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Agenda 01-03-23The City of Boynton Beach City Commission Agenda Tuesday, January 3, 2023, 6:00 PM City Hall Commission Chambers Boynton Beach City Commission Mayor Ty Penserga (At Large) Vice Mayor Angela Cruz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Thomas Turkin (District 111) Commissioner Aimee Kelley (District IV) Daniel Dugger, City Manager Michael Cirullo, City Attorney Maylee DeJesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. tall www. boy nton- beach. org Page 1 of 568 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. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: Page 2 of 568 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 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 Mavlee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 568 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor David Wiggins, St. John's Missionary Church Pledge of Allegiance to the Flag led by Vice Mayor Angela Cruz Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Announcement of the 51st Annual Holiday Parade Awards by Gabrielle Favitta, Events Division Manager. B. Announce Chlorine Flushing Maintenance of Public Water Supply from January 5 - 25, 2023 to City of Boynton Beach Utilities Customers. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R23-001- Approve Resolution of Support for the Florida Department of Transportation to include the design and construction of a pedestrian crossing of East Ocean Avenue at NE 6th Street in its East Ocean Avenue resurfacing project. The City would need to fund its portion of the design and construction. B. Proposed Resolution No. R23-002 - Approve and authorize the City Manager to sign Grant Agreement with the Florida Inland Navigation District and all subsequent amendments and documents for the Boynton Beach Fire and Police Dock and Lift Phase 1. C. Proposed Resolution No. R23-003- Approve and authorize the Mayor to sign a FEMA Building Resilient Infrastructure and Communities Grant (BRIC) grant application to the Florida Division of Emergency Management (FDEM) for the Heart of Boynton Infrastructure Retrofit and authorize the execution by appropriate City officials of all documents associated with the grant application. D. Proposed Resolution No. R23-004- Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the Victims of Crime Act grant subject to the approval of the City Attorney. Page 4 of 568 E. Approve Task Order SCADA-12-2023 with McKim & Creed in the sum of $54,650.00 for assistance with Remote Site Programmable Logic Controllers (PLC) upgrades in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data Acquisition (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission January 21, 2020. F. Approve Task Order 23-B-01 with Engenuity Group, Inc., in the amount of $83,024.00 in accordance with RFQ No. UTL22-014, Professional Surveying and Mapping Services, awarded by City Commission on June 21st, 2022 to provide professional surveying services, for the road and sidewalk rehabilitation on SW 8th Street and a portion of the neighborhood known as "Lake Boynton Estates". G. Proposed Resolution No. R23-005- Amend the FY 2022-23 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001), Building Fund (130), Parks & Recreation Trust Fund (141), General Government Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 & 404), the Golf Capital Improvement Fund (412), and the Fleet Fund (501) for previous years Purchase Orders. H. Proposed Resolution No. R23-006- Adopt the 2022 Affordable Housing Advisory Committee Housing I ncentives Review Report. Legal Expenses - November 2022 - Information at the request of the City Commission. No action required. Legal Expenses - October 2022 - Information at the request of the City Commission. No action required. K. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for December 20, 2022 - "Request for Extensions and/or Piggybacks." L. Accept the written report to the Commission for purchases over $10,000 for the month of November 2022. M. Approve minutes from the November 10, 2022, November 29, 2022, and December 15, 2022 Special City Commission Meetings for Closed Door Sessions, and the December 6, 2022 and December 20, 2022 City Commission Meetings. 7. Consent Bids And Purchases Over $100,000 A. Approve the purchase of Water Meters and Equipment with Sensus USA as an awarded vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus'sAdvance Metering Infrastructure (AMI). Items will be ordered on an "as needed" basis for the estimated annual expenditure of $950,000. 8. Public Hearing - None 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. Approval of Variance (ZNCV 23-002) of Part III, Chapter 4, Article II, Section 4.B.3.c — Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot tall masonry wall. B. Proposed Ordinance No. 22-024- Second Reading - Approve the establishment of the Mixed Use Downtown (MU -DT) zoning district (CDRV 22-004) amending Part II Land Development Page 5 of 568 Regulations Chapter 3. Art III. Sec 1.E (Table 3-4). Mixed Use Urban Building and Site Regulations and Sec 5.C.1. Building and Site Regulations (Table 3-22). 9. City Manager's Report - None 10. Unfinished Business A. Approve updated eligibility requirements and total funding amount for the ARPA Small Business Assistance Grant Program. 11. New Business - None 12. Legal A. Proposed Resolution No. R23-008- Approve Settlement Agreement in the case of the 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 B. Proposed Resolution No. R23-009- Approve and authorize the Mayor to sign the Declaration of Restrictive Covenant designating the future park site in the Meadows subdivision as green space. 13. Future Agenda Items A. Consider revised local rules for approval. - January 17, 2023 B. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. - January 17, 2023. C. Continue discussion on adding a new sister city based on recommendations from Boynton Sister Cities. - February 7, 2023 D. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - February 2023 E. Discussion regarding installing a coral reef at Oceanfront Park, requested by Commissioner Turkin - TBD 14. 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 6 of 568 1030 Requested Action by Commission: Announcement of the 51st Annual Holiday Parade Awards by Gabrielle Favitta, Events Division Manager. Explanation of Request: Announcement of the Holiday Parade Awards: • J udges Awards • Mayor's Award • People's Choice Award 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 7 of 568 iW Requested Action by Commission: Announce Chlorine Flushing Maintenance of Public Water Supply from January 5 - 25, 2023 to City of Boynton Beach Utilities Customers. Explanation of Request: The City of Boynton Beach Water Utility will be temporarily changing its water treatment disinfection process to free chlorination beginning Thursday, January 5 through Wednesday, January 25, 2023. This is a standard practice in which a stronger disinfection method is implemented in order to ensure that potable water delivered to customers remains of the highest quality. A slight change in odor and taste of potable water make occur during this period, however, the City's Drinking Water Distribution System will continue to meet ALL Federal and State water quality standards. Customers particularly sensitive to the taste and odor of chlorine may keep an open container of drinking water in their refrigerators for a few hours to allow the chlorine to dissipate. Because of this change, users of home dialysis machines, owners of tropical fish aquariums and managers of stores and restaurants with holding tanks for fish and shellfish are advised to seek professional guidance on how to operate their equipment during this period as the method for removing chlorine residuals differs from removing chloramine residuals from tap water. Any changes will be eliminated when the Utility reverts to the normal disinfection method at the end of this chlorine flush period. This is a routine, preventive maintenance procedure to maintain the Water Distribution System. If you would like further information on this matter, please call the Water Quality Division at 561-742-6964 between 7 a.m. — 4 p.m. Monday through Friday. How will this affect city programs or services? This is regular, routine maintenance to ensure water quality. Fiscal Impact: Alternatives: Strategic Plan: High Performing Organization, Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 8 of 568 Attachments: Page 9 of 568 5.A. Administrative 1/3/2023 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/3/2023 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 vacancies on the various Advisory Boards, with the designated Commissioner having the responsibility for the appointment to fill each vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ffacftrTIENI'lf f ffhE)r f ffhE)r r Description ppoiir:firTIE)i is air:d AppIicaints for f...3 2023 1:::::aa:>ollo, II.....aUlra ... IC::: irqpllOyasass" IPasi1:a:>li0111 Board Norft.JIS, Victor l lllia:>torlicI1:RE)S0LAirCasa:> IC:�irasa:>asir�a��liaair: Board 1:::::ali1r:as,If Lala:>SE)a 111 f:lollliCE) OffliCE)rs' IPasi1:a:>li0111 Board Page 10 of 568 Appointments and Applicants for January 3, 2023 Art Advisory Board Vice Mayor Cruz Regular 3 -year term Applicants: None Building Board of Adjustment and Appeals IV Kelley Alternate 1 -year term Applicants: None Education and Youth Advisory Board Vice Mayor Cruz Alternate 1 -year term IV Kelley Student 1 -year term Mayor Penserga Student 1 -year term Applicants: None Employees' Pension Plan Board III Turkin Regular 3 -year term Applicant: Laura Fasolo Historic Resources Preservation Board IV Kelley Alternate 1 -year term Mayor Penserga Alternate 1 -year term Applicant: Victor Norfus Library Board Mayor Penserga Alternate 1 -year term Vice Mayor Cruz Alternate 1 -year term Applicants: None Planning and Development Board III Turkin Alternate 1 -year term Applicants: None Page 11 of 568 Appointments and Applicants for December 20, 2022 Police Officers' Retirement Trust Fund Mayor Penserga City Resident 4 -year term Vice Mayor Cruz City Resident 4 -year term Applicants: Russell Faine Applying for City Resident Recreation and Parks Board III Turkin Applicants: None Senior Advisory Board Vice Mayor Cruz Applicants: None Alternate 1 -year term Regular 4 -year term Page 12 of 568 Stanzione,, Tammy I........... - -------------- -- -- Froin: f:as,olol <rioreply� 123forr7ibuilder.con"ii> Sent: Thursday, December 08, 2022 3:34 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 12/08/2022 Name LaUrie Fasolo Address 1405 SW 25th Ave Boynton Beach FL 33426 United States Email fasoloWbbfLus Current occupation or, if retired, prior occupation Boyinton Beach Tennis Center Facidity Coordinator Education High Scho0 Diplorna, Are you a registered voter? y Do you reside within the Y Boynton Reach City limits? Do you owini/manage a, business within City limits? If "Yes", name of business: Harnrtirne Sportfishing Charter Are you currently serving on a M Yda City, boa,rd? M Have you served on a City Yes board in the past? If ""yes"" which board(s) and General Pension Board when? Have you ever been convicted No 0 a crime? 1 2=. Advisory Board Emiployee Pension Boardi If appointed by the City Commission, to serve, as Board No Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I began working for the city October 2002 at the Tennis Center, A few years after I started i was asked to be on the Genesi Pension Board. Since 2009 1 have served as a Trustee on the Boynton Beach General Pension Board,, During, that time p received my Page 13 of 568 certification as a trustee with the Florida Public Pension Trustee Association (FPPTA,) have maintained ruy CEU's during that time. l have enjoyed the experience while serving on this board. I would like to continue if you will have me. Th a in lk You 1 rin, MWIF"15,01711 ITT.M"O extra sheet or resume. Certification 1, the applicant, hereby certify that the staternents and answers provided' herein, are true anal accurate. I understand that, if appointed, any false statements may be, cause for removal from a board. The message has been sent from 50.237.1 1,154 (Urifted States) at 2022-12-08, 15:33:58 on, Chrome 108.0.0.0 Entry to: 576 Form Host: ht dt vs.,'L/IQ-T-mL.LULQLm- -b-uj_,LjpLpj _L�cadon _2 _ _p Page 14 of 568 From: City Clerk Sent. Wednesday, Novernber 16, 2022 7:52 AM To: Stanzione, Tarnmy Subject: FW: Advisory Board Appointment appNication Sent- Tuesday, November 15i, 2022 7:16 PM To: City Clerk <CityCIerk@bbft us> Subject: Advisory Board Appointment application Today" 4 date 11/15/2022 Name victor norfus Phone number 561-601-0790 Address 225 North West 6th Avenue Boynton, Beach 33435 plaited States Email Current occupation or, if retired - Computer Software Analyst retired, prior occupation Education, BS Computer Information Systerns Are you a, registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/ma,nage a business No within City limiits? If "Yes"', name of business: 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 Parks and Recreation when? Community Relations Board Have you ever been convicted No of a crime? if "yes", when and where? Advisory Board Historic Resources, Preservation Board U Page 15 of 568 R= ��� Personal Qualifications U'S Air force Veteran - Honor Guardsman, Cornputer Information Managernent Black History Historian Boynton Beach - wrote Boynton black history book cal" Foundations of Faith for Boynton Beach historical Society ffor Is oric Tjee , - , I TFUI I =0 I designated historic location state of Floriida a:nd Boynton beach rre=Mr Wells Proclamation and Welil Memorial Avenlue Marker M9E=FXT-TMMM 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 rernovall from a board. The message has been, sent from 50-228.245.186 (United States) at 2022-11-15 19:16:23 on Chrome 107.0.0.0 Entry ID: 575 Referrer: bUtilJw—wA.hoOn-b PaL YaL— ftq[LI Form Host-. hL!11s 123for'Mbuilde corn _1 atn LL Page 16 of 568 Stanzione, Tamimiy From: fa�iner <nor-e'ply@123fornibuilder,com> Sent- ThUrsday, Decernber 08, 2022 5:12 PM To- City clerk Subject: Advisory Board Appointryient application Today's date 12/08/2022 Name Russell Faine UIT*TtT-Jmff M. TIM Education 561-742-6192 2100 High Ri�dge Rd Boynton Beach FIL 33426 United States fainer@Wkis Police Sergeant Bachelors Degree Are you a registered' voter? y Doi you reside within the Y Boynton Bieach City limits? Do you! own/ma,nagei a business within City limits? w 4w Are you cuirrently serving on, a, Yeis City board? H�ave you served on a City Yes board in the past? If "yes", which boaird(s) and 1161lice Pension Trust Fund when? If "Yes", when and where? Advisory Board Police Officers' Retirerrient DO-= = Y Commission to, serve as Board Yes Chair or V'ice Chair are you willing to serve in this capacity? Personal Qualifications Certified public pension trustee (CPPT) with the Florida Public Pension Trustee Association I Page 17 of 568 8 years serving the police pension board, currently serving as secretary of the board Bachelors degree 18 years serving as a, police officer with the City of Boynton Beach FL Arrry National Guard veteran Professional Memberships F P PTA FBI-LEEDA . �Wra steet or resurne. Certification 1, the applicant, hereby certify that the staternents and answers, provided herein are true and accurate. I understand that, if appointed, any false statements may be caLJSe for removal froini a board, The message has been sent from 107,136,90,201 (United States) at 2022-12-08 17:11A7 on Whone 16.1 Entry IID577 Referrer: A sM.,Zz.ww ,b )y c e -n,Q --m- _i q - Form Host, L�Us LdZk�r—rv1.I:M(uru-tdi ( Le-.cov/�5-8-3—!'Mht Page 18 of 568 Consent Agenda 1/3/2023 Requested Action by Commission: Proposed Resolution No. R23-001- Approve Resolution of Support for the Florida Department of Transportation to include the design and construction of a pedestrian crossing of East Ocean Avenue at NE 6th Street in its East Ocean Avenue resurfacing project. The City would need to fund its portion of the design and construction. Explanation of Request: The Florida Department of Transportation (FDOT) owns and maintains East Ocean Avenue from Federal Highway to A1A (see Attachment 2 -Location Map). FDOT has scheduled the resurfacing of the roadway in Fiscal Year 2024. In July 2022, FDOT completed a Crosswalk Warrant Assessment of E. Ocean Avenue and NE 6th St (Attachment 3) and found that that area met the demand for a pedestrian crossing. The FDOT recommendation includes: The installation of a rectangular rapid flashing beacon assembly The installation of a special emphasis crosswalk In September 2022, Commission asked staff to plan the installation of the crosswalk. Staff planned to budget the design in Fiscal Year 2023-24, and the construction in 2024-25. In November 2022, in exchange for a Resolution of Support, FDOT indicated to staff that if the City is willing to fund the design and construction, FDOT would add the crosswalk to its previously scheduled Ocean Avenue resurfacing project. If this Resolution is approved, FDOT will prepare and provide the City a Local Funding Agreement for the project. Staff will bring the agreement back to the Commission for approval. How will this affect city programs or services? NA Fiscal Impact: Depending on the funding requirements of the FDOT, a budget adjustment for the 2022-23 Capital Improvement Plan may be required. Alternatives: Do not approve Resolution and have staff include the design in FY 2023-24 C I P and construction in the 2024- 25 CIP. Strategic Plan: Strategic Plan Application: Page 19 of 568 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()l LA b 0 111 D I ocaboin li ap D AttacNrTIENI'lt Description 1:RE)S0k.J1b01['1 SLApporbing F::: IDO T ill'ICk.jiding thE�, dE)Sig1['1 aind coir stir'LAUOIII Of a pEdE)Striain cirossiing of IEast OC2,ainAvel['ILAE, at NE 6th Stir'EsE)t AttachirTIENI'lt 2 1 ocaboin li ap AttachirTIENI'lt 3 F::: IDO T Cirossw,,.-,.ilk Wairraint ASSE)SSrTIENI'lt Page 20 of 568 I RESOLUTION NO. R23-001 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN 3 SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION 4 TO INCLUDE THE DESIGN AND CONSTRUCTION OF A PEDESTRIAN 5 CROSSING OF EAST OCEAN AVENUE AT NORTHEAST 6TH STREET 6 IN ITS EAST OCEAN AVENUE RESURFACING PROJECT; AND 7 PROVIDING AN EFFECTIVE DATE. 8 WHEREAS, The Florida Department of Transportation (FDOT) owns and maintains East 9 Ocean Avenue from Federal Highway to Al and has scheduled the resurfacing of the roadway 10 in fiscal year 2024; and 11 WHEREAS, in July 2022, FDOT completed a Crosswalk Warrant Assessment of East 12 Ocean Avenue and Northeast 6th Street and found that that area met the demand for a 13 pedestrian crossing; and 14 WHEREAS, in November 2022, in exchange for a Resolution of Support, FDOT indicated 15 to staff that if the City is willing to fund the design and construction, FDOT would add the 16 crosswalk to its previously scheduled Ocean Avenue resurfacing project. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 19 BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. The City Commission is hereby in support of the Florida Department of 24 Transportation including the design and construction of a pedestrian crossing of East Ocean 25 Avenue at Northeast 6t" Street in it's East Ocean Avenue Resurfacing Project with the City 26 funding it's portion of the design and construction. 27 Section 3. This Resolution will become effective immediately upon passage. 28 1 S:ACA\RESO\Legislative Actions\Supporting The FDOT Pedestrian Crossing - Reso.Docx Page 21 of 568 29 PASSED AND ADOPTED this 20th day of December, 2022. 30 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 2 S:ACA\RESO\Legislative Actions\Supporting The FDOT Pedestrian Crossing - Reso.Docx Page 22 of 568 �-_ --..__.� __... ---.._ __._.. ___._ _. _... __ ___. o.. __ _.._ _. _.._.. __..__.__..__. TO: Rana Keel, E.I., FDOT District 4 — Acting Traffic Services Engineer DATE: July 27, 2022 FROM: Veronica A. Altuve, P.E., FDOT District 4 Consultant Anika Tabassum, E.I., FDOT District 4 Consultant SUBJECT: Crosswalk Warrant Assessment E Ocean Avenue at NE 6 Street, City of Boynton Beach, Palm Beach County, FL (Section 93200000 MP 9.325 to 9.391) The Florida Department of Transportation (FDOT) District 4 received a request from a resident of Marina Village Condominium in the City of Boynton Beach, Palm Beach County to assess the need for a crosswalk on E Ocean Avenue at NE 6 Street (study crosswalk location). The request correspondence is included in Attachment A. An aerial map showing the location of the study area is provided in Figure 1. This assessment follows the guidelines and criteria as outlined in FDOT's Traffic Engineering Manual (TEM), January 2022, Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition, and FDOT's Manual on Uniform Traffic Studies (MUTS), revised in 2022. • FDOT collected pedestrian/bicycle counts consisting of 12 -hour periods (7:00 AM to 7:00 PM) during three (3) consecutive days. Counts were collected on an average Friday, Saturday, and Sunday. FDOT collected speed data coinciding with the pedestrian/bicycle counts. • A field review was conducted during the highest hour of pedestrian/bicycle activity reflected in the counts. Pedestrian/Bicycle crash data was analyzed for the most recent five (5) years (2015 to 2019) using FDOT's Crash Analysis Reporting System (CARS Online) and supplemented with Signal Four Analytics from January 2020 to December 2021. A review of 2019 FDOT's High Crash Segment List was performed for the length of the studied corridor. i Page 24 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 Page 25 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 Table 1 provides a summary of the characteristics of the roadway segment along E Ocean Avenue at NE 6 Street in the City of Boynton Beach, Palm Beach County. Table 1. Location Characteristics Typical Section Two-lane, Divided Roadway Functional Classification Urban Principal Arterial Access Classification Class 06 - Non -Restrictive Context Classification C5 — Urban Center Speed Limit 30 miles per hour (mph) Daily Traffic Data, February 2022 11,603 (Average of 3 -days traffic volume) Street Lighting Decorative lighting along the north and south sides of the roadway Signalized Intersections US -1 to the west On -street Parking Few parking along the north and south sides of the roadway Horizontal/Vertical Curves Vertical Curve on the eastside of E Ocean Avenue Drainage Curb and gutter Sidewalks Continuous sidewalks along north and south sides of E Ocean Avenue Bicycle Lanes Marked bicycle lanes along north and south sides of E Ocean Avenue Transit None Adjacent Land Uses Residential, Recreational, and commercial/retail E Ocean Avenue is a two-lane, two-way roadway, with a raised median, between NE 6 Court and NE 6 Street. The posted speed limit is 30 mph. The primary land uses are residential, recreational, and commercial/retail. Sidewalks and marked bicycle lanes are provided along both sides of E Ocean Avenue. There is a vertical curve on the eastside of E Ocean Avenue. Decorative lightings are provided along both sides of E Ocean Avenue. There is no Palm Tran Transit Route operating along E Ocean Avenue. 3 i Page 26 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 Pedestrian and bicycle counts were collected on Friday, Saturday, and Sunday, March 4 — 6, 2022, from 7:00 AM to 7:00 PM. Additionally, 72 -hour speed data and traffic volumes were collected over the same three-day period along E Ocean Avenue at NE 6 Street. The location of the counts and speed data collected are graphically shown in Figure 1. The pedestrians and bicyclists crossing E Ocean Avenue at the study crosswalk location are summarized by hour in Table 2 and the east leg of E Ocean Avenue and NE 6 Street intersection had the highest daily three (3) days cumulative pedestrian and bicycle counts (924) crossing E Ocean Avenue as compared to the west leg (666). The pedestrian and bicycle count data are included in Attachment B. Table 2. Pedestrian and Bicycle Counts :l Page 27 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 e 1e Traffic volume counts recorded March 4 — 6, 2022 are summarized in Table 3. The average daily traffic volume was 11,603. The traffic volume data is included in Attachment C. Table 3. Daily Traffic Volume The 72 -hour speed data was collected by direction (eastbound and westbound) on the same three (3) days as the pedestrian and bicycle counts. A summary of speed data is provided in Table 4. The speed study is included in Attachment C. Table 4. Speed Data Summary The posted speed limit on E Ocean Avenue in the vicinity of the study crosswalk location is 30 mph. As seen in Table 4, the 85" percentile speeds exceed the posted speed limit by a maximum of seven (7) mph in the eastbound direction and four (4) mph in the westbound direction. The 10 -mile pace (defined as the 10 -mph range containing the most vehicles) is between 25 and 34 mph for the eastbound direction and between 20 and 29 mph for the westbound direction. Page 28 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 A field review was conducted on Sunday, April 24, 2022, between 3:00 PM and 4:00 PM. A summary of the observations at the study crosswalk location is provided below: • E Ocean Avenue is a two-lane, two-way roadway, with a raised median, from NE 6 Court and NE 6 Street. • The posted speed limit is 30 miles per hour. • Decorative lighting is provided along the east and west side of E Ocean Avenue (See Photograph 1). • There is a vertical curve on the eastside of E Ocean Avenue (See Photograph 2). • The nearest crosswalk is located at the signalized intersection of US 1 and E Ocean Avenue, approximately 600 feet west of NE 6 Street. • A significant number of pedestrians and bicyclists were observed using the sidewalks and bicycle lanes along E Ocean Avenue. • Thirty-eight (38) pedestrians and bicyclists crossed E Ocean Avenue during the field review period. A portion of the pedestrians crossed E Ocean Avenue diagonally at NE 6 Street intersection (See Photograph 3). Photograph 1. Decorative lights on the east and west sides of E Ocean Avenue (Looking east) C1 i Page 29 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 Photograph 2. Vertical curve on the eastside of E Ocean Avenue Photograph 3. A pedestrian crossing at the study crosswalk location diagonally i Page 30 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 • Pedestrian -vehicular conflicts were observed. Vehicles stopped to allow pedestrians cross E Ocean Avenue. • Pedestrians were observed to wait in the middle of the road for the vehicles to pass (See Photograph 4). Photograph 4. Pedestrians waiting between the lanes to cross E Ocean Avenue (Looking north) <<<The remainder of this page intentionally left blank>>> E3 Page 31 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 Table 5 summarizes the crash data analysis in the vicinity of the study crosswalk location. Five (5) year historical crash data were obtained from FDOT's CAR On -Line database for 2015 to 2019. Further, crash data available from Signal Four Analytics for years 2020 to 2021 were obtained and summarized for informational purposes. It should be noted that Signal Four data is not certified by MOT to be complete. Table S. Crash Data Analysis A total of 3 crashes were identified during the study period, with a predominance of two (2) angle crashes (67%), and one (1) sideswipe crash (33%). The crash data indicated that there were no fatal and incapacitating crashes. Table 5 shows that 67 percent of the crashes occurred during daylight conditions and 33 percent occurred during non -daylight conditions. E Ocean Avenue at NE 6 Street is listed in the 2019 FDOT's High Crash Segment List. There were no pedestrian or bicycle crashes reported in the vicinity of the study crosswalk location. TARGET uum Page 32 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 Sections 5.2 and 5.6 of the TEM outlines the following criteria that should be considered when evaluating the need for a midblock crosswalk: • Proximity to Significant Generators and Attractors: A well-designed spatial pattern or pedestrian generators, attractors, and flow (across a roadway) between them or a well-defined pattern of existing pedestrian crossings. • Levels of Pedestrian Demand: The threshold for consideration to install a new marked crosswalk is 20 or more during a single hour (any four consecutive 15 -minute periods) of an average day. Section 5.2.5.1(2)(d) of the TEM provides a 50 percent reduction to the threshold for crossing locations connecting to a shared use path. Section 5.2.5.1(2)(c) of the TEM provides exceptions to the minimum pedestrian volume demand criteria for roadway with Context Classifications, C2T — Rural Town, CK — Suburban Commercial, C4 — Urban General, C5 — Urban Center, and C6 — Urban Core. In addition, pedestrian crosswalks within a school zone are also exempted from the minimum pedestrian volume. • Location Characteristics: A minimum vehicular volume of 2,000 Annual Daily Traffic (ADT) along the roadway segment, the minimum distance to the nearest alternative intersection or crossing location is 300 feet, and the study crosswalk location must be outside the influence area of adjacent signalized intersections, including the limits of the auxiliary turn lanes. • Pedestrian -vehicle Crash History: Latest three (3) years of pedestrian -vehicle crash history within the vicinity of the proposed crosswalk. As shown in Figure 1, the land uses along the south side of E Ocean Avenue at NE 6 Street are commercial, retail and condominiums, the Ocean Plaza with various restaurants and the Coastal Towers. On the north side of E Ocean Avenue, there are also residential towers and the Boynton Harbor Marina. These residential and commercial/retail establishments around the area are significant pedestrian generators and attractors. The maximum pedestrian and bicycle demand, including the corresponding two-way traffic volumes, is summarized in Table 7. The east leg of the intersection had the highest number of pedestrian crossings in the afternoon. The number of pedestrians crossing the intersection was also high when the traffic volume was the highest. The maximum hourly pedestrian and bicycle count crossing E Ocean Avenue at NE 6 Street satisfies the minimum recommended levels of pedestrian demand criteria. Thus, there is a well-defined pattern of pedestrians crossing this roadway. Ocean Avenue at NE 6 Street meets the minimum demand for pedestrian crossings. .�" ..... 10 r�'IARCiEP wrausrwuza s Page 33 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 Location Characteristics: The daily traffic along E Ocean Avenue at NE 6 Street is 11,603, which is higher than the minimum vehicular volume of 2,000 ADT. The nearest crosswalk to E Ocean Avenue at NE 6 Street unsignalized intersection is located approximately 625 feet west of NE 6 Street. Therefore, the nearest crosswalk is located more than 300 feet from NE 6 Street intersection. Based on the field observations, the study crosswalk location is outside the influence area of the adjacent signalized intersection of US 1 at E Ocean Avenue. Pedestrian -Vehicle Crash History: There were no pedestrian and bicycle crashes related to crossing E Ocean Avenue between 2015 and 2021. <<<The remainder of this page intentionally left blank>>> TARGET 11 ^' ........ ... ,"smmi�" fd aALVMfSA SEMfGGSVWUk! rs Page 34 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 CROSSWALK TRAFFIC CONTROL T ANALYSIS Sections 5.2.5.2 of the TEM outlines the following criteria for beacons and signals: • Rectangular Rapid Flashing Beacon (RRFB): The use of RRFBs shall be limited to roadways with four (4) or fewer through lanes (both directions) and posted speed limit of 35 mph or less. For locations with five (5) lanes, 4 -through lanes with Two -Way Left Turn Lane, a refuge island or raised median may be installed at the center of the roadway to create a two-stage crossing. Overhead RRFBs are preferred to be used for locations with four (4) lanes divided or five (5) lane roadways with a median refuge island. • Pedestrian Hybrid Beacon (PHB): A minimum distance of 100 feet from the side streets or driveways controlled by a stop or yield signs should be maintained. PHB should meet the volume guidance set forth in Chapter 4F of the MUTCD. A PHB may also be installed when a Midblock Traffic Control Signal is not justified under Chapter 4C of the MUTCD signal warrants, when speed of vehicles approaching the location on the major street is too high to permit pedestrian to cross, and when pedestrian delay is excessive. • Midblock Traffic Control Signal: A minimum distance of 300 feet from the side streets or driveways controlled by a stop or yield signs should be maintained. For crosswalks that would be located at a distance greater than 300 feet, its distance to adjacent signals and availability of adequate gaps for pedestrian crossing shall also be considered to determine whether the signal is needed for safe pedestrian crossing. Midblock Traffic Control Signals shall meet Warrant 4 of the MUTCD, Pedestrian Volume. However, the minimum pedestrian volume threshold under Warrant 4 may be reduced by 50 percent when the 15" percentile crossing speed is less than 3.5 feet per second or may be reduced by 30 percent when the 85" percentile speed on the major street exceeds 35 mph or when the area of the midblock crossing is within the built-up area of an isolated community having a population of less than 10,000. The TEM Figures 5.2-1 (speeds of 35 mph or less) and 5.2-2 (speeds greater than 35 mph) summarize the pedestrian crossing and traffic volume thresholds for beacons and signals: Figure 5.2-1. Guidelines for the Installation of Pedestrian Treatments on Low. Speed Roadways 0200 lal ° d00 Fpr NOG 1000 1200 1400 1600 18170 -30 A'RROACIif!S VR f IfIE. FIR I 10 AR ivPHI �om Fo°mom p°oe°rctia,� °' a a°° p ws�n°ia a°°aaw°v<°°°n 12 Figure 5.2-2. Guidelines for the Installation of Pedestrian Treatments on High. Speed Roadways 111 2W 400 loo boo low I — 1400 1600 I., AKMfRhE �'fC)tAL J PlJ1H APwgOACHF:v ve.nfa.ls `Ek,' boux (vyH) won r Page 35 of 568 Rana Keel, c.|. pmOTDistrict 4—Acting Traffic Services Engineer July 27, 2022 E Ocean Avenue have posted speed limits of ]O mph. Thus, TEM Figure 52'1 has been used to determine the preliminary traffic control for the crosswalk study area as shown in Figure 2. The approximate crosswalk length (L) for the location is also shown in Figure 2. Figure 2. Preliminary Traffic Control Evaluation 5CX) 0 400 � 300 CL 200 �w 100 ^� a_ �L(U) 60 � � 40 20 20iO 400 600 800 1000 11200 1400 1600 8( MAJOR SI"REP - IOTAL OF B0111 APPROACHES MUTCD Guidelines for the Installation of Pedestfron Hybrid beacons on Low -Speed Roadway$ Ch MUTCD Guldellnes for the Installotion of Floshino Beacons or Rectongulor Ropid Floshing Beacons] on Low -Speed Roadways Chort E ocean Avenue between NE 6 Court and NE 6 Street 13 Page 36 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 A summary of the recommended traffic control on E Ocean Avenue at NE 6 Street is as follows: • The pedestrian/bicycle volumes do not meet the criterial for a signal. • The pedestrian/bicycle volumes meet the criteria for a PHB. However, this location does not meet the minimum distance of 100 feet from the side street (NE 6 Street) controlled by a stop sign. • There is no minimum distance from the side street stop -controlled intersection for the installation of RRFB. The crossing distance would be approximately 70 feet. Thus, RRFB is a viable option as the traffic control measure at this location. <<<The remainder of this page intentionally left blank>>> 14 Page 37 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 The Department prepared a crosswalk warrant analysis for E Ocean Avenue at NE 6 Street, as requested by a resident of Marina Village condominium complex in the City of Boynton Beach, Palm Beach County. E Ocean Avenue is a two-lane, two-way, roadway with a raised median. Based on the data analysis, a crosswalk is recommended for E Ocean Avenue at NE 6 Street for the following reasons: • Pedestrian volumes satisfy the recommended levels of pedestrian demand of 20 or more during a single hour (any four consecutive 15 -minute periods) of an average day. There is a well- defined pattern of pedestrians crossing this roadway. • The nearest crosswalk provided in the vicinity of the crosswalk study location is at the signalized intersection of US 1 and E Ocean Avenue, approximately 600 feet west of the intersection. • Based on the field observation, there were enough gaps for pedestrians to cross E Ocean Avenue. • There were pedestrian -vehicular conflicts. • The corresponding two-way vehicles per hour was 1,172. • The posted speed limit on E Ocean Avenue is 30 mph. The 85th percentile speeds in both the eastbound and westbound directions exceed the posted speed limit by a maximum of seven (7) mph in the eastbound direction and four (4) mph in the westbound direction. Based on data analysis, it is recommended to install a RRFB on the west leg of the intersection of E Ocean Avenue and NE 6 Street. Although most of the pedestrian crossings occurred on the east leg, there is a vertical curve on the east side. The recommendation is summarized as follows and graphically depicted in Figure 3: • Install Special Emphasis crosswalk. • Install regular RRFBs as per FDOT Standard Plans Index 654-001. • RRFB shall include an audible warning message "WAIT FOR TRAFFIC TO STOP THEN CROSS WITH CAUTION" upon activation. RRFB shall include an instruction sign with the following 3 -line legend "PUSH BUTTON FOR WARNING LIGHTS / WAIT FOR STOP / CROSS WITH CAUTION" (FTP - 68C -21). • Install STOP HERE FOR PEDESTRIANS (R1 -5b) signs on both sides of the roadway with stops bars approximately 40 feet away from the RRFBs. • Install in -pavement PEDESTRIAN CROSSING WARNING (W11-2) pavement markings approximately 50 feet away from the stop bars. • Perform an evaluation to confirm that there is adequate stopping sight distance for the westbound vehicles due to the vertical curve from the bridge to the east. 15 r�TAVRGETrerausrwuza Page 38 of 568 Rana Keel, E.I. FDOT District 4—Acting Traffic Services Engineer July 27, 2022 Figure 3. Crosswalk with RRFB Concept TARGET - 16ZE, Page 39 of 568 ATTACH ME NT A REQUEST CORRESPONDENCE Page 40 of 568 Altuve, Veronica From: Altuve, Veronica Sent: Wednesday, December 15, 2021 12:53 PM To: Rodrigues, Nadir Subject: RE: FDOT Traffic -Pedestrian -Bicycle Safety Nadir, A crosswalk evaluation should be performed for E Ocean Avenue at NE 6 Street. There is a shopping center, Ocean Plaza with various restaurants and commercial land uses, that perhaps attracts the residents from the north side of E Ocean Avenue. E Ocean is two-lane with raised median roadway and 30 MPH posted speed limit. Sidewalks, bike lanes, and decorative lighting are provided along both sides of E Ocean Avenue. The nearest marked crosswalk is at the east leg of the signalized intersection of E Ocean Avenue and US 1 located approximately 600 feet to the west. Crash data from CARS between 2015 through 2019 and from Signal 4 Analytics between 2020 through present provided no pedestrian/bicycle crashes in the vicinity of NE 6 Street. If you concur, I will work with David or Tom to assign to one of their consultants. Best Regards, Veronica A. Altuve, P.E. Acting Pedestrian and Bicycle Specialist Florida Department of Transportation — District 4 Consultant Traffic Operations 3400 West Commercial Boulevard Page 41 of 568 Fort Lauderdale, FL 33309-3421 Email: e ileo irk ii..c:..:. I.:�:::'u.:ve.. I, !2J.] . Phone: 954-777-4616 From: Rodrigues, Nadir <Nadir.Rodrigues@dot.state.fl.us> Sent: Thursday, December 9, 20212:19 PM To: Altuve, Veronica <Veronica.Altuve@dot.state.f1.us> Subject: FW: FDOT Traffic -Pedestrian -Bicycle Safety Veronica, This request fell through the cracks in my inbox. Can you please review and let me know your assessment? Thank you, Nadir F. Rodrigues, P.E., CPM Traffic Services Program Engineer Florida Department of Transportation — District 4 Traffic Operations I adir...1 .�?.d.I."!j.g.u.�'.2..�, �.q:�::..sta!:�:::e.::f:iil. us. 954-777-4156 Working Hours: Monday thru Thursday 7:OOAM to 5:30PM From: Pinapaka, Satya< I.us> Sent: Wednesday, October 13, 20213:52 PM To: Rodrigues, Nadir <Nadir.Rodrigues@dot.state.fl.us>; Canedo, Guillermo <Guillermo.Canedo@dot.state.fl.us> Subject: RE: FDOT Traffic -Pedestrian -Bicycle Safety Nadir, Customer's request has been logged in the database. Thank you. Satya From: Rodrigues, Nadir <Nadir.Rodrigues@dot.state.fl.us> Sent: Wednesday, October 13, 20213:02 PM To: Canedo, Guillermo <Guillermo.Canedo@ ot.state.fl.us> Cc: Pinapaka, Satya< I.us> Subject: FW: FDOT Traffic -Pedestrian -Bicycle Safety Billy, Please let customer know we will assess the request and inform of our assessment in 6 to 8 weeks. Satya, Please add this issue to our list of locations to be reviewed. Thank you, Page 42 of 568 Nadir F. Rodrigues, P.E., CPM Traffic Services Program Engineer Florida Department of Transportation — District 4 Traffic Operations 954-777-4156 From: Canedo, Guillermo <Guillermo.Canedo dot.state.fl.us> Sent: Wednesday, October 13, 202110:58 AM To: Rodrigues, Nadir <Nadir.Rodrigues dot.state.fl.us> Subject: FW: FDOT Traffic -Pedestrian -Bicycle Safety Hi Nadir, Customer Bruce Olson requests the Department look at the intersection of SE 6t" Street and E. Ocean Ave., in Boynton Beach and consider installing a crosswalk. The intersection has a couple of residential towers to the North, and a strip mall to the South. "7 want to request that you examine this intersection and make a determination if at least a cross -walk be delineated on the roadway of SR 804 at 6th St. I have seen one accident at this intersection, people frequently speed through both west -and east bound, and reckless u - turns are common. During seasonally busy times, traffic picks up and enters the intersection from multiple directions.." Please let me know how I should respond. Below is a screenshot: Page 43 of 568 I I r,5' 5 1 IN�vd� Boyirlico,�, Bieac; . 2 �� D Lorna E Slhiov,e sieaii,c-hi 1 625 CrIs, ------------------------------- I lfll."Ift vascript:vOid(o) Y-, VIAM/M Page 44 of 568 C,rashes .- On Systemi (Group) I AJI �I !Systlem Crashies Aev e C✓,iri Syst,I Caiii,,mierc],A Nolehkdle Falbhr [I I I SystiI E)dveirs avipir 65 I IS y s, t i-� Fatakties I IS y s t 1'r ljrljjr.,iidles aii,iod FataHfles �,iri Syst,I �,lciitoricylicle / tliaped � Falb [I - I I systiI Rilcycflst CZ,r�asl-res- I I SystiI Pedes-tiriari Crashes I I SystiI Eididgie Cl' ashes Cur 11 Syst,I Tw,cii--,,,iIay Left Turri ...... Laine' Ciras!hll2'-`:, MUNOW ------------------------------- I lfll."Ift vascript:vOid(o) Y-, VIAM/M Page 44 of 568 Guillermo Canedo f.omm_imi=catk_q1%=UAna&ex_ FDOT District Four •ffice: 954-777-430 954-405-6028 From: Bruce Olson <bruceaolson1001 mail.com> Sent: Wednesday, October 13, 202110:29 AM To: Canedo, Guillermo <Guillermo.Canedo dot.state.fl.us> Subject: FDOT Traffic -Pedestrian -Bicycle Safety EXTERNAL SENDER: Use caution with links and attachments. I live in a complex called Marina Village in Boynton Beach Florida (Palm Beach County). The Marina Village complex is between E Boynton Beach Blvd and East Ocean Ave (S.R. 804). E Ocean Avenue has a draw bridge leading over the intracoastal to Ocean Ridge. NE 6th St crosses E Ocean Ave to contiue as SE 6th St on the other side. The Sunshine Mall (with a modest number of shops and restaurants) is on the south side of Ocean Ave and the Marina Village complex is on the north side. There are two restaurants to the east of the Marina Village complex as well as a fairly busy marina next to the intracoastal waterway. There is considerable pedestrian and bicycle traffic across Ocean Ave at 6th St but there are no crosswalk markings at all. Traffic flows steadily from both east and west of this part of Ocean Avenue but there is also a significant amount of cross traffic from 6th St. I want to request that you examine this intersection and make a determination if at least a cross -walk be delineated on the roadway of SR 804 at 6th St. I have seen one accident at this intersection, people frequently speed through both west -and east bound, and reckless u -turns are common. During seasonally busy times, traffic picks up and enters the intersection from multiple directions.. It would seem prudent to consider some measures be taken to make this intersection safer for drivers, bikers, and pedestrians. Thanks ..Bruce Olson bruceaolson1001(@a ail.co Page 45 of 568 Page 46 of 568 ATTACHMENT B PEDESTRIAN/BICYCLE COUNTS Page 47 of 568 State of Florida Department of Transportation SUMMARY OF NON -MOTORIZED MOVEMENTS Form 750-020-10 TRAFFIC ENGINEERING September 2020 Major Street E Ocean Avenue Roadway ID 93200000 Milepost Minor Street NE 6 Street Roadway ID Milepost City Boynton Beach County Palm Beach County 9.379 Agency / Company Analyst/Observer Date Performed Analysis Period AM PM Weather McMahon Friday, March 4, 2022 7:00 AM To: 7:00 PM To: INTERSECTION DIAGRAM F-1Pushbutton ❑ Ped Head MAJOR STREET E Ocean Avenue ❑ Pushbutton ❑ Ped Head MINOR STREET NE 6 Street O * O O N O '.,.0 ❑ Pushbutton ❑ Ped Head ❑ Pushbutton ❑ Ped Head Intersection Control Type: N/A Roadway Width (feet) N/S: E/W: 53/66 Median Width (feet): ❑ < 4 feet ❑ >_ 4 feet Remarks: Clear Data NON -MOTORIZED MOVEMENTS TIME NORTH SOUTH EAST WEST PEDS BIKES PEDS BIKES PEDS BIKES PEDS BIKES 7:00 AM to 8:00 AM 19 3 3 8:00 AM to 9:00 AM 14 3 13 9:00 AM to 10:00 AM 25 5 8 10:00 AM to 11:00 AM 26 2 22 11:00 AM to 12:00 PM 16 1 14 12:00 PM to 1:00 PM 10 2 10 1:00 PM to 2:00 PM 15 2 8 2:00 PM to 3:00 PM 14 7 14 3:00 PM to 4:00 PM 30 2 11 4:00 PM to 5:00 PM 35 3 18 5:00 PM to 6:00 PM 21 5 21 6:00 PM to 7:00 PM 33 3 28 APPROACH TOTALS 1 1258 1 38 170 INTERSECTION TOTALS PEDS 428 BIKES 38 Page 48 of 568 State of Florida Department of Transportation SUMMARY OF NON -MOTORIZED MOVEMENTS Form 750-020-10 TRAFFIC ENGINEERING September 2020 Major Street E Ocean Avenue Roadway ID 93200000 Milepost Minor Street NE 6 Street Roadway ID Milepost City Boynton Beach County Palm Beach County 9.379 Agency / Company Analyst/Observer Date Performed Analysis Period AM PM Weather McMahon Saturday, March 5, 2022 7:00 AM To: 7:00 PM To: INTERSECTION DIAGRAM F-1Pushbutton ❑ Ped Head MAJOR STREET E Ocean Avenue ❑ Pushbutton ❑ Ped Head MINOR STREET NE 6 Street O * O O N O O.',.0 ❑ Pushbutton ❑ Ped Head ❑ Pushbutton ❑ Ped Head Intersection Control Type: N/A Roadway Width (feet) N/S: E/W: 53/66 Median Width (feet): ❑ < 4 feet ❑ >_ 4 feet Remarks: Clear Data NON -MOTORIZED MOVEMENTS TIME NORTH SOUTH EAST WEST PEDS BIKES PEDS BIKES PEDS BIKES PEDS BIKES 7:00 AM to 8:00 AM 14 3 6 8:00 AM to 9:00 AM 17 2 13 9:00 AM to 10:00 AM 17 3 33 10:00 AM to 11:00 AM 27 3 21 3 11:00 AM to 12:00 PM 18 5 24 12:00 PM to 1:00 PM 4 6 16 2 1:00 PM to 2:00 PM 5 6 9 2:00 PM to 3:00 PM 16 2 30 1 3:00 PM to 4:00 PM 22 1 34 1 4:00 PM to 5:00 PM 24 2 29 2 5:00 PM to 6:00 PM 21 4 20 6:00 PM to 7:00 PM 25 2 37 APPROACH TOTALS 1 1210 1 39 272 1 9 INTERSECTION TOTALS PEDS 482 BIKES 48 Page 49 of 568 State of Florida Department of Transportation SUMMARY OF NON -MOTORIZED MOVEMENTS Form 750-020-10 TRAFFIC ENGINEERING September 2020 Major Street E Ocean Avenue Roadway ID 93200000 Milepost Minor Street NE 6 Street Roadway ID Milepost City Boynton Beach County Palm Beach County 9.379 Agency / Company Analyst/Observer Date Performed Analysis Period AM PM Weather McMahon Sunday, March 6, 2022 7:00 AM To: 7:00 PM To: INTERSECTION DIAGRAM F-1Pushbutton ❑ Ped Head MAJOR STREET E Ocean Avenue ❑ Pushbutton ❑ Ped Head MINOR STREET NE 6 Street O * O O N O O.',.0 ❑ Pushbutton ❑ Ped Head ❑ Pushbutton ❑ Ped Head Intersection Control Type: N/A Roadway Width (feet) N/S: E/W: 53/66 Median Width (feet): ❑ < 4 feet ❑ >_ 4 feet Remarks: Clear Data NON -MOTORIZED MOVEMENTS TIME NORTH SOUTH EAST WEST PEDS BIKES PEDS BIKES PEDS BIKES PEDS BIKES 7:00 AM to 8:00 AM 12 2 5 8:00 AM to 9:00 AM 17 4 9 1 9:00 AM to 10:00 AM 37 4 6 10:00 AM to 11:00 AM 24 8 1 11:00 AM to 12:00 PM 32 7 12 12:00 PM to 1:00 PM 19 10 11 1:00 PM to 2:00 PM 16 2 22 2:00 PM to 3:00 PM 19 2 26 3:00 PM to 4:00 PM 35 7 34 4:00 PM to 5:00 PM 39 31 5:00 PM to 6:00 PM 38 2 31 1 6:00 PM to 7:00 PM 40 3 25 APPROACH TOTALS 328 51 213 2 INTERSECTION TOTALS PEDS 541 BIKES 53 Page 50 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 7:00 AM To: 8:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu In U) Lu V CO 0 Lu In Lu V m 0 In Lu V m 1 It Distance 66 ft. Raised median: 0 Yes ❑ No It 1,1 2 Cn 0 Lu o - Distance ft. Cn Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes E] No 1 Cn 2,1,1,1 Cn 0 3 5 w 1,1 0- 1 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes E] No F -- Lu Lu 1 1,1,1 2,1,1,1 Cn 1 3 5 1 1,1 0 Yes ❑ No 1 2 F -- Lu Lu ry Cn Distance 53 ft. ry O z Raised median: 0 Yes ❑ No C/) 1,2,1 0 Lu 4 6 Lu Y m Page 51 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 8:00 AM To: 9:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 2 2,1 1 3,1 2 3 1 4 w Raised median: 2 0- 2 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No 2,1 1,2 3,1 1 3 3 4 w Raised median: 2 0- 2 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 1 Cn 1,2 1 0 O z 3 w Raised median: 2 0- 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 1 ry 1,2 1 1 O z 3 Raised median: 2 0 Yes ❑ No 2 F -- Lu Lu 2 ry 3,1 Cn ry Distance 53 ft. O z 4 Raised median: 1 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1 2 1,1 3,1 1 2 2 4 1 1 Page 52 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 9:00 AM To: 10:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu In U) Lu V CO 0 Lu 0 - Lu V m 0 In Lu V m 2 I 1,2 It Distance 66 ft. Raised median: 0 Yes ❑ No It 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No 1,1 1 2 5 0 1 2 w 1 1,1 0- 1 1 2 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1,2 1,1 Cn 1 5 0 2 1 w 1 1,1 0- 1 1 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1,2 1,1 2 1 5 2 2 1 1 1 1,1 1 1 1 2 1 F -- Lu Lu 1,1,2,1 ry 1,1 Cn Distance 53 ft. ry O 2 z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1,1,1 1,1,2,1 2,1,1,1 1,1 3 5 5 2 Page 53 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 10:00 AM To: 11:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y Fn U) 0 Lu 0- U) Lu V CO U) 0 Lu 0- U) Lu V GO w 0 Lu In U) Lu V GO 2,2,1,1 2 1,1,1 1 6 2 3 1 w Raised median: 0- 2 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No 1,1,1,2,1 2 1,1 5 6 2 2 w Raised median: 0- 2 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes E] No 2,1,3,1, Cn 1 5 0 1 2 w Raised median: 0- 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes E] No F -- Lu Lu 2,1,3,1, ry 1 5 2 1 2 1,1 Raised median: 0 Yes ❑ No 2 F -- Lu Lu 2,1,3,1, ry 1 Cn Distance 53 ft. ry O 1 z Raised median: 0 Yes ❑ No 0 Lu 0- w Y m 2,1,2,1 2,1,3,1, 2 1 6 7 2 1 Page 54 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON—MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 11:00 AM To: 12:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 1,1 1,1,2,1,2 1,1 1 2 7 2 1 w Raised median: 0- 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 2 1,1,2,1,2 1,1 1,1 2 7 2 2 w Raised median: 0- 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 1 Cn 1,1 1 0 2 2 w Raised median: 0- 0 0 0 0 cn w 0' 0 O m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 1 2 1,1 1 1 2 2 Raised median: 0 Yes ❑ No 1 F -- Lu Lu 1,1,1 ry 1,1 Cn ry Distance 53 ft. O z 2 Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1,1 1,1,1 1,1,1 1,1 2 3 3 2 1 1 Page 55 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 12:00 PM To: 1:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 1,2,1,1 1,1 5 2 4 Distance 66 ft. Raised median: 0 Yes ❑ No 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No 1 1 1 Cn ry 1 1 1 w 1 0- 1 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 Cn 1,1,1 Cn ry 0 O z 3 w 1 0- 1 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No F -- Lu Lu 1 ry 1,1,1 Cn ry 1 O z 3 1 1 0 Yes ❑ No 1 1 F -- Lu Lu 1,2 ry 2 Cn ry Distance 53 ft. O z 2 Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO Page 56 of 568 1,2 1 2 3 1 2 Page 56 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON—MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 1:00 PM To: 2:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu 0- U) Lu V CO 0 Lu In Lu V m 0 Lu In Lu V m 1,1,1,1 1, 1, 4 2 4 Distance 66 ft. Raised median: 0 Yes ❑ No It 1,1 2 Cn 0 Lu Distance ft. Cn Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1 2,1 Cn 2 3 0 1 2 w Raised median: 0- 2 0 0 0 0 cn w 0' 0 O m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1 2,1 1 2 3 3 1 2 Raised median: 0 Yes ❑ No 2 F -- Lu Lu 1,1 ry Cn ry Distance 53 ft. O z Raised median: 0 Yes ❑ No 2 0 Lu 0 - Lu Y CO 1,1 1,1 1,1 2 2 2 2 2 Page 57 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 2:00 PM To: 3:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 1 1,1,1,1 1 4 4 Distance 66 ft. Raised median: 0 Yes ❑ No 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No 1 1,4 1,1,1 Cn ry 1 5 3 w Raised median: 2,2,1 0- 1 5 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1 Cn 1 Cn ry 0 2 1 w Raised median: 2,2,1 0- 1 5 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No F -- Lu Lu 1,1 2 1 Cn ry Distance 53 ft. 2 1 1 Raised median: 2,2,1 0 Yes ❑ No 1 5 F -- Lu Lu 1,1 ry 1,1,1,1 Cn ry Distance 53 ft. O z 4 Raised median: 1 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1 1,1 4 1,1,1,1 1 2 4 4 1 1 Page 58 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 3:00 PM To: 4:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1 1,1,1 1,1 1,1 1 3 2 2 w Raised median: 0- 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1 1,1,1 Cn 1,1,1 1 3 4 3 w Raised median: 0- 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 1,1,1,1,1 Cn 2,1,1,1 1 0 4 5 w Raised median: 0- 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 1,1,1,1,1 1,1,1,1 2,1,1,1 1 Distance 53 ft. 4 5 1 Raised median: 1 1 1 F -- Lu Lu 1,1,1,1,1 ry 4,1,2,1,1 Cn Distance 53 ft. ry O 9 z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1 1,1,1,1,1 3,1,1 4,1,2,1,1 1 5 5 9 Page 59 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 4:00 PM To: 5:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y Fn U) 0 Lu 0- U) Lu V CO U) 0 Lu 0- U) Lu V GO w 0 Lu In U) Lu V GO 1 1,1 1,2,1,1 1 1 2 5 1 w Raised median: 0- 2 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1,2,1,1 1,1 1,2,1,1 1,1 5 2 5 2 w Raised median: 0- 2 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes E] No 1,1,1,1,1 Cn 2,1,1, Cn ry 0 6 4 w Raised median: 0- 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes E] No F -- Lu Lu 1,1,1,1,1 1,1,1,2,1 2,1,1, Cn ry 5 6 4 2 Raised median: 1 2 1 F -- Lu Lu 1,2,2,1 ry 1,1,1 Cn ry Distance 53 ft. O z 3 Raised median: 0 Yes ❑ No 0 Lu 0- w Y m 1,1,1,1,1 1,2,2,1 3,1,2, 1,1,1 5 6 6 3 Page 60 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 5:00 PM To: 6:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y Fn U) 0 Lu 0- U) Lu V CO U) 0 Lu 0- U) Lu V GO w 0 Lu In U) Lu V GO 1,2 2,1 1,1 1,3 3 3 2 4 w 1 1 0- 1 1 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1,1,1,1 1,1 2 1 4 2 2 1 w 1 1 0- 1 1 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes E] No 2 1,1,1 Cn 1,3 2 0 2 4 w 1 1 0- 1 1 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes E] No 2 1,1,1 2 1,3 2 3 2 4 1 1 1 0 Yes ❑ No 1 1 1 F -- Lu Lu 1,1,1,2 ry 1,1,1 Cn Distance 53 ft. ry O 3 z Raised median: 1 0 Yes ❑ No 2 0 Lu 0- w Y m 1 1,1,1,2 1 1,1,1 1 5 1 3 1,1 1 2 1 Page 61 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Friday, March 4, 2022 Roadway ID Milepost 9.379 Analysis Period 6:00 PM To: 7:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y Fn U) 0 Lu 0- U) Lu V CO U) 0 Lu 0- U) Lu V GO w 0 Lu In U) Lu V GO 1,2,3 1,1 2,1 1,2,1,1,7 6 2 3 12 w Raised median: 2 0- 2 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No 1,1 1,1 1 3 2 2 1 w Raised median: 2 0- 2 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes E] No 1,2 1,2 Cn 1,1,2 3 0 1 4 w Raised median: 2 0- 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes E] No 1,2 1,2 1 1,1,2 3 3 1 4 z Raised median: 2 1 2 1 F -- Lu Lu 3,1,2 ry Cn Distance 53 ft. ry O z Raised median: 2 0 Yes ❑ No 0 Lu 0- w Y m 1,8,3 3,1,2 1,1,2 12 6 4 2 2 Page 62 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 7:00 AM To: 8:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu In U) Lu V CO 0 Lu 0 - Lu V m 0 In Lu V m 3 3 4 Distance 66 ft. Raised median: 0 Yes ❑ No It 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No 1 1 1,1 2 0 1 2 w 1 2 0- 1 2 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 2 1 Cn 2,1,1,1 2 0 4 5 w 1 2 0- 1 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 2 1 1,1,2 2,1,1,1 2 Distance 53 ft. 4 5 1 2 0 Yes ❑ No 1 2 F -- Lu Lu 1 ry 2,1,1,1 Cn ry Distance 53 ft. O z 5 Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 2 1 2,1,1,1 2 1 5 IR PAP "r, OWN Page 63 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 8:00 AM To: 9:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu In U) Lu V CO 0 In Lu V m 0 In Lu V m 3 3 4 Distance 66 ft. Raised median: 0 Yes ❑ No It 1,2,1 I 1,3,2 Cn 0 Lu o - Distance ft. Cn Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 Cn 1,3,1,1 Cn 0 3 6 w Raised median: 0- 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No F -- Lu Lu 1 2,1 1,3,1,1 Cn 1 3 6 1,1 Raised median: 0 Yes ❑ No 2 F -- Lu Lu 2 ry 1,3,1,1 Cn Distance 53 ft. ry O 6 z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1,1,1 2 2 1,3,1,1 3 2 2 6 Page 64 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 9:00 AM To: 10:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 2 1,1 1,1,2,1 2,1,3,1,1,1 2 2 5 9 w Raised median: 1 0- 2 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1,2 1,1,1,1,1 1,1 1,1,1,1,1 3 5 2 5 w Raised median: 1 0- 2 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 2,1 1 Cn 1,1,1,1 3 0 ry O 4 w Raised median: 1 0- 2 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 2,1 1 ry 1,1,1,1 3 1 ry O 4 2 Raised median: 1 0 Yes ❑ No 2 1 F -- Lu Lu 2 ry 3,1,1 Cn Distance 53 ft. ry O 5 z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1,1 2 3,1,1 2 2 5 Page 65 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 10:00 AM To: 11:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu In U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 4 It Distance 66 ft. Raised median: 0 Yes ❑ No 1,1,1 1,2,1 1 1,2,5,1 3 4 1 9 w 2 0- 2 2 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 3 5 Cn 1 3 0 1 1 w Raised median: 0- 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 3 5 1 1 3 Distance 53 ft. 1 1 2 Raised median: 1 2 1 F -- Lu Lu 5 ry 1,1,1 Cn ry Distance 53 ft. O z 3 Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 2,2,4 5 2,2,2 1,1,1 8 5 6 3 Page 66 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 11:00 AM To: 12:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 1,2 1,2,1 1,5,1 2 3 4 7 2 w 1,2 1 0- 1 3 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1,1 1,1,1 1,5,1 1,1,1 2 3 7 3 w 1,2 1 0- 1 3 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 2,2 6 Cn 1,1 4 0 ry O 2 w 1,2 1 0- 1 3 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 2,2 6 ry 1,1 4 6 ry O 2 1 1,2 1 0 Yes ❑ No 1 3 1 F -- Lu Lu 1 ry 1,1 Cn Distance 53 ft. ry O 2 z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1,1 1 2,1 1,1 2 1 3 2 Page 67 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 12:00 PM To: 1:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 2,1 1 1,2 1 3 1 3 1 w 1 1 0- 2 1 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No 2 1,2 1,5 Cn ry 2 3 6 w 1,1 1,1 0- 2 2 2 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No Cn 1,1 Cn ry 0 O z 2 w 1,1 1,1 0- 2 2 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No F -- Lu Lu ry 1,1 Cn ry Distance 53 ft. O z 2 2 1,1 1,1 0 Yes ❑ No 2 2 2 F -- Lu Lu ry 1,1 Cn ry Distance 53 ft. O z 2 Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y m Page 68 of 568 2 1,1 2 2 Page 68 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 1:00 PM To: 2:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 1 1 1 1 1 1 1 1 w Raised median: 1 0- 1 2 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1 1 2 2 1 1 2 2 w Raised median: 1 0- 1 2 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 Cn 2,1 Cn 0 1 3 w Raised median: 1 0- 1 2 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No F -- Lu Lu 1 1 2,1 Cn 1 1 3 z Raised median: 1 2 1 2 1 2 F -- Lu Lu ry Cn Distance 53 ft. ry O z Raised median: 0 Yes ❑ No 1 2 0 Lu 0 - Lu Y m Page 69 of 568 1 2 1 2 Page 69 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 2:00 PM To: 3:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 1,2 2,1,3 3,1 2,2,1 3 6 4 5 1 1 0- 1 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 2,1,1,1,2 1 3,1 1,3 7 1 4 4 1 1 0- 1 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1 1 Cn 2 2 0 3 2 w 1 0- 1 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1 1 1,2 2 2 Distance 53 ft. 3 2 1 1 0 Yes ❑ No 1 1 F -- Lu Lu 1 ry 1,2,1 Cn Distance 53 ft. ry O 4 z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1,2,1 1 1,2,1 4 1 4 Page 70 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 3:00 PM To: 4:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 2,2 2 5,3 1 4 2 8 1 w 1 0- 1 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No 1,1,1,2 2 1,1,1,2,4, 4 5 2 12 w 1 0- 1 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 4 1,2 Cn 1,2 4 0 ry O 3 w Raised median: 0- 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 4 1,2 ry 1,2 4 3 ry O 3 1 Raised median: 0 Yes ❑ No 1 F -- Lu Lu 1,1 ry 1,1,2,1 Cn Distance 53 ft. ry O 5 z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1,1 1,1 1,1,1 1,1,2,1 2 2 3 5 Page 71 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 4:00 PM To: 5:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 1,1,1,1 1,3,1,1 1 1,1 4 6 1 2 1 Raised median: 1 1 1 It Distance 66 ft. Raised median: 0 Yes ❑ No 1,1,1 1,1,1,1 2,1,1,1 1,1,1,1 3 4 5 4 1 Raised median: 0- 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 2,1 2,1,2 Cn 2,1,1 3 0 1 4 w Raised median: 0- 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 2,1 2,1,2 1 2,1,1 3 5 1 4 1 Raised median: 1 1 1 F -- Lu Lu 1 ry 2,3 Cn ry Distance 53 ft. O z 5 Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1 1 4 2,3 1 1 4 5 Page 72 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 5:00 PM To: 6:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 2,2 2 1,1 1,1 4 2 2 2 w 1 1 0- 2 1 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 2,1 2 1,1,1 2 3 2 3 2 w 1 1 0- 2 1 1 0 Cn 0 Lu o - Distance ft. Cn Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 6 Cn 2,1 1 0 1 3 w 1 1 0- 2 1 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 6 1 2,1 1 6 1 3 1,1 1 1 0 Yes ❑ No 2 1 1 F -- Lu Lu 1,2 ry 1,1,1 Cn ry Distance 53 ft. O z 3 1,1 Raised median: 0 Yes ❑ No 2 0 Lu 0 - Lu Y CO 1,1 1,2 2 1,1,1 2 3 2 3 1,1 2 Page 73 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON—MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Saturday, March 5, 2022 Roadway ID Milepost 9.379 Analysis Period 6:00 PM To: 7:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 2,2,1,4 2 5,1 6 9 2 6 6 w z W 0- Z E Ocean Avenue 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1.1 3,1,2 4,1,1 w 2 6 6 ry O w z W 0- Z E Ocean Avenue 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 0 Lu 0 - Lu Y CO Distance 53 ft. Raised median: 0 Yes ❑ No It 2,2 w Cn w 4 0 U) ry O w z W 0- Z E Ocean Avenue 0 0 0 0 cn w 0' 0 O m MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 0 Lu 0 - Lu Y CO Distance 53 ft. Raised median: 0 Yes ❑ No It 2,2 w �ry w 4 Cn U) ry O m z W Z E Ocean Avenue MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 0 Lu 0 - Lu Y CO Distance 53 ft. Raised median: 0 Yes ❑ No It 2,2 1 1,2 2,1 4 1 3 3 2 2 Page 74 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 7:00 AM To: 8:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu In U) Lu V CO 0 Lu 0 - Lu V CO D Lu In Lu V m 4 Distance 66 ft. Raised median: 0 Yes ❑ No 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No 1 1 2,1 3 1 1 3 w 1 0- 1 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1 1 Cn 1 3 0 ry O 1 w 1 0- 1 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1 1 ry 1 3 Distance 53 ft. ry O 1 1 1 0 Yes ❑ No 1 1 F -- Lu Lu 1 ry 1,2,1,1 Cn Distance 53 ft. ry O 5 z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO IR 1 1,1 1,2,1,1 PAP "r, OWN 1 2 5 IR PAP "r, OWN Page 75 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 8:00 AM To: 9:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 2 2 1 2 2 2 1 2 w 1 1 1 2 1 1 1 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1,1 2 Cn 1,1,1 2 2 3 3 w 1 1 1 2 1 1 1 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 1 Cn 1,1,1 1 0 3 3 w 1 1 0- 2 1 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 1 2,1 1,1,1 1 1 3 3 2 1 1 0 Yes ❑ No 2 1 1 F -- Lu Lu 1 ry 1,1,1 Cn Distance 53 ft. ry O 3 z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO Page 76 of 568 1 1,2,2 1,1,1 1 5 3 Page 76 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 9:00 AM To: 10:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu In U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1 1,1,1 1,1 1,1,1 1 0 2 3 w 1 0- 1 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1 Cn 1,1,1 Cn 0 3 3 w 1 0- 1 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No F -- Lu Lu 1,1,1 1,1,1 1,1,1 Cn 3 3 3 1 1 1,1 1 1 2 F -- Lu Lu 1,1,1,1 ry 2,1,2,1,1 Cn Distance 53 ft. ry O 7 z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1,2,1,1 1,1,1,1 1,1,2,2,1,1 2,1,2,1,1 5 4 12 7 Page 77 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 10:00 AM To: 11:00 AM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu In U) Lu V CO 0 Lu In Lu V m 0 Lu In Lu V m 1 It Distance 66 ft. Raised median: 0 Yes ❑ No It Cn 0 Lu Distance ft. Cn Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,2 3 Cn 1,1,1,2,4 3 0 ry O 9 w 3 1,1 0- 2 3 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,2 3 ry 1,1,1,2,4 3 3 ry O 9 2 3 1,1 0 Yes ❑ No 2 3 2 F -- Lu Lu 111,2,2 ry 1,1,1,2,4 Cn Distance 53 ft. ry O 9 z Raised median: 0 Yes ❑ No 1 0 Lu 0 - Lu Y CO 1,1 111,2,2 1 1,1,1,2,4 2 6 1 9 1 1 Page 78 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 11:00 AM To: 12:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V m 0 In Lu V m 1,2,1 3 4 3 4 Distance 66 ft. Raised median: 0 Yes ❑ No It 1 2,1,1 1 4 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1 1,1,1 Cn 2,1 3 0 ry O 3 w 1 2 0- 1 1 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1 1,1,1 ry 2,1 3 3 ry O 3 1 1 2 1 1 1 2 1 F -- Lu Lu 1,1,2 ry 1,1,1,1,1,2, Cn Distance 53 ft. ry O 8 z Raised median: 0 Yes ❑ No 2 0 Lu 0 - Lu Y CO 1,1,1,2,2 1,1,2 1,1,1,1 1,1,1,1,1,2, 7 4 4 8 2 2 Page 79 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 12:00 PM To: 1:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V m 0 In Lu V m 4 Distance 66 ft. Raised median: 0 Yes ❑ No It 1 2,1,3,1 1 7 Cn 0 Lu o - Distance ft. Cn Lu Raised median: Fn m ❑ Yes ❑✓ No 1 Cn 1,1 Cn 1 8 2 w Raised median: 2,1,1 0- 3 4 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No It 1 2,1,3,1 1 7 Cn 0 Lu o - Distance ft. Cn Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 Cn 1 Cn 0 8 1 w Raised median: 2,1,1 0- 3 4 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No F -- Lu Lu 1 1,1,2,2,2 1 Cn 1 8 1 2,1 Raised median: 2,1,1 1 3 4 1 F -- Lu Lu 1,1 ry 1,1,1 Cn Distance 53 ft. ry O 3 z Raised median: 0 Yes ❑ No 2 0 Lu 0 - Lu Y CO 1 1,1 1,2 1,1,1 1 2 3 3 1,1 2 Page 80 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 1:00 PM To: 2:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 2,2 1,1,1 1,1,2 1,3 4 0 4 4 w 2 0- 2 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 2,2 1,1,1 1,1,2 1,1 4 0 4 2 w 2 0- 2 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1 Cn 1,1,4 Cn ry 0 1 6 w 2 0- 2 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No F -- Lu Lu 1,1,1 1 1,1,4 Cn ry Distance 53 ft. 1 6 2 0 Yes ❑ No 2 F -- Lu Lu 1,1,1 ry 1,1,1 Cn ry Distance 53 ft. O z 3 Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 2 1,1,1 1 1,1,1 2 3 1 3 Page 81 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 2:00 PM To: 3:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1 1 1,3 2,2,2,2 1 1 4 8 w Raised median: 0- 