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Agenda 01-05-21The City of Boynton Beach City Commission Agenda Tuesday, January 5, 2021, 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue 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. °a�1111rIN°„',mf www.boynton-beach.org Page 1 of 456 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 January 5, 2021 or calling (561) 742-6006 and leaving a message on the public comment hotline. Page 2 of 456 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 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 456 A. Call to Order - Mayor Steven B. Grant Invocation by Pastor Rodney Wilkinson of Gospel Fellowship Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 1. Other A. Informational items by Members of the City Commission 2. Announcements, Community And Special Events And Presentations A. Proclaim January 12, 2021 as Haitian Earthquake Memorial Day. Jane Marcel will accept the proclamation. B. Proclaim Monday, January 18, 2021 as Martin Luther King Jr. Day. C. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2021 Reverend Dr. Martin Luther King, Jr. Celebration. D. Announce Feeding South Florida Food Distribution Drive-Thru Events at the Ezell Hester Center, 1901 N. Seacrest Blvd., on January on the 7th, 14th, and 21st, 2021 starting at 8am. There will be approximately 500 food vouchers available on a first come, first served while food supplies last at each event. Volunteer opportunities are available. Anyone interested in volunteering must register at www.volunteer.feedingsouthflorida.org 3. 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) 4. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. B. Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to the Boynton Beach Garden Club. C. Authorize City Commissioners to attend the National League of Cities Congressional City Conference from March 7-10, 2021. The Conference will be online. 5. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Legal Expenses - November 2020 - Information at the request of the City Commission. No action required. Page 4 of 456 B. Proposed Resolution No. R21-001 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. C. Approve reduction of performance bond #PB 12270900120 from current amount of $1,823,110.39 to $673,500.00 for the completion of the paving, grading and drainage improvements in association with the Riverwalk Project. D. Approve change order to Task Order UT -2D-03 with Calvin Giordano and Associates, in the amount of $12,785.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D for the drainage improvements and road rehabilitation of Industrial Way. E. Proposed Resolution No. R21-002 - Authorize the Piggy -Back of City of Newport News, Virginia Contract number 19-3441-00 for the purchase of Mitel software and hardware support services from IPC Technologies in the amount of $10,531.05 and authorize the City Manager to sign the support agreement. F. Approve the one-year a)dension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for January 05, 2021 - "Request for E)densions and/or Piggybacks." G. Approve purchase of Kronos Payroll Software for Citywide implementation in the amount of $48,906.90 with a $16,040.00 contingency for additional time clocks or users once implementation begins in the remaining City Departments. H. Proposed Resolution No. R21-003 - Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001), Parks & rec Trust Fund (141), Public Arts Fund (151), Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 & 404), and the Fleet Fund (501) for previous years Purchase Orders, unspent project budgets I. Proposed Resolution No. R21-004 - Authorize the City Manager to sign a Vendor Services Agreement for the solution provider services and software maintenance/support of Laserfiche, the City's enterprise content management system, with Information Consultants, Inc. of Miami, Florida for an initial (1) year period with (4) one-year renewal periods. J. Proposed Resolution No. R21-005 - Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001) for the Central Square Agreement entered into on Agenda Item 12.15.20 Resolution R20-138. K. Approve minutes from the City Commission meeting on December 1, 2020. 6. Consent Bids And Purchases Over $100,000 A. Approve the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18. The Florida Sheriffs Association contracts meet the City's procurement requirements. Proposed Resolution No. R21-006 - Approve and authorize the City Manager to sign a piggyback agreement with Alan Jay for one (1) Chevy Silverado a)dended cab 4X4 for Utilities in the amount of $31,239.00, two (2) Chevy Silverado Crew Cab 4X4's for Utilities in the amount of $63,984.00, and one (1) Ford Transit Van for Police in the amount of $24,616.00. These units utilize the FSA20-VEL 28.0 contract. Proposed Resolution No. R21-007 - Approve and authorize the City Manager to sign a piggyback agreement with Duval Ford for two (2) Ford F-250 pickups for Utilities in the amount of $64,523.00, two (2) Ford F-350 dump trucks for Utilities in the amount of $93,887.00, two (2) Ford F-550 mechanic trucks for Utilities in the amount of $244,493.00, two (2) Ford F-350 4X4 service body trucks for Utilities in the amount of $93,171.00, one (1) Ford Transit van for Utilities in the amount of $48,207.00, and one (1) Ford Escape for Utilities in the amount of $28,742.00. These Page 5 of 456 units utilize the FSA20-VEL28.0 and FSA20-VEH 18.0 contract. Proposed Resolution No. R21-008 - Approve and authorize the City Manager to sign a piggyback agreement with General GMC for two (2) Autocar Automated Side Loader Garbage trucks for the Solid Waste in the amount of $620,398.00. These units utilize the FSA20-VEH 18.0 contract. Proposed Resolution No. R21-009 - Approve and authorize the City Manager to sign a piggyback agreement with Palm Truck for one (1) Peterbilt Automated Side Loader Garbage truck for Solid Waste in the amount of $281,498.00. This unit utilizes the FSA20-VEh 18.0 contract. Proposed Resolution No. R21-010- Approve and authorize the City Manager to sign a piggyback agreement with Southern Sewer for one (1) Peterbilt with Vaccon Sewer Vac system for Utilities in the amount of $490,617.00. This unit utilizes the FSA20-EQU 18.0 contract. B. Proposed Resolution No. R21-011 - Approve a contract with Foster Marine Contractors for the Force Main Isolation Valves project, Bid No. ITB 040-2821-20/TP in the amount of $898,775.00 plus a 10% contingency of $89,877.50 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $988,652.50. C. Proposed Resolution No. R21-012 - Approve a contract with Southern Underground Industries, Inc. for the 24 -inch Raw Water Main Extension - Little League Park to East Water Treatment Plant project, Bid No. ITB 039-2821-20/TP in the amount of $690,929.06 plus a 10% contingency of $69,092.91, if needed, for staff approval of change orders for unforeseen conditions, for a total expenditure of $760,021.97. D. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for January 05, 2021- "Request for Extensions and/or Piggybacks." 7. 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. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU -C (Mixed -Use Core) with a master plan for 274 multi -family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (Tabled from the October 6, 2020 Commission meeting.) B. Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (Tabled from the October 6, 2020 Commission meeting.) C. Approval of Legacy at Boynton Beach (NWSP 20-003) new site plan application for a mixed-use development consisting of an eight (8) -story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Bonnie Miskel of Dunay, Miskel & Backman LLP. (Tabled from the October 6, 2020 Commission meeting.) 8. City Manager's Report - None 9. Unfinished Business - None Page 6 of 456 10. New Business - None 11. Legal A. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX-M B 12. Future Agenda Items A. Hear a presentation by David Scott, Director of Economic Development and Strategy, on the City's Tourism Strategic Plan. - January 19, 2021 B. Staff will present a Legislative Priority List for the Commission's consideration and adoption - January 19, 2021 C. Per the request of SFW MD, staff will prepare a year round irrigation ordinance for the Commission's consideration which comports the District's Mandatory Year -Round Landscape Irrigation Conservation Measures Rule - January 19, 2021 D. A presentation of the City of Boynton Beach Operations Performance Management Dashboard. - January 19, 2021 E. Attainable Housing Discussion - January 19, 2021 F. Mayor Grant requested information on the water quality of canal systems within the City. - February 2021 G. I LA for transfer of the Boynton Beach Women's Club from the CRA to the City - February 2021 H. ILA for Sara Sims Park Pavilion I mprovements - February 2021 Vice Mayor Penserga requested a discussion regarding a City Mural Program - March 2021 J. Staff will present the City's 15 year Roadway CIP plan and demonstrate the software and data collected to implement this plan. - March 2021 K. Present option for management of canal assessment program - March 2021 L. Discussion on funding for expanding Wi-Fi to City parks. - TBD M. Discussion of LOI process for sale of city land - TBD 13. Adjournment Notice If a person 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 of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the 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 of the 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 of the City Clerk Page 7 of 456 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/5/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Invocation by Pastor Rodney Wilkinson of Gospel Fellowship 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 Application: Is this a grant? No Grant Amount: Attachments: A. OPENING ITEMS 1/5/2021 Page 8 of 456 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 Application: Is this a grant? Grant Amount: Attachments: 1.A. OTHER 1/5/2021 Page 9 of 456 Requested Action by Commission: Proclaim January 12, 2021 as Haitian Earthquake Memorial Day. Jane Marcel will accept the proclamation. Explanation of Request: On January 12, 2010 at 4:53 PM the worst earthquake in 200 years hit Haiti, causing widespread devastation across the country. The earthquake resulted in not only the loss of buildings but killed more than 300,000 people and left more than 1.5 million people homeless. It affected the lives of those living in Haiti, but it also had an impact on residents of the city, state and country. On this day, we remember and honor those who perished in the earthquake. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Flir:aa::lla irna tioin Description Flira:aa::lla irna tioin l llalitlia in IC:::::.airtlh gUia kE) I E)iryy.:iri4l IDay Page 10 of 456 Proclamation WHEREAS, on January 12, 2010 at 4:53 PM the worst earthquake in 200 years hit Haiti, and caused a widespread devastation across the country. The earthquake resulted in not only the loss of buildings but killed more than 300,000 people and left more than 1.5 million homeless; and WHEREAS, the earthquake in Haiti not only affected the lives of those living in Haiti it also had an impact on residents of the city, state and country; and WHEREAS, on this day, we remember and honor those who perished in the earthquake of January 12, 2010. We will never forget that horrific day nor will we forget how the American people and the World responded with compassion and generosity, prayer and hope for the Haitian people. Our obligation to ensure a better Haiti will not be forgotten; and WHEREAS, this anniversary of tragedy should also be an anniversary of triumph of Unity over divisiveness, love over hate, service over selfishness, and hope over despair. WHEREAS, we should demonstrate our respect for the victims of this terrible day by commemorating the lives lost and damage caused. We should also honor and celebrate the acts of resilience, courage, compassion and many other qualities that represent the best in human nature and the Haitian character. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim January 12, 2021 as: HAITIAN EARTHQUAKE MEMORIAL DAY 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 51h day of January Two Thousand Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Requested Action by Commission: Proclaim Monday, January 18, 2021 as Martin Luther King Jr. Day. Explanation of Request: Dr. Martin Luther King Jr. devoted his life to advancing equality, social justice, and opportunity for all, and challenged all Americans to participate in the never-ending work of building a more perfect union. The King Holiday and Service Act, enacted in 1994, designated the King Holiday as a national day of volunteer service. Each of us can and must contribute to making our communities better with increased opportunity for all our citizens, and to celebrate the King Day of Service, January 18, 2021. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Fliroca irna bola Flirta:Ja irnatioin i a irtiir:II.....UlthE)r Kliir:g, Jr, IDay Page 12 of 456 Proclamation WHEREAS, January 18, 2021 marks the observance of the Dr. Martin Luther King Jr. federal holiday; and WHEREAS, Dr. Martin Luther King Jr. devoted his life to advancing equality, social justice, and opportunity for all, and challenged all Americans to participate in the never- ending work of building a more perfect union; and WHEREAS, celebrating Dr. King's life and spirit through community -wide recognitions and service on the holiday is an appropriate way to honor Dr. King, bringing our citizens together, and strengthening our communities and nation; and WHEREAS, it is appropriate for the City of Boynton Beach to provide educational initiatives for its youth, recognize community members that emulate the qualities of Rev. Dr. Martin Luther King, Jr. and plan a "I Have a Dream' event for August 28, 2021 in observance of the holiday honoring Dr. Martin Luther King Jr; and WHEREAS, each of us can and must contribute to making our communities better with increased opportunity for all of our citizens; and WHEREAS, the City of Boynton Beach urges all people to join and pay tribute to the life and works of Dr. Martin Luther King Jr. and apply his life and teachings of service to inspire others to serve and remember his spirit of community. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 18,h day of January, Two Thousand Twenty -One as: DR. MARTIN LUTHER KING, JR. DAY IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 5,h day of January, Two Thousand Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC, City Clerk Requested Action by Commission: Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2021 Reverend Dr. Martin Luther King, Jr. Celebration. Explanation of Request: The MILK Committee will provide educational initiatives for its youth, recognize community members that emulate the qualities of Reverend Dr. Martin Luther King, Jr. and plan an "I Have a Dream" event for August 28, 2021. How will this affect city programs or services? Fiscal Impact: The Reverend Dr. Martin Luther King, Jr. Celebration is budgeted in the Special Events FY 20/21 annual budget. Alternatives: Do not allow announcement. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 14 of 456 Requested Action by Commission: Announce Feeding South Florida Food Distribution Drive-Thru Events at the Ezell Hester Center, 1901 N. Seacrest Blvd., on January on the 7th, 14th, and 21st, 2021 starting at 8am. There will be approximately 500 food vouchers available on a first come, first served while food supplies last at each event. Volunteer opportunities are available. Anyone interested in volunteering must register at www. volunteer. feed ingsouthflorida.org Explanation of Request: How will this affect city programs or services? No affect on City Programs or Services. Fiscal Impact: Non -budgeted No Fiscal Impact. Alternatives: Not to make an announcement about the Food Distribution Drive-Thru Events. Strategic Plan: Boynton Beach Branding Strategic Plan Application: Hosting special events encourages residents and non-residents to visit the Ezell Hester Center. Climate Action Application: No Climate Action Application. Is this a grant? Grant Amount: Attachments: Page 15 of 456 4.A. ADMINISTRATIVE 1/5/2021 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: Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Building Wealth in the Community Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 16 of 456 Type AttacftrTIENI'lt AttacftrTIENI'lt AttacftrTIENI'lt Attac,NrTIENI'lt A ttac Ih rTIE) II'l t A ttac Ih rTIE) II'l t A ttac, Ih rTIE) II'l t Description AppoiintirTIEN[ItS & Appicaints for J all'lUary 5, 2021 WiIkil['ISOIII, JE)SSica (EYAB) Birown, Sarah (Il Jbirairy) Barsky, JOE�fl (Il Jbirairy) (':)aL.jid, Victor & Parks) Birown, Sarah (If RE)C- & Parks) Barsky, JOE�fl (If RE)C- & Parks) Page 17 of 456 Appointments and Applicants for January 05, 2021 Art Advisory Board Mayor Grant Reg 2 yr term to 3/21 Applicants: None Building Board of Adjustments and Appeals 11 Hay Alt 1 yr term to 3/21 (Tabled 2) III Romelus Reg 2 yr term to 3/22 (Tabled 2) IV Penserga Reg 2 yr term to 3/22 (Tabled 2) Applicants: None Education and Youth Advisory Board I Katz STU V 2 yr term to 3/22 (Tabled 2) Applicant: Jessica Wilkinson Historic Resources Preservation Board I Katz Alt 1 yr term to 3/21 (Tabled 2) Applicants: None Library Board Mayor Grant Alt 1 yr term to 3/21 (Tabled 2) Applicants: Sarah Brown Joel Barsky Recreation and Parks Board Mayor Grant Reg 2 yr term to 3/22 1 Katz Reg 2 yr term to 3/22 Applicants: Victor Gaud Sarah Brown Joel Barsky Page 18 of 456 Chera-Gulberman, Catherine From: jesswilkinson2458 <noreply@form,123formbuilder,com> Sent: Thursday, November 26, 2020 12:54 AM To: City Clerk Subject: Advisory Board Appointment application Today's date Name Jessica Wilkinson Phone number 561-777-9396 Address 2458 SW Cranbrook Dr Boynton Beach Florida 33436 United States Email jesswilkinson2458@gmail,com Current occupation or, if retired, prior occupation Education Atlantic High School Are you a registered voter? No Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? if "yes", which board(s) and when? Have you ever been convicted • of a crime? if "yes", when and where? Advisory Board Personal Qualifications Professional Memberships Feel free to attach/upload an extra sheet or resume. 10th Grade Student a - 4 Certification 1, 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. H Page 19 of 456 The message has been sent from 1077T21S.G3(United States) atZOZ0-11-Z6OO:54:17onChrome 86J]424O.lg8 Entry ID: 4lZ Referrer: Form Host: Page 20 of 456 Cherry-Guberman, Catherine From: sbrownimages <noreply@123formbuilder.io> Sent: Monday, December 07, 2020 9:12 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 12/07/2020 Name Sarah Brown Phone number 561-901-2089 Address 178 SE 31 AVE Boynton BeacgFL33435 United States Email sbrownimages@gmail.com Current occupation or, if Librarian retired, prior occupation Education USF- Master of Library and Information Science Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a No City board? Have you served on a City NO board in the past? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Library Board Personal Qualifications As a long time resident of Boynton Beach, I have an understanding of the needs of this community, the city's Mater Plan/vision, and how library services can support and enrich both. For the past 5 years, I have served as the school librarian to grades 6-12 at American Heritage School in Delray. Prior to my school librarianship, I worked at the Spanish River Library in Account Services and Collection Development. I bring a perspective of public service and education, as well as my creative ideas for the library as a community asset. 1 Page 21 of 456 Professional Memberships American Association of School Libraria Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 45.31.54.234 (United States) at 2020-12-07 21:12:07 on Safari 14.0.1 Entry ID: 413 Referrer: https://www.boynton-beach.org/boards-and-committees Form Host: https://form.123formbuilder.com/583214/Advisory-Board-Appointment-Application/ Page 22 of 456 Cher -Guberman, Catherine From: City Clerk Sent: Sunday, December 27, 2020 7:32 PM To: Cherry-Guberman, Catherine Subject: FW: Advisory Board Appointment application From: Joel.barsky87 <noreply@123formbuilder.io> Sent: Sunday, December 27, 202012:33 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 12/27/2020 Name Joel Barsky Phone number 561-735-1420 Address 1901 W Woolbright Rd Apt A104 Boynton Beach FL 33426 United States Email Joel.barsk 87(A) mail -corn Current occupation or, if rAssistant Program Direcor retired, prior occupation Education Master of Public Health in International Health & Development Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business Yes within City limits? If "yes", name of business: Irie Chat Productions Are you currently serving on a No City board? Have you served on a City Yes board in the past? If "yes", which board(s) and Development Board in Georgetown, SC in 2016 when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Library Board 1 Page 23 of 456 Personal Qualifications I\'ve been brought up in Boynton Beach, FL since 1992, and went to Boynton Beach High School. I did my Bachelors at the University of South Florida in Tampa, FL and my Masters at Tulane University in New Orleans. I\'ve served in the Fiji Islands as a Peace Corps Volunteer where I engaged in community development projects at my assigned station. I currently have several years of experience with the federal government that involves various responsibilities, such as, budget management, supervising a team of people, networking with other stakeholders, reviewing contracts, and other assigned duties. 1\11 be able to bring personal knowledge that I know about the city and people to help the city. Professional Memberships N/A Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 108.220.239.175 (United States) at 2020-12-27 12:32:58 on Safari 14.0.1 Entry ID: 416 Referrer: p°nt D a.Il)oyifflofl°n-bg?toirg Form Host: U°ntt s: fou ulru �..?3suwunww�agmigu°nuu'8214 Page 24 of 456 Cherry-Guberman, Catherine From: vmgaud <noreply@123formbuilder.io> Sent: Monday, December 28, 2020 6:51 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: VMGCRphd.docx Today's date 12/28/2020 Name Victor Gaud Phone number 954-242-7187 Address 253 LAKE MONTEREY CIR BOYNTON BEACH Florida 33426 United States Email vmgaud@gmail.com Current occupation or, if retired, prior Internal Auditor occupation Education MBA Are you a registered voter? Yes Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If "yes", name of N/A business: Are you currently serving on a City Yes board? Have you served on a City board in the past? No If "yes", which Currently an Alternate Member for the City of Boynton Library Advisory Board boards) and when. Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Recreation & Parks Board 1 Page 25 of 456 Personal Qualifications Professional Memberships Feel free to attach/upload an https://form.123formbuilder.com/upload dld.php?fileid=f963055f992af141da418dcb4d9dee69 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 45.25.157.40 (United States) at 2020-12-28 18:50:59 on Chrome 87.0.4280.88 Entry ID: 417 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214 Page 26 of 456 icr M. Gaud Cabrera (954) 242-7187 1 vmgaud@gmail.com I haps: ///or.linkedin.com/in/victormgaud 1 253 Monterey Cir, Boynton Beach, FL 33426 Education PHD IN BUSINESS & MANAGEMENT DEVELOPMENT I INTERAMERICAN UNIVERSITY OF PUERTO RICO Major: Interregional and International Business Dissertation proposal in process MASTER'S IN BUSINESS ADMINISTRATION I INTERAMERICAN UNIVERSITY OF PUERTO RICO • Double Major: Accounting & Finance BACHELOR'S IN BUSINESS ADMINISTRATION I INTERAMERICAN UNIVERSITY OF PUERTO RICO • Triple Major: Accounting, Finance & Managerial Economics Licenses and Certifications FINRA Dispute Resolution Arbitrator, awarded by FINRA September 2020 Florida Supreme Court Qualified Arbitrator Notary Public Governance, Risk and Compliance Professional (GRCP) Tax Preparer Skills & Abilities Contract analysis & negotiation - System integration - Business operations & logistics development Life insurance industry knowledge - State and federal law compliance Policies & procedures development Strategic planning development - Personnel training & development Quality control - Fully bilingual (Eng. -Span.) - Excellent communication - Banking law & regulations Customer service & client relations builder - Computer/software proficiency: MS Office (Word, Excel, PowerPoint, Publisher, OneNote & Outlook), Peachtree, SPSS, Oracle. Experience Staff Internal Auditor I NCCI Holdings, Inc I February 2020 - Present Performs certain aspects of typical internal audit projects, including developing an understanding of the business area under review, helping to plan the engagement, provide inputs to designing scope, audit programs and appropriate tests, drafting audit findings and recommendations and communicating scope, objectives and results to the appropriate level of management. Internal audit projects are generally conducted by an integrated audit team to provide assessment of both business processes and relevant IT objectives. Conducts special reviews of NCCI processes to evaluate and improve the effectiveness of risk management, control, and governance processes. Assists division management in the implementation of audit recommendations. Monitors select development projects and initiatives to ensure that significant control objectives are accomplished. Supports the External Auditors in their annual financial audit. GRANT ANALYST I ICF I DECEMBER 2018 - JULY 2019 Provided quality control review of awarded FEMA disaster funds to municipalities, agencies, and private institutions for an initial 75% disbursement Total of funds in RFR requested amount reviewed and worked $ 8, 559,044.76 Reviewed and monitored contracts, FAE, FAL, and materials maximum grant requirements opposite to the project Provided a comparative analysis of the grant obligated funds vs the requested funds on the project worksheet Completed a compliance review with applicable FEMA regulations, state and federal law for the final 25% fund disbursement ASSOCIATE I BOO I JULY 2018 - DECEMBER 2018 Supported the General Accounting Department of the Puerto Rico Power Authority with journals entry, adjustment, land transportation budget and the structure of accounting & financial reports for audit review Page 27 of 456 Worked & supported directly the Principal Supervisor of the Bank Conciliation Department of Puerto Rico Power Authority with the bank reconciliations Supported the Risk Management Department of the Puerto Rico Power Authority with the review, compliance and procurement process of expenses associated with the disaster Supported the Police Department of Puerto Rico and Environmental Quality Board of Puerto Rico to comply with the account payable circular letter for the Puerto Rico Internal Revenue Service ANALYST I AON, INC. I APRIL 2017 - JULY 2018 Analyzed & recognized commissions revenue received for the health & benefits products Generated easy -to -interpret reports based on collected data Worked with quarterly reconciliations Bookkept the business of construction & infrastructure for Central America and the Caribbean and sent for billing Collaborated with account executives and finance teams to coordinate the assurance of meeting the forecast numbers LOAN SUPPORT I SUN WEST FINANCIAL SERVICES INTERNATIONAL, INC. I DECEMBER 2015 - MARCH 2017 Provided quality service to the borrowers, broker's correspondent/warehouse lenders, vendors and all other stakeholders in business with the bank Analyzed that submitted documents were in compliance with the company policies, industry regulations and law Completed compliance procedures SERVICE & CREDIT OFFICER I PUERTO RICO FEDERAL CREDIT UNION I SEPTEMBER 2015-DECEMEBER 2015 Reviewed loan requests Assessed clients' financial status Evaluated and analyzed creditworthiness and risks Contacted clients to gather financial data and documentation BANK REPRESENTATIVE I BANCO POPULAR OF PUERTO RICO I MAY 2014 - SEPTEMBER 2015 Provided exceptional customer service by assisting clients with their bank transactions Completed all transactions according to banking regulations, including BSA/AML, and other corporate guidelines or procedures FINANCIAL ADVISORS MASSMUTUAL FINANCIAL GROUP PUERTO RICO IJUNE 2013 - MAY 2014 Provided financial planning support to clients Supported investment professionals to cultivate client relationships Prepared financial plans and check their accuracy Maintained awareness of the latest legislative changes that may affect financial planning Extra -Curricular Activities Member of Mises Institute - Member from 2016 to Present Member and part of the Directive Board of ALPFA Inter Metro - Vocal from 2013 to 2016 Member and part of the Directive Board of Association for Finance Students - Secretary of Association for Finance Students from 2013 to 2014 Member of Association for Accounting Students - Member from 2014 to 2015 Member of Chamber of Commerce University Chapters, Inter Metro Member from 2014 to 2015 Certifications & Awards Basic Concepts of Insurance, awarded by Aon, Inc. August 2017 The Constitution and the Free Market 2017, seminar lectured by Judge A. Napolitano, awarded by Mises Institute Completed 36 hours at Mises University 2017 in Economic Science, awarded by Mises Institute Completed 38 hours at Mises University 2016 in Economic Science, awarded by Mises Institute Completed Pre -Licensing Education 20 hours of SAFE ACT Patents and Intellectual Property awarded by SBDC of Puerto Rico Page 28 of 456 Achieved bank representative with most transactions at Banco Popular of Puerto Rico How to establish a business: " Business Leadership, Business Plan and Financing ", awarded by SBDC of Puerto Rico Contract Management: Principles and Practice, awarded by PM Instructor Dean List at Interamerican University of Puerto Rico 2015-2016 Page 29 of 456 Cher Guberman, Catherine:_. From: City Clerk Sent: Monday, November 16, 2020 9:57 AM To: Cherry-Guberman, Catherine Subject: FW: Advisory Board Appointment application From: sbrownimages <noreply@123formbuilder.io> Sent: Monday, November 16, 2020 8:35 AM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date Name Phone number 11/16/2020 Sarah Brown 561-901-2089 Address 178 SE 31 st AVE Boynton Beach Florida 33484 United States Email Current occupation or, if retired, prior occupation shroni j ail.co Librarian Education MLIS Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business within City limits? No If "yes", name of business: Are you currently serving No on a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been convicted of a crime? If "yes", when and where? Advisory Board No Recreation & Parks Board 1 Page 30 of 456 Personal Qualifications As a long time resident of Boynton, I understand the constituents and their needs for recreational space- especially during these challenging times. Professionally, I work as the head school librarian for grades 6-12. I understand the needs and niches of our youth, families, and sense of community. A former personal trainer/coach, active recreation space, and opportunities are a community asset. Versed in Boynton\'s Master Plan and vision for continued growth, I also bring my knowledge of land use, zoning, and central business districts, as well as, expert research skills. Most importantly, as a parent and citizen, I want to contribute to Boynton\'s growth and quality of life. Professional Memberships American Library Ass. National Association of Strength and Conditioning Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 74.255.226.195 (United States) at 2020-11-16 08:34:38 on Chrome 86.0.4240.193 Entry ID: 410 Referrer: httDs://www.boynton-beach,.,gMZ Form Host: tt s:vw�;r.123Forruiler.comforr�ro-583214 Advisor Board-AOlaoit�ent �Ianl"scat:on Page 31 of 456 Cher -Guberman, Catherine From: City Clerk Sent: Sunday, December 27, 2020 7:32 PM To: Cherry-Guberman, Catherine Subject: FW: Advisory Board Appointment application From: Joel.barsky87 <noreply@123formbuilder.io> Sent: Sunday, December 27, 202012:31 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 12/27/2020 Name Joel Barsky Phone number 561-735-1420 Address 1901 W Woolbright Rd Apt A104 Boynton Beach FL 33426 United States Email Joel.arskv87tmail.com Current occupation or, if retired, prior occupation Assistant Program Director Education Master of Public Health in International Health & Development Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a businessYeswithin City limits? If "yes", name of business: Irie Chat Productions Are you currently serving on a No City board? Have you served on a City Yes board in the past? If "yes", which board(s) and Development Board in Georgetown, SC when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Recreation & Parks Board 1 Page 32 of 456 Personal Qualifications I\'ve been brought up in Boynton Beach, FL since 1992, and went to Boynton Beach High School. I did my Bachelors at the University of South Florida in Tampa, FL and my Masters at Tulane University in New Orleans. I\'ve served in the Fiji Islands as a Peace Corps Volunteer where I engaged in community development projects at my assigned station. I currently have several years of experience with the federal government that involves various responsibilities, such as, budget management, supervising a team of people, networking with other stakeholders, reviewing contracts, and other assigned duties. I\'II be able to bring personal knowledge that I know about the city and people to help the city. Professional Memberships N/A Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 108.220.239.175 (United States) at 2020-12-27 12:31:02 on Safari 14.0.1 Entry ID: 415 Referrer: https:1Jwww. boy nton-beach or Form Host: htt s://forrn.12 form uilder.com/583214 Page 33 of 456 4.B. ADMINISTRATIVE 1/5/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/5/2021 Requested Action by Commission: Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to the Boynton Beach Garden Club. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to the Boynton Beach Garden Club to be used to create a socially distanced area outside where Freedom Shores Elementary students can learn about native plants. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of $2,000 for each Commission member were approved in the 2020/2021 budget. Alternatives: Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type ttach irTIENI'lt Description CSI:::: IREs,gL E)St Il:::::oirirn ... Il:: oyir:toinIBE: ,ach (::)a ir'dE)1[': Ck.ab Page 34 of 456 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQ UES T FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 12-08-2020 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested $200.00 Recipient/Payee: Boynton Beach Garden Club Description of project, program, or activity to be funded: create a socially distanced area outside where Freedom Shores elementary students could learn about native plants Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2000.00. The balance of funds available for the requesting Member of the Commission is $600.00. Accordingly: X There are funds available as requested CJ There are insufficient funds available as requested Dated �R��r '�� , � r'� a r� �M �u^n�� By. 1 City Clerk Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire communiW served by such donation Dated Requesting Member of the City Commission S;\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2020-2021\Mayor Grant\Mayor Grant- Boynton Beach Garden Club FY 2021.docx Page 35 of 456 4.C. ADMINISTRATIVE 1/5/2021 Requested Action by Commission: Authorize City Commissioners to attend the National League of Cities Congressional City Conference from March 7-10, 2021. The Conference will be online. Explanation of Request: The National League of Cities Congressional City Conference will be held virtually from March 7-10, 2021. Conference information is attached. Early Bird Registration is $99.00 per person. In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission. (Resolution attached.) How will this affect city programs or services? N/A Fiscal Impact: Budgeted Funds in the amount of $4,000.00 were included in the approved FY20/21 budget for the Commission's travel to the National League of Cities Conference under account 001-1110-511-40-12. Alternatives: Do not authorize any Commissioners to attend the conference. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description ffaclhtirTIENI'lt M Coingir'E)S§ioinal City C01['1fE)rEs1r'10E) Ilirffal ffaclhtirTIENI'lt Coirnrnia:>sioin Pira vefl IFloicy Page 36 of 456 Wohler, Pamela .... .. ..... From: Katie Colten <kcolten@nlc,org> Sent: Wednesday, December 16, 2020 3:51 PM To: Wohler, Pamela Subject: RE: Introducing Your South Regional Membership Roundup Newsletter Hi, The draft agenda is not out yet, I expect it will be on the website by early January and will send you an email once it is live if that works. From: Wohler, Pamela <WohlerP@bbfl.us> Sent: Wednesday, December 16, 2020 2:25 PM To: Katie Colten <kcolten@nlc.org> Subject: RE: Introducing Your South Regional Membership Roundup Newsletter Is there an agenda for the upcoming Congressional City Conference (March 2021)? 1 have to place on a City Commission Meeting for approval and they require an agenda. Yrars 01J. C W 7 N 0 IY: 6: 0 It N TO 114 SFACH Pamela Wohler Administrative Assistant City Manager's Office Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 t,o 561-742-6015 9 WohlerP@bbfl.us boynton-beachorg/ 1 VON Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Katie Colten <I( o�t I Cjorg> _9 Sent: Wednesday, December 02, 202010:47 AM To: Wohler, Pamela <Wol J rP ��! aftus> 0�t[12_1_ ___ _ Subject: RE: Introducing Your South Regional Membership Roundup Newsletter Good Morning, Page 37 of 456 12/16/2020 Event Profile 2021 Congressional City Conference Date(s): March 7 —10, 2021 Venue: Virtual Platform V Event Info 4( Go Back Description: At the Congressional City Conference, local officials will hear directly from policymakers and thought leaders, discover the latest funding opportunities to support economic growth and learn emerging practices to strengthen local communities. The conference will culminate with a visit to Capitol Hill. NLC will coordinate meetings for local officials to discuss their community needs with representatives from their congressional districts. Individual Registration QynamicPage.aspx?Reg evt key=480f6b86-27e8-4bba-a230- 61710fbc185e&WebCode=EvtRedirectorTL) no Group Registration (DynamicPage.aspx?Reg evt key=480f6b86-27e8-4bba-a230- 61710fbc185e&Group—ryes&W bCode=EvtRedirectorTL) If you are registering other individuals from your city or organization, please select the Group Registration option. This will allow you to register anyone who is affiliated to your organization. COPYRIGHT© 2020 NATIONAL LEAGUE OF CITIES. ALL RIGHTS RESERVED. https://my.nlc.org/eweb/DynamicPage.aspx?webeode=Eventlnfo&Reg_evt key=48016b86-27e8-4bba-a230-61710fbcl85e&RegPath=Eveen gFeeess& .. 4�f 12/1612020 Congressional City Conference: App Home EARLY BIRD NOVEMBER 19, 2020 - JANUARY 15, 2021 MEMBER SML MEMBER NON-MEMBER $99 $1,50 $205 ADVANCED JANUARY 16 - MARCH 4, 2021 MEMBER SML MEMBER NON-MEMBER "'260 $14 0 %,11,311199 $ cm 12/16/2020 Congressional City Conference: App Home LOCAL IIIIIIIIII III)I IIII Your advocacy is more important than ever! You are hereby invited to shape national policy and guide NLVs federal advocacy efforts. Don't miss the chance to learn and grow at Congressional City Conference 2021! IIIIII 011 T IIIIIIIII NOW Take part in an immersive and unparalleled program that helps local leaders learn best practices, discover tools and gather resources to best fit the diverse set of your communities' needs. Through workshops and general sessions, conference delegates will get specialized training to build leadership skills and conduct productive meetings with federal representatives. haps://ccc.nic.org 12116/2020 Congressional City Conference: App Home First Name Last Name Email NLC may keep me Informed with smalls about Congressional City Conference. Ojp,ot,A m ilme 12/16/2020 Congressional City Conference: App Home 12116/2020 Congressional City Conference: App Home https://ccc.nic.org Page 43 of 44V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R 07 - 150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A TRAVEL POLICY; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING TRAVEL BY THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish a travel policy to provide for an administrative process by which each member of the Commission would obtain concurrence of a majority of the members of the City Commission for approval of travel expenditures; and WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing travel by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach does hereby establish a Travel Policy, a copy of which is attached hereto as Exhibit "A". Section 3. That any and all previous Resolutions and/or Policies governing travel are rescinded. Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 44 of 456 RI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PASSED AND ADOPTED this 18 day of December, 2007. ATTEST: M. Prainito, CMC Clerk SACA\RESO\Commission Travel Policy.doc 12/3/07 CITY OF BOYNTON BEACH, FLORIDA or — Je aylo '22— t// — Vice M r — J odii ez Commissioner — Ronald Wei an Commissioner — Woodrow—E.- Commissioner oo .Commissioner — Marlene Ross Page 45 of 456 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1. Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 46 of 456 City of Boynton Beach City Commission Gt�IVFE�t��E=�&° �'�tA1��F�ECt' ��►T Date of Request: City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: W: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: "Cl LV NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 47 of 456 5.A. CONSENTAGENDA 1/5/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/5/2021 Requested Action by Commission: Legal Expenses - November 2020 - Information at the request of the City Commission. No action required. Explanation of Request: Outside Counsel invoices received thru Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt Description (':.,)oir'E)1['1 ChE)rofNoveirnbE)r 2020linvoiC21S (':.,)oir'E)1['1 ChE)rof Risk I itigatioinNov(..sirnbE�Iir' 2020 I 111VOiCE)S OL.JtsidE) COLAIIISE�fl (3)ENraciNoveirnbE�Iir' 2020 OL.JtsidE) COLAIIISE�fl IMcJ:::::addE)1['1 OctobE)r 2020 Page 48 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson LABOR - General ACCOUNT NO STATEMENT NO 11/03/2020 SHB Telephone conference with Gregory re: IA and other pending matters. JAC Call with Bonni Jensen regarding police pension and inclusion/exclusion of police chief; follow up with LL; 11/13/2020 JAC Review and research Adam Levinson letter regarding fire Pension; pull CBA notes; 11/16/2020 SHB Research re: updated CDC, DOH, OSHA, and other guidelines re: updated COVID procedures. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.70 $205.00 1.00 205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-0603180 33960 HOURS 0.30 0.90 0.80 0.70 2.70 553.50 TOTAL $348.50 205.00 553.50 $553.50 Page 49 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Red Light Cameras Photocopies TOTAL EXPENSES THRU 11/30/2020 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-0806020 33961 0.70 0.70 1,061.70 $1,061.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 50 of 456 HOURS 11/03/2020 SHB Review pending motions and upcoming trials. Follow up with Hollander re: request to review videos and trial evidence. Follow up with PD. 1.00 11/06/2020 PE Sort organized and prepared 6 Boynton notices for 11/16 and 11/18/2020 hearing converted to PDF/A and efiled. 2.60 SHB Review and approve NOls. 0.30 11/16/2020 PE Updated tracking log updated SHB calendar. 1.10 11/20/2020 PE Prepared notices for Boynton 12/2 and 12/3/2020. 1.00 11/23/2020 SHB Review and approve NOI. 0.10 PE Prepared Boynton notices for 12/2/2020 and 12/7/2020. Converted to PDF/A and e -filed. 1.00 11/25/2020 SHB Receive and review Supreme court ruling re: Aventura appeal matter. 0.30 FOR CURRENT SERVICES RENDERED 7.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.70 $205.00 $348.50 PATRICIA EUGENE 5.70 125.00 712.50 Photocopies TOTAL EXPENSES THRU 11/30/2020 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-0806020 33961 0.70 0.70 1,061.70 $1,061.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 50 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson General Matters ACCOUNT NO STATEMENT NO 11/03/2020 QEM Continue work on lien issues re: Unresolved Claim of Lien - CFN 20160348680; telephone call to owners representative. 0.50 HN Review of other municipal clients code of ordinances regarding signs. 0.70 SHB Review statute and discuss PRR and exemption matters with Clerk's office. 0.40 JAC Review Park mobile subscriber agreement; review agenda for staff meeting; miscellaneous preparation and research for commission meeting; discussed pending issues with assistant CityAttorney's;Review tree canopy coverage project/CRA correspondence; review FDEP warning letter and research regarding same; review status of Lenore service of process; review Haider outdoor artist agreement; Review Philson claims letter; 6.00 11/04/2020 HN Prep for phone conference with Adam Temple and Mike Rumpf tomorrow. Review legal issues raised and finishing research to provide to Adam and Mike tomorrow. 2.60 SHB Telephone conference with Boca ACA Diana Frieser re: emergency ordinance for virtual meetings; review ordinance and AGO opinions related to virtual meetings. 1.00 JAC Prepare for, attend and follow up on city commission meeting; review email regarding decision finish floor elevation; review and research regarding FDEP warning/treatment plant; 5.50 11/05/2020 HN Review of other jurisdictions in florida have digital sign ordinances. Update of chart and list of questions. Email to Adam Temple and Mike Rumpf notes in preparation for call at 3 pm. Review of Mike's comments and additions to chart in preparation for conference call. Phone conference with Adam and Mike. Email to JAC with a status update of the sign code project. 3.30 Page: 1 12/02/2020 306-9001821 33962 Page 51 of 456 HOURS 11/02/2020 QEM Review and evaluation of materials forwarded by Ms. Swanson re: JavaConnections DBA LaptopsAnytime; respond to inquiry; begin review of 130 SE 14th Avenue lien issue. 1.80 HN Discussion with Adam Temple regarding Sign Code Project. Research relating to billboards and the City sign code. 0.60 JAC Staff conference call regarding city commission agenda; follow up with manager regarding Homing Inn federal court litigation; review pleadings and trial order; call with Clerk regarding city seal;Review pleadings regarding HO motion to dismiss; Miscellaneous Town Square review for presentation at city commission meeting; follow up review of Pulte transaction for presentation and city commission meeting 4.60 11/03/2020 QEM Continue work on lien issues re: Unresolved Claim of Lien - CFN 20160348680; telephone call to owners representative. 0.50 HN Review of other municipal clients code of ordinances regarding signs. 0.70 SHB Review statute and discuss PRR and exemption matters with Clerk's office. 0.40 JAC Review Park mobile subscriber agreement; review agenda for staff meeting; miscellaneous preparation and research for commission meeting; discussed pending issues with assistant CityAttorney's;Review tree canopy coverage project/CRA correspondence; review FDEP warning letter and research regarding same; review status of Lenore service of process; review Haider outdoor artist agreement; Review Philson claims letter; 6.00 11/04/2020 HN Prep for phone conference with Adam Temple and Mike Rumpf tomorrow. Review legal issues raised and finishing research to provide to Adam and Mike tomorrow. 2.60 SHB Telephone conference with Boca ACA Diana Frieser re: emergency ordinance for virtual meetings; review ordinance and AGO opinions related to virtual meetings. 1.00 JAC Prepare for, attend and follow up on city commission meeting; review email regarding decision finish floor elevation; review and research regarding FDEP warning/treatment plant; 5.50 11/05/2020 HN Review of other jurisdictions in florida have digital sign ordinances. Update of chart and list of questions. Email to Adam Temple and Mike Rumpf notes in preparation for call at 3 pm. Review of Mike's comments and additions to chart in preparation for conference call. Phone conference with Adam and Mike. Email to JAC with a status update of the sign code project. 3.30 Page: 1 12/02/2020 306-9001821 33962 Page 51 of 456 Page: 2 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 33962 General Matters JAC Discuss vacant parcel encroachment issues with Colin Groff; online research regarding same; prepare for demand to vacate letters; commission meeting follow up; review for elevation issue; miscellaneous research regarding same; call with Michael Morton regarding billboard settlement agreement and Transfer of billboard rights; call from Boca Raton assistant CityAttorney regarding CMT meeting continuation ordinance; 4.20 11/06/2020 HN on site office hours: review and signature of agreements. Drafting sign code ordinance. Review of billboard settlement, complaint and judgment in Clear Channel Outdoor, Inc. case. 4.70 DS Reviewed correspondence regarding advisory board code of ordinance update. Reviewed City Code. 0.50 QEM Update staff re: status of Unresolved Claim of Lien - CFN 20160348680. 0.40 SHB Review and sign reasonable accommodation agreement. Review and sign artist agreements. 0.70 JAC Review Zissel correspondence regarding Monterey community development district; pull notes regarding discussion with Andre Parke and reply to email; weekly review of correspondence/pleadings Pending litigation cases; review DS turn off reply regarding sunshine law and boards; call from Michael Morton and follow up with Mike Rumpf regarding billboards on interstate 95 3.50 11/09/2020 JAC Call with Mark Meyer regarding Yasmin's plaza; miscellaneous review of records regarding enforcement issues at Plaza semicolon call to staff; review Nichols property request for deposit letter from Andrew Maxey; discuss same with staff; Review with Lynn Swanson/pending staff memorandum and request for research; discuss pending matters with assistant city attorney's 3.60 11/10/2020 HN drafting sign code ordinance based on chart and discussions with Adam Temple and Mike Rumpf. 0.70 SMS Review of License Agreement for PD Storage of Equipment with County and correspondences 0.90 JAC Research compounding of state extension of development orders; review Ka Hock GO bankruptcy options; How long to read review of exempt records request form for protected positions per 119; continue review of Laurore foreclosure issues; 3.50 11/11/2020 DS Reviewed and analyzed Section 119.071, Florida Statutes. Researched exempt record request form. 1.40 HN drafting sign code ordinance. Incorporating changes discussed with Adam and Mike. 0.50 JAC Review ordinance adoption issue concerning Wells landing; review public records request in communication with Jonathan Gomez; miscellaneous office administration issues including review of assistant CityAttorney assignments; Review in discussion regarding Laurore foreclosure; Follow up with Gal Betesh regarding finalization of library code of conduct; 2.80 11/12/2020 DS Reviewed Chapter 27 and old Code provisions related to Advisory Boards. Drafted revision summary related to Ch. 27. Researched Section 119.071, florida statutes. Revised public records exemption request form. 3.80 HN Discussion with Adam Temple regarding sign code project. 0.10 Page 52 of 456 Page: 3 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 33962 General Matters JAC Discussed distribution of library code; review pending agenda items from staff; review status of Wells landing public hearings; Conference call regarding Yachtmen's Plaza; prep for workforce/affordable housing workshop/miscellaneous research city coding related codes; calls or a cancellation of meeting due to technical difficulties SHB Chronic nuisance meeting with City staff. Research re: background check or other guest evaluation methods for hotels and property owners. Review law enforcement panhandling matters. Discuss virtual meeting ordinance matters with JAC. 11/13/2020 QEM Review of agenda item request form for Fire Department vehicle purchase. DS Finalized and prepared public records exemption request form. Reviewed government in sunshine manual. Drafted email re: public records exemption form. HN Drafting BB ordinance with case law research and discussions with Mike and Adam. SHB Review and approve Artist Agreement. Review code and various documents re: assessment of costs for chronic nuisance matters. JAC Review PPR regarding JKM response letter; review judgment in D. Katz case and prep closure of deposition files; research public records request and copyright limitations for local government; provide directions to Clerk regarding same; review and revise landing artist agreement; Finalize CAO input on agenda items and review final commission agenda; Review weeks incoming pleading in pending toward defense cases; review William Berk related correspondence in Vanegas case; 11/16/2020 SHB Review and approve artist agreement. 11/17/2020 DS Discussed municipal liens and homestead with H.N. and M.D.C. Reviewed probate case information for Estate of Dwork. Reviewed and analyzed Ch. 162 and s. 733.702. Drafted research response to city. JAC Prepare for and attend virtual city commission meeting; Conference call regarding fire pension letter and response;Update research regarding polystyrene preemption cases; Review estate claim issue; review foreclosure a nuisance property court case reports from HN & TD; Review status of property registration ordinance; review employment agreements; SHB Follow up with staff re: various chronic nuisance matters. Review and revise agreement with Inn at Boynton. 11/18/2020 DS Followed up with J.A.C. re: Estate of Dwork. QEM Review of multiple email correspondence re: Fire Rescue Vehicle purchases approved by City Commission; begin review and evaluation of Agreement and Addendum with Bibliotheca. JAC City commission meeting follow up; check on status of assistant CityAttorney assignments; review for arts board meetings; call with Mayor regarding pursuing excess funds in foreclosure cases; check prior cases regarding same; Review pending departmental request for review 11/19/2020 DS Discussed Estate of Dwork with J.A.C. and L.T. HN On site office hours: review and signature of contracts, discussion with City Manager regarding pending foreclosure cases, review and research of the Mayor's questions related to a property located at 3320 E ATLANTIC DR. Review of the tax collector information on the subject property. Review of the property appraiser information on the subject property. SHB Review and approve artist agreement. HOURS 5.20 691, 1.40 0.30 0.60 5.30 0.30 1.40 6.30 1.30 0.10 1.20 3.50 0.30 4.20 0.30 Page 53 of 456 Page: 4 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 33962 General Matters HOURS JAC Review arts board issue and artists agreements; review declaration/unity of title issues for habitat for humanity; research title issue; call and review regarding unveiling of mural artwork at Fire station; call with manager regarding same; review agenda items; research regarding CDL self certification and medical card regulations/waivers by FDOT; review regarding agenda format for quasijudicial hearings; update research regarding same;Update research regarding abandonment of ROW and easements; Miscellaneous office administration regarding office hours and COVID-19 safeguards; review federal state and county orders 5.40 SMS Call with staff to discuss possible second access way for Casa del Mar and call to K HOV attorney 0.60 11/20/2020 HN Phone call discussion with JAC regarding the Mayor's questions related to a tax deed sale. Review of email from the Fire Department regarding false alarms and imposition of fee or penalty. Review of Section 193.011, Florida Statutes and review of Florida Administrative Code. Phone call discussion with Palm Beach County General Counsel to the Property Appraiser regarding guidance of factors in appraising value. Researched and review the City's Code of Ordinances regarding whether the city has standing to file with Value Adjustment Board and review of process. Review of tax collector process for tax sale deeds and lienholder's claiming an interest in surplus funds. Follow up email to JAC with answers to the Mayors questions. 3.70 JAC Review assistant CityAttorney assignments and monitor court pleadings related to same; review pending staff assignments; review wells landing approval issues; research regarding Aldo USA Inc.Utility arrearage and pending Canadian/US bankruptcy claims procedures; discuss tax deed claims with Heather N. And discussed development of claims checklist; review court opinion regarding conversion therapy ordinance 4.00 SMS Review of Agenda description, resolution, and declaration of Unity of Control and Unity of Title 1.50 11/21/2020 SMS Review and correspondences related to additional item for release and approval of unity of control document 0.30 11/23/2020 HN Review of Section 194.011 and 194.034, Florida Statutes as it relates to who has standing to file a petition with the Value Adjustment Board. Case law research. Email to JAC with legal analysis. Drafting email to Mayor. Email to JAC with draft email. 1.60 QEM Review of email re: fire rescue vehicle purchase piggyback agreements. 0.40 SHB Review proposed Navy agreement and related federal rules. Follow up re: indemnity matters. 0.70 SMS Revise resolutions and agenda item information for Release of Unity of Title and Declaration of Unity of Control 0.90 JAC Discuss agenda item formation with LS; review staff submitted agenda items; review Optum agreement; review additional FSA contract issues/fire trucks;Review Juneteenth issue and other municipal actions; review tax deed sale issue with Heather; review Sara Sims Park replat process/issue; review pending assignments and assistant CityAttorney workload issues;Review pleadings in Karen and Wing Ho case; follow up on unity of title/habitat properties; review Sutphen piggyback agreement; follow up regarding trespassing Girl Scout Park. 7.30 Page 54 of 456 Page: 5 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 33962 General Matters HOURS 11/24/2020 HN Research over what the difference is in using the term "penalty" versus "fee" in the false alarm code. Researched west law cases. Reviewed what other municipalities have done in their code. Phone call to Adam Temple regarding the sign code ordinance. Phone conference with Captain Matthew Zeller and Chief Mike Gregory regarding false alarms and question of whether the ordinance should reference fees or penalties. Email exchanges with Sophia Stewart in Fire Department regarding the false alarm ordinance. 1.80 DS Drafted Notice of Claim for Estate of Dwork. 0.30 JAC Emails with Daniel Hardin regarding interstate 95 billboards; review settlement agreement; follow up regarding recording and releasing easements/town Square; additional agenda review and follow up; evaluate land development regulation approval process and public notice of continuances 4.30 11/25/2020 HN Follow up email to JAC regarding Mayor Grant's questions re: tax deed sale. Phone call to Adam Temple. edits to sign code ordinance. 0.70 DS Reviewed and analyzed 733.2121, florida statutes. Revised statement of claim. Reviewed claim of liens recorded against estate of dwork. 1.00 SHB Receive and review MOU. 0.30 SMS Telephone conference call with Counsel for K HOV and review of latest Development Agreement 0.60 JAC Agenda review; review 7 -Eleven correspondence from Brian Seymour; coordinate meeting with staff to discuss; review record of approval and review meeting video and minutes;Miscellaneous research regarding letter of credit language in code per possible update; review status of pending tort defense cases 4.40 11/30/2020 DS Researched utility and fire department liens. Discussed code liens with City (T.G.). Revised statement of claim. Discussed outstanding utility amount with Utilities (S.H.). Drafted affidavit for code compliance manager. 1.30 JAC Month-end review of pending matters and assignments; review miscellaneous documents from LS; discuss agenda with staff and CityManager; follow up on extension of virtual meetings by resolution of commission; follow up with staff regarding 7 -Eleven approval; email to Brian Seymour regarding of staff comment/condition; follow up review of mandatory vaccine for public safety employees and implementation of policy;Follow up on HO with litigation; review federal state and county orders and status on COVID-19 issues. 5.00 SMS Correspondences related to Casa Del Mar project 0.20 FOR CURRENT SERVICES RENDERED 141.00 18,385.92 TOTAL CURRENT WORK 18,385.92 BALANCE DUE $18,385.92 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 55 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Bankruptcy L�� 11/02/2020 KLE Follow up/review docket/order re: Ka Hock Go 0.20 11/10/2020 KLE Review docket for Ka Hock Go supplemental filings. 0.20 11/19/2020 KLE Review bankruptcy documents from Lynn re: Ka Hock Go - Notice of Chapter 13 0.20 11/20/2020 KLE Review and revise Objection to Plan and Proof of Secured Claim for Ka Hock Go; review documents re: Aldo US 0.90 11/23/2020 KLE Review revised secured claim for Ka Hock Go 0.20 11/30/2020 KLE Revise, final and file Objection to Confirmation of Plan and Proof of Claim re: Ka Hock Go. 0.80 FOR CURRENT SERVICES RENDERED 2.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 2.50 $205.00 $512.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9304150 33963 512.50 512.50 $512.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 56 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Litigation Miscellaneous ACCOUNT NO STATEMENT NO L�� 11/02/2020 GB Emails with City regarding revised code of conduct for library. 0.10 TAD Receipt and review of correspondence re: release information. Prepare response to same. 0.20 BJS Follow up re: Caldwell/Return of Property 0.30 11/03/2020 TAD Receipt and review of proposed contract regarding parking services. Review correspondence re: issues with agreement. Review and provide comments on agreement terms. Review law re: exculpatory clauses. Prepare correspondence re: proposed revisions and issues with agreement terms. 1.80 BJS Review and follow up re: Return of Firearm re: Grieco, review of court docket, Review Motion to Return Property re: JeanBaptiste 0.70 11/04/2020 GB Telephone conference call with City library regarding edits to code of conduct. Telephone conference call with JAC regarding conversation with library. Telephone conference call with City regarding edits to library code of conduct. Edits to code of conduct based on conversation with library. Emailed revised Code of Conduct to JAC and City for review and approval. 1.30 TAD Receipt and review of correspondence re: new claim. Review incident report and pictures. 0.30 BJS Review request and draft response to Thomas D'Andrea re: Disposition of Property in the Evidence Room 0.50 11/05/2020 BJS Telephone calls with with Quesada law firm re: Motion and follow up re: Jean Baptist 0.50 11/09/2020 GB Email to City and JAC regarding library code of conduct. 0.10 11/10/2020 BJS Telephone call with Joe Antonio re: Drug Destruction 0.20 TAD Receipt and review of correspondence from City re: claim information. Confer with City re: same. 0.20 GB Emails with City regarding Library Code of Conduct and Emails with JAC regarding Code of Conduct. 0.20 11/11/2020 GB Telephone conference call with JAC regarding library code of conduct. Email to City regarding placing revised Code of Conduct on City website. 0.20 BJS Follow up and finalize agreed Order re: Caldwell, follow up re: Grieco firearm/return and draft correspondence to Scott Long, file NOA in Jean Baptist 1.00 Page: 1 12/02/2020 306-9904950 33964 11/12/2020 GB Telephone conference call with City regarding Library Code of Conduct. Page 57 of 456 Page: 2 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 33964 Litigation Miscellaneous HOURS Email with JAC and City regarding finalizing Library Code of Conduct. 0.40 BJS Follow up re: Grieco/Return of Fiream 0.50 TAD Receipt and review of judgment and prepare correspondence re: same. 0.20 11/13/2020 BJS Review and follow up re: Caldwell Order, review and draft follow up correspondence re: FitzBaptist/Returnof Firearm, follow up re: Greico, telephone call with Chief Snow 1.30 11/16/2020 TAD Receipt and review of correspondence from the City re: contract terms. Prepare correspondence re: same. Receipt of additional correspondence from City re: changes and prepare response to same. Revise contract revision contacts for discussion with vendor. Receipt of additional correspondence from City re: contract terms. 2.60 BJS Review and follow up re: JeanBaptist/Motion to Return Firearm 0.30 11/17/2020 TAD Receipt and review of amended judgment in Katz matter. Confer with City public works regarding park mobile contract. Revise contract for discussion with vendor and prepare correspondence re: same. 1.10 BJS Telephone call with Joe San Antonio and follow up re: Drug Destruction, follow up re: Powlenko Order, follow up re: FritzBaptist 0.50 11/19/2020 GB Emails with City regarding subpoena for deposition. Reviewed subpoena and affidavit served on City. Telephone conference call with City regarding Subpoena for Deposition Duces Tecum. 0.60 11/20/2020 TAD Receipt and review of correspondence from City re: claim for trip and fall incident. Review report and photographs. 0.30 BJS Review Petition for Evidence Destruction and Exhibits and submit to Court for approval 0.70 11/23/2020 BJS Review and draft follow up correspondence re: Jean Baptist/Court Inquiry 0.60 11/24/2020 TAD Receipt and review of correspondence re: inspection and preservation and report. Review photographs 0.20 BJS Attend Motion to Return Property re: Jean Baptist via Zoom 0.50 11/25/2020 TAD Receipt and review of correspondence re: subpoena. Review subpoena and matter information. Review docket information. Prepare correspondence to City re: response to subpoena. Receipt of correspondence from City re: additional information on subpoena. 