenty-seven potential medical expert witnesses, in the fields of neuropsychiatry and neuropsychological medical practices, with background and experience in testifying in Florida state and federal courts, specifically in the field of brain disorders and associated depression, from information derived from the State of Florida, Department of Health Practitioner platforms; 3.40 06/19/2020 IR Organization of anticipated trial exhibits, for use at upcoming depositions, discovery and mediation; draft the City of Boynton Beach's Supplemental Certificate of Compliance with Plaintiffs Request for Copies, to include records received from Delray Physician Care Center and Dr. Bruce Barton; receipt and review of ticklers for upcoming deadlines; preparation of email to Manal Michail, LMFT, regarding status of her medical records of Plaintiff, that were past due from May 13, 2020; preparation of subsequent ticklers regarding trial deadlines, and other records that should be received in advance of the June 30, 2020 mediation with Louis Williams of Matrix Mediation; 4.10 TAD Receipt and review of correspondence from mediator re: mediation. Prepare response to same. Receipt of correspondence from plaintiff re: mediation. Review affidavit and prepare changes to same. Prepare correspondence to GB re: same. 1.20 GB Emails with TAD regarding Dr. Moore's deposition. 0.10 06/22/2020 GB Emails with IVR regarding Certificate of Compliance with Plaintiff's request for copies. Reviewed, edits and filed Supplemental Certificate of Compliance with Plaintiffs Request for Copies. Emails with attorney for Page 108 of 393 Page: 5 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 31942 Brescia, Brandon (EEOC Complaint) HOURS Luna Wolf regarding deposition. Edits to Affidavit of Chief Joseph. Email and telephone conference calls with Chief Joseph regarding Affidavit. Telephone conference call with City regarding Chief Joseph's Affidavit. Emails with Dr. Moore's office regarding deposition. Drafted and filed Notice of Deposition for Dr. Moore. Emails with court reporter regarding Dr. Moore's deposition. Telephone conference call with IVR regarding witness and exhibit list. 2.10 IR Reviewed City of Boynton Beach's Motion for Summary Final Judgment, along with exhibits thereto, to use during discovery, mediation and trial exhibits; preparation of updates to the City's Exhibits disclosure, following Judge Glenn Kelley's March 11, 2020 trial order; research of Plaintiffs trial witnesses and cross-referenced the witnesses with trial exhibits, pursuant to Plaintiff's trial disclosure; telephone conference with GB regarding the City of Boynton Beach's trial disclosures, to update with trial exhibits, as well as Plaintiffs medical providers, not already disclosed, and cross-referenced with Plaintiff's disclosures; finalized draft of the City's trial disclosures, to be completed and filed with the Court on June 24, 2020, in compliance with Judge Glenn Kelley's Order Setting Jury Trial and Directing Pretrial, Mediation and Jury Instruction Procedures, entered March 11, 2020; 6.20 06/23/2020 IR Receipt, review and responded to Manal Michail, LMFT regarding the City of Boynton Beach's subpoena duces tecum addressed to her medical practice and failure to provide records of Plaintiff; prepared email to litigation team regarding same; finalized the City's Trial Disclosures, following Judge Glenn Kelley's Trial Order, entered on March 11, 2020; research of Florida Department of Health medical provider look up; preparation of extensive email pertaining to Plaintiffs trial disclosures, and issues regarding same; 2.30 GB Emails with court reporter regarding Dr. Moore's deposition. Finalized and filed Notice of Dr. Moore's deposition. Emails with City regarding Motion for Summary Judgment. Finalized Motion for Summary Judgment and filed. Drafted and filed Notice of Filing Plaintiffs Deposition, Notice of Filing Hoggatt's Deposition, Notice of Filing Kinser's Deposition, and Notice of Filing Clemons Deposition, 1.90 06/24/2020 GB Edits, finalized and filed Witness and Exhibit List. Reviewed Trial Order for deadlines to set Motion for Summary Judgment hearing. Emails with City regarding witnesses. Legal Research and draft General Motion in Limine. Emails with TAD regarding Summary Judgment hearing. 3.10 IR Receipt and review of the City of Boynton Beach's court filings this date, including notices of filing depositions, motion for summary final judgment and the City's trial disclosures; received email from Manal Michail agent that her medical records were destroyed, in response to the City's subpoena duces tecum; legal and other research of Florida Statutes regarding preservation of medical records, researched Florida Administrative Code and Florida Board of Medicine pertaining to maintenance of record keeping by therapists, social workers, and mental health counselors; organized records custodian records, as listed on the City of Boynton Beach's trial witness and subpoena duces tecum tracking chart, regarding responses to subpoenas from medical and other entities; 4.80 06/25/2020 TAD Receipt and review of correspondence re: motion and hearing. Review information for mediation. Confer with GB re: issues with witnesses and motions. Receipt of correspondence re: information from plaintiffs providers and depositions. Confer with IVR re: mediation and depositions. Page 109 of 393 Page: 6 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 31942 Brescia, Brandon (EEOC Complaint) HOURS Review information from Plaintiff re: expert rebuttal and mediation issues. Review testimony outlines re: motions in limine and trial issues. Review case law re: motions and issues with claims and witnesses. 3.60 IR Reviewed deposition transcripts filed with the Clerk of the Court in Palm Beach County; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; preparation of final updates to virtual Mediation notebook, for the City attorneys to use on June 30, 2020 with Louis Williams; conference with team attorneys regarding trial preparation and additional discovery, prior to the deadline of July 14, 2020; reviewed legal and other research pertaining to medical professionals' duties and responsibilities to maintain patient records for seven years, pursuant to Florida Statute and Florida Department of Health; conference with TAD regarding same; 2.40 GB Telephone conference call with TAD and IVR regarding trial deadlines, discovery, Motion in Limine, and Motion for Summary Judgment. Drafted Motion in Limine regarding media and EEOC claims against City. Drafted outline for Michael Landress' Deposition. Emails with TAD and IVR regarding Luna Wolf production. Emails with Luna Wolf's attorney regarding deposition and production. 3.00 06/26/2020 GB Telephone conference call with IVR regarding exhibits for Michael Landress' Deposition. Put together virtual notebook for deposition. Emails with the Court regarding Motion for Summary Judgment. Prepared for mediation. 1.60 06/29/2020 IR Preparation of memoranda regarding litigation team conference, with pretrial projects to be completed; preparation of ticklers of projects to be completed and to update the team regarding same; revisions to Mediation Notebook, to be virtually utilized on June 30, 2020, with Louis Williams of Matrix Mediation; conferences with GB regarding June 30, 2020 mediation and mediation notebook, as well as upcoming discovery; 1.20 GB Emails with opposing counsel and attorney for Luna Wolf regarding Luna Wolf's Motion for Protective Order. Telephone conference call with TAD regarding mediation. Telephone conference call with City regarding mediation. Telephone conference call with Kridel regarding mediation. 1.30 06/30/2020 IR Receipt and review of records that pertain to Michael Landress, in advance of his deposition on July 2, 2020; prepared email regarding same; receipt ed and review of mediator's notice that the case reached an impasse; reviewed ticklers to prepare for trial, including depositions, and discovery; 1.40 GB Attended mediation. Emails with TAD and IVR regarding Landress' deposition. Emails regarding Dr. Moore's deposition. 2.00 FOR CURRENT SERVICES RENDERED 93.80 14,325.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 23.50 $205.00 $4,817.50 INGRID RIERA 61.30 125.00 7,662.50 TRACEY A. DECARLO 9.00 205.00 1,845.00 Photocopies 137.90 Page 110 of 393 Page: 7 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 31942 Brescia, Brandon (EEOC Complaint) TOTAL EXPENSES THRU 06/30/2020 137.90 06/22/2020 University of Miami - Deposition of Dr. Henry Moore 500.00 500.00 TOTAL ADVANCES THRU 06/30/2020 500.00 TOTAL CURRENT WORK 14,962.90 BALANCE DUE $14,962.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 111 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905369 Suite 101 STATEMENT NO: 31935 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18- RLO Claim#19754303 HOURS 06/05/2020 GB Emails with opposing counsel regarding rescheduling Plaintiff's deposition. Drafted, filed and served Re-Notice of Deposition. 0.40 TAD Receipt and review of correspondence from plaintiff re: deposition. Prepare renotice of deposition and prepare correspondence re: same. 0.30 06/24/2020 GB Emails with opposing counsel regarding rescheduling Plaintiff's deposition. 0.10 06/25/2020 GB Telephone conference call with TAD and IVR regarding Plaintiff's deposition. Prepared for Deposition. Emails with opposing counsel regarding Plaintiffs deposition. 1.20 06/30/2020 IR Preparation for Plaintiff's deposition on July 10, 2020; organization of discovery records received from Plaintiffs counsel, in preparation for trial and upcoming discovery, including the Plaintiff's scheduled deposition of July 10, 2020; 3.20 FOR CURRENT SERVICES RENDERED 5.20 810.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.70 $205.00 $348.50 INGRID RIERA 3.20 125.00 400.00 TRACEY A. DECARLO 0.30 205.00 61.50 TOTAL CURRENT WORK 810.00 BALANCE DUE $810.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 112 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905423 Suite 101 STATEMENT NO: 31936 Boynton Beach FL 33426 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit Billing Category: 18- RLO Claim#19780873 HOURS 05/29/2020 TAD Receipt and review of correspondence re: motion. Receipt of motion for stay from plaintiff with all exhibits. Revise correspondence to mediator. Prepare updated report and budget re: claims. Confer with IVR re: expert witness issues, trial issues and mediation. Prepare for deposition of Dipika Shah. Continue research for motion for summary judgment. 4.80 IR Organization of court filings, to utilize for Mediation before Rodney Romero, Esq. on June 1, 2020; reviewed summary by the City of Boynton Beach sent to Matrix Mediation, for Monday; receipt, review and responded to email from TAD regarding trial preparation directives; preparation of the City of Boynton Beach's Witness List and Exhibits disclosures; legal research regarding discovery deadlines, offer of judgment and rules pertaining to failure to cooperate in discovery, including sanctions for same; preparation of emails regarding findings to TAD, in advance of Mediation and Trial; 2.80 06/01/2020 TAD Attend mediation of matter. Receipt of correspondence from mediator re: same. Confer with Cafaro re: inspection. Receipt of correspondence from plaintiff re: deposition of Dipika Shah. Prepare response to same. Prepare re-notice of deposition. Prepare correspondence to adjuster re: mediation. Receipt of mediation report. 3.40 IR Preparation of the City of Boynton Beach's Trial Disclosures, listing the City's fact and expert witnesses, as well as its exhibits to be utilized at trial, scheduled for two [2] week docket commencing November 2, 2020; 3.20 06/02/2020 TAD Receipt and review of plaintiffs second amended response to request for production. Review documents produced. Prepare correspondence re: expert review. Receipt of plaintiffs third amended response to request for production and additional documents produced. Prepare correspondence re: same. Prepare correspondence to plaintiff re: deposition and receipt of response to same. Prepare second amended notice of deposition for Dipika Shah. Prepare for deposition of same. 4.30 IR Receipt, review and responded to TAD regarding forensic accountant to be retained in this case; prepared emails to Michael Kridel, CPA, regarding same; reviewed Plaintiff's 1120S from 2017 and 2018, as well as PNC Bank statements; sent separate emails to M. Kridel enclosing Plaintiff's financial documents this date; preparation of ticklers to receive Mr. Kridel's engagement contract, as well as his response to other inquiries regarding accounting expert issues; preparation of email to M. Kridel with Plaintiffs' Page 113 of 393 Page: 2 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 31936 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS business records, for Mr. Kridel's review and forensic expert witness anticipated testimony at deposition and trial; preparation of email to TAD regarding Plaintiff's 1120s business tax returns and missing records; 3.20 06/03/2020 TAD Receipt and review of correspondence from plaintiff re: depositions. Receipt Plaintiff's notice regarding production. Receipt of plaintiffs' motion for relief from order. Prepare amended motion to the Court. Prepare correspondence to plaintiff re: production. Confer with IVR re: exhibits for trial. Receipt of order re: motion to compel. Review documents for deposition of Dipika Shah. Prepare correspondence to plaintiff re: same. 3.70 IR Organized documents for Michael Kridel, CPA, the City of Boynton Beach's forensic accountant; reviewed Plaintiffs discovery responses, including its Answers to Interrogatories and Responses to Request for Production; receipt and review of seven [7] court filings, from June 2, 2020 through June 3, 2020, including the Court's two [2] separate rulings on discovery, Motions to Stay and for Sanctions against the Plaintiffs; preparation of several ticklers pertaining to the Court's rulings and pretrial deadlines; 3.10 06/04/2020 TAD Receipt and review of correspondence re: production. Prepare correspondence to plaintiff re: depositions. Attend deposition of Dipika Shah. Receipt of plaintiffs Third Amended Response to City's request for production and prepare correspondence re: same. Confer with SHB re: status for update to City. 3.70 IR Organized the City of Boynton Beach's trial disclosures, following Fed.R.Civ.P. format; researched Honorable Judge William P. Dimitrouleas' civil trial protocol and inserted same to the City's trial witness and trial exhibits mandatory disclosures; 2.90 06/05/2020 TAD Receipt and review of plaintiffs response to Motion to Compel. Review information on discovery and prepare reply memorandum to the Court and correspondence re: same. Receipt of plaintiffs notice of expert disclosure. Review rules and case law re: motion to strike same. Review additional records from plaintiff re: continued depositions. 4.30 IR Receipt and review of email from TAD regarding Plaintiffs supplemental disclosures; reviewed Plaintiff's financial and other supplemental disclosures; preparation of email to Michael Kridel. CPA for his review as the City's forensic accountant in this matter; preparation of ticklers to contact Mr. Kridel regarding several issues in this litigation; preparation of notes from Plaintiffs' discovery documents received this date; 4.40 06/08/2020 TAD Receipt and review of order on motion to continue. Prepare correspondence re: same. Confer with judicial assistant re: motion for sanctions hearing. Prepare notice of deposition and subpoena duces tecum to Fischer. Prepare notice of deposition of Shah. Prepare correspondence to plaintiff re: same. 3.80 IR Receipt and review of email regarding extension by Magistrate Judge Matthewman's Order entered June 8, 2020, along with other trial disclosure extensions; preparation of revised Trial Order Outline and emailed to Litigation Team; conference with TAD regarding Plaintiff's disclosure of financial expert witness from June 5, 2020 at 11:52pm; reviewed ticklers for this litigation and prepared email to Michael Kridel, CPA, regarding conference with counsel for City of Boynton Beach, in advance of preparing any substantive work on this case; preparation of tickler for June 10, 2020; prepared updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to include Plaintiffs latest witness Page 114 of 393 Page: 3 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 31936 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS disclosures; prepared updates to the City's trial witness disclosures, following the Court's Trial Order entered December 19, 2020/ DE 38; 2.90 06/09/2020 IR Receipt and review of email with engagement contract for expert witness forensic accounting services, from Michael Kridel, CPA; preparation of email to litigation team regarding same; responded to Mr. Kridel regarding his services; research and retrieved information on Jay Fischer, Plaintiffs' financial expert witness; ran Florida licensing searches, on Jay Fischer, and saved to Expert Witness file, for use at trial and his deposition; organized list of trial witnesses, in compliance with Judge Dimitrouleas' Trial Order from December, 19, 2019/ DE 38; 2.80 TAD Prepare correspondence to plaintiff re: depositions. Receipt of correspondence re: expert information for report. Prepare response to same. 0.40 06/10/2020 IR Receipt and review of email with retainer and W-9 from Michael Kridel, CPA, City of Boynton Beach's forensic expert witness; preparation for conference call amongst TAD, IVR and Mr. Kridel, scheduled for June 11, 2020; preparation of email to Michael Kridel, enclosing documents received from the Plaintiff, including its financial expert disclosure, as an additional trial witness; 2.80 TAD Prepare correspondence to plaintiff re: depositions and inspection. Prepare correspondence to City re: inspections and receipt of response to same. Review plaintiffs motion for stay re: response to same. Review case law. 1.30 06/11/2020 IR Preparation for conference call with TAD, IVR and Michael Kridel, CPA, the City's forensic accountant expert witness; attendance at conference as previously noted; reviewed pleadings for recently filed motions and the hearing of June 15, 2020 for Sanctions and associated court orders pertaining to same; reviewed emails between counsel, for Plaintiffs financial expert witness and preparation for his deposition, on June 19, 2020; reviewed email regarding Kirit Shah's continuation deposition on June 22, 2020 at 1 pm; 2.70 GB Emails with TAD regarding Daubert Motion. 0.10 TAD Attend telephone conference with City re: status and inspection. Attend conference with IVR and expert re: discovery. Revise duces tecum to Plaintiffs expert. Confer with GB re: daubert motion. Prepare notice of deposition of Shah and Notice of deposition of Fischer. Prepare correspondence to plaintiff re: depositions and receipt of response to same. Review information re: timeline re: damage claims. Revise response to motion for stay. Prepare outline for hearing on motion for sanctions. 3.70 06/12/2020 IR Receipt and review of emails from Plaintiff's counsel, regarding the Plaintiffs' financial expert witness and deposition issues being raised by Plaintiffs' counsel; received responsive emails by TAD, to address the pending issues, predominantly discovery issues; received email from the Court, confirming Monday's hearing on sanctions, to be heard by Magistrate Judge Matthewman; 0.80 GB Legal research for Daubert Motion. 1.60 TAD Prepare correspondence to plaintiff re: conference. Attend conference with Plaintiff re: deposition of expert and continued deposition of Kirit Shah. Prepare additional correspondence to plaintiff and receipt of response to same. Review notice of deposition of Fischer. Review case law and deposition of Kirit Shah re: conference with Plaintiff and motions. 2.80 Page 115 of 393 Page: 4 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 31936 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS 06/15/2020 IR Reviewed and updated City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to update discovery matters, including depositions and previously taken deposition transcripts, for use at trial, on Judge Dimitrouleas'trial docket set to commence the two week period of November 2 - November 13, 2020; preparation of additional ticklers with revised trial deadlines, including lead up to dates, to receive Plaintiffs' expert witness reports, and the City's expert witness rebuttal reports; online research on Plaintiffs' financial expert witness, pertaining to previous testimony in other litigation; conference with TAD regarding contempt hearing this date, before Magistrate Judge Matthewman; receipt and review of emails between counsel, related to upcoming discovery and expert witnesses; receipt and review of Magistrate Judge Matthewman's order, following today's hearing on sanctions/ DE 74; receipt and review of the City Attorneys' email to Plaintiffs' counsel, with three proposed dates for the continuation deposition of Plaintiff, Kirit Shah, in compliance with the Judge's ruling; 3.10 TAD Attend hearing on motion for sanctions. Receipt of order on same. Prepare correspondence to plaintiff re: deposition. Prepare notice of continued deposition of Kirit Shah. Continue review of records from Plaintiff re: depositions. 2.40 06/16/2020 TAD Receipt and review of correspondence re: depositions. Prepare response to same. 0.20 06/17/2020 TAD Receipt and review of correspondence from plaintiff re: expert deposition and prepare response to same. Receipt of order on motion for sanctions. 0.40 06/18/2020 TAD Receipt and review of correspondence re: Fischer deposition and prepare correspondence re: same. Review information from plaintiffs re: expert and prepare for deposition of same. 3.60 06/19/2020 TAD Receipt and review of correspondence re: deposition of Shah and prepare response to same. Receipt of correspondence re: expert deposition and prepare response to same. Prepare outline and exhibits for deposition of expert. Prepare outline of damage claims re: depositions. Receipt of correspondence from Court reporter re: depositions. Prepare correspondence re: same. Prepare additional correspondence to plaintiff re: expert deposition. Receipt of correspondence re: deposition of Shah and prepare notice for same. Receipt of objections from plaintiff. Review case law re: same. 4.80 06/22/2020 TAD Receipt and review of case law re: expert issues. Attend deposition of Fischer re: claims and expert opinions. Confer with IVR re: damage issues and expert issues for trial and motions. Confer with GB re: daubert motion. 4.20 IR Receipt and review of Plaintiffs' Response to the City of Boynton Beach's Subpoena Duces Tecum directed to Jay Fischer, Plaintiffs' accountant expert witness, in advance of his deposition this date; conference call with TAD and prepared list of directives and projects regarding this litigation, specifically regarding expert witness information; preparation of ticklers, following TAD directives; 1.20 06/23/2020 TAD Attend deposition of Kirit Shah re: financial records. Receipt of correspondence re: same. Receipt of deposition of Dipika Shah re: motions. Receipt of correspondence re: corrected depositions of Pierre and Shah to correct venue. Prepare outline of same. 3.30 Page 116 of 393 Page: 5 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 31936 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS 06/24/2020 IR Receipt and review of court reporters'transcripts from various fact witnesses and party witnesses; reviewed deposition transcripts regarding same; preparation of updates to trial witness and subpoena duces tecum tracking chart, to confirm receipt of transcripts, for use at the second mediation and for cross-examination use at trial; 1.10 06/25/2020 TAD Confer with GB re: daubert motion. Confer with IVR re: witness lists and expert rebuttal report. Receipt of depositions and continue to outline same for motions. Review case law re: damage issues for discovery motions and motion for summary judgment. Review case law re: expert issues for discussion with City. Prepare correspondence to City re: inspection. 3.80 GB Telephone conference call with TAD and IVR regarding trial order deadlines and Daubert Motion. 0.40 06/26/2020 IR Receipt and review of Plaintiffs' accountant, expert witness, deposition transcripts; reviewed Mr. Fischer deposition and prepared notes from same; preparation of email to Michael Kridel, CPA, the City of Boynton Beach's forensic accountant expert witness, including Mr. Fischer's deposition and requested a meeting with the litigation team, regarding rebuttal report, due in early July, 2020; 1.80 GB Read deposition transcript of Plaintiff's expert and legal research for Daubert Motion 2.00 06/29/2020 IR Review of Jay Fischer deposition transcript, received late Friday, June 26, 2020; telephone conference with Michael Kridel, CPA, regarding trial preparation and anticipated expert witness testimony and rebuttal report; confirmed conference call with Michael Kridel, CPA, TAD & IVR on Wednesday 7.1.20, prior to the City of Boynton Beach's rebuttal expert witness disclosure and report deadline, of July 6, 2020; reviewed Plaintiffs' expert witness deposition exhibits, per the City's forensic accountant's comments; 3.80 GB Draft and legal research for Daubert Motion to Exclude Jay Fisher's testimony. 0.40 06/30/2020 IR Reviewed deposition exhibits from Plaintiffs financial expert, Jay Fischer, following my conference with Michael Kridel, CPA; 2.30 GB Drafted and legal research for Daubert Motion to exclude expert witness testimony. 2.70 FOR CURRENT SERVICES RENDERED 111.00 19,163.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 7.20 $205.00 $1,476.00 INGRID RIERA 44.90 125.00 5,612.50 TRACEY A. DECARLO 58.90 205.00 12,074.50 Photocopies 43.05 TOTAL EXPENSES THRU 06/30/2020 43.05 Page 117 of 393 Page: 6 CITY OF BOYNTON BEACH 07/03/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 31936 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit 06/19/2020 Legacy Financial Services- Invoice 200601 2,250.00 2,250.00 TOTAL ADVANCES THRU 06/30/2020 2,250.00 TOTAL CURRENT WORK 21,456.05 BALANCE DUE $21,456.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 118 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905448 Suite 101 STATEMENT NO: 31937 Boynton Beach FL 33426 Attn: Lynn Swanson v. Fontenot, Joel (MVA) Billing Category: 18- RLO Claim#19787449 HOURS 06/15/2020 TAD Receipt and review of complaint. Review case law and prepare motion to dismiss. Review information on claim and prepare correspondence to adjuster re: same. Receipt of request for admissions, request for production and interrogatories to Ciyt. 2.30 06/16/2020 TAD Receipt and review of correspondence from adjuster re: status of negotiations. Review case law re: acceptance of settlement and enforcement of same. Prepare additional correspondence to adjuster re: settlement. Receipt of correspondence from adjuster re: claims information and settlement issues. 1.10 06/23/2020 IR Receipt and review of the City of Boynton Beach's Motion to Dismiss Plaintiff's Complaint, served upon the City June 8, 2020; online docket retrieval, to confirm discovery propounded by the Plaintiff and calculation of discovery deadlines pertaining to same; initial preparation of the City's Trial Witness and Subpoena Duces Tecum tracking chart, to list fact and potential expert witnesses, as well as records custodians, to prepare and serve subpoenas for discovery and trial; preparation of email to the City, regarding date Complaint and other litigation documents were served; 1.70 06/24/2020 IR Reviewed information from the City of Boynton Beach, including photographs of the vehicles, as well as the video obtained regarding same; 0.90 FOR CURRENT SERVICES RENDERED 6.00 1,022.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.60 $125.00 $325.00 TRACEY A. DECARLO 3.40 205.00 697.00 TOTAL CURRENT WORK 1,022.00 BALANCE DUE $1,022.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 119 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905490 Suite 101 STATEMENT NO: 31938 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Zamudio, Christian Valenzuela (MVA) Billing Category: 18- RLO Claim# HOURS 06/18/2020 IR Re: Christian Valenzuela Zamudio/ DOI: 3.17.20 Re: Automobile accident involving City of Boynton Beach Police Vehicle: receipt and review of potential new litigation, involving police department vehicle#4059, with attachments received from Richard Ignoffo, Risk Manager at City of Boynton Beach; prepared ticklers for 30 & 90 days; 0.80 FOR CURRENT SERVICES RENDERED 0.80 100.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.80 $125.00 $100.00 TOTAL CURRENT WORK 100.00 BALANCE DUE $100.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 120 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905492 Suite 101 STATEMENT NO: 31939 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18- RLO Claim# HOURS 06/17/2020 IR COBB adv. Natalie Flake, with DOI: 5.20.20, RE: multiple automobile accident, including City of Boynton Beach/ Police Department vehicles; receipt and review of potential new matter email from Richard Ignoffo, Risk Manager at the City, along with First Report of Loss or Claim, ACCORD Automobile Loss form [by Flake], Automobile Loss Form by Delray Beach; Incident Report by Delray Beach, FL, Police Report, photographs of the automobiles, Incident Report by the City of Boynton Beach, etc. preparation of ticklers, to follow up with the City, in 30 and 60 days from the date of receipt of Claimant's demand package; 1.20 06/23/2020 IR COBB/Cory Henry/ DOI: 5.20.20; Receipt and review of email from Richard Ignoffo, RM at COBB, with police report, photographs of police vehicle; prepared tickler to follow up and confirm this matter is a SUBROGATION case; 0.80 FOR CURRENT SERVICES RENDERED 2.00 250.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.00 $125.00 $250.00 TOTAL CURRENT WORK 250.00 BALANCE DUE $250.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 121 of 393 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 07/03/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905496 Suite 101 STATEMENT NO: 31943 Boynton Beach FL 33426 Attn: Lynn Swanson v. Besser, Bren (Farmers Insurance) (MVA) Billing Category: 18- RLO Claim# HOURS 06/23/2020 IR COBB/ Bren Besser/ DOI: 5.17.20/Automobile accident involving BBPD Officer Matthew Medeiros [#4661] reviewed email from the City of Boynton Beach, along with photographs, Incident Report, Florida Highway Patrol Vehicle Accident Report and other related documents/ prepared tickler for 30 days to confirm the case is a SUBROGATION Claim and not another type of potential litigation; 0.80 FOR CURRENT SERVICES RENDERED 0.80 100.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.80 $125.00 $100.00 TOTAL CURRENT WORK 100.00 BALANCE DUE $100.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 122 of 393 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach July 7, 2020 Attn: claims@bbfl.us Bill No. 52426 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 06/30/20 PROFESSIONAL SERVICES Date Services Attorney Hours 06/01/20 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.50 Plaintiffs proposed Pre-Suit Confidentiality Agreement, and review of same. 06/01/20 Preparation of correspondence to Judge Martz re redacted LHR 0.30 documents pursuant to Order entered May 27, 2020 for in camera review. 06/01/20 Review IA File 16-037 provided by Captain Zeller to redact LHR 1.00 off-duty BSO deputy's personal identifying information pursuant to Order entered May 27, 2020 for in camera review by Judge Martz. 06/02/20 Preparation of revisions to proposed Confidentiality Agreement. LHR 0.70 06/02/20 Receipt and review of correspondence from Chuck Eiss, LHR 0.20 Plaintiffs Counsel, re: Proposed Confidentiality Agreement approval. 06/02/20 Correspondence to Chuck Eiss, Plaintiffs Counsel, re: LHR 0.20 Proposed Confidentiality Agreement status of approval. 06/02/20 Correspondence to Chuck Eiss, Plaintiffs Counsel, re: LHR 0.20 Proposed Confidentiality Agreement Redlined Version. 06/03/20 Correspondence to Plaintiff counsel Eiss re: providing further JHL 0.30 revised confidentiality agreement for his review 06/03/20 Correspondence to Charles Eiss, Plaintiffs Counsel, re: LHR 0.20 approval of confidentiality agreement. 06/03/20 Receipt and review of correspondence from Charles Eiss, LHR 0.20 Plaintiffs Counsel, re: approval of confidentiality agreement. 06/03/20 Correspondence to Charles Eiss, Plaintiffs Counsel, re: LHR 0.20 authority for execution of confidentiality agreement. Page 123 of 393 Client: City of Boynton Beach July 7, 2020 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 06/03/20 Receipt and review of correspondence from Charles Eiss, LHR 0.20 Plaintiffs Counsel, re: execution with e-signature of confidentiality agreement. 06/03/20 Second correspondence to Charles Eiss, Plaintiffs Counsel, re: LHR 0.20 execution with e-signature of confidentiality agreement. 06/03/20 Receipt and review of correspondence from Charles Eiss, LHR 0.20 Plaintiffs Counsel, re: approval of execution with e-signature of confidentiality agreement. 06/10/20 Correspondence to insured Capt. Mathew Zeller re: proposed LHR 0.60 Amended/Supplemental Answers to Interrogatories & Response to Request to Produce for his review, approval, and execution of verification page. 06/10/20 Preparation of initial draft of Defendant Zeller's Amended LHR 1.70 Answers to Plaintiffs' First Set of Interrogatories and Notice of Serving same. 06/10/20 Preparation of initial draft of Defendant Zeller's LHR 1.60 Amended/Supplemental Response to Plaintiffs' First Request to Produce. 06/12/20 Receipt and review of e-mail from Defendant, Matthew Zeller, LHR 0.20 re: executed jurat page pursuant to Amended Answers to Plaintiff, Sanford Geraci, Interrogatories. 06/12/20 Receipt and review of executed jurat page received from LHR 0.10 Defendant, Matthew Zeller. 06/26/20 Preparation of final draft of Defendant, Matthew Zeller, LHR 0.40 Amended Answers to Plaintiffs', Sanford and Meredith Geraci, Interrogatories. 06/26/20 Preparation of final draft of Defendant, Matthew Zeller, LHR 0.30 Amended Response to Plaintiffs', Sanford and Meredith Geraci, Request for Production. 06/26/20 Preparation of extensive records for Defendant, Matthew Zeller, RKD 2.00 Amended Response to Plaintiffs', Sanford and Meredith Geraci, Request for Production. (2321 pages) 06/29/20 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 requesting additional time for filing of Plaintiffs' Better Responses to Discovery and requesting extension to Friday, July 3. 06/29/20 Preparation of email response to Plaintiffs' counsel Eiss re: LHR 0.20 acknowledging his request for additional time for filing of Plaintiffs' Better Responses to Discovery and requesting if he can have same to our office by Thursday, July 2 as our office is closed July 3 in observance of the 4th of July. 06/29/20 Receipt and review of second e-mail from Plaintiffs' counsel LHR 0.20 Eiss re: issues with timing for providing Plaintiff's Better Responses to Discovery. Page 124 of 393 Client: City of Boynton Beach July 7, 2020 Matter: 19132 - Geraci v. Zeller Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount JHL Jordan H. Lewis, Associate 0.30 160.00 48.00 LHR Lyman H. Reynolds, Jr., Partner 9.80 185.00 1,813.00 RKD Rebecca K. Davis, Paralegal 2.00 110.00 220.00 Total Professional Services 12.10 $2,081.00 CURRENT BILL TOTAL AMOUNT DUE $ 2,081.00 Balance Forward: 1,697.00 Payments &Adjustments: -1,697.00 Total Due: $ 2,081.00 Page 125 of 393 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 52426 Bill Date: July 7, 2020 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services 2,081.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 2,081.00 Balance Forward: 1,697.00 Payments &Adjustments: -1,697.00 Total Due: $ 2,081.00 Past Due Balance 0.00 TOTAL AMOUNT DUE $2,081.00 Page 126 of 393 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management June 14, 2020 Attn: Karen Klein Bill No. 52184 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 05/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 05/04/20 Receipt and review of Plaintiffs Notice of Hearing on Motion to SWK 0.10 Determine Procedures for Deposition of Mark Sohn. 05/11/20 Receipt and review of Correspondence from Sharmin to judge BLB 0.10 re: documents for hearing on Motion to Determine Procedures for Deposition of Mark Sohn. 05/12/20 Communicate/With Client Correspondence from Karen Klein KLR 0.20 regarding expert Dr. John Peters and requesting an updated litigation budget. 05/25/20 Plan and Prepare for hearing on Plaintiff's Motion to Determine SWK 0.40 Procedures for Deposition of Officer Sohn, including review of motion and response. 05/26/20 Communicate/Other Counsel multiple correspondences to and SWK 0.40 from Attorney Sharmin re: order and cover letter on Plaintiffs Motion to Determine Procedures for Deposition of Mark Sohn.per instructions of Judge Kerner. 05/26/20 Appear For/Attend hearing on Plaintiffs Motion to Determine SWK 1.10 Procedures for Deposition of Officer Sohn (includes wait time for judge). 05/26/20 Communicate/With Client correspondence to Karen Klein re: SWK 0.30 outcome of Plaintiffs hearing on Plaintiffs Motion to Determine Procedures for Deposition of Officer Sohn. 05/27/20 Communicate/Other Counsel multiple correspondences to and SWK 0.20 from Attorney Sharmin re: Plaintiffs proposed order on Motion to Determine Procedures for Deposition of Mark Sohn.per instructions of Judge Kerner. Page 127 of 393 Client: Gallagher Bassett Services, Inc. June 14, 2020 Matter: 18187 - Readon v. Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 05/28/20 Communicate/Other Counsel multiple correspondences to and SWK 0.20 from Attorney Sharmin re: our edits to Plaintiffs proposed order on Motion to Determine Procedures for Deposition of Mark Sohn.per instructions of Judge Kerner. 05/28/20 Review/Analyze edits to Plaintiffs proposed order on Motion to SWK 0.20 Determine Procedures for Deposition of Mark Sohn.per instructions of Judge Kerner. 05/28/20 Receipt and review of Court's Order on Defendant's Motion to SWK 0.10 Determine Procedures for Deposition of Mark Sohn. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount BLB Benjamin L. Bedard, Partner 0.10 185.00 18.50 KLR Kathryn L. Reeves, Paralegal 0.20 110.00 22.00 SWK Stephanie W. Kaufer, Partner 3.00 185.00 555.00 Total Professional Services 3.30 $595.50 DISBURSEMENTS Date Description Amount 05/08/20 Deposition Transcripts#100449;Deposition of Flor Cuevas 269.50 - Prestige Reporting Service, Inc. Total Disbursements $269.50 CURRENT BILL TOTAL AMOUNT DUE $ 865.00 Balance Forward: 407.00 Payments &Adjustments: -0.00 Total Due: $ 1,272.00 Page 128 of 393 ROBERTS, LLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach June 22, 2020 Attn: claims@bbfl.us Bill No. 99918352 P.O. Box 310 Boynton Beach, FL 33425-0310 SUPPLEMENTAL FINAL BILL. CLIENT: City of Boynton Beach 032 MATTER: Jean-Baptiste v. Boynton Beach et al. 18352 cc: claims@bb.fl.us BILL FOR FEES AND COSTS THROUGH 06/22/20 PROFESSIONAL SERVICES Date Services Attorney Hours 06/15/20 Receipt and review of Court's executed Order of Dismissal with LHR 0.20 Prejudice. 06/15/20 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order of Dismissal with Prejudice. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 0.40 185.00 74.00 Total Professional Services 0.40 $74.00 CURRENT BILL TOTAL AMOUNT DUE $ 74.00 Balance Forward: 259.00 Payments &Adjustments: -0.00 Total Due: $ 333.00 Page 129 of 393 ROBERTS, REYNOLDS, BEDARD & TUZZIO, LLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach June 22, 2020 Attn: claims@bbfl.us Bill No. 99918352 P.O. Box 310 Boynton Beach, FL 33425-0310 SUPPLEMENTAL FINAL BILL. CLIENT: City of Boynton Beach 032 MATTER: Jean-Baptiste v. Boynton Beach et al. 18352 cc: claims@bb.fl.us BILL FOR FEES AND COSTS THROUGH 06/22/20 PROFESSIONAL SERVICES Date Services Attorney Hours 06/15/20 Receipt and review of Court's executed Order of Dismissal with LHR 0.20 Prejudice. 06/15/20 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order of Dismissal with Prejudice. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 0.40 185.00 74.00 Total Professional Services 0.40 $74.00 CURRENT BILL TOTAL AMOUNT DUE $ 74.00 Balance Forward: 259.00 Payments & Adjustments: -0.00 Total Due: $ 333.00 Page 130 of 393 6.D. Consent Agenda 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on J my 7, 2020. Explanation of Request: The City Commission met on July 7, 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 D Minutes 07-07-2020 Minutes Page 131 of 393 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 7, 2020, AT 5:30 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. Openings A. Call to Order Mayor Grant called the meeting to order at 5:30 p.m. Invocation Mayor Steven B. Grant provided the invocation. Pledge of Allegiance Mayor Steven B. Grant led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. There was a quorum. Crystal Gibson, City Clerk, provided information regarding how to participate in the live stream online meeting. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to move items 9-A and 9-B after public audience. He added item 3-E regarding a mobile testing site in Boynton Beach at the Ezell Hester Center. 2. Adoption Motion Commissioner Romelus moved to approve the agenda as amended. Vice Mayor Penserga seconded the motion, which unanimously passed. Page 132 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 2. Other A. Informational items by Members of the City Commission Commissioner Katz, Commissioner Hay and Vice Mayor Penserga had nothing to disclose. Commissioner Romelus said she had nothing to disclose; wished everyone a belated July 4th. Excited to celebrate the City of Boynton Beach Centennial. Recognized Eleanor Krusell, Communications Director. Toured the newly constructed City Hall. Commended John McNally and Gail Mootz and the team responsible for the move. Noted that she understands this was a team effort to make the move happen. Mayor Grant noted on June 18th, he attended the Transportation Planning Agency meeting and also attended the Florida League of Cities Ethics Training. On June 19th, he celebrated Juneteenth with Boynton Strong. The event was well attended and the city was able provide hundreds of masks. June 21St, celebrated his first official Father's Day with four generations of fathers. June 29th, attended the Economic Development strategies team meeting and attended the tourism Master Planning. Thanked David Scott for his efforts to help with tourism in Boynton Beach. June 30th, attended a round table with Florida Trend. Noted the City of Boynton Beach should consider doing more for the technology industry and innovative areas. July 2nd, attended Business over Coffee and requested Saleica Brown, Manager of Customer Service, to speak at the next meeting. Attended Cookies with Cops, to show support. July 3rd went to the Golf Course (Links), stated staff was keeping everyone safe, and every person receives a clean golf cart. July 4th, the police had the task of turning down requests to use fireworks. July 6th, announced Feeding South Florida chose Boynton Beach to open a commercial kitchen and culinary arts training center in partnership with the Community Caring Center. July 7th, he spoke with Matt Kott from Copperpoint Brewing Company; the state of Florida has not allowed the brewery industry to open. If they do not receive assistance, the Brewery may close. Made a request for a letter addressed to the Department of Business and Professional Regulation requesting reconsideration to open tap rooms. Indicated it was not just a bar, but was manufacturing. Requested prayers for Captain Jeff Powers and his family. Wishing a speedy recover to him and his daughter. Indicated many people have lost their lives in Boynton Beach. Stated with the budget, he would like to begin requesting funds for county and state roads, for the Complete Streets or the Vision Zero. 3. Announcements, Community and Special events and Presentations. A. Announce FY 20/21 Budget Workshops dates and times. Mayor Grant announced the fiscal year 20/21 Budget Workshops dates and times. Due to the increase in the COVID-19 cases, staff has recommended the workshops to be held via GoToWebinar: 2 Page 133 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Monday July 13, 2020 at 5:00 p.m. Tuesday, July 14, 2020 at 10:00 a.m. If needed Wednesday, July 15, 2020 at 2:00 p.m. The Commission adopts a Preliminary Fire Assessment Resolution and Tentative Millage Rate Resolution at these workshops. Mayor Grant indicated he would like to have a space for the public to attend the meeting, with social distancing rules in place. Public comments could be made in person and online. Noted he would like to give ourselves a sense of normalcy. In addition, he would like to begin setting the example of how to have safe events. He would like to have it as a virtual meeting; however, he would like to open the Police Department Community Room. He explained this was 13,000 square feet of space, which could host between 50 to 100 people and have social distancing in place. There could be a virtual meeting as well as an in-person meeting. Noted some people are having issues with registering for the virtual meetings, calling in and using the GoToWebinar platform. Mayor Grant stated he would be at the Police station. If no one else comes, he would be there. If needed, the City Fire Department could distribute the medical masks received from Taiwan's Economic and Cultural office. There was discussion regarding the sound system and TV's. Mayor Grant stated the notice will be for a virtual meeting, but the city would also have an in-person meeting as well. Requested to work with the City Clerk so that all bases are covered. B. Proclaim the month of July 2020 a Parks & Recreation Month. Kacy Young, Recreation and Parks Assistant Director will accept the proclamation. Kacy Young, Assistant Director of Recreation and Parks, thanked the Commission for the proclamation. Due to the COVID-19, the entire recreation industry has had to be re- invented. The theme this year: "We are Parks and Recreation." They have discovered many different ways to interact with the public with the services provided by the Parks and Recreation. It is a great time to enjoy many of the popular activities that are organized by the Recreation and Parks Department. The U.S. House of Representatives has designated July as Parks and Recreation Month. By making this proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits derived from quality public recreation. Because of COVID-19, the Parks and Recreation department discovered new ways to connect with the community. The Parks department provide services, which are essential to our residents. Thanked every member of the Recreation and Parks Department along with other city departments, which have assisted in keeping our parks safe and accessible for our residents. 