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1 2,1 1,1,1 2,1,1,2 1 3 3 6 w Raised median: 0- 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 1,2,3 Cn 2 1 0 ry O 2 w Raised median: 0- 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 1,2,3 ry 2 1 6 ry O 2 z Raised median: 1 1 1 F -- Lu Lu 1,2 ry 1,1 Cn Distance 53 ft. ry O 2 z Raised median: 0 Yes ❑ No 1 0 Lu 0 - Lu Y CO 2,1,1,1 1,2 1,1 5 3 2 1 1 Page 82 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 3:00 PM To: 4:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 1,1,1,3 1,1,1,2,3 2,2,1 1,1 6 8 5 2 w 1 1 0- 2 1 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 1,1 1,1,1,2,3 1,1,1,1,1 3 2 8 5 6 w 1 1 0- 2 1 1 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 2 Cn 3 1 0 6 3 w 1 1 0- 2 1 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 2 1,1,1,2 ,1 3 1 2 6 3 2 1 1 0 Yes ❑ No 2 1 1 F -- Lu Lu 1,1,1,1 ry 1,1,3,1,1,1 Cn ry Distance 53 ft. O z 8 Raised median: 2 0 Yes ❑ No 1 0 Lu 0 - Lu Y CO 2,1, 1,1,1,1 3,1,3,1, 1,1,3,1,1,1 3 4 8 8 1 2 1 2 Page 83 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON—MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 4:00 PM To: 5:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 4 Distance 66 ft. Raised median: 0 Yes ❑ No 2,2,2,1,1 1 1,2,1,1,2 2 8 1 7 2 w Raised median: 0- 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 2,2,2,1,1 1,1,1,1 1,1 7 8 4 2 7 w Raised median: 0- 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1,1 2,2,1 Cn 1,4,1,1, 4 0 2 7 w Raised median: 0- 0 0 0 0 cn w 0' 0 O m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1,1,1,1 2,2,1 2 1,4,1,1, 4 5 2 7 Raised median: 0 Yes ❑ No F -- Lu Lu 1,1,3, ry 1,2,2,3,1 Cn ry Distance 53 ft. O z 9 Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 3,2,1 1,1,3, 1 1,2,2,3,1 6 5 1 9 Page 84 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 5:00 PM To: 6:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V CO 0 Lu In Lu V m 1 1,1 2,1,1 1,1,1,1,1,2 1 2 4 7 1 Raised median: 0- 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No 2,5,1 1,2 Cn 1,1,2,2, 8 3 10 6 w Raised median: 0- 0 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 1 Cn 4 0 10 10 w Raised median: 0- 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No F -- Lu Lu 1 ry 4 3 10 10 Raised median: 2 2 F -- Lu Lu 1 ry Cn ry Distance 53 ft. O z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1,1 1 2,1,4,1 2 1 8 Page 85 of 568 State of Florida Department of Transportation Form 750-020-09 TRAFFIC ENGINEERING NON -MOTORIZED VOLUME SHEET September 2020 Major Street E Ocean Avenue Agency / Company McMahon Roadway ID 93200000 Milepost Analyst/Observer Minor Street NE 6 Street Date Performed Sunday, March 6, 2022 Roadway ID Milepost 9.379 Analysis Period 6:00 PM To: 7:00 PM City Boynton Beach Weather County Palm Beach Remarks: Intersection Control Type: N/A U) 0 Lu 0- U) Lu Y GO U) 0 Lu 0- U) Lu V CO 0 Lu 0 - Lu V m 0 Lu In Lu V m 2,2 2,2,1,1,1,1 3 1,1 4 8 3 2 w 1 1 0- 1 1 1 0 4 Distance 66 ft. Raised median: 0 Yes ❑ No It 1,1,1 4,1 3 5 0 Lu o - Distance ft. Lu Raised median: Fn m ❑ Yes ❑✓ No C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 2,1,1 5,2,1,1,2,1 Cn 2 4 0 8 2 w 1 1 0- 1 1 1 0 0 00 cn w 0" 0 ❑. m C0 m W z E Ocean Avenue I MAJOR STREET Distance ft. yRaised median: ❑ Yes ❑✓ No 2,1,1 5,2,1,1,2,1 1,1,2,1,2,1 2 4 16 8 2 1 1 1 0 Yes ❑ No 1 1 1 F -- Lu Lu 2 ry 1,2 Cn Distance 53 ft. ry O 3 z Raised median: 0 Yes ❑ No 0 Lu 0 - Lu Y CO 1,1 2 2,1 1,2 2 2 3 3 Page 86 of 568 ATTACHMENT C SPOT SPEED STUDY Page 87 of 568 Traffic Operations Continuing Services n n "fro it- n r„�„ i .. Si i IF' a I it n B e a c Ih C o u in „ , IF II....... SPOT SPEED STUDY I=- 10 r, i TOM-. - - MM FIAM01 prepared for FDOT District 4 229944-5-32-01 C -9W04 137 Alyssa Klein R. Trent Ebersole, P.E. IREN T �r�F,,,�� E o® 64318 AI �,\6e rs o I e, P.E. Professional Engineering License No. 64318 State of Florida, Board of Professional Engineers Certificate of Authorization No. 4908 Fri-MOTM q I Page 89 of 568 McMahon Associates, Inc. TRANSPORTATVON EI GI EI=RS & PLANNERS McMahon Assodafes, Ilnc. 2090 IPdm Beach Lakes BouIlevard, Suife 400 West Pdim Beach, IFI._ 33409 P. 561.8 40.8650 mcimahonassociafes.coim TECHNICAL MEMORANDUM Date: March 16, 2022 Client: Florida Department of Transportation — District 4 Project: E Ocean Avenue from NE 6 Court to NE 6 Street — Spot Speed Study County: Palm Beach County Roadway ID No.: 93200000 SLDMP: 9.324 to 9.379 Contract No.: C9W04 Payment FM No.: 229944-5-32-01 Task Work Order No.: 137 McMahon Project No.: L17149.D7 McMahon Associates, Inc. (McMahon) used automatic traffic recorder (ATR) machines to collect eastbound and westbound 72 -hour vehicle speeds at one (1) location along E Ocean Avenue from NE 6 Court to NE 6 Street (study segment), in Palm Beach County. Appendix A provides an aerial photograph showing the data collection location. This section of E Ocean Avenue is generally a two-lane, two-way road. The posted speed limit is 30 miles per hour (MPH) for both the sections. The area is surrounded by retail, residential, and restaurant land uses. The data was collected from Friday, March 4, 2022 to Sunday, March 6, 2022 for the segment, and is included as Appendix B. Table 1 summarizes the date, posted speed limit, 85th percentile speed, average speed, and 10 MPH pace for each direction. The 85th percentile speed for the eastbound direction ranges between 36 and 37 MPH and ranges between 33 and 34 MPH for the westbound direction. The average speeds for the 72 -hours of collected data are graphically shown on Figure A-1, attached in Appendix A. Engineering I Planning I (Design 11fechnology lfransportahon Solutions Building Better C;orrmurities Page 90 of 568 Appendix A Spot Speed Location lml')I�-)olI(Hhoil Sold holls ImHrfling I'�?k(.'Hol C'.oIn'll'I'mifflk") uiin uiin a IIii o in a PatPcq4, w 668 Figure A-1 Data Collection Locations and Summary II: Ocean Avenue from ILII: 6 Court to ILII: 6 Street -- Spot Speed Study Palm Beach County, Florida Page 92 of 568 McMahon Associates, Inc. Appendix B lml')I�-)olI(Hholl SoIuholls ImHrfling I'�?k(.'Hol C'.oIn'll'I'mifflk") iii,nciii,naIIS oiiiiapgtpca3w668 SPEED SR 804/E Ocean Ave E/O NE 6th Ct Day: Friday Date: 3/4/2022 East Bound City: Boynton Beach Project#: FL22_140105_001e AM Volumes 38 115 181 424 839 595 122 12 3 0 0 0 0 p I I 111 « p i 2% 3% Imam 14% 10% 00:00 AM 1 0 1 4 6 4 1 0 0 0 0 0 0 17 01:00 0 0 2 1 3 0 2 0 2 0 0 0 0 10 02:00 0 0 0 0 0 1 0 0 0 0 0 0 0 1 03:00 0 0 2 1 0 1 0 0 0 0 0 0 0 4 04:00 0 0 2 2 1 1 1 0 0 0 0 0 0 7 05:00 0 0 2 5 3 8 5 0 0 0 0 0 0 23 06:00 1 4 7 22 53 50 14 3 1 0 0 0 0 155 07:00 0 2 10 33 95 98 24 0 0 0 0 0 0 262 08:00 0 17 19 68 180 143 33 4 0 0 0 0 0 464 09:00 6 25 34 88 180 111 20 4 0 0 0 0 0 468 10:00 29 50 60 84 118 59 6 0 0 0 0 0 0 406 11:00 1 17 42 116 200 119 16 1 0 0 0 0 0 512 12:00 PM 6 24 78 115 158 77 13 0 1 0 0 0 0 472 13:00 17 50 61 141 124 55 12 1 0 0 0 0 0 461 14:00 8 24 52 105 142 70 17 2 0 0 0 0 0 420 15:00 29 28 44 118 156 46 12 2 2 0 0 0 0 437 16:00 5 25 63 127 129 36 4 1 0 0 0 0 0 390 17:00 2 26 49 99 117 73 11 2 0 0 0 0 0 379 18:00 3 27 39 98 101 31 4 0 1 0 0 0 0 304 19:00 3 25 49 71 46 22 3 0 0 0 0 0 0 219 20:00 9 19 36 41 44 11 5 0 0 0 0 0 0 165 21:00 3 12 19 43 50 19 4 0 0 0 0 0 0 150 22:00 1 1 17 33 29 21 2 0 0 0 0 0 0 104 23:00 1 2 5 13 23 10 4 0 0 0 0 0 0 58 lnMl �II iluuZii `uhmu°u�01u16 i124Z X18/ °N� %of Totals 6/ 12% 33/ / 0% % 100% AM Volumes 38 115 181 424 839 595 122 12 3 0 0 0 0 2329 %AM 1% 2% 3% 7% 14% 10% 2% 0% 0% 6191 % of Vehicles >= 25 MPH East Bound 25-34 3386 40% AM Peak Hour 1000 1000 1000 1100 1100 0800 0800 0800 0100 1100 Volume 29 50 60 116 200 143 33 4 2 512 PM Volumes 87 263 512 1004 1119 471 91 8 4 0 0 0 0 3559 % PM 1% 4% 9% 17% 19% 8% 2% 0% 0% 60% PM Peak Hour 1500 1300 1200 1300 1200 1200 1400 1400 1500 1200 Volume 291 78 141 158 77 17 2 2 472 Directional Peak PeriodsAM 7-9 NOON 12-2 PM 4-6 Off Peak Volumes All Speeds Volume % Volume % 1 Volume % 1 Volume 726 12% 933 16% 769 13% 3460 59% Page 94 of 568 ur -v W 15th 50th Average 85th 95th ADT East Bound 23 31 30 37 40 5888 West Bound 21 10 -ph Pace 27 # in Pace 27 % in Pace 33 37 Number of Vehicles >= 25 MPH 6191 % of Vehicles >= 25 MPH East Bound 25-34 3386 57.51% 4692 79.69% West Bound 1 20- 29 1 3727 1 60.20% 1 4057 65.53% Page 94 of 568 SPEED SR 804/E Ocean Ave E/O NE 6th Ct Day: Friday Date: 3/4/2022 West Bound City: Boynton Beach Project#: FL22_140105_001w AM Volumes 25 66 239 558 500 195 31 3 0 0 0 0 0 1617 %AM 0% 1% 4% 9% 8% 3% 00:00 AM 0 0 4 13 7 5 0 0 0 0 0 0 0 29 01:00 0 0 3 6 4 4 1 0 0 0 0 0 0 18 02:00 0 0 1 2 2 0 1 0 0 0 0 0 0 6 03:00 1 0 0 2 4 0 0 0 0 0 0 0 0 7 04:00 0 1 1 1 2 0 2 0 0 0 0 0 0 7 05:00 0 2 0 4 4 3 0 0 0 0 0 0 0 13 06:00 0 1 9 21 24 13 5 0 0 0 0 0 0 73 07:00 0 4 9 36 63 36 9 1 0 0 0 0 0 158 08:00 0 6 22 68 97 41 7 0 0 0 0 0 0 241 09:00 0 6 34 89 104 31 2 1 0 0 0 0 0 267 10:00 21 22 84 144 76 19 0 1 0 0 0 0 0 367 11:00 3 24 72 172 113 43 4 0 0 0 0 0 0 431 12:00 PM 7 26 117 156 99 23 7 1 0 0 0 0 0 436 13:00 16 58 137 192 94 16 1 0 0 0 0 0 0 514 14:00 1 21 145 196 149 32 2 0 0 0 0 0 0 546 15:00 39 74 181 172 90 18 5 0 0 0 0 0 0 579 16:00 30 60 171 257 92 21 2 0 0 0 0 0 0 633 17:00 7 45 149 183 103 22 5 0 0 0 0 0 0 514 18:00 2 38 112 153 84 18 4 0 0 0 0 0 0 411 19:00 3 23 76 102 45 10 1 0 0 0 0 0 0 260 20:00 4 24 70 61 46 8 1 0 0 0 0 0 0 214 21:00 2 18 58 76 43 4 1 0 0 0 0 0 0 202 22:00 1 10 41 60 35 8 0 1 0 0 0 0 0 156 23:00 1 7 30 35 26 8 2 0 0 0 0 0 0 109 miu�u'ifii %of Totals i�uoM'Au"u ufiu' ° 6 , ° `uod6 ol6m AM Volumes 25 66 239 558 500 195 31 3 0 0 0 0 0 1617 %AM 0% 1% 4% 9% 8% 3% 1% 0% 79.69% West Bound 1 20- 29 1 3727 1 60.20% 4057 26% AM Peak Hour 1000 1100 1000 1100 1100 1100 0700 0700 1100 Volume 21 24 84 172 113 43 9 1 431 PM Volumes 113 404 1287 1643 906 188 31 2 0 0 0 0 0 4574 % PM 2% 7% 21% 27% 15% 3% 1% 0% 74% PM Peak Hour 1500 1500 15:00 1600 14:00 14:00 1200 1200 1600 Volume 39 74 181 257 149 32 1 7 1 633 Directional Peak Periods AM 7-9 NOON 12-2 PM 4-6 Off Peak Volumes All Speeds Volume % Volume % Volume% 1 Volume % 399 6% 950 15% 1147 19% 3695 60% Page 95 of 568 ur -v W 15th 50th Average 85th 95th ADT East Bound 23 31 30 37 105888 West Bound 21 III 1111,111111111111 � 1�1 10mph Pace 27 # in Pace 27 % in Pace 33 37 Number of Vehicles >= 25 MPH 6191 % of Vehicles >= 25 MPH East Bound 25-34 3386 57.51% 4692 79.69% West Bound 1 20- 29 1 3727 1 60.20% 4057 65.53% Page 95 of 568 SPEED SR 804/E Ocean Ave E/O NE 6th Ct Day: Saturday Date: 3/5/2022 East Bound City: Boynton Beach Project#: FL22_140105_001e AM Volumes 48 160 196 423 669 390 89 11 7 0 0 0 0 1993 %AM 1% 3% 4% 11 Imam 12% 7% 00:00 AM 2 0 2 11 8 13 1 2 0 0 0 0 0 39 01:00 0 2 0 6 5 3 3 0 0 0 0 0 0 19 02:00 1 0 0 3 5 1 1 0 0 0 0 0 0 11 03:00 0 0 0 2 1 0 0 0 0 0 0 0 0 3 04:00 1 0 2 2 3 1 2 0 0 0 0 0 0 11 05:00 0 0 0 5 10 8 1 0 1 0 0 0 0 25 06:00 1 10 9 16 54 56 20 3 3 0 0 0 0 172 07:00 3 8 16 35 81 49 13 1 1 0 0 0 0 207 08:00 4 28 17 59 136 67 7 1 0 0 0 0 0 319 09:00 9 42 43 66 117 85 21 2 0 0 0 0 0 385 10:00 16 38 48 96 107 52 11 1 1 0 0 0 0 370 11:00 11 32 59 122 142 55 9 1 1 0 0 0 0 432 12:00 PM 4 33 62 136 120 75 18 2 2 0 0 0 0 452 13:00 16 43 77 127 113 55 8 5 1 0 0 0 0 445 14:00 13 32 49 116 161 79 12 0 0 0 0 0 0 462 15:00 17 32 67 100 141 62 10 2 1 0 0 0 0 432 16:00 2 19 41 95 144 88 10 2 0 0 0 0 0 401 17:00 6 26 54 135 124 46 8 0 1 0 0 0 0 400 18:00 11 24 36 73 80 49 8 0 1 0 0 0 0 282 19:00 5 17 46 69 70 35 2 1 0 0 0 0 0 245 20:00 2 12 17 58 49 17 5 2 1 0 0 0 0 163 21:00 0 3 15 48 43 21 3 1 0 0 0 0 0 134 22:00 0 3 15 25 32 10 2 2 0 0 0 0 0 89 23:00 0 2 8 15 18 9 5 0 0 0 0 0 0 57 lnMl d6 iluu2% mC 1i 6 u � d6mi il32% Wu M'�VI %of Totals 7/ 12% 26/ 17% 3% 1% 0% 100% AM Volumes 48 160 196 423 669 390 89 11 7 0 0 0 0 1993 %AM 1% 3% 4% 8% 12% 7% 2% 0% 0% 5780 % of Vehicles >= 25 MPH East Bound 25-34 3184 36% AM Peak Hour 1000 0900 1100 1100 1100 0900 0900 0600 0600 1100 Volume 16 42 59 122 142 85 21 3 3 432 PM Volumes 76 246 487 997 1095 546 91 17 7 0 0 0 0 3562 % PM 1% 4% 9% 18% 20% 10% 2% 0% 0% 64% PM Peak Hour 1500 1300 1300 1200 1400 1600 1200 1300 1200 1400 Volume 171 77 136 161 88 18 5 2 462 Directional Peak PeriodsAM 7-9 NOON 12-2 PM 4-6 Off Peak Volumes All Speeds Volume % Volume% Volume % Volume 526 9% 897 16% 801 14% 3331 60% Page 96 of 568 ur -v W 15th 50th Average 85th 95th ADT East Bound 22 30 30 37 40 5555 West Bound 21 10 -ph Pace 27 # in Pace 27 % in Pace 34 37 Number of Vehicles >= 25 MPH 5780 % of Vehicles >= 25 MPH East Bound 25-34 3184 57.32% 4342 78.16% West Bound 1 20- 29 1 3477 1 60.16% 1 3877 67.08% Page 96 of 568 SPEED SR 804/E Ocean Ave E/O NE 6th Ct Day: Saturday Date: 3/5/2022 West Bound City: Boynton Beach Project#: FL22_140105_001w AM Volumes 6 66 259 550 439 164 28 4 0 0 0 0 0 1516 %AM 0% 1% 4% 10% 8% 3% 00:00 AM 0 4 4 18 22 6 2 0 0 0 0 0 0 56 01:00 1 0 5 9 6 5 0 0 0 0 0 0 0 26 02:00 0 0 1 6 7 2 2 0 0 0 0 0 0 18 03:00 0 0 0 3 3 1 1 0 0 0 0 0 0 8 04:00 0 1 1 3 0 0 0 0 0 0 0 0 0 5 05:00 0 0 0 4 1 4 0 0 0 0 0 0 0 9 06:00 0 1 5 20 22 17 2 1 0 0 0 0 0 68 07:00 0 1 14 28 55 41 3 0 0 0 0 0 0 142 08:00 2 7 31 80 60 16 4 0 0 0 0 0 0 200 09:00 1 18 61 110 76 25 7 2 0 0 0 0 0 300 10:00 1 18 70 119 74 19 2 1 0 0 0 0 0 304 11:00 1 16 67 150 113 28 5 0 0 0 0 0 0 380 12:00 PM 17 41 87 159 123 46 5 0 0 0 0 0 0 478 13:00 13 48 124 157 88 20 4 0 0 0 0 0 0 454 14:00 9 40 114 197 143 34 2 0 0 0 0 0 0 539 15:00 19 64 133 194 77 22 5 0 1 0 0 0 0 515 16:00 6 23 109 193 118 42 3 0 0 0 0 0 0 494 17:00 3 58 193 189 82 13 3 0 0 0 0 0 0 541 18:00 1 33 110 133 57 17 3 0 0 0 0 0 0 354 19:00 3 18 89 95 439 2 0 0 0 0 0 0 259 20:00 2 28 76 81 46 17 1 0 1 0 0 0 0 252 21:00 2 14 35 68 33 6 5 0 0 0 0 0 0 163 22:00 0 5 30 51 34 10 2 0 0 0 0 0 0 132 23:00 0 5 20 31 19 6 2 0 0 0 0 0 0 83 miu�u'ifii ufiuufiui��l 6 '6u�u i�uoM'�Pm ufiuV°�fii ol60�� ui °u %of Totals 1" AM Volumes 6 66 259 550 439 164 28 4 0 0 0 0 0 1516 %AM 0% 1% 4% 10% 8% 3% 0% 0% 78.16% West Bound 1 20- 29 1 3477 1 60.16% 3877 26% AM Peak Hour 0800 0900 1000 1100 1100 0700 0900 0900 1100 Volume 2 18 70 150 113 41 7 2 380 PM Volumes 75 377 1120 1548 863 242 37 0 2 0 0 0 0 4264 % PM 1% 7% 19% 27% 15% 4% 1% 0% 74% PM Peak Hour 1500 1500 17:00 14:00 14:00 15:00 1700 Volume 1964 193 197 143 1Directional Peak Periods AM 7-9 L11012,00 2PM 4-6 Off Peak Volumes All Speeds Volume % Vol% Volume % Volume342 6% 9316% 1035 18% 3471 60% Page 97 of 568 ur -v W 15th 50th Average 85th 95th ADT East Bound 22 30 30 37 105555 West Bound 21 III 1111,111111111111 � 1�1 10mph Pace 27 # in Pace 27 % in Pace 34 37 Number of Vehicles >= 25 MPH 5780 % of Vehicles >= 25 MPH East Bound 25-34 3184 57.32% 4342 78.16% West Bound 1 20- 29 1 3477 1 60.16% 3877 67.08% Page 97 of 568 SPEED SR 804/E Ocean Ave E/O NE 6th Ct Day: Sunday Date: 3/6/2022 East Bound City: Boynton Beach Project#: FL22_140105_001e AM Volumes 26 89 151 330 667 430 104 14 8 0 0 0 0 1819 %AM 0% 2% 3% 11 Imam 12% 8% 00:00 AM 0 0 1 5 8 5 1 1 2 0 0 0 0 23 01:00 0 0 0 2 3 3 0 0 0 0 0 0 0 8 02:00 0 1 0 1 10 1 2 0 1 0 0 0 0 16 03:00 0 0 1 2 0 1 0 0 0 0 0 0 0 4 04:00 0 0 1 0 2 2 1 0 0 0 0 0 0 6 05:00 0 1 2 11 5 3 4 1 0 0 0 0 0 27 06:00 0 0 2 19 50 53 15 2 0 0 0 0 0 141 07:00 1 3 5 19 50 43 10 2 0 0 0 0 0 133 08:00 1 16 18 31 111 74 20 0 0 0 0 0 0 271 09:00 0 8 16 47 118 104 13 5 2 0 0 0 0 313 10:00 14 30 37 73 144 73 26 2 3 0 0 0 0 402 11:00 10 30 68 120 166 68 12 1 0 0 0 0 0 475 12:00 PM 21 26 68 147 167 65 11 1 0 0 0 0 0 506 13:00 12 38 79 160 151 57 10 0 1 0 0 0 0 508 14:00 18 80 162 142 83 30 4 0 0 0 0 0 0 519 15:00 20 51 128 181 148 45 6 1 0 0 0 0 0 580 16:00 16 39 82 134 139 28 3 4 0 0 0 0 0 445 17:00 4 14 49 136 133 48 6 3 1 0 0 0 0 394 18:00 5 20 51 94 83 29 7 2 1 0 0 0 0 292 19:00 1 28 29 48 55 6 2 2 1 0 0 0 0 172 20:00 3 11 15 45 24 16 6 0 0 0 0 0 0 120 21:00 1 3 7 30 31 12 3 0 0 0 0 0 0 87 22:00 2 2 7 16 16 13 3 0 0 0 0 0 0 59 23:00 1 0 3 9 14 6 1 1 1 0 0 0 0 36 lnMll d6 iluoM't° uit° 1i 6.. `ul� n. il31% %of Totals 2% 75 15% 27/ 14% 3% 1% 0% 100% AM Volumes 26 89 151 330 667 430 104 14 8 0 0 0 0 1819 %AM 0% 2% 3% 6% 12% 8% 2% 0% 0% 5857 % of Vehicles >= 25 MPH East Bound 25 - 34 3183 33% AM Peak Hour 1000 1000 1100 1100 1100 0900 1000 0900 1000 1100 Volume 14 30 68 120 166 104 26 5 3 475 PM Volumes 104 312 680 1142 1044 355 62 14 5 0 0 0 0 3718 % PM 2% 6% 12% 21% 19% 6% 1% 0% 0% 67% PM Peak Hour 1200 1400 14:00 15:00 12:00 12:00 1200 1600 13:00 1500 Volume 21 80 162 181 167 65 11 4 1 580 Directional Peak Periods AM 7-9 NOON 12-2 PM 4-6 Off Peak Volumes All Speeds Volume % Volume% Volume % Volume % 404 7% 1014 18% 839 15% 3280 59% Page 98 of 568 ur -v W 15th 50th Average 85th 95th ADT East Bound 22 30 29 36 40 5537 West Bound 21 10 -ph Pace 27 # in Pace 27 % in Pace 33 37 Number of Vehicles >= 25 MPH 5857 % of Vehicles >= 25 MPH East Bound 25 - 34 3183 57.49% 4175 75.40% West Bound 20- 29 3566 60.88% 3964 67.68% Page 98 of 568 SPEED SR 804/E Ocean Ave E/O NE 6th Ct Day: Sunday Date: 3/6/2022 West Bound City: Boynton Beach Project#: FL22_140105_001w AM Volumes 30 45 204 517 456 161 25 1 0 0 0 0 0 1439 %AM 1% 1% 3% 9% 8% 3% 00:00 AM 2 2 6 22 23 4 0 0 0 0 0 0 0 59 01:00 0 0 8 18 8 5 2 0 0 0 0 0 0 41 02:00 0 1 4 8 9 7 0 0 0 0 0 0 0 29 03:00 0 0 1 1 1 0 1 0 0 0 0 0 0 4 04:00 0 1 0 2 3 0 0 0 0 0 0 0 0 6 05:00 1 0 1 1 2 3 0 0 0 0 0 0 0 8 06:00 1 2 2 15 20 14 4 0 0 0 0 0 0 58 07:00 0 1 13 48 41 23 2 0 0 0 0 0 0 128 08:00 1 2 21 60 59 23 5 1 0 0 0 0 0 172 09:00 2 2 31 86 89 25 6 0 0 0 0 0 0 241 10:00 13 14 47 95 90 27 2 0 0 0 0 0 0 288 11:00 10 20 70 161 111 30 3 0 0 0 0 0 0 405 12:00 PM 8 15 95 187 119 28 1 0 0 0 0 0 0 453 13:00 15 32 117 198 128 24 4 0 0 0 0 0 0 518 14:00 21 57 152 192 106 15 2 1 0 0 0 0 0 546 15:00 31 71 170 215 86 17 2 0 0 0 0 0 0 592 16:00 38 54 142 175 118 17 4 0 0 0 0 0 0 548 17:00 2 20 109 214 123 23 7 0 0 0 0 0 0 498 18:00 5 27 153 202 90 20 0 0 0 0 0 0 0 497 19:00 3 30 96 106 41 8 1 0 0 0 0 0 0 285 20:00 0 13 53 81 28 11 2 0 0 0 0 0 0 188 21:00 0 7 31 64 29 9 3 1 0 0 0 0 0 144 22:00 1 6 26 39 19 4 2 0 0 0 0 0 0 97 23:00 1 3 10 18 12 6 2 0 0 0 0 0 0 52 %of Totals il3/ 6/ 23/ uiu3 i$ il°23/ 6% AM Volumes 30 45 204 517 456 161 25 1 0 0 0 0 0 1439 %AM 1% 1% 3% 9% 8% 3% 0% 0% 75.40% West Bound 1 20- 29 1 3566 1 60.88% 3964 25% AM Peak Hour 1000 1100 1100 1100 1100 1100 0900 0800 1100 Volume 13 20 70 161 111 30 6 1 405 PM Volumes 125 335 1154 1691 899 182 30 2 0 0 0 0 0 4418 % PM 2% 6% 20% 29% 15% 3% 1% 0% 75% PM Peak Hour 1600 1500 15:00 1500 13:00 12:00 1700 1400 1500 Volume 38 71 170 215 128 28 1 7 1 592 Directional Peak Periods AM 7-9 NOON 12-2 PM 4-6 Off Peak Volumes All Speeds Volume % Volume % Volume % 1 Volume % 300 5% 971 17% 1046 18% 3540 60% Page 99 of 568 ur -v W 15th 50th Average 85th 95th ADT East Bound 22 30 29 36 105537 West Bound 21 11111 1111,111111111111 � 1�1 10mph Pace 27 # in Pace 27 % in Pace 33 37 Number of Vehicles >= 25 MPH 5857 % of Vehicles >= 25 MPH East Bound 25-34 3183 57.49% 4175 75.40% West Bound 1 20- 29 1 3566 1 60.88% 3964 67.68% Page 99 of 568 Zn Consent Agenda 1/3/2023 Requested Action by Commission: Proposed Resolution No. R23-002 - Approve and authorize the City Manager to sign Grant Agreement with the Florida Inland Navigation District and all subsequent amendments and documents for the Boynton Beach Fire and Police Dock and Lift Phase 1. Explanation of Request: The Florida Inland Navigation District (FIND) awarded the City of Boynton Beach a $125,000 grant, with a 50% required match from the City ($125,000) for a project total of $250,000. The first phase of the project is for $100,000 to complete the design, engineering, architectural and permitting. The grant agreement is for 50% of this first phase, in the amount of $50,000. The Boynton Beach Fire and Police Dock and Lift project as part of its Boating Safety Initiative, covers the cost of installing a private dock and lift for the Police Department's Patrol boat and the Fire Department's Fire Rescue Vessel. Located at Oyer Park, this dock provides both Police and Fire Rescue with quick access to the State and Federally funded Intracoastal Waterways and the Boynton Inlet, one of the most dangerous inlets in the State, and will significantly reduce emergency response times. Additionally, the lifts will protect the fire rescue and patrol boats from saltwater corrosion, keeping the maintenance costs low, and mitigate the risk of water damage caused by sea level rise. How will this affect city programs or services? Police and Fire departments will be able to significantly reduce emergency response time to meet the needs of a steadily increasing call volume on the waterways, ocean inlet and increasing population. This new public safety dock/lift will enhance the departments' capacity to assist neighboring jurisdictions to foster and strengthen interoperability to promote the health and safety of all. Fiscal Impact: Currently, the Police Department leases a dock and lift at an annual cost of $36,000. This project would eliminate these costs. Alternatives: Not approve this grant Strategic Plan: High Performing Organization, Public Health and Safety Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Page 100 of 568 Grant Amount: 50,000 Attachments: Type D IRE)S()l� LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t Description IRE)SOkAboin approviing Agir'E)E)irTIE)l['It with II:::II INID for FlhaSE) 1 of ChE) IF:::irEs aind FID IDock aind Illift ('34'aintAgir'E�IENrTIENI'lt Page 101 of 568 1 RESOLUTION NO. R23 -002 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 GRANT AGREEMENT WITH THE FLORIDA INLAND NAVIGATION 6 DISTRICT AND ALL SUBSEQUENT AMENDMENTS AND DOCUMENTS 7 FOR THE BOYNTON BEACH FIRE AND POLICE DOCK AND LIFT PHASE 1; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the Florida Inland Navigation District (FIND) awarded the City of 12 Boynton Beach a $250,000 grant, with a 50% matching share; and 13 WHEREAS, the first phase of the project is for $100,000 to complete the design, 14 engineering, architectural and permitting and the grant agreement is for 50% of this first 15 phase, in the amount of $50,000.00; and 16 WHEREAS, the dock, which is located at Oyer Park, provides both Police and Fire 17 Rescue with quick access to the State and Federally -funded Intracoastal Waterways and 18 the Boynton Inlet, one of the most dangerous inlets in the State, and will significantly 19 reduce emergency response times; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to 22 approve and authorize the City Manager to sign a Grant Agreement with the Florida Inland 23 Navigation District and all subsequent amendments and documents for the Boynton 24 Beach Fire and Police Dock and Lift Phase 1. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 26 OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon 29 adoption hereof. 30 Section 2. The City Commission approves and authorizes the City Manager to 31 sign a Grant Agreement with the Florida Inland Navigation District and all subsequent 32 amendments and documents for the Boynton Beach Fire and Police Dock and Lift Phase 33 1, a copy of the Agreement is attached hereto and incorporated herein as Exhibit "A". S:ACA\RESO\Agreements\Grants\Agreement With FIND For Fire And PD Boat Dock And Lift - Reso.Docx Page 102 of 568 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 61 62 63 64 65 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 3rd day of January, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\Agreement With FIND For Fire And PD Boat Dock And Lift - Reso.Docx NO Page 103 of 568 FLORIDA INLAND NAVIGATION DISTRIC7 PROJEt , "T AGREEMENT' PROJECTNO. PB17-BB-22-2211 This PROJEIC I AGR,.1.-1'hMENT (-A(3REEMF1'NT")rnade and entered into this day of' 20 by and between the Florida Intand Navigation District (hereinafter the "DISTRICT"), and the Cir,of' Bo.,,,nton Beach- (hereinafter the "PROJECT SPONSOR"'), In consideratioirl ofthe MUtual prornisesand covenants contained herein, the parfies agree as follows: P,RQ,.JEC,T - Suh�ject to the provisions of this AGREEMENT and Rule 6613-2 oftlie Florida AdannistratriVe Code (a current copy of which is attached as Fxhibit "B"), the I . )ISTRIC'Uhas approved assistance funding to the PROJECT SPONSOR in Furtherance of an approved project CTROJEICT") consisting of the Bot 'nton Beach Fire and Police Dock and Lift Phase L Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT's head quarters . .Ani nuidifica,fio-r)s1to tl7l.,eP,R,I,D,.,),E,(,,""11".S,,,,sc-oi�e.oli'work. shall re,,uire written advance noficie, and ilustificlati,on, ('roar. the PROJEC"T'SPONSOR. and the pppr NKritten approval of the DISTRICT. 2. TERM -The PROJECTSPONSOR shall not cornmencework on the ESI' OJE('',Tprior to the execution of this AGREEMENT unless specifically authorized by the DI STRICT Board and shall complete the PROJECTand submit all required payment reimbursement information on or before September 30, 2024 ("PROJECT PERIOD"), untess the PROJECITPERIOD has been extended with the prior written approval of the DISTR ICA. Any request for an exLension of' the PROJECT PERIOD shall require subinitial by the PROJECT SPONSOR of'a request for extetjsj()n to the DIS" RIM"no later than 60 days prior to the original expiration date (if the PR OJECT PERIOD. This requcst will then be considered by the DISTRICT Board, whose decision shall be final, In no event other than a declared state: ofemergency that aff'i cts the project completion shall the PROJECT be extended beyond. Septernber 30, 2025. T1,w PROJU',"I" SPONSOR acknowledges this is the only provision to carry over the DIST'RICT assistance lunding under this AGRF'FM[,,NT beyond September 30, 2024, and that, any extension of1unding beyo1jr id this date shall lie: at the sole discretion of the I)ISTRICT, Page 104 of 568 3. ASSISTANCE AMOUNT - The D[S'LlUCJshall contribute ("ASSISTAN(,E AMOT,JNT"') roar more than fi,!,v percent (.�P%j ("MATCHIN(J' IIERCENTA( E") of the PROJECT SPONSOR'S eligible out-of'pocket costs for completion of this PROJECT ('"PW JECTAM(iUNT"). Paymcnt offunds, by the ims,rRICTto the PROJECT Sf)(..)NSOR (the "ASSISTANCIZ, AMOUNT") will be on a reirribursen-mit basis on.IV., and only for those authorized out ot'pocket costs as show"'. in FAbibit A, Project Cost. Estimate (" PROJ ECTSTSI" arid Meeting the requirement's of Section 5 below and shall riot, ,, in. any cvent, exceed S50,1000.,.0.0. An-,, modifications to, the PJWJECTCost_f 's-lirrr,ate -Exhibii AJ Sh'Al reLjUirC Written advarice notice j arid 'ustificatig.n. from the PRO SPONSOR and the prior NNI itten ap -- proval of the DISTRICT. 4, MATCA-IING FUNDS- T'he JIlWjLC',TSJ)0NS0R Wan -ants and represents that it has the PROJE,CT SRONS(W Match A1110LI111, (the PR0JFC'T AMOUNI' less the ASSISTANCT AMOUNT) available four the completion ofthe PROJECT arid shall, prior to the eXCCLItiOn oaf` this A6RJ ,Ml N IC have provided the DIS'YR K Twith suitable evidence ofthe availability of such furlds Using the DISTRICT's Form 495-01 (r,.'xhibit Matching lunds Certification) and, upon, request,, providing the 1) 11, S'H?.JCTwiih access to applicable books arid records, financial statemeats, and bank staWments, 5, PROJECT COST'S .. To be cligible for reiMbLirseinent under this AGREIFMEINT, PROJI.A-A' ("'C)STS must be necessary and reasormble for the eff'ective arid efficient accompfiShrilellt t,W111c IIR0JkCJ and must be directly allocable thereto, PROJLCY ( OSTS are generc Ily described in f xhibit B, Chapter 6611-2, f,.A,C- PROJECT COSTS must be incurred, and work perform- ed within the PW-)JEC"T PERIOD, With the exception of Erre-, Cm costs, ifany, consistent with Section 6 below, which are also eligible f(. -)r reirnbursenrent by the DfSI'RICT, 11' the PROJECT SPONSOR receives additional funding for the PROJECT (I',0S'rS frorn ,inother source that was riot identified in the original application and that. changes the AGFR.EEMf�A'J- MATCA'NG PERCENTAGE., the IIR0,1l-,'C7j' SPONSOR shall proportionately reimburse the DISTRIC"T's prograrn funds equal to the MATCHING P11`IRCENTAC3'F 41 this AGREEINIENT, The PROJEC"I'SPONSOR, shall proniptly notil,, the DIS'"I"'RICTofany pr(.�ject payments it receives from: a source other than the DISTRICV, 6. PRE-AGREEMENTCOSTS - 'I'lie l fISTRICT and the PR0JFCTSp0NS0I�, fully understaIrld arid agree that there shall be no rehribursement of I'Linds by Ljr-te DI S'I'Rl("[' fbr- any I Page 105 of 568 Wgadon or vxpontturc madc prior to 1he e�xc'cutJoln of' this AtMIlC',SS, p)reVioljSjy nt-'-atcxl in A, (.,,cifisu�stvia whh WWI 13, and PIWOW,d; ; 'Dj)P10V(,d b)� die DIS'Fpl.i(`j 13o,Ird duriiig the g gn,int revieNs, ploccss, '�PR(UFUT (MUS Ball be reported to the LMSIRRIF and san-crriarizeid nn the 11yrim Rcinibtascmcni Requesi Orm (Fonn 490-14) MaCkd as Exhibit 17. Suguming doonnewdon inctuding hills annual amcdcul Imynwm vowlem by "Th any papment rcqLKSll rccords in suq1j-X')11 Of t1w 1"ROJECll" UMN WhudwJ in pyinent requems shMI he sOjeo to mvh--a and approval by the DIS'l"RIC"T or by wi zludttoa stdcctcd Ly dic DISTRICA, Nucht openws s1dl bc b(wne by the momw SFUNSM Projeca , funds n1,.1y [w nc]cascd hi insualh-nents, the di,;cre6on ul' Te IMSIRMI. tMon MOW of as paynwnt reqtnot by the 111011111F SPONSOR, or LMISON AOFN�T The DIS Tpal ' shall rviabi ten pemma (I MS) ofeach innathnent payment ukl the con4dedon Wic TIMEM, 1,111C fiMov6lq.m co,,r-,;tS,, ifautlioHziccl in the a1mched Exhildl Ii. shall lie reinibiwsed only urwn) compWon or Lhe ITMECI to this roasomabjc WsWmi of the INS YR K: V mW in ;rcuwdmwv "Ali 1AWbA B: pm,sonncLl cquipmew, pr("ect nwnagoiwnLUMnhhQU60n. inspeclOn, and dcApt), j-wrnJtnrg,. phuminig, cnpJnecring. arx% surveying c(w. Assuming the PROJECI SIUNSM W, oflier"N"isc hddy coniphcd Nvith, the mWAmments cWthis /WGRFJ-d\4FN, I flor a PRCMEC I apl,,rcrvcid is Phasu I projccl \vd] be niade cinb, upon ccminwiwment ol comucHon of the MAMA for wh1ch Hie Phase I planning. designing, engineering Wor punthdng wm chwcwd, Wch may o; inuy nm WvWxT Wwr FAS FRICT funding. [hucedums sclbrth hel(wv,, j?jtlu re,,,pecl Ui reinibiuserneril I, die DISIRIM are st&qpeicl lo this tecpdrci-nem of consnucdon, I he Iala TRW F shall Ove the aught ro wi�tUold any paymoa herumW eM W "Teik or 1=4 Ar nwr-c.ompfrancc viilh the wisorows AGUFNIEN] , 8 FiNAL 11w PROJECT SPONSCHO upin cortMAKon Whiu 10(1117CF, &A suhnnil u; We DISITICT aa reiqu(:,st fo('iliaR rcirrthu1'SeML311[ ofthe AS'SISTAiIWk zVvJ()ljNT k,�s any priw insiallnlern jmynlmos]hc paynwnt arnowAs pmvkmsV remb, by lhi,,., DIS ERIC! shadl be paid up(mi ( I ) tvi:Q of (1u�a � inoAUdit 11-�PON Ofu�XpWRSCS if]CU]Ted 01) 011C MOAT"! by the 1ASTICUT (2) WH cornplotion cri'dic PROJEC1 To the reasonable Sal isfziction o , to IATFRRA(3) submishon of PrqMcl CWnpQ6wi MnCajj()u�j No. 90-13 (Lxhihut 1,),. (4�� subrAssic)n of phoRTnqT of dw PR(OWE shoming the Si 211 MlUnLed by Qojoc I R. vmd (5) as Final M Page 106 of 568 Pr(�ject Report as described in f.,"xhibit G, Assistance ProJect SchedUle. AF part of the doCUMCn4itioll accompanying the recluest R)Ir-1 all provide proof' of final reirnburscritent, 11ROJE( T SPONSOR sh payinent of all contractors, material SUPpliers, era g I i I neers, architects, art(I surveyors with wl-join PROff,'C"TSPONSOR has directly contracted (cach a "DIRECT PROVIDER") to provide senr ces or materials for the PROJEC'J". The final, reirribursemcnt aniount shall be adliusted asi necessary such that neither the total ASSISTANCE AMOUNT nor the MATCA II NG PERCENTAGE is exceeded, I Jriless otherwise determined by the DIS IRICT, the Final reirribursernent check shall be presented by as IA STRICT representative to thc PROJECT SPONSOR during a public corn.mission Tneefitig or public dedication ceremony fbr the PROJEC 9. REC1.)RDS RETENTION - The PRO,TUX "I" SPONSOR shall retain all records supporting the l)1WR-"C'l COSTS for fl -tree (3) yearsafter the end ofthe fiscal year in, which the Pinal Payment is released by the DISTRICT, except that such records shall be retained by the PROJI-VI' SPONSOR until final resolution of matters resulting fi,orri any litigaticin, clairn, or s.pecial audit that starts prior to the expiration of the three-year retention period, 10. D;walliir AND REMEDIES - . In the event, ofa, breach Ofany ofthe terms 0f(jjiS AGRI'"EME'NT by the PROJECT SPONSOR, the DISTRICT shall provide vo-itten notice to the PROJECTSPONSOR, which shall have sixty (60) days, in which 10 CUFe the hreach, If the PI OBECT SPONSOR fails to cure: the breach �vithin the cure period, the LASTRIC"I"shall have the Tight, but not the obligatiOrl, to demand that the PROJECA' SPONSOR irrirnediateiy refund the ASSISTANCE AMOIJN'Tto the extent paid. PRO,JF,CT SPONSOR shall refund to the D[STRICT the full arnount ofthe ASSIS"FANC1.1-1 AMOUNTpaid to PROJECTSPONSOR, whereupon this AGRF."EIMENT, Wid all further rights thereunder, shall be (eri-ninated, I I'the DISTRICTdoes not demand reirribursement as aforesaid, the DISTRICT may exercise any and all other reinedles available at law or in equity. 'W'ith respect, to the PROJFC,'F SPONSOR's obligations under Sections 15, 17, arid 20, PROJECT sr,0NSOR. acknowledges that breach by the PROJECTSPONS(W of" one or amore of `its obligations under said sections might cause the DISTRK, F to suf(br irreparable harrn, namely harm for which darnages would be an inadequare rernedy, PROJECT SPONSOR further acknowledges that the DISTRIC.'I'mighl suffer irreparable harin due to delay if, as a condition to obtaining an m1un Ction, restraining order,, or other equitable remedy with respect to such as breach, tyre J)jSr'j 'RIC" I' was required todeirions1rate that it would sufferin,q)arabic hann, ITieirticsthcrc-f(.)i°cititendtliatif'tl)e pR0JL( P SPONSOR breaches one or more of its obligations tinder Sections 15, 17., or 20, the DISTRICT, In addition to such other renieclies, which may be available, shall ha�,e the right to seek specific I Page 107 of 568 perffirmance and injunctive relief', and for purposes ot'deLenitining whether to grant an equitable remedy any, court Nkill assume that the breach would cause the DISTRICIT irreparable harryi. The provisions of this section shall su.rvive completion of the PROJEC'E 11, DISTRICT PROJECT' MANAGER - The E.Amitive Director. or his designee, is hereby designated as the DISTRIC"I's Pro ect Manager for the purpose of this AGRF,,'LIML" T and shall be responsible for rncmitOTing perl'ormance of" its terms and conditions arid, for approving all reimbursement requests prior to payment, 12, PROJECT SPONSOR'S LIAISON AGENT - the PR0Jt;(_­SPONSOR ,ball sl appoint a LIAISON AGE.NT, whose natne and title shall be submitted to the DI S, FRICA Uport euCL16011 of this AORET.WNT, to act on behalf of the PROJI'C"Y SPONSOR relative to the provisions of this A(J'rREEMFNT, 13, STATUS REPORTS .-The PROJECTSPONSOR. or LIAISON A(YE'N'"I'shall subm' _ . . ..... __-1-I,-__ it tothe DISTRICT prqject status reports during the PROJEVI"temi. These Quarterly Reports are to be on Form #95-02 (Exhibit F, Assistanco Program Projject Quarterly Stattis Repon), ProJect design drawings, engineering drawings, and a copy of the Project bid award construction itern cost fist, will be submitted as available. Phototgraphs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANC jr " by the PR0JFGT SPONSOR with the reporting schedule in Exhibit G, Assistance Projcct Schedule, may result in revocation of this AGTRI-.'TAII:�'Xf, 14, LAWS...11FIC"I' SPONSOR agrees to obtain and to abide by all federal., state, and IOCCIrl permits and proprietary ainlrerizations, and all applicable laws and regulations in the development of the PROJI"CT, The PROJUCI SPONSOR agrecs that all PROJECT facilities shall be designed and constructed. in compliance with applicable state arid federal statutory requirements f"or accessibility by handicapped persons, as well as all other fiederal, state and local laws, rules, and requirements. 15IQN- DI SCRIMINS TION -The PROJI,"C'I" SPONSOR agrCCS that when completed. the PROJECT shall be readily accessible, on a. non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency o fthe user in another P�,Aitical subdivision. 16. -Adequate parking shall be inade available by the PROJE.CT SPONSOR, to accon"miodate vehicles for the nurnbc:r of rxzsons for, which the PROJEC I' is hoeing developed. I Page 108 of 568 17SITE DEDICA'"HON -The PROJECTSPONSOR also agrees that the PRf.)JECT.site shall be dedicated:. fim, tile. public use for a minimum period of` thirty` (30) years from the completion ofthe MOJECI, SLICII dledication to be in the lbrm oladeed, lease, management, AGREVVIENT or other legally binding dociument. Any change in such dedication shall reqUiT.'ethe prior approval ofthe DISTRICT. T'he PROJECT SPONSOR shall record evidence of'such dedication within the Public Records of the County in which the PROJEICTis located, 19, ACKNOWLEDGMENT-- For construction pro ects, the moiEc"r si-IONSOR shall creat a perniarient sign, approved by the DIS�TRICT. in a prominent location such as the PROJI.,"C"I entrance of the completed PROJECT, which shall indicate that the DISTRICTcontributed funds fear tyre PROM"CT, Thc wording ol'the sign required by this section shall be approved by the DIST RIC; T's staff before construction and installation of said sign. This sign shall contain tile DISTRICT logo (Exhibit H) miless otherwise stipulated by the DISTRICT'. In the event that the PROJEICTSPONSOR erects a lernpoTary construction sign, it shall, also indicate the LI)ISTRIC"T's patiicipaition, For all other types of pro.jects, the PIMA'(71SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the I)lr STRIC"Istaff s recommendations, M PROJEC T MAID` TFNANCE - When and as applicable, the PROJECT S ONSOR agrees, to operate., rnairflain, and manage the PROJECT lbr the life, of the PROJI (.-F improvements and Nvill pa.y all eXPCIISCS MjUired for such purpo.w�s. The PROJFICT improvements shall be maint,airied in accordarice with the standards of maintenance for other local flacilit.iles owncd and operated by the PR(.)JEC"I'SIIONSOR,,,iticliri accordance with applicable health standards, PROJECT facilities and improvements shall be kept reasonably safe and in, reasonable repair to prevent undue deterioration zind to encourage public arse. The I'R0J'F`,1CT STIONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJFCT fiacilitics and improvements, 20, FEES Any fecs charged for tirds PROJECT'sliall tile reammiable and the sainc for the gcricral public ofall mernber counties.The PROJECTS1r0NSOR. must dernonstrate that a minialLan of fifty pc,rcent (5001,10) of the PROJI'TT fees will be utilized for project maintenance and improvements thrOUgh011f the anticipated 30 -year lil'e (.)f'a development prctject or the design Ii 'e of other prol types, as applicable. 21. SOVEREAGN IMMUNITY -,r f;Jcjrlr party hereto agrees that it shall be solely MI-SP011"ible fbi- the wrorighil acts of its employees, contractors, and agents, However. nothing contained herein shall constitute as w,aiver by either part.), of` its sovereign immunity under Section m Page 109 of 568 768,28,, Florida Statutes, The PRO.11"CT SPONSOR actin owledgcs that the F)IS1 RICT, its crnpioyecs, cornniissioners., and agents are solely providing funding assistance for the PROJECTarm are not involved h.i the design, construction, operation. or n-mintenancQ of` the ITC CJI .'C"E. 22. INSPEC."HONS - The DISTRIC"F reserves the right, LIP011 reasonable request. to I inspect said PROJECTand any and all records related thereto at any Currie. 21 RIGA FS AND DUTIES - The rights and duties arising under this At:::IRl.`EMENT shall inure to the benefit ofand be binding upon the parties hereto and their respective successors and assigns, and shall, untess the context clearly requires othemise, survive cornpletim ofthe PROH'ICT, The PROJECTSPONS OR may riot assign thisAGRl-1.F',1VlFNTnGr any interest hereunder without the express Prior wri tten consent of the D1 STRIC] 24WAVERS - Waiver of breach ofarty provisions of tbis AGREEMENTshall riot be deemed as waiver of airy other breach ofthe same or different provision, 2-5. NOTICE - Any notice reqUired to be given pursuant to the terryis ai-id provisions of this A (r 1REEMENTshall be in writing, postage paid, and shall he sent by certified mail, retUrn receipt requested, to the DISTRIC"I" or Irl OJI"'C"T SPONSOR at the addres.ses below, The notice shall be eficctive on the date indicated on. the return receipt. rl,(,) tyre I) I S FRI C" F at:; Florida Inland Navigation District 1314 Maxcinski Road JUPiter, Florida 33477--9498 To the PRDJEC]. SPONSOR at., City ofrlontori Beach Attention: (.3rants Manager, Fire Rescue and Police Department. K) Box 310 Boynton Beach, 1`1 33425 26. NO..J..O.I.N'l.'VE. N'I'.I.J..I.Z.E... The DISTRIC]"'s role wi0) respect to the P.P,()jl-�'(1'1'yjs that of a funding only and the DISTRIC"Fis not, and shallnot be considered to be, air avent Z , partner, or Joint venturer with the PROY]"CIT SPONSOR, 27. GOVERNINC LAW - The validity, inter- pretation, and performance of' this A JRE 1-,MENT shall be controlled and construed according to the laws ofthe State ol'I'lorida, I Page 110 of 568 2& TRANSFERENCE - It is, the iment of the DIS'"FRICT to issme this funding assistanec to the I)R(.)JE(,.'I- SPO,"NSOR who has inadc application for this assistancc. ]In the event. the 13R0J1-,'C".T SPONSOR transfers owmershipor managernent of the PRO-11"C"Tto it part), or parties not now part of this AGREEMEINT, other than another governmental entity that agrees to aassurnc, In writin& PROJECTSPONSOR'S obhgatk'm hereunder, the DIST} ICTretains the right to Full reimburseinent from the PROJECTSP(ASOR to th.c full extent ofthe funding assistance provided by the DISTRIC.'T including, bit(. nor hmiled to, any costs arid reasonable attorney's fecs (regardless of'whether litigation ensues) incurred by the DISTRIC"Fin collecting said reimbursement, 29, ENTIREUNDERSTANDING' - This AGRI:�"FIMLN'T', including an, ........... y exl,iibits made a I.m.ri here(,C. embodies the entire AGREEMENT and understanding ofthe parties and supersedeS Kull prior oral and written communications between them. The terms herec)f may be modified only by a written an'iendment signed by both parties hereto. IN WITNE'SS WEER OF, the parties hereto have caused these presents to k)e execrated the day, month and year, af'oresaid. WNUMMERM Print nalne� Print narne!: Print named Print naaie� I 1-TORMA, INLAND NAVIOXF10N DISTRIC4' BY: E.Aecutive Director City offloynton Beach 1. 3 Y: am m Page 111 of 568 ung Lj,�(j c,sj L WagL_ M,. Project THle: Boynton Beach B:oating Safety Project Appticant: The City of Boynton Beach Project Elements jP %e est the MAJOR project etements Total Estimated ApplicchWs FIND Cost anprovide general cosft for each one. Cost COO For Phase t ft)ects, pale It the rnolor OC "'M mutest $w) (To the neare5f tSO) efeimnts arx1produrts expected) Engineedng, Architectural, and 100,000M 50,000m Permitting Fees 5000.00 100,000.00 $50,000.00 Pum No. 90-25 (New 10/14/92, Rtvised 04-24-06) Page 112 of 568 CHAPTER 666-2 %VA BER WAYS ASSIS VAMC E' PROGRAM (2022) 66B .2.001 Purpose 5613-2.002 F o r m,.,,, 66B-2.003 DeFinitions 66B-1004 pcflicy 66B-2.005 F unds A I location 66B-1006 Application Process 66B 1006l F.mergency Applications 66TI-2.008 Project L"ligNfity 6613-2k09 Pro.ject Administration 6613-2.011 Reiffibursement 66B-2,012 Accountability 66B-2,0:13 Acknowledgement 666-2,014 Small -Scale Spail Island Restoraflon and Fnhancernent Projects 6613-2.015 small-scale Derelict Vessel kcmoval Projects 66B-2,016, Walcrwa�ys (Aeanup E,ents 6611-2.001 Purpose. Recognizing the importance and bvriefits ofinland navigation channels and waterways, m veeH ais notbig problerns ald with the COIWRX6011, CC)MiFlUed n4ritenance and use of these water ,nays, the 11orida LegWawre created Section 374.976, F,S.. This law authurizcs alid ernpowers each friland naviga6on district to undertake prograrns inlended to alleviate the problems associated with its watemays. The purpo,,,e of' this; rule is to set ford) the District's policy and procedures for the irnpIerm41ttttjcgj Lill an assistance prograin under SQction 374.976, F,S., for local governments, inember counties and navigation related districts within the District. This provrain w0l be known hereafteras the Horida Inland Navigation F)istrid's Watervays Assistancc Program R.Wenwaking Aufhwirv,3' 07W) VS Low 1,7zolernenied.374.976(1) 1,S /fiStOPY A"ll 12 17-9(), ronneriv 16l'-2,001. All forms firr (Im adininistration of this program are available from the District office loewed at 1.314 Bt arcinski Road, Jupilcr, Florida 33477, Rulemaking,dw&,wir3, 374,976( ) FS low 1wpIew?,eeed37CP76Q) FS IRTIory New 12-1,7,)Q TornaerAl 66T 2 002' 666.2.003 Definitions. YhC baSiC terMS Utili/ed in this rule are definled as follows: (1) "AIIIIIACANT" means an chlgible governtnentaa agency submktirng an application through this program, (2) `"rAPPLIC I ATION" meansa proJect proposal with the required docurrlenzaticmr (3) "AUTHORIZED SUBMISSION PEWOFYI nreans the established purio� d for mibmhl:ing appkations t(-) the District, (4) "BEAA0 I RENOURISIAMENT" means the placcurtent of sand on a beach for the nourishment, renourLshrnent or restoraflon of a beach, (5) "BOARD" awans (he Board of (.7ornmissioners oftfic Flurida 4dand Navigation District. (6) "NS ITUCT" meari�s the Florida InWid Nuvigatlon District (FIND). (7) "I'Ll(ABLF (.10\1F-RNMENI AL AGENCY" Mean% nwober counlills, local goverrunenlr sjj)d navi-ation ndated districts wiffiln the taxing boundaries of the District. (8) "I"WRONMENTAL. TTRWTS" means those permits, pioprietary authorizations, exerniptions, or gcrtcrai penifits, for construcllion he nwan high water Hne (if a navigable vvaterway required artd iSSUed by (it, on behalf of the US. Anny Corps of En,ainelers, the, Floj,,ida Dcparttrent ref' Environmental Protection, and the South Florida or the St. Johns River Watetr MAnagement Districts or their succes ors. (9) "EXI"CLI'l IVE WRECI OR" means the Executive Director Gaff the I'llerida InIand NaVigatiOri District, Page 113 of 568 10) "Ll A I SON A( &NI" awans the contact person oil iciaHy des. gnaied to act (in be, half ofthe appHcant car, the prof cct sponsur, (11) "LOC.M. GOVERNMLl'INTS" mearis rnufdcipahties, clics, or consolidated county governments, which arc located wfthiu the member counfies, (12) "MARITIME NIANA(3fNWNJ'I PLAN" irreans a written plan containing, a systernatic arrangernerit ofelerneras specifically formulated to identify, miltrate and promote the benefits of eligible waterway acces'sihility and enJoyment, with consideration) and respect to the physical, environtrwntal and economic parx-neters of the planning, area (I r3) "MATCHNG FUNDS" means those funds provided by the local sponsor to the project. (lilt "MENIBER (',()I J�;]-Y" means it corimy located Nhithin the tax4ig, boundaries of the Dktrin.t which includes Nassau, Duval, St Johns, Hagler, 'Volusia, Brevard, Indian Rver, $1, 1 oicie, Martin, Mai Reach, Broward and M�mmni-]")adc Counties, (l5) "NA Vr lGATION Rt:7I,ATFD DISTRI(I S" ineans port authorities" inlet disiricls or any other agency having legahy authorized navagation related duties in mater-ways of tire Mtrict, (16) "PR,E-A(3REFME---1`wT COSTS" iricans pmicct costs approved by the District Bowd which have occurred prior to the exemition of the project agreernent, (17) "PROGRANT" nacams the Florida Inland Navigation District Water\Nays,Assistance Program. (18) "PROGRA-lyl FLTNDS" MeaM financial assistance aN%arded fry (fie Board to a proJect for release to the ProJCCI %f)(171SOr piri-suarn to the terms of the proect agreernerit. (19) IT ROJ EC] "' rtrearis a planned Undertaking consisting of clip _Jbie program facJities, hylpro%,enlents or expenses for the rise arid benefit, cif the general public. (20) "PROJE(1 AGREEMENT` means im executed contract bmveen the District and a project sponsor wtthig foTlh rirutua] obligations regarding an approved project, (2 1 ) "PROJR-T MA INThNANCE" means, any usual action, activity, expense, replacement, adjustn-uml or repair taken to main as pro ect or grant itent in a serviceable, operational or norrTral Corr 'i dition, or the routine efforts and expenses necessary n) restore it to serviceable or normal condilaon, incluftg tire routine recurring work reqUiy'ed to kCCP the prcject or grant `item in SeWh CoftLiftiorr that it rraaay be continuously used at its originai or designed capacity and efficiency Im its intcnded purpose. (22) "PRO-JE( I NIANM"TR" means the District cniployee who is resprinsible for nlionitodng the performance of the ProrJect and compliance with the protect ugrecirient, (23) "PROJECI- Pl"WOD" means the, approved time during, which costs may be incurred and charged to Ow finided project, (24) "PR(::?JECT SPONSOW' rricans an efigNe pmernmental agency receiving prograrn funds [WSUarn, to air approved application. (25) 'T"BLIC Bl,]LMN(r,u" It, caris as building m fau'dity on government owned property that is owned oi operated by a governmental endly, or operated by a third party Oper,M)T, The building or facility must providc, wwerway related information, Public inectim, space, OT educafiorial services and be open to nwmbers of dic pubis on as continual baqis withoul dkcrimination, (26) "PUB11C M.RN A" mcaris a harbor complex used primarily tier recreational boat Ynooring or storage, the services of' which are cpm, to fire general public on a first come, first served! basis %vithout an), qualifying requirements Yjch as club membership, stock anerslup, or differenti41 'dry price, (2'7) "PUBLICLY OWNLD COMMERCIAL OR NDUSTMAL WATERWAY ACCESS'" meant, any publicly ownod area spccifically cicsigried to be used for laging, launching, or off.loading by cornmereW or industrial waterway users oil a first come, fir'st served, short-termi basis, to gain entry to Orr fryer the District's WakerWarYS to SCrVC tl�W ir1fi`2,qt�rUCtU1R' nCecJS cif the: District's watemay users, (28) "WAJERMAYS" ineans the Aflarilic Intracoastal Watmvay, the Okeechobee Waterway, the Barge Canal in 13feVaTd ("ounty west of the, POTIr Canaveral Locks, those portions of the Dank), (7,ril.-Off Canai and the Hii6boro Cznal cast ail` the %vater cf,muol structures, all navigable naturfl rivers, bays, creeks or lagoons intersected by said waterways arid all navigaWe natural creeks, rivers, bays or lagoons ewering or cxtending frons said waterways, (29) "WATERWAY RFkAJ-J-.',D ENVIRONIMI' NTAL ED("CATION" ineans an imerdiscipinary h0lisft process by whicli the learner; develops an awareness of the mitural aird ruartiriacio: environments of walerojays; develops knoodedge about how, the enviroirment of the waterways oNorks; acquires knowledge aboin the technc.flogical, social, Uflturai, froldical, arid aconomc relationships occurring in watcrway related environmental issrjcs; and, becorries molivalcd to apply action stratcgies to inaii-itain balance between quality of life and quality of the environment of watcrways Rultemaking aflrCrrr1 374,976(2) TS 1"Y;dememed 374 976(1) FS thstrrry N'evv i2-17-90, Arnepuled 9-2-92, 2 647, Pornierl), 167-.2003, Page 114 of 568 Ayne,Oed 5 17 I98, 3-21-01, 3 20-03, 3 3-04, ,21 fta,4-24-06, 1..1-5 07, 3... 5.08, 3-7- 11, 3-25.21, 668-2.O04 Pollcy The following oonsfitutes Ihe policy of the District regarding the administration of the prograrn: (1) Finaticial Assistance Ehgibiliky� Financial assisuince, support and cooperation may tT provided to cligible goveniniewal agencies for approved projects as follows; (a) Member counfies may bo provided finaricial assistance, support or cooperation in plarming, acquisition, developmem, construction, reconstruciion, extensiofi, impromneria, operation or the mainicriance (if public nrtvgaiion, locM and reghmal anchorage managcTnent, beach rcrir.mrishrrrent, public recreation, irdet managernem, environmental education, mmitimemanagement plans, and boating sifety projects cfirecdy related to the waterikays. (h) Eligible local governments may also he provided firiancial assistance, supp4,)rt and couperation in plamifing and carrying OUI public ndvigation, local and regional anchoragc nianagernent, beach renourishnient, public recreation, inlet management, environnienial education, md boating safety projects directly related to (lie waterways. (c) Navigation related districts mayy K„ provided with financial assistance to pay pail of the costs of the Planning and acquisition of dredge material rnanagernent sites if the Board faids that the site is required For tine long range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the developrnent and operational crilerizi estabilshed by the District through a long-range dredge: mmerial rrianagement plan for that county, Navigalion related districts may also be provided with wSsistance for waterway relatNl access pi-cJects, environmental initigadon prujects associated with waterway improvenient related activities, and 4iilet reran agememl prmects if the Board finds that the prc)guci benefits., public, navigation in the Allantk, intracoastil WaLerway. All naviga6on related districts shall contribute at leas, equal nimching funds to any District finaricial assistance provided, Scuports may also he rurnishtd iLssistance and support in planning and carrying oul ClIVIrOuTTIL-111,11 mitigation prpjects, All scaport projects shall benefil publicly maintained channels and harbors. Each seaport shall contributic mateithig funds Ibr funded pr(pjects, (d) J'Aigible projects shall include the accBuishiorl and devc1opment of public Boal ramps and Winching facilitics, inciudhig, those in man-madc, navigaMe waterways contiguous w "watcmays" as defined in Rule 6611-2,0103., FA.C. (21 Nofifical,4�m. The Disnict will noffy by dfirect mail, ernail and/or advemised pubbia notice all efigilsic gc>vcrnr,-Ietjtal aj� ,eucies of the pro,gram and the upcoming authorized submssion period. (3l llr(rIeo( Approval: Apprmal of projects by the Disuict shall be in accordance with these rule�s, (41 flrojec,[ Accessibility: Facilikes or programs hindcd in whole i.,)r in pail by program funds shall be made available tothe general public of all of the rerun ciHintics o n a non-exclusive bwsis, without regard to race, color, religion, ape) - ar , sex k,� � siT i 11 l conditiom Addifinnally, facflities lunded in wholc or in part 1-sy prograrm lunds, shall not require a paid memt��ership for ale getjer,at public of all of the mernber courifies as a condition, to use the facilities. User or entrance fees may be charged Ra thc use offacilhies funded in wholc or in part by prckgram lunds., however such fees shall be reasonable and shall lie the same for the general public of all of the member counties. (5) Watemroy irijpaCJS. All development projects intiqt be designed qo as not to impact navigation along the Distrlct's warerway's Through the placement of structures. auendaul uses, or the necessity of a boafitig speed zone for safety purposes, Before applying I'm boating speed zone designation in District waterways because irl a project funded by this program, the sponsor shall first receive approval flUM the Board, The Board will use the, criteria forind in Section 327.4fs(l ), FS, in determining whether to approve the proposed hoaring speed zone (6) Project MairtcnanceThe project %ponsor sheP be responsible fZ)r the operaflojri, andutertarice, and mariagemerit of the prc>leo for the anticipated life, othe project and shall be responsible forr all expenses required fbr such purposes, The proi I ect shall be irj,aintaimd in accordance wilh the standards of ir4ravriance for other sirnflar l(w.al faOEties and in accordance vOth apph(;able health standards, Projw facilities and improvements shall be kept reasonably safe a,urd in reasonable repair to, prevent unduc deterioration and to encouragc pati k use, The project sponsor ,shall have ffiH legM authority and financial ability to nperate and maintain the project Cacffltics, (7) EdUCRliOrI Fdccit ics and Progratim Waterways related environniental educaLion Faciflhes and programs spormncd by the District, shall occur at specially designated environmental eduCalkm facflitics located adjacent and e0atigUOUstC)fame WatemvaVS, tt is the District's intent to consolidate its environmental education of bris in the least rsurnber of facilitics within mi area that wiH adequalcly serve the education needs of'Oiat area ofthe District. (8) PUbHC IntbrMation Availability: Public infonnation produced with assistance: fi'(mri this program shall not be. copyrighted and Page 115 of 568 shall be provided free ofcost, except for the Cost of reproduction, to the public, (9) Third -Party Project Operators: projects that are being operated by a third party shall have suffix; ent oversight by the eligible project sponsor as delen-nined by the Board,, Such ovet'sight, at a Mifinnuill, Will include a protect liaison that is a sta6f meniber of' the eligible project sponsor, arid oversight of the operating hours and adirtission fees of the facility by the cfigil& protect SpOTISOT through a legal agreement. All thuird party projects shall he open to the public in accordance with this r-u'1e, 10) Non-cornphanec: 'I he District shall ternrinate a project agreurneru and dernand return ol"program funds disbursed to the project sponsor for non-cornpliance with any of the terms of the pro'lect agreernerit or this rule, if' such non-compliance calls into question the ability of the applicant to complete die project. yarture of a projectsponsor to comply with the Pr'Ovisions Ofthis rule or the project agreement shall result In the Distfict declaring the project sponsor ineligible for further participation in the program until such time as cornpHance has been rnet to the satkfaction of the District, (11) Fees: Any public project eligible for District program finds that cha.rFes; a f'ce or will charge a fee urtest create and rriainwin an enterprise fiance for the public project that shall plan for and retain ai, all bines sufficient Funds Cot the on-going mainteriance of the facility during its project lific. Accounting records of the previous five years of the public project's, enterprise fund will be submitted as part c4"ariy subsequent assistance prograni application to the District Rulemaking 4whop(,t 3,74976(2) FS. Law Impie 'I) I ' , , 2 6-97, Tornser�y 16Tr2 904, I 1(:qi'374,976(1), (-Ifisiory, Ne4 12 17-90, Amen(JCci.2, 3 �)J Attie ndod 5- J8- 98, 3-31-99, 5-25-00, 3-21-01, 7-30-0,`, 3 3-04, 4-21-05, 4-1-09, 2-22 10, J 7 /1, 3-7 (2, J-27,1,;', 2 17-15 668-2AOS llunds, Alloc°ation. J he Bolud will akocate funding tin this program based upon the District's overall goals, ma nagentent policies, fiscal pusponsihilitics arid operational needs fi:)r the upcorning year, Funding allocati(ins to navigation related!, districts, triernber counties and locall gr,rwcrnmcnts shall be based aJpon the proportional share ofthe District's ad valoieni tax Collections from each 001.411Y. Iffunds are, determined to be available for the program, the District wil1l notil'V PUtentiUl Ciigibie gOl-,ernTnental og?,encics oaftheavailability of, progrann funding Applications will be reviewed by the Board utilizing District Forrns No. 9l-25 and '91-25 (A) through (i,) Waterway., , Assistance program Application and FvaWahorr Worksheet (effective date 1/20114), hereby incorporated by refi.rcncc and available ac I H„"t arld available frorn the Disirict office or by download front the District's wetipage at: %vw%v,aicw,org. 1) Fraiding Assistance Av4il4billt): ]n as much as the District has other riwal responsibilities nand operational nueds,, financial arSsjstaoCe 10 eligible gavel rutent agences shall riot exceed art amount equal to eighty (80) percent of the proportional shate ofll,ue District's ad valorem tax collections frorn each county in which such agen6es are located, The District may rilake an excepik.)n to this funding limitation, if' funds are determined io be avaflal.rle based upon the Distjict's overalI goals, niariagerneril policies, fiscal responsibilities tend operaticrial needs, or in counties that are rocovcring from a stale ofetricrgency declared under Chapter 252, F,S. (2) Project Funding RatioAll financial assistance arid!, support to digible governmental agencies shMI requirv,, ar a mininmin, equal. matching funds frtmi the project Sponsor, with the exception of public naso ganon PrOjeCtS that Meet are provisions of subsection 66B-2.005(6), EA -C,, land acquisrtiotr projects it) accordance with subsec66131 tion -005(7), and RulQ 6613-:x.008, EA.C., striall-scale spoil island restoration and enhancerriont projects that meet the provisionof RLde 66B-2.014, F,A.C., derelict vessel projects CoFlSiStent With Rule 66B-2,0015, F.A.C., and Waterway Cleanup ProJects approved under Rule 66B.1,0016, F.r Cll and projects approved in countics recovering frorn a s"tue of emergency, API)licattt's iTO'Ouse costa, are linitted pursuaritto paragraph 666-2.,t 08y F.A,C'All linancial assistance lcr seaports shall require equal maiching (urlds, 'I'lle F)isjrict shall contribute no more than fifty percent (5�)%) �Jf the local share ol'tfre cost of an inlet Maaa."enient or beach renourisinnent pro ect, 'Ir lic District shall riot cont6bute funding lo both the stato and local shares ofati inlet rnairagerrient or beach renoudshr1reju pro. (3) Pre -agreement Expenses: ]"Ire J)r� ,�jcct sponsor shall not coninlence work on an approved project element prior to the execution of the aieel project 'reernent unless authorized by the Board during the revie%v and fiindnn- approval procBo es�, ard ?, aufhorizatikui ol"pre-agrcernciit expenses will be given firr time cormirencernent of work prior to the execution of pre' ject agreement it ll,w Board determines thiat there is a'benefit to the District, its watcrvvits or its 'OnSti'LieflIS, All project, costs rnust fre incurred anal work perfortned, within the prc,)jeci FwHod as stipulated in the project agreement UfflloSS pre 4,rcernent 4:.os1,s are apJ)Toved by the Board, Pre-kgreenient expenses will be approved if they are consistent Nvith the provisions of Rule 6613-2,008, F.A.C,, and occur wuhin the fiscal year of the granapplication submission (Octuber lst to Septernber 3(fth). PTc-,%Yreemcrri expermes:, except hor projects approved by the Board as rritilti-Yew projects, will be finflted to fifty (50) petQCTut of tile projeCt's total cost and if' the expenses are eligible project expenses in accordance with this rule, Only one-half ( 1,12) or less of the approved pre-agrecinerii Page 116 of 568 expenses will be eligible for reirriburvemont funding from the District, CXCCfit fbT runjects approved by the Board as amW­year projects, The Board shad consider a, Nvaiver of tire lirnitaCon on pre-agreCITIetil CXPeTISCI, l6T Smafl-Srale Derelict Vessel grants and iand acquisition projects when the applicant demonstrates a direct need arld benefit and the project is ill accordance with the applicable provisiom of'Chapitcr 66B.2, F.AC. (4) Multi-Ycar Fundbig: The construeflon phase of projects that are hirge scale, 6ivolvc rmjltipfe plutSes— have as construction time line of' one year or longer, or are rcquesting., a significant amount of assistantT funding in relation: to tlie total assistarice available for the county where are pirc,;ject is lorated, will be reviewed arld apr",ovud by the District Board for as mijlripleyear period sub�jcct to budgeting, and allocation pursuant to the provisioms of hapter 201t), F S The deterrnimitron by the Board to provide assistance fondinly on a muiti-year basis can be made at any irinic during the dpphcafiorii review process, All approved Multi-year prorjects are limited to a mcixirnum oftwo (2) aciditictrA fut0i1q,! requests, (5) Inlet Management and Beach Renourishriterw Projects ,md pro " ject elements in the ca4lories offlet management and beach Teri ouri shnnen t shail be subject to the 16llosAing, provisions, The Distu'ict slu,di contribute no more Itnin fifty percern ofibc Jr,)cal sJ18rc of cost of the proJect The District silall not contribute furlding il) both Ole state arld locai shares ofan inlet management or beach renourisfunent project. F'undirig for the construction phase of an inict tolanagement or beach renourishinent project inay be approved by the Disirict Board for a nvaltiplt year period subject to budgeting and allocation pursuant to the Provisions of` Chapitcr2K KS. Additionally The IbIlowing provisrorisshall be met for inlet management or beach renourishnient projects: (a) Inlet Mariagenienc Inlet management pro.jects shall benefit public navigation within the Disa.Hct and shall be consistent with DepartrTnerit of IE=rtvircrnmental Protection approved h1let management phins and the statewide beach management plan pursuant to Section 161 J61, F-S. Prior to funding any inlet marragerrient project, the Board shall make a finding that the project is as benefit to public navigation in the Usirict. inlet managurent projects that are determined to be consisteril with Department ofFrivironmental I'll'otection approved inlet managernent plans are declared to be, a benefit to public navigation, (b) Beach Renourishirricrit: All projects in this category shall be consistent with the statewide beach Management plan, Beach renourishincrit projects shall only include those beaches that have been ad VCIILSCIY impacted by navigation insets, navivation structures, navigation dredging, Or ar navigation project, Prior to funding any leach renoUrriShment prrtject, the l3oard shall make a finding that the beaches to be ntmlj shed have bcvn adversly impacted by navigation irdets, nayigatkln structures, navigation dredging or a navigation proJect "fhedetermination of beach areas that are adversely impaicted l,)y navigation for the purposes cifods progr,un Sliarjj be niade by Department of FnVu.On7nC;Ita] Protectim approved inlet managemew plans. If" state Funding is riot provided for a beach project, pubkc access with adequate parking Unum be available ill accion'da"Ce WWI Chapter 1611, k-,S, (6) Public Navigatkm: projects or proJect elements in the category Of public MlVip,WiQtl dial Will qUdify fty ijp to SeVenty._rwe percent (75�T`cp) program: funds must he within the intracoastal Right-of-Way (HC)IX'), or provicle public navigation charnic) access to two or more publicly accessible lauriching, Mooring or docking facilities'. 41 addition, the fotiowink, shall apply- (a) Navigation channel dredging„: Itle project sponsor inum demonstrate that the source of' channel Sedinlernation has been identified and is in [tie process of,' or has been controlled, oi that the dicqtjency and arriount of Shoaling is such that dredging, will provide an improvernetit to flic char)116 that will hist for twerity (20) years or more arid therefore k more cost effective than identifying and correcting the cause of shoaling, or that the cost ofidentifying the source of” channel wdinientatlon exceeds the cost of the drexleing pl-qjC(_t, (b) NMgation channel lighting and markers must be located on primary or somidary public navigation charinels, Navigation proaects or project eleinre'FlIs tiler fiaVe orie fiaj [it y opL m to tine c w e publiill quality for up tea fift y percent (505i,) promgra funding, Dredging that is assuciated cor anc iilary to another use (such as a boat ramp, mairma or pier) wfli be prioritized according to the, associated use, (7) Land Acquisitiow Llmd acquisition pir(mects shall quality fear m r a ax a n I kr JL�'j offifly (50) pereent Binding!„. All prv� apreement J expenses fior kind acquisition moist lie cornpleted Within ome__year of the date of appfioalron for funding, Except for HCqL6$i6Vl) Of publicly owned spoil disposal site, all funded lalid acquiskion pro ' jects inust eonstruct the requiredg boatinaccess fc'ifty within 7 years of completion of the land acqi.flSftvWl, Or the District may reqUiTe the aPPficant tetrefLIT)d thv Program, funding, Immediately upon acquiring title to the land,, the applicant shall record a declaration of coverlwas it, fiavnf Of the [)istricl statine Omit ifthe required botifing access facility is not constructed within 7 years and dedicated for tire PUMC use as a botaing ill perpeluil,y after, coniffletion ofconstruction, the District shall require the applicant to refund the pwgumi funding, (8) Seaport Ilaundina Eligibility: Fnancial assistance to Seaport,,,, may exceed the proportional share ofthe District's ad Yalorerll taw Collections as set forth in subsection 66B-2.005(1 ), FA C., frorn the county in which such scala rt is k�cated ifthe scaponean Page 117 of 568 dcmortstrate that a regional benefit occurs horn the porCs activities, Fniaricial assistance to a seaport pr(yject that demonstrates a regional beriefis shal I not eKCeed an arriount equal to (i) the proportionai share of the District's ad valorern tax cohections as set forth in subsection 66B.