0.60 11/30/2020 BJS Follow up re: Return of Firearm 0.30 FOR CURRENT SERVICES RENDERED 18.30 3,751.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 2.90 $205.00 $594.50 BRIAN J. SHERMAN 7.90 205.00 1,619.50 TRACEY A. DECARLO 7.50 205.00 1,537.50 TOTAL CURRENT WORK 3,751.50 Page 58 of 456 CITY OF BOYNTON BEACH Litigation Miscellaneous BALANCE DUE Page: 3 12/02/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 33964 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $3,751.50 Page 59 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Town Square Development ACCOUNT NO STATEMENT NO HOURS 11/02/2020 DJD Review City records; telephone conference with JAC. 1.60 11/10/2020 JAC Telephone conference with Michael Pawelczyk regarding pending dispute with JKM; update staff; gather exhibits for draft compliant 1.40 11/18/2020 RLL Attend telephone conference call with JAC, DJD, City Manger and Asst. City Manager regarding status of completion of City Hall/Library and Police Station; telephone call to Steve Collins regarding signature needed on Termination of Easements. 0.60 JAC Miscellaneous calls regarding status of execution of easement related documents; conference call with CityManager and assistant CityManager regarding project status 1.50 DJD Address documentation execution. 0.40 11/19/2020 JAC Reviews and follow up calls regarding transmittal of easement documents to Steve Collins; 0.70 11/25/2020 RLL Prepare recording of three Termination of Parking Easement and two Temporary Parking Easements in the public records. 0.70 DJD Address Recordation of Parking Easement. 0.80 FOR CURRENT SERVICES RENDERED 7.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.60 $205.00 $738.00 D.J. DOODY 2.80 205.00 574.00 RACHEL L LEACH 1.30 125.00 162.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9905263 33965 1,474.50 $1,474.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 60 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Cain, Courtney (Labor) 11/30/2020 GB Email to TAD Regarding Plaintiff's responses to discovery. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.10 0.10 RECAPITULATION HOURS HOURLY RATE TOTAL 0.10 $205.00 $20.50 Page: 1 12/02/2020 306-9905357 33966 20.50 20.50 $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 61 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. AI-Hattab, Andrew (Appeal - RLC Magistrate) TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9905424 33967 1,004.50 $1,004.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 62 of 456 HOURS 11/02/2020 SHB Receive and review writ, order to pay filing fee, and various other documents from 4th DCA. 0.40 11/06/2020 SHB Receive and review Mandate. Prepare and file Notice of Appearance to 4th DCA. 0.60 11/19/2020 SHB Receive and review order of dismissal. Receive and review Initial Brief. 1.20 11/23/2020 SHB Receive and review Motion for Reinstatement. 0.20 11/24/2020 SHB Review appendix to initial brief. 1.00 11/30/2020 SHB Receive and review Motion to Amend and Amended Initial Brief. 1.50 FOR CURRENT SERVICES RENDERED 4.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 4.90 $205.00 $1,004.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9905424 33967 1,004.50 $1,004.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 62 of 456 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 12/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 33968 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 11/02/2020 CLD Drafted Notice of Hearing. 0.20 11/04/2020 HN Discussion about the clerk entering default. 0.10 CLD Phone call with clerk's office re: defaults against tenants; research and discussions re: military affidavits of tenants. 0.40 11/09/2020 HN Left voice message for opposing counsel, Daniel Rose, regarding hearing on City's motion to strike. 0.10 CLD Review judge's procedures page re: setting/canceling City's M/Strike Affirmative Defenses; phone call to judicial assistant re: same. 0.30 11/10/2020 HN Review of email from Daniel Rose and response email. Email exchange with JAC regarding clerk defaults on known tenants. Discussion with Daniel Rose regarding an agreed order striking their affirmative defenses. Left a voice message with Adam temple regarding the status of the nusiance abatement agreement. Review of email from Adam Temple and response. Review of Judge Nutt's instructions as it relates to an agreed order. 0.90 11/11/2020 CLD Drafted transmittal letter to Judge Nutt re:: proposed Agreed Order. 0.30 HN Review of letter to Judge regarding agreed order to strike defendant's affirmative defenses. 0.20 11/12/2020 HN Discussion with Adam Temple regarding efforts of defendants in complying with chronic nuisance agreement. Discussion with Shana Bridgeman regarding status of foreclosure. 0.40 11/16/2020 HN Inquired on status of agreed order to strike affirmative defenses and military affidavits for tenants. 0.10 11/18/2020 HN Review of filings with court related to the known tenants. Review of Search done by military database for known tenants. 0.30 CLD Drafted Notice of Filing Non -Military Affidavit (Montgomery); drafted Motion for Judicial Default (Smith). 1.00 11/19/2020 HN Phone call to Daniel Rose regarding agreeing to agreed order to strike their affirmative defenses. Discussion with City Manager regarding this matter. Review and edits of military affidavit, motion for clerk default and motion for judicial default. 0.40 CLD Finalized and e -filed Motion for Judicial Default as to unknown tenant #2 (Smith); finalized and e -filed Affidavit of Non -Military Status (Montgomery); drafted and e -filed City's third Motion for Clerk's Default (Montgomery). 1.20 Page 63 of 456 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Laurore, Iva and Renan (Code/Foreclosure) 11/20/2020 HN Follow up on hearing on motion to strike affirmative defenses. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE HEATHER NEEDELMAN 2.70 $205.00 CYNTHIA L. DUNN 3.40 125.00 11/17/2020 SCRA - Military Search TOTAL ADVANCES THRU 11/30/2020 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 6.10 TOTAL $553.50 425.00 Page: 2 12/02/2020 306-9905432 33968 36.40 1,014.90 $1,014.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 64 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) L�� 11/02/2020 HN Review and edit of motion to extend time on serving Wing Ho. Informed by Palm Beach Sheriffs Office that Wing Ho was served. Review of final draft of reply to motion to dismiss and minor edits. Review of exhibits to motion. 0.80 CLD Finalized and e -filed Motion for Extension of Time to Serve; e -service effectuated on Karen Ho; phone call with PBSO confirming service on Wing Ho. 0.70 11/03/2020 HN Review and edits of reply to Karen Ho's Motion to Dismiss. Approval for filing. 0.40 CLD Revised, finalized, and e -filed City Reply to Motion to Dismiss; effectuated service on Hos. 0.40 11/10/2020 HN Review of notice of filing PBSO affidavit of service. 0.10 11/23/2020 HN Review of Wing Ho's motion to extend time to respond to amended complaint. Review of the Florida Department of Corrections database for information on Karen Ho's imprisonment. Discussion with TAD. Direction to agree to motion. Reviewed notice of agreed extension of time for Wing Ho to file response to Amended Complaint. 0.80 FOR CURRENT SERVICES RENDERED 3.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 2.10 $205.00 $430.50 CYNTHIA L. DUNN 1.10 125.00 137.50 Photocopies TOTAL EXPENSES THRU 11/30/2020 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9905433 33969 568.00 23.45 23.45 591.45 $591.45 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 65 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) .[oil]; 11/02/2020 HN Review of recorded release of liens. Email to Jordan Brill (Eckols attorney) with release of liens. 0.10 HN Review of email from Theresa Utterback from CRA. Phone discussion with Adam Temple and response email to Theresa. 0.20 11/03/2020 HN Review of email from Teresa Utterback from the CRA. Phone discussion with RL. Phone call and voice message left for Teresa. Phone conversations with Teresa Utterback and Lynn Swanson regarding the deed. 0.50 11/05/2020 HN Phone call to Lynn Swanson regarding status of approving transfer of subject property to CRA. Review of email from Teresa Utterback. 0.20 11/06/2020 HN Review of email from Theresa Utterback from the CRA regarding the subject property. Phone call discussion with Teresa regarding access to the property. 0.20 FOR CURRENT SERVICES RENDERED 1.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 1.20 $205.00 $246.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9905434 33970 246.00 $246.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 66 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) HOURS 11/02/2020 CLD Review/calendaring of bankruptcy docket. 0.20 11/10/2020 CLD Reviewed bankruptcy docket; downloaded items. 0.30 11/11/2020 HN Email exchange with Kerry Ezrol as to the status of the outstanding liens on the property and the status of the property on the property appraiser's website. Email to Tanya Guim and Tammy Stanzione regarding status of code liens and lot liens as of 10/12/20. Email response to Kerry Ezrol. Email exchange with Kerry Ezrol regarding who owns title to the property. 1.10 JAC Review and miscellaneous research regarding bankruptcy issues 0.70 11/12/2020 HN Review of Tammy Stanzione and Tanya Guim's emails regarding outstanding balances on liens. Review of liens and recording date information. Email to Kerry Ezrol cc JAC list of all of the outstanding liens and recording dates. 0.60 11/18/2020 JAC Review post order of dismissal options to update Commission and manager; evaluate attorney fee issue; evaluate status of demolition unsafe structure 1.20 11/23/2020 CLD Drafted Notice of Agreed Extension of Time for Win Go to file his response to Amended Complaint; e -filed and served same. 0.60 FOR CURRENT SERVICES RENDERED 4.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.90 $205.00 $389.50 HEATHER NEEDELMAN 1.70 205.00 348.50 CYNTHIA L. DUNN 1.10 125.00 137.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9905435 33971 875.50 875.50 $875.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 67 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Priority Towing 11/02/2020 GB Email with Plaintiffs counsel regarding deposition. 11/03/2020 GB Telephone conference call with TAD regarding moving case forward. Received and reviewed Plaintiffs first set of interrogatories and began drafting responses. TAD Receipt and review of status of case and confer with GB re: motions. ACCOUNT NO STATEMENT NO HOURS 0.10 0.60 0.30 11/04/2020 GB Emails with opposing counsel regarding Plaintiffs deposition. 0.20 11/05/2020 IR Receipt and review of email from litigation team for the City of Boynton Beach, enclosing 3 sets of discovery / pleadings, to be completed; 0.20 11/12/2020 TAD Receipt and review of discovery from plaintiff. Review information and case law re: defenses and issues with claims regarding responses to discovery. 1.10 GB Emails and telephone conference calls with the City regarding Plaintiffs first set of discovery. 0.70 11/16/2020 TAD Receipt and review of request for production from Plaintiff re: city records. Confer with GB re: same. 0.70 GB Telephone conference calls with TAD regarding discovery. Emails with City regarding discovery. Reviewed documents provided by City for responses to Plaintiffs First Request for Production. Drafted Answers to Plaintiffs First Set of Interrogatories. 2.70 11/17/2020 GB Telephone conference call with City regarding discovery. 0.40 11/18/2020 GB Emails with City regarding documents for response to Plaintiffs request for production. 0.10 11/19/2020 GB Email with the City regarding documents in response to Plaintiffs first Request for Production. 0.10 FOR CURRENT SERVICES RENDERED 7.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 4.90 $200.82 $984.00 INGRID RIERA 0.20 125.00 25.00 TRACEY A. DECARLO 2.10 205.00 430.50 Page: 1 12/02/2020 306-9905456 33972 I ,YJ J.JV Page 68 of 456 CITY OF BOYNTON BEACH adv. Priority Towing TOTAL CURRENT WORK BALANCE DUE Page: 2 12/02/2020 ACCOUNT NO: 306-9905456 STATEMENT NO: 33972 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,439.50 $1,439.50 Page 69 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Deutsche Bank (Estate of Herbert Campbell) 11/30/2020 SHB Prepare and file Answer to Second Amended Complaint. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.40 0.40 RECAPITULATION HOURS HOURLY RATE TOTAL 0.40 $205.00 $82.00 Page: 1 12/02/2020 306-9905461 33973 82.00 82.00 $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 70 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Landfill Closure ACCOUNT NO STATEMENT NO 11/20/2020 JAC Weekly telephone conference regarding notice and pursuits of settlement with State; follow up regarding same 0.80 11/24/2020 JAC Review final versions of notices and prep outline for discussion with manager; 0.50 FOR CURRENT SERVICES RENDERED 4.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.80 $205.00 $984.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9905475 33974 $984.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 71 of 456 HOURS 11/04/2020 JAC Review email exchanges regarding revise notice document and draft a Paper regarding naturally occurring arsenic in area surrounding landfill; miscellaneous research regarding same 1.20 JAC Review Tim Perry correspondence in draft FAQ sheet, white paper, and notice to adjacent property owners 0.70 11/06/2020 JAC Weekly conference call regarding status of notices and property surveys for portable/irrigation use 0.60 11/13/2020 JAC Weekly status conference call; miscellaneous follow up with Colin Groff 0.70 11/19/2020 JAC Review revisions to draft notices 0.30 11/20/2020 JAC Weekly telephone conference regarding notice and pursuits of settlement with State; follow up regarding same 0.80 11/24/2020 JAC Review final versions of notices and prep outline for discussion with manager; 0.50 FOR CURRENT SERVICES RENDERED 4.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.80 $205.00 $984.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9905475 33974 $984.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 71 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Purchase of Half Moon Bay's Lift Station 11/06/2020 SMS Correspondences with staff and counsel for Half Moon Bay related to closing docs and signature pages 11/16/2020 SMS Draft Closing Docs ACCOUNT NO STATEMENT NO 11/25/2020 SMS correspondences with Association's counsel and staff related to closing docs and installation at the lift station FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SEAN M. SWARTZ 2.10 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905477 33975 HOURS 0.30 1.40 0.40 2.10 430.50 TOTAL $430.50 430.50 $430.50 Page 72 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Lionesz Investments, LLC. (Tarpon IV, LLC) 11/02/2020 SHB Discuss case matters and surplus funds with Temple. ACCOUNT NO STATEMENT NO 11/13/2020 SHB Receive and review settlement offer. Review all pleadings and recorded liens and outstanding balances owed on property. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905503 33976 HOURS 0.30 1.00 1.30 266.50 TOTAL $266.50 266.50 $266.50 Page 73 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. MJBS Holdings, LLC (Tarpon IV, LLC) ACCOUNT NO STATEMENT NO 11/04/2020 SHB Follow up re: surplus claim matters. Search for recorded/stamped claim and follow up with Clerk. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905505 33977 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 74 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sharon R. Bock III - 3 - Tarpon IV, LLC ACCOUNT NO STATEMENT NO 11/16/2020 SHB Receive and review Notice of Mediation. Prep Certificate of Mediation Authority. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.70 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905506 33978 HOURS 0.70 0.70 143.50 TOTAL $143.50 143.50 $143.50 Page 75 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Adv. MJBS Holdings, LLC (KC Enterprise/Tarpon IV, LLC) 11/04/2020 SHB Follow up re: surplus claim matters. Search for recorded/stamped claim and follow up with Clerk. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905507 33979 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 76 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. MJBS Holdings, LLC 2 (KC Enterprise/Tarpon IV, LLC) ACCOUNT NO STATEMENT NO 11/04/2020 SHB Follow up re: surplus claim matters. Search for recorded/stamped claim and follow up with Clerk. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905508 33980 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 77 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Drainage Easement Agreement with Boynton Beach Distribution Center Master Association Inc. 11/02/2020 11/20/2020 ACCOUNT NO STATEMENT NO SMS Correspondences with Master Association attorney on finalizing Easement SMS Correspondences with Master Association's attorney related to execution of documents FOR CURRENT SERVICES RENDERED TIMEKEEPER SEAN M. SWARTZ TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905509 33981 HOURS 0.20 0.20 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 78 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) 11/18/2020 SHB Review all case pleadings, Motion to Strike, and answers. Telephone conference with Attorney Riggin re: Motion to Strike and Affirmative Defenses. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 2.00 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905512 33982 HOURS 2.00 2.00 410.00 TOTAL $410.00 410.00 $410.00 Page 79 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Wilmington Savings Fund (Escarment, LoNerlie) 11/06/2020 SHB Receive and review Motion for Summary Judgment and Notice of Hearing. Review pleadings and follow up with counsel re: proposed FSJ order. 11/23/2020 SHB Follow up re: outstanding balance owed to City and notice of claim. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.00 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905514 33983 HOURS 0.70 0.30 1.00 205.00 TOTAL $205.00 205.00 $205.00 Page 80 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. DLJ Mortgage Capital (Prows, Maria) 11/25/2020 SHB Receive and review Notice and update service list. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.10 0.10 RECAPITULATION HOURS HOURLY RATE TOTAL 0.10 $205.00 $20.50 Page: 1 12/02/2020 306-9905515 33984 20.50 20.50 $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 81 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Clemons, Latosha (EEOC Charge) 11/05/2020 SHB Receive and review Charge of Discrimination. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.30 0.30 RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $205.00 $61.50 Page: 1 12/02/2020 306-9905524 33985 61.50 61.50 $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 82 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. JKM BTS CAPITAL, LLC (Declaratory Action) 11/11/2020 JAC Prepare declaratory action and related research for supporting memorandum MDC Review and research Attorney fees per JAC; telephone call with JAC; review draft Complaint. ACCOUNT NO STATEMENT NO HOURS 3.00 1.80 11/12/2020 MDC Review Complaint; research Dec Action, attorney fees; revise Complaint and provide comments to JAC; telephone call with JAC on filing of Complaint. 1.80 JAC Draft petition; related research; outline discovery 3.00 11/13/2020 DJD Initial review of Complaint for Declaratory Relief; telephone conference with Jim Cherof. 0.60 11/18/2020 JAC Continue preparation of declaratory judgment lawsuit; individual calls to Commissioners regarding status and options; discuss with Michael Cirullo cell; discuss with CityManager 2.50 CLD Revisions made to Complaint to finalize for filing. 0.50 MDC Confer with JAC; begin review of Complaint. 0.20 11/19/2020 CLD Drafted Summons; e -filed Complaint and Summons. 0.50 JAC Finalize and file petition for declaratory judgment; follow up with Commissioners and CityManager; outline discovery options; record search regarding post conveyance transfers and restrictions on property; 2.20 MDC Review revised Complaint and draft summons per JAC. 0.40 11/24/2020 JAC Follow up with attorney regarding service and enlargement of Time to file a responsive pleading; Review and approve filing of pleadings related to same; follow up with CityManager 0.50 FOR CURRENT SERVICES RENDERED 17.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 11.20 $205.00 $2,296.00 D.J. DOODY 0.60 205.00 123.00 MICHAEL D. CIRULLO 4.20 205.00 861.00 CYNTHIA L. DUNN 1.00 125.00 125.00 Page: 1 12/02/2020 306-9905525 33986 3,405.00 Page 83 of 456 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO v. JKM BTS CAPITAL, LLC (Declaratory Action) Photocopies TOTAL EXPENSES THRU 11/30/2020 11/24/2020 Clerk of the Court - E -Filing - 116966955 TOTAL ADVANCES THRU 11/30/2020 TOTAL CURRENT WORK BALANCE DUE Page: 2 12/02/2020 306-9905525 33986 416.00 416.00 416.00 3,830.45 $3,830.45 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 84 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. US Bank (Colwell, Lucille) 11/25/2020 SHB Prepare and file Answer to Complaint. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.40 0.40 RECAPITULATION HOURS HOURLY RATE TOTAL 0.40 $205.00 $82.00 Page: 1 12/02/2020 306-9905526 33987 82.00 82.00 $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 85 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #00 1 470000367AB 11/13/2020 TAD Receipt and review of correspondence re: proposed order and order. Receipt of response from plaintiff counsel re: same. FOR CURRENT SERVICES RENDERED TINACI.ICCDCD TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905098 33934 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 86 of 456 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 12/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905171 Boynton Beach FL 33435 STATEMENT NO: 33935 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470000400P1 11/02/2020 IR Receipt, review and responded to email from GB regarding discovery; review of discovery responses from Plaintiff's Response to the City of Boynton Beach's Second Request for Production; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, with photographs and bios related to City officials from 2013 and 2014, and noted where Plaintiffs obtained this information and listed in their discovery responses; 2.30 TAD Review information on witnesses and prepare outline of claims and witnesses for trial preparation. Review code history for demonstrative exhibits. Review case law re: video and recordings for trial and witnesses. Prepare outline of trial preparation issues for discussion with GB. 3.70 GB Emails with IVR regarding discovery. 0.10 11/03/2020 GB Emails with opposing counsel regarding mediators and telephone conference. Let voicemail for opposing counsel. Telephone conference call with TAD regarding preparing for trial. Email to IVR regarding discovery. 0.90 TAD Review trial order and confer with GB re: motions in limine and trial preparation. 0.40 IR Continuation of summaries of 785 sets of records, not including sub -portions of documents, totaling approximately 2,000 documents; 1.40 11/04/2020 GB Emails with IVR regarding summary of documents received by Plaintiff in discovery. 0.10 IR In office conferences with GB regarding current projects and status of discovery, with upcoming trial deadlines; 0.50 11/05/2020 IR Preparation of memorandum pertaining to records, expected to be utilized as Plaintiffs trial exhibits; 3.20 GB Telephone conference call with Judicial Assistant regarding order setting non jury trial. Email to TAD regarding conversation with Judicial Assistant. Email to opposing counsel and left him voicemail regarding telephone conference call. Reviewed IVR's summary of documents for witness and exhibit lists. Reviewed documents produced by plaintiff and provided by city for witness and exhibit list. 2.10 11/06/2020 IR Review of documents and compared with other discovery, including cross-reference of anticipated trial witnesses, for trial disclosures of exhibits Page 87 of 456 Page: 2 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9905171 STATEMENT NO: 33935 adv. Caliendo, Giovanni & Emily (code violation) and exhibits, due November 30, 2020, following the Court's August 7, 2020 Order Setting Non -Jury Trial and Directing Pretrial and Mediation Procedures; 11/09/2020 IR Preparation of cross-reference of anticipated Trial Exhibits Disclosure lists, in compliance with the Court's Trial Order; reviewed photographs of the property, including other properties taken within the City of Boynton Beach, by the Plaintiffs; �� 4.70 5.30 11/10/2020 TAD Receipt and review of correspondence re: motion for summary judgment. Review deposition of G. Caliendo re: same. Confer with GB re: trial issues. Review trial order re: pre-trial stipulation. Review prior rulings re: claims and defenses for pre-trial stipulation and instructions. 1.50 IR Extensive review of color photographs, taken of the Plaintiffs' Studio real estate, from clean up efforts in 2013 and 2014, to list as trial exhibits, including to use for upcoming witness depositions, over the next two months; 3.80 GB Emails with TAD regarding witness and exhibit list and remaining causes of action against the City. Reviewed summary of documents produced by Plaintiffs for exhibit and witness list. Legal research regarding what Plaintiffs need to prove to prevail on their causes of actions against the City for witness and exhibit list. 1.60 11/11/2020 TAD Review information on trial issues. Confer with GB re: trial preparation, motions in limine and jury instructions. Research case law re:: jury instructions and exclusion of plaintiffs production. 2.80 GB Telephone conference call with TAD regarding trial deadlines, witness and exhibit lists. Emails with IVR regarding trial deadlines and meeting. 0.40 IR Receipt and review of email from GB regarding trial preparation, in advance of February 8 - April 16, 2021 civil non -jury trial in Palm Beach County, FL; prepared responsive email regarding same; preparation of trial organization, utilizing all discovery taken to date, which includes list of witnesses to be deposed; 5.20 11/12/2020 TAD Continue review of case law re: jury instructions and trial issues. Continue preparation of jury instructions to include cases on specific claims for which there is no standard. Prepare case law for jury instruction arguments. 3.60 GB Meeting with IVR regarding trial deadlines. 0.50 IR Conference with GB, to prepare for trial and discussed next projects to work on, prior to the trial period commencing February 8, 2021 through April 16, 2021; retrieved discovery records and cross-referenced with other documents received from the Plaintiffs, to ascertain the amount of duplicated items the Plaintiffs' sent as their Responses to the City of Boynton Beach's Request for Production; 4.80 11/13/2020 TAD Receipt and review of case law re: mitigation instructions and arguments for trial. Prepare revisions and additions to jury instructions re: additional case law and defense issues. Review proposed order re: removal to non -jury trial docket. Review correspondence re: mediation and discovery and prepare response to same. 3.70 IR Continuation of preparation of the City of Boynton Beach's Trial Exhibits Disclosures, following the Court's Trial Order; receipt and review of email from Plaintiffs' Attorneys' paralegal regarding trial in February 2021, as well as Mediation information; prepared tickler for follow up early next week, regarding same; 3.90 Page 88 of 456 Page: 3 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9905171 STATEMENT NO: 33935 adv. Caliendo, Giovanni & Emily (code violation) HOURS GB Drafted Motion to Compel Discovery and Mediation. Emails with opposing counsel regarding pending matters. Email to TAD regarding motion to compel and nonjury trial order. Telephone conference call with opposing counsel regarding removing case from non jury trial docket. Drafted Agreed Order to Remove Case from Non Jury Docket and email to TAD for review. 1.00 11/16/2020 TAD Receipt and review of correspondence re: trial setting and prepare response to same. 0.20 GB Telephone conference call and emails with TAD regarding mediation, discovery, and trial. Edits and finalized Motion to Compel Discovery and filed and served. Emails with opposing counsel regarding Motion to Compel hearing. Drafted Joint Motion to Remove Matter from Non Jury Trial Docket and email to TAD for review and approval. 0.90 IR Receipt and review of the City of Boynton Beach's Motion to Compel the Plaintiffs to File Discovery, including exhibits thereto; continuation of preparation and organization of the City's trial exhibits, anticipated to be utilized at trial, commencing in February of 2021; 2.10 11/17/2020 GB Telephone conference call with City regarding case. Reviewed documents in file for exhibit and witness list. Email to TAD regarding potential witness and exhibits. 2.50 11/18/2020 GB Email with opposing counsel regarding Motion to Compel hearing. Drafted Notice of Hearing. Reviewed Judge's instructions for setting hearing and Local Rule 4. Email with City regarding latest pictures and inspection reports from property. 0.40 IR Continuation of review of Plaintiffs' discovery responses, to be utilized as Trial Witnesses and Trial Exhibits; 2.20 11/19/2020 TAD Receipt and review of correspondence from plaintiff re: mediation. Review information on proposed mediator and prepare correspondence re: same. Receipt of correspondence re: trial witnesses and inspection information re: trial exhibits. Prepare correspondence re: same. Revise jury instruction to make additions and revisions based upon additional case law. 2.20 GB Emails with the City regarding latest inspection of the property and exhibits for trial. Emails with TAD and IVR regarding exhibit and witness list for trial. Telephone conference call with IVR Regarding witness and exhibit list and Plaintiff's production. 1.10 IR Continuation of preparation of the City of Boynton Beach's Trial Witness and Exhibits Disclosure, following the Court's August 5, 2020 Trial Order; receipt and review of multiple emails, including attachments thereto, with the City of Boynton Beach, while preparing for Trial in February, 2021; scanned Hart's personnel records, along with associated documents, to update the City's various trial disclosures, before the November 30, 2020 deadlines; phone conference with GB regarding various projects and status of same; 5.30 11/20/2020 TAD Review exhibits for trial and evidence issues re: trial disclosures. Receipt of correspondence from Court re: hearing information. 1.30 IR Organization of anticipated trial exhibits, to be utilized at trial, as well as listed in the City of Boynton Beach's Witness and Exhibits Disclosure, following Judge Donald Hafele's August, 2020 trial order; online research of 916 property; online research of witness Andrew Hill's property, in relation to Plaintiffs' 916 property; investigate fact witnesses' current addresses, for preparation of Trial Subpoenas, as well as for the City's Witness Disclosure; Page 89 of 456 Page: 4 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9905171 STATEMENT NO: 33935 adv. Caliendo, Giovanni & Emily (code violation) receipt and review of emails between the parties, regarding Plaintiffs proposed Steve Mayans, as well as the parties' motion to continue trial; receipt and review of Palm Beach Circuit Court, Division AG regarding all materials to be received by the court, in advance of the City's hearing; GB Telephone conference call with TAD regarding trial. Emails with TAD regarding Plaintiffs proposed mediator. Emails with opposing counsel regarding motion forjury trial. �� 5.80 0.70 11/23/2020 IR Preparation of summary chart, for use at trial, regarding city employees at the City of Boynton Beach; reviewed and digest of personnel files; finalized initial drafts of the City's Trial Witness and Exhibits Disclosures, in advance of the Court Ordered deadline of November 30, 2020; 3.40 11/24/2020 TAD Review and revise trial witness list. Confer with GB re: same. 0.50 GB Reviewed file for Exhibit and Witness Lists. Finalized Exhibit and Witness List and had same filed and served. 3.40 IR Finalized the City of Boynton Beach's Trial Witness and Exhibits Disclosures, in compliance with the Court's Order Setting Non -Jury Trial and Directing Pretrial and Mediation Procedures, entered on August 5, 2020, by Division AG Circuit Court Judge Donald Hafele; preparation of email to GB regarding same; received email from GB regarding finalized version of trial disclosures; receipt and review of Clerk of Palm Beach Court, ePortal email acknowledgement of the City's trial disclosure, for filing this date; continuation of summarizing employee personnel files; 3.10 11/25/2020 IR Digest of documents received from the client, City of Boynton Beach, pertaining to personnel files of employees, in advance of the presently scheduled February 2021 trial period; 2.20 11/30/2020 GB Email to IVR regarding mediator suggested by Plaintiffs' counsel. 0.10 GB Emails with TAD Regarding Plaintiffs' witness and exhibit lists and mediator. Emails with IVR regarding mediator suggested by Plaintiffs. 0.40 TAD Receipt and review of information on mediator and prepare correspondence re: same. Confer with GB re: trial witnesses and motion to compel. Receipt of correspondence from Court re: hearing. Prepare correspondence to court re: hearing information forjudge. 0.60 IR Receipt and review of email from GB regarding research project, related to mediation; online background searches of Plaintiffs choice for mediator in this litigation; research of website the National Academy of Distinguished Neutrals, with regard to specific curriculum vitae of Steven Mayans, Esq.; online research of avvo for additional and supplemental information, related to proposed mediator; ran online searches of Steven Mayans' education background, civil involvement, online public reviews that pertain to Steven Mayans, written by colleagues and clients; online searches of Florida Bar grievances that may have been filed; research of mediator's property holdings; online court searches in South Florida state and federal courts, which included Mayans' personal litigation in Palm Beach County; preparation of email of findings, with links attached, for attorneys' to decide if the City of Boynton Beach is in agreement to utilize Mr. Mayans' as case mediator; continuation of organization of gathering trial exhibits, which includes summaries previously prepared; 4.70 FOR CURRENT SERVICES RENDERED 100.60 15,511.00 Page 90 of 456 Page: 5 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9905171 STATEMENT NO: 33935 adv. Caliendo, Giovanni & Emily (code violation) 11/23/2020 TIMEKEEPER GAL BETESH INGRID RIERA TRACEY A. DECARLO RECAPITULATION HOURS HOURLY RATE TOTAL 16.20 $205.00 $3,321.00 63.90 125.00 7,987.50 20.50 205.00 4,202.50 Photocopies TOTAL EXPENSES THRU 11/30/2020 Federal Express - Invoice 7-198-78502 TOTAL ADVANCES THRU 11/30/2020 TOTAL CURRENT WORK BALANCE DUE 16.10 16.10 19.04 19.04 19.04 15,546.14 $15,546.14 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 91 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO STATEMENT NO 11/03/2020 GB Telephone conference call with TAD regarding moving case along. 11/06/2020 GB Drafted Motion for Summary Judgment. 11/25/2020 GB Left a voicemail and email to Officer Herny regarding deposition. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 1.70 $205.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.30 1.20 0.20 1.70 TOTAL $348.50 Page: 1 12/02/2020 306-9905190 33936 348.50 $348.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 92 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Philson, Tammi A. (Personal Injury -Carolyn Sims Center) Billing Category: 18 - RLO Claim #001470000440GB 11/03/2020 IR Receipt and review of email from Lynn Swanson, enclosing correspondence from James A. Pressler, Jr., Esq. regarding alleged trip and fall from November 7, 2017; prepared tickler for 30, 60 & 90 days, to check online court docket in Palm Beach Circuit Court; 0.30 11/06/2020 IR Receipt and review of emails from the City of Boynton Beach Risk Management and Legal department, regarding documents received from Tammi Philson's attorneys, that contain numerous records; preparation of tickler to set up litigation tracking charts; online Palm Beach Circuit Court docket search, if Ms. Philson's attorneys filed suit in Palm Beach [not as of 12:OOpm today]; 0.50 FOR CURRENT SERVICES RENDERED 0.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.80 $125.00 $100.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9905310 33937 100.00 100.00 $100.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 93 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Wright, Bernard (discrimination) Billing Category: 18 - RLO Claim #001470000449EO 11/10/2020 IR Online docket review, from Palm Beach Courts, if any new court rulings, or filings by Bernard Wright; preparation of PDF of court docket, dated this day [no changes, since 2019]; prepared tickler for 60 days to retrieve court docket again; FOR CURRENT SERVICES RENDERED 11NIU IU MILK/-\ TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905336 33938 HOURS 0.30 0.30 37.50 TOTAL $37.50 37.50 $37.50 Page 94 of 456 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 12/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905344 Boynton Beach FL 33435 STATEMENT NO: 33939 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18 - RLO Claim #001470000450EP 11/02/2020 GB Drafted and served Subpoena Duces Tecum for Deposition for Manal Michail. Drafted, served and filed Notice of Deposition for Manal Michail. Drafted and served Subpoena Duces Tecum for Deposition for Luna Wolf. Drafted, served and filed Notice of Deposition for Luna Wolf. Emails with opposing counsel regarding documents from Manal Michail. Emails with TAD regarding mediation. 0.70 IR Preparation of discovery responses by Plaintiffs medical providers; emailed Plaintiff's counsel with documents received from Luna Medina -Wolf, Therapist; receipt, review and responded to Plaintiff's email regarding same; receipt and review of emails regarding Manal Michael, Plaintiffs therapist, regarding her deposition, scheduled for November 20, 2020 at 1:OOpm; reviewed City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to update new discovery dates, including upcoming depositions; receipt and review of email from David Michael, brother of Manal Michael, regarding her deposition of November 20, 2020; conducted legal research relevant to out-of-state counsel, for a non-party deponent, in a Florida deposition; 2.40 TAD Receipt and review of correspondence re: depositions. Confer with GB re: issues with witnesses and trial preparation. 0.30 11/03/2020 IR Preparation of revisions to the City of Boynton Beach's Supplemental Certificate of Compliance to Plaintiffs Request for Copies, to include the date Plaintiffs counsel received records; preparation of email to litigation team, regarding Luna Wolf records sent to Plaintiff's counsel; preparation of email to Plaintiff's attorneys' paralegal, enclosing the email with Wolfs documents, emailed November 2, 2020; receipt, review and responded to Plaintiffs' counsels' paralegal email, acknowledging receipt of Dr. Wolf's records, in advance of her deposition, scheduled for December 4, 2020 at 10:00am; preparation of email to Plaintiffs counsels' paralegal, enclosing additional medical records from Luna Medina -Wolf, LMHC; reviewed new set of Dr. Wolfs medical records of Brandon Brescia; prepation of updates to the City's Trial Witness and Subpoena Duces Tecum tracking chart; 2.30 GB Telephone conference call with TAD regarding trial deadlines. Emails with Court reporters regarding deposition of Luna Wolf and Manal Michail. Emails with IVR regarding documents from Luna Wolf. Reviewed file for docs from Luna Wolf to provide to Plaintiff in response to Plaintiff's request for copies. 0.70 Page 95 of 456 Page: 2 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 33939 Brescia, Brandon (EEOC Complaint) TAD Receipt and review of correspondence re: deposition issues. Confer with GB re: trial preparation and motions. �� MR 11/04/2020 GB Edits and filed to Supplemental Certificate of Compliance with Plaintiffs Request for Copies. 0.20 TAD Receipt and review of plaintiffs prior witness and exhibit list and prepare correspondence re: objections and trial preparation. Review case law re: jury instructions for FCRA claims. Review case law re: causation status regarding jury instructions. Begin draft of instructions. 3.70 11/10/2020 TAD Receipt and review of transcript of hearing re: trial issues. Review case law re: proof issues and recoverable damages during trial. Continue preparation of jury instructions and prepare verdict form. Prepare all case law for arguments on jury instructions. 3.80 11/11/2020 TAD Receipt and review of trial order and confer with GB re: trial preparation, jury instructions and verdict form. Review additional cases re: verdict form and jury instruction issues for trial. Revise jury instructions to include additional instructions. Review plaintiff exhibit list re: objections and revised pre-trial stipulation. 2.40 GB Telephone conference call with TAD regarding preparing for trial. Motions in Limine, Trial Stipulations and trial deadlines. 0.30 IR Receipt and review of email from GB regarding trial preparation, in advance of February 16 - March 26, 2021 civil jury trial in Palm Beach County, FL; prepared responsive email regarding same; 0.20 11/12/2020 TAD Review and revise motion in limine to include additional information. Review testimony of Clemons re: motion and trial objections. 1.40 GB Meeting with IVR regarding trial deadlines. 0.50 IR Trial preparation conference and discussion of additional discovery to be sent to UnitedHealthCare, via subpoena duces tecum, prior to the discovery cut-off; assigned new projects, prior to February 2021 civil jury trial commencement; 0.40 11/13/2020 GB Telephone conference calls with attorney for Manal Michail regarding deposition. Telephone conference call with opposing counsel regarding deposition for Manal Michail. Emails and telephone conference call with TAD regarding Manal Michail's deposition. 0.90 TAD Review case law regarding damage claims including attorney fees and cap issues for trial arguments and jury instructions. Revise jury instructions re: same. 2.20 11/16/2020 GB Telephone conference call with Kridel regarding Plaintiff's expert. Edits to Tristar Pre -Trial report. Read Landress Deposition for pre-trial report and hearsay portions for motion in limine. 1.40 11/17/2020 TAD Receipt and review of correspondence re: motion in limine and EEOC statement. Review EEOC claims and confer with GB re: motions and trial witnesses. 0.50 GB Emails with TAD regarding Motion in Limine and witnesses. Read Hoggatt's deposition and drafted deposition designation for trial. Email to TAD deposition designations for review and approval. Telephone conference call with City regarding Motion in Limine. Read Dean Kinser's deposition for Pre -Trial report and Motion in Limine. Finished reading Michael Landress deposition for Pre -Trial report and Motion in Limine. Edits to Pre -Trial Page 96 of 456 Page: 3 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 33939 Brescia, Brandon (EEOC Complaint) report. 11/18/2020 GB Email with opposing counsel regarding Plaintiffs answers to City's Second Set of Interrogatories. 11/19/2020 TAD Receipt and review of plaintiffs discovery responses re: trial witnesses and expert report. GB Reviewed Plaintiffs Answers to City Interrogatories and email to TAD regarding motions in limine and analysis of responses. 11/20/2020 GB Prepared for Manal Michail Deposition. Drafted outline for deposition and reviewed Plaintiffs deposition and responses to interrogatories for mention of Manal Michail. Also reviewed documents produced from DelRay Hospital for mention of Manal Michail in preparation for deposition. Attended Manal Michail Deposition. Telephone conference call and emails with TAD Regarding deposition and motions in limine. TAD Receipt and review of outline re: deposition of plaintiff's therapist and prepare revisions to same. Confer with GB re: deposition of therapist and trial issues including witness presentation and motions in limine. 11/23/2020 TAD Review timeline and information on damages re: additional discovery and trial issues. Review case law re: motion in limine issues and jury instructions on claims asserted re: title 7 case law and jury instructions. Revise jury instructions to include additional information. Revise verdict form re: same. 11/24/2020 TAD Receipt and review of correspondence re: status of claim and trial issues. Confer with GB re: same. GB Legal research bifurcation of trial. Limit on damages against a municipality and whether cap includes attorneys' fees. High low agreement. 11/25/2020 TAD Review trial order and pre-trial issues for conference with City. Attend telephone conference with City re: status of case and trial issues. GB Telephone conference call with City and TAD regarding trial. 11/30/2020 TAD Review information re: witness issues for trial and prepare correspondence re: same. Prepare for conference with City re: trial and potential actions on claim. FOR CURRENT SERVICES RENDERED HOURS 3.10 0.10 0.40 0.60 2.70 1.40 2.70 0.30 2.90 0.80 0.50 0.60 40.80 7,940.00 TOTAL $2,993.00 662.50 4,284.50 2.45 24.85 27.30 Page 97 of 456 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 14.60 $205.00 INGRID RIERA 5.30 125.00 TRACEY A. DECARLO 20.90 205.00 Color photocopies Photocopies TOTAL EXPENSES THRU 11/30/2020 HOURS 3.10 0.10 0.40 0.60 2.70 1.40 2.70 0.30 2.90 0.80 0.50 0.60 40.80 7,940.00 TOTAL $2,993.00 662.50 4,284.50 2.45 24.85 27.30 Page 97 of 456 CITY OF BOYNTON BEACH Brescia, Brandon (EEOC Complaint) TOTAL CURRENT WORK BALANCE DUE Page: 4 12/02/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 33939 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 7,967.30 $7,967.30 Page 98 of 456 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 12/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905360 Boynton Beach FL 33435 STATEMENT NO: 33940 Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18 - RLO Claim #001470001005EP HOURS 11/12/2020 TAD Receipt and review of correspondence re: discovery and prepare response to same. 0.20 IR Receipt and review of several emails from Plaintiffs counsel, regarding his client has been in and out of the hospital over the past few weeks, and requests an extension of time to prepare and submit her discovery responses to the City of Boynton Beach, propounded on October 13, 2020; reviewed City's attorneys' responses thereto; preparation of ticklers to receive Plaintiff's discovery responses by November 30, 2020; 0.30 11/24/2020 TAD Review information re: incident giving rise to termination and additional records from the City re: report and budget for claim. Review discovery re: additional discovery on claims and depositions. 2.50 11/25/2020 TAD Review case law re: claims and damage issues. Review records re: Cain and Woods from City re: report and discovery plan. 3.80 11/30/2020 TAD Receipt and review of correspondence from plaintiff counsel re: discovery responses. Prepare response to same. Review additional case law re: damages claimed and recoverable by plaintiff. Review interviews for information on witnesses. Prepare initial report and budget for claim. 3.40 IR Retrieved three ticklers, due today, of Plaintiff's discovery responses; receipt and review of email from opposing counsel, regarding additional extension of time to respond to discovery, until December 7, 2020; revised ticklers accordingly; 0.50 FOR CURRENT SERVICES RENDERED 10.70 2,129.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.80 $125.00 $100.00 TRACEY A. DECARLO 9.90 205.00 2,029.50 TOTAL CURRENT WORK 2,129.50 BALANCE DUE $2,129.50 Page 99 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 ACCOUNT NO STATEMENT NO 11/05/2020 GB Telephone conference call with opposing counsel regarding settlement. 0.30 11/11/2020 TAD Receipt and review of correspondence re: settlement status. Confer with GB with deposition issues. 0.40 GB Telephone conference call with TAD regarding update on settlement discussions with Plaintiff. 0.30 11/13/2020 TAD Receipt and review of correspondence re: depositions of witnesses. Review information on witnesses from City. Prepare correspondence re: information needed for depositions. 0.50 11/16/2020 GB Emails with opposing counsel regarding witness deposition. Emails with the City regarding settlement. Emails with the City regarding settlement. 0.50 FOR CURRENT SERVICES RENDERED 2.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.10 $205.00 $225.50 TRACEY A. DECARLO 0.90 205.00 184.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9905369 33941 410.00 $410.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 100 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Geraci, Sanford and Meredith Geraci, John (Confrontation/Police Officer) Billing Category: 18 - RLO Claim #19757010 ACCOUNT NO STATEMENT NO 11/10/2020 TAD Receipt and review of correspondence re: status of litigation. 11/12/2020 TAD Receipt and review of correspondence re: deposition of Zeller and notice 11/13/2020 TAD Receipt and review of correspondence re: depositions of plaintiff and notices. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905375 33942 HOURS 0.10 0.10 0.10 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 101 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 11/02/2020 GB Emails with City regarding redacting videos. Gather records for response to discovery. 2.20 11/03/2020 GB Emails with City regarding interrogatories. Reviewed fully executed interrogatories to make sure ready to be served. Emails with TAD regarding discovery. Follow up email with the City regarding redacting videos. Served City's Responses to Plaintiffs First Set of Interrogatories on Plaintiff and Sohn. Emails with the city regarding redacting videos. 0.90 TAD Receipt and review of correspondence re: discovery responses. Review discovery responses. Confer with GB re: same. 0.40 11/05/2020 GB Telephone conference call with City regarding redacting videos. 0.20 11/06/2020 GB Telephone conference calls and emails with City regarding redacting videos. 0.50 11/10/2020 TAD Receipt and review of plaintiffs discovery responses. 0.40 IR Reviewed pleadings and trial order, for upcoming court-ordered deadlines, as well as discovery status; 0.30 GB Emails with City regarding redacting videos. 0.20 11/11/2020 TAD Receipt and review of correspondence re: video information. Confer with GB re: production. 0.30 GB Telephone conference call with TAD regarding discovery. Voicemail and email to City regarding redacted videos. 0.50 11/16/2020 GB Telephone conference call and email with City regarding redacting videos. 0.20 11/17/2020 GB Reviewed redacted video provided by City. 0.30 11/18/2020 GB Served redacted videos on opposing counsel in response to request for production. 0.10 11/23/2020 GB Prepared for McFadden's deposition. 2.30 11/30/2020 GB Emails with opposing counsel regarding Sohn's deposition. 0.10 TAD Receipt and review of correspondence re: depositions. Receipt of Page: 1 12/02/2020 306-9905421 33943 Page 102 of 456 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. McFadden, Patrick (K9 Injuries) correspondence re: discovery requests. Review discovery status re: additional discovery required and depositions. IR Receipt and review of emails between City of Boynton Beach and counsel for Plaintiff, regarding Plaintiffs deposition and Officer Mark Sohn's deposition that was canceled; receipt and review of email string between counsel for Officer Sohn and Plaintiffs counsel, regarding various issues, including depositions to be rolled; prepared tickler to follow up with litigation team in 10 days; FOR CURRENT SERVICES RENDERED RECAPITULATION �� 1.30 TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 7.50 $205.00 $1,537.50 INGRID RIERA 0.70 125.00 87.50 TRACEY A. DECARLO 2.40 205.00 492.00 TOTAL CURRENT WORK BALANCE DUE Page: 2 12/02/2020 306-9905421 33943 2,117.00 $2,117.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 103 of 456 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 12/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 33944 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 11/12/2020 TAD Confer with SHB re: status of litigation and remedial measures. 0.20 11/17/2020 TAD Receipt and review of damage claims. Review case law re: damages and pre-trial proposal issues. Prepare memorandum re: proposal options for trial and discussion. Prepare outline of damages recoverable by Plaintiffs. Receipt of order granting summary judgment and judgment from the Court. Prepare memorandum to City re: same. Prepare correspondence to Risk and adjuster re: same. Receipt of correspondence from adjuster re: order and prepare response to same. 4.20 11/18/2020 JAC Post summary judgment analysis and review of options; 1.20 11/19/2020 TAD Receipt and review of correspondence from Officer and prepare response to same. Receipt of correspondence from adjuster re: appeal issues and review rules re: same for response. Prepare response to same. Prepare correspondence re: costs for post judgment motions. Prepare correspondence to expert re: judgment. Review information on costs and fees and prepare correspondence re: same. Review case re: additional costs and issues for post judgment motion discussion with city. 1.90 IR Receipt and review of litigation team email to the J. Oldbury of the City of Boynton Beach; receipt and review of TAD correspondence to the City, on November 17, 2020, and copied to TriRisk, with enclosures; receipt and review of Omnibus Order on Motion for Summary Judgment and Motoin for Preliminary Injunction, entered on November 17, 2020, by Judge Dimitrouleas, DE 111 of 12 pages, in the City's favor; receipt and review of the Court's Final Judgment and Order Closing Case, entered November 17, 2020, by Judge Dimitrouleas DE 112; retrieved federal rules of appeals, to calculate the date Plaintiff may file same, by December 17, 2020; closed paralegal file, unless otherwise advised; 1.30 11/20/2020 TAD Receipt and review of correspondence from officer and prepare response to same. 0.30 11/30/2020 TAD Prepare correspondence to expert witness and receipt of response to same. 0.20 FOR CURRENT SERVICES RENDERED 9.30 1,802.50 Page 104 of 456 Page: 2 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 33944 adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit TIMEKEEPER JAMES A. CHEROF INGRID RIERA TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.20 $205.00 1.30 125.00 6.80 205.00 TOTAL $246.00 162.50 1,394.00 1,802.50 $1,802.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 105 of 456 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 12/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905448 Boynton Beach FL 33435 STATEMENT NO: 33945 Attn: Lynn Swanson v. Fontenot, Joel (MVA) Billing Category: 18 - RLO Claim #19787449 HOURS 11/10/2020 TAD Receipt and review of correspondence re: release and W9. Review release information. Prepare correspondence to City re: same. 0.70 IR Receipt and review of email from opposing counsel's paralegal, enclosing their IRS Tax Forms 1099 and Settlement Agreement; removed case from active City of Boynton Beach's litigation case lists; 0.30 11/12/2020 IR Receipt and review of emails from Plaintiff's counsel, regarding the [final] Release, as well as when to expect to receive the settlement check, from the City of Boynton Beach; prepared tickler to follow up with litigation team, regarding same; 0.20 11/13/2020 TAD Receipt and review of correspondence re: settlement and prepare response to same. 0.20 11/19/2020 TAD Receipt and review of correspondence re: status of settlement. Confer with adjuster re: issues. Receipt of correspondence from plaintiff re: settlement proceeds. Prepare response to same. Prepare correspondence to City re: information from Tristar re: settlement. 0.60 11/25/2020 TAD Receipt and review of correspondence from plaintiff re: settlement. Receipt of correspondence from adjuster re: settlement proceeds. Prepare correspondence to plaintiff re: same. 0.30 IR Receipt and review of email from Johanna Molano, Paralegal to R. Timothy Vannatta, Esq., counsel for Joel James Fontenot, regarding the settlement check; prepared tickler for November 30, 2020 to follow up with legal assistant on our litigation team for the City of Boynton Beach; 0.20 11/30/2020 TAD Receipt and review of various correspondence from plaintiff re: settlement and prepare responses to same. 0.30 FOR CURRENT SERVICES RENDERED 2.80 518.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.70 $125.00 $87.50 TRACEY A. DECARLO 2.10 205.00 430.50 Page 106 of 456 CITY OF BOYNTON BEACH v. Fontenot, Joel (MVA) TOTAL CURRENT WORK BALANCE DUE Page: 2 12/02/2020 ACCOUNT NO: 306-9905448 STATEMENT NO: 33945 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 518.00 $518.00 Page 107 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18 - RLO Claim #20806974 ACCOUNT NO STATEMENT NO 11/05/2020 SHB Receive and review EEOC Notice of Dismissal. 0.10 11/10/2020 TAD Receipt and review of correspondence re: EEOC dismissal and dismissal. 0.20 11/24/2020 TAD Review discovery responses and revise outline of questions for deposition of plaintiff and prepare exhibits for same. Review non-party production re: status for deposition. 1.30 FOR CURRENT SERVICES RENDERED 1.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TRACEY A. DECARLO 1.50 205.00 307.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2020 306-9905462 33946 328.00 328.00 $328.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 108 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Bible Church of God (Property Damage/Fiber Optic Cable) Billing Category: 18 - RLO Claim #19792048 11/20/2020 TAD Receipt and review of correspondence re: status of service of demand. Receipt of correspondence from City re: status conference and prepare response to same. 11/23/2020 TAD Receipt and review of information on attempted service of demand on church. Review information on Church and principals. Confer with City re: next steps. Receipt of correspondence from City re: claim. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.00 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905480 33947 HOURS 0.30 0.70 1.00 205.00 TOTAL $205.00 205.00 $205.00 Page 109 of 456 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 12/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905511 Boynton Beach FL 33435 STATEMENT NO: 33948 Attn: Lynn Swanson adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) Billing Category: 18 - RLO Claim #20825463 11/02/2020 HN Edits of joint motion to extend providing expert list and review of local rule 7.1(a)(3). Email to Andrew Baumann, CRA counsel, with draft joint motion. Discussion with TAD. Review of Wing Ho's response pleading and discussion with TAD. Review of docket and pretrial scheduling order. 2.30 TAD Receipt and review of correspondence re: additional filing by Plaintiff Wing Ho. Review local rules re: issues with additional filings. Review filings by Plaintiff's regarding response. Confer with HN re: responses and trial order deadlines. 0.80 11/03/2020 HN Review of email from CRA counsel relating to joint motion. Coordinating efforts to confer with Plaintiffs to see if they are amenable to the joint motion. Conference call with CRA counsel as to next steps. Review of local rules and federal rules of civil procedure regarding status conferences. Follow up email to Tracey regarding whether we may move for a status conference. 1.60 TAD Receipt and review of correspondence re: CRA position on motion. Attend telephone conference with CRA counsel re: coordination of response to Plaintiffs and motions. Confer with HN re: motion and strategy re: claims. 0.60 TAD Receipt and review CLD Phone call to/email to the Hos re: Joint M/Extend Time to Disclose Expert Witness Lists; drafted proposed order re: same. 0.60 11/04/2020 TAD Receipt and review of correspondence regarding status conference. Review local and federal rules re: status conference or pre-trial conference. Prepare response to same. Receipt of correspondence re: plaintiffs response and failure to cooperate. 0.80 HN Email exchange with TAD regarding moving the court for a pretrial status conference. 0.10 IR Reviewed pleadings, including Plaintiffs' various complaints against the City of Boynton Beach; ran online searches of other Palm Beach litigated cases by the Plaintiffs; 0.90 11/09/2020 HN Coordinating filing of joint motion to extend deadline for providing expert witnesses. 0.20 CLD E -filed Joint Motion for Extension of Time to Disclose Expert Witness Lists; e -served Mr. & Mrs. Ho; drafted e-mail to Baumann, Esq. to review/approve Page 110 of 456 Page: 2 CITY OF BOYNTON BEACH 12/02/2020 ACCOUNT NO: 306-9905511 STATEMENT NO: 33948 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) proposed order; drafted email to Magistrate Brannon transmitting proposed Order re: Joint Motion. HOURS IM .e 11/16/2020 HN Review of docket and of scheduling deadlines. 0.20 TAD Receipt and review of correspondence re: proposed order and proposed order. 0.20 11/17/2020 TAD Receipt and review of order on motions. Confer with HN re: same. Prepare correspondence to the City re: order and status of claim. Review memorandum re: same. Receipt of correspondence from CRA counsel re: order. Receipt of correspondence re: deadline extension. 0.80 HN Review of Judge's order dismissing complaint. Phone discussions with TAD and JAC. Drafted inter -office memo to Mayor, Commission and City Manager regarding the Judge's Order. Phone call to the CRA. Email to CRA counsel. 2.70 11/23/2020 TAD Receipt and review of correspondence re: information on the Plaintiff current status. Confer with HN re: same. 0.30 11/24/2020 HN Review of Karen Ho's change of address filing. Review of 28 U.S.C. 2254 and follow up email to TAD. Email exchange with TAD. 0.50 TAD Receipt and review of correspondence re: information on plaintiff. Receipt of correspondence re: response to plaintiff and prepare response to same. 0.10 IR Receipt and review of Karen Yeh-Ho's Notice of Change of Address, filed in USDC, listing Plaintiffs new address at the Palm Beach County Jail; online background searches of Palm Beach County Jail Inmates; located Karen Yeh-Ho's arrest and incarceration information and saved to City of Boynton Beach litigation file; preparation of email to litigation team, attaching the Inmate Information; online searches of Palm Beach Circuit Court docket, both civil and criminal searches that pertain to Karen Yeh-Ho, that would explain Plaintiff's arrest and subsequent incarceration; 1.80 11/25/2020 IR Receipt and review of Order Granting Motion to Dismiss; Denying as Moot [DE 11]; Motion to Dismiss Denying as Moot [DE 12] Motion to Dismiss; Denying [DE 17] Motion to Strike; Denying as Moot [DE 18] Motion to Strike and Denying as Moot [DE 19] Motion to Strike; Granting in Part [DE 31] Motion for Extension of Time; Defendant's expert disclosure deadline is extended to December 28, 2020, entered by Judge Donald M. Middlebrooks on November 17, 2020; receipt and review of Set / Reset Deadlines / Hearings per [DE 32] Amended Complaint now due November 30, 2020; preparation of ticklers for new deadlines, following the Court's Orders; 0.80 11/30/2020 TAD Receipt and review of correspondence re: information on plaintiff and extension of time. 0.10 FOR CURRENT SERVICES RENDERED 16.00 2,904.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 7.60 $205.00 $1,558.00 CYNTHIA L. DUNN 1.20 125.00 150.00 INGRID RIERA 3.50 125.00 437.50 TRACEY A. DECARLO 3.70 205.00 758.50 Page 111 of 456 CITY OF BOYNTON BEACH adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) Photocopies TOTAL EXPENSES THRU 11/30/2020 TOTAL CURRENT WORK BALANCE DUE Page: 3 12/02/2020 ACCOUNT NO: 306-9905511 STATEMENT NO: 33948 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 149.10 149.10 3,053.10 $3,053.10 Page 112 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Jones, Doris (MVA with Personal Injury) Billing Category: 18 - RLO Claim #20828184 11/23/2020 IR Receipt and review of tickler for 60 day; online court docket check, if Doris Jones filed litigation against the City of Boynton Beach in Palm Beach Circuit Court; preparation of second, 30 day tickler for December 23, 2020; FOR CURRENT SERVICES RENDERED TIMEKEEPER INGRID RIERA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2020 306-9905518 33949 HOURS 0.40 0.40 50.00 TOTAL $50.00 50.00 $50.00 Page 113 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO Page: 1 12/02/2020 306-9905523 33950 City Fire Vehicle #873 Loss Claim (2011 International ALS Rescue Ambulance - VIN 1 HTMNAAL9BH381582 - Plate #XC Billing Category: 18 - RLO Claim # 11/03/2020 IR Receipt and review of email from Richard Ignoffo, City of the Boynton Beach regarding damage to vehicle, during transportation of patient, on Lantana Road, West of I[COBB / Chris Shell - Rescue Ambulance 10.24.20]: Receipt and review of email from Richard Ignoffo, City of the Boynton Beach regarding damage to vehicle, during transportation of patient, on Lantana Road, West of 1-95 on October 24, 2020, reviewed photographs, Incident Report, Loss Report; -95 on October 24, 2020; FOR CURRENT SERVICES RENDERED TINAPVPPPPP INGKIU KILKA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.40 0.40 50.00 TOTAL $50.00 50.00 $50.00 Page 114 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Raffensperger, Danielle (Slip and Fall) Billing Category: 18 - RLO Claim #20822793 11/23/2020 IR Receipt and review of email from Richard Ignoffo, with the City of Boynton Beach; reviewed photographs attached to email, as well as First Report of Loss or Claim prepared by the City; preparation of ticklers for 30, 60 and 90 day follow-up to check case status, and to check Palm Beach Circuit Court online docket; prepared 15 day tickler, whether to prepare a trial witness and subpoena duces tecum tracking chart, in preparation of anticipated litigation; FOR CURRENT SERVICES RENDERED TIhACI.ICCDCD 11NIU IU MILK/-\ TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.70 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS Page: 1 12/02/2020 306-9905527 33951 0.70 0.70 87.50 TOTAL $87.50 87.50 $87.50 Page 115 of 456 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Roberts, Jeanne (Slip and Fall) Billing Category: 18 - RLO Claim #20834047 11/25/2020 IR Receipt and review of email from Richard Ignoffo, with the City of Boynton Beach; receipt and review of Steinger, Greene & Feiner law firm letter, signed by Emma Brisoll, paralegal, of its representation of Jeanne Roberts, from November 13, 2020 alleged incident; reviewed photographs and the City's Claim Loss; prepared 30 and 60 day tickler and added to new litigation matters; ran online background searches of Jeanne Roberts, in Boynton Beach, Florida; FOR CURRENT SERVICES RENDERED TINAPVPPPPP INUMU KILKA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.20 $125.00 HOURS 1.20 1.20 TOTAL $150.00 Page: 1 12/02/2020 306-9905529 33952 150.00 150.00 $150.