3 Page 134 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 C. Debbie Majors, Grants and ADA Coordinator, will give a brief presentation on the City's Inclusion Works Program. Debbie Majors, Grants and ADA Coordinator, provided a presentation regarding the ADA and grants received. Provided directions on how to become an inclusive business. She explained the purpose is the new economic development opportunity, support the local businesses, and provide education and resources, simple and flexible way for business to join the City of Boynton Beach in embracing a culture of inclusion. Explained how to become inclusive for businesses in three simple steps. Businesses would be recognized with a wall certificate and digital logo. The business will be on the City of Boynton Beach website and on the city's social media. In order to maintain recognition, the business must commit to additional inclusionary actions annually. This is the 20th anniversary of the Americans with Disabilities Act. We have the business inclusion support team and are raising awareness and educating the public about inclusion. Mayor Grant asked what could be done to offer more support to businesses. Ms. Majors stated this is a pilot program; they have received positive feedback from the community. Indicated if the residents and Commission frequent a business, refer them to the program. Provide names of businesses. Commissioner Romelus thanked the team. Hoped the small business owners would take advantage of this opportunity. Vice Mayor Penserga asked how a business would hear about this program. Ms. Majors explained that this information is on social media. To participate, there needs to be a Business Tax Receipt. Vice Mayor Penserga stated the exposure to programs for businesses should be seamless. D. Announcement of Quarterly update regarding the City's Census marketing efforts by Laura Lansburgh, Marketing Manager. Laura Lansburgh, Marketing Manager, provided an update on the 2020 US Census. The City has mailed 1,000 postcards, and the information is on the webpage. Many members of the staff have been trained and are wearing Census buttons. Participating in a municipal Census contest. Boynton Beach's response rate is at 56% return rate. Stated the county average was about 60%. The US Census Bureau has a website to look up response rates. Continued to post on social media. Stated every decade, the U.S. Census Bureau counts America's population and uses the data to distribute $675 billion of federal funding to states and communities each year. GuesstheCensus.com is inviting everyone to guess what is the population for the City of Boynton Beach. Noted Palm 4 Page 135 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Beach County estimates that, for every individual counted in the 2020 Census, the City will receive $1,600 per person per year for city services over a ten-year period. Commissioner Hay asked if this was because of the number of workers in Boynton Beach. Ms. Lansburgh explained this was a separate issue. Vice Mayor Penserga wanted to know who was leading. Ms. Lansburgh indicated the Village of Wellington was in the forefront. Staff has identified some barriers. Post cards are in three different languages. The Census competition is a friendly competition, which the city is involved in and using best practices. Commissioner Romelus wanted a meeting with Ms. Lansburgh offline. Commissioner Hay asked what was the biggest challenge. He suggested Ms. Lansburgh needs to continue with the faith-based community, and the community leaders could help the city move forward. Ms. Lansburgh said she would send another direct mailing, which includes additional languages. There were some events planned in March, cancelled due to COVID. Will consider additional signage. She reiterated they trusted community leaders' involvement Mayor Grant asked if the apartment communities have been contacted. Ms. Lansburgh responded staff has begun calling the HOA's in Boynton Beach and had door hangers in other communities. Commissioner Romelus inquired if there was any comparison data from previous years to measure the ranking from prior years. Ms. Lansburgh replied this is a unique situation. This is the first year that online was acceptable. E. Mobile Testing Site at the Ezell Hester Center Lorie LaVerriere, City Manager, announced there would be a free COVID testing site available at the Ezell Hester Center. Indicated this is a free walk up testing at the mobile clinic. The unit travels across the county. Provided a list of acceptable IDs. This would be a nasal swab test. Indicated the mobile site is available on July 15th for one day from 9:00 am until 4:00 pm. Placing information on the city's marques and other signage. Vice Mayor Penserga said he wanted to get the word out to the residents. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5 Page 136 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 John McNally, Information Technology Director, provided an overview of how to participate. Susan Oyer, 140 SE 27th Way, informed the Commission on June 25th, Alice "Nainie" Weems-Weaver, passed away. Five days later, her husband Curtis Weaver of 64 years, also passed away. She read the obituary into the record. Carline Paul, 601 South Seacrest Boulevard, made a comment about the Census; would like to help to provide airtime. Ramona Young, 101 South Federal Highway, stated no one brought up that residents have fears in completing the Census. Ace Tilton Ratcliff said he was curious about the number of disabled people involved in the ADA program. Major Grant noted the City is the only municipality in Palm Beach County, which is Autism friendly. Additional public comments, received before the Commission meeting, are attached to these meeting minutes as Attachment "A". Item 9-113 (being heard out of order) A. A presentation of FY20-21 Strategic Plan initiatives by Trina Pulliam of Trainovations. Trina Pulliam of Trainovations, provided overview of the City of Boynton Beach Fiscal Year 20/21 strategic plan. Noted the purpose of the plan was to address current and future challenges, leverage strategic advantages and core competencies and consider strategic disadvantages. The strategy also sets the direction, communicates and demonstrates a commitment of the vision and values, sets a focus for customer and workforce engagement and creates an emphasis on action to achieve the mission. It provides emphasis on tracking initiatives and projects to ensure proper funding and appropriate measures that matter for success. This year there would be a much more robust report. Explained the Strategic Planning process, which engages community leaders through interviews and obtaining input from elected officials. Leverages the involvement of the private sector through public surveys. Establishes strategic blueprint for setting direction and creating the environment for local property through deployment of the direction set in the plan. The strategic plan helps the City of Boynton Beach fulfill its responsibilities to its citizens, businesses and visitors, along with its societal responsibilities. 6 Page 137 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Provided some improvements to the strategic plan. They have shifted the prioritization implemented to an I/U designation to identify the combination of urgency and importance. Deployed Enviso software for tracking progress. Changed from 8 pillars to 3 pillars. Changed to 6 strategic initatives. Change from multiple software and files to one file source. In process strategic projects and their progress. CIP projects and their progress. New projects started either in the current fiscal year or slated to be started in the upcoming fiscal year. All projects are indexed with high level and sublevel task. All projects are linked and aligned to a strategic priority. Indicated the Vision and Mission statements for the City have not changed. Mayor Grant stated he does not like the Vision statement; it is longer than the mission statement. Requested to take out "Our vision is to be" and change to "A welcoming and progressive coastal community that celebrates culture, innovation, and business development." Asked if the Commission agreed. There was consensus. Ms. Pulliam responded the changes would be made. Ms. Pulliam continued to say there were three strategic Pillars. The first was Vibrant and Resilient Living. Which means to provide, sustain and enhance a smart and resourceful high quality of life while keeping citizens safe and intelligently responding to adverse conditions. The second strategic pillar was Connected and Engaged Community. She explained this means to encourage a share thriving community relationships among and between residents, businesses and visitors to thrive. Finally, she noted a Robust Local Economy. Which means to attract and retain a mix of new and existing businesses and jobs while fostering economic growth and development. Those three strategic pillars drive the 6 strategic goals of the city. The priorities for the city have been created both for funding and operational decisions for the upcoming fiscal year. The six priorities for the city used specifically to make funding and operational decisions for the upcoming fiscal year are 1. Culturally District Downtown, to create a city center as a cultural district for business and entertainment, 2. Building Wealth in the Community, which fosters long-term economic security for demographic by strengthening locally rooted and held businesses, 3. Transportation and Mobility to improve mobility for modes of transportation for all residents, workers and visitors. 4. High Performing Organization, which will maintain excellence, 5. Public Health and Safety and 6. Environmental Sustainability. Provided the new initiatives for fiscal year 2021, which are currently being proposed: Cultivate consciousness and develop a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. Strengthen resource access to the City's underserved populations by maintaining a database of links that connect residents with resources, supporting relationships, and partnerships. 7 Page 138 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Build an equitable economy that will grow family-wage jobs, advance opportunities for prosperity, collaborate with partners for an equitable city, and create vibrant neighborhoods and communities. Mayor Grant asked what is family wage jobs. David Scott, Director of Economic Development Strategy, explained this is a living wage. To make sure the wages received could support family and children on wages provided. Mayor Grant suggested instead of jobs have careers. The city wants to create industries not just temporary positions. Ms. Pulliam noted finally create responsive, accountable, and cost-effective government programs and services that lead to Performance Excellence. Indicated those four initiatives came out of a variety of conversations with staff and the elected officials. These initiatives should align with the direction that the city is going. Wanted to make a quick note that because these four initiatives are on the plate and are being considered starting in October, it does not mean that the city has never considered these initiatives. What it means is that now the city has direction to allocate resources towards these initiatives. Mayor Grant commented there are many projects are still in the works. There is a focused approach, instead of going from one project to another project. Ms. Pulliam noted that the strategic plan does not consider the regular operations of the city. The strategic plan is outside the regular operations of the city. The city will continue to operate all of the services programs that it operates on a regular basis, will continue those most effective and efficient manner. The strategic plan helps you get from here to the vision, looking at potentially a five-year or a ten-year plan. The four particular initiatives are not things that will be one and done. These are things to help the city continue with those under those strategies for years to come. Vice Mayor Penserga indicated he fully supports those initiatives. Requested clarification on Cultivate consciousness. David Scott, Director of Economic Development Strategy, explained it was intended to create an awareness as mentioned, also make sure that the city cultivates the culture within the city organization. As more than just awareness is actually changing culture, so that everything we do, we approach it with racial and social equity framework, to bring that into our thinking, our strategies and our approach as we provide services to residents. Commissioner Romelus said she supports the initiative. Indicated she would like to see tangible goals. Also, asked how the city is planning to implement these initiatives and these ideas. Ms. Pulliam stated the purpose of these initiative help set the direction. One these initiatives adopted by the Commission the staff will determine the action plan. 8 Page 139 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Commissioner Hay stated the council has received too many complaints from the community; so far, it has not worked to his expectations. Mr. Scott explained these are the high-level initiatives. The next presentation is about developing, racial and social equity framework that would fit into the outcomes of the process, or what would provide the detail to that first initiative. Staff recognizes some populations in the city may need help and services, which the city may not provide. It is important to develop strategies that connect our community with those services, whether they are county services, or for private for-profit services. The third one is really looking at how the City strengthens the economic development strategies to ensure that all of our communities prosper from the economic activities within the city. Also setting the framework for how the city becomes more efficient and effective, providing services to the community, and removing any redundancies that may exist. Commissioner Hay said he is supportive is what is being presented, and he would like to see the details. Indicated when there are new developers coming in the city, the community should be getting a piece of the pie. He wants to see what is going to happen at the next level. Commissioner Katz stated he supports the document. Mayor Grant thanked the Commission for the support of the strategic plan five years ago. He stated this is to address the future needs of the community. This report has gone from a project-oriented initiative to the strategic plan. He understood that this goes to more of the City vision and mission statement, and will address the current issues and trying to address the future issues. He believes that the city is moving in the right direction, especially with the hardships now of this virus affecting the world. Mayor Grant noted as the leadership for the City, the Commission has provided the insight to the city staff so that the City of Boynton could still be the great place to live and work. Motion Commissioner Hay moved to approve. Seconded by Commissioner Romelus, which passed unanimously. Commissioner Romelus stated she agreed with the Mayor. Mentioned former Commissioner McCray who was a part of the group, which put the city to the next level. Mayor Grant mentioned other Commissioners over the years. Thanked staff, recognized, and honored all those who helped rebuild the City of Boynton Beach. 9-C Racial and Social Equity Framework (being heard out of sequence) 9 Page 140 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 David Scott, Director of Economic Development, noted the City of Boynton Beach seeks to cultivate consciousness and develop a framework to address racial and social equity in the delivery of city services for the benefit of all communities within the city. The City Commission requested a discussion of a Task Force to address racial and social equity in the City of Boynton Beach. This presentation provides the findings of staffs research in developing an approach to cultivating consciousness and creating a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. Mr. Scott explained what racial power, racial privilege and racial prejudice meant. The city has focused on broadening that conversation, not just for not just talking about racial, but also, to talk about all the other subgroups that we have living and thriving within the City of Boynton Beach. Therefore, it could be the Latin American community. It could be the deaf community. As well as the city's LGBT community. Therefore, it really focuses on all of our communities and equity for residents. The city has identified six steps to racial equity: 1. Data collection, 2. Set outcomes, 3. Analyze data, 4. Establish priorities, 5. Evaluate, and 6. Report. Noted the stakeholders such as the elected officials, city officials, clergy, civil rights groups, millennials, activists, and families of people which are affected by racial and social inequities should be joined by businesses, educators and coaches, students, professional sports team or players, local celebrities, local media outlets and other community leaders who have the trust of the community. The change team and facilitators will develop strategies and activities to close the equity gap. Mr. Scott noted the journey was personal responsibility, cultural awareness and institutional alignment. Mayor Grant suggested teaching children career skills. Commissioner Romelus requested to have a racial gender-neutral conversation within our city departments. She stated training should be for all staff, not just the leadership. Lori LaVerriere stated the city has an amazing organization. It is incorporating diverse cultures. Vice Mayor Penserga asked if all could receive training for 25K and said he is interested in the long term. Motion Vice Mayor Penserga moved to approve. Seconded by Commissioner Romelus, which passed unanimously. 5. Administrative A. Appoint Voting Delegate for Florida League of Cities Annual Conference on August 14, 2020 10 Page 141 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Vice Mayor Penserga stated the voting for the Florida League of Cities could now be done online. Motion Commissioner Romelus nominated Commissioner Hay as Delegate for the Florida League of Cities Annual Conference on August 14, 2020. Seconded by Commission Katz, the motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positons on City Advisory boards. Mayor Grant announced openings for each Board. Vice Mayor Penserga nominated Julie Mondello to the Parks and Recreation Board (Reg). Commissioner Hay seconded the motion, which unanimously passed. Vice Mayor Penserga nominated Jacob Schwartz to the Parks and Recreation board (Alt). Commissioner Hay seconded the motion, which unanimously passed. 6. Consent Agenda Mayor Grant pulled items A, B, F, G, and I. Commissioner Romelus pulled item H. 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 the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R20-060 - Approve the request from New Cingular Wireless PCS, LLC (formerly Bellsouth Mobility Inc.), Lessee to amend the lease agreement for the 150 foot telecommunications tower at 300 East Woolbright Road (City's Little League Field site). Mayor Grant read the resolution into the record by title only. Noted the city property leased for a telecommunications tower to Bellsouth Mobility Inc. since February 1, 1995, this is when the City Commission approved the original agreement. In June 2000, the City consented to a first lease amendment (R00-092) to facilitate the transfer of tower maintenance and management responsibility to Crown Castle International. August, 2007 the City consented to a second lease amendment (R07-093) extending the lease for an additional 15 years to the year 2035; allowing an option to lease 320 square feet more ground space for an additional rent of$15,168 per year; increasing the rent by 5% annually starting in 2020. Providing the City with a lump sum payment of $23,500 upon 11 Page 142 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 execution of the lease amendment. This third lease amendment proposes to extend the lease an additional 20 years to September 14, 2055; to include an option to lease 400 square feet of additional ground space with an annual rent increase of $7,200; and include the payment of a lump sum of $20,000 for consideration and execution of the proposed lease amendment. All other lease agreement provisions would remain, including the annual rent escalation of five (5) percent to begin September 2020. Staff recommends that this request be approved thereby allowing an extension of the lease agreement terms, and a new provision for an option to expand the ground lease area for additional equipment upgrades. Vice Mayor Penserga stated they would give them the money and the city would regulate it. Commissioner Hay wanted to know why the city was renegotiating the lease now. Mayor Grant indicated Cingular Wireless PCS, LLC wanted more ground space , which would provide an additional rent of$15,168 per year; increasing the rent by 5% annually starting in 2020. Motion Commissioner Hay made a motion to table the item. Seconded by Commissioner Romelus, which passed unanimously. B. Proposed Resolution No. R20-061 - Approve an update to the Building Division's Fee Schedule associated with development review activities in the Building Division. Mayor Grant read proposed Resolution No. R20-061 into the record regarding the Fee Schedule of the Department's Building Division, which has not been amended since 2015. Most of the building department fees designed to recover actual costs of processing permits and should be adjusted based on increased costs of this activity. Staff recommends delaying these types of fee amendments until a time when such rollout would not potentially affect the local economy while recovering from the impacts of the virus pandemic. The remaining fees recommended for adjustment are either required by other agencies or are proposed for new services being offered by the City that require cost recovery. The proposed amendments are summarized below and included in the accompanying exhibit. Adding documentation for users explaining how project valuation is calculated. Updating of agency titles and the fee required collected by the State for educational and building code review processes. Inserting a fee for solar energy systems based on the countywide sustainability and national Sol Smart initiatives. In part to add incentives for the installation of solar systems, this effort includes setting a maximum permit fee rate and standardized (county-wide) process for permit review with a maximum 3-day turn-a-round period. Adding a Private Provider Permit Fee discount per new Florida 12 Page 143 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Statutes requirement, with the reduction depending on level of services conducted by a professional contracted by the owner or builder (i.e. applicant). Adding the new minimal Technology Fees to contribute to the costs of paying for an electronic computer platform used to deliver expeditious and convenient filing and plan review systems for applicants. Adding fees for additional requests for extending a Temporary Certificate of Occupancy or Temporary Certificate of Completion (beyond the first request, which is currently $200. This includes an extension after the third extension, which requires review/approval by the Building Board of Adjustment and Appeals. Adding fees to cover staff costs for converting hard copy (paper) permit applications to electronic format. The fee is intended to both incentivize the electronic filing of applications while maintaining paper-filing option for those applicants without the resources for electronic filing. Adding a fee corresponding with a new "express" plan review service, which is a service and fee associated with a requested "after hours" plan review service offered to the applicant. Motion Vice Mayor Penserga moved to approve. Seconded by Commissioner Katz, the motion passed unanimously. C. Motion to approve the vehicles/equipment submitted by Fleet Maintenance Division for disposal using various means such as JJ Kane on-line auction and GovDeals.com. D. Proposed Resolution No. R20-062 - Authorize the City Manager to sign an Agreement with Florida Technical Consultants, LLC. of Boynton Beach, FL as a result of RFQ No.007-2821-20/TP for Geographic Information Services (GIS) Engineering Services to be executed based on individual task orders in compliance with the City's purchasing policies and procedures. E. Accept the written report to the Commission for purchases over $10,000 for the month of May 2020. F. City Staff recommends approval of rent abatement for Ultimate Bakery & Pastry for operation of concessions at Turtle Cafe at Oceanfront Park for March, April and May 2020, during which time Turtle Cafe was not operational as Oceanfront Park closed due to COVID-19. Mayor Grant indicated he had the opportunity to speak with the owner, and stated it was not looking good for the cafe. He would like to include the abatement from March to July, because of the decrease of people, which could have come in. The owner requested the entire year. Discussion regarding rental abatements for March through July, and reduction of rent for August, September and October paid at 50%. 13 Page 144 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Motion Commissioner Romelus moved to approve the abatement beginning March 2020 through July 2020, and 50% adjustment for August 2020 through October 2020. Seconded by Commissioner Hay, the motion passed unanimously. G. City Staff recommends approval of rent abatement for Ultimate Bakery & Pastry for operation of the concession at The Links at Boynton Beach Golf Course (The Links) for March and April, during which time The Links closed due to COVID-19. Mayor Grant indicated because of the closure of the Links the Ultimate Bakery & Pastry was requesting abatement for March and April due to COVID-19. Usually on July 4t" the cost could be recouped, but because the Links was closed this was not available. Motion Commissioner Romelus moved to approve. Vice Mayor Penserga seconded the motion, which passed unanimously. Commissioner Romelus inquired if this was a multi-year contract. Mayor Grant understood the contract expires in 2021. Noted the time in which to receive a new RFP would mean the contract would have expired. H. Proposed Resolution No. R20-063 - Authorize the City Manager to sign an equipment purchase and one-year subscription agreement and addendum with Granicus for $16,302.00 for streaming and live voting services in the New City Hall Commission Chambers. Commissioner Romelus inquired what is included and if this included a voting option. Kathryn Matos, Assistant City Manager, stated the live voting services are available for an additional cost. The services Includes live video streaming of the meeting and create an archive on the city webpage page. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which passed unanimously. Commissioner Romelus inquired if the system would be available for the Commission to use by August 2020 city meeting. Kathryn Matos, Assistant City Manager, replied that is the goal. 14 Page 145 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 I. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm, ABM Industries, Inc. and establish a contract in accordance with the Request for Qualifications (RFQ) No. 009- 2511-20/RW for Town Square / City Facilities Maintenance Services. At the completion of the negotiations, the Contract will be brought back to the Commission for approval. J. Approve minutes from the City Commission meeting on June 16, 2020. Motion Commissioner Hay moved to approve the agenda as amended. Vice Mayor Penserga seconded the motion, which passed unanimously. 7. Bids and Purchases Over $100,000 A. Proposed Resolution No. R20-064 - Approve and authorize the City Manager to sign Amendment No. 3 to the Developer's Agreement with Knuckles, LLC in the amount of$18,935.18 for the construction of sanitary sewer and lift station wet well improvements for the Taco Bell project located at 2319 Federal Highway. Upon approval of Amendment No. 3, the revised project amount will be $188,897.18. B. Approve the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in the written report for July 7, 2020 - "Request for Extensions and/or Piggybacks Over $100,000." Motion Commissioner Hay moved to approve the Consent Agenda for items over$100,000. Vice Mayor Penserga seconded the motion, which passed unanimously. Mayor Grant requested a break 8:25 p.m. Meeting resumed at 8:32 p.m. 8. Public Hearing 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. Attorney James Cherof read proposed Ordinances No. 20-017 through 20-023 into the record on second reading. Attorney Cherof indicated these ordinances must be voted on separately. 15 Page 146 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 A. Proposed Ordinance No. 20-017 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Sections 1.13. and 2.E., to set a consistent maximum building height for all Single-Family, and Single and Two-Family residential zoning districts. Attorney Cherof read the proposed Ordinance No. 20-017 into the record on second reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-017 on second reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-018 - Second Reading -Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Section 1.13. and Sections 2.0 and 2.E., to modify development standards for selected non-conforming lots. Attorney James Cherof read the proposed Ordinance No. 20-018 into the record on second reading. Motion Vice Mayor Penserga moved to approve proposed Ordinance No. 20-018 on second reading. Commissioner Hay seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-019 - Second Reading -Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D. Use Matrix, to revise the locational criteria and regulations for Automobile Rental. Attorney James Cherof read the proposed Ordinance No. 20-019 into the record on second reading. Motion Vice Mayor Penserga moved to approve proposed Ordinance No. 20-019 on second reading. Commissioner Hay seconded the motion. 16 Page 147 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-020 - Second Reading -Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D. Use Matrix, to allow Professional & Technical Schools in Industrial (1) pods within Quantum Park. Attorney James Cherof read the proposed Ordinance No.20-020 into the record on second reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-020 on second reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-021 - Second Reading -Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D. Use Matrix, to allow Self-Service Storage in the C-4 zoning district. Attorney James Cherof read the proposed Ordinance No. 20-021 into the record on second reading. Mayor Grant indicated the last reading incorporated a conditional use to the proposed Ordinance No. 20-021. Motion Commissioner Hay moved to approve the proposed Ordinance No. 20-021 on second reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-022 — Second Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article V. Supplemental Regulations, Section 3.D. Swimming Pools and Spas, amending locational criteria. Attorney James Cherof read the proposed Ordinance No. 20-022 into the record on second reading. 17 Page 148 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Motion Commissioner Hay moved to approve proposed Ordinance No. 20-022 on second reading. Vice Major Penserga seconded the motion City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-023 - Second Reading -Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article V. Supplemental Regulations, to add Section 3. AA, In-ground Storm Shelters. Attorney James Cherof read the proposed Ordinance No. 20-023 into the record on second reading. Motion Vice Mayor Penserga moved to approve proposed Ordinance No. 20-023 on second reading. Commissioner Katz seconded the motion. City Clerk Gibson call the roll, vote 5-0. B. Proposed Ordinance No. 20-024 - Second Reading -Approve amending City Code of Ordinances Section 16-60, Article 2, Establishing hours of use at Harvey E. Oyer, Jr. Park to provide Community Standards with the ability to enforce parking regulations. Attorney James Cherof read the proposed Ordinance No. 20-024 into the record on second reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-024 on second reading. Commissioner Romelus seconded the motion. Mayor Grant discussed parking at Oyer Park. Mayor Grant opened to public audience. Seeing none, public audience closed. City Clerk Gibson call the roll, vote 5-0. C. Proposed Ordinance No. 20- 025 - Second Reading - Approving request for abandonment of easements associated with the Riverwalk Plaza redevelopment project, located at 1532 S. Federal Highway. Applicant: Soraya Conserve, Flynn Engineering Services, P.A. 18 Page 149 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Attorney Cherof read proposed Ordinance No. 20-025 into the record by title only on second reading. Motion Commissioner Hay moved to approve. Commissioner Romelus seconded the motion. Mayor Grant asked for a map of the easement. Colin Groff, Assistant City Manager, indicated staff tried to produce a map, but was unable before the start of the meeting. He explained the dedication of new easements for utilities on the site. These easements are no longer needed on the site; they are under new buildings. Mr. Groff stated this does not have anything to do with any easements on any adjacent property, that they are just strictly for the development. Mayor Grant opened to public comment. Susan Oyer 140 SE 27th Way, said she understands these are all the easements, and believes this is fine. The City was promised the mangrove park from this developer. Indicated to the best of her knowledge, the city was not in possession of these mangroves. Inquired when the city would get the mangroves. Asked about the city continuing to give the developer everything he requests, when he still has not made true on his promises. Mayor Grant noted the promise was not in writing. Ms. Oyer stated the residents and Commissioners voted to approve based on the developer's verbal promises. Commissioner Katz stated no one voted on the easements based on the mangroves. The votes were not based on land being contributed to the city. Colin Groff, Assistant City Manager, indicated the developer is speaking with the Army Corps of Engineers and has begun the process. This is a long, time-consuming process. The developer has been dealing with permitting for about a year and a half. Discussion regarding the mangroves ensued. Spoke about the upland mangrove portion behind the McDonalds, which were dry mangroves, the permitting and the promises made to the city by the developer. Ms. Oyer stated she has seen the plans and it has a building on the property. Public Comment was closed. 19 Page 150 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager's Report A. Financial Impact March through June from the COVID-19 pandemic emergency. Mara Frederiksen, Finance Director, indicated the current COVID-19 emergency expenses were $1,218,316M. Based on the emergency orders, most of these expenses may be reimbursed through FEMA. The City may not see the reimbursement until next year of$214,361.00 COVID supplies and $215,399.88 Payroll Expenses The estimated loss in revenues are approximately $1,218,316.80. BY FUND (March-June). General Fund ($738,343.52). Traffic Safety Fund ($12,351.17). Surtax Fund ($152,583.02). Recreation Fund ($216,030.12). Golf Course Fund ($99,008.97) BY DEPARTMENT (March-June). General Government ($44,554.33). Franchise Fees ($73,370.84). Golf Course ($99,008.97). Police ($12,351.17). Recreation ($316,579.72) State Revenue Sharing ($672,451.17). With regard to the State Revenue Sharing losses, the monthly distributions were reduced by 50% for May and June. The state intends to issue a true up calculation and the City will possibly see an uptick by the end of the fiscal year. Recreation losses are mostly due to beach parking fees, and programming. While the revenue losses in Recreation are significant, there are some off-setting savings such as personnel expenses for summer camp which will help offset some of the revenue loss. Golf Course losses were more significant in April and May but, since re-opening, there has been a significant increase in actual revenues over projected revenues. Ms. Frederiksen noted most of these expenses might be reimbursed through FEMA. Vice Mayor Penserga asked why not all. Ms. Frederiksen noted because of FEMA guidelines, they could possibly say the documentation is not correct. She stated she believed all would be reimbursed, but she could not say for 100%. Commissioner Romelus said the City is seeing increase in the number of COVID cases in 33435. What can the City do to mitigate? If the City needs to allocate more funding to open a testing center in the 33435 area, this should be a priority. Lori LaVerriere, City Manager, stated the city would use County resources such as mobile testing sites in Boynton Beach. Indicated handwashing and mask wearing could mitigate the cases. The city is working closely with the County and most of the Cares Act money went to county governments. The employees come to the city hall with mandatory face coverings. Indicated staff is trying to get the mobile unit in the city more often. The 20 Page 151 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 City must continue to educate the residents. Ms. LaVerriere stated with the Education Compliance Taskforce, the Police Chief informed her that municipalities have officers, along with the County staff and Sheriff's Office go and do compliance checks. This will be happening in Boynton Beach as well. B. A presentation of FY20-21 Strategic Plan initiatives by Trina Pulliam of Trainovations. (Heard earlier in the meeting.) C. A presentation of a Racial and Social Equity Framework by David Scott, Director of Economic Development and Strategy, City of Boynton Beach. (Heard earlier in the meeting.) 10. Old Business - None 11. New Business A. Approve reduction of a Performance Bond No SU40078 by the amount of $284,348.02 from $407,577.50 to $123,229.48 for the completion of the earthwork and the paving, grading, and drainage improvements in association with the Casa Del Mar project. Motion Vice Mayor Penserga moved to approve. Seconded by Commissioner Hay, the motion passed unanimously. B. Proposed Resolution No. R20-065 - Authorize the City Manager to procure from Motorola Solutions Company their PremierOne Cloud hosted Computer Aided Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well as ancillary products and services, as described in their proposal, for a cost of$2,094,366.50. Mayor Grant read the proposed Resolution No. R20-065 into the record by title only. Chief Michael Gregory indicated he did not have a presentation but an overview. Indicated there were deficiencies and challenges in creating process workflows. The inability to segregate information needed and to access the information was not accessible by other staff. The current system was not able to accomplish that. The integrity of the reports was a large hurdle to accomplish as well as having auditing capabilities. Upgrading the product would afford a system, which was able to perform everything needed in the police department. Chief Gregory stated this system is critical to the safety of first responders and the public by tracking and providing critical information when it is most needed. In addition, the reliability an efficiency of public safety dispatch management is dependent on a properly 21 Page 152 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 functioning CAD/RMS and mobile solution. The CAD, RMS and Mobile Reporting software play a critical role in the efficient operation of the public safety mission. The CAD system collects the details of 911 and non-emergency calls to help the general public and public safety personnel. It tracks first responders' activities with timestamps and serves as the official record keeping system for the management of all calls and critical incidents. The RMS and Mobile Reporting software collects and serves as the repository for all information included in official police reports. These reports are maintained in accordance with state and federal Criminal Justice Information Security policies as well as with Florida Record Retention guidelines, which in some cases can be indefinite. As a result, Motorola Solutions made their Tier 1 CAD, RMS and Mobile Reporting product available to the agency via a discounted rate and credit for payments previously made. The purchase of this upgrade will also integrate with the software purchased for the management of the Real Time Crime Center. Chief Gregory stated the funds submitted to Motorola thus far into the project, been credited to the city account. Indicated what is before the commission is the remaining balance. It projected over a five-year period, our annual costs for the subscription service is approximately $370,000 per year, but to extrapolate over the five-year period of the subscription, it rolls up into a $2 million value. Commissioner Romelus inquired how far back do Police records go. Chief Gregory replied he does not know, but the current system in use now is approximately 10 years old. He believed there may be actual paper records which have been archived. Fortunately, the City is in a good position that they have computer systems of data that are out there to make the information a little bit more accessible. The next challenge is, once the city gets to the new system, is how to decommission those older systems and where the records would be stored. Motion Vice Mayor Penserga moved to approve. Seconded by Commissioner Hay, the motion passed unanimously. 