-2,0105( I ), F,A,C_ from the counties where the beriefil is demonstrated less (ii) funding ahocated in the swric, rkcal year to all otPwr, local government proJects funded in tho,e counties. ROctnahing .4whoray 374, 920(2y fS Lmi Iffdplemented 374 976(1), (3) FS Hesiory New 12-17 90, Amended 6.24-93, 9 5-96, 2 6-97, Frjnpnolv 167'2 00.5, Amendrd 5.17,.9y 5',26-99, 3-21-01, 7-30_07, 3-„34,W, 4,2'TO5, 4-2 lf.rjj­Os` .3-2.)-08, 4-1-09, 3 741, 3-7-12, 4-11)4:3, 1.27-14, 5- 15-16, 3 25 21 66B-2.006 Application Process, ( 1) Application Pefiodr With the exception of eligible Disaster Relieff"rojects, efigiMe Small Scale Spoil Island Resloration arid F"Inhancernent Pro�jecis eligible Snrafl•Scale Derelict Vessel Applications and Waterway Cleanup Fvo,,nts, all applicationsfbt assistance threrugh this progrzon vodl be submitted duriag the authorized siubniissiort period that shall be established by wne of Board at a scheduled Meeting, (2) Apiflication F'oryns': Florida Inhwid Navigation Disirict Waterways Assistance Progriun Prciject AppIkation FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assisvince Program Application and EvaluotOon Worksheet No, 91-25 and 91-25 (A) through (F) (efl'ective date 1/1014) are hereby incorporated by reference and available from the District office. Mflr the excepOon of projects eligible under the Small -Scale Spred Island Resiorafion and E.nhancement program, the Small -Scale Derelict Vessel prograrn, and eligible Waterway t” can Fvenls, all applications for financial assistance and support through this prograrn frorn rnernber countics and local governments shall be niade on Form Number FIND 90-22 and the Waterway Assiqwncc Progratri ProJect Apphcation and Evaluation Worksbeel No. 91-25 and 91-25 (A.) through (F) and shall include a delrailedr Cost estirriale submitted on FIND Form, No, 90-25, Florida Inland Navigation, District Assktance Program Project Cosl FsOinate, (effecrM, date 4- 24-06), hereby incorporated by reference and dvailahle Froni the District office, In addition, all applicants shall sulinift a complete and detailed Project Tiniefine (FINE) FORM No. 96.10) (efk.,clive date 41-15-07). (3) Sponsor ResoluCnn: The, project sponsor shall approve the submission of art appIcatiton by official resolUti0r) Porn its gcvcrning broard Or commission. Said resolution chall be made on FIND Form Nor 90-21, Resoluticon for Assistance Under the Florida Inland Navigation Dkirict Waterways Assistance Pwgram (effective date 10-14-92), hemby incorporated by refti,ence and availabJe frorn the District office, (,4)! Attorney s Cer,O rication . If Oe application is for a project that is a land based development prqject the applicant shall submit an Attomey's Ccrtificaftn of Thio, FIND Form Number 94-216 (effective dale 5-25-00), hereby incorporated by reference and available fora the District office. (5) Maps and C'C4_hgraphic Information: All apphcants shall be required to submit, at tnininIUM, the fullowing poographic information: A County locadcar map, a PTOJCCI Iocation map, a pro.lect boundary rnap, arid a clear and derailed site development map, land development pfcJccls, (6) Appkation Review: Applicants shall obtain the oca' FIND Conirriissioner's initials on Form No, 90-26 p6orto subrnitting the application to the District office, It N the applicatiCs responsibility to make tinieIy arrangements h(,)r the local FINI) COMMiSsioner's review In the abSeTICC OfeXteMidlIg CirCUMStalices outside ofthe applicant's control as determined by the B�.)ard of'(11 orninissioners', tarn applicatian shall not be considered complete if it does not include the iocM F I NDconitnissioner's inifiak on Form No. 90-26). Upon receipt in the 1')awict Office, staff Will review the applications 16r cornpletenes's of the inforinational requlrenieim identified in the Appfication Checkirst, FIND Forin Number 90-26 (effeclivc date 7-30-02), as -rd for compliouice with the eligibihty requk-ements of this rule. When an, application is determined by staid' to be iricornplcte or ineligible, staff swill irnmediately inform the applicant by mail, The applicant will then have, Unfit the date established by the Board in the applicafi(M package to bring the appfication into compliance, if the apphcotnt fails to provide a complete application in vrmipliance with these rules, the application wffl not he considered ror fiinding. In order to have a ccrrriplcn: application, ilic. applicant .shill riot Only s,trbmr t the firms required under Rule 66H-2,1106, and any othcr information requiremeMs identified in the Application Checklist (FIND Forrii Numbcr 90 26), but such terms and cAlier submitted irJ6rrnatii.,)n must be completely filled out, executed a,,, applicable, and also establish compliance with Chapter 6611-2, F,AC, (7) inteflocal Agreenients: Applications that the Board 6eteraiines will directly benefit the of tare Atlantic fOr-acoastaI Waterway channel as documented by the District's long range dredged material nianagerywerv; plans, will direutly benefit thc maintenance of the Okeechobee Waterway channel as documented I:w the Distrkis long range dredged niateirial management Page 118 of 568 pWi., will dircetly, beriefil tiw inaintcnam-,e or improvcnicrit of District Property, rigW-of-way or navigation interests, or have Multiple funding partners including the Corps of E,ngineers as the, Project manager can quahfy for protect w"istariec through 31) intcriocal agreement pursuant to Chapter 163 or Section 374.984(6)(a), F.S. Disuruct staff will identify thew applications and present there to the Board for their determination as to funding. Interlocal agreemeru prqjeas shall comply with all Other provisions of rule:, except for pre-kT-eenrerrt expenses, permitting and property control requirements, d8) Application Presentations: Applin ations delerinined to be complete and in cornphance with this ruhs will be forwarded to the Board f'or review and then scheduled for presentation to the Board at as scheduled mcating of the Board, Applicants can decline tan make a presernaVon to: the Board by submitting a written request, (9) Application Fvaluation and Rating Score, F'otlowing the presentations, time Board will review the applications and evaluate them using the Watcrw,,tys Assistance program Application and ENakiation it orkiliceis No. 91-25 (A) through (F) for Waterways Assistarnce Program applications. The total points awarded to each application by tile Commissioners will be averaged to determine an applicalion's final rating score. The final rating score for each appkation must equal or exceed 35 points for the aptilication to be considered for fiinding assistance. Reconsideration ofany application with a final rating score cif less than 35 points will only occur ifllie majority of tile, Commissioners evah)ating the proJecl rated the project eqmO to or exceeding 35 points and Lwu-thirds of the Commissioners votc for reconsideration of" the, application. Only Applicants that are eligNe under Rule 66B-10061, FAX " " "Disaster Relief' Appflcafions," shall complete FIND loan No. 91-25F Frnergenuy Rc-Ccnstrncfion (effective (late 4 24-06, 1/20,14). (10) Funding Determination: The Board will hold a funding alkx°arion nleefing at WhiClr$ time the. Roard Witt determine the aHocation of hands, if any, to each project and the projects will be ranked by oVerrall average score, to fa6lkate final funding decisions by, the 13ciard, Allocations will be based in pad upon thc currikdative score of theapplicatioIrl"i aS. calculated ftorn the Prqjecz Evaluation and Rating Forni, Mlocadons will also be bawd upon the specific needs ofthe individual COLI'llieS. fS. Law 1piplepnenfed.374 976(l) FS HistorY-NeAr, 12 17-9tl, Arnended9-2 92, 6 24-9.1, 4 0-95, horrner"y 161, 2 006, Amendedi 25-00, 3-21 01, 7-3()- 02, _t-20 (04, 4 ?] 05, 4- 24 06, 4-15-60, 3 -25-08, .3,-7-1/ 1-27- N, 60-2,00161 Maker Relief Appllcntiiinsw Disaster Relief appheaflons may, be st2brnirted to the lr)Wrid and ccursidered by tlw Board at any linic during the year to provide assistaywc, to aTI eligible appNcant 16r the removal of' navigation obstructions acid repair or replu"nient ofwatcrvvay filcithics daniaged by a declared natural disaster, AppliloArIkS f( -q T)iS"sS ler Relief shall use thQ safne forms listed in subc&cficui 6613-2,006(2)" FAf.1 The District shall ctinsider these applications in aceordarice with thesc rules. Rulemaking Aulhor*.tY 374 976(21 FS, Lm•t, hyapiemenled 374J76r'I) PS Mstorir-New fv24 r93, Amended 2 6 P7, Fornerly lff2,006.1, A,knepided 4-24 06, 3-25-21, 662.008 Project Eligibility, I) Higible Prqjects: Finarwial assistance and support through this progTam shill] be used to plan ctr carry Out public navigation and wichorage inanagernent, pubtic recrealion, environnientid education, boating safety, acquisiflori and deVelopurrcjjt csp()jJ stites and pubficty owried corn rnercia I/indusu ial waterway access dirtelly rehited to the water -ways, acqL&ition and developrnuit ofpubfic boat rwrips, launching Ricilities and boat doching and mooring facilities, inlet nranagemtmt. inaritirne managenient planning, envronnwwal nliligation and beach reimUrkhnient. (a) Prograrri funds may be used for prqjccts SLACII as acquisition, pariniyig, devel,opment, Construction, reOTIATUCtion, extension, or irnproverrient, of the following types of procctq for public use on land arld water, I Bl esc PrOject types 'will be: arranged into a priority list each year by vote ofthe Board, I he priority list will be, distributed to applicants with than proJecl ,jpplicatj()rI, 1. Public navigation channel dredging, 2. Pubfic navig'ation aids and markers, 3, Vnlet managernent projects that are a benefit to public navigation in the District, 4, Public shoreline stabifization dirc(.1ly benefiting the District's waterway channels, 5, Acquisition and development ofpublMy owned spoil disposal site and public waterway aczess, 6, Waterway signs and buoys For rcgulalkmi or inl6rrriafion, T Acquisition, dredging, shoreline stabilization and develk)Innent of public boat ranips and launching facilities, 8. AC(.,JtJjSjtj(uU, dredging, shore1hre stabilization arld development of public boat docking 'Urd mooring fiacilhies, Page 119 of 568 9. Dcrelict Vessol Rornoval, 10'Waterways reLated crivironmental cducallon liograrns and facilities,. I I Public fishing, and 0ming piers, 12. Public waterfront parks arid boardmialks aiW associated improvements, 13 "Aariflme Management Planning, H, Waterways boating sMty progratirs and NuiprDeqn, Beach renourisfinient on beaches adversely impacted by navigataOTI inicts, navigation structures, rlavigation dredgiqg, or as navigation prqjceta and, 16. Environmental restoration, enhancement or mifigdticin projects; and, IT, Other wato-way related prqjects. Waterway pr(.ojects that do not meet SPeCjJ­JC criteria in Subsection 0613-2.005(5) or (6) or subparagraphs 0613-2,008(l)(a)L,W, 1. ,C:'..., but are located on cligible walerways shall be considered liar funding mider the priority listing of." r.other waterway related project"' and eligible fm- 25% funding. (b) IncligibIL ProjQcts or Project Flea crus. preject costs Ineligible for program funding or matdiing funds WHI 4iijjicjc: inkcellancous, reoccurring personnel related com,,,, irripyafion equipmena, ball- )urts, park and play gn-)Llnd equipment, and any extrancous M(JC46onal amemilies not dircclfy related to t1w waterway such as the foilowirl&: I, Landscaping that docs not prm,,ide shoreline stahiiization or aqualic hahitm, 2, Restrooms for non-waterway risers., I Roadways providing access to non-watemay users, 4, Parking areas fior nnn-wate¢%,%my users, 5. L,rtilities for non-waterway rehired facHitivs, 0 Lighting for non-waticruay related facilities, 7, Proje,ct maintenance and maintenance equipmen% If, flicmic shchurs and furniture Cor non-waterway reialed facilities, 9, Vehicles to transport vessels, and, 10, Operatiorm fterrILS SUCII aJ'S J'Uel, of N, etc;, 11. Office space that is not incidental wid necessary to Clic operation of the, r-nain efigibie public buildingarid, 12, Conceptual project plaiming. including, public surveys, opinion polls, public inectings, organizational conkrences, and, 11 Inlet maintenance. (c) prqewe Flements with LINgibility, Limits- Sutrject tc)approval by the Board of an itemized expern& list: I. '1 he foHowing project costs will be eligible fbi program ffmdiTIg or as inatchnig funding i1 thcv are perfonned by an independent contractor: a,. ProJect management, administration and impiection, b. Design, permitting, pia ming onginecring or surveying costs friar ciompleted consiructim pro, t, �ec c, Restoration of sites disturbed during the construction of an appmved project, d, ELlUiprnent costs. Bef6re reirnbursement is Madic by the District on any ofthe costs listed in awbpm-agraph l.. groove,, a c0ris"'Uction conlraet fm tile prqjm, approved and execuled by dre project gfmnsor and prcojecl contractor, must be sabn,i4tcd to the District. 2, Marine fire hgbting,,, Marine, law eifl6rccmcnt and oflier vessels zic digiffle for a rnaximum of' $75,0(J0 in iniflat I)jstrict funding. All future replaccnient and maintenance costs of the vessel and related equipment will be the responsibility oflliv appficant, 3, Waterway relaied envirommenuril edUCIWOn facility,' funding wilit be to those proJect (denients dirvelly related to flue Dstrict's %A,aterways. (d) Phasing of llrojectsApplicatkms for eligible wMerwa) prqjects may he subrii4tcd as a Phascd prtiiect where Phase I will include lic design., erigincering and permitting., elernenis arid Phase H will include; the constracfioin ofthe project, A description and CIDSt CStinlatC 01701C PbaSC It NN07k 511411 be SUf.IMittcd along with the Phase I applicarion for Board review, (2) Property CcnuoL The site of a riew proposed Utnd-bascd deveilopment project, wuh the exception of those piojects rcquQst6,,ig Small-rev alv Spoil Island Restoration and Enhancement funding, shaH he dedicawd for dic public use for which, the pro cut wove intended for a ITliffifflurn period of" 35 years after project comptefion, Such dedicafi(m shall be J in the, ficirrii of a deed, lease, management agreerneril or other legally binding document and shall be recorded in the priblic property records ofthe courity in Which the; properly is locate& Thk propeily controt rtafulrcrrtcrt also applies to a project site c�wned by another goverm-nental Page 120 of 568 entity, The governmental entity Oial owns the prqjcQt site aiay be, joined as as co-applicant to uleet this property control reqWreawnt, Existing iwd based do�Ooprncnt projects that are being repaired, �-ejflaced or modifled must dcrrtonstrate that the priiiw site, has h P -oerty shall also , ccn deck for ubfic use Cor at least 25 years w4lt at least 10 years rentaining on the dechcation docurnerit, 11rol be deerned doficated fent public rise if (a) 'I he property has been designated for the rise for which the project is, iritcrideld (even though there nray have been formal dedication) in as plat or nrap acceded prior to 19/10„ or (b), The pricica sponsor dertionmaies that it has had exclusive cantrot over the property for the public use For which the project is imended for a period of at leasi 30 years prior tosubmission ofthe apilitication, or (C) There is fir) on?c4rig litigation chafloigine the designated Use (it tire property as shown on the plat or neap, mra ha„; there Ixen any judicial determinat ion contrary to the use b!p the poblic tsar tire us—c shown on Ole plat or rxlap. j3) Perrriiti- The proect sponsor is rcsponsNc, for obtiining and aHdinC, cy by any and aH federal, slate rind I(K,,al perinits, daw, , J proprietary authorizations and regulations in the development and operahon of the project. Appficants lor constructinin projects that irwlude e�enienk that require state or federal enviroritnernal pernnits or proprietary aufiiorr7afionq will dernonwate tImt, all ruquired envitonmcntat permitting and authorizations will he cmvpIcted by the third Monday in September. 111is will be by submission i f the required environmental perrnit(s) atd authorizations, or by subaOssiolo ol'a letter frornthe agenc ls;B statirig ihai a, permit or authorization is not required. Faihire to firnely subivit Ihe reqUired environmental pumriis arid oulthorizations i.,.)r letlers stating such pertnit, or authorizatons are not required vIlAl result in telae application not bcing corlsidered lor fiunding l4) Public Marina Qualifications: All public marina projects funded flu OLigh this prograyn shaH include sewage purnpout facilities for vessels, unless tire applicant can derimnstrale (hat incluson of such a facility is physically, operationally or economically irupl`d.Cticable, AH public rriar4ld projects funded through this program shall leave at least ten percefrt 00%) of their slips orrnourifjgp, areas J'J,)T Rraras euid ase J>LsbfiC filnrinae d4.-ickage raies, shall be whhin market comp prison of ale dock'age rates of other area marinas, The public rnarina will be required to establish and maintain an accourlting ofthe fir ads For tile fiacitily and shall plan for and retain ud all times sufficient funds for the ort-going maintenance of the facility dwing ils project lift:, (5) The District rnay assist eligible, iocal govQmmunts with cffurts to prepare arid iniplemerit a cornpreberlsive rriarAinie managernent plan. TIT PhIrl ShAH be Utilized by the cHgible to promote and maximize the pubfic beriefit arid cnJoyrn(I.,Jll of eligible vvatcrways, while idemifying and priorhizing die watermzy aecesneeds of the community, The plan should inot diupkcate atay cNisfing f'r ongoing efforts f'or the sanne Waterway w water shed, nior sfiafl the District participale ni any effort that does, not address the basic ritarilime tweells, of the,cc,�mrnunity, fa) Existing, plans may be updated at reasonable intervals or arriended to ilwlude waterway areas previously not included in the original effbrt. Public, gov,crnmQvit, environinental, industry aaid other pertinent intereit pvoupsshaH be SOIicitedand included for inInH in the planning pro=s, (b) The P12TI 011111 be Utilil(O M o tool to) provide, a minirnrun 5-year planning fIrlalySiS a'JDCJ foreeaM Icer tile Maritime needs of the COMMUnity, and Shall include, at n1inimurn, ale fWlowirig: I , Public boat rump and rarnp parking invewory and analysis, 2. ?ublic nworing and docking facilky analysis, including day docks and transient Mips.. 3 Cornrnercial and wcirkine g wznerftora identification and needs, analysis 4 . The identification, location7 condition arid analysis of existing and pc)wntial navigation charnels, 5, An inventury and assessritent ofaccessihlc put)Nc Shorelines, 6. Public Waterway transportation needs. 7, Environmental V,()rAitioris, that aI'Icct bwu facility sning, a Current resource, irivcntory mirvey, and restormiori opporjkjrntiv, 8. Lconoynic coridifiorts affecting the bcmting community arid boating facilities 9, AA miovIedgment and coerdination with exMing data arid lrQfudjng an empbasis on the �Inrracoastaj Waterwav, (c) PioJects re(pUested For assistance prograin lunding ;,halt be consistcrir with the applicant's ni'mritiMC mariagemeinr plart Tile applicam s1nwid udlizc the plan to assist in prioritizing, wverway iinprovernent prp9ects (6) Ail eligiMe envirioninenial restoralri(M, enhancernent or miligalion ProjCCJS aS WCH Is tile vrivironmental restorafion, or rnitigalion components ol'other types of pr4.iiects shafli be required to pursue and assign any a%railable rnitigatkm credits to the District fi.,,r that share of' the piuuect fundied through the DharkV� Assislr,,,�'ince Prograrn. Ai� eligible enviroruncnta9 restoration, eliharleenrlent or mitigation projects shall provide public access where possible. (7) F inal Decisions: 'I'he Board wflt make ah final decisic>ns oro the eligibiliry ol'a project (or specific project Costs, Page 121 of 568 Auiemak�n,, Aulhmitj) 374 976(?) f,& ).au, Implemenied 374,976(1r-(3,) /-a I lislory- Nel4 17-17 90 biwnded' 9 2 92, 6-24 93, 2 3. 94, 4. 12-9.5 9. 5 96, 2-6-97, Tormefty M."I'2.00S, Amended.1-17-98, _; 31 9 , 5 25 00, 3�21 01, 7 30 02, .3 20-0.3, 3.-3 01, 4 15 07, 3-25418, 44,09, 222-10, 3-7- 11, 3-742, 1-27-N, 2-U-15, 2 21-16, 3-25.21 66B.-2.009 Project Administration. fhe District will appoint a project inanager who shall be erespe)nSible for rrwnitpjring the pioJect mid the project agroenlent, 1'he project manager shall also be responsible for approving all reiTnburscmew requests. The pri.,Ject sponsor shalt appoint a liaison agcnt, who will be a MVMIXF (lf tflc� cligiWe applicant's staff', to act on its behalf in carrying out the terms of the: procot ,q,rCClncn1, J Administration ofthe project be as CoHokys: (1) Projed Ag.rcenlent 1 -or mich funded project. the District and the, prcJect sponsor will enter into to pro ' itel. agreernent. 'J'he project agrccinent shall be executed arid rewrned by the prujcet sponsor within six (6) rnorrths of the approval ofthe TarojecJ fUirlding and prior to the release 0 program funds, sctting forth the rnutual obligations of the parties conceriling the prf) ee, l,),:rlcct J agreerrient shall hworporaie tile applicable poVc1cs and procedures ref the: progTwn as outfined in this rule, pfLcJect agreenients will be ffir a two-year, period with lire: pusNibflfty for one. one-year exlension Any request for a olw-year cxter),,,,Jon of fiulding shall mquire submittal by the PRMECT SPONSOR of a request for extension to the DlSTRl(.,T no later than fUly' Of' fiscal ycjr- two jjfthe approved project. This request will then be considered by the DISTRI( -I' Blowd, whose decision sInflf he final. In review of' these recluiesis, the Board will take into consideration the current status and progress of the project and the ability of the applicant to cornplete the project within one additional year. (2) Matching Funds: The project sponsor sfiall clearly identity and enumerate the amount and sourck,01 the matching funds h will be using to triatch the program fUnds, supplied by the. District for an approved proed. 't he pro e(A sporlsor shaft pro%,ide suilable J evidence Tbat it has the matching funds available at the lime the projecl agl-eernent is CXCCUted. (3) Agreu­nent Mmifficatiom All proposed changes to the projoO agreement muse be submitted to tile District in writing by the prc6ect sponsor accozyipwiW by a stazeullerlt Of jtl'fifkati')n for the proposed changes AH proJect agreement vnendnients, ,shall be approved by the District Board, except that the Executive Direejoyr inay 4PINOW K M4101- ProJect agreernent arnendment for a project withir a counly with the loc:aI District commissdoner`s concurrcnec. A minor proJecl arncndmcnt Shall nol Change fhe approved proJecl's category, result in gra of more than 35% of' the appfoved funding of the prqcui among prc)jcct elernQuts, nor aHow icer as g reater than 3 511,4o cul: anpe in the pro ect scale or scope of'work, Prq'�cc( agreement anlel J , idynents will not include a Change tcthe approved project's location or a, changc in the approved project's fWLapOSC Or J,)T()jCCJ type, Agreed changes shall he evidenced by a fornial amendment to tile pro.led agteemcni and shall be in cOMphance wifli these rules. (4) Project Rctportiny: The liaison agent will submft quarterly reporlrtS ui the project rnanager, SurJlnJ8r1iZjrJg the, work, accomp�ished since the last repwl, problems cricountered, pereentage of project completion and ()JlCy jlppra)prjaje hifirr rit, These reports shall continue throughout the length of the project period rental COMPletiOn, of the P,,,j,,,,. 'flue rcpr,rt shall N.° stnl.)ujitt"l on aorto 95,-02, "Assistance Program project Quarterly Status Report,,„ dated 7-30-02, barely incorporated by refCTMCC and available at the District office. A Final Project Rq)ort shall he submitted at the cornpletion of the project and %halt at minimurn ijlckldcn project stuninary, photo cif completed project, final cost, project benctits to ft waterway and locafion, address, (5) Reimbursement Requests: The flakon agent may submit periodic reinibUTSernent requesis during tile period ire accordance with Rule 6611-2,011,, F.A.0 The project rnanagcr will approve or cHsapprove all rrejntahurscrnent requests. The final payment ofrprloe.WJl funds will be made upon certified cornpletion of the project by the District. (6) Project Inspectiorr Upon reasonable request, the project. Tranager shall have the right to it'spect Lk proJectandzany and all records relating to the project. (7y Project ('inInple, ,iorrl, 'I'fie project sfiaH be ccimpileted vvidilirl three f,13I years of the date cif thee. beginning (ofthe District's first fiscal year for which dle pro' jw was apprravcd. 11"the cornpetion ol'a project is irnpacted by a deiAared SLAC ofentergency and the Board waives this rule section, the extension ret tune granted shall not exceed one addiflonai diroc, (3) year period. (8) llroJe'ct Completion Requiremenw Upon coutil4etiort of' the protect, the halson agent shalt providv tile fohowing, to gle Project rrlanager� (a) A Project Completion C.ert'ficale, FIND Forro No, 90 l3 (effiective dale 7-.10-02), hereby htM"POTated bv reference and availabte firorn the Distrio office. which ccrtifiethat the project "as Completed 'in ao:,urdance With tile project agreement and the firtal project plans. (b) A final rcimbarsenient requem accomparued by all re(p6red hiffing staiernents and voucheTs, Page 122 of 568 ,raplu,$) showing the unstaflation ofthe sign required by Rule 6613-2.W3., F.A.0 (d) l"horograph(s) of the completed proJect dearly showing the prograryt improvernents, (9) Project Completion Review: J lie pvoica manager wfll review the projw. completion package aM will aulhorize or rejcci the flnM reinibuiservent payment which wHl incttide all relained funds frorn previous requests Ridesrnakmg Awhorily 374.974(2) FS 1,aw Implemeared 37-1,9760) FSd 11kro?y-New 12.17-00, f,'i,)rmarN 16)�-,"21 0 7 30 02, Imended 3. 3-7-41, 1-27-14, 3-25-21. 66B.-2.01 t The Dis[yict shall release program funds in accordance wx'hh the terms and condftions set fbrth in tire prfrpect agreement J'hjsTt-[eaSC of prograrn Funds shall be on a refinbursenwnt only basis. The District shall reirnburse fl-ic prqject sponsor for project costs experlded on Ow, prqject irr a"OTJZVrCC will the proJecl agreement. PrcJect finids W be rvituburscd will require the subrnission of` as Reirribursernent Request Form and required supporting documents, FiND Form No. 90-14 (efiectlVe (late 7-30-02) herd)y, inc-orpor-aled by reference and avalluble frorn the District office. ( 1) Nuthorized hxpenditures-1 ProjOd funds 5h all not be Spent except as consislent with The project agreement cost e.sthnate that wa.s approved by the Board, which shall be an attaclirnoit to the project agreernew, This cost estinlate will establish the rnwJrnum funding; assiswncc provided by the Disti-ict and the Percentage of runding provided by eu.ch party to the project Thc DiStfict Will Pay the lesser of-. (a') I'he percentage total of'prqject funding that the Board has agreed to fund, of (b)'I'he maximurn application frinding &ssistancc arnount. (2) Phase I Reimbuysernent: In accordance with these rules, reirriblursemenr cannot be, made on a llhk,ise I apphc;a,ion wufl a construction contract is excLuted by the applicant f1jr fl'ie construc.OWI phase of the proiecL If the 11haLse I project is completed but a cons1ru.0u)n cornract is not executed by tire three (3) year project dvadline, them the Distr'i'ct shall only allow oniff (1), year fron-t the Phase i project deadline to enter info the required construction contract befiote the Phase I funding is cancelled. (3) R6MbUrS�,!Ynefrj RequeMs: All prqject costs shall be reported to the District and SUJrrrJfJJZJJiZC(J on the R.cimburscment Reuest Fonn. All requests for reirnbursernent shall include sut)poyiing Clo, such rts b"fing staicinents Cor work perforrned and cancelled payniont vouchers 16r expenclitures made (411 Ketainiagc: The Dktrict shalt retain fen PcJrCcrwt (IO ) e)Fall reimbursemcm payinents until final kxrtifwation of Completion of the The District Shalt vwitMold any reirnbUrsement payment, elt.hwr in Mx4e or pan, f6r non-corriphance �Niith the terMS Of this agrecnicnt. (5) Check Presentations: A Distfict reprcscn1z1Ne "Jruajl Prcs ,crit thc final reirnbuisernerit check to the Project sponsor during a public COITH-nission rnccw.ting, or public dedication ceremony fear the proJecl 140 lity, (6) RAXOVery of"Additional Project FundirigIfthe pr(.sect sponsfor reveiveb additkmafl funding fbi, the proliect costs f:r(m-n anoilicr squrce Cheap %A,'as not idenfified in, the original application at(] that changes the agreerneat cost -share f)CrCc11Mf�,C, the PTOjUct Sponsor shall proportionately rcirnburw the Disirio's prograrn funds equal to the cost -share percentage in the Approved pro' ject aareemcnt The proJect spoicor shall promptly notify the District of any project payments it receives from a source other dian the 1)isuict. RulemakingAuUmnly 374.970(2,' FS taw Implenrowed,37,09?60) FS, flisrry New 12 17 go, Amended 6 24 93F'6rnlerli, 167 ,2,011, Amended 371 914,7 30 02, -3 f 66B-2.012 Accountability. The following procedures shall govern flte accountability ol'prograin funds: (I) Aeco undngEach lyrolect sponsor is resp onOble for ma40rjjtdxILI an accounting; systcnr which newts gcneraH ' y accepted accounting principles and for maintaining such financial records as rieccssary to properly account far ail prograrn ftinds. (24 OLlarterly Reports: The project sponsor shall subtnil quarterly projecl slatus reports lo 1`lNt) in 'accordance with suhseclk)n 66B-2.009(4), F,A,C Completion Clerlification- All required final completion certification docurncnts and rnateriak as outlined it) Subsection 6613- 2 (ri()4)(S)' ll',w.(".' ()ft&tj ; rule shall be Fwhndaed J() J,Jr)e Distriel prik)r to Final reirribursernent of program, funds. (4) Auditing: All pro '�cct records includling project costs shall be avaflabk, for review by the Distria,,t or b), an atiditor ielected by the District for 3 years after corripPetion of the proJect. Arty such auD expeTiscs incurred shall bc Ihnairne entirely [)y tlrIC pfl()' ec t. sponsor. Page 123 of 568 (5) Pro.imt Rccur&.c: 'I he proJect sponsur shafi retain all rccordq, supporting proJect costs for three years, after cither the cornpietion of the project or the final reirnbun-ement payrnera, whichever is later, except thm should any hfl� galion, clairn, or special audit arise be6bre the cxp,.iirafioii of the three year period, the protect spon,,.;or shall retain all records until the final rcsoluJon of ouch matters. (6) Repayntent: If ft is found by any Swe, County, FIND, or independent audit thw program funds have not been used in accordance with this rule monad applicable laws, the project spa.-)nsor shall repay thc misused program funds to the District. Ra.1cmahing A uthwny Law 1o;s)1eiwn1cd 374 9761)) FS Hiaw IV New 12-1790, hormerilt, 161-2.012, lmieu�ied 7-30-02. 66B-2,013 Ackno,4led gemeint. The Project sponsor shall erect a pennanent sign, approved by the District, at Ole entrance to the project site wh,ich indicates the Disuict's parficipation, an the project This sign shall contain the HND logo, In the event 111.1 the FVOIect SpOnsor crects an ferriporary construction sigrv, this sign; shall ak'o rcccrgrflze the District's participation, It' ffie final product of the project is a report, study or othv pubheation, the DNtrict's sponsorship ofthw publication shall be prominently indicated at the bcgirnflng offhe pithlication, if the pro ect residts in an educational dispiav, the District's logo and a stalemcm ofthe Distr�cl's parLicipation 'i ill the J.,.)roject shall be containvd in thio display, Rulemaking Awhorej, 37.4. 76(2) FS, Lam, Impleawnied 3,74. 976(1) 1,S ffistorY New 12-17-90, Fornpurl.), 16T-:'013„ A mended 2 2 10 66B-2.014 Small -Scale Spoil Ishand Restoration and Entrancernent Projects. Noposals shall be accepted For Ow restoration or enhancenrient of'spiAl Wands avid natural i,_Jands within the, District's Waferways for recreational, naOgtnional, edmAfional, and oiOrotialienlO purposes 'the appHeable provisions of this rulc apply t(tn tfjcse applications )ATiti the following additions or exceptions: ( I ) Appilication Procedure A Request for flropoals procedure Mll be used to request pr<)posals For consideration. Proposals shall follow the f'or-nat described in FIND Document t,'03-02, Caapi for Proposals - Sinall,Sctfle Spoil Island Resroration VA Enhancement Frograrn (effective clate 7-30-.02), hereby incorporated by refiercircQ and available from the District officc% Proposals rnk,, be submitted to the Distrfct and considered by the Board at any tilve during the year. (2) Matching Funds: Small scale spoil island restoration and crihancenterit may qualify lor up to ninety Percent (cltB'O) piograln funds. Floe apphcarfl's ten percent (M%) matching funds may include in-kind contribution pursuant to paragraph 66R-2.01 4(4)(b), F A .Cl (311 Efigibility: Afl proposals must rneet the follo%ving etigibiflty crftefia to he considerecl for frinchng: (a.) Management Flan (I I 'omphance: Prcjecls shafl bt, ln complianct! %,,61h they provisions ofany Spod Islami other nianagorrient plans ghat govem the No ect site. {b) Property (.'omrl:)L The llurpecl Spon.c'm mum have v'rilten Property rights on the,Pro ' feet site to c(instrUd arld maintain time To uct lbr a iri�nirrmrn of l7we years, Such property rights cart be in the form of a tease, interl Z11 J ocal a9feement, use aurcerneril or other legal fcrrri approved by the District, The, apfAicant shaH inc.hide a reap clearly, delineating the location of all proposed Work included in tile application, (4) Funds Allocaliow Funds shall be allocated flursuant to Rule 66B.-2,005, T,A.C,, subject tO the exceptions identified in this ruic:, and with the, following addifions-. (a) 'f he Di.,,arict sliafl fund a MaXivnU911 of up to $7,500 per proje.ct, riot U.) exceed $22,500 p�er County, per fiscal year. (b) The PTO.ICCA Spensor may corttribLuC in-kind cornsina cdon labor, such in-kind construction labor costs Wfll, not be columed by the DNtfict as exceeding; S 10,00 pey fioui% No adinirristrative costs can be incorporated into the Project as Pro,ject CoMs. (c) "lire Uiding provided by the District shall only be allocated fot specific Pr(a�yect expenses such as construction mat&als, plant materiak, herbicides, etc. The funding provided by the Distf ter shall riot he allocated fcr pm -tics, food (�IT beycrkkgci Autharay 374,97ej,(Z) Jra�4' Implernemed 374,97(;(J) PS Hiswrw,­,Vcw, 7 30-02. Atnended 1�24 (mi 3 7-11,3,25r2l 666.2.01S Small -Scale Derelict Vessel Removal Projects, 1111ciplosak shall be avcepted fair financial assistance for the; removal of derelict, vessel,,,, widlin the, Distflct,s vvalerways. The applicable provisions Of this lIvIC apply to titeSC appliCartlC)ns %Vitfr the fbll�.)"6ng additions or exceptions: (1): AppficaGon Procedure Apphealiuns shall be submhted on as completed FIND Form No. 05.01 (SmaIl.SQale Derchm Page 124 of 568 Vessel Rernoval Pograrn) (effective date 4-24-(h6), and F'IND Form No, 01-06 (Brasil -Scale Derelict Vessel Rernoval Program project Cost Esthnate), (effe6ve date 4 24-06), hereby incorporated by reference and available froqr tile iSrtICt of Applications inay be submilted to the District and considered by the Board at Tiy tinwe during the year, (2) The District shall only I'Lind applicants that have identified derehet viessets To bes removed and have a current bid for rcrrtoval for such vessels, or have completed the rernoval O'such vessek within tire 6 months preceding the application, subject to cligibility under tlicsc prograi'n ruivs. (3) T'he prograrn must be sponsured by an eligiWe government agency, or not -for �proflt orgar6zafion. (4) District Wnding shall be limited to S75,000.00 per county, per year, provided on a reirnburwrticrit basis only. 'I'lie innitation on pre -agreement expenses may be waived by the Beard in accordancewith subsecflon 6613-2,005(3), F AC (5)'1 he cfigiWe applicant must provide, the remainhg niatcHng funds for project completion fri no case shall the T)jqtrjcfIs ca�.ast- share contribution exceui 75% ofthe total projevr, costs, Ira house: prc�ject manegtMerlt (wr adn"T"StraTion costs, are not eligible costs or niatching costs, (6) Tbe derelict vessel must lie located in she District's Waterways, as defined in Rule 66B-'2.003, F,A,CThe applicant shafl include a reap clearly delineating [he lt,catkin of all vessels included in the application, (7) IN: District shall be recognized wher) lx)sqi�Me in all written, audio or video advertising anal promotions as a, participating sponsor of the program. (8) The funding!, fitovided by thc Dktrict shall only bc allocatecl for removal of derelict vessels, The Dstrict is providing program reiniburseynerit funds only and shall bt field harntess with regards to the activities initialed by the applicant. (9) The app4anl, stiail be responsible for all mairricnance, managernent, disposal and operatijrtg expenses associated with the prograrn, ( 10) Funds derived from the sale; ofany derelict vessels, 4-w vessO parts removed through this grant proogrmn MUSIr be' reinvested into the applicant's derelict vessel rcrnoval prograrn. I 1)'l lie Distriv( Board shall make all final decis'ons concerning the provision of unding for this prograITI, Rulemaking Au#u-,Miy 374,976(,',K FS Ln4 Ineplemenied 3,,f,976(1) h"S Jjf.5f()n, A,'ejjt.124 06, Amended 4.15.l)1, 3 25 08, 3 2;' 14 .3-25- 2i. 66B-2.016 Waterways (-.1eanup Events. Proposals} shall be accepted For i-mancial assislarice for the orgardzed removal of' refuse within the District's waterways, The apIpficable provisions of Ilds rule apply to these applications with the following additions or exceprions: ( 1) Application PtOCCCILKC: Prior to the evem, a reqUeSt for funding shall be subrnlted io the Distinct by means of cover letter deudling, the occurrence of the cleanup. contact inforination, a neap of the clearujp locations and the general paraincters of thew evcrot, In addition,, the Applicant wilh subxr6i a detailed budget clearly delineating the expenditure of',W District funds, as well as the (Yverafl general budeet, of event. Proposals apay be subMitted to the District and CODSidered by the Board at atly Rime daring the year. (2) Availabflily; rhe F)Mflcn, shall fund a maxi;nurn of one clean-up prograrn per watem� ay, per year within a County, Willi exception to tirIC provisions of'subsec6ons (8) through (I0), belmN, (3) Applicant E`Ifigibflrty: The clean-up proLITWn inust be sponsored by a govemment agency or a regislercd not-for-prorn corporation (4) Funding: District funding shall be firnited to $5,000, pet" wateTway., per cothilly, except for the provisions of'subsections (8) through (10), brflow, (5) °l` 'lie, District shall be recognized in all written, oral ne7 anchor or video advertising and promotions as a participa6rig sponsor of the clean -Lip progyram. (6) Funding Efilgibilityr I'lle funding, provided by the Dstrict shall ony be allocated to reirnburse the applicant for outofpocket expenditures, related to specific ckeanijp proLIMTI eXpVnSes, sUCh as trash bap',N, trash coketion, haill and landfill Cees, gloves, advemishig, T-shirts, and related experises, The funding provided by the District shalt not be aHocated for parties, rneet4igs, food (u (7) The District Board shelf rnAc all final decisions cancerning the provision offunding for as clean-up progiarn, haddition to the requirements stated above, a clearinp PrograrrL inlj plerrioning all of the following additional incentives vQl qualify f'UT Up to ar(ldifieklal $5,000 in clean up funds (8) The clean-up program budget must provide equal or gveater inalching Funds for all Nayii _�ation District funding. Page 125 of 568 I fie appliumt shafl tally and repor the composition and locaflon of ffie watemay-reizted debris, w4h the eo,11 to show defillifive progress a" the "Inlount, of roNsc Qollectecl as ruducfion in the ovmM debris in the waterway, or an increase iit thc number ofadditional waterway areas included k -i t1w clean u (10) For eacli additiond SI,000 iai Navigali�on Distiicl lwsding, the applicant :shall coordinate a minimunj A,.)fcqje wmev-way coflectkm point or dean up area, or an apl.)Hcam can conduct an additional waterway cleanup preogram lorthe wtiterway areas, RhICOWkirtgAuthorhY �374 976(2,) FS laii Irnplevnerm',J374 976(l) I'S lfiruo,-,Vc% 3.7-11 Page 126 of 568 MORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Sponsor: 7�f) Projiect I'We: p, &4p�liee. Vkk k)�H ProJect Phot one, Source of"Mat chi ng Fu nds; ........... Arnountof Malchint bunds: 0 I hereby certify that the above referrenced project Sponsor, as of October 01, 2022, has the required matching funds for the accomplishment c)f the ref renced project in accordance willi (lie Waterways Assistance Program Project Agreement between the Florida Inlanid Navigation District and the Sponsor, dated Project Liaison Nairie Yry Project Liaison Signature: Daw: 8/310/& *S. 837'.06 Horida Statutes, False officW staternents, - Whoever knowingly makes as fatse staternent in writing wkh the intent to mislead a public servant, in the performance of'his or her ofllcial duty, shall be guilty ofa misdemeanor of the second (le vee, punishable as provicled in s, 775,082 or s, 775.083 RS, FIND Foran No. 95-01 New 919195 (revised 7..:30t 02) Page 127 of 568 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT SPONSOR� ,mount: of Assistance A Less Previous Total Disbursements P, and Less previous Total Retainage Field Balance Available Funds Reauested This DlsbUrsement Funds Requested C. Less Retainage (-1011% unless final) D. Check Arnount Arnount of Assistance= Less Total Prior and Current Payments :Including all retainage held (B+C) BaIlance Remaining SCHEDULE OF EXPENDITURES Expense DescriptionCheck No, 'Votal (Should, correspond to Vendor Name and Date Cost Cost Estirnate Sheet Categories in Exhibit "A") RND - Form No 90-14 Effbotive Date 7-30 02) PROJECT#:, BILUNG4� M �NOTE S�gnatwp Requ�red on Page 2) N Page 128 of 568 FM) - FC)rm No 90-14 Page Two Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "'A") EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Check No, Total Vendor Name and Date Cost Applicant FIND Cost Cost Certification for Reirnbursernent,', � (,,,ertify that thie above expenses were necessary and reasona,ble f the accomplishment of the approved project and that these expenses are in accordancA-, with Exhi "'A"' of the Project Agreement, * I I m *S,, 837,06 Florida Statutes, False (.4ficial staternews. - Whoever knowingly makes a 61se st.atement in writing with the intent to mislead a public servant in flier perfonnance of his or her official duty shall be guilty olf a misdemeanor ofthe second degree, punishable as provided in s, 775A2 Or s, 775,083 F.S. FIND Fermi No 90-14, Effedive Date 7-30-02) Page 129 of 568 EXIIII ITE 11,0RIDA INLANDNAVIG ATION ISI mcr ASSISTANCE PROGRAM Pmject ("broil etionCerfificaflon Sponsor: llr(.�ject Title: Project I hereby certify Lhat the above rcferenced prqject was completed in accordance with the Assistance Program PToject Ag,re emeet between the Florida Inland Navigation District an d dated 20---.--- , and that al I fu.nds were expended in accordance with Ex,hibit "A" and Paragraph I of the ProJect Agreement, * Protect Liaison Narne: Project Liaison Signature-; mm 1,S. 837,06 Florida Statutes, False officW statements. - Whoever knowingly makes a false statement in writing with the inlent to tnislead a public semant in the peribrrnance of his or her official duty shall be guilty of a misdemeanor of the second dearce, punishable as lirovilded in s, 775.082 or, s, 775.083 1`& FIND Form No, 90-13 (EMclive Date, Y2.-17-90, Revised 7-30,02) Page 130 of 568 ASSISTANCE, PROGRAM PROJECT QUARTERLY STATUS REPORT PROJEC"I'TITLE: PROJECTSPONSOR.: REPORTITRIOD Oct l-[)cc2O Jan- March 20 April-June20.q July S X 20 Report Ditc: (Dee 30) (March 30) (Junc 30) (Sep 30) WORKAU"OMPLISI IED�- PROBLEMS ()TI IER N01"ABLY" ITEMS: Form No. 95-02 (FAective Dale: 7-30-02) Page 131 of 568 FAHIIIIII, GI misisupavin isomm" summa,F: OCIUBER 2022- Pnqecl Agrecinent r.,xeCLJI&d, 1�1roje(:1 DFIC'EMBER 30, 2022 Rmt Quanedy 10por; Due. Usu (Qu arinly Maws Repwi Fbnn EdiNt F NIAR( Al 39 2023- Second Quailerly Reptul, Duc.Werway_ assiMance-lnogo ams,,IndeKphp ATNE 30,2 023, I'MT(I Ouanc,,rly Repul Duc, SEPTVNIHM 30, 2023 - Foumh Quanctly ReMwiMe,, DECEMBER 30, N123 10h Quanedy Repon Due NIAM'.7H 30 2024-S�xffi Q)uarterly Repuirt ]Due,. JIJNI E, 30, 2U)II - Sevenfli QLmoe�,ly Repov, Dt,ue !VOIT'.- fthe jwqjecl !vill nol becoinl4eled and all clave tout pa1wriwork subiniut,(I b.y 8'eplember 3011 , a requesiJbi- a I.jk?;QMnWn Qhe conplVefian thite q(the prfjeel sho),Wd besubs nined st,ifIl the June 20.24 quarb.,?P&ref)ort. SEPIENIRIM 1-30, 2024. �Vcirk on (Iosc'ow P,',IjKTNV0Tk CloseoiA p,,qx,,r\,vork of� K 141"1 Compkton Unlfcae, HND 4'onn Non 90-13 (anwave W T30121 mfOh Wna that the proje(,,� Nva,; cmQowl in aomadmw "Ith Ow InTlect agrec�ncna and the Banal pil-(�ject 2. A l'uncd ic-in*urseirtent requc,sl accompanled by uH iquOd supporfing dioa,,wncml-jjjon cncjucfing bffl�,, and cancel,ed J,)aYIncw CO: CX[X'J1dk0rc,s,,, 3-10otogimph(s) showing die WWWW(AW Agn mqdmd by Rut 66HOLI 3, 1 AX, T Pinvograph(s) W da; conipleted jmtml deady shinv&M Q prograrn hipmve,nenis Opp, or tit" kmnw) 5 A I i n a l Pi u led Repoi I ( 1 -2 pages) Vat shall at inkhroWU include: picycu nanic Enul Ulm, jvqjcct �Imlrrlar' .Y, final Cost" and pn,ujvcl bencp'ms to tile, SEPTENURR 30, 2024 - Bid WKWI. All mTwk inuM be cxmnph;tc closcou�, papet°~•rvork, Oculer 2024 fhdsh rwocesshg eks,"n paperwork- Pc!rfcwm prqjCCt i"SlIection and submit final ruinifawsevicia Mck and cowdinates check, pre!,ie nlation %,Jth sponson PIVO IWAN YAH) ID11164 -7'1'()A,Y to the PRIVECIAN archance n(,vic(,r,,, cineirri,ol, vvrillen q, iiagvezl (?' th(,, Frisiricl 7he 1�)r to flwjnyyectroost ),voulfIbe qfier bythe PROJECT SPONSOR, vvith the reporlivig,, sch ed tile 't�' ['1101ibit (,; may ivmdl in revocadon cl this agreemen( pursuant in YcHon 13 of Hm Invimt agmement, Page 132 of 568 EXHIBIT H Page 133 of 568 C00111 Consent Agenda 1/3/2023 Requested Action by Commission: Proposed Resolution No. R23-003- Approve and authorize the Mayor to sign a FEMA Building Resilient Infrastructure and Communities Grant (BRIC) grant application to the Florida Division of Emergency Management (FDEM) for the Heart of Boynton Infrastructure Retrofit and authorize the execution by appropriate City officials of all documents associated with the grant application. Explanation of Request: FEMA Building Resilient Infrastructure and Communities (BRIC) Grant FY2022 is a $2.133 billion federally funded program (with $50M per sub application). In Florida it is administered by the Florida Division of Emergency Management (FDEM). The program aims to incentivize natural hazard risk reduction activities that mitigate risk to public infrastructure and disadvantaged communities; enhance climate resilience and adaptation; encourage hazard mitigation projects that meet multiple program priorities; and incorporate nature - based solutions. The Heart of Boynton is located in central eastern Boynton Beach, on the east side of 1-95, south of the SFW MD C-16 Canal, north of Boynton Beach Boulevard, and west of US -1. It is a mixed-use neighborhood located close to the Atlantic Ocean and is home to a historically low to moderate income (LMI) neighborhood. The project area encompasses approximately 288 acres. Through an award of funding from this grant, the City intends to complete infrastructure retrofits for stormwater, water, and sewer infrastructure, as well as roadway resurfacing or restoration within the disturbed areas. The City is submitting an application for funding to mitigate risk of flooding and aging water and sewer utilities in the Heart of Boynton. The requested grant funding for the project is up to $42 Million with a local match of 30%, or approximately $12.6 Million. Florida Division of Emergency Management (FDEM) is the applicant and the City is the sub applicant. The Notice of Funding Opportunity (NOFO) for the BRIC FY 2022 was issued on September 30, 2022. The City presented to FDEM a Notice of Intent on October 13, 2022. After receiving feedback from the State, the City submitted its BRIC Heart of Boynton Infrastructure Retrofit application using the required FEMA GO Portal by the deadline of November 14, 2022. FDEM is evaluating the proposals and will submit the selected sub -applications to FEMA by January 27, 2023. Currently the City is responding to FDEM request for additional information. Grant award announcements are anticipated by July 2023 for an estimated project implementation period of July 2023 through July 2026. The Grant application was signed electronically by the City's Grant Manager who is a FEMA GO Authorized Organization Representative (AOR). At this time there is a requirement of wet signature on the final application by the City's Mayor. As the project is under review there is uncertainty regarding the extent of the amount recommended for approval by FDEM to FEMA. How will this affect city programs or services? The goals of the Heart of Boynton Infrastructure Retrofit project are to improve the operations of critical water and wastewater infrastructure through optimization and reduce flooding through the installation and improvement of stormwater infrastructure. By replacing and Page 134 of 568 improving the infrastructure in the Heart of Boynton neighborhood, the City of Boynton Beach is protecting residents, businesses, and visitors from utility failure. There are 2,246 residents, many of whom are low or moderate income (69.02% according to the 2020 U.S. Census). Fiscal Impact: The requested grant funding for the project is up to $42 Million with a local match of 30%, or approximately up to $12.6 Million. The City is considering an application for State Revolving Fund (SRF) loan to assist with financing the project and providing the matching funds that would be passed through the City's Water Utility Fund. Alternatives: Do not approve and remove the grant application from consideration. Strategic Plan: Building Wealth in the Community, Public Health and Safety , Environmental Sustainability Strategic Plan Application: Climate Action Application: The BRIC program supports the implementation of climate adaption strategies recommended by the 2021 Multi -J urisdictional Climate Change Vulnerability Assessment. The City's continual improvement in its resilience and sustainability program, along with active participation in the Palm Beach County Local Mitigation Strategy (LMS) and the 2020 Flood Mitigation Plan, had improved the City's competitiveness for state and federal grant programs to implement future flood mitigation and resilient infrastructure projects. Is this a grant? Yes Grant Amount: Up to $42 Million with a local match of 30%, or approximately up to $12.6 Million. Attachments: Type D IRE) ()L.Jr66 111 D (3)lr'alr t appIicat116"Dlr'rl D f$ -,ib w;S hE)E)tS D ffaclhtlrTIENI'lt Description I E)SOkAtioin alplplr'ovilrg II:::::IC::.I ERIC (::yIr'a int ICS ICS II li c aI li o Ir: I::::Y2022 ERIC ERIC IBL.aidga)l Staff IFlir'E)SE)irnla bola Page 135 of 568 1 RESOLUTIONNO. R23-003 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING MAYOR TO SIGN A FEMA BUILDING 5 RESILIENT INFRASTRUCTURE AND COMMUNITIES GRANT (BRIC) 6 GRANT APPLICATION TO THE FLORIDA DIVISION OF EMERGENCY 7 MANAGEMENT (FDEM) FOR THE HEART OF BOYNTON 8 INFRASTRUCTURE RETROFIT; AUTHORIZING THE EXECUTION BY 9 APPROPRIATE CITY OFFICIALS OF ALL DOCUMENTS ASSOCIATED WITH 10 THE GRANT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, FEMA Building Resilient Infrastructure and Communities (BRIC) Grant 14 FY2022 is a $2.133 billion federally funded program (with $50M per sub application) which is 15 is administered, in Florida, by the Florida Division of Emergency Management (FDEM); and 16 WHEREAS, the program aims to incentivize natural hazard risk reduction activities that 17 mitigate risk to public infrastructure and disadvantaged communities; enhance climate 18 resilience and adaptation; encourage hazard mitigation projects that meet multiple program 19 priorities; and incorporate nature -based solutions; and 20 WHEREAS, the City is submitting an application for funding to mitigate risk of flooding 21 and aging water and sewer utilities in the Heart of Boynton; and 22 WHEREAS, the requested grant funding for the project is up to $42 Million with a local 23 match of 30%, or approximately $12.6 Million with Florida Division of Emergency Management 24 (FDEM) being the applicant and the City is the sub applicant; and 25 WHEREAS, upon recommendation of staff, the City Commission finds it in the best 26 interest of the citizens and residents of the City of Boynton Beach to approve and authorize 27 the Mayorto sign a FEMA Building Resilient Infrastructure and Communities Grant (BRIC) grant 28 application to the Florida Division of Emergency Management (FDEM) for the Heart of 29 Boynton Infrastructure Retrofit and authorize the execution by appropriate City officials of all 30 documents associated with the grant application. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as S:ACA\RESO\Agreements\Grants\FEMA BRIC Grant Application- Reso.Docx Page 136 of 568 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 61 62 63 64 65 66 67 68 69 70 71 being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission approves and authorizes the Mayor to sign a FEMA Building Resilient Infrastructure and Communities Grant (BRIC) grant application to the Florida Division of Emergency Management (FDEM) for the Heart of Boynton Infrastructure Retrofit and authorize the execution by appropriate City officials of all documents associated with the grant application, a copy of the Application is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 3rd day of January, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC: City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\FEMA BRIC Grant Application- Reso.Docx Page 137 of 568 Page 138 of 568 OMB Number: 4040-0004 Expiration Date: 12/31/2022 Application for Federal Assistance SF -424 * 1. Type of Submission: ` 2. Type of Application: * If Revision, select appropriate letter(s): Prea lication PP ® New ��� �.. .�........... ������� ......... ® Application ❑ Continuation * Other (Specify): ❑ Changed/Corrected Application ❑ Revision * 3. Date Received: 4. Applicant Identifier. 1 11 11 1412022 _........ .. .. .. ..V URIC FL#26 LB 5a. Federal Entity Identifier: 5b. Federal Award Identifier: .................................................................................__............ ........................................................' State Use Only: �h. 6. Date Received by State: 7 State Application Identifier: 8. APPLICANT INFORMATION: * a. Legal Name. City of Boynton Beach . ........ * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI: 59 6000282 FYYMUAVJDKC6 d. Address: * Street1: 100 E Ocean Avenue .._.... ... �...n Street2: ` City: �lBoynton Beach .. Count/Parish: m:m�....................�..,..........�..............�.......m.�..............::�::�::�::�:.......................::�::�::�-�:�-:�::�::�:�-:�::�::�::�::�::�::���.�.........:.....:.�....:............�������................:�:..����-.r..�mmm:�..mm._.....- Y *State: FL Florida Province: - 'Country: USA UNITED STATES _. ....� ......... .m.... . Zip / Postal Code: 33435 4515 e. Organizational Unit: Department Name: Division Name: ..... ,,,,,,,, , ,, , , , ,.. _ Boynton Beach Utilities �.I _ _._ - --- ---- --------- (Engineering _.. f. Name and contact information of person to be contacted on matters involving this application: Prefix: ' First Name: Angela Middle Name: * Last Name: Prymas 1I Suffix:_ _............................... Title � . neer IV Organizational Affiliation: Boynton Beach Utilities Department *Telephone Number: (561) 742-6421 Fax Number: mm m __ ----- -_`Email: • EmaiprymasA@bbfl.us Page 138 of 568 Page 139 of 568 Application for Federal Assistance SF-424 16. Congressional Districts Of: *pp t * 21st a. Applicant 21sb. ProgramlProject...�..�.A... �.............� Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachmentw Attachment 17. Proposed Project: * a. StartDate: 07/01/2023 * b. End Date: 106/15/20,25 18. Estimated Funding ($): * a. Federal 31, 334, 628.09. * b. Applicant 12, 573, 767.96 * c. State 0. 00] * d. Local �.,m_...... ................ 0. 001 " e. Other .0.00 "f. Program Income C 0.00 ............................,....,,,,,,,,...,,.,....... ........ *g. TOTAL 43,908,396.05 " 19. Is Application Subject to Review By State Under Executive Order 12372 Process? ® a. This application was made available to the State under the Executive Order 12372 Process for review on 11/14/2022 ............. b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) ❑ Yes ® No If "Yes", provide explanation and attach �m,. Add _wle- Attachment Delete Attachment View Attachen4� �����.. 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) LE-5. AGREE ** The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. *First Name: UTy Middle Name: �._ ✓ " Last Name: Penserga Suffix: * Title: Mayor _, m,_........., m,.,.,. .., * Telephone Number: 4 (561) 528-3366n mn mm^^m^NN Fax Number: LL✓ B 4 m " �. bbf1.us - Email: Penser aT@.....,�.......__...._,m_ " Signature of Authorized Representative: * Date Signed: Page 140 of 568 OMB Number: 4040-0008 Expiration Date: 02/28/2025 Page 141 of 568 BUDGET INFORMATION - Construction Programs NOTE., Certain Federal assistance programs require additional computations to arrive at the Federal share of project costs eligible for participation. /f such is the case, you will be notified. COST CLASSIFICATION a. Total Cost b. Costs Not Allowable for Participation c. Total Allowable Costs (Columns a -b) 1. Administrative and legal expenses $ , 565, 425.13 3,565,425.1. $� $ 3, s6s 4zs 13� 2. Land, structures, rights-of-way, appraisals, etc. g y pp 163 500 00 $ I n- $ $ 163 _500.'� I 3. Relocation expenses and payments $ $ (( ....... $ ..... -- 4. Architectural and engineering fees $ C 3 139, 177.891 ..... $ Is ......9. 3, 139 177.89 5. Other architectural and engineering fees Is $ s13,soo.00 $ s13,soo.00 6. Project InapeCilOn fees $ 5,158, 155.221 $ $ 5, 158 155.221 7. Site work.$ �. J $ ,,,,,,, $ _._ Y µ�� 8. Demolition and removal $ 287 50000 $ ., $ .... 287 soo.00� 9. Construction $ � 9, 629 990 67� $ l $ � 9, 62"""'.U] 10. Equipment $ 19 456 610 76) ...... ...... $ ...........�,�... 19,456,810.761 11. Miscellaneous ........ .......... .................. . ..... 12. SUBTOTAL (sum of tines 1-11) $ �� 91 912 ss9s� 13. Contingencies $ 1,995,936.18 $........� $ __ 1,995 836..181 14. SUBTOTAL $ ( ...... ....., 93 908 396 O5� ... ..... $ I $ ..._ 43, 908 396 051 15. Project (program) income mm I 16. TOTAL PROJECT COSTS (subtract #15 from #14) $ 43, 908, 396.051 Is 1$ ( 43, 906 396.051 FEDERAL FUNDING 17 Federal assistance requested, calculate as follows: (Consult Federal agency for Federal percentage share.) Enter eligible costs from line 16c Multiply X = % $ 32,931,297.04 Enter the resulting Federal share. Page 141 of 568 Heart of Boynton Infrastructure Retrofit FEMA Building Resilient Infrastructure and Communities Grant (BRIC) FY2022 January 3, 2023 Page 142 of 568 EMA Building Resilient Infrastructure and Communities (BRIC) Grant FY2022 $2.133 billion ($50M per sub -application) Florida Division of Emergency Management (FDEM) is the applicant and the City is the sub -applicant BRIC Priorities • Incentivize natural hazard risk reduction activities that mitigate risk to public infrastructure and disadvantaged communities • Incorporate nature -based solutions • Enhance climate resilience and adaptation • Increase funding for adoption and enforcement of latest building codes • Encourage hazard mitigation projects that meet multiple program priorities Page 143 of 568 CITY OF BOYNTON BEA eFf MAR OF BOYNTON d OLOIZ17 Mitigate glia following risks: Flooding Conditions Page 145 of 568 ,aging Water and Sewer Utilities Proposed Mitigation Activity Proposes to mitigate against severe storms PHASED PROJECT • Phase I: Additional Studies and Design • Phase II: Construction and Closeout Page 146 of 568 ............. �g tainDepth if Disturbance: 3 fevt. tandard Width of Disturbance: 10 feet Al V✓ AJ Lmbww ;,j 46 --L_ Legend LIJ . . . ....... Water Main Repla,ce Exisbrg Ripe vaffi 10 INCH Replace Exlsbng Pipe wildl 16 ABANDON INCH Re'll", Exobng Pipe '11th, I INCH semi ane i in the `11,1,1- ndard Depth of Dishn bane. , fltvn,4 f".. ndard Width If Disturbance: 10 feet 1. 1 g j ....... .. . . . . . . Z Standard D,,pdi of Dua uu fiance 3 teek. ta b Leek Standard VAMi of Dstuitance 10 feet. j rtu i�rvro�'irn G tru a „wu a ru M-01'rmoomm's/l/oo...,,,,,,ioiolllllDlly%t�!?I�D11111111111111//11�11 Total Project Cost Phase 11 m Phase 1111 Page 149 of 568 IM Phase Pre -Design Activities • Environmental Historic Preservation Compliance Review • Project Survey (Topography, Elevations, Easements/ROW, Existing Utilities, etc.) • Nature -Based Solutions Engineering Design 60% design and completion of benefit -cost -analysis (BCA) Permitting Final Design Value Engineering and Resiliency Evaluation Public Outreach Bid Administration and Contractor Selection Page � ;J I =,oi- e Pre-construction Activities • Utility Coordination • Mobilization, MOT & Temporary Erosion/Sediment Control Construction Phase Potable Water Retrofit • Sewer Piping Replacement • Lift Station Installation • Drainage Structure and Piping • Roadway Restoration Project Closeout Page 151 of 568 ing Resilient Infrastructure Communities (BRIG) Grant FY2022 TIMELINE INotice of Funding Opportunity Florida Division of IEinl irgency Mainagenneint Page 152 of 568 Questions 1" Consent Agenda 1/3/2023 Requested Action by Commission: Proposed Resolution No. R23-004- Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the Victims of Crime Act grant subject to the approval of the City Attorney. Explanation of Request: The State of Florida, Office of the Attorney General, Bureau of Advocacy and Grants Management, has awarded the police department a Victims of Crime Act (VOCA) grant for the 2022-2023 funding cycle in the amount of $74,628.00. Approval of this award will allow BBPD to have an additional VOCA funded victim advocate on staff. Victim advocates are professionals trained to support victims of crime. Advocates offer victims information, emotional support, help find resources, and assist victims in completing necessary court and administrative paperwork. The advocates also contact organizations, such as criminal justice or social service agencies, to get help or information for victims. How will this affect city programs or services? BBPD currently has one full time city funded and one VOCA funded victim advocate that are responsible for assisting victims of crime within the community. During FY 2020, 1,197 victims were assistant and another 1,248 in FY 2021. The specific services provided ranged from assisting with restraining orders, finding temporary lodging, creating safety plans, and scheduling follow-up victim services. Fiscal Impact: There is no fiscal impact to the City. Alternatives: If the grant is not accepted, the volume of work would increase for existing personnel, creating a backlog and a decrease in the quality of services provided. An increase to the Police Department's operating budget would be required to fund the 2nd position. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Page 154 of 568 Is this a grant? Yes Grant Amount: $74,628.00 Attachments: Type D IRE)S()l� LA ti 0 II'l Description RE)SOkAboin aCCE)�Ptilllg ChE) giraint ,-lw,,.-,.lird for ChE�, Victirns of CriirTIEs Act aind aUlthoriziing ChE) CRY MainagE)r to sigin ChE�,AgrE�1ENrYIENI'lt Page 155 of 568 1 RESOLUTION NO. R23-004 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ACCEPTING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN ALL DOCUMENTS ASSOCIATED WITH 6 THE ACCEPTANCE AND GRANT AGREEMENT FOR THE 7 VICTIMS OF CRIME ACT GRANT IN THE AMOUNT OF 8 $74,628.00 FOR THE FISCAL YEAR 2022/23; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City of Boynton Beach Police Department applied for and has been 13 awarded a Victims of Crime Act (VOCA) grant from the Office of the Attorney General, 14 Bureau of Advocacy and Grants Management; and 15 WHEREAS, the grant is in the amount of $74,628.00; and 16 WHEREAS, the VOCA grant funds will allow our agency to keep the current VOCA 17 funded victim advocate on staff. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 19 OF BOYNTON BEACH, FLORIDA, THAT: 20 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach hereby accepts 25 the Victims of Crime Act (VOCA) Grant from the Office of the Attorney General, Bureau of 26 Advocacy and Grants Management in the amount of $74,628.00 for the fiscal year 2022/23 27 funding cycle. 28 Section 3. The City Manager is authorized to sign all documents necessary to 29 accept the Grant award and Grant Agreement. S:ACA\RESO\Accept VOCA Grant (2022) - Reso.Docx Page 156 of 568 30 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 61 62 Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 20th day of December, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Accept VOCA Grant (2022) - Reso.Docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 157 of 568 6.E. Consent Agenda 1/3/2023 Requested Action by Commission: Approve Task Order SCADA-12-2023 with McKim & Creed in the sum of $54,650.00 for assistance with Remote Site Programmable Logic Controllers (PLC) upgrades in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data Acquisition (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission January 21, 2020. Explanation of Request: The City previously approved Task Order UT -3A-02 with Globaltech, under the General Consulting Services Contract in accordance with RFQ No. 046-2821-17/TP and renewed through September 6, 2023 for the Fluoride Storage and Feed Improvements at the East Water Treatment Plant. The project will reinstate the fluoridation system at the plant and comply with the regulatory requirements of the Florida Department of Health. McKim & Creed, as one of our preapproved integrators, will provide the instrument control programming for the automatization and SCADA screens for the operation of the Fluoride Feed System. How will this affect city programs or services? The programming of the controls is an essential part of the operations of the newly built feed system. It will provide process control and monitoring capabilities to Plant operations staff and enable the City to continue to provide a high level of service to our potable water customers. Fiscal Impact: Funding is available in the Utilities C I P account 403-5000-533.65-02 WT2008. Alternatives: Do not approve the Task Order. Strategic Plan: Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: McKim and Creed Page 158 of 568 Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: Extension Explanation: Attachments: Type D fl'..-isk OrdE)r Description T,,.