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 116 of 456 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 TUZZIO, PLLC City of Boynton Beach December 16, 2020 Attn: claims@bbfl.us Bill No. 54932 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 11/30/20 PROFESSIONAL SERVICES Date Services Attorney Hours 11/02/20 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 deposition of Defendant Matthew Zeller. 11/02/20 Preparation of email response to Plaintiffs' counsel Eiss re: LHR 0.20 depositions of Plaintiffs Sanford & Meredith Geraci and deposition of Defendant Matthew Zeller. 11/02/20 Receipt and review of second e-mail from Plaintiffs' counsel LHR 0.20 Eiss re: depositions of Plaintiffs Sanford & Meredith Geraci and Defendant Matthew Zeller. 11/06/20 Telephone conference with insured Capt. Zeller re: his LHR 0.30 deposition and pre -deposition meeting, depositions of Plaintiffs and his potential attendance at same, and his questions concerning status of case. 11/06/20 Preparation of e-mail to Plaintiffs' counsel Eiss re: depositions LHR 0.20 of Plaintiffs Sanford & Meredith Geraci and Defendant Capt. Matthew Zeller. 11/06/20 Receipt and review of email response from Plaintiffs' counsel LHR 0.20 Eiss re: depositions of Plaintiffs Sanford & Meredith Geraci and Defendant Capt. Matthew Zeller. 11/06/20 Preparation of second email to Plaintiffs' counsel Eiss re: LHR 0.20 depositions of Plaintiffs Sanford & Meredith Geraci and Defendant Capt. Matthew Zeller and potential location complications as Courthouse may be closed to depositions due to covid-restrictions. 11/06/20 Receipt and review of second e-mail from Plaintiffs' counsel LHR 0.20 Eiss re: depositions of Plaintiffs Sanford & Meredith Geraci and Defendant Capt. Matthew Zeller and his intention to have depositions conducted via Zoom. Page 117 of 456 Client: City of Boynton Beach December 16, 2020 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 11/06/20 Receipt and review of third email from Plaintiffs' counsel Eiss LHR 0.10 re: depositions of Plaintiffs Sanford & Meredith Geraci and Defendant Capt. Matthew Zeller. 11/06/20 Preparation of third email response to Plaintiffs' counsel Eiss LHR 0.10 re: depositions of Plaintiffs Sanford & Meredith Geraci and Defendant Capt. Matthew Zeller. 11/07/20 Extensive telephone conference with Capt. Zeller re: answering LHR 0.40 his questions concerning status of case and defense, and answering all of his questions concerning same. 11/09/20 Preparation of Notice of Taking Videotaped Deposition of LHR 0.20 Plaintiff Sanford Geraci via Zoom. 11/09/20 Correspondence to City Risk Manager Julie Oldbury re: Notice LHR 0.20 of Taking Videotaped Deposition of Plaintiff Sanford Geraci via Zoom. 11/10/20 Receipt and review of letter of no records received from Quick LHR 0.20 Family Urgent Care pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 11/11/20 Receipt and review of correspondence from Dr. Uma Choday LHR 0.20 re: request for authorization for release of medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 11/12/20 Receipt and review of Plaintiffs' Notice of Taking Deposition of LHR 0.20 Defendant Matthew Zeller. 11/12/20 Correspondence to insured Det. Matthew Zeller re: Plaintiffs' LHR 0.20 Notice of Taking Deposition. 11/12/20 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 deposition of Plaintiff Meredith Geraci. 11/12/20 Preparation of email response to Plaintiffs' counsel Eiss re: LHR 0.20 deposition of Plaintiff Meredith Geraci. 11/12/20 Receipt and review of second e-mail from Plaintiffs' counsel LHR 0.20 Eiss re: deposition of Plaintiff Meredith Geraci. 11/12/20 Preparation of second e-mail response to Plaintiffs' counsel LHR 0.20 Eiss re: deposition of Plaintiff Meredith Geraci. 11/12/20 Receipt and review of third email from Plaintiffs' counsel Eiss LHR 0.10 re: deposition of Plaintiff Meredith Geraci. 11/12/20 Preparation of third email response to Plaintiffs' counsel Eiss LHR 0.10 re: deposition of Plaintiff Meredith Geraci. 11/12/20 Receipt and review of fourth email from Plaintiffs' counsel Eiss LHR 0.10 re: deposition of Plaintiffs Sanford Geraci & Meredith Geraci. 11/12/20 Receipt and review of fourth email response to Plaintiffs' LHR 0.10 counsel Eiss re: deposition of Plaintiffs Sanford Geraci & Meredith Geraci. 11/13/20 Preparation of Re -Notice of Taking Videotaped Deposition of LHR 0.20 Plaintiff Sanford Geraci via Zoom Conference. Page 118 of 456 Client: City of Boynton Beach Matter: 19132 - Geraci v. Zeller PROFESSIONAL SERVICES Date Services 11/13/20 Preparation of Notice of Taking Videotaped Deposition of Plaintiff Meredith Geraci via Zoom Conference. 11/13/20 Correspondence to City Risk Manager Julie Oldbury re: Re -Notice of Taking Videotaped Deposition of Plaintiff Sanford Geraci via Zoom Conference and Notice of Taking Videotaped Deposition of Plaintiff Meredith Geraci via Zoom Conference. PROFESSIONAL SERVICES SUMMARY Code Name Hours LHR Lyman H. Reynolds, Jr., Partner 5.30 Total Professional Services 5.30 DISBURSEMENTS Date Description 11/20/20 Facsimile Fax to 561-488-8744. Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: December 16, 2020 Page 3 Attorney Hours LHR 0.20 LHR 0.20 Rate Amount 185.00 980.50 $980.50 Amount 2.00 $2.00 $ 982.50 2,397.76 -2,397.76 $ 982.50 Page 119 of 456 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: 54932 Bill Date: December 16, 2020 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 0 $ 982.50 2,397.76 -2,397.76 $ 982.50 0.00 $982.50 Page 120 of 456 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 November 17, 2020 Attn: Karen Klein Bill No. 54709 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 10/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 10/01/20 Receipt and review of Plaintiff's Interrogatories to City of SWK 0.30 Boynton Beach. 10/01/20 Receipt and review of Plaintiff's Interrogatories to Mark Sohn. SWK 0.30 10/01/20 Receipt and review of Plaintiff's Request to Produce to City of SWK 0.30 Boynton Beach. 10/05/20 Receipt and review of correspondence from Ms. Betesh re: AGB 0.20 documents responsive to City of Boynton Beach's Disclosures and to delete previos responses as they were not redacted. . 10/05/20 Correspondence to Ms. Betesh re: our receipt of documents AGB 0.20 responsive to City of Boynton Beach's Disclosures and to clarify her request to delete previous documents. 10/05/20 Draft/Revise interrogatories to Plaintiff. AGB 0.80 10/05/20 Draft/Revise request to produce to Plaintiff. AGB 0.70 10/05/20 Review/Analyze of relevant file documents to determine records JK 1.30 necessary to produce in Defendant's Initial Disclosures. 10/08/20 Receipt and review of Plaintiff's Notice of Taking Deposition of SWK 0.10 Mark Sohn. 10/13/20 Preparation of correspondence to Mr. Finney re: our request for AGB 0.10 exhibits requested in Plaintiffs discovery requests to City of Boynton Beach. 10/13/20 Receipt and review of correspondence from Ms. Betesh re: if AGB 0.20 filing a motion to request Plaintiffs deposition of Officer Sohn be taken via Zoom. 10/13/20 Review and analysis of correspondence from Mr. Finney re: AGB 0.20 exhibits referenced in Interrogatory #3 to Defendant, City of Boynton Beach. Page 121 of 456 Client: City of Boynton Beach November 17, 2020 Matter: 20469 - McFadden v. CBB/Sohn Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 10/13/20 Preparation of correspondence to Officer Sohn re: Defendant's AGB 0.20 draft discovery responses for review. 10/13/20 Draft/Revise answers to Plaintiff's interrogatories to Mark Sohn, AGB 1.60 including review and analysis of pertinent portions of file (approximately 200 pages) 10/16/20 Preparation of Correspondence to Linnes Finney re: deposition BLB 0.30 of Mark Sohn needs to be via Zoom. 10/16/20 Receipt and review of Correspondence from Linnes Finney re: BLB 0.20 will all other depositions be via Zoom. 10/19/20 Preparation of Correspondence to Linnes Finney re: Plaintiffs BLB 0.10 deposition via Zoom. 10/22/20 Preparation of Correspondence to Officer Mark Sohn re: his SWK 0.30 deposition. 10/23/20 Preparation of correspondence to Officer Sohn re: our request AGB 0.20 for status of his review of draft discovery responses. 10/23/20 Review/Analyze of Part 1 of records produced by Plaintiff in JK 1.60 Initial Disclosures to determine relevant information for possible future discovery. 10/26/20 Communicate/Other External Correspondence to Plaintiffs JK 0.20 Counsel re initial disclosures. 10/26/20 Review/Analyze Initial Disclosures from Plaintiff's Counsel re SWK 0.20 Pompano Beach Fire Rescue. 10/26/20 Review/Analyze Initial Disclosures from Plaintiff's Counsel re SWK 0.10 Broward Health North. 10/26/20 Review/Analyze Initial Disclosures from Plaintiff's Counsel re SWK 0.10 City of Pompano EMS. 10/26/20 Review/Analyze Initial Disclosures from Plaintiff's Counsel re SWK 0.10 Broward North dated 09/09/2017. 10/26/20 Review/Analyze Initial Disclosures from Plaintiff's Counsel re SWK 0.90 Personnel File. 10/26/20 Review/Analyze Initial Disclosures from Plaintiff's Counsel re SWK 0.40 Notice of Claim and Public Records Request. 10/26/20 Review/Analyze Initial Disclosures from Plaintiff's Counsel re SWK 0.40 K-9 Documents. 10/26/20 Review/Analyze Initial Disclosures from Plaintiff's Counsel re SWK 0.60 CBB Public Records Response. 10/26/20 Review/Analyze Initial Disclosures from Plaintiff's Counsel re SWK 0.40 images of injuries. 10/26/20 Review/Analyze (cont.) of Part 2 of records produced by JK 1.90 Plaintiff in Initial Disclosures in response to subpoena to determine relevant information for possible future discovery. 10/27/20 Preparation of correspondence to Officer Sohn re: our request AGB 0.20 for status of his review of Defendant's draft discovery responses. Page 122 of 456 Client: City of Boynton Beach November 17, 2020 Matter: 20469 - McFadden v. CBB/Sohn Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 10/28/20 Review/Analyze Initial Disclosures from Plaintiff's Counsel re SWK 0.70 Broward Health. 10/28/20 Review/Analyze Initial Disclosures body cam footage from SWK 2.70 multiple officers. 10/28/20 Receipt and review of correspondence from Officer Sohn re: his AGB 0.20 request to discuss Defendant's draft discovery responses. 10/29/20 Preparation of correspondence to Mr. Finney re: our request for AGB 0.20 extension to respond to Plaintiffs Interrogatories. 10/30/20 Draft/Revise correspondence to Mr. Finney and Ms. Betesh re: AGB 0.20 Defendant, Mark Sohn's, Notice of Filing Unverified Answers to Plaintiff Interrogatories. 10/30/20 Attendance at telephone conference with Officer Sohn AGB 0.20 regarding revisions needed to answers to interrogatories. 10/30/20 Draft/Revise additional revisions to Officer Sohn's answers to AGB 0.10 interrogatories pursuant to additional information received from client. 10/31/20 Review/Analyze Continuation of Initial Disclosures body cam SWK 2.10 footage from multiple officers. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 5.50 160.00 880.00 BLB Benjamin L. Bedard, Partner 0.60 185.00 111.00 JK Jaime Kehoe, Paralegal 5.00 110.00 550.00 SWK Stephanie W. Kaufer, Partner 10.00 185.00 1,850.00 Total Professional Services 21.10 $3,391.00 CURRENT BILL TOTAL AMOUNT DUE $ 3,391.00 Balance Forward: 1,605.00 Payments & Adjustments: -1,605.00 Total Due: $ 3,391.00 Page 123 of 456 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: 54709 Bill Date: November 17, 2020 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 3,391.00 WIN $ 3,391.00 1,605.00 -1,605.00 $ 3,391.00 $3,391.00 Page 124 of 456 •'0111 CONSENTAGENDA 1/5/2021 Requested Action by Commission: Proposed Resolution No. R21-001 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Explanation of Request: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City - contracted vendor. The Financial Services Department sent an invoice to each property owner, to which no response was received within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. How will this affect city programs or services? Fiscal Impact: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. Alternatives: The alternative would be to not place liens on the properties and not collect for the service provided. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Page 125 of 456 Grant Amount: Attachments: Type IRE)S()l LA ti 0 II'l Exhibit Description RE)SOkAboin approviing INUlisair C2, abatEKTIEslrlt ExhibitA Page 126 of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Community Standards to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above- described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" S:ACA\RESO\Nuisance Abatement for 01052021 - Reso.docx Page 127 of 456 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2021, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Nuisance Abatement for 01052021 - Reso.docx VOTE YES NO Page 128 of 456 Exhibit A First Name Last Name Company Name Address Line i Address Line 2 Lien PCN Property Address Invoice Invoiced Amount Amount Owed Jeanne & Hock Go 801 NE 76th St Boca Raton, FL 33487 19-3640 08-43-45-21-07-001-1790 301 W Boynton Beach Blvd 61204 $ 443.09 $ 473.09 Anthony Q Harris Estate PO Box 12296 Jacksonville, FL 32209 19-3395 08-43-45-21-20-010-0030 417 NE 12th Avenue 61203 $ 443.09 $ 473.09 Hartford Group Investors LLC 643896th Place S. Boynton Beach FL 33437 20-168 08-43-45-21-14-000-4460 525 NW 12th Avenue 61212 $ 443.09 $ 473.09 Zezel LLC 4828 Loop Central Drive Houston, TX 77081-2212 20-263 08-43-45-21-14-000-2921 514 NW 11th Avenue 61215 $ 443.09 $ 473.09 Doris E Williams Estate 221 E Martin Luther King BLV Boynton Beach FL 33435 19-2839 08-43-45-21-27-001-0220 221 E Martin Luther King Jr. Blvd 57153 $ 323.09 $ 353.09 Spectra Organization Inc 3432 W 45th St West Palm Beach FL 33407 19-1899 08-43-45-21-14-000-4420 517 NW 12th Avenue 55578 $ 227.06 $ 257.06 1 "I d ;' 2, ,02 , I Page 129 of 456 5.C. CONSENTAGENDA 1/5/2021 Requested Action by Commission: Approve reduction of performance bond #PB 12270900120 from current amount of $1,823,110.39 to $673,500.00 for the completion of the paving, grading and drainage improvements in association with the Riverwalk Project. Explanation of Request: In June 2019, in conjunction with the Land Development Permit, Isram Riverwalk LLC, provided the City a performance bond No PB12270900120 in the amount of $1,823,110.39. The Public Works Department Engineering Division requests approval to reduce the Performance Bond, by the amount of $1,149,610.39 for the completion of the earthwork and the paving, grading, and drainage improvements in association with the Riverwalk Project. This will leave the remaining $673,500.00 to be held by the City. • Isram Riverwalk LLC, submitted a request to reduce the existing performance bond and an updated Engineers' Opinion of Cost for the remaining earthwork, paving, grading, and drainage improvements is association with the Riverwalk Project. • The existing performance bond is in the amount of $1,823,110.39. • The Public Works Engineering Division has inspected the improvements and found that $379,993.50 (or 23%) of the work remains to be completed. • The Public Works Engineering Division finds the remaining bond (in the amount of $673,500.00) sufficient to complete the project. How will this affect city programs or services? N/A Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 130 of 456 Is this a grant? Grant Amount: ATTACHMENTS: Type D AttachirTIENI'lt D ffaclhhirTIEsirlt D ffaclhhirTIEsirlt Description AttachirTIE)lllt 1 Copy of Oirigiinal IBoind AttachirTIE)lllt 2 EingiinE)E)rs' EstiirnatE) Of IRE)irnaiiniing Cost AttachirTIE)lllt 3 Boind IIREdUlCb011l Cak�,Ulbtioin Page 131 of 456 EXHIBIT" "N-3" (LDR, Chap. 2, Art. 111, See. 6.C) W KNOW ALL MEN BY THESE PRESENTS: That [1] [we], Warn Riverwalk LLC hereinafter call PRINCIPAL, and Philadelphia indernnfty Insurance Company. a surety company authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and firrnly bound unto the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the full and just sum of one Million Eight Hundred Twenty -Three * U, S. Dollars ($ lawful money of the United States of America, to be paid to the City of Boynton Beach, to which payment will and, truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: *Thousand One Hundred Ten& 39/100 ** $1,823,110.39 [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the recording of a certain subdivision plat known as Riverwalk '-Raze and such recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapter 2, Article 111, Section 2 C.2.c, and Chapter 4, Article VIII, Section 2 and 3 respectively of the Land Development Regulations of the City of Boynton Beach, hercinafter the REGULATIONS, pertaining to said subdivision;,] or [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the construction of a certain project known as Riverwalk Plaza and such project shall construct and install the required public improvements, to support the Project pursuatit, to the terns of the Permit,] and WHEREAS, PRINCIPAL has been issued that certain [ Land Development Permit Permit] [Land Development Permit] Number , hereinafter the PERMIT, for construction of said Required Improvements, a copy of which is attached hereto and by reference made a part hereof-, and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of this obligation are such that if the above bound PRINCIPAL shall in all respects comply or cause others to comply with the tenns and conditions of said PERMIT, within the firric specified, and shall in every respect fulfill [its] [his] [her] [their] obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, it shall remain in full force and effect., Page I of 4 pages Page 132 of 456 The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULATIONS, The SURETY UNCONDITION ALLY COVENANTS AND AGREES that if the PRINCIPAL falls to perform all or any part of the construction work. required by said PERMIT and REGULATIONS within the time specified, the SURETY, upon thirty (30) day's written notice from the CITY or its authorized agent or officer, of the default, to the PRINCIPAL or its authorized agent or officer, will forthwith perform and complete the aforesaid construction work and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages either direct or consequential. Should the SURETY rail or refuse to perforin and complete the said improvements, CITY, in view of the public interest, health, safety and welfare factors involved and the inducement in approving and filing the said plat, shall have the right to resort to any and alllegal remedies against the PRINCIPAL and/or SURETY, or both at law and in equity including specifically the specific perfori-nance, to which the PRINCIPAL and SURETY unconditionally agree. The PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed, the atbresaid improvements in case the PRINCIPAL should fail or refuse to do so in accordance with the terms of said PERMIT. In the event CITY should exercise and give effect to such right, the PRINCIPAL, and SURETY shall be jointly and severally liable hereunder to reimburse the CITY the total cost thereof, including but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out and execute all the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 8th day of May 2019 1. (CORPORATE SEAL) Isram RiverwaGk LLC [a Florida licensed to M Eu '" (Impressionable corporate seal) Pate 2 oF4 pages Page 133 of 456 ADDRESS: STATE OF COUNTY OF BEFORE ME personally appeared —'7, who is per cry -gj_ identification, and who —execu–t-ethe ore 'd . 1q q., or has produced as oing instrunient as [Vice] President of cL corporation, and severally acknowledged to and before me that [he][she] executed sucfl instrument as such officer of said corporation, and that the sea] affixed to the foregoing instrument is the coiporate seal of said corporation and that it was affixed. to said instrument by due and regular corporate authority, and that instrument is the free act and deed of said corporation. WITNESS my hand and official seal this day of —,2o 4L - 11 A My commission expires: (S ANDREW PEARL AN J, MY COMMMION # GG 099623 EXPIRES; August 28, 2021 ded Thru Notary PublIc Underwritere "-L +#Y' O�B- -OR- ";°;".- ..... (INDIVIDUAL PRINCIPAL) WITNESS: BY: ADDRESS: (SURETY SIGNATURE BLOCK) WIT NES& Philadelphia Indemnity Insurance Company, S �PTY BY: " uvt (typed name) its attorney-in-fact (power of attorney must be attached) Stephanie Wall, Witness - Brett Rosenhaus, Attorney -in -Fact ' Page 3 of 4 pages Page 134 of 456 ADDRESS: One Bala Plaza East, Suite 100 .Bala Cynwyd, PA 19004 STATE OF Florida COT NTY OF Palm Beach BEFORE ME personally appeared Brett Rosenhaus, whop is [are] personally known to me or [has] [have] produced _Personally Known [and I respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that a] [she] [they] executed said instrument for the purpose expressed therein, WITNESS my hand and official seal this 8th day of May —12019.. My conuTiission expires: 7 Notary Public MARGARITA LAZARIDES 1 8 5 (Seal) NOTARY COMMISSION 9 GG119825 PUSLIC I f' ,20 STATE OF EXPIRES July 01, 21] (3 !FLORIDA BONDED THROUGH RLI INSURANCE COMPANY Page 4 of 4 pages air, Page 135 of 456 23,4 PHILADELPHIA INDENINITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, 11A 19004-0950 Power of Attl)rney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA $NDEIVINITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Corn nrionwealth of Pennsylvania, does hereby constitute and appoint Brett Rosenhaus, Richard Zimmerman and Dale Allison Belis of NielsonuRosenhaus & Associates, its trine and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognVzarjces and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an arnount riot to exceed $SO,000,000 This [lower of Attorney is gianked and is signed and sealed by tacsnuile vridei and by the authority of the ['611OWUlg ReS011.16011 adopted by the Board of Directors of PFFILADEL PHIA INIDENINI-1 Y INSURANCE COMPANY on die 1-i'h of November. 2016. RESOLVED: That [lie Board olDneetnis IlQieby authorizes tile President or any Vice President oCtl-ic Corral (I,') Appoint Attorney(s) in Fact and authorize the Attorneys) in Fact to execute oil behalf of the Corriloiny bonds anti UorjUrtakio-s, contracts of indurrinity and other" writings obligatory in the nature thereof and to attach the seat of the Company Lheretom arid (2) to remove, at any tunic, any such attorney -in -Feet and revoke the authoritygivon, And, be it FURTHER RESOLVED: Thal the sif, ,natures of such of'lkors and the seal of the Company may be affixed to any such Power of Attorney or cel tificaLe relating thereto by Facsimile, arid any such (lower of Attorney so executed and certified by rncsimile sig nalures ,and (acsimile seal Shall be valid and bindrug UpOir the ('01111NIny ill the i'lltUre with icspccit to any bond or under -raking, to which it is attached. IN 1`FS, FINIONY W1 IEREOF, PI 11LADELPHIA INDEMNITY INSURANCE CWPAN'y' I IAS CAUSED THIS INS FRUNIENT '10 RE SIGNED AND 1T5 CORPORA TE SEALTO BE AFFIXED 13Y ITS AUTI lORlZL.D OFFICE rl HS 27r" DA)" OF OCTOBER, 20117, 'A (Seal) Robert D Jr , President & CEO 1111fla(lelphin lndenlnity insurance Company Oil this 27"' (lay ot'October, 2017, bctore me came the 'imEvidiial who executed the [)receding instrtairent, to me personally known, and being by inc duly swnril .said droit lie is the therein described and authorized officer offfie PILILADELPI-TIA INDENINITN' INSURANCE COMPANY; that the seal ilffi'Cd to sRuf instrument is ilit! Cor -()orate seal of said Company; that tile said Corporate Seal and his signature were duly alfixed. Baia Cynwvd, PA S_qptcni her 2i, 2021 1, FlAward Sniago, Corpm-ate Secretary of ill llLADFL.PlHA INDLN,1NI I 't- INSURANCE COMPAWt', do hereby ccrtily that the tonegoin., resolutiorl ofthe Board of Directors and tile POWCI' Ol'AttiAlICY jSSUcd J)UISULklu illercto on [lie 21"' day ofoctobC1% 2017 M -C true Jild CONCCt and .are still in full I'mce amt effect. I <ln tuothor Ccrtily that Robert D O'Leary Jr , WhO executed the Power oh Anomer as President, mans on the date oaf cxccunon of the ,atachcd ef Ot' A11,01AVY tlle duly CICClsd PicSidonl. of PI I ILADI-1111 HA INDLMNITN' INSURANCl', C (WPANY. In lesuniony Whereot'l have subscribed nay name and anixed the iacsinlile seat of each ( Ufllllarly this 'Z -IL day of Ka t'$ 20 ifL. Ldward Savago, CorIvralc Ser-l'ctnry N' I'll I LAW, LPI I IA I NDE, NINFI_N' I SU R.1% i 4CE COM PANY '_ � I " Page 136 of 456 Notary Public, aessdang at: (Notary Seal) My Conlinission expires: Baia Cynwvd, PA S_qptcni her 2i, 2021 1, FlAward Sniago, Corpm-ate Secretary of ill llLADFL.PlHA INDLN,1NI I 't- INSURANCE COMPAWt', do hereby ccrtily that the tonegoin., resolutiorl ofthe Board of Directors and tile POWCI' Ol'AttiAlICY jSSUcd J)UISULklu illercto on [lie 21"' day ofoctobC1% 2017 M -C true Jild CONCCt and .are still in full I'mce amt effect. I <ln tuothor Ccrtily that Robert D O'Leary Jr , WhO executed the Power oh Anomer as President, mans on the date oaf cxccunon of the ,atachcd ef Ot' A11,01AVY tlle duly CICClsd PicSidonl. of PI I ILADI-1111 HA INDLMNITN' INSURANCl', C (WPANY. In lesuniony Whereot'l have subscribed nay name and anixed the iacsinlile seat of each ( Ufllllarly this 'Z -IL day of Ka t'$ 20 ifL. Ldward Savago, CorIvralc Ser-l'ctnry N' I'll I LAW, LPI I IA I NDE, NINFI_N' I SU R.1% i 4CE COM PANY '_ � I " Page 136 of 456 FLYNN ENGINEERING SERVICES, P.A. 241 Commercial Blvd. Lauderdale by the Sea, Fl 33308 RIVERWALK PLAZA ENGINEER'S ESTIMATE OF COST REMAINING IN PHASE 2 Proj ect : RIVERWALK PLAZA ProjectNumber: 15-1264.00 Location SEC FEDERAL HWY & WOOLBRIGHT ROAD Date : 07/17/20 Estimate For CITY OF BOYNTON BEACH Quantities By FLYNN ENGINEERING SERVICES, P.A. Client : ISRAM RIVERWALK, LLC No. Description Quantity Unit Unit Cost Subtotal TOTAL PAVING 1 1 1/2" Asphalt SP12.5 (2 Lifts) 1620 SY $29.55 $47,871.00 2 8" Limerock Base 1620 SY $16.25 $26,325.00 3 12" Subrade 1620 SY $5.00 $8,100.00 5 Type D Curb 990 LF $26.00 $25,740.00 7 4" Concrete Sidewalks 110 SF $6.25 $687.50 8 Striping/Signage I LS $2,000.00 $2,000.00 SubTotal Paving $110,723.50 STORM DRAINAGE 1 18" HDPE 140 LF $65.00 $9,100.00 2 36" HDPE 327 LF $85.00 $27,795.00 3 1811 HDPE Exfiltration Trench 1235 LF $95.00 $117,325.00 4 Drainage Structures 26 EA $4,400.00 $114,400.00 5 Connect to Existing Drainage Pipe 4 EA $950.00 $3,800.00 6 Baffles 7 EA $850.00 $5,950.00 SubTotal Storm Drainage $269,270.00 SUBTOTAL V� �&SE 2 COSTES'F� MATE $379,993.501 ()l S' F F� S' F I N I F Fl Digitally signed by Dennis R Shultz Ult DI: c=US, o=Flynn Engineering Services P.A., Dennis R Sh Z ou=A01 427EOOOOOI 6663AOB4E700002092, cn=Dennis R Shultz Date: 2020.11.24 09:41:36 -05'00' OVI"" . -'V, 114. STATE OF ........... City Engineering Cost Estimate Phase 2.x1s THIS ITEM HAS BEEN DIGITALLY SIGNED, ANf") SEALED BY DENNT"; F. SKJLTZ, RE ON Nov 24, 2020 F'RINTED COPIES OF THIS DOCUMENT ARE NOT CO3NSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIE[") ON ANY ELECTR,0NIC' COPIES Page I of I Page 137 of 456 Riverwalk Land Development Permit Bond Reduction Calculation $1,657,373.08 Original Cost of Work -$379,993.50 Remaining Work at current unit prices $1,277,379.58 construction cost reduction $1,823,110.39 Original surety -$1,149,641.62 90% of construction cost reduction $673,500.00 amount of remaining surety (rounded to the higest $100) $1,823,110.39 Present surety -$673,500.00 remaining surety $1,149,610.39 Amount Certifed this request. Page 138 of 456 5.D. CONSENTAGENDA 1/5/2021 Requested Action by Commission: Approve change order to Task Order UT -21D-03 with Calvin Giordano and Associates, in the amount of $12,785.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D for the drainage improvements and road rehabilitation of Industrial Way. Explanation of Request: On 4/21/20 the City Commission approved Task Order UT -21D-03 with Calvin Giordano and Associates, in the amount of $82,126.69 to provide professional engineering design services for the drainage improvements and road rehabilitation of Industrial Way. Staff is requesting approval of a change order in the amount of $12,785 to modify the drainage design and additional subsurface locations to accommodate changes requested by the City of Boynton Beach Utilities Department. This change order will bring the total contract value $94,911.69. How will this affect city programs or services? New drainage system will provide safe and efficient disposal of storm runoff along industrial way. Fiscal Impact: Budgeted The project will be funded from the Sales Tax Street Maintenance Funds (303- 4905-580.63-08, CP0266). Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 139 of 456 Type D AttacftrTIENI'lt D AttacftrTIENI'lt D A ttac h rTIE) II'l t Description AttachirTIENI'lt 1 Addihoinal SE)irviCE) Fliroposal� AttachirTIENI'lt 2 1 IoUlirlyBir'Esakdown of Add SENnACE) fE) E)S AttachirTIENI'lt 3 linit4a T,,. -ask OrdE)r Page 140 of 456 Calvin, Giordano &Associates, Inc. F X C E P T 1 0 N A L S 0 1. Ll T 1 0 N 5 FORTLAUDERDALE IWAMI-DADS WEST PALM BEACH CLEARWATERITAMPA ESTERO Pop'TsT.Luclpage 141 of 456 DATE: December 14, 2020 RE: Industrial Way Drainage Redesign CLIENT: City of Boynton Beach P.O. Box 310 Boynton Beach, FL. 33425 Building Code ServiRoaces dway Civil Engineering / ATTENTION: Mr. Gary Dunrnyer, MBA, PE, GC & Highway Design Coastal Engineering CGA NO.: 20-3621.1 Code Enforcement Construction Engineering CGA HAS BEEN ADVISED TO PROCEED WITH THE FOLLOWING Inspection (CEi) ADDITIONAL SERVICES: Construction Services Data Technologies & The scope of work for the above -referenced project is changing at the request Of Development Electrical Engineering the City of Boynton Beach (CITY) and requires plan and drainage calculation Engineering revisions. Calvin, Giordano & Associates, Inc. (CGA) is being tasked with Environmental Services relocating the proposed drainage trunk line to the southern edge of pavement of Facilities Managernent Industrial Way. This will require relocation of the pipe network, revising the Geographic Information systems(GIS) location and types of proposed structures, and elimination of a few proposed Governmental Services structures. Also, concrete valley gutter will now be proposed on top of the new Indoor Air Quaflty drainage trunk line for the new valley gutter inlets. The project limits (Industrial Landscape Architecture Planning Way starting from High Ridge Road east to the cul-de-sac, which is Project Management approximately 1,200 linear feet) and all other project scope remains the same Redevelopment & Urban Design (CGA's original contract number is 20-3621 for reference). The detailed scope 017 Surveying & Mapping work for these additional services is as follows: Traffic Engineering Transportation Planning 1. Professional Engineering Services Water I Utilities Engineering Website Development A. Civil Engineering 1. Revise the following plan sheets: Details, Existing Conditions and Demolition Plan, Industrial Way Plan and Profile, and Cross Sections. 1800 Eller Drive 2. Attend one (1) meeting with the CITY to review the revised plans. Suite 600 Fort Lauderdale, FL.3. CGA shall subcontract with US Utility Potholing & Air 33316 954.921.7781 phone Excavation to perform five (5) additional exploratory excavations 954,921.8807 fax to identify any proposed utility conflicts within the project limits. Six exploratory excavations were included in the original scope, WWWxgasolution%corn but we now anticipate additional excavations will be required based on the proposed infrastrUCtUre relocation. FORTLAUDERDALE IWAMI-DADS WEST PALM BEACH CLEARWATERITAMPA ESTERO Pop'TsT.Luclpage 141 of 456 4. Water main design/permitting, removing the proposed exfiltration trench, and updating the drainage calCUlations are not included in this scope per the arrs request. I COST OF THESE SERVICES (Lump Sum) I Professional Engineering Services A Professional Civil Engineering Services $12, 11 Meetings not included in I thru I GR TOTAL (Plus Hourly Services) $12, AUTHORIZATION lKindly sign and return this authorization at your earliest convenience. Calvin, Giordano & Associates, Inc. will proceed upon receipt of auth9rirkican By: By: L' Mr. Gary Gun neer, MBA, PE, GC Chris Giordano City Engineer Vice Pr siders Date: Date: Page 142 of 456 Hours Summary - Detail Civil Engineering Fort Lauderdale Final Engineering Work Activit v Position Hrs. Rate Total Paving, Grading & Drainage Eng Sr CADD Tech 40 $95.00 $3,800.00 Plans Manager Paving, Grading & Drainage Project Manager IV 12 $190.00 $2,280.00 Plans Quality Control Project Manager IV 6 $190.00 $1,140.00 Quality Control Eng Sr CADD Tech 16 $95.00 $1,520.00 Manager Meetings with the Client Project Manager IV 3 $190.00 $570.00 Total Final Engineering 77 $9,310.00 Sub -Consultant Work Activit v Position Hrs. Rate Total Sub -Consultant Consultant 1 $3,475.00 $3,475.00 Total Sub -Consultant 1 $3,475.00 Total Civil Engineering Fort Lauderdale 78 $12,785.00 Proposal Total 78 $12,785.00 Page 143 of 456 Calvin, Giordano &Associates, Inc. E X C E P T 1 0 N A L S 0, L U T 1 0 N S'" March 11, 2020 Mr. Gary Dunmyer, P.E. City Engineer Building Code Services City of Boynton Beach Civil Engineering / Roadway & Highway Design 3301 Quantum Blvd., Suite 101 Coastal Engineering Boynton Beach, FL 33426 Code Enforcement Construction Engineering & Inspection (CEI) Construction Services RE: Industrial Way Drainage Improvements Data Technologies & Development CGA Proposal No. 20-3621, Boynton Beach Task Order No. UT -2D-03 Electrical Engineering Engineering Dear Mr. Dunmyer, PE., Environmental Services Facilities Management The scope of work for the above referenced project includes professional services Geographic Informaton provided by Calvin, Giordano & Associates, Inc. (CGA) for the City of Boynton Systems (GIs) Governmental Services Beach (CITY) in preparation of construction documents, permitting and bidding Indoor Air Quality assistance for the above subject project. The project limits are within the right-of-way Landscape Architecture of Industrial Way Road from High Ridge Road east to end of the street (cul-de-sac). It Planning is our understanding that the Industrial Way corridor is within an industrial area with Project Management heavy truck traffic and is experiencing drainage issues and pavement deterioration. Redevelo ment & Urban, Eesign The improvements include drainage improvements, milling and resurfacing, ADA Surveying & Mapping upgrades, wooden utility pole relocation, minor pavement widening and radius Traffic Engineering modifications at High Ridge Road approach to accommodate desired lane Transportation Planning configuration. CGA's sub -consultants Radise International, LC and US Potholing & Water i Utilities Engineering Air Excavation will provide Geotechnical Engineering Services and Subsurface Utility Website Development Investigation, respectively, to assist during the design phase of this project. Note that no Tree Preservation, Tree Disposition Plan are included in this proposal but can be added as an additional service if required. The scope of work for this project is outlined below. 1. Professional Engineering Services 1800 Eller Drive Suite 600 A. Civil Engineering Fort Lauderdale, FL 33316 954,921,7781 phone 1. Utility Coordination, Data Collection and Typical Section 954,921,8807 fax • Perform site visit of the corridor to understand existing www.cgasolludons.com conditions and site constraints. FORT (LAUDERDALE MIAMI-DADE WEST PALM BEACH CLEARWATER/TAMPA ESTER PORT ST P%fg e 144 of 456 • Create an 811 Design Ticket and submit Utility Request Letters to applicable utility owners (UOs) • Create utility matrix for tracking • Log & input utility information into AutoCAD. • Sub -Consultant to perform utility potholes throughout the project corridor. Six (6) soft digs are anticipated and are included in this proposal. An additional service agreement shall be required if more than six (6) soft digs are required. • Coordinate with Sub -Consultant on soft dig locations. Review Report and incorporate the findings into the design. • Sub -Consultant to perform a Geotechnical Report to understand existing pavement and soil investigation and condition. The Geotechnical Report will assist the engineer in drainage characteristics and pavement design. • Coordinate with Sub -Consultant on Geotechnical test locations. Review Report and incorporate the soil conditions into the design. • Prepare Typical Section and submit to CITY for review and approval prior to any plan production. 2. 60% Plans Production and Permitting • Prepare 60% plans for roadway improvements including Paving, Grading & Drainage Plans; Pavement Marking and Signage Plans; Cross Sections every 100 ft; Maintenance of Traffic Plans; SWPPP Plans; Details and General Notes. • Prepare drainage calculations and report. It is our understanding that City staff will perform drainage calculations and grading. CGA will oversee this task and work together with City staff to perform drainage calculations and grading. • Prepare 60% construction cost. • Submit pdfs and hard copies of plans and cost estimate to CITY for review. Page 145 of 456 • One (1) meeting with CITY staff to discuss 60% plans and cost estimate. 3. 90% Plans Production • Revise plans per CITY's comments from the 60% Plans Production review. Fee includes responding and addressing comments. • Prepare 90% plans for roadway improvements including Paving, Grading & Drainage Plans; Cross Sections every 100 ft; Pavement Marking and Signage Plans; Maintenance of Traffic Plans; SWPPP Plans; Details and General Notes. • Prepare 90% construction cost. • Prepare Technical Specifications. It is our understanding that the CITY will prepare and provide their own Front End Specifications for this proj ect. • Submit pdfs and hard copies of plans and cost estimate to CITY for review. • One (1) meeting with CITY staff to discuss 90% plans, technical specifications and cost estimate. 4. 100% Plans Production • Revise plans per CITY's comments from the 90% Plans Production review. fee includes responding and addressing comments. • Prepare 100% plans for roadway improvements including Paving, Grading & Drainage Plans; Pavement Marking and Signage Plans; Maintenance of Traffic Plans; SWPPP Plans; Details and General Notes. • Prepare 100% construction cost. • Prepare 100% Technical Specifications. • Submit pdfs and hard copies of plans and cost estimate to CITY for bidding. 5. Bidding Page 146 of 456 • Attendance to one (1) pre-bid meeting. It is anticipated that CITY staff will conduct the pre-bid meeting and prepare meeting minutes. • Address bidder RFI's and revise plans during bidding as needed. 6. Project Management • Design team coordination to ensure the project progresses on schedule. This includes internal progress meetings, coordination with the design team, schedule updates, budget control and invoice processing, addressing client comments, meeting minutes, supporting documentation for design and permitting, and quality control review of plans. Overall client coordination to keep the CITY aware of the project's progress, budget, schedule and critical design decisions. 7. Other Services • The only services included in this contract are those specifically identified above. An additional Services Agreement (ASA) shall be required if additional services are requested by the CITY. The following services are not included in this contract: - Landscape Architecture, Survey Services, Engineering during construction and construction administration/inspections are not included in this contract but can be provided with an ASA. - Bid evaluation and bid opening is not included in this contract but can be provided with an ASA. B. Electrical Engineering 1. Evaluate the existing utilities findings and coordinate with each utility any required changes. 2. Provide field meeting with utility companies to assess any required changes to existing overhead utility services which might have an impact to the project. 3. Coordinate proposed utility changes and provide feedback. 4. Coordinate proposed utility changes within CGA scope of work. Page 147 of 456 5. Obtain utilities cost estimates to be paid by the City of Boynton Beach for the preparation of the project cost construction estimate. 6. Items not included • Roadway lighting upgrades • Electrical engineering design. • Modification to any existing electrical service impacted by the relocation of utilities. • Any other items not listed. • Construction Administration, including but not limited to, request for information (RFI), bidding, building department responses, value engineering, etc. BASIS OF PROPOSAL • Any opinion of the construction cost prepared by Calvin, Giordano & Associates, Inc. represents its judgment as a design professional and is supplied for the general guidance of the CLIENT since Calvin, Giordano & Associates, Inc. has no control over the cost of labor and material, or over competitive bidding or market conditions. Calvin, Giordano & Associates, Inc. does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT. • Any outside engineering services, studies, or laboratory testing not specifically mentioned in the Scope of Services will be the responsibility of the CLIENT. All municipal, permit, and agency fees as well as Title Certificates will be paid by the CLIENT. • Basic services outlined within this proposal shall be considered complete when the project plans are submitted to the regulatory agencies for Certification. • Calvin, Giordano & Associates, Inc. is performing the consultant services set forth in this Agreement strictly as a professional consultant to CLIENT. Nothing contained in this Agreement shall create any contractual relationship between Calvin, Giordano & Associates, Inc. and any contractor or subcontractor performing construction activities on the project, or any of CLIENT's other professional consultants. • Calvin, Giordano & Associates, Inc. shall not be responsible for the contractor's schedules or failure to carry out the construction in accordance with the construction documents. Calvin, Giordano & Associates, Inc. shall not have control over or charge of acts or omissions of the contractor, subcontractors, or their agents or employees, or of any other persons performing portions of the construction. • Calvin, Giordano & Associates, Inc. will require that all consultants carry proper Page 148 of 456 insurance, including professional liability insurance, if appropriate. • Permit construction certification will include one partial and one final inspection. ADDITIONAL FEES The following services are NOT included in this proposal and will be considered Additional Services, which will be addressed in a separate contractual agreement. The services include but are not limited to: • Architectural, structural (i.e., retaining walls, bridges, docks), mechanical (i.e., fire pumps), fire protection, geotechnical and testing, environmental assessment, power, gas, telephone, cable television, site lighting services. • Calculations for needed fire flow for site demands, based on building type use and size, if required. • Calculations of off-site flood stages. • Construction quality control inspections. • Off-site engineering and negotiations for off-site easements, if required (other than as specified in the Scope of Services). • Permit application or negotiation with permitting authorities other than those specifically listed herein. • Preparation of construction contract documents, other than drawings and technical specifications (e.g., bid schedule, project manual); • Professional land surveying not included in the scope of services (i.e., buried utility investigation, easement research, condominium documents, project stake -out and as - built drawings). • Professional services required due to conditions different from those itemized under the Scope of Services or due to events beyond the control of Calvin, Giordano & Associates, Inc. • Professional services required, due to changes in the site plan initiated by the CLIENT, their representatives or other consultants (e.g., architects, landscape architects, etc.) after either design or preparation of the construction drawings has commenced. • Re -review of rejected shop drawings. • Review and approval of Contractor pay requests. • Review of Data supplied by the CLIENT (i.e. GIS data sets, databases, aerial images, etc.) required for integration into this project. • Review of shop drawings for contractor or Client selected alternatives, materials, products, etc. • Special shop drawing annotation and modification to expedite shop drawing approval process. • Updated boundary survey, site evaluation or closing assistance work, unless specified above. Page 149 of 456 REIMBURSABLE EXPENSES Calvin, Giordano & Associates, Inc. and its consultants will be reimbursed for the printing of drawings and specifications, deliveries, Federal Express services, required travel time and travel expenses, long distance telephone calls, fax transmittals, postage, fees paid for securing approval of authorities having jurisdiction over the project, renderings, models and mock-ups required by CLIENT, as required. Reimbursable expenses and sub -consultant invoices will be billed directly to the CLIENT at a multiplier of 1.25. MEETING ATTENDANCE Due to the difficulties of predicting the number or duration of meetings, no meetings other than those listed above, are included in the Schedule of Fees shown below. Preparation for and meeting attendance, as necessary, will be provided on a time and materials basis and will be billed at the standard hourly rates in accordance with the attached Hourly Rate Schedule. SCHEDULE OF FEES Calvin, Giordano & Associates, Inc. will perform the Scope of Services for a lump sum fee as shown in the proposed Schedule of Fees: (PROPOSED SCHEDULE OF FEES Professional Engineering Services A Professional Civil Engineering Services $78,706.691 B Professional Electrical Engineering Services $3,420.001 Meetings not included in I thru II Hourly AL Lump Sum (Pius Hourly Services) $82,126.691 TERMS OF THE AGREEMENT Calvin, Giordano & Associates, Inc. and the CLIENT agree by their signatures on this document that each party will not hire or attempt to hire any staff from the other party while under contract together. Calvin, Giordano & Associates, Inc. is preparing and providing drawings, plans, specifications and other documents as outlined in the scope of services for this Agreement for use in the construction of this project, based upon design and construction criteria prepared and provided by others, including but not limited to the CLIENT and Page 150 of 456 CLIENT's consultants. Calvin, Giordano & Associates, Inc. is not responsible for any errors and omissions in the aforesaid design and construction criteria provided by others. • CLIENT agrees to indemnify, hold harmless and, at Calvin, Giordano & Associates, Inc.'s option, defend or pay for an attorney selected by Calvin, Giordano & Associates, Inc., to defend Calvin, Giordano & Associates, Inc., its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, any appellate attorney costs, court costs, and expenses, caused by, arising from, or related to any acts, omissions or negligence of CLIENT or its consultants. • CLIENT agrees to limit Calvin, Giordano, & Associates, Inc.'s liability for any and all claims that CLIENT may assert on its own behalf or on behalf of another, including but not limited to claims for breach of contract or breach of warranty, to the amount of fees paid to Calvin, Giordano & Associates, Inc., pursuant to this Agreement. • Drawings, specifications, and other documents and electronic data furnished by Calvin, Giordano & Associates, Inc. in connection with this project are instruments of service. All original instruments of service shall be retained by Calvin, Giordano & Associates, Inc. and will remain their property, with all common law, statutory and other reserved rights, including copyright, in those instruments. This information provided in the instruments of service is proprietary and will not be shared with others without prior written consent. The CLIENT may request reproducible copies, and all original documents upon payment of all outstanding invoices, and expenses. • In the event of termination in accordance with this Agreement or termination not the fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be compensated for services properly performed prior to receipt of notice of termination, together with Reimbursable Expenses then due. • Invoices for work accomplished to date will be submitted monthly and are payable within thirty (30) days. The CLIENT will pay invoices upon receipt and understands interest charges of 1.5% per month will be applied to any unpaid balance past thirty (30) days. Calvin, Giordano & Associates, Inc. may elect to stop work until payment is received. If work is stopped for thirty (30) days or more, Calvin, Giordano & Associates, Inc. may request compensation for start-up costs when work resumes. • PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CALVIN, GIORDANO & ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE IN NEGLIGENCE FOR ANY CLAIMS, DAMAGES, LOSSES, OR DISPUTES ARISING OUT OF OR SUBJECT TO THE CONTRACT. • The CLIENT or their representative shall be available to meet with Calvin, Giordano & Associates, Inc. and provide decisions in a timely manner throughout the course of the project. The CLIENT will provide all plans and other pertinent information, which are necessary for Calvin, Giordano & Associates, Inc. to provide complete professional services as outlined in this contract. • The terms of Agreement shall be valid for the Client's acceptance for a period of thirty (30) days from the date of execution by Calvin, Giordano & Associates, Inc. after which Page 151 of 456 time this contract offer becomes null and void if not accepted formally (evidenced by receipt of an executed copy of this document). All rates and fees quoted in this document shall be effective for a period of six (6) months, after which time they may be renegotiated with the CLIENT. • This Agreement may be terminated by either parry upon not less than seven (7) days written notice should the other parry fail substantially to perform in accordance with the terms of this Agreement through no fault of the parry initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance with this Agreement, shall be considered substantial nonperformance and cause for termination. MISCELLANEOUS PROVISIONS • CLIENT and Calvin, Giordano & Associates, Inc., respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other parry to this Agreement and to the partners, successors, assigns, and legal representatives of such other parry with respect to all covenants of this Agreement. Neither CLIENT nor Calvin, Giordano & Associates, Inc. shall assign this Agreement without written consent of the other. • This Agreement represents the entire and integrated agreement between the CLIENT and Calvin, Giordano & Associates, Inc. and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Calvin, Giordano & Associates, Inc. and the CLIENT. • Unless otherwise provided, this Agreement shall be governed by the law of the place where the project is located. TERMINATION OF THE AGREEMENT • This Agreement may be terminated by either parry upon not less than seven (7) days written notice should the other parry fail substantially to perform in accordance with the terms of this Agreement through no fault of the parry initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance with this Agreement, shall be considered substantial nonperformance and cause for termination. • In the event of termination in accordance with this Agreement or termination not the fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be compensated for services properly performed prior to receipt of notice of termination, together with Reimbursable Expenses then due. Page 152 of 456 We appreciate the opportunity to submit this proposal. Calvin, Giordano & Associates, Inc. is prepared with the necessary manpower to proceed with the proposed scope of services upon receipt of the executed authorization. Our personnel are committed to completing the project in a timely manner. Please indicate your acceptance of this proposal by signing below and returning one executed copy of the contract to this office. We look forward to working with you in making this project a success. Page 153 of 456 ICost of these services are $82,126.69 plus hourly as noted in fee breakdown. S CAL"VIN", (51colzoANO IN By: N m -v 'I �OtViCC 1, kAell"t D, �0 -. �, . ......... ....... . ........ .......... . Page 154 of 456 Totals for Civil Engineering Services Title Total Hours Hourly Rate Fees for Role Project Manager 208.00 $190.00 $39,520.00 CADD / Technician 284.00 $95.00 $26,980.00 Consultant -- -- $12,206.69 Total Fee for Civil Engineering = $78,706.69 Totals for Electrical Engineering Services Title Total Hours Hourly Rate Fees for Role Project Manager 18.00 $190.00 $3,420.00 CADD / Technician -- $95.00 $0.00 Consultant -- -- $0.00 Total Fee for Electrical Engineering = $3,420.00 Total Fee = $82,126.69 Page 155 of 456 5.E. CONSENTAGENDA 1/5/2021 Requested Action by Commission: Proposed Resolution No. R21-002 - Authorize the Piggy -Back of City of Newport News, Virginia Contract number 19-3441-00 for the purchase of Mitel software and hardware support services from I PC Technologies in the amount of $10,531.05 and authorize the City Manager to sign the support agreement. Explanation of Request: Newport News, Virginia Contract Valid August 23, 2019 through October 1, 2021 During the February 3, 2015 City Commission meeting, the purchase of a new Mitel phone system was approved through Forerunner Technologies, Inc. through RFP No. 068-1510-14/J MA. The purchase included 5 -years of maintenance and support with the option of an additional 3 -years of maintenance and support. The City of Boynton Beach was the first customer that purchased a Mitel phone system from Forerunner Technologies. Forerunner Technologies did not have Mitel support technicians on staff and used Mitel manufacturer support for the first three years to support the City. The support received was not adequate due to delays in response, identification, and resolution of our phone system issues. In October 2018, Forerunner Technologies began sub -contracting the City's Mitel phone support to a company named I PC Technologies. The support arrangement improved with the introduction of I PC, but the City still had to report support issues via Forerunner Technologies. This workflow still included a delay due to Forerunner having to forward our issues over to the technicians at I PC. The current 5 -year support agreement with Forerunner Technologies expires on January 21, 2021. The proposed solution is to sign a support agreement directly with I PC Technologies. How will this affect city programs or services? This proposed software and hardware support agreement is direct with I PC Technologies. It leverages the company's local support presence (regional office in Boca Raton; two qualified technicians on-site), reducing response time related to phone system issues, and improve the City's overall phone services. Fiscal Impact: Budgeted Funding has been approved in the I.T.S. Department's 2020/2021 Operating Budget under account 001- 1510-513.49-17 (Telephone Services). Alternatives: The City could issue its own formal bid request, but that does not guarantee a substantial lower cost, or resolve response -time issues. Additionally, the City would need to enter into a time -and -materials agreement with a vendor to provide support while a formal bid request is processed. Strategic Plan: Building Wealth in the Community Strategic Plan Application: This agenda item can be grouped under the strategic goal of Building Wealth in the Community by protecting the reliability and longevity of the City's phone system. Failure to maintain and provide timely repairs to the City's phone system would have a detrimental impact on many City services provided to our community. Page 156 of 456 Climate Action Application: This agenda item has a net -zero impact on the climate. Is this a grant? Grant Amount: Attachments: Description IRE)SOkAtioin appiroviing Ipliggy lbacllc agir'E)E)irT1E)1['1t with I IFIC TbchinologiE)S for IMREfll Cobb/Il IFIC TbcftnologiE)S IRiggy IBack Agir'E)E)irT1E)1['1t I IFIC TbchinologiE)S IMREfll SLApportAgir'EsE�KTIEsIlnt City of BoyintoinBE�,ach Cointract SLAirnirnary City of INEWlPOrI INEWS Sigl['IEsd Cointract City of INEWlPOrI INEWS Cointract Page 157 of 456 Type D IRE)S()�I LA ti 0 111 D Riggy IBacllc DAg ir'E�'E) rTIE) 111 t D C6 intra D Cointract D AddE)indUlirn Description IRE)SOkAtioin appiroviing Ipliggy lbacllc agir'E)E)irT1E)1['1t with I IFIC TbchinologiE)S for IMREfll Cobb/Il IFIC TbcftnologiE)S IRiggy IBack Agir'E)E)irT1E)1['1t I IFIC TbchinologiE)S IMREfll SLApportAgir'EsE�KTIEsIlnt City of BoyintoinBE�,ach Cointract SLAirnirnary City of INEWlPOrI INEWS Sigl['IEsd Cointract City of INEWlPOrI INEWS Cointract Page 157 of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R20 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING UTILIZING THE CITY OF NEWPORT NEWS, VIRGINIA CONTRACT NUMBER 19-3441-00 FOR THE PURCHASE OF MITEL SOFTWARE AND HARDWARE SUPPORT SERVICES FROM IPC TECHNOLOGIES IN THE AMOUNT OF $10,531.05 AND AUTHORIZE THE CITY MANAGER TO SIGN THE SUPPORT AGREEMENT AND PIGGY -BACK CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during the February 3, 2015 City Commission meeting, the purchase of a new Mitel phone system was approved through Forerunner Technologies, Inc. RFP No. 068-1510-14/JMA, which included 5 -years of maintenance and support with the option of an additional 3 -years of maintenance and support; and WHEREAS, this proposed software and hardware support agreement is direct with IPC Technologies which leverages the company's local support presence (regional office in Boca Rator; two qualified technicians on-site), reducing response time related to phone system issues, and improve the City's overall phone services; and WHEREAS, upon recommendation of staff, it is the City's desire to piggy -back a City of Newport News, Virginia Contract number 19-3441-00 for the purchase of Mitel software and hardware support services from IPC Technologies in the amount of $10,531.05. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the Piggy -Back of City of Newport News, Virginia Contract S:ACA\RBSO\Agreements\Piggy-Back (Newport News) - IPC Technologies - Mitel - Reso.docx Page 158 of 456 31 number 19-3441-00 for the purchase of Mitel software and hardware support services from 32 IPC Technologies in the amount of $10,531.05. 33 Section 3. The City Manager is authorized to sign the support agreement and piggy - 34 back contract, copies of which are attached hereto and incorporated herein as Exhibits "A" 35 and "B" respectively. 36 Section 4. That this Resolution shall become effective immediately. 37 PASSED AND ADOPTED this day of January, 2021. 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES NO 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 Crystal Gibson, MMC 56 City Clerk 57 58 59 (Corporate Seal) Mayor — Steven B. Grant Vice -Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE S:ACA\RBSO\Agreements\Piggy-Back (Newport News) - IPC Technologies - Mitel - Reso.docx Page 159 of 456 CONTRACT 009'-1510-21 BETWEEN CITY OF BOYNTONBEACH AND ' C TECHNOLOGIES, INC. FOR This Contract is made as of this 5tb day of January, 2021 by and between IPC 'HNOLOGIES, INC. with a principal address 7200.Glen Forest Dr. Suite 100, Richmond, inia 23226 and THE CITY OF BOYNI'ON BEACH, a Florida municipal corporation, with a i g address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RE, CITAL,S AS, in order to maintain Mitel Phone System Maintenance for the City, the 's Finance Department is requesting the City enter into a Contract with IPC 'HNOLOGIES, INC. to perform Mitel Phone System Maintenance; and EDEAS, IPC TECHNOLOGIES, INC. has agreed to al low the City to piggy -back the C:ty of Newport News, Virginia Contract pursuant to Contract No. 19-3441-00 to provide Mitel P1 tone System Maintenance in the amount of $10,531.05 annually based on Contract No 19-3441- 3608 for a one (1) year term commencing October 02, 2019, with an option to renew at the City's s e discretion, for four (4) additional one year periods through October 01, 2025; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for valuable consideration received, the receipt and sufficiency of which are hereby wledged, the parties agree as follows: Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Section 2. The City and IPC TECHNOLOGIES, INC. agree that IPC TECHNOLOGIES, INC. shall provide MIT EL PHONE SYSTEM MAINTENANCE in the amount of $10,531.05 an wally based Exhibit "A" City of Newport News, Virginia Contract. No. 19-3441-00 for a term co mencing January 5"' through. October 01, 2021, a copy of which is attached hereto as Exhibit " and Exhibit "B" IPC Partner Plan -City Contract: 19-3441-3608, except as hereinafter A. All references to the City of Newport News, Virginia. Contract No 19-3441-00 shall be deemed as references to the City of Boynton Beach. B. In the event that the City of Newport News, Virginia Contract No 19-3441-00 is amended, or terminated, IPC TECHNOLOGIES, INC.. shall notify the City within ten (10) days. In the event the City of Newport News, Virginia. Contract No 19 - Page 1 �K AGREEMENT 009-1510-2URW Page 160 of 456 3441 -00 is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. C. IPC TECHNOLOGIES, INC., agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to, the City. D. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured, E. In all other aspects, the terms and conditions of the City of Newport News, Virginia Contract No 19-3441-00 Contract No./RFP No. are hereby ratified and shall remain in full force and effect Linder this Contract, as provided by their terms. F. All Notices to the City shall be sent to, City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561), 742-6090 Copy James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 Notices to Vendor shall be sent to the following address: Lisa Munford IPC TECHNOLOGIES, INC. 7200 Glen Forest Drive, Suite 100 Richmiond, Virginia 23226 Email: Imunford@ipctech.com Phone: 813-210-8259 . .... . . ... G. The following terms and conditions are hereby incorporated into the Contract, Page 2 CK AGREEMENT 009-1510-21/RW Page 161 of 456 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 publ'ic records required by the CITY to •- .'r • e atpublic 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 A. 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. i A, 7"EACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US By execution of this Contract, Contractor certifies that Contractor is not participating in j,cott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companii t Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not Scrutinized Companies with Activities in theIran Petroleum Energy Sector List, or h ntractor been engaged in business operations in Syria. Subject to limited exceptions provid] Page 3 YBACKAGREEMENT 009-1510-21/RW Page 162 of 456 state law, the City will not contract for the provision of goods or services with any scrutinized ,mpany referred to above. Submitting a false certification shall be deemed a material breach of ntract. The City shall provide notice, in writing, to Contractor of the City's determination ncerning the false certification. Contractor shall have five (5) days from receipt of notice to lute the false certification allegation. If such false certification is discovered during the active ntract term, Contractor shall have ninety (90) days following receipt of the notice to respond in iting and demonstrate that the determination of false certification was made in error, If )ntractor does not demonstrate that the City's determination of false certification was made in -or then the City shall have the right to terminate the contract and seek civil remedies pursuant Section 287.135, Florida Statutes, as amended from time to time. PUTES. Any disputes that arise between the parties with respect to the performance of this !tract, which cannot be resolved through negotiations, shall be submitted to a court of �petent jurisdiction in Palm Beach County, Florida, This Contract shall be construed under ida Law, 'ECUT'ION OF THE CONTRACT. This Contract will take effect once signed by both parties, is Contract may be signed by the parties in counterparts which together shall constitute one e the same Contract among the parties. A facsimile/digital signature shall constitute an original nature for all purposes. TED this (�5'_ day of Z) nL-e,,ktL2-,D LaVerriere, City Manager Authenticated: =111119M A. Cherof, City Attorney IPCTECUNOLOGIES, fNC. ignar(L re of Authorized Official aI", ILC Printed Name of Authorized Official Title Witness Page 4 AGREEMENT 00,x-1510-21/RW Page 163 of 456 �10 CONTRACT NO. 19-3441-00 BETWEEN CITY OF NEWPORT NEWS, VIRGINIA AND IRC TECHNOLOGIES, INC. Page 5 YBACK AGREEMENT'009-1510-21/RW Page 164 of 456 l Page 6 AGREEMENT 009-1510-21/RW Page 165 of 456 IPC - Mitel Warranty Support Services Agreement - Attachment to Contract #: 19-3441-3608 THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH IPC TECHNOLOGIES, INC (-IPC") AGREES TO PROVIDE ANNUAL HARDWARE SUPPORT AND SOFTWARE LICENSE SUPPORT SERVICES FOR THE MITEL IP VOICE COMMUNICATION SYSTEM. BY SIGNING BELOW AND ACCEPTING THE SERVICES AND SUPPORT DESCRIBED ON ITS INVOICE, CUSTOM AGREES TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS. THIS AGREEMENT IS BETWEEN THE CUSTOMER AND IPC TECHNOLOGIES. 