12. Legal A. Quantum Park Overly Dependent District audit report. Attorney Cherof noted in late 2017 the city was involved in litigation between the Quantum Park Overlay District (QPOD) and the Property Owners Association at that time was under control of the successor developer appointees. Mr. Rick McDonald was the successor developer and the people associated with his development company. The city and Commission authorized the Mayor to write to the Auditor General, to request an audit of the QPOD to evaluate whether or not there was waste or mismanagement of funds related to the contracts, the use of space and other professional expenses, including 22 Page 153 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 attorney fees, the board had its own attorney at that time. It still does but a different attorney. Attorney Cherof stated the audit was kicked back with direction to send it to the Joint Legislative Auditing Committee. Explained the Joint Legislative Auditing Committee works as the gatekeeper for the Auditor General Request and audits. Noted sometime in 2019 the litigation with the Quantum Park Overlay District parties came to an end on this specific audit issue was not abandoned it was ignored and has not been pursued by the legislative committee. Attorney Cherof stated he had the opportunity to speak with Kathy Dubose and Debra White, who work the legislative Auditing Committee to work through the process of unfreezing the audit. He stated the process itself has changed. Indicated back in 2017 when the original requested initiated, the city commission had the authority to request the audit, the QPOD board must request an audit. Stated since the City Commission is on the QPOD board this was not an issue. The joint legislative auditing Committee does not met until January 2021. If the committee were to get the request a green light and send the audit to the auditor general after a public hearing the auditor general would probably not conclude the audit being requested until the third or fourth quarter of 2022. Noted the cost would be somewhere in the neighborhood of $80,000 to $90,000 which would be the City of Boynton Beach's responsibility. Attorney Cherof stated he has discussed some options with the representatives of the Legislative Auditing Committee, working through different provisions of the statute. The, City or QPOD, could authorize an audit. This would mean going out for request qualifications, signing a contract and then having that audit defined and paid for by the City of QPOD. The cost would be less he believed. The litigation was long over, the wrongdoing, which was being explored in that litigation has been put aside by virtue of settlement with all interested parties who own property in that area. If the city were still interested in finding out to what degree there was waste, the misspending of public money and the outcome of that would be to evaluate rules and regulations, to make sure this would never happen, again, with respect to a special district, created by the city. Commissioner Katz inquired about the cost of obtaining an audit. Attorney Cherof replied his guess would be about $25,000. Ms. LaVerriere stated this would be her guess as well. Commissioner Katz inquired if it was determined that there were some wrongdoing; what would be the recourse, which could be taken. Attorney Cherof replied if it was determine that there were some wrongdoing to seek discovery and demand from those who were overpaid. There is a statute of limitation on certain types of claim. 23 Page 154 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Commissioner Katz indicated it has been four years. Stated given the fact any recourse on behalf of the taxpayers and QPOD would require years of litigation, with unknown cost he could not move forward; his position was a handful of individual's misappropriated funds. He wanted to determine what went wrong and who the responsible party was and hold them accountable. Commissioner Katz stated he witnessed, read and heard discussions from members who ran the QPOD and people who oppose them and the efforts the city made to take over that district and fix all of the negative activity. Indicated it was clear that a handful of individuals absolutely violated their charge, the public trust, and misappropriated or misspent, hundreds of thousands of dollars, potentially, millions, over time. He feels people are going to get away with stealing money from the people. Mayor Grant stated the QPOD should have that discussion at their meeting. B. Proposed Ordinance No. 20-027 — First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20- 003), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix, Note #34, updating the Home Occupation provisions, in part, to allow one non-resident to assist with operating the home-based business. Attorney James Cherof read proposed Ordinance No. 20-027 into the record by title only on first reading. Motion Vice Mayor Penserga moved to approve proposed Ordinance No. 20-027 on first reading. Commissioner Romelus seconded the motion. Mayor Grant opened to public comment. Susan Oyer indicated this is the first time she is seeing this ordinance. Requested an overview on what this item is about. Mayor Grant indicated he spoke with Paul Scofield, the Village of Wellington's City Manager regarding their home-based business ordinance. He compared the Village ordinance with the City ordinance. The City of Boynton Beach is very competitive with home-based business, except for the fact that the city does not allow a nonresident to help at the home-based business. Mayor Grant provided some examples. Public comment closed. Clerk Gibson called the roll. The vote was 5-0. Lori LaVerriere, City Manager, indicated the Commission meeting on July 21 is being held virtually. 24 Page 155 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 13. Future Agenda Items A. Provide update on potential sale of the Nichol's property to Pulte Homes - July 21, 2020 B. Presentation of updated Use of Force Policy by Police Chief Michael Gregory - July 21, 2020 C. Approval of the Master Plan Modification for the Boynton Beach Mall — TBD D. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance — TBD 14. Adjournment Motion There being no further business to discuss, Commissioner Hay moved to adjourn. The motion was seconded by Commissioner Romelus, which unanimously passed. The meeting adjourned at 8:49 p.m. John McNally, Information Technology Director, stated as a reminder, a recorded version of this session would be posted to the City of Boynton Beach's YouTube channel. Links to that channel are available on the City of Boynton Beach's website, at www.Boynton Beach.0r . This concludes tonight's meeting. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Justin Katz Commissioner— Woodrow L. Hay 25 Page 156 of 393 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 7, 2020 Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Queenester Nieves, CMC Deputy City Clerk 26 Page 157 of 393 va ° c 0 y m v o o o � � a 0 E E U Y Q E m m m U 0 Q M n to p O n N M N N 0 0 0 N O O O O O O al al c-I O O O O D m O O O O O O Z v m 6 N C a � M O O O co N L O 2 In z a Q in ro m m u_ > E L � O `O v w C> c .. o y E a EA EAN_ •£ w O > G N m � cL � O C > ~ a) Q a OO O t 3 H U m Y >, o ° ° o o v 'E O >eq m v o v m '� ry v — ern m 0/ Q v oo a, v cm � s 0 E Q v a o a, ° moo .° y >'� ° s � m0 a` c -mom m .� 3 � v O � .o ° ch m E > O a) t Y 5 y a) 0 C L O a1 am+ a/ 3 oo EL f> O p 0 v ° Y U a) a) E E m so m x E m Y rn O m a, = y v m v a) - E m : 2 ma > > v Op a/ O > 7 y tines 3 ° Y m o f z ern a, U a, N O a) a) _ U bn 0 y m cm y C Lt O O C a) a) -o +L.+ C C m U w bn — a) Y Y m ° a) a1 = m x — m N aL+ O C O y a/ a+ E Y m a+ Z a/ C O O O U N '�'' ? E a) O a) O ° '6 C a) a) a) 0 Q N � O 'O y y v a/ O O L m -m y '6 H a) m 2 3 pn L bn N T 0 aT y = > Q M y s > a a) ° y oo 3 m y O - m m > ~ m ° o y m .� 3 v 3 af0, 3 ° of E ° 2 t 3 T m v a) y m a _ yN C > y o L U a S m O C E m Y s o m v a� m ° ° > E 3 o w w Y t E O a/ a1'°—. v — E E °7 > a .� o v a y v ° m ai ° E Z m D Y m O m O m O O ° ° vEl 4 v v v a) Q *O' Z z Q z Q rl N 7.A. Consent Bids And Purchases Over $100,000 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Approve an increase to the estimated annual expenditure of Bid#019- 2821-19/IT"Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" in the amount of$180,000, increasing the estimated annual expenditure from$175,000 to $355,000 for the remainder of fiscal year 19/20. Explanation of Request: Initial Bid Term: May 8, 2019 through May 7, 2021 On April 1, 2019, Procurement Services opened and tabulated three (3) bids for Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems. The Engineering Division Manager reviewed all bids. It was determined to recommend this award by a primary and secondary basis. Madsen/Barr Corp. as the Primary and Johnson-Davis, Inc. as the Secondary. Emergency and Repairs have increased throughout the three aforementioned divisions as compared to the last fiscal year. This has resulted in higher than anticipated usage of the selected vendors. The bid allows for three (3) additional one (1) year renewals subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. How will this affect city programs or services? Both of the selected vendors have been reliable and consistently provide the Utilities Department with high quality, timely services during emergencies and needed repairs. Fiscal Impact: Budgeted Budgeted. Funds are budgeted and available. Accounts Multiple accounts from Utilities Water, Wastewater, and Storm Water Divisions Alternatives: None. The additional funds are needed to address Utilities' repairs and emergencies for the remaining of the 19/20 fiscal year. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Page 159 of 393 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Price Tabulation Sheet D Addendum Responsiveness Tab Sheet Page 160 of 393 0 0 0 0 0 0 0 0 0 0 000000 000000 0 0 0 0 0 0 0 0 0 0 999999 000000 O O O O lf') O lf') lf') lf') lf') 00 0 0 0 0 — 0 0 0 0 0 0 o. 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ER ER ER ER ER ER ER ER ER 69 6F7 69 69 69 69 69 69 69 00 00 00 00 000 OOO 000 OOO O O O O O O 00 000 OOO 999 OOO 00 00 00 00 O O O 000 OOO 000 O N O N N V N V (0000N (000N 000N NN 000N NN � � A A 4- 0 V)V) V)V) V)V) 6rT 6rT 6rT 6rT 6rT 6rT 6F7 6f 6i 6i 6i 6f 61 69 r 00 00 00 00 000 OOO 000 OOO I` O O O O O O 00 000 OOO 000 OOO r OO OO O LO 7 7 O O 7 O O 000 O O LO (O 00 (O 00 M LO t U') N V U') N V (O E LL fR fR fR fR fR fR fR fR fR fR fR fR fR fR 6 fR 6, fR fR fR a LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL W J J J J J J J J J J J J J J J J J J J J W za W o _ 0 0 co a o 00 0 CL 0 0 0 6 CL m aCL o C CL v v � v v a a > m 2) N 2) N 0 N � N N w W W W > W N _ 7 7 7 7 C C C C C C C C N N N N N N N N N N N N N N N N E E E E E E E E O O O O O O O O N N N N N N NCL CL CL CL CL CL CL CL N U U U U U U U U U UU U U U U U C C C C C C C C 4 4 f0 (O N N N N M M N w w w w w w Q w w _- fA fA fA 0 0 N fA N fA N fA N C N C N C N C N C N N C N N C N N C N N J - - 06 06 06 06 06 06 06 06 0- t LL t LL t LL t LL t LL t LL t LL LL t LL LL Q M N LL N LL N LL N LL A LL O .A LL O .4 LL O .N LL O N i Cfl 00 i b 00 i b 00 i b At 00 r i b 00 r i b 00 r i b 00 H W i i i i i i i i i i i i i 0 LL Ob LL Ob LL Ob LL O (000LL O(000 LLO(000LL 0000 H WW N M t Lq (O I� 00 9 O N M V lf')(O I� 00 a) O D D H H H H H H H H H H H H H H H H H H H H 00000 O O 00 00 00 00 00 0000 O O O O O O O O O 00 00 LO LO LO LO O r- lf') r- lf') N U') N U') LO 00 LO M O I- O N N 00 00 O M O M M O M O M V O M 00000 O O 00 00 00 00 00 0000 O O O O O O O O O 00 00 00000 O O 00 O O O O 00 00 O O O LO O O N O N M M N V N V M V (0 r- O a) 4- 0 613 613 613 613 3 3 3 3 3 3 3 3 3 3 3 3 3 N 00000 O O 00 00 00 00 00 I` 00000 O O O O O O O O 00 00 00000 0 0 00 00 00 00 00 00 LO LO O O LO 00 LO 00 00 N 00 N M (O 00 U7 E LL Eft 69 69 69 69 69 69 ER ER ER ER ER ER ER ER ER ER LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL W J J J J J J J J J J J J J J J J J W 0 _ a U Q m a � o a 0 0 0 0 Q rL rL o v o vm 0 0 0 0 0 v to f6 N O O O N O W t L N L E t N O) O) E O) y 2) 70 7 7 7 7 70 70 70 v v v v v o IL E E E E E a o `O E `O `O `O U in in o in in in U Q to Q Q Q c U Q U U U N u u U t t u — C C U C C N O O S 00 00 O O O Ncl Ctf Ow w w w w N Cl Q N N w N C N a) N � C N N N C N 0 C N 0 C O N I O N 0_ M LL N 10 L LL LL LL LL LL LL LL LL LL Q .. fA O n N N N N N E (0 00 — E (0 00 E Cfl 00 E Cfl 00 E (o 00 E Cfl 00 b 00 H W i i i 0 2 LL O b 00 LL O b LL O b LL O b LL O b LL O (O IbIb H _ W W N M V lf') (O I� OD O O N M V lf') D N N N N N N N N N M M M M M M M M D D H H H H H H H H H H H H H H H H H m m co co co co co co co co co co M M M M M M M 000 OOO 0000 OOOO O 000 OOOO 0000 999 OOO 9999 OOOO O 000 OOOO 0000 0 M !7 0 M !7 m o m m m o m m U7 !7 U7 U7 U7 U7 U7 U7 U7 O O O O N O N Ln N V O U7 N V O O O N O I- O N O V U') r- N V (O N V (O N V V (O N V V (O N U') O V N U') O LQ V (0 N I� ER ER ER ER ER ER ER ER ER ER ER 69 69 69 69 69 69 69 69 69 6.) 6.) 6.) 6.) 6.) 6.) ---- 000 OOO 0000 OOOO O 000 OOOO 0000 999 OOO 9999 OOOO O 000 OOOO 0000 000000 OOOO 0000 O 000 O O O O 0000 (O 00 O (O 00 O 00000 0O00O O 000 O O U7 O 0000 N N N M M U7 N (M (M Ln M V (D 00 M V r N V U') I- V 4- 0 ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER 000 OOO 0000 OOOO O 000 OOOO 0000 I` 999 OOO 9999 OOOO O 000 OOOO 0000 r 000 OOO 0000 OOOO O 000 OOOO 0000 In 0 0 L 7 00 O V O 00 O 0000 U7 O U7 O U7 O U7 O 0000 N M N V N V U7 N M U7 (0 U7 M U7 00 Lr M U') 00 Lr V U') O M E LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL W EJ J J J J J J J J J J J J J J J J J J J J J J J J J W o c2 _ a U � Q m a a 0 0 0 0 6 0 rL 6 vm a a a 0 EE E to LM N 2) N 2) - - 7 7 7 7 C C C C C C C N N N N N N N N N N N N N N E E E E E E E O O O O O O O N N N N N NIL IL IL IL IL IL IL N Q Q Q Q Q Q Q U U U U U U U U U U U U U U C C C C C C C (O f0 00 00 O O N O M M co co h N wwclw N w N w 0 w a) w cl N _- to 0 0 � a) tl) Q � N 0 tl) 02 C) N N W 02 C) N N W 02 N N 0 0 CL � N 0 06 0_ O C ' LL LL t LL LL t LL LL = ' LL LL = LL LL c LL LL t LL LL Q M N LL _ O .N LL _ O .N LL _ O N LL _ O N LL _ O N LL _ O N LL _ O LiiN i M 00 i M 00 — i M 00 i M 00 i M M 0 00 i M 00 — i 0 H W i i 0 7 i i i 0 i i i 0 i i i 0 i i i 0 0 LL bib 00 LL O (O 00 LL O b00 — LL O b00 LL O b00 — LL O (O 00 — LL 0 (000 H W (O I� OD I� 00 00 W O O N M V U-) (O a) O N M VLOO O N M 0 M M V V V V V V V V V V L? lf') U7 U7 U7 U7 U7 U7 U7 U7 0 (O N - D D H H H H H H H H R H H H R H H H H H H H R H H H R H m m U) U) U) U) U) U) U) U) U) U) M co co co co co co co co co co co co co co co 0000 O O 00 00 00 00 00 00 00 0000 0000 O O O O O O O O O O O O 99 99 00 00 LO O O O U') U') U') LO � lf') � lf') N LO N LO LO 00 LO M O O O O 0 't N r- 00 O 00 O 00 00 0 M 0 M M O M O L 0 W (0 r N V ER ER ER ER ER ER ER ER ER ER ER 69 69 69 69 69 69 69 69 69 6.) 6.) 6.) 6.) 0000 O O 00 00 00 00 00 00 00 0000 O O O O O O O O O O O O O O 99 99 99 0000 0000 O O 00 00 00 O O O O 00 00 0000 0000 O LO 0 0 00 O 00 O O N O N N N N V N V O O O O LO r- 00 O 4- 0 613 613 613 613 613 613 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 69 0000 O O 00 00 00 00 00 00 00 0000 I` 000 O O O O O O O O O O O O O O O 99 0000 r 0000 O O 00 O LO O LO O O O O 00 00 0000 O l0 0 (00 (0 0 (0 O r- O r- 0 00 00 O (0 O (0 0000 0LQ LQ 0 0 LQ LQ E LL ER ER ER ER ER ER 69 69 69 EfTER ER 611,611, 611,611, 611,611, 611,611, 69 69 69 69 LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL Q Q Q Q W J J J J J J J J J J J J J J J J J J J J W W W W W E o v m m a v � o ° o o w o = w a)r w rL o o v v s m c v s v a f6 rL aa) m v m v m v v v m ° v 00 w c o v o v t v o v a v E s E v rn v s E21 v rn rn � rn m m c lL a W 1 W = W W U .= N _ N ? 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L� Q M y LL O lf') N LL N LL N LL N LL N LL N LL N LL N LL LL N L.L LL LL O N i (0 00 i (0 00 i (0 00 i (0 00 i (0 00 i (0 00 i (0 00 i (0 00 i (0 00 i 2 V (0 00 H W i i i 0 i i i i i i i i i i i i i i i i 7 V i i i i 0 2 LL O (0 00 LL O (0 LL O (0 LL O (0 LL O (0 LL O (0 LL O (0 LL O (0 LL O (0 LL .� O V (0 00 H _ W W V lf7 (0 OD 0 O N M V lf') W OD 0 O N M V lf') W UJ UJ UJ UJ UJ UJ 00 00 00 00 00 00 00 00 0 D Do m CO CO CO M M M M M M M M M M M M M M M M M M M M CO O 00000 O O 000 OOOOO O 00000 O O O O O 00000 O O 0O O O LO O 000 LO O O O O 00 LO O00 00 N V r- V (O N V r- V (O V O — 00 � M V M M M V � M M M (O ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER O 00000 O O 000 OOOOO O 00000 O O O O O 00000 O 00000 O O 000 OOOOO O 00000 O O 000 OOOOO O O O O O O LQ O O O O LQ O O O O N U') 1- 00 V (0 00 O N (O (0 00 O M O 4- 0 ER 6p,6p,6p,6p,6p, 6p, 6p, 6p,6p,6p, 6p,6p,6p,ER ER LO O OOOOO O O OOO OOOOO I` O 00000 O O O O O 00000 r O 00000 O O 000 OOOOO O 00000 O O 000 OOOOO O LQ LQ LQ LQ O LQ LQ O O O LQ LQ O O O r- 00 N lf') N r- 00 N lf') N ^^� E LL o ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER w � a aaaaa a a aaa aaaaa W w w w w w w w w w w w www w � a w E o CL U a o 0 o CO Q v v v H t t 0 v v v v v v E E E o 000 s o .. m a m .. v o a v v o U a U O U O- O O O O U m U U m M f6 to �j M f6 U f6 O u a E a a E v v v 21 v v m m m m vw v >, vw c c w c O v> O v> > O > Q- O Q O Q- O CL U m U m U v v v O m O m O m O O O LL LL r LL � c c c m N a) M U N N N U 02 N N M U Q N N 'O C N N N N -0 C r N N N N -0 C r N N N N -0 J a IL LL 06 m o 0 0 06 m -0 -0 -0 06 m o 0 0LL Q M N N L.L LL LL O N N L.L LL LL O N N LL LL LL O N Lii N E V (O 00 E V (0 00 L 7 V b 00 - 0 �_ LL .� O V (O 00 O- LL .� O V (O 00 LL O V (0 00 w ~ 00 O O N M V lf') (O LI p) O N M D D 00 00 O O O O O O O OHH H H H H 0000 OOOO 000000 0000 O O O O 000000 LO O O O LO LO LO O lf') U7 U7 O O O LO O Lf') N (.4 N lf') 00 (O O) r- lf') V U7 I� � O) � N ER ER ER ER ER ER ER ER ER ER ER ER ER ER 0000 OOOO 000000 O O O O 0000 000000 0000 OOOO 000000 0000 OOOO 000000 Ln U7 U7 O O U7 O O U7 O O O O O U') 1- 00 M S O (O O (O O V N N 4- 0 ER ER ER ER ER ER ER ER ER ER ER ER ER ER 0000 OOOO 000000 I` 0000 OOOO 000000 r 0000 OOOO 000000 OOO LO OOO LO O OOOO LO U7 W U7 I- U7 U7 U7 I- U7 W 00 O O I- V LO I- LO (O 00 (O � O E LL w aaaa aaaa aaaaaa w w w w w w w w w w w w w w � a w E o _ a s m Q Q U U U a v v v 00 00 00 v v v a! a! a! v v v U U U C C C U U U U ° U °U O 2! t 2! t 2! -Z a a Q a s v v v m f6 m f6 m m CL CL CL p D O D O LL O L O L O CC C c rn v U c v U c v U C) m 0M o m0 N fA OL cl clCL a a cl Q C, N N j — J IL — C N N N O 06 N N N O 06 m _0 'O a0 � o_ 06 m -o -0 -0 a a� m -o -o -o a a O t N ..: ..: ..: - N N LL W _ Q M y E W W W N E LL LL LL N LL LL LL _ N N N Ob 0 i V (O 00 .0 i V (O O H W o � LL 3 b ;;tb i 3 o ;;tb LL 3 oviobo —I ~ V LO (0 I- 00 O) O (O I� W 7 W O O O O 0 0 w O 0 D D H H R H H H R H H H H H H H m m U) CO CO CO CO CO CO CO CO CO CO CO CO CO In O 0 O O 0 O 0 O 0 O O U7 0 0 O O O 0 O O O O O O O O 00 O O 0 O U7 I� U7 I� U7 I� q O) I� I� U7 O O N O O O O O O O O O O O O N O) 0I- O N O O 0 M O V N N N V V LO LO LO O LO O LO LO Cl) M LO LO N N M 00 N M N V N (O M (0 N 0) 00 00 00 00 I: N 0) 00 V U') N N N I- M V r- O 0) 613 613 613 613 613 613 613 613 613 613 613 63 63 63 63 63 63 63 63 63 613 613 613 613 613 613 613 613 613 613 613 613 O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 V O O O O O O O N V N O O O O O 00 O O O O O O (0 O V O O O N O O 00 O 00 O 00 O (O (3) I- (D 00 O O O O V LO N LO O V LO V N (O I- LO 4- 0 H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H) H)H) H) H) H) rl- O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 O O O I` O O O O O O O O O O O O U7 V7 O O O O O O O O O O O O O O O O O O r O 00 O 0 0 O 0 O 0 0 V N V N 0 O N 0 0 0 0 O 0 O O O 0 00 O O 0 N 00 In 00 0 r- V M lf') V N M M V V LO LO O M V N O O M N N O N lf) E LL d) H) d) d) d) d) d) d) d) d) H) H) H) H) H) H) d) d) H) H) d) H) 6, d) d) H) H) H)d) H) H) H) LL LL (L < W W W W U- U- LL LL LL (L CG ;'- ,may- ;'- > > Q Q u- E Z U) M W W J J J J ®I J M M M W M L M M M M M M U) {�� C.r) {tet M M M W W W O W 0 _ 0 O m W a o 4(5 D E w rn U ° m CILa a O o � Q U OQ L N x m W _ r m C i N w r N N p Q C N w ;;t O p w p w ° v ° v t ° E M U w U �° w w m m m ° W W o > LL _r_ nT -r- nT n> rn _ Wo w m o CO o cn mEai mE nn-a> o o n s a) O ai CL o o °n n n n CL Q Q w w m ° O c m . 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A \( \ z 0z &_§ ) - _ F ; -ww- _ �2 | \ 9 R ) - - q j L�jQ $ ) - z U)y U) \ �m � - ; _ } §) ®_ 2 § R _ _ -� - ± B J 222 0) ) ) /) \ 0 [ 0 \ )) 0) \ \ / ) ) 0 o 7.B. Consent Bids And Purchases Over $100,000 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Award task order F-32-2020 Public Works Lobby and Security Upgrades, 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$112,651. Explanation of Request: On 6/10/2020, Facilities Management issued a task order#F-32-2020 for "Public Works Lobby Renovations" with a Mandatory Site Inspection held on 6/16/2020 to review the project with the Minor Construction Services pool of vendors. The scope of work includes the creation of new secure lobby for the Public Works Compound including the warehouse. The new lobby will serve as a safe and secure way to interact with customers, vendors, and warehouse pick ups/deliveries. On 6/26/2020, Procurement Services received quotes from the Minor Construction Services pool of vendors. After reviewing the three (3) bid submittals, staff is recommended the project be awarded to Anzco, I nc as the lowest, responsive, responsible bidder. 1. Anzco, Inc $112,651 2. Republic Construction Corp $142,722 3. E&F Florida Enterprises $161,800 How will this affect city programs or services? Currently the Public Works Compound does not have a lobby and waiting area. This project will create a secure and comfortable waiting area for customers and vendors. Fiscal Impact: Budgeted Budgeted funding is in CI P account#'s 303-4116-580-62-03 Project#GG2004 in the amount of$86,788 and 303-4116-580-62-03 Project#GG2007 in the amount of$25,863. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Page 200 of 393 Is this a grant? No Grant Amount: Contracts Vendor Name: Anzco, Inc Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description D Contract Anzco Inc - Contract D Quotes Anzco- Quote D Quotes Republic Construction - Quote D Quotes E Florida Enterprises- Quote Page 201 of 393 SIS- toy 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 'die City",and ANZ=INC.,herainatter referred to as"CONTRACTOR',In consideration of the mutual benefits,terms,and oortdRions hereinafter swilled. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor cotristructim services in oonnection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR WNOR CONSTRUCTION SERVICES;RFO No., 0113 48 IAR1IT. 2. SCOPE OF SERVICESIPROCESS. This Agreemerd applies to the performance of minor construction projects,which are those costing less than$186.000.These mkuw construction projects shall be initrated by the City upon Issuance of a solicitation,or task order and shall be advertised to all preAuaGfied Contractors.No project under this contract shell require bid, payment,or performance bonds unless specifically noticed In to solicitation,or task order. Projects will commence only upon Issuance of a valid Purchase Order by the Finance Department and written Moo to Proceed from the Public Works Department Emergency work may be assigned at the City'e discretion per the scope of the RFQ,and shall be based upon the CONTRACTOR'S expertise,or competitive proposal submittal. The CONTRACTOR shall be required to respond to each went when requested, whether by otter or response of"no bid! If the CONTRACTOR fails to respond to more than three(3)consecutive requests, the firm Steil be removed (rum the program, and all subsequent bidding opportunities under this contract 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to prooeed.CONTRACTOR shell perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM:This Agreement shall commence upon Commission approval and shall be valid for an Initial term of one(1)year.The City of Boynton Beach may renew the contract with the same term and conditions for three (3) additional, one-year renewal kerma subject to vendor acceptance, satisfactory performance and determination that renewal will be In the best interest of the City.At Citv's reauesti.the Firm skrall rorudnu$sarvie�haygN UN r or 5 PAYMENT: The City will pay the CONTRACTOR for performa=9 of the work performed under each solicitation,or task order that is compietad in accordance with the solicitations,or task orders at the lump sum or unit prices presented by ft 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 exoeed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date, Such Irnroiaas will be reviewed by the City, and upon approval thereof, payment wip be made to the CONTRACTOR in the amount approved. Page 202 of 393 c. Final payment of any balance due the CONTRACTOR of the total contract price eared will be made promptly upon its ascertainment and verification by the City after the compkftn of the work under this Agreement and its acceptance by the City. d. Payment as provided In this section by the City shall be Fug compensation for work performed,services rendered and for all materials,supplies,equipment end Incidentals necessary to comptee the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement arc to be kept avaNaable for inspeddon by representatives of the City and State for a period of three(S) years atter the termination of the Agreement. Copies shall be made available upon request. $_ OWNERSHIP AND USE OF DOCUMENTS_ All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are nada is executed or not.The Firm"I be permitted to retain copies,inchading reproducibre copies, of drawings and specifications for irimmaton,reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall,in performing On services contemplated by this Agreement, IbWftlly observe and wmply with all federal, seta and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement, 8. INDEMNIFICATION. CONTRACTOR shall Inderrinify,defend and told harmless the City,its offices,agents and employees,from and agahm any and all claims,lasses or Witty,or any portion thereof, including lees and costs,arising from Injury or death to persons,including Injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent ad,remission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in fcroe throughout the duration of Via contract comprehensive germal liability insurance with a rrinin um coverage of $1,000,000 per oecurerCe and$1,000,040 aggregate for personal Injury,and$1,000.000 per ocavrenoelaggregate for property dadnege, and CONTRACTOR ilablitty lnsurance in the amount of$1,000.000 per o=rrence to$2.000,040 aggregate with defense costs in addiction to limits; workers'compensation insurance,and vsHoular liability insurance. Said general liability policy shall name the City of Boynton Beach as an'additiorTal named Insured'and shall Include a provision prohibiting canceletiwi of said*icy except upon thirty (34)days prior written notice to the City.Certificates of coverage as required by chis section shag be delivered to the City within fifteen('iii)days of execution of this agreement. Prdesslonal Liability(Errors&Omissions)Insurance-Professional Liability Insurance with Ow limits of liability provided by such policy for each claim and on a claim made basis or on an oc ourrence basis to be no less than one million Dollars($1,000,404)per occurrence with a limit of no less than two million dollars($2,000,000)aggregate with a deductible per claln not to waxied tan percent(10%)of the limit of liability.Consultant shag notify the City In writing within thirty(34)days of any claim filed or made against its Professiaml Ltabli ty Insurance Policy. Consultant sd rK wledges that the City is relying on the competence of the Consultant to design the project to meat its functional Intent,If it is determined during construction of the project that changes rust be made due to Consultant's negligent errors and omissions, Consultant shag prwnpty rectifythem at no cost to City and shag be responsible for additional costs. If any, of the project to the proportional extent caused by such nagkwnt errors or Page 203 of 393 omissions 10.INDEPENDENT CONTRACTOR. The CONTRACTOR and the CRY agnea thea the CONTRACTOR is an independent contractor with rasped 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 not any employee of CONTRACTOR shall be entitled to any berxfds accorded City erngloyees by virtue of the services provided under this agreement.The City shall not be respunsible for witlrholdaV or otherwise deducft federal Income tax or sods]security or for oartribu ft to the sate Industrial Insurance program,otherwise assuming fine duties of an employer with respect to CONTRACTOR,or any employee of CONTRACTOR. 11,COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or parson,other than a bona Ale employee working sokdy for the CONTRACTOR,to solicit or secure this contract 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, ary fee. commission, percentage, brokerage fes, gins, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this contract without liability or, In Its discretion to deduct from the conbact price or coris3deration, or otherwise recover,the full amount of such fee,commission,percentage,brokerage fee,gift, or contingent fee. 12. DISCRIMINATION PROHIBITED, The CONTRACTOR,with regard to the work performed by it under this agreement,will not disc imkiete on the grounds of race, color,national origin, religion,creed,age,sex or the presence of any physical or sensory handicap In the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14.NON-WAIVER Waiver by the City of any prm tsion of this Agreememt or any time limitation provided for in this Agreement shall not constikft a waiver of any other pnwtslon. 15.TSWINATION. a.The City reserves the right to terminate this Agreemert at any Ikro by giving ten (10)days written rm ice to the CONTRACTOR. b.In 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 agree to complete the worts under the terns of this Agreement If requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City,If the City so chooses. 16_ DISPUTES. Any disputes that arise between the parties with reaped to the performance of this Agreement,which cannot be resolved through negotiations,shall be submitted to a court of competent Jurrsdretlon In Palm Beach County,Florida. This Agreement shall be construed under Florida Law. Page 204 of 393 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lort LaVeniere,City Manager City of Boynton Beech P.D.Box 310 Boynton Beach,PL 33425-0310 Notices to CONTRACTOR shall be sant to the following address: I /AN-�ZCO,INC. 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addends, represents the entire and Integrated.agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations. or agreements written or eml. This agreement may be amended only by written instrument signed by both CKy and CONTRACTOR. 19, PUBLIC RECORDS. Seaisd documents received by the City In response to an Invitation are exempt from public records disclosure until thirty(30)days Ow the opening of the Bid unless the City aumounces intent to award sooner,in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119. Florida Statutes..The Contractor shah comply with Florida's FWic Records Low. Speoinoeily,the Contractor shall: A. Keep and malrtain public records required by the CITY to perform the senrloe; B. Upon request from the CITY's custodian of public n mxvds,provide the CITY with a copy of the requested records or allow the records to be Inspected or copied within a reasonable time at a cost that does oat exceed the cast provided in chapter 119,Fla. Stat.or as oftrwise provided by law: C. Ensure that public rids that are exempt or that are confidential and exempt from public record dhic losure requirements we not disc used exeept as euthorked by law for the duration of the contract term and,following completion of the contract,Contractor shall destroy all copies of such confidential and exempt records remainln9 in Its possession once the Contractor transfers the records In its possession to the CITY;and D. upon completion of the contract,Contractor shall transfer to the CITY,at no cost to the CITY,all public records in Cardrractoes possession All records stored electronically by Contactor 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. Page 205 of 393 E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 979,FLORIDA STATUES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING'TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: .JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH,FLORIDA, 33435 569-742-6469 PYLEJ@BBFL.US THE REMAINDER OF THE PAGE 15 INTENTIONALLY LEFT BLANK. Page 206 of 393 . .k, DATED this dayof CITY OF BOYNTON BEACH Lori LWorrhm, ty Manager 'U CTQR AfbeallAudtess .aled: _........Jo4J..... P4.,C— Title 0 (Corporate See!) Judy c 9,�a Approved as to Form, ,.. AttesVAuthenticated: _�.�.. ..,_,�. . Jam A.CheraR, ity A y i} uetery �saae�im.9mssti� 6 Page 207 of 393 Coversheet Pagel of 2 O.G. CONSENTAGE=NDA 8!712018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8f712018 REQUESTED ACTION BY CONI KWION: PROPOSED RESOLUTION NO.Rib-104- Approve the rankings as recommended by the Selection Committee and authorize the City Manager to sign centrads with the four(4)top ranked proposers:Hatcher Construction&Developmerit,Inc.,E&F Florida Enterprises,Inc.dfbla Creative Contracting Group;Republic Constriction Group;and ANZCO,irc.;In order to establish a pre-qualified list of vendofs in accordance with Request for Qualifications(RFQ)No.018-2511-1811T"Pre-Qualiflcatlon of Contractors for Minor Construction Servicas' and authorize the City Manager to award individual projects not exceeding$75,000. EXPLANATION OF REQUEST: On May 18, 2018, Purchasing Services issued a Request for Qualification(RFQ)with the intent of establishing a pra-qualified list of vendors to perform minor construction services projects within the City. These minor construction projects may include building repairs, upgrades, and improvements including, but not limited to, patching and plumbing, carpentry, masonry, ell and other miscellaneous repairs as may be necessary at various City sites,as well as small park andlor playground type projects. On June 18, 2D18, the City opened a total of eight (8) submittals to Ws RFQ. After independently reviewing and scoring each proposal in accordance with the evaluation criteria contained in the RFO,in a publicly noticed meeting held on July 10,2018,the committee disclosed Its$coras. The Final Ranking Is as,follows: �.. FIRM NAME RANKING Hatcher Construction&Develo rni Inc 1 i ti Florida Enterprises, Inc.dba Creative 2 Contracting Groins^ Re Rubl�c anstructlon Gromp 3 ANZCO,Inc. 4 RPM General Contractors Inc. 5 Homnch Co-,)oration 6 The Canter's Soni Inc. 7 A submittal from AEI-SkehCoratrudon, Inc was deemed non-responslve to the RFQ and was not forwarded to the Committee for evaluation and consideration. it is the intens of the City to sollcil the collective pre-qualified contractors for competitive offers for minor construction services.Work may be assigned without competition in emergency situations,or in special circumstances when a contractor has previous specific knowledge or is already mobilized to a project with a pending tle4n.IndMdual projects that exceed$75,000 will be brought track to City Commission for consideration of award. The initial term of the contracts will be one(1)year with the option to renew the contracts for four(4)additional one-year terms,contingent upon satisfactory vendor performanoe mutual agreement and determination that the renewals are in the City's best interest. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By pre-qualifying contractors to perform the speoified work,the City may be assured that experienced general contractors will complete the worts as bid. FISCAL IMPACT: There is no fiscal impact es 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 to City Commission for consideration of award. ALTERNATIVES: Not accept the committees'rankings; Re-rank and approve oommission ranking; Request oral presentations to commission then rank;or Not award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount- https://boyntonbeach.novusagenda.come/Agenda.Public/CoverShect.aspx?ltemID=43 87&Me... 2/7/2019 Page 208 of 393 Coversheet Page 2 of 2 ATTACHMENTS: Type Description Resdutlon approving ranking and Agreements with top 4 ranking a Resolution for minor oonstrucdon services p 69mrn Agreement-Hatcher p Apreememt Agreement-E&F a Aoreemenl Agreement-Republic p Aamment Agreement-Armco p Auuhmw Notice of Intent to Award-Mlnor Construction p p b Tebulatlon of Responses-Minor Constnx%w p Attachment Summary of Reviewers Scores-Mirror Consbuction p Attach=t RFQ Submittal-Hatcher a Attachment RFQ Submittal-Creative Contracting Group 17 Attadiment RFQ Submittal-Anzoo fl Attachmerz RFQ Submitlal-Republic Cormitrudon Services haps.//boyntonbeach.novamgenda.coin/AgendaPobIic/CoverSheet.aspx?ItemID=F387&Me... 2/7/2019 Page 209 of 393 1 RESOLUTION NO.RIS-104 2 3 A RESOLUTION OR THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING THE RANKING AND AUTHORIZING 5 THE CITY MANAGER TO SIGN AGREEMENTS WITH THE B, FOUR(4)TOP RANKED PROPOSERS TO ESTABLISH A LIST 7[ OF PRE-QUALIFIED OF VENDORS FOR MINOR 8 CONSTRUCTIONS SERVICES AND AUTHORIZE THE CITY 01 MANAGER TO AWARD INDIVIDUAL PROJECTS NOT 10 EXCEEDING $75,000; AND PROVIDING_ AN EffEC1TVE 11 DATE. 12 13 WHEREAS,on June 18,2018 City staff opened and tabulated eight(S)submittals 14 in response to RFQ No. 418-2511-1811T "Pre-Qualification of Contractors for Minor 15 Construction Services';and 18 WHEREAS,the RFQ was issued with the intent of establishing a pre-qualified 17 list of vendors to perform minor'consh action 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 t 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 sign Agreements with the four(4) 22 top ranked proposers for RFQ No.01 8-2511-18/IT for"Pre-Qualification of Contractors s 23 for Minor Constructions Services." 24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 28 Section L The foregoing"Whereas°clauses are hereby ratified and confirmed 27 ! as being true and correct and are hereby nude a specific part of this Resolution inion 28 adoption. 29 E Section The City Commission of the City of Boynton Beach, Florida, 30 hereby approves the ranking and authorizes the City Manager to sign Agreements with the C:llhasLStanzione's�arpnuuncot4M�erosoa�uimao�.�lroiw�ary h� FiIoslConlm�.�SL52F1'rEOislApptoveJtwkln�m�d Agieemptl wiq,_L rair,�cm,.v,�rim_srn�s�xcya.anex Page 210 of 393 31 four(4) top ranked proposers for RFQ No. 018-2511-1SAT for-Pre-Qualification of 32 Contractors for Minor Constructions Services," copies of each Agreement is attached 33 hereto and incorporated herein. 34 Sggon_3, That this Resolution shall become effective immediately. 35_% PASSED AND ADOPTED this 1 day of_&A4 4&VT201 S. i 36 CITY OF BOYNTON BEACH,FLORIDA 37 YES NO 38 30 Mayor-Steven B.Grant 40 41 ! Vice Mayor-Christina L.Romelus J#01 42 3 43 Commissioner-Mack McCray ✓ 44 45 Commissioner-Justin Katz ✓ 46 47 Commissioner-Joe Casello 48 49 VOTE 5o ATTEST; 51 52 ' 53 L7. v 54 Jude A.Pyle,CMC 55 Cit '` 'lerk se'; 51 58 (Corporate Seal) C:WualS�em�ndMPAUaaLL.�lWlimasaRllYm�loara;Tanyatxy lrttenwi g5[uvcm�ie.����f..��ffi°°�'i�+-a M�tO=caartn�ctium saviss_Reso.dacx Page 211 of 393 REQUEST FOR, QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS i TI I MINOR CONSTRUCTION SERVICES, -2511-181sT R Q DUE DATE: JUNE 18, 2018 RFQ CLOSING TIME: 2:30 P. M. (LOCAL TIME) CITY HALL, FINANCE/PROCUREMENT SERVICES Page 212 of 393 The City o,f Boynton Beach j "gin 'f,k4t�t ,` r . REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-181IT Sealed'RFQ's will be received in Procurement Services, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: JUNE 18 2018 No r Than 2.30 P.M I Time). RFQ's will be opened in: 100 E. Boynton Beach Boulevard CITY HALL—2N° FLOOR ATTENTION ALL INTERESTED_RESPONDENTS Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. If you prefer that a copy be mailed via U.S.P.S., please contact the City's Procurement Division at(561)742-6322. Respondent(s)who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s)issued as a result of the solicitation. On 1 ori nal so designated agld four 4 copies 1112ag with one f 1 elec ronic COPY on a USS thumb drive for p=I of six(61 slIbMigXionsof the response shall be submitted in one sealed package clearly marked on the outside. "RFQ NO. 018-2611-181IT — PRE- QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" and addressed to: City of Boynton Beach, Finance/Procurement Services,100 E. Boynton Beach Boulevard,or P.O. Box 310, Boynton Beach, FL 33425-0310. RFQ's received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that an RFQ can be considerer!. If no award has been made, the City reserves the right to consider RFQ's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFQ. America's Gateway to the Gutf Stream aaaam".2"&W018211 2 Page 213 of 393 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. LQBBYING 1 CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration,of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence.A cone of silence shall be in effect as of the deadline to submit the proposal, bid,or other response and shall remain in effect until City Commission awards or approves a contract,rejects all bids or responses, or otherwise takes action that ends the solicitation process.While the cone of silence Is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff,the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation,with the exception of the Purchasing Manager or designee. (Section 2355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee,any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to ilyse Trlestman, Purchasing Manager;Telephone: (561)742-6322, E-mail: triestmani4,F'.i bbfI.us City of Boynton Beach {0022924423(&WIs21) 3 RFQ No,018-2511-18/17 Page 214 of 393 INTENT_L_5.CpPE OF SERVICES The goal of this Request for Qualification(RFQ)is to establish a pool of pre-qualified contractors that can quickly compete for mirror construction projects as they arise. For the purposes of this RFQ, minor construction projects are defined as those under $185,000.00 (one hundred and eighty-five thousand dollars) in cost. Entry Into this Pre-Qualification pool is an acknowledgement that the pool member satisfies the pre-qualification criteria. It is the intent of the City to select a minimum of four(4)firms for entry Into this pre-qualified Contractor pool.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. RFQ documents are available online through DemandStar by Onvia at: www.demandstar.com Upon request,documents will be e-mailed. Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Ilyse Triestman, Purchasing Manager Telephone: (561) 742-6322, Email: trJestmaplPbbfI.us Office Hours: MONDAY—FRIDAY, 8:00 A.M. to 5:00 P.M. CITY OF BOYNTON BEACH • o- - Tim W. Howard Assistant City Manager-Administration Director of Financial Services City of Boynton Beach (00=44.23WW01821) 4 RFQ No.018-2511-18/rr Page 215 of 393 TABLE OF CONTENTS REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 018.2511.1 WIT Section 1—Submittal Information ........................................................................................6 Section if—Purpose, Background and Scope of Services ...........................................7- 10 Section ill —Proposal Submittal Instructions and Requirements................................11 - 12 Section IV—Proposal Evaluation Method and Criteria................................................13-14 GeneralConditions ............................................................... .............................. 15-21 Proposer Acknowledgement.............................................................................................22 Addenda .........................................................................23 Statement of Qualifications ........................................................................................24-25 ReferenceForm ......................................................................................................... , ...26 Anti-Kickback Affidavit . .....................................................................................................27 NonCollusion Affidavit ......................................................................................................28 Confirmation 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 Statement of No Submittal .................................................................................................34 "DRAFT" Continuing Services Agreement...................................................................35-40 f"_M44.2 3VsMl szu Page 5 of 40 Page 216 of 393 REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-1811T jCdion —SUBMIIML INFORMATION A. The City of Boynton Beach will receive RFQ responses until JUNE 18, 2018, no log[_# :30 P.M.o„ lmOCAL TIMES in Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, for pre-qualification of contractors for minor construction services. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the qualifier to have their RFQ response dellvered to Finance/Procur.ement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that allows for tracking and delivery confirmation. RFQ responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFQ and prior to the award being made. C. If any addenda are issued to this RFQ,the City will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibility of each groposer, yrior to submittina the RFQ response to contact Finance/Procurement Services at(561)742-6322 to determine if any addenda were issued and to make any addendum acknowledgements and comply with the requirements of each addendum as part of their RFQ response. D. Ona ,g1 ori inal so designated and four4=,_coles alonq with one, 1 1, elc'tronic cola on a USB thumb drive, for a total of ix ,6 submissions of the RFQ response,shall be submitted in one sealed package clearly marked on the outside NRFQ No. 01 Q.