--.isk OrdE)r IMcKiirn aind Cir'EsEsd F:::k.JI0ir'idE) Cointirols Progirairniriii ing Page 159 of 568 November 23, 2022 Juan Cuesta, P.E. Staff Engineer City of Boynton Beach Utilities 124 E. Woolbright Rd. Boynton Beach, Florida 33435 561-742-6437 N-1 RA RS SURVEYORS PI...AI` NERS Proposal # 220450 Task Order # SCADA-12-2023 RE: Proposal for the City of Boynton Beach, East Water Treatment Plant, Fluoride Storage and Feed Improvements; Task Order # SCADA-12-2023 Dear Mr. Cuesta: Please find attached a copy of our proposal for services related to the City of Boynton Beach, East Water Treatment Plant, Fluoride Storage and Feed Improvements. We have provided a summary of our services in the attached proposal for your consideration. Please let me know if you have any questions about either. If you have any questions, please feel free to give me a call. Sincerely, McKIM & CREED, Inc. Dana Musumeci Project Manager 561.305.6222 6501 <_Ongr<ssAvrr #100 BOC a RatCDn, FL.. 33499 www ..nickin icreed..COni Page 160 of 568 City of Boynton Beach East Water Treatment Plant Fluoride Storage and Feed Improvements Scope of Services Task Order # SCADA-12-2023 November23, 2022 SUMMARY OF PROJECT The City of Boynton Beach will procure Contractors to make modifications in the East Water treatment plant to install a fluoride storage and feed system. The Contractors will furnish, install, and place into service the operating process instrumentation, control systems and panels including accessories, related to the installation of this system. SCOPE OF SERVICES McKim and Creed will contract directly with the City of Boynton Beach to perform the programming services that are required to integrate the panels and instrumentation for the new fluoride storage and feed system. M&C scope of services will consist of the development of a control sequence document, programming for the Siemens S7-1500 PLC and VTSCADA, 2 programming workshops to clarify SCADA screen design with City staff, factory and site acceptance testing, and pre -commissioning onsite support. M&C will also complete a startup functional test and system start up with the support of awarded I&C contractor. McKim & Creed summarized services: 1. Project Management. 2. Develop a controls sequence to describe the process based on input from the City. 3. Siemens S7-1500 PLC programming using Siemens TIA Portal software per the approved controls sequence. 4. VTScada programming per the approved controls sequence. 5. Programming workshops to clarify VTScada screen design (Allowance of 4 — 8 hr. days). 6. FAT & SAT support (Allowance of 4 — 8 hr. days, total). 7. Pre -commissioning Support (Allowance of 3 — 8 hr. days). 8. Startup Functional Testing (Allowance of 2 — 8 hr. days). 9. Review new screen and operation with staff. 10. Provide a copy of the programming code Page 161 of 568 11. System Startup (Allowance of 5 — 8 hr. days). 12. QAQC of deliverables. ASSUMPTIONS/CLARIFICATIONS 1. This budget is for Siemens S7-1500 PLC and VTScada programming services only. 2. Software licenses are not included. 3. All material, equipment, hardware, fabrication, installation supplied by others. 4. PLC panel design by others. 5. Network architecture design by others. 6. Fiber optic cable, testing, routing, and terminations by others. 7. Training done by others. 8. McKim and Creed is not responsible for contractor costs associated with delays. 9. A Siemens S7-1500 CPU will be required to test the panels off site for the FAT. The cost of the CPU is not included in this proposal. PROJECT FEE TOTAL LUMP SUM FEE 1 $54,960.00 SCHEDULING McKim and Creed will reviewthe contractors projectschedule during the kick- off meeting, provide input, and provide the project deliverables within a mutually agreeable schedule. Page 162 of 568 6. F. Consent Agenda 1/3/2023 Requested Action by Commission: Approve Task Order 23-B-01 with Engenuity Group, Inc., in the amount of $83,024.00 in accordance with RFQ No. UTL22-014, Professional Surveying and Mapping Services, awarded by City Commission on June 21 st, 2022 to provide professional surveying services, for the road and sidewalk rehabilitation on SW 8th Street and a portion of the neighborhood known as "Lake Boynton Estates". Explanation of Request: The roads within Lake Boynton Estates and SW 8th Street (attachment 2 — location map) were constructed in the 1930s. The roads have seen numerous overlays since their original construction. When these roads were initially installed, considerations such as traffic calming, and pedestrian safety were not as relevant. The streets have out lasted their design life and are at stage where they require an ever-increasing amount of maintenance (i.e. pothole and edge failure repairs). In their current condition, milling and resurfacing is the predominant recommended repair. However, there are areas where the road shows damages that indicate base failure. These isolated areas will need to be reconstructed. To support reconstruction, a survey is required for the in-house design effort. When the City rehabilitates the roads, staff also considers: 1. Roadway modifications (i.e. lane narrowing, etc.), 2. Adding sidewalks 3. Traffic calming. The survey requested with this agenda item will also be used to help staff with that design. The survey will also be used to the City's Street Atlas (a document that Staff is building that shows all the City's Rights of Ways). Attachments 3 and 4 are of the Engenuity Group's Proposal, and a copy of their executed agreement respectively. How will this affect city programs or services? Maintaining the roadway/adding sidewalks is a three-step process. This is the first step (surveying the existing conditions) needed to maintain/add the roads/sidewalk. The second step will be design. The third step is bidding and the award of the construction services. Fiscal Impact: Budgeted. The project will be funded from the Local Surtax Street Maintenance Funds (303- 4905-580.63-08, CP0266). Alternatives: Mill and Resurface the roads without providing sidewalks. Strategic Plan: Strategic Plan Application: Page 163 of 568 Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt Description AttachirTIENI'lt 2 1 ocaboin li ap AttachirTIENI'lt 3 E111gENIRARY Fliroposa�� Attac,hirTIENI'lt 4 E)eCLAtEd Agir'E)E)irT1E)1['1t Page 164 of 568 Iv F, Ir ............ ............................ �'j flopit on Beach Blvd 64�,l 04 AREA IN BLUE ,I B jj —jm, v 11 0 11 �l i I'll "I'll A I'll, I I'll 1 11 1 SW 8TH STREET CR IMPROVEMENTS Uk uw �Wd INI M III I'i 0 1� IIII ........................ I ut Av", Ill AK��111111111 GNIII S 0,7 o F), ...... ........ ..................... .......... ..................................................... M S 0 S UIIW Y G 41k A,,I�, SW wh ......................................... s W c AK[:: �30Y0[ IES U..AU II°°S it Wo I 1101 'k Koy Al" 11 VI I W,W ............. LIMITS OF SURVEYING SERVICES FOR SW 8TH STREET q� "lap 11 1 lt &, "Aa[keN, I Spiv k^ . ........ Y 9A X111wip lip jinkin The Horne 4AR, V0�,DjLjjqM Rd I-h- y. Page 165 of 568 r 0 A 0 V qhs ^i Standaild of ' �a�x�r r11i piCe au �i��iw� qrO LJll 111, December 2, 2022 Moisey Abdurakhmanov Public Works, Engineering Boynton Beach Utilities, Engineering 100 E. Ocean Ave. Boynton Beach, FL 33435 (Via email: AbdurakhmanovM@bbfl.us ) RE: Professional Surveying Services Lake Boynton Estates & NW 8t" St Neighborhood Sidewalk Improvements Boynton Beach, FL Engenuity Group, Inc. Project No. 17024.18 Task Order 23-B-02 We are pleased to offer this proposal to render professional surveying services in connection with Lake Boynton Estates Neighborhood Sidewalk Improvements in Boynton Beach, FL (hereinafter called the 'Project'). Engenuity Group, Inc. will prepare a Topographic and Tree Survey pursuant to Chapter 5J-17.050 Florida Administrative Code, of project located at Lake Boynton Estates and NW 8t" St. The specific survey limits are shown on the attached plan which was provided by your office on November 18, 2022. Surveying Services Per the scope of your office provided to us the following will be included on the survey: 1. Right-of-way lines 2. Driveways with type of material 3. All above ground improvements (i.e., street signs, mail boxes, curbing, light poles, fire hydrants, etc.) 4. Manholes (sanitary and drainage) (no as-builts) 5. Drain basins (no as-builts) 6. Valves (elevation of top of cover) (no valve elevations) 7. Tree (and caliper), if they are within the right-of-way of within five (5) feet of the right-of-way line. 8. Elevations will be measured from right-of-way to right-of-way at 50 -foot intervals and include the right-of-way lines, edge of pavement, crown of road and swales (if swales are present, we will provide an elevation at the top of bank and at its invert) 9. Locations of each edge of driveway are included at the edge of pavement/roadway, at the right-of-way line and fifteen (15) feet beyond the right-of-way line which will be used by City staff should a driveway need to be replaced to become ADA complaint with the sidewalk. 2022 12-02 Proposal Project No. 17024.18 Page 1 of 6 Page 166 of 568 See the attached Designated Scope of Services for a specific list of additional items to be included on the survey. Below is a list of each street included in the services and its approximate length along with timeframe (in business days) shall you want to split them up and receive them in a specific order. II"'"Illscsc Ouisc Street Name Linear Feet Total Timeframe NW 8t" Street (from 5,350 $23,762.00 30 days Boynton Beach Blvd 12 days W Ocean Avenue to Woolbright Road) $8,398.00 10 days j"1111scsc "'III"' o Street Name Linear Feet Total Timeframe NW 1St Avenue 1,910 $8,496.00 12 days W Ocean Avenue 1,850 $8,398.00 10 days SW 1 It Court 1,600 $7,174.00 10 days SW 1St Avenue 1,850 $8,398.00 10 days SW 2nd Avenue 1,500 $6,886.00 10 days SW 3rd Avenue 1,100 $5,072.00 8 days NW 7t" Street 1,950 $8,882.00 12 days W Ocean Drive 1,300 $5,956.00 10 days 14,510 $59,262.00 82 days The final deliverable will be an electronically signed and sealed copy of the Topographic & Tree Survey with accompanying AutoCAD file. In the event of rain delaying our field work, the delivery time will be pushed back the same number of days. Phase Three - Construction Services Per the scope your office provided to us the following will be included within the survey scope in regards to Phase Two above. 1. Provide construction layout for ROW staking at areas where new sidewalk is proposed (with 2 -foot offsets). The purpose is so that we don't build a sidewalk on private property. 2. Stake the proposed shunts and set blue tops (same for areas where the road will be replaced and widened). 3. Stake where new cub is being installed and where existing radii will be brought into conformance with a 25ft radius. These services will be performed on an hourly basis as we are unable to determine the extent of the work needed, or the timetable of the construction crew. The final deliverable will be the stake in the field. For guesstimate budget purposes, we provide these hours which will be charged at time and expense for how many are used. 2022 12-02 Proposal Project No. 17024.18 Page 2 of 6 Page 167 of 568 Field crew time- 40 hours @ $144.00 Crew coordinator time- 10 hours @ $123.00 Permit Fees, Reproduction Charges and Reimbursable Expenses The Total Contract Price does not include the payment of any governmental agency submittal or processing fees. The cost of these fees and any costs incurred by the office for printing, reproduction and other reimbursable expenses such as postage, travel, and document copy charges will be billed to the client monthly. Invoicing and Payment Work will be invoiced on a monthly basis for work completed to date. Invoice shall be paid in full by the Client within thirty (30) days of the invoice date, unless within such thirty (30) day period, Client notifies Engenuity Group, Inc. in writing of its objection to the amount of said invoice. Such notice shall be accompanied by payment of any undisputed portion of said invoice. If written objection is not received within thirty (30) days it shall constitute approval of invoice by Client. If the payment is not received within fifteen (15) days of billing date, a late charge will be added to the invoice in the amount of 1'/2 percent per month on the outstanding balance. If payment is not received within sixty (60) days of the invoice date, work may be suspended on the project until the outstanding invoice(s) are paid in full. This proposal represents the entire understanding between you and us with respect to the Project. If this satisfactorily sets forth your understanding of our agreement, please execute the attached Authorization and return it to us. If you have any questions, please do not hesitate to contact us. PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS CONTRACT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT, AS LONG AS THE CONSULTANT MAINTAINS THE PROFESSIONAL LIABILITY INSURANCE REQUIRED UNDER THIS CONTRACT AND AS LONG AS ANY DAMAGES ARE SOLELY ECONOMIC IN NATURE AND THE DAMAGES DO NOT EXTEND TO PERSONAL INJURIES OR PROPERTY NOT SUBJECT TO THIS CONTRACT. Sincerely, Approved by, Yw vd Jennifer Malin, P.S.M. Andre Rayman, P.S.M. Director of Surveying President 2022 12-02 Proposal Project No.] 7024.18 Page 3 of 6 Page 168 of 568 Authorization: Professional Surveying Services Lake Boynton Estates & NW 8th St Neighborhood Sidewalk Improvements Boynton Beach, FL Engenuity Group, Inc. Project No. 17024.18 Task Order 23-B-02 By: For: (Name & Title) (Name of Company) Date: Contract Amount: 583,024.00 and Hourly for Construction Services I am I am not The Owner of the Property The Property Owner Is: Address: Telephone: Fax: 2022 12-02 Proposal Project No. 17024.18 Page 4 of 6 Page 169 of 568 DESIGNATED SCOPE OF SERVICES: TOPOGRAPHIC/TREE SURVEY NAME: Lake Boynton Estates & NW 8th St Neighborhood Sidewalk Improvements ENGENUITY PROJECT NO. 17024.18 DATE: 12/2/2022 TASK: Included in Contract Topographical Survey (Yes/No) Minimum of two permanent benchmarks per every 500' on site; description and Yes elevation to nearest .01'. Contours at 1 -foot intervals; error shall not exceed one half contour interval. No Spot elevation at each intersection of a 50 -foot square grid covering the property. Yes Spot elevations at street intersection and at 50 feet on center curb, sidewalk and Yes edge of paving including far side of paving. Topographic data will be obtained at 50 -foot intervals of the road from right-of-way Yes to right-of-way. Plotted location of structures, man-made (e.g., paved areas) and natural features. Yes Location of water mains, and other utilities including, but not limited to, buried tanks No and septic fields serving, or on, the property based on as -built information supplied by utility companies. Location of fire hydrants available to the property. Yes Location and characteristics of power and communications systems above grade. Yes Location, size, depth and direction of flow of sanitary sewers, storm drains and culverts Yes serving, or on, the property; location of catch basins and manholes, and inverts of pipe at each. Name of the operating authority of each utility. No Elevation of water in any excavation, well or nearby body of water. No Extent of watershed onto the property. No Trees of 6" and over (caliper 3' above ground); locate within V tolerance and give Yes species in English or botanical terms. Specimen trees flagged by the Owner or the Architect (_ in number); locate to the No center within V tolerance; give species in English or botanical terms, give caliper and ground elevation on upper slope side. Perimeter outline only of thickly wooded areas unless otherwise directed. Yes Confirm soil boring location(s). No SUE Services included in the scope No Scale of drawing is typically 1 "=20' but will be determined by Engenuity Group, Inc. unless the client specifies a scale they would like the drawing at. Other (specify): 1. Datum will be National American Vertical Datum 1988 (NAVD 88) 2. SUE Services are Not included in the services 2022 12-02 Proposal Project No. 17024.18 Page 5 of 6 Page 170 of 568 Bea Raymon Beach f1Wd �c> Ia wo�e����� l �I 411 Lix " '. W!LvrrmAve, RV 6 But son ry V; �l CF! Uwe Y @. ti4W44 S'"y E T1 As.v rrr, a ,.IRr7d INm�C try .. "r`4kk�0�'h:SY4�w fn� I '.r'V�u('11'Y:� 11 Ad P� W !T I;� ��w! d- i6e,Y I ti?S 2022 12-02 Proposal Project No. 17024.18 Page 6 of 6 Page 171 of 568 0 i 2 A RESOLUT101N OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVIN 3 AND AUTH'iOR17JN'Gi THE CITY MANAGER TO SIGN INDIVIDU 4 AGREEMENTS WITH FOUR (4) FIRMS AS A RESULT OF REQUEST Fyy 5i QUALIFICATIONS RFQ NO. UTL22-014 FOR PROFESSIONAL, SURVEY AN qI 6 MAPPING SERVICES IN ACCORDANCE WITH FLORIDA STATUTE 287.05 7 THE COiNSULTAN�TS' COMPETITIVE NEGOTIATION ACT (CCNA),- AN 8 PROVIDING AN EFFECTIVE DATE. I x kul W 0. WE W WHEREAS, RFQ LJTL22-014 for Professional Survey and Mapping Services was advertised and submittals were electronically opened on March 16,2022; and WHEREAS, the City received 'fourteen ('14) proposals whereby the top four (4) proposers were SUbMitted to the City Cornmission on June 21, 2022 for approval and authorization to move forward with negotiations to establish contract agreements for ongoing services in accordance with Floridia Statute 287 ,55, Consultants' Competitive Negotiations Act; and with the City's Purchasing policies and Procedures; and, WHEREAS, the City Commission of the City of Boynton IBeach, Florida,, upon the recomimendation of staff, deems it to be in the best interests of the City residents to approve and authorize the, City Manager to sign jndividuaI agreements with four (4) firms: Whidden Survey and, Mapping, Inc; Engenuity Group, Inc.,- Avironi & Associates, Inc. and Caulfield & Wheeler, Inc., as a result of Request for Qualifications RFC No. TL22-014 for ProfessionalSurvey and Mapping Services in accordance with Florida Statute 287',055 the Consultants' Cornpetifive Negotiation Act (CCNA), iiij 1!, 11 1 7111 111 111 11 Ir, r i ;i,jj� 26 Section, 1. Each Whereas clause set forth above is true and correct and incorporated 27 herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 29 approve and authorize the City Manager to sign Individual agreements with four (4) firms: R ICAT fth, Fout PlcpcesqIicina� Stu veying And Mapping SrNvwes - Roo. Doc): g Page 172 of 568 W M Whidden Survey and Mapping, Inc,- Engenuity Group, Inc.; Avirom & Associates, Inc. and Cauffleid & Wheeler, Inc., as a result of Request for Qualifications, R,FQ No. UITL22-014 for Professional Survey and Mapping Services in accordance with Florida Statute 287,055 the Consultants' Competitive Negotiation Act (CCNA), Copies of each Agreement is attached hereto and incorporated herein as Exhibits "A - D" Section 3. That this Resolution shall becorne effective immediately upon Passage. PASSED AND, ADOPTED this - t" day of September, 2022, ES, " NO �Mayor - Ty Penserga Vice Mayor - Angela Cruz L,/"" Commissioner - Woodrow L. Hay Commissioner - Thomas Turd in Commissioner -Aimee Kelley TE 4r'l( VO 5m„he AT 5 53 54 Mayl,eee e 6s, MPA, C 55 City Clek 56 33MISM 3 SEAL MCORPORATED10' 0 192'0 ;."4 T May APPROVED AS TQ�ORM` 5” 0 , M�w WO Finn Nocesmmml Survtyinp, And MappingSo-v ices, - RooDoex Page 173 of 568 l a 'TO a *Sirolz 1 -11 IT, T-IT119F L7 IN1110 U11 110111 1111 Jill 1111�� 1111 lIilill 11 [OMNI #=11II012=1101 0 Fj 10 3. SCOPE OF SERVICES. VENDOR agrees to perform Professional Surveying Services by way of individuall task orders, at the request of the CITY during the term of this Agreement, indluding the provision of aH labor, ma�teriailsi,i equipment, and supplies. 4. TERM. The initial Agreement period shiall be for an inifiaIi term of three f3j years, commencing on Sep ber 8, 2022 and shall remain In effect throlugh September 7, 202 ! The CITY reserves the right to renew the agreement for two (D one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal Will be in the best interest of the CITY. 5. TIME OF'PE�RFORMANCE. Work under this Agreement shall cornmence uponi the glivinig of written notice by the CITY to thei VENDOR to proceed. VENDOR shali perform all services and provide ail I work products required pursuant to this Agreement and specific task order unless an eixtension of time is granted in writing by the CITY, 7. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered accordance with the Schedule of PrIlces to this Agilreement as foilows4 i ME PIK hereunder. 94 The parties understand and agree that the covenants and representations relating to thtu inderrinification provision shall survive the term of this Agreement and continue in, full force and effect as to the party's responsibifity to indemnify, C, Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.,28, FlaStat,, as may be amended from time to: timle. 13. INSURANCE. X During the performance of the ere.rvices under this Agreement, VENDOR shall maintain the foIl�lowing insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All policies shall be written by an insurance I I company authorized to do business in Florida. VENDOR shalt be required to obtain all applicable ins,ura,nce coverage, as indicated belowi, prior to commencing any service pursuant to this ,Agreement, iiii, Business Automobile Liabifityo The VENDOR shall pirocure and maintain, for the We of this Agreement, Business Automobile Liability Insurance. The VENDOR s,haill maintain a minimum a�m:ountof $1,000,000 combined! sinigie limitfor bodily injury and property damage liability to protect the VENDOR from! claims for damage for bodily and personal injury, including death, as well as from claims for property dIamage, which may arise from the ownership, use of maintenance of owned and nonii-owned automobile, included rented automobiies, whether such operations be �by the VENDOR or, by anyone diIrectly or indirectly employed by the VENDOR. Professional Liability (Errorsi and Omissions) insurance: The VENDORshall procure and maintain for the life of this, Agreement in the minimum amount of' $1,000,000 per occurrence, ------------------ 6M,TrAgII ... RF:Q No. UTL22-014 Professional Surveyng & MappIlng ervices M9 Ems B. VENDOR shalt provide the CITY with all Certificates of Insurance required undier this, section prior to beginning performance under thi's Agreement. Failure. to maintain the required insu!ranice �%611 be considered a default of the Agreement. I a - : INIAZINLOU4 r# 0 lililoo i A A SIOMMAK!iiii Willi 4 III=; 0,41 a 17. DISCRIMINATIQ14 PRGHUBITE0. The VENDOR, with regard toi 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 senisiory hanidicaip in the selection and retention of empo,yees or procurement of materials or supplies. 1 iI ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered bythis Agreement without the express writtein consent of the! CITY. FRFQ No. UTL22-014 Professional Surveying & Mapping Services CA 19i. NOiN-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 provisioni. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably rela' ted to termination, In the event that the VE�N DORI aba nd'ons the Agreem ent or causes it to be term inated, the VENDORshall, indern nify the CITY against loss pertaining to this termination. 1. Termination for Cause. In addition to all other remedies avaiiableto CITY, this Agreement shall be subject to canceliation by CITY for cause, should VENDOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein icontained, if such neglect or failure shall continue for a period of thiirty (30) days after receipt by VENDOR of written notice of such neglect or failure, �1114. jai _dMidjujig gRIP111 gRIP111- EMK�IL U1$ 1 22�, 1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-perfonning party could not avoid, The term OUncontroliable Forces" shall mean any event which results in, the prevention or delay of performance by a party of its oibligatioins under this Agreement and which is beyond the reasonable control of the non-performing �party, It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, not, civil disturbance, sabotage, and governmental actionsi. 22.2 Neither party shall, however, be eixcus,ed from performance if non.performance is, due to forces which are preventalble, removable, or remediable, and which the non-performing party co�uld have, with the exercise of reasonabgence, prevented, removed, or remedied, with reasonable dispatchi, The noni-pierforming party shall, within a reasonable time! of being prevented or delayed from performance by an uncontrollable force, glve written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement, iliP111iiii1li " !1111 llllriii� � III � lmmq: AY� MMMMSM. IMP City of Boynton Beach 100 E. Ocean Avenue Boynton e`. F'L 334315 4FQ No. TL22-014 Professionall Surveying & Mapping Service's ME, 23,. INTEGRATED AGREEM,EN�T. This agreement, together with attachments or addenda, represents t entire and integrated agreement between the CITY and the VENDOR and supersedes aill pri negotiations, representations, oragreements written or oraL This agreement may be amended only written instrument signed by both CITY and VENDOR. I 24.1 CITY Is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted,, to walive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any, successor statute thereof. To the contrary, aill terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liabiliity provided to any successor statute thereof. 'To the contrary, Wl terms and provisiion con'tained in the Agreement, or any disagreement or dispute concerning it, shall be construled or resolved so as to insure CITY of the limitation from liabOity provided to the State's subdivisions by state iaw, 24,2 In connection with any gation or other proceeding arising out of the Agreement, the prel party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgiment proceedings. CITY's flability for costs, and attorney's fees, however, shafl not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the firnits established in Sectioln 768,2i8:, Florida Statutes, as, amended. • 01 � 0. . . I . a Z a T 4 AII 114 Z The parties agree that any action arising out of this Agreement shalltake place in Palm Beach County, Florida. I wig-jI 25,1 CONTRACTOR certifies, that it is aware of and complies with the requirements of: Section 448i.095, Florida' Statutes, as may be amended from firne to time and briefly diesicribed herein below,, A. "Contractor" means ail person or entity that has entered or �s attempting to enter into a contract with a public employer to 'M 7i labor, suppfies, or services to such employer in exchiange for a salary, wages, or other remuneration. 'Contractor" includes, but is not limited to, a vendor or consultant,, �B.i "Subcontractor" means a person or e�ntity that provides labor, supplies, or services to or for a contractor or another subcontractor in eixcha,nge for a salary, wages, or of remuneration. C. "E -Verify system" means an Internel-based system operated! by the Unifted States Department of Homeland Security that aflows participating employers to electronically verify the employment eligii�bililty of newly hired employees. 25, 1 2 Registration Requirement; Terminatlow Pursuant to Section 448,.095, Florida Statutes, effective Jan uairy 1, 2021, Contractors, shall register with and use the E -i Verify System in order to verify the work authorization statusi of all, newly hired eimiployees. Contractor shaM register for and utilize the U.Si. Department of Homeland Security's, E-Ver�ify System to verify the employment eligibility ol X All persons employed bya Contractorto perform employmentdiubeswlthin Ronda during the term of the contract', and RFQ INo. UTUM14 Professbnal Surveying & Mapping Services M 11) Claijs T*1101flif lilt, recelo wi Ma notice Tow,w w wa ons �ra a ie dof false certification was, maide 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 rightto terminate the contract and seek civil remedies piursuant to Section 287.135, Florida Statutes, as, amended from time to time. PIMMEMARM 27A Any and all legal action necessary to enforce the termisi of this Agreement shall be governed, by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent Jurisdiction located in Palm Bieach County, 2T2 No assignment by a party hereto oerests in the Contract Documents will be bind ingi, on another party hereto without the written consent of the piairty 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 maily baw), and uMess specifically stated to the contrary in any wriltten consent to an assignment nor assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 273 C 11y a nd CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partneiis, successors, assigns, and legal representatives In respect of all covenants, agreements, and', oWigations contained in: the Contract Documents, RFQ No, UT -014 Protessionall Suirveying MappDng Services RN 9.71MMUTT-FINIFTMons 2112341 "Mj[ 281 Correction of Work. If, in the j�udgiment of CITY, work provided by CONTRACTOR doies not conform to the requirements of this Agreement, or if the woirk exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR Correct aill deficiencies in the work to bring the work into conformance without additional cost to CITY, and1or replace ailny personnel who fail to perform in accordance with the reqluireiments of this Agreement, ClTY shall be the sole judge of non-conformance and the quality of workmanship. w141 �61=2 &F--= &]MAI FWM =SIT= RFQ No UITL22-014 ProfessionW Surveying & Ma,pping Services ow w 4M 28,3 Remedilles, in Defoult, In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in wriiting, of such abandonment, delay, refusal� fa I Oure, neglect, or default and direct CONTRZOA to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the performance Boind, If the abandonment, delay, refusal, faflure, nieglect, or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a, default of the Agreement and notify, CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shafl within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at Its, own cost and expense. RFQ No. UTL22-0114 Profess ion,a:lSurveying & Mapping Services M IN WITNESS WHEREOF, the parties have hereuinto set their hands and seats on the day and yeM r set, forth below their respective signatures. INWtTNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shalt be considered an original on the followling dates: DATED this IL day of CITY OF BOYNTON BEACH "Stables, Interim C�4 Manager (Authorized Official Name),, (Vendol C, Andre Rayman, PSM Vr]Wt -Narne of Authorized Officiall NT ox NL M;aylee a "sus, ty CI, lie L Approved as to Form,,/,, V miYdi� Office of the iui NII Attorney Title Aftest/Authentic ated,, Y C-10 Page 183 of 568 Page 184 of 568 Classification HIouMrly Rates l Employees Identified Project Manager $1172.00 � W Jennifer Malin, PSM,A Andre W eyrnen _. PSM Profes,sionail Surveyor/Mapper 158,00 .............. ...._ . WmmJohn Rice„ PSS........ . ..................-,"Justice .................Jra'tice Sadzdza uchiy SI S ni r Field Representative $12100 Travis Morrell (Professional) Survey Greg (2 Men) $144.00 Michael Ven Zee, Brent Sampaio Survey Crew (3 Men) ce Cole, Edwr in Mansell Laser Survey Crew t 7.M�0 Kevin Gomez, Juan Glave graphic Survey Grew $170.00 Simon N e lin, Jean P d el �1S SpecialistX2.0'0 _- � ........ .. __.- "_��"__ fiery l�ynne!n„ PSS CAD1 Technician .o0 wwwwwwwwww_www_w_w_wwww ww M arMeh Anderson Aerial Photo r lmmefry / N/ Pngenuity group, Inc. Page 185 of 568 RIF O Nou , UTL22-014 Professional Surveying & Mappnnig Services 0 0 ®R 0, 7 MR! MORM, 11 --------- general Liability General Aggregate 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000"Oo Owners & Con'tractor's Protective (OCP) Personal & Adv, injury $ 1,000,000,00 Asbestos Abatement Each Occurrence $ 1,0010,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000m Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors, Fire Legal Liability -------------- 1 i; _7�P�7 ... ......... ------------ — -------_---­------ -- Aggregate - $1,000,000M, ------------------------- ---------- ------------------------- C-o--m--b-jn—e—d--Si—n-g—il—e--Li--m-i,t------------------- I_'_0"0i0__'_0_'0_0W'0_0--- Any Auto All Owned Autos Hired Autos, Non -Owned Autos --------- ------------ Excess, Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined WorkeesCompensation Statutory Limits tEmployer's Liability Each Accident $ 1,0001,000,00 Disease, Policy Limit $ 1,000,000-00 Disease Each Employee, $ 1,000,000.00 Property, Homeowners Revocable Permit Builder's Risk Installation Floater Rpt No, UTL22'-014 Professional Surveying & Mapping Services $ 300,01WOnm I M �EIDOIIDEIEID V n. Mw 1:11:11:1 El El 0- aw 4 M aw m m m m m El E1,10 0 El El DO lcl '? El 0 El 11 E] E] 11 El Ab 111 xw Mx Z) El, R El El El 0 El 1:11 nw Mw xod CD C, M �EIDOIIDEIEID V 1:11:11:1 El El 0- 4 M CO m m m m m El E1,10 0 El El DO lcl '? El 0 El 11 E] E] 11 El Z) El, R El El El 0 El 1:11 CD C, W 7Fg Co 15 10 Page 188 of M I WE 9w ME MMMM� 0 Fm qp, IF." A F. dF IN. -9h III l= 11 I .1 A I-' Page 189 of 568 M 0. M CL c 0 a 0 Cr E c 0 CL w E 8 8 E m 0 N M> LD r am E n m E pc L) 2 A? 5 0. z 5 w CL I-' Page 189 of 568 10. 0 Consent Agenda 1/3/2023 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/3/2023 Requested Action by Commission: Proposed Resolution No. R23-005- Amend the FY 2022-23 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001), Building Fund (130), Parks & Recreation Trust Fund (141), General Government Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 & 404), the Golf Capital Improvement Fund (412), and the Fleet Fund (501) for previous years Purchase Orders. Explanation of Request: The FY 2022-23 Budget was adopted in September of 2022, before identifying all prior year Cl P purchase orders - this review occurs late October thru December. As such, the FY 2022-23 Adopted Budget for various Capital Improvement Projects and related accounts need to be adjusted to reflect outstanding FY21- 22 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 practice, for all City operating budgets and unspent appropriations are to be cancelled at the end of each fiscal year. Thus, the unspent monies become 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, these funds should be re -appropriated to provide the continued spending authority for these projects. Accordingly, during FY 2022-23 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 $107,372,024 to $107,416,523 due to prior year encumbrances related to the City's Independent Financial Review and equipment purchase. • The Building Fund will be amended for Fund 130 from $3,756,482 to $3,782,254 due to prior year encumbrances for acquisition of a vehicle. • The Parks and Recreation Trust Fund will be amended for fund 141 from $350,048 to $453,012 due to prior year encumbrance related to the Parks Mater Plan. • The Capital Improvement Fund will be amended for Fund 302 from $5,003,864 to $6,476,743 and Fund 303 will be amended from $9,138,662 to $11,070,337 all due to prior year encumbrances and available prior year project budgets. • The Water & Sewer Utility Capital Funds will be amended for Fund 403 from $33,080,000 to $38,098,109 and for Fund 404 from $2,650,000 to $2,882,056 due to both prior year encumbrances and prior year available project budget. • The Golf Capital Improvement Fund will be amended for Fund 412 from $75,148 to $784,930 for both prior year encumbrance and prior year available project budget. • The Fleet Fund will be amended from $12,152,383 to $16,090,631 due to prior year encumbrances Page 190 of 568 related to vehicle purchases. How will this affect city programs or services? The City would continue to follow good and appropriate 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()lLAti0111 D ddEsir:dUlirn Description RE)S akAtioin approviir:g IC: L.aidget irTIEsir':diryiEsir':t I:::::X2223IFlY IC.::'Ulircha SE) OrdEsir BL.aidgE't irTIEsir:dirTIEsirII Page 191 of 568 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 RESOLUTION R23-005 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR 2022-23 BUDGET, WHICH WILL ADJUST BUDGETED APPROPRIATIONS AND REVENUE SOURCES AND PROVIDE SPENDING AUTHORITY FOR THE GENERAL FUND (001), BUILDING FUND (130), PARKS & RECREATION TRUST FUND (141), GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUNDS (302 & 303), THE UTILITY CAPITAL IMPROVEMENT FUNDS (403 & 404), THE GOLF CAPITAL IMPROVEMENT FUND (412), AND THE FLEET FUND (501) FOR PREVIOUS YEARS PURCHASE ORDERS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the Fiscal Year 2022-23 Budget was adopted in September of 2022, before identifying all prior year CIP purchase orders which review occurs late October thru December; and WHEREAS, as such, the Fiscal Year 2022-23 Adopted Budget for various Capital Improvement Projects and related accounts needs to be adjusted to reflect outstanding FY21-22 purchase order encumbrances; and WHEREAS, the City's practice, for all City operating budgets and unspent appropriations are to be cancelled at the end of each fiscal year, thus, the unspent monies become part of the fund balance of each fund; and WHEREAS, accordingly staff is requesting Commission approval to amend the FY 2022- 23 budget as noted specifically on Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. S:ACA\RESO\Budget\2022 - 2023 BudgetTY22-23 Budget Aiuendiuent Resolution - (December 20, 2022).Docx Page 192 of 568 32 Section 2. That the City Commission hereby approves amending the appropriated 33 Fiscal Year 2022-2023 budget, which will adjust budgeted appropriations and revenue 34 sources and provide spending authority for Department or Fund Operating and Capital 35 Budget as noted on Exhibit A, a copy of which is attached hereto and incorporated herein by 36 reference. The following funds will be amended: 37 a. The General Fund will be amended for Fund 001 from $107,372,024 to $107,416,523 38 due to prior year encumbrances related to the City's Independent Financial Review 39 and equipment purchase. 40 b. The Building Fund will be amended for Fund 130 from $3,756,482 to $3,782,254 due 41 to prior year encumbrances for acquisition of a vehicle. 42 c. The Parks and Recreation Trust Fund will be amended for fund 141 from $350,048 43 to $453,012 due to prior year encumbrance related to the Parks Mater Plan. 44 d. The Capital Improvement Fund will be amended for Fund 302 from $5,003,864 to 45 $6,476,743 and Fund 303 will be amended from $9,138,662 to $11,070,337 all due 46 to prior year encumbrances and available prior year project budgets. 47 e. The Water & Sewer Utility Capital Funds will be amended for Fund 403 from 48 $33,080,000 to $38,098,109 and for Fund 404 from $2,650,000 to $2,882,056 due to 49 both prior year encumbrances and prior year available project budget. 50 f. The Golf Capital Improvement Fund will be amended for Fund 412 from $75,148 to 51 $784,930 for both prior year encumbrance and prior year available project budget. 52 g. The Fleet Fund will be amended from $12,152,383 to $16,090,631 due to prior year 53 encumbrances related to vehicle purchases. 54 S:ACA\RESO\Budget\2022 - 2023 BudgetTY22-23 Budget Aiuendiuent Resolution - (December 20, 2022).Docx Page 193 of 568 55 Section 3. This Resolution shall become effective immediately upon passage. 56 PASSED AND ADOPTED this 20th day of December, 2022. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 ATTEST: 72 73 74 75 Maylee De Jesus, MPA, MMC 76 City Clerk 77 78 79 (Corporate Seal) 80 81 82 83 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Budget\2022 - 2023 Budget\FY22-23 Budget Aiuendiuent Resolution - (December 20, 2022).Docx Page 194 of 568 S:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet Page 195 of 568 12/9/20224:21 PM 1 of4 CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2022-23, Commission Meeting 12/20/22 2022/23 2022/23 PROJECT PO AMENDED Amendment AMENDED NUMBER # BUDGET Revenue PO Accounts BUDGET Vendor/Comments GENERAL FUND Central Square Data as, f12PI2022 001-0000-389.91-00 FUND BALANCE APPROPRIATED (2,727,536) 44,499 (2,683,037) Adopted Fund Total Revenues 107,372,024 44,499 107,416,523 001-1211-512.32-10 AUDIT FEE 220862 74,073 9,500 83,573 Davenport 001-2730-572.64-02 GENERAL EQUIPMENT 221761 3,320 34,999 38,319 Kelly Tractor Co Adopted Fund Total Expenses 107,372,024 44,499 107,416,523 BUILDING FUND 130-0000-389.91-00 FUND BALANCE APPROPRIATED 118,482 25,772 144,254 Adopted Fund Total Revenues 3,756,482 25,772 3,782,254 130-2411-524.64-33 VEHICLE PURCHASES 221600 25,000 25,772 50,772 Duval Ford Adopted Fund Total Expenses 3,756,482 25,772 3,782,254 PARKS & REC TRUST FUND 141-0000-389.91-00 FUND BALANCE APPROPRIATED (235,764) 102,964 (132,800) Adopted Fund Total Revenues 350,048 102,964 453,012 141-2730-572.49-17 OTHER CONTRACTUAL SRVS 221069 - 102,964 102,964 2GHO INC. Lansca Adopted Fund Total Expenses 350,048 102,964 453,012 CAPITAL IMPROVEMENT FUND 302-0000-369.22-00 CRA REIMBURSEMENT 2,154,200 84,013 2,238,213 302-0000-389.91-00 FUND BALANCE APPROPRIATED (451,086) 1,388,865 937,779 Adopted Fund Total Revenues 5,003,864 1,472,879 6,476,743 302-4126-522.62-01 BUILDING IMPROVEMENTS FA2205 221252 500,000 2,000 502,000 Earthology, LLC 302-4135-572.63-05 PARKS IMPROVEMENTS RP2202 220685 1,000,000 85,397 1,085,397 2GHO Inc. Lansca 302-4145-580.62-01 BUILDING IMPROVEMENTS RP2203 221706 250,000 52,482 302,482 Anzco, Inc 302-4145-580.62-01 BUILDING IMPROVEMENTS RP2203 221092 302,482 1,442 303,924 Step CG, LLC 302-4145-580.62-01 BUILDING IMPROVEMENTS RP2203 221067 303,924 43,817 347,741 Thyssenkrupp Ele 302-4145-580.63-08 STREET IMPROVEMENTS RP2139 221830 347,741 51,419 399,160 2GHO Inc. Lansca 302-4211-572.63-05 PARKS IMPROVEMENTS RP2131 221429 101,237 25,310 126,547 Alexis Knight 303-4211-572.63-05 PARKS IMPROVEMENTS RP2131 220911 126,547 1,053,609 1,180,156 Ferreira Construction 302-4905-580.63-07 CRA IMPROVEMENTS TR2110 221094 198,200 45,291 243,491 Alexis Knight 302-4905-580.63-07 CRA IMPROVEMENTS TR2110 221108 243,491 20,466 263,957 Davco Electrical 302-4905-580.63-07 CRA IMPROVEMENTS TR2110 221115 263,957 5,907 269,864 Davco Electrical 302-4905-580.63-07 CRA IMPROVEMENTS TR2110 221126 269,864 12,349 282,213 Graybar Electric 302-4905-580.63-08 STREET IMPROVEMENTS TR2104 210833 1,106,000 25,507 1,131,507 Calvin, Giordano 302-4905-580.63-08 STREET IMPROVEMENTS TR2001 210359 1,131,507 47,883 1,179,390 Kimley Horn & As Adopted Fund Total Expenses 5,003,864 1,472,879 6,476,743 S:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet Page 195 of 568 12/9/20224:21 PM 1 of4 CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2022-23, Commission Meeting 12/20/22 2022/23 PROJECT PO AMENDED NUMBER # BUDGET 303-0000-389.91-00 FUND BALANCE APPROPRIATED 4,736,662 Adopted Fund Total Revenues 9,138,662 303-1214-580.63-00 I M P VTS OTHER THAN BLDG S 303-1214-580.63-00 IMP VTS OTHER THAN BLDG S 303-4101-580.62-01 BUILDING IMPROVEMENTS 303-4101-580.62-01 BUILDING IMPROVEMENTS 303-4101-580.64-15 COMPUTER EQUIPMENT 303-4101-580.64-15 COMPUTER EQUIPMENT 303-4101-580.64-15 COMPUTER EQUIPMENT 303-4101-580.64-15 COMPUTER EQUIPMENT 303-4101-580.64-18 AIR CONDITIONERS 303-4101-580.64-18 AIR CONDITIONERS 303-4103-580.63-15 GROUNDS IMPROVEMENTS 303-4107-573.62-01 BUILDING IMPROVEMENTS 303-4107-573.62-01 BUILDING IMPROVEMENTS 303-4113-572.63-05 PARKS IMPROVEMENTS 303-4113-572.63-05 PARKS IMPROVEMENTS 303-4116-580.62-01 BUILDING IMPROVEMENTS 303-4119-521.64-15 COMPUTER EQUIPMENT 303-4126-522.62-01 BUILDING IMPROVEMENTS 303-4126-522.62-01 BUILDING IMPROVEMENTS 303-4126-522.64-18 AIR CONDITIONERS 303-4127-522.64-15 COMPUTER EQUIPMENT 303-4199-580.64-15 COMPUTER EQUIPMENT 303-4209-572.63-05 PARKS IMPROVEMENTS 303-4209-572.63-05 PARKS IMPROVEMENTS 303-4209-572.63-05 PARKS IMPROVEMENTS 303-4220-580.62-01 BUILDING IMPROVEMENTS 303-4223-572.64-15 COMPUTER EQUIPMENT 303-4233-572.63-05 PARKS IMPROVEMENTS 303-4233-572.63-05 PARKS IMPROVEMENTS 303-4233-572.63-05 PARKS IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4906-541.63-22 BRIDGE IMPROVEMENTS 303-4906-541.63-22 BRIDGE IMPROVEMENTS Adopted Fund Total Expenses Amendment Revenue PO Accounts 1,931,675 1,931,675 TS2101 210967 - 9,000 TS2101 221547 9,000 13,797 GG1901 211002 50,000 2,289 GG1901 220771 52,289 1,965 IT2104 221320 181,004 1,730 IT2202 221596 182,734 24,134 IT2104 220656 206,868 6,223 IT2201 221128 213,091 97,739 GG1004 221688 20,000 33,400 GG1004 221693 53,400 34,500 GG1801 201340 - 46,749 GG2105 211381 - 2,220 GG2206 221675 2,220 13,665 RP2221 221666 11,000 59,934 RP2218 221784 70,934 300,000 GG2006 221378 5,000 8,976 PD2202 221810 62,000 1,085 FA2204 221419 - 27,450 FA2203 221705 27,450 14,800 GH2210 220863 44,550 4,044 FA2211 221584 - 25,309 Exhibit A 2022/23 AMENDED BUDGET Vendor/Comments 6,668,337 221608 11,070,337 19,429 9,000 All Counties PAI 22,797 J.C. White Arch 52,289 All Counties PAI 54,253 RPM General Cont 182,734 Broadcast System 206,868 Broadcast System 213,091 Step CG, LLC 310,830 Step CG, LLC 53,400 A-1 Air Solutions 87,900 A-1 Air Solutions 46,749 Alexis Knight 2,220 Anzco,lnc 15,885 Eagle Painting 70,934 Playmore Recreation 370,934 Playmore Recreation 13,976 Broadcast System 63,085 Broadcast System 27,450 All Counties PAI 42,250 All Counties PAI 48,594 A-1 Air Solutions 25,309 Broadcast System FA2210 221582 82,550 82,550 Broadcast System RP2009 221608 3,000,000 19,429 3,019,429 Armor Courts Inc RP2016 200750 3,019,429 15,386 3,034,815 Republic Construction RP2101 210467 3,034,815 25,110 3,059,925 2GHO Inc. Landscaping RP1902 221131 - 12,230 12,230 Davco Electrical RP2206 221566 99,220 99,220 Broadcast System RP2107 221729 - 15,930 15,930 Mullings Engineer RP2107 221730 15,930 54,750 70,680 Mullings Engineer RP2047 221759 70,680 123,417 194,097 Victor Stanley CP0266 221662 2,000,000 10,340 2,010,340 Atlantic Southern Paving CP0266 221708 2,010,340 13,563 2,023,903 Atlantic Southern Paving CP0266 221709 2,023,903 44,522 2,068,424 Atlantic Southern Paving CP0266 221823 2,068,424 166,570 2,234,994 Atlantic Southern Paving CP0266 201117 2,234,994 25,550 2,260,544 Calvin, Giordano CP0266 221831 2,260,544 3,265 2,263,809 Federal Engineer CP0266 221654 1,179,390 287,861 1,467,251 R&D Paving TR2101 221654 1,467,251 200,000 1,667,251 R&D Paving TR0903 221421 100,000 1,325 101,325 Con Tech Building TR0903 221792 101,325 1,648 102,973 Con Tech Building 9,138,662 1,931,675 11,070,337 5:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet Page 196 of 568 12/9/20224:21 PM 2 of4 CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2022-23, Commission Meeting 12/20/22 5:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet Page 197 of 568 12/9/20224:21 PM 3 of4 2022/23 2022/23 PROJECT PO AMENDED Amendment AMENDED NUMBER # BUDGET Revenue PO Accounts BUDGET Vendor/Comments UTILITY FUND CAPITAL IMPROVEMENT FUND 403-0000-389.92-00 NET ASSETS APPROPR 18,277,575 5,018,109 23,295,684 Adopted Fund Total Revenues 33,080,000 5,018,109 38,098,109 403-5000-533.65-02 R&R - WATER UC2102 211392 29,947,267 16,765 29,964,032 AECOM Technical 403-5000-533.65-02 R&R - WATER WT2202 221116 29,964,032 175,052 30,139,084 AECOM Technical 403-5000-533.65-02 R&R - WATER WTR127 221632 30,139,084 16,000 30,155,084 All -Pro Fence 403-5000-533.65-02 R&R - WATER WTR075 220938 30,155,084 8,833 30,163,917 AMPS, Inc. 403-5000-533.65-02 R&R - WATER WT2102 211286 30,163,917 547 30,164,465 Anixter 403-5000-533.65-02 R&R - WATER WT2103 221156 30,164,465 34,995 30,199,460 Arroyo Process 403-5000-533.65-02 R&R - WATER UC1802 220936 30,199,460 24,142 30,223,601 Baxter & Woodman 403-5000-533.65-02 R&R - WATER WT1802 221321 30,223,601 139,164 30,362,765 Board of County 403-5000-533.65-02 R&R - WATER WTR127 221325 30,362,765 276,800 30,639,565 Broadcast System 403-5000-533.65-02 R&R - WATER WTR127 221326 30,639,565 89,993 30,729,558 Broadcast System 403-5000-533.65-02 R&R - WATER WTR020 190724 30,729,558 56,786 30,786,344 CH2M Hill 403-5000-533.65-02 R&R - WATER WT1902 191014 30,786,344 15,714 30,802,057 CH2M Hill 403-5000-533.65-02 R&R - WATER WT2008 210345 30,802,057 14,910 30,816,967 CH2M Hill 403-5000-533.65-02 R&R - WATER WT1605 210667 30,816,967 34,950 30,851,917 FI Caribbean 403-5000-533.65-02 R&R - WATER WT2008 210344 30,851,917 44,103 30,896,019 Globaltechlnc 403-5000-533.65-02 R&R - WATER WTR105 221555 30,896,019 184,918 31,080,937 Globaltechlnc 403-5000-533.65-02 R&R - WATER WT2103 221221 31,080,937 187,750 31,268,687 Integrity Munici 403-5000-533.65-02 R&R - WATER WT1802 211524 31,268,687 4,107 31,272,794 Jacobs Engineering 403-5000-533.65-02 R&R - WATER WT2102 221226 31,272,794 9,100 31,281,894 Jacobs Engineering 403-5000-533.65-02 R&R - WATER WT2102 220562 31,281,894 1,211 31,283,105 Johnson Controls 403-5000-533.65-02 R&R - WATER WT2102 221458 31,283,105 106,500 31,389,605 Johnson -Davis 403-5000-533.65-02 R&R - WATER WT1802 221796 31,389,605 79,025 31,468,630 Johnson -Davis 403-5000-533.65-02 R&R - WATER WTR105 221805 31,468,630 227,601 31,696,231 Killebrew 403-5000-533.65-02 R&R - WATER WT1802 221805 31,696,231 365,869 32,062,100 Killebrew 403-5000-533.65-02 R&R - WATER UC2103 210359 32,062,100 12,236 32,074,335 Kimley Horn 403-5000-533.65-02 R&R - WATER WTR060 221754 32,074,335 53,150 32,127,485 Line -Tec Inc 403-5000-533.65-02 R&R - WATER WT2003 221042 32,127,485 2,015 32,129,500 Precision Contra 403-5000-533.65-02 R&R - WATER UC2203 221654 32,129,500 48,565 32,178,065 R&D Paving 403-5000-533.65-02 R&R - WATER WT2003 210806 32,178,065 5,333 32,183,398 Southern Underground 403-5000-533.65-02 R&R - WATER WT2103 221539 32,183,398 33,250 32,216,648 Star Controls 403-5000-533.65-02 R&R - WATER WT1902 221731 32,216,648 1,539,039 33,755,687 Taw Power System 403-5000-533.65-02 R&R - WATER WT2008 221280 33,755,687 729,812 34,485,499 TLC Diversified 403-5000-533.65-02 R&R - WATER WT1605 221711 34,485,499 102,736 34,588,235 West Architecture 403-5000-535.65-04 R&R -SEWER SWR102 220411 10,008,842 812 10,009,654 Advanced Roofing 403-5000-535.65-04 R&R -SEWER SWR064 201340 10,009,654 28,289 10,037,943 Alexis Knight 403-5000-535.65-04 R&R -SEWER SWR064 191121 10,037,943 14,504 10,052,447 Carollo Engineers 403-5000-535.65-04 R&R -SEWER SWR102 220488 10,052,447 52,843 10,105,290 FL Design Drilling 403-5000-535.65-04 R&R -SEWER SW2101 211027 10,105,290 18,557 10,123,848 Foster Marine Co 403-5000-535.65-04 R&R -SEWER SW1801 220900 10,123,848 165,959 10,289,807 McKim &Creed 403-5000-535.65-04 R&R -SEWER UC2103 210359 10,289,807 886 10,290,693 Kimley Horn 403-5000-535.65-04 R&R -SEWER SW2202 221446 10,290,693 490,740 10,781,433 Johnson -Davis Inc 403-5000-535.65-04 R&R -SEWER UC2203 221654 10,781,433 9,680 10,791,113 R&D Paving 403-5000-535.65-04 R&R -SEWER SWR102 211639 10,791,113 76,538 10,867,651 RPM General Cont 403-5000-536.31-90 OTHER PROFESSIONAL SRVS UC1804 201360 720,940 94,496 815,436 McGovern McDonald 403-5000-538.65-09 R&R - STORMWATER UC2102 211392 4,992,926 95,618 5,088,544 AECOM Technical 403-5000-538.65-09 R&R - STORMWATER UC1802 220936 5,088,544 72,425 5,160,969 Baxter & Woodman 403-5000-538.65-09 R&R - STORMWATER STM031 220939 5,160,969 66,500 5,227,469 MWI Corporation 403-5000-538.65-09 R&R - STORMWATER UC2203 221654 5,227,469 460,955 5,688,424 R&D Paving 403-5000-538.65-09 R&R - STORMWATER STM031 221122 5,688,424 18,953 5,707,376 Shenandoah 403-5000-538.65-09 R&R - STORMWATER UC1802 191253 5,707,376 34,913 5,742,289 The Merchant Str Adopted Fund Total Expenditures 33,080,000 5,018,109 38,098,109 5:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet Page 197 of 568 12/9/20224:21 PM 3 of4 CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2022-23, Commission Meeting 12/20/22 2022/23 PROJECT PO AMENDED NUMBER # BUDGET UTILITY FUND CAPITAL IMPROVEMENT FUND 152,414 404-0000-381.04-09 2,504,642 2,650,000 232,056 UTILITY BOND 2016 412-0000-389.92-00 - 33,610 404-0000-389.92-00 Baxter & Woodman 33,610 46,032 79,642 NET ASSETS APPROPR - 40,964 40,964 Carollo Engineer 111,450 111,450 Garney Companies Adopted Fund Total Revenues 320,818 404-5000-536.65-11 BUILDING IMPROVEMENTS GF2201 221551 75,000 WASTEWATER REUSE RE0005 221673 404-5000-536.65-11 Adopted Fund Total Expenditures WASTEWATER REUSE RE0005 210464 404-5016-535.65-03 FLEET FUND SEWER SW1902 201284 404-5016-536.65-11 501-0000-389.92-00 WASTEWATER REUSE RE0005 210464 Exhibit A 2022/23 Amendment AMENDED Revenue PO Accounts BUDGET Vendor/Comments - 152,414 152,414 2,425,000 79,642 2,504,642 2,650,000 232,056 2,882,056 412-0000-389.92-00 - 33,610 33,610 Baxter & Woodman 33,610 46,032 79,642 Garney Companies - 40,964 40,964 Carollo Engineer 111,450 111,450 Garney Companies Adopted Fund Total Expenditures 2,650,000 232,056 2,882,056 Utility Totals 35,730,000 40,980,165 GOLF CIP FUND 412-0000-389.92-00 NET ASSETS APPROPR (141,152) 245,670 104,518 Adopted Fund Total Revenues 75,148 245,670 320,818 412-4501-572.62-01 BUILDING IMPROVEMENTS GF2201 221551 75,000 245,670 320,670 Anzco, Inc Adopted Fund Total Expenditures 75,148 709,782 784,930 FLEET FUND 501-0000-389.92-00 NET ASSETS APPROPR 1,813,820 3,938,248 5,752,068 Adopted Fund Total Revenues 12,152,383 3,938,248 16,090,631 501-2516-519.62-01 BUILDING IMPROVEMENTS 221597 42,000 1,000 43,000 Anzo, Inc. 501-2516-519.46-91 SOFTWARE MAINTENANCE 221819 55,858 151,820 207,678 Assetworks Inc 501-2516-519.64-33 VEHICLE PURCHASES 220584 7,790,235 34,894 7,825,129 Alan Jay Chevrol 501-2516-519.64-33 VEHICLE PURCHASES 221182 7,825,129 31,065 7,856,194 Alan Jay Chevrol 501-2516-519.64-33 VEHICLE PURCHASES 221158 7,856,194 232,750 8,088,944 Dobbs Equipment 501-2516-519.64-33 VEHICLE PURCHASES 220293 8,088,944 53,117 8,142,061 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220294 8,142,061 35,426 8,177,487 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220344 8,177,487 35,720 8,213,207 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220345 8,213,207 46,943 8,260,150 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220575 8,260,150 72,300 8,332,450 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220577 8,332,450 48,303 8,380,753 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220615 8,380,753 30,827 8,411,580 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220616 8,411,580 30,954 8,442,534 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220617 8,442,534 34,140 8,476,674 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220760 8,476,674 53,184 8,529,858 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220761 8,529,858 25,538 8,555,396 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220762 8,555,396 81,894 8,637,290 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220763 8,637,290 81,014 8,718,304 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 221471 8,718,304 26,437 8,744,741 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 210584 8,744,741 996 8,745,737 Garber Chrysler 501-2516-519.64-33 VEHICLE PURCHASES 220556 8,745,737 347,791 9,093,528 Generl GMC 501-2516-519.64-33 VEHICLE PURCHASES 220557 9,093,528 342,283 9,435,811 Generl GMC 501-2516-519.64-33 VEHICLE PURCHASES 220573 9,435,811 334,455 9,770,266 Generl GMC 501-2516-519.64-33 VEHICLE PURCHASES 220736 9,770,266 87,958 9,858,224 Hector Turf 501-2516-519.64-33 VEHICLE PURCHASES 220572 9,858,224 352,892 10,211,116 Rechtien International 501-2516-519.64-33 VEHICLE PURCHASES 220764 10,211,116 235,673 10,446,789 Rechtien International 501-2516-519.64-33 VEHICLE PURCHASES 221670 10,446,789 1,068,839 11,515,628 South FL Emergen 501-2516-519.64-33 VEHICLE PURCHASES 221622 11,515,628 60,035 11,575,663 Thompson Pump & Adopted Fund Total Expenditures 12,152,383 5:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet 3,938,248 16,090,631 Page 198 of 568 12/9/20224:21 PM 4 of4 S:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet Page 199 of 568 12/9/20224:21 PM 1 of4 CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2022-23, Commission Meeting 12/20/22 2022/23 2022/23 PROJECT PO AMENDED Amendment AMENDED NUMBER # BUDGET Revenue PO Accounts BUDGET Vendor/Comments GENERAL FUND Central Square Data as, f12PI2022 001-0000-389.91-00 FUND BALANCE APPROPRIATED (2,727,536) 44,499 (2,683,037) Adopted Fund Total Revenues 107,372,024 44,499 107,416,523 001-1211-512.32-10 AUDIT FEE 220862 74,073 9,500 83,573 Davenport 001-2730-572.64-02 GENERAL EQUIPMENT 221761 3,320 34,999 38,319 Kelly Tractor Co Adopted Fund Total Expenses 107,372,024 44,499 107,416,523 BUILDING FUND 130-0000-389.91-00 FUND BALANCE APPROPRIATED 118,482 25,772 144,254 Adopted Fund Total Revenues 3,756,482 25,772 3,782,254 130-2411-524.64-33 VEHICLE PURCHASES 221600 25,000 25,772 50,772 Duval Ford Adopted Fund Total Expenses 3,756,482 25,772 3,782,254 PARKS & REC TRUST FUND 141-0000-389.91-00 FUND BALANCE APPROPRIATED (235,764) 102,964 (132,800) Adopted Fund Total Revenues 350,048 102,964 453,012 141-2730-572.49-17 OTHER CONTRACTUAL SRVS 221069 - 102,964 102,964 2GHO INC. Lansca Adopted Fund Total Expenses 350,048 102,964 453,012 CAPITAL IMPROVEMENT FUND 302-0000-369.22-00 CRA REIMBURSEMENT 2,154,200 84,013 2,238,213 302-0000-389.91-00 FUND BALANCE APPROPRIATED (451,086) 1,388,865 937,779 Adopted Fund Total Revenues 5,003,864 1,472,879 6,476,743 302-4126-522.62-01 BUILDING IMPROVEMENTS FA2205 221252 500,000 2,000 502,000 Earthology, LLC 302-4135-572.63-05 PARKS IMPROVEMENTS RP2202 220685 1,000,000 85,397 1,085,397 2GHO Inc. Lansca 302-4145-580.62-01 BUILDING IMPROVEMENTS RP2203 221706 250,000 52,482 302,482 Anzco, Inc 302-4145-580.62-01 BUILDING IMPROVEMENTS RP2203 221092 302,482 1,442 303,924 Step CG, LLC 302-4145-580.62-01 BUILDING IMPROVEMENTS RP2203 221067 303,924 43,817 347,741 Thyssenkrupp Ele 302-4145-580.63-08 STREET IMPROVEMENTS RP2139 221830 347,741 51,419 399,160 2GHO Inc. Lansca 302-4211-572.63-05 PARKS IMPROVEMENTS RP2131 221429 101,237 25,310 126,547 Alexis Knight 303-4211-572.63-05 PARKS IMPROVEMENTS RP2131 220911 126,547 1,053,609 1,180,156 Ferreira Construction 302-4905-580.63-07 CRA IMPROVEMENTS TR2110 221094 198,200 45,291 243,491 Alexis Knight 302-4905-580.63-07 CRA IMPROVEMENTS TR2110 221108 243,491 20,466 263,957 Davco Electrical 302-4905-580.63-07 CRA IMPROVEMENTS TR2110 221115 263,957 5,907 269,864 Davco Electrical 302-4905-580.63-07 CRA IMPROVEMENTS TR2110 221126 269,864 12,349 282,213 Graybar Electric 302-4905-580.63-08 STREET IMPROVEMENTS TR2104 210833 1,106,000 25,507 1,131,507 Calvin, Giordano 302-4905-580.63-08 STREET IMPROVEMENTS TR2001 210359 1,131,507 47,883 1,179,390 Kimley Horn & As Adopted Fund Total Expenses 5,003,864 1,472,879 6,476,743 S:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet Page 199 of 568 12/9/20224:21 PM 1 of4 CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2022-23, Commission Meeting 12/20/22 2022/23 PROJECT PO AMENDED NUMBER # BUDGET 303-0000-389.91-00 FUND BALANCE APPROPRIATED 4,736,662 Adopted Fund Total Revenues 9,138,662 303-1214-580.63-00 I M P VTS OTHER THAN BLDG S 303-1214-580.63-00 IMP VTS OTHER THAN BLDG S 303-4101-580.62-01 BUILDING IMPROVEMENTS 303-4101-580.62-01 BUILDING IMPROVEMENTS 303-4101-580.64-15 COMPUTER EQUIPMENT 303-4101-580.64-15 COMPUTER EQUIPMENT 303-4101-580.64-15 COMPUTER EQUIPMENT 303-4101-580.64-15 COMPUTER EQUIPMENT 303-4101-580.64-18 AIR CONDITIONERS 303-4101-580.64-18 AIR CONDITIONERS 303-4103-580.63-15 GROUNDS IMPROVEMENTS 303-4107-573.62-01 BUILDING IMPROVEMENTS 303-4107-573.62-01 BUILDING IMPROVEMENTS 303-4113-572.63-05 PARKS IMPROVEMENTS 303-4113-572.63-05 PARKS IMPROVEMENTS 303-4116-580.62-01 BUILDING IMPROVEMENTS 303-4119-521.64-15 COMPUTER EQUIPMENT 303-4126-522.62-01 BUILDING IMPROVEMENTS 303-4126-522.62-01 BUILDING IMPROVEMENTS 303-4126-522.64-18 AIR CONDITIONERS 303-4127-522.64-15 COMPUTER EQUIPMENT 303-4199-580.64-15 COMPUTER EQUIPMENT 303-4209-572.63-05 PARKS IMPROVEMENTS 303-4209-572.63-05 PARKS IMPROVEMENTS 303-4209-572.63-05 PARKS IMPROVEMENTS 303-4220-580.62-01 BUILDING IMPROVEMENTS 303-4223-572.64-15 COMPUTER EQUIPMENT 303-4233-572.63-05 PARKS IMPROVEMENTS 303-4233-572.63-05 PARKS IMPROVEMENTS 303-4233-572.63-05 PARKS IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4905-580.63-08 STREET IMPROVEMENTS 303-4906-541.63-22 BRIDGE IMPROVEMENTS 303-4906-541.63-22 BRIDGE IMPROVEMENTS Adopted Fund Total Expenses Amendment Revenue PO Accounts 1,931,675 1,931,675 TS2101 210967 - 9,000 TS2101 221547 9,000 13,797 GG1901 211002 50,000 2,289 GG1901 220771 52,289 1,965 IT2104 221320 181,004 1,730 IT2202 221596 182,734 24,134 IT2104 220656 206,868 6,223 IT2201 221128 213,091 97,739 GG1004 221688 20,000 33,400 GG1004 221693 53,400 34,500 GG1801 201340 - 46,749 GG2105 211381 - 2,220 GG2206 221675 2,220 13,665 RP2221 221666 11,000 59,934 RP2218 221784 70,934 300,000 GG2006 221378 5,000 8,976 PD2202 221810 62,000 1,085 FA2204 221419 - 27,450 FA2203 221705 27,450 14,800 GH2210 220863 44,550 4,044 FA2211 221584 - 25,309 Exhibit A 2022/23 AMENDED BUDGET Vendor/Comments 6,668,337 221608 11,070,337 19,429 9,000 All Counties PAI 22,797 J.C. White Arch 52,289 All Counties PAI 54,253 RPM General Cont 182,734 Broadcast System 206,868 Broadcast System 213,091 Step CG, LLC 310,830 Step CG, LLC 53,400 A-1 Air Solutions 87,900 A-1 Air Solutions 46,749 Alexis Knight 2,220 Anzco,lnc 15,885 Eagle Painting 70,934 Playmore Recreation 370,934 Playmore Recreation 13,976 Broadcast System 63,085 Broadcast System 27,450 All Counties PAI 42,250 All Counties PAI 48,594 A-1 Air Solutions 25,309 Broadcast System FA2210 221582 82,550 82,550 Broadcast System RP2009 221608 3,000,000 19,429 3,019,429 Armor Courts Inc RP2016 200750 3,019,429 15,386 3,034,815 Republic Construction RP2101 210467 3,034,815 25,110 3,059,925 2GHO Inc. Landscaping RP1902 221131 - 12,230 12,230 Davco Electrical RP2206 221566 99,220 99,220 Broadcast System RP2107 221729 - 15,930 15,930 Mullings Engineer RP2107 221730 15,930 54,750 70,680 Mullings Engineer RP2047 221759 70,680 123,417 194,097 Victor Stanley CP0266 221662 2,000,000 10,340 2,010,340 Atlantic Southern Paving CP0266 221708 2,010,340 13,563 2,023,903 Atlantic Southern Paving CP0266 221709 2,023,903 44,522 2,068,424 Atlantic Southern Paving CP0266 221823 2,068,424 166,570 2,234,994 Atlantic Southern Paving CP0266 201117 2,234,994 25,550 2,260,544 Calvin, Giordano CP0266 221831 2,260,544 3,265 2,263,809 Federal Engineer CP0266 221654 1,179,390 287,861 1,467,251 R&D Paving TR2101 221654 1,467,251 200,000 1,667,251 R&D Paving TR0903 221421 100,000 1,325 101,325 Con Tech Building TR0903 221792 101,325 1,648 102,973 Con Tech Building 9,138,662 1,931,675 11,070,337 5:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet Page 200 of 568 12/9/20224:21 PM 2 of4 CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2022-23, Commission Meeting 12/20/22 5:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet Page 201 of 568 12/9/20224:21 PM 3 of4 2022/23 2022/23 PROJECT PO AMENDED Amendment AMENDED NUMBER # BUDGET Revenue PO Accounts BUDGET Vendor/Comments UTILITY FUND CAPITAL IMPROVEMENT FUND 403-0000-389.92-00 NET ASSETS APPROPR 18,277,575 5,018,109 23,295,684 Adopted Fund Total Revenues 33,080,000 5,018,109 38,098,109 403-5000-533.65-02 R&R - WATER UC2102 211392 29,947,267 16,765 29,964,032 AECOM Technical 403-5000-533.65-02 R&R - WATER WT2202 221116 29,964,032 175,052 30,139,084 AECOM Technical 403-5000-533.65-02 R&R - WATER WTR127 221632 30,139,084 16,000 30,155,084 All -Pro Fence 403-5000-533.65-02 R&R - WATER WTR075 220938 30,155,084 8,833 30,163,917 AMPS, Inc. 403-5000-533.65-02 R&R - WATER WT2102 211286 30,163,917 547 30,164,465 Anixter 403-5000-533.65-02 R&R - WATER WT2103 221156 30,164,465 34,995 30,199,460 Arroyo Process 403-5000-533.65-02 R&R - WATER UC1802 220936 30,199,460 24,142 30,223,601 Baxter & Woodman 403-5000-533.65-02 R&R - WATER WT1802 221321 30,223,601 139,164 30,362,765 Board of County 403-5000-533.65-02 R&R - WATER WTR127 221325 30,362,765 276,800 30,639,565 Broadcast System 403-5000-533.65-02 R&R - WATER WTR127 221326 30,639,565 89,993 30,729,558 Broadcast System 403-5000-533.65-02 R&R - WATER WTR020 190724 30,729,558 56,786 30,786,344 CH2M Hill 403-5000-533.65-02 R&R - WATER WT1902 191014 30,786,344 15,714 30,802,057 CH2M Hill 403-5000-533.65-02 R&R - WATER WT2008 210345 30,802,057 14,910 30,816,967 CH2M Hill 403-5000-533.65-02 R&R - WATER WT1605 210667 30,816,967 34,950 30,851,917 FI Caribbean 403-5000-533.65-02 R&R - WATER WT2008 210344 30,851,917 44,103 30,896,019 Globaltechlnc 403-5000-533.65-02 R&R - WATER WTR105 221555 30,896,019 184,918 31,080,937 Globaltechlnc 403-5000-533.65-02 R&R - WATER WT2103 221221 31,080,937 187,750 31,268,687 Integrity Munici 403-5000-533.65-02 R&R - WATER WT1802 211524 31,268,687 4,107 31,272,794 Jacobs Engineering 403-5000-533.65-02 R&R - WATER WT2102 221226 31,272,794 9,100 31,281,894 Jacobs Engineering 403-5000-533.65-02 R&R - WATER WT2102 220562 31,281,894 1,211 31,283,105 Johnson Controls 403-5000-533.65-02 R&R - WATER WT2102 221458 31,283,105 106,500 31,389,605 Johnson -Davis 403-5000-533.65-02 R&R - WATER WT1802 221796 31,389,605 79,025 31,468,630 Johnson -Davis 403-5000-533.65-02 R&R - WATER WTR105 221805 31,468,630 227,601 31,696,231 Killebrew 403-5000-533.65-02 R&R - WATER WT1802 221805 31,696,231 365,869 32,062,100 Killebrew 403-5000-533.65-02 R&R - WATER UC2103 210359 32,062,100 12,236 32,074,335 Kimley Horn 403-5000-533.65-02 R&R - WATER WTR060 221754 32,074,335 53,150 32,127,485 Line -Tec Inc 403-5000-533.65-02 R&R - WATER WT2003 221042 32,127,485 2,015 32,129,500 Precision Contra 403-5000-533.65-02 R&R - WATER UC2203 221654 32,129,500 48,565 32,178,065 R&D Paving 403-5000-533.65-02 R&R - WATER WT2003 210806 32,178,065 5,333 32,183,398 Southern Underground 403-5000-533.65-02 R&R - WATER WT2103 221539 32,183,398 33,250 32,216,648 Star Controls 403-5000-533.65-02 R&R - WATER WT1902 221731 32,216,648 1,539,039 33,755,687 Taw Power System 403-5000-533.65-02 R&R - WATER WT2008 221280 33,755,687 729,812 34,485,499 TLC Diversified 403-5000-533.65-02 R&R - WATER WT1605 221711 34,485,499 102,736 34,588,235 West Architecture 403-5000-535.65-04 R&R -SEWER SWR102 220411 10,008,842 812 10,009,654 Advanced Roofing 403-5000-535.65-04 R&R -SEWER SWR064 201340 10,009,654 28,289 10,037,943 Alexis Knight 403-5000-535.65-04 R&R -SEWER SWR064 191121 10,037,943 14,504 10,052,447 Carollo Engineers 403-5000-535.65-04 R&R -SEWER SWR102 220488 10,052,447 52,843 10,105,290 FL Design Drilling 403-5000-535.65-04 R&R -SEWER SW2101 211027 10,105,290 18,557 10,123,848 Foster Marine Co 403-5000-535.65-04 R&R -SEWER SW1801 220900 10,123,848 165,959 10,289,807 McKim &Creed 403-5000-535.65-04 R&R -SEWER UC2103 210359 10,289,807 886 10,290,693 Kimley Horn 403-5000-535.65-04 R&R -SEWER SW2202 221446 10,290,693 490,740 10,781,433 Johnson -Davis Inc 403-5000-535.65-04 R&R -SEWER UC2203 221654 10,781,433 9,680 10,791,113 R&D Paving 403-5000-535.65-04 R&R -SEWER SWR102 211639 10,791,113 76,538 10,867,651 RPM General Cont 403-5000-536.31-90 OTHER PROFESSIONAL SRVS UC1804 201360 720,940 94,496 815,436 McGovern McDonald 403-5000-538.65-09 R&R - STORMWATER UC2102 211392 4,992,926 95,618 5,088,544 AECOM Technical 403-5000-538.65-09 R&R - STORMWATER UC1802 220936 5,088,544 72,425 5,160,969 Baxter & Woodman 403-5000-538.65-09 R&R - STORMWATER STM031 220939 5,160,969 66,500 5,227,469 MWI Corporation 403-5000-538.65-09 R&R - STORMWATER UC2203 221654 5,227,469 460,955 5,688,424 R&D Paving 403-5000-538.65-09 R&R - STORMWATER STM031 221122 5,688,424 18,953 5,707,376 Shenandoah 403-5000-538.65-09 R&R - STORMWATER UC1802 191253 5,707,376 34,913 5,742,289 The Merchant Str Adopted Fund Total Expenditures 33,080,000 5,018,109 38,098,109 5:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet Page 201 of 568 12/9/20224:21 PM 3 of4 CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2022-23, Commission Meeting 12/20/22 2022/23 PROJECT PO AMENDED NUMBER # BUDGET UTILITY FUND CAPITAL IMPROVEMENT FUND 152,414 404-0000-381.04-09 2,504,642 2,650,000 232,056 UTILITY BOND 2016 412-0000-389.92-00 - 33,610 404-0000-389.92-00 Baxter & Woodman 33,610 46,032 79,642 NET ASSETS APPROPR - 40,964 40,964 Carollo Engineer 111,450 111,450 Garney Companies Adopted Fund Total Revenues 320,818 404-5000-536.65-11 BUILDING IMPROVEMENTS GF2201 221551 75,000 WASTEWATER REUSE RE0005 221673 404-5000-536.65-11 Adopted Fund Total Expenditures WASTEWATER REUSE RE0005 210464 404-5016-535.65-03 FLEET FUND SEWER SW1902 201284 404-5016-536.65-11 501-0000-389.92-00 WASTEWATER REUSE RE0005 210464 Exhibit A 2022/23 Amendment AMENDED Revenue PO Accounts BUDGET Vendor/Comments - 152,414 152,414 2,425,000 79,642 2,504,642 2,650,000 232,056 2,882,056 412-0000-389.92-00 - 33,610 33,610 Baxter & Woodman 33,610 46,032 79,642 Garney Companies - 40,964 40,964 Carollo Engineer 111,450 111,450 Garney Companies Adopted Fund Total Expenditures 2,650,000 232,056 2,882,056 Utility Totals 35,730,000 40,980,165 GOLF CIP FUND 412-0000-389.92-00 NET ASSETS APPROPR (141,152) 245,670 104,518 Adopted Fund Total Revenues 75,148 245,670 320,818 412-4501-572.62-01 BUILDING IMPROVEMENTS GF2201 221551 75,000 245,670 320,670 Anzco, Inc Adopted Fund Total Expenditures 75,148 709,782 784,930 FLEET FUND 501-0000-389.92-00 NET ASSETS APPROPR 1,813,820 3,938,248 5,752,068 Adopted Fund Total Revenues 12,152,383 3,938,248 16,090,631 501-2516-519.62-01 BUILDING IMPROVEMENTS 221597 42,000 1,000 43,000 Anzo, Inc. 501-2516-519.46-91 SOFTWARE MAINTENANCE 221819 55,858 151,820 207,678 Assetworks Inc 501-2516-519.64-33 VEHICLE PURCHASES 220584 7,790,235 34,894 7,825,129 Alan Jay Chevrol 501-2516-519.64-33 VEHICLE PURCHASES 221182 7,825,129 31,065 7,856,194 Alan Jay Chevrol 501-2516-519.64-33 VEHICLE PURCHASES 221158 7,856,194 232,750 8,088,944 Dobbs Equipment 501-2516-519.64-33 VEHICLE PURCHASES 220293 8,088,944 53,117 8,142,061 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220294 8,142,061 35,426 8,177,487 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220344 8,177,487 35,720 8,213,207 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220345 8,213,207 46,943 8,260,150 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220575 8,260,150 72,300 8,332,450 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220577 8,332,450 48,303 8,380,753 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220615 8,380,753 30,827 8,411,580 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220616 8,411,580 30,954 8,442,534 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220617 8,442,534 34,140 8,476,674 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220760 8,476,674 53,184 8,529,858 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220761 8,529,858 25,538 8,555,396 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220762 8,555,396 81,894 8,637,290 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 220763 8,637,290 81,014 8,718,304 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 221471 8,718,304 26,437 8,744,741 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 210584 8,744,741 996 8,745,737 Garber Chrysler 501-2516-519.64-33 VEHICLE PURCHASES 220556 8,745,737 347,791 9,093,528 Generl GMC 501-2516-519.64-33 VEHICLE PURCHASES 220557 9,093,528 342,283 9,435,811 Generl GMC 501-2516-519.64-33 VEHICLE PURCHASES 220573 9,435,811 334,455 9,770,266 Generl GMC 501-2516-519.64-33 VEHICLE PURCHASES 220736 9,770,266 87,958 9,858,224 Hector Turf 501-2516-519.64-33 VEHICLE PURCHASES 220572 9,858,224 352,892 10,211,116 Rechtien International 501-2516-519.64-33 VEHICLE PURCHASES 220764 10,211,116 235,673 10,446,789 Rechtien International 501-2516-519.64-33 VEHICLE PURCHASES 221670 10,446,789 1,068,839 11,515,628 South FL Emergen 501-2516-519.64-33 VEHICLE PURCHASES 221622 11,515,628 60,035 11,575,663 Thompson Pump & Adopted Fund Total Expenditures 12,152,383 5:\Fin a nce\Bu dget Adj ustments\FY2022-23\Current Year Budget Amend ment\FY22_23 Budget Adj for PY2022 POs Encum bran oesAmendment Worksheet 3,938,248 16,090,631 Page 202 of 568 12/9/20224:21 PM 4 of4 6.H. Consent Agenda 1/3/2023 Requested Action by Commission: Proposed Resolution No. R23-006- Adopt the 2022 Affordable Housing Advisory Committee Housing I ncentives Review Report. Explanation of Request: Florida State Statute 420.9076 (SHIP Statute) requires that each jurisdiction in Florida receiving State Housing I nitiatives Partnership (SHIP) funds shall appoint an eight to eleven -member Affordable Housing Advisory Committee (AHAC). Each member represents a role in the affordable housing industry, as a citizen of the jurisdiction, and a locally elected official. The AHAC is mandated to review Comprehensive Plan Elements, City Ordinances, Land Development Regulations, and City Policies and Procedures to identify regulatory barriers to affordable housing; and to recommend incentives to create more affordable housing. The statute requires the AHAC to meet annually, to produce and submit a report of recommendations to the City Commission and to the Florida Housing Finance Corporation. The SHIP Statute requires for City Commission to consider and discuss the AHAC's recommendations. However, the Statute does not mandate the adoption of the AHAC recommendations other than the two following Housing incentives already in effect in the City: 1. The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3 2. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. The highlights of the proposed recommendation for the 2022 AHAC Housing Incentives Review report is listed below. 2022 AHAC Recommendation: AHAC recommends the City should implement a permit fee reduction on affordable housing projects. o (Staff Comment — Community I mprovement Division)—City's Impact fees (Parks, Water and Sewer) could be subsidized for new constructions of single-family affordable housing projects with HI P funds. At closing the developer could receive a credit for City's impact fee paid (a credit up to $4,100.00) from the SHI P Program; by meeting all of the following conditions: • Purchase price is at or below of SHIP Program Maximum Purchase Price of $382,194.00 (Maximum purchase price is updated yearly by Florida Finance Corporation) • Home buyer's income eligibility • Home buyer's participation in the City's SHIP Purchase Assistance Program o (Staff Comment — Development Department) — The Building Department will offer non-profit developers constructing Affordable Housing dwellings up to two expedited permit reviews at no cost (a credit up to $1,000.00) as long as the buyer participates in the City's SHIP Purchase Assistance Program. If City Commission votes to adopt the AHAC recommendation, the Local Housing Assistance Plan (LHAP) will be amended to add the new affordable housing incentive strategy. The LHAP is the document that governs the use of the S H I P funds. How will this affect city programs or services? Page 203 of 568 The 2022AHACHousing | ncentives Report ioarequired component ofthe State's SHIP program, which will be a source of over $775,000.00 this grant year. Fiscal Impact: Failure boadopt the 2022Housing Incentives AHACReport could affect the City's ability boreceive SHIP None recommended Strategic Plan: Building Wealth inthe Community Strategic Plan Application: The SHIP program is one oftwo main sources offunds for local housing programs, which iothe emphasis of current housing -related strategic plan projects. Climate Action Application: N/A |athis mgrant? Yes GrmntAunount: $775.874.00 Attachments: Type Description ��»|��om�o[�rg��2�2 A�AC Ummer��� D �e�c|u�om - lRE)ViEW RE)port D AddE)mdmnm 2022 A�l 1ACFRE)ViEWRE)port Page 204 of 568 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION NO. R23-006 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE 2022 AFFORDABLE HOUSING ADVISORY COMMITTEE HOUSING INCENTIVES REPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida State Statute 420.9076 requires that each jurisdiction in Florida receiving State Housing Initiatives Partnership (SHIP) funds shall appoint an eight to eleven - member Affordable Housing Advisory Committee (AHAQ and WHEREAS, the statute requires the AHAC to meet annually, to produce and submit a report of recommendations to the City Commission and to the Florida Housing Finance Corporation; and WHEREAS, the recommendations are used to amend the Local Housing Assistance Plan, the local Comprehensive Plan, land development regulations, and other policies affecting affordable housing; and WHEREAS, The SHIP Statute requires for City Commission to consider and discuss the AHAC's recommendations, however, the Statute does not mandate the adoption of the AHAC recommendations other than the two Housing incentives already in effect in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA THAT: 22 23 24 25 26 27 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby adopts the 2022 Affordable Housing Advisory Committee Housing Incentives Report, a copy of which is attached hereto as Exhibit "A". S:ACA\RESO\Adopting AHAC Incentives Report (2022) - Reso.Docx Page 205 of 568 W9.1 29 30 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 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 20th day of December, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Adopting AHAC Incentives Report (2022) - Reso.Docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 206 of 568 Page 207 of 568 As a recipient of State Housing Initiative Partnership (SHIP) funds, the City of Boynton Beach (City) established an Affordable Housing Advisory Committee (AHAC) on August 3, 2021 which is required by the Florida Statutes, Sec. 420.9076 (SHIP Statute). The AHAC is responsible for reviewing and evaluating local plans, policies, procedures, land development regulations, the Comprehensive Plan, and other aspects of the City's housing activities that impact the production of affordable housing. Further, the AHAC is specifically directed by the SHIP Statute to consider and evaluate the implementation of the incentives set out by Florida Statues, Sec. 420.9076 (4)(a) -(k). Based on the AHAC evaluation, the committee may recommend to the local governing body that it make modifications of, exceptions to, or creation of new plans, policies, procedures, and other governing vehicles which would encourage production of affordable housing. As approved by the City Commission, the recommendations are used to amend the Local Housing Assistance Plan, the local Comprehensive Plan, land development regulations, and other policies affecting affordable housing. COMMITTEE COMPOSITION The City Commission appointed members to the Committee (see table 1). The SHIP Statute lists the categories from which committee members must be selected. Each AHAC must have a locally elected official from the county or municipality participating in the SHIP program. The locally elected official must be a City Commissioner. The elected official will count as a member of the AHAC for purposes of meeting the number of members requirements. There must be at least eight committee members, but not more than eleven, with representation from at least six of the following categories: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for-profit provider of affordable housing. (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. (j) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. Page 208 of 568 Table 1 AHAC Members Name Category Represented Date Appointed 1 —Woodrow Hay Commissioner District II (Elected Official) 05/03/2022 2 — Aimee Kelley Commissioner District IV (Alternate - Elected Official) 05/03/2022 3 — London Nelson Citizen engaged as Real Estate Professional in connection 08/17/2021 with affordable housing 4 — Dr. Stephanie Citizen who represents essential services personnel, as 09/08/2021 Hayden-Adeyemo defined in the local housing assistance plan 5 — Sari Vatske Citizen who is actively engaged as an advocate for low- 09/08/2021 income person in connection with affordable housing 6 — Kevin Fischer Citizen who actively serves on the local planning agency 09/08/2021 7 — Keturah Joseph Citizen who is actively engaged as a not-for-profit provider 09/21/2021 of affordable housing 8 — Davey Morris Citizen who is actively engaged in residential home building 10/08/2021 9 — Cheryl Banks Citizen who is actively engaged in residential home building 10/19/2021 in connection with affordable housing 10 — Ronnie Hogging Citizen who is actively engaged as a for-profit provider of 10/19/2021 affordable housing 11 —Kerry Clinton Citizen who represents those areas of labor actively 11/17/2021 engaged in home building in connection with affordable housing 12 — Michael Corbit Citizen who represents employers within the jurisdiction 11/17/2021 AFFORDABLE HOUSING RECOMMENDATIONS The AHAC has specifically reviewed, considered and evaluated the strategies set out by Florida Statues, Sec. 420.9076 (4)(a) -(k). Based on this review and evaluation, the AHAC has formulated recommendations to the City Commission that it incorporate into its housing strategy certain changes designed to encourage and facilitate the production of affordable housing. The AHAC, from its review, consideration, evaluation, and recommendations, drafts and submits this report to the City Commission, to the Florida Housing Finance Corporation, and the Florida Housing Coalition, as the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program, which details the scope of its work and the resulting recommendations. The AHAC has reviewed, considered, and evaluated the following the strategies provided in the SHIP Statute at Florida Statutes, Sec. 420.9076 (4): (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3. (b) All allowable fee waivers provided for the development or construction of affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very -low-income persons, low-income persons, and moderate -income persons. (e) Affordable accessory residential units. (f) The reduction of parking and setback requirements for affordable housing. Page 209 of 568 (g) The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. A. Incentive Consideration Required: Yes 1. The processing of approvals of development orders or permits, as defined in S. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. B. Original Purpose of Incentive: 1. Statutorily required. 2. Reduces wait times and costs for developers. C. Current Process: The Department of Development is responsible for processing and facilitating affordable housing projects (e.g. site plan review, permitting, inspections, etc.) and expedites such reviews involving workforce and affordable housing units pursuant to the City's Expedited Development Review Program. In part, the Program requires assignment of a single staff liaison to ensure quick communications with staff, sets a maximum review period of 7 business days, defines/requires a quick conflict/problem resolution process, and allows consideration of a flexible or tailored fee schedule program (City Code of Ordinances, Part III, Chapter 2, Article I, Section 4). This benefit also applies to individual building permits for SHIP or CDBG rehabilitation projects (As adopted by resolution R22-032 — Affordable Housing Advisory Committee — FY 2021 Housing Incentives Recommendation Report). Moreover, the Department of Development has implemented a new electronic permit system. The new electronic permitting system has been calibrated to provide electronic notification to guide staff to proper implementation to the review process. In addition, relevant City staff will continue to educate developers about the new functionalities of the electronic permitting system. D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. None A. Incentive Consideration Required: Yes 1. The modification of impact -fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. al Page 210 of 568 B. Original Purpose of Incentive: 1. To reduce development costs. C. Current Process: 1. The City's only fee exemption is for Art in Public Places for the percent of the project dedicated to affordable housing (City Code of Ordinances Part II, Chapter 2, Article XII, Section 2-163). D. AHAC Proposed Recommendations: 1. The AHAC reviewed this incentive and they are recommending for the City to have a permit fee reduction on affordable housing projects. E. City Staff Comments: 1. (Staff Comment — Community Improvement Division) — City's Impact fees (Parks, Water and Sewer) could be subsidized for new constructions of single-family affordable housing projects with SHIP funds. At closing the developer could receive a credit for City's impact fee paid from the SHIP Program, by meeting all of the following conditions: • Purchase price is at or below of SHIP Program Maximum Purchase Price of $382,194.00 (Maximum purchase price is updated yearly by Florida Finance Corporation) • Home buyer's income eligibility • Home buyer's participation in the City's SHIP Purchase Assistance Program 2. (Staff Comment — Development Department) — The Building Department will offer non-profit developers constructing Affordable Housing dwellings up to two expedited permit reviews at no cost (a credit up to $1,000.00) as long as the buyer participates in the City's SHIP Purchase Assistance Program. A. Incentive Consideration Required: Yes 1. The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing. B. Original Purpose of Incentive: 1. To allow affordable housing development on smaller parcels. 2. Increasing the maximum units allowable may help make a development more financially feasible. C. Current Process: 1. The City allows for increased floor area ratios and densities in selected residential districts to incentivize the provision of affordable dwelling units. The City has a density bonus in place as part of the Workforce Housing Program. A developer may elect to obtain a density bonus and/or a height bonus through the construction of the workforce units on-site or off-site, monetary contribution, donation of land, or purchase of units to be designated as workforce (City Code of Ordinances, Part III, Chapter 1, Article V, Section 2.C). The AHAC recommended for this incentive to include affordable housing on projects located city-wide (As adopted by resolution R22-032 — FY2021 AHAC Housing Incentives Recommendation Report). Page 211 of 568 D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. The Department of Development is working on updating the City Code of Ordinances to include the AHAC's recommendation A. Incentive Consideration Required: Yes 1. The reservation of infrastructure capacity for housing for very -low-income persons, low- income persons, and moderate -income persons. B. Original Purpose of Incentive: 1. To guarantee new developments will meet concurrency requirements by meeting designated levels of service for certain types of infrastructure. C. Current Process: 1. The City has not considered this incentive D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. A. Incentive Consideration Required: Yes 1. The allowance of affordable accessory residential units in residential zoning districts. B. Original Purpose of Incentive: 1. To increase the supply of affordable/workforce rental units. 2. To decrease the cost of housing (i.e. the primary residence). C. Current Process: 1. The City doesn't have a process in place at this point. D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. A. Incentive Consideration Required: Yes 1. The reduction of parking and setback requirements for affordable housing. 11 Page 212 of 568 B. Original Purpose of Incentive: 1. To lower development costs. 2. To ensure that more of the buildable land is available for affordable housing development. C. Current Process: 1. Affordable housing units require a minimum of two (2) spaces regardless of the number of bedrooms. All other homes are required to provide a minimum of two (2) spaces plus extra spaces depending on the total bedrooms provided. For construction of a new single-family or two-family structure, a minimum of two (2) spaces are required per unit, or one (1) space per bedroom, whichever is greatest. An exception may be made when the house is constructed for individuals meeting purchase or eligibility requirements that include maximum income thresholds, then a maximum of two (2) parking spaces shall be required per dwelling unit (City Code of Ordinances, Part III, Chapter 4, Article V, Section 23). D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. MUM A. Incentive Consideration Required: Yes 1. The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing. B. Original Purpose of Incentive: 1. To allow affordable housing development on smaller parcels. C. Current Process: 1. The City has not considered allowing zero lot line standards for affordable housing; however, the City has eliminated the minimum lot size standard for select neighborhoods within the Redevelopment Area. Older residential areas of the City of Boynton Beach CDBG target area have several nonconforming lots that were unbuildable due to lot size and frontage requirements. In order to allow single- family residences to be built on these lots, Ordinance No. 20-018 was adopted that modified minimum lot area per unit, lot frontage, and building setbacks (front, interior side, corner side, and rear). D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. A. Incentive Consideration Required: Yes 7 Page 213 of 568 1. The modification of street requirements for affordable housing. B. Original Purpose of Incentive: 1. To lower development costs. 2. To ensure that more of the buildable land is available for affordable housing development. C. Current Process: 1. The City has not considered this incentive. D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. A. Incentive Consideration Required: Yes 1. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. B. Original Purpose of Incentive: 1. Statutorily required. 2. To provide insight and recommendation to City Commissioners when a proposed City Ordinance could impact the cost of affordable/workforce housing. C. Current Process: 1. The Department of Development, the Community Improvement Division and the AHAC will continue to review all policies, procedures, ordinances, regulations and plan provisions to determine what effects, if any, they may have on the cost of producing affordable units prior to their passage. Proposed ordinances will be reviewed in sufficient time needed to evaluate and comment on any potential impact on the provision of affordable housing (As adopted by resolution R22-032 — FY2021 AHAC Housing Incentives Recommendation Report). D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. A. Incentive Consideration Required: Yes 1. The preparation of a printed or electronic inventory of locally owned public lands suitable for affordable housing. B. Original Purpose of Incentive: 1. The inventory of locally owned public lands appropriate for use as affordable housing is required to be prepared every three years. 2. Reduce the cost of the development of affordable housing. E3 Page 214 of 568 3. Increase the availability of land for the development of affordable housing. C. Current Process: 1. The Community Improvement Division maintains a list of the current inventory of all vacant land including those properties owned by the City of Boynton Beach and Palm Beach County within the target area. A list of all available land and a list of vacant land suitable for affordable housing in the city, is available as a link on the City's website for easy access for developers (As adopted by resolution R22-032 — FY2021 AHAC Housing Incentives Recommendation Report. D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. No comments. A. Incentive Consideration Required: Yes 1. The support of development near transportation hubs and major employment centers and mixed-use developments. B. Original Purpose of Incentive: 1. To reduce transportation costs for low- and moderate -income residents. 2. The income generated from the retail space can help subsidize the cost of the housing units. 3. To reduce transportation for residents while at the same time reducing dependence on fossil fuels. C. Current Process: 1. As part of the Workforce Housing Program, developers may be entitled to request higher density land use and zoning category, if providing workforce housing units, for projects located within the Downtown Transit Oriented Development District (City Code of Ordinances, Part III, Chapter 1, Article V, Section 2.C). AHAC recommendation to include affordable housing units in the Downtown Transit Oriented Development District (As adopted by resolution R22-032 — FY2021 AHAC Housing Incentives Recommendation Report). D. AHAC Comments: 1. This incentive was reviewed, but there is no new recommendation at this time. E. City Staff Comments: 1. The Department of Development is working on updating the City Code of Ordinances to include the AHAC's recommendation. E Page 215 of 568 Affordable Housing Advisory Committee Report to City Commission SHIP Affordable Housing Incentive Strategies SUBMITTED TO: Robert Dearduff, Director of Special Programs Florida Housing Finance Corporation DATE SUBMITTED: SUBMITTED TO: City of Boynton Beach Mayor and City Commission DATE SUBMITTED: PREPARED BY: RJ Ramirez, Community Improvement Division Manager so Page 216 of 568 6.1. Consent Agenda 1/3/2023 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/3/2023 Requested Action by Commission: Legal Expenses - November 2022 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received for November 2022 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: Page 217 of 568 Type Description D AttacftrTIENI'lt C:.,)oir'E)l['I ChE)rof Doody & Ezirtfl INa veirnbE)r 2022 I ['IVCACE)S D AttacftrTIENI'lt C:.,)oir'E)l['I ChE)rof Doody & EzirtflNoveirylbEIir 2022 Risk I itigatioin 111W6"AC)S D AttacftrTIENI'lt Marir'E)ro & Wydblir' Smith w; if loliCE) OffiCE)rs Nove,irnbE)r 2022 D AttacftrTIENI'lt Johinsoin Ir a: iryw..) NoveirnbE)r 2022 adv, L.YhirnatE) BakE)iry D AttacftrTIENI'lt Johinsoin Ir a: iryx..) PEAE)r Tbirocsik vs CO&B Nove,irnbE)r 2022 Ods & StE)hENIIS Smith w; Flo�iCE) OffiCE)rs D AttacftrTIENI'lt I bliriny lNa veirnbE)r' 2022 1[WCACE) D AttacftrTIENI'lt Johinsoin AIIISE)liryx..) Sirnith vs Flolk�21 OfficE�Irs BE)irlbE)l['I NoveirnbE)r 2022 D AttacftrTIENI'lt J0111E)S l:::::C)StE)ir' Tbwn SqUiair'E) itigatioin NoveirnbE)r 2022 DAttacftrTIENI'lt (E)WiS I oingirnain Tbwn SqUiair'E) DE)V(..sllOpirm�llrlt Nove,irnbE)r 2022 D AttacftrTIENI'lt (E)WiS I oingirnain EZI I itigatioin NoveirnbE)r 2022 D AAta" cftrTIENI'lt (E)WiS I oingirnain J I itigatioin NoveirnbE)r 2022 D AAta" cftrTIENI'lt RobE)rts IRE)Yindds C:: Es w; F:::E)�b( aind CO&B NoveirnbE)r 2022 Page 218 of 568 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 TQC General Matters ACCOUNT NO STATEMENT NO 11/02/2022 MDC call with Lynn Swanson on pending matters; follow up from Commission meeting HOURS 11/01/2022 OEM Finalize review of Johnson Controls Fire - JCI; provide comments to addendum to staff; review of updated information from staff re: insurance 2.80 OEM provisions. 1.80 MDC meet with Lynn swanson on pending matters; begin review of agenda items 0.80 OEM for next Commission meeting; meet with City staff; review agreements; prepare for and attend Commission meeting .5.50 SMS Review and correspondence related to piggybacking Agreement; Discussion and review related to Land Use Agreement. 1.40 SHB Follow up with Pierre re: lien reduction for Case # 10-2859. 0.10 11/02/2022 MDC call with Lynn Swanson on pending matters; follow up from Commission 11/03/2022 MDC review and respond to emails re: fiber optic installation, art board issues; meeting 1.00 QEM Telephone conference with Counsel from Axon re: Agreement; follow-up with staff re: matter. 2.80 OEM Review and evaluation of revised artist and collector contracts; finalize edits and forward to Mr. Weiss. 0.80 OEM Review and respond to email correspondence from Kimley-Horn re: outstanding invoice; follow-up with staff re: matter. 0.50 OEM Review of email correspondence from Mr. Weiss re: Affordable Art Show: Holiday Edition 1.10 BJS Review and follow up re: Pollack and pending matters with Lynn Swanson 0.30 SMS Review Land Use Agreement for Chase; Draft Land Use Agreement for CDBG Funds; Review Correspondence related to Hester Center; Draft Addendum to Service Agreement and review of purchase agreement and service agreement. 2.50 11/03/2022 MDC review and respond to emails re: fiber optic installation, art board issues; 11/04/2022 MDC review status of agenda items, review emalls on ethics training and utility matters 1.00 Page: 1 12/02/2022 306-9001821 44966 Page 219 of 568 review agenda items 1.00 OEM Review of staff comments re: holiday art waiver; follow-up with staff re: matter. 0.70 OEM Review of comments from staff re: Axon Agreement; review and edits documents; preparation of email correspondence to Axon re: matter. 1.80 BJS Review correspondence and follow up re: Motorola RMS Agreement and Pollack, draft correspondence to staff and continued resolution coordination 0.60 SMS Review of parking agreement with Chase and discussion on Insurance and indemnification language; Research on Agreement for Police Donations; Discussion on Sports Provider Agreement. 2.40 11/04/2022 MDC review status of agenda items, review emalls on ethics training and utility matters 1.00 Page: 1 12/02/2022 306-9001821 44966 Page 219 of 568 Page: 2 CITY OF BOYNTON BEACH 12/02/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 44966 General Matters HOURS SMS Discussion and revisions on Land Use Agreement and insurance and QEM Review and evaluation of NSure Agreement as requested by staff for indemnification language; Review of Service Agreement for Pro Fitness; agenda items for 11114 meeting, attend conference call re: tropical storm Review related to Mural Agreement; 2.40 11/07/2022 MDC call with Lynn Swanson on pending matters, review status of agenda 1.80 matters for 11114 meeting; attend hurricane conference call 2.40 QEM Review and follow-up with staff on Axon Agreement edits. 0.60 BJS Attend coference call with Procurement and BBPD, review and revise draft 1 AO amendment to RMS Agremeent, and follow up with City staff. 2.30 11/08/2022 MDC call with Brian Sherman on Motorola contract matters, continue reviewing QEM Review and evaluation of NSure Agreement as requested by staff for agenda items for 11114 meeting, attend conference call re: tropical storm 1.80 BJS Draft follow up correspondence to Lynn Swanson and Sean Swartz re: preparation 1.80 QEM Review and evaluation of Axon agenda item; approve item in Novus 1.00 SHB Various correspondence with Mike Rumpf and Jeffrey Lynne re: reasonable system. 1 AO QEM Review and evaluation of correspondence re: Golf Course GPS Lease Agreement with YEA; Review and revise Draft Agreement with BBLL; insurance provisions. 1.80 QEM Review of JCI Agreement re; COI issues; follow-up with Ms. Swanson re: 2.80 matter. 0.80 SMS Correspondence related to Chase Land Use Agreement; Review of Equipment Service Agreement and draft Addendum; Review of Mural Grant Agreement; Review of Agenda items for City Commission meeting; REview of CRS RFQ and Agreement. 4.00 11/09/2022 MDC review agenda for 11110 and 11114, call with Lynn Swanson on pending matters; attend staff conference call on Nicole 2.20 QEM Review and evaluation of NSure Agreement as requested by staff for termination; respond to staff re: matter. 1.80 BJS Draft follow up correspondence to Lynn Swanson and Sean Swartz re: Tower and status of Motorola Agreement, follow up with City staff re: Pollack and possible solutions. 1.00 SHB Various correspondence with Mike Rumpf and Jeffrey Lynne re: reasonable accommodation matters. 0.30 SMS Discussion on Police Antenna ownership; Review and revise Draft Agreement with YEA; Review and revise Draft Agreement with BBLL; Review and revise Draft Agreement with BBAA; Correspondence related to Mural Grant Agreement and insurance related provisions. 2.80 11/10/2022 MDC review and respond to emails on nativity scene display; review updated agenda for 11114 meeting; attend post -storm conference call; miscellaneous calls and emails on pending matters; agenda review meetings 4.40 SMS Review and correspondence related to RFQ CRS Climate Resilience; Draft Police Donation Agreement and related review; Review of information related to Police Antenna for call and meeting; Review Notice of Intent to Litigate. 3.70 SHB Follow up re: recreate life accommodation matters; discuss with Mike Rumpf. Send update to Andrew Mack and Adana Temple re: statutory changes and effect on RA agreements. Revise agreement for 205 Gulfstream and send to atty Lynne. Follow up with Atty Lynne re: termination of RA Agreement for 6211631 lake Street. 1.70 11/11/2022 MDC review agenda matters for 11/14/22 0.60 QEM Review and evaluation of documents provided by staff re: art installation of Giant Sunglasses; respond to staff re: matter. 1.60 Page 220 of 568 Page: 3 CITY OF BOYNTON BEACH 12/02/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 44966 General Matters HOURS SMS Research and review related to Jack McVey Memorial Wall; Additional research on RFQ and CCNA process. 3.30 11/14/2022 MDC review agenda materials; attend staff conference call; review materials, mise meetings on agenda and preparation for meeting 6.90 QEM Review of follow-up discussion with staff re: Installation of Giant Sunglasses Agreement for Art show. 0.50 SMS Discussion on Antenna Ownership and initial review of documents; Correspondence related to water service agreements and draft comments; Correspondence related to Jack Mcvey Memorial. 2.50 11/15/2022 MDC mise follow up from commission meeting, review emails on agenda items 11/16/2022 MDC review emails on pending matters, misc calls with Lynn Swanson 0.90 QEM Review of correspondence from Kimly Horn; follow-up with staff re: Kimley Horn invoice issue. 0.60 QEM Review of cybersecurity 2022 legislation enacting public records and sunshine law exemption re: Gray Matter agenda item. 0.80 SHB Attend monthly chronic nuisance meeting. 0.50 11/17/2022 QEM Begin review of Sensus Contract documents. 1.50 MDC review correspondence on pending matters, confer with Lynn Swanson; call with City Clerk on election matters 1.90 QEM Review and discuss code case 22-1129 Albert Pica Jr. with staff. 0.80 QEM Review of email correspondence from staff re: Prime Time STEAM Contract received from staff. 0.80 SMS Review 2023 Sponsorship Agreement; Review and discussion on property ownership and code issue. 2.00 11/18/2022 QEM Review and execute as to legal form documents and agreements for final for 1216 meeting; confer with Quentin on Grey Matter agenda item 1.30 QEM Review of update from staff re: Big Sunglasses project. 0.40 QEM Review and discuss with staff termination of Fire Software Agreement for 1.00 QEM department. 0.80 QEM Review and coordinate with staff re: Gray Matter Systems Piggyback Agreements, 1.40 SHB Receive and review Zoning Verification letter and inquiry re: Homing Inn chronic nuisance order. 0.60 SMS Review related to 543 NW 11th Ave; Review of CRS Climate Resilience RFQ and Agreements. 2.50 11/16/2022 MDC review emails on pending matters, misc calls with Lynn Swanson 0.90 QEM Review of correspondence from Kimly Horn; follow-up with staff re: Kimley Horn invoice issue. 0.60 QEM Review of cybersecurity 2022 legislation enacting public records and sunshine law exemption re: Gray Matter agenda item. 0.80 SHB Attend monthly chronic nuisance meeting. 0.50 11/17/2022 QEM Begin review of Sensus Contract documents. 1.50 MDC review correspondence on pending matters, confer with Lynn Swanson; call with City Clerk on election matters 1.90 QEM Review and discuss code case 22-1129 Albert Pica Jr. with staff. 0.80 QEM Review of email correspondence from staff re: Prime Time STEAM Contract received from staff. 0.80 SMS Review 2023 Sponsorship Agreement; Review and discussion on property ownership and code issue. 2.00 11/18/2022 QEM Review and execute as to legal form documents and agreements for final Page 221 of 568 execution. 0.60 MDC review emails on planning matters, call Lynn Swanson re: scheduling matters; misc calls on pending matters 1.00 QEM Review and evaluation of Purchasing Policy Manual, Revised October 1, 2022 and accompanying memorandum; provide comments to staff re: matter. 1.60 QEM Correspond with staff re: code issues at Boynton Landings Condominiums; review of information provided by staff. 0.70 SMS Review Original Lease Agreement for Antenna and 13 amendments, and draft Notice letter for repair and maintenance; Correspondence related to Code Violations at Boynton Landings; Conference call to discuss improvement obligations on Sports Provider Agreement. 3.60 11/19/2022 SMS Review of Project List for East Boynton. 0.20 Page 221 of 568 Page: 4 CITY OF BOYNTON BEACH 12102/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 44966 General Matters HOURS 11/20/2022 JGH Review Inquiry regarding Petition signatures and legal research regarding 11/28/2022 MDC review agenda items for 1216 meeting 1.70 QEM Review of correspondence from Kimley Horn re: Kimley-Horn Outstanding Invoice - Boynton Beach TOD Raise - PO#221243. 0.30 SMS Review and approve Agenda items; Review CRS RFP and related template Agreement; Review and correspondence on Lease Agreement with CRA; Correspondence related to Rolling Green Notice of Repair; Call to discuss telecommunications consultant; Correspondence related to 543 NW 11th Ave. 3.20 11/29/2022 MDC call with Lynn Swanson and continue to review agenda items for 1216122 meeting, mise meetings at City Hall; review materials, attend PDB meeting 4.80 BJS Review Motorola Agenda Item/Change Order for agenda review 0.30 SHB Various correspondence re: reasonable accommodation matters. 0.30 SMS Review of Field requirements for Barwis and correspondence related to additional items. 0.40 11/30/2022 MDC review final agenda and backup for 1216 meeting, mise calls on pending matters 1.00 SMS Discussion on cell tower lease agreements; Correspondence on 511 E Ocean Ave; Discussion and review related to Easement Agreement templates. 1.50 MDC Telephone conference call to discuss Barwis Field improvements and draft of Facility Use Agreement. 1.50 MDC STATEMENT FOR PROFESSIONAL SERVICES RENDERED Page 222 of 568 signature verification process. 1.10 11/21/2022 QEM Finalize review of Prime Time Steam contract; preparation of comments and transmit comments to staff. 1.60 QEM Review of email from Ms. Guim re: Boynton Landings Condo building violations. 0.20 QEM Review and evaluation of updated purchasing policy; respond to staff re: matter. 0.60 MDC Review email correspondence on pending matters. 0.70 QEM Review and evaluation of Mutual Aid Agreement - South Florida Burglary Apprehension and Vehicle Crimes Unit; respond to staff re: same. 1.50 JGH Legal research regarding petition signatures; telephone call with Lynn Swanson; telephone call with M. De Jesus; draft email analysis; review Transportation Agency Advisory Board nominating Inquiry. 0.90 SMS Call to discuss Sports Provider Agreement and related improvements. 1,30 SHB Various correspondence with Grant and Code re: chronic nuisance and Cherry Hill matters. 0.30 11/22/2022 MDC Review email correspondence on pending matters. 0.70 QEM Review and edit Sensus Contract documents; preparation of email correspondence to staff re: matter. 2.70 SMS Discussion on outstanding items; Review of project list for sports provider agreement; Finalize Notice of Repair Letter and send. 1.20 1 112 3/202 2 SMS Review of Public Notice for Demolition; 1.20 MDC Review email correspondence on pending matters. 0.70 11/27/2022 MDC review emails on agenda review, mise contract review items 0.50 11/28/2022 MDC review agenda items for 1216 meeting 1.70 QEM Review of correspondence from Kimley Horn re: Kimley-Horn Outstanding Invoice - Boynton Beach TOD Raise - PO#221243. 0.30 SMS Review and approve Agenda items; Review CRS RFP and related template Agreement; Review and correspondence on Lease Agreement with CRA; Correspondence related to Rolling Green Notice of Repair; Call to discuss telecommunications consultant; Correspondence related to 543 NW 11th Ave. 3.20 11/29/2022 MDC call with Lynn Swanson and continue to review agenda items for 1216122 meeting, mise meetings at City Hall; review materials, attend PDB meeting 4.80 BJS Review Motorola Agenda Item/Change Order for agenda review 0.30 SHB Various correspondence re: reasonable accommodation matters. 0.30 SMS Review of Field requirements for Barwis and correspondence related to additional items. 0.40 11/30/2022 MDC review final agenda and backup for 1216 meeting, mise calls on pending matters 1.00 SMS Discussion on cell tower lease agreements; Correspondence on 511 E Ocean Ave; Discussion and review related to Easement Agreement templates. 1.50 MDC Telephone conference call to discuss Barwis Field improvements and draft of Facility Use Agreement. 1.50 MDC STATEMENT FOR PROFESSIONAL SERVICES RENDERED Page 222 of 568 CITY OF BOYNTON BEACH General Matters FOR CURRENT SERVICES RENDERED Color photocopies Photocopies TOTAL CURRENT WORK BALANCE DUE Page; 5 12/02/2022 ACCOUNT NO: 306-9001821 STATEMENT NO, 44966 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 130.40 21,033.50 21,033.50 $21,033.50 Page 223 of 568 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, TD Bank, N.A. (Farber, Jacqueline and Berkman, Jennifer)(Estate of Jeanne Go) 11/17/2022 HN Review of complaint and of prior title commitment on the subject property. Email exchange with MDC. 0.80 11/18/2022 HN Review and edits of motion to dismiss. 0.40 11/29/2022 MDC review and provide comments on motion to dismiss 0.20 11/30/2022 HN final review of motion to dismiss before filing. 0.10 FOR CURRENT SERVICES RENDERED 1.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.20 $225.00 $45.00 Heather Needelman 1.30 225.00 292.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2022 306-9905661 44893 �A�-A 337.50 $337.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 224 of 568 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 Litigation Miscellaneous 11/07/2022 SHB Various correspondence with Staff re: meeting to discuss response from Cherry Hill, Telephone conference with Candice Stone and Capt. Burdelski re. next steps for Cherry Hill violation. 0.40 MDC Telephone conference call with Shana Bridgeman on status of case and mitigation agreement 0.30 11/09/2022 MDC HOURS 11/01/2022 SHB Telephone conference with Capt. Burdelski, Adam Temple, and Candice MDC review correspondence on pending claim letters Stone re: Cherry Hill agreement. Revise agreement and send to Grant for 11/16/2022 MDC review. 0.40 11/03/2022 SHB Various correspondence with City, Grant, and MDC re: nuisance abatement review motion to dismiss and related correspondence on discovery received agreement. 0.30 11/04/2022 MDC call with Shana Bridgeman on Cherry Hill nuisance matter 0.30 SHB Chronic nuisance - discuss hearing and transfer of ownership matters with 0.40 MDC. Fallow up with City re: next steps. 0.70 11/07/2022 SHB Various correspondence with Staff re: meeting to discuss response from Cherry Hill, Telephone conference with Candice Stone and Capt. Burdelski re. next steps for Cherry Hill violation. 0.40 MDC Telephone conference call with Shana Bridgeman on status of case and mitigation agreement 0.30 11/09/2022 MDC review status of Cherry Hill nuisance abatement matters 0.30 11/14/2022 MDC review correspondence on pending claim letters 0.30 11/16/2022 MDC continued review of inquiries regarding pending demand letters 0.40 11/17/2022 MDC review motion to dismiss and related correspondence on discovery received from defense counsel (felix) 0.40 11127/2022 MDC review emails and claim response letter re: Paszti, Felix 0.40 11/29/2022 MDC Various correspondence re: sale of Cherry Hill, application of chronic nuisance ordinance, and meeting with new property owner. 0.40 11/30/2022 MDC review correspondence on special counsel evaluation of case (Felix) 0,20 FOR CURRENT SERVICES RENDERED 4,80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL. Michael D. Ciruilo 3.00 $225.00 $675.00 Shana H. Bridgeman 1,80 225.00 405.00 Page: 1 12/02/2022 306-9904950 44967 1,080,00 Page 225 of 568 Page: 2 CITY OF BOYNTON BEACH 12/02/2022 ACCOUNT NO: 306-9904950 STATEMENT NO: 44967 Litigation Miscellaneous TOTAL CURRENT WORK 1,080.00 BALANCE DUE $1,080.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 226 of 568 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 Attw Lynn Swanson �C Town Square Development :[111 11/01/2022 SMS Review Exchange Agreement and revisions to DA. 0.30 11/07/2022 MDC review materials, prepare for and attend conference with Commissioner Kelley 1.20 DJD Review and provide comments relative to exchange agreement 0.80 11/08/2022 MDC call with Kathryn Rossmell on status of the documents with Time Equity 0.30 11/09/2022 MDC review emails on status of document revisions 0.30 11/10/2022 MDC review emails on Time Equity development matters 0.20 MDC review appraisals relating to potential developer transaction 0.20 11/14/2022 MDC call with special counsel on status of Time Equity applications and discussions with staff, confer with City staff 0.40 11/17/2022 MDC Misc calls with Kathryn Rossmell on Development Agreement matters, update from Time Equity on status of project 0.90 11/18/2022 DJD Initial review of revised documents 1.30 11/21/2022 DJD Continued review of proposed revisions to Development Agreement 1.50 11/28/2022 DJD Review proposed documents. 0.60 11/29/2022 MDC confer with Kathryn Rossmell on status of Development Agreement and related documents 0.30 FOR CURRENT SERVICES RENDERED 8.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. Doody 4.20 $225.00 $945.00 Michael D. Cirullo 3,80 225.00 855.00 Sean M. Swartz 0.30 225.00 67.50 Color photocopies Photocopies Page: 1 12/02/2022 306-9905263 44968 Page 227 of 568 Page: 2 CITY OF BOYNTON BEACH 12/02/2022 ACCOUNT NO: 306-9905263 STATEMENT NO: 44968 Town Square Development TOTAL CURRENT WORK 1,867.50 BALANCE DUE $1,867.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 228 of 568 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 12102/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 44975 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 11/01/2022 KLE Review Final Decree and Discharge of Debtor 0.20 FOR CURRENT SERVICES RENDERED 0.20 45.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Kerry L. Ezrol 0.20 $225.00 $45.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 45.00 $45,00 Page 229 of 568 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) /0111160 11/09/2022 HN Review of amended order signed by court. 0.10 11/14/2022 HN Email exchange with MDC re: value of subject property. Review of market value of property appraiser's website. 0.10 11/15/2022 MDC confer with Heather Needelman on status of appeal 0.20 11/27/2022 MDC review correspondence from Tristar on status of case, follow up with Heather Needelman 0.20 11/29/2022 HN Review of email from John Kuntzman. Phone discussion with John Kuntzman. 0.20 FOR CURRENT SERVICES RENDERED 0.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.40 $225,00 $90.00 Heather Needelman 0.40 225.00 90.00 11/20/2022 Need It Now Delivers South Florida TOTAL ADVANCES THRU 11/30/2022 11/28/2022 Service Process Palm Beach Sheriff's Office TOTAL CREDITS FOR ADVANCES TOTAL, CURRENT WORK BALANCE DUE Page: 1 12/02/2022 306-9905433 44976 128.03 128.03 -90.00 -90.00 218.03 $218.03 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 230 of 568 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) 11/01/2022 MDC conference call with Tom Baird and Kathryn Rossmell on potential resolution DJD Continuation of review of Settlement Agreement 11/02/2022 MDC review revised documentation DJD Address issues with proposed Settlement Agreement ACCOUNT NO: STATEMENT NO: HOURS 1,30 0.50 0.30 1.20 11/03/2022 MDC Conference call on settlement document 0.50 DJD Review Parking Easements; review Settlement Agreement; participate in telephone conference 1.50 11/04/2022 MDC continue reviewing settlement matters, prepare email to City Commission as update prior to shade meeting 0.80 DJD Review settlement agreement 0.60 11/07/2022 MDC revise and forward email update to the City Commission; misc telephone calls on status of shade meeting, and various emails resetting meeting in the event of Hurricane Nicole 1.10 DJD Review Settlement Agreement 0.60 11/08/2022 MDC review status of settlement document, review emails on scheduling of shade meeting; misc calls relating to meeting, review notices and materials to prepare for closed door session 1.50 11/09/2022 MDC update special counsel on status of shade meeting and documents, review related email correspondence and materials 0.40 11/10/2022 MDC review status of settlement documents and miscellaneous calls with special counsel; prepare agenda item request form and coordinate review and revisions with special counsel; confer with Lynn Swanson on preparation of resolution; review comments on Settlement Agreement received from JKM counsel; mise conference call with special counsel to review and respond to new comments from JKM counsel, and to continue to ready a document for review at closed door session; attend Commission meeting with closed door session 6.10 DJD Address terms of Settlement Agreement; review emails and documents 2.60 11/11/2022 MDC review emails and misc phone calls on status of JKM review of settlement documents 1.80 DJD Address potential settlement 0.60 Page: 1 12/02/2022 306-9905525 44977 Page 231 of 568 Page: 2 CITY OF BOYNTON BEACH 12/02/2022 ACCOUNT NO: 306-9905525 STATEMENT NO: 44977 v. JKM BTS Capital, LLC (Declaratory Action) 11/14/2022 MDC email update to City Commission, follow up with special counsel 11/15/2022 MDC follow up with special counsel on status of discussions with JKM counsel 11/21/2022 MDC Review emails re status of settlement discussions. 11/29/2022 MDC review status of settlement discussions with special defense counsel FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE D.J. Doody 7.60 $225.00 Michael D. Cirullo 14.90 225.00 Color photocopies Photocopies 11/04/2022 Hearing Prestige Reporting Service Depo TOTAL ADVANCES THRU 11/30/2022 TOTAL CURRENT WORK BALANCE DUE HOURS 0.40 0.30 0.20 0.20 22.50 5,062.50 TOTAL $1,710.00 3,352.50 607.50 607.50 -I - 5,670.00 $5,670.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 232 of 568 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. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS 11/07/2022 MDC review motion to file brief out of time, and proposed reply brief 0.40 11/09/2022 HN Review of Appellants motion for extension on reply brief and review of proposed reply brief. Email exchange with MDC. Review of email from clerk re: no action on Appellants untimely motion for extension of time. 0.70 11/15/2022 MDC meet with Heather Needelman to discuss status of briefing for appeal 0.20 11/18/2022 HN Review of court's order re appellants reply. 0.10 11/29/2022 MDC review emails from Tristar and confer with Heather Needelman on status of case 0.30 HN Drafted update for tristar. Email exchange with MDC. Edits to update and email to MDC with revised version. 0.80 11/30/2022 HN Review of email from MDC. Email to Karen Klein with update of case. 0.20 FOR CURRENT SERVICES RENDERED 2,70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.90 $225.00 $202.50 Heather Needelman 1.80 225.00 405.00 TOTAL CURRENT WORK BALANCE DUE (�)-o L.. Page: 1 12/02/2022 306-9905567 44979 607.50 $607.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 233 of 568 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 Opioid Litigation 11/07/2022 MDC review correspondence from Florida Attorney General on status of payments and new Walmart settlement; review Walmart Settlement documents, prepare email update and forward to City FOR CURRENT SERVICES RENDERED ACCOUNT NO STATEMENT NO RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 0.50 $225,00 TOTAL CURRENT WORK BALANCE DUE Q, 6 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2022 306-9905587 44980 HOURS 0.50 0.50 112.50 TOTAL $112.50 112.50 $112.50 Page 234 of 568 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 11/02/2022 MDC call with Shana Bridgeman and review process to convert contract employees to general employees SNB Telephone conference with MDC re: pay plan and benefit tiers; review correspondence from Julie Oldbury. ACCOUNT NO STATEMENT NO 0.50 0.30 11/03/2022 SHB Telephone conference with Julie Oldbury re: investigation report matters. 0.40 11/07/2022 SHB Review appointment letters, revise notice to employees, and follow up with Julie Oldbury re: termination of employment letters. 0.70 11/15/2022 JFK review pension matter re: General Employee Pension Board administration; review code; 0.50 11/16/2022 MDC confer with Julie Klahr on inquiry from Pension Attorney on designation of secretary 0.20 11/17/2022 SHB Discuss separation matters with MDC, Review employment agreement and prepare separation agreement. Transmit to City Manager for review. Review investigation summary and follow up with Danielle Goodrich, 2.50 11/18/2022 MDC review information and emails on discipline matters 0,40 11/19/2022 JFK telephone call with Maylee De Jesus; telephone call & correspondence with Bonni Jensen; 0.40 11/28/2022 JFK review correspondence re: Police Pension Board; research; MDC review dual office holding inquiry re: police pension per City Clerk and pension board counsel; review email on potential discipline issue in Fire Department 0.30 SHB Receive and review discipline recommendation and correspondence re: Cline investigation. 0.30 11/29/2022 MDC review severance pay matters with Shana Bridgeman 0.30 SHB Complete research and revision to employment letter and transmit to City. Discuss employment letter matters with MDC. Telephone conference with Danielle Goodrich re: pending matters. 2.10 11/30/2022 JFK correspondence with Bonni Jensen re: General Employees Pension Plan matters 0.30 FOR CURRENT SERVICES RENDERED 9.20 Page: 1 12/0212022 306-0603180 44983 L, U / U. UU Page 235 of 568 Page: 2 CITY OF BOYNTON BEACH 12102/2022 ACCOUNT NO: 306-0603180 STATEMENT NO: 44983 LABOR - General TIMEKEEPER Michael D. Cirullo Julie F. Klahr Shana H. Bridgeman TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.70 $225.00 1.20 225.00 6.30 225.00 TOTAL $382.50 270.00 1,417.50 2,070.00 $2,070.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 236 of 568 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 Red Light Cameras ACCOUNT NO STATEMENT NO ;0 � 11/01/2022 PE Sort organized and reviewed subpoenas for 12/13/2022 hearing and prepared notices 4,60 11/02/2022 PE Prepared notices for 12113/2022 hearing. Converted to PDF/A and e -filed. Sent prose notices to printer for mailing. 4.20 SHB Review and approve NOLs. Review various correspondence re: County request for verification of removal of equipment. Review Verra Mobility contract re: responsibility for removal of equipment; follow up with City. 1.20 11/04/2022 PE Corrected filing in the e -filing portal queue. Communicated with PD regarding violator address. Prepared notices for 12/13/2022 hearing, converted to PDAIF and e -filed. Sent prose notices to printer for mailing. 6.70 SHB Review and approve NOls. 0.30 11/07/2022 PE Updated tracking log, updated SHB calendar. 1.10 11/14/2022 PE Updated tracking log. Prepared 17 notices for 12/13/2022 hearing for SHB review. 2.90 11/15/2022 PE Converted 17 notices to PDF/A and e -filed. Sent prose notices to printer for mailing. 3.00 SHB Review and approve NOls. 0.30 11/21/2022 SHB Review and approve NOls. 0.10 11/22/2022 PE E -filed notices for 12/13/2022 hearing converted to PDFIA and efiled. Sent prose notices to printer for mailing 2,60 11/28/2022 SHB Review and approve NOI. Follow up re: status of upcoming trials. 0.30 PE Updated tracking log. Updated SHB calendar. Reviewed subpoenas for 1/10/2022 hearing. 1.90 FOR CURRENT SERVICES RENDERED 29.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Shang H. Bridgeman 2.20 $225.00 $495.00 Patricia Eugene 27.00 125.00 3,375.00 Page: 1 12/02/2022 306-0806020 44984 3,870.00 Page .237 of 568 Page: 2 CITY OF BOYNTON BEACH 12/02/2022 ACCOUNT NO: 306-0806020 STATEMENT NO: 44984 Red Light Cameras Photocopies 7.70 TOTAL EXPENSES THRU 11/30/2022 7.70 TOTAL CURRENT WORK 3,877.70 BALANCE DUE $3,877.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 238 of 568 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 Indoor Training Facility (PPP) ACCOUNT NO STATEMENT NO 5011FINVP 11/01/2022 SMS Attend City Commission Meeting for agenda item. 5.20 SMS Discussion and call with Mike Barwis to discuss revisions to Sports Provider Agreement; Review of Sports Provider Agreement. 1.40 11/02/2022 MDC misc follow up from Commission meeting, review revised Agreement per approval; review issues with memorial wall and confer with Sean Swartz 0.50 SMS Call and revisions to Comprehensive Agreement; Research on F.S. 806.135. 1.20 11/03/2022 SMS Research, call, and discussion related to Section 806.135 and revisions on Agreement. 0.60 11/04/2022 MDC confer with Sean Swartz re: approval and next steps for programming agreement 0.30 11/08/2022 SMS Correspondence related to Resolution and agenda item finalization. 0.30 11/11/2022 MDC review email and confer with Sean Swartz re: monument wall and threatened lawsuit 0.30 FOR CURRENT SERVICES RENDERED 9.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 1.10 $225.00 $247.50 Sean M. Swartz 8.70 225.00 1,957.50 Photocopies TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2022 306-9905631 44985 2,205.00 2,205.00 $2,205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 239 of 568 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, Sohn, Mark (Termination Grievance) 1L111M 11/27/2022 MDC review and respond to emalls with special counsel on status of arbitration 0.20 11/28/2022 MDC review emails and status of arbitration scheduling 0.40 SHB Receive and review correspondence re: arbitration location. Discuss with MDC. Coordinate meeting to discuss arbitration matters. 020 11/29/2022 MDC conference with special counsel on status of arbitration 0.50 SHB Discuss arbitration matters with MDC. Call with MDC, Dan Dugger, and Seth Haimovitch re: arbitration matters. 0,50 FOR CURRENT SERVICES RENDERED 1,80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirulto 1.10 $225.00 $247.50 Shana H. Bridgeman 0.70 225.00 157.50 TOTAL CURRENT WORK BALANCE DUE (�) L (. Page: 1 12/02/2022 306-9905647 44986 405,00 $405.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 240 of 568 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. E21- Real Estate Solutions, LLC (Amended Complaint) TOTAL CURRENT WORK BALANCE DUE /-P� a� C Page: 1 12/02/2022 306-9905654 44987 1,305.00 1,305.00 $1,305.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 241 of 568 HOURS 11/07/2022 MDC review and respond to emails on status of litigation, call with special counsel, update City Commission 0.90 11/08/2022 MDC call with Kathryn Rossmell regarding Eli. lawsuit status 0.40 11/14/2022 MDC review correspondence, misc calls with special counsel on status of case 0.90 11/15/2022 MDC misc calls, coordinate shade session meeting 0.30 11/16/2022 MDC review status of case with special counsel and misc calls with counsel 0.70 11/29/2022 MDC review materials, call with Kathryn Rossmell; prepare for and attend commission meeting (shade meeting) 2.30 11/30/2022 MDC misc follow up from commission meeting 0.30 FOR CURRENT SERVICES RENDERED 5.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 5.80 $225.00 $1,305.00 TOTAL CURRENT WORK BALANCE DUE /-P� a� C Page: 1 12/02/2022 306-9905654 44987 1,305.00 1,305.00 $1,305.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 241 of 568 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, Torocsik, Peter (Public Records/Civil Rights Action) 11/27/2022 MDC review final order of dismissal and status of ice machine reimbursement issue, follow up with Quentin Morgan 0.20 11/30/2022 QEM Review of multiple correspondence re: satisfaction of settlement conditions, 0.80 FOR CURRENT SERVICES RENDERED 4.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.20 $225.00 $45.00 Quentin E. Morgan 4.00 225.00 900.00 TOTAL CURRENT WORK BALANCE DUE /�) )�' C Page: 1 12/02/2022 306-9905656 44988 E'Z16111A] 945.00 $945.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 242 of 568 HOURS 11/03/2022 OEM Review of email re: draft settlement; respond to Ms. Swanson re: inquiry of original; review of updates and documents from Mr Hochman. 0,80 11/07/2022 OEM Review of final settlement documents filed with Court; review of correspondence re: matter; review of court order dismissing matter. 1.50 11/15/2022 QEM Review of email correspondence from Mr. Hochman re: settlement to opposing counsel. 0.40 11/21/2022 QEM Review of email correspondence re: status of settlement compliance and ice machine. 0.50 11/27/2022 MDC review final order of dismissal and status of ice machine reimbursement issue, follow up with Quentin Morgan 0.20 11/30/2022 QEM Review of multiple correspondence re: satisfaction of settlement conditions, 0.80 FOR CURRENT SERVICES RENDERED 4.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.20 $225.00 $45.00 Quentin E. Morgan 4.00 225.00 900.00 TOTAL CURRENT WORK BALANCE DUE /�) )�' C Page: 1 12/02/2022 306-9905656 44988 E'Z16111A] 945.00 $945.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 242 of 568 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 12/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905658 Boynton Beach FL 33435 STATEMENT NO: 44989 Attn: Lynn Swanson Sale to Nicholas P. Malinsoky - SE 21 st Avenue, Boynton Beach, FL 33435 HOURS 11/02/2022 SMS Correspondence related to PSA. 0.30 FOR CURRENT SERVICES RENDERED 0.30 67.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Sean M. Swartz 0.30 $225.00 $67,50 TOTAL CURRENT WORK BALANCE DUE /-1) �-) (- AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 67.50 $67.50 Page 243 of 568 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 12/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905659 Boynton Beach FL 33435 STATEMENT NO: 44990 Attn: Lynn Swanson adv. 300 Property Owners Association (Robert Emminger Foreclosure) AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 244 of 568 HOURS 11/01/2022 MDC review complaint, provide comments on draft answer 0.60 11/02/2022 BJS Review foreclosure pleadings and legal research 0.50 11/09/2022 HN Review of file. Edits to affirmative defense relating to asserting priority. 0.60 11/11/2022 HN Review of answer and affirmative defenses. Email to MDC. 0.30 11/14/2022 HN Final review before filing answer and affirmative defense. 0.30 FOR CURRENT SERVICES RENDERED 2.30 517.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.60 $225.00 $135.00 Heather Needelman 1.20 225.00 270.00 Brian J. Sherman 0.50 225.00 112.50 TOTAL CURRENT WORK 517.50 BALANCE DUE �. $517.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 244 of 568 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 Attw Lynn Swanson Sale to Howard Brown - 319 NE 12th Avenue, Boynton Beach, FL 33435 11/21/2022 SMS Correspondence related to PSA. 11/29/2022 SMS Call and discussion on Final PSA. FOR CURRENT SERVICES RENDERED ACCOUNT NO STATEMENT NO RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Sean M, Swartz 0.50 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page; 1 12/02/2022 306-9905660 44991 HOURS 0.20 0.30 0.50 112.50 TOTAL $112.50 112,50 $112.50 Page 245 of 568 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 12/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905637 Boynton Beach FL 33435 STATEMENT NO: 44894 Attn: Lynn Swanson adv. Quantum Park POA - Robert Furr, Trustee (Bankruptcy) AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE i, Page 246 of 568 HOURS 11/01/2022 MDC review email correspondence with special counsel on status of settlement discussions, update City Manager 0.20 KLE Review email from Malinda Hayes re: settlement; 0.30 11/02/2022 MDC review email offer and coordinate discussion with City Manager 0.30 11/03/2022 KLE Prepare for and attend conference call with Mike Cirullo, Malinda Hayes, and City Manager, Dugger 0.70 11/09/2022 KLE Review settlement agreement, emalls to and from Malinda Hayes 0.80 11/10/2022 MDC review draft settlement agreement and confirm payment time requirements with city 0.30 11/14/2022 MDC meet with City Manager re: settlement 0.30 11/15/2022 MDC review executed settlement agreement and emails relating to processing of settlement payments 0.20 FOR CURRENT SERVICES RENDERED 3.10 697.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Kerry L. Ezrol 1.80 $225,00 $405.00 Michael D. Cirullo 1.30 225.00 292.50 TOTAL CURRENT WORK 697.50 BALANCE DUE $697.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE i, Page 246 of 568 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 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2022 306-9905557 44995 450.00 $450.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 247 of 568 Colonial Estates, Inc./Boynton Beach Agreements HOURS 11/03/2022 SMS Discussion, review, and correspondence related to water service agreements and related agreements. 0.60 11/09/2022 SMS Review of correspondence related to necessary improvements and agreements. 0.30 11/1012022 SMS Correspondence to Colonial estates on requirements, 0.20 11/23/2022 SMS Review of Correspondence related to revisions to Agreement. 0.20 11/28/2022 SMS Correspondence related to Water Service Agreement. 0.20 11/29/2022 SMS Review and correspondence related to Water Service and additional documents. 0.50 FOR CURRENT SERVICES RENDERED 2.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Sean M. Swartz 2.00 $225.00 $450.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2022 306-9905557 44995 450.00 $450.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 247 of 568 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) 11/18/2022 HN Checked on status of case and surplus funds check. FOR CURRENT SERVICES RENDERED TIMEKEEPER Heather Needelman TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 HOURS 0.30 0.30 TOTAL $67.50 Page: 1 12/02/2022 306-9905512 44997 67.50 67.50 $67.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 248 of 568 GORENCHER[)F.DODDY&EZR{)L.P�� Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954)771-45OO CITY DFBOYNTONBEACH 100 E. Ocean Avenue Boynton Beach FIL 33435 Attn: Lynn Swanson adv, Philson.Tammi/\ (Personal Injury -Carolyn Sims Center) Billing Category: 18 - RLD Claim #00147000044OGB Color photocopies Photocopies 11/16/2022 Medical Records copying 11/16/2022 medical records copying 11/21/2022 Medical Records retrieval Outside Copying TOTAL ADVANCES THRU11/3O/2O22 TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO Pmge:1 12/O2/2O22 306-9905310 44969 ��� Page 249 of 568 G{}REN.CHEROF.DOOOY&EZR{}L.P�� Attorneys at Law 3O99East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (Q54)771-45OO PaQe:1 CITY {}FBOYNTONBEACH 1202/2022 100 E. Ocean Avenue ACCOUNT NO: 308-9805392 Boynton Beach FL 33435 STATEMENT NO: 44970 Attn� Lynn Swanson adv. Alves Fernandes, Bruno Henrique (MVA) Billing Category: 18 -RU} Claim #19762606 Color photocopies Photocopies 11/17/2022 Fed ExFederal Express 2&34 FedEx 20,34 TOTAL ADVANCES THRU11/3O/2O22 2034 TOTAL CURRENT WORK 942�84 Page 250 of 568 HOURS 11/17/2022 HN Review and edits tnJudge's binder for 11/29hearing. 040 11/21/2022 HN Started preparing for hearing onBrune Fernandes' motion toquash service. Discussion with GB. 0.40 11/22/2022 HN Preparation for hearing onNovember 29. Review ofmotion, response, cited case law and statutory authority. 1.00 11/28/2022 HN Email exchange with counsel's office for Bruno Fernandes, 0.10 HN Preparation for hearing tomorrow. 0,50 11/29/2022 HN Preparation and attendance onFernandes' motion hoquash service (per judge itneeds tobereset byFernandes' aUorney),Email exchange with Bart Cozad. 170 FOR CURRENT SERVICES RENDERED 4.10 92Z50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HeatherNeede|noan 4.10 $225.00 $922.50 Color photocopies Photocopies 11/17/2022 Fed ExFederal Express 2&34 FedEx 20,34 TOTAL ADVANCES THRU11/3O/2O22 2034 TOTAL CURRENT WORK 942�84 Page 250 of 568 Page: 2 CITY OF BOYNTON BEACH 12/02/2022 ACCOUNT NO: 306-9905392 STATEMENT NO: 44970 adv. Alves Fernandes, Bruno Henrique (MVA) BALANCE DUE $942.84 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 251 of 568 GOREN.CHEROF.DOODY&EZROL.P.& Attorneys at Law 3089 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (854)771-45OO CITY (}FBOYNTONBEACH 1O0E.Ocean Avenue Boynton Beach FL 33435 Attn-. Lynn Swanson adv. Quigley, Theresa (Trip and Fall) Billing Category 18 - RLO Claim #2O1GO5O1-01 11/01/2022 MDC review correspondence and notice ofmediation FOR CURRENT SERVICES RENDERED TIMEKEEPER Michael D.Ciru||o Wil 44:80191 RECAPITULATION HOURS 0.20 Paoe:1 128]2/2O22 ACCOUNT NO: 306-9905403 STATEMENT NO: 44871 HOURS 0.20 0.20 45�0O HOURLY RATE TOTAL $225�00 $45�00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 45�OO Page 252 of 568 GOREN.CHER0F.OQODY&EZROL.P.A' Attorneys atLaw 3UQQEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45OO CITY DFBDYNTONBEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. McFadden, Patrick (KSInjuries) BillingCategory: 18-RkJ Claim #19779868 11/01/2022 MDC review order on costswith Julie Oldbury FOR CURRENT SERVICES RENDERED ACCOUNT NO: STATEMENT NO: RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 0.20 $22500 Photocopies TOTAL CURRENT WORK M^��� / "«._� TOTAL $45�OO Paoe:1 12/O2/2022 306'9905421 44973 Page 253 of 568 GOREN.CHEROF.DOODY&EZROL.P.& Attorneys at Law 3OU9East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (g54)771-4SOO CITY 0FBDYNTONBEACH 1OOE.Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv Mata ChonwmdiInc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 TOTAL CURRENT WORK pagm:1 12/O2/2O22 306-9805423 44974 Page 254 of 568 HOURS 11/15/2022 SHB Receive and review Zoning Verification letter and inquiry re: Homing Inn chronic nuisance order; follow upwith City. Look updeed, review ordinance, and draft letter tnnew property ovvner.;transmit to Code for review. 