1. Definitions 1.1. After -Hours. All hours that are not included in On -Hours. 1.2. Business Day. Monday through Friday inclusive, excluding Holidays. 1.3. Holidays. - IPC observes the following calendar days in the United States as holidays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 1.4. On -Hours. Between 7:00 am and 6:00 pm, Eastern Standard Time on every Business Day 1.5. System. The Mitel MiVoice Connect, MiVoice Business and MiVoice Office Voice Communication System. See Exhibit C for City of Boynton Beach equipment located at 100 E Ocean Ave, Boynton Beach, FL 33435. 1.6. Time of Coveraae. Unless otherwise agreed in writing and signed by IPC and Customer, the period of support hours is stated in the Exhibit A - IPC Mitel Service Program Data Sheet. 1.7. International. Any Mitel product installed in a country other than the United States of America is defined as an international deployment. Unless otherwise agreed to in writing and signed by IPC and Customer, Mitel support is only available for Mitel products in countries where Mitel products are certified for use by Mitel. Customer acknowledges that IPC or Mitel may not nor is obligated under this Agreement to have a local service or sales presence in any particular foreign country. This extends to but is not limited to service centers, replacement part stocking locations and training centers. 2. Installation 2.1. Network Readiness. IPC and Mitel recommend a network assessment prior to installing the System. Support assistance, which in IPC's judgment could have been avoided by an assessment, will be billed at IPC's standard hourly rates listed in Exhibit A. 2.2. Installation and Configuration. An installation plan is essential for a successful installation of the Mitel System. To ensure a successful installation, assessment and planning support, installation services are built in and purchased by the Customer as part of the overall contract for the Mitel IP Communications System. In the event Customer elects to perform all or part of the system installation without on-site installation assistance or remote installation assistance from IPC, and supplemental assistance is required from the IPC CSC, Customer may be charged an hourly rate set forth on IPC's then current price list for installation services. In the event that installation assistance requested by the Customer is ultimately determined by IPC to be directly attributable to third party issues (e.g., Telco, network configuration, cabling, DHCP configuration), IPC will charge the Customer at an hourly rate, set forth on IPC's then current price list for professional services listed in Exhibit A. 3. Support 3.1. Authorized Contacts. IPC Technologies Support provides authorization for specific Customer employees to engage IPC's CSC. The Authorized Contacts may contact the CSC by telephone or by sending email. The number and names of specific Authorized Contacts Customer may designate and Customer's entitlement to CSC services are identified in Exhibit A - IPC Mitel Service Program Data Sheet. Direct end-user support, provided by IPC's CSC, is available with purchase of Managed IPC IPC Mitel Support Services Agreement Page 166 of 456 support (see Exhibit 8). Moves adds and changes are offered with purchase of Managed IPC Support (see exhibit 8). Otherwise, moves, adds and changes are offered at IPC's then current T&M rates listed in Exhibit A. 3.2 Third Party Issues. In the event that System or product issues assigned to IPC are ultimately determined to be third party issues the Customer may be charged an appropriate hourly rate from IPC's then current price list for IPC's efforts. IPC will make every effort to ensure that Customer shall receive a disclosure of all proposed charges and shall approve such charges in advance. Customer acknowledges that root cause determination may only be identified as third party related after a period of investigation and Customer will be responsible for time spent for all non -System related investigation. This includes changes to the system made by Customer. If Managed Support is purchased, all charges will be covered under the managed services agreement (see Exhibit 8). 3.3. Telephone Support and E -Mail Support. Telephone Support and E -Mail Support is available during On -Hours. Any provisions for After -Hour or Holiday support are outlined in Exhibit A — IPC Technologies Service Program Data Sheet. For International Deployments, unless otherwise agreed to in writing and signed by IPC and Customer, service identified in Exhibit A - IPC Technologies Service Program Data Sheet, are available during IPC On -Hours. 3.4. Hardware Support. Hardware support includes the support described above plus overnight replacement of failed Mitel units. Requests for overnight replacements must be received by no later than 2:00 pm Eastern Standard Time. Entitlement to hardware replacements and replacement hardware delivery commitments are outlined in Exhibit A - IPC Technologies Service Program Data Sheet. For International Deployments, unless otherwise agreed to in writing and signed by IPC and Customer, Hardware Maintenance Advanced Exchange Service identified in Exhibit A - IPC Technologies Service Program Data Sheet, shall be delivery via reasonable efforts utilizing the most expedient shipping method available at the time the part replacement is requested by Customer. 3.5. Response Standards. Response standards define the level of support that can be expected by IPC Technologies Customer. IPC's commitments surrounding these standards are defined in Exhibit A - IPC Technologies Service Program Data Sheet. 3.6. Premium Technologies Support. Premium Technologies Support may be purchased in addition to the Standard IPC Technologies Support described in this Agreement for the price set for the on IPC's then current price list. Premium support adds the remote labor warranty component of a service agreement. If Customer has purchased Premium Support, the terms thereof are set forth as Exhibit B to this agreement and by this reference such Service is incorporated herein and made part thereof; nothing herein shall relieve Customer of its obligation to pay for such Service. 3.7 Managed Technologies Support. Managed Technologies Support may be purchased in addition to the Standard IPC Technologies Support described in this Agreement for the price set for the on IPC's then current price list. Managed Technologies Support includes full remote management and end- user helpdesk services for an outsourced managed solution. If Customer has purchased Managed Support, the terms thereof are set forth as Exhibit B to this agreement and by this reference such Service is incorporated herein and made part thereof; nothing herein shall relieve Customer of its obligation to pay for such Service. 3.8. On -Site Services. On-site support services are beyond the scope of this IPC Technologies Support Agreement and are available and may be purchased for the price set forth on IPC's then current price list as shown in Exhibit A. 4. Software 4.1. Software Updates and New Releases. IPC Technologies Customers will receive new software releases and applicable software maintenance updates during the term of the agreement as defined in Exhibit A - IPC Technologies Service Program Data Sheet. Unless IPC's Managed Technologies Support has been purchased in advance, installation of such software releases is a billable event. Software support does not entitle the Customer to new software that is designed to add additional applications or to provide functions that were not included in the software originally licensed. Such new software may be licensed separately from IPC. S. Customer Responsibilities 5.1. Help Desk. Customer shall establish their Help Desk as the support interface with IPC. Unless IPC's IPC Mitel Support Services Agreement Page 167 of 456 Managed Technologies support option has been purchased (see Exhibit 8), employees who bypass the Help Desk will be referred to the Customer's Help Desk by IPC CSC staff. 5.2. Authorized Contacts. Customer shall designate specific IPC Authorized Contacts within their Help Desk. Prior to contacting the IPC CSC for system assistance, each authorized contact will receive initial Mitel product training and updated training. Customer shall maintain the responsibility of notifying IPC Contract Administration via fax, mail, or email in the event changes to the Customer's previously designated Authorized Contacts are required. With purchase of Managed Technologies Support, any end user many contact IPC's CSC for assistance (see Exhibit 8). 5.3. On Site Contacts. In situations in which the Customer has multiple locations Customer shall provide at least one individual per location to work with IPC personnel to resolve cases if initial efforts to resolve the incident with the Customer's Help Desk are unsuccessful. These contacts can be system administrators and/or trainers that have received training. 5.4. Access. IPC reserves the right to remotely access Customer's system to a) review the final installation for quality assurance purposes, b) provide remote installation support, and/or c) for system auditing and license compliance reviews. Customer may elect to provide this access to the Mitel IP Voice Communication System server as well as any remote -control software on the server as specified by IPC; provided, however, if Customer does not elect to provide remote access, IPC shall charge Customer fees for on-site access in accordance with IPC's then current price list. 5.5. Maintenance of Systems. Customer shall maintain the Switch room cable plant, Mitel server, including software updates, client PC's LAN/WAN equipment, telephone sets, and all other third -party products or applications unless aforementioned maintenance is separately purchased from IPC. 6. Term and Termination 6.1. Term. The initial term of this agreement will commence on the date product is first accepted by Customer and will have a term of 1 year unless a multi-year contract is purchased. 6.2. Renewal. At the end of the initial term, this Agreement will renew for a term specified by the customer at the time of renewal. Renewal price is based on product list price at the time of purchase and at IPC's then list price for the current IPC Technologies Support plan. 6.3. Termination. Either party may terminate this Agreement upon 30 days' prior written notice to the other 30 days before the expiration of any 1 -year term. 7. Pricing and Payment Terms 7.1. Price. Unless otherwise agreed by IPC and Customer in writing, pricing for the IPC Technologies Support plan is based on pricing set forth on IPC's then current price list. 7.2. Add -On Purchases. Support for all add-on purchases will be billed at the time of shipment, pro -rated for the remaining term, and at the same rate of the IPC Technologies Support agreement in effect at the time of purchase. All applicable taxes, if any, will be billed at the time Support Charges are invoiced. 7.3. Payments. Terms are specified in initial contract and paid in advance for any additional support contract periods. Accounts thirty (30) days past due will be subject to a monthly charge at a rate equal to the lesser of one and on -half percent (1.5%) per month or the maximum legal rate permitted under the applicable law. Payment for the entire term of the agreement is due prior to the beginning of the term for which services are to be performed for all renewals. 8. Limited Warranty. IPC shall use its reasonable, best efforts to provide the support services defined in this Agreement and warrants that such services shall be performed in a professional manner. IPC will make available a list of supported hardware platforms, operating systems, database versions, and other third -party software products for both the Mitel server software and Mitel client software and this warranty covers only the configurations set forth in this list. This warranty is contingent upon Customer's adherence to these supported configurations and following the proper installation and support practices and procedures in which the System was intended. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, IPC MAKES NO WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLED, STATUTORY, OR OTHERWISE, AND IPC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT. 9. Unauthorized Equipment. It is IPC's policy to not extend IPC Technologies Support or provide software IPC Mitel Support Services Agreement Page 168 of 456 for any Mitel equipment purchased from an unauthorized third party. 10. Limitation of Liability. IN NO EVENT SHALL IPC BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICE, UNAUTHORIZED CALLS THAT MAY BE MADE USING THE SYSTEM AND CHARGED TO THE CUSTOMER, ANY TELEPHONE TOLL FRAUD, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE SUPPORT CHARGES WERE DETERMINED BASED UPON THE FOREGOING LIMITATION OF LIABILITY. 11. Miscellaneous 11.1.Governing Law. The laws of the United States and the State of Florida, County of Palm Beach, without reference to conflict of law principles, govern this Agreement. Any dispute between the Customer and IPC regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the State of Florida and the County of Palm Beach. 11.2. Entire Agreement; Severability. This Agreement is the entire agreement between Customer and IPC with respect to support services provided by IPC and supersedes any other verbal or written communications or advertising. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. 11.3. Force Maieure. IPC is not liable for any failure or delay in performance due to any cause beyond its control. In any event, if IPC's ability to deliver services is impaired by Customer or circumstances beyond IPC's control, IPC may terminate this Agreement, in which event; Customer will receive a refund for any unused portion of the Service term for which it had paid. Print Customer Name: By: Name: Title: Date: IPC Technologies, Inc. By: Date: IPC Mitel Support Services Agreement Page 169 of 456 IPC Technologies Service Agreement EXHIBIT A: Program Data Sheet IN Customer Success Center "Hoursf Operation 7:00 am - 6:00 pm EST After Hours Support Yes Case Management Yes Authorized Contacts Yes - See Form Email requests issuereport@ipctech.com Phone requests (804) 285-9300 Web Requests http://www.ipctech.com/support Response Times See Escalation and Response Time descriptions below Hourly Rates for Service $135/hr Software Subscription Services Software Updates Yes Published Patches and Fixes Yes Hardware Maintenance Services Extended Warranty Available, optional Advanced Exchange (Next Business Day Delivery) Available, optional Normal Workday Support: IPC resources will be available to perform remote network & phone support services and other related IS work as required five days per week between the hours of 7:00am and 6:00pm, excluding holidays. Onsite Support: IPC resources will be available to perform network support services and other related network and phone support as required five days per week between the hours of Sam and 6pm, excluding holidays. After normal work hours: Except for general maintenance upkeep, no after hours, weekend, or holiday support is provided in the base services offering. Should the client desire such services, IPC can provide support according to agreed upon rates. Support can be provided between the hours of 6pm to 7:00am Monday - Friday and 24 hours on weekends and Holidays. IPC observed holidays are New Year's Day, Memorial Day, July 4t", Labor Day, Thanksgiving Day and Christmas Day. Emergency Services: IPC is available for emergency services 24x7. Additional charges may apply. IPC Mitel Support Services Agreement Page 170 of 456 I. Escalation CSC Technical personnel: General support requests are typically handled immediately. CSC personnel will escalate to a level 2 engineer upon a thorough review and triage of the reported issues, and completed the steps defined the CSC General Troubleshooting guide. Level 2 Personnel Level 2 engineers will escalate to Level 3 engineer within 2 hours of an unresolved P1 occurrence. For critical malfunctions affecting large numbers of users, IPC will schedule an on-site technician once the determination is made that an on-site visit is necessary to resolve the issue. Level 3 Personnel Level 3 engineers will escalate to the Mitel TAC manager within 4 hours of an irresolvable P1 occurrence. After -Hours, Weekends, and Holidays With advance notice, after-hours escalation will be provided on a best effort basis using same escalation path indicated above. Emergency after-hours support will be provided on a best effort basis. Available personnel will be notified via e-mail and phone call and will attempt to remediate the issue with in 30 minutes by phone or be on-site within 4 hours of the initial, after-hours trouble notification. II. Response time Standard Business hours Response time to respond to network/phone failures upon notification to Customer Success Center o Urgent- immediately o Normal- At time of receipt of notification. Live answer to telephonic requests provided at greater than 90% o Action includes any of the following: remote remediation of device, notification to appropriate client personnel, dispatch of engineer to the client or branch location, notification of failure to third party vendor or other mutually agreed upon entity whose actions are likely to result in system repair After Business hours Emergency after-hours support will be provided on a best effort basis. Available personnel will be notified via phone call and e-mail and will attempt to remotely remediate the issue with in 30 minutes. On-site emergency support will be handled on a case-by-case basis. Without prior, advance notification, no guarantee is made to after-hours support personnel. IPC Mitel Support Services Agreement 6 Page 171 of 456 Authorized Contacts The following contacts are service/support contacts and are your internal support team. They will have access to the IPC Customer Success Center for Mitel related requests. Company Address Address City, State Zi Phone Fax Name . Title Phone number Fax number Email address Name Title Phone number Fax number Email address IIIIIIIIIINOM Name Title Phone number Fax number Email address ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Name Title Phone number Fax number Email address Name Title Phone number Fax number Email address Name i/ Title Phone number Fax number Email address IPC Mitel Support Services Agreement 7 Page 172 of 456 IPC Technologies Service Agreement EXHIBIT B: Mitel Standard, and Managed Support Service, Standard Managed Authorized User Help Desk Yes Yes Mitel Hardware troubleshooting Yes Yes Software Upgrade packages Yes Yes Hardware exchange of failed switches/phones Yes Yes Remote Labor Warranty included for break / fix Yes Yes Third Party liaison (telco carrier, etc), post install No Yes Network troubleshooting for voice components No Yes System monitoring, management and alerting No Yes Monthly reporting of service requests No Yes Monthly reporting of monitored services No Yes System backups No Yes Elective moves, adds, changes (MACs) * No Yes *Users, groups, class of service, voice mail, trunk access, schedules, work groups, auto - attendant modifications on demand by authorized users only. Project and Contact Center related changes are not included. *Direct End -User help Desk is available at an additional charge. IPC Technologies Service Agreement EXHIBIT C: Mitel Equipment/Software Covered in Standard or Managed Support (3) MiVoice Business Software (MiVB) (3) Mitel Border Gateway (MBG) (1) MiCollab (1) MiContact Center (MiCC) IPC Mitel Support Services Agreement 8 Page 173 of 456 IPC Technologies Standard Service Agreement EXHIBIT D: Standard Agreement: $ 10,531.05* annually, plus applicable tax. Terms stated below. *Pricing is based on Contract 19-3441-3608 Terms: Note: Software Assurance (SWA) is NOT included. Once Partner Change is activated for $500 one time fee (not included above), IPC Tech will advise City of Boynton Beach if SWA is current. If not, see Quote #: 109587 for estimated renewal of SWA. Print Customer Name: By: Name: Title: Dates: IPC Technologies, Inc. By: _ Date: Addendum — Chapter 119 The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to 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; IPC Mitel Support Services Agreement 9 Page 174 of 456 C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. GIBSONC@BBFL.US Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the IPC Mitel Support Services Agreement 10 Page 175 of 456 determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. EFFECTIVE DATE: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. IPC Mitel Support Services Agreement 11 Page 176 of 456 700 Glen Forest IDiri-je, Smite 100 Riochmond, VA 232N V7 47,2835 IPC Partner Plan — City Contract: 19-3441-3608 Account: City of Boynton Beach 100 E Ocean Ave. Boynton Beach, FL 33435 Aareement Entitlements (Exhibit B on Mitel Warranty Support): Agreement: Partner Support Warranty (1 Yr.) Customer Success Center (CSC): YES Hardware Maintenance: YES Remote Labor Warranty for break/fix: YES Software Update Product: YES Partner: IPC Technologies, Inc. 7200 Glen Forest Dr. Suite 100 Richmond, VA 23226 Main Phone: (804) 285-9300 Main Fax: 804 285-1099 Mitel Product Profile: One Year Partner Warranty Term (No handsets) for $10,531.05, based on pricing from Contract 19-3441-3608, upon receipt of Purchase Order. *Payments for annual support renewals must be received by IPC at least five working days prior to the active agreement expiration date to allow time for processing. "Quotations for araraualulaport are subject to a Mitel imposed 40% re-enli tment fee it paji ent are not deceived b1i the end rut the contract date stated rare the quote orinvroir:v, Note: The contract referenced includes equipment purchasing which is not necessary as City of Boynton Beach purchases via Sourcewell. Additionally, the labor rate referenced is applicable. Mitel Partner Warranty (No Handsets) Covers: Mitel Service Feature Partner Program Provides Hours of service (Help Desk): Monday -Friday (7:00am until 6:00pm, EST) Immediate Response After hours emergency service (best effort): After Hours — 1 Hour Telephone Response TechFirst CSC Direct Phone Number: 1-888-472-9497 Email Requests: Issue eportQipctech.com Website Requests: http://www.ipctech.com/support Page 177 of 456 700 Glen Forest IDiri-je, 5 tte 100 Riochmond, VA 232N V7 47,2835, IPC Partner Plan — City Contract: 19-3441-3608 Account: City of Boynton Beach 100 E Ocean Ave. Boynton Beach, FL 33435 Mitel Extended Hardware Warranty (No Handsets) Case Management: Knowledgebase: Published Patches and Fixes: Software Update: 1 free Software upgrade On-site hardware/software support: Elective moves, adds, changes: General Network Troubleshooting and Support Carrier Related Support: Partner: IPC Technologies, Inc. 7200 Glen Forest Dr. Suite 100 Richmond, VA 23226 Main Phone: (804) 285-9300 Main Fax: 804 285-1099 YES YES YES YES YES Available, not included Available, not included Available, not included Available, not included *Billable services are billed as Time & Materials at a rate of $135 /hr. The TechFirst Customer Success Center (CSC) is a state-of-the-art Help Desk service provided by IPC Technologies, Inc., designed to furnish the employees of City of Boynton Beach with timely and efficient resolution to Mitel phone issues. The CSC is staffed by experienced technicians who are experts at solving a wide variety of computer and telephone problems for everyday users. The CSC is available to help you resolve your phone and computer problems Monday through Friday from 7:00 AM until 6:00 PM (EST). City of Boynton Beach employees needing assistance for phone -related problems or services should call the CSC toll-free at the following number: (888) 472-9497 When you call, the Help Desk representative will enter your information into a ticketing system and will then work with you to provide the appropriate solution. The ticketing system will automatically generate e-mails to keep you informed of the ticket's status. If an on-site visit is required, a local technical engineer will be scheduled and dispatched to resolve the problem. Alternatively, you may e-mail your contact information and a description of the problem to lssueReoort&lPCTech.com When initiating a support call, please be prepared to provide the following information: • Your company name • Your name • Your location • Your phone number • Nature of the problem (including complete error message, if applicable). Who We Are K Page 178 of 456 7200 Glen Forest IDiri-je, Smite 100 Riochmond, VA 232N 0 "7,9472 35 IPC Partner Plan — City Contract: 19-3441-3608 Account: City of Boynton Beach 100 E Ocean Ave. Boynton Beach, FL 33435 Partner: IPC Technologies, Inc. 7200 Glen Forest Dr. Suite 100 Richmond, VA 23226 Main Phone: (804) 285-9300 Main Fax: 804 285-1099 IPC Technologies, Inc. brings to a variety of industries IT solutions that keep organizations productive. Headquartered in Richmond, Virginia, IPC is one among a short list of this country's premier IT solutions providers, delivering to our national clients award-winning Consulting Services, Managed Services, and Training. Delivering solutions that make good economic sense to businesses and organizations, IPC supports an ever-changing array of "Best of Breed" Technology Products. Our clients, ranging from Fortune 500 firms to start-up enterprises, have experienced attractive returns on investment from technologies implemented and supported by IPC since 1981. For more information, please contact us at: IPC Technologies, Inc. 7200 Glen Forest Drive Richmond, VA 23226 (804) 285-9300 http://www.il2ctech.com Addendum — Chapter 119. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to 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. 3 Page 179 of 456 700 Glen Forest IDiri-je, Smite 100 Riochmond, VA 232N 0 "7„' 47,2835, IPC Partner Plan — City Contract: 19-3441-3608 Account: City of Boynton Beach 100 E Ocean Ave. Boynton Beach, FL 33435 Partner: IPC Technologies, Inc. 7200 Glen Forest Dr. Suite 100 Richmond, VA 23226 Main Phone: (804) 285-9300 Main Fax: 804 285-1099 E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. GIBSONC@BBFL.US Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. C! Page 180 of 456 700 Glen Forest IDiri-je, Smite 100 Riochmond, VA 232N 0 "7„' 47,2835, IPC Partner Plan — City Contract: 19-3441-3608 Account: City of Boynton Beach 100 E Ocean Ave. Boynton Beach, FL 33435 Partner: IPC Technologies, Inc. 7200 Glen Forest Dr. Suite 100 Richmond, VA 23226 Main Phone: (804) 285-9300 Main Fax: 804 285-1099 EFFECTIVE DATE: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. 5 Page 181 of 456 CONTRACT FOR MITEL V01IP TELEPHONES AND YNFRASTRUCTURE Contract No. 19-3441-00 THIS CONTRACT`is made effective this Z.3 day of 20191y and Between the City of Newport News, Virginia, -acting by and through the City anger, hereinafter referred to as .the "City," and. IPC Technologies: Inc. or his, its, or their successors, executors, administrators and assigns, hereinafter referred to.as the "Contractor." WHEREAS, in response to the .City's Request for Proposals (RFP) No, 1.9-3441-3608, entitled Mitel V'o1P Telephones and Infrastructure., the Contractor has submitted: a.. timely proposal to provide - services as described in its sealed proposal, and the City desires. to contract with the Contractor to provide the services. WHEREAS..;, in .consideration of the: payments to be made by the City of Newport News, and other good and valuable consideration; the parties covenant and agree as follows: 1. The Contractor shall provide the services in accordance with. the _provisions of thi''s Cor tract. and attached, Exhibits, .the City's RFP, any addenda attached thereto, the Contractor's. proposal, 'and the Purchase Orders issued in association with this Contracts all of which are incorporated by reference, 2. Scope of Work. The; Contractor shall provide the services. identified in its proposal and in the RFP. 3. Term. Services shall commence on October 2, 2019 and shall be continue for.one.year, withan option'to renew at the City's sole discretion, for four additional one-year periods.. 4. Payment> The City shall pay the Contractor for services rendered as identified in Ekhibit A. 5. Price Adiustment: The method for determining price escalation and de-escalation during the tertri of the contract, including all renewal periods, is specified in the RFP. 6, `Required Notifications.. Contractor shall immediately notify the City in case .of emergency, injuryto persons, or damage to equipment or property. 7i Independent Contractor. Contractor is an independent contractor, and its employees shall not be classified as City employees and shall not claim nor receive any City employee benefits, (succi as worker's compensation, accident or health insurance; .etc.). 8. Non-exclusive. This Contract is non-exclusive, City may contract with other entities for the same or similarservices without liability or obligation to Contractor. 9: Insurance. The Contractor shall maintain the required, insurance coverages for the entire duration of the contract, including all renewal periods, and shall provide notice of non- renewal or cancellation. in accordance with the requirements included in the RFP.. 10. Amendments/Modifications. The parties may ;amend this Contact at any time, in writing, by mutual 'agreement. The City Manager or her designee may .execute such amendments on behalf'of the City. 11 Suspension or Termination: The City may terminate this Contract for convenience or cause as 'specif ed in the RFP. Page 182 of 456 12. Notices. Notices required by this Contract shall be in writing and delivered via mail ,(postage ,prepaid),, commercial courier,, or °personal delivery or" sent by 'facsimile or other electronic means.. Any notice delivered or sent as aforesaid shall. be effective on :the date of delivery or sending. All notices and other written communications -under this Contract shall,be addressed to the individuals below unless otherwise modified by subsequent written ,notice.. Contractor: Steven. Banks, President IPC Technologies Inc. 7.200 Glen Forest Drive Richmond, Virginia 23226 Email: sbanksLipctech.com. Phone Number: (804}622-7229 Com: JakeVan. Dyke, Procurement Analyst City of Newport News; Virginia'Offce of Purchasing 2400 Washington Avenue,.0t Floor Newport News, Virginia 23.607 Email: jvandvkegnmla.gov Fax Number: (75.7)926-8,038 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the: day and year first written above. CONTRACTOR IPC. TECITNOLOGIES INC. BY: 454A.� Print.or Type Name TITLE:. P --e Sr, - CITY OF NEWPORT NEMS, VIRGINIA BY: Cyrl is D. Rohlf, City Ma ager Page 183 of 456 EXHIBIT A PAYMENT Percentage Discount from Mitel List Price IPC agrees to extend a 43%, discount off list price on all Mitel liarclwai-e,,,-iil(,I,softwai-e. Sample pricing is below. IP480 Handset, and Essential license: QTY Description MSRP 43%, discouint 1 IP480 Han'idset $299.00 $170.43 1 Esseu'ifiaV Ucer-ise $199.,00 $113.43 1P4 Handset: Essential License Overview: The Mitel Essential license bundle, is truly a bUndlp of licenses. It includes an Extension + VM box,, Connect Desktop client, Mobile client (for tisp with a Mobility Router), Connect Telephony fc)r Microsoft (API connectivity for Sky for Business or Office 365Connect for Google Chrome, and a Web and App dialer, Web dialer allows a user to click on a phone number embedded in a wpbpige,. App dialer allows a usprto click on a phone IlUmber embedded in a software application that SUPPOrtS Ph011e number recognition (MS Office, Office 365 for example). Page 184 of 456 Hourly Service Rates IPC agrees to, extend the fiD1lOWiIIg lIOLIrly rates during the, duration of the contract period: QTY Seirvices Description Hourly Rate 1 installllatlioin Ser-viic!es $135.00 1 Configuration Services $135.00 1 Suppor-t Services $135.00 1 Traiinh'ig Cost* $125.00 Annual Maintenance Cost N/A AnIlLial Maintenance cost can be calculated by multiplying the MSRP of the covered product by 11.5%. For example- (1) ST100A Voice Switch has an annual maintenance cost of 368.010. ((SRP of $3,,200.00 X .115)) Note -The City has an active support agreenient with IPC/MiteI through 3/28/2020, and the cost has already been paid. P'lease see technical response, tab it for an overview of the included suppc)rt services. Page 185 of 456 Vendor CITY OF NEWPORT NEWS, VIRGINIA OFFICE OF PURCHASING 2400 Washington Avenue Newport News, VA 23607 www.nnva.gov/purchasing (757) 926-8721 IPC TECHNOLOGIES, INC SUITE 100 7200 GLEN FOREST DR RICHMOND, VA 23226 Vendor Number 4481 CONTRACT SUMMARY/ CONTRACT RENEWAL Page 1 of 1 CONTRACT DESCRIPTION VIITEL VOIP TELEPHONES AND INFRASTRUCTURE CONTRACT DETAILS Contract # 1-3441-00 Department INFORMATION TECHNOLOGY Contract Officer Jacob T. Van Dyke 757-926-8040 jvandyke@nnva.gov Sta rt: 10/02/2019 Current Term End: 10/01/2021 Final Option End: 10/01/2024 CONTRACT RENEWAL SEPTEMBER 18, 2020 THE ABOVE REFERENCED CONTRACT HAS BEEN RENEWED FOR AN ADDITIONAL PERIOD ONE YEAR OPTION PERIOD THROUGH OCTOBER 1, 2021, UNDER THE SAME TERMS AND CONDITIONS AS INDICATED IN THE INITIAL CONTRACT. SHOULD YOUR COMPANY NOT AGREE WITH THIS RENEWAL, PLEASE CONTACT THE CONTRACT OFFICER WITHIN 7 DAYS OF RECEIPT. THE PRIMARY USER OF THE CONTRACT IS THE DEPARTMENT OF INFORMATION TECHNOLOGY; HOWEVER SERVICES MAY BE UTILIZED BY OTHERS DEPARTMENT WHEN APPROPRIATE. A BLANKET PURCHASE ORDER OR INDIVIDUAL PURCHASE ORDERS WILL BE ISSUED WHEN GOODS ARE SERVICES ARE REQUIRED BY THE CITY. CONTRACT OFFICER: JAKE VAN DYKE, 757-926-8040, VANDYKEJTRNNVA.GOV Page 186 of 456 5. F. CONSENTAGENDA 1/5/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for January 05, 2021 - "Request for Extensions and/or Piggybacks." Explanation of Request: EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Page 187 of 456 DESCRIPTION OF SOLICITATION RENEWAL AMOUNT VENDOR(S) SOLICITATION NUMBER TERM PACE Lab analysis of CITY OF WEST FEBRUARY 08, S34,000 Annual ANALYTICAL Potable & Non- PALM BEACH ITB 2021 Thru Estimate SERVICES, LLC Potable Water 16-17-144 FEBRUARY 07, 2022 Vazza Cleaning Janitorial Services for 001 -2821-17/J MA February 1, $24,050 Annually Corporation Utilities Department 2021 thru January 31, 2022 Zalman Law, P.A. Special Magistrate 005-2120-18/IT January 19, $9,500 Annually Services for 2021 thru Community Standards January 20, 2022 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Page 187 of 456 Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D AddE)indUlirn D AddE)indUlirn D AddE)indUlirn D AddE)indUlirn Description REQUES T F:::OIBID EXTENSIONS 1 05 21 IRW Sigll'lEd Zairnain Cointract 2021 1:RVV SiglllEd VAZZA Cointract thir'LA 1 31 22 IRW f sir: sura 11 I E)ttENr Sigll'lEd IbyPaCE) fOr City of BoyintoinBE�,ach 12 f5...20 Page 188 of 456 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS January 05, 2021 REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: JOSEPH PATERNITI JR. TERM: February 8, 2021 thru February 7, 2022 SOURCE FOR PURCHASE: CITY OF WEST PALM BEACH ITB 16-17-144 ACCOUNT NUMBER: Utilities 401-2819-536-49.40 and Public Works account 431-2515-534-49.17 VENDOR(S): PACE ANALYTICAL SERVICES, LLC ANNUAL ESTIMATED EXPENDITURE: $34,000 DESCRIPTION: The current janitorial services contract was for a term that ends on February 8, 2021 and has the option for two (2), one (1) year renewals. RESOLUTION NO. R19-004 authorized the City Manager to sign an Agreement to the Contract with PACE ANALYTICAL SERVICES, LLC for Lab analysis of Potable & Non -Potable Water for the Utilities Department for the period of January 15, 2019 thru February 08, 2021, for an estimated annual expense of $34,000. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for the for the third -year renewal of February 08, 2021 to February 08, 2022. REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: JOSEPH PATERNITI JR. TERM: February 1, 2021 thru January 31, 2022 SOURCE FOR PURCHASE: City Bid No. 001-2821-17/JMA ACCOUNT NUMBER: East & West Treatment Plant 401-2811-536-4917 & Admin Bldg:401-2821-536-4917 VENDOR(S): Vazza Cleaning Corporation ANNUAL ESTIMATED EXPENDITURE: $24,050 DESCRIPTION: The current janitorial services contract was for a two (2) year term that ended on January 31, 2019 and has the option for three (3), one (1) year renewals. RESOLUTION NO. R19-003 authorized the City Manager to sign an Amendment to the Contract with Vazza Cleaning Corporation of Royal Palm Beach, Florida for Bid No. 001-2821-17/JMA for Janitorial Services for the Utilities Department for the period of February 1, 2019 thru January 31, 2020, for an estimated annual expense of $24,050. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for the for the third -year renewal of February 1, 2021 thru January 31, 2022. REQUESTING DEPARTMENT: COMMUNITY STANDARDS DEPARTMENT CONTACT: ADAM TEMPLE TERM: January 19, 2021 thru January 18, 2022 SOURCE FOR PURCHASE: City RFQ No. 005-2120-18/IT ACCOUNT NUMBER: 001-2211-522-49-17 VENDOR(S): ZALMAN LAW, P.A. ANNUAL ESTIMATED EXPENDITURE: $9,500 DESCRIPTION: On January 19, 2018, City Commission approved a one-year award to Zalman Law, P.A. for special magistrate services for community standard. The Contract allows for three (3) additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the third -year renewal option thru January 18, 2022. The City of Boynton Beach FinOt7celPr-ocurement Services P.O. Box 310 Boynton Beach, F orido 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 RFQ: SPECIAL MAGISTRATE SERVICES FOR COMMUNITY STANDARDS RFQ No.: 005-2120-18/IT CONTRACT RENEWAL PERIOD: JANUARY 19, 2021 THRU JANUARY 18, 2022 Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of JANUARY 18, 2021 THRU JANUARY 17, 2022. No, I do not wish to renew the agreement for the following reason(s): ZALMAN LAW, P.A. NAME OF COMPANY A NAME OF REPRESENTATIVE (Please print) DATE -7� 4-,AL,-� F)rZjvl. . ....... ... . ....... E-MAIL ADDRESS SIGNATURE TITLE MO. (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 190 of 456 The City of BoVnton Beach Finance/Procurement Services P.O. BOX 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX (561) 742-6316 Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of February 1, 2021 thru January 31, 2022. No, I do not wish to renew the agreement for the following reason(s): Z•�* A �-.M' i NAME OF REORESENTATIVE (Please print) °+1 �D I DATE ' I o C�101 'o E-MAIL ADDRESS SIGNATUE �y S 14 TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 191 of 456 The City of ton Beach October 23, 2020 Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 PACE ANALYTICAL SERVICES, LLC 1800 Elm Street SE Minneapolis, MN FL 55414 ATTN: Lisa Harvey (Phone: 386-676-4809) VIA E-MAIL TO: Iisa.harve tpcelabs.com BID: PIGGYBACK AGREEMENT FOR LAB ANALYSIS OR POTABLE AND NON -POTABLE WATER BID NO. CITY OF WEST PALM BEACH ITB 16-17-144 CURRENT AGREEMENT TERM: FEBRUARY 08, 2018 TO FEBRUARY 08, 2021 Dear Ms. Harvey: The current agreement term for "LAB ANALYSIS OR POTABLE AND NON -POTABLE WATER" awarded to PACE ANALYTICAL SERVICES, LLC expires February 08, 2021. We have been very happy with PACE ANALYTICAL SERVICES, LLC. The agreement documents allow for two (2) additional one-year extensions and we would like to extend the agreement for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to woodj@bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call me at (561) 742-6308. Sincerely, Randy Wood, CPPB Contract Administrator Financial Services America's Gateway to the Gulf Stream Page 192 of 456 The City of Boynton Beach October 23, 2020 Finance/Procuremen t Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 BID: PIGGYBACK AGREEMENT FOR LAB ANALYSIS OR POTABLE AND NON -POTABLE WATER BID NO. CITY OF WEST PALM BEACH ITB 16-17-144 Agreement between the City of Boynton Beach and PACE ANALYTICAL SERVICES, LLC: RENEWAL TERM: FEBRUARY 08, 2021 TO FEBRUARY 08, 2022 X_Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) PACE ANALYTICAL SERVICES LLC NAME OF COMPANY SIGNATURE Garrett Ervin NAME OF REPRESENTATIVE (please print) DATE _Garrett.Ervin@pacelabs.com E-MAIL _General Manager TITLE _386-676-4839 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 193 of 456 5.G. CONSENTAGENDA 1/5/2021 Requested Action by Commission: Approve purchase of Kronos Payroll Software for Citywide implementation in the amount of $48,906.90 with a $16,040.00 contingency for additional time clocks or users once implementation begins in the remaining City Departments. Explanation of Request: In January 2020, Public Works entered into an agreement with Kronos for a comprehensive payroll software through the use of 3 quotes based on the current procurement code policies. Staff is recommending that the City move forward with a Citywide implementation of this software. The attached proposal provides the City the use of up to 500 employees on the software. The proposal does not included are police and fire who will continue to use the existing payroll and scheduling software in each respective department. How will this affect city programs or services? The system will provide efficient and accurate records of employment payroll hours, track employee accrual hours, allow for time off requests to be processed electronically and overall create additional efficiencies within each department. Fiscal Impact: Budgeted $64,946.90 budgeted via account #303-4101-580.64-16 Alternatives: Not implement Kronos Software and continue processing payroll manually Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 194 of 456 Type QLAOtE)S SCflbl SOLAir'C',E) I EAtE)ir, Description FlriCE) Fliroposal� Silllg�E) SOLArCE) Page 195 of 456 „,n110,f °PY1'��i KRONOS? Workforce Ready Proposal Date: 10/15/2020 Customer PO »: Version »: 0 Salesperson: Nikki Kirkpatrick Expires: 1/13/2021 Workforce Ready Leave 350 $0.95 $332.50 Bill To: Attn: Andrew Mack Ship To: Attn: Andrew Mack $112.00 City of Boynton Beach City of Boynton Beach $0.00 0 0 $1,988.00 FOB: Shipping Point Solution ID: Shipping Method: FedEx Ground Currency: USD Email Contact: Payment Terms: N30 Phone »: Workforce Ready Time Keeping e 350 $3.78 $1,323.00 Workforce Ready Accruals 350 $0.63 $220.50 Workforce Ready Leave 350 $0.95 $332.50 Kronos Workforce Ready Attestation 350 $0.32 $112.00 Workforce Ready Integration Hub 1 $0.00 $0.00 Minimum Monthly Total: $1,988.00 Kronos InTouch 9100 H4. Standard. Smart Card DEPOT EXCHANGE SUPPORT SERVICE "”, roA, J") p , `sJu I`€ r'w; I''i 14 $3,208.35 Total Price: 1 YR Total Price Minimum Monthly Fee $1,988.00 Minimum Annual Fee $23,856.00 One Time Setup Fees $7,250.00 Total Equipment Purchase and Accessories Fee $48,906.90 Kronos I Time &Attendance • Scheduling • Absence Management • HR Payrollll • Kring Labor Analytics Kronos SaaShr, Inc 3040 Route 22 West, Suite 200 Branchburg, NJ 08876 (800) 225-1561 www.kronos.com/kronossaashr Page 196 of 456 Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition - Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. Section A — Purchase Details Requestor. Department Finance Division Point of Contact Mara Frederiksen Phone Number Vendor Company Name Kronos Address 3040 Route 22 West Suite 200 Branchburg, NJ 08876 Phone Number 800-225-1561 Point of Contact and Title What other vendors were contacted? (List company name, contact, and phone number and explain why they were not suitable) Product or Service Product/Service Name Manufacturer Make/Model # Price Did you negotiate the terms or prices with the vendor? ® Yes ❑ No Why is this price considered to be fair and reasonable? Yes Page 197 of 456 Purchasing Division Sole/Single Source Justification Form Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re -purchase for compatibility reasons) ❑ Yes ❑ No Section B — Justification This is a sole source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service ❑ Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. [ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory -authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best -value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) What necessary features does this vendor provide which are not available from other vendors? Please be specific. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. Section C — Routing, Certification and Approval My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers that exist. 1. Department Director I L� 12/23/2020 Signature Date 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ® / do not recommend ❑ this being certified as a sole source. Required ❑ / not required ® to be advertised for a period of 7 business days before award. -A L� 12/23/2020 Signature Date Page 198 of 456 5.H. CONSENTAGENDA 1/5/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/5/2021 Requested Action by Commission: Proposed Resolution No. R21-003 - Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001), Parks & rec Trust Fund (141), Public Arts Fund (151), Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 & 404), and the Fleet Fund (501) for previous years Purchase Orders, unspent project budgets Explanation of Request: The FY 2020-21 Budget was adopted in September of 2020, before identifying all prior year CIP purchase orders - this occurs in late October thru December. As such, the FY 2020-21 Adopted Budget for various Capital Improvement Projects and the related account line items need to be adjusted to reflect outstanding FY19-20 purchase order encumbrances. This type of budget amendment is part of the annual budget process. The Budget adjustment will increase the Fund's total appropriation which requires City Commission approval. The City's past practice for all City funds is that any operating budget and unspent appropriations are cancelled at the end of each fiscal year and the unspent money becomes part of the fund balance of each fund. Most capital projects span multiple years and continue into the following year. Under best budgeting practices and governmental accounting standards, we should re -appropriate these funds to provide the continued spending authority for these projects. Accordingly, during FY 2020-21 budget modifications will be made to various Funds, see Exhibit A, staff is requesting Commission approval. • The General Fund will be amended for Fund 001 from $99,308,382 to $100,145,429 due to prior year encumbrances and required budget mostly related to the Town Square Project. • The Parks & Recreation Trust Fund will be amended from $609,034 to $625,493 due to a prior year purchase order. • The Public Arts Trust Fund will be amended from $482,120 to $546,155 due to a prior year purchase order. • The Capital Improvement Fund will be amended for Fund 302 from $2,875,224 to $3,876,005 and Fund 303 will be amended from $9,380,156 to $10,917,424 all due to prior year encumbrances, available prior year project budgets, and Town Square improvements. • The Water & Sewer Utility Capital Funds will be amended for Fund 403 from $14,026,613 to $26,892,518 and for Fund 404 from $3,900,000 to $5,233,791 due to both prior year encumbrances and prior year adopted budget. • The Fleet Fund will be amended from $9,661,545 to $10,799,384 due to prior year encumbrances. How will this affect city programs or services? The City would continue to follow good and appropriate Page 199 of 456 budgeting practices. Fiscal Impact: See Exhibit A for a summary of the fiscal impact. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()l LA ti 0 111 D AddE)indUlirn Description IRE)SOkAtioin appiroviing 2020 2021 IBL.aidgElt A rTIE) ind rTIE) 111 t FlY F'UlirchaSE) OrdE)r & BL.jidgE)t If olkweir, Exhibit A Page 200 of 456 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING THE FY 2020-21 BUDGET, TO ADJUST 5 BUDGETED APPROPRIATIONS AND REVENUE SOURCES 6 AND PROVIDE SPENDING AUTHORITY FOR THE GENERAL 7 FUND (001), PARKS & REC TRUST FUND (141), PUBLIC ARTS 8 FUND (151), CAPITAL IMPROVEMENT FUNDS (302 & 303), 9 THE UTILITY CAPITAL IMPROVEMENT FUNDS (403 & 404), 10 AND THE FLEET FUND (501) FOR PREVIOUS YEARS 11 PURCHASE ORDERS, UNSPENT PROJECT BUDGETS; 12 PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN 13 EFFECTIVE DATE. 14 15 WHEREAS, a final budget was approved by the City Commission in September, 2020, for the 16 fiscal year 2020-2021 before identifying all prior year CIP purchase orders - this occurs in late 17 October thru December; and 18 WHEREAS, as such the FY 2020-21 Adopted Budget for various Capital Improvement 19 Projects and the related account line items need to be adjusted to reflect outstanding FY19- 20 20 purchase order encumbrances which is part of the annual budget process; and 21 WHEREAS, Accordingly, during FY 2020-21 budget modifications will be made to 22 various Funds, see Exhibit A, staff is requesting Commission approval. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 24 CITY OF BOYNTON BEACH, FLORIDA: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 26 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 27 Section 2. Hereby amending the appropriated FY 2020 - 2021 budget as follows: 28 a. The General Fund will be amended for Fund 001 from $99,308,382 to $100,145,429 29 due to prior year encumbrances and required budget mostly related to the Town 30 Square Project. 31 b. The Parks & Recreation Trust Fund will be amended from $609,034 to $625,493 32 due to a prior year purchase order. 33 c. The Public Arts Trust Fund will be amended from $482,120 to $546,155 due to a 34 prior year purchase order. 1 S:ACA\RFSO\Budget\2020 - 2021 Budget\FY20-21 FCIP Budget Amendment Resolution - (January 5, 2021).Docx Page 201 of 456 35 d. The Capital Improvement Fund will be amended for Fund 302 from $2,875,224 to 36 $3,876,005 and Fund 303 will be amended from $9,380,156 to $10,917,424 all due 37 to prior year encumbrances, available prior year project budgets, and Town Square 38 improvements. 39 e. The Water & Sewer Utility Capital Funds will be amended for Fund 403 from 40 $14,026,613 to $26,892,518 and for Fund 404 from $3,900,000 to $5,233,791 due 41 to both prior year encumbrances and prior year adopted budget. 42 f. The Fleet Fund will be amended from $9,661,545 to $10,799,384 due to prior year 43 encumbrances. 44 45 A copy of such amendments and/or adjustments are attached hereto as Exhibit "A" and the 46 appropriations set out therein for the fiscal year beginning October 1, 2020 and ending 47 September 30, 2021, to maintain and carry on the government of the City of Boynton Beach. 48 Section 3. That there is hereby appropriated revised amounts to the various Operating and 49 Capital Improvement Funds (see Exhibit A) pursuant to the terms of the budget. 50 Section 4. This Resolution shall become effective immediately upon passage. 51 PASSED AND ADOPTED this day of January, 2021. 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 ATTEST: Crystal Gibson, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven Grant Vice Mayor — Ty Penserga Commissioner —Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina Romelus 2 VOTE YES NO S:ACA\RFSO\Budget\2020 - 2021 Budget\FY20-21 FCIP Budget Amendment Resolution - (January 5, 2021).Docx Page 202 of 456 Adopted Fund Total Expenses Parks & Rec Trust Fund 141-0000-389.91-00 FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 141-2730-572.63-12 RECREATION IMPVS Adopted Fund Total Expenses PUBLIC ARTS FUND CITY OF BOYNTON BEACH FUND BALANCE APPROPRIATED Exhibit A 151-2611-579.67-01 ACQUISITION OF PUBLIC ART 151-2611-579.67-01 CAPITAL APPROPRIATION AMENDMENTS 151-2611-579.67-01 ACQUISITION OF PUBLIC ART TSPART 201059 277,335 6,700 284,035 Artist BUDGET YEAR 2020-21, Commission Meeting 1/5/21 1,725,255 Adopted Fund Total Revenues 2,875,224 1,000,781 2020/21 0 3,876,005 2020/21 302-1214-512.49-17 OTHER CONTRACTUAL SRVS PROJECT PO ADOPTED Amendment 260,000 AMENDED Site Furnishings 302-4102-580.64-14 COMPUTER SOFTWARE IT1801 - FY19 20 Rollover 60,000 60,000 Dev. Electronic Plan Review 302-4102-580.64-15 NUMBER If BUDGET Revenue PO Accounts Budget BUDGET Comments GENERAL FUND Dev. Electronic Plan Review 302-4121-580.63-00 IMPVTS OTHER THAN BLDGS. TSHS01 181254 - 269,690 001-0000-389.91-00 FUND BALANCE APPROPRIATED Straticon 302-4210-572.64-15 923,613 837,047 COMPUTER EQUIPMENT RP2035 1,760,660 - 33,101 Adopted Fund Total Revenues 33,101 Parkmobile 99,308,382 837,047 0 100,145,429 201307 001-1211-512.49-17 OTHER CONTRACTUAL SRVS 201506 253,000 60,000 313,000 FL Int'I University 001-1211-512.49-17 OTHER CONTRACTUAL SRVS SE2110 201466 313,000 34,286 302-4298-572.63-05 347,286 FL Int'I University 001-1211-512.49-08 INS CHGS-AUTO/PROP/UAB 10,000 9,295 2,060,504 0 83,069 2,143,573 Risk Mgmt Allocation 001-1210-512.49-09 SELF INSURANCE CHGS (W/C) 200426 - 5,999 0 5,229 11,228 Risk Mgmt Allocation 001-1211-512.34-55 TOWN SQUARE AGREEMENT RP1820 171295 - 22,000 22,000 Straticon 001-1214-512.44-42 OFFICE RENTAL PARKS IMPROVEMENTS 181145 4,484,700 1,834 6,125 4,486,534 Beltmann Relocation 001-1214-512.44-42 OFFICE RENTAL 200388 4,486,534 209 50,000 4,486,743 Beltmann Relocation 001-1214-512.49-17 OTHER CONTRACTUAL SRVS 302-4238-572.63-00 201166 - 25,130 181008 25,130 Beltmann Relocation 001-1214-512.49-17 OTHER CONTRACTUAL SRVS TS2001 191011 25,130 50,000 GF1804 75,130 E21- Real Estates 001-1214-512.52-20 OPR. EQUIPMENT <$750. TSHS01 201491 - 83,375 BUILDING IMPROVEMENTS 83,375 JCWhite 001-1214-512.52-20 OPR. EQUIPMENT <$750. TS2001 201494 83,375 14,043 97,418 JCWhite 001-1214-512.52-20 OPR. EQUIPMENT <$750. TS2001 201495 97,418 28,682 302-4905-580.63-07 126,099 JCWhite 001-1214-512.52-20 OPR. EQUIPMENT <$750. TS2001 201496 126,099 21,094 Mathews Consulting 147,193 JCWhite 001-1214-512.52-20 OPR. EQUIPMENT <$750. TS2001 201497 147,193 9,009 3,876,005 156,202 JCWhite 001-1214-512.52-20 OPR. EQUIPMENT <$750. TS2045 201500 156,202 7,737 163,940 JCWhite 001-1214-512.52-20 OPR. EQUIPMENT <$750. TS2045 201501 163,940 2,930 166,870 JCWhite 001-1214-512.64-16 FURNITURE & FIXTURES TSHS01 201491 166,870 71,183 238,053 JC White 001-1214-512.64-16 FURNITURE & FIXTURES TS2001 201494 238,053 11,641 249,695 JC White 001-1214-512.64-16 FURNITURE & FIXTURES TS2001 201495 249,695 13,123 262,817 JC White 001-1214-512.64-16 FURNITURE & FIXTURES TS2001 201496 262,817 31,899 294,716 JC White 001-1214-512.64-16 FURNITURE & FIXTURES TS2045 201500 294,716 11,488 306,204 JC White 001-1214-512.64-16 FURNITURE & FIXTURES TS2045 201501 306,204 3,368 309,572 JC White 001-1214-512.64-16 FURNITURE & FIXTURES - 0 200,000 200,000 001-1410-513.64-14 COMPUTER SOFTWARE 191379 - 11,000 11,000 IGM Technology 001-1610-513.64-15 COMPUTER EQUIPMENT 201462 3,000 2,280 5,280 Dell Marketing 001-2730-572.46-98 GROUNDS MAINTENANCE 200412 182,000 11,379 193,379 Property Works 001-2411-524.34-40 TEMPORARY SERVICES 201306 1,000 7,000 8,000 Advanced Data Solutions 001-2411-524.49-17 OTHER CONTRACTUAL SRVS 200348 200.000 14.058 214.058 Advanced Data Solutions Adopted Fund Total Expenses Parks & Rec Trust Fund 141-0000-389.91-00 FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 141-2730-572.63-12 RECREATION IMPVS Adopted Fund Total Expenses PUBLIC ARTS FUND 151-0000-389.91-00 FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 151-2611-579.67-01 ACQUISITION OF PUBLIC ART 151-2611-579.67-01 ACQUISITION OF PUBLIC ART 151-2611-579.67-01 ACQUISITION OF PUBLIC ART 99,308,382 548,749 288,298 100,145,429 (5,996) 16,459 10,463 609,034 16,459 0 625,493 200996 0 16,459 0 16,459 609,034 16,459 0 625,493 (553,621) 64,035 (489,586) 482,120 64,035 0 546,155 TSPART 191066 220,000 27,555 247,555 Artist TSPART 190806 247,555 29,780 277,335 Artist TSPART 201059 277,335 6,700 284,035 Artist Adopted Fund Total Expenses 482,120 64,035 0 546,155 CAPITAL IMPROVEMENT FUND 302-0000-389.91-00 FUND BALANCE APPROPRIATED 724,474 1,000,781 1,725,255 Adopted Fund Total Revenues 2,875,224 1,000,781 0 3,876,005 302-1214-512.49-17 OTHER CONTRACTUAL SRVS TS2001 - 0 260,000 260,000 Site Furnishings 302-4102-580.64-14 COMPUTER SOFTWARE IT1801 - 0 60,000 60,000 Dev. Electronic Plan Review 302-4102-580.64-15 COMPUTER EQUIPMENT IT1801 - 0 95,000 95,000 Dev. Electronic Plan Review 302-4121-580.63-00 IMPVTS OTHER THAN BLDGS. TSHS01 181254 - 269,690 269,690 Straticon 302-4210-572.64-15 COMPUTER EQUIPMENT RP2035 201262 - 33,101 33,101 Parkmobile 302-4210-572.64-15 COMPUTER EQUIPMENT RP2035 201307 33,101 23,705 56,806 Vigilant Solution 302-4210-572.64-15 COMPUTER EQUIPMENT RP2036 201262 56,806 36,812 93,618 Parkmobile 302-4298-572.63-05 PARKS IMPROVEMENTS CP0509 201262 10,000 9,295 19,295 Parkmobile 302-4218-572.63-05 PARKS IMPROVEMENTS RP1820 200426 - 1,720 1,720 Allied Aluminum 302-4218-572.63-05 PARKS IMPROVEMENTS RP1820 191351 1,720 2,625 4,345 Alpha Fence Spec 302-4218-572.63-05 PARKS IMPROVEMENTS RP1820 190577 4,345 6,125 10,470 Avirom & Associates 302-4225-580.62-01 BUILDING IMPROVEMENTS FA2002 201152 50,000 59 50,059 CR Dunn Inc. 302-4238-572.63-00 IMPVTS OTHER THAN BLDGS. RP1801 181008 - 4,850 4,850 CR Dunn Inc. 302-4501-572.62-01 BUILDING IMPROVEMENTS GF1804 201143 375,000 771 45,000 420,771 Adv Roofing &Cart Garage 302-4501-572.62-01 BUILDING IMPROVEMENTS GF1801 420,771 0 80,000 500,771 Golf Clubhouse Design 302-4501-572.62-01 BUILDING IMPROVEMENTS GF2004 500,771 0 15,000 515,771 Golf Driving Range Pad 302-4905-580.63-07 CRA IMPROVEMENTS CP2001 200648 - 57,027 57,027 Mathews Consulting Adopted Fund Total Expenses 2,875,224 445,781 555,000 3,876,005 S\finance\Budget Adjustments\FY2r20-21\Current Year-g.tAm.d-t\F-21-g.t Adj for PY192D PO, ana RolI....-g.tAm.--Worksheet 1 Page 203 of124506P11 Al CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2020-21, Commission Meeting 1/5/21 S\finance\B get Adjustments\FY2020-21\Current YearB get Am.t\FY20218 get Adj for PY192D PO, ana RolI....-g.tAm.d-t Worksheet 2 Page 204 of124569'.41 Al 2020/21 2020/21 PROJECT PO ADOPTED Amendment AMENDED FY19 20 Rollover NUMBER If BUDGET Revenue PO Accounts Budget BUDGET Comments 303-0000-389.91-00 FUND BALANCE APPROPRIATED 4,447,564 1,537,268 5,984,832 Adopted Fund Total Revenues 9,380,156 1,537,268 0 10,917,424 303-1214-580.62-01 BUILDING IMPROVEMENTS TSKID 201408 - 23,350 23,350 Centerline Drill 303-1214-580.63-00 IMPVTS OTHER THAN BLDGS. TS2001 - 7,252 7,252 Wabash Valley Mfg 303-1214-580.63-00 IMPVTS OTHER THAN BLDGS. TS2001 7,252 23,760 31,012 Martin Fence 303-4101-580.62-01 BUILDING IMPROVEMENTS GG1901 200854 125,000 16,680 141,680 E&F Florida 303-4101-580.62-01 BUILDING IMPROVEMENTS GG1901 200845 141,680 899 142,579 Martin Fence 303-4101-580.64-15 COMPUTER EQUIPMENT IT2001 210,000 216,934 426,934 Presicion Contracting Services 303-4101-580.64-15 COMPUTER EQUIPMENT IT1806 190637 426,934 200 427,134 Presicion Contracting Services 303-4101-580.64-18 AIR CONDITIONERS GG1004 201452 40,000 9,746 49,746 A-1 Air Solutions 303-4103-580.63-15 GROUNDS IMPROVEMENTS GG1801 201340 700,000 16,735 716,735 Alexis Knight AR 303-4103-580.63-15 GROUNDS IMPROVEMENTS GG1801 201470 716,735 25,066 741,801 Atlantic Southern 303-4111-572.62-01 BUILDING IMPROVEMENTS RP2013 200655 - 10,589 10,589 Gentile Glas Hol 303-4116-580.49-17 OTHER CONTRACTUAL SRVS GG1842 - 2,500 2,500 Wantman Group 303-4116-580.62-03 AMERICAN DISABILITIES ACT GG2004 201351 - 70,288 70,288 Anzco 303-4116-580.62-03 AMERICAN DISABILITIES ACT GG2007 201351 70,288 25,863 96,151 Anzco 303-4116-580.62-03 AMERICAN DISABILITIES ACT GG1842 201243 96,151 51,293 147,444 West Arch itectur 303-4116-580.62-01 BUILDING IMPROVEMENTS GG1842 201357 235,000 54,454 289,454 Martin Fence 303-4119-580.64-14 COMPUTER SOFTWARE IT2011 201476 - 165,245 165,245 Broadcast System 303-4119-580.64-15 COMPUTER EQUIPMENT IT2011 201295 - 276 276 Broadcast System 303-4127-522.62-01 BUILDING IMPROVEMENTS FA2009 201126 120,000 465 120,465 Gentile Glas Holloway 303-4128-522.62-01 BUILDING IMPROVEMENTS FA2007 201093 82,000 38,815 120,815 Anzco 303-4128-522.62-01 BUILDING IMPROVEMENTS FA2006 201093 120,815 38,815 159,630 Anzco 303-4128-522.62-01 BUILDING IMPROVEMENTS FA2012 201493 159,630 48,900 208,530 E&F Florida En 303-4209-572.63-05 PARKS IMPROVEMENTS RP2016 201085 1,550,000 7,790 1,557,790 Anzco 303-4209-572.63-05 PARKS IMPROVEMENTS RP2011 201113 1,557,790 45,400 1,603,190 Anzco 303-4209-572.63-05 PARKS IMPROVEMENTS RP2016 200750 1,603,190 15,387 1,618,577 Republic Construction 303-4209-572.63-05 PARKS IMPROVEMENTS RP1905 201127 1,618,577 12,751 1,631,328 Republic Construction 303-4209-572.63-05 PARKS IMPROVEMENTS RP1826 190745 1,631,328 22,228 1,653,556 Trident Surfacing 303-4209-572.63-15 GROUNDS IMPROVEMENTS RP1819 190554 - 13,071 13,071 Gentile Glas Holloway 303-4209-572.62-01 BUILDING IMPROVEMENTS RP1903 200663 - 8,000 8,000 T&G Construction 303-4211-572.62-01 BUILDING IMPROVEMENTS RP1862 200720 193,000 11,067 204,067 Alexis Knight 303-4214-572.62-01 BUILDING IMPROVEMENTS RP2025 201221 - 4,800 4,800 E&F Florida 303-4216-572.62-01 BUILDING IMPROVEMENTS RP2005 200632 - 30,578 30,578 Gentile Glas Hol 303-4216-572.63-05 PARKS IMPROVEMENTS RP1845 190851 - 4,037 4,037 Gentile Glas Hol 303-4216-572.62-01 BUILDING IMPROVEMENTS RP1841 201177 - 7,488 7,488 E&F Florida 303-4216-572.62-03 AMERICAN DISABILITIES ACT RP2033 201177 7,488 4,000 11,488 E&F Florida 303-4216-572.63-05 PARKS IMPROVEMENTS RP2029 201224 11,488 8,680 20,168 Martin Fence Co. 303-4218-572.64-15 COMPUTER EQUIPMENT RP2038 201463 - 149 149 Source, Inc 303-4218-572.63-05 PARKS IMPROVEMENTS RP1875 181340 8,000 508 8,508 RCP Shelters 303-4220-580.62-01 BUILDING IMPROVEMENTS RP1902 201460 - 4,170 4,170 Superior Sheds 303-4223-572.62-01 BUILDING IMPROVEMENTS RP2026 201409 55,000 22,359 77,359 AABCO Storm Shut 303-4223-572.62-03 AMERICAN DISABILITIES ACT RP1823 200791 - 301 301 Anzco, Inc 303-4223-572.63-05 PARKS IMPROVEMENTS RP2047 201487 35,000 7,946 42,946 Wabash Valley 303-4226-572.63-05 PARKS IMPROVEMENTS RP2039 201386 - 21,989 21,989 Martin Fence Co 303-4232-572.62-03 AMERICAN DISABILITIES ACT RP2032 201123 - 1,388 1,388 Atlantic Southern 303-4232-572.63-05 PARKS IMPROVEMENTS RP2044 201504 - 14,465 14,465 Alexis Knight AR 303-4232-572.63-05 PARKS IMPROVEMENTS RP2031 201124 14,465 2,840 17,305 Alexis Knight AR 303-4232-572.63-05 PARKS IMPROVEMENTS RP2044 201484 17,305 6,710 24,015 Whidden Surveying 303-4235-572.62-01 BUILDING IMPROVEMENTS RP1825 200442 - 5,400 5,400 All Counties Pai 303-4236-572.64-04 PLAYGROUND EQUIPMENT RP2042 201453 - 24,116 24,116 Kompan Inc. 303-4904-541.63-03 AMERICAN DISABILITIES ACT TR1701 201346 130,000 2,400 132,400 Atlantic Southern Paving 303-4904-541.63-03 AMERICAN DISABILITIES ACT TR1701 201392 132,400 25,500 157,900 Atlantic Southern Paving 303-4904-541.63-24 SIDEWALKS CP0263 201346 250,000 24,005 274,005 Atlantic Southern Paving 303-4904-541.63-24 SIDEWALKS CP0263 201392 274,005 19,827 293,832 Atlantic Southern Paving 303-4904-541.63-24 SIDEWALKS CP0263 181081 293,832 26,090 319,922 Ric -Man International 303-4904-541.63-24 SIDEWALKS CP0263 201108 319,922 6,424 326,346 Engenuity 303-4904-541.63-03 AMERICAN DISABILITIES ACT TR1701 181081 130,000 55,818 185,818 Ric -Man International 303-4905-580.63-08 STREET IMPROVEMENTS CP0266 201346 2,700,000 17,615 2,717,615 Atlantic Southern Paving 303-4905-580.63-08 STREET IMPROVEMENTS CP0266 201356 2,717,615 5,412 2,723,027 Atlantic Southern Paving 303-4905-580.63-08 STREET IMPROVEMENTS CP0266 201389 2,723,027 13,010 2,736,037 Atlantic Southern Paving 303-4905-580.63-08 STREET IMPROVEMENTS CP0266 201392 2,736,037 46,127 2,782,164 Atlantic Southern Paving 303-4905-580.63-08 STREET IMPROVEMENTS CP0266 201423 2,782,164 25,800 2,807,964 Atlantic Southern Paving 303-4905-580.63-08 STREET IMPROVEMENTS CP0266 201261 2,807,964 67,302 2,875,266 Mathews Consulting 303-4905-580.63-08 STREET IMPROVEMENTS CP0266 201469 2,875,266 6,208 2,881,474 Whidden Surveying 303-4905-580.63-08 STREET IMPROVEMENTS TR1601 201172 2,881,474 26,180 2,907,654 Atlantic Southern Paving 303-4905-580.63-08 STREET IMPROVEMENTS CP0266 201117 2,907,654 35,175 2,942,829 Giordano Calvin 303-4905-580.63-08 STREET IMPROVEMENTS CP0266 201325 2,942,829 9,097 2,951,926 Giordano Calvin 303-4905-580.63-08 STREET IMPROVEMENTS CP0266 201247 2,951,926 23,900 2,975,826 Adopted Fund Total Expenses 9,380,156 1,537,268 0 10,917,424 S\finance\B get Adjustments\FY2020-21\Current YearB get Am.t\FY20218 get Adj for PY192D PO, ana RolI....-g.tAm.d-t Worksheet 2 Page 204 of124569'.41 Al S\finance\B get Adjustments\FY2r20-21\Current YearB get Am.t\FY2r218 get Adj for PY192D PO, ana RolI....