-261 1-1 WIT— E UALIFICATION OF CONTRACTORS FOR MIN R CONSTRUgIlON EERVICES-, and addressed to: City of Boynton Beach, Finance/Procurement Services, P.O. Box 310, Boynton Beach, FL 33425-0310. E. Responses shall clearly indicate the legal name addregs and teleghongnumbe of the proposer(firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted RFQ. Proposers must note their Federal I_D. number on their RFQ submittal and include a copy of their W-9. F. All expenses for making RFQ responses to the City are to be bome by the proposer. G. A sample draft contract that the City intends to execute with the successful firm Is contained in this RFQ for review. The City reserves the right to modify the contract language prior to execution. The scope of services will closely track the scope of work detailed in Section I I of this RFQ. (0en9M2 w6-W01 1) Page 6 of 40 Page 217 of 393 `on 11-PROJECT DELIVERY METHOD AND SCOPE OF WORK 1. PROJECT DELIVERY METHOD The goal of this Request for Qualifications (RFQ) 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 hundred and eighty five thousand dollars) in cost. It Is the Intent of the City to pre-qualify a minimum of four(4) contractors for entry Into this pool. Each such contractor will be required to enter 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 fumish 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 follows: As projects are identified and funded by the Department, a narrative scope of work will be drafted for each such project. Typically, the narrative scope of work will not include complete drawings, and as such, contractor should be prepared to complete the 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 visit/walk-thru with Department representatives in order to better understand and clarify the work. Each such contractor will then be required to 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 contactors 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 Lased 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. 2. CONTRACTOR'S 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 by the properawarding authority,a Purchase Order 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, will 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 "all 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. J002=442 3069001821) Page 7ofAD Page 218 of 393 3. SCOPE OF WORK A. The selected contractors will be required to perform minor construction services projects at City facilities. These minor construction projects may include building repairs, upgrades, and improvements including, but not limited to, patching and plumbing, carpentry, masonry, elecMcai and other miscellaneous repairs as may be necessary at various City sites,as well as small park and/or playground type projects. Such work shall be performed on an as directed/as needed basls and must be completed by the substantial completion dates specified in each competitively bid solicitation, or task order. Projects at this time are not defined, but will be miscellaneous in scope and of varied sizes and complexities as required by the City.The City reserves the right to require Payment and Performance Bonds (P&P) on any public work project, provided the Contractor is notified of the intent during the solicitation process,or the City is willing to absorb the actual cost of the P&P bonds after award. When required, the P&P must be timely filed by the Contractor before any Notice to Proceed will be issued by the City. The Contractor will also be responsible for the quality of all work performed by any and all employees and sub-contractors. The Contractor's responsibilities may include advising city staff, securing the property, providing temporary utilities on site, managing personnel on site, providing site surveying and engineering, disposing or recycling of construction waste, monitoring schedules and, and maintaining accurate records Projects may include but will not be limited to the following: • Construction renovations to interior and exterior space • Lighting • Electrical • Landscaping • Sealing • Gypsum partitions • Door repairlreplacement • Window repair/replacement • Casework • Site work: • Equipment replacement • Flooring repair/replacement • Plumbing repair • Structural repair • ADA repairs including ramps Awnings • Ceiling Work • Stucco repair • Concrete repair/replacement • Any project the city deems necessary • Procuring all materials, equipment, labor, and vendor services Providing General Conditions • Submitting samples,shop drawings,and reports • Providing warranties,testing, and report documents (oozaa�sos�oo�azi� Page S of 40 Page 219 of 393 • Participating In pre-construction meetings, periodic project coordination meetings,and post construction inspections with the City`s 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 Minor 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 to the 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 Department's representatives in order to better understand and clarity the work. 2 The City contemplates that the scopes of worts 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 for the proposed work. Absent specific instructions to the contrary, proposed, pricing should be "all inclusive" and should include sufficient funding to cover all of the Contractor's costs necessary to complete the Project, including, but not limited to, profrt, 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 described in 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:(i)a description of the scope of work included in such solicitation, or task order; (I[) 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; (Ili) the Substantial Completion Date for the solicitation, or task order's scope of work and/or such other schedule requirements for solicitation, or task order, (iv) liquidated damages; and (v) {oozrnaa�3oc 9ooian� Page 9 of 40 Page 220 of 393 any other specific requirements of the scope of work. The solicitation, or task order shall also set forth a general description and requirements of the given project(such description and requirements, the"Project'). 8. Potential Subcontractors and Suppliers The pool members shall be the primary service providers. Pool member(s) may be permitted to subcontract portions of the work to competent sub-contractors. The percentage of the Work that the Contractor may subcontract will be identified per solicitation. The sub-contractors are the responsibility of the pool member(s)and not the City.All sub-contractors performing work for the City shall be duly licensed prior to commencement of any work during the contract period. Successful bidders) shall be fully responsible to the City for acts and omissions of the sub-contractors and persons employed by them,as they are for acts and omissions of persons directly employed by the, as they are for acts and omissions of persons directly employed by them. Any work or service to be performed by a sub-contractor must have the prior approval of the City Project representative.The City reserves the right to approve,disapprove or dismiss any sub-contractors. Rejection of any sub-contractor shall not entitle the successful bidder adjustment of bid prices. The Contractor(s)shall inform the City's Project representative prior to scheduling any sub-contractor's visitto any City facility. Failure bythe successful Contractors)to have a sub-contractor approved by the City will not relieve the Contractor of the responsibility to meet, comply with, and fulfill all of the terms and conditions of this solicitation and subsequent solicitations. Nothing contained'in this solicitation and subsequent solicitation shall be construed to create any contractual relationships between any sub-contractor and the City. C, Permits Before any work is performed,the Contractor shall obtain all the permits necessary as applicable from the appropriate state or county agencies.When the work is completed the Contractor shall obtain final release or clearance as applicable from the appropriate agencies. 4. TERM OF SERVICES Contracts will be in effect for a an initial term of one(1)year with the option to renew the Contracts for four (4) additional one-year tem}s, contingent upon satisfactory vendor performance, mutual agreement and determination that the renewals are in the City's best Interest. (MM44.2306-MIU,; Page 10 of 40 Page 221 of 393 Section_(1!_-PROPOSAL SUBMITTAL INSTRUCTIONS AND REQUIREMENTS I. In order 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 Beach. ll. 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 below shall be tabbed and labeled. b. Each,page shall be numbered on the bottom right hand corner. c. Submit one(1)original proposal and four(4) copies. d. The proposal shalt be organized as follows: Proposal Tab Section °_Title 1• Company Information, Qualifications and 1 .._...___ ... Minim m Qualifi --- - . ..... ..... ,. cations 3. References 4. Submittal Forms TAB 1 —COMPANY INFORMATION, QU LIFICA ONS AND IENC — 1. Briefly introduce your firm, providing a summary of administration, organization and staffing ofyour 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 to organization management 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 govemmental 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. DOOM PR4.2 3W-9=821 f Page 11 of 40 Page 222 of 393 TAB — MINIMUM CUAuFICATIONS -7 Each respondent shall submit information and documentation requested that confirms it meets the following qualification requirement(s): I. Must be registered with the State of Florida, Division of corporations to do business in Florida. Purchasing will verify this information online. No documentation required. 2. Must be currently licensed as a State of Florida Licensed General Contractor for at least five (5)years. Provide a copy of Proposer's license issued by the Florida Department of Business and Professional Regulations(DBPR). TAB 3— REF 'RE"gEp„- Provide at least three (3) client references within the past five (5) years for similar work as contemplated under this RFQ. At least one reference should be similar in size and type to the City. Include the name of the agency or Firm, contact name, telephone, fax and email address. The City is interested in learning of other firms' or government agencies' experiences with your firm;as such, please do not list the City of Boynton as a reference. TAB 4—SUBMIIM6 FORMS— Respondents must complete and submit the required forms in order for submittal to be considered a valid response. ■ Proposer's Acknowledgement ■ Acknowledgment of Addendum(s) ■ Statement of Proposer's Qualifications ■ References ■ Anti-Kickback Affidavit ■ Non Collusion Affidavit of Prime Proposer ■ Confirmation of Minority Owned Business ■ Confirmation of a Drug Free Workplace ■ Acknowledgement of PBC Inspector General ■ City of Boynton Beach Local Business Status • Schedule of Sub-Consultants ■ Statement of No Proposal (if applicable) (=9_1M.230&%01821) Pagc 12 of 40 Page 223 of 393 Seglign IV—PROPOSAL EVALUATION METHQD AND CRITERIA: The City will designate a Selection Committee to review and evaluate the Proposals submitted in response to this RFQ. The Purchasing Manager shall determine whether each Respondent is responsive and responsible. For the purposes of this RFQ, a responsive Respondent means a Firm that has submitted a proposal that conforms in all material respects to the requirements in the RFQ. Accordingly, the Purchasing Manager will determine whether each Proposer correctly submitted all of the necessary forms and documents. For the purposes of this RFQ, a responsible Respondent means a Respondent meets the minimum qualification requirement(s) in this RFQ, Tab Section 3. Among other things, a proposal may be found to be non-responsive if the Respondent failed to provide the information requested in the RFQ; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading,or exaggerated. The Selection Committee will evaluate each proposal utilizing the following criteria; ! Criterion Max Score Company Information, Minimum Qualifications, s0 Experience and References • Cover letter, Executive Summary,Contact Info • Company Description • Minimum Qualifications • Financial Capacity • References Experience and Past Performance of Project Team = 30 • Project Team Organizational Chart • Key Individuals References 15 Local Business Certification Form S I Total 900 Each Selection Committee member will evaluate, rank and score the proposals for each of the evaluation criteria. The Selection Committee may create a short list of Respondents from the proposals received and elect to conduct interviews/presentations with the short-listed firms. If the Selection Committee elects to short-list, only those proposals from Respondents that are short- listed hortlisted will be considered for award of the Agreement. The Selection Committee may rank proposals without conducting interviews with Proposers. Therefore, each Respondent must ensure that its proposal contains all of the information requested In this RFQ. The Selection Committee, may, at its discretion, request interviews with one of more of the Proposers. If interviews are conducted,the evaluation will be on the knowledge demonstrated by the Proposer and its team member and comprehensive explanations and/or augmentation of information. Consideration will also be given for presentation style. Clarification information as well as information obtained during the interview process will be considered in the final j0n=44.2 3o6.90 UTJ Page 13 of 40 Page 224 of 393 evaluations and ranking of Proposals.All costs incurred by Proposer to participate in the interview, including travel,will be the sole responsibility of the Proposer. Upon completion of the discussions, interviews or presentations, if conducted,the Committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration based upon the evaluation criteria listed above. At any time during the Selection process, the City may conduct Investigations it deems necessary to evaluate the Proposals. Each Proposer shall promptly provide the City with any additional information reasonably requested by the City. The City shall have the right to make additional inquiries visit the facilities of one or more of the Proposers, or take any other action the City deems necessary to fairly evaluate a Proposal. At any time during the Selection process,the City may reject a proposal if the City concludes the Proposer is not qualified (e.g. Proposer does not satisfy the minimum requirements criteria set forth in this RFQ). THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. ;aur qac s�aisi3� Page 14 of 40 Page 225 of 393 REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-1811T GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS,- The qualifier is assumed to be familiarwith all Federal,State 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 them 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 date 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 herein. 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 authorized to contractually bind the Proposer. 4. NO 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 than the stated bid receiving date and hour. 5. BID DEADLINE; It is the proposer's responsibility to assure that the proposal is delivered at the proper lime 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. RIGHT TO REJECT RFQ: Right is reserved to reject any or all RFQ's and to waive technlcal 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 Nmost advantageous RFQ", price, quantifiable factors, and other factors are considered. This would 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. (DG2292"2SD&9001921) Page 15 c&40 Page 226 of 393 7. RIGHTS OF THE CITY: The City expressly reserves the right to: ■ Waive as an informality, minor deviations from specifications at a lower price than the best responsible qualifier meeting all aspects of the specifiications and consider it, if it is determined that total cost is lower and the overall function is improved or not Impaired; ■ Waive any defect, Irregularity or informality in any RFQ or qualifying procedure; ■ Reject or cancel any or all RFQ's; ■ Reissue Request For Proposal Invitation; ■ Extend the RFQ opening time and date; ■ Consider and accept an alternate RFQ as provided herein when most advantageous to the City. 8. TANDAR© : Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has; ■ Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; ■ A satisfactory record of performances; ■ A satisfactory record of integrity; ■ Qualified legally to Contract within the State of Florida and the City of Boynton Beach; ■ Supplied all necessary Information in connection with the inquiry concerning responsibility. 9. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requester) in the spaces provided on the RFQ form. Further, as may be specified elsewhere, each qualifier must submit for RFQ evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFQ or on file with the buyer will not satisfy this provision. 10. INTERPR FATIOIV,S; Any questions concerning conditions and specifications should be directed to this office in writing no later than ten(10)days prior to the RFQ closing. Inquiries must reference the date by which the RFQ is to be received. 11. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach,Palm Beach County, of the State of Florida. 12.TRADE SECRET;Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal,except to the extent that certain Information Is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or.information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.97.The City shall be the final arbiter of whether any information contained in the Proposers Proposal constitutes a Trade Secret The City's IDUM2442306-MIS211 Page 16 of 40 Page 227 of 393 determination of whether an exemption applies shall.be final, and the Proposer agrees to defend,indemnify,and hold harmless the City its officers,employees,volunteers,and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 13. 5UBCPNTRACTIN : If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached"Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFQ's wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most,advantageous to the City. The City also reserves the right to reject the RFQ of any qualifier if the RFQ names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 14. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposers at the Office of Procurement Services, it Is each qualifier's responsibility to check with the issuing office and immediately secure all addenda before submitting RFQ's. It is the usual practice for the City to upload all addenda to Demanstar.com, but it cannot be guaranteed that all Proposers will receive ALL addendum(s)in this manner. Each qualifier shall acknowledge receipt of ALL addenda by notation on the RFQ. 15. ESCALATORrLAUSE: Any RFQ which Is submitted subject to an escalator clause will be rejected. 1S. EXCEPTIONS: Incorporation in an RFQ of exceptions to any portion(s), of the Contract documents may invalidate the RFQ. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFQ on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS"and this sheet shall be attached to the RFQ.The use of qualifier's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 17. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder,the decision of the City Manager shall be final and binding on both parties. 18.ANTITRUST CAUSE OF ACTION In submitting an RFQ to the City of Boynton Beach, the respondent offers and agrees that If the RFQ Is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights,title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the respondent. 10MI 44.2 M6-M1821j Page 17 of 40 Page 228 of 393 19. GOVERNMENTAL RESTRICTIONS„ In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this RFQ prior to their delivery,it shall be the responsibility of the successful qualifierto notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby,or to cancel the Contract at no expense to the City. 20. LEGAL REQUIREMENTS_ Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 21.GN,PJ C ENTiTYCRIM_ES - All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes,which reads as follows: °A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit an RFQ on a contract or provide any goods or services to a public entity, may not submit an RFQ on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFQ's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 22.ADVERTISING: In submitting an RFQ, the qualifier agrees not to use the results therefrom as a part of any commercial advertising.Violation of this stipulation may be subject to action covered under"NONCONFORMANCE TO CONTRACT CONDITIONS". 23,ASSIGNMENT; Any Purchase Order issued pursuant to this RFQ invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 24. LIABILITY: The selected bidder(s)shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract,for any personal or bodily injury,loss of life,or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, attomey fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder,for which time City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys'fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or Its employees. (0=92"2 30&9001921) Page 18 of Oil Page 229 of 393 25. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the professional, the use of the contract resulting from 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 allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 26.AWARD OF CONTRAT Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible qualifier whose RFQ represents the most advantageous RFQ to the City, Evaluation of RFQ's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFQ's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any qualifier, damages, if any, resulting from an improper award shall be limited to actual RFQ preparation costs incurred by 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 satisfied that the best responsible qualifier is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 27.F _NOING OUT:,,_The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 28, LICENSE MOPE R_MILS_ It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additionai cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 29.COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that ail material, equipment, etc., contained in this RFQ meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne 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 relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law,the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. (0M9244.2"5.9W1829} Page 19 of 40 Page 230 of 393 31. PU LIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award sooner,in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records law. Specifically,the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be Inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CIN, all public records in Contractors 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: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US QUESTIONSa Any questions relative to any items)or portion of Request for Proposal should be directed to Ilyse Triestman, Purchasing Manager, (561) 742-6322 Monday through Friday from 5:00 A.M.to 5:00 P.M; email: riestmani bbfl.us (Mn"-2 Page 20 of 40 Page 231 of 393 3 .LQCAL 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 in the evaluation criteria published in the solicitation_ For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of interest, 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 of RFQ submittal. Failure to submit this form at the time of RFQ submittal will result in the Respondent being found ineligible for the local business preference for this solicitation and will receive zero (0) points for that criterion. If the Respondent meets the requirements of a local business as defined.by the preference, the proposal will be awarded the full 5 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. (oTa9244.2 IO&MI sat) Page 21 of 40 Page 232 of 393 REQUEST FOR QUALIFICATIONS FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 018-2511-1811T PROPOSER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561)742-6322 RFQ Title: PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ Number: 018-2821-181IT RFQ Received By: .TUNE 18, 201 B, NO LATER THAN 2:30 P.M. RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date and time is scheduled for:JUNE 18�20% NO LATER Tf1 N 2:30 P.M.tLOCA�TIMES and may not be withdrawn within ninety(90)days after such date and time. All awards made as a result of this RFQ shall conform to applicable sections of the charter and codes of the City. Name of Company: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: CitylStatelZip: E-mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-18117 Page 22 of 40 (uoz�ew.z3os.9oma2l) 22 Page 233 of 393 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: 'PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" RFQ NO.: 018-2821-1811T DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work 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 ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL To BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.078-2821-18/Fr Page 23 of 40 (0=2".2 N("01921) 23 Page 234 of 393 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFQ document. Failure to comply with this instruction may be regarded as justification for rejecting the RFQ response. *attach additional sheets giving the information 1. Name of Qualifier: 2. Business Address: - .,... _- 3. When Organized: „ 4_ Where Incorporated: g-m 5. How many years have you been engaged in business under the present firm name? fi. General character of work performed by your company. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. _ ma ..........,.� 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. ... 11. Have you ever defaulted on a contract? if so,where and why?* THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821.1 MY Page 24 of 40 gaevszaa23o5.9aoisz1) 24 Page 235 of 393 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) ..e a 15. List all lawsuits (related to similar projects)or arbitration 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 No.018-2821-16AT Page 25 of 40 IMUS .2 ao64"IU11 25 Page 236 of 393 I REFERENCES FOR NAME OF FIR!4L. Company Name: Address: E Contact Name: Phone: Fax: E-Mail: �.. �. �._ r �_ ..a......... Company Name: Address: ..... .. I ! Contact Name. Phone; Fax: E-Mail: Company Name: -....-- ------.... _. ..... _................._. _ �.... Address: Contact Name: ... _ ..._. _ ._.............. Phone: Fax: E-Mail Company Name; Address: Contact Name: Phone: Fax: _.E-Mail: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RF4 No.018-2621-18fiT Page 26 of 40 (oo2nzaaa3a6��fsoiszq 26 Page 237 of 393 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA j SS COUNTY OF PALM BEACH ) I,the undersigned hereby duly sworn,depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback,reward of gift, directly or indirectly by me or any member of my firm or by an officer of the oorporation. By: NAME-SIGNATURE Sworn and subscribed before me this day of w 20 Printed Information; NAME ..e._... ...... TITLE NOTARY PUBLIC,State of Florida at Large COMPANY OFFICIAL NOTARY SEAL"STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.098.2821-1811T Page 27 of 40 (0M9264.33W.%01821) 27 Page 238 of 393 NON COLLUSION AFFIDAVIT State of County of of being first duly sworn,deposes and says that: 1) He/She Is of _ ,the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFQ No. 018-2821-18fiT for PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES 2) He/She Is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such-submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier,firm or person to fix the price or prices in the attached RFQ or of any other qualifier, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed). Subscribed and sworn to before me This day of 20 My commission expires THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.01&2821.181ITPage 28 of 40 (0M%".230&-M1821) 28 Page 239 of 393 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an°X" in the appropriate box: ( ) AMERICAN INDIAN { ) ASIAN { } BLACK { } HISPANIC { ) WOMEN { ) OTHER (specify) { ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification _....,.._...._.......�._ Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018.2821-1811T Page 29 of 40 IWM920a 3%-9W1821) 29 Page 240 of 393 CONFIRMATION OF DRUG-FREE WORKPLACE jUgNTICAL Tjg SUBMITTAL Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality,-and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drag-free workplace program shall be given preference in the award process. Established procedures for processing be submittals will be followed If none of the tied Proposers have a drug- free workplace program. In order to have a drug-free workplace program,a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection(1). 4) In the statement specified in subsection(1),notify the employee that,as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by,any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature of Authorized Company Officer THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RF4 No.018-2821.18nTPage 30 of 40 (wn9zaa�nas.9oota�) 30 Page 241 of 393 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and 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 of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By...... Title: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018.2821.18AT Page 31 of 40 can="2-mmon21) 31 Page 242 of 393 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION the of (Name of officer of company) (Title of officer of company) M , located at . (Name of Corporation/Company) (Business Address) Certify that 1 am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct; NAME OF BUSINESS: u 1. Is the business located within the City limits YES NO Number of Years; of Boynton Beach, Florida? 2. Doesthe business have Y business tax YE NO Business License receipt issued in the current ear" Number: 3. Is the business registered with the Florida Y'—ES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: Active: Verified by: - Date: .--,—,-- THIS ate: —, ._—THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFQ No.018-2821-1BnTPagc 32 of 40 {on�rnas3os-9oo2azi) 32 Page 243 of 393 c ru Z m V Ii CE cpcm [ aa) 0 = m f OE II � ca Z i1 aN 12 �: ' w O ` L cc c Id h LU Me LL c m J O e c a Z? •. _ V.. o vs N m � Wz 00 FN- am Z M Jo- F V > + P C-0 w L CL m LLJ p O ni ` �m V Fye N E a► 0N `a as 0- Z� zr li Z Z Z s7.� 3 10 c "' OO �i O �� m .o Do oW Q Vj C-4t� ,.o � a �� � pv q. � o �! ma� 3 �' atm � 0 Z � ._ U) � 2 a 0O � o psaw 1 LU m r- 0 CY m LU LL Q N m O w V �� a) m � cc " W Q Z 2 E c ° Q I I 3 r V U �. O m D C'J W N MO) a� G t9 D N ... O L W N o W o Qo c �S u, z° rnmcC *, € roc LL O l0 p 7 O 'h C 3� � � E U O O G J I r- IM d8 r s 'I C m � a�1N C E• c°s ' m 3S. ,-� M �+� j OS C [3 O ` 7 W -pp c N N O m 7G U G CC M Dc OOm O , U C Page 244 of 393 STATEMENT OF NO SUBMITTAL If you are not submitting an RFQ for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of Firm's name from the City's Vendor list. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFQ No.: 018-2821-1811T for "PRE- QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES"because of the following reasons: Specifications too"tight", i.e.,geared toward brand or manufacturer only(explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear(explain below) Other(specify below) REMARKS: (002NZO.3 N6-WM21) 34 Page 245 of 393 "DRAFT" 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 mutual benefits, terms, and conditions hereinafter specified. 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.: 018-2821-1811T. 2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor construction projects, which 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 upon 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"Ito 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 terms 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 City's request, the Finn shall conggue services beyond the final expiration date as approved by the City Marlat,{er or gi#y Commission. Such 9299OeIoais)shall not exceed a_six-month p9riad., 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. {00229144.2 306-MIS211 35 Page 246 of 393 b. The CONTRACTOR may submit invoices to the City once per month during the progress of the 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. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request_ 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement 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 copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. 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. 8. INDEMNIFICATION. CONTRACTOR shall indemnify,defend and hold harmless the City, its offices,agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughoutthe duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 peroccurrence and$1,000,000 aggregate for personal injury;and$1,000,000 per occurrencelaggregate for property damage, and CONTRACTOR liability insurance in the amount of$1,000,000 per occurrence to$2,000,000 aggregate with defense costs in addition to limits; 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 Livability Insurance with the limits of liability provided by such policy for each claim and on.a claim made basis or on an occurrence basis to be no less than one million Dollars($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000)aggregate with a deductible per claim not to exceed ten percent(10%)of the limit of liability.Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance 04413o"Wl82E, 36 Page 247 of 393 Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the 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 to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR,or any employee of CONTRACTOR. 11. 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 for the CONTRACTOR, to solicit or secure this contract, 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 of this 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. 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, religion, creed, age, sex or the presence of any physical or sensory handicap In the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a.The City reserves the right to terminate this Agreement at any time by giving ten (10)days written notice to the CONTRACTOR. b. In 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 agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City,if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations,shall be submitted to a court {00M244.230&MJ&211 37 Page 248 of 393 of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O.Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following address: u 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written Instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes, The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY,at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY, [00229244.2 30&MIS21} 38 Page 249 of 393 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: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJBBFL.US THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. (OMM".a 306-9WIM) 39 Page 250 of 393 DATED this day of .2 CITY OF BOYNTON BEACH Lori LaVerdere, City Manager CONTRACTOR Attest/Authenticated: Title ... (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary �oozz�za+a 3orr9m18zq 40 Page 251 of 393 Greco-Arencibia. Adrianna From: Miller, Keyla Sent: Wednesday,July 01, 2020 10:31 AM To: Greco-Arencibia,Adrianna;Certificate of Insurance Cc: Javier, Andrea Subject: RE:Anzco - Request for COI Attachments: City-of-Boynton-Bea_Anzco,-Inc._20-21-GLIA-CUMB_2-3-2020_826078156_1.pdf Approved by Risk Management. Keyla Miller, MHA, ARM-P, CWC Manager of Risk and Wellness Human Resources and Risk Management Mailing Address: P.O. ox 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 561-742-6271 E3 MillerK@bbfl.us Boynton-beach.org/ ADA30i'9%`W.2020"A, Americans with Disabilities Act eiJebrate Itrie ADN July 26, 2020 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to isclosure. ner Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Greco-Arencibia,Adrianna Sent:Wednesday,July 1, 2020 9:52 AM To:Certificate of Insurance<COI@bbfl.us> Cc: Miller, Keyla <MillerK@bbfl.us>;Javier,Andrea <JavierA@bbfl.us> Subject: FW:Anzco- Request for COI Good morning, Attached is a C01 for your review and approval please,thank you, I Page 252 of 393 A��® DIYYYY} CERTIFICATE OF LIABILITY INSURANCE DATE2�MMIDJMMID20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sp. PRODUCER NAME' Certificate Department W.F. Roemer Insurance Agency, Inc. PHONE . FAX g5a-731-8438 3775 NW 124 Avenue INC,Ne,Eki954-731-5566 E-MAIL Coral Springs FL 33065 p.DDn ss; certificates, roemer-ins.com INSURERaS)AFFORDING COVERAGE NAIC# INSURER A:American Builders Insurance CO 11240 j INSURED ANZCO-1 INSURER B:Evanston Insurance Company Anzco, Inc. 9671 Carousel Circle South INSURER C:AmGuard Insurance Company Baca Raton FL 33434 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:826078156 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !NSR ADDL SUBR POLICY EFF POLICY EAP LTR,-__. TYPE OF INSURANCE Ift10MUPOLICY NUMBER i'MMlDD1YYYY1'.[MM1DDfYYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY Y MKLV4PBC000947 212212020 2/22/2021 EACH OCCURRENCE $1,000,000 _ I CLAIMS-MADE �OCCUR PREMSESE-TO REoxu ence1 $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV 5,000 PERSONAL&ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $2,000,000 POLICY�JECT LOC PRODUCTS-COMPlOPAGG $_2,ODO,ODO_. ':.OTHER: - .$- - C AUTOMOBILE LIABILITY ANAU060383 11118!2019 11/18/2020 COMBINED SINGLE LIMIT $1,000,000 ANYAUTO BODILY INJURY(Per person) $ OWNEDSCHEDULED ____. ___... ... ...,.._. _.. AUTOS ONLY X AUTOS BODILY INJURY(Per accident) $ X HIRED x NON-OWNED "PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAR" X OCCUR MPXS3000809 2/22/2020 2/2212021 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION v $ A WORKERS COMPENSATION V11CV 0088831 09 712112019 7/21/2020 X PER ETH - AND EMPLOYERS'LIABILITY Y� STATUTE--- -- -- -- -- ANYPROPRIETORIPARTNERIEXECUTIVE NIA A E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED7 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under ____ ........._. ,. DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if mare space is required) The interest of City of Boynton Beach is included as Additional Insured when required by written contract subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach 100 E Boynton Beach Blvd. AUTHORIZED REPRESENTATIVE Boynton Beach FL 33425 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 253 of 393 ji M 0 LO : 0 1 N W LLJ J J J t � } W V Z C kD wcr p 00 v aui l u o _m v v v CL 0- +� CL t C o. tiI '- =� Q. to a. II. o ra 4 OL E v ai d u 3 O per,-.. m ro rp m to u H +, c w A L 3 x 3 3 3 0 Z 4.; -6 al -2 0 o IL , -0 Q m _ Y a_ 0 a CL ZD aGp D R OI I ® m ' aci Y aa) Wm _ O Q w u L a V a o az _L C V) %. w iv A Zz ii m wa di p. aa) U a) ami O {� ca. w vi CL d. I a C ! vy ui ` V W Z'i ® 0 CL co U I ry = o O ;.. R V E O V Q O O 4 M W O .� gyi Y C rai 41 C4 Cr aj bn 6 co ai top cs y � al a) W a) N O W t^ CL a m c .`' ro m - rad m 3 CU U �- E :!, m CSi o E J E 3 E Z E u vi �o oa aur E o o a J ¢ y »q 4- k 1 0 LO LO s a X v .L a � 2 cu — Ln LA ca LA � > Q" 0 Go m t3o bp C7 tclo: Cl 0 v) Ln Z "' 0 0 L E �- a) au W- CL 0- t4— 0 0 0 E E E m fu m z z z K f F-32-2020-Public Works Lobby Renovations(222 NE 9th Ave) RFQ NO.018-2511-18/IT PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-BID FORM ITEM ( DESCRIPTION QTY UNIT Grand Total ] Supply all labor, material,tools,equipment,hardware,supplies,and supervision to renovate Public Works Lobby per the attached drawings, (Job Site to picked up and clean for the duration of the project) Protect any city property for the duration of the project. included Below CONTRACTOR SHA L HAVE 0 DAY TO COMPLETE PROJECT AFTER RECEIPT OF PURCHASE ORDER. I The Contractor to use the City of Boynton Beach Dumpsters,call(561)- 742-6200 to make arrangements for fees,delivery and pick-ups. e..........._______... ._.............. 2 Supply all labor, material,tools, equipment, hardware,supplies,for ARCHITECTURAL, ELECTRICAL,STRUCTURAL work. 1 LS �S 88,562.00 3 Supply all labor,material,tools,equipment,hardware,supplies,for MECHANICAL(HVAC},PLUMBING work. 1 LS20®575.00 `_ .. 4 !Supply all labor,material,tools,equipment, hardware,supplies,for !FIRE PROTECTION work. 1 LS ......_ ------- 8.315.00 r i Addendum ;Supply all labor,material,tools,equipment,hardware,supplies,for #1 SECURITY work(acces control,does not apply to the camera system). ,F 1 LS _ 25 270_.00 per security plans. i R 9 *Note: Proposal includes fire alarm and security to be provided and installed by Johnson Controls. .ti Bid Price $ 142,722.00 ` One hundred forty two thousanJ . Grand Total Bid Price (in words) twenty two dollars&00/100 Name of Firm Submitting Bid Proposal Republic Construction Corp Name of Person Submitting Bid Proposal Vishnu Billa Name of Person Submitting Bid Proposal C96A,— (SIGNATURE) Date: 6/26/2020 Page 256 of 393 ............ o � a� o v ;3, a N o i a . a m; N 0 O ON Q N N O O N O O O O Q ON O N N ( N tll \ N \ N N \ O r� N \ N N N \ r 4 Pf1 00 O \ fV N %D \ �1' \ N Ln ri ri \ Ln \ \ \ try N N N M LD \ H tD N N \ \ r� ri N \ \ \ \ r-I (N 00 ri 00 r 1 \ \ \ \ \ O \ r-I \ \ O to r� \ \ ri r� 00 00 00 N \ N \ \ \ cn 0) Qi cn O r-I O \ O O 00 \ 41 01 Rlr-F HO He-I o0 00 c 'a c 'a c ri 4J 0 0 W W 01 w 0 ° O1 Q7 W N 0 w 0 w N 0 3 W (1] O O 01 N N Q O NN O Q Q N N N O O N O O O O N r4 O 1 � a \ \ N O N \ \ rq O N N \ \ \ N N \ N N N N \ \ N a1 "I G7 O'1 \ N \ II1 O M c_ 0\0 Rr CO r-I \ \ I D \ \ \ \ I� nrF \ ri N O N \ 00 ri N -I N N rn N a% rl N Rt O1 H \ r-I SD \ \ \ \ M r- \ \ \ N W r-I H \ \ \ \ \ \ N N N ticcD \ \ rl r, rl \ \ \ \ 00 a0 00 Ol of 01 \ \ \ to n N 00 oQ a0 Q1 Ch G1 ri rw Q ' c 'G 'G C c 'a c "( -� 'a ri 'C 0 0 0 o v w w0 o v o o ar a a, ru 3 0 (D m 3 0 m o F- � � c N rn LE [i O 7 v1 v1 0 .n >- �n v1 v) cn Ln v1 v1 y v) +n cn oan an o mrn m a :;- A � a A m a 7 ]- a a a a ? a ? A 7 7 A 7 'a m m m m m m -a m m m m m m m m m m m m m m m m m m d DO e-i Ln e-i N M M H M 111 r N M N Ln Ln N m N qt -qt M ri N IPF 41 d C c @ 0 V a C m H � v m 0 t: 41 E .6 OC +n m O _ 41 c b0 U- ° m an r S} .0 03 as u a w o v 0 4.1as = d o�S c 3 m gn °; u °C rho o v 0 x = 0 3 c _ U C C L 7 t i p 41 O [0 L.L. m C aJ w o2$ O ^ C7 + = U c aJ w C Ol m p 024 4, rc v, iz twc in co +, I +, N to m u 06 'y =-+ a LZ OD 66 024 z o7S L c u O c � ,rn z ;a 0 m v 0 y v m u u m io 0 3 2 p 0 m z a V) 2 6; w x ¢ ¢ a v m o w Co v a N M �t lr1s.4 I� Co m N N N N Page 257 of 393 F-32-2020-Public Works Lobby Renovations(222 NE 9th Ave) RFQ NO.018-2511-28/IT PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-BID FORM ITEM DESCRIPTION I QTY UNIT Grand Total Supply all labor,material,tools, equipment,hardware,supplies,and supervision to renovate Public Works Lobby per the attached drawings, (.lob Site to picked up and clean for the duration of the 00 project) Protect any city property for the duration of the project. ,CONTRACTOR SHALL HAVE 120 DAYS TO COMPLETE PROJECT AFTER RECEIPT OF PURCHASE ORDER. The Contractor to use the City of Boynton Beach Dumpsters,call(561)- 742-6200 to make arrangements for fees,delivery and pick-ups. Supply all labor, material,tools,equipment,hardware,supplies,for �) a ARCHITECTURAL,ELECTRICAL,STRUCTURAL work. 1LS IS 30 Q -- Supply all labor,material tools r , equipment,hardware,supplies,for � MECHANICAL(HVAC),PLUMBING work. 1 LS ;:? 500 Supply all labor,material,tools,equipment,hardware,supplies,for p 'FIRE PROTECTION work. 1 !,, �Q, 4 111 gie♦ IiCiR���i�trieif 1� � ► T� � € �e SUG3 AA, M, ckatw6o. Alai S�CI�L� LH'G��LAR ��17C.(�orl,j -- �E�GMIA.L �►'�,11" pr &IV f 0 weGAO+� (,-I 11l k4 4/r4411,!