1,60 11/16/2022 SHB Receive and review police reports from Capt. Burde|ski. Review statute and revise letter tonew property owner re: chronic nuisance violations. 1.60 11/30/2022 K8OC review correspondence on status of pending appeal 0.30 FOR CURRENT SERVICES RENDERED 3.5O RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael O. Ciru||o 0.30 $225�00 $67,50 Shona H. Bridgeman 120 225,00 720.00 TOTAL CURRENT WORK pagm:1 12/O2/2O22 306-9805423 44974 Page 254 of 568 GOREN.CHEROF.DDODY&EZROL.P.& Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771 -458O CITY OFBDYNTONBEACH 1OOE.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv Norwood, K8kchme| (Slip and Fall accident 3/4/2021) Billing Category: 18'RLO Claim #21859966 11/11/2O22 11/22/2022 MDC review status ofpatient consents for medical records/discovery FOR CURRENT SERVICES RENDERED TIMEKEEPER Michael D. Cim|lo Color photocopies Photocopies ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $225�00 $67.50 Vehsma Systems, Inc. medical records from Hospital for Special Surgery TOTAL ADVANCES THRU11/302U22 TOTAL CURRENT WORK 0191101111 Em Page 255 of 568 GDREN.CHEROF.DOOOY&EZR(}L.P.A Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45OO CITY OFBOYNTONBEACH 10QE.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson F0DT-GCK8EWater Main Damage BillingCategory: 18 - RLD Claim #21870606 ACCOUNT NO: STATEMENT NO: 11/28/2022 KlE Review letter from counsel for GCK8E.conference with Frankie Hutcheson, email tuthe City, email tocounsel for GCW1E. 11/29/2022 KLE Review additional documents from {3CK4Eattorney FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Kerry LEzrO| 2A0 $22500 Color photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Pooe:1 128]2/2O22 309-9905594 44981 6OREN.CHEROF.DOODY&EZRDL.P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45OO Page: 1 CITY OFBOYNTONBEACH 1202/2022 1ODE,Ocean Avenue ACCOUNT NO: 306-0005007 Boynton Beach FL 33435 STATEMENT NO: 44982 Attn: Lynn Swanson mdv. Estate ofStanley Davis III Billing Category: 18-RLO Claim #22874044 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 257 of 568 HOURS 11/15/2022 MDC review email update onstatus of potentiallawsuit from City specialoounael 0.20 11/16/2022 KAQC review complaint, mhm calls with City defense counsel and Risk Manager; update City Commission 1.00 SHB Receive and review various correspondence re: lawsuit. Review federal complaint. O�30 11/17/2022 MDC review status nfinsurance defense coverage and assignment ofcounsel, call with City defense counsel 0.60 11/28/2022 MDC confer with defense counsel onstatus Vfreview ofcase 0.30 11/30/2022 MDC call with Bruce Johnson onstatus ofservice and his review ofcase 0.30 FOR CURRENT SERVICES RENDERED 270 607�50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D.CiruUo 240 $225�00 $540,00 ShenaH.Bridgeman 0.30 225.00 67.50 TOTAL CURRENT WORK 607.50 BALANCE DUE $60750 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 257 of 568 Marrero & Wydler Douglas Centre, PH -4 2600 Douglas Road Coral Gables, FL 33134 December 5, 2022 TAX I.D. 03-0486999 Claims/Human Resources and Risk Manageme City of Boynton Beach 100 E. Ocean Avenue Boynton Beaach, FL 33435 In Reference To: Smith, J. v. Shaun James, et al Our File No.: 39-7995 Professional Services 11/1/2022 LW Rec and rev e-mail from Karen Klein re 1.80 status; draft response 11/2/2022 LW Tele conf with Scott Alexander 11/3/2022 LW Rec and rev e-mail from Karen Klein re litigation strategy LW Tele conf with Stephanie Kaufer re mediation and deposition LW Prepare and attend call with Shaun James 11/4/2022 LW Rec and rev e-mail exchange re extending expert disclosure date 11/8/2022 LW Rec and rev Defendant Fire Standard notice of production from non-parties 11/10/2022 LW Draft mediation evaluation 11/14/2022 LW Rec and rev Defendant Sohn's expert witness disclosure 11/15/2022 LW Review/revise mediation evaluation LW Review Plaintiff transcript and exhibit of damages re preparation for mediation LW Rec and rev e-mail from Karen Klein re mediation; draft response 11/16/2022 LW Rec and rev mediator's report LW Prepare and attend mediation LW Tele conf (follow-up) with Shaun James Telephone: Fax Hours Amount 0.40 $56.00 0.20 $28.00 0.20 $28.00 0.30 $42.00 0.50 $70.00 0.40 $56.00 0.20 $28.00 2.80 $392.00 0.50 $70.00 305-446-5528 305-446-0995 Invoice 4423 No. Amount $56.00 $28.00 $28.00 $42.00 $70.00 $56.00 $28.00 $392.00 $70.00 0.50 $70.00 $70.00 0.40 $56.00 $56.00 0.20 $28.00 0.20 $28.00 1.80 $252.00 0.20 $28.00 $28.00 $28.00 $252.00 $28.00 Page 258 of 568 Claims/Human Resources and Risk Manageme 11/16/2022 LW Tele conf (follow-up) with B. Beddard re OJ/mediation LW Rec and rev Florida Dept of Highway Safety & Motor Vehicles driving history responsive to public records request 11/21/2022 LW Rec and rev Def Sohn request for copies and non -objection to 11/8 notice of production from non-parties 11/23/2022 LW Tele conf with Shaun James re update on case post -mediation For professional services rendered Additional Charges 11/1/2022 Mediation deposit Public records request from DHSMV Total costs Total amount of this bill Previous balance 11/30/2022 Payment -Thank You Total payments and adjustments Balance due Name Lourdes Timekeeper Summary Page 2 Hours Amount Amount 0.20 $28.00 $28.00 0.30 $42.00 $42.00 PLEASE MAKE CHECKS PAYABLE TO MARRERO & WYDLER 0.20 $28.00 $28.00 0.20 $28.00 $28.00 9.70 $1,358.00 600.00 23.00 $623.00 $1,981.00 $3,232.50 ($846.00) ($846.00) Hours Rate 9.70 140.00 Page 259 of 568 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 December 06, 2022 Billed Through 11/30/2022 Invoice 73367 / JLH 00281 42094 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Ultimate Bakery and Pastry, Inc. vs. City of Boynton Beach (22879963) FOR PROFESSIONAL SERVICES RENDERED: 11/01/2022 JLH Review letter from counsel for Plaintiff regarding delay in transmittal of 0.20 signed settlement agreement 11/03/2022 JLH Review settlement agreement signed by Peter Torocsik 0.20 11/03/2022 JLH Letter to Village representatives regarding request for settlement 0.30 agreement approval by City manager; review responding letter 11/03/2022 JLH Letter to counsel for Plaintiff providing complete set of settlement 0.30 documents and advising of submission of stipulation for dismissal on November 4 11/04/2022 JLH Finalize final stipulation for dismissal; submit proposed order; follow-up 0.50 with judicial assistant regarding entry of final order retaining jurisdiction and special procedures required by Judge Kastrenakes 11/04/2022 JLH Preparation of letter to Judge Kastrenakes regarding filing of stipulation 0.30 for dismissal and request for entry of final order retaining jurisdiction 11/04/2022 JLH Letter to City representatives regarding submission of stipulation for 0.10 dismissal with prejudice and final order 11/07/2022 JLH Prepare initial draft of motion to adopt settlement agreement and retain 0.70 jurisdiction 11/10/2022 JLH Telephone conference with judicial assistant regarding status of proposed 0.20 final order 11/10/2022 JLH Finalization to adopt settlement agreement and retain jurisdiction 0.70 11/14/2022 JLH Prepare revised order for submission to Judge Kastrenakes 0.50 11/14/2022 JLH Letter to counsel for Plaintiff regarding review of proposed motion 0.20 seeking adoption of settlement agreement and reservation of jurisdiction 11/16/2022 JLH Review docket regarding delay in entry of final order adopting settlement 0.20 agreement Page 260 of 568 Invoice Number 73367 Page 2 11/16/2022 JLH Prepare package for submission of City's motion for adoption of 0.40 settlement agreement 11/16/2022 JLH Letter to counsel for Plaintiff regarding proposed hearing 0.20 11/17/2022 JLH Follow-up letter regarding proposed hearing on February 1 0.10 11/18/2022 JLH Prepare notice of hearing on City's motion to adopt settlement agreement 0.20 11/18/2022 JLH Review letter from Malcolm Cunningham relating to purchase of ice 0.40 machine by Plaintiff and request for reimbursement under settlement agreement; review photographs referencing ice machine purchase 11/18/2022 JLH Letter to City representatives regarding reimbursement request and 0.20 sufficiency of purchase evidence for issuance of reimbursement check 11/18/2022 JLH Review letter from Mara Frederiksen regarding updated contact 0.10 information and sufficiency of ice machine installation 11/21/2022 JLH Finalize letter to Judge Kastrenakes regarding February 1 hearing and 0.20 hearing materials for entry of final order 11/21/2022 JLH Review docket regarding status of final order submitted by City 0.10 11/21/2022 JLH Review final order of dismissal 0.30 11/21/2022 JLH Letter to City representatives regarding entry of final order and 0.40 compliance with settlement agreement 11/21/2022 JLH Review letter from Quentin Morgan regarding compliance with 0.10 settlement agreement and funding of reimbursement for ice machine 11/21/2022 JLH Letter to counsel for Plaintiff regarding cancellation of hearing after 0.30 entry of final order 11/21/2022 JLH Prepare notice cancelling hearing on motion to adopt settlement 0.20 agreement 11/29/2022 JLH Letter to City representatives regarding status of ice machine 0.30 reimbursement; review responding letter 11/30/2022 JLH Letter to counsel for Plaintiff requesting confirmation of reimbursement 0.30 under settlement agreement; review responding letter Total Professional Services: $1,845.00 Hochman, J L 8.20 225.00 $1,845.00 DISBURSEMENTS 1111412022 US Legal Support; Invoice # 20220263233-12; Fee for Court Reporter Appearance at hearing on 9/14/22 1113012022 Printing and Imaging Services 106.05 1113012022 Postage Summary 0.57 Page 261 of 568 Summary: Invoice Number 73367 Total Expenses Advanced: Total professional services $1,845.00 Total expenses incurred +$201.62 Total Amount Billed $2,046.62 Less Pre -Paid Applied $0.00 Please Pay this Amount $2,046.62 Page 3 $201.62 Page 262 of 568 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 December 06, 2022 Billed Through 11/30/2022 Invoice 73368 / JLH 00281 42303 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: *** FINAL INVOICE *** Peter Torocsik vs. City of Boynton Beach FOR PROFESSIONAL SERVICES RENDERED: 11/03/2022 JLH Letter to counsel for Plaintiff providing complete set of settlement 0.20 documents and advising of submission of stipulation for dismissal on November 4 11/04/2022 JLH Finalize and file stipulation for dismissal with prejudice; submit 0.40 proposed final order 11/04/2022 JLH Letter to Judge Harper regarding entry of final order of dismissal 0.30 11/04/2022 JLH Letter to City representatives regarding submission of stipulation for 0.20 dismissal with prejudice and proposed final order 11/07/2022 JLH Review final order of dismissal 0.20 11/07/2022 JLH Letter to City representatives regarding case conclusion 0.10 11/17/2022 JLH Memo to file regarding issues for consideration in companion litigation 0.20 with Ultimate Bakery Total Professional Services: $360.00 Hochman, J L 1.60 225.00 $360.00 DISBURSEMENTS 1113012022 Printing and Imaging Services Total Expenses Advanced: Summary: 11.20 $11.20 Page 263 of 568 Total professional services Total expenses incurred Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 73368 $360.00 +$11.20 $371.20 $0.00 $371.20 Page 2 Page 264 of 568 OLDS & STEPHENS, P.A. 312 Eleventh Street P. O. Box 4523 West Palm Beach, FL 33401 Invoice submitted to: Julie Oldbury, IPMA-SCP, CLRP Director of Human Resources and Risk Management Human Resources and Risk Management 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 December 06, 2022 In Reference To: Client/Insured: Boynton Beach Claimant: Smith Claim No.: Date/Loss: Invoice # 10203 TAXPAYER I.D. NO.: 65-0385869 Professional Services Hrs/Rate Amount 11/1/2022 DS Receipt and review of email from adjuster re: 0.10 25.00 upcoming mediation 250.00/hr 11/2/2022 DS Telephone conference with Attorney Bedard re: 0.30 75.00 mediation strategy 250.00/hr DS Telephone conference with adjuster re: mediation 0.20 50.00 strategy 250.00/hr DS Reviewed case law and deposition notes in 2.00 500.00 preparation for evaluating liability and damages for 250.00/hr pre -mediation discussion with adjuster 11/7/2022 DS Began reviewing Plaintiffs deposition transcript 4.60 1,150.00 250.00/hr Page 265 of 568 Julie Oldbury, IPMA-SCP, CLRP Page 2 Hrs/Rate Amount 11/8/2022 DS Continued reviewing Plaintiffs deposition transcript 1.80 450.00 250.00/hr DS Worked on mediation statement and theme 3.20 800.00 250.00/hr 11/9/2022 DS Reviewed Notice of Production from non-party and 0.40 100.00 attached subpoenas 250.00/hr 11/10/2022 DS Review and preparation for strategy conference 3.70 925.00 with client 250.00/hr DS Worked on case theme and Opening Statement 1.20 300.00 250.00/hr 11/14/2022 DS Final review and preparation for strategy 2.00 500.00 conference with client 250.00/hr DS Conference with client to discuss case status and 1.00 250.00 strategy 250.00/h r DS Receipt and review of Mark Sohn's expert 0.40 100.00 disclosure 250.00/hr 11/15/2022 DS Reviewed and analyzed search and seizure case 2.50 625.00 law 250.00/hr 11/16/2022 DS Final review and preparation for attending 0.80 200.00 Mediation via Zoom 250.00/hr DS Attendance at Mediation via Zoom 2.10 525.00 250.00/hr 11/17/2022 DS Receipt and review of Mediation Report 0.10 25.00 250.00/hr 11/18/2022 DS Receipt and review of Plaintiffs supplemental 0.30 75.00 disclosures 250.00/hr Page 266 of 568 Julie Oldbury, IPMA-SCP, CLRP Page 3 Hrs/Rate Amount 11/21/2022 DS Receipt and review of Defendant Sohn's Amended 0.10 25.00 Notice of Non -objection to subpoenas to 250.00/hr non-parties 11/22/2022 DS Worked on trial strategy, including witnesses, 2.70 675.00 exhibits, and theme 250.00/hr DS Receipt and review of email from Dan Doskey re: 0.10 25.00 video being enhanced 250.00/hr 11/28/2022 DS Reviewed video to assist Mr. Doskey with 0.50 125.00 enhancement at his request 250.00/hr DS Emailed Mr. Doskey re: video enhancement status 0.10 25.00 250.00/hr 11/29/2022 DS Reviewed and analyzed video and radio media 1.70 425.00 250.00/hr For professional services rendered 31.90 $7,975.00 Previous balance $5,350.00 Balance due User Summary Name DON STEPHENS $13,325.00 Hours Rate Amount 31.90 250.00 $7,975.00 Page 267 of 568 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 December 07, 2022 Billed Through 11/30/2022 Invoice 73392 / MTB 00281 42164 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Joseph Smith vs. Boynton Beach, Shaun James, Mark Sohn, Andrew Berben and Cory Henry (Tristar Claim No. 22885543 and PGCS Claim No. 394052) FOR PROFESSIONAL SERVICES RENDERED: 11/03/2022 SDA Prepare summary of Plaintiffs deposition and pre -mediation issues to 1.20 client 11/08/2022 SDA Review and reply to numerous emails amongst counsel on extending 0.30 expert disclosure deadline 11/11/2022 MTB Receipt and review of email correspondence from Matrix Mediation 0.10 11/14/2022 MTB File review and preparation of Defendant Berben's confidential 1.50 mediation statement and correspondence to mediator Rodney Romano 11/14/2022 MTB Receipt and review of Defendant Mark Sohn's disclosure of expert 0.40 witnesses 11/15/2022 MTB Additional telephone conference with Sergeant Andrew Berben 0.20 regarding upcoming mediation conference and case status 11/16/2022 MTB Preparation for and attendance at mediation conference 2.00 11/16/2022 MTB Receipt and review of mediation report 0.10 11/21/2022 MTB Receipt and review of Plaintiff Smith's Supplemental Rule 26 0.40 Disclosures 11/21/2022 MTB Receipt and review of Defendant Sohn's Supplemental Rule 26 0.30 Disclosures 11/22/2022 SDA Review supplemental witness disclosure and review file materials for 0.90 information and reports from experts disclosed as having been involved in underlying criminal action 11/23/2022 SDA Review and prepare line/page summary of Berben criminal deposition to 0.90 isolate testimony needed for summary judgement factual portion 11/23/2022 SDA Review and prepare line/page summary of James criminal deposition to 1.20 isolate testimony needed for summary judgement factual portion Page 268 of 568 11/23/2022 SDA 11/23/2022 SDA Invoice Number 73392 Page 2 Review and prepare line/page summary of Sohn criminal deposition to isolate testimony needed for summary judgement factual portion Review and prepare line/page summary of Herny criminal deposition to isolate testimony needed for summary judgement factual portion Total Professional Services: Burke, Michael T. 5.00 225.00 Alexander, Scott D 6.90 225.00 DISBURSEMENTS 1113012022 Printing and Imaging Services 1113012022 WestLawResearch Summary: $2,677.50 $1,125.00 $1,552.50 26.95 41.00 Total Expenses Advanced: $67.95 Total professional services $2,677.50 Total expenses incurred +$67.95 Total Amount Billed $2,745.45 Less Pre -Paid Applied $0.00 Please Pay this Amount $2,745.45 Page 269 of 568 j 0 N E S F 0 S T E R P.O. Box 3475 West Palm Beach, FIL 33402-3475 505 South Flagler Drive, Suite :<## West Palm Beach, FL 33401 LqbTAM9 ;- =0 re"rol's :T- M. MNOW, ffl-, JOANNE M. OCONNOR KAREN BOULD THOMAS J. BAIRD 111111501GIN1111111 ilovember 30, 2022 Invoice No. 263099 7AA--Vp--2N49.000n2 TJR JE .10/AR. —AO11RS AMOUNT 350.00 9.20 $3,220.00 200.00 0.30 $60.00 350.00 13.20 $4,620.00 Page 270 0 588 City oynton Beach November 30, 2022 City oynton Beach v. JKM BTS Capital LLC Invoice No. 263099 File No. 29049.00002 Page 3 DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 11/01/22 TJB TELEPHONE CONFERENCEATTORNEY CIRULLO • R ATTORNEY -iTELEPHONE CONFERENCEATTORNEY ! EMAIL CORRESPONDENCE TO ATTORNEY DOODY; EXCHANGE EMAIL CORRESPONDENCE WITH J! JMO REVIEW CORRESPONDENCE FROM T BAIRD AND 0.30 105.00 CURRENT11/03/22 DRAFT OF AGREEMENT REGARDING !3/22 TJB EXCHANGE EMAIL CORRESPONDENCE1 525.00 ROSSMELL; ATTENTION TO THE REVISIONATTORNEY OF ATTENTION • THE ATTORNEY-CLIENTSESSION; DEVELOPMENT TEMPORARY PARKING AND PREPARE CORRESPONDENCE • ATTORNEY R!!! EXCHANGE EMAIL CORRESPONDENCE ATTORNEYDOODY; TELEPHONE CONFERENCE WITH CITY ATTORNEYS & ATTORNEY ROSSMELL 11/04/22 JMO REVIEW SETTLEMENT SUMMARY FROM M CIRULLO 0.20 70.00 AND - -! ! SAME; EMAIL CORRESPONDENCE T:• .R REGARDING TJB REVIEW PROPOSED CORRESPONDENCE TO CITY 0.20 70.00 COMMISSION REGARDING THE PROPOSED AGREEMENT11/04/22 SETTLEMENT 11/07/22 JMO REVIEW SETTLEMENT AGREEMENT, CONFER T ` 1.00 BAIRD AND REVISE AGREEMENT; EMAIL CORRESPONDENCE WITH CITY COUNSEL; CORRESPONDENCE TO JKM COUNSEL 11/07/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 1! 350.00 ATTORNEY CIRULLO; ATTENTION TO MAKING FINAL REVISIONS !.. THE SETTLEMENT AGREEMENT s EASEMENTS l.R.•w.. w PARKING REGARDING TEMPO !: ! REVIEW EMAIL CORRESPONDENCES0.40 140.00 ATTORNEY ' COMMISSION EMAIL CORRESPONDENCES TO K MARKOW RE ! • SETTLEMENT AGREEMENT REVISIONS 11/09/22 JMO EMAILS REGARDING SHADE MEETING WITH M 0.30 105.00 'R K MARKOWFOR JKM Page 271 of 568 0 N E S F # S T E B City r 30, 2022 City t Capital LLC Invoice File Page 4 11/09/22 TJB REVIEWAIL CORRESPONDENCE FROM 0.30 105.00 ATTORNEY MARKOW REGARDING J ' RESPONSE TO THE CITY'S SETTLEMENT A T; REVIEW EMAIL CORRESPONDENCE FROM CITYY CIRULLO 11/10/22 JMO REVIEWJKM REDLINESTO SETTLEMENT 6.00 2,100.00 MULTIPLE S WITH CITY ATTORNEY U L FOR CITY, CONFER (MULTIPLE) COU SEL FOR JKM, DRAFT REVISED LANGUAGE FOR AGREEMENT, TRAVEL TO AND FROM BOYNTON BEACH AND ATTEND SHADE SESSION 11/10/22 JMO TEL CALLS K MARKOWT SHADE SESSION0.20 70.00 11/10/22 KJB MULTIPLECOMMUNICATIONS WITH J. ' ; 0.30 60.00 REVIEW COURT DOCKET RE: TRIAL SETTINGS; STATUS EMAIL 11/10/22 TJB REVIEWAIL CORRESPONDENCE FROM 7.50 2,625.00 ATTORNEY ; REVIEW JPROPOSED REVISIONS AND EDITS TO THE SETTLEMENT AGREEMENT AND GENERAL RELEASE; REVIEW AGENDA ITEM REQUEST FORM AND PROVIDE COMMENTSTO THE CITY ATTORNEY; TELEPHONE CONFERENCE ITH CITY ATTORNEYS AND KATHERINE OSS ELL; TELEPHONE CONFERENCE WITH JKM ATTORNEYSO T L ; PREPARATION FOR AND ATTEND CITYCOMMISSION ATTORNEY-CLIENT SESSION 11/11/22 JMO CORRESPONDENCES WITH M CIRULLO,WITH JKM 0.20 70.00 COUNSEL K MARKOW REGARDINGSTATUS OF SETTLEMENT DISCUSSIONS 11/14/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.30 105.00 ATTORNEY CIRULLO REGARDINGJREVIEW AIL CORRESPONDENCE FROM J.O'CONNOR TO ATTORNEY ; RECEIVE AND REVIEWAIL CORRESPONDENCE FROM ATTORN REGARDINGL 11/15/22 TJB RECEIVEAND REVIEWAIL CORRESPONDENCE 0.10 35.00 FROM CITY ATTORNEY CIRULLO REGARDING SHADETI 11/16/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.00 / ATTORNEY CIRULLO REGARDINGL V. J ; TELEPHONE CONFERENCE WITH ATTORNEY ROSSMELL REGARDING E2L 11/21/22 JMO EMAILS REGARDING SHADE SESSIONS0.20 70.00 Page 272 of 568 J City of Boynton Beach City of Boynton Beach v. JKM BTS Capital LLC 11/21/22 :: ATTENTION TO SCHEDULING ATTORNEY-CLIEN MEETING; EXCHANGE EMAIL . . . , -.. , WITH LYNN SWANSON (3XS) 11/22/22 i RECEIVE AND REVIEW EMAILS EXCHANGED BETWEEN L. SWANSON AND ATTORNEYS REGARDING SCHEDULING OF TWO ATTORNEY-CLIENT 11/23/22 TJB EXCHANGE EMAIL CORRESPONDENCE ATTORNEY'S AGREEMENT TO AMEND COMPLAINT BY E2L, STATUS OF SETTLEMENT DISCUSSIONS ./22 TJB EXCHANGE EMAIL CORRESPOND ATTORNEY, PREPARE CORRESPONDENCE TO ATTORNEY MARKOW TOTAL HOURS 1 ! f 0.30 105.00 0.20 70.00 0.20 70.00 0.20 70.00 22.70 Page 273 of 568 LEWIS "L LW WALKER LO IN G IIVI.AN City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 003 Town Square Development Agreement 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 December 12, 2022 Invoice No. TWD -150024 Date Services Hours Amount 11/01/22 KBR Revise to Development Agreement and Land Swap 1.40 385.00 Agreement; email communication with M. Cirullo, D. Doody, and S. Swartz regarding same; various coordinations concerning meetings with Commissioner Kelley. 11/02/22 KBR Revise Development Agreement termination 1.20 330.00 language in response to D. Doody comments; email communication with M. Cirullo and D. Doody concerning same; email communication with M. Lynn concerning Development Agreement; receive and review update on land swap appraisals; receive and review various email communications with R. Singer regarding Development Agreement. 11/07/22 KBR Telephone conference with M. Lynn regarding 2.80 770.00 development agreement, escrow agreement, and parking lease agreement; update land swap agreement; email communication with M. Lynne regarding same; follow up email communication with M. Cirullo regarding communication with M. Lynne; receive and review email correspondence from D. Doody regarding comments on land swap agreement; meeting with A. Kelley regarding potential development agreement. 11/08/22 TWD Work session with K. Rossmell regarding status. 0.20 71.00 11/08/22 KBR Telephone conference with M. Cirullo regarding 0.40 110.00 upcoming Board meeting; office conference with M. Lynn concerning same; work session with T. Duhy concerning status of project. Page 274 of 568 Client Ref: 3772-003 Invoice No. TWD -150024 December 12, 2022 Page 2 Date Services Hours Amount 11/09/22 KBR Various email communications and telephone 0.60 165.00 conference with A. Radigan concerning master plan pre -submittal documents. 11/10/22 KBR Receive and review first appraisals for property in 0.30 82.50 property swap. 11/11/22 KBR Email communication and office conference with M. 0.20 55.00 Lynn regarding upcoming City Council meeting. 11/12/22 KBR Email communication with M. Lynn regarding 0.10 27.50 upcoming client presentation. 11/13/22 KBR Receive and review email correspondence from M. 0.10 27.50 Lynn regarding adoption schedule. 11/14/22 KBR Email communication with M. Cirullo regarding 2.40 660.00 upcoming staff meeting with Time Equities; telephone conference with communication with A. Radigan concerning same; telephone conference with M. Cirullo regarding same; telephone conference with M. Lynn regarding development agreement; telephone conference with A. Radigan regarding submittals; email communication with same regarding same. 11/15/22 KBR Email communication with M. Lynn concerning 0.10 27.50 update. 11/16/22 KBR Email communication with M. Lynn; analyze updating 1.20 330.00 timeline based on revised anticipated submittal of master plan and other meeting schedule constraints. 11/17/22 KBR Various telephone conferences with M. Lynn 2.90 797.50 regarding scheduling of submittals, documents, and meetings; telephone conference with M. Cirullo regarding same; various email communication with M. Lynn regarding revised submittal and processing schedule; analyze proposed revisions; coordination with M. Cirullo and City offices concerning meeting to discuss application. 11/18/22 KBR Various coordination with M. Lynn concerning revised 0.70 192.50 drafts and timelines; email communication with L. Swanson regarding meeting with developer and City staff. Page 275 of 568 Client Ref: 3772-003 Invoice No. TWD -150024 December 12, 2022 Page 3 Date Services Hours Amount 11/23/22 KBR Telephone conference with M. Lynn regarding status 2.30 632.50 update; review and analyze proposed revisions to development agreement; related statutory research for same. 11/28/22 KBR Review and revise development agreement; various 1.90 522.50 email communication with M. Lynn regarding meeting to discuss documents; email communication with A. Radigan regarding substance of proposed revisions; draft list of questions for same. 11/29/22 KBR Review and revise Development Agreement; analyze 3.40 935.00 various provisions for same; telephone conference with A. Radigan regarding specific substantive provisions; additional revisions; telephone conference with M. Cirullo regarding same; telephone conference and email communication with with M. Lynn regarding proposed changes; follow up revisions; related review of various parking agreements including prior JKM Agreement. 11/30/22 KBR Finalize comments on latest draft of agreement; 1.30 357.50 email communication with M. Cirullo and M. Lynn concerning same. Summary of Services Rate Hours Amount TWD Duhy, Tara W. 355.00 0.20 71.00 KBR Rossmell, Kathryn B. 275.00 23.30 6,407.50 Total for Services 23.50 $6,478.50 Total for Services and Expenses $6,478.50 Previous Balance 26,179.00 Payments Since Last Invoice -26,179.00 Amount Due $6,478.50 Page 276 of 568 Invoice No. TWD -150024 Invoice Date: December 12, 2022 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 003 Matter Name: Town Square Development Agreement Total for Services and Expenses $6,478.50 Previous Balance 26,179.00 Payments Since Last Invoice -26,179.00 Amount Due $6,478.50 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and a -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. Page 277 of 568 LEWIS "L LW WALKER LOIN G M ANI City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 005 Litgation - E21- Town Square 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 December 12, 2022 Invoice No. TWD -150026 Date Services Hours 10/06/22 KBR Email communication with A. Petrick regarding JKM 0.20 attorney. 11/01/22 KBR Coordination with office and City Attorneys office 0.20 concerning shade session. 11/02/22 LKW Receive and review Defendants' Motion for Attorneys' 0.20 Fees Pursuant to Florida Statutes §57.105; electronically catalogue same and update database. 11/02/22 ATP Review discovery served and emails related thereto. 0.60 11/02/22 KBR Receive and review notice of JKM's First Set of Interrogatories; various coordination with City Attorneys office regarding shade session. Amount 55.00 55.00 207.00 0.40 110.00 11/04/22 KBR Various email communications with A. Petrick and T. 0.40 Allison regarding meeting to discuss potential settlement; receive and review court order approving case management plan. 110.00 11/06/22 KBR Email communication with M. Cirullo regarding 0.10 27.50 upcoming shade meeting. 11/07/22 LKW Receive and review Order Approving Agreed Case 1.10 236.50 Management Plan and Order Setting Hearing; calculate all deadlines; create summary; update database with pertinent dates and deadlines. Page 278 of 568 Client Ref: 3772-005 Invoice No. TWD -150026 December 12, 2022 Page 2 Date Services Hours Amount 11/07/22 ATP Telephone conference with K. Rossmell to discuss 1.20 414.00 conferral with opposing counsel; prepare for and attend conference with opposing counsel to discuss potential settlement, anticipated Motion for Leave to Amend Complaint, and potential Motion for Sanctions under Section 57.105, Florida Statutes. 11/07/22 KBR Telephone conference with T. Allison and A. Petrick 1.10 302.50 concerning case status and discussions; follow up with A. Petrick regarding same; various coordination with office concerning case deadlines; various coordiantion with M. Cirullo regarding closed door session. 11/08/22 TWD Work session with K. Rossmell regarding status. 0.20 71.00 11/08/22 KBR Telephone conference with M. Cirullo regarding 0.50 137.50 potential case settlement proposal; work session with T. Duhy regarding status of case. 11/09/22 ATP Review and respond to emails regarding strategy for 0.70 241.50 handling Motion for Sanctions in light of expressed intent of Plaintiff to amend complaint. 11/09/22 KBR Various email communications with A. Petrick 1.40 385.00 concerning potential settlement and communication with opposing counsel; office conference with T. Allison concerning same; various telephone conferences with T. Allison concerning potential settlement. 11/10/22 ATP Telephone call regarding impact of pending litigation 0.40 138.00 on settlement agreement. 11/10/22 KBR Email communication with T. Allison concerning 0.20 55.00 master plan. 11/11/22 ATP Review and respond to opposing counsel regarding 0.20 69.00 proposal for settlement. 11/11/22 KBR Various email communications with A. Petrick and T Allison regarding potential settlement. 0.20 55.00 Page 279 of 568 Client Ref: 3772-005 Invoice No. TWD -150026 December 12, 2022 Page 3 Date Services Hours Amount 11/14/22 KBR Email communication with M. Cirullo regarding 0.60 165.00 upcoming City Council meeting; email communication with T. Baird concerning same; receive information that co-defendant concerning upcoming motion to dismiss hearing; research regarding equitable liens. 11/15/22 KBR Various telephone conferences and email 1.60 440.00 communications with A. Petrick concerning E2L proposals, motion to dismiss; email communication with T. Allison concerning same; receive and review settlement proposal from same; email communication with M. Cirullo concerning same. 11/15/22 ATP Review and respond to emails regarding Plaintiff's 1.40 483.00 Proposal to Dismiss Without Prejudice and provide terms for settlement; telephone call with K. Rossmell regarding same. 11/16/22 LKW Receive and review Notice of Updated Appearance of 0.40 86.00 Counsel and Designation of E -Mail Addresses filed on behalf of counsel for E2L Real Estate Solutions; update Certificate of Service. 11/16/22 KBR Email communication with and telephone conference 0.30 82.50 with M. Cirullo regarding settlement proposal. 11/18/22 KBR Telephone conference with T. Penserga regarding 1.70 467.50 status of litigation and upcoming shade meeting; receive and review notice of withdrawal of counsel; receive and review motion for second amended complaint; initial review of same; receive and review email correspondence from T. Allison concerning potential for agreed order. 11/18/22 ATP Review filings in court regarding Motion to Withdraw 0.40 138.00 and Motion for Leave to Amend. 11/21/22 LKW Receive and review Motion to Withdraw as Counsel 0.70 150.50 of Record filed on behalf of counsel for E2L Real Estate Solutions; update database for receipt of order granting same; receive and review E2L Real Estate Solutions' Motion for Leave to File Verified Second Amended Complaint and Demand for Jury Trial; update database for the scheduling of a hearing on same. Page 280 of 568 Client Ref: 3772-005 Invoice No. TWD -150026 Date 11/21/22 ATP Services December 12, 2022 Page 4 Hours Review and respond to emails regarding agreed 1.20 order granting Motions to Dismiss and granting leave to amend; telephone call with K. Rossmell regarding same. Amount 414.00 11/21/22 KBR Various email communications with legal team 1.60 440.00 concerning dates for scheduling shade session; coordination with office concerning same; receive and review proposed order, email communication, and voicemail from R. Gache concerning motions to dismiss and motion for leave to amend complaint; telephone conference with A. Petrick regarding proposed agreed order; various email communications with S. de Peralta regarding same and upcoming telephone conference; telephone conference with A. Petrick concerning proposed order; various additional email communication with A. Petrick and R. Gache regarding proposed order; initial preparation for shade session. 11/22/22 KBR Review and analyze proposed second amended 4.20 1,155.00 complaint and attached exhibits in comparison to prior complaint; various email communications with T. Allison, R. Gache, and A. Petrick concerning proposed agreed order; review and comment on various versions of same; telephone conference with A. Petrick concerning same; receive and review confirmation of filing same and related correspondence with Judge; various email communications concerning shade session. 11/22/22 ATP Review proposed Order on Motion for Leave to 1.80 621.00 Amend; telephone call with K. Rossmell regarding same; review and respond to emails regarding same. 11/23/22 KBR Receive and review Motion to Withdraw as counsel 0.20 55.00 from E21- attorney. 11/28/22 ATP Review sunshine law and related cases and attend 0.80 276.00 work session with K. Rossmell to discuss handling of executive session on E21- Settlement Agreement; review correspondence between opposing counsel and counsel for JKM Development regarding status of agreed order. Page 281 of 568 Client Ref: 3772-005 December 12, 2022 Invoice No. TWD -150026 Page 5 Date Services Hours Amount 11/28/22 KBR Preparation for upcoming shade session; work 1.70 467.50 session with A. Petrick concerning same; receive and review various email communications from T. Allison and R. Gache regarding submitted agreed order. 11/29/22 LKW Analyze pleadings to identify all documents relative to 0.60 129.00 JKM Developers' Motion to Dismiss in preparation for the specially set hearing on said motion; prepare hearing binder for the Court. 11/29/22 ATP Work session with K. Rossmell regarding 2.60 897.00 presentation to City; prepare for and attend closed session with City Council regarding settlement offer; review and respond to emails regarding same. 11/29/22 KBR Prepare for shade session with client, including notes 3.80 1,045.00 creation, telephone conference with A. Petrick, telephone conference with M. Cirullo, and document preparation; attend same; follow up discussion with A. Petrick. 11/30/22 LKW Receive and review Agreed Order Granting JKM 0.40 Developer's Motion to Dismiss Without Prejudice, Granting the City of Boynton Beach's Motion to Dismiss Without Prejudice and Granting Plaintiffs Motion for Leave to Amend executed by the Court; electronically catalogue same; update database with deadline for filing the Second Amended Complaint and the deadline for answering same. 11/30/22 ATP Review various emails regarding court's execution of 0.60 Agreed Order on Motion for Leave to Amend. 11/30/22 KBR Various email communications with A. Petrick and T. 0.40 Allison regarding settlement; receive and review Order granting City Motion to Dismiss and Granting E21- Leave to Amend; coordinate with office concerning same. Summary of Services 207.00 110.00 Page 282 of 568 Rate Hours Amount TWD Duhy, Tara W. 355.00 0.20 71.00 ATP Petrick, Amy T. 345.00 11.90 4,105.50 KBR Rossmell, Kathryn B. 275.00 20.80 5,720.00 LKW Wood, Lisa K. 215.00 3.40 731.00 Page 282 of 568 Client Ref: 3772-005 December 12, 2022 Invoice No. TWD -150026 Page 6 Total for Services 36.30 $10,627.50 Total for Services and Expenses $10,627.50 Previous Balance 15,206.00 Payments Since Last Invoice -15,206.00 Amount Due $10,627.50 Page 283 of 568 Invoice No. TWD -150026 Invoice Date: December 12, 2022 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 005 Matter Name: Litgation - E21- Town Square Total for Services and Expenses $10,627.50 Previous Balance 15,206.00 Payments Since Last Invoice -15,206.00 Amount Due $10,627.50 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and a -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. Page 284 of 568 LEWIS "L LW WALKER LOIN G M ANI City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 004 Litgation - JKM Town Square 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 December 12, 2022 Invoice No. TWD -150025 Date Services Hours Amount 11/01/22 AJB Review, analyze and edit Settlement Agreement and 0.60 213.00 full release. 11/01/22 KBR Final review and revisions to Settlement Agreement; 1.80 495.00 telephone conferences with litigation team regarding same. 11/02/22 KBR Revise Settlement Agreement in response to call with 0.40 110.00 litigation team; email communication with litigation team regarding same. 11/03/22 KBR Various email communications with J. O'Connor 1.30 357.50 regarding settlement agreement; telephone conference with D. Doody concerning same and temporary parking concerns; draft language for inclusion in settlement agreement; further email correspondence concerning same; email communication with T. Baird concerning parking easements. 11/04/22 KBR Various email communications with S. De Peralta 0.30 82.50 regarding settlement discussions 11/07/22 KBR Receive and review updated settlement agreement 0.30 82.50 language from J. O'Connor; email communication with D. Doody concerning same. 11/08/22 TWD Work session with K. Rossmell regarding status. 0.20 71.00 Page 285 of 568 Client Ref: 3772-004 Invoice No. TWD -150025 December 12, 2022 Page 2 Date Services Hours Amount 11/08/22 KBR Various email correspondences with M. Cirullo, J. 0.70 192.50 O'Connor, and legal team concerning closed door meeting; telephone conference with M. Cirullo regarding same; work session with T. Duhy concerning case status. 11/09/22 KBR Email communication with M. Cirullo concerning 0.20 55.00 upcoming shade meeting. 11/10/22 KBR Receive and review draft agenda item; provide 3.80 1,045.00 comment to M. Cirullo on same; various telephone conference with M. Cirullos regarding shade meeting and impact of related case on potential settlement; telephone conference with J. O'Connor concerning same; receive, review, and analyze updated Settlement Agreement draft; various telephone conferences and email communications with litigation team concerning potential settlement, terms of settlement agreement, and upcoming shade meeting; telephone conference with M. Cirullo concerning outcome of shade meeting. 11/11/22 KBR Various telephone conferences and email 1.60 440.00 communication with M. Cirullo and litigation team regarding potential settlement; various telephone conferences and email communication with S. DePeralta regarding same. 11/14/22 KBR Office conference with M. Cirullo regarding potential 1.20 330.00 settlement solution; further analysis of alternative mechanisms of protection for use in settling case; email communication with T. Baird concerning City Council direction. 11/15/22 KBR Telephone conference with S. De Peralta regarding 1.40 385.00 settlement and related matters; analyze options for resolving outstanding terms of settlement agreement. 11/16/22 KBR Telephone conference with M. Cirullo regarding 0.80 220.00 updates from conversation with S. De Peralta; various email communications and telephone conference with T. Baird concerning same; follow up. 11/21/22 KBR Various email correspondences concerning shade 0.30 82.50 session. Page 286 of 568 Client Ref: 3772-004 December 12, 2022 Invoice No. TWD -150025 Page 3 Date Services Hours Amount 11/22/22 KBR Telephone conference with S. De Peralta regarding 0.30 82.50 update of JKM position. Summary of Services Total for Services and Expenses $4,244.00 Previous Balance 5,218.00 Payments Since Last Invoice -5,218.00 Amount Due $4,244.00 Page 287 of 568 Rate Hours Amount AJB Baumann, Andrew J. 355.00 0.60 213.00 TWD Duhy, Tara W. 355.00 0.20 71.00 KBR Rossmell, Kathryn B. 275.00 14.40 3,960.00 Total for Services 15.20 $4,244.00 Total for Services and Expenses $4,244.00 Previous Balance 5,218.00 Payments Since Last Invoice -5,218.00 Amount Due $4,244.00 Page 287 of 568 Invoice No. TWD -150025 Invoice Date: December 12, 2022 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 004 Matter Name: Litgation - JKM Town Square Total for Services and Expenses $4,244.00 Previous Balance 5,218.00 Payments Since Last Invoice -5,218.00 Amount Due $4,244.00 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and a -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. Page 288 of 568 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 December 13, 2022 Attn: Richard Ignaffo Bill No. 69914 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Beecher v. Felix, Neossaint & City of Boynton Beach 22731 Tristar #21870336 BILL FOR FEES AND COSTS THROUGH 11/30/22 PROFESSIONAL SERVICES Date Services Attorney Hours 10/27/22 Receipt and review of e-mail from City Risk Manager Richard LHR 1.20 Ignoffo re: background and assignment of defense of City, and review of documentation attached thereto including accident report, photos, pre -suit communications, Plaintiffs Complaint, Summons to Defendant City, Request for Admissions to City, Interrogatories to City, and Request to Produce to City, and requesting conference to discuss case. 10/27/22 Preparation of email response to City Risk Manager re: LHR 0.20 acknowledging and confirming assignment of case and anticipated conference to discuss case and defense strategy. 10/27/22 Preparation of second e-mail response to City Risk Manager re: LHR 0.10 anticipated conference to discuss case and defense strategy. 10/28/22 Review Clerk of Court's online docket to identify and obtain RKD 0.90 copies of all pleadings and other court filings prior to effectuation of service of process on City of Boynton Beach. 10/31/22 Preparation of e-mail to City Risk Manager re: anticipated LHR 0.20 conference to discuss case and defense strategy and able to attend in person if he prefers due to cancellation in another matter. 10/31/22 Preparation of Notice of Appearance of Counsel for Defendant LHR 0.20 City and Designation of Email Addresses in Compliance with Rule 2.516. 10/31/22 Correspondence to Risk Manager Richard Ignoffo re: LHR 0.20 acknowledging assignment of case and initial defense strategy. 11/01/22 Preparation of e-mail to City Risk Manager Richard Ignoffo re: LHR 0.20 anticipated meeting to discuss case. 11/01/22 Receipt and review of e-mail from City Risk Manager Richard LHR 0.10 Ignoffo re: anticipated conference to discuss case and requesting Tristar rep Ms. Taylor be included as well. Page 289 of 568 Client: City of Boynton Beach December 13, 2022 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 11/01/22 Preparation of email response to City Risk Manager Richard LHR 0.10 Ignoffo and Tristar Rep. Diana Tayalor re: upcoming conference to discuss case. 11/01/22 Receipt and review of email response from Claims Rep. Diana LHR 0.20 Taylor re: upcoming conference to discuss case. 11/01/22 Receipt and review of second e-mail from City Manager LHR 0.10 Richard Ignoffo re: upcoming Zoom conference to discuss case and defense strategy. 11/01/22 Preparation of second e-mail response to City Manager Richard LHR 0.10 Ignoffo re: upcoming Zoom conference to discuss case and defense strategy. 11/01/22 Receipt and review of third email from City Manager Richard LHR 0.10 Ignoffo re: upcoming Zoom conference to discuss case and defense strategy. 11/02/22 Receipt and review of Plaintiffs Notice of Filing Verified Return LHR 0.20 of Service on Defendant City (4 pgs). 11/02/22 Receipt and review of Plaintiffs Notice of Filing Verified Return LHR 0.20 of Service on Defendant Fern Neossaint (4 pgs). 11/02/22 Extensive telephone conference with Boynton Beach Asst. Risk LHR 0.40 Manager Richard Ignoffo, Risk Manager Assistant Morgan Chaloupka, and Claims Risk Adjuster Diana Taylor re: background information and history of case, formulating defense of case going forward. 11/02/22 Receipt and review of e-mail from City Risk Manager Richard LHR 0.60 Ignoffo re: Engle Martin & Associates' Initial Report dated March 22, 2022, and review of same. 11/02/22 Preparation of email response to City Risk Manager Richard LHR 0.20 Ignoffo re: acknowledging and confirming receipt of Engle Martin & Associates' Initial Report dated March 22, 2022 and early impressions concerning case. 11/02/22 Receipt and review of second e-mail from City Risk Manager LHR 0.10 Richard Ignoffo re: acknowledging early impressions concerning case pursuant to initial discussions. 11/07/22 Receipt and review of e-mail from City Risk Manager Richard LHR 0.40 Ignoffo re: Felix EMS Report and advising Beecher not listed, however, he is waiting for two additional reports, and review of Felix EMS Report attached thereto. 11/07/22 Receipt and review of second e-mail from City Risk Manager LHR 0.80 Richard Ignoffo re: EMS reports for Fern Neossaint and Samuel Gillion, and review of same. 11/09/22 Receipt and review of e-mail from Tristar Claims Rep. Diana LHR 0.20 Taylor re: advising she has spoken to Attorney Blumengarten, representing Ms. Felix, regarding City's denial of liability, advising of subject suit by Ms. Beecher, and his being unaware of who Ms. Beecher is, so advised she is alleging she was passenger in Ms. Felix's vechicle. Page 290 of 568 Client: City of Boynton Beach December 13, 2022 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 11/09/22 Receipt and review of e-mail from City Risk Manager Richard LHR 0.20 Ignoffo re: interesting that Ms. Felix' counsel is unaware of Ms. Beecher in addition to her not being listed in the EMS reports. 11/10/22 Review litigation file including pleadings, motions, items of SHP 1.00 correspondence to date and file material to dance in advance of drafting Objections to Plaintiffs Requests for Admissions. 11/11/22 Preparation of initial drafting of the City's Objections to SHP 1.80 Plaintiffs Requests for Admissions. 11/14/22 Review litigation file including pleadings, motions, items of SHP 0.90 correspondence to date, file material to date, and other relevant materials in advance of preparing the City's Motion to Dismiss and Motion for Stay 11/14/22 Preparation of initial draft of City's Objections to Plaintiffs SHP 1.50 Interrogatories. 11/14/22 Preparation of initial draft of City's Objections to Plaintiffs SHP 1.20 Response to Request for Production. 11/15/22 Research relevant case law and statutory authority to raise and SHP 1.00 assert within the City's Motion to Dismiss and Motion for Stay 11/16/22 Preparation of initial drafting of the proposed Motion to Dismiss SHP 1.90 and Motion for Stay on behalf of Defendant, City of Boynton Beach. 11/17/22 Draft/Revise minor revisions to the proposed draft Motion to SHP 0.40 Dismiss and Motion for Stay based upon input from Ms. Swanson, Legal Services Administrator for the City of Boynton Beach's Attorney's Office. 11/17/22 Preparation of e-mail to City Attorney, Gal Betesh, re: proposed SHP 0.40 draft Motion to Dismiss and Motion for Stay which we have prepared on behalf of Defendant, City of Boynton Beach. 11/17/22 Receipt and review of e-mail from City Attorney Gal Betesh, re: SHP 0.20 advising of Ms. Betesh being on material leave and advising that the proposed draft Motion to Dismiss should be directed to the Michael Cirullo within Ms. Betesh's office whom is providing temporary assistance during Ms. Betesh's leave. 11/17/22 Preparation of e-mail to Risk Manager, Richard Ignoffo, re: SHP 0.40 proposed Objections to Plaintiffs Requests for Admissions, Objections to Plaintiffs Interrogatories and Objections to Plaintiffs Requests for Production and providing recommended plan of action to proceed with submitting said objections to the Court while the Motion to Dismiss and for Stay remains pending. 11/17/22 Preparation of email response to City Attorney, Michael Cirullo, SHP 0.40 whom is covering for Ms. Betesh while Ms. Betesh is on maternity leave, providing the City's proposed draft Motion to Dismiss and for Stay. Page 291 of 568 Client: City of Boynton Beach December 13, 2022 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 11/17/22 Receipt and review of email response from the Lynn Swanson, SHP 0.20 Legal Manager for the City of Boynton Beach re: advising of minor suggested revisions to the proposed Motion to Dismiss and for Stay. 11/17/22 Receipt and review of email response from Risk Manager, SHP 0.20 Richard Ignoffo, re: acknowledging receipt of the proposed Objections to Plaintiffs Requests for Admissions, Objections to Plaintiffs Interrogatories and Objection to Plaintiffs Requests for Production. 11/22/22 Preparation of e-mail to Michael Cirullo, city Attorney, re: SHP 0.40 following up on the proposed draft Motion to Dismiss and for Stay, which we have prepared on behalf of Defendant, the City of Boynton Beach. 11/22/22 Receipt and review of email response from the City Attorney, SHP 0.20 Michael Cirullo, re: advising he is presently out of the office through the end of the week. 11/22/22 Telephone conference with the City's Legal Coordinator, Ms. SHP 0.20 Swanson, confirming agreement with the proposed Motion to Dismiss and for Stay which we have prepared on behalf of the City as well as answering Ms. Swanson's inquiries pertaining to same. 11/23/22 Preparation of e-mail to Claims Examiner, Diana Taylor, re: the SHP 0.40 City's Motion to Dismiss and Motion for Stay. 11/23/22 Drafting of finalize the City's Motion to Dismiss and for Stay to LHR 0.40 be filed with the Court. 11/25/22 Review litigation file including pleadings, motions, items of SHP 0.70 correspondence to date, file material to date, and other relevant materials in anticipation of initial case evaluation for claims adjuster, Ms. Taylor, per guidelines. 11/26/22 Preparation of initial case evaluation including status of the SHP 2.30 case, summary of the allegations of the complaint, initial analysis of liability and damages, recommendations for claim handling and plan of action for claims adjuster, Ms. Taylor, per guidelines. 11/27/22 Preparation of initial defense budget including sums expended SHP 0.90 to date and future costs expected for claims adjuster, Ms. Taylor, per guidelines. 11/28/22 Preparation of e-mail to Risk Manager, Richard Ignoffo, re: SHP 0.40 additional inquiry as to the proposed Objections to Plaintiffs Requests for Admissions, Objections to Plaintiffs Interrogatories, and Objections to Plaintiffs Requests for Production, and providing an outline of our strategy to proceed with said objections in light of the City's pending Motion to Dismiss and for Stay and in order to avoid any objections being waived. Page 292 of 568 Client: City of Boynton Beach December 13, 2022 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 5 PROFESSIONAL SERVICES Date Services Attorney Hours 11/28/22 Correspondence to claims adjuster, Ms. Taylor, re: initial case SHP 0.40 evaluation and budget per guidelines 11/29/22 Preparation of e-mail to Claims Examiner, Diana Taylor, re: SHP 0.30 initial case evaluation and budget, per guidelines. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 6.70 185.00 1,239.50 RKD Rebecca K. Davis, Paralegal 0.90 110.00 99.00 SHP Sara H. Ptachik, Associate 17.70 160.00 2,832.00 Total Professional Services 25.30 $4,170.50 CURRENT BILL TOTAL AMOUNT DUE $ 4,170.50 Balance Forward: 0.00 Payments & Adjustments: -0.00 Total Due: $ 4,170.50 Page 293 of 568 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: 69914 Bill Date: December 13, 2022 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22731 Matter Name: Beecher v. Felix, Neossaint & City of Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 4,170.50 0.00 $ 4,170.50 0.00 -0.00 $ 4,170.50 0.00 $4,170.50 Page 294 of 568 6.J. Consent Agenda 1/3/2023 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/3/2023 Requested Action by Commission: Legal Expenses - October 2022 - Information at the request of the City Commission. No action required. Explanation of Request: Invoices for outside counsel are included. How will this affect city programs or services? N/A Fiscal Impact: This item is budgeted in FY 22/23. Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 295 of 568 Type Description D AttacftrTIENI'lt C:.,)oir'E)l['I Ch E)rof Doody & Ezirtfl OctobE)r 2022 I ['IVCACE)S D AttacftrTIENI'lt C:.,)oir'E)l['I Ch E)rof Doody & Ezirtfl OctobE)r 2022 Risk I itigatioin 11111Aa)iC)S D AttacftrTIENI'lt Johinsoin Ir a: iryw..) OctobE)r 2022 adv, L.YhirnatE) BakE)iry DAttacftrTIENI'lt JohinsoinAIIISE)�iryx..) PEAE)r Tbirocsik vs, CO&B OctobE)r 2022 DAttacftrTIENI'lt JohinsoinAIIISE)�iryx..) Sirnith vs Flo�iCE) OffiCE)rs BE)irlbE)l['I OctobE)r 2022 Ods & StE)lPhENIIS Sirnith w; FloliCE) OffiCE)rs D AttacftrTIENI'lt I IE)riny OctobE)r 2022 II111M)iCE) D AttacftrTIENI'lt Johinsoin Ir a: iryx..) EstatE) Of lDaAs OctobE�,r 2022 D alfa" cftrTIENI'lt (E)WiS I oingirnain Tbwn SqUiair'E) DE)V(..sllOpirm�llrlt OctobE)r 2022 D AttacNrTIENI'lt (E)WiS I oingirnain J I itigatioin OctobE)r 2022 DAttacftrTIENI'lt (E)WiS I oingirnain EZI I itigatioin OctobE)r 2022 D AttacNrTIENI'lt Marir'E)ro & Wydblir' Sirnith w;Flolk�21 OfficEIrs Oc,tobE)r 2022 D AttacftrTIENI'lt J0111E)S l:::::C)StE)ir' Tbwn SqUiair'E) itigatioin OctobE�Iir' 2022 D AAta" cftrTIENI'lt RobE)rts IRE)Yindds C:.,)E)ir'acA OctobE�Iir' 2022 linw)k�21 D AttacftrTIENI'lt RobE)rts IRE)Yindds Sirnith vs Flo�iCE) OffiCE)rs Sohin OctobE)r 2022 D AttacftrTIENI'lt RobE)rts IRE)Yindds (lI:RE;adoin) OctobE)r 2022 Page 296 of 568 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 11/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 44460 Attn: Lynn Swanson General Matters M 0(� 10/0312022 MDC review agenda materials for 10118 meeting, attend conference call with staff, misc telephone calls with Lynn Swanson on pending matters; review SOE agreement for 2023 election; review MOU re: utility emergency cooperation; misc calls and review code on rescheduling commission meeting OEM Review of updated purchasing policies. OEM Preparation for and telephone conference with staff re: Kimley-Horn issue SHB Review and revise library patron letter and transmit to City. BJS Follow up re: Pollack and reveiw and revise second draft notice 10/0412022 MDC review issues with rescheduling commission meeting, misc related phone calls; review draft ordinance on homestead; review agenda items; misc meetings at City Hall; attend City Commission meeting OEM Review and evaluation of Unum and UHC agreements and amendments thereto; telephone conference with staff re: agreements. OEM Review of correspondence re: Kimley-Horn matter from Mr. Dunmyer. SMS Discussion on Signature and recording for Easement at Intracoastal Park; Correspondence on Landscape Agreement. 10/05/2022 MDC follow up with Lynn Swanson on pending items, reorganizing agenda access for 10118; review revised pension ordinances, meet with Sean Swartz on pending matters; review letter re: utility/sewer break SMS Discussion review and meeting related to Destruction of Property; Call with Attorney for Probate Matter related to Notice, 10106/2022 MDC review and respond to emails on Costa Casa commercial parking, meet with Amanda Radigan on Costa Casa; review employment letters; review status of 10118 agenda items; meet with city staff on vacation rentals OEM Begin review and evaluation for legal form of proposed GPS golf cart lease agreement. SMS Correspondence and discussion related to Destruction Notice and Filing in Probate; Correspondence on Gold Coast Facility Use Agreement. BJS Follow up re: Pollack letter and with MDC 10/07/2022 MDC review emails on pending matters, review agenda items for 10/18; misc telephone calls SMS Draft Facility Use Agreement and related correspondence. BJS Follow up with MDC re: pending matters HOURS 3.40 1.10 1.50 0.40 0.80 6.70 2.00 0.20 0.50 1.00 1.50 3.30 0.80 0.60 0.30 2.00 0.70 0.30 Page 297 of 568 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: General Matters HOURS 10110/2022 MDC continue reviewing agenda items for 10118 meeting, call with Brian Sherman on PD/Pollack abuse of non -emergency police line, review PDB agenda materials 1.80 QEM Telephone conference with staff re: Hester Center Project. 0.60 QEM Review and evaluation of form Agreement for FDEM Agreement for Project #4337 -4 -Pg Boynton Beach Watershed Management Plan; respond to staff re: matter. 2.00 SMS Discussion on Letter of Destruction; Draft Facility Use Agreement. 1.40 BJS Telephone call with Michael Kelley re: Pollack 0.30 10/11/2022 MDC misc calls on agenda for 11118 meeting; review agenda materials for meeting; misc calls on pending matters 2.50 QEM Review of status of cancellation of work PO 201184 with staff. 0.70 HN Discussion with MDC re: status of trespass research and first amendment, Email to Neysa Borkert cc MDC re: City of Palm Coast trespass ordinance. 0.40 SMS Review of letter for P & D Board Meeting. 0.30 SHB Discuss Homing Inn chronic nuisance matters with staff; review ordinance re: transfer of ownership. 0.40 10/12/2022 QEM Review and discuss Volen Center Agreement with Mr. Young. 1.00 HN Review of cases. Re: trespass email to MDC with legal analysis. 2.00 MDC review agenda materials for 10118 meeting; meet with Lynn Swanson on 0.10 MDC pending 2.90 SMS Prepare for, and attend Planning and Development Board Meeting; 1.40 QEM Discussion and correspondence related to 301 W Boynton Notice. 6.20 BJS Review and follow up re: Randeye Pollack/response from BBPD, reveiw 1.40 SHB correspondence re: RMS agreements adn begin review of RMS Agreements 0.80 SHB Prepare for and attend monthly chronic nuisance meeting. Coordinate 0.50 SMS Cherry Hill prep call with Burdelski. Review correspondence form Rumpf re: reasonable accommodation agreement; revise agreement and transmit to 1.50 Rumpf, 1.80 10113/2022 QEM Review and evaluation of Brainfuse Contract -Boynton Beach City Library 10114/2022 MDC call with Code Department re: questions on tenant rights ordinance, review agenda materials, misc meetings on agenda review 5.50 SMS Meeting to discuss filing of notice of filing in probate matter; Review of correspondence related to Traffic Agreement. 0.60 BJS Telephone call with MDC re: Pending Matters 0.30 Page: 2 11/02/2022 306-9001821 44460 Page 298 of 568 Agreement; respond to staff re: matter. 0.90 HN Email exchange with Neysa Borkert re: City of Palm Coast's (type's) trespass ordinance application. 0.10 MDC review emails on code and PDB matters, calls with Lynn Swanson on pending matters, misc calls on height matters 1.40 QEM Preparation of GPS lease agreement Addendum; transmit draft to staff for review. 1.40 SHB Review reasonable accommodation ordinance and discuss annual approval requirements with Mike Rumpf. Follow up with code re: attorney inquiry to settle Code Compliance Case# 10-2859. 0.50 SMS Review of surplus property; Review of Easement Agreement; Discussion and research related to Bert Harris. 1.50 10114/2022 MDC call with Code Department re: questions on tenant rights ordinance, review agenda materials, misc meetings on agenda review 5.50 SMS Meeting to discuss filing of notice of filing in probate matter; Review of correspondence related to Traffic Agreement. 0.60 BJS Telephone call with MDC re: Pending Matters 0.30 Page: 2 11/02/2022 306-9001821 44460 Page 298 of 568 CITY OF BOYNTON BEACH General Matters 10/16/2022 10/17/2022 10/18/2022 MDC review materials, research actions by Delray Beach on height limits; prepare email update to Vice Mayor per request Page: 3 11/02/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 44460 MDC review materials, prepare for and attend staff conference call; misc follow up calls; call with Barbara Hall and update City staff QEM Review of file in preparation of telephone conference with Kimly-Horn re: Outstanding Invoice - Boynton Beach TOD Raise - PO#221243; participate in telephone conference. QEM Preparation of email correspondence to Mr. Dunmyer and Ms. Radigan RE: Kimsey -Horn Outstanding Invoice SMS Research on Height Ordinance and related litigation; Review of Request for Publishing. BJS Review and revise draft letter re: Pollack and follow up with City staff QEM Review and evaluation of Risk comments to GPS lease agreement, MDC misc telephone calls on pending items, meet with Amanda Radigan on height code changes, meet with City staff on agenda items; review agenda materials and prepare for City Commission meeting; attend City Commission meeting SHB Follow up with Mike Rumpf re: reasonable accommodation matters. SMS Discussion and research on height increase ordinance; Review related to Wetland Restoration and related comments; Correspondence related to Traffic Agreement. 10/19/2022 MDC review emails and follow upon 10118 commission meeting SMS Correspondence related to 301 W Boynton Beach; Review of letter of Demolition. QEM Begin review of Arts contracts; correspond with Mr. Weiss re: matter. HOURS 1.50 1.50 1.90 020 2.40 0.50 0.50 8.10 0.10 2,10 0.30 1.10 1.00 10/20/2022 MDC review agenda items for 11/1 meeting, misc t/c on pending items 1.30 HN Review of documents sent over from Tanya Guim re: 1714 Banyan Creek Court. Discussion with MDC. Phone discussion with Tanya Guim. 0.40 QEM Review of documents and notes re: Artist and Collector Agreements; zoom 0.50 QEM conference with Mr. Weiss re: proposed changes, 1.00 BJS Begin review of agreements re: Motorola PI, telephone call with City Clerk's 0.80 SMS Office and follow up re: Resolutions, follow up re: status of pending matters 1.00 SMS Revise Letter for Unsafe Structure and related correspondence; Review 1.60 BJS related to Surplus Property. 1.00 10/21/2022 MDC review emails re: public records requests; review agenda items for 11/1 10/22/2022 BJS Review correspondence from Chief Zeller re: Motrola P1 and draft follow up correspondence to MDC 0,60 Page 299 of 568 meeting; confer with Quentin Morgan and Brian Sherman on PD matters 1.60 SHB Review recovery home statute; Telephone conference with Mike Rumpf, Kathy Cline, and John Kuntzman re: reasonable accommodation process. 0.60 QEM Review of status of Kimly Horn invoice matter; follow-up with staff. 0.50 QEM Review of comments from staff re: Art Loan Agreements. 0.80 QEM Preparation for and meeting with staff re: security camera Agreement. 0.80 SMS Review of Sports Provider Agreement; Review of Facility Use Agreement for Carolyn Sims Center; Filing of Notice and Letter of Unsafe Structure. 1.60 BJS Prepare and attend meeting at the Boynton Beach Police Department re: Motorola P1, telephone call with MDC and follow up 2.00 10/22/2022 BJS Review correspondence from Chief Zeller re: Motrola P1 and draft follow up correspondence to MDC 0,60 Page 299 of 568 Page: 4 CITY OF BOYNTON BEACH 11/02/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 44460 General Matters HOURS 10/24/2022 MDC Call with Lynn Swanson on status of agenda items for 11/1, review research on holiday displays; review agenda items for 1111 meeting 4.10 BJS Legal Research and follow up re: Holiday Displays 0.50 BJS Review Resolution re: 22-045 0.30 SMS Review of Recorded Easement Agreement for Industrial Way; Review related to Piggybacking Agreement and related Agreements; Meeting to discuss Easement Agreement and related review; Review of Fithumb Agreement, 2.70 10/25/2022 MDC review status of agenda items, misc research on nativities; call with Lynn Swanson re: agenda items 3.40 QEM Review of notes and preparation of updates to security camera MOU; transmit draft to Ms. Swanson for distribution. 1.70 SHB Chronic Nuisance staff meeting re: Cherry Hill nuisance abatement agreement. Telephone conference with Steven Grant re: City's revised requirements for nuisance abatement agreement. Follow up with Staff re: additional proposal from Cherry Hill. 1.30 SMS Review related to correspondence for water service agreements; Review related to subpoena and public records request; Review related to Piggybacking Agreement; Correspondence, call, and discussion related to Sports Provider Agreement; Correspondence related to filed probate matter. 2.50 10/26/2022 MDC review agenda materials for 1111 meeting, call with Lynn Swanson on pending CAO matters; meet with City Manager on agenda, holiday displays, misc pending matters 3.90 SMS Review and correspondence related to construction documents; Review of hold harmless agreements, 1.90 SHB Receive and review municipal ordinance violation arraignment notice; discuss with MDC. 0.20 10/27/2022 MDC review email and documents for homeless assistance ILA, call with Lynn Swanson on pending matters 0.50 QEM Review and evaluation of Category D - General Consulting Services - Kimley-Horn & Associates; discuss with staff, 1,30 QEM Begin review and evaluation of Johnson Controls Fire Agreement issue raised by staff. 1.50 SMS Correspondence related to demolition and building permits; Review of Hold Harmless Agreement. 0.80 10/28/2022 MDC review emails on pending matters, misc meetings on agenda for 11/1 1.80 QEM Review, edit and clean Artist and Collector Art Loan Contracts; transmit documents to Mr. Weiss. 1.00 BJS Review Change ORder re: Motorola, telephone calls with Lynn Swanson and follow up re: procurement, follow up with staff 0.80 SMS Review of Piggybacking Agreement for Banking Services documents. 1.00 QEM Review and evaluation of CDBG SubAward Agreements and Pathways to Property SubAward Agreement; respond to staff re: Agreements form. 2.00 10/31/2022 MDC review emails on pending agenda matters, attend staff conference call 0.90 BJS Telephone call with Chief Zeller re: Motorola, review and follow up re: correspondence, draft reponse correspondence and review new Change Order, meeting with MDC 1.50 QEM Begin review and evaluation of Axon Agreement. 1.80 Page 300 of 568 Page: 5 CITY OF BOYNTON BEACH 11/02/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 44460 General Matters HOURS QEM Finalize formatting for Arts Agreement and forward to Mr. Weiss for review. 1.50 SMS Discussion on contract forfeiture and cemetery plots; Prepare for City Commission meeting items. 1.50 MDC STATEMENT FOR PROFESSIONAL SERVICES RENDERED FOR CURRENT SERVICES RENDERED 139.20 21,033.50 Photocopies TOTAL CURRENT WORK 21,033.50 BALANCE DUE $21,033.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 301 of 568 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 N 11.1 r-1•1caera�I ACCOUNT NO: STATEMENT NO: 10/04/2022 MDC review and comment on DROP amendment ordinances 10/19/2022 MDC review emails and correspond with Julie Oldbury on pension board matters 10/31/2022 SHB Various correspondence with Seth Haimovitch and Julie Oldbury re: arbitration scheduling and location. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 0.80 $225.00 Shana H. Bridgeman 0.10 225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.50 0.30 0.10 0.90 TOTAL $180.00 22.50 Page: 1 11/02/2022 306-0603180 44380 202.50 $202.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 302 of 568 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 11/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-0806020 Boynton Beach FL 33435 STATEMENT NO: 44381 Attn: Lynn Swanson Red Light Cameras , 114 0 (. `Ci111:V 10/03/2022 PE Looked up 61 cases on the clerks website. Communicated with PD regarding returned mail. 2.90 10/04/2022 PE Prepared one missing notice for 10/11122 hearing. Communicated with PD regarding violator address. 0.80 SHB Discuss pending trials and e -service matters with Patricia, Review and approve NOI. 0.60 10/07/2022 PE Sort organized and reviewed subpoenas for 1118/22 hearing. 4.90 1 0/1 012 022 PE Updated tracking log. Organized subpoenas for 11/8/2022 hearing. 1.30 10/11/2022 SHB Receive and review order denying third request for relief (Davis) 0.10 10/17/2022 PE Prepared 25 notices for 1118122 hearing. Converted to PDFIA and e -filed. Updated tracking log. 6.00 SHB Review and approve NOls. Receive correspondence re: possibly deceased violator; transmit to Longhini for review. 1.10 10/20/2022 PE Updated SMB calendar. Sort organize and worked on remaining 11/8/22 subpoenas. 2.00 10/24/2022 PE Prepared 20 notices for 1118/22 hearing 3.40 10/25/2022 PE Sent prose notices and envelopes to printer for mailing. Converted to PDF/A and e -filed. 