-g.tAm.d-t Worksheet 3 Page 205 of124569'.48 Al CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2020-21, Commission Meeting 1/5/21 2020/21 2020/21 PROJECT PO ADOPTED Amendment AMENDED FY19 20 Rollover NUMBER # BUDGET Revenue PO Accounts Budget BUDGET Comments UTILITY FUND CAPITAL IMPROVEMENT FUND 403-0000-381.04-09 UTILITY BOND 2016 - 2,916,747 2,916,747 403-0000-389.92-00 NET ASSETS APPROPR 5,911,071 9,949,159 15,860,230 Adopted Fund Total Revenues 14,026,613 12,865,905 26,892,518 403-5000-533.65-02 R&R- WATER UC1803 8,606,613 150,000 8,756,613 Palmer Road 403-5000-533.65-02 R&R - WATER WT2003 8,756,613 750,000 9,506,613 East Wellfield Upgrade 403-5000-533.65-02 R&R- WATER WT19xx 9,506,613 900,000 10,406,613 West Wellfield Electrical 403-5000-533.65-02 R&R- WATER WT1605 10,406,613 400,000 10,806,613 New Lab Building 403-5000-533.65-02 R&R- WATER WTRO17 201239 10,806,613 12,396 10,819,009 Fluid Control SP 403-5000-533.65-02 R&R- WATER WTRO17 201365 10,819,009 12,396 10,831,405 Fluid Control SP 403-5000-533.65-02 R&R - WATER WT2007 201498 10,831,405 94,975 10,926,380 Johnson -Davis 403-5000-533.65-02 R&R - WATER WTR105 201128 10,926,380 78,608 180,000 11,184,988 McKim &Creed 403-5000-533.65-02 R&R- WATER WTR075 190634 11,184,988 210 11,185,198 AMPS, Inc. 403-5000-533.65-02 R&R - WATER WRT020 190724 11,185,198 56,786 11,241,984 CH2M Hill 403-5000-533.65-02 R&R- WATER UC1802 190782 11,241,984 5,145 300,000 11,547,128 Arcadis US Inc 403-5000-533.65-02 R&R- WATER UC1802 190782 11,547,128 15,434 11,562,562 Arcadis US Inc 403-5000-533.65-02 R&R - WATER WT1801 200544 11,562,562 31,535 11,594,097 Intercounty Eng 403-5000-533.65-02 R&R- WATER WTR075 201215 11,594,097 2,625 11,596,722 AMPS, Inc. 403-5000-533.65-02 R&R- WATER WTR022 190848 11,596,722 39,650 11,636,372 Globaltech Inc 403-5000-533.65-02 R&R- WATER WT1902 201490 11,636,372 138,202 1,895,000 11,774,574 Globaltech Inc 403-5000-533.65-02 R&R- WATER WT1902 191014 11,774,574 28,440 11,803,014 CH2M Hill Engineers 403-5000-533.65-02 R&R- WATER WT2001 200399 11,803,014 743 11,803,758 Graybar Electric 403-5000-533.65-02 R&R- WATER WTR075 191042 11,803,758 38,613 11,842,371 CROM Coatings 403-5000-533.65-02 R&R- WATER WTR105 191388 11,842,371 124,410 11,966,781 Carollo Engineers 403-5000-533.65-02 R&R- WATER WT2004 200831 11,966,781 29,886 11,996,666 Accelerated Tech Lab 403-5000-533.65-02 R&R- WATER WTR020 191041 11,996,666 500 11,997,166 FI Design Drilling 403-5000-535.65-04 R&R - SEWER SW2001 3,135,000 0 270,000 3,135,000 403-5000-535.65-04 R&R - SEWER SW1903 191304 3,135,000 148,340 3,283,340 Globaltech Inc. 403-5000-535.65-04 R&R - SEWER SWRlll 191205 3,283,340 25,255 3,308,595 Taw Power System 403-5000-535.65-04 R&R - SEWER SWRlll 201273 3,308,595 332,960 3,641,555 Taw Power System 403-5000-535.65-04 R&R - SEWER SWR064 201326 3,641,555 3,669 3,645,224 Atlantic Southern 403-5000-535.65-04 R&R - SEWER SWR064 191121 3,645,224 50,559 3,695,783 Carollo Engineers 403-5000-535.65-04 R&R - SEWER SW1901 201128 3,695,783 69,995 650,000 4,415,778 TAW Power Systems 403-5000-535.65-04 R&R - SEWER SW1602 161320 4,415,778 22,512 500,000 4,938,290 Globaltech Inc. 403-5000-535.65-04 R&R - SEWER SWR102 4,415,778 0 500,000 4,915,778 Globaltech Inc. 403-5000-535.65-04 R&R - SEWER SW1801 4,938,290 0 750,000 5,688,290 Globaltech Inc. 403-5000-536.31-90 OTHER PROFESSIONAL SRVS US1701 190307 570,000 64 125,000 695,064 Carollo Engineers 403-5000-536.31-90 OTHER PROFESSIONAL SRVS US1701 201424 695,064 6,130 701,194 FL Technical Con 403-5000-536.31-90 OTHER PROFESSIONAL SRVS UC1804 201360 701,194 358,707 1,059,901 McGovern McDonald 403-5000-538.65-09 R&R - STORMWATER STMO31 190478 1,600,000 21,556 750,000 2,371,556 CDM Constructors 403-5000-538.65-09 R&R - STORMWATER STMO31 190915 2,371,556 43,947 2,415,503 Instituform Tech 403-5000-538.65-09 R&R - STORMWATER UC1802 191253 2,415,503 34,913 2,450,415 The Merchant 403-5016-533.65-02 R&R- WATER WTR106 181081 - 207,354 207,354 Ric -Man International, Inc. 403-5016-533.65-02 R&R - WATER WT1605 191150 207,354 46,066 253,419 The Haskell Comp 403-5016-533.65-02 R&R- WATER WTR106 191280 253,419 4,100 257,519 The Merchant 403-5016-535.65-04 R&R - SEWER SW19xx 0 0 700,000 - Congress Ave Force Main 403-5016-538.65-09 R&R - STORMWATER STM022 181081 - 1,959,227 1,959,227 Ric -Man International, Inc. Adopted Fund Total Expenditures 14,026,613 0 4,045,905 8,820,000 26,892,518 UTILITY FUND CAPITAL IMPROVEMENT FUND 404-0000-343.35-00 WTR-CAP. FACILITIES FEE 600,000 600,000 404-0000-381.04-09 UTILITY BOND 2016 - 132,374 132,374 404-0000-381.04-18 UTILITY BOND 2018 - 323,078 323,078 404-0000-389.92-00 NET ASSETS APPROPR 2,888,000 878,338 3,766,338 Adopted Fund Total Revenues 3,900,000 1,333,791 5,233,791 404-5000-533.65-01 WATER WT2006 201361 500,000 500 500,500 Avirom & Associates 404-5000-533.65-01 WATER WT2006 201350 500,500 27,222 527,722 CDM Smith, Inc 404-5000-533.65-01 WATER WT1901 190351 527,722 144,844 672,566 The Haskell Comp 404-5000-533.65-01 WATER WT2005 201376 672,566 154,960 827,526 Trane 404-5000-533.65-01 WATER WT2005 201381 827,526 184,598 1,012,124 Trane 404-5000-535.65-03 SEWER SW1802 190850 1,400,000 17,854 1,417,854 AECOM Technical Services 404-5000-535.65-03 SEWER SW1802 181081 1,417,854 348,361 1,766,215 Ric -Man International 404-5016-535.65-03 SEWER SW1902 201284 - 132,374 132,374 Carollo Engineer 404-5018-533.65-01 WATER RE0005 200409 - 49,859 49,859 Carollo Engineer 404-5018-533.65-01 WATER WT1703 201235 49,859 49,859 99,718 Kelly Tractor 404-5018-533.65-01 WATER WT1703 201354 99,718 2,041 101,758 McKim & Creed 404-5018-533.65-01 WATER WT1703 190351 101,758 149,504 251,262 The Haskell Comp 404-5018-533.65-01 WATER WT1703 191011 251,262 71,816 323,078 E2L Real Estates Solutions Adopted Fund Total Expenditures 3,900,000 1,333,791 0 5,233,791 Utility Totals 17,926,613 32,126,309 S\finance\B get Adjustments\FY2r20-21\Current YearB get Am.t\FY2r218 get Adj for PY192D PO, ana RolI....-g.tAm.d-t Worksheet 3 Page 205 of124569'.48 Al CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2020-21, Commission Meeting 1/5/21 2020/21 2020/21 PROJECT PO ADOPTED Amendment AMENDED FY19 20 Rollover NUMBER # BUDGET Revenue PO Accounts Budget BUDGET Comments FLEET FUND 501-0000-389.92-00 NET ASSETS APPROPR Adopted Fund Total Revenues 501-2516-519.46-31 VEHICLE MAINT. - OTHER 501-2516-519.64-33 VEHICLE PURCHASES 501-2516-519.64-33 VEHICLE PURCHASES 501-2516-519.64-33 VEHICLE PURCHASES 501-2516-519.64-33 VEHICLE PURCHASES 501-2516-519.64-33 VEHICLE PURCHASES 501-2516-519.64-33 VEHICLE PURCHASES 501-2516-519.64-33 VEHICLE PURCHASES Adopted Fund Total Expenditures 9,661,545 1,137,839 0 10,799,384 S\finance\Budget Adjustments\FY2r20-21\Current Year—g.tAm.d—t\F-21—g.t Adj for PY192D PO, ana RolI....—g.tAm.--Worksheet Page 206 of124569'.41 Al 726,114 1,137,839 1,863,953 9,661,545 1,137,839 10,799,384 200758 85,000 426 85,426 Al Packer Ford 200935 5,205,345 51,234 5,256,579 Weston Nissan 200599 5,256,579 75,860 5,332,439 Duval Ford 200605 5,332,439 44,950 5,377,389 Duval Ford 200606 5,377,389 318,870 5,696,259 Duval Ford 200608 5,696,259 135,255 5,831,514 Duval Ford 200610 5,831,514 469,872 6,301,386 Duval Ford 200724 6,301,386 41,372 6,342,758 Duval Ford 9,661,545 1,137,839 0 10,799,384 S\finance\Budget Adjustments\FY2r20-21\Current Year—g.tAm.d—t\F-21—g.t Adj for PY192D PO, ana RolI....—g.tAm.--Worksheet Page 206 of124569'.41 Al 5.1. CONSENTAGENDA 1/5/2021 Requested Action by Commission: Proposed Resolution No. R21-004 - Authorize the City Manager to sign a Vendor Services Agreement for the solution provider services and software maintenance/support of Laserfiche, the City's enterprise content management system, with Information Consultants, Inc. of Miami, Florida for an initial (1) year period with (4) one-year renewal periods. Explanation of Request: Laserfiche is the enterprise content management system for City data. This includes all electronic records and document management, business process automation, and paperless forms. Furthermore, this platform includes Laserfiche Weblink through which we provide a public portal for public record searches which include, but are not limited to, City Commission agendas and minutes, budget, and permit documents. The City intends to upgrade the Laserfiche Weblink product to allow more public users on the system simultaneously due to the growing demand. Due to the successful implementation of over 30 paperless electronic forms and accompanying business processes, for both internal and public use, staff is seeking to further leverage the Laserfiche platform to expand internal use of these tools as part of the digital government initiatives. Staff is recommending a single -source procurement because the existing contract is expiring and the Laserfiche Solution Provider model requires a continued relationship with the recognized Solution Provider of record whom has exclusivity to offer Laserfiche products to the City as a client, unless the City determines that the services are unsatisfactory. Staff has had a positive and value focused working relationship with Information Consultants over the last five-year period and recommend continuing with this Solution Provider. How will this affect city programs or services? This software enables staff to find and share electronic documents over the network efficiently and quickly. Files can be searched or located with word(s), phrases, and/or indexfields. Image data can then be viewed, faxed, printed, and e-mailed to desired users. This software provides the public access to many of our public records and empowers them to engage in self- service. Furthermore, this software platform enables the City to transform paper business processes and forms into digital ones. Maintenance of these products is essential in order to receive optimal performance from departments' application software. Without the support of our Solution Provider, the City would rely solely on the availability of in-house staff to troubleshoot all issues due to the absence of technical support from Laserfiche which is channeled through the Solution Provider. Fiscal Impact: Budgeted The total fiscal impact will be a first year cost of $74,645.30 (current maintenance is prorated into this figure) and a recurring cost of $41,890.60 annual maintenance. Alternatives: There are two alternatives. One would be not to engage in this new contract and instead enter into the change of Solution Provider process with Laserfiche. Page 207 of 456 A further alternative would be to not have a Laserfiche Solution Provider at all in which case we would not be able to purchase licenses or rely on the full range of technical support provided by the Solution Provider as stated in Laserfiche's policy attached here. Staff could likely obtain partial technical support from Laserfiche itself, but would need to adopt them as the sole Solution Provider. Strategic Plan: Strategic Plan Application: Climate Action Application: Reinforces G-3.1 "Green Office Practices" of the updated 2020 Climate Action Plan. The Laserfiche enterprise content management system plays a key role in fostering paperless processes internally as well as expanding paperless digital services for the public. This also spares the public vehicle trips to City buildings. Is this a grant? No Grant Amount: Contracts Vendor Name: Information Consultants, Inc. Start Date: 1/5/2021 End Date: 1/4/2022 Contract Value: $242,207.70 Minority Owned Contractor?: Extension Available?: Yes Extension Explanation: This Agreement has four (4) one-year renewal periods subject to Vendor's acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. Attachments: Page 208 of 456 Type D IRE)SCA LA ti 0 II'l D AddE)indUlirn D AddE)indUlirn D AddE)indUlirn Description IRE)SOkAboin approvilllg VE)indoir' SE)ir,\AC2,sAgir'E�IENrTIENI'lt for aSE)rfichE) Agir'E)E)irTIE)l['It 010 1510 21 ll:RVVBEAWE�IENI'l IICfflNS City of BoyintoinBE�,ach I inforimatioin COIIISLARaints SCAE) SOLArCE) J UlShficahoin IF:::oirim 2020 I EAtENr oin SCAL.AbOin FlrovidE)r ofIRE�'Cord for City of BoyintoinBE�,ach I::1 Page 209 of 456 1 RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A VENDOR SERVICES AGREEMENT FOR 6 THE SOLUTION PROVIDER SERVICES AND SOFTWARE 7 MAINTENANCE/SUPPORT OF LASERFICHE, THE CITY'S 8 ENTERPRISE CONTENT MANAGEMENT SYSTEM, WITH 9 INFORMATION CONSULTANTS, INC. OF MIAMI, FLORIDA 10 FOR AN INITIAL (1) YEAR PERIOD WITH FOUR (4) ONE-YEAR 11 RENEWAL PERIODS; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Laserfiche is the enterprise content management system for City data 14 which includes all electronic records and document management, business process 15 automation, paperless forms along with Laserfiche Weblink through which we provide the 16 citizens a portal to do record searches on our public records which include, but are not 17 limited to, City Commission agendas and minutes, budget, and permit documents; and 18 WHEREAS, due to the successful implementation of over 30 paperless electronic 19 forms and accompanying business processes, for both internal and public use, we are 20 seeking to further leverage the Laserfiche platform to expand internal use of these tools as 21 part of our digital government initiatives; and 22 WHEREAS, maintenance of these products is essential in order to receive optimal 23 performance from departments' application software and without the support of our Solution 24 Provider, the City would rely solely on the availability of our in-house staff to troubleshoot 25 all issues due to the absence of technical support from Laserfiche which is channeled 26 through the Solution Provider. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as S:ACA\RLSO\Agreements\Vendor Services Agreement (Laserfiche) - Reso.Docx Page 210 of 456 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 authorize the City Manager to sign a Vendor Services Agreement for the 34 solution provider services and software maintenance/support of Laserfiche, the City's 35 enterprise content management system, with Information Consultants, Inc. of Miami, Florida 36 for an initial (1) year period with four (4) one-year renewal periods, a copy of the Vendor Services 37 Agreement is attached hereto as Exhibit "A". 38 Section 3. This Resolution will become effective immediately upon passage. 39 PASSED AND ADOPTED this day of January, 2021 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice -Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RLSO\Agreements\Vendor Services Agreement (Laserfiche) - Reso.Docx VOTE Page 211 of 456 AGREEMENT NO. 010-1510-21/RW BETWEEN INFORMATION CONSULTANTS, INC. & CITY OF BOYNTON BEACH VENDOR SERVICES AGREEMENT TO TRADE-IN READ-ONLY AND FORMS AUTHENTICATED PARTICIPANT LICENSES, AND FORMS PORTAL THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Information Consultants, Inc., hereinafter referred to as "VENDOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to trade-in the read- only and forms Authenticated Participant licenses, as well as the Laserfiche Portal SCOPE OF SERVICES. Vendor agrees to perform the services as outlined in Quote no. 45372, dated December 4th, 2020 and attached here as "EXHIBIT A". 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for a period of one (1) years beginning January 05, 2021 with four (4) one-year renewal periods subject to Vendor's acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. 5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly and in accordance with the Exhibit "A" Quote No. 45372. The amount of $53,700 for the initial term of one (1) year and with an option to renew for four (4) additional one-year terms for an annual estimate amount of $41,890.60 for a total amount of $221,262.40 over the total potential five (5) year term of the agreement, shall be the total estimated amount of payment to Vendor for services provided under this Agreement for the entire term of the Agreement, subject to change due to procurement of additional licenses in accordance with the Exhibit "A" Quote No. 45372. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. b. The Vendor may submit invoices to the City once per month during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. c. Final payment of any balance due the Vendor of the total 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 C-1 Page 212 of 456 necessary to complete the work. e. The Vendor'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, and other materials produced by the Vendor in connection with the services rendered under this Agreement shall be the property of the City. 7. COMPLIANCE WITH LAWS. Vendor 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. Vendor 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 attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. N/A The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and Vendor liability insurance in the amount of $1,000,000 per occurrence to 2 million 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. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor 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 Vendor nor any employee of Vendor 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 Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, 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 Vendor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. C-1 Page 213 of 456 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 Vendor, 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 Vendor 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 thirty (30) days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor 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 Vendor 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 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 100 E. Ocean Ave. Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: Information Consultants, Inc. 15800 Pines Blvd, Suite #434 Pembroke Pines, FL 33027 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Vendor 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 Vendor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from C-1 Page 214 of 456 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. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. C-1 Page 215 of 456 21. EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. DATED this 16th day of December 2020 . CITY OF BOYNTON BEACH City Manager Attest/Authenticated: City Clerk Approved as to Form: Office of the City Attorney C-1 INFORMATION CONSULTANTS, INC. Pierre Smith Vendor CEO Title (Corporate Seal) Attest/Authenticated: Witness Page 216 of 456 EXHIBIT "A" INFORMATION CONSULTANTS, INC. QUOTE Revised - SOW # 45372 December 4th, 2020 for Public Portal Unlimited and Participants Users Licenses C-1 Page 217 of 456 CCDNISU(--[PNT'S ollf Wark 10 ilk "W74". im, ff mr MM F. ",A Revis(,d - SOW:t 45372 Deceiimlbeir 4-th, 2020 Page 218 of 456 Statement of Work Purpose The purpose of this project is to replace the Public Portal license with 25 concurrent connections with a Public Portal License with unlimited connections. Also, the 220 Laserfiche Read only licenses and the 30 Forms Participants will be changed for Participants Users Licenses to allow the users to have read only access to the repository and be able to participate in Forms processes. Benefits • The City of Boynton Beach will benefit from staff teamwork and collaboration on projects now that all staff members are assigned a Laserfiche license. • The public users for the Laserfiche Public portal will be able to connect unlimited and not with a 25 connection limit Scope of Work 1. Replace the new licenses to Boynton Beach existing Laserfiche system. 2. Test the access of the Public portal and an user of the new participant license SOW Summary and Price Trade in Licenses for the City of Boynton Beach SCAN IT FORWARD ,M Going paperless with a purpose! 12/4/2020 Statement of Work #45372 Paae 1 Page 219 of 456 System Configuration After Trade -In with the Yearly LSAP SCAN IT FORWARD'" Going paperless with a purpose! - 12/4/2020 Statement of Work #45372 Pacle 1 Page 220 of 456 Information Consultants, Inc., as Contractor, shall comply with the requirements of Florida's Public Records law. In accordance with Section 119.0701, Florida Statutes, Contractor shall: a. Keep and maintain public records required by the public agency in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided under Florida's Public Records Law or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if Contractor does not transfer the records to the public agency: and d. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of this contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e. If Contractor has questions regarding the application of Chapter 119, Florida Statutes, to Contractor's duty to provide public records relating to this Agreement, Contractor shall contact the Custodian of Public Records at: (CITY CLERK) 100 EAST OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. CITYCLERK@BBFL.US f. In the event the public agency must initiate litigation against Contractor in order to enforce compliance with Chapter 119, Florida Statutes, or in the event of litigation filed against the public agency because Contractor failed to provide access to public records responsive to a public record request, the public agency shall be entitled to recover all costs, including but not limited to reasonable attorneys' fees, costs of suit, witness, fees, and expert witness fees extended as part of said litigation and any subsequent appeals. SCAN IT FORWARD'" Going paperless with a purpose! 12/4/2020 if if Of' ��'f i' A ( A i Statement of Work #45372 Paae 1 Page 221 of 456 Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. SCAN IT FORWARD ,M Going paperless with a purpose! 12/4/2020 if if f,f,.Y ( 1()1 'of1 Is CONSUL."TA N'FEE3 Statement of Work #45372 Paae 1 Page 222 of 456 Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition - Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. Requestor Department Information Technology Services Division Point of Contact Yury Konnikov Phone Number 561-742-6071 Vendor Company Name Information Consultants, Inc. ........ . . ...... Address 15800 Pines Blvd., Suite 341 Pembroke Pines, FL 33027 Phone Number 1-954-905-4072 Point of Contact and Title . .................................... Menfis Bido, Laserfiche User Success Manger/Senior Account Manager .... .... ....._..... . ........ �...�......._www_._._�.w What other vendors wer..www............ e contacted? (List company name, contact, and phone number and explain why they were not suitable) Product or Service Product/Service Name Laserfiche Solution Provider Manufacturer Laserfiche ................................... ,__ m .... ,,....... Make/Model # Price Did you negotiate the terms or prices with the vendor? jYes ❑ No Page 223 of 456 Purchasing Division Sol le Source Justification Form Why is this price considered to be fair and reasonable? Yes, because we did a comparative analysis to other unit prices as well as a VIP discount passed down to us from Laserfiche. Furthermore, there is a trade-in value provided to use for licenses we will return in exchange for new ones related to upgrades. ............. Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re-purchase for compatibility reasons) ❑ Yes ❑ No 1 1011111011illil!' 1 i " I IN! i !!! i i 1 iiii 11111 111 M This is a sole source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service E° Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) What necessary features does this vendor provide which are not available from other vendors? Please be specific. This vendor is the Solution Provider of record designated by the entity which owns the patented and licesed software. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known suppiliers that exist. 1 Depa Dire'tor °' ,'7 M OLD ign ture '" Dat , m, � ....ger/F`inance.. _. 2. Director urchasmg Ma a fion provided in Sections A and B and the attached supporting documents, I recommend Based on the informa� end ❑ / do not recommend ❑ this being certified as a sole source. Required ❑ / not required ❑ to be advertised for a period of 7 business days before award. Signature .......�.�._ _.._ ......_ Date Ma. Page 224 of 456 DocuSign Envelope ID: C175A64D-BB92-4854-9334-033F4AOF778D 3545 Long Beach Blvd. L a s eIlii fiI Long Beach, CA 90807 800-985-8533 1562-988-1688 October 14, 2020 Yury Konnikov, ITS Support Manager City of Boynton Beach, FL 100 E. Ocean Ave. Boynton Beach, FL 33435 Dear Mr. Konnikov: Laserfiche policy dictates that Information Consultants, Inc., as your current Solution Provider of record, is the sole Solution Provider that can download software licenses and activations for you. In addition, unless you change your Solution Provider of record, only your current Solution Provider of record can provide you with additional Laserfiche software to expand or upgrade your Laserfiche system and renew your Laserfiche Software Support Plan ("LSSP"). Please note that we have generally found that the Solution Provider that has implemented and supported your Laserfiche system is likely to have a better understanding of your current system. Thus, it may take some time for a different Solution Provider to gain that same understanding. Should you decide to change your Solution Provider of record, you will need to complete Laserfiche's change of Solution Provider process, which usually takes about 30 days to finalize. For further clarification, please feel free to call or email your Regional Manager, Alex Matos, at (562) 676-6367 and alex.matos@laserfiche.com. Regards, EAD S' d by: )-� Ar� A45EFEB556"4._. Hey elttary Senior Vice President of Sales merficIhe com Page 2225 of 456 5.J. CONSENTAGENDA 1/5/2021 Requested Action by Commission: Proposed Resolution No. R21-005 - Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001) for the Central Square Agreement entered into on Agenda Item 12.15.20 Resolution R20-138. Explanation of Request: The General Fund will be amended for Fund 001 from $99,218,382 to $99,308,382 for the implementation of the Central Square Agreement. How will this affect city programs or services? The City would continue to follow good and appropriate budgeting practices. Fiscal Impact: Non -budgeted Contractual Services Account # 001-1211-512-49-17 Requires Budget Amendment for FY 2020-21. See Budget Resolution No. R21-005 See Exhibit Budget for HTE Central Square and Consultants - $90,000.00 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 226 of 456 Type D IRE)SCA LA ti 0 II'l D A rTIE)ind rTIENI'l t D AttacNrTIENI'lt D AttacftrTIENI'lt Description IRE)SOkAboin airTIE)inding ChE�, 2020 2021 (.,)EsInEsir'4 IF:::Ulind to providE) for CE)intir'4l SqUiair'E) �BL.jidgE'tAirTIEsii'idirTIEsll'It Exhbit Cointract Aw,-ard ICRE)SC)k.JlhC)I['l Origiinal gE)inda Appirov,,.-a11 Page 227 of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE FY 2020-21 BUDGET, WHICH WILL ADJUST BUDGETED APPROPRIATIONS AND REVENUE SOURCES AND PROVIDE SPENDING AUTHORITY FOR THE GENERAL FUND (001) FOR THE CENTRAL SQUARE AGREEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a final budget was approved by the City Commission in September, 2020, for the fiscal year 2020-2021; and WHEREAS, on December 15, 2020, the City Commission via Resolution R20-138, approved entering into an Agreement with Central Square which requires a budget amendment to appropriate the funds; and WHEREAS, the City Manager is recommending amending the amount necessary to be appropriated for fiscal year 2020-2021 for the General Fund (see Exhibit A). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. Hereby amending the appropriated FY 2020-2021 budget for the General Fund from $99,218,382 to $99,308,382. A copy of such amendment and/or adjustment is attached hereto as Exhibit "A" and the appropriations set out therein for the fiscal year beginning October 1, 2020 and ending September 30, 2021, to maintain and carry on the government of the City of Boynton Beach. Section 3. That there is hereby appropriated revised amounts to the General Fund (see Exhibit A) pursuant to the terms of the budget. 1 Page 228 of 456 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2021. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Crystal Gibson, MPA, MMC City Clerk (Corporate Seal) Mayor — Steven Grant Vice Mayor — Ty Penserga Commissioner —Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina Romelus 2 VOTE YES NO Page 229 of 456 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2020-21 General Capital Improvement Fund 001-0000-389.91-00 FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 001-1211-512.49-17 OTHER CONTRACTUAL SERVICES Adopted Fund Total Expenses Exhibit A 2020/21 CITY MANAGER 2020/21 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET 1,365,468 90,000 1,4SS,468 99,218,382 90,000 99,308,382 2531000 90,000 343,000 99,218,382 90,000 99,308,382 Page 230 of 456 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2020-21 General Capital Improvement Fund 001-0000-389.91-00 FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 001-1211-512.49-17 OTHER CONTRACTUAL SERVICES Adopted Fund Total Expenses Exhibit A 2020/21 CITY MANAGER 2020/21 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET 1,365,468 90,000 1,4SS,468 99,218,382 90,000 99,308,382 2531000 90,000 343,000 99,218,382 90,000 99,308,382 Page 231 of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. R20 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AWARD AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT 005-1410-21/RW WITH CENTRAL SQUARE TECHNOLOGIES, LLC., FOR A TOTAL AMOUNT OF $50,040.00 IN ACCORDANCE WITH QUOTE NUMBER Q-07140 FOR CONSULTING & PROJECT MANAGEMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 04, 2020 the City Commission approved Resolution No. R20-071 authorizing the City Manager to sign a new five year contract with Central Square Technologies, LLC. with a total cost of $1,169,498.04 to continue the use of the Naviline enterprise resource planning software and maintaining Central Square Technologies, LLC. as our applications services provider; and WHEREAS, the agreement includes the use of Central Square as an applications services providers, meaning they are responsible for maintenance and provision of the hardware and software, including 24x7 support, and backups; and WHEREAS, approving Award of contract 005-1410-21/RW with Central Square will enable the City to pursue optimum utilization and maximum efficiency of the ERP software system; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents to approve the award and authorize the City Manager to sign contract 005-1410-21/RW with Central Square Technologies, LLC., for a total amount of $50,040.00 in accordance with Quote Number Q-07140 for Consulting & Project Management Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. S:ACA\RESO\Agreements\Award of Contract with Central Square - Reso Page 232 of 456 32 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves 33 the award and authorize the City Manager to sign contract 005-1410-21/RW with Central 34 Square Technologies, LLC., for a total amount of $50,040.00 in accordance with Quote 35 Number Q-07140 for Consulting & Project Management Services. A copy of the Contract 36 is attached hereto and incorporated herein as Exhibit "A". 37 Section 3. That this Resolution shall become effective immediately. 38 PASSED AND ADOPTED this day of December, 2020 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES NO 41 42 Mayor — Steven B. Grant 43 44 Vice -Mayor — Ty Penserga 45 46 Commissioner — Justin Katz 47 48 Commissioner — Woodrow L. Hay 49 50 Commissioner — Christina L. Romelus 51 52 VOTE 53 ATTEST: 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 (Corporate Seal) S:ACA\RESO\Agreements\Award of Contract with Central Square - Reso Page 233 of 456 12/28/2020 Coversheet 6.D. CONSENT AGENDA 12/15/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/15/2020 Requested Action by Commission: Proposed Resolution No. R20-138 -Approve award and authorize the City Manager to sign contract 005- 1410-21/RW with Central Square for a total amount of $50,040.00 in accordance with Quote Number Q-07140 for Consulting & Project Management Services. Explanation of Request: Requesting City Commission approve award of contract 005-1410-21/RW with Central Square for a total amount of $50,040.00 in accordance with Quote Number Q-07140 for Consulting & Project Management Services to provide auditing, optimization and training services. City Commission approved Resolution No. R20-071 on August 04, 2020 Authorizing the City Manager to sign a new five year contract with Central Square Technologies, LLC. with a total cost of $1,169,498.04 to continue the use of the Naviline enterprise resource planning software and maintaining Central Square Technologies, LLC. as our applications services provider. Naviline is the City's existing enterprise resource planning (ERP) software platform. It consists of a suite of integrated applications and databases by which the City collects, stores, manages, interprets, and shares data across a range of City departments. These departments include Finance, Development, Utilities, Community Standards, and Human Resources, among others. It is the means by which the City conducts functions such as general ledger, utility billing, payroll, code enforcement, permits, and customer service. It provides the back -end for a majority of the City's online application and payment services as well. The agreement includes the use of Central Square as an applications services providers, meaning they are responsible for maintenance and provision of the hardware and software, including 24x7 support, and backups. Central Square Technologies is the current provider of the City's ERP software for finance, HR/payroll, utilities, citizen engagement, community development, property tax, municipal services and asset management, thereby being the single source capable of providing the auditing, optimization & training services requested. How will this affect city programs or services? Approving Award of contract 005-1410-21/RW with Central Square for a total amount of $50,040.00 in accordance with Quote Number Q-07140 for Consulting & Project Management Services will enable the City to pursue optimum utilization and maximum efficiency of the ERP software system. Fiscal Impact: Budgeted Contractual Services Account # 001-1211-512-49-17 Requires Budget Amendment fro FY 2020-21. See Budget Resolution R20 -XXX See Exhibit A Budget for HTE Central Square and Consultants - $75,000.00 Alternatives: Not perform auditing, optimization & training services requested Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Central Square Technologies, LLC Start Date: 1/11/2021 End Date: 6/1/2021 Contract Value: $50,040.00 Minority Owned Contractor?: No Extension Available?: No https://boyntonbeach.novusagenda.com/AgendaIntranet/CoverSheet.aspx?ItemID=8481&MeetingID=330 Page 234 Of 4r� 12/28/2020 Extension Explanation: Attachments: Type D Resolution D Addendum D Addendum Addendum Exhibit Addendum D Addendum D Addendum Coversheet Description Resollution appiroving Contract wilith Ca. ntirall Squan--.-, Solle-Sling1le Souirce Jusfification IC orm •- Il6win S"q Consulliting S"vs I Centirall Squaire I Busiliness I IReview Quote Q--07140 Centirall Square I Busiliness I IReview SAII ES OR11.1EIR Exhlibilit A I foir 11-1 TIE Centirall Square and Consullitaints Ca.entirall Squan ... . . . . . . . . . . . . . Agn.-.-wrneint (Ill ............ :� IRes 8 04 20 Centirall Squan ... . . . . . . . 11 ech nollog lies ............ Solle Source Justilificaltion$1 169 498.04 1 7 16-20 Ceintiral,Squan ... . . . . . . . . Sollutions Agreement ASIP 2020 ............ 7220 IRev foir counteirsilgin 7.02-20 hftps://boyntonbeach.novusagenda.com/AgendaIntranet/CoverSheet.aspx?ItemID=8481 &MeetinglD=330 Page 235 of v 42tr� 5.K. CONSENTAGENDA 1/5/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/5/2021 Requested Action by Commission: Approve minutes from the City Commission meeting on December 1, 2020. Explanation of Request: The City Commission met on December 1, 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 Application: Is this a grant? Grant Amount: Attachments: Type Description Mi1r'1LAtEss 12 01 2020 Page 236 of 456 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform Boynton Beach, Florida On Tuesday, December 1, 2020, at 5:30 P.M. Present: Steven B. Grant, Mayor Ty Penserga, Vice Mayor Justin Katz, Commissioner Woodrow L. Hay, Commissioner Christina Romelus, Commissioner Openings A. Call to Order - Mayor Steven B. Grant Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk Mayor Grant called the meeting at 5:33 p.m. John McNally, ITS Director, reviewed how the meeting would proceed and how the public could participate. Invocation by Rabbi Dr. Solomon Rothstein, Police Chaplain Rabbi Dr. Solomon Rothstein gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Christina Romelus Commissioner Romelus led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant wanted to make an announcement regarding the MLK Committee as Item 3.C. 2. Adoption Motion Commissioner Katz moved to approve as amended. Commissioner Romelus seconded the motion. The motion unanimously passed. Page 237 of 456 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 2. Other A. Informational items by Members of the City Commission Commissioner Katz spoke with Davis Camalier regarding his property on Federal Highway and Boynton Beach Boulevard. He met with Bill Morris and his representatives regarding CRA owned property on the west side of Federal Highway and Boynton Beach Boulevard. He announced he will attend the Lighting Ceremony after the meeting. Commissioner Hay had no disclosures, but advised he would attend the Lighting on Ocean Avenue. Commissioner Romelus had no disclosures and hoped all had a Happy Thanksgiving. Vice Mayor Penserga had no disclosures. Mayor Grant disclosed he attended the National League of Cities Virtual Conference November 18th to the 21St. He noted President -Elect Biden was there and he committed to working with cities. He attended environmental seminars and hoped to have a presentation at the next meeting and he attended the Fire Station No. 1 Mural unveiling. On the 23rd, he attended the General Employees' Pension meeting, noted the expected rate of return for the pension was 6.9%, which was under the City's guaranteed rate of 7% for the DROP, which will affect next year's budget. He noted the City will have to make up the difference. On the 24th, he went to the Delray Beach Chamber of Commerce Legislative Luncheon and met with new State Representative Omari Hardy and Mike Caruso, Kelly Skidmore, Rick Roth and State Senator Tina Polsky. He noted some Representatives already have agendas still open. He hoped to speak about it at the next meeting of the first meeting in January, but there are different ways for the Legislature to write bills in favor of cities. He hoped all had a safe Thanksgiving and all would shop locally. He cautioned residents may have opened their bubble to others, so he requested all be mindful of one another during the Holiday Season. Today was the coldest day since March and people may be starting to get sick and they need to be safe and healthy. He attended a Zoom meeting celebrating the one-year anniversary of Boynton's Sister City in Farindola, Italy and attended a dune restoration event. He worked with the Institute for Regional Conservation to plant over 200 plants in the dunes to restore biodiversity. In six months to a year, the plantings will grow above the sea oats. 3. Announcements, Community and Special Events and Presentations A. Announce Pearl Harbor Remembrance Day Ceremony being held at Tom Kaiser, USN, Boynton Beach Veterans Memorial Park on Monday, December 7th, at 12:00 PM. CDC guidelines will be followed. Mayor Grant announced the event. 2 Page 238 of 456 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 B. Announce the lighting of Downtown Boynton on Tuesday, December 1, 2020 immediately after the City Commission meeting in front of City Hall. Mayor Grant announced the event. He thought the CRA was holding something at Dewey Park subsequent to the lighting in front of City Hall. C. MLK Task Force Mayor Grant requested Ms. Krusell contact the prior MLK Task Force to decide what they want to do for the event next month, whether it is a CDC socially distanced gathering or a drive through. He hoped they would find partners for the community event. 4. Public Audience Individual Speakers Will Be Limited toThree-Minute Presentations (at the discretion of the Chair, this three-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Chris Nordstrom, 1059 Grove Park Circle, wanted to assist the Mayor this month with some of his initiatives such as the digital divide in the City, environmental beautification, economic development and creating a career pathway. He provided his contact information. Alexandria Wilson, 2040 NW 2nd Court, noted the death of an ATV driver last week. A few years ago, she asked the City what they would do to make it safe for ATV drivers and was told they would do something with Delray Beach. She asked if they would build a facility and requested an update. Mayor Grant was saddened to hear about the death of the ATV driver as he did not hear about it. He advised the City Commission will request information from the Police Chief at the next meeting, including dirt bikes, the current rules and how to enforce them. No one else coming forward, Public Audience was closed. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant announced the openings. There were no applicants. 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 3 Page 239 of 456 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 all of the accompanying material to become a part of the Public Record and subject to staff comments A. Legal Expenses - October, 2020 - Information at the request of the City Commission. No action required. B. Proposed Resolution No. R20-131 - Authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the Edward Byrne Memorial Justice Assistance Grant (JAG) subject to the approval of the City Attorney. C. Proposed Resolution No. R20-132 - Releasing the Declaration of Unity of Title for Habitat for Humanity of South Palm Beach County (a.k.a. HFH) to allow establishment of individual parcels and property control numbers for each of the two duplex units and satisfy lending requirements. Applicant: Jeffrey Fengler, Habitat for Humanity of S. Palm Beach County. D. Proposed Resolution No. R20-133 - Approving the Declaration of Unity of Control for the property constructed with a duplex by Habitat for Humanity of South Palm Beach County (a.k.a. HFH), as required to satisfy lending requirements. Applicant: Jeffrey Fengler, Habitat for Humanity of S. Palm Beach County. E. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for December 1, 2020- "Request for Extensions and/or Piggybacks." F. Proposed Resolution No. R20-134 - Authorize the Mayor to sign an Interlocal Agreement between the City and CRA for the funding of the Tree Canopy Coverage Project. Mayor Grant pulled item F and commented he spoke with Rebecca Harvey, Sustainability Coordinator, to find out what was occurring. Ms. Harvey explained the Interlocal Agreement is that the CRA approved the agreement and allocated $60,650 for tree canopies in the CRA area. This follows up on the Resolution passed on September 1St to adopt tree canopy goals to increase the canopies, which entails planting 3,000 trees. They plan to split the funding half to the Public Works Department to plant in the medians, along streets and targeted areas in the CRA District, and the other half to the Sustainability Office to plant in open spaces in parks and creating and planting smaller trees than the Code requires on medians and streets. They can plant 300 to 400 trees with the funds and the Public Works Department will plant larger trees on streets with about 80 to 100 trees. The Departments will pay to plant the trees because the CRA can only cover the cost of the trees. The Sustainability Office will procure the vendors to plant the trees, organize the events and request reimbursement from the CRA when finished. Mayor Grant noted they are using some funds to buy mature trees for medians. Certain 0 Page 240 of 456 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 parks can have a lot more trees because they will be saplings. Mayor Grant asked if they could have a fruit forest and requested feedback from the City Commission. Commissioner Romelus asked if the trees would be accessible to the public and learned they would. Commissioners Romelus and Hay supported the fruit forest. The City Commission will provide direction to create a fruit forest in parks. Ms. Harvey clarified the trees in the various parks will still be 15 -gallon trees which are nine or 10 feet. The hope is that there would be a mixture of mature and non -mature trees for the canopies. Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. G. Approve minutes from the City Commission meeting on November 4, 2020 Motion Commissioner Hay moved to approve the remainder of the Consent Agenda. Commissioner Katz seconded the motion. The motion unanimously passed. 7. Consent Bids and Purchases Over $100,000 A. Approve the purchase of twenty-five (25) replacement vehicles as approved in the fiscal year 20/21 fleet replacement budget in the estimated amount of $762,708 by utilizing the following contract: Florida Sheriffs Association, FSA20- VEL 28.0. The Florida Sheriffs Association contract satisfies the City's procurement requirements. Commissioner Romelus inquired about the vehicles that were being replaced and prior options. In the past, the City had given a vehicle to South Tech. Lori LaVerriere, City Manager, explained they are selling the vehicles at auction. They could reach out to South Tech. She believed the program was halted and she offered to inquire every year before auction about the programs. Mayor Grant thought they should extend an offer to high schools with automotive programs as well and pointed out South Tech also teaches Marine. He requested if the City had any equipment to help advance local school and non-profit programs, that they do so. Commissioner Romelus thanked the City Commission for the vehicle donation, noting it was Giving Tuesday. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. 5 Page 241 of 456 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 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. A. Proposed Ordinance No. 20-039 - Second Reading - Approve Wells Landing North Rezoning from C-2, Neighborhood Commercial and R-2, Single -and Two -Family Residential to MU -1, Mixed -Use 1, with a master plan for 24 multi -family units and 8,530 square feet of commercial. Applicant: Elizabeth Roque/ Wells Landing Apartments LLC Attorney Cherof read proposed Ordinance No. 20-039 by title only on second reading. Motion Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion. There were no comments received. Vote City Clerk Gibson called the roll. The vote was 5-0. B. Approve Wells Landing North (NW SP 20-004) for a mixed-use development consisting of a three (3) -story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23 -acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC. (Tabled from the November 4, 2020 Commission meeting.) Mayor Grant presented the above item. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Mayor Grant noted the minutes referenced someone asking if Centennial Management LLC would have job and career fairs. Brian Herbert and Elizabeth Roque of Centennial Management were not in attendance. Mayor Grant believed they would, but would get confirmation at the next meeting. Vote The motion unanimously passed. D Page 242 of 456 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 B. Proposed Ordinance No. 20-043 - Second Reading - Request for abandonment of a portion of the SW 6th Street right-of-way consisting of a portion of the unimproved swale abutting the east lot line of the subject property located at 704 SW 25th Avenue (ABAN 20-010). Attorney Cherof read proposed Ordinance No. 20-043 by title only on second reading. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Mayor Grant received an email from a nearby resident attaching pictures of flooding and also received several comments from residents on Chapel Hill that the flooding was getting worse. He was not willing to move forward on this item because they cannot allow construction if they are not retaining the water on their property. He thought the Commission needed to ensure the swale area holds the water and until Engineering can make sure it would not be an issue he would not vote. Motion Commissioner Katz withdrew his motion and moved to table. He requested the other Commissioners receive a copy of the email the Mayor received. Mayor Grant agreed to share it with the City Manager and Assistant City Manager Colin Groff. Commissioner Romelus seconded the motion. Commissioner Romelus explained she was working in the background with Ms. LaVerriere and Mr. Groff regarding Chapel Hill, Lake Boynton Estates and other communities facing major water issues during rain events. She wanted to work with the City Commission and staff to create a long-term plan to improve these communities. Commissioner Hay requested they include NW 1St Street in the study. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. Mayor Grant noted flooding in the northeast area, north of Miner Road. He thought this was indicative of how climate change affects Florida with King tides, excess building and not enough trees and if the City was trying to be a sustainable city, they needed to be more cognizant of environmental aspects when they lose green space or trees. 9. City Manager's Report - None 10. Unfinished Business - None 7 Page 243 of 456 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 11. New Business A. Review and action on Annual Performance Evaluation for the City Manager. Julie Oldbury, Director of Human Resources and Risk Management, explained that each year the City Commission has the ability to review the performance of the City Manager. She sent out evaluation forms, which were returned and included in the back-up. Mayor Grant thought experiencing a pandemic was not possible, but acknowledged one had occurred. Citizens must realize the realities of infectious disease and they have to plan. He announced the City Manager followed the Palm Beach County guidelines. Mayor Grant advised he had suggested instituting a curfew because they did not need to declare a state of emergency, but they had to create urgency due to the disconnect on the federal, state and county levels regarding masks and the lack of consistent direction. He thought it was difficult when the City Commission did not have the best information to move forward and there were a lot of missed opportunities to move forward with the City's Centennial year events. He thought it was tough to give someone wonderful remarks when wonderful things did not happen and commented the Commissioners have their own level of participation as elected officials. He wanted to be a more hands-on Mayor getting involved with the schools, non -profits, the businesses and answering the residents. Then they received information that City staff and the departments should direct everything to the City Manager or her office, which he thought was the correct procedure, as the Commission does not need to give department heads two different directions to move towards. He thought there was not enough information about how the City Manager interacts with all the City departments, which he listed. He suggested the City Commission develop a unified level of reporting from the City Manager to the different departments so they will know what is occurring and what will occur. Mayor Grant noted the City has a meeting on the Strategic Plan once a year and he requested receiving quarterly or biannual reports with these departments. He also thought the City Commission needed to do abetter job with the budget. Eleanor Krusell, Public Communications and Marketing Director, showed him an old newsletter before Funfare Magazine was created when the City would provide news stories, activities and businesses, which he thought the Commission may want to revisit in the future. They used to have a videographer before social media. He inquired if that was something they would want to consider funding to give the best content they can. He thought the City Commission needed to do more than having once -a -year meetings on strategic planning to show how they are sailing the ship. After discussing the matter with the City Manager, she was fine with the General Employees receiving raises above 2%, but he thought they should have a discussion how they get the reporting from all the different departments on a regular basis to see how many permits are in the queue and how many have been issued and how the employees are being proactive. 0 Page 244 of 456 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 Commissioner Katz commented the City Manager does a fine job, but he was not a big fan of these evaluations. In general, he thought the City has a high-quality City Manager and there were some unprecedented events, which the City navigated resulting in the City being relatively untouched. He saw newspaper reports from other County municipalities that had to trim deeper, which the City really did not have to do. There were other man-made issues that occurred during the year, and seeing the pandemic in general and crisis management, he learned a lot. He thought the City Manager moved swiftly and aptly and he appreciated her efforts. He supported Mayor Grant's comments about a discussion of some sort of unified reporting, although he had no complaints, but thought it was a good idea. Commissioner Hay agreed with the comments. He thought he has seen it on both sides and he appreciated a balanced budget and the way Ms. LaVerriere handles crisis. She has a passion for the City and she handles matters professionally. A discussion or workshop would be beneficial about the issues Mayor Grant referenced. He talked with other City Managers about issues they have, and Boynton Beach does not have those issues, which he attributed to the City's approach for problem solving. They are the third largest municipality in the County, but when looking at the issues that arise, it is low and it is from good management. He agreed with the comments with the discussion in the future. Vice Mayor Penserga spoke to Ms. LaVerriere and had their evaluation conference. He praised her where well deserved and what they did with the pandemic was well executed. He discussed with her where to get testing sites and he could not be happier with the City Manager and other managers on staff. He wanted to talk more about the reporting issues. They do provide a standard City Manager's report which was sporadic. He wanted to discuss a unified reporting system, which was a long-term goal of his. His biggest concern is today, the City has Ms. LaVerriere who is excellent as a city manager, but they will not have her forever and down the road, they may have staff that gives a somewhat acceptable level of performance. He wanted as much information as possible to help give them oversight to avoid problems before they start. If they do not know what is occurring, they cannot gauge the situation. In the future, he supported more information to have better oversight to catch things early. Commissioner Romelus explained she and Ms. LaVerriere got to know one another over the years. This past year, she recognized Ms. LaVerriere was a strong well-rounded leader, and in the midst of the storm, Ms. LaVerriere stepped up and asked for help when needed. All are imperfect human beings and she admitted when they needed help and how to implement a plan to improve situations. She supported succession plans and commented good operations stem from leaders at the top. She commended Ms. LaVerriere for the work she did this year and she thanked Ms. LaVerriere and City staff for all they do. The City is at a pinnacle of development in terms of a clean budget and growth and has set a vision where it wanted to go. There is always room for improvement and they know where they can improve based on feedback from the City Commission and the public. 0 Page 245 of 456 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 Ms. LaVerriere explained the reason why the City is successful is because of the team, staff and continuous, honest feedback. She announced her feelings would not be hurt if someone was unhappy with something that has happened. She encouraged all to keep the communication open because her job and passion is to do the best job she could for the City. She could not be prouder this year of the City's response to the pandemic and what it has done to the City in terms of reflection and the norms. The City's staff and team has been incredible in its ability to react, respond, change, improvise, rethink processes and continue services. They are fantastic and they are aware of areas that need to be improved. There will be a dashboard created, hopefully within a year, to enable the Commission to have all the data and reporting at their fingertips, which they are currently working on collecting and collating the information. The team holds each other up and supports one another. She loves her job and seeing the City transform. She urged all to keep the communication open. She is there to serve and they have a dedicated team of professionals. Motion Commissioner Hay moved to renew the contract with a 2% raise. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 12. Legal - None 13. Future Agenda Items A. Discuss attainable housing options for future development in Boynton Beach. December 15, 2020 B. ILA for Women's Club transfer to the City - December 15, 2020 C. Staff to provide Executive Summary of discussion on polystyrene foam waste reduction options that were discussed during at the November 17, 2020 City Commission meeting. - December 15, 2020 D. Recommendations from the Recreation & Parks Advisory Board for the naming of City facilities in the downtown/town square area will be presented to the City Commission for approval - December 15, 2020 E. Mayor Grant requested information on the water quality of canal systems within the City. - January 2021 F. ILA for Sara Sims Park Pavilion Improvements - February 2021 G. Vice Mayor Penserga requested a discussion regarding a City Mural Program -TBD 10 Page 246 of 456 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 H. Discussion on funding for expanding Wi-Fi to City parks. - TBD I. Discussion of LOI process for sale of city land - TBD J. Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU -C (Mixed -Use Core) with a master plan for 274 multi- family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. - TBD K. Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1 st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. - TBD L. Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8) -story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. - TBD 14. Adjournment Mayor Grant wanted the Commission to have a discussion of ATVs and what the City is doing for them and for recreational activities. Commissioner Katz requested a report from the Police Department. He did not support fostering ATVs in the City as all -terrain vehicles and thought off-road vehicles should not be used on roads. He thought the safest thing the City could do is to encourage safe and legal use only on appropriate terrain. Mayor Grant advised they would hear from the Police Chief. Ms. LaVerriere reminded all the Lighting will take place at the Kapok Tree at 7:00 p.m. Mr. McNally explained how the public could access the meeting. There being no further business to discuss, Mayor Grant adjourned the meeting at 6:37 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant 11 Page 247 of 456 Meeting Minutes City Commission Boynton Beach, Florida December 1, 2020 ATTEST: Crystal Gibson, MMC City Clerk Catherine Cherry Minutes Specialist 12 Vice Mayor — Ty Penserga Commissioner—Justin Katz Commissioner— Woodrow L. Hay Commissioner— Christina Romelus Page 248 of 456 Requested Action by Commission: Approve the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18. The Florida Sheriffs Association contracts meet the City's procurement requirements. Proposed Resolution No. R21-006 - Approve and authorize the City Manager to sign a piggyback agreement with Alan Jay for one (1) Chevy Silverado extended cab 4X4 for Utilities in the amount of $31,239.00, two (2) Chevy Silverado Crew Cab 4X4's for Utilities in the amount of $63,984.00, and one (1) Ford Transit Van for Police in the amount of $24,616.00. These units utilize the FSA20-VEL 28.0 contract. Proposed Resolution No. R21-007 - Approve and authorize the City Manager to sign a piggyback agreement with Duval Ford for two (2) Ford F-250 pickups for Utilities in the amount of $64,523.00, two (2) Ford F-350 dump trucks for Utilities in the amount of $93,887.00, two (2) Ford F-550 mechanic trucks for Utilities in the amount of $244,493.00, two (2) Ford F-350 4X4 service body trucks for Utilities in the amount of $93,171.00, one (1) Ford Transit van for Utilities in the amount of $48,207.00, and one (1) Ford Escape for Utilities in the amount of $28,742.00. These units utilize the FSA20-VEL28.0 and FSA20-VEH 18.0 contract. Proposed Resolution No. R21-008 - Approve and authorize the City Manager to sign a piggyback agreement with General GMC for two (2) Autocar Automated Side Loader Garbage trucks for the Solid Waste in the amount of $620,398.00. These units utilize the FSA20-VEH 18.0 contract. Proposed Resolution No. R21-009 - Approve and authorize the City Manager to sign a piggyback agreement with Palm Truck for one (1) Peterbilt Automated Side Loader Garbage truck for Solid Waste in the amount of $281,498.00. This unit utilizes the FSA20-VEh 18.0 contract. Proposed Resolution No. R21-010 - Approve and authorize the City Manager to sign a piggyback agreement with Southern Sewer for one (1) Peterbilt with Vaccon Sewer Vac system for Utilities in the amount of $490,617.00. This unit utilizes the FSA20-EQU 18.0 contract. Explanation of Request: The Fleet Manager recommends the purchase of eighteen (18) replacement vehicles. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. FSA20-VEL 28.0 (Effective October 1, 2020 — September 30, 2022), FSA20-VEH18 (Effective October 1, 2020 — September 30, 2022), and FSA20-EQU18 (Effective October 1, 2020 — September 30, 2023) The Fleet Maintenance Division intends to award the following vendor for purchases as follows (see attached Exhibits for vendor details): 1. Alan Jay for one (1) Chevy Silverado extended cab 4X4 for Utilities in the amount of $31,239.00, two (2) Chevy Silverado Crew Cab 4X4's for Utilities in the amount of $63,984.00, and one (1) Ford Transit Van for Police in the amount of $24,616.00. These units utilize the FSA20-VEL 28.0 contract. Page 249 of 456 2. Duval Ford for two (2) Ford F-250 pickups for Utilities in the amount of $64,523.00, two (2) Ford F-350 dump trucks for Utilities in the amount of $93,887.00, two (2) Ford F-550 mechanic trucks for Utilities in the amount of $244,493.00, two (2) Ford F-350 4X4 service body trucks for Utilities in the amount of $93,171.00, one (1) Ford Transit van for Utilities in the amount of $48,207.00, and one (1) Ford Escape for Utilities in the amount of $28,742.00. These units utilize the FSA20-VEL28.0 and FSA20- VEH 18.0 contract. 3. General GMC for two (2) Autocar Automated Side Loader Garbage trucks for the Solid Waste in the amount of $620,398.00. These units utilize the FSA20-VEH 18.0 contract. 4. Palm Truck for one (1) Peterbilt Automated Side Loader Garbage truck for Solid Waste in the amount of $281,498.00. This unit utilizes the FSA20-VEh 18.0 contract. 5. Southern Sewer for one (1) Peterbilt with Vaccon Sewer Vac system for Utilities in the amount of $490,617.00. This unit utilizes the FSA20-EQU 18.0 contract. How will this affect city programs or services? These vehicles will be used throughout the City to provide services to residents. Fiscal Impact: Budgeted Funding for these purchases are allocated in the fiscal year 20/21 fleet replacement budget and the utilities budget in account #'s: 501-2516-519.64-33 and 401-2821-536.64-33 Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Various Start Date: End Date: Contract Value: Minority Owned Contractor?: No Page 250 of 456 Extension Available?: No Extension Explanation: Attachments: Type Description D IRE)S()�I LA ti 0 111 IRE)SC)k.Atioin appiroviing piggy �ba(",,�l(Agir'E�'E�lirTIEsll'It with A�ain Jay F]E)E)t Sa�E)S DAg ir'E�'E) rTIE) III t Riggy �ba(�,Il(Agir'EsEslirTIEsii'it with Aain Jay for veftiCdbl PL.ArchaSE) D IRE)S()�I LA ti 0 111 IRE)SC)k.Atioin appiroviing piggy �ba(�,ISS Agir'E�'E�lirTIEsll'It with fl F:::oird DAg ir'E�'E) rTIE) III t Riggy ba(�,Il(Agir'EsEslirTIEsii'itwIit�h DL. V, -.fl F:::oird for ve,hicE) PL.ArchaSE) D IRE)S()�I LA ti 0 111 IRE)SC)k.Atioin appiroviing piggy �ba(",�l(Agir'E�'E�lirTIEsll'It with C:.,)E)I['IE)ir4� (3)MC DAgir'E�IENrTIENI'It Riggy ba(�,Il(Agir'EsEslirTIEsii'it with C:.,)E)I['IE)ir4(3)MC for ve,hicE) PL.ArchaSE) D I:RE)SC)kAtiC)I['I IRE)SC)k.Atioin appiroviing piggy �ba(�,Il(Agir'E�'E�lirTIEsll'It with Fla�irn F'E)tE)ir'biR DAgir'E�IENrTIENI'It Riggy ba(�,l(Agir'EsEslirTIEsii'it with Flaan F'E)tE)ir'biIIS for ve,hicE) PL.ArchaSE) D I:RE)SC)kAtiC)I['I IRE)SC)k.Atioin appiroviing piggy back agir'E)E)irTIE)I['It with SOLAChE)rin SE)WENr DAgir'E�IENrTIENI'It Riggy back Agir'E)E)irTIE)I['It with SOLAChEIrin SEw(..�,r D AttacftrTIENI'It AgE)inda BackLA�p VE)NiCJE) PLArchaSE)S IF:::Y2020 2021 Spir'E;adshE'E)t J all'Kiiary D QLA(.'. tE)S AgE)inda BackLAp VE)NicIE)S I iStEd:fll Aain Jay D QLA(.'. tE)S AgE)inda BackLAp VE)NiCJE)S I iStEd:92. DLAV,-.fl D QLAOtE)S AgE)inda BackLA�p VE)NiCJE) I iStEd:93 C:.,)E)I['IE)ir4� (':) M C D QLA(.'.tE)S AgE)inda BackLA�p VE)NiCJE) I iStEd:94 Fla�irn Tir'LACk D QLAOtE)S AgE)inda BackLA�p VE)NiCJE) I iStEd:95 SOLAChE)rin S E)WENr Page 251 of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A PIGGY -BACK AGREEMENT WITH ALAN JAY AUTOMOTIVE MANAGEMENT, INC., D/B/A ALAN JAY FLEET SALES FOR ONE (1) CHEVY SILVERADO EXTENDED CAB 4X4 FOR UTILITIES IN THE AMOUNT OF $31,239.00, TWO (2) CHEVY SILVERADO CREW CAB 4X4'S FOR UTILITIES IN THE AMOUNT OF $63,984.00, AND ONE (1) FORD TRANSIT VAN FOR POLICE IN THE AMOUNT OF $24,616.00 ALL UTILIZING THE FSA20-VEL 28.0 CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fleet Manager recommends the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18 which contracts meet the City's procurement requirements; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign a piggy back agreement with Alan Jay Automotive Management, Inc., d/b/a Alan Jay Fleet Sales which approval shall be subject to the final approval by the City Attorney, for one (1) Chevy Silverado extended cab 4X4 for Utilities in the amount of $31,239.00, two (2) Chevy Silverado Crew Cab 4X4's for Utilities in the amount of $63,984.00, and one (1) Ford Transit Van for Police in the amount of $24,616.00. These units utilize the FSA20-VEL 28.0 contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RBSO\Agreements\Piggy-Back - With Alan Jay (Purchase 4 Vehicles) - Reso.Docx Page 252 of 456 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 31 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 32 Section 2. The City Commission of the City of Boynton Beach hereby approves 33 and authorizes the City Manager to sign a piggy back agreement with Alan Jay Automotive 34 Management, Inc., d/b/a Alan Jay Fleet Sales which approval shall be subject to the final 35 approval by the City Attorney, for one (1) Chevy Silverado extended cab 4X4 for Utilities in 36 the amount of $31,239.00, two (2) Chevy Silverado Crew Cab 4X4's for Utilities in the amount 37 of $63,984.00, and one (1) Ford Transit Van for Police in the amount of $24,616.00. These 38 units utilize the FSA20-VEL 28.0 contract, subject to the final approval by the City Attorney. 39 Section 3. A copy of the piggy -back Agreement is attached hereto as Exhibit "A", 40 and shall be signed by the City Manager once approved by the City Attorney. 41 Section 4. That this Resolution shall become effective immediately upon passage. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 PASSED AND ADOPTED this day of January, 2021. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RBSO\Agreements\Piggy-Back - With Alan Jay (Purchase 4 Vehicles) - Reso.Docx Page 253 of 456 VEHICLE PURCHASE AGREEMENT This Agreement is made as of this day of , 2021 by and between ALAN JAY AUTOMOTIVE MANAGEMENT, INC., D/B/A ALAN JAY FLEET SALES, a Florida corporation with a principal place of business at 2003 U.S. 27 South, Sebring, FL 33870 ("ALAN JAY" or "Vendor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, the City of Boynton Beach Fleet Manager is recommending the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18. The Florida Sheriffs Association contracts meet the City's procurement requirements; and WHEREAS, The City of Boynton Beach will be purchasing the following vehicle from ALAN JAY AUTOMOTIVE MANAGEMENT, INC., D/B/A ALAN JAY FLEET SALES for one (1) Chevy Silverado extended cab 4X4 for Utilities in the amount of $31,239.00, two (2) Chevy Silverado Crew Cab 4X4's for Utilities in the amount of $63,984.00, and one (1) Ford Transit Van for Police in the amount of $24,616.00. These units utilize the FSA20-VEL 28.0 contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and ALAN JAY agree that ALAN JAY shall provide with the same terms, conditions, specifications and pricing based on Florida Sheriffs Association contract, a copy of which is attached hereto as Exhibit "A", with the maximum anticipated expenditure under this contract expected to be approximately $119,839.00, except as hereinafter provided: A. All references to Florida Sheriffs Association, shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Alan Jay Fleet Sales (4 Vehicles).Docx Page 254 of 456 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. In addition to the City Purchase Order General Terms and Conditions and Supplemental Terms and Conditions, the following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Vendor certifies that Vendor is not participating in a boycott of Israel. Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Vendor of the City's determination concerning the false certification. Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term, Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: Page 2 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Alan Jay Fleet Sales (4 Vehicles).Docx Page 255 of 456 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Vendor shall transfer to the CITY, at no cost to the CITY, all public records in Vendor's possession All records stored electronically by Vendor 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. 5) IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK P.O. BOX 310 BOYNTON BEACH, FL, 33425 561-742-6061 CITYCLERK@BBFL.US Section 3. In the event that the Florida Sheriffs Association Contract is amended, or terminated, ALAN JAY shall notify the City within ten (10) days. In the event the Florida Sheriffs Association Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. ALAN JAY agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Alan Jay Fleet Sales (4 Vehicles).Docx Page 256 of 456 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects, the terms and conditions of the Florida Sheriffs Association Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: Crystal Gibson, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WITNESSES: CITY OF BOYNTON BEACH, FLORIDA Lota Lori LaVerriere, City Manager ALAN JAY AUTOMOTIVE MANAGEMENT, INC., D/B/A ALAN JAY FLEET SALES BY: Print Name: Title: Page 4 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Alan Jay Fleet Sales (4 Vehicles).Docx Page 257 of 456 EXHIBIT A CONTRACT BETWEEN FLORIDA SHERIFFS ASSOCIATION AND ALAN JAY AUTOMOTIVE MANAGEMENT, INC., D/B/A ALAN JAY FLEET SALES Page 5 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Alan Jay Fleet Sales (4 Vehicles).Docx Page 258 Of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A PIGGY -BACK AGREEMENT WITH DUVAL FORD, LLC., FOR TWO (2) FORD F-250 PICKUPS FOR UTILITIES IN THE AMOUNT OF $64,523.00, TWO (2) FORD F-350 DUMP TRUCKS FOR UTILITIES IN THE AMOUNT OF $93,887.00, TWO (2) FORD F-550 MECHANIC TRUCKS FOR UTILITIES IN THE AMOUNT OF $244,493.00, TWO (2) FORD F-350 4X4 SERVICE BODY TRUCKS FOR UTILITIES IN THE AMOUNT OF $93,171.00, ONE (1) FORD TRANSIT VAN FOR UTILITIES IN THE AMOUNT OF $48,207.00, AND ONE (1) FORD ESCAPE FOR UTILITIES IN THE AMOUNT OF $28,742.00, UTILIZING THE FSA20-VEL28.0 AND FSA20-VEH 18.0 CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fleet Manager recommends the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18 which contracts meet the City's procurement requirements; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign a piggy back agreement with Duval Ford, LLC., for two (2) Ford F-250 pickups for Utilities in the amount of $64,523.00, two (2) Ford F-350 dump trucks for Utilities in the amount of $93,887.00, two (2) Ford F-550 mechanic trucks for Utilities in the amount of $244,493.00, two (2) Ford F-350 4X4 service body trucks for Utilities in the amount of $93,171.00, one (1) Ford Transit van for Utilities in the amount of $48,207.00, and one (1) Ford Escape for Utilities in the amount of $28,742.00 utilizing the FSA20-VEL28.0 and FSA20-VEH 18.0 contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RBSO\Agreements\Piggy-Back - With Duval (Purchase 10 Vehicles) - Reso.Docx Page 259 of 456 34 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 35 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 36 Section 2. The City Commission of the City of Boynton Beach hereby approves 37 and authorizes the City Manager to sign a piggy back agreement with Duval Ford, LLC., for 38 two (2) Ford F-250 pickups for Utilities in the amount of $64,523.00, two (2) Ford F-350 dump 39 trucks for Utilities in the amount of $93,887.00, two (2) Ford F-550 mechanic trucks for 40 Utilities in the amount of $244,493.00, two (2) Ford F-350 4X4 service body trucks for Utilities 41 in the amount of $93,171.00, one (1) Ford Transit van for Utilities in the amount of $48,207.00, 42 and one (1) Ford Escape for Utilities in the amount of $28,742.00 utilizing the FSA20- 43 VEL28.0 and FSA20-VEH 18.0 contract, subject to the final approval by the City Attorney. 44 Section 3. A copy of the piggy -back Agreement is attached hereto as Exhibit "A", 45 and shall be signed by the City Manager once approved by the City Attorney. 46 Section 4. That this Resolution shall become effective immediately upon passage. 47 PASSED AND ADOPTED this day of January, 2021. 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RBSO\Agreements\Piggy-Back- With Duval (Purchase 10 Vehicles) - Reso.Docx Page 260 of 456 VEHICLE PURCHASE AGREEMENT This Agreement is made as of this day of , 2021 by and between DUVAL FORD, LLC.,, a Florida Limited Liability Corporation with a principal place of business at 5203 Waterside Drive, Jaxsonville, FL 32210 ("DUVAL" or "Vendor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, the City of Boynton Beach Fleet Manager is recommending the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18. The Florida Sheriffs Association contracts meet the City's procurement requirements; and WHEREAS, The City of Boynton Beach will be purchasing the following vehicle from DUVAL FORD, LLC., for two (2) Ford F-250 pickups for Utilities in the amount of $64,523.00, two (2) Ford F-350 dump trucks for Utilities in the amount of $93,887.00, two (2) Ford F-550 mechanic trucks for Utilities in the amount of $244,493.00, two (2) Ford F-350 4X4 service body trucks for Utilities in the amount of $93,171.00, one (1) Ford Transit van for Utilities in the amount of $48,207.00, and one (1) Ford Escape for Utilities in the amount of $28,742.00. These units utilize the FSA20-VEL28.0 and FSA20-VEH 18.0 contract. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and DUVAL agree that DUVAL shall provide with the same terms, conditions, specifications and pricing based on Florida Sheriffs Association contract, a copy of which is attached hereto as Exhibit "A", with the maximum anticipated expenditure under this contract expected to be approximately $573,123.00, except as hereinafter provided: A. All references to Florida Sheriffs Association, shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Duval Ford (10 Vehicles).Docx Page 261 of 456 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. In addition to the City Purchase Order General Terms and Conditions and Supplemental Terms and Conditions, the following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Vendor certifies that Vendor is not participating in a boycott of Israel. Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Vendor of the City's determination concerning the false certification. Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term, Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: Page 2 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Duval Ford (10 Vehicles).Docx Page 262 of 456 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Vendor shall transfer to the CITY, at no cost to the CITY, all public records in Vendor's possession All records stored electronically by Vendor 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. 5) IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK P.O. BOX 310 BOYNTON BEACH, FL, 33425 561-742-6061 CITYCLERK@BBFL.US Section 3. In the event that the Florida Sheriffs Association Contract is amended, or terminated, DUVAL shall notify the City within ten (10) days. In the event the Florida Sheriffs Association Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. DUVAL agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Duval Ford (10 Vehicles).Docx Page 263 of 456 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects, the terms and conditions of the Florida Sheriffs Association Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: Crystal Gibson, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WITNESSES: CITY OF BOYNTON BEACH, FLORIDA Lota Lori LaVerriere, City Manager DUVAL FORD, LLC., BY: Print Name: Title: Page 4 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Duval Ford (10 Vehicles).Docx Page 264 of 456 EXHIBIT A CONTRACT BETWEEN FLORIDA SHERIFFS ASSOCIATION AND DUVAL FORD, LLC., Page 5 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Duval Ford (10 Vehicles).Docx Page 265 Of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A PIGGY -BACK AGREEMENT WITH GENERAL GM TRUCK SALES & SERVICE, INC., D/B/A VOLVO TRUCKS OF PALM BEACH FOR TWO (2) AUTOCAR AUTOMATED SIDE LOADER GARBAGE TRUCKS FOR THE SOLID WASTE IN THE AMOUNT OF $620,398.00 UTILIZING THE FSA20-VEH 18.0 CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fleet Manager recommends the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18 which contracts meet the City's procurement requirements; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign a piggy back agreement with General GM Truck Sales & Service, Inc., d/b/a Volvo Trucks of Palm Beach for two (2) Autocar Automated Side Loader Garbage trucks for the Solid Waste in the amount of $620,398.00 utilizing the FSA20-VEH 18.0 contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves and authorizes the City Manager to sign a piggy back agreement with General GM Truck Sales & Service, Inc., d/b/a Volvo Trucks of Palm Beach for two (2) Autocar Automated Side S:ACA\RBSO\Agreements\Piggy-Back - With General GMC (Purchase 2 Vehicles) - Reso.Docx Page 266 of 456 31 Loader Garbage trucks for the Solid Waste in the amount of $620,398.00 utilizing the FSA20- 32 VEH 18.0 contract, subject to the final approval by the City Attorney. 33 Section 3. A copy of the piggy -back Agreement is attached hereto as Exhibit "A", 34 and shall be signed by the City Manager once approved by the City Attorney. 35 Section 4. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of January, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 Mayor — Steven B. Grant 40 41 Vice Mayor — Ty Penserga 42 43 Commissioner — Justin Katz 44 45 Commissioner — Woodrow L. Hay 46 47 Commissioner — Christina L. Romelus 48 49 VOTE 5o ATTEST: 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 (Corporate Seal) S:ACA\RBSO\Agreements\Piggy-Back- With General GMC (Purchase 2 Vehicles) - Reso.Docx Page 267 of 456 VEHICLE PURCHASE AGREEMENT This Agreement is made as of this day of , 2021 by and between GENERAL GMC TRUCK SALES & SERVICE, INC., D/B/A VOLVO TRUCKS OF PALM BEACH„ a Florida corporation with a principal place of business at 360 South Military Trail, West Palm Beach, FL 33415 ("GENERAL GMC" or "Vendor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, the City of Boynton Beach Fleet Manager is recommending the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18. The Florida Sheriffs Association contracts meet the City's procurement requirements; and WHEREAS, The City of Boynton Beach will be purchasing the following vehicle from GENERAL GMC TRUCK SALES & SERVICE, INC., D/B/A VOLVO TRUCKS OF PALM BEACH, for two (2) Autocar Automated Side Loader Garbage trucks for the Solid Waste in the amount of $620,398.00. These units utilize the FSA20-VEH 18.0 contract. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and GENERAL GMC agree that GENERAL GMC shall provide with the same terms, conditions, specifications and pricing based on Florida Sheriffs Association contract, a copy of which is attached hereto as Exhibit "A", with the maximum anticipated expenditure under this contract expected to be approximately $620,398.00, except as hereinafter provided: A. All references to Florida Sheriffs Association, shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 S:ACA\AGMTS\PiggybackAgreement (Florida Sheriff) With General GMC (2 Vehicles).Docx Page 268 of 456 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. In addition to the City Purchase Order General Terms and Conditions and Supplemental Terms and Conditions, the following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Vendor certifies that Vendor is not participating in a boycott of Israel. Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Vendor of the City's determination concerning the false certification. Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term, Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: Page 2 S:ACA\AGMTS\PiggybackAgreement (Florida Sheriff) With General GMC (2 Vehicles).Docx Page 269 of 456 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Vendor shall transfer to the CITY, at no cost to the CITY, all public records in Vendor's possession All records stored electronically by Vendor 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. 5) IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK P.O. BOX 310 BOYNTON BEACH, FL, 33425 561-742-6061 CITYCLERK@BBFL.US Section 3. In the event that the Florida Sheriffs Association Contract is amended, or terminated, GENERAL GMC shall notify the City within ten (10) days. In the event the Florida Sheriffs Association Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. GENERAL GMC agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 S:ACA\AGMTS\PiggybackAgreement (Florida Sheriff) With General GMC (2 Vehicles).Docx Page 270 of 456 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects, the terms and conditions of the Florida Sheriffs Association Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: Crystal Gibson, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WITNESSES: CITY OF BOYNTON BEACH, FLORIDA Lota Lori LaVerriere, City Manager GENERAL GMC TRUCK SALES & SERVICE, INC., D/B/A VOLVO TRUCKS OF PALM BEACH, BY: Print Name: Title: Page 4 S:ACA\AGMTS\PiggybackAgreement (Florida Sheriff) With General GMC (2 Vehicles).Docx Page 271 of 456 EXHIBIT A CONTRACT BETWEEN FLORIDA SHERIFFS ASSOCIATION AND GENERAL GMC TRUCK SALES & SERVICE, INC., D/B/A VOLVO TRUCKS OF PALM BEACH, Page 5 S:ACA\AGMTS\PiggybackAgreement (Florida Sheriff) With General GMC (2 Vehicles).Docx Page 272 Of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A PIGGY -BACK AGREEMENT WITH PALM PETERBILT TRUCK CENTERS, INC., FOR ONE (1) PETERBILT AUTOMATED SIDE LOADER GARBAGE TRUCK FOR SOLID WASTE IN THE AMOUNT OF $281,498.00 UTILIZING THE FSA20-VEH 18.0 CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fleet Manager recommends the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18 which contracts meet the City's procurement requirements; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign a piggy back agreement with Palm Peterbilt Truck Centers, Inc., for one (1) Peterbilt Automated Side Loader Garbage truck for Solid Waste in the amount of $281,498.00 utilizing the FSA20-VEh 18.0 contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves and authorizes the City Manager to sign a piggy back agreement with Palm Peterbilt Truck Centers, Inc., for one (1) Peterbilt Automated Side Loader Garbage truck for Solid Waste in the amount of $281,498.00 utilizing the FSA20-VEh 18.0 contract, subjectto the final approval by the City Attorney. S:ACA\RBSO\Agreements\Piggy-Back - With Palm Truck (Purchase 1 Vehicle) - Reso.Docx Page 273 of 456 31 Section 3. A copy of the piggy -back Agreement is attached hereto as Exhibit "A", 32 and shall be signed by the City Manager once approved by the City Attorney. 33 Section 4. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of January, 2021. 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 Mayor — Steven B. Grant 38 39 Vice Mayor — Ty Penserga 40 41 Commissioner — Justin Katz 42 43 Commissioner — Woodrow L. Hay 44 45 Commissioner — Christina L. Romelus 46 47 VOTE 48 ATTEST: 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 (Corporate Seal) S:ACA\RBSO\Agreements\Piggy-Back - With Palm Truck (Purchase 1 Vehicle) - Reso.Docx Page 274 of 456 VEHICLES PURCHASE AGREEMENT This Agreement is made as of this day of , 2021 by and between PALM PETERBILT TRUCK CENTERS, INC.,, a Florida corporation with a principal place of business at 2441 South State Road 7, Fort Lauderdale, FL 33317 ("PALM PETERBILT" or "Vendor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, the City of Boynton Beach Fleet Manager is recommending the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18. The Florida Sheriffs Association contracts meet the City's procurement requirements; and WHEREAS, The City of Boynton Beach will be purchasing the following vehicle from PALM PETERBILT TRUCK CENTERS, INC., for one (1) Peterbilt Automated Side Loader Garbage truck for Solid Waste in the amount of $281,498.00. This unit utilizes the FSA20-VEh 18.0 contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and PALM PETERBILT agree that PALM PETERBILT shall provide with the same terms, conditions, specifications and pricing based on Florida Sheriffs Association contract, a copy of which is attached hereto as Exhibit "A", with the maximum anticipated expenditure under this contract expected to be approximately $281,498.00, except as hereinafter provided: A. All references to Florida Sheriffs Association, shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Palm Peterbilt (1 Vehicle).Docx Page 275 of 456 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. In addition to the City Purchase Order General Terms and Conditions and Supplemental Terms and Conditions, the following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Vendor certifies that Vendor is not participating in a boycott of Israel. Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Vendor of the City's determination concerning the false certification. Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term, Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: Page 2 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Palm Peterbilt (1 Vehicle).Docx Page 276 of 456 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Vendor shall transfer to the CITY, at no cost to the CITY, all public records in Vendor's possession All records stored electronically by Vendor 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. 5) IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK P.O. BOX 310 BOYNTON BEACH, FL, 33425 561-742-6061 CITYCLERK@BBFL.US Section 3. In the event that the Florida Sheriffs Association Contract is amended, or terminated, PALM PETERBILT shall notify the City within ten (10) days. In the event the Florida Sheriffs Association Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. PALM PETERBILT agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Palm Peterbilt (1 Vehicle).Docx Page 277 of 456 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects, the terms and conditions of the Florida Sheriffs Association Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: Crystal Gibson, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WITNESSES: CITY OF BOYNTON BEACH, FLORIDA Lota Lori LaVerriere, City Manager PALM PETERBILT TRUCK CENTERS, INC., BY: Print Name: Title: Page 4 S:ACA\AGMTS\PiggybackAgreement (Florida Sheriff) With Palm Peterbilt (I Vehicle).Docx Page 278 of 456 EXHIBIT A CONTRACT BETWEEN FLORIDA SHERIFFS ASSOCIATION AND PALM PETERBILT TRUCK CENTERS, INC., Page 5 S:ACA\AGMTS\Piggyback Agreement (Florida Sheriff) With Palm Peterbilt (1 Vehicle).Docx Page 279 Of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A PIGGY -BACK AGREEMENT WITH SOUTHERN SEWER EQUIPMENT SALES AND SERVICE, INC., FOR ONE (1) PETERBILT WITH VACCON SEWER VAC SYSTEM FOR UTILITIES IN THE AMOUNT OF $490,617.00 UTILIZING THE FSA20-EQU 18.0 CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fleet Manager recommends the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18 which contracts meet the City's procurement requirements; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign a piggy back agreement with Southern Sewer Equipment Sales and Service, Inc., for one (1) Peterbilt with Vaccon Sewer Vac system for Utilities in the amount of $490,617.00 utilizing the FSA20-EQU 18.0 23 contract. 24 25 26 27 28 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves and authorizes the City Manager to sign a piggy back agreement with Southern Sewer Equipment Sales and Service, Inc., for one (1) Peterbilt with Vaccon Sewer Vac system for S:ACA\RBSO\Agreements\Piggy-Back - With Southern Sewer (Purchase 1 Vehicle) - Reso.Docx Page 280 of 456 31 Utilities in the amount of $490,617.00 utilizing the FSA20-EQU 18.0 contract, subject to the 32 final approval by the City Attorney. 33 Section 3. A copy of the piggy -back Agreement is attached hereto as Exhibit "A", 34 and shall be signed by the City Manager once approved by the City Attorney. 35 Section 4. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of January, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 Mayor — Steven B. Grant 40 41 Vice Mayor — Ty Penserga 42 43 Commissioner — Justin Katz 44 45 Commissioner — Woodrow L. Hay 46 47 Commissioner — Christina L. Romelus 48 49 VOTE 5o ATTEST: 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 (Corporate Seal) S:ACA\RBSO\Agreements\Piggy-Back- With Southern Sewer (Purchase 1 Vehicle) - Reso.Docx Page 281 of 456 VEHICLE PURCHASE AGREEMENT This Agreement is made as of this day of , 2021 by and between SOUTHERN SEWER EQUIPMENT SALES & SERVICE, INC.,, a Florida corporation with a principal place of business at 3409 Industrial 27h Street, Fort Pierce, FL 34946 ("SOUTHERN SEWER" or "Vendor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, the City of Boynton Beach Fleet Manager is recommending the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18. The Florida Sheriffs Association contracts meet the City's procurement requirements; and WHEREAS, The City of Boynton Beach will be purchasing the following vehicle from SOUTHERN SEWER EQUIPMENT SALES & SERVICE, INC., for one (1) Peterbilt with Vaccon Sewer Vac system for Utilities in the amount of $490,617.00. This unit utilizes the FSA20- EQU 18.0 contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and SOUTHERN SEWER agree that SOUTHERN SEWER shall provide with the same terms, conditions, specifications and pricing based on Florida Sheriffs Association contract, a copy of which is attached hereto as Exhibit "A", with the maximum anticipated expenditure under this contract expected to be approximately $490,617.00, except as hereinafter provided: A. All references to Florida Sheriffs Association, shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 S:ACA\AGMTS\PiggybackAgreement (Florida Sheriff) With Southern Sewer (1 Vehicle).Docx Page 282 of 456 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. In addition to the City Purchase Order General Terms and Conditions and Supplemental Terms and Conditions, the following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Vendor certifies that Vendor is not participating in a boycott of Israel. Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Vendor of the City's determination concerning the false certification. Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term, Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: Page 2 S:ACA\AGMTS\PiggybackAgreement (Florida Sheriff) With Southern Sewer (1 Vehicle).Docx Page 283 of 456 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Vendor shall transfer to the CITY, at no cost to the CITY, all public records in Vendor's possession All records stored electronically by Vendor 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. 5) IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK P.O. BOX 310 BOYNTON BEACH, FL, 33425 561-742-6061 CITYCLERK@BBFL.US Section 3. In the event that the Florida Sheriffs Association Contract is amended, or terminated, SOUTHERN SEWER shall notify the City within ten (10) days. In the event the Florida Sheriffs Association Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. SOUTHERN SEWER agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 S:ACA\AGMTS\PiggybackAgreement (Florida Sheriff) With Southern Sewer (1 Vehicle).Docx Page 284 of 456 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects, the terms and conditions of the Florida Sheriffs Association Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: Crystal Gibson, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WITNESSES: CITY OF BOYNTON BEACH, FLORIDA Lota Lori LaVerriere, City Manager SOUTHERN SEWER EQUIPMENT SALES & SERVICE, INC., BY: Print Name: Title: Page 4 S:ACA\AGMTS\PiggybackAgreement (Florida Sheriff) With Southern Sewer (1 Vehicle).Docx Page 285 of 456 EXHIBIT A CONTRACT BETWEEN FLORIDA SHERIFFS ASSOCIATION AND SOUTHERN SEWER EQUIPMENT SALES & SERVICE, INC., Page 5 S:ACA\AGMTS\PiggybackAgreement (Florida Sheriff) With Southern Sewer (1 Vehicle).Docx Page 286 Of 456 Fleet Vehicles Purchased FY2020-2021 CAUseslDarlyWlDocuments%Copy of Copy of Fleet Vehicle Purchases FY2020-2021 January2020 Page 287 of 456 1of2 12/17/2020 The Florida Sheriffs Association T (https://www.facebook.com/floridasheriffsassociationl §0 (https://twitter.com/FLSheriffs) FLORIDA SHERIFFS (https://www.flsheriffs.org/ Become a Member (https://membership.flsheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today (https://membership.fisheriffs.org/Membership-LP.htmi) Renew Membership (https://membership.fisheriffs.orglMembership-LP.html#Choose) PURCHASING << Back to Main Purchasing Page (https://www.fisheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FSA20-VEL28.0 PURSUIT, ADMINISTRATIVE, OTHER VEHICLES Contract Term: October 9, 2020 — September 30, 2022 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible* agencies. While most agencies purchasing from our contracts are IV https://www.flsheriffs,orgliaw-enforcement-programs/purchasing/fsa2Ove[28 Page 288 of 4t5,� PCL XL error Error: ILlegalOperatorSequence Operator: ReadImage Position: 24136 Page 289 of 456 / �'/% i � �r//� ��/ ✓�/ � , rte �i 1, , y/ � �/,� Call Usfirst, for ofyour Fleet Automotive, & Light Truck needs. Quote PHONEJ! (252-6529) r i WWW.ALANJAY.COM 282094" 2003 U.S. 27 South Sebring, FL 33870 MOBILE 904-838-4999 FAX 863402-4221 P.O. BOX 9200 Sebring, FL 33871-9200 ORIGINA10261 020 DATE QUICK QUOTE SHEET REVISE® 62020 DATE REQUESTING AGENCY BOYNTON BEACH,, CITY OF .............. CONTACT PERSON WILLIAM DARTY EMAIL Da ywi@o bbfl.us PHONE 561-742-6215 MOBILE FAX FLORIDA SHERIFF'S ASSOCIATION BID #'s FSA20-VEL28.0 www.fisheriffs.org MODEL CK107531WT SPECIFICATION# 186 2021 CHEVY SILVERADO 1500 DOUBLE CAB 4WD 6.5' BED WORK PAGE # na TRUCK 147" 1VB CUSTOMER ID BASE DISTRICT PRICE $23.978.00 "All vehicles will be ordered white w/ darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION GAZ H 2 EXTERIOR COLOR SUMMIT WHITE WITH JET BLACK VINYL INTERIOR. $0.00 LV3 MYC 4.3L ECOTEC V6 WITH 6 -SPD AUTO TRANS $0.00 8S3 FACTORY BACK UP ALARM ------------------ --------------- $137.00 VK3 ------------------ FRONT LICENSE PLATE BRACKET FACTORY ORDERED --------- $0.00 BUC FACTORY BACK UP CAMERA(STD)• $0.00 Z82 Trailering Package includes trailer hitch, 7 -pin and 4 -pin connectors and (CTT) Hitch Guidance $394.00 FACTORY OPTIONS $531.00 CONTRACT OPTIONS DESCRIPTION NEW -TAG New CITY tag Includes temp tag & two way overnight shipping for signature. $315.00 3KR Additional key and remote, cut and programmed. ----------------------------------------------------------------------- $240.00 R-N-L SHORT - Roll N Lock cover, short box (Toyota / Nissan / Ford only)- - - - ----- --- --- - -- - - -- ---- --------------- ---- $1,830.00 HDSDBSHHD ----------------------- Scorpion spray on bed liner{short bed) under rail. -------------------------------------------------------------------- ---- $615.00 --W-LI-BE RTY54-AA --------------------------- Whelen 54" Liberty II solo light bar, Amber, with adjustable feet & strap kit. -------------------- $2,555.00 NOTE LIGHTBAR TO BE AMBER WHITE, ALTERNATING COLORS ------------------ ------------------------- $0.00 806-1210-PU XANTREX 1000W pure sine inverter mounted behind front passenger seat or under rear passenger seat with ignition -------------------- $725.00 sourced remote / user control mounted on dash mounted on dash. (Alternate mounting location may be required due to clearance.) Includes freight and installation, appropriate gauge wire for distance from battery, heat shrink connectors and wire loom. RAM-VB-195-SW1 RAM universal laptop mounting kit with universal cradle. $450.00 ----------------------- - _ - ______------------ ..... ........................................................................................... CONTRACT OPTIONS ..._....................... $6,730.00 TRADE INTOTAL COST 531239.00 _ �--, _ ......... T 77 YES INE TAKE TRAQ IM1I$ ""'"" ASK AQC►,11T MUN1ClPA� FlN�4MGING ^^�^' $0.00 �.... _..... ......... TOTAL COST LESS TRADE IN(S) QTY 1 $31,239.00 Estimated Annual payments for 60 months paid in advance: $6,996.25 Municpal finance for any essential use vehicle, requires lender pravaI, WAC. VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER christy.self@alaniay.com 1 Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time. 1 am always happy to be of assistance. FSA-BOYNTON BEACH, CITY OF-CK10753 1WT_28209-2_Quote.PDF Page 1 of 1 Page 290 of 456 m I RWM 0) (n U) w an in U) en cn U) w C/) c:c:c cc_r_ c c c CIZE: 0 0 0 0 0 .0 .0 U .0 .0 .0 .0 .0 = = = = H UL _0 _0 ca 10 m co In cc 00 ca on cc co no MD CD 0 r C:;; C."..'a CD CD -.) in C) Q6 06 ai f. 6Od rci 00 . ^n..... [I- IN- CO I,_ N,`- 11'.- U') rl- LO C_I C:> U') cc CD -r 00 m CD (D LI) (D E C"J CIJ 01,11 (NI 01.1 011 IN 04 CL CL CL V,� 4b'D- Y4- V� fA. Wy U) U) (1)- U) U), (0 Page 291 of 456 C) Q LI) (D E 2.) CL CL En 2�e �0 -6 M alp > OU1 CU. kN.;b a, �. CIS a) C) (D 0 as 0) 0 C—) 0 b aL0 0 R5 ca > > > z 05 M 0 < In a cc < 0 er Q) CD W CD 0 al >.. ... .... . cu c 1= m c 1= m i:::::, U- a- et, <,( EL OL 0 N 3 Page 291 of 456 Call Us first, for all of your Fleet Automotive, & Light Truck need& Quote PHONE (800) ALANJAY (252-6529) DIRECT 863-385-9610 WWW.ALANJAY.COM 28341-1 _ Corporate ,[2003 U.S. 27 South MOBILE 904-838.4999 Mailing P.O. BOX 9200 ............ .M._. Offlce, ( Sebring, FL 33870 FAX 863-402-4221 gtlarassi Sebring, FL 33871-9200 ORIGINA101301 020 QUOTE ATE QUICK QUOT SHEET REVIS101302020 ED QUOTE HDATE REQUESTING AGENCY BOYNTON BEAC, CITY OF ■ CONTACT PERSON WILLIAM DARTY EMAIL Dartn@Ubfl.us rrIUNt7 401-144-941a MublLt FAX FLORIDA SHERIFF'S ASSOCIATION BID #'s FSA20-VEL28.0 www.fisheriffs.or MODEL CK10543 SPECIFICATION # 182 2021 CHEVY SILVERADO 1500 CREW CAB 1WT-4WD PAGE # NA CUSTOMER ID BASE DISTRICT PRICE S26.138.00 ** All vehicles will be ordered white wl darkest interior unless clearly stated otherwise on purchase order FACTORY OPTIONS DESCRIPTION GAZ H2G -7777----7777--7777-- EXTERIOR COLOR SUMMIT WHITE WITH JET BLACK VINYL INTERIOR. --------------------------------------------------------------------------7777- ------7777------------- $0.00 -------------------- LV3 MYC ---------------------- 4.3L ECOTEC V6 WITH 6 -SPD AUTO TRANS -------------------- ----------------------------------------------------------------------------------------- $0.00 -------------------- Z82 � ------------------ Trailering Package includestrailer hitch, 7 -pin and 4 -pin connectors and {CTT) Hitch Guidance - - ------------------------------------------------------------- --TORY- -RA(S $394.00 ----- BUC ----------------------- A CA D). FACTORY BACK UP CAMERA------ ----------------------------------7777--------------7777---7777-- -- -------------------------------------------7777-7777-- $0.00 -------------------- DTR 77 ---7777---------77,- DAYTIME RUNNING LAPS -- ---- ---- M .. - -- - 7777-- 77777777------- $0.00 ............. . FACTORY OPTIONS $394.00 CONTRACT OPTIONS DESCRIPTION NEW -TAG -- ------------ New CITY tag Includes temp tag & two way overnight shipping for signature. - ------------------------------------------------------------------7777- 7777-7777- $315.00 RAM -VB -195 -SWI RAM universal laptop mounting kit with universal cradle. - - $450.00 ----------------------- ATB -I8 -LP ----------------------- ------------------ ------------------------------------------------------------------ HD Aluminum tool box with low -profile single lid and 18" depth. ------------------------------------------------------------------------------------------------------------- --------------------'' $560.00 HII 106 SH HD Scorpion spray on bed liner (short bed) under rail. ------------------------------------------------------------------------------------------------------------------- -------------------- $615.00 ------------------- W LIBERTYS4-AA .-----------------7777-- Whelen 54" Li berry 11 solo light bar, Amber, with adjustable feet & strap kit. ----------------------------------------------------------------------------7777-7777---------------777777777777-- $2,555.00 -----7777-----7777-- 806-1210-PU XANTREX 1000W pure sine inverter mounted behind front passenger seat or under rear passenger seat with ignition $725.00 sourced remote / user control mounted on dash mounted on dash. (Alternate mounting location may be required due to clearance.) Includes freight and installation, appropriate gauge wire for distance from battery, heat shrink connectors and wire loom. ------------------------ 3KR ----------------- ---------------------------------- I ----------- -------------- Additional key and remote, cut and programmed. -------------------- $240.00 CONTRACT OPTIONS ..... $5,460.00 VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER christy.self(a"7alaniay.com 7 Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time. I am always happy to be of assistance. FSA-BOYNTON BEACH, CITY OF-CK10543_283414_Quote.PDF Page 1 of 1 Page 292 of 456 u m LL Hr LL cc 00 ca on m In co Im m Do co 00 0 0 0 0 o Q Q Q Q Q o Q Q Q O o Q 0 o Q a o 0 0 I- a0 cO 00 ti cD c0 ti N OD N ti N M Ob M N OD M N O CO O CV d C' N ti CO N CQ Q N" C} N N 2 cO cD cD LC) iD cD L4 CO Q cD c0 fD a a m ED 3 m CL � bN? � � 6N�} � f$ 4 6N9 f.4 VN 699 6N9 Page 293 of 456 — — — co c a — c a U U Y U Y U 7 U U 2 U 2 C} CD 2 CD E 0 E U 0 a a m ED 3 m O m O CQ m O O N 7 N d j O �O 72 U +O� N a); U v U ami l � a) U w O m U O o 0 0 mca r_ 7 C L C > � C in > z O Z C O 4) b ©<(D c� cc (4 Q❑C7 :3, m ¢❑Q 3 7 5 aQ❑ :3> L Rl (13 i f6 m (a W c6 c0 "xM@ r_ E m „C'' WQ �--� C co E C N C "0 m E •L C N C Q) cc C E ("DO •C C L a¢ = Q 4 a¢¢ = = a = Q = Q = a L L CD a) CD N 3:Z U (A Page 293 of 456 Call Us f rst, for all of your Fleet Automotive, & Light Truck needs Quote PHONE (800) ALANJAY (252-6529) DIRECT 863-385-9610 WWW.ALANJ".COM 28342-1 Corporate 2003 U.S. 27 South MOBILE 904-838-4999 Mailing IP•O. BOX 9200 OfnC6 I Sebring, FL 33870 FAX 863-402-4221 Address I Sebring, FL 33871-9200 ORIGINAL 1013012 20 ATE QUICK QUOTE SHEET REVISE113ZOTOEDATE REQUESTING AGENCY BOYNTON,BEACH,, CITY OF _ CONTACT PERSON WILLIAM DARTY EMAIL DartM(cDbbfl.us PHONE 561-742-6215 MOBILE FAX FLORIDA SHERIFF'S ASSOCIATION BID #'s FSA20-VEL28.0 www.fisheriffs.org MODEL R1Y SPECIFICATION # 73 2021 FORD TRANSIT T-250 CARGO VAN LOW ROOF 130"WB WITH 9070 PAGE # na GVWR-RWD- CUSTOMER ID BASE DISTRICT PRICE X24,227.00 . w 1,10""Ykrb x" All vehicles will be ordered white w/ darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION YZ VK Exterior color Oxford White with Dark Palazzo, Vinyl F nt Bucket Seats . $0100 -r -o L_PFDI-V5-WITH $0.00 -998441.1 ------------ --3.5 -10-SPEED---TRANSMISSION.--- - -------------------------------------------------------------------------------------------------------------------------------- FRONT LICENSE PLATE BRACKET -- ------------------------------------------------------------------------------------------------------------------------------------- -------------------- $0.00 ----------------- ---153 BU FACTORY BACK UP CAMER A(STD). -------------------- $0.00 ---------------- __FA ------------------------------------------------------------------------------------------------------------------------------- - - - - - --- - - 86r 2 ADD1 KEYS with FOBS -------------------- $74.00 ND GLASS Np CARGO DOpR GLASS IN BACK OR SIDE pF VAN. $0.00 FACTORY OPTIONS $74.00 CONTRACT OPTIONS DESCRIPTION NEW -TAG New CITY tag Includes temp tag & two way overnight shipping for signature. -- -------- ------------------------------------------------------------------------------------------------------------------------------------------------- $315.00 -------------------- CONTRACT OPTIONS $315.00 TRADE INTOTAL COST 2461fiA0 _,.. ..., YES WE TAKE TRADE INS """ ASK ABOUT MUNICIPAL FINANCING � � � �� $0.00 TOTAL COST LESS TRADE IN(S) QTY 1 $24,616.00 Estimated Annual payments for FO months paid in advance: $5,512.97 Municipal finance for any essential use vehicle, re uic{ res lender a frproval, WAC. Comments VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER christv.se.lf(o7alanra_v.com 7 Want to be Your Fleet Provider" i appreciate the opportunity to submit this quotation. Please review it carefully. It there are arty errors or changes, please feel free to contact me at any time. 1 am always happy to be of assistance. FSA-BOYNTON BEACH, CITY OF-R1Y_28342-1_Quote.PDF Page 1 of 1 Page 294 of 456 m O O O O O O i� 0 O O O O O O O O O o 0 0 O cn cn vy coy w uy 0 0 0 0 ti 0 0 V N d' N N"Rt N It N f— N f- O 0 O O 0 O O r O r as N N Ln V -I:i -li LL -I: tt tt tl' V -1 -:i L4 ❑ U—� ❑ U J U C J❑ J© U a` �� In ED m m 10 ED O O O O O O O o 0 O O O O O O O O O o 0 0 O O O P-: r Il� ti r ti r ti ti t_: ti V N d' N N"Rt N It N f— N f- O 0 O O M O O r O r r N N Ln V -I:i -li t3 -I: tt tt tl' V -1 -:i L4 ❑ U—� ❑ U J U C J❑ J© U a` �� c� > �� J ��6q J �� O Page 295 of 456 U C C.3 c C) c U s cc0 CCL cc0 6-6 0 0 L4 ❑ U—� ❑ U J U C J❑ J© U 0 c� > O J O J J O " O J LL L i 0 li'° a L LL iLL0 l c`u ULL LL m LL m m LL m N� N j c @ N c N j co co0 coQ oQ m ° Q°mo o J i QJ 03 O Lf} Ni6 m i>-' C6 Vy Cn Y C C6 E c C m E C N C N w C C C6 C 03 C a a d- IL a`Q¢ aQ¢ 0 0 m � -o O @ U LL � L Q ti m N w m (D U Z u°] Page 295 of 456 12/17/2020 The Florida Sheriffs Association T (https://www.facebook.com/floridasheriffsassociation/ (https://twitter.com/FLSheriffs) i FLORIDASHERIFFS (https://www.fisheriffs.orgn Become a Member (https://membership.flsheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today (https://membership.flsheriffs.org/Membership-LP.htmi) Renew Membership (https://membership.fisheriffs.org/Membership-LP.htm[#Choose) PURCHASING K Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FSA20-VEL28.0 PURSUIT, ADMINISTRATIVE, AND OTHER VEHICLES Contract Term: October 1, 2020 — September 30, 2022 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible* agencies. While most agencies purchasing from our contracts are LA IV https://www.tisheriffs.org/law-enforcement-programs/purchasing/fsa2Ovel28 Page 296 of 4W PCL XL error Error: ILLegatOperatorSequence Operator: Readimage Position: 24136 Page 297 of 456 12/17/2020 The Florida Sheriffs Association f(https://www.facebook.com/floridasheriffsassociationl V (https://twitter.com/FLSheriffs) ro FLORIDA SHERIFFS ASSOCIATION (https://www.fisheriffs.org/) Become a Member (https://membership.flsheriffs.org/Membership-LRhtml#Choose) About Sheriffs Programs Publications Join Today (https://membership.fisheriffs.org/Membership-LP.htmi) Renew Membership (https://membership.flsheriffs.org/Membership-LP.html#Choose) PURCHASING « Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FSA20-VEH18.0 HEAVY TRUCKS Contract Term: October 1, 2020 — September 30, 2022 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible* agencies. While most agencies purchasing from our contracts are within the state of Florida, eligible* agencies from other states have used the contracts if their governing purchases ordinance allows. 0 https:llwww.flsheriffs.org/law-enforcement-programs/purchasinglfsa20vehl8ht Page 298 of 4W 12/17/2020 The Florida Sheriffs Association For details of the products and services available, use the links located below that match the commodity you are seeking to purchase. The bid links will take you to pages that are solely dedicated to the bid award for particular commodities. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page to find links to all the bid supporting bid documents. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, vendors, and the end user that you should be familiar with prior to and after the initial acquisition. These terms and conditions are written based on best practices to simplify the process for the buyer and the seller. Since its inception in November 1993, approximately 64,400 vehicles and equipment have been purchased through these programs, resulting in tremendous savings and workload efficiencies for participating agencies statewide. Purchaser ordering Process Tutorial https://www.flsheriffs.orgliaw-enforcement-programs/purchasing/fsa2Ovehl8ht Page 299 of 4;9 CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH ouval F&Vt sales BILL DARTY Laura TOrbett '„ 61-742-6215 (Work) 904-388-2144 :)artvW@bbfl.us (Fax) 904-387-6816 594.4 (Cell) 904-568-6027 Laufq jpr§ggt;; duvalfleet.cora BACK UP CAMERA 9203 Watumfdo Do, Jax R We eppraa41asyerrktsraetend the opponWW to gum PrAft pwFLORIDA SHERIA°BASSOCG4TIOINLIQHT VMCLECOMMA CT FVA20- 60ELM0h%wyEquomentandTirrckeF&42k% WNM0 ffyou /uw &Vq"Uw►erayAndbygblisquoEspkmecOlAlae,VehA*wAYbemWered white exhwkr wArse epecAlAed an pu vbwe order. M*pbw and Invo llaft kw&Lwg w Ara m qubed an Agency purlohese order. ,,.TR I M 6.2L V8 GAS ENGINE 10 SPEED AUTOMATIC TRANSMISSION f? BOX - $,.73 LIMITED SLIP DIFFERENTIAL 7 989.0 PO)WIS R WINDOWS/ DOOR LOCKS - front License Bracket - EXTERIOR: OXFORD WHITE INTERIOR: GRAY VINYL -40/20140 7,� VINYL FLOOR 100006 GVWR PACKAGE SPARE TIRE AND WHEEL ELECTRIC BRAKE CONTROLLER TRAILER TOWING PACKAGE WITH 7 WAY WIRING AND 2" FIXED PINTLE BALL COMBO _269.4 7,,,445.1 SPRAY IN BEOLINER 594.4 MANUAL TRAILER TOW MIRRORS - BACK UP CAMERA BACK UP ALARM 139.1 DAYTIME RUNNING LIGHTS ` A4.1 REMOTE KEY m 350.1 1000 WATT THOR INVERTER WITH ON1 OFF DASH SWITCH, MOUNT NEXT TO LAP TOP 642.1 LAP TOP MOUNT WITH UNIVERSALE LOCKING TRAY 717 1,d ALUMINUM PROFILE TOOL BOX 574.1 (2) SIDE MOUNTED TOOL BOXES T--125.1 .1 CITY TAG AND TITLE TAG HANDLING FEE 5 48.1 WHELEN 54" LIBERTY 11 LIGHTBAR, WITH TRAFFIC ADVISOR-(ANVIANV) AMBERI WHITE SPLIT 3,,0225 6 SWITCH CONTROLLER - - (2) MICRON HIDEAWAYS FOR GRILLE- WHITE (2) VERTEX FOR TAIL LIGHT HOUSING- WHITE TELEMATIC MODUM 1, T'Q1TAL QUANTITY TOTAL PURCHASE "$" 32,311:60 77 F2A W. SIDE BOXES BOYNTON BEACH LT.xlsx Page 300 of 456 LL CO 0 CD :3 (D Q- :3 U) X 0 U') C, 1 4 -2 0 LL 0 m C) C) C) 0 C) C) 0 0 0 0 0 0 0 LL 0 0 C> O C) 0 0 0 0 0 N6W N66 wwd N16 0') cv) r M (b 0 LO 0 0 ch W EO U) U) 0 .2 CCC 0 ® 00 r_cr_ 0 0 0 cc:C 0 0 0 c:cc: 0 0 0 cl cl� cli .0 c\F cl� C6 $.. N cq N N N N CL 0. CL a- cl a a CL 0- a- CL CL CL 0 000 69- 0� 000 000 000 --3 C) 0❑0 of 0 -i C) W C) LL 0 LL ❑ 0 > ca 0 U- > =5 0 O LL >, < LL a < N 0 ca 0 > :3 cl LL (n < 0 > :3 cl LL 0 <❑ N 0 m U_ U) < LL 0 <❑ N 0 m -0 0 U- > = 0 LL U) < N 43) a) a) (D (1) a) (1) M (13 M M m m M M lie MCC 0 (D E MCC a) (D MCC (D 0 MCC: E L- a) L- a) < < a_ < < IL < < a- < C) C) C) 0 C) C) 0 0 0 0 0 0 0 (Z) 0 0 C> O C) 0 0 0 0 0 N6W N66 wwd N16 0') cv) r M CF) m CD LO (D (D Q) CO (D m CO CO m (.0 00 c\l 00 CA to .2 cli c\i ch� c\F C\� cl cl� cli el c\F cl� C6 $.. 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KL TRIM 6.2L V8 GAS ENGINE 10 SPEED AUTOMATIC TRANSMISSION 64" CAB TO AXLE, 169" WHEEL BASE � 73 LIMITED SLIP DIFFERENTIAL POWER WINDOWS/ DOOR LOCKS F crit Llrense Rriackem EXTERIOR: OXFORD WHITE INTERIOR: GRAY VINYL -40120140 VINYL FLOOR 14000# GVWR PACKAGE PATS KEY 225, SPARE TIRE AND WHEEL 349„ ELECTRIC BRAKE CONTROLLER 269. TRAILER TOWING PACKAGE WITH 7 WAY WIRING AND 2" FOXED PINTLE BALL COMBO 1„645. MANUAL TRAILER TOW MIRRORS m BACK UP ALARM 139 BACK UP CAMERA 414. RUNNING BOARDS _ 319. DAYTIME RUNNING LIGHTS q4, CITY TAG AND TITLE 125. TAG HANDLING FEE 48;' WHELEN 54" LIBERTY 11 LIGHTBAR, WITH TRAFFIC ADVISOR-(ANWANV) AMBER) WHITE SPLIT 3„022. 5 SWITCH CONTROLLER ; (2) MICRON HIDEAWAYS FOR GRILLE- WHITE (2) VERTEX FOR TAIL LIGHT HOUSING- WHITE . TROY LAP TOP MOUNT WITH UNIVERSAL LOCKING TRAY 717, 1000 WATT THOR INVERTER, MOUNT ON HUMP INCLUDE ON/ OFF SWITCH ON DASH 642, 12' KNAPHEIDE CONTRACTORS DUMP BODY. 14” SIDES, ELECTRIC HOIST, BULKHEAD &GROUND CONTROL TARP WITH ARMS SHIP THROUGH TO BODY MANUFACTURER, INCLUDE CERTIFIED SECOND STAGE MSO INSTALL FACTORY BACK UP CAMERA MODUM 'OTAL QUANTITY G TOTaLiPtfRCHASE 46,943:50 F3G BOYNTON BEA0i LT.xlsx Page 302 of 456 N X ❑ N cn N ro U c6 U [n Y U ❑ �r^ rUr�) VJ Q U clZ a m Q U ri. 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L, TRIM PACKAGE [ESEL ENGINE SPEED AUTO TRANS I" CAB TO AXLE, 169" WHEELBASE ANUAL WINDOWS/ DOOR LOCKS PARE TIRE KfERIOR: OXFORD WHITE ITERIOR: GRAY VINYL40/20140 INYL FLOOR ILECTRIC BRAKE CONTROLLER ,AB STEPS rAYTIME RUNNING LIGHTS 9,500 LB PAYLOAD UPGRADE TO PROVISION TACK UP CAMERA TACK U ALARM ID TRAILER TOWING PACKAGE IEW CITY TAG AND TITLE AG PROCESSING FEE ROY LAP TOP BASE, POLE MOUNT AND UNIVERSALE LOCKING TRAY FOR F-550 4" WHELEN LIBERTY 11 LIGHTBAR, FULLY POPULATED -MOUNT TO CAB SHIELD (IW2AWAW) SWITCH CONTROLLER 2) WHELEN MICRONS FOR GRILLE, (2)VERTEX FOR TAIL LIGHTS- WHITE napheide 6432OLR-44, INCL: DUAL OUTRIGGER, BODY REINFORCEMENT, SPRING BUILD UP W121"STORANGE BUMPER IAISED BOTTLE GAS COMPARTMENT, CURBSIDE ULLY Hydraulic Outriggers tellar 4421 Hydraulic Crane With 20' Reach, Proportional FM Control, 25 Gallon Hydraulic Reservoir loom Rest and Annual Certification Decal INSTALL FACTORY BACK UP CAMERA 20 CFM GAS AIR COMPRESSOR AND REEL 1500 THOR Inverter, MOUNT ON HUMP INCLUDE ON/ OFF DASH SWITCH STERLING CAB SHIELD WITH LIGHTBAR PROVISION Bobcat Welder 250 25' LEADS SHIP THROUGH TO BODY MANUFACTURER, INCLUDES PDI AND CERTIFICATION 5YEAR1100,000 PREMIUM MAINTENANCE PLAN FOR DIESEL CARE, 20 VISITS AT 5,000 MILE INTERVALS TELEMATICS SPRAY IN BERLINER, INCLUDE TOPS OF UTILITY BOXES SPRAY IN BEDLINER ON BUMPER SPECS ABOVE OTALQUANTITY '1- 7'OTALPURCHASE $ „'122,245.50 F5G CRANE BOYTON BEACH CRANE LT.xlsx Page 304 of 456 N X to N to t U 06 m to U Q m J O 4 Lt') r- U) Y C) Z) H U) U) U) a 2 U Z a a U 0 L7 LO LL to U t6 t71 d LO Ln LL L 0 LL m as LL to o o to 0 to o 0 0 0 0 LL 0 0 0 0 0 0 0 0 0 0 0 0 6 1- 6 6� ca U) 6 6 r-_ 6 6 rl_ 6 4 m rn �t m rn It m mca ca as m m m m m m co m m C) o o to 0 to o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 1- 6 6� ca U) 6 6 r-_ 6 6 rl_ 6 4 m rn �t m rn It m rn ICT m rn CD LI) I` T CO h T N I, T N S T LC) l n (4 Lt) Lt) tD Ln Ln C4 Ln Lt) 6 L M Co) M m ce) Cf) M m m m t+9 m d cfr 4E& ss (& to 69, cad rfr U) 6q cq 01 U t= U C U C U c N (D N a) N G7 N CU ro (n m U) ca U) co U) U U U U J Q J Q J Q J Q LL -0 LL LL -0 LL LL -0 LL LL "D LL LL Of z LL 0 LL [If LL of _ E S N E S N E S N E S N a0m MOm -60m IZOm L a) m 0 m 'CD to w m 'f L rW+ co �W+ m �-. L tete r+ r+ m co lie E E L ( L a M E L ( L " CO L Q L q M E L L a a aQQ a.Q¢ IL < a.¢¢ EL N (D -t= (DN 3:z U tin Page 305 of 456 cam CITY OF BOYNTON BEACH Laura rorbett (+)904-M8-2144 (Fax) 904-387.6816 (Carl) goer -55"027 Laura.Torbett@duva If leet.com 5',NIJ Walerside Dr da" F! ,awNNYneafandHieglrpabNWf0qu00&AkftperPL0R/A4SNERIArSASWOMTIONLfOHrMWCLECONTRACTM42LILM 8OMNWY rnAA9 FSA21I LWW I&& NYn+r lleveedy quMeAfara renerrlMla Huls goalM pkneee caMl Nota 1/alrfal8wNbe ordmW arblfe exf r10r m*F# speolpled forP�andJnteoleilplrtsBueElonearo►aquhadartalperrcypuaoder kL.TRIM 0.21- VS GAS ENGINE 10 SPEED AUTOMATIC TRANSMISSION 00" CAB TO AXLE 3.73 LIMITED SLIP DIFFERENTIAL POWER WINDOWSI DOOR LOCKS Front License Bracket IOR: OXFORD WHITE IOR: GRAY VINYL -40120140 FLOOR 40004 GVWR PACKAGE :EMOTE KEY :LECTRIC BRAKE CONTROLLER RAILER TOWING PACKAGE WITH 7 WAY WIRING AND 2" FIXED PINTLE BALL COMBO IANUAL TRAILER TOW MIRRORS -ACK UP ALARM .ACK UP CAMERA :UNNING BOARDS ,AYTIME RUNNING LIGHTS ;ITY TAG AND TITLE AG HANDLING FEE (HELEN 54" LIBERTY 11 LIGHTBAR, WITH TRAFFIC ADVISOR-(AMIANY) AMBERI WHITE SPLIT SWITCH CONTROLLER i) MICRON HIDEAWAYS FOR GRILLE- WHITE >_) VERTEX FOR TAIL LIGHT HOUSING- WHITE ROY LAP TOP MOUNT WITH UNIVERSAL LOCKING TRAY 000 WATT THOR INVERTER, MOUNT ON HUMP INCLUDE ONI OFF SWITCH ON DASH ' Reading Standard Line utility body factory powder coated white with SST paddle latches. Req 60" CA (AF SLU108ADW SL 21301] HIP THROUGH TO BODY MANUFACTURER, INCLUDE CERTIFIED SECOND STAGE MSO JSTALL FACTORY BACK UP CAMERA MODUM To ]"AL QUANT'IT,Y ] TOW PC/17GHA.SF $ 4Q,585 50 F3H BOYNTON BEACH LT.xlsx Page 306 of 456 U ii * mb-We it •Wwwl w p o 0 0 0 0 0 0 0 0 LL 0 0 0 0 0 0 0 0 0 0 0 0 CA T (7} cl U) LO T CO CO LO r cD LO T (D LO r (fl 41 LO N (D m N CO_ T In m Co 00 ca m m no no co 00 co 00 o p o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CA T (7} cl U) LO T CO CO LO r cD LO T (D LO r (fl 41 LO N (D m N CO_ T N_ CD r N CO G1 Ln (D (D L(i [O (O L60 CO Ln CO CD Y N Y Y a` �� U to� �� L7 L] U U C C C C to (7} cl U) O CL) N N @ @ {6 @ CO cn Cn U) Y Y Y Y U U U U LL O LL `C7 LL LL a LL LL "O LL O O ❑ O O ❑ O O ❑ O O ❑ C LL �' LL R' LL a' :t --: LL W N y E j N E j N E j N E; OF BOYNTON BEACH DARTY CITY OF BOYNTON BEACH Laura Trwbe,11 IIftw k 904 : SSr ' d ' (Fa4 ,9 1. ,,"-off ftf' (C"eN 9tW4684627 627 ,u�:.9,:.y.:�s.. INeepp�a edetyourAnb�realerndLhegpparirrt►{ylaq PrA*VperFL0R/DASHERIFMASSOCGITIONLIt3HrlSWCLECONTRACTFS420- VELMO MeawY Equfpmwd &nd rruck* FS1420-VFH ISD. /fyw lmvaenyquw6tw mg&rd&V bi b gwtvpAer womfI Nott VWWaM w9be ordered white ext w*r mim epaor4W anpulnbrae order. S*pkip end Invokft Araebraatbm are mquiied an algemlrypu clove order. TRIM iL V6 ENGINE SPEED AUTOMATIC TRANSMISSION WER WINDOWS AND LOCKS ,CK UP CAMERA EXTERIOR: OXFORD WHITE INTERIOR: PALAZZO GRAY VINYL DUAL REAR REAR, EXTENDED 146" WHEELBASE WITH 99500 GVWR 2 ADDITIONAL FACTORY KEYS FIXED REAR GLASS ONLY TRAILER BRAKE CONTROLLER TRAILER TOWING PACKAGE WITH 7 WAY WIRING, 2" BALL CRUISE CONTROL BLIND SPOT MONITORING SYSTEM INCL. SHORT ARM AJUSTABLE MIRRORS WITH TURN SIGNAL BACK UP ALARM REVERSE SENSING AREA LOADING PROTECTION PACKAGE nAKI]V MA.7I CK CLIZU I KIUAL 6114 rmL KAP r "I l n YliK 111 IVIN, MUUCL 9[ 1 LM. INULUUCA 4Uo 1 r1 Yartnion riing nli Transit Mid/High Roof -1 40651 Partition - Perforated -Transit Mid/High Roof -1 48524 Shelf Unit - 52" W x 60" H x 14" D -3 40040 Shelf Door Kit 52" W -2 40090 Drawer Cabinet - 4 Drawers -2 40230 Wire Reel Holder- 5 Spindle -1 40270 Hanging File Hoider-1 40310 Small Parts Shelf Bin -10" W Plastic -10 40030 Shelf Dividers 6" Tall (Set of 6) -1 48190 Shelf Lip 10"L x 2.75"H-1 TROY LAP TOP MOUNT WITH UNIVERSAL LOCKING TRAY 1000 WATT THOR INVERTER WITH DASH SWITCH, MOUNT TO THE SIDE OF LAP TOP MOUNT' WHELEN LIBERTY 11 LIGHTBAR PACKAGE WITH 6 SWITCH CONTROLLER AND FOUR CORNER FLASHING SYSTEM AIW/A1W SPLIT LIGHTBAR, WHITE VERTEX CITY TAG AND TITLE TAG HANDLING FEE CITY OF BOYNTON BEACH GRAPHICS PER SPECS TN T, AL QUANTi, PURCHASE TRANSIT F4X BOYNTON BEACH LT.xlsx Page 308 of 456 as LL N 0 0 0 C) C) C) C) C) O 0 O O U ua u, N (n CA (a U) U) (D va sn rn C C O C O C O C O C O C O C O O C Q C Q O O C O 0) (0 LO 0) CO LO (0 It LO 't LO N a) M 00 co It (0 It u) c4 (0 f-_ 0) 0 0007 U 000 r V- 000 r7 V- 00 � r d CO Q) a) LL � 60 � � � s � � � a � -0 -a `Q -0 ®o `0 -0 C TO C C °o 0 0 C o 0 c m c co ca m m m 00 In 00 m m Page 309 of 456 0 0 0 C) C) C) C) C) O 0 O O U 0 0 0 0 0 0 0 0 a 0 0 0 ti co It ti co 4 (4 r-_ 'T r-.1 m 0) (0 LO 0) CO LO (0 It LO 't LO N a) M 00 co It (0 It u) c4 (0 f-_ 0) Vr U U r V- r7 V- r � r Q) CO Q) a) d � 60 � � � s � � � a � Page 309 of 456 U U U U G C C C x 3 3 3 3 r U U U U QS Q) Q) a) 0 C C C °o 0 0 C o 0 c Cl c ❑ ❑ c J c J W 0 J J L 0 J -j L -J _j 0 -0 L 0 J J L00 _ LL LL LL LL LL 0 LL LL 0 LL E co ( ❑ JZ O LL �, ❑ � O LL 7, 0 LL ❑ W 7, ❑ [� �, O LL Q Q � Q ( o °moa °oa °Q °¢o 7 m o m m LO L cU LO {� Qi (D a) ai (L) Q) ai m F" m m m m } :4 :4 } L- m co c c cc c c M c C m c c cn cn C E EQ) a) Q) 0 N U c a-¢ Q 0¢ a IL Q a a¢ a L L is U L C L m d N Page 309 of 456 r U96 COMMENT$ BEACH CITY OF BOYNTON BEACH! LA" rWbdtt fWor*f 0104JM2144 (Ful 8406317-mle (MV 0044II64027 Laura.Tarhell dwMI'leon.com *4rloquo8R'YsFliii/NI ALORM, TAWll IffN5AIQLE*0AWPACil 1 P -MM M911, ffjWkA 9dW9aWftWl *Oi gm0bpiii =ff Abk fthbb*Wksaidlrld **ftrfr,br p mrdAmlrl 11*ix*uomlbmreAmp~w pwWpwvhwardor. T TRIM .SL ECOBOOST ENGINE I,,,JTOMATIC TRANSMISSION OWE.R WINDOWS AND LOCKS ACK UP CAMERA COLOR; OXFORD WHITE COLOR: EBONY CLOTH (EMOTE KEY IAYTIME RUNNING LIGHTS 000 WATT THOR INVERTER, MOUNT BEHIND PASS SEAT AP TOP MOUNT WITH UNIVERSAL LOCKING TRAY (CW20ES-BA-LED, OWLT-1600) IITY TAG AND TITLE AG HANDLING FEE VHELEN 44" LIBERTY 11 LIGHTSAR, WITH TRAFFIC ADVISOR-(AIW1ANW) AMBER! 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GS N L tfU) a N (D Z Q Page 311 of 456 12/17/2424 The Florida Sheriffs Association f(https://www.facebook.com/floridasheriffsassociation/ V (https://twitter.com/FLSheriffs) FLORIDA ASSOCIATION (https://www.fisheriffs.orgn Become a Member(https.Hmembership.flsheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today(https://membershipJ[sheriffs.org/Membership-LP.htmi) Renew Membership (https://membership.fisheriffs.org/Membership-LP.html#Choose) PURCHASING « Back to Main Purchasing Page (https://www.fisheriffs.org/law-enforcement- grog rams/cooperative-purchasing-program) FSA20-VEH18.0 HEAVY TRUCKS Contract Term: October 1, 2020 — September 30, 2022 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible* agencies. While most agencies purchasing from our contracts are within the state of Florida, eligible* agencies from other states have used the contracts if their governing purchases ordinance allows. .J https:/Iwww.flshedffs.org/law-enforcement-programsipurrhasinglfsa2Ovehl8ht Page 312 of 4W 12/17/2020 The Florida Sheriffs Association For details of the products and services available, use the links located below that match the commodity you are seeking to purchase. The bid links will take you to pages that are solely dedicated to the bid award for particular commodities. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page to find links to all the bid supporting bid documents. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, vendors, and the end user that you should be familiar with prior to and after the initial acquisition. These terms and conditions are written based on best practices to simplify the process for the buyer and the seller. Since its inception in November 1993, approximately 64,000 vehicles and equipment have been purchased through these programs, resulting in tremendous savings and workload efficiencies for participating agencies statewide. Purchaser Ordering Process Tutorial RDID / hftps://www.flsheriffs.orgtiaw-enforcement-programs/purchasing/fsa2Ovehl8ht Page 313 of 4W GENRAL GMC TRUCKSALES & SERVICE, INC d/b/a VOLVO TRUCKS OF PALM BEACH 360 S MILITARY TRAIL WEST PALM BEACH, FL 33415 561-6V2--8906 561-697-8429 Florida Sheriff's Association FSA20-VEH 18.0. HEAVY TRUCKS CONTRACT REFUSE TRUCK: 60,000 LB GVWR CAB & CHASSIS Specification: #106 District: Southern CITY OF BOYNTON GMC 11/16/2020 ORDER CODE BID QUOTE $163,488.00 ADD DEDUCT 1012032 ENGINE UPGRADE CUMM L9 360 H.P. $61500.00 66000 66AM GVW U PG RADE 66,0001.9 GVW $3,680.00 4040D2 DOUBLE FRAME FULL STEEL INSERT $1,704.00 330444 REAR AXLE RT46-160 $2,969.00 359001 4 AXLE SHOCK ABSORBER $201.00 3500004 REAR SUSPENSION HMX4W 4fi 000 LB $714.00 7530005 FRONT AXLE BRAKE 16.5X7" REFUSE $39.00 7610001 REAR AXLE BRAKE 16.5X8.62 REFUSE $344.00 1222000 FRONTENGINEPTO PTO PREP $590.00 5000002 SINGLE RH DRIVE RH SIT DOWN $225.00 5900006 AMFM RADIO RA0IO $275.00 6230006 HIGH MOUNT MIRROR 6" MIRROR $94.00 662002 CAB TILT AIR ASSIST $284,00 400000 WHEEL BASE CHANGE $650.00 8520001 CORNER MARKER LIGHT WIRED TO BATT SHUT $74.00 8140003 BATTSHUTOFF WITHRIMPER STUDS $219.00 955002 CAB COLOR OTHER THAN WHITE $244.00 71ST003 AIR DRAIN CENTRAL MANIFOLD WITH PETCOCKS $69.00 NEWWAYASL SID'EIMNDER31YD A51 $132,972.00 999999 BOYNTON BEACH OPTION PACKAGE $10,246.00 5120D0L WINDOWS POWER $749.00 NEW TAG NEW TAG $300.00 6220017 BLACK PWR MIRRORS $569.00 SVBTOTALOPTIONS $157,211.00 BOYNTON SPECIAL DISCOUNT $314,199.00 ADJUSTED BID AMOUNT $310,199.00 PETER BARBER nbarberg,Dgenralsmc.com 772,486-2182 Page 314 of 456 cn F- 05 o6 LU (N U) LL LL U) r_ 0 (n 0 U) (n W CD (n (n 0 c:r_c z ccc C: r_r_ 0 0 0 0 ®O LLI 0 0 0 L) S :P S 0- 0 000 000 0 00 as LU ui LL LU U) C0 U) 06 co Cd U) CnCO m ca ED ED m m EO [a co En C 0 0 0 0 (J) 0 C C C 6 06 6 6 w 6 6 6 w C) 03 co 0 00 00 CD 0 00 00 -2 LL -2 LL qqr co I- <0 (.0 r-_ It 0 U� U� cli cr� cr� V7 cli (0 LO fQo (D (�O LO (0 U CL c� 61) 61)- � 64 6s 69- 69k � Page 315 of 456 0 C) C) Z z z LLI L) L) C) LU ui LU U) C0 U) 06 co Cd U) CnCO (3 LU C c3 C LLQ —J C: C: c3 C LU -J (J) Sncr) (D (13 C) 2 m C) U) Z) LL U) Z) -2 LL -2 LL Z) (1) 0) (D U 00 LL -j 0 LL -1 0 0 0 LL -i 00 z -z 0 -z < of 0 0 "a Lu 0 (D E LU z 0 0 a) E ui z r_ 0 cc LU a) 7� LU 0 -Fu LU > —ca � E E w CL CL n (D rn 0 Q) 0 0 N 3: z C) cn Page 315 of 456 12/17/2020 The Florida Sheriffs Association f (https://www.facebook.com/floridasheriffsassociation/ V (https://twitter.com/FLSheriffs) � vk FLORIDA SHERIFFS ASSOCIATION (https://www.fisheriffs.orgn Become a Member (https://membership.flsheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today (https://membershipJlsheriffs.org/Membership-LP.htmi) Renew Membership (https://membership.flsheriffs.org/Membership-LP.html#Choose) PURCHASING « Back to Main Purchasing Page (https://www.fisheriffs.org/law-enforcement- prog rams/cooperative-purchasing-program) FSA20-EH 18.0 HEAVY TRUCKS Contract Term: October 1, 2020 — September 30, 2022 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible* agencies. While most agencies purchasing from our contracts are within the state of Florida, eligible* agencies from other states have used the contracts if their governing purchases ordinance allows. C: Eli https://www.flsheriffs.org/law-enforcement-programs/purchasing/fsa20vehl8ht Page 316 of 4W 12/17/2020 The Florida Sheriffs Association For details of the products and services available, use the links located below that match the commodity you are seeking to purchase. The bid links will take you to pages that are solely dedicated to the bid award for particular commodities. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page to find links to all the bid supporting bid documents. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, vendors, and the end user that you should be familiar with prior to and after the initial acquisition. These terms and conditions are written based on best practices to simplify the process for the buyer and the seller. Since its inception in November 1993, approximately 64,000 vehicles and equipment have been purchased through these programs, resulting in tremendous savings and workload efficiencies for participating agencies statewide. Purchaser Ordering Process Tutorial hftps://www.f{sheriffs.org/law-enforcement-programs/purchasing/fsa20vehl8ht Page 317 of 4�p City of Boynton Beach 100 E Boynton Beach Blvd, Boynton Beach, Florida 33425 Att. Bill Darty One (1) Peterbilt Model 520, Per Florida Sheriffs Assoclation Bid No: FSA20-VEH18 REFUSE TRUCK: 60,000 LB GVWR Cab & Chassis Only 4x6 (1) 2021 Peterbilt Model 520 - Cab & Chassis only Painted City Blue Options Added: 1. PACCAR PX9-370 HP 2. Allison 4500 RDS Transmission 3. Shock Absorbers for HMX Suspension 4. Right Hand Drive One New Way 31 YD Sidewinder Side Loader Body Painted City Blue Please see enclosed spec. for Body December 4,2020 $145,655. -5,013. INCLUDED 430. 1,354. Sub Total 142,426. 139,072. Total Price Per Unit $281,498. Thank you for the opportunity to quote the Peterbilt product and we are looking forward to your most valued order. Prepared By: Rudy Mangino Jr. Corporate Office 24415. State Road 7 (441} Fort Lauderdale, F! 33317 f954) 584-3200 Fort Pierce 5750 Orange Ave. Fort Pierce, FL 34947 (772)489-2300 40P Fort Myers 5313 St, Rd. 82 / MLK Blvd. Fort Myers, FL 33"5 (239)337-0188 www.paimtruck.com West Palm Beach 7206 Belvedere Road West Pam Beach, FL 33411 (561) 253-0129 Is Page 318 of 456 U H C8 a) 2 0 C6 r w Q Q C0 LL r 0 N O CV LO Z a� a� r CD as 0 0 0 0 U. 0 0 0 0 � L6 rn crs c®a crr G b b b b L6 Ldi Nt IT LL LL LL CL 0 IL O O O 2 U. (n U) i -0 -0 --0 U m U U U ai Page 319 of 456 0 0 0 0 0 0 0 0 L6 ti P- r --LO oo 0 00 0 L6 Ldi Nt IT LL LL LL CL IL O O O 2 Page 319 of 456 U U U 'D �2 :2 b b b LL LL LL CL O O O 2 (n U) i N U U U U ai U U U N Il N U U) 7 Of af af d L' L' L' L' _ E E E E L C � L CU N 3:Z U 0 Page 319 of 456 12/17/2020 The Florida Sheriffs Association T (https://www.facebook.com/floridasheriffsassociation/) V (https://twitter.com/FLSheriffs) FLORIDA SHERIFFS ASSOCIATION (https://www.flsheriffs.orgn Become a Member (https://membership.flsheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today (https://membership.flsheriffs.org/Membership-LP.htmi) Renew Membership (https://membershipJ[sheriffs.org/Membership-LP.html#Choose) PURCHASING q Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FS ,20-EQU 18.0: HEAVY EQUIPMENT Contract Term: October 1, 2020 — September 30, 2023 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible agencies. While most agencies purchasing from our contracts are within the state of Florida, eligible agencies from other states have used the contracts if their governing purchases ordinance allows. https://www.flsheriffs.org/law-enforcement-programs/purchasing/fsa20equl8 Page 320 of 4�§ 12/17/2020 The Florida Sheriffs Association For details of the products and services available, use the links located below that match the commodity you are seeking to purchase. The bid links will take you to pages that are solely dedicated to the bid award for particular commodities. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page to find links to all the bid supporting bid documents. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, vendors, and the end user that you should be familiar with prior to and after the initial acquisition. These terms and conditions are written based on best practices to simplify the process for the buyer and the seller. Since its inception in November 1993, approximately 64,000 vehicles and equipment have been purchased through these programs, resulting in tremendous savings and workload efficiencies for participating agencies statewide. Purchaser ordering Process Tutorial D - CM /5:41D https://www.flsherifrs.org/iaw-enforcement-programs/purchasing/fsa2Oequl8 Page 321 of 4�§ Dear Mr. Darty: Southern Sewer Equipment Sales is pleased to announce the opportunity for the City of Boynton Beach to purchase a new Vac -Con Sewer Combination Cleaner Body from the Florida Sheriff s Contract No. FSA20-EQU 18. 0, Specification #371. The base Vac -Con model on Specification #371 includes the following items: New Vac -Con Sewer Combination Cleaner Model VPD4211 SHAE/1000 11 Cubic Yard, 3/16" Corten Steel Debris Tank Full Opening Rear Door Hydraulic Rear Door Locks, with Door Grabber and Safety Latch 5" Butterfly Valve with 10' Layflat Hose Minimum 50 Degree Tank Dumping, Power Up/Power Down Hydraulic Scissors Lift 827 Positive Displacement Blower, Rated at 4200 CFM @ 18 Inches of Mercury Automatic Vacuum Breaker and Overfill Protection 8" Vacuum Intake Hose Boom Travel Tie Down 80 GPM @ 2500 PSI Water System Water Pump Drive: Gas Auxiliary Engine 1000 Gallon Fresh Water Capacity, Polyethylene Tanks 6' Aluminum Telescoping Hydraulic Boom, 270 Degree Rotation & Joystick Controls Front Mounted Articulating Hose Reel, 800' x 1" Capacity, Hydraulic Power 400' of High Pressure Sewer Hose 30" Leader Hose Hose Guide (Tiger Tail) Wash Down Hand Gun, 20 GPM at 600 PSI with 25' of Hose and Nozzle 20' Aluminum Tubes with Quick Clamps Sanitary Nozzle, Penetrator Nozzle Fire Extinguisher Triangle Kit ICC LED lighting Polyurethane Paint 12 Month Standard Warranty Fort Pierce Office: Orlando Office: Miami Office: 3409 Industrial 27t` Street 10575 General Drive 8200 N.W. 58" Street Fort Pierce, FL 34946 Orlando, FL 32824 Doral, FL 33166 Page 322 of 456 Base Bid Price: $271,387.00 Published Qp&w Debris. Body Options Upgrade to 12 Yard Debris Tank _ ...... . ... $�,�85,00 .6" Knife Valve with Center_ Post and _Handle, ..i.n..lieu .._o.f 5" Butterfly Valve. $819.00 Flat Style Rear Door Incp ener &Swing Style Wear Plate _ Built In Body Prop .. .. I . . . _W,943.00 $,523.00 ; Rear Tank 2-10 o'clock Position $2 945.00 Options ..Boom 10' Telescoping Boom Assembly with Pendant Control Station (Tube inT4e")_,_Replaces 6' pftRqqm.Asqemb1y $5,089.00 Hea Reinforced Elbow Hose Reel Options 600'x 1" Hose Reel CaP4 -DEDUCT ...... -$2,804.00 "Reel Power" Levet Wind Guide 645.00 Hose Foota _.,C9.un_t-er - $645.66 500'Hose in lieu of 400' $498.00 80 GPM .@,g&_QQ)PSI .Water System —Nq!�*gR .0 .. 0 p_g_ to 1500 $122211.00 50' q6i4ikeirwciable Hand Gun Hose Reel with 50' Hose $2 285 00 2 14" Water Drain $328.00 Debris Bo4y, "Power Flush" System, 8 Jets $2 163 00 Lateral Cleaning Kit with 200' x !/2" Hose and Nozzle; Permanently Mounted, Electronically Controlled $6,552.00 '' Flow water System (includes 2Ad&ti - oral $V Engine Op lqr�s , Auxiliary __i_.