`�dr Ora�Cr 0-C`deAfh5 40 i,.' ,c/' Csg49 Q9a C/er 1,.,,, are Page 258 of 393 Bid Price f&/0 YO 0, 1i 11 Grand Total Bid Price (in words) O ff e ,,d"41 sixty a,,,,4� o •rr�J, WVlor1 a- hero c W-: Name of Firm Submitting Bid Proposal F�afc��� -���t�s ,�G2grl✓� Jnr Name of Person Submitting Bid Proposal Name of Person Submitting Bid Proposal „ r (SIGNATURE) Date, Zig 71-- age 259 of 393 8.A. PUBLIC HEARING 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Proposed Ordinance No. 20-028 - 1st Reading -Approve amendments to Part I I of the City Code of Ordinances, Chapter 14, Motor Vehicles and Traffic, creating a new Section 14-14, Parking Meters, to add definitions, standards, and fees to regulate parking meters in the City and striking Chapter 16 Section 16-61 and 16-82 removing redundant language. Explanation of Request: On November 5, 2019 the City Commission approved Resolution No. R19-119 for the award of a contract to Park Mobile for automated parking technology at Oceanfront Park, Harvey E., Oyer Jr. Park and future locations that might require metered parking. The purpose of these amendments is to establish standards, regulations, enforcement, and fee structure to support the deployment of automated parking technology. Attached is a copy of the proposed amendments and corresponding ordinance for review and approval. The proposed fee schedule will be a separate resolution which will be reviewed upon 2nd reading of the ordinance. Attached is a draft copy of the fee schedule to assist with the discussion and review of the proposed parking meter ordinance. How will this affect city programs or services? Developing and promoting an efficient, easy-to-use parking system will improve customer service and quality of life. Fiscal Impact: Budgeted Automated parking meter improvements will control operating costs and generate sufficient revenue to support system operations. Alternatives: Continue the status quo and collect cash parking fees by part time parking attendants and forgo the use of automated parking technology. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 260 of 393 Is this a grant? Grant Amount: ATTACHMENTS: Type Description Ordinance regarding parking meters Creating D Ordinance Section 14-14 and deteling Sections 16-61 and 16-82 D Exhibit ExIiibit 1 - Section 16-61 & 16-82 - Strike through D Exhibit ExIiibit 2 - Proposed Section 14-14- Parking Meters D Attachment Draft Parking Fees (informational Only) Page 261 of 393 1 2 ORDINANCE NO. 20- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING PART II OF THE CITY CODE OF ORDINANCES, 6 CHAPTER 14, MOTOR VEHICLES AND TRAFFIC, CREATING A 7 NEW SECTION 14-14, PARKING METERS, TO ADD DEFINITIONS, 8 STANDARDS, AND FEES TO REGULATE PARKING METERS IN 9 THE CITY; DELETING CHAPTER 16, ARTICLE II, DIVISION 1, 10 SECTION 16-61; DELETING CHAPTER 16,ARTICLE II,DIVISION 3, 11 SECTION 16-82 TO REMOVE REDUNDANT LANGUAGE; 12 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 13 AND AN EFFECTIVE DATE. 14 15 WHEREAS, on November 5, 2019 the City Commission approved Resolution No. 16 R19-119 for the award of a contract to Park Mobile for automated parking technology at 17 Oceanfront Park, Harvey E., Oyer Jr. Park and future locations that might require metered 18 parking; and 19 WHEREAS, the purpose of these amendments is to establish standards, regulations, 20 enforcement, and fee structure to support the deployment of automated parking technology; 21 and 22 WHEREAS,the City Commission deems it to be in the best interest of the citizens and 23 residents of the City to amend Chapters 14 by creating a new Section 14-14, "Parking Meters" 24 and amending Chapter 16, Article 2, by deleting in their entirety Sections 16-61 and 16-82 of 25 the City's Code of Ordinances as hereinafter referenced. 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, THAT: 28 Section 1. The foregoing "WHEREAS" clauses are true and correct and 29 incorporated herein by this reference. 30 Section 2. Chapter 14, "Motor Vehicles and Traffic" of the City's Code of 31 Ordinances is hereby amended to create a new Section 14-14,"Parking Meters",by adding the 32 words and figures in underlined type and by deleting the words and figures in struck-through 33 type, as follows: 34 See Exhibit"A" attached hereto and incorporated herein 35 S:\CA\Ordinances\Parking Meters-Ordinance.Docx I Page 262 of 393 36 37 Section 3. Chapter 16, "Parks and Recreation", Article II, "City Parks and 38 Beaches", Division 2, "Conduct Regulated", Section 16-61, "Boat Launching and Trailer 39 Parking User Fee at Harvey E. Oyer, Jr. Park", of the City's Code of Ordinances is hereby 40 deleted in its entirety as follows: 41 Sec. 16-61. 42 preserved. 43 44 . 45 ®�n,®A 4 18 ,,,�, -V+t,- Dn.a, 46 The eity shall ehan — 47 . 48 49 — 50 . 51 e6als W.41.1 be issned an applieftnt,8. 52 ' 53 2001. All deeals shall be peffnanently 54 - 55 4. nur, s ed shallhe 56 -4<„e +10 bla OA 57 r2\ Ta +110 o-fve�4,t„a, .11o , ero 58 59 60 61 62 63 64 t.r,®a4r, re.,® a llrQ1)� 04D re 65 Section 4. Chapter 16, "Parks and Recreation", Article II, "City Parks and 66 Beaches", Division 3, "Traffic and Parking Regulations", Section 16-82, "Rules, regulations 67 controlling parking of vehicles at municipal beach property located within the Town of Ocean 68 Ridge" of the City's Code of Ordinances is hereby deleted in its entirety as follows: 69 Sec. 16-82. 70 ��'° reserved S:\CA\Ordinances\Parking Meters-Ordinance.Docx 2 Page 263 of 393 71 72 73 TTd-� TT� D h QW. 1ARKIT64 PER TNUTS 75 �44ys 76 nl npon satisf-aeteryeemp-k4eff­4 77 78 re Gity-eI43,��Pea�,ee 79 80 ek t .r,,4e 1-he r n+ 81 deeal was issued Iflas been Sold or-odherwise eliang or-In -le evenc=t-aged 82 . q 83 84 85an dern 86 87 „r,h ,�,,,,,,,��.; a , 88 parking annually. The eost for stiek perm 14 as Set 89 . 90 Befr1irtieffs- 91 92 F aha eae-(4-)parking si t4 Proof € employment n& pl c 93 94 96 �� ; �� g real es+ , FeRtHIQ 97 98 eenseet16ve memlls eaek ealemlar year-, as well as members of dierr mil. ”. le ..y 99 7 00 01 R:-Ii Wished by some snit'In,lre means, snek as n6l., + 02 bill.1, propeftly ,seal or leaseagreem­ef1r=.= 03 Anyone ar coo e who of n side 4 but who sides srr 4i a ag SCS 04reSef.,,e area of 05 No. 06 T nl + ee T®Tationa 07 08 T . 09 T . 10 1 2y D o est Separate . alnrcl a r-ews+- pe S:\CA\Ordinances\Parking Meters-Ordinance.Docx 3 Page 264 of 393 L11 (4) Residents leasing aunam-obi-les should fwevide eent+aet doetim-ef4s establishing the 12 Wase --a-ge—­ assignment 13 —1+05) issuing amhoity cap complete paNing PeFfnit application by listing separate ptfm-4 14 ircrri�vTs flciv uq model 1 yeav ®aux vehicle 15 16 04 s c` d 4r we Aref al y Iv 117 the e €. Ewhieh st. � arl ed shall o nte^� ed to be l 18 S shall permits issue" 19 displayed o the left b-r,Y,t €e-L of stick vehicle , othery4-si le location in the area of the left 20 Kerat- .21 DAYJTZTT® G FEES FOR A40'l-'OY9 A7ENG ES 22 A ,lair Ning fee is ha eb stab l-1shed €r all r,t, vehicles paFlungat the public beach, 7 23 24 25 - vv _ .-.,lar,\ $c � 26 Weekends day AS Sunday, 27 and holidays $10.00 28 November 16 A pti 0 29 En, er- ,.,tion 30 31 and r-egulation-s „€'Policies t and 2 32state, V,tpy nd e4=y os e a aw g the , Fk i the 33 E o-, me-W functions. 34 rtes ,ti, rrutility companies, woflEmea, t+adesmea, ev salesmen when 35 engaged in W"€fie al p af-k business 36 37 body fev a field t+ip for-educational pufpeses. This exception shall not apply 38 39 40 the Difeetef of Recreation and PaNs, ev his ev hep desmignee, 41 e-Y - 42 iQ a 43 44 45 PARKING AREAS FOR N40TOR VEHICLES o 46 —Tfueks, buses and t+ailer-s shall park in the lowet le"! spaces of the Parking area at the 47 abliAbeffieN S:\CA\Ordinances\Parking Meters-Ordinance.Docx 4 Page 265 of 393 L48 TSE T A T TY FOIRT®T T1-(-V, 7�T T A T®T( SX7rTTTT Q I TT UQ A NTn T9 Ff'-T TT A TTS TC N—C4941 1,1 shall be tinlaw"141 any per-sen +16 1-.s.1y .141-Effifft.814 . -'e pf-eeess of applying 50g pefi-.1111 1--r-any-persen to sell a parking it, f r any person 51 52 153 154 Section 5. Each and every other provision of the Code of Ordinances of the City 155 of Boynton Beach not herein specifically amended shall remain in full force and effect as 156 previously enacted. 157 Section 6. All ordinances or parts of ordinances in conflict herewith be and the 158 same are hereby repealed. 159 Section 7. Should any section or provision of this ordinance or portion hereof, any 160 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 161 such decision shall not affect the remainder of this ordinance. 162 Section 8. Authority is hereby granted to codify said ordinance. 163 Section 9. This ordinance shall become effective immediately upon passage. 164 FIRST READING this day of July, 2020. 165 166 SECOND, FINAL READING AND PASSAGE this day of , 2020. 167 168 CITY OF BOYNTON BEACH, FLORIDA 169 170 YES NO 171 172 Mayor- Steven B. Grant 173 174 Vice Mayor- Ty Penserga 175 176 Commissioner-Justin Katz 177 178 Commissioner-Woodrow L. Hay 179 180 Commissioner- Christina L. Romelus 181 182 VOTE 183 ATTEST: 184 185 186 Crystal Gibson, MMC 187 City Clerk 188 189 (Corporate Seal) S:\CA\Ordinances\Parking Meters-Ordinance.Docx 5 Page 266 of 393 EXHIBIT"A" CHAPTER 14—MOTOR VEHICLES AND TRAFFIC Sec. 14-14. Parking Meters Sec. 14-14.1. Definitions For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning: City employees:All city employees, classified, nonclassified and retired, regardless of residency. Proof of employment shall be established through the Human Resources Department of the city. Multispace parking meter. Any mechanical device or technology placed or erected for the regulation of more than one parking space. Multispace parking meterzones. Any space or group of spaces controlled by a single multispace parking meter or technology. Spaces shall be signed so as to allow users to identify the appropriate location in order to pay the appropriate fees to park in said spaces. Parking meter. Any mechanical device or technology placed or erected for the regulation of parking by authority of this subchapter. Parking meter space. Any space within a parking meter zone adjacent to a parking meter or technology and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters or which is in an area clearly marked by signs indicating the space is in a parking meter zone and indicating that payment may be made by the use of parking meter technology. Parking meter technology. Any technology that allows payment for parking in parking meter zones without the use of mechanical parking meters, including but not limited to telephone, smartphone applications, website, single or multi space meters, or any other technology as deemed appropriate by the City to pay for parking. Parking meter technology may utilize parking space numbers, license plates, sticker numbers, or any other means designated by the specific parking meter technology to process Parking payment. Parking meterzone. Any area designated by resolution as a parking meter zone. Resident:Anyone owning real estate and/or leasing, renting or occupying real estate or living accommodations within the City of Boynton Beach for a time period of at least six (6) consecutive months each calendar year, as well as members of their immediate family residing with them; provided, however, for purposes of this section, the term "City of Boynton Beach"shall include all property within the corporate limits of the Town of Ocean Ridge. Proof of residency shall be established by some suitable means, such as utility bill, tax bill, property deed or lease agreement. Senior Resident:Anyone 65 years or older owning real estate and/or leasing, renting or occupying real estate or living accommodations within the City of Boynton Beach for a time period of at least six (6) consecutive months each calendar year, as well as members of their immediate family residing with them. Proof of residency shall be established by some suitable means, such as utility bill, tax bill, property deed or lease agreement. Nonresident:Anyone who is not a resident but who resides in the agricultural reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal No. 30, bounded on the north by Hypoluxo Road, and bounded on the west by the Loxahatchee National Wildlife Refuge. Weekday: Includes any day except; friday, saturdav, sundae, and all holidays. Weekend: Incudes friday, saturdav, sundae, and all holidays. Page 267 of 393 EXHIBIT"A" Sec. 14-14.2. Parking meter zones;installation of meters (a) The City is hereby authorized to establish by resolution certain sections of the City public right of way or public off-street parking facilities to be designated as parking meter zones. (b) The City is hereby authorized to install, or have installed, parking meters for the parking spaces in parking meter zones. (c) Each parking meter zone shall provide signage to notify drivers of the required payment for that parking meter zone and the maximum length of allowable parking time. (d) Each parking meter or technology installed in a parking meter zone shall indicate by proper legend the legal parking time established by the City, and when operated shall at all times indicate the balance of legal parking time, and at the expiration of the period shall indicate illegal or overtime parking. (e) For any parking space in a parking meter zone for which no meter is installed adjacent to the space, the City shall install signage in the area and visible from the space indicating that payment of the parking meter rates for that space shall be made by using parking meter technology, and indicating the procedure for using said technology. (f) When parking meter technology is in use, it shall notify the user and the parking enforcement officer of the legal parking time for which payment has been made and the balance of legal parking time. (g) Nothing in this section shall be construed as prohibiting the City Manager or his or her designee from temporarily restricting parking or allowing parking at no charge at spaces within parking meter zones based on special circumstances, including but not limited to emergencies, special events.construction, change in building uses, and actual usage of parking spaces in the zones. (h) No person shall move and repark a vehicle on either side of a street within the same block in order to avoid exceeding the parking meter time limits specified for either side of the street in that particular block. Sec. 14-14.3. Operation of parking meters (a) When any vehicle is parked in any parking space in a parking meter zone when payment is required, the operator of this vehicle shall, upon entering the parking meter space, pay the parking meter rate by using parking meter technology. (1) If payment is made using parking meter technology,the operator shall follow the directions posted for the use of such technology. (b) Upon payment of the parking meter rate, the parking space may be lawfully occupied by the vehicle during the period of time which has been prescribed for the part of the street in which the parking space is located. (c) If the vehicle shall remain parked in any parking space beyond the parking time limit set for that parking space,and if the parking meter technology shall indicate illegal parking,then, and in that event, the vehicle shall be considered as parking overtime and beyond the period of legal parking time, and parking shall be deemed a violation of this subchapter. Sec. 14-14.4. Cost of parking or standing vehicle in certain metered spaces The cost of parking or standing a vehicle in a parking meter space located in a parking meter zone shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission. The term "cost' is synonymous with "fee." Page 268 of 393 EXHIBIT"A" Sec. 14-14.5. Parking time limits The parking meters shall be operated in the parking meter zones every day for the hours stated by the appropriate signage in the particular parking meter zones, including Saturdays, Sundays and holidays. Sec. 14-14.6. Parking meter permits (a) Any person may purchase a "beach parking permit' in accordance with and subject to the administrative rules and regulations promulgated by the City. A beach parking permit shall authorize the operator to park the vehicle for which the permit was acquired in any designated permit-only parking space and in any parking meter space located within Ocean Front Park parking lots without requiring payment of the parking meter rate. (b) The fee for obtaining the parking permits described in this section shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission. (c) Each permit shall cover an annual period from October 1 through September 30. Sec. 14-14.7. Certain acts prohibited It shall be unlawful and a violation of the provisions of this subchapter for any person to: (a) Cause, allow, permit, or suffer any vehicle registered in his name to be parked overtime; (b) Cause, allow, permit, or suffer any vehicle registered in his name to remain or be placed in any parking space adjacent to any parking meter while the meter is displaying a signal indicating that the vehicle occupying the parking space has already been parked beyond the period prescribed for the parking space; (c) Cause, allow, permit, or suffer any vehicle registered in his name to be parked across any line or marking of a parking meter space or in a position that the vehicle shall not be entirely within the area designated by the lines or markings; (d) Deface, injure, tamper with, open, break, destroy, or impair the usefulness of any parking meter installed under the provisions of this subchapter; (e) Deposit or cause to be deposited in any parking meter any slugs, device, or metal substance, or other substitute for lawful coins; (f) Park a vehicle in any parking space designated as a handicapped parking space without displaying a permit for handicapped parking which has been issued by a governmental agency having the authority to issue the permit; (g) Deface a parking permit or transfer a parking permit from the vehicle for which it was acquired to another vehicle without approval in advance of the City Manager; (h) Park a vehicle in any parking lot or space which requires a parking permit without displaying a valid permit. (i) Cause, allow, permit, or suffer any vehicle registered to back into a parking space to and/or obstruct vehicle license plate. Sec. 14-14.8. Collection of deposited moneys The City administration shall provide for the regular collection of the money deposited in the parking meters. All of the money shall be deposited into the Parking Fund of the City. Page 269 of 393 EXHIBIT"A" Sec. 14-14.9. Issuance of parking ticket (a) A parking enforcement specialist who discovers a vehicle parked in violation of this Chapter may: (1) Issue a ticket in the form used by the City to the driver; or (2) If the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place. (b) The uniform traffic citation prepared by the State Department of Transportation pursuant to F.S. Section 316.650 may not be used by the City for parking violations. Sec. 14-14.10. Liability for payment of parking ticket violations (a) The registered owner of a vehicle is responsible and liable for payment of any parking ticket violation. The owner of a stolen vehicle is not responsible for a parking ticket violation from the date it is reported stolen to the Police Department. (b) Any person issued a parking ticket by a parking enforcement specialist shall be deemed to be charged with a noncriminal violation and shall comply with the directions on the ticket. In the event that payment is not received or a response to the ticket is not made within the time period specified thereon,the City shall notify the registered owner of the vehicle which was cited, by mail to the address given on the motor vehicle registration,of the ticket. Mailing of the notice to this address shall constitute notification. Upon notification, the registered owner shall comply with the City's decision. (c) Any person who fails to satisfy the City's directive shall be deemed to waive his right to pay the applicable civil penalty. (d) Any person who elects to appear before a designated official to present evidence shall be deemed to have waived his right to pay the civil penalty provisions of the ticket. The official, after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a civil Penalty not to exceed one hundred dollars ($100.00) plus costs. Any person who fails to pay the civil Penalty within the time allowed by the City shall be deemed to have been convicted of a parking ticket violation, and the city shall take appropriate measure to enforce collection of the fine. (e) Any provision of(b), (c) and (d)above to the contrary notwithstanding, the provisions of F.S. Ch. 318 shall not apply to violations of the City's regulations. (f) The City shall supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department,or similar digital file, listing persons who have three(3)or more outstanding parking violations or one or more outstanding violations of F.S. 316.1955. The department shall mark the appropriate registration records of persons so reported. If the applicant's name appears on the list referred to herein, no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until the applicant presents a receipt from the clerk showing that such parking fines have been paid. Sec. 14-14.11. Immobilization of vehicles by the city to collect outstanding parking fines (a) Any parking enforcement specialist employed by the City is hereby authorized to attach a "Denver boot"or other nondestructive device,which prevents a vehicle from being moved under its own power, to a motor vehicle under the following conditions: (1) The motor vehicle has, on at least five (5) prior occasions, been found stopped, standing or parked on any street, alley or thoroughfare within the City in violation of a State law or City ordinance for which parking tickets have been issued and to which the registered owner has failed or refused to respond by requesting an administrative hearing before the City Manager's designee Page 270 of 393 EXHIBIT"A" or by paving the civil penalties indicated upon the parking tickets. A parking ticket issued for parking in a handicapped parking space shall count as three (3) occasions or tickets for the purposes of this Section. (2) The registered owner of the motor vehicle has been given written notice by mail (to the address listed by the Florida Department of Highway Safety and Motor Vehicles) or otherwise that the provisions of this Section will be enforced against the motor vehicle unless, not more than ten (10) calendar days from the date of receipt of the notice, the owner shall pay the civil penalties for all such outstanding parking tickets, or request an administrative hearing before the City Manager's designee to determine whether the immobilization of the vehicle is warranted or notifies the City that he has requested a court hearing for the unpaid tickets; and (3) The registered owner of the motor vehicle has failed or refused to respond to the notice described in Section (A)(2) above by paving such civil penalties or requesting an administrative hearing or court hearing; and (4) If the owner or operator of such vehicle requests an administrative hearing, the City Manager's designee shall grant an administrative hearing within ten (10)working days from the date of such request. Immobilization shall be warranted if the City Manager's designee finds that the City has correctly followed the notice procedures of this Section and there are a sufficient number of outstanding parking tickets. The owner or operator may appeal the City Manager's designee's decision to the City Manager. (b) The City shall maintain a current list of all motor vehicles to which an immobilizing device may be attached pursuant to this Section. (c) The immobilizing device shall be attached to the motor vehicle at any location within the City where the motor vehicle may be found, if the location is in a right-of-way or a place where the public is invited to travel, except that no motor vehicle shall be immobilized within the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public or to traffic. (d) At the time that an immobilizing device is attached to a motor vehicle, a notice shall be affixed to the windshield and to the left front window (driver's side) stating that the immobilizing device has been attached and cautioning the operator not to attempt to operate the motor vehicle or to attempt to remove the immobilizing device. The notice shall inform the owner or operator of the motor vehicle that the motor vehicle is immobilized because of civil penalties assessed due to unpaid citations, that a removal charge for removal of the immobilizing device has been incurred, and the location to which the owner or operator must go in order to pay the civil penalties and removal charge and have the immobilizing device removed from the motor vehicle. (e) Except as provided in Subsection (F)below, the immobilizing device shall be removed from the motor vehicle only upon payment of the civil penalties assessed under the citations for which the motor vehicle has been immobilized, plus the removal charges, or upon the authorization of the City Manager's designee. Payment may be made in the form of cash, cashier's check, money order, MasterCard or Visa. (f) The owner or operator of a vehicle which has been immobilized with an immobilizing device shall have the right to request the City Manager's designee to conduct an administrative hearing for the purpose of determining whether such vehicle was properly immobilized in accordance with the terms of this Section. The hearing shall be held during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays)and within twenty-four(24)hours of such a request being made if the City Manager's designee is available. If said immobilization occurs after normal City business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.)said hearing will be scheduled within twenty-four(24) hours of the opening of the business.The owner or operator requesting the hearing shall receive notice of its date, time and place at the time the request is made. If, upon the conclusion of the hearing, the City Manager's designee determines that the vehicle was properly immobilized in accordance with the terms of this Section, the owner or operator, in order to obtain the removal of the immobilizing device, shall pay the City the amount indicated in subsection (e). If the City Manager's designee determines that the vehicle was not properly immobilized, the immobilizing device shall be removed as soon as Page 271 of 393 EXHIBIT"A" possible. The owner or operator may appeal the decision of the City Manager's designee to the City Manager. (g) The removal charge for the authorized removal of an immobilizing device shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission. (h) As an additional remedy, if an immobilizing device remains on a motor vehicle for more than twenty- four (24) hours, any motor vehicle described in subsection (a) may be towed from any location where it may be found within the City, if the location is in a right-of-way or a place where the public is invited to travel, and shall be impounded until the registered owner pays all outstanding civil penalties, the removal charge and the costs of towing and impoundment. (i) This Section shall be applied retrospectively so that any outstanding citation or summons shall be includable in determining whether the requirements of subsection (a)(1) have been met. (i) The City Manager shall have the right to appoint the parking management specialist or another designee to conduct the administrative hearings. (k) If the immobilizing device is destroyed or damaged while placed on a motor vehicle, the owner of the motor vehicle shall be responsible for the costs to repair such damage or to replace the immobilizing device if destroyed. However, in no event shall such charges exceed five hundred dollars ($500.00). Such charges shall be paid prior to the release of the motor vehicle. If an immobilizing device is placed on a motor vehicle and the motor vehicle is moved without returning the immobilizing device,the owner of the motor vehicle shall then be responsible for the replacement cost of the immobilizing device. Sec. 14-14.12. Penalty (a) It shall be unlawful for any person to violate any of the parking regulations referenced in this Chapter. Any person who violates any provision of this chapter will be subject to a penalty, which may include fines, immobilization, or towing. (b) The amount of the fines for the violation of parking regulations shall be established by resolution of the City Commission and may be subsequently amended from time to time by the City Commission. (c) Failure to pay penalties within fourteen (14)days of issuance of the parking violation shall result in a service charge to the violator per citation in addition to the cost of the penalty. The amount of the service charge for the violation of parking regulations enumerated herein shall be established by resolution of the City Commission and may be subsequently amended from time to time by the City Commission. (d) Failure to pay penalties within ninety (90) days or more shall be referred to a registered collection agency which will pursue the collection of the outstanding balance of the unpaid fine along with any collection fees, service charges, or costs accrued for the collection of said fines in an amount not to exceed forty (40) percent of the amount owed at the time the account is referred to the collection agency. Page 272 of 393 cmp.Tm P. 1111m 111! - - - - Now. - ' - - - - - - - - - - - - - - . . . . .. .. . . . jr M . . - . ft .. -. . - M-. . - . . - . . . . . . . . - . . - . . - . - . . - . - . - .. - . . - . - . - .. . ■ . . No• i LP 1 WW -W 1 . . - . . . . - . . . ' a a P. P. -. .. 1 . . . Al -. -. . . . . .. . . - . . A . . -. . . - AA WAWA A.0 All A . - .. . . 1 - .. . . -. . . . -. AA -. .. . - .. . . .. - . . . - . . -. . . . . . - - AAA - -11 . . - ■ - . . .. - . . . . .. .. .. . . N ! . - . . I .I Al . - . . . . ► . .. . . -. .. . - . . r . . .. . . . EXHIBIT"1" Ne. 1 . ,fid (6) All parkiRg permits shall be pepma%Rtly affixed 61PGR th8 lGW8F, left 7) ,, > bikes, m the area loft fFE)Rt. 12ARK-IN.IG F=GGC F=QR MQT- l[? VE=:HI�CQ > > OR aGGGrdaRG8 With th8 felle\n/IRg rates R d nhargeo Magi 1 Nr,vembep-4-5 Weekdays (MGRday Friday) $5.09 Nevember 16 Appil 30 $19-.99 F=XG8 1tlGRS' nth the rules and reg ilatiGRS r,f 12940 4eo1 and 2. (2) Offinial state, nei IRty aril^! pity V8h�6L'Rrcercringthe park in trh& perfermarine Gf gGV8rrimerital fi lRGtierio /Z\ The vehinleo Gf Pi ihlin i itility nempaRieo, werkerkm8R, tra�meri�r l8S M8 R WheR 8Rgaged OR GffiGial park b6lSmR86&-. Page 275 of 393 EXHIBIT"1" ps, Perida onhGGI gre,,po, ritias M89ri d in 8XG8ptmGR (4), must mot mak s a part ef the onhGGI n,,rrin,,I,,M. in m aGGGp^aRG8 With thio PGliG 12ARKING AREAS FOR MOTOR VEHIGLES T-F6IGks, buses and trailers shall park OR th8 lewer level spaG86 ef the parkiRg area the p ,hlin hoanh DGt�141 TV FOR t�l(1t�1(`OMP IANGE WITH RIAES GC AND REGULATIONS T permit, permit, f Ch8 h1�_1b I�TeaGrr Page 276 of 393 EXHIBIT"2" CHAPTER 14—MOTOR VEHICLES AND TRAFFIC Sec. 14-14.Parking Meters Sec. 14-14.1. Definitions For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning: City employees:All city employees, classified, nonclassified and retired, regardless of residency. Proof of employment shall be established through the Human Resources Department of the city. Multispace parking meter. Any mechanical device or technology placed or erected for the regulation of more than one parking space. Multispace parking meter zones. Any space or group of spaces controlled by a single multispace parking meter or technology. Spaces shall be signed so as to allow users to identify the appropriate location in order to pay the appropriate fees to park in said spaces. Parking meter. Any mechanical device or technology placed or erected for the regulation of parking by authority of this subchapter. Parking meter space. Any space within a parking meter zone adjacent to a parking meter or technology and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters or which is in an area clearly marked by signs indicating the space is in a parking meter zone and indicating that payment may be made by the use of parking meter technology. Parking meter technology. Any technology that allows payment for parking in parking meter zones without the use of mechanical parking meters, including but not limited to telephone, smartphone applications, website, single or multi space meters, or any other technology as deemed appropriate by the City to pay for parking. Parking meter technology may utilize parking space numbers, license plates, sticker numbers, or any other means designated by the specific parking meter technology to process parking payment. Parking meter zone. Any area designated by resolution as a parking meter zone. Resident:Anyone owning real estate and/or leasing, renting or occupying real estate or living accommodations within the City of Boynton Beach for a time period of at least six (6)consecutive months each calendar year, as well as members of their immediate family residing with them; provided, however, for purposes of this section, the term "City of Boynton Beach" shall include all property within the corporate limits of the Town of Ocean Ridge. Proof of residency shall be established by some suitable means, such as utility bill, tax bill, property deed or lease agreement. Senior Resident:Anyone 65 years or older owning real estate and/or leasing, renting or occupying real estate or living accommodations within the City of Boynton Beach for a time period of at least six(6) consecutive months each calendar year, as well as members of their immediate family residing with them. Proof of residency shall be established by some suitable means, such as utility bill, tax bill, property deed or lease agreement. Nonresident:Anyone who is not a resident but who resides in the agricultural reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal No. 30, bounded on the north by Hypoluxo Road, and bounded on the west by the Loxahatchee National Wildlife Refuge. C:\Users\colin\Downloads\Section 14-14 Parking Meters_DRAFT_Revised.docx Page 277 of 393 EXHIBIT"2" Sec. 14-14.2. Parking meter zones; installation of meters (a) The City is hereby authorized to establish by resolution certain sections of the City public right of way or public off-street parking facilities to be designated as parking meter zones. (b) The City is hereby authorized to install, or have installed, parking meters for the parking spaces in parking meter zones. (c) Each parking meter zone shall provide signage to notify drivers of the required payment for that parking meter zone and the maximum length of allowable parking time. (d) Each parking meter or technology installed in a parking meter zone shall indicate by proper legend the legal parking time established by the City, and when operated shall at all times indicate the balance of legal parking time, and at the expiration of the period shall indicate illegal or overtime parking. (e) For any parking space in a parking meter zone for which no meter is installed adjacent to the space, the City shall install signage in the area and visible from the space indicating that payment of the parking meter rates for that space shall be made by using parking meter technology, and indicating the procedure for using said technology. (f) When parking meter technology is in use, it shall notify the user and the parking enforcement officer of the legal parking time for which payment has been made and the balance of legal parking time. (g) Nothing in this section shall be construed as prohibiting the City Manager or his or her designee from temporarily restricting parking or allowing parking at no charge at spaces within parking meter zones based on special circumstances, including but not limited to emergencies,special events. construction, change in building uses, and actual usage of parking spaces in the zones. (h) No person shall move and repark a vehicle on either side of a street within the same block in order to avoid exceeding the parking meter time limits specified for either side of the street in that particular block. Sec. 14-14.3. Operation of parking meters (a) When any vehicle is parked in any parking space in a parking meter zone when payment is required, the operator of this vehicle shall, upon entering the parking meter space, pay the parking meter rate by using parking meter technology. (1) If payment is made using parking meter technology,the operator shall follow the directions posted for the use of such technology. (b) Upon payment of the parking meter rate, the parking space may be lawfully occupied by the vehicle during the period of time which has been prescribed for the part of the street in which the parking space is located. (c) If the vehicle shall remain parked in any parking space beyond the parking time limit set for that parking space, and if the parking meter technology shall indicate illegal parking, then, and in that event, the vehicle shall be considered as parking overtime and beyond the period of legal parking time, and parking shall be deemed a violation of this subchapter. Sec. 14-14.4. Cost of parking or standing vehicle in certain metered spaces The cost of parking or standing a vehicle in a parking meter space located in a parking meter zone shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission. C:\Users\colin\Downloads\Section 14-14 Parking Meters_DRAFT_Revised.docx Page 278 of 393 EXHIBIT"2" Sec. 14-14.5. Parking time limits The parking meters shall be operated in the parking meter zones every day for the hours stated by the appropriate signage in the particular parking meter zones, including Sundays and holidays. Sec. 14-14.6. Parking meter permits (a) Any person may purchase a "beach parking permit" in accordance with and subject to the administrative rules and regulations promulgated by the City. A beach parking permit shall authorize the operator to park the vehicle for which the permit was acquired in any designated permit-only parking space and in any parking meter space located within Ocean Front Park parking lots without requiring payment of the parking meter rate. (b) Any person may purchase a "boat launch/trailer parking permit" in accordance with and subject to the administrative rules and regulations promulgated by the City.A boat launch/trailer parking permit shall authorize the operator to park the vehicle for which the permit was acquired in any designated permit- only parking space and in any parking meter space located within Harvey E. Oyer, Jr. Park parking lots without requiring payment of the parking meter rate. (c) Any City Employee may purchase an "employee parking permit" in accordance with and subject to the administrative rules and regulations promulgated by the City. An employee parking permit shall authorize the operator of the vehicle to park in the Town Square Garages without requiring the payment of the parking meter rate. (d) The fee for obtaining the parking permits described in this section shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission. (e) Sec. 14-14.7. Certain acts prohibited It shall be unlawful and a violation of the provisions of this subchapter for any person to: (a) Cause, allow, permit, or suffer any vehicle registered in his name to be parked overtime; (b) Cause, allow, permit, or suffer any vehicle registered in his name to remain or be placed in any parking space adjacent to any parking meter while the meter is displaying a signal indicating that the vehicle occupying the parking space has already been parked beyond the period prescribed for the parking space; (c) Cause, allow, permit, or suffer any vehicle registered in his name to be parked across any line or marking of a parking meter space or in a position that the vehicle shall not be entirely within the area designated by the lines or markings; (d) Deface, injure, tamper with, open, break, destroy, or impair the usefulness of any parking meter installed under the provisions of this subchapter; (e) Deposit or cause to be deposited in any parking meter any slugs, device, or metal substance, or other substitute for lawful coins; (f) Park a vehicle in any parking space designated as a handicapped parking space without displaying a permit for handicapped parking which has been issued by a governmental agency having the authority to issue the permit; (g) Deface a parking permit or transfer a parking permit from the vehicle for which it was acquired to another vehicle without approval in advance of the City Manager; C:\Users\colin\Downloads\Section 14-14 Parking Meters_DRAFT_Revised.docx Page 279 of 393 EXHIBIT"2" (h) Park a vehicle in any parking lot or space which requires a parking permit without displaying a valid permit. (i) Cause, allow, permit, or suffer any vehicle registered to back into a parking space to and/or obstruct vehicle license plate. Sec. 14-14.8. Collection of deposited moneys The City administration shall provide for the regular collection of the money deposited in the parking meters. All of the money shall be deposited into the Parking Fund of the City. Sec. 14-14.9. Issuance of parking ticket (a) A parking enforcement specialist who discovers a vehicle parked in violation of this Chapter may: (1) Issue a ticket in the form used by the City to the driver; or (2) If the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place. (b) The uniform traffic citation prepared by the State Department of Transportation pursuant to F.S. Section 316.650 may not be used by the City for parking violations. Sec. 14-14.10. Liability for payment of parking ticket violations (a) The registered owner of a vehicle is responsible and liable for payment of any parking ticket violation. The owner of a stolen vehicle is not responsible for a parking ticket violation from the date it is reported stolen to the Police Department. (b) Any person issued a parking ticket by a parking enforcement specialist shall be deemed to be charged with a noncriminal violation and shall comply with the directions on the ticket. In the event that payment is not received or a response to the ticket is not made within the time period specified thereon, the City shall notify the registered owner of the vehicle which was cited, by mail to the address given on the motor vehicle registration, of the ticket. Mailing of the notice to this address shall constitute notification. Upon notification, the registered owner shall comply with the City's decision. (c) Any person who fails to satisfy the City's directive shall be deemed to waive his right to pay the applicable civil penalty. (d) Any person who elects to appear before a designated official to present evidence shall be deemed to have waived his right to pay the civil penalty provisions of the ticket. The official, after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a civil penalty not to exceed one hundred dollars ($100.00) plus costs. Any person who fails to pay the civil penalty within the time allowed by the City shall be deemed to have been convicted of a parking ticket violation, and the city shall take appropriate measure to enforce collection of the fine. (e) Any provision of(b), (c) and (d) above to the contrary notwithstanding, the provisions of F.S. Ch. 318 shall not apply to violations of the City's regulations. (f) The City shall supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department, or similar digital file, listing persons who have three (3)or more outstanding parking violations or one or more outstanding violations of F.S. § 316.1955. The department shall mark the appropriate registration records of persons so reported. If the applicant's name appears on the list referred to herein, no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until the applicant presents a receipt from the clerk showing that such parking fines have been paid. C:\Users\colin\Downloads\Section 14-14 Parking Meters_DRAFT_Revised.docx Page 280 of 393 EXHIBIT"2" Sec. 14-14.11. Immobilization of vehicles by the city to collect outstanding parking fines (a) Any parking enforcement specialist employed by the City is hereby authorized to attach a "Denver boot"or other nondestructive device,which prevents a vehicle from being moved under its own power, to a motor vehicle under the following conditions: (1) The motor vehicle has, on at least five (5) prior occasions, been found stopped, standing or parked on any street, alley or thoroughfare within the City in violation of a State law or City ordinance for which parking tickets have been issued and to which the registered owner has failed or refused to respond by requesting an administrative hearing before the City Manager's designee or by paying the civil penalties indicated upon the parking tickets. A parking ticket issued for parking in a handicapped parking space shall count as three (3) occasions or tickets for the purposes of this Section. (2) The registered owner of the motor vehicle has been given written notice by mail (to the address listed by the Florida Department of Highway Safety and Motor Vehicles) or otherwise that the provisions of this Section will be enforced against the motor vehicle unless, not more than ten (10) calendar days from the date of receipt of the notice, the owner shall pay the civil penalties for all such outstanding parking tickets, or request an administrative hearing before the City Manager's designee to determine whether the immobilization of the vehicle is warranted or notifies the City that he has