4.40 10/27/2022 PE Sort organized and prepared remaining 4 notices for 11/8/2022 hearing. E-mailed PD regarding violator addresses. 2.00 10/28/2022 PE Converted into PDFIA and a -filed remaining notices for 11/8/2022 hearing. Reviewed subpoenas for 12/13/2022 hearing. Communicated issues with Varonis. 2.80 SHB Review and approve NOls. 0.20 10/31/2022 PE Updated tracking log. Updated SHB calendar. Organized pro se addresses for 12113/2022 hearing 1.70 SHB Follow up re: status of upcoming trials. Discuss e -service matters with Patricia. 0.30 FOR CURRENT SERVICES RENDERED 34.50 4,542.50 Page 303 of 568 Page: 2 CITY OF BOYNTON BEACH 11/02/2022 ACCOUNT NO: 305-0806020 STATEMENT NO: 44381 Red Light Cameras RECAPITULATION TIMEKEEPER HOURS Shana H. Bridgeman 2.30 Patricia Eugene 32.20 Photocopies TOTAL EXPENSES THRU 10/31/2022 TOTAL CURRENT WORK BALANCE DUE HOURLY RATE TOTAL $225.00 $517.50 125.00 4,025.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 8.75 8.75 4,551.25 $4,551.25 Page 304 of 568 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 11/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9904950 Boynton Beach FL 33435 STATEMENT NO: 44382 Attn: Lynn Swanson Litigation Miscellaneous ' NG HOURS 10/03/2022 SHB Prep for Cherry Hill chronic nuisance hearing. Telephone conference with Thuy re: CRA authorization for purchase of Cherry Hill property. 0.70 GB Received and reviewed 2022-10-03 Litigation Analysis from City. Emails with City regarding 2022-10-03 Litigation Analysis, 0.30 10/05/2022 MDC review correspondence on Ultimate Bakery Bid Protest litigation 0.30 10/06/2022 HN Meeting with GB and MDC to discuss two cases: Geico and Reardon and hearings that I will be handling. 0.40 MDC confer with Gal Betesh on status of litigation and potential hearings in November/December; meet with Heather Needelman to update on pending cases in which she will be 0.40 10/10/2022 MDC review information from Jeff Hochman, prepare agenda item for 10118 requesting authority to take all legal actions necessary to recover possession of the premises 0.40 10/14/2022 MDC meet with Gal Betesh to review pending litigation and status of pending claims 0.50 10/1612022 MDC review emails and information on status of pending litigation by Gal Betesh 0.60 10/17/2022 SHB Prep for Chronic Nuisance hearing. Telephone conference with Capt. Burdelski. Telephone conference with Candice Stone. Telephone conference with Candice Stone, Gayla Hill, and attorney Steven Grant. Update MDC, 1.30 10/18/2022 SHB Final prep for chronic nuisance hearing. Various correspondence with City re: exhibits and police reports. 1.90 10/19/2022 SHB Attend Chronic Nuisance hearing at City Hall. Discuss case matters with Capt. Burdelski. 5.50 10/21/2022 SHB Receive and review proposal from Attorney Grant re: Cherry Hill agreement; coordinate meeting with City staff, 0.50 10126/2022 SHB Various correspondence with City re: Cherry Hill agreement. Follow up re: security camera requirements. Revise agreement and transmit to Attorney Grant for review. 0.90 10127/2022 SHB Various correspondence with Tonya Guim re: Cherry Hill nuisance Page 305 of 568 Page: 2 CITY OF BOYNTON BEACH 11/02/2022 ACCOUNT NO: 306-9904950 STATEMENT NO: 44382 Litigation Miscellaneous abatement agreement. 10/28/2022 SHB Cherry Hill - Receive and review counter-offer from Attorney Grant; correspondence re: extension of time from magistrate. 10/31/2022 SHB Discuss chronic nuisance hearing matters with MDC. Coordinate call with staff to discuss Cherry HIII matter. Call with Candice Stone re: chronic nuisance. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael D. Cirullo 2.20 $225.00 Heather Needelman 0.40 225.00 Gal Betesh 0.30 225.00 Shana H. Bridgeman 11.80 225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.10 0.20 0.70 14.70 3,307.50 TOTAL $495.00 90,00 67.50 2,655.00 3,307.50 $3,307.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 306 of 568 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 Laurore, Iva and Renan (Code/Foreclosure) 10/28/2022 KLE Review final decree and discharge. FOR CURRENT SERVICES RENDERED TIMEKEEPER Kerry L. Ezrol TOTAL CURRENT WORK BALANCE DUE f'w ACCOUNT NO: STATEMENT NO: HOURS 0.20 0.20 RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $225.00 $45.00 Page: 1 11/0212022 306-9905432 44397 45.00 45.00 $45.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 307 of 568 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. Ho, Benjamin and Karen (Code/Foreclosure) ACCOUNT NO: STATEMENT NO: HOURS 10/06/2022 HN Review of email from our office inquiring with status of writ of possession. 0.10 10/07/2022 HN Edits and update to memo relating to appeal. 0.20 10/10/2022 MDC prepare memo to City Commission; review status of pending appeal; Review draft of Answer Brief 1.40 HN Edits to memo to commission. Review of Writ of Possession. 0.40 10/11/2022 HN Review of MDC comments on Answer brief. Edits and research related to MDC comments. Meeting with MDC to discuss MDC comments on draft brief. Email to MDC with Burke case. 1.90 MDC review revisions to Answer Brief with Heather Needelman 0.30 10/13/2022 HN Edits to answer brief. Research relating to motion for rehearing is required before appeal. Discussion with MDC. 1.00 10117/2022 HN Review and minor edits to answer brief. 10/20/2022 HN Review of letter Karen Ho handed out of 10/18/22 City Commission meeting re: pending litigation. Discussion with MDC. Email to MDC. Drafting memo to city commission. Discussion with MDC re: answer brief. Revisions to answer brief. Email to MDC with revised answer brief. Drafted memorandum to city commission re: Karen Ho's letter to the commission. MDC review Karen Ho documents and status of appeal; review Answer Brief; confer with Heather Needelman FOR CURRENT SERVICES RENDERED TIMEKEEPER Michael D. Cirullo Heather Needelman Photocopies RECAPITULATION HOURS HOURLY RATE 2.20 $225.00 5.70 225.00 10/13/2022 Service Process Palm Beach Sheriffs Office 10/17/2022 Service Process Palm Beach Sheriffs Office Page: 1 11/02/2022 306-9905433 44398 0.60 1.50 0.50 7.90 1,777.50 TOTAL $495.00 1,282.50 Page 308 of 568 Page: 2 CITY OF BOYNTON BEACH 11/02/2022 ACCOUNT NO: 306-9905433 STATEMENT NO: 44398 v. Ho, Benjamin and Karen (Code/Foreclosure) Service Process 180.00 10/16/2022 Need It Now Delivers South Florida 120.75 120.75 TOTAL ADVANCES THRU 10/31/2022 300.75 TOTAL CURRENT WORK 2,078.25 BALANCE DUE $2,078.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 309 of 568 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 11/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905512 Boynton Beach FL 33435 STATEMENT NO: 44404 Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) Photocopies 10/11/2022 Fed Ex Federal Express Al 0 C 20.05 10/11/2022 Fed Ex Federal Express 0.00 Fed Ex 20.05 TOTAL ADVANCES THRU 10/31/2022 20,05 TOTAL CURRENT WORK 267.55 BALANCE DUE $267.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 310 of 568 HOURS 10/07/2022 HN Review of Local Rule 6, drafted letter to judge and review of attachments to memo to court re: motion for rehearing. 0.50 10/11/2022 HN review of letter to court re: the Trust's motion for rehearing. 0.10 10/17/2022 HN Review of order denying sterling land trust's motion for rehearing. Review of amended order. Email exchange with MDC and SHB. Discussion with Jeff Siskind. Phone discussion with Adam Temple. Email to Adam Temple cc MDC. 0.50 FOR CURRENT SERVICES RENDERED 1.10 247.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Heather Needelman 1.10 $225.00 $247.50 Photocopies 10/11/2022 Fed Ex Federal Express Al 0 C 20.05 10/11/2022 Fed Ex Federal Express 0.00 Fed Ex 20.05 TOTAL ADVANCES THRU 10/31/2022 20,05 TOTAL CURRENT WORK 267.55 BALANCE DUE $267.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 310 of 568 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, Joseph, Vessle Deon (RPO) ACCOUNT NO STATEMENT NO 10/26/2022 SHS Follow up re: clerk -stamped RPO for entry into NCICIFCIC. Receive and review stamped RPO and transmit to Detective Gorfido. FOR CURRENT SERVICES RENDERED TIMEKEEPER Shana H. Bridgeman I1100IF_1Weill VNtill, f i►iffie17:1 BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2022 306-9905563 44408 HOURS 0,40 0.40 90.00 TOTAL $90.00 90.00 $90.00 Page 311 of 568 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 (Michele Dimon a/k/a Michele Pravata) ACCOUNT NO: STATEMENT NO: 10/03/2022 HN Review of court's order implementing civil differentiated case management plan. 10/07/2022 HN Review of status of case and motion re: guardian ad litem 10/12/2022 HN Review of status of case and review of order appointing guardian ad litem. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Heather Needelman 0.80 $225.00 TOTAL CURRENT WORK BALANCE DUE /4( AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2022 306-9905630 44415 HOURS 0.20 0.30 0.30 0.80 180.00 TOTAL $180.00 180.00 $180,00 Page 312 of 568 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 k i`, Indoor Training Facility (PPP) HOURS 10/05/2022 SMS Discussion on Agreement and related correspondence. 020 10/13/2022 SMS Review/revise Agreement, 0.40 10/18/2022 SMS Review/revise Agreement, 0.70 10/19/2022 SMS Discussion related to Ancillary Projects. 0.80 MDC review materials, meet with city staff on status of PPP for baseball field improvements and programming 1.40 10/20/2022 SMS Telephone conference call to discuss Agreement and revise. 0.90 10/21/2022 SMS Telephone conference call and revisions to Agreement and review of Exhibits. 0.40 10/24/2022 SMS Calls, correspondence, and revisions to Agreement and finalization. 0.80 1 0/2 512 02 2 MDC review materials, confer with Sean Swartz on status of agreement and compliance with city resolutions; review revised documents for agenda 0.50 SMS Review of resolution; correspondence related to updated Agreement and procedure. 1.20 FOR CURRENT SERVICES RENDERED 7.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL_ Michael D. Cirullo 1.90 $225.00 $427.50 Sean M. Swartz 5.40 225.00 1,215.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2022 306-9905631 44416 1,642, 50 $1,642.50 Page 313 of 568 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 11/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905642 Boynton Beach FL 33435 STATEMENT NO: 44419 Attn: Lynn Swanson v. Wunsch, Jeffrey (RPO) HOURS 10/26/2022 SHB Second RPO - receive and review correspondence from Detective Gorfido re: Wunsch return to Florida. Prepare draft affidavit and petition and send to Detective Gorfido for completion. Review and update Respondent Description info and Notice of Confidentiality. Prepare Notice of Filing Respondent Description Information, Notice of Filing Proof of Service. Receive and review signed petition and affidavit. Assemble and file Petition packet and supporting pleadings. Receive and review Order granting TRPO. Review and update Stipulation and Agreed Order, Transmit stamped order and stipulation documents to Detective Gorfido. 2.80 10/27/2022 SHB Second RPO - Receive and review signed stipulation. Receive and review compliance affidavit. Follow up re: status of search for weapons. Prepare and file notice of filing joint stipulation and notice of filing compliance affidavit. Follow up with JA re: cancellation of trial. Receive stamped Agreed RPO and transmit to Detective Gorfido for signature. 1.70 FOR CURRENT SERVICES RENDERED 4.50 1,012.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Shana H. Bridgeman 4.50 $225.00 $1,012.50 TOTAL CURRENT WORK 1,012.50 BALANCE DUE $1,012.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 314 of 568 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. Murphy, Michael (Arbitration) ACCOUNT NO: STATEMENT NO: 10/20/2022 SHB Receive and review various correspondence re: payment of settlement. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Shana H. Bridgeman 0.10 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0,10 0.10 TOTAL $22.50 Page: 1 11/0212022 306-9905645 44420 22.50 $22.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 315 of 568 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. Sohn, Mark (Termination Grievance) HOURS 10/19/2022 SHB Receive and review third arbitration panel, Discuss with MDC. Various correspondence with Seth Haimovitch. 0.80 10/20/2022 SHB Complete review of arbitration panel. Telephone conference with Seth Haimovitch to discuss. 0.70 10/26/2022 MDC review emails and status of mediator selection 0.20 FOR CURRENT SERVICES RENDERED 1.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.20 $225.00 $45.00 Shana H. Bridgeman 1.50 225.00 337.50 TOTAL CURRENT WORK BALANCE DUE /1�1 1b (.- Page: 1 11/02/2022 306-9905647 44422 382.50 382.50 $382.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 316 of 568 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 Ap 4- v, Joseph, Vessle Deon (2022 RPO) HOURS 10/03/2022 GB Email to Detective Gorfido regarding service on Respondent. Email to SHB regarding how to proceed. 0.20 10/04/2022 GB Telephone conference call with SHB regarding dismissal of lawsuit. Text message and left voicemail to City detective regarding non -service of dismissal of lawsuit. Email with City regarding non -service and dismissal of lawsuit. Drafted and filed notice of dismissal. Email to Judge advising that case was dismissed and asking that final hearing be canceled. Email to City advising of cancellation of final hearing and enclosing filed notice of dismissal. 0.80 10/11/2022 GB Emails and telephone conference calls with Detective Gorfido regarding new incident with Respondent. Emails and telephone conference call with SHB regarding Motion to Reopen Case. Received and reviewed police report for Oct. 10th incident and BOLO report for Oct. 10th incident. Drafted Motion to Reopen Case. Legal research regarding reopening case. Drafted Order Granting Motion to Reopen Case. Emails with Judicial Assistant enclosing Motion to Reopen and Proposed Order Granting Motion to Reopen. 2.30 SHB Discuss case matters with GB. Review and revise Motion to Reopen Case. 0.70 10/12/2022 GB Drafted and filed Petition for RPO, Affidavit in Support of Petition, Notice of Confidentiality, Notice of Filing Description Information Form and Description Information Form. Emails and telephone conference call with Detective Gorfido regarding service on Respondent, Respondent's whereabouts, and Petition for RPO, Affidavit in Support of Petition. Emails with Judge's chambers regarding Temporary Risk Protection Order. Emails with SHB regarding new case. 2.10 SHB Review correspondence from judge re: new case. Discuss with GB. Review pleadings re: additional information needed for new Petition. Follow up re: clerk -stamped TRPO, Receive stamped TRPO and transmit to Detective Gorfido for service. 1.40 10/13/2022 GB Emails with Detective Gorfido regarding compliance affidavit. Drafted Notice of Filing compliance affidavit and Notice of Filing proof of service. 0.30 SHB Begin trial prep; contact Detective Gorfido re: prep meeting. 0.50 10/20/2022 SHB Trial preparation. Call with Detective Gorfido. Follow up re: Joseph in -custody status and transport from jail for trial. 1.60 Page: 1 11/02/2022 306-9905653 44425 10/24/2022 SHB Trial preparation. Assemble exhibits, review body camera footage. Fallow Page 317 of 568 Page: 2 CITY OF BOYNTON BEACH 11102/2022 ACCOUNT NO: 306-9905653 STATEMENT NO: 44425 v. Joseph, Vessle Deon {2022 RPO} HOURS up with Detective Gorfido re: certified copies of documents. Review body camera footage and criminal history records. Follow up with PD re: additional body camera footage, police reports, and statements. 2.60 10/25/2022 SHB Final trial preparation. Assemble exhibits and attend trial at courthouse. 6.10 FOR CURRENT SERVICES RENDERED 18.60 4,185.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Gal Betesh 5.70 $225.00 $1,282.50 Shana H. Bridgeman 12.90 225.00 2,902.50 Color photocopies Photocopies 10/24/2022 Certified copies of court documents 91.08 Efiling 91.08 10/26/2022 Hearing Prestige Reporting Service 150.00 Depo 150.00 TOTAL ADVANCES THRU 10/31/2022 241.08 TOTAL CURRENT WORK 4,426.08 BALANCE DUE $4,426.08 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 318 of 568 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 11/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905654 Boynton Beach FL 33435 STATEMENT NO: 44426 Attn: Lynn Swanson adv. E21- Real Estate Solutions, LLC (Amended Complaint) Photocopies TOTAL CURRENT WORK 337,50 BALANCE DUE $337.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 319 of 568 HOURS 10/06/2022 GB Telephone conference call with MDC, DJD, Tom Baird and Kathryn Rossmell regarding case status. 0.40 10/21/2022 MDC Call with Kathryn Rossmell on status of case, City's motion to dismiss 0.40 10/26/2022 MDC Call with Kathryn Rossmell to discuss status of case management and joint scheduling order 0.40 10/3112022 MDC review email correspondence on status of court hearings, review materials as follow up from 10-28-22 meetings 0.30 FOR CURRENT SERVICES RENDERED 1.50 337.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 1.10 $225.00 $247.50 Gal Betesh 0.40 225.00 90.00 Photocopies TOTAL CURRENT WORK 337,50 BALANCE DUE $337.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 319 of 568 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 Sale to Nicholas P. Malinsoky - SE 21st Avenue, Boynton Beach, FL 33435 HOURS 10/21/2022 SMS Review PSA, letter and additional approval docs. 1.50 10/25/2022 SMS Review of existing PSA and correspondence on revisions necessary. 1.00 10/26/2022 SMS Review related to file and PSA. 1.50 10/28/2022 SK Drafting Purchase and Sale Agreement 0.70 SMS Draft PSA, 2.00 10/31/2022 SMS Discussion and review of revisions to PSA. 0.70 FOR CURRENT SERVICES RENDERED 7.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Sean M. Swartz 6,70 $225.00 $1,507.50 Sabrina Kalil 0.70 125.00 87.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 11102/2022 306-9905658 44429 1,595.00 1,595.00 $1,595.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 320 of 568 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 Sale to Howard Brown - 319 NE 12th Avenue, Boynton Beach, FL 33435 ACCOUNT NO STATEMENT NO 10125/2022 SMS Correspondence related to surplus property. 10/27/2022 SK Opening new file SMS Review of documents related to PSA. 10/28/2022 SK Drafting Purchase and Sale Agreement SMS Draft review Agreement. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Sean M. Swartz 3.30 $225.00 Sabrina Kalil 0.70 125.00 TOTAL CURRENT WORK BALANCE DUE A AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2022 306-9905660 44430 HOURS 0.30 0.20 1.00 0.50 2.00 4.00 830,00 TOTAL $742.50 87.50 830.00 $830.00 Page 321 of 568 GOREN, CHEROF, DOODY & E,ZROL, 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 Attm Lynn Swanson AP C. Town Square Development ACCOUNT NO: STATEMENT NO: HOURS 10/05/2022 MDC Call with Kathryn Rossmell on status of review of Development Agreement 0.40 10/06/2022 MDC conference call with special counsel on status of Development Agreement and relationship to JKM development; meet with Amanda Radigan on status of Time Square application and conference with Kathryn Rossmell 1.30 10/10/2022 MDC review emails and related documents on status of Time Equity matter 0.30 DJD Review proposed documents prepared by counsel for Time Equity 1.30 10/11/2022 MDC review comments on Development Agreement documents, attend conference call with Kathryn Rossmell 0.90 SK Reviewing comments for development agreement) telephone meeting w/ Kathryn Rossmell 0.70 DJD Review Kathryn Rossmell's comments; telephone conference with Kathryn Rossmell and Michael D. Cirullo 1.30 10/12/2022 DJD Address Kathryn Rossmeli's comments re: Time Equity documents 1.10 10/13/2022 MDC review materials, telephone conference call with Time Equity representatives and Kathryn Rossmell; follow up call with Kathryn Rossmell 2.10 DJD Participate in telephone conference with Time Equities counsel and Kathryn Rossmell 1.70 10/14/2022 MDC Call with Kathryn Rosemell on city process and procedures for review of development applications 0.30 DJD Address inquiry relative to Development Agreement 0.30 10/16/2022 MDC review correspondence and information to prepare for 10119 meeting 0.80 10/17/2022 DJD Review ordinance 21-030 0.40 10/19/2022 MDC review materials, prepare for and attend working meeting with City staff and Time Equity representatives 4.70 SMS Meeting to discuss outstanding issues Time Equities. 4.80 10/20/2022 MDC review materials and follow up from 11-19-22 meeting 0.40 DJD Conference with City Attorney 0.30 10/21/2022 MDC Call with Kathryn Rossmell following up on Time Equity meeting, timeline and list of required approvals 0.30 Page: 1 11/02/2022 306-9905263 44461 Page 322 of 568 Page: 2 CITY OF BOYNTON BEACH 11/02/2022 ACCOUNT NO: 306-9905263 STATEMENT NO: 44461 Town Square Development 10/24/2022 MDC review emails on land swap portion of possible transaction with Time Equity SMS Review of correspondence related to updated information. 10/25/2022 DJD Review proposed timeline 10/26/2022 MDC review correspondence and proposed timeline for Time Equity project, provide comments to Kathryn Rossmell and follow up call with Ms, Rossmell DJD Address issue involving parcels for land swap SMS Review of task and timeline. 10/27/2022 MDC Confer with DJD on status of applications and proposed timeline DJD Conference with Michael D. Cirullo 10/28/2022 MDC review materials, prepare for and attend meetings with Commissioners re: Time Equity proposed development FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE D.J. Doody 7.30 $225.00 Michael D. Cirullo 18.80 225.00 Sean M. Swartz 5.30 225.00 Sabrina Kalil 0.70 125.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.30 0.20 0.40 0.90 0.20 0.30 0.30 0.30 5.80 32.10 TOTAL $1,642.50 4,230.00 1,192.50 87,50 7,152.50 7,152.50 $7,152.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 323 of 568 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 w Mangrove Park - Lease from St. Mark's ACCOUNT NO: STATEMENT NO: 10/05/2022 MDC review and respond to email inquire from Diocese counsel, and update TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 0.30 0.60 1,20 0.30 0.60 0.40 0.30 3.90 TOTAL $337.50 180.00 200.00 Page: 1 11/02/2022 306-9905412 44462 F=RaC J 717.50 $717.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 324 of 568 Andrew Mack 10/06/2022 DJD Review documents; prepare for conference call 10/07/2022 MDC confer with DJ Doody, call with Andrew Mack DJD Review file; telephone conference with Andrew Mack; telephone conference with Counsel for Palm Beach Diocese 10/14/2022 SK Drafting Agreement for Exchange of Real Property 10/18/2022 SK Revising agreement 10/24/2022 SK Revising Swap Agreement 10/25/2022 SK Looking up Charter FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE D.J, Doody 1.50 $225.00 Michael D. Cirullo 0.80 225.00 Sabrina Kalil 1.60 125.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 0.30 0.60 1,20 0.30 0.60 0.40 0.30 3.90 TOTAL $337.50 180.00 200.00 Page: 1 11/02/2022 306-9905412 44462 F=RaC J 717.50 $717.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 324 of 568 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 Aon adv. Torocsik, Peter (Public Records/Civil Rights Action) ACCOUNT NO: STATEMENT NO: 10/04/2022 QEM Review of email correspondence from staff re: potential open public records records. 10/06/2022 QEM Review of multiple pleading and multiple email correspondence re: matter; zoom conference with Mr. Hochman and Mr. Cirullo re: matter. MDC Conference with Jeff Hochman and City Clerk to prepare for 10113 hearing 10/07/2022 MDC review email correspondence from Jeff Hochman on subpoenas and preparation for 10/13 hearing 10/10/2022 QEM Review of email correspondence from Mr. Torocsik, Mr. Hochman and Ms. Oldbury re: matter. 10111/2022 MDC review emalls on status of hearing, confer with Quentin Morgan, special counsel Jeff Hochman and Julie Oldbury to prepare for hearing QEM Review of draft Answer and Defenses from Mr. Hochman; telephone conferences with Mr. Hochman, Mr. Cirullo and Ms. Oldbury in preparation of upcoming hearing, 10/12/2022 QEM Review of revised Answer; discuss matter with Mr. Hochman; preparation of proposed revision and share revisions and case law with Mr. Hochman, MDC call with Quentin Morgan and review status of hearing preparation, call with special counsel on hearing strategy 10/13/2022 QEM Attend UMC Hearing re: Verified Complaint to Enforce Florida's Public Records Act; review of correspondence re: setting of depositions, MDC review correspondence on status of hearing 10/14/2022 QEM Review latest public records request. 10/16/2022 MDC review draft documents regarding case 10117/2022 QEM Review of email correspondence from Mr. Hochman re: matter. 10/18/2022 MDC review email correspondence and proposed settlement, confer with Quentin Morgan; attend conference with Jeff Hochman and Julie Oldbury QEM Review of email correspondence and proposed settlement agreement; discuss with Mr. Cirullo. 10/19/2022 QEM Review of staff response to additional PRR. Page: 1 11/02/2022 306-9905656 44463 HOURS 0.60 1.70 1.00 0.30 1.00 1.10 2,20 2.20 0.60 1.20 0.30 0.70 0.30 0.70 1.20 1.70 0.40 Page 325 of 568 CITY OF BOYNTON BEACH adv. Torocsik, Peter (Public Records/Civil Rights Action) Page: 2 11/02/2022 ACCOUNT NO: 306-9905656 STATEMENT NO: 44463 1 0/2 012 022 MDC Conference with City Manager, City Staff and Jeff Hochman on status of case and potential options for resolution 10/24/2022 MDC review emails on status of business at city locations, follow up with Quentin Morgan and Jeff Hochman QEM Review and discuss occupancy issue with Ms. Oldbury, Mr. Young and Mr. Ylijoki; telephone conference with Mr, Hochman re: matter; review of email correspondence and documents from Mr. Hochman re: matter. 10125/2022 MDC review status of resolution attempts 10/26/2022 QEM Review of updated status from Mr. Hochman and Ms. Oldbury; review of draft pleading from Mr. Hochman. 10/27/2022 MDC review email on proposed settlement and related documents, correspond with city staff and special counsel; conference call on settlement status QEM REview of status of matter with Mr. Mack; review of settlement updates from Mr. Hochman; zoom conference with Mr. Hochman and staff re: matter. 10128/2022 QEM Review of email correspondence re: status of settlement from Mr. Hochman. FOR CURRENT SERVICES RENDERED TIMEKEEPER Michael D. Cirullo Quentin E. Morgan TOTAL CURRENT WORK I.7�lA_1►[N��111 RECAPITULATION HOURS HOURLY RATE 7.70 $225,00 17.40 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE LOIN] 1.00 0.30 2.40 0.30 1.20 1.30 1.20 0.20 25.10 TOTAL $1,732.50 3,915.00 5,647.50 5,647.50 $5,647.50 Page 326 of 568 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 Ifihe adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) 10/0712022 HN Edits and update to memo relating to appeal. 0.20 10/10/2022 MDC prepare memo to City Commission, review status of appeal and reply brief 0.40 10/20/2022 HN Review of letter Karen Ho handed out at 10/18 commission meeting. Discussion with MDC. Final review and edits of answer brief. 1.80 FOR CURRENT SERVICES RENDERED 2.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL. Michael D. Cirullo 0.40 $225.00 $90.00 Heather Needelman 2.00 225.00 450.00 Photocopies 09/27/2022 Fed Ex f=ederal Express 09/27/2022 Fed Ex Federal Express Fed Ex 09/27/2022 Production CopyScan Technologies 09/30/2022 Production CopyScan Technologies TOTAL ADVANCES THRU 10/31/2022 TOTAL CURRENT WORK BALANCE DUE Page: 1 11/02/2022 306-9905567 44464 540.00 34.59 G 7 15 11 68.12 0.00 68.12 695.92 $695.92 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 327 of 568 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 of v. JKM BTS Capital, LLC (Declaratory Action) ACCOUNT NO: STATEMENT NO: 10/06/2022 MDC Telephone conference call with special counsel on status of discussions with JKM and relationship to Time Equity GB Telephone conference call with MDC, DJD, Tom Baird and Kathryn Rossmell regarding case status. DJD Participate in conference call; telephone conference with Stephen Grave DePealta, Esq 10/12/2022 MDC Telephone conference call with JKM counsel on status of discussions and Town Square project 10/13/2022 MDC Telephone conference call with Tom Baird, review correspondence regarding litigation discussions DJD Review emails from Baird and Markow; review of settlement agreement 10/17/2022 DJD Review of revised settlement as proposed by counsel for JKM; telephone conference with Kathryn Rossmell HOURS 0.30 0.40 0.90 0.40 0.60 0.50 1.20 10/19/2022 MDC confer with Kathryn Rossmell on status of discussions with JKM, email co -counsel with updates on Time Equity discussions 0.50 10/21/2022 MDC review revised draft documents relating to potential resolution of case, call with Tom Baird and Kathryn Rossmell 1.80 10/26/2022 MDC correspond with special counsel on status of discussions with JKM, update Kathryn Rossmell 0.60 10/31/2022 MDC review revised documents relating to potential resolution of case 0.40 DJD Review revisions to Settlement Agreement 0.80 FOR CURRENT SERVICES RENDERED 8.40 TIMEKEEPER D.J. Doody Michael D. Cirullo Gal Betesh Color photocopies RECAPITULATION HOURS HOURLY RATE 3.40 $225.00 4.60 225.00 0.40 225.00 TOTAL $765.00 1,035.00 90.00 Page: 1 11/02/2022 306-9905525 44465 1,890,00 Page 328 of 568 Page: 2 CITY OF BOYNTON BEACH 11/02/2022 ACCOUNT NO: 306-9905625 STATEMENT NO: 44465 v. JKM BTS Capital, LLC (Declaratory Action) Photocopies TOTAL CURRENT WORK 1,890.00 BALANCE DUE $1,890.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 329 of 568 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. Quantum Park POA - Robert Furr, Trustee (Bankruptcy) HOURS 10/05/2022 MDC review email update and referenced orders from special counsel 0.20 10/12/2022 KLE Review email from Malinda Hayes; 0.30 10/13/2022 GB Received and reviewed email from Malinda Hayes regarding case status $225.00 and first hearing in front of new judge. Emails with KLE and MDC regarding Michael D. Cirullo email and POA's 2018 budget. Emails with City regarding budget. Received 225.00 and reviewed budget for 2018 from City. Emails with Malinda Hayes Gal Betesh regarding budget. 0.60 KLE Conference with Gal Betesh, review documents to respond to Malinda Hayes, 1.20 10/14/2022 KLE Conference with Gal Betesh, review documents; respond to Malinda Hayes, emails to and from Lynn 0.80 10/19/2022 KLE Review invoices from Malinda Hayes, emails to and from Malinda; 0.40 10/20/2022 KLE Review emails from Malinda Hayes re: settlement etc, 0.40 FOR CURRENT SERVICES RENDERED 3.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Kerry L. Ezrol 3.10 $225.00 $697.50 Michael D. Cirullo 0.20 225.00 45.00 Gal Betesh 0.60 225.00 135.00 TOTAL CURRENT WORK _1LL�11L Page: 1 11/02/2022 306-9905637 44468 V1 1 .1JU 877.50 $877.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 330 of 568 GOREN.CHEROF.DODOY&EZRDL.P.A. Attorneys at Law 3OSgEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954)771-45OO CITY OFBOYNTDNBEACH 1OOE.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Venegas, Jeouso Billing Category 18-RLO Claim #001470000367AB ACCOUNT NO STATEMENT NO 10/04/2022 GB Emai|s with opposing counsel regarding deposition ofcorporate representative for insurance company defendant. 10/10/2022 GB Emai|owith opposing counsel regarding insurance corporate representatives deposition. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GaUBehesh 020 $225�00 TOTAL CURRENT WORK '�^�u����� �" Paoa:1 11X}2/2022 306-9905098 44384 HOURS 0.10 OjO 020 45.00 TOTAL $45.00 45.00 $45.00 Page 331 of 568 GDREN.CHEROF.DOODY&EZROL.P,A. Attorneys at Law 3O98East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (A54)771-45OO CITY [}FBOYNTONBEACH 10}E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson mdv. Reodon. Javden. Estate of(police chase) Billing Category: 18-RLD Claim #OO1 1 ACCOUNT NO: STATEMENT NO: 10/03/2022 GB Finalized, filed and served response to Plaintiffs' Supplemental Request for Production. 10/04/2022 GB Email toStephanie Kauferenclosing emoi|sproduced byCity inResponse to Plaintiffs' Supplemental RFP. GB Began conducting legal research for motions for protective order regarding inquiry into post incident actions byDefendant Sohn. 10/06/2022 GB Meeting with HNand MDC regarding motions for protective order. 10/10/2022 GB Continued drafting and conducting legal research for City's Motion to Protection Order. Motion toQuash and Motion for Sanctions aoto Notices ofDepositions for Former Interim City Manager Stables, Former Chief Gregory and ChiefDeGiu|io, FOR CURRENT SERVICES RENDERED TIMEKEEPER Gal Betesh Photocopies TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 7�60 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE ZTO0�� 1.50 T6O TOTAL $1,710.00 paQe:1 11X32/2O22 306-9905190 44385 1,710.00 1.7100O $1.71&0] GOREN.CHEROF.DO0DY&EZR0L.P.A' Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (854)771-4500 CITY {}FBDYNTONBEACH 1UOEOcean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Philson.TammiA` (Personal Injury -Carolyn Sims Center) Billing Category: 18 ' RLO Claim #00147000044UGB 1007/2022 GB 10/10/2022 GB 10/11/2022 GB 10/13/2022 GB 10/14/2022 GB 10/21/2022 Emaikawbh Dc Kurylas regarding subpoena ACCOUNT NO: STATEMENT NO: Emails with Dr. Kurylasregarding documents responsive to Subpoena. Received and reviewed documents responsive hoSubpoena from Dr. Kury|asand added information from tomedical chart. Continued drafted deposition summary for Plaintiff's deposition. Received response from Anne Arundel Medical Center and telephone conference with Medical Center regarding subpoena. Email toopposing counsel regarding release tobesigned bvPhi|sonfor medical records. Meeting with MDC regarding case status, Email toMDC regarding update FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Ga|Bebaeh 3.50 $225.00 Color photocopies Photocopies Records Ciox Health TOTAL ADVANCES THRU1O81/2022 TOTAL CURRENT WORK PaQe:1 11/O2/2022 300-9905310 44386 HOURS O]O 2.80 0.30 OAD 0.20 3.50 787�5O TOTAL $787.50 155�85 15685 155�85 Page 333 of 568 Paoe:2 CITY {}FBOYNTONBEACH 1102/2022 ACCOUNT NO: 305-9905310 STATEMENT NO-. 44386 adv. Philson.TannmiA. (Personal Injury -Carolyn Sims Center) BALANCE DUE $94135 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 334 of 568 GDREN.CHER{)F.DOODY&EZROLP.& Attorneys at Law 3098 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45OO CITY OFBOYNTONBEACH 1OOE.Ocean Avenue Boynton Beach FIL 33435 Attn: Lynn Swanson adv. Germo.Sanford and Meredith Genad.John (Conhontadon/Po|ice Officer) Billing Category: 18-RLO Claim #19757010 ACCOUNT NO STATEMENT NO 10/06/2022 GB Received and reviewed letter from Roberts Reynolds regarding case status. Update NL[)chart per letter. 10/13C2022 GB Received and reviewed update oncase from Lyman Reynolds and updated RLC) chart accordingly, FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Go|Betesh OAO $225O0 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2O22 300-9905375 44390 HOURS 0.20 0,20 0.40 90.00 TOTAL $90.00 90.00 $90.00 Page 335 of 568 GOREN.CHERUF.D{]ODY&EZR()L.PA. Attorneys at Law 3O9SEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (9S4)771'45OO CITY OFBOYNTONBEACH 1OOEOcean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Alves Fernandes, Bruno Henrique (MVA) 10/O4/2O22 IMIX110kim 10/10/2022 Billing Category: 18 - RUO Claim #19762606 ACCOUNT NO: STATEMENT NO: GB Email with attorney for Bruno regarding setting N1ohonbo{]uashSenvicafmr hearing. 0.10 GB Meeting with MDC and HNregarding case status and motion toquash service. Emai|evvkh HN regarding motion to quash service. Emai|ewith opposing counsel regarding motion hoquash service, Emai|sto [WDC regarding case status. Legal research regarding expiration ofsummons issued (oBruno. Reviewed file for when summons was issued. Calculated date summons would expire. Emai|ewith opposing counsel regarding setting motion toquash service for hearing. HN Review ofmotion (oquash service, review ofdraft response, review of exhibits bmresponse. Review ofcase law and statute cited inresponse. Review ofemail from GBhoOpposing Counsel. HN Email exchange with GB. Email exchange with opposing counsel. Review of Judge Cheesmon division instructions. Review ofdraft response. GB Emai|s=ith HN regarding Motion to []uomh Process Service. Emai|awith opposing counsel regarding Motion to Quash Process Service. 10V11/2022 GB Received and reviewed Notice ofHearing for Bruno'sMotion toQuash Service. Updated RLO chart to reflect hearing has been scheduled. Finalized Response in Opposition to Quash Process Service. Emai|sand meeting with HNregarding Response inOpposition hoQuash Process Service. 10/14/2022 HN Review ofindex for judge's binder and response to motion to quash. Email to G8. GB Meeting with MDC regarding case update. Email toMDC regarding update RECAPITULATION TIMEKEEPER HOURS HOURLY RATE HeatherNeedeman 2.10 $225�00 6a|Nabesh 2.10 225.08 Poge:1 11/O2%2O22 306-9905392 44391 0.80 1.20 &GO O3O 0.70 O�3O O�2O 4�20 045�00 TOTAL $472.50 472.50 Page 336Of568 MMIN CITY [)FBOYNTONBEACH 1102/2022 ACCOUNT NO: 300-9905392 STATEMENT NO.- 44391 adv. Alves Fernandes, Bruno Henrique (MVA) Photocopies 10/18C2022 Service Process Compass Investigations '165�00 TOTAL CREDITS FOR ADVANCES -165.00 TOTAL CURRENT WORK 780.00 BALANCE DUE $78000 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 337 of 568 GOREN.CHER()F.DOODY&EZROL.P/\ Attorneys at Law 3OS9East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45UO CITY (}FBOYNTDNBEACH 1UOE,Ocean Avenue Boynton Beach FL 33435 Attn-. Lynn Swanson mdv. Quigley, Theresa (Trip and Fall) BillingCategory: 18'RLO Claim #20180501-01 ACCOUNT NO: STATEMENT NO: 10/04/2022 GB Began drafting deposition summary for Plaintiffs deposition. 2.00 10/12/2022 GB Received and reviewed documents produced bvPlaintiff's medical providers inresponse tosubpoenas duces bacum. 2.20 10/13/2022 GB Emai|mwith opposing counsel regarding images produced cfyWR|taken uf Plaintiff. Continued drafting deposition summary for Plaintiff, 2.10 10/17/2022 GB Continued drafting deposition summary for Plaintiff. 1.70 10/26/2022 MDC review emai|ore: mediation, provide response toscheduling matters 0,30 FOR CURRENT SERVICES RENDERED 8,30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Ciru||o O�30 $225,00 $67,50 Ga|Bet*eh 8.00 225.00 1.800�00 Color photocopies Photocopies 10/03/2022 DepoPrestige Reporting Service [epo TOTAL CURRENT WORK Poge:1 11/D2/2O22 306-9905403 44392 GDREN.CHEROF.DOODY&EZROL.P.& Attorneys at Law 3O99East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 338O8 Telephone (Q54)771-45DO CITY {}FBOYNTONBEACH 1OOE.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Estella, Jean (K8VA) Billing Category: 18-RLD Claim #19798151 ACCOUNT NO STATEMENT NO 10/13/2022 GB Checked docket b»ascertain if letters ofadministration have been filed oo wmcan proceed with case. 10/14/2022 G0 Meeting with MDC regarding case update. Email to MDC regarding update FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Ga|8ebeeh 030 $225�00 TOTAL CURRENT WORK /���)/ � r"m\� TOTAL page:1 11X}2/2O22 306-9905444 44399 Page 339 of 568 GORENCHEROF.DOODY&EZROL.P& Attorneys atLaw 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (A54)771-45OO CITY DFBOYNTONBEACH 1OOE.Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn-. Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18-RLD Claim #20818346 10/11/2022 GB Reviewed medical records from Brain and Spine. Telephone conference call and emei|swith Brain and Spine regarding supplementing documents. Continued drafting deposition summary for plaintiff's deposition. 2.30 10/12/2022 GB Received and reviewed supplemental production from Brain and Spine. 1.50 10/17/2022 GB Continued drafting deposition summary for Plaintiff. 1�80 FOR CURRENT SERVICES RENDERED 5.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Go|Bebash 5,60 $225.00 $1.280,00 Color photocopies TOTAL CURRENT WORK BALANCE DUE /�� �r/��@L Page:1 11/O2/2O22 306-9905402 44403 $1.2S&O0 Page 340 of 568 GOREN.CHEROF.DOODY&EZROL.P.& Attorneys at Law 309QEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54)771-45OO CITY {}FBDYNTONBEACH 1O0E.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv Norwood, Michael (Slip and Fall accident 3/4V2031) Billing Category: 18 ' RLO Claim #21859966 ACCOUNT NO: STATEMENT NO: 10803/2022 GB Telephone conference call and emaUowith Tristar regarding case status. 0.30 10K08/2022 GB Finalized subpoenas tumedical providers and sent them out for service. O�30 10/17/2022 GB Received and reviewed notice oftrial and updated RL0chart. Received and reviewed notice ufunavailability from opposing counsel. &30 10/26/2022 MDC review omai|sondocument production (medical records) 0.20 � FOR CURRENT SERVICES RENDERED 1,10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Ciru||o &20 $22500 $4500 Gal Beteeh 0.90 225.00 20Z50 Color photocopies Photocopies 1013/2022 Service Process Compass Investigations 1014/2022 Service Process Compass Investigations 10/14/2022 Service Process Compass Investigations Service Process TOTAL ADVANCES THRU1031/2022 TOTAL CURRENT WORK / v / ��^+/ �~ AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page:1 11/02/2K022 306-9905561 44407 450.00 697.50 Page 341 of 568 GOREN.CHER0F.DOOUY&EZR0L.P.A. Attorneys at Law 3OBgEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954)771-45OU CITY OFBDYNTONBEACH 100E.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Perez. Daniel (Subrogation) Billing Category: 18-RLO Claim #20802719 ACCOUNTN{} STATEMENT NO 1003/2022 GB Telephone conference call with Progressive to file aclaim. Emmils to City regarding claim number and steps moving forward. 10/04/2022 GB Email to Tristar regarding cm|| from adjuster. 10/06/2022 G0 Emai|evvith Tristar regarding om|| from Progressive adjuster. Emai|swith City regarding claim status. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Ge|Betesh OAO $225�00 TOTAL CURRENT WORK 101 TOTAL page:1 11K2/2U22 306'9905593 44410 Page 342 of 568 GDREN.CHERDF.D0OUY&EZROL.P.A. Attorneys at Law 3000East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954)771-450O CITY {}FBOYNTDNBEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson FDOT GCME Water Main Damage Billing Category: 18 - RLO Claim #21870606 ACCOUNTN{} STATEMENT NO HOURS 10/13/2022 GB Email baCity regarding bid document status. 0.10 10/14/2022 GN Meeting with MDC regarding claim status. Email tuMDC regarding update. 0.40 FOR CURRENT SERVICES RENDERED 050 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Ge|Betegh 0�50 $225.00 $112.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11K02/28022 306-9905594 44411 11ZSO 112.50 Page 343 of 568 GOREN.CHERDF.DOOOY&EZ0DL.P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (B54)771-45DO CITY (}FBOYNTONBEACH 1OOE.Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson BillingCategory-, 18-RLO Claim #21870337 10/07C2022 GB Received and reviewed renewed demand package with supporting documents from opposing counsel. Email hoCity and Tristar enclosing demand package. FOR CURRENT SERVICES RENDERED ACCOUNTNO STATEMENT NO RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Gal Bab*eh 1�60 $225�00 TOTAL CURRENT WORK ly AWAffil AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page:1 11X%2/2O22 306-9805596 44412 Page 344 of 568 G0REN.CHERDF.DODDY&EZROL.P.A. Attorneys mtLaw 3OS0East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (S54)771-45OO CITY OFBOYNTONBEACH 1OOEOcean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Eebaba of Stanley Davis U| Billing :18 -RU] Claim #22874044 1018/2022 MDC review emails and follow upon status of public records inquiries 10/25/2022 MDC Call with Bruce Johnson, City's defense counsel, re: status ofpotential lawsuit, confer with Julie Oldbury 10/26/2022 MDC review agenda item, call with Bruce Johnson (City defense counsel) and prepare email hoCity Commission; call with Julie Oldbury FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Michael O.CiruUo 1.90 $225.00 TOTAL CURRENT WORK � AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Pmoe:1 11/O2/2O22 3DG-9905607 44413 HOURS &3O O7O 0.90 1.90 427�5O TOTAL $427�5O 427.50 $427.50 Page 345 of 568 G0REN.CHEROF.DDOOY&EZRDL.P.A. Attorneys at Law 3098 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (A64)771-45OU CITY OFBOYNTONBEACH 1DOE.Ocean Avenue Boynton Beach FIL 33435 Attn: Lynn Swanson adv. Anna Mantler (Trip and Fall) Billing Category No. 18'RLO ACCOUNTNO STATEMENT NO 1012/2022 8B Received and reviewed new claim documents. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE Ga|Bebash 030 $225.00 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE TOTAL $67.50 Pmoe:1 11/O2/2O22 306-9905657 44428 MIM Page 346 of 568 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 November 09, 2022 Billed Through 10/31/2022 Invoice 73159 / JLH 00281 42094 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Ultimate Bakery and Pastry, Inc. vs. City of Boynton Beach (22879963) FOR PROFESSIONAL SERVICES RENDERED: 10/03/2022 JLH Review letter from counsel for Plaintiff regarding proposed motion to 0.30 amend September 16 order; review proposed amended order 10/03/2022 JLH Review hearing transcript dated September 14; memo to file regarding 1.00 City's objection to proposed amended order 10/06/2022 JLH Telephone conference with Kathleen Daly regarding City's opposition to 0.30 proposed amendment to dismissal order 10/06/2022 JLH Follow-up letter to counsel for Plaintiff objecting to proposed 0.30 amendment to dismissal order 10/06/2022 MLJ Review and analyze the transcript from the parties' September 14, 2022, 0.40 hearing before Judge Kastrenakes 10/07/2022 JLH Follow-up telephone conference with Mike Cirullo regarding potential 0.20 agenda item for authorization to proceed with lawful detainer lawsuits 10/07/2022 JLH Prepare letter to Mike Cirullo regarding issues for potential agenda item 0.80 10/10/2022 JLH Review letter from Michael Cirullo regarding updated status on 0.10 scheduling on public meeting and agenda item 10/12/2022 JLH Telephone conference with Malcolm Cunningham regarding substitution 0.40 in place of Kathleen Daly, settlement issues, and potential amended complaint 10/12/2022 JLH Telephone conference with City attorney regarding updated case status 0.30 and appearance of substitute of counsel 10/14/2022 JLH Telephone conference with counsel for Plaintiff regarding settlement 0.80 efforts, prior negotiations, and request for return of premises 10/14/2022 JLH Review letter from City representatives regarding new public records 0.30 requests issued by Plaintiff Page 347 of 568 Invoice Number 73159 Page 2 10/14/2022 JLH Review stipulation for substitution of counsel of Malcolm Cunninham in 0.30 place of Kathleen Daly; memo to file regarding updated contact information 10/14/2022 JLH Review follow-up letter from Lynn Swanson regarding receipt of 0.30 additional records request on October 13 10/16/2022 JLH Letter to counsel for Plaintiff regarding status of litigation 0.10 10/16/2022 JLH Multiple telephone conferences with counsel for Plaintiffs; review 1.30 October 17 revised settlement proposal from Plaintiff s counsel; letter to City representatives 10/18/2022 JLH Preparation for and attendance at conference call with City 1.00 representatives regarding recent settlement proposal issued by Plaintiff, memo to file regarding follow-up with City manager, counter-offer issues, and potential executive session 10/18/2022 JLH Review follow-up letter from Julie Oldbury regarding October 14 0.30 records requests associated with Mission BBQ event on October 8 10/18/2022 JLH Review follow-up letter from Julie Oldbury regarding prior records 0.20 requests associated with termination of prior City Manager and City's updated response 10/18/2022 JLH Review letter regarding conference call with Dan Duggar on October 20; 0.10 prepare responding letter 10/18/2022 JLH Review letter from City representatives addressing circumstances 0.30 associated with Mission BBQ event and status of corresponding public records response 10/19/2022 JLH Preparation for settlement telephone conference with City manager 0.50 10/20/2022 JLH Telephone conference with City representatives regarding potential 0.50 settlement terms, status of litigation, and potential claims for unlawful detainer 10/20/2022 JLH Review multiple emails relating to fundraising event and concerns about 0.70 Ultimate Bakery expressed by City representatives 10/20/2022 JLH Prepare revised settlement agreement; prepare additional settlement 1.50 agreement sections addressing termination date, dismissal of related lawsuit, and specialized public records provisions 10/20/2022 JLH Prepare stipulation for dismissal 0.30 10/20/2022 JLH Letter to City representatives regarding review of settlement agreement 0.30 and status of negotiations with Plaintiff 10/20/2022 JLH Review letter from Malcolm Cunningham; follow-up telephone 0.70 conferences with Malcolm Cunningham regarding status of settlement options 10/21/2022 JLH Letter to City representatives regarding status of review of revised 0.20 settlement agreement; review responding letter from Mara Fredericksen 10/21/2022 JLH Telephone conference with Mike Cirullo regarding litigation strategy and 0.30 negotiations with counsel for Plaintiff 10/24/2022 JLH Review letter from Malcolm Cunningham regarding alleged interference 0.30 by City; prepare memo to file Page 348 of 568 Invoice Number 73159 Page 3 10/24/2022 JLH Telephone conference with City representatives regarding status of 0.30 settlement agreement and authorization to transmit revised settlement agreement 10/24/2022 JLH Review letter from Julie Oldbury regarding revisions to settlement 0.30 agreement 10/24/2022 JLH Prepare October 24 version of settlement agreement; letter to counsel for 0.30 Plaintiff 10/25/2022 MLJ Database research regarding summons to be issued to Torocsik and 0.70 Ultimate Bakery 10/25/2022 JLH Finalize proposed unlawful detainer complaints; letter to City 1.50 representatives regarding authorization to proceed with unlawful detainer lawsuits 10/25/2022 JLH Prepare five-day summons directed to individual for unlawful detainer 0.70 10/25/2022 JLH Prepare five-day summons directed to corporation for unlawful detainer 0.50 10/25/2022 JLH Extended telephone conference with counsel for Plaintiff regarding 0.80 settlement issues, proposed revisions to settlement agreement, potential escalation of litigation and concern over a public records provision; prepare memo to file 10/25/2022 JLH Telephone conference with Julie Oldbury regarding update on settlement 0.10 negotiations 10/25/2022 JLH Telephone conference with counsel for Plaintiff regarding settlement 0.50 issues, alleged interference, and status of occupancy; prepare memo to file 10/25/2022 JLH Telephone conference with Julie Oldbury regarding litigation strategy, 0.30 status of settlement negotiations, and delay in filing lawsuits for possession of golf course and oceanfront properties 10/25/2022 JLH Letter to Julie Oldbury regarding recent settlement progress with 0.10 Plaintiff s counsel 10/25/2022 JLH Letter to Malcolm Cunningham regarding ongoing effort to achieve 0.20 settlement 10/26/2022 JLH Review letter from Quentin Morgan regarding revisions to proposed 0.30 unlawful detainer complaints; prepare responding letter 10/27/2022 JLH Review letter from counsel for Plaintiff regarding additional settlement 1.50 terms; prepare October 27 version of settlement agreement with additional proposed terms; prepare specialized stipulation for dismissal with court retaining jurisdiction; prepare specialized final order 10/27/2022 JLH Letter to City representatives regarding October 27 settlement package 0.30 10/27/2022 JLH Attendance at conference call with City representatives regarding 0.50 settlement considerations and approval of October 27 settlement package 10/27/2022 JLH Letter to counsel for Plaintiff and transmittal of October 27 settlement 0.20 package 10/28/2022 JLH Letter to counsel for Plaintiff regarding settlement status; review 0.30 responding letter; follow-up letter to City representatives regarding tentative settlement Page 349 of 568 Invoice Number 73159 Page 4 10/28/2022 JLH Telephone conference with Quentin Morgan regarding updated 0.20 settlement status and effort to secure signed settlement agreement +$56.70 directly from Plaintiff, letter to counsel for Plaintiff $5,524.20 10/31/2022 JLH Review file regarding absence of completed documents from counsel to 0.30 Plaintiff, prepare follow-up letter requesting transmittal of settlement $5,524.20 agreement Total Professional Services: $5,467.50 Hochman, J L 23.20 225.00 $5,220.00 Johnson, Melissa L. 1.10 225.00 $247.50 DISBURSEMENTS 1013112022 Printing and Imaging Services Summary: 56.70 Total Expenses Advanced: $56.70 Total professional services $5,467.50 Total expenses incurred +$56.70 Total Amount Billed $5,524.20 Less Pre -Paid Applied $0.00 Please Pay this Amount $5,524.20 Page 350 of 568 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 November 09, 2022 Billed Through 10/31/2022 Invoice 73160 / JLH 00281 42303 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Peter Torocsik vs. City of Boynton Beach FOR PROFESSIONAL SERVICES RENDERED: 10/06/2022 JLH Review follow-up letter from Peter Torocsik directed to City Manager 0.20 Dan Dugger 10/06/2022 JLH Review order setting October 13 hearing on Plaintiff s public records act 0.30 claim 10/06/2022 JLH Preparation for and attendance at conference with City representatives 2.00 for presentationof testimony during October 13 hearing 10/06/2022 JLH Review notices setting depositions of Kacey Young, Kristeena Pinto, 1.10 Sam Reep, and Tommy Ylijoki; analysis of proposed objections to notices and inquiry regarding issuance of witness subpoenas; letter to City Representatives regarding proposed deposition scheduling, document production, and discovery objections 10/07/2022 JLH Analysis of Ciy's defenses for evidentiary hearing on October 13, 2.20 preparation of additional affirmative defenses, and preparation of objections to discovery requests 10/09/2022 JLH Legal research regarding attribution of documents held by Bids and 1.10 Tenders contractor to City; memo to file regarding investigation of documents held by City's vendor 10/10/2022 JLH Initial telephone conference with City representatives regarding 0.70 documents associated with City vendor; prepare memo to file regarding issues for evidentiary hearing, witness preparation, and answer to complaint 10/10/2022 JLH Revise and edit answer to complaint; prepare additional defenses 2.50 associated with exhibits to complaint, improper purpose of litigation, sovereign immunity, and City's claim for attorney's fees 10/10/2022 JLH Letter to City representatives regarding review of proposed answer to 0.20 complaint Page 351 of 568 Invoice Number 73160 Page 2 10/10/2022 JLH Review letter from Julie Oldberry; review City's working draft of 0.80 answers to interrogatories 10/10/2022 JLH Review letter from Julie Oldberry regarding October 8 records requests 0.50 from Peter Torocsik; review City's October 10 response and link to public meeting 10/10/2022 JLH Legal research regarding objections to permissible discovery and 1.80 interrogatories; prepare initial draft of City's objections to interrogatories 5, 7, 8, 9 and 10 10/10/2022 JLH Review City's preliminary responses to interrogatories 1, 2, 3, 4 and 6 0.80 10/11/2022 JLH Review letter from Kristeena Pinto regarding additional information 0.30 associated with Bids and Tenders platform 10/11/2022 JLH Telephone conferences with Kristeena Pinto and City attorney's office 0.70 regarding potential production of documents to Plaintiff and potential waiver of objections under 119 10/11/2022 JLH Initial telephone conference with Michael Cirullo regarding strategy 0.50 associated with answer and hearing on October 13; prepare memo to file 10/11/2022 JLH Follow-up telephone conference with City attorney regarding City's 0.50 practices associated with notices to public required under section 119.12 and defense against potential fee claim 10/11/2022 JLH Review additional documents from purchasing manager regarding 0.80 disputed scoring sheets; analysis of documents for defenses to be asserted by City in response to complaint 10/12/2022 JLH Legal research regarding additional issues for defenses, including status 1.50 of documents at issue as non public items 10/12/2022 JLH Revise and edit additional defenses 0.70 10/12/2022 JLH Letter to City representatives regarding review of proposed answer 0.20 10/12/2022 JLH Telephone conferences with City attorneys regarding revisions to 0.60 answer, litigation strategy, and issues for October 13 hearing 10/12/2022 JLH Finalize answer and defenses in response to complaint 0.80 10/12/2022 JLH Letter to Peter Torocsik regarding pre -hearing conferral 0.20 10/12/2022 JLH Preparation for and attendance at conference call with City witnesses for 1.10 October 13 hearing; prepare memo to file regarding direct testimony of City clerk and direct testimony of City administrative coordinator 10/12/2022 JLH Initial telephone conference with Malcolm Cunningham as new counsel 0.70 for Peter Torocsik; extended discussion regarding issues for October 13 hearing; prepare memo to file 10/12/2022 JLH Review follow-up letter from counsel for Plaintiff, prepare responding 0.20 letter 10/12/2022 JLH Telephone conference with Michael Cirullo regarding updated case 0.30 status after appearance of Malcolm Cunningham and litigation strategy 10/12/2022 JLH Preparation for hearing; review extensive list of public records requests 1.10 and responses transmitted by City representatives; prepare memo to file Page 352 of 568 Invoice Number 73160 Page 3 10/12/2022 JLH Prepare demonstrative exhibits for review by court regarding voluminous 0.40 records requests issued by Plaintiff 10/13/2022 JLH Review letter from City clerk regarding updated history on Plaintiff s 0.30 prior public records requests; follow-up telephone conference 10/13/2022 JLH Preparation for and attendance at hearing for Judge Harper; memo to file 1.80 regarding follow-up with counsel for Plaintiff to narrow disputed issues 10/13/2022 JLH Telephone conferences with City representatives regarding favorable 0.30 results at hearing 10/13/2022 JLH Telephone conference with Malcolm Cunningham in compliance with 0.30 Hillier case 10/14/2022 JLH Letter to counsel for Plaintiff regarding potential rescheduling of 0.30 depositions 10/14/2022 JLH Review notice of appearance by Malcolm Cunningham; prepare memo to 0.30 file regarding updated contact information 10/16/2022 JLH Letter to counsel for Plaintiff regarding status of disputed document list 0.10 10/16/2022 JLH Telephone conference with counsel for Plaintiff regarding delay in 0.30 issuance of document list and anticipated transmittal of settlement agreement 10/17/2022 JLH Analysis of litigation strategy, risk to City to litigate disputed issues, and 0.70 option to concede judgment; prepare initial draft of proposed consent judgment 10/17/2022 JLH Letter to City representatives regarding proposed consent judgment and 0.30 litigation strategy 10/17/2022 JLH Review responding letter from City regarding conference call on October 0.10 18 10/18/2022 JLH Preparation for and attendance at conference call with City 0.40 representatives regarding litigation strategy, transmittal of Bids & Tenders documents and potential consent judgment; memo to file regarding follow-up with City manager 10/19/2022 JLH Prepare for settlement telephone conference with City manager 0.30 10/20/2022 JLH Telephone conference with City representatives regarding litigation 0.30 strategy and potential settlement options 10/20/2022 JLH Legal research regarding potential provision of settlement agreement 1.10 limiting or waving public records rights 10/20/2022 JLH Prepare proposed stipulation for dismissal 0.30 10/24/2022 JLH Prepare revisions to settlement agreement; letter to counsel for Plaintiff 0.20 10/27/2022 JLH Prepare revised settlement documents to correspond with updated 0.50 settlement materials in Ultimate Bakery matter 10/27/2022 JLH Attendance at conference call with City representatives regarding 0.10 approval of revised October 27 settlement package Total Professional Services: $7,380.00 Hochman, J L 32.80 225.00 $7,380.00 Page 353 of 568 DISBURSEMENTS Invoice Number 73160 1013112022 Printing and Imaging Services Summary: Total Expenses Advanced: Total professional services $7,380.00 Total expenses incurred +$79.45 Total Amount Billed $7,459.45 Less Pre -Paid Applied $0.00 Please Pay this Amount $7,459.45 Page 4 79.45 $79.45 Page 354 of 568 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 November 07, 2022 Billed Through 10/31/2022 Invoice 73112 / MTB 00281 42164 VIA: Oldbury)@bbfl.us Julie Oldbury, Director Human Resources and Risk Management City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Joseph Smith vs. Boynton Beach, Shaun James, Mark Sohn, Andrew Berben and Cory Henry (Tristar Claim No. 22885543 and PGCS Claim No. 394052) FOR PROFESSIONAL SERVICES RENDERED: 10/03/2022 MTB Receipt and review of Defendant Corey Henry's initial disclosures 0.40 10/03/2022 SDA Compare Corey Henry's Initial Disclosures to all defendants and assess 0.30 need to request additional materials from City 10/04/2022 SDA Review correspondence from Oscar Marrero regarding coordinating 0.20 public requests and sharing of responsive documentation 10/04/2022 SDA Prepare correspondence to Oscar Marrero with listing of facilities from 0.20 which public records have been requested 10/06/2022 MTB Receipt and review of email correspondence from Guertty Lopez 0.20 regarding public records request and subpoena 10/06/2022 MTB Preparation of email correspondence to Karen Klein 0.10 10/06/2022 MTB Receipt and review of email correspondence from Karen Klein regarding 0.10 mediation invoice 10/07/2022 MTB Receipt and review of email correspondence from Lisa Smith 0.10 10/07/2022 MTB Receipt and review of email correspondence from Nicole Lamay and 0.10 Don Stevens 10/07/2022 SDA Review correspondence from Attorney Benjamin Bedard confirming 0.20 deposition of Plaintiff and providing remote connection information 10/07/2022 SDA Prepare correspondence to Attorney Benjamin Bedard confirming 0.20 attendance 10/07/2022 SDA Review dropbox link containing all responses to public records on 1.20 Joseph Smith 10/09/2022 SDA Extensive preparation for 10/10 deposition of Plaintiff, Joseph Smith 4.10 Page 355 of 568 Invoice Number 73112 Page 2 10/10/2022 MTB Receipt and review of email correspondence from Stephanie Kaufer 0.10 10/10/2022 SDA Attend deposition of Plaintiff Joseph Smith 6.50 10/11/2022 SDA Review and study DMV records on Smith received from co-defendant; 0.70 notes to file and compare to deposition testimony of Smith 10/17/2022 MTB Preparation of email correspondence to Alisha Auth regarding case status 0.10 10/17/2022 MTB Preparation of email correspondence to Officer Paul regarding case 0.20 status and upcoming trial 10/17/2022 MTB Receipt and review of email correspondence from Ann Breeden together 0.40 with attached proposed Joint Discovery Status Report 10/17/2022 MTB Preparation of email correspondence to Ann Breeden 0.10 10/17/2022 MTB Receipt and review of email correspondence from Ann Breeden 0.10 10/17/2022 MTB Receipt and review of email correspondence from Plaintiff Attorney 0.10 Nicole Sauvola -Lamay 10/17/2022 SDA Review Joint Discovery Report 0.30 10/17/2022 SDA Prepare correspondence to counsel with approval 0.20 10/19/2022 SDA Review correpsondence from counsel regarding extending expert 0.20 disclosure deadline 10/19/2022 SDA Prepare correspondence to all counsel advising of no objection to 0.20 extension 10/19/2022 SDA Review correspondence from Attorney Lourdes Wydler regarding 0.10 non -objection to expert extension 10/19/2022 DUJ Review of correspondence from Marie Muniz regarding the deposition of 0.20 Barry Smith 10/19/2022 DUJ Prepare correspondence to Marie Muniz regarding the deposition of 0.20 Barry Smith 10/25/2022 SDA Review 10 reports from Palm Beach County Sheriffs Office regarding J. 1.00 Avrus/Smith Total Professional Services: $4,030.50 Johnson, Duchant 0.40 120.00 $48.00 Burke, Michael T. 2.10 225.00 $472.50 Alexander, Scott D 15.60 225.00 $3,510.00 DISBURSEMENTS 1012012022 Matrix Mediation, LLC; Invoice # 160950; Mediation Fee Def. Sergaent Berben's Portin 1013112022 Printing and Imaging Services 39.55 1013112022 Postage Summary 0.57 Page 356 of 568 Summary: Invoice Number 73112 Total Expenses Advanced: Total professional services $4,030.50 Total expenses incurred +$640.12 Total Amount Billed $4,670.62 Less Pre -Paid Applied $0.00 Please Pay this Amount $4,670.62 Page 3 $640.12 Page 357 of 568 OLDS & STEPHENS, P.A. 312 Eleventh Street P. O. Box 4523 West Palm Beach, FL 33401 Invoice submitted to: Julie Oldbury, IPMA-SCP, CLRP Director of Human Resources and Risk Management Human Resources and Risk Management 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 November 07, 2022 In Reference To: Client/Insured Claimant: Claim No.: Date/Loss: Invoice # 10190 Boynton Beach Smith TAXPAYER I.D. NO.: 65-0385869 Professional Services Page 358 of 568 Hrs/Rate Amount 10/3/2022 DS Reviewed and finalized Initial Disclosures 0.20 50.00 250.00/hr DS Receipt and review of email from G. Lopez re: 0.10 25.00 client's Initial Disclosures 250.00/hr DS Preparation of email to G. Lopez re: Initial 0.10 25.00 Disclosures 250.00/hr 10/4/2022 DS Researched and reviewed case law re: raising 3.40 850.00 fraud as an affirmative defense 250.00/hr 10/5/2022 DS Reviewed and analyzed dash cam and body videos 2.40 600.00 250.00/hr 10/6/2022 DS Review and analysis of Plaintiffs criminal history 1.00 250.00 250.00/hr Page 358 of 568 Julie Oldbury, IPMA-SCP, CLRP 10/6/2022 DS Review and preparation for attending Plaintiffs deposition 10/9/2022 DS Finalized questions for attending Plaintiffs deposition on October 10, 2022 10/10/2022 DS Attendance at Plaintiffs video deposition 10/17/2022 DS Receipt, review, and responded to emails re: Joint Discovery Report DS Reviewed and approved Joint Status Report 10/27/2022 DS Analyzed notes from Plaintiffs deposition and worked on case theme and strategy for mediation and/or trial For professional services rendered Previous balance 10/30/2022 Payment - thank you. Check No. #10181 Total payments and adjustments Balance due User Summary Name DON STEPHENS H rs/Rate 3.10 250.00/hr 1.60 250.00/hr 7.30 250.00/hr 0.30 250.00/hr 0.10 250.00/hr 1.80 250.00/hr 21.40 Page 2 Amount 775.00 400.00 1,825.00 75.00 25.00 450.00 $5,350.00 $7,025.00 ($7,025.00) ($7,025.00) $5,350.00 Hours Rate Amount 21.40 250.00 $5,350.00 Page 359 of 568 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 November 04, 2022 Billed Through 10/31/2022 Invoice 73073 / EBJ 00281 42070 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Shannon Thompson and Stanley Davis, Jr., for Estate of Stanley Davis III vs. City of Boynton Beach (Tristar claim no.: 22874044) FOR PROFESSIONAL SERVICES RENDERED: 10/17/2022 EBJ Review correspondence from claimants' attorney concerning intent to file 0.30 lawsuit against the City together with a request for production of records not produced 10/17/2022 EBJ Analyze file concerning records being referred to by claimant's attorney, 0.80 allegedly from a public records request and prepare correspondence to claimant's attorney requesting clarification as to what records are actually being requested that have not been produced 10/17/2022 EBJ Prepare correspondence to Julie Oldbury concerning intent of Davis 0.30 Estate to file lawsuit as well as request for public records and clarification of same to claimant's attorney 10/17/2022 EBJ Review correspondence from Julie Oldbury concerning Davis Estate's 0.20 claimed lack of receipt of public records 10/18/2022 EBJ Multiple correspondences with attorney for Davis Estate concerning 1.00 public records request, correspondence with Julie Oldbury concerning City's responses including agreement to produce now closed IA file 10/19/2022 EBJ Review multiple attachments, evidence and statements produced as 2.50 public record to claimant's attorney, analyze same, including correspondence from Julie Oldbury 10/20/2022 EBJ Prepare correspondence to Plaintiff s attorney concerning production of 0.60 the now closed IA file, as well as response to alleged open public records requests, and review agreement from Plaintiff s attorney concerning same 10/25/2022 EBJ Review correspondence from FMIT requesting status report, analyze file 0.80 and prepare status report to FMIT and City of Boynton Beach Page 360 of 568 Invoice Number 73073 Page 2 10/25/2022 EBJ Telephone conference with City Attorney, Mike Cirullo, Esq., Esq., 0.40 +$29.05 regarding request by City Commission concerning mother of Davis' $2,301.55 Less Pre -Paid Applied request for proclamation; discuss issues presented concerning liability Please Pay this Amount $2,301.55 and damage issues and recommendation not to issue proclamation due to threat of lawsuit 10/25/2022 EBJ Telephone conference with Mike Cirullo and memo to file 0.50 10/26/2022 EBJ Telephone conference with Mike Cirullo, Esq., regarding upcoming item 0.50 before City Commission; discuss pros and cons and future actions to be taken, memo to file 10/26/2022 EBJ Review draft email prepared by City Attorney to Commission, analyze 0.40 and approve language to be provided to Commission; submit same to City 10/26/2022 EBJ Review second correspondence from Mike Cirullo, Esq., regarding final 0.20 draft of correspondence to City Commission 10/26/2022 EBJ Review correspondence from Lynn Swanson regarding contact 1.30 information for all City Commissioners and prepare for meeting with each Commissioner and outline for anticipated discussions 10/28/2022 EBJ Telephone conference with City Attorney concerning commission 0.30 agenda and Davis case Total Professional Services: $2,272.50 Johnson, E. Bruce 10.10 225.00 $2,272.50 DISBURSEMENTS 1013112022 Printing and Imaging Services Summary: 29.05 Total Expenses Advanced: $29.05 Total professional services $2,272.50 Total expenses incurred +$29.05 Total Amount Billed $2,301.55 Less Pre -Paid Applied $0.00 Please Pay this Amount $2,301.55 Page 361 of 568 LEWIS "L LW WALKER LO IN G IIVI.AN City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 November 7, 2022 Invoice No. TWD -149578 Re: 003 Town Square Development Agreement Date Services Hours Amount 10/01/22 KBR Review and analyze master plan and various 1.10 302.50 provided agreements; email communication with M. Lynn concerning same; various email communications with T. Duhy concerning same. 10/02/22 TWD Receive and review correspondence from K. 0.20 71.00 Rossmell regarding status. 