__._.§�dler Downgrade to Displacement Engine for 80 GPM @ 2,000 PSI Water System — DEDUCT -$15,803.00 Remove Aux ._ - - Auxiliary Engine, ��Pgle, 949* Cqgftg.= jb4!qg* Drive Unit —DEDUCT 411,658.00 Lighting #n Options 5) Sets of LED Flood Lights with Limb Guards, Location- Boom, Mid-Body, "Rear, Side/Front Debris Tank & Side/Rear Debris Tank $4,100.00 ...)LED Beacon Strobe Lights with Limb Guards,Locations: Driver Mirror& Rear Tank $2,066.00 HandHeld LED _ppo h i ----- _gig�j .......... ------ $668.00 DOT L ED Arrow Board 4 Comer LEDStrobeSystem; 2 on Frame $2 LED Strobe Lights, Frame Mounted Mad Body, Set of 2 . ...... $1,082.00 Electrical . . ..... Body Load Limit Alarm, Level Indicator . -._.._...I......._._..._.._ ------ 00 Rear Camera System with Color Monitor (includes I cam ' ------ ---- ....- - _'...,.....-- .. q4, $lr,�,".00 Back Up Alarm ------- - $305.00 LOW arm with Light _ -- ' �56&b6 M.1scella'n—e-qu's Ma,chipp"Op _.!Ions 12V DC Auxiliary Hydraulic Pump ------ ------- Cone Stgrg_g . .. .. ...... .. $834.00 =e o.f.Mainframe 4_i-'-A, St'or--g--e 4--_-�'-- Mounted Tow Hooks '-2.00ie-,Rar $394.00 -__ndle Remote Boom A ,6ssemblv $262.00 -_-'-'---g--pg Remote T ease2eii Assembly --- 2868.00 Grease Assembly for Articulating Hose Reel ------------ - 1,229.00 Page 323 of 456 First Aid Kit $109.00 Nozzle Rack $133.00 Pipe/Tool Storage Single Pipe Rack $210.00 2) Folding Pipe Racks, Tank Mounted: 1) Curbside, 1) Street Side $6,476.00 Upgrade Storage Box Behind Cab to Aluminum $3,052.00 Steel Side Mounted Tool Box, 35" x 14" X,24" $885.00 Upgrade Side Mounted Tool Box to Aluminum . $557.00 Aluminum Extension Tubes with Quick Clamps ) _.. $728,00 8" A0justable Air Gap with Quick Clamp $523.00 Unpublished Options, 1% Discount Additional Aluminum Storage Box Behind Cab, 16" x 42" x 48" $3,181.00 Nozzle Package: Flounder 3D Nozzle, Super Cycle 31) Nozzle, Combinator 3D Nozzle, Tri-Jet 3D Nozzle, Standard Nozzle Chisel NozzleNozzle Case .:& ,..mry, _ _ ., $7,610.00 Final Model A er O tzons. YPD42I2LHAFN/I54D _ .,.... ........ PRICE FOR VAC -CON BODY: $351,678.00 New Peterbilt Model 365 Chassis, 415 HP Paccar Engine, 4500 RDS -P $138,939.00 Transmission, 66,000 GVW (Quote from Palm Peterbilt): TOTAL PRICE FOR BODY & CHASSIS: $490,617.00 The body price includes mounting the Vac -Con body to the chassis. Please review the Florida Sheriffs Contract for chassis options. The chassis supplier should drop ship the chassis to Vac -Con in Green Cove Springs, FL. The specifications must be approved by Vac -Con before ordering the chassis. We appreciate the opportunity to provide this equipment to the City of Boynton Beach. Please feel free to contact Joey Westberry at (772) 834-8201, if you have any questions. Sincerely, " xyx�� Jenny Mitchem Office Manager Page 324 of 456 Item #37'1 Southern Sewer Equipment Sales 800-782-4134 www.southernsewer.com Build Sheet Standard Equipment Includes: 827 Positive Displacement Blower, Rated at 4200 CFM @ 18 Inches of Mercury Diffuser/Muffler Centrifugal Separator with Cleanout Box Hydrostatic Vacuum Drive 11 Cubic Yard, 3/16" Corten Steel Debris Tank Full Opening Rear Door, Hinged at the Top Hydraulic Rear Door Locks, with Door Grabber and Safety Latch Internal Polyethylene Float Device with External Indicator 5" Butterfly Drain Valve with 10' Lay Flat Hose Debris Tank Dumping: Minimum 50 degrees, Hydraulic Scissors Lift - Power Up/Power Down Automatic Vacuum Breaker and Overfill Protection Vacuum Relief Valves 8" Vacuum Intake Hose Boom Transport Cradle 6' Aluminum Telescoping Hydraulic Boom with Clean Out, 270 Degree Rotation and Joystick Controls Pendant Control Front Mounted Articulating Hose Reel 800'x 1" Capacity, Hydraulic Power Hose Reel Speed Control, Hydraulic Locks 400'x 1" 2500 PSI Rated Hose 1,000 Gallon Capacity Polyethylene Water Tanks Curbside Fill Sight Gauge to Indicate Water Level Water Pump: 80 GPM @ 2,500 PSI High -Pressure Relief Valves Water Pump Drive: Gas Auxiliary Engine Dual Roller Level Wind Manual Hose Rewind Guide Flexible Hose Guide (Tiger Tail) 10'x 1" Leader Hose 20 GPM at 600 PSI Wash Down Hand Gun with 25' of Hose, Nozzle & Relief Valve Hose Storage Rack Sealed and Locking Tool Box 1) each Sanitary (15 degree) and Penetrator (30 degree) nozzles 20.5'x 8" Aluminum Intake Tubes (1-3', 1-5', 1-6', and 1-6.5' nozzle) ICC LED lighting Polyurethane Paint Vac -Con Manual 12 Month Standard Warranty 5 Ib. Fire Extinguisher 1) Set of Triangles Page 325 of 456 ƒ E : _ LU cu ƒ � a / O ± / < 3 L u « 3 U) � c IL � w « z U) � O � � § U k y ce) � � 0) U. e U. 2 s 3 2 co $ § $ $ d d d d 00 k 00 k k k � - - y - ¥ L. k k k � bq 6q 6q co $ § $ $ d d d d ¥ y y ¥ E k k k 5 5 5 2 w w w w U) U) 0 (n 0 ƒ ƒ / � CD ƒ k CO CO(n k k k k k / k k Q $ t y 5 N 3 3:k U Page 326 0 456 Zn Requested Action by Commission: Proposed Resolution No. R21-011 - Approve a contract with Foster Marine Contractors for the Force Main Isolation Valves project, Bid No. ITB 040-2821-20/TP in the amount of $898,775.00 plus a 10% contingency of $89,877.50 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $988,652.50. Explanation of Request: On December 2, 2020, bids were received for the Force Main Isolation Valves project, Bid No. ITB 040- 2821-20/TP. The project includes the installation of three (3) 36 -inch plug valves and valve vaults along the existing 36 -inch force main on Congress Avenue to provide the ability to isolate sections of the force main and divert flow in the event of an emergency or planned maintenance. Six (6) bids were received, and the base bid amounts for the installation of two (2) valves ranged from $594,525.00 to $899,125.00. Additionally, each of the bids included a bid alternate for the third valve location, with the bid alternate amounts ranging from $304,250.00 to $509,800. The apparent low bidder was Foster Marine Contractors with a base bid amount of $594,525.00 and bid alternate amount of $304,250.00 for a total bid amount of $898,775.00. The City's consulting engineer, Carollo Engineers, reviewed the bids and contacted the references provided for Foster Marine Contractors. Based on their evaluation of the information provided with the bids, Carollo Engineers found that Foster Marine Contractors is the lowest most responsive, responsible, and qualified bidder. Carollo Engineers and City staff recommend award of the contract to Foster Marine Contractors in the base bid amount of $594,525.00 plus the bid alternate in the amount of $304,250.00. The total recommended bid award amount is $898,775.00. How will this affect city programs or services? The project includes the installation of three (3) 36 -inch plug valves and valve vaults along the existing 36 -inch wastewater force main on Congress Avenue. The existing force main is a critical component of the force main system and transmits the majority of City's wastewater to the South Central Regional Wastewater Treatment Facility. The isolation valves will improve flexibility and reliability of the force main system, providing the ability to isolate sections of the 36 -inch force main and divert flow to the 24 -inch force main in the eastern part of the City in the event of an emergency or planned maintenance. Fiscal Impact: Budgeted The total requested funding for the project including 10% contingency is $988,652.50. Funding is available in the Utilities C I P account. 403-5016-535-64.02. Alternatives: Not award the contract at this time. Strategic Plan: Strategic Plan Application: Page 327 of 456 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()ll LA ti 0 111 D Cointract D I E)ttENr D Bid D AddE)indUlirn D AttacftrTIENI'lt Description RE)SOkAboin appiroviing Cointiract with F:::0StE)ir' IMaril['IEs for F:::oir'CE) li aiin Isobboin V,,.-,.flv(..ss F:::oir'C,E) li aiin I sobboin V,,.-,.flves Cointract withF:::0StE1ir' Maril['IE) E1['1gi1['1E)E)ir"s I E)ttENr Bid T,'.-,.ibL.J1bboin F:::0StE)ir' IMaril['IE) Cointractors IBlid SL.Jbirnissioin Cointractor IfRE)fE)ir'E)1['KE)S Page 328 of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH FOSTER MARINE CONTRACTORS, INC., FOR THE FORCE MAIN ISOLATION VALVES PROJECT, BID NO. ITB 040-2821-20/TP IN THE AMOUNT OF $898,775.00 PLUS A 10% CONTINGENCY OF $89,877.50 IF NEEDED FOR STAFF APPROVAL OF CHANGE ORDERS FOR UNFORESEEN CONDITIONS FOR A TOTAL EXPENDITURE OF $988,652.50, SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 2, 2020, six (6) bids were received for the Force Main Isolation Valves project, Bid No. ITB 040-2821-20/TP which includes the installation of three (3) 36 -inch plug valves and valve vaults along the existing 36 -inch force main on Congress Avenue to provide the ability to isolate sections of the force main and divert flow in the event of an emergency or planned maintenance; and WHEREAS, the apparent low bidder was Foster Marine Contractors, Inc., with a base bid amount of $594,525.00 and bid alternate amount of $304,250.00 for a total bid amount of $898,775.00; and WHEREAS, the City's consulting engineer, Carollo Engineers, reviewed the bids and contacted the references provided for Foster Marine Contractors, Inc., and based on their evaluation of the information provided with the bids, Carollo Engineers found that Foster Marine Contractors, Inc., is the lowest most responsive, responsible, and qualified bidder; 26 and 27 28 29 30 31 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents to approve and authorize the City Manager to sign a contract with Foster Marine Contractors, Inc., for the Force Main Isolation Valves project, Bid No. ITB 040-2821-20/TP in the amount of $898,775.00 plus a 10% contingency of $89,877.50 if needed for staff approval of change S:ACA\RESO\Agreements\Contract with Foster Marine (Force Main Isolation Valves) - Reso.docx Page 329 of 456 32 orders for unforeseen conditions for a total expenditure of $988,652.50. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 34 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 35 36 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption. 38 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 39 approves and authorizes the City Manager to sign a contract with Foster Marine Contractors, 40 Inc., for the Force Main Isolation Valves project, Bid No. ITB 040-2821-20/TP in the amount 41 of $898,775.00 plus a 10% contingency of $89,877.50 if needed for staff approval of change 42 orders for unforeseen conditions for a total expenditure of $988,652.50, subject to final 43 review and approval by the City Attorney. A copy of the signed Contract is attached hereto 44 and incorporated herein as Exhibit "A". 45 Section 3. That this Resolution shall become effective immediately. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 PASSED AND ADOPTED this day of January, 2021. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE ATTEST: Crystal Gibson, MMC City Clerk S:ACA\RESO\Agreements\Contract with Foster Marine (Force Main Isolation Valves) - Reso.docx Page 330 of 456 66 67 68 (Corporate Seal) S:ACA\RESO\Agreements\Contract with Foster Marine (Force Main Isolation Valves) - Reso.docx Page 331 of 456 DRAFT CONSTRUCTION CONTRACT FORCE MAIN ISOLATION VALVES INSTALLATION THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and , a corporation partnership sole proprietor authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of 2020; by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: FORCE MAIN ISOLATION VALVES INSTALLATION, Invitation to Bid #040-2821-20/TP. Article 2. CONSULTANT. City of Boynton Beach.("CONS ULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 300 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, _TBD Dollars ($ ) for each day that expires after the time specified in Utilities Bid No. 040-2821-20/TP — FORCE MAIN ISOLATION VALVES C-1 Revised 10/19/2020 paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY _TBD Dollars ($ ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: (Written) Article 5. PAYMENT PROCEDURES. (Numerical) CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five (5%) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100%) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other Utilities Bid No. 040-2821-20/TP — FORCE MAIN ISOLATION VALVES Revised 10/19/2020 C-2 parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special / Supplemental Conditions 7.8 Technical Specifications 8.8.1 City Construction Standards and Details (available online at: wwweboynton- beach.org/water-utilities/new-construction) 7.9 Drawings entitled: Cover, 7.10 Addendum No. 1 Dated Utilities Bid No. 040-2821-20/TP — FORCE MAIN ISOLATION VALVES Revised 10/19/2020 C-3 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Utilities Department Attn: Jose Huertas, Senior Project Manager 124 E. Woolbright Road Boynton Beach, FL 33435 Tel (561) 742 - 6487 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR ADDRESS CITY/STATE/ZIP Attn: Tel: Fax: Article 9. INDEMNITY. City of Boynton Beach Finance Department Attn: Director of Finance 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Tel (561) 742-6310 Fax (561) 742-6316 In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW. 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 a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the Utilities Bid No. 040-2821-20/TP — FORCE MAIN ISOLATION VALVES C-4 Revised 10/19/2020 duration of the contact 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, 11.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6061 GIBSONC@BBFL.US Article 12. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 13. MISCELLANEOUS. 13.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 13.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Utilities Bid No. 040-2821-20/TP — FORCE MAIN ISOLATION VALVES Revised 10/19/2020 C-5 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 2020. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: Jim Cherof Office of the City Attorney Attested/Authenticated: Crystal Gibson City Clerk Utilities Bid No. 040-2821-20/TP — FORCE MAIN ISOLATION VALVES C-6 Revised 10/19/2020 Engineers ... Working N Na nde rs With Vi ater& December 11, 2020 Mr. Jose Huertas, P.E. City of Boynton Beach Utilities 124 E. Woolbright Rd Boynton Beach, FL 33435 Subject: Force Main Isolation Valves - Opinion of Bid Acceptability Bid # ITB 040-2821-20/TP Dear Mr. Huertas: )01,( /i,i � I1ou-I< L( /MI), I �I'- I r v-1.1, I''I "/I L.L. (r.l 868 64 00 1 b 1868 6/I0f The purpose of this letter is to provide the City of Boynton Beach (City) with an opinion of bid acceptability for the above referenced project. Bids were received on December 2, 2020 at 2:30 PM by the City. A total of six base bids were received, with grand total base bid amounts ranging from $594,525.00 to $899,125.00. Additionally, each of the bids received included alternates, with bid alternate amounts ranging from $304,250.00 to $509,800.00. The apparent low bidder was Foster Marine Contractors with a base bid amount of $594,525.00 and bid alternate amount of $304,250.00. The City requested that Carollo evaluate the low bid and provide an opinion of bid acceptability. Carollo was able to contact two of the four references provided by Foster Marine Contractors. The references contacted provided positive feedback. Copies of the records from these reference interviews are attached. As a result of this evaluation and review of Foster Marine's bid submittal, it is our opinion that their bid includes all aspects of the work and all required documentation were submitted. Carollo recommends awarding the construction contract to perform the Force Main Isolation Valves Project to Foster Marine Contractors in the base bid amount of $594,525.00. It is also recommended that the bid alternate, in the amount of $304,250.00, be considered if it is within the City's budget. Sincerely, CAROLLO ENGINEERS, INC. Scott Richards, P.E. WATIEIII OUR FOCUS OUR '§ 38 of 456 OUR A Kt' ITB-040-2821-20TP - FORCE MAIN ISOLATION VALVES INSTALLATION - Overview of Specifications and Schedule of Prices Schedule/$peciTiration BID PROPDSAL-FORCE MAIN ISOLATION VALVES INSTALLATION BIO ALTERNATE i - VALVE INSTALLATION AT BARRIER FREE PARK {Valve IS) DfawiRR C-3 Certification Pursuam to Florida Sta1ute4 261.135 Anti -K lckb,dAffrdavlt Md Form Rid Rona tgniirmalon Df MlnorltV—d Business Lows eusiness Status Certification Bldder'SQuafifaE Statement Trench SafeIVALTAfflaavit Gonirac[or's qual'dicafoR fteierences Sub-wnhattors NorvColiuslon Affidavit of Proposer anties Professional tJceme RiadA1, $tte Inspect on Confrmabon Resumes Epuip—listing Subfaal CoFt-1 Amount. eomt -Ee �oI— e 6 eeirx. —__.....��......... .. ..........._--- Johnsom6avis,. ice... Mebo E9ument Service,inc. IrH¢rwunty Erigineerfrr�in� ........... PBFCongtrucPay UC Foster Marine Contractors SPb,issioR $Bb i b,; $ubmbsfoni j356misSignl $Wsmksiani $�Q1niy}jpril TMn1 7p5@) TOUT Total Tofal Total $ 666,22$00 S MA,00000 $ &99,125.00 $ 805,362.00 $ 086,02501) $ $94,5250D $ 331,025.00 $ 330,000.00 $ Yes 509,80090 $ 388,393-W $ 392,49600 $ 306,250.00 ea-Nlepanic Yes -Not local Yes Yes Yes -N/A Yes -N. Local Yes Yes Yes Yes -N/A Yes Not Lows Yes Y., Yes -N/A Yes -Not Lowl 1. Yes YEF Yes - NRA YE, N.-1 Yes Yes Yes Yes -N/A Yes -Nos Local Yes Yes Ves Yes�2} YesY. Vet Yes -)1) Yet r s -(1) Yes Yes Yes Yes -None Yes IF, 1s-(2) Yes Not indudea in -1 Yaz Yes -(2) Yes Yes included-Expire58/31/22 Yes YesYF, Yes Included -Expires 8/33122 f AAi Yes mciuded Expires 8131/22 Yet oI lin!n11,i 11,11 Yes included Expires 8/3t/22 Yes Included -Expires 0f31(l2 Yes included- Eepires 8)31122 YF, k rAlu Inpmaea mnpaea I", ,Iwin+d ins.luamfl mnmea Included included Included Included ur.�, s$f5.�ast r Ia us'w Arai x,iviud xp lW r. Page 339 of 456 1 A $; s'tk'A9t1 di.Ept9�a �:, dq'P X," Y, datAX'Y 1SR„ ".4r41. ITB-040-2821-20TP - FORCE MAIN ISOLATION VALVES INSTALLATION Opening Date: November 6, 2020 11:00 AM Closing Date: December 2, 2020 2:30 PM Vendor Details Company Name: Foster Marine Contractors 3180 Fairlane Farms RD, Suite 1 Address: Wellington, FL 33414 Contact: Kevin Schwiderson Email: bids@foster-marine.net Phone: 561-683-0034 Fax: 561-683-0335 HST#: 59-1054370 Submission Details Created On: Wednesday November 25, 2020 15:16:22 Submitted On: Wednesday December 02, 2020 14:15:51 Submitted By: Kevin Schwiderson Email: bids@foster-marine.net Transaction #: 74be1 bfe-dd76-4982-9aae-0a6bc8185f72 Submitter's IP Address: 162.17.119.58 Bid Number: ITB-040-2821-20TP Vendor Name: Foster �agee3�.Qntryc4g Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NONaVIANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - FORCE MAIN ISOLATION VALVES INSTALLATION BASE BID - BID PROPOSAL - Price Proposal Online Form NOTE: Bid Proposal Sheet Line No. 11 - SCO1025 Section 1.111- Indemnification - 111:111 1 111 11::R 'iiw25.00 SCO1025 Section DESCRIPTION ESTIMATED QUANITY UNIT UNIT COST* VALUE 1.11.B Mobilization/Demobilization, Bonds, Insurance and General Requirements, including utility locates and coordination. Contractor shall be limited to a maximum of six percent (6%) of the total bid price. 1 LUMP SUM $32,000.0000 $ 32,000.00 1.11.0 Maintenance of Traffic (MOT) plan 1 LUMP SUM $9,000.0000 $ 9,000.00 1.11.D Dust Control and Storm Water Pollution Prevention 1 LUMP SUM $3,000.0000 $ 3,000.00 1.11.E Line Stops and Temporary Bypass 2 EACH $70,000.0000 $ 140,000.00 1.11.E Valve Vaults 2 EACH $85,000.0000 $ 170,000.00 1.11.G 36 -Inch Plug Valves 2 EACH $83,000.0000 $ 166,000.00 1.11.H Surface Restoration 1 LUMP SUM $30,000.0000 $ 30,000.00 1.11.1 Dewatering 1 LUMP SUM $30,000.0000 $ 30,000.00 1.11.J As- Built record Drawings 1 LUMP SUM $12,000.0000 $ 12,000.00 1.11X Professional Audio / Video of Construction Site 1 LUMP SUM $2,500.0000 $2,500.00 1.11.E Indemnification 1 LUMP SUM $25.0000 $ 25.00 BID ALTERNATE 1 - VALVE INSTALLATION AT BARRIER FREE PARK (Valve #8) Drawing C3 *Award of Contract will be based on the Total Bid Price (not including this Bid Alternatell r ITEM NO SCO1025 SECTION DESCRIPTION ESTIMATE QUANITY UNIT UNIT COST" VALUE Alt 1-1 1.11.M Mobilization/Demobilization, Bonds, Insurance and General Requirements, including utility locates and coordination. Contractor shall be limited to a maximum of six percent (6%) of the total bid price. 1 LUMP SUM $16,000.0000 $ 16,000.00 Alt 1-2 1.11.N Maintenance of Traffic (MOT) plan. 1 LUMP SUM $6,000.0000 $ 6,000.00 Alt 1-3 1.11.0 Dust Control and Storm Water Pollution Prevention 1 LUMP SUM $2,000.0000 $ 2,000.00 Alt 1-4 1.11.P Line Stops and Temporary Bypass 1 EACH $70,000.0000 $ 70,000.00 Alt 1-5 1.11.Q Valve Vaults 1 EACH $85,000.0000 $ 85,000.00 Alt 1-6 1.11.R 36 -Inch Plug Valves 1 EACH $83,000.0000 $ 83,000.00 Alt 1-7 1.11.5 Surface Restoration 1 LUMP SUM $20,000.0000 $ 20,000.00 Alt 1-8 1.117 Dewatering 1 LUMP SUM $15,000.0000 $ 15,000.00 Alt 1-9 1.11.0 As- Built record Drawings 1 LUMP SUM $6,000.0000 $ 6, Alt 1-10 1.11.V Professional Audio / Video of Construction Site 1 LUMP SUM $1,250.0000 25000.00 $ 1,o.0o 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 to make it an official part of with your Bid response. Description Response." Comments Is your company a Minority Owned business? No N/A. Please select the appropriate response Not Applicable N/A. Do you possess a certification qualifying your business as a Minority Owned business? No N/A. Issuing organization name Input response in comments box to the right N/A. Date of Issuance Input response in comments box to the right N/A. Bid Number: ITB-040-2821-20TP Vendor Name: FosterPannne Qoptrr cog Local Business Status Certification I 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: 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. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. 177 We will not be submittina for Local Business Status Certification Bidder's Qualification Statement Bidder's Qualifications Statement Line Item Does the business have Is the business registered with 1 Client name/Client's Representative name Is the business located within the City limits of Boynton Beach, Florida?" a business tax receipt issued in the current the Florida Division of Number of years in business' Business license number' year?' Corporations?' Client Number (561) 683-0034 r Yes r Yes r Yes 5 Number of years as a Contractor in this type of work: (` No (- No (- No R. Howard Wight - President Bidder's Qualification Statement Bidder's Qualifications Statement Line Item Description Response' 1 Client name/Client's Representative name Foster Marine Contractors, Inc. / R. Howard Wight, President 2 Client Address 3180 Fairlane Farms Road, Suite 1 Wellington, Florida 33414 3 Client Number (561) 683-0034 4 Client Email howard@foster-marine.net 5 Number of years as a Contractor in this type of work: 56 6 Names and title of all officers, partners or individuals doing business R. Howard Wight - President under trade name Kevin E. Schwiderson - Vice President / Secretary Michael Czajkowski - Vice President Mary Jane Czajkowski - Treasurer 7 Is the Business is: Sole Proprietorship, Partnership or Corporation Corporation 8 What is the last project of this nature that you have completed? Emergency Repair of 30" Ocean Outfall from SCRWWTB Wastewater Plant in Delray Beach. 9 Have you ever failed to complete work awarded to you. If so, when, No where and why? 10 Have you personally inspected the proposed WORK and do you have Yes a complete plan for its performance? 11 List (2) CM's or GC's your company has worked for within the past Rosso Site Development, Blair Simpson, (561-689-0889), bsimpson@rossositedevelopment.com three years. Contact Person, Contact Number and Email Address Ironwood Properties, Cary Glickstein, (561-279-8952), cglickstein@ironwoodproperties.com 12 List the pertinent experience of the key individuals of your organization. Please see Bid Attachments, Attachment "E" (FMC Key Personnel & Resumes) 13 State the name and licensing of the individual who will have personal R. Howard Wight, Florida General Contractor (License # CGC013244) supervision of the WORK. 14 Will you sublet any part of the WORK? If so, give details. Line Stops - Florida Flow Control, Inc. / As-Builts - Dennis J. Leavy, Inc. All other WORK by Foster Marine Contractors, Inc. 15 What equipment do you own that is available for the WORK? Please see Bid Attachments, Attachment "C" (Equipment List) 16 What equipment will you purchase for the proposed WORK? None, owned equipment is sufficient. 17 What equipment will you rent for the proposed WORK? None, owned equipment is sufficient. 18 Has the Bidder or any principals of the Firm failed to qualify as a No. responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain: 19 List and describe all bankruptcy petitions (voluntary or involuntary) which N/A. have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition 20 List all claims, arbitrations, administrative hearings and lawsuits brought N/A. by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 21 Is the Bidder currently in default on any loan agreement or financing No. agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 22 Bank References (include name, job title, and telephone number of Seacoast Bank (Wellington Branch) contact person) — Minimum 1 Beau Marburger, Commercial Banker (561-335-5205) Bid Number: ITB-040-2821-20TP Vendor Name: Foster Panne3�.Qntr c4g Trench Safety Act Affidavit TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Ad became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description, Unit, Quantity, Unit Price, Extended Price and Method Description" Unit" Quantity" Unit Price' Extended Price" Method' Shoring LS 3 $10,000.00 $30,000.00 Plate Sheeting n/a n/a n/a n/a n/a Na n/a n/a n/a n/a n/a Na n/a n/a n/a n/a n/a Na n/a n/a n/a n/a n/a Na Contractor's Qualification Provide two (2) completed SIGNIFICANT PROJECTS completed within the past ten (10) years as the prime Contractor, including but not limited to the following and similar in cost and volume. Contractor Qualifications: 1. Contractor must be licensed as a General Contractor or Underground Utility Contractor in the State of Florida. 2. Contractor shall have successfully completed the construction of two (2) projects that included, but not limited to the following, and similar in cost and volume in the past ten (10) years as the prime Contractor: • Pipeline work of 24 -inches or greater including wastewaterforce main piping • 24 -inches or greater line stops or greater • Thrust restraint • Trench boxing / vault installation • Maintenance of Traffic Successfully completed means that the project has reached Final Completion and that there are no pending issues. Description Reference 1 - Past Ten (10) Years' Reference 2 - Past Ten (10) Years" Name of Agency: South Central Regional Wastewater Treatment Board Palm Beach County Water Utilities Contact Person: Doug Levine Plant Manager Michael K. Gleman Contact Telephone Number: 561-272-7061 561-493-6144 Email Address: dlevine@scrwwtp.org mkgleman@pbcwater.com Project Name: 30" Emergency Outfall Repair WUD 09-049 Water Treatment Plant #9 (6) Sufficial Production Wells 26-31 Project Description: Deteriorated 30" pipe/fittings and valve replacement on Atlantic Avenue on east side of Intracoastal and in Veteran's Park on the west side. Line stoppage of 30" flows, vault modifications. Installation of (6) surficial wells including mw water mains sizes 30", 24", 16", & 12". Including (3) horizontal directional drills as follows: 20" HDPE (700'), 16" HDPE (500'), and 12" (600'). Plus, mechanical and flanged piping, pump installation, electrical, and instrumentation. Project Address/Location: Atlantic Avenue, Delray Beach Water Treatment Plant No. 9, Boca Raton Project Start Date: July 2017 January 15, 2012 Project Completion Date: February 2018 April 16, 2013 Contract Final Cost 1$391,000.00 $3,514,985.00 Bid Number: ITB-040-2821-20TP Vendor Name: Foster Panne3�.Qntr c4g References Provide two (2) SIGNIFICANT PROJECTS currently under construction. The City is interested in learning of other experiences with your firm, as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Procurement or designee will email and or call each reference up to three (3) times. New Column Reference 1 - Current Project" Reference 2 -Current Project" license No' Name of Agency: City of West Palm Beach Town of Gulf Stream 3180 Fairlane Farms Road, Agency Contact: Laura Le, P.E. Greg Dunham, Town Manager 22 Contact Telephone Number: 561-494-1093 561-276-5116 Email Address: Ile@wpb.org gdunham@gulf-stream.org 460 Business Park Way, Suite B, Name of Project: Lake Mangonia 42" Aerial Force Main A1A Water Main Replacement 2 Project Description: Installation of 42" forcemain aerial crossing to replace existing Installation of 12" and 8" water mains by open cut and 42" prestressed concrete cylinder pipe over Lake Mangonia. directional drill, including fittings, valves, water services, fire hydrants along State Road A1A. Builts Project Address/Location JWest Palm Beach, Florida ITown of Gulf Stream, Florida Project Start Date IFebruary 2020 IMay 2020 Project Completion Date: lCurrent Current Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub -contractors The Bidder proposes the following major sub -contractors for the major areas of work for the Project. The Bidder is further notified that all sub -contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. Owner reserves the right to reject any sub -contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub -contractor in order to make a determination as to the foregoing. Name ' Address " Scope of work" license No' Contract Amount" Percentage I%) of Contract" Florida Flow Control, Inc. 3180 Fairlane Farms Road, Line Stops CGC1522189 $140,000.00 22 Wellington, FL 33414 Dennis J. Leavy & 460 Business Park Way, Suite B, Survey, Layout, and Completed As- LB6599 $12,000.00 2 Associates, Inc. Royal Palm Beach, FL 33411 Builts Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. These procurement documents must be completed, signed, notarized and uploaded online with the proposal in order for the Bid to be considered complete and acceptable. Bid Number: ITB-040-2821-20TP Vendor Name: FosterPannne Qpntrr cog . Anti -Kickback Affidavit - Anti -Kickback Affidavit.pdf - Wednesday December 02, 2020 12:55:05 . Bid Bond - Bid Bond.pdf - Wednesday December 02, 2020 12:54:50 . Bid Form - Bid Form.pdf - Wednesday December 02, 2020 13:19:25 . Certification Pursuant to Florida Statute F� 287.135 - FS Affidavit.pdf - Wednesday December 02, 2020 12:55:16 . Submit current Florida Professional License, including evidence of possession of required licenses or business permits - Licenses & Sunbiz Forms. pdf -Wednesday December 02, 2020 124224 . Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form - Sample COI.pdf - Wednesday December 02, 2020 12:43:17 . Warranties - Warranties.pdf - Wednesday December 02, 2020 13:20:25 . Submit any Supplemental information relative to this ITB - Supplemental Information (Bid Attachments A-H).pdf - Wednesday December 02, 2020 12:56:46 . Additional Document - Bidder Qualification & Non -Collusion Affidavit.pdf - Wednesday December 02, 2020 14:05:57 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected fine. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. . Digital Bond - Bid Bond.pdf - Wednesday December 02, 2020 13:21:08 Bid Number: ITB-040-2821-20TP Vendor Name: Foster Panne3CQntr c4g RWM Little League Park-EWTP 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 this Contractor Agreement, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its sub -contractors and lower tier sub -contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subconsultants or lower tier sub -consultants 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. Confirmation of Drug Free Workplace 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 drug- free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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. 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. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 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. 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. 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 r, I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Howard Wight, President, Foster Marine Contractors, Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have ureviewed flit Ilbelloww�:a�ddeuv�d unci :and File Name Pages :atl4aclruuvueui1a (ii11. allr'llr'lliicua ll:Wlle) Addendum No 2 - Force Main Isolation Valves Installation Mon November 30 2020 05:00 PM Addendum No 1 - Force Main Isolation Valves Installation Tue November 24 2020 11:11 AM Bid Number: ITB-040-2821-20TP Vendor Name: Foster Panne3�.Qntr c4g Bid Number: ITB-040-2821-20TP Vendor Name: FosterPa 'ne3CTt c4g CONTRACTOR REFERENCE SUMMARY Project: City of Boynton Beach Force Main Isolation Valves Bid No.: ITB 040-2821-20/TP Contractor: Foster Marine Contractors Reference: Doug Levine — Plant Manager — South Central Regional Wastewater Treatment Plant — Boynton Beach Date of Phone Call: December 7, 2020 1. What kind of project did the Contractor work with you on? Emergency pipeline repair and installation of 30" plug valve. 2. What was the construction cost of the project? Ballpark $500,000. 3. What year was the contract completed? 2018. 4. Did Contractor do quality work, i.e., were you pleased with his performance? Yes. 5. Was the Contractor easy to contact and work with? Yes. 6. Did Contractor complete work within the specified contract time period? Yes. 7. If you had the choice, would you use this Contractor again? Yes. Page 348 of 456 Project: City of Boynton Beach Force Main Isolation Valves Bid No.: ITB 040-2821-20/TP Contractor: Foster Marine Contractors Reference: Greg Dunham —Town Manager —Town of Gulf Stream Date of Phone Call: December 8, 2020 1. What kind of project did the Contractor work with you on? A1A 6" Watermain Replacement. 2. What was the construction cost of the project? Approximately $2 Million. 3. What year was the contract completed? Ongoing. 4. Did Contractor do quality work, i.e., were you pleased with his performance? Yes, town engineers and inspectors are very pleased with their work. 5. Was the Contractor easy to contact and work with? Yes. 6. Did Contractor complete work within the specified contract time period? i believe they will, they are very good with their schedule. 7. If you had the choice, would you use this Contractor again? Yes, in fact we hired them to do more road and drainage work for the town. Page 349 of 456 C00111 Requested Action by Commission: Proposed Resolution No. R21-012 - Approve a contract with Southern Underground Industries, Inc. for the 24 -inch Raw Water Main Extension - Little League Park to East Water Treatment Plant project, Bid No. ITB 039-2821-20/TP in the amount of $690,929.06 plus a 10% contingency of $69,092.91, if needed, for staff approval of change orders for unforeseen conditions, for a total expenditure of $760,021.97. Explanation of Request: On December 2, 2020, bids were received for the 24 -inch Raw Water Main Extension — Little League Park to East Water Treatment Plant project, Bid No. ITB 039-2821-20/TP. Four (4) bids were received that ranged from $690,929.06 to $744,553.00. Utilities staff completed the engineering design for the project, reviewed the bids, and contacted references provided for the apparent low -bidder Southern Underground Industries, Inc. Based on the evaluation of the information provided with the bids, Southern Underground Industries, Inc. is the lowest most responsive, responsible, and qualified bidder. Staff recommends award of the contract to Southern Underground Industries, Inc. How will this affect city programs or services? The existing 24 -inch raw water main at Little League Park is currently connected to an existing 16 -inch pipeline, which is undersized and has reached the end of its useful life. The project will replace the 16 -inch pipe with 24 -inch ductile iron pipe and 30" high density polyethylene (HDPE) pipe to increase the raw water capacity from the Eastern Wellfield at Little League Park to the East Water Treatment Plant. The majority of the pipeline will be installed by horizontal directional drill (HDD) along the south side of Woolbright Road. Fiscal Impact: Budgeted The total requested funding for the project including 10% contingency is $760,021.97. Funding is available in the Utilities C I P account. Alternatives: Not award the construction contract at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 350 of 456 Grant Amount: Attachments: Type D IRE)S()ll LA ti 0 II'l D Cointract D Bid D AddE)indUlirn D AttacNrTIENI'lt Description IRE)SOkAboin appiroviing Cointiract with SOLJIChE�Irirl L.JindE)ir'gir'C)L.Jlind I ndUlstriE)S for If aw WatE)r IMaiin EAE)II'lSi011'I WatE)r li aiin I ittE) I EsagLJIE) IFlairlk Cointiract with SOLAChENrin L.JindE)ir'gir'C)L.Jlind Bid T,'.-,.ibL.Jlbboin SOLAChENrin L.JindE)ir'gir'C)L.Jlind lindUlstriEss IBlid S Ulbirnissioin Cointractor IfRE)fE)ir'E)1['10E)S Page 351 of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH SOUTHERN UNDERGROUND INDUSTRIES, INC. FOR THE 24 -INCH RAW WATER MAIN EXTENSION - LITTLE LEAGUE PARK TO EAST WATER TREATMENT PLANT PROJECT, BID NO. ITB 039-2821-20/TP IN THE AMOUNT OF $690,929.06 PLUS A 10% CONTINGENCY OF $69,092.91, IF NEEDED FOR STAFF APPROVAL OF CHANGE ORDERS FOR UNFORESEEN CONDITIONS, FOR A TOTAL EXPENDITURE OF $760,021.97, SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 2, 2020, four (4) bids were received for the 24 -inch Raw Water Main Extension — Little League Park to East Water Treatment Plant project, Bid No. ITB 039-2821-20/TP; and WHEREAS, based on the evaluation of the information provided with the bids, Southern Underground Industries, Inc. is the lowest most responsive, responsible, and qualified bidder; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents to approve and authorize the City Manager to sign a contract with Southern Underground Industries, Inc. for the 24 -inch Raw Water Main Extension - Little League Park to East Water Treatment Plant project, Bid No. ITB 039-2821-20/TP in the amount of $690,929.06 plus a 10% contingency of $69,092.91, if needed for staff approval of change orders for unforeseen conditions, for a total expenditure of $760,021.97. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. S:ACA\RESO\Agreements\Contract with Southern Underground (Raw Water Main Extention) - Reso.docx Page 352 of 456 33 34 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 35 approves and authorizes the City Manager to sign a contract with Southern Underground 36 Industries, Inc. for the 24 -inch Raw Water Main Extension - Little League Park to East Water 37 Treatment Plant project, Bid No. ITB 039-2821-20/TP in the amount of $690,929.06 plus a 38 10% contingency of $69,092.91, if needed for staff approval of change orders for unforeseen 39 conditions, for a total expenditure of $760,021.97, subject to final review and approval by 40 the City Attorney. A copy of the signed Contract is attached hereto and incorporated herein 41 as Exhibit "A". 42 Section 3. That this Resolution shall become effective immediately. 43 PASSED AND ADOPTED this day of January, 2021. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor — Steven B. Grant 48 49 Vice Mayor — Ty Penserga 50 51 Commissioner — Justin Katz 52 53 Commissioner — Woodrow L. Hay 54 55 Commissioner — Christina L. Romelus 56 57 VOTE 58 ATTEST: 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) S:ACA\RESO\Agreements\Contract with Southern Underground (Raw Water Main Extention) - Reso.docx Page 353 of 456 DRAFT CONSTRUCTION CONTRACT 241N RAW WATER MAIN EXTENSION LITTLE LEAGUE PARK- EAST WATER TREATMENT PLANT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and , a corporation partnership sole proprietor authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of , 2020; by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: 241N RAW WATER MAIN LITTLE LEAGUE PARK — EAST WATER TREATMENT PLANT, Invitation to Bid #039-2821-20/TP. Article 2. CONSULTANT. City of Boynton Beach.("CONS ULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 120 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree Bid No. 039-2821-20/TP — 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP Revised 10/7/2020 C-1 that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, _TBD Dollars ($ ) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY _TBD Dollars ($ ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: (Written) Article 5. PAYMENT PROCEDURES. (Numerical) CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: Bid No. 039-2821-20/TP — 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP C-2 Revised 10/7/2020 a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special / Supplemental Conditions 7.8 Technical Specifications 8.8.1 City Construction Standards and Details (available online at: wwweboynton- beach.org/water-utilities/new-construction) 7.9 Drawings entitled: Cover, 7.10 Addendum No. 1 Dated Bid No. 039-2821-20/TP — 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP Revised 10/7/2020 C-3 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Utilities Department Attn: Jose Huertas, Senior Project Manager 124 E. Woolbright Road Boynton Beach, FL 33435 Tel (561) 742 - 6487 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR ADDRESS CITY/STATE/ZIP Attn: Tel: Fax: Article 9. INDEMNITY. City of Boynton Beach Finance Department Attn: Director of Finance 100 E. Ocean Avenue Boynton Beach, FL 33435 Tel (561) 742-6310 Fax (561) 742-6316 In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW. 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 a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the Bid No. 039-2821-20/TP — 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP C-4 Revised 10/7/2020 duration of the contact 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, 11.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6061 GIBSONC@BBFL.US Article 12. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 13. MISCELLANEOUS. 13.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 13.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Bid No. 039-2821-20/TP — 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP Revised 10/7/2020 C-5 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 2020. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: Jim Cherof Office of the City Attorney Attested/Authenticated: Crystal Gibson City Clerk Bid No. 039-2821-20/TP — 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP C-6 Revised 10/7/2020 ITB 039-2821-20TP- 24 -INCH RAW WATER MAIN EXTENSION LITTLE LEAGUE PARK -EAST WATER TREATMENT PLANT -Owmim of Specifications and Schedule of Prices T.NT11NT "I 111, K11 -1k Iffil-, 11— TIh,l�f��11,1,�'Ifhl, N., N/A N/A N/A N.1.11fi-1- N.1 1-1 Page 360 of 456 ITB 039-2821-20TP - 24 -INCH RAW WATER MAIN EXTENSION LITTLE LEAGUE PARK - EAST WATER TREATMENT PLANT Opening Date: November 3, 2020 12:00 PM Closing Date: December 1, 2020 2:30 PM Vendor Details Company Name: Southern Underground Industries, Inc Does your company conduct business under any other name? If Florida yes, please state: 1454 SW 13th Court Address: Pompano Beach, FI 33069 Contact: Lisa Valencia Email: Lisav@southernui.com Phone: 954-710-0470 Fax: 305-216-0370 HST#: FEIN Submission Details Created On: Monday November 30, 2020 14:50:06 Submitted On: Tuesday December 01, 2020 10:43:46 Submitted By: Lisa Valencia Email: Lisav@southernui.com Transaction #: 88b1 b9a6-786a-488a-8524-1f7f8adc6bb9 Submitter's IP Address: 192.30.38.235 Bid Number: ITB 039-2821-20TP Vendor Name: Southern Undergrpu�nd lr�61triiie IpQ Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - 241NCH RAW WATER MAIN EXTENSION LITTLE LEAGUE PARK - EAST WATER TREATMENT PLANT Bid / Price Proposal Online Form NOTE: Bid Proposal Sheet ITEM NO. 5 - SC01025 Section 1.11.F- Indemnification - PLEASE ENTER $25.00 SC01025 Section DESCRIPTION ESTIMATED QUANITY UNIT UNITCOST* VALUE 1.11.13 Mobilization/Demobilization, Bonds, Insurance and General Requirements, including utility locates and coordination. Contractor shall be limited to a maximum of six percent (6%) of the total bid price. 1 LUMP SUM $18,181.9000 $ 18,181.90 1.11.0 Contractor to develop and implement, Maintenance of Traffic (MOT) plan 1 LUMP SUM $10,980.0000 $ 10,980.00 1.11.D As -built Record Drawings 1 LUMP SUM $6,799.0600 $ 6,799.06 1.11.E Professional Pre- and Post -Construction Photographs / Video of Construction Site 1 LUMP SUM $2,348.5000 $ 2,348.50 1.11.1' Indemnification 1 LUMP SUM $25.0000 $ 25.00 1.11.G 30" HDPE DR 13.5 by HDD including Bore Pits 1340 LINEAR FOOT $329.7600 $ 441,878.40 1.11.H 24" DIP WM with Restrained Joints 50 LINEAT FOOT $370.8100 $ 18,540.50 1.11.1 24 -inch Gate Valve, and tie-in to existing 24" Raw WM 1 EACH $23,041.9100 $ 23,041.91 1.11.J 12 -inch Gate Valve, remove existing, replace reducer with 24"x12", and tie-in to existing 12" Raw WM 1 EACH $11,807.6700 $ 11,807.67 1.11.K Abandon 16" G.V. Install MJ Cap and concrete block 1 LUMP SUM $8,274.8700 $ 8,274.87 1.11.E Remove 24"x16" Reducer, Replace Existing Wye with 24"x24" Wye, and Tie-in to Existing 24" DIP 1 LUMP SUM $21,929.8500 $ 21,929.85 1.11.M Furnish and install 24" 45 Degrees Restrained Bends 4 EACH $4,897.7500 $ 19,591.00 1.11.N Furnish and Install 30"x24" Reducer with DIP/HDPE Adaptor 2 EACH $12,186.8600 $ 24,373.72 1.11.0 Furnish and Install ARV on 24" WM Including Vault 2 EACH $7,544.2000 $ 15,088.40 1.11.P Grout and abandon in Place 16" Pipe (includes removal of 2- 16" valves) 1410 LINEAR FOOT $18.5700 $ 26,183.70 1.11.Q Pigging & Testing Water Main 1 LUMP SUM $8,802.9000 $ 8,802.90 1.11.R Open Cut Trench and Bore Pits Pavement Repair per PBC Standards 1 LUMP SUM $8,002.4700 $ 8,002.47 1.11.R Open Cut Trench and Bore Pits Pavement Repair per City Standards 1 LUMP SUM $7,874.3700 $ 7,874.37 1.11.S Mill and Overlay per PBC Standards including Associated Striping 301 SQUARE YARD $14.6400 $ 4,406.64 1.11.T Replace sidewalk in kind 25 LINEAR FOOT $200.2300 $ 5,005.75 1.11.T Replace Curbs in kind 35 LINEAR FOOT $138.0600 $ 4,832.10 1.11.0 ADA Sidewalk Handicap Ramp and Mat 1 EA $2,960.3500 $ 2,960.35 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 to make it an official part of with your Bid response. Description Response." Comments Is your company a Minority Owned business? Yes Yes Please select the appropriate response Black Black Do you possess a certification qualifying your business as a Minority Owned business? No No Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Local Business Status Certification I 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: 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. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. P We will not be submitting for Local Business Status Certification Bid Number: ITB 039-2821-20TP Vendor Name: Southern Undergrpuage�u�triiie IpQ Does the business have a Is the business registered with the Is the business located within the City limits of Boynton Beach, Florida? * business tax receipt issued Florida Division of Corporations? * Number of years in business" Business license number" in the current year?' r Yes r Yes r Yes r No r No r No Bid Number: ITB 039-2821-20TP Vendor Name: Southern Undergrpuage�u�triiie IpQ Bidder's Qualification Statement Bidder's Qualifications Statement —TO BE ATTACHED ONLINE a. Briefly introduce your finn, providing a summary of administration, organization and staffing of your fine, including multiple offices, if applicable. In this section, it should clearly state the contact person title and contact in formation. b. Provide pertinent experience of key individuals and personnel assigned to project. C. Describe how your fine is qualified to provide the required functions of this Bid. d. Location of office where the bulk of services solicited will be performed. e. Disclose all incidents of detault on projects where your fine acted as the primary Contractor and provide the current status of such incidents. f. Describe any prior or pending litigation or investigation, either civil or criminal, involving a governmental agency or which may affect the performance of the services to be rendered herein, in which the Finn, any of its employees, subcontractors, or sub - consultants is or has been involved within the last three (3) years. g. Provide a list and quantity of fine's type of machinery/equipment to be used for this contract. h. Provide a list and quantity of fine's subcontractors, if applicable type of machinery/equipment to be used for this contract. Line Description Response' Item Extended Price * Method' 1 Client name/Client's Representative name Southern Underground Industries, Inc 3,000.00 3,000.00 Belseri Comerford 2 Client Address 1454 SW 13th Court 2,000.00 2,000.00 Pompano Beach, FL 33069 3 Client Number 954-590-0322 4 Client Email lisav@southernui.com 5 Number of years as a Contractor in this type of work: 12 Years 6 Names and title of all officers, partners or individuals doing business under Belseri Comerford- President/Secretary N/A trade name N/A 7 Is the Business is: Sole Proprietorship, Partnership or Corporation Corporation 8 What is the last project of this nature that you have completed? McMullen Booth Road and SR 580 Water Main Improvements 9 Have you ever failed to complete work awarded to you. If so, when, where No and why? 10 Have you personally inspected the proposed WORK and do you have a Yes complete plan for its performance? 11 List (2) CM's or GC's your company has worked for within the past three N/A years. Contact Person, Contact Number and Email Address 12 List the pertinent experience of the key individuals of your organization. Our project managers and superintendents have over 20 years experience in this line of work. We have resumes available upon request. 13 State the name and licensing of the individual who will have personal Jose Polanco- P.E. supervision of the WORK. 14 Will you sublet any part of the WORK? If so, give details. Yes, we will sub out the pre -construction video, the MOT, and the surveying. 15 What equipment do you own that is available for the WORK? We have an extensive equipment list available upon request. 16 What equipment will you purchase for the proposed WORK? We will purchase equipment as needed. 17 What equipment will you rent for the proposed WORK? We will rent equipment as needed. 18 Has the Bidder or any principals of the Firm failed to qualify as a responsible No Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain: 19 List and describe all bankruptcy petitions (voluntary or involuntary) which have None been fled by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition 20 List all claims, arbitrations, administrative hearings and lawsuits brought by or None against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 21 Is the Bidder currently in default on any loan agreement or financing No agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 22 Bank References (include name, job title, and telephone number of contact American National Bank- Ashley House person) — Minimum 1 Branch Operations Assistant Direct Phone 954-267-8155 Fax 954- 491-2833 Trench Safety Act Affidavit TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSALAND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETYACT (90-96 LAWS OF FLORIDA). THESE ITEMS AREA BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. 'COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description, Unit, Quantity, Unit Price, Extended Price and Method Description' Unit' Quantity * Unit Price * Extended Price * Method' Trench Boxes Lump Sum 1 3,000.00 3,000.00 Trench Boxes will be used. Steel Plates Lump Sum 1 2,000.00 2,000.00 Steel Plates will be used. N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Bid Number: ITB 039-2821-20TP Vendor Name: Southern Undergrpuage�u�triiie IpQ References Provide three (3) SIGNIFICANT PROJECTS completed within the past five (5) years. Provide three (3) SIGNIFICANT PROJECTS currently under construction. The City is interested in learning of other experiences with your firm, as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Procurement or designee will email and or call each reference up to three (3) times. Description Reference 1 - Pass Five (5) Reference 2 - Pass Five (5) Reference 3 - Pass Five (5) Years" Reference 1 —Current Reference 2 — Current Project Reference 3 - Current Project" Pre and Post Construction Video N/A Years' Years' Project " Name of Agency: Pinellas County Board Of Pasco County Purchasing Tohopekaliga Water Authority City of Longwood City of Fort Lauderdale Pinellas County Board of Oakland Park, FL 33334 Commissioners Department Commissioners Name of Project: McMullen Booth Road and SR Waters Edge Residential and Simpson Road 30" Water Main Transmission Main Project Annual Sewer Repairs and Pump Station 016\Park Blvd 580 Water Main Improvements River Ridge Golf Course Project Replacement Force Main to South Reclaimed Water Transmission Cross Bayou Replacement Main Address: 400 S. FT. Harrison Ave 8919 Government Drive 951 Martin Luther King Blvd 175 Warren Avenue 100 N. Andrews Avenue, 400 S. Ft. Harrison Ave Clearwater, FL 33756 New Port Richey, FL 34654 3rd Floor Longwood, Florida 32750 Room 619 Clearwater, FL 33756 Kissimmee, FL34741 Fort Lauderdale, FL 33301 Date of Service: February 2019 February 2018 May 2016 March 2019 December 2019 March 2020 Date of Service November 2019 October 2018 September 2017 Will be completed November This is a 4 year annual Will be completed in early 2021 ,. Completed: 2020 contract. Contact Person: Dale Laird, P.M. Ivan Martinez Edwin Matos, RE Jeremy Jardell PE Herb Stanley PM Ray Gambling Email: dlaird@pinellascounty.org imartinez@pascocountyfl.net Ematos@tohowater.com Jjardell@bfenvironmental.com Hstanley@gortlauderdale.gov rgambling@pinellascounty.org Phone #: (727)464-8883 (813) 235-6189 (407)-944-5000 321-332-1097 954-828-6801 727-464-8879 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub -contractors The Bidder proposes the following major subconsultants for the major areas of work for the Project. The Bidder is further notified that all sub -contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. Owner reserves the right to reject any sub -contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub -contractor in order to make a determination as to the foregoing. Name ' Address " Iscope of work" I license No Contract Amount IPercentage (%) of Contract" LP Video 1818 Elsa St, Pre and Post Construction Video N/A 1,200.00 Less than 1% Orlando, FL 32806 MOT Plans 631 NE 45 Street, Maintenance of Traffic N/A 5,000.00 Less than 1% Oakland Park, FL 33334 Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. These procurement documents must be completed, signed, notarized and uploaded online with the proposal in order for the Bid to be considered complete and acceptable. . Anti -Kickback Affidavit - Anti Kick Back.pdf - Monday November 30, 2020 20:01:09 . Bid Bond - Bid Bond Executed. pdf - Monday November 30, 2020 19:53:27 . Bid Form - Bid Form Boynton.pdf - Monday November 30, 2020 19:32:35 . Certification Pursuant to Florida Statute § 287.135 - Certification FL Statues.pdf - Monday November 30, 2020 20:12:17 . Submit current Florida Professional License includina evidence of possession of required licenses or business permits - FL Licenses.pdf - Monday November 30, 2020 20:04:35 . Submit proof of Professional Liabilitv Insurance atthe levels identified on the Insurance Advisor Form - Sample Insurance Certificate.pdf - Monday November 30, 2020 20:14:10 . Warranties - Warranties.pdf - Monday November 30, 2020 20:11:19 . Submit any SUDDlemental information relative to this ITB - Inspection Confirmation. pdf - Monday November 30, 2020 20:20:38 . Additional Document - Non Collusion.pdf - Monday November 30, 2020 20:20:56 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected firm. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. . Digital Bond - Bid Bond Executed.pdf - Monday November 30, 2020 20:15:29 Bid Number: ITB 039-2821-20TP Vendor Name: Southern Undergr�age�g4trie , 1pr, RWM Little League Park-EWTP 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 this Contractor Agreement, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its sub -contractors and lower tier sub -contractors. 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 sub -contractors 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. Confirmation of Drug Free Workplace 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 drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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. 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. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 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. 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. 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. F IfWe have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Belseri Comerford , President, Southern Underground Industries, Inc The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. II Ihuave loviu*e'"m tlhuu* File Name I atldeli+tlu in mild Pages attaulll i ni anruts f1111 appwllllvalbllpe Addendum No. 5 - 241N Raw Water Main Extension Little League Park - EWTP Tue November 24 2020 11:28 AM Addendum No. 4 - 24 -IN Raw Water Main Extension Little League Park - East Water Treatment Plant Tue November 24 2020 09:16 AM Addendum No. 3 - 241N Raw Water Main Extension Little League - EWTP Wed November 18 2020 10:40 AM Addendum No. 1 - 241N Raw Water Main Extension Little League Park - EWTP Thu November 12 2020 11:16 AM Addendum No. 2 - 241N Raw Water Main Extension Little League Park - EWTP Thu November 12 2020 11:15 AM Bid Number: ITB 039-2821-20TP Vendor Name: Southern Undergr�age�bgrie 4II'Q Bid Number: ITB 039-2821-20TP Vendor Name: Southern Undergrpu�nd ln�6griiieN1I Solicitation No. and Title: Bid No 039-2821-20/TP — 241N Raw Water Main Extension Little League Park — East Water Treatment Plant Reference For: Southern Underground Industries, Inc. Organization/Firm Name Providing Reference: Tohopekaliga Water Authority Reference Date: 12/9/20 Contact Name: Edwin Matos, P.E. Title, Project Manager Contact Email:Ematos tohowater.com Name of Reference Project: Simpson Road 30" Water Main Project Project Manager/Contact: Date of Services: September 2017 Project Amount: Vendor's Role in Protect: ®Prime Vendor: ❑Sub-Consultant/Sub- Contractor: Would you use this vendor again? ®Yes comments below: Description of services provided by vendor: Extension of one mile of 30" water main ❑No If No, please specify in additional Did the project include pipe installation by horizontal directional drilling? If so, please provide the pipe diameter and length of drill. 730 feet of 36" HDPE Please rate your experience with the Reference Vendor: Needs Improvement Satisfactory Excellent Not Applicable Indicate an X in the appreciate box: Vendor's Quality ofService: Responsive X Accuracy X Deliverables X 2. Vendor's Organization: Staff Expertise_ Professionalism _.... Turnover _................ .._.�w .._�a X w X .. X Additional Comments: (Provide on additional sheet if needed) Verified Via: ZEmail *THIS SECTION FOR CITY USE ONLY** Verbal Verified By: l - Dept./Division: 4nDate: 12- - _ . -, Page 367 of 456 Solicitation No. and Title: Bid No 039-2821-20/TP - 241N Raw Water Main Extension Little League Park - East Water Treatment Plant Reference For: Southern Underground Industries, Inc. Organization/Firm Name Providing Reference: City of Longwood Reference Date: 12/9/20 Contact Name: Jeremy Jardell P.E. Title: Project Manager Contact Email;ardell abfenvironmental.com Name of Reference Project: Transmission Main P Project Manager/Contact: Date of Services: 3/19-10/20 Project Amount: $3,722,162 Vendor's Role in Project: ®Prime Vendor: ❑Sub-Consultant/Sub-Contractor: Would you use this vendor again? ®Yes ❑No If No, please specify in additional comments below: Description of services provided by vendor: Construction of approximately 17,000 LF of 16" PVC force main by open cut, HDD, & Jack & Bore Did the project include pipe installation by horizontal directional drilling? If so, please provide the pipe diameter and length of drill. 9,600 LF of 16" fusible PVC installed by 10 separate HDD's the longest of which was 1 1600 LF. Please rate your experience with the Reference Vendor: Needs Improvement Satisfactory Excellent Not Applicable Indicate an X in the appreciate box: Vendor's Quality of Service: _._,. �—. Project X �.__...........__.... _... .�m_._ ......... . ------- Deliverables X 4 Project Completed Within Budget: .. X — Additional Comments: (Provide on additional sheet if needed) *THIS SECTION FOR CITY USE ONLY** ZEmail Verified Via: Verbal Verified By: ,- Dept./Division: ' ' ate: 1� a•k a - Page 368 of 456 Solicitation No. and Title: Bid No 039-2821-20/TP — 241N Raw Water Main Extension Little League Park — East Water Treatment Plant Reference For: Southern Underground Industries, Inc. Reference Date: 12/9/20 Organization/Firm Name Providing Reference: Pinellas County Board of Commissioners Contact Name: Dale Laird Title: Const. Admin. Coor.mmmm Contact Email: dlaird inellascount.or Name of Reference Project: McMullen Booth Road and SR 580 Water Main Improvements Project Manager/Contact: Date of Services: February 2019 Project Amount: 1,255,203.00 Vendor's Role in Project: ®Prime tor: � Vendor: ❑Sub-Consultant/Sub-Contractor: Would you use this vendor again? ®Yes ❑No If No, please specify in additional comments below: Description of services provided by vendor: Direction drill approx. 3000 LF of 16" parallel water main from south of Curlew Rd. to SR 580 intersection and approx.. 30 LF of 12" parallel water main at the intersection of McMullen Booth Road to SR 580. There was also open cut water main installation. Did the project include pipe installation by horizontal directional drilling? If so, please provide the pipe diameter and length of drill. See above Please rate your experience with the Reference Vendor: Needs Improvement Satisfactory Excellent Not Applicable Indicate an X in the appreciate box: 1. Vendor's Quality of Service: Responsive Deliverables 2. Vendor's Organization: X 4. Project Completed Wiithin Budget: X Additional Comments: (Provide on additional sheet if needed) *THIS SECTION FOR CITY USE ONLY** 2 llo Z� Verified Via: _X_ Email Verbal Verified By: 1, , Dept./Division: ate: Page 369 of 456 1" Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for January 05, 2021- "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT Pre -qualified 057-2821-16/TP January 18, CIP- Projects I nsituform Contractors perform 2021 thru are budgeted in Technologies, LLC Cured -In -Place Pipe January 17, the Utilities Lining. The City will 2022 Capital SAK Construction issue a Bid for each Improvement. specific CIPP Lining Project, on an "as - needed basis" to the pre -qualified contractors. The lowest bid from the pre- qualified contractors will be brought to Commission for approval to award How will this affect city programs or services? Fiscal Impact: Budgeted This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Alternatives: Funds have been budgeted under line items as noted on the attached report. Strategic Plan: Strategic Plan Application: Page 370 of 456 Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D AddE)indUlirn D AddE)indUlirn D AddE)indUlirn Description REQUES T F:::OIBID EXTENSIONS 1 05 21 IRW Siglu Esof IREqLAE)St SAK Coir stir'LAC,6011'1 12 17..20 IIRVV,doc, (SAS Sigl['Md) Siglu Esof IREqLAE)St 1111SRUlforirn 1x...17...° 1:RVV doc, Page 371 of 456 REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: JOSEPH PATERNITI JR. TERM: January 18, 2021 thru January 17, 2022 SOURCE FOR PURCHASE: RFQ No. 057-2821-16ITP ACCOUNT NUMBER: Projects are budgeted in the Utilities Capital Improvement. VENDOR(S): Insituform Technologies, LLC ANNUAL ESTIMATED EXPENDITURE: CIP DESCRIPTION: The City Commission approved on 1/17/17 the list of top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Cured -In -Place Pipe (CIPP) Lining, RFQ No. 057-2821-16/TP, as pre -qualified Contractors with the skills, experience and requisite products needed to successfully perform Cured -In -Place Pipe Lining. The City will issue a Bid for each specific Cl PP Lining Project, on an "as- needed basis" to the pre -qualified contractors. The lowest bid from the pre -qualified contractors will be brought to Commission for approval to award. This Agreement allows for two (2) additional one-year renewals under the same prices, terms and conditions. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for the renewal thru January 17, 2022. DEPARTMENT CONTACT: JOSEPH PATERNITI JR. TERM: January 18, 2021 thru January 17, 2022 SOURCE FOR PURCHASE: RFQ No. 057-2821-16ITP ACCOUNT NUMBER: Projects are budgeted in the Utilities Capital Improvement. VENDOR(S): SAK Construction ANNUAL ESTIMATED EXPENDITURE: CIP DESCRIPTION: The City Commission approved on 1/17/17 the list of top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Cured -In -Place Pipe (CIPP) Lining, RFQ No. 057-2821-16/TP, as pre -qualified Contractors with the skills, experience and requisite products needed to successfully perform Cured -In -Place Pipe Lining. The City will issue a Bid for each specific Cl PP Lining Project, on an "as- needed basis" to the pre -qualified contractors. The lowest bid from the pre -qualified contractors will be brought to Commission for approval to award. This Agreement allows for two (2) additional one-year renewals under the same prices, terms and conditions. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for the renewal thru January 17, 2022. The City of iw / iM +l Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 December 17, 2020 Terry Adderhold & Boyd Hirtz, SAK Construction, LLC VIA EMAIL TRANSMITTAL TO: Bidci sakcor.coNt Bid No. 057-2821-16ITP FOR CURED -IN-PLACE PIPE LINING (CIPP) CURRENT CONTRACT PERIOD: JANUARY 18, 2020 THRU JANUARY 17, 2021 Dear Mr. Costa & Ms. Koller: The Agreement for "CURED -IN-PLACE PIPE LINING (CIPP)" will expire on January 17, 2021. This Agreement allows for one (1) additional one-year renewal under the same prices, terms and conditions. The City of Boynton Beach would like to renew this contract with your firm for an additional one-year term under the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services via email to woodsabbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Randy Wood, Contract Administrator at (561) 742-6318. Sincerely, Randy Wood Contract Administrator cc: Taralyn Pratt, Contract Coordinator, Utilities Department File America's Gateway to the Gulf Stream Page 373 of 456 The City of i Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 Bid No. 057-2821-16/TP FOR CURED -IN-PLACE PIPE LINING (CIPP) CONTRACT RENEWAL PERIOD: JANUARY 18, 2021 THRU JANUARY 17, 2022 X Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of JANUARY 18, 2021 THRU JANUARY 17, 2022. No, I do not wish to renew the agreement for the following reason(s): SAK Construction, LLC NAME OF COMPANY Jerome P. Shaw, Jr. NAME OF REPRESENTATIVE (Please print) December 18, 2020 DATE bidcippe@sakcon.com E-MAIL ADDRESS mmIT SIGNATURE President TITLE 636-385-1000 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 374 of 456 FlinancelProcurement Services P.O. Box3lo Boynton Beach, Florida 334,75-0310 Telephone No., (561) 742-6310 FAX l561) 742-6.916 Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of JANUARY 18, 2021 THRUI JANUARY 17, 2022.1 No, I do not wish to renew the agreement for the following reason(s): Insituform Technologies, LL.0 NAME OF ,R ..R (Please print) / z,� DATE' [WOWIT111501 0122114111110 WHO111211=11111TAM America's Gateway to the Gi#f Stream Page 375 of 456 7.A. PUBLIC HEARING 1/5/2021 Requested Action by Commission: Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU -C (Mixed -Use Core) with a master plan for 274 multi -family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (Tabled from the October 6, 2020 Commission meeting.) Explanation of Request: Legacy at Boynton Beach will occupy 2.76 acres in the CRA's Downtown District. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels classified Mixed -Use High (MXH), and zoned CBD, Central Business District. The applicant has requested to rezone the parcels to Mixed Use -Core (MU -C), a zoning designation corresponding to the MXH classification and carrying that classification's maximum density of 80 dwelling units per acre (du/ac). The rezoning would support a mixed-use project with 274 multi -family rental units and approximately 12,422 square feet of retail adjacent to Federal Highway. Although the proposed density of 98 du/ac exceeds the maximum density permitted in MU -C zoning, the project's location in the Downtown Transit–Oriented Development District (DTODD) allows the developer—contingent on the participation in the City's Workforce Housing Program—to utilize the DTOD District's 25 percent density bonus. MU -C is the designation recommended for this location by the CRA Plan. All areas north of the proposed project up to NE 4th Avenue, and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built (Ocean 500, Marina Village and Casa Costa) or approved (Ocean One and The Villages), are already zoned MU -C. The current CBD zoning of the properties assembled for the project is being gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the vision of the Downtown District embedded in the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project (in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 50 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The master plan includes features designed to mitigate the negative impacts of the project's height, bulk and scale on the adjacent low-rise residential properties. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on -street parking, street trees, and wide sidewalks. The Planning and Development Board reviewed this item at its September 22, 2020 meeting and forwards it with a recommendation of denial. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Page 376 of 456 Fiscal Impact: The project will expand the City's tax base. Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description D OrdiinainCE) Ordiinal['IC2, appirtnkng I EsIgacy r'E)Z01['1i1ng D Staff IRE)port Staff IRE)port D AttachirTIEN11t Exhibit Al , OwnE)r ist D I ocatioin li ap E)(NbRA2, I ocatioin li ap D I ocatioin Map Exhibit B , E)dstiing 1::::'1.....0 cJassificatioin D I ocatioin Map Exhibit C1. E)dstiing Zoiniing D I ocatioinMap Exhibit C2, Flro�POSE,d Zoiniing D AttacftrT1E)1['1t Exhibit D URA Rain Page 377 of 456 1 ORDINANCE NO. 20-034 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 LEGACY AT BOYNTON BEACH FROM CBD (CENTRAL 7 BUSINESS DISTRICT) TO MU -C (MIXED-USE CORE); 8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the applicant has requested to rezone the parcels to Mixed Use -Core 14 (MU -C), a zoning designation corresponding to the MXH classification and carrying that 15 classification's maximum density of 80 dwelling units per acre (du/ac); and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from CBD 26 (Central Business District) to MU -C (Mixed Use -Core). A location map is attached hereto as 27 Exhibit "A" and made a part of this Ordinance by reference. Legal Description: 28 PARCELI 29 30 BINGHAM PROPERTY: 31 LOTS 5, 6, 7 AND 8, LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT -OF - 32 WAY AND LOTS 95 AND 96 AND LOTS 65 AND 66 OF "THE LAWNS", 33 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF 34 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 35 36 PARCELII 37 38 BOWDEN PROPERTY: 39 LOTS 9, 10, 11 AND 12 AND THE NORTH 10 FEET OF LOT 13, LOTS 15 AND 16, 1 S:ACA\Ordinances\Planning\Rezoning\Legacy - Rezone 2nd Read - Ordinance.Docx Page 378 of 456 40 "THE LAWNS", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT 41 BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 42 FLORIDA, LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF-WAY. 43 44 PARCEL III 45 46 SCAGGS PROPERTY: 47 LOTS 67, 68, 69 AND 70, "THE LAWNS", ACCORDING TO THE PLAT THEREOF 48 ON TILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR 49 PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9 AT PAGE 69. 50 51 PARCELIV 52 53 DSS PROPERTIES PROPERTY: 54 LOTS 71 AND 72, "THE LAWNS", ACCORDING TO THE PLAT THEREOF ON FILE 55 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM 56 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9 AT PAGE 69. 57 58 PARCEL V 59 60 GARCIA PROPERTY: 61 CONDOMINIUM PARCEL A OF INTRACOASTAL MEDICAL BUILDING 62 CONDOMINIUM, A COMMERCIAL CONDOMINIUM, ACCORDING TO THE 63 DECLARATION OF CONDOMINIUM THEREOF, RECORDED FEBRUARY 8, 1980 64 IN OFFICIAL RECORDS BOOK 3229, PAGES 180 THROUGH 214 OF THE PUBLIC 65 RECORDS OF PALM BEACH COUNTY, FLORIDA, AND ALL AMENDMENTS 66 THERETO. 67 68 PARCEL VI 69 70 RUGGERI PROPERTY: 71 UNIT B OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, ACCORDING 72 TO THE DECLARATION THERE OF RECORDED IN OFFICIAL RECORDS BOOK 73 3229, PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 74 FLORIDA, AND ALL AMENDMENTS THERETO. 75 76 PARCEL VII 77 78 CHIODO PROPERTY: 79 UNIT C OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, A 80 COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF 81 CONDOMINIUM THEREOF, RECORDED FEBRUARY 8, 1980 IN OFFICIAL 82 RECORDS BOOK 3229, PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH 83 COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO. 84 85 PARCEL VIII 86 87 SOLIS PROPERTY: 88 THE SOUTH 15 FEET OF LOT 13 AND ALL OF LOT 14, LESS THE WEST 25 FEET 89 THEREOF PREVIOUSLY DEEDED TO THE STATE OF FLORIDA FOR ROAD 90 RIGHT OF WAY PURPOSES, AND ALL OF LOTS 61, 62, 63 AND 64, "THE LAWNS", 91 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 69 2 S:ACA\Ordinances\Planning\Rezoning\Legacy - Rezone 2nd Read - Ordinance.Docx Page 379 of 456 92 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 93 94 PARCEL IX 95 96 SPENCER PROPERTY: 97 UNIT D OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, A 98 COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF 99 CONDOMINIUM THEREOF, RECORDED FEBRUARY 8, 1980 IN OFFICIAL 100 RECORDS BOOK 3229, PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH 101 COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO. 102 103 PARCEL X 104 105 VACATED RIGHT-OF-WAY 106 A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 107 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 108 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT 109 THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF 110 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 111 FOLLOWS: 112 113 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 114 00000'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF 115 SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; 116 THENCE NORTH 88046'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF 117 SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 118 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH 119 FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00000'00" WEST 120 ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND 121 PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 122 9 FOR 45.01 FEET; THENCE SOUTH 88046'20" EAST ALONG THE NORTH RIGHT - 123 OF -WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID 124 LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. 125 126 ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON 127 BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 120,347 SQUARE 128 FEET, (2.7628 ACRES), MORE OR LESS. 129 130 131 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 132 accordingly. 133 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 134 Section 5. Should any section or provision of this Ordinance or any portion thereof be 135 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 136 remainder of this Ordinance. 3 S:ACA\Ordinances\Planning\Rezoning\Legacy - Rezone 2nd Read - Ordinance.Docx Page 380 of 456 137 Section 6. This ordinance shall become effective immediately upon passage. 138 FIRST READING this day of January, 2021. 139 SECOND, FINAL READING and PASSAGE this day of January, 2021. 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) 4 S:ACA\Ordinances\Planning\Rezoning\Legacy - Rezone 2nd Read - Ordinance.Docx VOTE Page 381 of 456 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-018 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Craig Pinder, Planner II DATE: December 23, 2020 PROJECT: Legacy at Boynton Beach REZN 20-001 REQUEST: Approve Legacy at Boynton Beach Rezoning (REZN 20-001) from CBD Central Business District to MU -C Mixed -Use Core with a master plan for 274 multi -family residential units and 13,873 square feet of retail. PROJECT DESCRIPTION Property Owners: Multiple Owners (see Exhibit Al) Applicant: Bonnie Miskel of Dunay, Miskel & Backman, LLP Agents: Mark Richards/Kimley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6t" Street (see Exhibit "A2") Existing Land Use/ Zoning: Mixed Use -High (MU -H)/ CBD Central Business District Proposed Land Use/ Zoning: Mixed Use -High (MU -H)/ MU -C Mixed Use -Core Proposed Use: Mixed-use project with 274 multi -family units and approximately 13,873 square feet of retail Page 382 of 456 Page 2 GCI Residential REZN 20-002 Acreage: 2.76 acres Adjacent Uses: North: Developed commercial properties, classified Mixed Use -High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way of SE 2nd Avenue, then developed commercial property classified Mixed Use -Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use -Medium (MXM) and zoned R-3 Multi -Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use -High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of S E 6t" Street; West: Right-of-way of Federal Highway, then a mixed use project (500 Ocean), classified Mixed Use -High (MXH) and zoned MU -C, Mixed -Use Core. BACKGROUND Legacy at Boynton Beach will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan (the Plan). The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi -family units. The parcels are classified as Mixed -Use High (MXH), the future land use (FLU) category allowing a maximum density of 80 dwelling units per acre (du/ac), and zoned CBD, Central Business District. The developer has requested to rezone the parcels to Mixed Use - Core (MU -C), a zoning designation corresponding to the MXH future land use classification and carrying that classification's maximum density of 80 du/ac. The MU -C is the designation recommended for this location by the Plan. The applicant proposes to develop a mixed-use project with 274 multi -family rental units and approximately 13,873 square feet of ground retail adjacent to Federal Highway. The proposed density of 98 du/ac exceeds the requested zoning's maximum density; however, since the project is located within the Downtown Transit–Oriented Development District (DTODD), the developer—contingent on the participation in the 2 Page 383 of 456 Page 3 GCI Residential REZN 20-002 City's Workforce Housing Program—can utilize the DTOD District 25 percent density bonus. Currently, there are three existing projects within close proximity to the project site that are zoned MU -C, including 500 Ocean, Casa Costa, and Marina Village. In addition, the Ocean One site plan has been approved under the MU -C zoning, but has not yet been constructed. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The requested rezoning of the subject site aligns with the CRA's plan that calls for a vibrant downtown where people can live, work, and play in an environment that's bikeable and walkable. This vision is to be implemented through the development of the highest density and intensity projects within the area, supported by the City's most intense FLU and zoning designations and by the opportunity for additional DTOD District's density bonuses. A heightened rationale for intensification of downtown development has been driven by the planned Coastal Link commuter service station, which the 2012 Florida Department of Transportation's TOD Guidebook would classify as a Community Center station, requiring gross density for between 11 and 16 dwelling units per acre. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan and Redevelopment Plan The Proposed MU -C zoning district is consistent with the recommendation of the 2016 CRA Community Redevelopment Plan and the City's Comprehensive Plan. The MU -C zoning district is intended to replace the existing Central Business District (CBD) zoned parcels classified as MXH, upon request from the developer. The rezoning is also consistent with the following Comprehensive Plan policies: 3 Page 384 of 456 Page 4 GCI Residential REZN 20-002 Policy 1.18.1 The City shall continue to implement the Transit -Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within the Downtown TOD District (a mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri -Rail Coastal Link service on the FEC Corridor). The inner X -mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1. 18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian -friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not create an isolated district, nor will it constitute a grant of special privelege to the property owner. As stated in criterion "b", the proposed MU -C zoning designation is consistent with the recommendations of the CRA Plan and Comprehensive Plan and implements the MXH future land use classifcation as identified on the City's Future Land Use Map. All areas north of the proposed project (up to NE 4t" Avenue), and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built (Ocean 500, Marina Village and Casa Costa) or approved (Ocean One, The Villages), are already zoned MU -C. The current CBD zoning of the properties assembled for the project is beeing gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the land use pattern envisioned for the Downtown District by the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project (in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 60 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The MXM classification is already on the ground on the north side SE 2nd Avenue, where all properties with the exception of the commercial lot on the corner of SE 2nd Avenue and the Federal Highway are residential and zoned R-3 (Multi -Family), a 4 Page 385 of 456 Page 5 GCI Residential REZN 20-002 designation inconsistent with the MXM future land use category. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning is a mixed-use high density development whose residents will have access to alternative modes of transportation including Palm Tran bus service along the Federal Highway corridor (with a bus stop located in front of the project), and, eventually, the Coastal Link station. In addition, the project also provides pedestrian connectivity through activated ground retail that supports the development of a pedestrian -friendly downtown and encourages residents and visitors to use a form of active transportation (walking or biking) for short trips instead of a private vehicle. The City's Sustainable Development Standards ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. For review of the project's sustainable design features, see the corresponding master plan/site plan staff report. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. This request is for rezoning only. Long-term capacity availability for potable water, sewer, and solid waste was reviewed earlier as a part of the area -wide FLUM amendment following the adoption of the CRA Plan. (The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046.) The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 1,769 new daily trips, 59 new am peak hour trips and 138 new pm peak hour trips. The Traffic Division confirmed that, since the subject property is within the Traffic Concurrency Exception Area, it is exempt from the Palm Beach County Traffic Performance Standards. The PBC School District's review of The School Capacity Availability Determination (SCAD) letter submitted by the applicant concluded that there will be no negative impacts on the public school system. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. 5 Page 386 of 456 Page 6 GCI Residential REZN 20-002 f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the response to criterion "c," as well as responses to criteria "a" and "b". The proposed master plan supported by the subject rezoning is compatible in scale and character with several nearby developments, either already built or approved. It is consistent with the vision of the Downtown District embedded in the CRA Plan, and will be compatible with the future redevelopment of the surrounding areas as the implementation of the Plan continues. The project is likely to increase some local property values. The master plan includes features designed to mitigate the negative impacts of the project's incompatible height, bulk and scale on the adjacent low-rise residential properties— a two-story condominium to the east, residential parcels to the south, across from the SE 2nd Avenue, and the Sterling Village community farther south and east of the SE 6t" Street. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on street parking, street trees, and wide sidewalks. For details, see the corresponding staff report. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould. (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base, (3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. tel Page 387 of 456 Page 7 GCI Residential REZN 20-002 The proposed project generates economic development benefits as it presents an opportunity to become yet another contributor to a successful, lively downtown ("g1" and "g6"), bringing more development to the area and attracting more residents and visitors to the City. Moreover, the density increase in the DTOD District is essential for support of the future Tri -Rail Coastal Link commuter service. The project has a potential to add a significant contribution to the City's tax base ("g2"). The direct impact on job generation would be modest ("g4"); however, there will be substantial indirect (multiplier) effects through increased demand for retail and restaurant uses. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions. (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The subject property is currently classified as Mixed Use -High. The proposed rezoning corresponds to that FLU classification and does not affect the type of land uses allowed on the property. The project includes 13,873 square feet of retail uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are no adequate sites elsewhere downtown for a high intensity mixed use project without considerable land assembly efforts. The City's downtown has very little vacant land left. The property is already classified MXH; both the MXH classification and the proposed zoning designation are consistent with the CRA Plan recommendation for the area. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The concurrent master plan and site plan shall comply with the requirements of the MU -C zoning district and the site development standards of Part III (LDR), Chapter 4 7 Page 388 of 456 Page 8 GCI Residential REZN 20-002 prior to the issuance of any permits or certificate of occupancy. For the master plan/site plan review, see the corresponding staff report. RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning and found that it implements the CRA Community Redevelopment Plan and the Comprehensive Plan objectives and policies. Therefore, staff recommends that the subject request be approved. s Page 389 of 456 206 S Federal Highway 8-43-45-27-04-000-0090 Bowden INC 1622 NE 4th Street Boynton Beach, FL 33434 SE V Avenue 08-43-45-27-04-000-0650 One Twelve South Fed Hwy INC W Bingham c/o PO Box 1182 Boynton Beach, FL 33425 SE V Avenue 08-43-45-27-04-000-0670 Joseph W Scaggs 728 Casa Loma Blvd Boynton Beach, FL 33435 SE 1st Avenue 08-43-45-27-04-000-0710 DSS Properties 728 Casa Loma Blvd Boynton Beach, FL 33435 Ocean Avenue 08-43-45-27-04-000-0610 Francisco and Olga Solis 80 SW 15th Court Boca Raton, FL 33486 625 SE 2nd Ave 0010 08-43-45-27-04-000-0010 Sara N Garcia 625 SE 2nd Ave #A Boynton Beach, FL 33435 625 SE 2nd Ave 0020 08-43-45-27-04-000-0020 Maria CS Ruggeri 3549 Harbor Cir Delray Beach, FL 33483 625 SE 2nd Ave 0030 08-43-45-27-04-000-0030 Linda and Christopher Chiodo 2515 SW 13th Ct Boynton Beach, FL 33426 625 SE 2nd Ave 0040 08-43-45-27-04-000-0040 Howard and Marianne Spencer 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 SE 2nd Ave 08-43-45-27-04-000-0630 Francisco and Olga Solis 80 SW 15th Court Boca Raton, FL 33486 Page 390 of 456 Federal Highway 08-43-45-27-04-000-0131 Francisco and Olga Solis 80 SW 15th Court Boca Raton, FL 33486 212 S Federal Highway 08-43-45-27-04-000-0150 Downtown Properties of South Florida LLC 4283 Fox Trace Boynton Beach, FI 33436 Page 391 of 456 LOCATION MAP Exhibit A2 Page 392 of 456 Exhibit B 114 i i ii e : A a 11 45 90 180 270 Exhibit Cl 11 45 90 180 270 Exhibit C2 11 45 90 180 270 EXHIBIT D. CRA PLAN FLU RECOMMENDATION FOR LEGACY AT BB SITE eatianal (R) strial (1) Density Resid-tial (LDR) 5 dWac iuin Densly Residential (MDR) 11 d.1 - Density Residzntial (HDR)15 dalac ;ial High Density Residential (SHIDR) 20du/ac. uational (PPGI) Retail Commercial (LRCy -at Commercial (GC) Use Low (MU L) 20 du/ac Use Medium (MUM) 50 du/ac Use High (MUH) 80 dWac TOD Figure 43: Recommended Land Use for the Downtown District Page 396 of 7.B. PUBLIC HEARING 1/5/2021 Requested Action by Commission: Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 11t Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (Tabled from the October 6, 2020 Commission meeting.) Explanation of Request: The applicant is requesting to abandon (ABAN 20-009) a portion of the improved 45 -foot wide right-of-way of SE 1St Avenue extending from Federal Highway east for a distance of approximately 175 (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NW SP 20-003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the attached analysis, staff has determined that the subject right-of-way no longer serves a public purpose other than retention of a utility easement, if warranted and therefore recommends APPROVAL of the request, subject to the accompanying conditions. At the September 22, 2020 Planning & Development Board meeting the Board recommended to not approve the item. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Fiscal Impact: The project will expand the City's tax base. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Page 397 of 456 Attachments: Type D Staff IRE)port D I ocaboin IMa p D I ocaboin IMa p D �D ings D Coindboins of Appirov,-,.ill Description Ordinal['IC2, appirtnkng abaindoinirTIENI'lt of a poirboin of ChEs 45 foot IROW Staff IRE)port Exhibit A I ocaboin IMa p Exhibit IB AbaindoinirTIENI'lt Air'Esa Exhibit C S LA rvey Exhibit ID Coindboins of Appirov,,.-,.ill Page 398 of 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE NO. 20-035 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ABANDONMENT OF A PORTION OF THE IMPROVED 45 FOOT WIDE RIGHT-OF-WAY OF SOUTHEAST 1sT AVENUE RUNNING EAST FROM FEDERAL HIGHWAY FOR A DISTANCE OF APPROXIMATELY 175 FEET; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Applicant is requesting abandonment of a portion of the improved 45 - foot wide right-of-way of SE 1st Avenue extending from Federal Highway east for a distance of approximately 175 feet; and WHEREAS, staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City Commission on the proposed abandonment; and WHEREAS, staff has determined that the subject right-of-way no longer serves a public purpose other than retention of a utility easement, if warranted and therefore recommends approval of the request, subject to the accompanying conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the improved 45 foot wide right-of-way of SE 1 st Avenue running east from Federal Highway for a distance of approximately 175 feet. The property being abandoned is more particularly described as follows: PORTION OF RIGHT OF WAY KNOWN AS SE 1 ST AVENUE A PORTION OF THE RIGHT-OF-WAY OF SE lst AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Legacy) 2nd read - Ordinance.docx Page 399 of 456 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00000'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88046'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1 st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00000'00" WEST ALONG SAID EAST RIGHT-OF- WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88046'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1 st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this day of January, 2021. SECOND, FINAL READING AND PASSAGE THIS day of January, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Legacy) 2nd read - Ordinance.docx VOTE YES NO Page 400 of 456 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the improved 45 foot wide right-of-way of SE 1st Avenue running east from Federal Highway for a distance of approximately 175 feet. The property being abandoned is more particularly described as follows: PORTION OF RIGHT OF WAY KNOWN AS SE 1 ST AVENUE A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00000'00" WEST ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88046'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of January, 2021. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Legacy) 2nd read - Ordinance.docx Page 401 of 456 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of .2021. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Legacy) 2nd read - Ordinance.docx Page 402 of 456 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-023 TO: Chair and Members Planning & Development Board FROM: Amanda B. Radigan Principal Planner THRU: Ed Breese Planning & Zoning Administrator DATE: September 15, 2020 SUBJECT: Request for abandonment of a portion of the improved 45 foot wide right-of- way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet (ABAN 20-009). BACKGROUND The applicant, Bonnie Miskel of Dunay, Miskel & Backman, LLP is requesting to abandon (ABAN 20-009) a portion of the improved 45 -foot wide right-of-way of SE 1St Avenue extending from Federal Highway east for a distance of approximately 175 feet (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NWSP 20-003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. This abandonment is for the following platted street segment: A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00" WEST ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. The location map attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and Exhibit "C" is a Boundary Survey of the portion of the right-of-way to be abandoned Page 403 of 456 Page 2 Memorandum No. PZ 20-023 ABAN 20-009 and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way abandonment request: North: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of MU -Core (Mixed Use Core). South: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of Mixed Use Core (MU -C). East: The continuation of the right-of-way for SE 1St Avenue, then farther east developed multifamily with a Future Land Use classification of Medium Density Residential (MEDR) and a Zoning designation of Multifamily (R-3). West: Right-of-way for Federal Highway, then fartherwest a developed mixed-use project known as 500 Ocean Future with a Future Land Use classification of Mixed Use High (MXH) and a Zoning designation of Mixed Use Core (MU - C). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and signs posted for the Planning & Development Board and City Commission hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities No objection, with the provision of the relocation of the existing utilities (see Exhibit D) Planning and Zoning No objection, with recommended condition (see Exhibit D) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost. AT&T No objection, with conditions (see Exhibit D) Florida Public Utilities No objection Comcast No objection, with conditions (see Exhibit D) Windstream No objection Page 404 of 456 Page 3 Memorandum No. PZ 20-023 ABAN 20-009 RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions based on the remaining street network in the immediate vicinity and would not adversely impact other adjacent property owners. Based on the above -analysis, staff has determined that the subject right-of-way segment, located within the confines of the proposed development of Legacy of Boynton Beach, no longer serves a public purpose other than retention of necessary utility easements, if warranted and therefore recommends APPROVAL of the request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton (Legacy at Boynton)WBAN 20-009\_StaffReport\_Staff Report ABAN 20-009.doc Page 405 of 456 Exhibit A Page 406 of 456 Exhibit B PROPOSED ABANDONMENT Page 407 of 456 EXHIBIT "C" cm SKETCH AND LEGAL DESCRIPTION cm BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777®FAX: (954) 572-1778 E—MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 I I? illioll ell 11111 1110, 1 111 1,11111 111 1 A PORTION OF THE RIGHT—OF—WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00" WEST ALONG SAID EAST RIGHT—OF—WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. NOTES: 1) BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO.1) BEING N00°00'00"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF PALM BEACH COUNTY. dGHT-OF-WAY VACATION SHE TT OF 2 THIS pOIJMNT IS NEITHER FULL NOR COMPLETEO((�NITHOUT SHEETS 1 AND 2 [9°11JOHN r" 'PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 El H l, �„��3URNS, PROFESSIONAL SURVEYOR AND MAPPER L56136 Ej VIS OR R. GILBERT, PROFESSIONAL SURVEYOR AND MAPPER LS6274 STATE OF FLORIDA Page 408 of 456 EXHIBIT "C" cm SKETCH AND LEGAL DESCRIPTION BY SURVEYORS,PULICE LAND 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777®FAX: (954) 572-1778 E—MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 Page 409 of 456 LOT 5 LOT 96 + — I=W LOT 95 T� ID'S EAST LINE LOT 95 25' I LOT 6 P®INT OF BEGINNING LOT 94 LOT 93 LOT 92 LOT I I 91 LOT 90 LOT 89 LOT 88 1 LOT 7 SE'CO — LOTT 9 95 5 THE LAWNS" ®' LOT 8 SOUTH LINE LOTS 8, 95, 96 PLAT BOOK 9, PAGE 69 Lu — — NORTH — — - ° ®O I AVENUE g 4� O P� \_ RIGHT- ®®OF -WAY LINE ®� >- �Z N88°46820"' 174.99' L o SOUTH RIGHT- ® OF -WAY LINE LOT 97 LOS 9 LINE 66 z �rn N� NE CORNER LOT 66 LOT 100 E Lb® EAST LINE LOT 66 Lu� 11� LOT 67 LOT 68 I LOT 69 LOT I 70 LOT 71 LOT 72 LOT 73 LOT 65 LOT 66 "THE LAWNS" __j 5' uj _ LOT 12 PLAT BOOK 9, PAGE 69 == LOT— �Q Wo LOT 14� LOT 64 LOT 63 LOT 157 LOT 62 LOT 61 LOT 60 LOT 59 LOT 58 LOT 57 LOT 56 LOT 16 L_ SE 2nd AVENUE FILE: GCI RESIDENTIAL SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR SCALE: 18'=80' N: L.S. COMPLETE WITHOUT SHEETS 1 AND 2 ORDER N.: 67201 ®ATE: 5/18/20 RIGHT-OF-WAY VACATION BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA FOR: GCI RESIDENTIAL SITE: Page 409 of 456 EXHIBIT "D" Conditions of Approval Project Name: Legacy at Boynton Beach File number: ABAN 20-009 Reference: 41h review of plans identified as a Abandonment 20-009 with a September 8, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Comments: 1. Per the City Utility Department, the approval of the requested abandonment is contingent on the relocation of the existing utilities. X PLANNING & ZONING Comments: 2. The approval of the requested abandonment is contingent on the permitting and construction of the project within the allowable timeline permitted by the Development Order and/or the Building Division. X UTILITY COMPANIES Comments: 3. Per Comcast, a new easement is required to replace the existing fiber and coax cable; the developer will be responsible for associated cost. X 4. Per AT&T, active service on property 625 SE 2nd Avenue must be disconnected before demolition. X 5. FP&L has not responded to the request for abandonment as of the date of this report. If easements and relocation of utilities are necessary the developer will be responsible for associated cost. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton (Legacy at Boynton)WBAN 20-009\—Staff Report\Exhibit D - COA ABAN 20-009.doc Page 410 of 456 7.C. PUBLIC HEARING 1/5/2021 Requested Action by Commission: Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8) -story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Bonnie Miskel of Dunay, Miskel & Backman LLP. (Tabled from the October 6, 2020 Commission meeting.) Explanation of Request: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi -family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to rezone the property from CBD (Central Business District) to Mixed -Use Core (MU -C). The second application, NWSP 20-003, is for New Site Plan approval, which proposes an 8 -story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi -family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25%. Lastly, an application for the Abandonment (ABAN 20-009) of a portion of SE 1st Avenue, east of Federal Highway has been submitted. The proposed project's main vehicular access point is located at SE 2nd Avenue, east of Federal Highway, with a secondary access point on SE 1St Avenue. The project's access design is contingent on the approval of three (3) Engineering Waivers. The architectural style for the project is a mid -rise modern interpretation of "Coastal" architecture, which is a variation of Florida Vernacular Architecture. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the coastal architectural style. At the September 22, 2020 Planning & Development Board meeting the Board recommended to not approve the item. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Fiscal Impact: The project will expand the City's tax base. Alternatives: Page 411 of 456 None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D Staff IRE)port D Exhibit D I ocaboin li ap D �D ings D Coinditioins of Appirov,-,.ill D DE)VE)k)� irTIENI'lt OrdE)r Description Staff IRE)port Exh �i bi t A 1 FICN aind OwnE)r II.....list Exhibit A2 I ocaboin li ap Exhibit IB Flir'OjEhs ',t IRIair s Exhibit C Coinditioins of Appirov,,.-,.ill DE)V(.)oprT1E)1['1t OrdE)r Page 412 of 456 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-019 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Craig Pinder, Planner II DATE: September 16, 2020 PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) REQUEST: Approval of a New Site Plan Application for a mixed-use development consisting of an eight (8) -story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. PROJECT DESCRIPTION Property Owner: Multiple Owners (see Exhibit Al) Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP Agent: Mark Rickards, Kimley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street (see Exhibit "A2" — Site Location Map) Existing Land Use: Mixed Use -High (MXH) Proposed Land Use: MXH (Mixed Use High) Existing Zoning: CBD (Central Business District) Proposed Zoning: MU -C (Mixed Use Core) Proposed Use: Mixed use development with 274 multi -family units, approximately 12,422 square feet of commercial space, recreational amenities, parking, and other related site improvements. Acreage: 2.76 acres Page 413 of 456 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 2 Adjacent Uses: North: Developed commercial properties, classified Mixed Use -High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way for SE 2nd Avenue, then developed commercial property classified Mixed Use -Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use -Medium (MXM) and zoned R-3 Multi -Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use -High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 6th Street; and West: Right-of-way of Federal Highway, then a mixed-use project (500 Ocean), classified Mixed Use -High (MXH) and zoned MU -C, Mixed -Use Core. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi -family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to 2 Page 414 of 456 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 3 rezone the property from CBD (Central Business District) to Mixed - Use Core (MU -C). The second application, NWSP 20-003, is for a New Site Plan approval, which proposes an 8 -story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi -family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25% (see Exhibit C — Conditions of Approval). Lastly, an application for the Abandonment (ABAN 20-009) of a portion of SE 1 st Avenue, east of Federal Highway has been submitted. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The project would generate 1,769 new daily trips with 59 AM peak trips and 138 PM peak trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. The Fire Department has requested additional information to ensure that the drive aisles and turnarounds are meeting the City's requirements (see Exhibit C — Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. 3 Page 415 of 456 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 4 The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Additionally, the project has the opportunity to utilize the Downtown Stormwater improvement Watershed for a fee -in -lieu -of capital contribution (see Exhibit C — Conditions of Approval). Access: The proposed project's main vehicular access point is located on SE 2nd Avenue with a secondary access point on SE 1St Avenue. The projects access design is contingent on the approval of three (3) Engineering Waivers. The first Engineering Waiver is a request to reduce the driveway throat depth from the required 100 feet to 60 feet; the second request is to waive the require 12 -foot -wide left turn lane for the left turn movement into the garage on SE 2nd Ave; the last request is to reduce the required 22 -foot width of SE 2nd Ave to 20.9 feet (see Exhibit C — Conditions of Approval). A portion of SE 1st Avenue is proposed to be abandoned (refer to concurrent application ABAN 20-009) and will no longer connect to Federal Highway, but instead will provide direct access to the parking garage. In addition, the project also provides 20 on -street parking spaces to serve the retail uses on the first floor of the project. Sidewalks are provided along all street rights-of-way. The proposed sidewalks are a minimum of ten (10) feet in width and are lined with street trees for shade. The sidewalk along Federal Highway also abuts a covered eight (8) foot active area that may be used for outdoor dining and commercial uses. The project also proposes a private dog park along the eastern property line and a hardscaped plaza along the north property line to encourage pedestrian activity along the ground floor. There is limited pedestrian access from SE 2nd Avenue into the private amenities for the residents. Parking: Off-street parking for the MU -C zoning district requires 1.33 parking spaces for studios and one -bedroom units, and 1.66 parking spaces for two (2) or more bedroom units. The project proposes 274 units (155 studios and one -bedrooms, and 119 two and three -bedrooms), which would require 404 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 41 parking spaces to the total. The commercial space, which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 12,422 square feet of retail, thereby requiring an additional 63 parking spaces (see Exhibit C — Conditions of Approval). In addition to this, the developer will maintain a parking agreement with Two George's to provide 20 parking spaces 4 Page 416 of 456 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 5 for their use. Under this standard methodology for calculating required off-street parking spaces, a grand total of 528 parking spaces would be required. The site plan proposes 530 parking spaces, an excess of two (2) spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90 -degree parking and 8 feet by 22 feet for parallel spaces. The applicant is proposing a seven (7) -story parking garage that would accommodate up to 510 vehicles. A resident gate would be placed in the garage with a turnaround space for non-residents. The developer will be required to comply with the City's residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents to minimize the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the developer (see Exhibit C — Conditions of Approval). There are an additional 20 on -street parking spaces; ten (10) on Federal Highway; and ten (10) on SE 2nd Avenue. Landscaping: The Plant List (Sheet L200) indicates that the project would add a total of 100 canopy and palm trees, 297 accent and shrub specimens, and 1,469 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Cathedral Live Oak, Natchez Crape Myrtle, Gumbo Limbo, Pigeon Plum, Yellow Bells, Cabada Palm, Alexander Palm, Royal Palm, and Sabal Palmetto. The applicant has chosen Coontie, Milkweed, and Firebush as butterfly attracting plants. Projects proposed in the Mixed -Use Core (MU -C) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme, with the lower landscape material placed around the private terraces and along the building foundation, and street trees placed between 5 Page 417 of 456 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 6 the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Lastly, a 15 -foot wide urban landscape buffer is provided along the east property line; a wall is required within the buffer to mitigate impact to the adjacent property (see Exhibit C — Conditions of Approval). Building and Site: The proposed site area totals 2.76 acres. The proposed mixed-use buillding contains 274 dwelling units which are located above the retail spaces fronting Federal Highway and wrapping a central parking garage. Along SE 2nd Ave the building creates a large courtyard which allows for the ground floor amenity deck to be visable from the unit balconies. The retail portion of the project totals 12,422 square feet and provides an elevated covered arcade adjacent to Federal Highway. As noted previously, the parking garage has seven (7) levels of parking, with dedicated resident parking. A portion of the parking garage is visable from SE 1 st Ave and is to be treated with a landscaped wall feature (see Exhibit C — Conditions of Approval). Of the 274 residential units, 20 are studio, 135 are one (1) bedroom, 93 are two (2) bedroom, and 26 are three (3) bedroom units. The units range in size from 650 square feet to 1,350 square feet. Each unit also has a balcony or terrace that either faces out towards the street or in towards the ground floor amenity deck. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use Core (MU -C) zoning district has a maximum FAR of 4.0. The project is also located within the "Transit Core" (1/4 mile radius of the planned station), which requires that new development have a minimum density of 40 dwelling units per acre; the project proposes a density of 99.3 du/ac. (based on a 25% density bonus gained from particpation in the Work Force Housing Program) and a minumum FAR of 2.0; the project has a proposed FAR of 2.91. Building Height: The maximum building height allowed in the MU -C (Mixed Use Core) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the mixed-use building at eighty-four (84) feet, with an overall height of approximately ninety-four (94) feet, 56 feet below the maximum allowable height. Along Federal Highway, the proposed building elevations show that the building steps back ten (10) feet at an approximate height of twenty-six (26) feet and then extends to its overall height. A Page 418 of 456 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 7 Setbacks: The MU -C zoning district requires no building setbacks, but rather a zero (0) build -to line with accommodation of the required pedestrian zone. The Land Development Regulations requires the building to be setback to allow for an enhanced public realm that includes 2.5 feet — 5 feet for street trees, 10 feet for sidewalks, plazas, and 8 feet for active areas such as outdoor seating and retail uses. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback along the length of the building is between 23 feet and 25 feet. Along SE 2nd Avenue, the building setback is between 3.4 feet and 3.9 feet except for the areas of the ground floor amenity deck, which is setback to approximately 85 - 120 feet. The building setback along SE 1St Avenue is approximately 5 - 14 feet. The eastern property line abuts the adjacent property where the setback is 30 feet and includes a dog park with landscaping. Lastly, the building is setback between approximately 26 and 62 feet from the northern property line to allow for the required useable open space. Amenities: As noted above, the project proposes a hardscaped plaza at the northern end of the project which connects to the pedestrian zone along Federal Highway. In addition, a covered active area is proposed along Federal Highway to encourage a mixture of active uses along the exterior of the ground floor retail spaces, and pedestrian zones abut SE 1St Avenue and SE 2nd Avenue. The pedestrian zones include a street tree area, sidewalks, active areas and covered walkways. The project has been designed with a large interior courtyard for resident use, containing the community pool, outdoor lounging areas, and lush tropical landscaping. The private amenities located within the building will include a host of programmed spaces on the ground floor and a rooftop amenity for the residents' enjoyment. The developerwill also be working with Palm Tran of Palm Beach County to relocate and create a new transit shelter, designed utilizing some of the architectural characteristics of the mixed use project (see Exhibit C — Conditions of Approval). Design: The intended architectural style for the project is a mid -rise modern interpretation of "Coastal" architecture, which is a variation of Florida Vernacular Architecture. This architectural style fosters a sense of place and identity for the district. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway and provides shade and protection. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black Page 419 of 456 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 8 window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the Coastal architectural style. The mixed-use projects are designed to create a pedestrian -friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The building mass fronting SE 2nd Avenue steps back and wraps the ground floor amenity deck, creating a break in the building mass. This approach mitigates the impact of the building's height on the multifamily properties to the south. Along Federal Highway, the building maintains its mass along the length of the road and varies in height to create tower elements at the north end, middle, and south end of the building. As mentioned previously, the building facing Federal Highway is stepped back ten feet at a height of 26 feet in order to move the mass of the building farther from the pedestrian environment. Sustainability: Mixed use developments must achieve a minimum of 25 sustainability points (see Exhibit "C" — Conditions of Approval). The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction - 75% of the non -roof site 6 -impervious Efficient Cooling -All air conditioners are Energy Star qualified. Minimum SEER 16. 2 Building Color - Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances - All appliance with in a building are 100% energy star. 2 Recycle & Waste Reduction Recycle Content in infrastructure For all new roadways, parking lots, sidewalks, and curbs. 2 N. Page 420 of 456 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 9 Recycle station \ dumpster area Recycle chute(s) in Mixed Use Districts and dumpster, which include a recycle station. 1 URBAN NATURE Green Wall - Provide a minimum of 600 square feet of an irrigated vegetated wall, which is visible from right- of-way or private amenities. 4 TRANSPORTATION Parking Structure At least 75% of the development's total number of required off-street parking spaces is contained in a parking deck or garage. 2 Electric Charging Stations - Provide four (4) over the required number of electric car charging stations. 4 Total Points 26 Lighting: The photometric plans (Sheets PH -1 & PH -2) include 19 freestanding pole light fixtures, with pole height of 20 feet. The condition of approval requires the ground level poles and fixtures to match the design of the existing poles and light fixtures along 500 Ocean and Casa Costa. In addition, the condition of approval requires the spot reading to be a maximum of 5.9 foot-candles (see Exhibit "C" — Conditions of Approval). Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Team regarding the art and its placement. The project proposes Public Art throughout the site including utilizing the building walls, site fountains, public courtyards and walkways. RECOMMENDATION Staff has reviewed this request for a New Site Plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton (Legacy at Boynton)\NWSP 20-003\_StaffReport\_Legacy at Boynton Beach Staff Report (NWSP 20-003) DRAFT.doc 9 Page 421 of 456 EXHIBIT Al — List of Owners & PCNs 206 S Federal Highway 625 SE 2nd Ave 0010 Federal Highway 8-43-45-27-04-000-0090 08-43-45-27-04-000-0010 08-43-45-27-04-000-0131 Bowden INC Sara N Garcia Francisco and Olga Solis 1622 NE 4th Street 625 SE 2nd Ave #A 80 SW 15th Court Boynton Beach, FL 33434 Boynton Beach, FL 33435 Boca Raton, FL 33486 SE 1St Avenue 625 SE 2nd Ave 0020 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 212 S Federal Highway One Twelve South Fed Maria CS Ruggeri 08-43-45-27-04-000-0150 Hwy INC 3549 Harbor Cir Downtown Properties of W Bingham c/o PO Box South Florida LLC 1182 Delray Beach, FL 33483 4283 Fox Trace Boynton Beach, FL 33425 625 SE 2nd Ave 0030 Boynton Beach, FI 33436 SE 1St Avenue 08-43-45-27-04-000-0030 08-43-45-27-04-000-0670 Linda and Christopher Chiodo Joseph W Scaggs 2515 SW 13th Ct 728 Casa Loma Blvd Boynton Beach, FL 33426 Boynton Beach, FL 33435 625 SE 2nd Ave 0040 SE 1St Avenue 08-43-45-27-04-000-0040 08-43-45-27-04-000-0710 Howard and Marianne DSS Properties Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 422 of 456 LOCATION MAP Exhibit A2 Page 423 of 456 Exhibit B — Project Plans Page 424 of 456 �t m 's =�99g99g9999qaa�E� - - J 1'�v9gv9gvv4vq99oao — _ s mwa wi n wi vi � sm ma0000000000 �4 — ooa F z ouss� �yz n �i2 _ t t NN � ilio a iF 'n a` gow 133aiS H19 3S �{ a dR f, P s � r. e d � � m S z _..... 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DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. City has received an Engineering Waiver request for the driveway X throat depth at the SE 2nd Ave access. The plan appears to have 60 ft in lieu of the required 100 ft. Please provide additional information to support the request. The project is conditioned on the waiver's approval. 2. The left turn movement into the parking garage on SE 2nd Avenue X may require a 12 foot wide left turn lane. Prior to permitting revisions to the design of SE 2nd Avenue are required or the submittal of an Engineering Waiver Request. 3. SE 2nd Ave shall be 22' wide per the City's Engineering Handbook X Detail P-1 "Roadway Design Criteria". The current proposal does not meet this requirement. There is existing back -out parking on the south side of the road that is encroaching onto the ROW. If this cannot be met submit an Engineering Waiver Request with an engineer's justification an opinion regarding any added safety elements included in this design that will allow these spaces to continue to function safely. 4. Prior to construction, developer shall submit a construction staging X plan to the Engineering Department. The plan shall indicate the approach to construction parking, materials staging and other aspects of construction coordination. The plans shall also indicate what will be done to keep traffic from using the driveway between 618 and 630 E Ocean Drive to access the GCI site during and after construction. 5. Prior to building permit approval, the Developer shall provide X evidence of screening the residential windows along the south side of SE 2nd Avenue, specifically 610 SE 2nd Avenue, from vehicle headlights. 6. Prior to building permit approval provide a plan and document X detailing the parking configuration and locating where residents, visitors, employees, and retail customers will park in the parking garage, and the location of access gates. Should the gates cause traffic to stage into the City's right-of-way, post development, the City reserves the right to require the removal or relocation of the gates at the Developers expense. Page 435 of 456 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 2 of 5 7. Prior to permitting the site drainage calculations and plans, X including any existing drainage the site may be receiving from off- site, shall be submitted and approved by the City and the SFWMD and/or DEP. Should the drainage design require changes to the site plan, the developer shall be required to apply for a site plan modification. 8. Note that the existing 48" RCP in the FDOT ROW is the main trunk X line serving 500 Ocean and NE 4th St basin and cannot be taken out of service and rerouted without an acceptable temporary bypass. 9. The trash service shall be a dock height, roll off type compactor X unit. Provide a narrative that describes how trash removal will be handled for the project. Be sure to discuss residential, retail and City Sanitation Division perspectives. How and where will bulk trash be handled? 10. Prior to permitting provide a narrative describing how the delivery X area will be used and what steps will be taken to keep vehicular access open at all times. Note that services provided to this site will need to be able to be provided without accessing private property. 11. Provide an AutoTurn simulation for the City's ASL solid waste X trucks. 12. The access to the dumpster is designed as the City's standard X detail for a Shunt turnaround (see detail P-11). This detail requires a 50 ft stub out with a 30' radius. Revise plans accordingly. 13. Relocate the proposed fire hydrant across the street from the X loading zone further east as its current location interferes with the turning radii. 14. The developer is responsible for replacing the existing FPL street X lighting with underground wires and decorative street lighting to match the west side of Federal Highway and City standards. 15. If the project is utilizing the Downtown Stormwater improvement X Watershed then provide documentation that shows there is available capacity. The "fee -in -lieu -of" capital contribution for properties utilizing the installed storm water treatment and/or conveyance facilities within that watershed are as follows: A. Capital cost per impervious square food for water quality is $2.05 B. Capital cost per impervious square foot for water quantity is $0.18 C. Total capital cost per impervious square foot for Water Quality and Quantity is $2.23. The Fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Page 436 of 456 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 3 of 5 Watershed. FIRE Comments: 16. Provide a detail of the proposed fire engine turnaround on 1St X Avenue, include all the applicable dimensions. 17. Provide a plan showing a 300' radius from the center of each fire X hydrants to ensure Code 9-32b is being met. 18. Provide a note on the plans that states access roads shall be X provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft from fire department access roads as measured by an approved route around the exterior of the building or facility. With automatic sprinklers the distance is increased to 450' NFPA 1- 18.2.3.2.2 POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 19. Per City Ordinance, the Park Impact Fee is based upon a factor of X $595 per unit for multi -family dwellings. Based upon the proposed 274 units, the fee will be $163,030 (274 X $595) due at time of building permit issuance. PLANNING AND ZONING Comments: 20. The Abandonment application is lacking consent forms from Utility X providers. The Site Plan approval is contingent on the approval of the Abandonment application (ABAN 20-009). 21. The Art in Public Places form is incomplete. Please indicate the X proposed value of the project, the 1% Art Fee, and the 30% and 70% figures. The Art proposal is to be approved by the City's Art Commission. 22. Enhance the proposed green wall/ landscaped facade and X architectural elements on the east fa ade to better screen the Page 437 of 456 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 4 of 5 portion of the garage that is not wrapped and is visible from off-site. Ensure that parked vehicles and sloped ramp cannot be seen. 23. Please provide a drawing depicting how the direct pedestrian route X from the garage parking to the commercial spaces and Federal Highway sidewalk will be enhanced, and signed, in order to ensure it is easy for those parking in the garage to locate and follow. The drawing should show an interior view of the garage, depicting signage directing the public to the pedestrian corridor, and how this doorway will be enhanced and signed to easily catch the eye of someone who just parked and is looking for that doorway. 24. Per the Sustainability Code, please provide, and label on the plans, X one (1) Level 2 Electric Charging Station capable of servicing two (2) parking spaces for every 50 units, or fraction thereof, plus one (1) for the non-residential component of the project.. 25. Please provide a detailed typical floor plan for the studio unit, X including square footage. 26. The proposed lighting levels on the roof of the garage exceed the X maximum allowed foot-candles. Please reduce the levels to meet the maximum foot-candles allowed by code (5.9). Staff recommends lowering the height of the light fixtures on the roof to reduce the impact. 27. Per the City's Sustainability Code, please indicate on all X Photometric Plans that all exterior lighting will utilize fixtures within the warm white range. 28. The applicant will be placing, at their cost, all overhead utilities X below ground around the perimeter of the site. 29. Please depict location and footprint of the proposed PalmTran bus X stop. Additionally, please provide a letter of concurrence from Palm Tran. 30. Provide a detail drawing of the proposed bus shelter, designed X utilizing architectural elements, materials and colors matching the proposed building. 31. A Sign Program will need to be submitted and approved prior to X issuance of any signs for the project. 32. Prior to issuance of any permits, a narrative and phasing drawing X shall be provided outlining how the required Two Georges Restaurant will be provided throughout the construction of the project. 33. The proposed landscaping along the east side of the project is X required to meet the Urban Landscape Barrier regulations. Please Page 438 of 456 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 5 of 5 revise the drawings to meet those requirements. 34. Provide a detail of the decorative 6' tall buffer wall to be located X within the landscape barrier along the east property line. 35. Please clearly indicate the location of the required bike racks, X including the architectural design of the covering, if not located within the building. 36. Please correct the parking calculations for the non-residential uses X at 1 parking space per 200 square feet, then revise the total parking calculation total for parking required and parking provided. 37. Provide a detail of the proposed fence/wall separating the amenity X area from the public sidewalk. Proposal should include architectural enhancements and possibly an integrated green /vine wall feature or public art. 38. The project's approval is conditioned upon its participation in the X City's Workforce Housing Program or the project shall conform to the City's density provisions of the Downtown Transit Oriented Development District. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATION / COMMITMENTS 39. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton (Legacy at Boynton)\NWSP 20-003\_StaffReport\C0As\Legacy at Boynton NWSP 20- 003 COA.doc Page 439 of 456 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) APPLICANT: Bonnie Miskel, Dunay, Miskel & Backman, LLP APPLICANT'S ADDRESS: 14 S.E. 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 19, 2021 APPROVAL SOUGHT: Request for approval of a New Site Plan Application for a mixed-use development consisting of an eight (8) -story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. LOCATION OF PROPERTY: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\GCI Boynton (Legacy at Boynton)\NWSP 20-003\_StaffReport\NWSP 20-003 DO.doc Page 440 of 456 11.A. LEGAL 1/5/2021 Requested Action by Commission: Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB Explanation of Request: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX-M B In attendance will be the City Attorney James Cherof, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 60 minutes will be needed. The time and date of this private attorney-client session will be set at the January 5, 2021 City Commission meeting. How will this affect city programs or services? n/a Fiscal Impact: n/a Alternatives: Not approve attorney-client private session to discuss this litigation at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 441 of 456 Attachments: Type ME)iryw..) Description ME)irnoraindUlirn r'EqL.JIE)Sbl['lg CJOSEd door SE)SSk)I['l Page 442 of 456 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: December 29, 2020 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CAO12780-XXXX-MB In attendance will be the City Attorney James Cherof, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 60 minutes. The time and date of this private attorney-client session will be set at the January 5, 2021 City Commission meeting. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\61A6C1F6-74CC-495A-8FD9-573675DA84D7\Boynton Beach. 23911.1. Request For Ex_Session_-_(JKM)_(010521).Docx Page 443 of 456 12.A. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: Hear a presentation by David Scott, Director of Economic Development and Strategy, on the City's Tourism Strategic Plan. - January 19, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 444 of 456 12. B. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: Staff will present a Legislative Priority List for the Commission's consideration and adoption - January 19, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 445 of 456 12.C. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: Per the request of SFW MD, staff will prepare a year round irrigation ordinance for the Commission's consideration which comports the District's Mandatory Year -Round Landscape Irrigation Conservation Measures Rule - January 19, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 446 of 456 12.D. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: A presentation of the City of Boynton Beach Operations Performance Management Dashboard. - January 19, 2021 Explanation of Request: Transparency is essential to the delivery of effective and accountable government services. As such, the City of Boynton Beach is developing an Operational Performance Management Dashboard that will provide the public with access to conte)dualized operational data through the City's website. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 447 of 456 12.E. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: Attainable Housing Discussion - January 19, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 448 of 456 12. F. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: Mayor Grant requested information on the water quality of canal systems within the City. - February 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 449 of 456 12.G. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: ILA for transfer of the Boynton Beach Women's Club from the CRA to the City - February 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 450 of 456 12. H. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: I LA for Sara Sims Park Pavilion I mprovements - February 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 451 of 456 12.1. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural Program - March 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 452 of 456 12.J. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: Staff will present the City's 15 year Roadway CI P plan and demonstrate the software and data collected to implement this plan. - March 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 453 of 456 12. K. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: Present option for management of canal assessment program - March 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 454 of 456 12. L. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: Discussion on funding for expanding W i-Fi to City parks. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 455 of 456 12. M. FUTURE AGENDA ITEMS 1/5/2021 Requested Action by Commission: Discussion of LOI process for sale of city land - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 456 of 456