requested a court hearing for the unpaid tickets; and (3) The registered owner of the motor vehicle has failed or refused to respond to the notice described in Section (A)(2) above by paying such civil penalties or requesting an administrative hearing or court hearing; and (4) If the owner or operator of such vehicle requests an administrative hearing, the City Manager's designee shall grant an administrative hearing within ten (10)working days from the date of such request. Immobilization shall be warranted if the City Manager's designee finds that the City has correctly followed the notice procedures of this Section and there are a sufficient number of outstanding parking tickets. The owner or operator may appeal the City Manager's designee's decision to the City Manager. (b) The City shall maintain a current list of all motor vehicles to which an immobilizing device may be attached pursuant to this Section. (c) The immobilizing device shall be attached to the motor vehicle at any location within the City where the motor vehicle may be found, if the location is in a right-of-way or a place where the public is invited to travel, except that no motor vehicle shall be immobilized within the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public or to traffic. (d) At the time that an immobilizing device is attached to a motor vehicle, a notice shall be affixed to the windshield and to the left front window (driver's side) stating that the immobilizing device has been attached and cautioning the operator not to attempt to operate the motor vehicle or to attempt to remove the immobilizing device. The notice shall inform the owner or operator of the motor vehicle that the motor vehicle is immobilized because of civil penalties assessed due to unpaid citations, that a removal charge for removal of the immobilizing device has been incurred, and the location to which the owner or operator must go in order to pay the civil penalties and removal charge and have the immobilizing device removed from the motor vehicle. (e) Except as provided in Subsection (F)below, the immobilizing device shall be removed from the motor vehicle only upon payment of the civil penalties assessed under the citations for which the motor vehicle has been immobilized, plus the removal charges, or upon the authorization of the City Manager's designee. Payment may be made in the form of cash, cashier's check, money order, MasterCard or Visa. C:\Users\colin\Downloads\Section 14-14 Parking Meters_DRAFT_Revised.docx Page 281 of 393 EXHIBIT"2" (f) The owner or operator of a vehicle which has been immobilized with an immobilizing device shall have the right to request the City Manager's designee to conduct an administrative hearing for the purpose of determining whether such vehicle was properly immobilized in accordance with the terms of this Section. The hearing shall be held during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays)and within twenty-four(24) hours of such a request being made if the City Manager's designee is available. If said immobilization occurs after normal City business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.)said hearing will be scheduled within twenty-four(24) hours of the opening of the business.The owner or operator requesting the hearing shall receive notice of its date, time and place at the time the request is made. If, upon the conclusion of the hearing, the City Manager's designee determines that the vehicle was properly immobilized in accordance with the terms of this Section, the owner or operator, in order to obtain the removal of the immobilizing device, shall pay the City the amount indicated in subsection (e). If the City Manager's designee determines that the vehicle was not properly immobilized, the immobilizing device shall be removed as soon as possible. The owner or operator may appeal the decision of the City Manager's designee to the City Manager. (g) The removal charge for the authorized removal of an immobilizing device shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission. (h) As an additional remedy, if an immobilizing device remains on a motor vehicle for more than twenty- four (24) hours, any motor vehicle described in subsection (a) may be towed from any location where it may be found within the City, if the location is in a right-of-way or a place where the public is invited to travel, and shall be impounded until the registered owner pays all outstanding civil penalties, the removal charge and the costs of towing and impoundment. (i) This Section shall be applied retrospectively so that any outstanding citation or summons shall be includable in determining whether the requirements of subsection (a)(1) have been met. Q) The City Manager shall have the right to appoint the parking management specialist or another designee to conduct the administrative hearings. (k) If the immobilizing device is destroyed or damaged while placed on a motor vehicle, the owner of the motor vehicle shall be responsible for the costs to repair such damage or to replace the immobilizing device if destroyed. However, in no event shall such charges exceed five hundred dollars ($500.00). Such charges shall be paid prior to the release of the motor vehicle. If an immobilizing device is placed on a motor vehicle and the motor vehicle is moved without returning the immobilizing device,the owner of the motor vehicle shall then be responsible for the replacement cost of the immobilizing device. Sec. 14-14.12. Penalty (a) It shall be unlawful for any person to violate any of the parking regulations referenced in this Chapter. Any person who violates any provision of this chapter will be subject to a penalty, which may include fines, immobilization, or towing. (b) The amount of the fines for the violation of parking regulations shall be established by resolution of the City Commission and may be subsequently amended from time to time by the City Commission. (c) Failure to pay penalties within fourteen (14)days of issuance of the parking violation shall result in a service charge to the violator per citation in addition to the cost of the penalty. The amount of the service charge for the violation of parking regulations enumerated herein shall be established by resolution of the City Commission and may be subsequently amended from time to time by the City Commission. (d) Failure to pay penalties within ninety (90) days or more shall be referred to a registered collection agency which will pursue the collection of the outstanding balance of the unpaid fine along with any collection fees, service charges, or costs accrued for the collection of said fines in an amount not to exceed forty (40) percent of the amount owed at the time the account is referred to the collection agency. C:\Users\colin\Downloads\Section 14-14 Parking Meters_DRAFT_Revised.docx Page 282 of 393 ..........:.. CITY OF BOYNTON BEACH PUBLIC WORKS ( PARKING SERVICES DIVISION 222 NE 9T"AVE• Boynton Beach, FL 33435• (561)742-6200• Fax(561)742-6211 General email: pwadmin@bbfl.us Web site: www.boynton-beach.orq PARKING DIVISION FEE SCHEDULE (Resolution #R20-XXX, Adopted XX/XX/20) I. PARKING RATES: A. PARKING METER ZONE LOCATION AND RATES BOYNTON BEACH OCEANFRONT PARK $1.50 PER HOUR (7:00 AM—9:00 P.M.) $1.50 PER HOUR OR DAILY MAX RATE OF: HARVEY E. OYER JR. PARK WEEKDAY$10 PER DAY WEEKEND$25 PER DAY (24 HOURS) Weekdav includes Monday through Thursday. Weekend includes Fridav, Saturday, Sundav, and all Holidays. II. PARKING PERMITS: A. ANNUAL PERMIT FEES BEACH PARKING PERMIT(RESIDENT) $75.00 PER YEAR BEACH PARKING PERMIT(NON-RESIDENT) $200.00 PER YEAR SENIOR BEACH PARKING PERMIT(RESIDENT) $50.00 PER YEAR Each permit shall cover an annual period from October 1 through September 30. III. VALET PARKING LICENSE (per space): A. VALET LICENSE FEE OCEAN AVENUE FROM SEACREST BOULEVARD TO FEDERAL HIGHWAY $150.00 PER MONTH Requires the execution of a valet parking agreement between the City of Boynton Beach and applicant. IV. VIOLATIONS: A. VIOLATION FEES SECTION 14-14.7 (A) OVERTIME PARKING $25.00 SECTION 14-14.7 (B) EXPIRED METER $25.00 SECTION 14-14.7 (C) VEHICLE PARKED ACROSS LINE DESIGNATED PARKING $25.00 SPACE F.S. 806.13 UNLAWFUL TAMPERING WITH PARKING METER As per F.S. 806.13 DEPOSIT IN PARKING METER SUBSITUTE FOR LAWFUL F.S. 806.13 As per F.S. 806.13 COINS SECTION 14-14.7 (G) UNLAWFUL USE OF PARKING PERMIT $25.00 SECTION 14-14.7 (H) UNLAWFUL PARKING WITHOUT REQUIRED PARKING $25.00 PERMIT SECTION 14-14.7 (I) LICENSE PLATE NOT VISIBLE FROM DRIVE LANES $25.00 (ILLEGALLY BACKED IN) SECTION 14-14.11(G) I REMOVAL OF IMMOBILIZING DEVICE $25.00 C:\Users\colin\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\EVCIB412\Parking Division Fee Schedule-071120 Revised.docx Page 283 of 393 V. PENALTIES: A. PENALTY FEES SECTION 14-14.12 (C) FAILURE TO PAY FEES WITHING FOURTEEN (14) DAYS $25.00 AMOUNT NOT TO SECTION 14-14.12(D) FAILURE TO PAY FEES WITHING NINETY(90) DAYS EXCEED 40%OF AMOUNT OWED Page 2 of 2 C:\Users\colin\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\EVCIB412\Parking Division Fee Schedule-071120 Revised.docx Page 284 of 393 8.B. PUBLIC HEARING 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Proposed Ordinance No. 20-027 - Second Reading -Approving amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-003), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix, Note #34, updating the Home Occupation provisions, in part, to allow one non- resident to assist with operating the home-based business. Explanation of Request: In response to a Commission directive, staff has prepared the accompanying ordinance and proposed amendments to the Land Development Regulations that would allow a home-based business to be supported by one non-resident of the subject home. Home occupations are regulated by the Code of Ordinances, Part I11. Land Development Regulations, Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix, Note#34. Staff also took this opportunity to update the wording of Note#34 to: Reflect current terminology (omitting reference to a "license" in Section 3); Improve clarity through grammar and verbiage corrections (Sections 3 and 4); and Improve accuracy and internal consistency by reference to the City's truck regulations (Section 8). Please see the accompanying exhibit for the above-described proposed amendments to Note#34 of the Zoning Matrix How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended Strategic Plan: Strategic Plan Application: The proposed amendment is intended to increase business and employment opportunities. Climate Action: No Climate Action Discussion: N/A Page 285 of 393 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving changes regarding Home- based business D Attachment Proposed changes Page 286 of 393 1 2 ORDINANCE NO. 20- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 6 FLORIDA AMENDING THE LAND DEVELOPMENT 7 REGULATIONS CHAPTER 3 "ZONING", ARTICLE IV, "USE 8 REGULATIONS," SECTION 3.D. USE MATRIX, NOTE #34 9 UPDATING THE HOME OCCUPATION PROVISIONS, IN 10 PART, TO ALLOW ONE NON-RESIDENT TO ASSIST WITH 11 OPERATING THE HOME-BASED BUSINESS; PROVIDING 12 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, the City Commission has requested amendments to the Land 17 Development Regulations that would allow a home-based business to be supported by one 18 non-resident of the subject home; and 19 WHEREAS, staff has also updated the wording of Note 434 to reflect current 20 terminology; improve clarity through grammar and verbiage corrections; and improved 21 accuracy and internal consistency by reference of the City's truck regulations; and 22 WHEREAS, this amendment is intended to increase business and employment 23 opportunities; and 24 WHEREAS, the City Commission of the City of Boynton Beach has considered the 25 recommendations and has determined that it is in the best interest of the citizens and residents 26 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 27 Regulations as contained herein. 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing whereas clauses are true and correct and are now ratified 31 and confirmed by the City Commission. 32 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 33 "Zoning", Article IV,Use Regulations, Section 3.D.Use Matrix,Note 434 updating the Home 1 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-003)(Home-Based Business) -Ordinance.Docx Page 287 of 393 34 Occupation provisions, in part, to allow one non-resident to assist with operating a home- 35 based business is hereby amended as follows: 36 Note 934. Home Occupation. 37 38 Home occupations shall be permitted subject to these specific regulations designed for the 39 protection of residential neighborhoods, where all of the activity takes place within a 40 structure, and where the principal use is for residential purposes. In order for any home 41 occupation to be permitted or continue to be permitted, the following performance standards 42 shall be agreed to in writing by the applicant and be maintained for the duration of the 43 occupational license: 44 (1) Compatibility. The residential character and integrity of the neighborhood must 45 not be disturbed and the occupational activity at the home shall not be noticeable from off 46 the premises. 47 (2) Size. A home occupation shall only be conducted within twenty percent(20%) 48 of the living area of the dwelling including interior halls, closets and storage areas,but 49 excluding garages, screened porches, accessory buildings or any similar space not suited or 50 intended as living quarters. 51 _ (3) On-site Restrictions. The home occupation shall be conducted at the 4 52roved address only by residents of that dwelling unit and one non-resident and shall only 53 be the type of occupation -that does not involve client/customer b+ts &s- visits to the 54 home, and is typified by business transactions conducted by telephone, mail, or off premises 55 of 1-he lieensed add-ess (The giving of individual instruction to one (1)person at a time, 56 such as an art or piano teacher, shall be deemed a home occupation). 57 - (4) Performance Standards. No equipment or process shall be used in a home 58 occupation �ohthat creates fumes, glare, noise, odors, vibration, or electrical interference 59 detectable to the normal senses off the lot 60 61 fftM y on9�ofloa In the case of electrical interference no equipment or process shall be 62 used which creates visual or audible interference in any radio or television receivers off the 63 premises. 64 (5) Traffic. No traffic shall be generated by a home occupation in greater volumes 65 than would normally be expected in a residential neighborhood, and any need for parking 66 generated by the conduct of a home occupation shall be met by off-street parking which 67 complies with Chapter 4, Article VI. 68 (6) Storage. All storage of materials or supplies used in the home occupation shall 69 be done within the living area of the dwelling unit, within the space limitations specified in 70 subsection 2 above and shall not be visible from adjacent residential units. Contractors, 71 tradespersons and the like shall not use their home garage or yard areas for storage of 72 materials and supplies used in business activities. 73 (7) Signage. No sign or display shall be visible other than a non-illuminated sign, 74 not exceeding two (2) square feet in area,placed on the exterior wall of the residence as 75 close as practical to the front entrance. 76 - (8) Parking. A panel,pick-up truck, van, or similar type of truck that complies with 77 the requirements of Chapter 14 of Part 11, Code of Ordinances and used Principally for the 78 subject home occupation net+10 eXeeeA n e r"4n eh nnnsn enfigur-atiert maybe parked 79 in a residential zoning district. However, such vehicle must be used by a resident of the 80 premises, and no more than one(1) such truck shall be located on the premises. 2 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-003)(Home-Based Business) -Ordinance.Docx Page 288 of 393 81 (9) Miscellaneous. A home occupation shall be subject to all business tax 82 provisions defined in Part II of the City Code of Ordinances. 83 84 Section 3. Each and every other provision of the Land Development Regulations 85 not herein specifically amended, shall remain in full force and effect as originally adopted. 86 Section 4. All laws and ordinances applying to the City of Boynton Beach in 87 conflict with any provisions of this ordinance are hereby repealed. 88 Section 5. Should any section or provision of this Ordinance or any portion 89 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 90 affect the remainder of this Ordinance. 91 Section 6. Authority is hereby given to codify this Ordinance. 92 Section 7. This Ordinance shall become effective immediately. 93 FIRST READING this 7th day of July, 2020. 94 SECOND, FINAL READING AND PASSAGE this day of , 2020. 95 CITY OF BOYNTON BEACH, FLORIDA 96 YES NO 97 98 Mayor— Steven B. Grant 99 100 Vice Mayor—Ty Penserga 101 102 Commissioner—Justin Katz 103 104 Commissioner—Woodrow L. Hay 105 106 Commissioner— Christina L. Romelus 107 108 VOTE 109 110 ATTEST: 111 112 113 114 Crystal Gibson, MMC 115 City Clerk 116 117 118 (Corporate Seal) 3 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-003)(Home-Based Business) -Ordinance.Docx Page 289 of 393 Code of Ordinances, Part III. Land Development Regulations, Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix, Note #34 34. Home Occupation. Home occupations shall be permitted subject to these specific regulations designed for the protection of residential neighborhoods, where all of the activity takes place within a structure, and where the principal use is for residential purposes. In order for any home occupation to be permitted or continue to be permitted, the following performance standards shall be agreed to in writing by the applicant and be maintained for the duration of the occupational license: (1) Compatibility. The residential character and integrity of the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises. (2) Size. A home occupation shall only be conducted within twenty percent (20%) of the living area of the dwelling including interior halls, closets and storage areas, but excluding garages, screened porches, accessory buildings or any similar space not suited or intended as living quarters. (3) On-site Restrictions. The home occupation shall be conducted at the 4ee4se approved address only by residents of that dwelling unit and one non-resident and shall only be the type of occupation that does not involve client/customer b, 4R-eCr visits to the home, and is typified by business transactions conducted by telephone, mail, or off premises ef the hgnnCne4 �,4,4rpCC. (The giving of individual instruction to one (1) person at a time, such as an art or piano teacher, shall be deemed a home occupation). (4) Performance Standards. No equipment or process shall be used in a home occupation c-4that creates fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the lot, if+h® e,ee, Pa+1ioR ar GoRd cted nr° nl _r�rv° ® rpc; �esrs v r° gle family Fesidei . In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. (5) Traffic. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall be met by off-street parking which complies with Chapter 4, Article VI. (6) Storage. All storage of materials or supplies used in the home occupation shall be done within the living area of the dwelling unit, within the space limitations specified in subsection 2 above and shall not be visible from adjacent residential units. Contractors, tradespersons and the like shall not use their home garage or yard areas for storage of materials and supplies used in business activities. Page 290 of 393 (7) Signage. No sign or display shall be visible other than a non-illuminated sign, not exceeding two (2) square feet in area, placed on the exterior wall of the residence as close as practical to the front entrance. (8) Parking. A panel, pick-up truck, van, or similar type of truck that complies with the requirements of Chapter 14 of Part 11, Code of Ordinances and used principally for the subject home occupation, n�+ +�.-1 — may be parked in a residential zoning district. However, such vehicle must be used by a resident of the premises, and no more than one (1) such truck shall be located on c-4 p4-elLhe premises. (9) Miscellaneous. A home occupation shall be subject to all business tax provisions defined in Part 11 of the City Code of Ordinances. Page 291 of 393 9.A. CITY MANAGER'S REPORT 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Police Chief Michael Gregory will discuss the#8Can'tWait recommendations put forth from the 501c3 organization—Campaign Zero. An update will be provided on current use of force standards and the implementation of those standards. 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 Attachment 8 Can't Wait Presentation Page 292 of 393 m � � 1 { ae y ® 1 C4 0 E u ME= C O MI U� + R _ u m imam__ t t t t t t t t s.. r «ia( f, lc' -,,. -, ik { ,p r4, 4,A' Mlk y. f � r,it r.,fir it irl w.�t it ?-�, t 4 jsf4j i \S T t 1 NF v L. b A t �1 ii c r. yob isr,�,r ........< ......... ................'{ l a,��,,,,; .......... .......... ,,,,,,,,,r.;'� SIA! r •� I? �`�r t� � 1 iirt LAIJ Oct co CL N N c (6 CD IC D CMVOW wIt U. 0 FV CL Lo cnp� t� �N;fifttYR4i41 4�`N. RxF i t rv� SAH u F f rn t 00 4-4 CIL fa ZOMWL f cc Go CM 0 ol —' Ck- Lul OL m cu LM 0 10 CD Loro CP LOL I rfi, M` } Y �? 4L.INlU U,. 401 Ni IL 1 4 O Y N „ Ot � CC cc tas CL A f` c 1410-2 asas" J40- Lu tor v ' as EE wo r r � x f n • -. 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Y <9W '. r s ,1 LU ; w WME W uz 'CommCO }' �m IJ�Ay� Z �H V) CLIC xi mid 0 V LUmCi U j• �� 7 8 ( °?a €L J � yQg i Ut 1`�FfS' C p OD qV �4t}jpg� � w 7 Qpm a� 0 U) Lu FR", u LU U FLU i'a `( wQ �a� /may }t�7 co w U 'VI 134Oc LU � o R w 0 }l sft�i}1i = (n 00 VO",I jaW LU m � �100 d oW as is ° s w w 02 0 U >-, r q � w w i � t 's s'tr s t M 4W mg Ia t„ ;"�1 0 • a u '"" 00 0 OLn W 0) J j -J(D (U cc * c ° o - - -C go wo 14 t v u as 0 0 �ILU U 01 Z Z I W 5 Irl J F f \m'J VJ \'MMJ O N O N 4 10.A. UNFINISHED BUSINESS 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Proposed Resolution No. R20-060-Approve the request from New Cingular Wireless PCS, LLC (formerly Bellsouth Mobility Inc.), Lessee to amend the lease agreement for the 150 foot telecommunications tower at 300 East Woolbright Road (City's Little League Field site). This item, Item 6.A. from the July 7th meeting, was tabled. Staff has re-negotiated the proposed lease amendment as directed by the City Commission for in the interest of increasing public access to wireless service within the immediate area of the tower. Only Sections "9. Additional Rent" and "14. Consideration" were revised. The proposed additional rent has remained unchanged; however, details were added to show the association with public wireless access. Also, the applicant has increased the total lump sum consideration by $5,000 to fund the installation of public wireless infrastructure. Explanation of Request: City property has been leased for a telecommunications tower to Bellsouth Mobility Inc. since February 1, 1995 when the original agreement was approved by the City Commission. In June, 2000 the City consented to a first lease amendment (R00-092) to facilitate the transfer of tower maintenance and management responsibility to Crown Castle International. In August, 2007 the City consented to a second lease amendment (R07-093) extending the lease for an additional 15 years to the year 2035; allowing an option to lease 320 square feet more ground space for an additional rent of $15,168 per year; increasing the rent by 5% annually starting in 2020; and providing the City with a lump sum payment of $23,500 upon execution of the lease amendment. This 3rd lease amendment proposes to extend the lease an additional 20 years to September 14, 2055; to include an option to lease 400 square feet of additional ground space with an annual rent increase of $7,200; and include the payment of a lump sum of $25,000 for consideration and execution of the proposed lease amendment. All other lease agreement provisions would remain, including the annual rent escalation of five (5) percent to begin September, 2020. Staff recommends that this request be approved thereby allowing an extension of the lease agreement terms, and a new provision for an option to expand the ground lease area for additional equipment upgrades. How will this affect city programs or services? N/A Fiscal Impact: Current annual rent is $41,037 for a total of 1,320 square feet of ground lease area. The 3rd amendment as proposed would increase annual rent by $7,200 to $48,237 for a total of 1,720 square feet of ground lease area. A lump sum of$25,000 is proposed to be paid to the City for consideration and execution of the 3rd lease amendment. Alternatives: No alternative is recommended. Page 303 of 393 Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Third Amendment to Lease Agreement D Agreement Proposed AT&T 3rd Amendment to Lease Agreement D Exhibit ExIiibit"B" - Survey/Site Plan Page 304 of 393 I RESOLUTION NO. R20-060 2 A RESOLUTION OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH,FLORIDA,APPROVING AND 4 AUTHORIZING THE MAYOR TO SIGN THE THIRD 5 AMENDMENT TO LEASE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND NEW CINGULAR 7 WIRELESS TO PROVIDE FOR ADDITIONAL RENEWAL 8 TERMS BEYOND THE ORIGINAL TERM; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS,City property has been leased for a telecommunications tower to Bellsouth 13 Mobility Inc. since February 1, 1995 when the original agreement was approved by the City 14 Commission; and 15 WHEREAS, in June, 2000 the City consented to a first lease amendment(R00-092)to 16 facilitate the transfer of tower maintenance and management responsibility to Crown Castle 17 International; and 18 WHEREAS, in August, 2007 the City consented to a second lease amendment (R07- 19 093) extending the lease for an additional 15 years to the year 2035; allowing an option to lease 20 320 square feet more ground space for an additional rent of $15,168 per year; increasing the 21 rent by 5% annually starting in September, 2020; and providing the City with a lump sum 22 payment of$23,500 upon execution of the lease amendment; and 23 WHEREAS, this third lease amendment proposes to extend the lease an additional 20 24 years to September 14, 2055; to include an option to lease 400 square feet of additional ground 25 space with an annual rent increase of$7,200; and include the payment of a lump sum of$25,000 26 for consideration and execution of the proposed lease amendment; and 27 WHEREAS, the City Commission of the City of Boynton Beach, Florida, on 28 recommendation of staff, deems it appropriate to approve a Third Amendment to Lease 29 Agreement between the City of Boynton Beach and New Cingular Wireless to provide for 30 additional renewal terms beyond the original term and an option to expand the lease area. s:\ca\REso\Third amendment To Lease agreement With New cingular Wireless-Reso.Docx Page 305 of 393 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption. 35 Section 2. The City Commission does hereby approve and authorize the Mayor and 36 City Clerk to execute a Third Amendment to Lease Agreement between the City of Boynton 37 Beach and New Cingular Wireless to provide for additional renewal terms beyond the original 38 term and an option to expand the lease area, a copy of which is attached hereto and made a part 39 hereof as Exhibit"A". 40 Section 3. This Resolution shall become effective immediately upon its passage and 41 adoption. 42 PASSED AND ADOPTED this 21st day of July, 2020. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 46 Mayor— Steven B. Grant 47 48 Vice Mayor—Ty Penserga 49 50 Commissioner—Justin Katz 51 52 Commissioner—Woodrow L. Hay 53 54 Commissioner— Christina L. Romelus 55 56 VOTE 57 ATTEST: 58 59 60 Crystal Gibson, MMC 61 City Clerk 62 63 64 (Corporate Seal) S:\CA\RESO\Third Amendment To Lease Agreement With New Cingular Wireless-Reso.Docx Page 306 of 393 THIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT ("Third Amendment") is dated as of the latter of the signature dates below(the"Effective Date")by and between CITY OF BOYNTON BEACH, a Florida municipal corporation ("Owner"), having a mailing address of PO Box 310, Boynton Beach, Florida 33425-0310, and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company ("Tenant"), and the successor by merger with BellSouth Personal Communications LLC, a Delaware limited liability company, dated December 31, 2004, by Crown Castle South LLC, a Delaware limited liability company, its attorney in fact("Crown"), having a mailing address of New Cingular Wireless PCS, LLC, 1025 Lenox Park Blvd.,NE, 3rd Floor, Tower Asset Group Atlanta, Georgia 30319 (Owner and Tenant, collectively, the "Parties"). WITNESSETH: WHEREAS, Owner owns that certain real property located in Palm Beach County,Florida as further described on Exhibit A, attached hereto and by this reference made a part hereof(the "Parent Parcel"); and WHEREAS, Owner and BellSouth Mobility Inc., a Georgia corporation ("BellSouth"), entered into that certain Lease Agreement dated February 1, 1995 (as amended and assigned, the "Agreement"), which was recorded in Book 8874, Page 1260 on the Palm Beach County Public Records, as amended by that certain Amendment to Lease Agreement dated August 1, 2000, as adopted by Owner on August 21, 2007, by that certain Resolution No. R07-093, whereby Owner leased to BellSouth a portion of that property (said leased portion being the "Property")located at 300 West Woolbright Road (Tax Parcel 08-43-45-33-14-000-0051), Boynton Beach, Palm Beach County, Florida, together with certain access, utility and/or maintenance easements and/or rights of way granted in the Agreement; and WHEREAS, Tenant succeeded to BellSouth's interest in the Agreement; and WHEREAS, Owner and Tenant entered into that Second Amendment to Lease Agreement dated December 16, 2007 ("Second Amendment"), which extended the term of the Agreement to September 14, 2035 and granted to Tenant an option to lease 320 square feet of property contiguous to the Property ("Option"), a memorandum of which is recorded in Book 24042, Page 716 in the Palm Beach County Public Records; and WHEREAS, the term of the Agreement commenced on September 15, 1995, and has an original term, including all Extension Terms (as defined in the Agreement), that will expire on September 14, 2035 ("Original Term"), and Owner and Tenant now desire to amend the terms of the Agreement to provide for additional Extension Terms beyond the Original Term, to expand the Property, to exercise the Option, and to make other changes. NOW THEREFORE, in exchange for the mutual promises contained herein, Owner and Tenant agree to amend the Agreement as follows: Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 1 PPAB 4273623V9 Page 307 of 393 I. Recitals. The foregoing recitals are true and correct in all respects and are hereby made a part of this Third Amendment for all purposes. 2. Status of Parties/Estoppel. All parties acknowledge that, to the best of its knowledge, the Parties have complied in all material respects with the obligations under the Agreement occurring on or prior to the Effective Date and that, to the best of its knowledge, the Parties are not in default under the terms of the Agreement. 3. Defined Terms. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 4. Exercise of Option. Tenant does hereby exercise its Option, and the Parties agree that this Third Amendment shall satisfy Tenant's requirement to provide written notice to exercise the Option and to enter in to an amendment to the Agreement (as required in the Second Amendment). All references to"Property"in the Agreement shall be amended to include the area depicted as the "Amendment Parcel" on Exhibit B, attached hereto and incorporated herein by reference, and described as the"Amendment Parcel"by metes and bounds on Exhibit C-1, attached hereto and incorporated herein by reference. 5. Subparagraph 4.b. Amendment. Section 4.b. of the Agreement is hereby amended by replacing "seven (7)" with "eleven (11)", thereby adding four (4) additional five (5) year Extension Terms to the Agreement beyond the Original Term, and extending its total term to September 14, 2055, unless sooner terminated as provided in the Agreement. 6. Subparagraph 4.c. Amendment. Subparagraph 4.c. of the Agreement is hereby amended by adding the following language to the end of such subparagraph: Following the expiration of the seventh Extension Term, annual rent shall continue to increase annually by five percent (5%) over the annual rental that was in effect during the previous year. 7. Subparagraph 4.e. Amendment. Subparagraph 4.e. of the Agreement is hereby amended by deleting all references to"seventh(7th)five(5)year term" and inserting in lieu thereof "eleventh (11th)five (5)year term." 8. Additional Space. Owner hereby leases to Tenant four hundred (400) square feet of additional property (the "Additional Space") to increase the size of the Property leased by Owner to Tenant to approximately 1,720 square feet, as same is depicted as the "Crown New Overall Tower Parcel" on Exhibit B attached hereto and incorporated herein by reference, and described as the "Crown New Overall Tower Parcel" by metes and bounds on Exhibit C attached hereto and incorporated herein by reference, and Owner does hereby lease same to Tenant for those uses provided for in the Agreement. The Additional Space is depicted as those areas identified as "Additional Ground Parcel `A"', "Additional Ground Parcel B"', .Additional Ground Parcel `C"', and "Additional Ground Parcel `D"', on Exhibit B, and is described as "Additional Ground Parcel `A"', "Additional Ground Parcel 'B"', "Additional Ground Parcel `C"', and "Additional Ground Parcel `D"',by metes and bounds on Exhibit C-2, attached hereto and incorporated herein Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 2 PPAB 4273623V9 Page 308 of 393 by reference. All references to "Property" in the Agreement shall be amended to include the Additional Space. The Agreement is amended to reflect such increase in the size of the Property, and Exhibit B and Exhibit C attached to this Third Amendment shall replace any and all descriptions of the Property. 9. Additional Rent. In addition to the rent currently paid by Tenant to Owner pursuant to the Agreement, Tenant shall pay to Owner rent for the Additional Space equal to Three Hundred Dollars ($300.00) per month, and Three Hundred Dollars ($300.00) per month to fund public wireless access within the surrounding City owned park (the "Additional Rent"). The first payment of the Additional Rent shall be due on the first(1st) day of the month following the date that Tenant completes construction of its improvements within the Additional Space, and each subsequent payment shall be due on the first (1st) day of each month thereafter. Additional Rent shall increase in the same manner and on the same date as rent increases for the Property pursuant to Section 4.c. of the Agreement. 10. Default. Owner shall be able to terminate the Agreement only in the event of a default by Tenant, which default is not cured within either (a) ten (10) business days of Tenant's receipt of written notice of a monetary default, or(b) sixty (60) days of Tenant's receipt of written notice of a non-monetary default; provided, however, in the event that Tenant has diligently commenced to cure a non-monetary default within sixty (60) days of Tenant's actual receipt of notice thereof and reasonably requires additional time beyond the 60-day cure period described herein to effect such cure, Tenant shall have such additional time as is necessary (beyond the 60- day cure period)to effect the cure. 11. Easements. (a) In addition to any easements and rights of way granted in the Agreement, Owner hereby grants to Tenant a non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicles, including trucks, over and across those driveways and access roads leading to and from Southwest 3rd Street and the Property. (b) The description and location of those easements and rights of way for utilities granted in the Agreement are amended to reflect the "Crown 20' Wide Non-Exclusive Utility Easement" shown on Exhibit B attached hereto and described as the"Crown 20' Wide Non-Exclusive Utility Easement" by metes and bounds in Exhibit C attached hereto. Owner does hereby grant said easements and rights of way to Tenant for those purposes provided for in the Agreement. Exhibit B_ and Exhibit C attached hereto shall replace any and all descriptions of the existing easements and rights of way for access and utilities in the Agreement; provided, however, in the event the location(s) of any of Tenant's or its subtenants' or licensees' existing utilities and/or access routes are not depicted or described on Exhibit B or Exhibit C, Tenant's easement rights over such area(s) shall remain in full force and effect. 12. Owner and Tenant Acknowledgments. Except as modified herein, the Agreement and all provisions contained therein remain in full force and effect, and are hereby ratified and affirmed. The Parties hereby agree, to the best of their respective knowledge, that no defaults exist under the Agreement and no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by the other party under the Agreement. To the extent Tenant needed consent and/or approval from Owner for any Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 3 PPAB 4273623V9 Page 309 of 393 of Tenant's activities at and uses of the Property prior to the Effective Date, Owner's execution of this Third Amendment is and shall be considered consent to and approval of all such activities and uses. Owner hereby acknowledges and agrees that Tenant shall not need consent and/or approval from Owner for any future activities at or uses of the Property, including, without limitation, subleasing and licensing to additional customers all or any portion of Tenant's interest in the Agreement, as modified by this Third Amendment. The terms, provisions, and conditions of this Section 13 shall survive the execution and delivery of this Third Amendment. 13. Notices. The Parties hereby replace any notice address for Tenant under the Agreement with the following: Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration RE: Cell Site # 811576 Cell Site Name: ABBB Fixed Asset# 10023465 1025 Lenox Park Blvd. NE 3rd Floor Tower Asset Group Atlanta, GA 30319 With a copy to: AT&T Legal Department-Network Attn: Network Counsel Re: 10023465 208 S. Akard Street Dallas, Texas, 75202-4206 With a copy to: Crown Castle South LLC c/o Crown Castle USA Inc. General Counsel Attn: Legal-Real Estate Department 2000 Corporate Drive Canonsburg, Pennsylvania 15317-8564 14. Consideration. For amending the Agreement to increase the size of the Property in accordance with this Third Amendment, Tenant agrees to pay to Owner Twenty Thousand Dollars ($25,000.00), which is comprised of a payment of additional consideration of Five Thousand Dollars ($5,000.00), a signing bonus of Fifteen Thousand Dollars ($15,000.00), and an additional payment of $5,000 for the installation of public wireless infrastructure within the surrounding City owned park. Owner acknowledges that the signing bonus may be paid by Crown on behalf of Tenant. By signing this Third Amendment, Owner agrees to accept the signing bonus from Crown, and Owner further agrees that the acceptance by Owner of the signing bonus will be a complete accord and satisfaction of that said obligation. Upon payment of the signing bonus, Owner waives and releases Tenant and Crown from any and all claims Owner may have pursuant Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 4 PPAB 4273623V9 Page 310 of 393 to the Agreement(or otherwise) related to or arising out of the signing bonus. The payment shall be made within thirty (30) days of full execution of this Third Amendment by both parties. 15. Representations, Warranties and Covenants of Owner. Owner represents, warrants and covenants to Tenant that: (i) Owner has the full power and authority to enter into and perform its obligations under this Third Amendment, and, to the extent applicable, the person(s) executing this Third Amendment on behalf of Owner, has the authority to enter into and deliver this Third Amendment on behalf of Owner; (ii)no consent, authorization, order, or approval of, or filing or registration with, any governmental authority or other person or entity is required for the execution and delivery by Owner of this Third Amendment; (iii) Owner has complied with all applicable laws in entering into this Third Amendment, including, without limitation, any laws requiring prior public notice or opportunity for bidding or public disclosures on same, and Owner is relying on such compliance in entering into this Third Amendment; (iv) Owner is the sole owner of the Property and all other portions of the Parent Parcel; and (v) there are no agreements, liens, encumbrances, claims, claims of lien, proceedings, or any right of any individual, entity or governmental authority arising under an option, right of first refusal, lease, license, easement or other instrument, or other matters (whether filed or recorded in the applicable public records or not) related to, encumbering, asserted against, threatened against, and/or pending with respect to the Property or any other portion of the Parent Parcel which do or could (now or any time in the future) adversely impact, limit, and/or impair Tenant's rights under the Agreement, as amended and modified by this Third Amendment. The representations and warranties of Owner made in this section shall survive the execution and delivery of this Third Amendment. Owner hereby does and agrees to indemnify Tenant for any damages, losses, costs, fees, expenses, or charges of any kind sustained or incurred by Tenant as a result of the breach of the representations and warranties made herein or if any of the representations and warranties made herein prove to be untrue. The aforementioned indemnification shall survive the execution and delivery of this Third Amendment. 16. IRS Form W-9. Owner agrees to provide Tenant with a completed IRS Form W- 9, or its equivalent, upon execution of this Third Amendment and at such other times as may be reasonably requested by Tenant. In the event the Property is transferred, the succeeding Owner shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in Rent to the new landlord. Owner's failure to provide the IRS Form W-9 within thirty (30) days after Tenant's request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from Rent payments. 17. Construction of Documents. Each party hereto acknowledges that this Third Amendment shall not be construed in favor of or against the drafter hereof. 18. Remainder of Agreement Unaffected. In all other respects, the remainder of the Agreement shall remain in full force and effect. Any portion of the Agreement that is inconsistent with this Third Amendment is hereby amended to be consistent with this Third Amendment. 19. Headings. The headings contained in this Third Amendment are for reference purposes only and shall not modify or affect this Third Amendment in any manner whatsoever. Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 5 PPAB 4273623V9 Page 311 of 393 20. Entire Agreement. The Agreement, as amended by this Third Amendment, embodies the final, entire agreement between the parties with respect to the subject matter of this Third Amendment, and supersedes any and all prior agreements, representations, understandings and commitments, whether oral or written relating to this subject matter, and may not be contradicted or varied by evidence of prior, contemporaneous or subsequent oral agreements or discussions of or on behalf of the parties to this Third Amendment. All of the provisions hereof shall inure to the benefit of and be binding upon Owner and Tenant, and their personal representatives, heirs, successors and assigns. 21. Counterparts. This Third Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. 22. Recordation. Tenant and Owner agree that memorandum of this Third Amendment shall be recorded in the public records of Palm Beach County,Florida upon execution of this Third Amendment. The cost for recordation shall be paid by Tenant. 23. Governing Law, Jurisdiction and Venue. The Agreement, as amended by this Third Amendment, has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of Florida. Tenant represents and agrees that it is familiar with all laws, ordinances and regulations. The Agreement, as amended by this Third Amendment, shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise by the laws of the State of Florida. Venue for any action arising from or related to the Agreement, as amended by this Third Amendment, shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 24. Sovereign Immunity. Owner is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement, as amended by this Third Amendment, is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28,Florida Statutes, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, as amended by this Third Amendment, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure Owner of the limitation from liability provided to the State's subdivisions by state law. 25. Waiver. Notwithstanding anything to the contrary contained herein, in no event shall Owner or Tenant be liable to the other for, and Owner and Tenant hereby waive, to the fullest extent permitted under applicable law, the right to recover incidental, consequential (including, without limitation, lost profits, loss of use or loss of business opportunity), punitive, exemplary and similar damages. 26. Tenant's Securitization Rights; Estoppel. Owner hereby consents to the granting by Tenant of one or more leasehold mortgages, collateral assignments, liens, and/or other security interests (collectively, a"Security Interest")in Tenant's interest in this Agreement, as amended by this Third Amendment, and all of Tenant's property and fixtures attached to and lying within the Property, and Owner further consents to the exercise by Tenant's mortgagee of its rights to exercise Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 6 PPAB 4273623V9 Page 312 of 393 its remedies, including without limitation, foreclosure, with respect to any such Security Interest. Owner shall recognize the holder of any such Security Interest of which Owner is given prior written notice (any such holder, a"Holder") as"Tenant" hereunder in the event a Holder succeeds to the interest of Tenant hereunder by the exercise of such remedies. Owner further agrees to execute a written estoppel certificate within thirty (30) days of written request of the same by Tenant or Holder. [SIGNATURES COMMENCE ON FOLLOWING PAGE] Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 7 PPAB 4273623V9 Page 313 of 393 IN WITNESS WHEREOF, the undersigned parties have caused this Third Amendment to be duly executed as of the Effective Date. ATTEST: OWNER: CITY OF BOYNTON BEACH, a Florida municipal corporation City Clerk By: (SEAL) Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Office of the City Attorney Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 8 PPAB 4273623V9 Page 314 of 393 WITNESSES: TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company Print Name: By: Crown Castle South LLC a Delaware limited liability company Its: Attorney in Fact Print Name: By: (SEAL) Print Name: Title: Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 9 PPAB 4273623V9 Page 315 of 393 EXHIBIT A PARENT PARCEL (PALM BEACH COUNTY PROPERTY APPRAISER TAX ROLL) S/D OF 33-45-43, W 3/4 LT 5 (LESS PB30P154, PB114P9 & PB 125P99) Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 316 of 393 EXHIBIT B [ATTACHED HERETO] Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 317 of 393 EXHIBIT C Page 1 of 2 CROWN NEW OVERALL TOWER PARCEL THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°53'35" EAST FOR 9.00 FEET; THENCE NORTH 02°06'25" WEST FOR 6.00 FEET; THENCE NORTH 87053'35" EAST FOR 8.00 FEET; THENCE SOUTH 02006'25" EAST FOR 6.00 FEET; THENCE NORTH 87053'35" EAST FOR 6.00 FEET; THENCE NORTH 87026'58" EAST FOR 16.00 FEET; THENCE SOUTH 02006'25" EAST FOR 24.87 FEET; THENCE SOUTH 19043'57" WEST FOR 16.44 FEET; THENCE SOUTH 87053'35" WEST FOR 14.61 FEET; THENCE SOUTH 00031'24" EAST FOR 10.60 FEET; THENCE SOUTH 6100705" WEST FOR 3.21 FEET; THENCE SOUTH 87018'20"WEST FOR 0.93 FEET; THENCE SOUTH 03003'39" EAST FOR 8.64 FEET; THENCE EASTERLY, SOUTHERLY, WESTERLY, AND NORTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 3.46 FEET, A CENTRAL ANGLE OF 323026'50", AND A CHORD OF 2.17 FEET THAT BEARS SOUTH 63055'46" WEST, FOR 19.56 FEET; THENCE NORTH 03003'39" WEST FOR 9.58 FEET; THENCE NORTH 59022'58" WEST FOR 3.09 FEET; THENCE NORTH 00010'06" EAST FOR 7.67 FEET; THENCE NORTH 61021'44" WEST FOR 2.77 FEET; THENCE NORTH 02006'25" WEST FOR 1.25 FEET; THENCE SOUTH 87053'35" WEST FOR 7.50 FEET; THENCE NORTH 02006'25" WEST FOR 40.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 1,720 SQUARE FEET (0.039 ACRES), MORE OR LESS. Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 318 of 393 EXHIBIT C Page 2 of 2 CROWN 20 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE SOUTH 02006'25" EAST ALONG THE WESTERLY LINE OF SAID TOWER PARCEL FOR 14.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 89°31'12" WEST FOR 30.13 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST 3RD STREET AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. AN ANGLE POINT IN SAID WESTERLY LINE; THENCE NORTH 87053'35" EAST ALONG SAID EASTERLY LINE FOR 7.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87053'35" EAST ALONG SAID EASTERLY LINE FOR 4.48 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE SOUTH 03003'39" EAST ALONG SAID EASTERLY LINE FOR 12.01 FEET; THENCE NORTH 59022'58" WEST FOR 3.09 FEET; THENCE NORTH 00010'06" EAST FOR 7.67 FEET; THENCE NORTH 61021'44" WEST FOR 2.77 FEET; THENCE NORTH 02006'25" WEST FOR 1.25 FEET TO SAID POINT OF BEGINNING. CONTAINING 603 SQUARE FEET (0.014 ACRES), MORE OR LESS. Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 319 of 393 EXHIBIT C-1 AMENDMENT PARCEL THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87053'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL AND THE POINT OF BEGINNING; THENCE NORTH 87026'58" EAST FOR 16.00 FEET; THENCE SOUTH 02006'25" EAST ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID TOWER PARCEL FOR 20.00 FEET; THENCE SOUTH 87026'58" WEST FOR 16.00 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE; THENCE NORTH 02006'25"WEST ALONG SAID EASTERLY LINE FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 320 SQUARE FEET (0.007 ACRES), MORE OR LESS. Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 320 of 393 EXHIBIT C-2 Page 1 of 3 ADDITIONAL GROUND PARCEL "A" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87053'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 9.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02006'25" WEST FOR 6.00 FEET; THENCE NORTH 87053'35" EAST ALONG A LINE PARALLEL WITH SAID NORTHERLY LINE FOR 8.00 FEET; THENCE SOUTH 02006'25" EAST FOR 6.00 FEET TO AN INTERSECTION WITH SAID NORTHERLY LINE; THENCE SOUTH 87053'35" WEST ALONG SAID NORTHERLY LINE FOR 8.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 48 SQUARE FEET (0.007 ACRES), MORE OR LESS. ADDITIONAL GROUND PARCEL "B" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89043'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01023'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87053'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 02006'25" EAST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR 20.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87026'58" EAST FOR 16.00 FEET; THENCE SOUTH 02006'25" EAST ALONG A LINE PARALLEL WITH SAID EASTERLY LINE FOR 4.87 FEET; THENCE SOUTH 19043'57" WEST FOR 16.44 FEET; THENCE SOUTH 87053'35" WEST FOR 9.89 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE AND THE MOST EASTERLY CORNER OF Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 321 of 393 Page 2 of 3 SAID TOWER PARCEL; THENCE NORTH 02°06'25" WEST ALONG SAID EASTERLY LINE FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 274 SQUARE FEET (0.006 ACRES), MORE OR LESS. ADDITIONAL GROUND PARCEL "C" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87053'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 02006'25" EAST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR 40.00 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE AND THE MOST EASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 87°53'35" WEST ALONG SAID EASTERLY LINE FOR 4.72 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°31'24" EAST FOR 10.60 FEET; THENCE SOUTH 61°07'05" WEST FOR 3.21 FEET; THENCE SOUTH 87018'20" WEST FOR 0.93 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE; THENCE NORTH 03003'39" WEST ALONG SAID EASTERLY LINE FOR 12.06 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE NORTH 87053'35" EAST ALONG SAID EASTERLY LINE FOR 4.30 FEET TO SAID POINT OF BEGINNING. CONTAINING 47 SQUARE FEET, MORE OR LESS. ADDITIONAL GROUND PARCEL "D" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89043'19" WEST ALONG THE Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 322 of 393 Page 3 of 3 NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE SOUTH 02006'25" EAST ALONG THE WESTERLY LINE OF SAID TOWER PARCEL FOR 40.00 FEET TO AN ANGLE POINT IN SAID WESTERLY LINE; THENCE NORTH 87053'35" EAST ALONG SAID EASTERLY LINE FOR 7.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUENORTH 87053'35" EAST ALONG SAID EASTERLY LINE FOR 4.48 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE SOUTH 03003'39" EAST ALONG SAID EASTERLY LINE FOR 12.01 FEET; THENCE NORTH 59022'58" WEST FOR 3.09 FEET; THENCE NORTH 00010'06" EAST FOR 7.67 FEET; THENCE NORTH 61021'44" WEST FOR 2.77 FEET; THENCE NORTH 02006'25" WEST FOR 1.25 FEET TO SAID POINT OF BEGINNING. CONTAINING 31 SQUARE FEET, MORE OR LESS. Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 323 of 393 Prepared out of State Return to: Crown Castle 1220 Augusta, Suite 500 Houston, Texas 77057 Tax Parcel#08-43-45-33-14-000-0051 Cross Index with Book 8874,Page 1260 Book 24042,Page 716 MEMORANDUM OF THIRD AMENDMENT TO LEASE AGREEMENT THIS MEMORANDUM OF THIRD AMENDMENT TO LEASE AGREEMENT ("Amended Memorandum")is made effective this day of , 2020, by and between CITY OF BOYNTON BEACH, a Florida municipal corporation ("Owner"), having a mailing address of 100 East Boynton Beach Boulevard, Boynton Beach,Florida 33425, and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company ("Tenant"), and the successor by merger with Bellsouth Personal Communications LLC, a Delaware limited liability company, dated December 31, 2004, by Crown Castle South LLC, a Delaware limited liability company, its attorney in fact, having a mailing address of New Cingular Wireless, 1025 Lenox Park Blvd., NE, 3rd Floor, Tower Asset Group Atlanta, Georgia 30319. NOTICE is hereby given of the Agreement(as defined and described below), as amended by the Third Amendment to Lease Agreement("Third Amendment"), for the purpose of recording and giving notice of the existence of said Agreement and Third Amendment and to provide notice that Tenant has exercised its option to lease additional land granted in the Second Amendment(as defined herein). To the extent that notice of such Agreement has previously been recorded, then this Amended Memorandum shall constitute an amendment of any such prior recorded notice(s). 1. Parent Parcel and Lease. Owner is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof(the "Parent Parcel") located at 300 West Woolbright Road (Tax Parcel 08-43-45-33-14-000-0051), Boynton Beach, Palm Beach County, Florida. Owner and Tenant (or its predecessor-in-interest) entered into that certain Lease Agreement dated February 1, 1995 (as amended and assigned, the "Agreement") and recorded in Book 8874, Page 1260 on the Palm Beach Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 1 PPAB 4273623V9 Page 324 of 393 County Public Records, pursuant to which the Tenant leases a portion of the Parent Parcel (such portion being the "Property") and is the beneficiary of certain easements for access and public utilities. 2. Term. Owner does hereby lease and grant unto Tenant, its successors and assigns, the Property for eleven (11) additional five (5) year Extension Terms beyond the Original Term, such that the Original Term and all Extension Terms of the Agreement may last for a term of sixty (60) years, expiring on September 14, 2055, unless sooner terminated as provided in the Agreement. 3. Exercise of Option. Tenant exercised its option to lease approximately 320 square feet of additional property ("Amendment Parcel"). All references to"Property"in the Agreement shall be amended to include the area depicted as the "Amendment Parcel" on Exhibit B, attached to the Third Amendment and attached hereto and incorporated herein by reference, and described as the "Amendment Parcel" by metes and bounds on Exhibit C-11 attached to the Third Amendment and attached hereto and incorporated herein by reference. 4. Property Description. Owner hereby leases to Tenant four hundred (400) square feet of additional property (the "Additional Space") to increase the size of the Property leased by Owner to Tenant to approximately 1,720 square feet, as same is depicted as the "Crown New Overall Tower Parcel" on Exhibit B attached to the Third Amendment and attached hereto and incorporated herein by reference, and described as the "Crown New Overall Tower Parcel" by metes and bounds on Exhibit C attached to the Third Amendment and attached hereto and incorporated herein by reference, and Owner does hereby lease same to Tenant for those uses provided for in the Agreement. The Additional Space is depicted as those areas identified as "Additional Ground Parcel `A"', "Additional Ground Parcel B"', "Additional Ground Parcel `C"', and "Additional Ground Parcel `D"', on Exhibit B, and is described as "Additional Ground Parcel `A"', "Additional Ground Parcel B"', "Additional Ground Parcel `C"', and "Additional Ground Parcel `D"', by metes and bounds on Exhibit C-2, attached to the Third Amendment and attached hereto and incorporated herein by reference. All references to "Property" in the Agreement shall be amended to include the Additional Space. The Agreement is amended to reflect such increase in the size of the Property, and Exhibit B and Exhibit C attached to the Third Amendment shall replace any and all descriptions of the Property. 5. Easements. (a) In addition to any easements and rights of way granted in the Agreement, Owner hereby grants to Tenant a non-exclusive right for ingress and egress, seven (7) days a week, twenty-four(24)hours a day, on foot or motor vehicles, including trucks, over and across those driveways and access roads leading to and from Southwest 3rd Street and the Property. (b) The description and location of those easements and rights of way for utilities granted in the Agreement are amended to reflect the "Crown 20' Wide Non-Exclusive Utility Easement" shown on Exhibit B attached to the Third Amendment and attached hereto and described as the "Crown 20' Wide Non-Exclusive Utility Easement" by metes and bounds in Exhibit C attached to the Third Amendment and attached hereto. Owner Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 2 PPAB 4273623V9 Page 325 of 393 does hereby grant said easements and rights of way to Tenant for those purposes provided for in the Agreement. Exhibit B and Exhibit C attached hereto shall replace any and all descriptions of the existing easements and rights of way for access and utilities in the Agreement; provided, however, in the event the location(s) of any of Tenant's or its subtenants' or licensees' existing utilities and/or access routes are not depicted or described on Exhibit B or Exhibit C, Tenant's easement rights over such area(s) shall remain in full force and effect. 6. Effect/Miscellaneous. This Amended Memorandum is not a complete summary of the terms, provisions and conditions contained in the Agreement. In the event of a conflict between this Amended Memorandum and the Agreement, the Agreement shall control. Owner hereby grants the right to Tenant to complete and execute on behalf of Owner any government or transfer tax forms necessary for the recording of this Amended Memorandum. This right shall terminate upon the recording of this Amended Memorandum. 7. Notices. All notices provided under this Amended Memorandum must be in writing and shall be valid upon receipt when delivered to the address provided for each party above. The notice obligations of each party are further provided under the Agreement. 8. Counterparts. This Amended Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 9. Governing Law. This Amended Memorandum shall be governed by and construed in all respects in accordance with the laws of the State in which the Property is situated, without regard to the conflicts of laws provisions of such State. [,SIGNATURES FOLLOW ON NEXT PAGE] Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 3 PPAB 4273623V9 Page 326 of 393 IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and have executed this Amended Memorandum as of the date first above written. ATTEST: OWNER: CITY OF BOYNTON BEACH, a Florida municipal corporation City Clerk By: (SEAL) Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Office of the City Attorney STATE OF ) SS: COUNTY OF ) The foregoing Memorandum of Third Amendment to Lease Agreement was signed, sealed, delivered, and acknowledged before me this day of , 2020, by , as the Mayor of the City of Boynton Beach, a municipal corporation of the State of Florida, who [ ] is personally known to me or who [ ] produced a as identification. (Seal) Notary Public Print Name: My Commission Expires: Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 4 PPAB 4273623V9 Page 327 of 393 IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and have executed this Amended Memorandum as of the date first above written. TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: Crown Castle South LLC, a Delaware limited liability company Its: Attorney in Fact Signed, sealed and delivered in the presence of: By: (SEAL) Print Name: Print Name: Title: Print Name: STATE OF ) SS: COUNTY OF ) The foregoing Memorandum of Third Amendment to Lease Agreement was signed, sealed, delivered, and acknowledged before me this day of , 2020, by New Cingular Wireless PCS,LLC, a Delaware limited liability company,by its Attorney in Fact, Crown Castle South LLC, a limited liability company, by [name], as [title], for and on behalf of Crown Castle South LLC, a Delaware limited liability company, as Attorney in Fact for the New Cingular Wireless PCS, LLC, a Delaware limited liability company, who [ ] is personally known to me or who [ ] produced a as identification. (Seal) Notary Public Print Name: My Commission Expires: Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 5 PPAB 4273623V9 Page 328 of 393 EXHIBIT A PARENT PARCEL (PALM BEACH COUNTY PROPERTY APPRAISER TAX ROLL) S/D OF 33-45-43, W 3/4 LT 5 (LESS PB30P154, PB114P9 & PB 125P99) Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 329 of 393 EXHIBIT B [ATTACHED HERETO] Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 330 of 393 EXHIBIT C Page 1 of 2 CROWN NEW OVERALL TOWER PARCEL THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°53'35" EAST FOR 9.00 FEET; THENCE NORTH 02°06'25" WEST FOR 6.00 FEET; THENCE NORTH 87053'35" EAST FOR 8.00 FEET; THENCE SOUTH 02006'25" EAST FOR 6.00 FEET; THENCE NORTH 87053'35" EAST FOR 6.00 FEET; THENCE NORTH 87026'58" EAST FOR 16.00 FEET; THENCE SOUTH 02006'25" EAST FOR 24.87 FEET; THENCE SOUTH 19043'57" WEST FOR 16.44 FEET; THENCE SOUTH 87053'35" WEST FOR 14.61 FEET; THENCE SOUTH 00031'24" EAST FOR 10.60 FEET; THENCE SOUTH 6100705" WEST FOR 3.21 FEET; THENCE SOUTH 87018'20"WEST FOR 0.93 FEET; THENCE SOUTH 03003'39" EAST FOR 8.64 FEET; THENCE EASTERLY, SOUTHERLY, WESTERLY, AND NORTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 3.46 FEET, A CENTRAL ANGLE OF 323026'50", AND A CHORD OF 2.17 FEET THAT BEARS SOUTH 63055'46" WEST, FOR 19.56 FEET; THENCE NORTH 03003'39" WEST FOR 9.58 FEET; THENCE NORTH 59022'58" WEST FOR 3.09 FEET; THENCE NORTH 00010'06" EAST FOR 7.67 FEET; THENCE NORTH 61021'44" WEST FOR 2.77 FEET; THENCE NORTH 02006'25" WEST FOR 1.25 FEET; THENCE SOUTH 87053'35" WEST FOR 7.50 FEET; THENCE NORTH 02006'25" WEST FOR 40.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 1,720 SQUARE FEET (0.039 ACRES), MORE OR LESS. Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 331 of 393 EXHIBIT C Page 2 of 2 CROWN 20 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE SOUTH 02006'25" EAST ALONG THE WESTERLY LINE OF SAID TOWER PARCEL FOR 14.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 89°31'12" WEST FOR 30.13 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST 3RD STREET AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. AN ANGLE POINT IN SAID WESTERLY LINE; THENCE NORTH 87053'35" EAST ALONG SAID EASTERLY LINE FOR 7.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87053'35" EAST ALONG SAID EASTERLY LINE FOR 4.48 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE SOUTH 03003'39" EAST ALONG SAID EASTERLY LINE FOR 12.01 FEET; THENCE NORTH 59022'58" WEST FOR 3.09 FEET; THENCE NORTH 00010'06" EAST FOR 7.67 FEET; THENCE NORTH 61021'44" WEST FOR 2.77 FEET; THENCE NORTH 02006'25" WEST FOR 1.25 FEET TO SAID POINT OF BEGINNING. CONTAINING 603 SQUARE FEET (0.014 ACRES), MORE OR LESS. Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 332 of 393 EXHIBIT C-1 AMENDMENT PARCEL THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87053'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL AND THE POINT OF BEGINNING; THENCE NORTH 87026'58" EAST FOR 16.00 FEET; THENCE SOUTH 02006'25" EAST ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID TOWER PARCEL FOR 20.00 FEET; THENCE SOUTH 87026'58" WEST FOR 16.00 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE; THENCE NORTH 02006'25"WEST ALONG SAID EASTERLY LINE FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 320 SQUARE FEET (0.007 ACRES), MORE OR LESS. Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 333 of 393 EXHIBIT C-2 Page 1 of 3 ADDITIONAL GROUND PARCEL "A" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87053'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 9.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02006'25" WEST FOR 6.00 FEET; THENCE NORTH 87053'35" EAST ALONG A LINE PARALLEL WITH SAID NORTHERLY LINE FOR 8.00 FEET; THENCE SOUTH 02006'25" EAST FOR 6.00 FEET TO AN INTERSECTION WITH SAID NORTHERLY LINE; THENCE SOUTH 87053'35" WEST ALONG SAID NORTHERLY LINE FOR 8.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 48 SQUARE FEET (0.007 ACRES), MORE OR LESS. ADDITIONAL GROUND PARCEL "B" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89043'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01023'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87053'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 02006'25" EAST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR 20.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87026'58" EAST FOR 16.00 FEET; THENCE SOUTH 02006'25" EAST ALONG A LINE PARALLEL WITH SAID EASTERLY LINE FOR 4.87 FEET; THENCE SOUTH 19043'57" WEST FOR 16.44 FEET; THENCE SOUTH 87053'35" WEST FOR 9.89 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE AND THE MOST EASTERLY CORNER OF Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 334 of 393 EXHIBIT C-2 Page 2 of 3 SAID TOWER PARCEL; THENCE NORTH 02°06'25" WEST ALONG SAID EASTERLY LINE FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 274 SQUARE FEET (0.006 ACRES), MORE OR LESS. ADDITIONAL GROUND PARCEL "C" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87053'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 02006'25" EAST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR 40.00 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE AND THE MOST EASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 87°53'35" WEST ALONG SAID EASTERLY LINE FOR 4.72 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°31'24" EAST FOR 10.60 FEET; THENCE SOUTH 61°07'05" WEST FOR 3.21 FEET; THENCE SOUTH 87018'20" WEST FOR 0.93 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE; THENCE NORTH 03003'39" WEST ALONG SAID EASTERLY LINE FOR 12.06 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE NORTH 87053'35" EAST ALONG SAID EASTERLY LINE FOR 4.30 FEET TO SAID POINT OF BEGINNING. CONTAINING 47 SQUARE FEET, MORE OR LESS. ADDITIONAL GROUND PARCEL "D" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89043'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01023'22" Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 335 of 393 EXHIBIT C-2 Page 3 of 3 EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE SOUTH 02006'25" EAST ALONG THE WESTERLY LINE OF SAID TOWER PARCEL FOR 40.00 FEET TO AN ANGLE POINT IN SAID WESTERLY LINE; THENCE NORTH 87053'35" EAST ALONG SAID EASTERLY LINE FOR 7.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUENORTH 87053'35" EAST ALONG SAID EASTERLY LINE FOR 4.48 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE SOUTH 03003'39" EAST ALONG SAID EASTERLY LINE FOR 12.01 FEET; THENCE NORTH 59022'58" WEST FOR 3.09 FEET; THENCE NORTH 00010'06" EAST FOR 7.67 FEET; THENCE NORTH 61021'44" WEST FOR 2.77 FEET; THENCE NORTH 02006'25" WEST FOR 1.25 FEET TO SAID POINT OF BEGINNING. CONTAINING 31 SQUARE FEET, MORE OR LESS. 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LEGAL 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Readopt Resolution R20-066 and Resolution R20-067. Explanation of Request: Resolution R20-066 (Proposed Millage Rate) and Resolution R20-067 (Fire Assessment)were both adopted at the Special Meeting and Budget Workshop on July 13, 2020. Some members of the public who access the meeting notice online may not have been able to access the agenda or copies of the resolutions although both were physically posted at City Hall. In an abundance of caution the City Commission should readopt both Resolutions. How will this affect city programs or services? n/a Fiscal Impact: none Alternatives: none Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Proposed Millage Resolution 0-066 to be readopted D Resolution Preliminary Rate Fire Assessment Resolution R20-067 to be readopted Page 340 of 393 I RESOLUTION NO. R20-066* 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A PROPOSED MUNICIPAL 5 MILLAGE RATE FOR GENERAL OPERATING 6 BUDGET PURPOSES FOR FISCAL YEAR 2020-2021, 7 STATING A ROLLED-BACK RATE, AND SETTING 8 FORTH THE DATE, TIME AND PLACE OF THE FIRST 9 PUBLIC HEARING; PROVIDING FOR AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, pursuant to Florida Statute 200.065(2)(b) it is the responsibility of the 14 Municipality's governing body to advise the Property Appraiser of its, proposed millage rate, 15 rolled- back millage rate, and the date, time and place of the first public hearing at which the 16 proposed millage rate and tentative budget will be considered. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The above referenced whereas clauses are incorporated herein by 20 reference. 21 Section 2. The City Commission of the City of Boynton Beach,Florida,hereby sets 22 a proposed millage rate of 7.9000 which has been computed to fund the General Operating 23 Budget for Fiscal Year 2020-21. The rolled-back rate is 7.4911. 24 Section 3. The City Commission of the City of Boynton Beach,Florida,hereby sets 25 September 8, 2020 at 5:30 P.M., at Commissioner Chambers, City Hall, 100 East Ocean 26 Avenue, 33435 or by Communication Media Technology (CMT) (information to access a 27 meeting conducted by CMT will be posted on the City's website), or a combination of both, if 28 legally permissible, as the date, time and place of the first public hearing to consider the 29 proposed millage rate and the tentative budget. S:\CA\RESO\Budget\2020-2021 Budget\Proposed Millage 2020-2021(V2)-Reso.Docx *Adopted July 13,2020 and readopted on July 21,2020 Page 341 of 393 30 Section 4. The City Manager of the City of Boynton Beach, Florida, is hereby 31 authorized to execute and submit DR-420 Certification of Taxable Value to the Palm Beach 32 County Property Appraiser's Office. 33 Section 5. This Resolution shall become effective immediately upon its passage and 34 adoption. 35 PASSED AND ADOPTED this 21st day of July, 2020. 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice-Mayor—Ty Penserga 44 45 Commissioner—Justin Katz 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner—Christina L. Romelus 50 51 VOTE 52 53 ATTEST: 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 (Corporate Seal) S:\CA\RESO\Budget\2020-2021 Budget\Proposed Millage 2020-2021(V2)-Reso.Docx *Adopted July 13,2020 and readopted on July 21,2020 Page 342 of 393 CITY OF BOYNTON BEACH, FLORIDA PRELIMINARY RATE RESOLUTION ADOPTED JULY 13, 2020 And READOPTED JULY 21, 2020 100386181.1 306-90018211 Page 343 of 393 TABLE OF CONTENTS SECTION 1. AUTHORITY........................................................................................... 1 SECTION 2. PURPOSE AND DEFINITIONS. ............................................................ 1 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. ........... 6 SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS. ..................................................................................... 6 SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. ..................................................................... 7 GENERAL ............................................................................................... 7 COST APPORTIONMENT..................................................................... 8 RESIDENTIAL PARCEL APPORTIONMENT..................................... 9 NON-RESIDENTIAL PARCEL APPORTIONMENT......................... 10 SECTION 6. COST APPORTIONMENT METHODOLOGY. .................................. 12 SECTION 7. PARCEL APPORTIONMENT METHODOLOGY.............................. 12 SECTION 8. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF PRELIMINARY FIRE RESCUE ASSESSMENTS. ................................................................................... 13 SECTION 9. ASSESSMENT ROLL. .......................................................................... 14 SECTION 10. METHOD OF COLLECTION.............................................................. 14 SECTION 11. AUTHORIZATION OF PUBLIC HEARING...................................... 15 SECTION 12. NOTICE BY PUBLICATION. ............................................................. 15 SECTION 13. NOTICE BY MAIL............................................................................... 15 SECTION 14. APPLICATION OF ASSESSMENT PROCEEDS............................... 15 SECTION 15. CONFLICTS. ........................................................................................ 16 SECTION 16. SEVERABILITY. ................................................................................. 16 SECTION 17. EFFECTIVE DATE. ............................................................................. 16 APPENDIXA ..............................................................................................................A-1 APPENDIXB................................................................................................................B-1 i 100386181.1 306-90018211 *Adopted on July 13,2020 and readopted on July 21,2020 Page 344 of 393 APPENDIXC................................................................................................................0-1 APPENDIXD ..............................................................................................................D-1 APPENDIXE................................................................................................................E-1 APPENDIXF ................................................................................................................F-1 APPENDIXG .............................................................................................................. G-1 APPENDIXH ..............................................................................................................H-1 ii 100386181.1 306-90018211 Page 345 of 393 I RESOLUTION NO. R20-067* 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, 4 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON 5 BEACH, FLORIDA; DESCRIBING THE METHOD OF ASSESSING 6 FIRE RESCUE ASSESSED COSTS AGAINST ASSESSED 7 PROPERTY LOCATED WITHIN THE CITY OF BOYNTON 8 BEACH; DIRECTING THE PREPARATION OF AN ASSESSMENT 9 ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING 10 THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN 11 EFFECTIVE DATE 12 13 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA: 15 SECTION 1. AUTHORITY. 16 This resolution is adopted pursuant to the provisions of Ordinance No. 08-017, 17 Resolution R08-076, Sections 166.021 and 166.041, Florida Statutes, and other applicable 18 provisions of law. 19 SECTION 2. PURPOSE AND DEFINITIONS. 20 This resolution constitutes the Preliminary Rate Resolution as defined in Ordinance 21 08-017 (the "Ordinance"). All capitalized words and terms not otherwise defined herein 22 shall have the meanings set forth in the Ordinance and Resolution R08-076 ("Initial 23 Assessment Resolution"). Unless the context indicates otherwise, words imparting the 24 singular number, include the plural number, and vice versa. As used in this resolution, the 25 following terms shall have the following meanings, unless the context hereof otherwise 26 requires: 27 "Building Area" means the adjusted area of a Building expressed in square feet and 28 reflected on the Tax Roll or, in the event such information is not reflected or determined not 29 to be accurately reflected on the Tax Roll, that area determined by the City. 100386181.1 306-90018211 *Adopted on Juty 13,2020 and readopted on Juty 21,2020 Page 346 of 393 30 "Code Descriptions" mean the descriptions listed in the Fixed Property Use Codes 31 and the Improvement Codes. 32 "Commercial Property" means those Tax Parcels with a Code Description 33 designated as "Commercial" in the Improvement Codes specified in Appendix C. 34 "Cost Apportionment" means the apportionment of the Fire Rescue Assessed Cost 35 among all Property Use Categories according to the Demand Percentages established 36 pursuant to the apportionment methodology described in Section 6 of this Preliminary Rate 37 Resolution. 38 "Demand Percentage" means the percentage of demand for fire rescue services, 39 facilities, or programs attributable to each Property Use Category determined by analyzing 40 the historical demand for fire rescue services as reflected in the Fire Rescue Incident Reports 41 in the State Database under the methodology described in Section 6 of this Preliminary Rate 42 Resolution. 43 "DOR Code" means a property use code established in Rule 12D-8.008, Florida 44 Administrative Code, assigned by the Property Appraiser to Tax Parcels within the City, 45 attached hereto as Appendix D. 46 "Dwelling Unit" means (1) a Building, or a portion thereof, available to be used for 47 residential purposes, consisting of one or more rooms arranged, designed, used, or intended 48 to be used as living quarters for one family only, or(2)the use of land in which lots or spaces 49 are offered for rent or lease for the placement of mobile homes or the like for residential 50 purposes. 51 "Emergency Medical Services" means those services recorded in Incident Reports 52 that assign a"type of situation found code" of 300, 300N, 311, 32, 321, 322, 323, 324, 381, 53 554, and 661. The"type of situation found codes" are attached hereto as Appendix A. 100386181.1 306-90018211 2 Page 347 of 393 54 "Emergency Medical Services Cost" means the amount, other than first response 55 medical rescue services, to be associated with Emergency Medical Services. 56 "Estimated Fire Rescue Assessment Rate Schedule" means that rate schedule 57 attached hereto as Appendix E and hereby incorporated herein by reference, specifying the 58 Fire Rescue Assessed Costs determined in Section 8 of this Preliminary Rate Resolution and 59 the estimated Fire Rescue Assessments established in Section 8 of this Preliminary Rate 60 Resolution. 61 "Fire Rescue Assessed Cost" means: 62 (1) the amount determined by the City Commission to be assessed in any 63 Fiscal Year to fund all or any portion of the cost of the provision of fire rescue services, 64 facilities, or programs, which provide a special benefit to Assessed Property, and shall 65 include, but not be limited to, the following components: (A) the cost of physical 66 construction,reconstruction or completion of any required facility or improvement; (B) the 67 costs incurred in any required acquisition or purchase; (C) the cost of all labor, materials, 68 machinery, and equipment; (D) the cost of fuel, parts, supplies, maintenance, repairs, and 69 utilities; (E) the cost of computer services, data processing, and communications; (F) the 70 cost of all lands and interest therein, leases,property rights, easements, and franchises of any 71 nature whatsoever; (G) the cost of any indemnity or surety bonds and premiums for 72 insurance; (H)the cost of salaries,volunteer pay, workers' compensation insurance, or other 73 employment benefits; (1) the cost of uniforms, training, travel, and per diem; (J) the cost of 74 construction plans and specifications, surveys and estimates of costs; (K) the cost of 75 engineering, financial, legal, and other professional services; (L) the costs of compliance 76 with any contracts or agreements entered into by the City to provide fire rescue services; 77 (M) all costs associated with the structure, implementation, collection, and enforcement of 100386181.1 306-90018211 3 Page 348 of 393 78 the Fire Rescue Assessments, including any service charges of the Tax Collector,or Property 79 Appraiser and amounts necessary to off-set discounts received for early payment of Fire 80 Rescue Assessments pursuant to the Uniform Assessment Collection Act or for early 81 payment of Fire Rescue Assessments collected pursuant to Section 3.02 of the Ordinance; 82 (1) all other costs and expenses necessary or incidental to the acquisition, provision, or 83 construction of fire rescue services, facilities, or programs, and such other expenses as may 84 be necessary or incidental to any related financing authorized by the City Commission by 85 subsequent resolution; (0) a reasonable amount for contingency and anticipated 86 delinquencies and uncollectible Fire Rescue Assessments; and(P)reimbursement to the City 87 or any other Person for any moneys advanced for any costs incurred by the City or such 88 Person in connection with any of the foregoing components of Fire Rescue Assessed Cost. 89 (2) In the event the City also imposes an impact fee upon new growth or 90 development for fire rescue related capital improvements, the Fire Rescue Assessed Cost 91 shall not include costs attributable to capital improvements necessitated by new growth or 92 development that will be paid by such impact fees. 93 (3) In no event shall the Fire Rescue Assessed Cost include any amount 94 attributable to the Emergency Medical Services Cost. 95 "Fire Rescue Incident Reports" means those Incident Reports that do not record 96 Emergency Medical Services. 97 "Fixed Property Use Codes" mean the property use codes used by FFIRS as 98 specified in Appendix B attached hereto and incorporated herein by reference. 99 "FFIRS" means the Florida Fire Incident Reporting System maintained by the 100 Florida State Fire Marshal. 100386181.1 306-90018211 4 Page 349 of 393 101 "Improvement Codes" mean the building use codes assigned by the Property 102 Appraiser to Tax Parcels within the City as specified in Appendix C attached hereto and 103 incorporated herein by reference. 104 "Incident Report" means an individual report filed with the Florida State Fire 105 Marshal under FFIRS. 106 "Industrial/Warehouse Property" means those Tax Parcels with a Code 107 Description designated as "Industrial/Warehouse" in the Improvement Codes specified in 108 Appendix C. 109 "Institutional Property" means those Tax Parcels with a Code Description 110 designated as "Institutional" in the Improvement Codes specified in Appendix C. 111 "Mixed Use Property" means a Tax Parcel that contains Buildings whose use 112 descriptions are capable of assignment under a Code Description in the Improvement Codes 113 in more than one Property Use Category. 114 "Non-Residential Property" means, collectively, Commercial Property, 115 Industrial/Warehouse Property, Institutional Property, and Nursing Home Property. 116 "Nursing Home Property" means those Tax Parcels with a Code Description 117 designated as "Nursing Home" in the Improvement Codes specified in Appendix C. 118 "Parcel Apportionment" means the further apportionment of the Fire Rescue 119 Assessed Cost allocated to each Property Use Category by the Cost Apportionment among 120 the Tax Parcels under the methodology established in Section 7 of this Preliminary Rate 121 Resolution. 122 "Property Use Categories" mean, collectively, all categories of Residential 123 Property and all categories of Non-Residential Property. 100386181.1 306-90018211 5 Page 350 of 393 124 "Residential Property" means, those Tax Parcels with a Code Description 125 designated as "Residential" in the Improvement Codes specified in Appendix C. 126 "State Database" means the incident data specific to the City derived from the 127 FFIRS Incident Reports maintained by the Florida State Fire Marshal. 128 "Tax Parcel" means a parcel of property located within the City to which the 129 Property Appraiser has assigned a distinct ad valorem property tax identification number. 130 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. 131 (A) Upon the imposition of a Fire Rescue Assessment for fire rescue services, 132 facilities, or programs against Assessed Property located within the City, the City shall 133 provide fire rescue services to such Assessed Property. A portion of the cost to provide such 134 fire rescue services, facilities, or programs shall be funded from proceeds of the Fire Rescue 135 Assessments. The remaining cost required to provide fire rescue services, facilities, and 136 programs shall be funded by legally available City revenues other than Fire Rescue 137 Assessment proceeds. No Emergency Medical Services shall be funded from the Fire 138 Rescue Assessment revenues. 139 (B) It is hereby ascertained, determined, and declared that each parcel of 140 Assessed Property located within the City will be benefited by the City's provision of fire 141 rescue services, facilities, and programs in an amount not less than the Fire Rescue 142 Assessment imposed against such parcel, computed in the manner set forth in this 143 Preliminary Rate Resolution. 144 SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE 145 ASSESSMENTS. 146 147 Fire Rescue Assessments shall be imposed against all Tax Parcels within the Property 148 Use Categories. Fire Rescue Assessments shall be computed in the manner set forth in this 149 Preliminary Rate Resolution. 100386181.1 306-90018211 6 Page 351 of 393 150 SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND 151 FAIR APPORTIONMENT. 152 153 It is hereby ascertained and declared that the Fire Rescue Assessed Costs provide a 154 special benefit to the Assessed Property based upon the following legislative determinations 155 and based upon that certain report entitled "City of Boynton Beach Fire Assessment 156 Memorandum," May 2008,prepared by Government Services Group, Inc., which is hereby 157 incorporated herein by reference. Each year since then, the City has engaged Government 158 Services Group to provide assistance to the City in implementing the annual Fire Rescue 159 Assessments, including review of rates and budgets, to maintain consistency with the 160 methodology used by the City and confirmed in Desiderio Corp. v. City ofBoynton Beach, 161 39 So.3d 487 (Fla. 4th DCA 2010). There has been no change in law since the Desiderio 162 decision affecting the City's methodology. 163 GENERAL 164 (A) Upon the adoption of this Preliminary Rate Resolution determining the Fire 165 Rescue Assessed Costs and identifying the Assessed Property to be included in the 166 Assessment Roll, the legislative determinations of special benefit ascertained and declared 167 in Section 1.04 of the Ordinance are hereby ratified and confirmed. 168 (B) It is fair and reasonable to use the Improvement Codes and the DOR Codes 169 of the Cost Apportionment and the Parcel Apportionment because: (1)the Tax Roll database 170 employing the use of such property use codes is the most comprehensive, accurate, and 171 reliable information readily available to determine the property use and Building Area for 172 improved property within the City, and (2) the Tax Roll database within such property use 173 codes is maintained by the Property Appraiser and is thus consistent with parcel designations 174 on the Tax Roll which compatibility permits the development of an Assessment Roll in 175 conformity with the requirements of the Uniform Method of Collection. 100386181.1 306-90018211 7 Page 352 of 393 176 (C) The data available in the Improvement Codes is more useful and accurate to 177 determine Building Area than relying exclusively upon the data maintained in the DOR Code 178 alone because (1) the data maintained in the Improvement Codes reveals the existence of a 179 Building with a different use than the use described on the DOR Code, (2)the Improvement 180 Codes represent records maintained by the Property Appraiser with the most information 181 relative to Building Area regardless of property use and(3)the City conducted field work to 182 ascertain Building use when sufficient information was not available. 183 COST APPORTIONMENT 184 (D) It is fair and reasonable and consistent with the decision from the Florida 185 Supreme Court in the case of City ofNorth Lauderdale v. SMMProperties, Inc., 825 So. 2d 186 343 (Fla. 2002), to exclude from the Fire Rescue Assessed Cost amounts determined to 187 constitute the Emergency Medical Services Cost. 188 (E) Apportioning the Fire Rescue Assessed Cost among classifications of 189 improved property based upon historical demand for fire rescue services,but not Emergency 190 Medical Services, is fair and reasonable and proportional to the special benefit received. 191 (F) The Fire Rescue Incident Reports are the most reliable data available to 192 determine the potential demand for fire rescue services from property use and to determine 193 the benefit to property use resulting from the availability of fire rescue services to protect 194 and serve Buildings located within the Assessed Property and their intended occupants. 195 There exist sufficient Fire Rescue Incident Reports that document the historical demand for 196 fire rescue services from Assessed Property within the Property Use Categories. The 197 Demand Percentage that has been determined for each Property Use Category by an 198 examination of such Fire Rescue Incident Reports is consistent with the experience of the 199 City. Therefore,the use of Demand Percentages that were determined by an examination of 100386181.1 306-90018211 8 Page 353 of 393 200 Fire Rescue Incident Reports is a fair and reasonable method to apportion the Fire Rescue 201 Assessed Costs among the Property Use Categories. 202 (G) The historical demand for fire rescue service availability for multi-family and 203 single-family Residential Property is substantially similar and any difference in the 204 percentage of documented fire rescue calls to such specific property uses is statistically 205 insignificant. 206 (H) As a result of the urbanized character of the City, the suppression of fire on 207 vacant property primarily benefits the Buildings within the adjacent improved property by 208 the containment of the spread of fire rather than the preservation of the vacant property. 209 Therefore, it is fair and reasonable not to apportion any of the Fire Rescue Assessed Costs 210 to vacant property and the Fire Rescue Incident Reports documenting historical fire services 211 provided to vacant property were thus omitted from the Demand Percentage calculation. 212 (1) The level of services required to meet anticipated demand for the rescue 213 services and the corresponding annual fire rescue budget required to fund fire rescue services 214 provided to non-specific property uses would be required notwithstanding the occurrence of 215 any incidents from such non-specific property uses. Therefore, it is fair and reasonable to 216 omit from the Demand Percentage calculation the Fire Rescue Incident Reports documenting 217 fire rescue services provided to non-specific property uses. 218 RESIDENTIAL PARCEL APPORTIONMENT 219 (J) Neither the size nor the value of Residential Property determines the scope 220 of the required fire rescue response. The potential demand for fire rescue services is driven 221 by the existence of a Dwelling Unit and the anticipated average occupant population. 222 (K) Apportioning the Fire Rescue Assessed Cost for fire rescue services 223 attributable to Residential Property on a per Dwelling Unit basis is required to avoid cost 100386181.1 306-90018211 9 Page 354 of 393 224 inefficiency and unnecessary administration and is a fair and reasonable method of Parcel 225 Apportionment based upon historical call data. 226 (L) The City Commission hereby finds that as a consequence of the transient use 227 and potential extraordinary vacancies within Mobile Home Park Property, which vacancies 228 result in the absence of structures on unoccupied spaces, as compared to other Residential 229 Property, and within Recreational Vehicle Park Property as compared to other Commercial 230 Property, as well as the lack of demand for fire rescue services for unoccupied spaces which 231 lack structures, it is fair and reasonable to provide for an extraordinary vacancy adjustment 232 procedure for Mobile Home Park Property and Recreational Vehicle Park Property, using 233 the procedures established in Resolution R11-089. 234 NON-RESIDENTIAL PARCEL APPORTIONMENT 235 (M) The separation of improved Non-Residential Property by actual square 236 footage is fair and reasonable for the purpose of Parcel Apportionment because the demand 237 for fire rescue service is determined and measured by the actual square footage of structures 238 and improvements within benefited parcels. 239 (N) The demand for the availability of fire rescue services diminishes at the outer 240 limit of Building size because a fire occurring in a structure greater than a certain size is not 241 capable of being suppressed under expected conditions and given the availability of fire 242 control combat personnel, equipment and apparatus within the City. In such circumstances, 243 the fire control activities of the City are directed to avoid the spread of the fire event to 244 adjacent Buildings. Therefore, it is fair and reasonable to place a cap on the Building Area 245 classification of benefited parcels within Non-Residential Property based on the fire control 246 personnel, equipment, and apparatus available within the City. 100386181.1 306-90018211 10 Page 355 of 393 247 (0) Institutional Property whose use is exempt from the valorem taxation under 248 Florida law provides facilities and uses to the ownership, occupants, membership as well as 249 the public in general that otherwise might be requested or required to be provided by the 250 City and such property uses serve a legitimate public purpose and provide a public benefit. 251 Therefore, it is fair and reasonable not to impose Fire Rescue Assessments upon such parcels 252 of Institutional Property whose building use is wholly exempt from ad valorem taxation 253 under Florida law. Accordingly,pursuant to Section 2.14 of the Ordinance, no Fire Rescue 254 Assessment shall be imposed upon a parcel of Institutional Property whose use is wholly 255 exempt from the ad valorem taxation under Florida law. 256 (P) Except as provided in subsection (Q) below, Government Property provides 257 facilities and uses to the community, local constituents and the public in general that serves 258 a legitimate public purpose and provides a public benefit. Therefore, it is fair and reasonable 259 not to impose Fire Rescue Assessments upon such parcels of Government Property pursuant 260 to Section 2.14 of the Ordinance. 261 (Q) Government Property that is owned by federal government mortgage entities, 262 such as the Fannie Mae, Freddie Mae, VA and HUD, due to foreclosures are neither serving 263 a governmental purpose nor providing a public benefit but are instead being held by these 264 federal government mortgage entities in a proprietary capacity. Accordingly, these 265 properties shall not be exempted from the Fire Rescue Assessment. 266 (R) Nursing Home Property provides facilities for the care of elderly and disabled 267 residents of the City. Such facilities provide a benefit to the public by offering care and 268 assistance to vulnerable members of the community. Therefore, it is fair and reasonable to 269 impose a Fire Rescue Assessment against Nursing Home Property based on the Fire Rescue 270 Assessment rate established for Institutional Property notwithstanding the Demand 100386181.1 306-90018211 1 1 Page 356 of 393 271 Percentage determined for Nursing Home Property to avoid increasing the cost of care for 272 the elderly and disabled. 273 SECTION 6. COST APPORTIONMENT METHODOLOGY. 274 (A) Utilizing data from the Fire Rescue Incident Reports related to the type of 275 calls and physical location of each call,the City assigned fire rescue incidents located within 276 the City to Property Use Categories. 277 (B) Based upon such assignment of Fire Rescue Incident Reports to Property Use 278 Categories, the number of Fire Rescue Incident Reports filed within a sampling period was 279 determined for each Property Use Category. A Demand Percentage was then determined for 280 each Property Use Category by calculating the percentage that Fire Rescue Incident Reports 281 allocated to each Property Use Category bear to the total number of Fire Rescue Incident 282 Reports documented for all Property Use Categories within the sampling period. 283 (C) Appendix C contains a designation of Code Descriptions by Property Use 284 Category with the Improvement Codes. Such correlation between Code Descriptions by 285 Property Use Category on the Fire Rescue Incident Reports and the Improvement Codes is 286 necessary to allocate the historical demand for fire rescue services, as reflected by the Fire 287 Rescue Incident Reports for Tax Parcels,to the Tax Roll within the Property Use Categories. 288 (D) The Demand Percentage for each Property Use Category was then applied to 289 the Fire Rescue Assessed Costs and the resulting product as the cost allocation of that portion 290 of the Fire Rescue Assessed Costs allocated to each individual Property Use Category. 291 SECTION 7. PARCEL APPORTIONMENT METHODOLOGY. 292 (A) The apportionment among Tax Parcels of that portion of the Fire Rescue 293 Assessed Costs allocated to each Property Use Category under the Cost Apportionment shall 294 be consistent with the Parcel Apportionment methodology described and determined in 100386181.1 306-90018211 12 Page 357 of 393 295 Appendix F, which Parcel Apportionment methodology is hereby approved, adopted, and 296 incorporated into this Preliminary Rate Resolution by reference. 297 (B) It is hereby acknowledged that the Parcel Apportionment methodology 298 described and determined in Appendix F is to be applied in the calculation of the estimated 299 Fire Rescue Assessment rates established in Section 8 of this Preliminary Rate Resolution. 300 SECTION 8. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; 301 ESTABLISHMENT OF PRELIMINARY FIRE RESCUE 302 ASSESSMENTS. 303 304 (A) The Fire Rescue Assessed Costs to be assessed and apportioned among 305 benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the 306 Fiscal Year commencing October 1, 2020, is the amount determined in the Estimated Fire 307 Rescue Assessment Rate Schedule,which is attached hereto as Appendix E and incorporated 308 herein by reference. The approval of the Estimated Fire Rescue Assessment Rate Schedule 309 by the adoption of this Preliminary Rate Resolution determines the amount of the Fire 310 Rescue Assessed Cost. The remainder of such Fiscal Year budget for bre rescue services, 311 facilities, and programs shall be funded from legally available City revenue other than Fire 312 Rescue Assessment proceeds. 313 (B) The estimated Fire Rescue Assessments specified in the Estimated Fire 314 Rescue Assessment Rate Schedule are hereby established to fund the specified Fire Rescue 315 Assessed Costs determined to be assessed in the Fiscal Year commencing October 1, 2020. 316 No portion of such Fire Rescue Assessed Cost is attributable to impact fee revenue that funds 317 capital improvements necessitated by new growth or development. Further, no portion of 318 such Fire Rescue Assessed Costs is attributable to the Emergency Medical Services Cost. 319 (C) The estimated Fire Rescue Assessments established in this Preliminary Rate 320 Resolution shall be the estimated assessment rates applied by the City Manager in the 100386181.1 306-90018211 13 Page 358 of 393 321 preparation of the preliminary Assessment Roll for the Fiscal Year commencing October 1, 322 2020, as provided in Section 9 of this Preliminary Rate Resolution. 323 SECTION 9. ASSESSMENT ROLL. 324 (A) The City Manager is hereby directed to prepare, or cause to be prepared, a 325 preliminary Assessment Roll for the Fiscal Year commencing October 1, 2020, in the 326 manner provided in the Ordinance. The Assessment Roll shall include all Tax Parcels within 327 the Property Use Categories. The City Manager shall apportion the estimated Fire Rescue 328 Assessed Cost to be recovered through Fire Rescue Assessments in the manner set forth in 329 this Preliminary Rate Resolution. 330 (B) A copy of this Preliminary Rate Resolution, documentation related to the 331 estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition 332 of Fire Rescue Assessments, and the preliminary Assessment Roll shall be maintained on 333 file in the office of the City Clerk and open to public inspection. The foregoing shall not be 334 construed to require that the preliminary Assessment Roll be in printed form if the amount 335 of the Fire Rescue Assessment for each parcel of property can be determined by the use of 336 a computer terminal available to the public. 337 (C) It is hereby ascertained, determined, and declared that the method of 338 determining the Fire Rescue Assessments for fire rescue services as set forth in this 339 Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Rescue 340 Assessed Cost among parcels of Assessed Property located within the City. 341 SECTION 10. METHOD OF COLLECTION. 342 It is hereby declared that pursuant to Section 3.01 of the Ordinance that the Fire 343 Rescue Assessments shall be collected and enforced pursuant to the Uniform Assessment 344 Collection Act for Fiscal Year 2020-2021. 100386181.1 306-90018211 14 Page 359 of 393 345 SECTION 11. AUTHORIZATION OF PUBLIC HEARING. 346 There is hereby established a public hearing to be held at 5:30 p.m. on September 8, 347 2020, at Commissioner Chambers, City Hall, 100 East Ocean Avenue, 33435 or by 348 Communication Media Technology (CMT) (information to access a meeting conducted by 349 CMT will be posted on the City's website), or a combination of both, if legally permissible, 350 at which time the City Commission will receive and consider any comments on the Fire 351 Rescue Assessments from the public and affected property owners and consider imposing 352 Fire Rescue Assessments. 353 SECTION 12. NOTICE BY PUBLICATION. 354 Pursuant to the requirements of the Ordinance, the City Manager shall publish a 355 notice of the public hearing authorized by Section 11 hereof in the manner and time provided 356 in Section 2.04 of the Ordinance. The notice shall be published no later than August 21, 357 2020, in substantially the form attached hereto as Appendix G. 358 SECTION 13. NOTICE BY MAIL. 359 The City Manager shall also provide mailed notice for the public hearing authorized 360 by Section 11 hereof as required by Section 2.05 of the Ordinance, no later than August 21, 361 2020. Any notice provided by mail in addition to the annual TRIM notices shall be in 362 substantially the form attached hereto as Appendix H. 363 SECTION 14. APPLICATION OF ASSESSMENT PROCEEDS. 364 The revenue derived from the City's Fire Rescue Assessments will be utilized for the 365 provision of fire rescue services, facilities, and programs, as reflected by the Fire Rescue 366 Assessed Cost. In the event there is any fund balance remaining at the end of the Fiscal 367 Year, such balance shall be carried forward and used only to fund fire rescue services, 100386181.1 306-90018211 15 Page 360 of 393 368 facilities, and programs. No Emergency Medical Services shall be funded from the Fire 369 Rescue Assessment revenues. 370 SECTION 15. CONFLICTS. 371 All resolutions or parts of resolutions in conflict herewith are hereby repealed to the 372 extent of such conflict. 373 SECTION 16. SEVERABILITY. 374 If any clause, section, other part or application of resolution is held by any Court of 375 competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not 376 affect the validity of the remaining portions or applications of this Resolution. 377 SECTION 17. EFFECTIVE DATE. 378 This Preliminary Rate Resolution shall take effect immediately upon its passage and 379 adoption. 380 100386181.1 306-90018211 16 Page 361 of 393 381 PASSED AND ADOPTED this 21st day of July, 2020. 382 383 384 CITY OF BOYNTON BEACH, FLORIDA 385 386 YES NO 387 Mayor— Steven B. Grant 388 389 Vice Mayor— Ty Penserga 390 391 Commissioner—Justin Katz 392 393 Commissioner—Woodrow L. Hay 394 395 Commissioner - Christina L. Romelus 396 397 398 399 ATTEST: 400 401 402 403 Crystal Gibson, MMC 404 City Clerk 405 406 407 (Corporate Seal) 408 100386181.1 306-90018211 17 Page 362 of 393 APPENDIX A FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES A-1 100386181.1 306-90018211 Page 363 of 393 Situation Found Description EMS Type Call 100 Fire,Other N 111 Building Fire N 112 Fires in structures other than in a building N 113 Cooking fire,confined to a container N 116 Fuel bumer/boiler malfunction,fire confined N 118 Trash or rubbish fire,contained N 130 Mobile property(vehicle)fire,other N 131 Passenger vehicle fire N 132 Road freight or transport vehicle fire N 134 Water vehicle fire N 137 Camper or RV fire N 140 Natural vegetation fire N 141 Forest,woods or wildland fire N 142 Brush,or brush and grass mixture fire N 143 Grass fire N 150 Outside rubbish fire,other N 151 Outside rubbish,trash or waste fire N 154 Dumpster or other outside trash receptacle fire N 160 Special outside fire,other N 162 Outside equipment fire N 173 Cultivated trees or nursery stock fire N 200 Overpressure rupture,explosion,overheat,other N 220 Overpressure rupture from air or gas,other N 251 Excessive heat,scorch burns with no ignition N 300 Rescue,EMS call,other Y 30ON Rescue,EMS call,other,NON-SPECIFIC FPU Y 311 Medical assist,assist EMS crew Y 32 Emergency medical call Y 321 EMS call,excluding vehicle accident with injury Y 322 Vehicle accident with injuries Y 323 Motor vehicle/pedestrian accident(MV Ped) Y 324 Motor Vehicle Accident,No Injuries Y 331 Lock-in(if lock out,use 511) N 341 Search for person on land N 351 Extrication of victim(s)from building/structure N 353 Removal of victim(s)from stalled elevator N 381 Rescue or EMS standby Y 400 Hazardous condition,other N 410 Flammable gas or liquid condition,other N 411 Gasoline or other flammable liquid spill N 412 Gas leak N 413 Oil or other combustible liquid spill N 440 Electrical wiring/equipment problem,other N 441 Heat from short circuit(wiring),defective/worn N 442 Overheated motor N A-2 100386181.1 306-90018211 Page 364 of 393 Situation Found Description EMS Type Call 443 Light ballast breakdown N 444 Power line down N 445 Arcing,shorted electrical equipment N 460 Accident,potential accident,other N 463 Vehicle accident,general cleanup N 480 Attempted burning,illegal action,other N 500 Service call,other N 510 Person in distress,other N 511 Lock-out N 512 Ring or jewelry removal N 520 Water problem,other N 522 Water or steam leak N 531 Smoke or odor removal N 540 Animal problem,other N 542 Animal rescue N 550 Public service assistance,other N 551 Assist police or other governmental agency N 552 Police matter N 553 Public service N 554 Assist invalid Y 555 Defective elevator N 561 Unauthorized burning N 571 Cover assignment,standby,moveup N 600 Good intent call,other N 611 Dispatched&canceled en route N 621 Wrong location N 622 No incident found upon arrival N 641 Vicinity alarm(incident in other location) N 650 Steam,other gas mistaken for smoke,other N 651 Smoke scare,odor of smoke N 652 Steam,vapor,fog or dust thought to be smoke N 653 Barbecue,tar kettle N 661 EMS call,parry transported by non-fire agency Y 671 Hazmat release investigation w/no hazmat N 700 False alarm or false call,other N 710 Malicious,mischievous false call,other N 711 Municipal alarm system,malicious false alarm N 712 Direct tie to FD,malicious/false alarm N 713 Telephone,malicious false alarm N 714 Central station,malicious false alarm N 715 Local alarm system,malicious false alarm N 721 Bomb scare-no bomb N 730 System malfunction N 731 Sprinkler activation due to malfunction N 733 Smoke detector activation due to malfunction N 734 Heat detector activation due to malfunction N A-3 100386181.1 306-90018211 Page 365 of 393 Situation Found Description EMS Type Call 735 Alarm system sounded due to malfunction N 740 Unintentional transmission of alarm,other N 741 Sprinkler activation,no fire-unintentional N 742 Extinguishing system activation N 743 Smoke detector activation,no fire-unintentional N 744 Detector activation,no fire-unintentional N 745 Alarm system sounded,no fire-unintentional N 746 Carbon monoxide detector activation,no CO N 813 Wind storm,tornado/hurricane assessment N 814 Lightning strike(no fire) N 900 Special type of incident,other,Dumpster fire N 911 Citizen complaint N A-4 100386181.1 306-90018211 Page 366 of 393 APPENDIX B FIXED PROPERTY USE CODES B-1 100386181.1 306-90018211 Page 367 of 393 Fixed Property Description Category Assigned Use 000 FIXED PROP USE UNDETERMINED NON-SPECIFIC 100 UNKNOWN OTHER NON-SPECIFIC 110 FIXED USE RECREATION,OTHER COMMERCIAL 111 BOWLING ESTABLISHMENT COMMERCIAL 113 AMUSEMENT CENTER COMMERCIAL 116 SWIMMING FACILITY COMMERCIAL 120 VARIABLE USE AMUSEMENT/RECREATION COMMERCIAL 121 BALLROOM,GYMNASIUM COMMERCIAL 122 EXHIBITION HALL COMMERCIAL 123 ARENA/STADIUM COMMERCIAL 124 PLAYGROUND COMMERCIAL 129 AMUSEMENT CENTER INDOOR/OUTDOOR COMMERCIAL 130 PLACES OF WORSHIP,CHURCH,FUNERAL PARLOR INSTITUTIONAL 131 CHURCH/CHAPEL INSTITUTIONAL 134 FUNERAL PARLOR/CHAPEL INSTITUTIONAL 140 CLUBS,OTHER COMMERCIAL 141 ATHLETIC CLUB/YMCA COMMERCIAL 142 CLUB HOUSE COMMERCIAL 144 CASINO,GAMBLING CLUBS COMMERCIAL 150 PUBLIC,GOVT,OTHER INSTITUTIONAL 151 LIBRARY INSTITUTIONAL 160 EATING/DRINKING PLACES COMMERCIAL 161 RESTAURANT COMMERCIAL 162 NIGHTCLUB COMMERCIAL 170 TERMINALS OTHER COMMERCIAL 173 BUS TERMINAL COMMERCIAL 181 PERFORMANCE THEATER COMMERCIAL 183 MOVIE THEATER COMMERCIAL 200 EDUCATIONAL PROPERTY OTHER INSTITUTIONAL 210 SCHOOLS NON-ADULT OTHER INSTITUTIONAL 211 PRE-SCHOOL INSTITUTIONAL 213 ELEMENTARY SCHOOL INSTITUTIONAL 215 HIGH SCHOOL/JR HIGH/MIDDLE SCHOOL INSTITUTIONAL 241 COLLEGE/UNIVERSITY INSTITUTIONAL 254 DAY CARE-IN COMMERCIAL PROPERTY COMMERCIAL 255 DAY CARE-IN RESIDENCE-LICENSED COMMERCIAL 300 HEALTHCARE/DETENTION OTHER INSTITUTIONAL 311 CARE OF THE AGED/NURSING STAFF NURSING HOMES 321 MENTAL RETARDATION/DEVELOPMENT DISABILITY INSTITUTIONAL FACILITY 322 ALCOHOL/SUBSTANCE ABUSE RECOVERY CENTER INSTITUTIONAL 323 ASYLUM/MENTAL INSTITUTION INSTITUTIONAL 331 HOSPITAL-MEDICAL/PSYCHIATRIC INSTITUTIONAL 340 CLINICS,OTHER INSTITUTIONAL 341 CLINIC,CLINIC-TYPE INFIRMARY INSTITUTIONAL 342 DOCTOR/DENTIST/SURGEONS OFFICE COMMERCIAL B-2 100386181.1 306-90018211 Page 368 of 393 Fixed Property Description Category Assigned Use 343 HEMODIALYSIS UNIT INSTITUTIONAL 361 JAIL/PRISON-NOT JUVENILE INSTITUTIONAL 365 POLICE STATION INSTITUTIONAL 400 RESIDENTIAL OTHER RESIDENTIAL 4191 ONE-FAMILY DWELLING RESIDENTIAL 4192 TWO-FAMILY DWELLING RESIDEDNTIAL 429 MULTI-FAMILY DWELLINGS RESIDENTIAL 439 ROOMING,BOARDING,RESIDENTIAL HOTELS RESIDENTIAL 449 HOTELS, MOTELS,INNS,LODGES COMMERCIAL 459 RESIDENTIAL BOARD AND CARE NURSING HOMES 460 DORMITORIES OTHER INSTITUTIONAL 500 MERCANTILE PROPERTIES OTHER COMMERCIAL 511 CONVENIENCE STORE COMMERCIAL 519 FOOD,BEVERAGE SALES,GROCERY STORE COMMERCIAL 529 TEXTILE,WEARING APPAREL SALES COMMERCIAL 539 HOUSEHOLD GOODS SALES,REPAIRS COMMERCIAL 549 SPECIALTY SHOPS COMMERCIAL 557 BARBER,BEAUTY SHOP,PERSONAL SERVICES COMMERCIAL 559 RECREATIONAL,HOBBY,HOME SALES,PET STORE COMMERCIAL 564 SELF-SERVICE LAUNDRY/DRY CLEANING COMMERCIAL 569 PROFESSIONAL SUPPLIES COMMERCIAL 571 SERVICE STATION COMMERCIAL 579 MOTOR VEHICLE,BOAT SALES/SERVICE/REPAIRS COMMERCIAL 580 GENERAL ITEM STORES,OTHER COMMERCIAL 581 DEPARTMENT STORE COMMERCIAL 592 BANK W/FIRST STORY BANKING FACILITY COMMERCIAL 593 MEDICAL,RESEARCH,SCIENTIFIC OFFICE COMMERCIAL 596 POST OFFICE OR MAILING FORMS INSTITUTIONAL 599 BUSINESS OFFICES COMMERCIAL 600 BASIC INDUSTRY,UTILITY,DEFENSE OTHER INDUSTRIAL/WAREHOUSE 629 LABORATORIES INDUSTRIAL/WAREHOUSE 639 COMMUNICATIONS CENTER INDUSTRIAL/WAREHOUSE 642 ELECTRIC TRANSMISSION DISTIB.SYSTEM INDUSTRIAL/WAREHOUSE 644 GAS DISTRIBUTION SYSTEM,PIPELINE INDUSTRIAL/WAREHOUSE 647 WATER UTILITY INDUSTRIAL/WAREHOUSE 648 SANITARY SERVICE INDUSTRIAL/WAREHOUSE 700 MANUFACTURING PROPERTY,PROCESSING INDUSTRIAL/WAREHOUSE 800 STORAGE PROPERTY OTHER INDUSTRIAL/WAREHOUSE 880 VEHICLE STORAGE;OTHER INDUSTRIAL/WAREHOUSE 882 GENERAL VEHICLE PARKING GARAGE INDUSTRIAL/WAREHOUSE 888 FIRE STATIONS INSTITUTIONAL 891 GENERAL WAREHOUSE INDUSTRIAL/WAREHOUSE 899 RESIDENTIAL OR SELF STORAGE UNITS INDUSTRIAL/WAREHOUSE 900 OUTSIDE,SPECIAL PROPERTIES;OTHER NON-SPECIFIC 919 DUMP SANITARY LANDFILL NON-SPECIFIC B-3 100386181.1 306-90018211 Page 369 of 393 Fixed Property Description Category Assigned Use 921 BRIDGE,TRESTLE NON-SPECIFIC 926 OUTBUILDING,EXCLUDING GARAGE NON-SPECIFIC 931 OPEN LAND,FIELD NOT USED 935 CAMPSITE WITH UTILITIES COMMERCIAL 936 VACANT LOT NOT USED 937 BEACH NON-SPECIFIC 938 GRADED AND CARED FOR PLOTS OF LAND NOT USED 940 WATER AREAS,OTHER NON-SPECIFIC 941 IN OPEN SEA,TIDAL WATERS NON-SPECIFIC 946 LAKE/RIVER/STREAM NON-SPECIFIC 951 RAILROAD RIGHT OF WAY NON-SPECIFIC 952 SWITCH YARD,MARSHALLING YARD NON-SPECIFIC 960 STREET,OTHER NON-SPECIFIC 961 DIVIDED HIGHWAY,HIGHWAY NON-SPECIFIC 962 PAVED PUBLIC STREET,RESIDENTIAL NON-SPECIFIC 963 PAVED PRIVATE STREET,COMMERCIAL NON-SPECIFIC 965 UNCOVERED PARKING AREA NON-SPECIFIC 981 CONSTRUCTION SITE NON-SPECIFIC 983 PIPELINE,POWER LINE RIGHT OF WAY NON-SPECIFIC 984 INDUSTRIAL PLANT YARD INDUSTRIAL/WAREHOUSE UUU UNDETERMINED NON-SPECIFIC B-4 100386181.1 306-90018211 Page 370 of 393 APPENDIX C IMPROVEMENT CODES C-1 100386181.1 306-90018211 Page 371 of 393 BUC BUC DESCRIPTION CATEGORY NAME 00 GSG-VACANT/BLDG RAZED NOT USED 0000 CONDO ONLY LAND NOT USED 0010 VACANT TOWNHOUSE NOT USED 0030 VACANT ZERO LOT LINE NOT USED 0100 SFR RESIDENTIAL 0110 TOWNHOUSE-COMM ZONING RESIDENTIAL 0130 ZERO LOT LINE RESIDENTIAL 0150 SFR-C RESIDENTIAL 0200 SFT-MFG RESIDENTIAL 0300 SFR-ZERO LOT LINE RESIDENTIAL 0400 CONDO RESIDENTIAL 0410 TOWNHOUSE RESIDENTIAL 0420 TIMESHARE RESIDENTIAL 0430 ZERO LOT LINE RESIDENTIAL 0440 TWNHS-VILLA RESIDENTIAL 0450 SFR-C RESIDENTIAL 0460 CONDO COMM COMMERCIAL 0460D DOCK CONDOMINIUM NOT USED 0500 EXC-ZERO LOT ASSIGNED BY FIELDWORK 0510 CO-OP RESIDENTIAL 060 EFFICIENCY APT RESIDENTIAL 0600 RENTAL UNIT RESIDENTIAL 0700 EXC TWHSE/VILLA RESIDENTIAL 0800 MOBILE HOME RESIDENTIAL 0900 EXC-RESIDENT RESIDENTIAL 0909 EXC-LUX.RES RESIDENTIAL 1000 CONDO L.RISE RESIDENTIAL 170 DORMITORY INSTITUTIONAL 210 APARTMENTS RESIDENTIAL 220 APARTMENTS LOW RISE RESIDENTIAL 2200 MFR LOW RISE RESIDENTIAL 230 APARTMENTS HIGH RISE RESIDENTIAL 240 APARTMENTS-TO RESIDENTIAL 2500 MFR ROW HOUSE RESIDENTIAL 260 APARTMENTS- SENIOR RESIDENTIAL 2700 DUPLEX RESIDENTIAL 2800 TRIPLEX RESIDENTIAL 2900 QUADRAPLEX RESIDENTIAL 301 SFR CONVERT TO COMM COMMERCIAL 340 COMMERCIAL MIXED ASSIGNED BY FIELDWORK 350 RETAIL SINGLE OCC COMMERCIAL 351 DRUG STORE FREE COMMERCIAL 360 DISCOUNT DEPT S COMMERCIAL 361 MEGA DISCOUNT STORE COMMERCIAL 362 VETERINARY CLIN COMMERCIAL 364 HOME IMPROVEMEN COMMERCIAL C-2 100386181.1 306-90018211 Page 372 of 393 BUC BUC DESCRIPTION CATEGORY NAME 365 FURNITURE STORE COMMERCIAL 370 DEPARTMENT STORE COMMERCIAL 371 DOWNTOWN ROW TY COMMERCIAL 374 RETAIL MULTI OCC COMMERCIAL 380 STRIP SHOPPING COMMERCIAL 390 COMM SHOPPING CTR COMMERCIAL 400 REGIONAL SHPMAL COMMERCIAL 410 SUPER REG SHOPM COMMERCIAL 420 SUPERMARKET COMMERCIAL 430 CONVENIENCE FOOD COMMERCIAL 440 HOTEL/MOTEL BUS COMMERCIAL 450 RESORT HOTEL COMMERCIAL 460 HOTEL/MOTEL LO COMMERCIAL 470 HOTEL-HI RISE COMMERCIAL 490 OFFICE BLDG L/R COMMERCIAL 500 OFFICE H-R 5ST COMMERCIAL 520 MEDICAL OFFICE COMMERCIAL 530 HOSPITALS INSTITUTIONAL 540 NURSING HOME NURSING HOMES 550 BAR/TAVERN COMMERCIAL 551 COCKTAIL LOUNGE COMMERCIAL 560 RESTAURANT COMMERCIAL 570 FRANCHISE FOOD COMMERCIAL 580 BOWLING ALLEY COMMERCIAL 582 SKATING RINK COMMERCIAL 583 HEALTH CLUB COMMERCIAL 587 COUNTRY CLUB COMMERCIAL 588 PRIVATE CLUB COMMERCIAL 589 COUNTRY CLUB/W GOLF CRSE COMMERCIAL 590 ARENA COMMERCIAL 591 GYMNASIUM COMMERCIAL 593 DOG/HORSE TRACK COMMERCIAL 600 AUDITORIUM COMMERCIAL 610 CINEMA/THEATER COMMERCIAL 614 RADIO/TV/PIC S COMMERCIAL 620 BANK/MAINOFFIC COMMERCIAL 630 NEIGHBORHOOD BANK COMMERCIAL 640 SERVICE STATION COMMERCIAL 641 SERVICE STATION COMMERCIAL 650 CAR WASH -AUTO COMMERCIAL 651 CAR WASH -MANU COMMERCIAL 652 CAR WASH SERVIC COMMERCIAL 660 AUTO SERVICE GARAGE COMMERCIAL 662 KWIK LUBE COMMERCIAL C-3 100386181.1 306-90018211 Page 373 of 393 BUC BUC DESCRIPTION CATEGORY NAME 665 GARAGE STORAGE INDUSTRIAL/WAREHOUSE 670 OFFICE/WAREHOUS ASSIGNED BY FIELDWORK 680 FUNERAL HOME INSTITUTIONAL 690 CLUBHOUSE INSTITUTIONAL 691 SOCIAL/FRATERNAL INSTITUTIONAL 695 GUARDHOUSE COMMERCIAL 700 COLD STORAGE INDUSTRIAL/WAREHOUSE 710 RAILBUS/AIR TE COMMERCIAL 712 TELECOMMUNICATI COMMERCIAL 720 PARKING GARAGE INDUSTRIAL/WAREHOUSE 721 RADIO/TV TRANSM ASSIGNED BY FIELDWORK 730 DAY CARE CENTER COMMERCIAL 750 AUTO DEALER/F-S COMMERCIAL 800 LIGHT MANUFACTURING INDUSTRIAL/WAREHOUSE 810 HEAVY MANUFACTURING INDUSTRIAL/WAREHOUSE 820 WAREHOUSE DISTR INDUSTRIAL/WAREHOUSE 830 MINI WAREHOUSE INDUSTRIAL/WAREHOUSE 840 WAREHOUSE STORAGE INDUSTRIAL/WAREHOUSE 841 WAREHOUSE SINGLE INDUSTRIAL/WAREHOUSE 850 HANGAR COMMERCIAL 860 BARNS NOT USED 861 RESIDENTIAL BARN NOT USED 870 PREFAB WAREHOUSE INDUSTRIAL/WAREHOUSE 880 TECHNICAL MANUF INDUSTRIAL/WAREHOUSE 900 SCHOOL INSTITUTIONAL 901 COLLEGES/UNIV INSTITUTIONAL 910 RELIGIOUS INSTITUTIONAL 912 LIBRARY INSTITUTIONAL 920 EDUCATION/RELIG INSTITUTIONAL 930 GOVERNMENTAL INSTITUTIONAL 950 POLICE/FIRE STN INSTITUTIONAL 960 CORRECTIONAL INSTITUTIONAL 970 CULTURAL FACILITY INSTITUTIONAL MHPK MOBILE HOME PARK RESIDENTIAL C-4 100386181.1 306-90018211 Page 374 of 393 APPENDIX D DOR CODES D-1 100386181.1 306-90018211 Page 375 of 393 DOR Code DOR Description 0000 VACANT 0010 VACANT TOWNHOUSE 0030 VACANT ZERO LOT LINE 0050 VACANT SFR CONDO 0100 SINGLE FAMILY 0101 SINGLE FAMILY-COMM ZONING 0104 SINGLE FAMILY-IND ZONING 0110 SINGLE FAMILY-COMM ZONING 0130 ZERO LOT LINE 0140 SINGLE FAMILY-IND ZONING 0150 SFR-C 0200 MOBILE HOME 0210 TANGIBLE MOBILE HOME 0300 MULTIFAMILY 0304 MULTIFAMILY CONDO CONVERSION 0305 MULTIFAMILY> 10 UNITS Income Restricted 0400 CONDOMINIUM 0410 TOWNHOUSE/VILLA 0420 TIMESHARE 0430 ZERO LOT LINE 0450 SFR-C 0460 CONDO COMMERCIAL 0469 COMMERCIAL CONDO 0500 MHT COOP 0510 COOPERATIVE 0600 RETIREMENT 0605 RETIREMENT Income Restricted 0620 LIFE CARE HX 0700 MISC RESIDENCE SFR 0800 MULTIFAMILY< 10 UNITS 0801 MULTIFAMILY< 10 UNITS-COMM ZONING 0804 MULTIFAMILY< 10 UNITS-IND ZONING 0810 MULTIFAMILY< 10 UNITS-COMM ZONING 0840 MULTIFAMILY< 10 UNITS-IND ZONING 1000 VACANT COMMERCIAL 1100 STORES 1200 STORE/OFFICE/RESIDENTIAL 1300 DEPARTMENT STORE 1400 SUPERMARKET/DRUG STORE 1500 SHOPPING CENTER REGIONAL 1600 SHOPPING CENTER CMMITY 1700 OFFICE ONE STORY 1800 OFFICE MULTISTORY 1900 PROF OFFICES 2000 AIRPORT/MARINA D-2 100386181.1 306-90018211 Page 376 of 393 DOR Code DOR Description 2100 RESTAURANT 2200 RESTAURANT,DRIVE IN 2300 FINANCIAL 2400 INSURANCE 2500 SERVICE SHOPS 2600 SERVICE STATION 2700 AUTO SALES 2800 PKG LT/MH PK 2900 WHOLESALER 3000 FLORIST 3100 DRV-IN THEATER 3200 THTR/AUD/CLBHS 3300 NIGHT CLUBS 3400 BOWLING ALLEY 3500 TOURIST ATTRAC 3600 CAMPS 3700 RACETRACK 3800 GOLF COURSE 3900 MOTEL 4000 VACANT INDUSTRIAL 4100 LIGHT MFG 4200 HEAVY MFG 4300 LUMBER YARD/MILL 4400 PACKING 4500 BOTTLER 4600 FOOD PROCESSING 4700 MIN PROCESSING 4800 WAREN/DIST TERM 4900 OPEN STORAGE 4960 CONDO -NON RESIDENTIAL 4969 COMMERCIAL CONDO 5000 IMPROVED ARGI 5100 CROP SOIL CLASS 1 5200 CROP SOIL CLASS 2 5300 CROP SOIL CLASS 3 5400 TIMBER SI 90+ 5500 TIMBER SI 80-89 5600 TIMBER SI 70-79 5700 TIMBER SI 60-69 5800 TIMBER SI 50-59 5900 TIMBER NOT CLASSED 6000 GRAGSOIL CLASS 1 6100 GRZGSOIL CLASS2 6200 GRZGSOIL CLASS3 6300 GRZGSOIL CLASS4 6400 GRZGSOIL CLASS5 6500 GRZGSOIL CLASS6 D-3 100386181.1 306-90018211 Page 377 of 393 DOR Code DOR Description 6600 ORCHARD GROVES 6700 POUL/BEES/FISH 6800 EQUESTRIAN 6900 ORN/MISC AGRI 7000 VACANT INSTIT 7100 RELIGIOUS 7200 PRV SCHL/LOLL 7300 PRV HOSPITAL 7400 NURSING HOME 7500 ORPHNG/NON-PROF 7600 MORT/CEMETERY 7700 CLB/LDG/UN HALL 7800 SANI/REST HOME 7900 CULTURAL 8000 DISTRICTS 8100 MILITARY 8200 FOREST/PK/REC 8205 TRANSFER DEVELOPMENT RIGHTS 8300 PUB CTY SCHOOL 8400 COLLEGE 8500 HOSPITAL 8600 CITY INC NONMUNI 8700 STATE 8800 FEDERAL 8900 MUNICIPAL 9000 LEASEHOLD INT 9100 UTILITY 9200 MING/PETRO/GASLND 9300 SUBSURF RIGHTS 9400 R/W-BUFFER 9500 RIVER/LAKES 9600 SEWG/WASTE LAND 9700 OUTDR REC/PARK LAND 9800 CENTRALLY ASSESSED 9900 NON AG 9999 EXEMPT D-4 100386181.1 306-90018211 Page 378 of 393 APPENDIX E ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE SECTION E1. DETERMINATION OF FIRE RESCUE ASSESSED COSTS. The estimated Fire Rescue Assessed Cost to be assessed for the Fiscal Year commencing October 1, 2020, is $8,205,584.00. SECTION E2. ESTIMATED FIRE RESCUE ASSESSMENTS. (A) The estimated Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2020, are hereby established as follows for the purpose of this Preliminary Assessment Resolution: Property Use Category Rate Per Dwelling g Unit Residential $120.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.27 Industrial/Warehouse $0.06 Institutional $0.30 Nursing Home $0.30 (B) No Fire Rescue Assessment shall be imposed upon a parcel of Government Property (except as provided in Section 5(Q) of this Preliminary Assessment Resolution) or upon the portion of a Building located on a parcel of Institutional Property whose Building use is wholly exempt from ad valorem taxation under Florida law. (C) Any shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the City Commission (including without limitation any approved Hardship E-1 100386181.1 306-90018211 Page 379 of 393 Waivers or Deferrals or Mobile Home Vacancy Adjustments) shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. It is the legislative determination of the City Commission that in the event a court of competent jurisdiction determines any exemption or reduction by the City Commission improper or otherwise adversely affects the validity of the Fire Rescue Assessment imposed for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Fire Rescue Assessment upon each affected Tax Parcel in the amount of the Fire Rescue Assessment that would have been otherwise imposed save and except for such reduction or exemption afforded to such Tax Parcel by the City Commission. E-2 100386181.1 306-90018211 Page 380 of 393 APPENDIX F PARCEL APPORTIONMENT METHODOLOGY The Cost Apportionment to each Property Use Category and to Mixed Use Property shall be apportioned among the Tax Parcels within each Property Use Category and to Mixed Use Property Tax Parcels as follows: SECTION F-1 RESIDENTIAL PROPERTY. The Fire Rescue Assessment for each Tax Parcel of Residential Property shall be computed by multiplying the Demand Percentage attributable to the Residential Property Use Category by the Fire Rescue Assessed Costs, dividing such product by the total number of Dwelling Units shown on the Tax Roll within the City for the Residential Property Use Category, and then multiplying such quotient by the number of Dwelling Units located on such Tax Parcel. SECTION F-2. NON-RESIDENTIAL PROPERTY. The Fire Rescue Assessments for each Building of Non-Residential Property (except Nursing Home Property) shall be computed as follows: (A) Respectively, multiply the Fire Rescue Assessed Cost by the Demand Percentage attributable to each of the Non-Residential Property Use Categories. The resulting dollar amounts reflect the portions of the City's fire rescue budget to be respectively funded from Fire Rescue Assessment revenue derived from each of the Non- Residential Property Use Categories. (B) Separate each building in each of the Non-Residential Property Use Categories into the appropriate Non-Residential Property Use Category for that Building. (C) For each Non-Residential Property Use Category, add the Building square F-1 100386181.1 306-90018211 Page 381 of 393 footage of all the Buildings in each Non-Residential Property Use Category. All Buildings with a number of square feet exceeding 77,001 will be included in the calculation at 77,001 square feet. This sum reflects an aggregate square footage area for each Non-Residential Property Use Category to be used by the City in the computation of Fire Rescue Assessments. (D) Divide the product of subsection (A) of this Section relative to each of the Non-Residential Property Use Categories by the sum of the square foot allocations for each Non-Residential Property Use Category described in subsection (C) of this Section. The resulting quotient expresses a dollar amount per square foot of improved area ("the square foot rate")to be used in computing Fire Rescue Assessments on each of the respective Non- Residential Property Use Categories. (E) For each of the Non-Residential Property Use Categories, other than Nursing Home Property, multiply the applicable square foot rate calculated under subsection (D) of this Section by the number of square feet, up to 77,001 square feet, for each Building in the Non-Residential Property Use Categories. The resulting product for each Building expresses the amount of Fire Rescue Assessments to be imposed on each Building of Non-Residential Property. SECTION F-3. NURSING HOME PROPERTY. Notwithstanding the procedure in Section F-2 for Non-Residential Property,the Fire Rescue Assessment for each Building of Nursing Home Property shall be computed as follows: (A) For Nursing Home Property, multiply the square foot rate determined in subsection F-2 of this Section for Institutional Property by the number of square feet, up to F-2 100386181.1 306-90018211 Page 382 of 393 77,001 square feet, for each Building of Nursing Home Property. Such amount shall be the amount of the Fire Rescue Assessments imposed upon each Building of Nursing Home Property. (B) Multiply the amount directed to be imposed as Fire Rescue Assessments on Nursing Home Property in subsection (A) of this Section by the total square footage of Buildings related to Nursing Home Property as provided in subsection F-2(C). The resulting product represents the aggregate revenue to be derived from Fire Rescue Assessments imposed upon Nursing Home Property. (C) The remaining portion of the City's fire rescue budget otherwise attributable to Nursing Home Property, and not funded through Fire Rescue Assessments imposed upon Nursing Home Property, shall be funded from legally available City revenue other than Fire Rescue Assessment proceeds. SECTION F-4. MIXED USE PROPERTY. The Fire Rescue Assessments for each Tax Parcel classified in two or more Property Use Categories shall be the sum of the Fire Rescue Assessments computed for each Property Use Category. F-3 100386181.1 306-90018211 Page 383 of 393 APPENDIX G FORM OF NOTICE TO BE PUBLISHED To Be Published by August 21, 2020 G-1 100386181.1 306-90018211 Page 384 of 393 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Boynton Beach will conduct a public hearing to consider the imposition of annual fire rescue special assessments for the provision of fire rescue services within the municipal boundaries of the City of Boynton Beach. The hearing will be held at 5:30 p.m., on September 8, 2020, at Commission Chambers, City Hall, 100 East Ocean Avenue, Boynton Beach, Florida, 33435 or by Communication Media Technology (CMT) (information to access a meeting conducted by CMT will be posted on the City's website), or a combination of both, if legally permissible, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office at(561) 742-6060, at least three days prior to the date of the hearing. The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The proposed fire rescue assessment schedule for Fiscal Year 2020-2021 is as follows: G-2 100386181.1 306-90018211 Page 385 of 393 Property Use Category Rate Per Dwelling Unit Residential $120.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.27 Industrial/Warehouse $0.06 Institutional $0.30 Nursing Home $0.30 Copies of the Fire Rescue Assessment Ordinance,the Initial Assessment Resolution, the Preliminary Rate Resolution, and the Preliminary Assessment Roll are available for inspection at the City Clerk's Office in City Hall, located at 100 East Ocean Avenue, Boynton Beach, Florida 33435. The fire rescue non-ad valorem assessment will be collected on the ad valorem tax bill to be mailed in November 2020. Failure to pay the assessments will cause a tax certificate to be issued against the property, which may result in a loss of title. If you have any questions,please contact the Finance Department at(561) 742-6310, Monday through Friday between 8:00 a.m. and 5:00 p.m. [INSERT MAP OF THE CITY OF BOYNTON BEACH] CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA G-3 100386181.1 306-90018211 Page 386 of 393 APPENDIX H FORM OF NOTICE TO BE MAILED CITY OF BOYNTON BEACH, FLORIDA City of Boynton Beach P.O. Box 310 NOTICE OF HEARING TO IMPOSE AND PROVIDE Boynton Beach, FL 33425-0310 FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 21, 2020 H-1 100386181.1 306-90018211 Page 387 of 393 Owner Name Tax Parcel# Address Sequence # City, State Zip Legal Description: ***** NOTICE TO PROPERTY OWNER***** As required by Section 197.3632, Florida Statutes,and City Ordinance No. 08-017 notice is given by the City of Boynton Beach that an annual assessment for fire rescue services using the tax bill collection method, may be levied on your property for the fiscal year October 1, 2020 - September 30, 2021. The City has levied a fire rescue special assessment since 2001 pursuant to Ordinance No. 01-34,as amended,which Ordinance sunset on September 30, 2008. The City then adopted Ordinance No. 08-017 to provide for reenactment of the fire rescue special assessment within the City commencing with the 2008-2009 fiscal year. The purpose of this assessment is to fund fire rescue services benefiting improved property located within the City of Boynton Beach. The total annual fire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be$8,205,584.00.The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein. Category Type and Number Fiscal Year 20-21 Billing Units Assessment [Category] [Parcel Units][Un itDesc] [Charge] [Category] [Parcel Units][Un itDesc] [Charge] [Category] [Parcel Units][Un itDesc] [Charge] [Category] [Parcel Units][Un itDesc] [Charge] [Category] [Parcel Units][Un itDesc] [Charge] [Category] [Parcel Units][Un itDesc] [Charge] [Category] [Parcel Units][Un itDesc] [Charge] Total Assessment $[SUmofBld...] The maximum annual fire rescue services assessment for the above parcel for Fiscal Year 2020-21 and future fiscal years is$ A public hearing will be held at 5:30 p.m. on September 8,2020, at Commission Chambers, City Hall, 100 East Ocean Avenue, Florida,33435 or by Communication Media Technology(CMT)(information to access a meeting conducted by CMT will be posted on the City's website) or a combination of both, if legally permissible, for the purpose of receiving public comment on the proposed assessments. You and all other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at(561)742-6060, at least three days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing(including the method of apportionment,the rate of assessment and the imposition of assessments),such action shall be the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution, the Preliminary Rate Resolution,and the preliminary assessment roll are available for inspection at the City Clerk's office in City Hall, located at 100 East Ocean Avenue, Boynton Beach, Florida. 100386181.1 306-90018211 Page 388 of 393 H-2 Pursuant to Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida, a special act relating to the County, notice of the fire rescue assessment imposed by the City shall also be included by the Property Appraiser as part of the notice of proposed property taxes under Section 200.069, Florida Statutes, the truth-in-millage notification. Both the fire rescue non-ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue service assessment, please contact the Finance Department at (561) 742-6310, Monday through Friday between 8:00 a.m. and 5:00 p.m. ***** THIS IS NOTA BILL ***** H-3 100386181.1 306-90018211 Page 389 of 393 100386181.1 306-90018211 Page 390 of 393 13.A. FUTURE AGENDA ITEMS 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Provide update on potential sale of the Nichol's property to Pulte Homes- August 4, 2020 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 391 of 393 13.B. FUTURE AGENDA ITEMS 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 Requested Action by Commission: Approval of the Master Plan Modification for the Boynton Beach Mall - 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 392 of 393 13.C. FUTURE AGENDA ITEMS 7/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/21/2020 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 393 of 393