10/03/22 TWD Work session with K. Rossmell regarding review of 0.30 106.50 Developer draft documents and preparation of comments regarding same. 10/03/22 KBR Review and analyze various agreements; draft initial 4.60 1,265.00 notes and comments regarding documents and additional information required; further analysis of project history; work session with T. Duhy concerning status of application and plan to move project forward. 10/05/22 TWD Work session with K. Rossmell regarding review of 0.50 177.50 documents, comments regarding same and strategy regarding same. 10/05/22 KBR Review and analyze continuing parking license; draft 3.20 880.00 initial comments to development agreements for use by working group; work session with T. Duhy concerning same; telephone conference with M. Cirullo concerning same; telephone conference with T. Penserga concerning status of agreements and impact on other matters. Page 362 of 568 Client Ref: 3772-003 November 7, 2022 Invoice No. TWD -149578 Page 2 Date Services Hours Amount 10/06/22 KBR Telephone conference with A. Radigan regarding 1.10 302.50 substantive and practical aspects of application, pre -application meeting, and meeting to discuss same; follow up task management; telephone conference with M. Lynn regarding proposed plan for moving project forward. 10/07/22 KBR Email communication with M. Cirullo and D. Doody 3.80 1,045.00 concerning conversation with M. Lynn and plan moving forward; coordinate with A. Radigan concerning same; additional drafting on questions and issues for resolution before completion with focus on code compliance, timing, and binding obligations; property appraiser research for ownership and land valuation issues; email communication with M. Lynn concerning upcoming meetings; refine project task list; draft extensive list of comments for development agreement, temporary parking agreement, continuing parking license, and land swap agreement for use by group and in discussions; research regarding development agreement requirements. 10/10/22 TWD Telephone conference with K. Rossmell regarding 0.50 177.50 comments regarding draft documents and strategy regarding same; follow up. 10/10/22 KBR Email communication with M. Cirullo and A. Radigan 5.40 1,485.00 regarding meeting to discuss Time Equity application; various email communications with M. Lynn concerning same; research concerning contract zoning restrictions, license as form of parking permission; additional case law research concerning contract zoning and development agreements; update comments to development agreement set to reflect research findings; additional work on initial comments to various agreements related to development agreement and application; telephone conference with T. Duhy concerning project status and next steps; various attention to coordinating meeting spaces and calendar invitations. Page 363 of 568 Client Ref: 3772-003 November 7, 2022 Invoice No. TWD -149578 Page 3 Date Services Hours Amount 10/11/22 KBR Finalize initial comments on Development 3.70 1,017.50 Agreement, Continuing Parking Agreement, Temporary Parking Easement, and Land Swap Agreement; telephone conference with and email communication with D. Doody and M. Cirullo regarding same; attention to coordinating various meetings with M. Lynn concerning same; various office conferences with J. Markey; research concerning code restrictions and permissions, and prior agreements concerning same property. 10/12/22 TWD Work session with K. Rossmell regarding status of 0.30 106.50 review of comments on draft documents and strategy regarding communication of same to counsel. 10/12/22 KBR Telephone conference with T. Duhy concerning 1.90 522.50 status of agreements and plan moving forward; draft email memorandum to M. Lynn regarding agenda for upcoming meeting; telephone conference with M. Lynn regarding preliminary legal comments; various email communications with M. Lynn regarding same. 10/13/22 KBR Meeting with M. Lynn and client; follow up to same; 5.60 1,540.00 office conferences with S. DePerlta regarding development agreements; amend parking license agreement; additional research regarding contract zoning restrictions and acceptable provisions. 10/14/22 JMW Work session with K. Rossmell regarding developer 1.10 269.50 agreement statutory requirements chart; revise chart to reflect all statutory requirements found in Florida Statutes 163.220 - 163.3243. 10/14/22 KBR Telephone conference with M. Cirullo and email 7.70 2,117.50 communication with M. Cirullo; revise draft development agreement; strategize timeline for project completion and related projects; telephone conference with A. Temple; various email communications with A. Radigan and A. Temple; creation of tools for upcoming team meeting including list of planning tasks, list of legal issues, and timelines; direction to J. Woods to create statutory requirement checklist; receive and review same. Page 364 of 568 Client Ref: 3772-003 Invoice No. TWD -149578 November 7, 2022 Page 4 Date Services Hours 10/15/22 KBR Land development regulation research for same 5.90 including types of applications, density and intensity methodology, height restrictions, application process, zoning standards, and other information, analyze impact to related agreements with focus on land swap agreement timing and conditions; substantially revise draft Development Agreement in response to comments from City staff, City attorney, and M. Lynn, as to code research; update timeline based on new information from A. Radigan and schedule of related matters; update task list in response to same; create list of conditions for various documents; create list of outstanding questions for City staff and attorneys. 10/16/22 KBR Creation of project list for use by team in coordinating 0.30 agreements. 10/17/22 KBR Email communication with A. Radigan and A. Temple 3.40 regarding call to discuss applications; prepare for meeting with Time Equity, including additional review of code and application documents; zoom conference with A. Radigan and A. Temple; creation of list of issues and additional work on timeline; discussion with T. Penserga concerning status of meeting; direction to J. Woods concerning statutory requirements for Development Agreements; review same. 10/18/22 KBR Prepare for meeting with Time Equity including 6.20 finalizing proposed revisions to Development Agreement and related agreements; preparation of agenda, goals, tasks, and updated proposed timeline; various coordinations with team members concerning same including email correspondence with A. Radigan regarding utility and parking issues; email communication with M. Lynn concerning upcoming meeting; attention to preserving various documents and correspondences as public records. Amount 1,622.50 82.50 935.00 1,705.00 10/19/22 KBR Prepare meeting materials; extended meeting with 7.90 2,172.50 Time Equity and City Staff concerning outstanding issues with Development Agreement; follow up meeting with M. Cirullo and S. Swartz regarding meeting outcome and next steps; follow up recording of notes and tasks. Page 365 of 568 Client Ref: 3772-003 Invoice No. TWD -149578 November 7, 2022 Page 5 Date Services Hours Amount 10/20/22 KBR Various meeting follow up including email 0.70 192.50 communication with A. Temple, coordinate with office concerning upcoming meetings with City Council members; and additional analysis and note taking for moving project forward; attention to preserving public records. 10/21/22 KBR Work on updated timeline and task list for each party 1.70 467.50 for coordinated project completion and action items from meeting with Time Equity; telephone conference with M. Cirullo regarding same; email communication with M. Lynn regarding legal descriptions; email communication with M. Cirullo regarding same. 10/23/22 KBR Draft, review, and revise Development Agreement 1.80 495.00 based on other information received. 10/24/22 KBR Receive and review email correspondence from A. 0.90 247.50 Radigan concerning planning and development meeting date; telephone conference with M. Lynn regarding status of delivery of schedule; email communication with City attorneys concerning updates; receive and review various email correspondences concerning appraisals of land swap properties; update timeline based on new planning and development meeting date. 10/25/22 KBR Substantially revise tasks and timeline list for use by 2.80 770.00 working group taking into account holidays, notice periods, and sequencing of document approvals; email communication with City staff and attorneys concerning same. 10/26/22 KBR Review and revise Land Swap Agreement, telephone 1.40 385.00 conference with M. Cirullo regarding same and Time Equity documents; follow up property appraiser research at direction of A. Mack; office conference with Mark Lynn; various coordinations regarding meetings with commission members; various email communications with M. Cirullo regarding tasks and timeline. Page 366 of 568 Client Ref: 3772-003 November 7, 2022 Invoice No. TWD -149578 Page 6 Date Services Hours Amount 10/27/22 KBR Review and revise Land Swap Agreement; additional 2.30 632.50 coordination with office concerning same; various coordinations with office concerning meetings with City commissioners; telephone conference with M. Lynn regarding development agreements; prepare for meetings with commissioners. 10/28/22 KWD Review and revise proposed Land Swap Agreement; 0.70 248.50 conference call with K. Rossmell regarding same. 10/28/22 KBR Prepare for meetings with City Commissioners 6.60 1,815.00 including various coordinations with M. Cirullo; attend four meetings with M. Cirullo regarding same; coordinate with K. Dodge to provide final review of Land Swap Agreement. 10/31/22 KWD Follow up on Land Swap Agreement. 0.40 142.00 10/31/22 KBR Finalize comments to Development Agreement. 0.60 165.00 Summary of Services Rate Hours Amount KWD Dodge, Kenneth W. 355.00 1.10 390.50 TWD Duhy, Tara W. 355.00 1.80 639.00 KBR Rossmell, Kathryn B. 275.00 80.60 22,165.00 JMW Woods, James M. 245.00 1.10 269.50 Total for Services 84.60 $23,464.00 Total for Services and Expenses $23,464.00 Previous Balance 2,715.00 Payments Since Last Invoice -0.00 Amount Due $26,179.00 Open Invoices for this Matter Date Invoice No. Amount Billed Amount Paid Amount Due 10/13/22 149211 2,715.00 0.00 2,715.00 Outstanding Amount Due: 2,715.00 Current and Outstanding Amount Due: $26,179.00 Page 367 of 568 Invoice No. TWD -149578 Invoice Date: November 7, 2022 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 003 Matter Name: Town Square Development Agreement Total for Services and Expenses $23,464.00 Previous Balance 2,715.00 Payments Since Last Invoice -0.00 Amount Due $26,179.00 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and a -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. Page 368 of 568 LEWIS "L LW WALKER LOIN G M ANI City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 004 Litgation - JKM Town Square 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 November 7, 2022 Invoice No. TWD -149579 Date Services Hours Amount 10/04/22 KBR Review and analyze pleadings and other documents 0.90 247.50 in preparation for upcoming call with T. Baird and City legal team to discuss case status. 10/06/22 KBR Telephone conference with M. Cirullo, D. Doody, and 2.40 660.00 T. Baird regarding status of litigation matter; receive and review email correspondence from T. Baird concerning settlement agreement; review and analyze Settlement Agreement including analysis of terms that may impact related matters; work session with T. Duhy concerning outcome of telephone conference and draft Settlement Agreement. 10/13/22 KBR Receive and review email correspondence and draft 0.80 220.00 Settlement Agreements from K. Markow; analyze same; various telephone conferences and email communications with M. Cirullo concerning same. 10/14/22 KBR Receive telephone message from S. De Peralta; 0.20 55.00 coordinate with office concerning meeting to discuss case status. 10/17/22 KBR Review and analyze various versions of Settlement 2.40 660.00 Agreement received; various email communications with City legal team concerning same; review prior agreement conditions for use in analysis; draft comments for same. 10/19/22 KBR Various email communications with T. Baird and M. 0.30 82.50 Cirullo regarding settlement document for discussion; discussion with M. Cirullo concerning same. Page 369 of 568 Client Ref: 3772-004 November 7, 2022 Invoice No. TWD -149579 Page 2 Date Services Hours Amount 10/20/22 KBR Receive and review Settlement Agreement drafts; 0.30 82.50 prepare comments for same. 10/21/22 KBR Telephone conference with T. Baird and M. Cirullo 1.20 330.00 regarding settlement agreement draft; email communication with T. Baird and M. Cirullo regarding same; follow up to same. 10/27/22 KBR Email communication with S. De Peralta regarding 1.60 440.00 Settlement Agreement; review and revise Settlement Agreement. 10/28/22 KBR Finalize proposed revisions to Settlement Agreement; 1.10 302.50 email communication with M. Cirullo regarding same. 10/31/22 KBR Various email communications concerning meeting to 0.30 82.50 discuss settlement agreement. Summary of Services Rate Hours Amount KBR Rossmell, Kathryn B. 275.00 11.50 3,162.50 Total for Services 11.50 $3,162.50 Total for Services and Expenses $3,162.50 Previous Balance 2,055.50 Payments Since Last Invoice -0.00 Amount Due $5,218.00 Open Invoices for this Matter Date Invoice No. Amount Billed Amount Paid Amount Due 10/13/22 149212 2,055.50 0.00 2,055.50 Outstanding Amount Due: 2,055.50 Current and Outstanding Amount Due: $5,218.00 Page 370 of 568 Invoice No. TWD -149579 Invoice Date: November 7, 2022 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 004 Matter Name: Litgation - JKM Town Square Total for Services and Expenses Amount enclosed: Previous Balance Payments Since Last Invoice Amount Due Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 $3,162.50 2,055.50 -0.00 $5,218.00 For your convenience, we accept credit card and a -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. Page 371 of 568 LEWIS "L LW WALKER LOIN G M ANI City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 005 Litgation - E21- Town Square 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 November 7, 2022 Invoice No. TWD -149580 Date Services Hours Amount 10/01/22 TWD Follow up with K. Rossmell regarding status. 0.20 71.00 10/03/22 LKW Review Administrative Order 3.107 regarding the 0.90 193.50 adoption and implementation of civil differentiated case management plans; prepare Joint Case Management Report; forward to counsel for review and revision. 10/03/22 KBR Email communication with L. Wood concerning case 0.10 27.50 management plans and joint case management report. 10/04/22 KBR Receive and review various email communications 0.20 55.00 from A. Petrick and R. Gache regarding motion to dismiss hearing. 10/04/22 ATP Confer with counsel regarding setting of Case 0.40 138.00 Management Conference. 10/06/22 LKW Prepare for and attend team meeting regarding 1.40 301.00 status of case and action items; review Administrative Order 3.107 to calculate the deadline for filing an Agreed Case Management Plan and Joint Case Management Report; update database. 10/06/22 ATP Review and respond to emails regarding scheduling 0.30 103.50 hearing. 10/06/22 KBR Various coordination with office concerning meeting 0.20 55.00 to discuss case management order. Page 372 of 568 Client Ref: 3772-005 November 7, 2022 Invoice No. TWD -149580 Page 2 Date Services Hours Amount 10/07/22 LKW Review file; manage assignments and assignment 0.60 129.00 status related to litigation and case strategy; update task list. 10/07/22 KBR Email communication with M. Cirullo regarding 0.10 27.50 scheduling of hearings; follow up with M. Cirullo in telephone conference. 10/13/22 KBR Coordinate with A. Petrick regarding case status and 0.30 82.50 plans. 10/14/22 ATP Work session with K. Rossmell to discuss pending 0.30 103.50 status of case compared with timing of Case Management Conference. 10/14/22 KBR Receive and review notice of hearing for JKM motion 0.20 55.00 to dismiss. 10/18/22 ATP Prepare for and attend telephone call with JKM 0.70 241.50 Developers counsel and K. Rossmell to discuss settlement negotiation status and case timing. 10/18/22 KBR Call with S. De Pertla and A. Petrick regarding prior 0.80 220.00 settlement discussions, related litigation, and project history. 10/19/22 LKW Receive and review Order Specially Setting Hearing 0.60 129.00 on JKM Developers' Motion to Dismiss; receive and review Notice of Cancellation of the Case Management Conference scheduled for November 22, 2022; update database. 10/19/22 ATP Review and respond to emails regarding order 0.60 207.00 scheduling JKM Development's Motion to Dismiss for hearing. 10/19/22 KBR Receive and review email correspondence and court 0.40 110.00 order concerning JKM's Motion to Dismiss; various email communication with A. Petrick and office concerning same; receive and review email correspondence and court notice cancelling status conference; discussion with M. Cirullo regarding next steps; email communication with A. Petrick concerning scheduling of motion to dismiss hearing. Page 373 of 568 Client Ref: 3772-005 Invoice No. TWD -149580 November 7, 2022 Page 3 Date Services Hours Amount 10/20/22 ATP Coordinate conference with opposing counsel 0.90 310.50 regarding Motion to Dismiss, timing of hearings. 10/20/22 LKW Prepare for and attend team meeting regarding 0.40 86.00 status of dismissal motions, scheduling of same and administrative tasks. 10/20/22 KBR Work session with L. Wood regarding scheduling of 0.30 82.50 hearings; follow up coordination with office concerning scheduling and next steps. 10/21/22 KBR Telephone conference with A. Petrick concerning 1.60 440.00 status update; telephone conference with R. Gache regarding motions to dismiss and project history; follow up telephone conference with M. Cirullo; additional email communication with A. Petrick concerning City attorney direction; receive and review draft case management plan and order. 10/21/22 ATP Prepare for and attend telephone conference with K. 2.10 724.50 Rossmell; prepare for and attend telephone conference with opposing counsel; review and respond to emails regarding telephone conference with opposing counsel. 10/25/22 ATP Review proposed case management plan and 1.90 655.50 provide comments on same; telephone conference with opposing counsel, R. Gache, and K. Rossmell regarding Case Management Plan; review and comment on follow-up edits to Case Management Plan and Proposed Order. 10/25/22 KBR Telephone conference with A. Petrick, Counsel for 0.70 192.50 JKM, and Counsel for E2L regarding joint case management plan; receive and review revised version of same; receive and review confirmation of filing of same. 10/26/22 LKW Review Court procedures and the Court's online 0.30 64.50 schedule to coordinate a hearing on the City of Boynton Beach's Motion to Dismiss; update database. 10/26/22 KBR Telephone conference with M. Cirullo regarding E2L 0.30 82.50 matter and steps moving forward. Page 374 of 568 Client Ref: 3772-005 Invoice No. TWD -149580 Date Services 10/28/22 KBR Receive and review various email correspondences Amount concerning JKM's Motion for Sanctions against E2L. 10/28/22 ATP Review Motion for Sanctions filing against E21- by 0.20 JCM Developers. 10/31/22 LKW Receive and review JKM Developers, LLC's Notice of 345.00 Serving First Set of Interrogatories to E21- Real 2,553.00 Estate Solutions; electronically catalogue same; Rossmell, Kathryn B. update database with deadlines for response. 10/31/22 KBR Review JKM's Motion for Attorney's Fees. November 7, 2022 Page 4 Hours Amount 0.20 55.00 0.20 69.00 0.30 64.50 0.70 10/31/22 KBR Coordination with office concerning motion to dismiss 0.30 hearing dates and coordinate with opposing and co-defendant counsel. Summary of Services 192.50 82.50 Total for Services and Expenses $5,351.50 Previous Balance 9,854.50 Payments Since Last Invoice -0.00 Amount Due $15,206.00 Open Invoices for this Matter Date Invoice No. Amount Billed Amount Paid Amount Due 10/13/22 149213 9,854.50 0.00 9,854.50 Outstanding Amount Due: 9,854.50 Current and Outstanding Amount Due: $15,206.00 Page 375 of 568 Rate Hours Amount TWD Duhy, Tara W. 355.00 0.20 71.00 ATP Petrick, Amy T. 345.00 7.40 2,553.00 KBR Rossmell, Kathryn B. 275.00 6.40 1,760.00 LKW Wood, Lisa K. 215.00 4.50 967.50 Total for Services 18.50 $5,351.50 Total for Services and Expenses $5,351.50 Previous Balance 9,854.50 Payments Since Last Invoice -0.00 Amount Due $15,206.00 Open Invoices for this Matter Date Invoice No. Amount Billed Amount Paid Amount Due 10/13/22 149213 9,854.50 0.00 9,854.50 Outstanding Amount Due: 9,854.50 Current and Outstanding Amount Due: $15,206.00 Page 375 of 568 Invoice No. TWD -149580 Invoice Date: November 7, 2022 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 005 Matter Name: Litgation - E21- Town Square Total for Services and Expenses Amount enclosed: Previous Balance Payments Since Last Invoice Amount Due Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 $5,351.50 9,854.50 -0.00 $15,206.00 For your convenience, we accept credit card and a -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. Page 376 of 568 Marrero & Wydler Douglas Centre, PH -4 2600 Douglas Road Coral Gables, FL 33134 November 14, 2022 TAX I.D. 03-0486999 Julie Oldbury, Director of Human Resources and Risk Manageme City of Boynton Beach 100 E. Ocean Avenue Boynton Beaach, FL 33435 In Reference To: Smith, J. v. Shaun James, et al. Our File No.: 39-7995 Professional Services 10/3/2022 GL Review/compare Defendant Herny's initial Telephone: Fax Hours Amount 0.40 $30.00 0.30 Rule 26 exhibits to police records on file; 0.30 draft e-mail re request for copies of Rule 26 0.30 exhibits 10/5/2022 LW Rec and rev public records from Boca Raton 1.50 Police Department LW Rec and rev public records from Delray Beach Police Department LW Rec and rev public records from Broward County Sheriffs Office LW Rec and rev Palm Beach County State Attorney's Office files 10/6/2022 AFD Review file re new police documents re Plaintiff provided in Rule 26 disclosures by co-defendant GL Draft follow-up e-mail to BSO re status of traffic citations 10/7/2022 AFD Review (continued) new police documents re Plaintiff LW Preparation for Plaintiff's deposition (review file) AFD Legal Research re proving traffic citations at summary judgment 10/8/2022 GL Review follow-up e-mails from Boynton Beach personnel re supplemental investigative documents Telephone: Fax Hours Amount 0.40 $30.00 0.30 $42.00 0.30 $42.00 0.30 $42.00 0.30 $42.00 1.50 $180.00 0.10 $7.50 1.50 $180.00 0.50 $70.00 1.00 $120.00 0.30 $22.50 305-446-5528 305-446-0995 Invoice 4397 No. Amount $30.00 $42.00 $42.00 $42.00 $42.00 $180.00 $7.50 $180.00 $70.00 $120.00 $22.50 Page 377 of 568 Julie Oldbury, Director of Human Resources and Risk Manageme 10/9/2022 LW Preparation (continued) for Plaintiffs deposition LW Rec and rev e-mail from Stephanie Kaufer re Plaintiffs deposition 10/10/2022 GL Review e-mail from Delray Beach PD responsive to public records request; draft follow-up e-mail to Julie Oldbury re supplemental investigative materials LW Attend Plaintiffs deposition 10/17/2022 LW Rec and rev e-mail from Stephanie Kaufer re extend expert disclosure deadline LW Rec and rev e-mail from Ann Breeden with draftjoint discovery status report LW Rec and rev email from Ann Breeden re approval of joint discovery status report; draft response 10/18/2022 LW Rec and rev order canceling discovery hearing GL Draft follow-up e-mail to Julie Oldbury re supplemental investigative materials GL Draft public records request to Broward Sheriff's office re jail records; review e-mail from Palm Beach Sheriff's office responsive to public records request GL Draft public records request to Palm Beach Sheriff's office re jail records 10/21/2022 GL Review e-mail from Palm beach Sheriffs office responsive to public records request For professional services rendered Previous balance 10/18/2022 Payment - Thank You 10/20/2022 Payment -Thank You Total payments and adjustments Balance due Page 2 Hours Amount Amount 2.70 $378.00 $378.00 0.20 $28.00 $28.00 0.30 $22.50 $22.50 7.20 $1,008.00 $1,008.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.10 $7.50 $7.50 0.40 $30.00 $30.00 0.20 $15.00 $15.00 0.10 $7.50 $7.50 18.50 $2,386.50 $9,738.50 ($696.00) ($8,196.50) ($8,892.50) $3,232.50 Page 378 of 568 Julie Oldbury, Director of Human Resources and Risk Manageme Timekeeper Summary Name Andrei F. Dambuleff Guertty Lopez Lourdes E. Wydler PLEASE MAKE CHECKS PAYABLE TO MARRERO & WYDLER Page Hours Rate 4.00 120.00 1.90 75.00 12.60 140.00 Page 379 of 568 J O N E S F O S T E R P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 561 659 3000 T jonesfoster.com City of Boynton Beach c/o Michael D. Cirullo, Jr. 100 E Ocean Ave Boynton Beach, FL 33435 City of Boynton Beach v. JKM BTS Capital LLC REM I T T A N C E Tax I.D. 59-1292566 October 31, 2022 Invoice No. 260354 File No. 29049.00002 TJB COPY TOTALS FOR THIS STATEMENT RATE/HR. HOURS JOANNE M. OCONNOR 350.00 0.20 THOMAS J. BAIRD 350.00 7.30 TOTAL FEES THIS INVOICE TOTAL CHARGES THIS INVOICE PREVIOUS BALANCE TOTAL ACCOUNT BALANCE AMOUNT $70.00 $2,555.00 $2,625.00 $2,625.00 $2,864.00 $5,489.00 PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. PAYMENTS RECEIVED AFTER THE PREPARATION OF THIS INVOICE WILL NOT BE REFLECTED. IF AN UNPAID PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RECENTLY REMITTED PAYMENT, PLEASE PAY ONLY THE CURRENT INVOICE CHARGES. THANK YOU DUE UPON RECEIPT Page 380 of 568 J O N E S F O S T E R P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 Tax I.D. 59-1292566 561 659 3000 T jonesfoster.com October 31, 2022 City of Boynton Beach Invoice No. 260354 c/o Michael D. Cirullo, Jr. File No. 29049.00002 TJB 100 E Ocean Ave Boynton Beach, FL 33435 City of Boynton Beach v. JKM BTS Capital LLC TOTALS FOR THIS STATEMENT JOANNE M. OCONNOR THOMAS J. BAIRD TOTAL FEES THIS INVOICE TOTAL CHARGES THIS INVOICE PREVIOUS BALANCE TOTAL ACCOUNT BALANCE RATE/HR. HOURS AMOUNT 350.00 0.20 $70.00 350.00 7.30 $2,555.00 $2,625.00 $2,625.00 $2,864.00 $5,489.00 Page 381 of 568 J O N E S F O S T E R City of Boynton Beach October 31, 2022 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 260354 File No. 29049.00002 Page 2 FOR PROFESSIONAL SERVICES RENDERED: DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 10/06/22 TJB TELEPHONE CONFERENCE WITH ATTORNEY 1.80 630.00 KATHRYN ROSSMELL AND CITY ATTORNEYS REGARDING STATUS; EMAIL CORRESPONDENCE TO ATTORNEY ROSSMELL AND CITY ATTORNEYS REGARDING DEVELOPMENT AGREEMENT 10/11/22 JMO TELEPHONE CONFERENCE T BAIRD REGARDING 0.20 70.00 STATUS OF DEVELOPMENT AGREEMENT 10/11/22 TJB TELEPHONE CONFERENCE WITH JMO REGARDING 0.20 70.00 SUMMARY OF THE CONFERENCE CALL WITH CITY ATTORNEY AND ATTORNEY KATHRYN ROSSMELL 10/13/22 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEY 1.00 350.00 CIRULLO REGARDING SETTLEMENT AGREEMENT; PREPARE CORRESPONDENCE TO ATTORNEY KEVIN MARKOW REGARDING SETTLEMENT AGREEMENT; EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY MARKOW 10/17/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH 1.00 350.00 ATTORNEY ROSSMELL REGARDING SETTLEMENT AGREEMENT; EMAIL CORRESPONDENCE TO CITY ATTORNEYS REGARDING SETTLEMENT AGREEMENT RECEIVED FROM ATTORNEY MARKOW; EMAIL CORRESPONDENCE TO CITY ATTORNEYS REGARDING THE NEW PROPOSED SETTLEMENT AGREEMENT 10/19/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.30 105.00 ATTORNEY CIRULLO REGARDING SA AND DA (2XS); EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY ROSSMELL 10/20/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.50 175.00 ATTORNEY CIRULLO; EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY MARKOW (2XS); RECEIVE AND REVIEW "CLEAN" VERSION OF JKM'S PROPOSED SETTLEMENT AGREEMENT 10/21/22 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEY 1.50 525.00 CIRULLO AND ATTORNEY ROSSMELL; RECEIVE AND REVIEW CORRESPONDENCE FROM CITY AUDITORS IN REGARDING PENDING LITIGATION; PREPARE AUDIT RESPONSE LETTER REGARDING PENDING LITIGATION Page 382 of 568 J O N E S F O S T E R City of Boynton Beach October 31, 2022 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 260354 File No. 29049.00002 Page 3 10/26/22 TJB REVIEW EMAIL CORRESPONDENCE FROM CITY 0.30 105.00 ATTORNEY CIRULLO; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM ATTORNEY ROSSMELL AND TIMELINE 10/28/22 TJB RECEIVE AND REVIEW EMAIL CORRESPONDENCE 0.50 175.00 FROM ATTORNEY ROSSMELL REGARDING DRAFT SETTLEMENT AGREEMENT; REVIEW ATTORNEY ROSSMELL'S PROPOSED REVISIONS TO THE SETTLEMENT AGREEMENT 10/31/22 TJB ATTENTION TO SETTLEMENT AGREEMENT AND 0.20 70.00 CONFERENCE CALL TOTAL HOURS 7.50 Page 383 of 568 J O N E S F O S T E R City of Boynton Beach City of Boynton Beach v. JKM BTS Capital LLC PREVIOUS INVOICES OUTSTANDING AMOUNT AMOUNT BILL DATE BILLED PAID 258514 09/30/22 2,864.00 0.00 TOTALS: 2,864.00 0.00 October 31, 2022 Invoice No. 260354 File No. 29049.00002 Page 4 A rl II IQTC rI AMOUNT DUE 2,864.00 2,864.00 Page 384 of 568 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 15, 2022 Attn: claims@bbfl.us Bill No. 69341 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 10/31/22 PROFESSIONAL SERVICES Date Services Attorney Hours 10/01/22 Draft/Revise additional drafting of Unopposed Motion to Extend LHR 0.50 Case Management Plan Deadlines. 10/02/22 Preparation of proposed Agreed Order on the Unopposed LHR 0.60 Motion to Extend Case Management Plan Deadlines. 10/03/22 Preparation of e-mail to Plaintiffs Counsel Eiss Charles 2022 LHR 0.20 10 3 re: Special Set hearing on Motion to Dismiss count IV of Plaintiffs Complaint 10/03/22 Drafting of additional minor revisions to proposed Unopposed LHR 0.20 Motion to Extend Case Management Plan Deadlines and proposed Agreed Order based upon input from Opposing Counsel, Mr. Eiss. 10/03/22 Preparation of e-mail to Plaintiffs Counsel, Charles Eiss, re: LHR 0.40 proposed Unopposed Motion for Extension of Case Management Plan Deadlines and proposed Agreed Order. 10/03/22 Receipt and review of email response from Plaintiffs Counsel, LHR 0.20 Charles Eiss, re: suggested revisions to the unopposed Motion to Extend Case Management Plan deadlines. 10/03/22 Preparation of email response to Plaintiffs Counsel, Charles LHR 0.30 Eiss, re: agreement with Mr. Eiss's suggested revision to the Unopposed Motion and Agreed Order. 10/03/22 Preparation of email response to Plaintiffs Counsel, Charles LHR 0.30 Eiss, re: proposed revised Unopposed Motion to Extend Case Management deadlines, which we have edited to reflect Mr. Eiss's suggestions. 10/03/22 Receipt and review of email response from Plaintiffs Counsel, LHR 0.20 Charles Eiss, re: agreement with the revised unopposed Motion to Extend Case Management deadlines, and proposed Agreed Order to be submitted to the Court. Page 385 of 568 Client: City of Boynton Beach November 15, 2022 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 10/04/22 Preparation of e-mail to Plaintiffs Counsel Charles Eiss re: LHR 0.20 185.00 special set hearing on Motion to Dismiss Count IV of Plaintiffs SHP Sara H. Ptachik, Associate 0.40 Complaint 64.00 10/04/22 Receipt and review of Court's executed Order Specially Setting LHR 0.20 $878.00 Remote Hearing on Defendant Zeller's Motion to Dismiss. 10/04/22 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order Specially Setting Remote Hearing on 808.50 Payments & Adjustments: Defendant Zeller's Motion to Dismiss. 10/09/22 Drafting of finalize Unopposed Motion for Extension of Case LHR 0.50 $ Management Plan and proposed Agreed Order to be submitted to the Court. 10/12/22 Receipt and review of Court's executed Agreed Order on LHR 0.20 Defendant Zeller's Motion for Extension of Time to Complete Discovery and Modify the Amended Case Management Order. 10/12/22 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Agreed Order on Defendant Zeller's Motion for Extension of Time to Complete Discovery and Modify the Amended Case Management Order. 10/12/22 Preparation of e-mail to Risk Manager, Julie Oldbury, re: SHP 0.40 Unopposed Motion to Extend Case Management Plan Deadlines. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 4.40 185.00 814.00 SHP Sara H. Ptachik, Associate 0.40 160.00 64.00 Total Professional Services 4.80 $878.00 CURRENT BILL TOTAL AMOUNT DUE $ 878.00 Balance Forward: 808.50 Payments & Adjustments: -0.00 Total Due: $ 1,686.50 Page 386 of 568 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: 69341 Bill Date: November 15, 2022 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 Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 878.00 0.00 $ 878.00 808.50 -0.00 $ 1,686.50 808.50 $1,686.50 Page 387 of 568 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 November 17, 2022 Attn: Julie Oldbury Bill No. 69501 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Smith (Joseph) v. Sohn et al. 22369 Claim # BILL FOR FEES AND COSTS THROUGH 10/31/22 PROFESSIONAL SERVICES Date Services Attorney Hours 10/07/22 Draft/Revise correspondence with potential police expert, Mike JK 0.20 Pennington, regarding retention and materials necessary for review and analysis. 10/09/22 Plan and Prepare for deposition of Plaintiff, Joseph Smith, SWK including review of initial disclosures, complaint, body worn camera video, police reports, citations, and plaintiffs criminal history, and preparation of outline of examination 10/10/22 Attendance at deposition of Plaintiff, Joseph Smith (via Zoom) SWK 10/10/22 Review/Analyze Plaintiffs spreadsheet of claimed damages SWK 10/10/22 Communicate/Other Counsel Correspondence from Nicole Sauvola LaMay re copy of plaintiffs claimed damges 10/12/22 Communicate/Other External telephone call with potential K9 expert regarding retention as expert on police practices for searches. 10/12/22 Draft/Revise correspondence to Karen Klein regarding retention of K9 security expert, Mike Pennington. 10/12/22 Communicate/Other External telephone call with potential K9 police procedures expert, Mike Pennington, regarding retention and items for review and analysis of matter. 10/13/22 Draft/Revise Joint Discovery Status Report 10/13/22 Communicate/Other External correspondence with police practice expert Mike Pennington regarding retention and conflicts. SWK JK JK JK AGB JK 10/13/22 Draft/Revise detailed criminal history chart and updated JK potential witness list based on records received from Broward County Clerk of Court and determined additional discovery needed. 3.20 7.30 0.20 0.10 0.10 0.20 0.30 0.90 0.10 0.50 Page 388 of 568 Client: City of Boynton Beach November 17, 2022 Matter: 22369 - Smith (Joseph) v. Sohn et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 10/13/22 Draft/Revise detailed criminal history chart and updated JK 0.60 Ann G. Breeden, Associate potential witness list based on records received from Palm 160.00 192.00 Beach County Clerk of Court and determined additional Benjamin L. Bedard, Partner 0.10 discovery needed. 18.50 10/14/22 Review/Analyze Voluminous records from Office of the State SWK 2.90 110.00 Attorney regarding our Public Records Request. SWK 10/15/22 Review/Analyze Continued review of voluminous records from SWK 3.40 4,144.00 Office of the State Attorney regarding our Public Records Total Professional Services 25.70 Request (over 1000 pp of records). $4,574.50 10/16/22 Review/Analyze Continued review of voluminous records from SWK 2.60 Office of the State Attorney regarding our Public Records Request (over 1000 pp of records). 10/17/22 Correspondence to Correspondence to Karen Klein re authority SWK 0.10 to retain expert Mike Pennington. 10/17/22 Correspondence to Correspondence to and from all counsel re SWK 0.60 extending the deadline for expert disclosures and rebuttal witness deadline. 10/17/22 Communicate/Other External multiple correspondence with all AGB 0.30 counsel regarding Joint Discovery Status Report 10/18/22 Receipt and review of Court's Order Cancelling Discovery BLB 0.10 Status Conference. 10/20/22 Telephone conference with Mark Sohn re update on case and SWK 0.50 outcome of plaintiffs deposition and strategy moving forward 10/25/22 Review/Analyze Deposition transcript of Plaintiff, Joseph Smith SWK 1.50 to ensure accuracy of his testimony and identify testimony to assist with our defense. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 1.20 160.00 192.00 BLB Benjamin L. Bedard, Partner 0.10 185.00 18.50 JK Jaime Kehoe, Paralegal 2.00 110.00 220.00 SWK Stephanie W. Kaufer, Partner 22.40 185.00 4,144.00 Total Professional Services 25.70 $4,574.50 DISBURSEMENTS Date Description Amount 10/21/22 Arbitrators/Mediators #160951;Joseph Smith vs. Shaun 600.00 James et all Mediation - Matrix Mediation, LLC Total Disbursements $600.00 Page 389 of 568 Client: City of Boynton Beach Matter: 22369 - Smith (Joseph) v. Sohn et al. CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: November 17, 2022 Page 3 $ 5,174.50 390.50 -0.00 $ 5,565.00 Page 390 of 568 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: 69501 Bill Date: November 17, 2022 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22369 Matter Name: Smith (Joseph) v. Sohn et al. Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 4,574.50 600.00 $ 5,174.50 390.50 -0.00 $ 5,565.00 390.50 $5,565.00 Page 391 of 568 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management Attn: Karen Klein P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. MATTER: Readon v. Boynton Beach Claim #001470 -000396 -AB -01 BILL FOR FEES AND COSTS THROUGH 10/31/22 PROFESSIONAL SERVICES Date Services 10/04/22 Receipt and review of City of Boynton Beach's Response to Plaintiffs Supplemental Request to Produce. 10/04/22 Review/Analyze documents produced by City of Boynton Beach in response to plaintiffs request to produce PROFESSIONAL SERVICES SUMMARY Code Name SWK Stephanie W. Kaufer, Partner Total Professional Services SUB TOTAL Prepaid Funds Applied Prepaid Funds Remaining: ($111.00) CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: November 17, 2022 Bill No. 69502 138 18187 Attorney Hours SWK 0.30 SWK 0.70 Hours Rate Amount 1.00 185.00 185.00 1.00 $185.00 $ 185.00 -111.00 $ 74.00 851.50 -0.00 $ 925.50 Page 392 of 568 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: 69502 Bill Date: November 17, 2022 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services 185.00 Total Disbursements 0.00 SUB TOTAL $ 185.00 Prepaid Funds Applied -111.00 Prepaid Funds Remaining: ($111.00) CURRENT BILL TOTAL AMOUNT DUE $ 74.00 Balance Forward: 851.50 Payments & Adjustments: -0.00 Total Due: $ 925.50 Past Due Balance 851.50 TOTAL AMOUNT DUE $925.50 Page 393 of 568 6.K. Consent Agenda 1/3/2023 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for December 20, 2022 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM Task Orders assigned on as McKim & Supervisory Control and Data City of Boynton February needed Basis Creed, Inc.; (SCADA) System Programming, Beach RFQ 27,2023— by various departments within Star Preventive Maintenance and No. 038-2821- February budget parameters (Any Item Controls, I nc Repair Services. 19/TP 26, 2024 over $50K will be brought back to Commission). How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 394 of 568 Grant Amount: Attachments: Type D AttacftrTIENI'lt D AttacftrTIENI'lt D ttachrTIEsirait Description Bid EAE)insioins aind Fliggy BackS UlirldEIir' $100,000 IRENIIE)W,-'.Ill IIl['ItE)ir'E)St I E)ttENr Stair Cointirols, IIinc- 2023...2 2 IRENIIE)W,-'.Ill Il['ItE)ir'E)St I E)ttENr McKiirn & Cir'E)Ed 2023 2024 Page 395 of 568 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS UNDER $100,000 December 20, 2022 REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: WANEYA BRYANT TERM: February 27, 2023, to February 26, 2024 SOURCE FOR PURCHASE: City of Boynton Beach RFQ 038-2821-19/TP ACCOUNT NUMBER: Various Accounts VENDOR(S): McKim & Creed, Inc.; Star Controls, Inc. ANNUAL ESTIMATE: Task Orders assigned as needed by various departments within budget parameters (Any Items over $50K will be brought back to commission). DESCRIPTION: On January 21, 2020, Commission approved and authorized the City Manager to sign individual Agreements Resolution No. R20-006 with McKim & Creed, Inc. and Star Controls, Inc. for RFQ 038-2821-19/TP Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services. The Agreement was for an initial two (2) year period with the option to renew for three (3) additional one-year periods. The vendors have agreed to renew the agreement for the 2nd one-year term. The City of Bounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 November 28, 2022 Tzi Magril, President Star Controls, Inc 11555 Heron Bay Blvd Suite 200 Coral Springs, FL 33076 VIA EMAIL TRANSMITTAL TO: tmagril star-controls.com RFQ: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES RFQ No.: 038-2821-19/TP CURRENT AGREEMENT TERM: FEBRUARY 27, 2022 —FEBRUARY 26, 2023 Dear Mr. Magril The current agreement term for "SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES" expires February 26, 2023. The agreement allows for three (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 2nd renewal 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 along with the company's update COI via email to prattt .bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, '11_rUX&4JMe* Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 397 of 568 The City of Bounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 November 28, 2022 RFQ: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES RFQ No.: 038-2821-19/TP Agreement between the CITY OF BOYNTON BEACH and Star Controls, Inc. AGREEMENT RENEWAL TERM: FEBRUARY 27, 2023 —FEBRUARY 26, 2024 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) STAR CONTROLS, INC. NAME OF COMPANY Tzvi Magril NAME OF REPRESENTATIVE (please print) 11/28/2022 DATE sales@star-controls.com and tmagril@star-controls.com E-MAIL Am" SIGNATURE President TITLE 954-604-6656 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 398 of 568 The City of eac November 28, 2022 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 Mike Stoup, PE — Electrical & Instrumentation Group Manager McKim & Creed, Inc. 1365 Hamlet Avenue Clearwater, FL 33756 VIA EMAIL TRANSMITTAL TO: mstoNdl ((,' dITKjg2 reet'. p.' RFQ: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES RFQ No.: 038-2821-19/TP CURRENT AGREEMENT TERM: FEBRUARY 27, 2022 —FEBRUARY 26, 2023 Dear Mr. Stoup: The current agreement term for "SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES" expires February 26, 2022. The agreement allows for three (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 2nd renewal 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 along with the company's update COI via email to pLatttpbbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, W Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 399 of 568 The City of B'oynton Beach November 28, 2022 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 RFQ: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES RFQ No.: 038-2821-19/TP Agreement between the CITY OF BOYNTON BEACH and McKim & Creed, Inc. AGREEMENT RENEWAL TERM: FEBRUARY 27, 2023 —FEBRUARY 26, 2024 tiYes, 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) MCKIM & CREED, INC. NAME OF COMPANY SIGNATURE NAME OF REPRESENTA'FIVE (please print) (a / DATE E-MAIL 4' ' 'g° TITLE .. w . (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 400 of 568 6.L. Consent Agenda 1/3/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 1/3/2023 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of November 2022. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or designee is authorized to execute a purchase order on behalf of the City for such purchases under the $49,999 bid threshold for personal property, commodities, and services, or $200,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or designee. All backup documentation is available upon request. Below is a list of the purchases for November 2022: Purchase Order # Vendor Amount 230512 ALL COUNTY PAVING $126,756.50 230519 MARTIN FENCE CO. $21,428.00 230522 ATLANTIC SOUTHERN PAVING $17,320.00 230526 STAR CONTROLS INC. $14,000.00 230528 POLLARD WATER $10,910.00 230532 ATLANTIC SOUTHERN PAVING $46,773.35 230534 KEY TRAK $26,758.84 230545 ATLANTIC SOUTHERN PAVING $63,524.35 230546 RPM GENERAL CONTRACTORS $12,045.00 230547 MADSEN / BARR CORPORATION $99,017.25 230562 CORE & MAIN LP $10,854.32 230579 1 NT'L DATA CONSULTANTS $33,075.00 230594 A-1 AIR SOLUTIONS, LLC $14,411.43 230595 STINGRAY CHEVROLET $46,687.00 230600 SUSTAI NABASE INC. $16,950.00 230601 T&R CERTIFIED ELECTRICIANS INC. $10,455.31 230602 AVI-SPL, LLC $36,504.38 230608 HOMRICH CORPORATION $64,000.00 230612 BARNEY'S PUMPS $83,238.00 230615 BROADCAST SYSTEMS $30,396.62 230624 DELL MARKETING $19,193.00 230636 CONSOLIDATED PIPE & SUPPLY $38,225.00 230638 ALLIGATORALLEY HARLEY-DAVIDSON $29,017.46 230639 GOVERNMENT SERVICES GROUP INC. $17,500.00 230640 ATLANTIC SOUTHERN PAVING $10,754.67 Page 401 of 568 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager, or designee. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allowfor making more timely purchases. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment Pu.,uirclruases oveir $10,000 foir INoveirnbeir 2022 Page 402 of 568 Page 403 of 568 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR NOVEMBER 2022 1. Vendor: ALL COUNTY PAVING Purchase Amount: $126,756.50 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 11/2/2022 Brief Description of Purchase: NE 1ST COURTS & NE 15th AVENUE, TASK 129: MILLING AND RESURFACING. Source for Purchase: CONTRACT #: PWE22-008 Fund Source: 303-4905-580.63-08 CP0266 2. Vendor: MARTIN FENCE CO Purchase Amount: $21,428.00 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 11/2/2022 Brief Description of Purchase: VINYL COATED CHAIN LINK FENCE - BOYNTON BEACH BLVD EXTENSION Source for Purchase: CONTRACT #: 001-2511-20 Fund Source: 303-4905-58063-08 CP0266 3. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $17,320.00 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 11/2/2022 Brief Description of Purchase: OCEAN DRIVE, TASK 154: TRAFFIC CALMING Source for Purchase: CONTRACT#: PWE22-008 Fund Source: 303-4905-580.63-08 CP0266 4. Vendor: STAR CONTROLS, INC. Purchase Amount: $14,000.00 Requesting Department: UTILITIES Contact Person: JUAN CUESTA Date: 11/4/2022 Brief Description of Purchase: PILOT APPLICATION FOR MASTER LIFT STATION TASK ORDER# SCADA 11-2023. Source for Purchase: CONTRACT#: 038-2821-19 Fund Source: 403-5000-535.65-04 SW1901 5. Vendor: POLLARD WATER Purchase Amount: $10,910.00 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 11/4/2022 Brief Description of Purchase: TWO (2) - 70 PORT VALVE EXERCISERS AND ADJUSTABLE VALVE KEY FOR VALVE FOR WATER DISTRIBUTION FOR THE VALVE EXERCISING PROGRAM. Source for Purchase: THREE (3) QUOTES Fund Source: 401-2810-536.64-02 6. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $46,773.35 Requesting Department: ENGINEERING Contact Person: MOISEY ABDURAKHMANOV Date: 11/4/2022 Brief Description of Purchase: WOOLBRIGHT ROAD AT SW 22ND STREET, TASK 108: LEFT TURN CLOSURE Source for Purchase: CONTRACT #: PWE22-008 Fund Source: 303-4904-541.63-03 TR2301 7. Vendor: KEY TRAK Purchase Amount: $26,758.84 Requesting Department: FLEET Contact Person: BILL DARTY Date: 11/4/2022 Brief Description of Purchase: KEY MANAGEMENT SYSTEM - KEY CONTROL: (4) 40 KEY PANEL, CLEAR DOOR, 40 KEY PACKAGES Source for Purchase: SOLE SOURCE Fund Source: 501-2516-519.62-01 Page 403 of 568 8. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $63,524.35 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 11/8/2022 Brief Description of Purchase: BOYNTON BEACH EXTENSION - PAVER REPAIR. RECONSTRUCTION OF THREE (3) CONCRETE HEADERS- DEWATERING PUMPS, JETTING AND PLACING NEW SUBSTRATE FOR PROPER INSTALLATION OF PAVERS UNDERMINED BY TIDAL FLOW AND STORM SURGE. Source for Purchase: CONTRACT #: PWE22-008 Fund Source: 303-4905-580.63-08 9. Vendor: RPM GENERAL CONTRACTORS Purchase Amount: $12,045.00 Requesting Department: FACILITIES Contact Person: JOSE MURRAY Date: 11/8/2022 Brief Description of Purchase: INTRACOASTAL PARK & SARA SIMS PARK, REMOVE AND REPLACE EXISTING GRILLS FROM BOTH PARKS. Source for Purchase: CONTRACT #: 028-2511-20 Fund Source: 303-4223-572.62-01 10. Vendor: MADSEN / BARR CORPORATION Purchase Amount: $99,017.25 Requesting Department: UTILITIES Contact Person: BRANDON MINGO Date: 11/8/2022 Brief Description of Purchase: REPAIRS & EMERGENCY SERVICES FOR MINOR ROAD. #1: REPLACEMENT OF 3 EACH ISOLATION VALVES; #2: CROSS CONNECTION OF 16-INCH WATER MAIN. Source for Purchase: CONTRACT #: 019-2821-19 Fund Source: 403-5000-533.65-02 11. Vendor: CORE & MAIN LP Purchase Amount: $10,854.32 Requesting Department: WARHOUSE Contact Person: JEN PACIELLO Date: 11/8/2022 Brief Description of Purchase: REPLACMENT OF THREE (3) ARCHER 3 - HANDHELD MOBILE DATA COLLECTION DEVICES FOR METER SERVICES. Source for Purchase: THREE (3) QUOTES Fund Source: 401-2814-536.64-02 12. Vendor: INT'L DATA CONSULTANTS Purchase Amount: $33,075.00 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 11/16/2022 Brief Description of Purchase: BARRACUDA CLOUD ARCHIVING SERVICE RENEWAL (11/10/2022 - 11/11/2023) Source for Purchase: PIGGYBACK: GSA - SCHEDULE 70 Fund Source: 001-1510-513.46-91 GSA 70 #47QTCA19DOOM 13. Vendor: A-1 AIR SOLUTIONS, LLC Purchase Amount: $14,411.43 Requesting Department: FACILITIES Contact Person: MELVIN STINSON Date: 11/16/2022 Brief Description of Purchase: SIMS BUILDING - A/C 15 TON COMPRESSOR-LIQUID LINE DRYER Source for Purchase: CONTRACT #: 012-2511-20 Fund Source: 303-4101-580.64-18 GG1004 14. Vendor: STINGRAY CHEVROLET Purchase Amount: $46,687.00 Requesting Department: FLEET Contact Person: BILL DARTY Date: 11/16/2022 Brief Description of Purchase: PURCHASE 2023 CHEV. TAHOE - REPLACE PD UNIT # 3726 Source for Purchase: PIGGYBACK: STATE OF FLORIDA - SHERIFF Fund Source: 501-2516-519.64-33 Contract # : FSA22-VEL 30.0 Page 2 Page 404 of 568 15. Vendor: SUSTAINABASE INC. Purchase Amount: $16,950.00 Requesting Department: UTILITIES Contact Person: CHRIS ROSCHEK Date: 11/18/2022 Brief Description of Purchase: SUSTAINBASE PLATFORM SUBSCRIPTION RENEWAL (10/1/2022 - 9/30/2023). PLATFORM AND EXPERT SERVICES TO PROVIDE EFFORTLESS COLLECTION, ANALYSIS, MONITORING, SHARING, REPORTING, CONTROL, AND MANAGEMENT OF SUSTAINABILTY DATA. Source for Purchase: SOLE SOURCE Fund Source: 401-2821-536.95-44 16. Vendor: T&R CERTIFIED ELECTRICIANNS INC. Purchase Amount: $10,455.31 Requesting Department: FACILITIES Contact Person: GAIL MOOTZ Date: 11/18/2022 Brief Description of Purchase: MISC. ELECTRICAL WORK AT CITY FACILITIES. NEW CONDUIT AND WIRES TO FPL TRANSFORMER, INSTALL RACK AND 150a PANEL. DIG TRENCH TO KAPOK TREE TO INSTALL 20a CIRCUITS FOR HOLIDAY GATHERING. Source for Purchase: THREE (3) QUOTES Fund Source: 001-2512-541.49-17 17. Vendor: AVI-SPL, LLC Purchase Amount: $36,504.38 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 11/18/2022 Brief Description of Purchase: UPGRADE AVL SYSTEM AT UTILITIES SECOND FLOOR MAIN CONFERENCE ROOM. CURRENT SYSTEM IS NOT IN WORKING ORDER. Source for Purchase: PIGGYBACK: THE INTERLOCAL PURCHASING SYSTEM Fund Source: 403-5000-533.65-002 WT2303 (TIPS) RFP #: 200904 18. Vendor: HOMRICH CORPORATION Purchase Amount: $64,000.00 Requesting Department: FACILITIES Contact Person: KEVIN RAMSEY Date: 11/18/2022 Brief Description of Purchase: OCEANFRONT PARK - BOARDWALK DECK MAINTENANCE Source for Purchase: CONTRACT #: 028-2511-20 Fund Source: 303-4210-572.62-01 RP2312 19. Vendor: BARNEY'S PUMPS Purchase Amount: $83,238.00 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 11/21/2022 Brief Description of Purchase: REPLACEMENT PUMPS NEEDED AT VARIOUS LIFT STATIONS. Source for Purchase: CONTRACT #: 014-2821-19 Fund Source: 403-5000-535.65-04 SWR075 20. Vendor: BROADCAST SYSTEMS Purchase Amount: $30,396.62 Requesting Department: ENGINEERING Contact Person: GARY DUNMYER Date: 11/21/2022 Brief Description of Purchase: CITY OF BOYNTON BEACH PUBLIC LIBRARY - 100 E. OCEAN AVE - SECURITY CAMERAS Source for Purchase: PIGGYBACK: GSA - SCHEDULE 70 Fund Source: 303-4101-580.64-15 CONTRACT #: GS-07F-173GA 21. Vendor: DELL MARKETING LP Purchase Amount: $19,193.00 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 11/22/2022 Brief Description of Purchase: TEN (10) COMPUTERS, DOCK AND 24" MONITORS Source for Purchase: PIGGYBACK: NATIONAL COOP PURCHASING ALLIANCE Fund Source: 303-4101-580.64-15 CONTRACT #: NCPA 01-42 22. Vendor: CONSOLIDATED PIPE & SUPPLY Purchase Amount: $38,225.00 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 11/28/2022 Brief Description of Purchase: WAREHOUSE STOCK: REPLACEMENTS FOR DAMAGED OR NON REGISTERING METERS IN THE FIELD AT VARIOUS ADDRESSES. Source for Purchase: SOLE SOURCE Fund Source: 401-2814-536.52-30 Page 3 Page 405 of 568 23. Vendor: ALLIGATOR ALLEY HARLEY-DAVIDSON Purchase Amount: $29,017.46 Requesting Department: FLEET Contact Person: BILL DARTY Date: 11/28/2022 Brief Description of Purchase: 2023 HARLEY-DAVIDSON FLHTP MOTORCYCLE - REPLACE VEHICLE # 4978 Source for Purchase: PIGGYBACK: STATE OF FLORIDA - SHERIFF Fund Source: 501-2516-519.64-33 Contract # : FSA22-VEL 30.0 24. Vendor: GOVERNMENT SERVICES GROUP INC. Purchase Amount: $17,500.00 Requesting Department: FINANCE Contact Person: JONELE LUMA Date: 11/28/2022 Brief Description of Purchase: FIRE RESCUE SERVICES ASSESSMENT PROGRAM Source for Purchase: SOLE SOURCE Fund Source: 001-2210-522.31-90 25. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $10,754.67 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 11/28/2022 Brief Description of Purchase: HARVEY OYER PARK - SIDEWALK AND ASPHALT PATH REPAIR. REMOVE UNSUITABLE MATERIAL AND RE - CONCRETE PATH AND INSTALL SOD. Source for Purchase: CONTRACT #: PWE22-008 Fund Source: 303-4904-541.63-03 Page 4 Page 406 of 568 6.M. Consent Agenda 1/3/2023 Requested Action by Commission: Approve minutes from the November 10, 2022, November 29, 2022, and December 15, 2022 Special City Commission Meetings for Closed Door Sessions, and the December 6, 2022 and December 20, 2022 City Commission Meetings. Explanation of Request: The City Commission met on November 10, 2022, November 29,2022, December 6,2022, December 15, 2022 and December 20, 2022 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: There is no fiscal impact to the budget from this item. Alternatives: Approve, amend and approve, or 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: Page 407 of 568 Type D Mill'ILAtE)S D Mill'ILAtE)S D Mill'ILAtE)S D Mill'ILAtE)S D Mill'ILAtE)S Description SPE) CA4a Coirnirnissioin IME)EAillIg Mil['RAE�IS 11...1 2022 S�PE)CA4� Coirnirnissioin ME)E)hl['lg Mill'KAE)S 11 29 2022 Coirnirnissioin IME)EAillIg IMill'KAE)S 12 06 2022 SPE) CA4a Coirnirnissioin IME)E)hl['lg Mil['ILAE�IS 12 15 2022 Coirnirnissioin ME)E)hl['lg Mill'KAE)S 12 20 2022 Page 408 of 568 Minutes of the Special City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Thursday, November 10, 2022, at 5:30 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Angela Cruz Mike Cirullo, City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 5:30 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay Invocation was given by Commissioner Hay Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay Commissioner Hay led the Pledge of Allegiance to the Flag. B. Closed Door Session As publicly requested at the November 1, 2022 City Commission Meeting and in accordance with Section 286.011(8) Florida Statutes, the City Commission will hold a closed -door, private attorney-client session on Thursday, November 10, 2022 beginning at 5:30 p.m. to discuss 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 In attendance will be the City Attorney Michael D. Cirullo, Jr., Special Litigation Counsel Thomas Baird, Special Litigation Counsel Joanne O'Connor, City Manager Daniel Dugger, a Court Reporter, the Mayor and City Commission. Some participants may attend telephonically or by communications media technology (CMT). Approximately 60 minutes will be needed. Page 409 of 568 Meeting Minutes Special City Commission Meeting Boynton Beach, FL November 10, 2022 Michael Cirullo, City Attorney, read the title of the case into the record. Mayor Penserga called for a recess for the Closed -Door Session at 5:33 P.M. C. Resume the Special Meeting Mayor Penserga reconvened the meeting at 6:41 P.M. Attorney Cirullo stated that they will contact Council and have the meeting added to the next Commission Meeting. 2. Adjournment Motion Commissioner Kelley moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 6:42 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk F Page 410 of 568 Minutes of the Special City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Thursday, November 29, 2022, at 5:30 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 5:30 P.M. Roll Call Daniel Dugger, City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay Invocation was given by Commissioner Hay Pledge of Allegiance to the Flag led by Vice Mayor Angela Cruz Vice Mayor Cruz led the Pledge of Allegiance to the Flag. B. Closed Door Session As publicly requested at the November 1, 2022 City Commission Meeting and in accordance with Section 286.011(8) Florida Statutes, the City Commission will hold a closed -door, private attorney-client session on Tuesday, November 29, 2022 beginning at 5:30 p.m. to discuss the following case: E2L REAL ESTATE SOLUTIONS, LLC., Plaintiff, vs, CITY OF BOYNTON BEACH; JKM DEVELOPERS, LLC; JKM BTS CAPITAL, LLC; JKM BTS NORTH, LLC; JKM BTS CENTRAL, LLC; JKM BTS SOUTH, LLC, Defendants — Palm Beach County Circuit Court Case Number: 50-2022-CA-006010-XXXX-AA In attendance will be the City Attorney Michael D. Cirullo, Jr., Special Litigation Counsel Kathryn Rossmell, Special Litigation Counsel Amy Petrick, City Manager Daniel Dugger, a Court Reporter, the Mayor and City Commission. Some participants may attend telephonically or by communications media technology (CMT). Approximately 60 minutes will be needed. Page 411 of 568 Meeting Minutes Special City Commission Meeting Boynton Beach, FL November 29, 2022 Michael Cirullo, City Attorney, read the title of the case into the record. Mayor Penserga called for a recess for the Closed -Door Session at 5:37 P.M. C. Resume the Special Meeting Attorney Cirullo reconvened the meeting at 6:14 P.M. 2. Adjournment Motion Vice Mayor Cruz moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 6:15 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jes6s, MMC City Clerk F Page 412 of 568 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, December 6, 2022, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:02 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Reverend Laurie Durgan, Minister at Unity Church of Delray Beach Invocation was given by Reverend Durgan. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay Commissioner Hay led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections Mayor Penserga received a request from Counsel to remove 5A. Commissioner Kelley stated that she would like to change future agenda item 13E to add a date. She asked that the covenant documents be ready for January 3, 2023 Meeting. Motion: Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Page 413 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Commissioner Kelley had no disclosures. She stated that she spent the weekend enjoying the holiday festivities and said that it was exciting to see everyone coming together. Commissioner Turkin gave a shout out to staff and said that the events were awesome. Vice Mayor Cruz noted that the events were fantastic events and staff did a great job. She congratulated the two Officers that won Officer of the Month with the PBA. Commissioner Hay stated that the National League of Cities Conference in Kansas was outstanding and all of the Commissioners were there. They gained info on what other cities are doing. He said that he had the pleasure of participating with Shop with a Cop, and he was with a 9 -year-old girl that bought gifts for her 9 siblings. He said that the Police Department was right on target with the kids, and they really enjoyed it. Mayor Penserga congratulated the events team for putting together the tree lighting and the parade. He thanked staff for these events and said that the Gold Coast Band was phenomenal. He acknowledged two City employees, and read an email from a resident regarding the two excellent employees: Jovaris Pearson and Jeffrey Shelton. He disclosed that he was recently selected as one of 25 Mayors to attend the Bloomberg program through Harvard University. 3. Announcements, Community and Special Events And Presentations A. Announcement regarding, Pearl Harbor Remembrance Day Ceremony being hosted by the Boynton Beach Veterans Task Force and the City of Boynton Beach Recreation & Parks Department. The ceremony is being held at Tom Kaiser U.S.N. Boynton Beach Veterans Memorial Park located at 411 N. Federal Highway on Wednesday, December 7th, starting at 11:00 AM. The event is free and open to the public. Mayor Penserga announced the Pearl Harbor Remembrance Day Ceremony. B. Announcement regarding, Oceanfront Bark Boynton Beach's Dog "Paw-ty" on the Beach. The event is being held on Saturday, December 17th, from 9:00 AM to 12:00 PM, at Oceanfront Park located at 6415 N. Ocean Blvd. This is the second of four scheduled events being held the third Saturday of each month thru February. This is a free event for all well behaved, licensed dogs and their owners. Dogs will be allowed off leash in a designated fenced area. Parking is free during Oceanfront Bark for all beach patrons from 9:00 AM to 12:00 PM. Mayor Penserga announced the Oceanfront Bark Boynton Beach's Dog "Paw-ty." Page 414 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 C. Announcement regarding, the Harvey E. Oyer Park Boat Ramp Ribbon Cutting Ceremony being held on Saturday December 17th, starting at 11:30 am. The ceremony is being held to recognize the completion of the boat ramp renovation project and re -opening of the boat ramp for the public. Parking Fees will be waived on December 17th from 8:00 AM to 5:00 PM. Mayor Penserga announced the Harvey E. Oyer Park Boat Ramp Ribbon Cutting Ceremony. D. Proclamation recognizing December 2022, as Impaired Driving Awareness Month. The proclamation will be accepted by Tracy Roloff, Executive Director of MADD, Carrie Gale, DUI Project Coordinator at PBC Victim Services, and DUI Officer Dennis Castro. Mayor Penserga read the proclamation into the record. Carrie Gale, DUI Project Coordinator at Palm Beach County Victim Services, spoke about impaired driving and their response times. She further spoke about different entities that are coming together to bring awareness to this problem. She thanked the Commission for recognizing this. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission) David Katz spoke about speaking to Joe Josemond wanting his support as a candidate, and that he has been giving false addresses when he filed for candidacy. He asked Mr. Josemond to remove himself from the race. Mayor Penserga asked if this crosses the line of attacking someone personally. Commissioner Hay stated that it was not a personal attack because it was just informational. Mayor Penserga stated that it is not just for this instance, it is for anything moving forward. Commissioner Turkin stated that he thought the personal attack was against people on the dais. He said that they have a right to speak their mind. Bernard Wright stated that he has been investigating Joe Josemond's addresses, and explained the different addresses which have been used. He said that Mr. Josemond has been removing his signs from residents houses and throwing them into his yard. He spoke Page 415 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 about the discrepancies with running for the election. Darrin Cunningham complimented the Police Officers for slowing down on Seacrest Avenue. He commented on being proactive on traffic. Joe Josemond stated he will be throwing a barbeque on NE 2nd Street. He said that there might be a language barrier with the person that lives at the address he lived at, and he invited Bishop Wright to dinner to speak about the situation. He mentioned that he is running for Commissioner in District 2, and he likes the fire and excitement that is happening right now. Commissioner Hay said, for clarity, that he is not coming after anyone and asked the speakers to address the Commission and not individuals. Cindy Falco Di Corrado spoke about the LBGTQ+ Flag on the street, and said that it needs to be removed, as well as the 666 seats on Ocean Avenue. She stated that it is not inclusive at all. She mentioned that running as a candidate, you cannot touch signs, and if anyone has been doing that, it is a crime, and the Police need to take action. She said that she would like to hear about Forest Park as well. Dr. Piotr Blass stated that we live in the best City in the world. He spoke about being at Starbucks and two Police Officers told him that he is trespassing, and he was charged, which was a defamation. Terry Oyer stated that he works every day and on the weekends, he likes to hang out when he is off, and that the night Officers are targeting people and harassing them. He said that they are walking up to people in the community and literally sticking their hands in their pockets. He commented that he should not live in fear in his community. He announced toy drives that their community is having. Sandra Watson stated that she is there as the chair of the Boynton Beach Senior Advisory Board. She said that they lost their co-chair in September when she passed away. She spoke about the Senior Advisory Board reports that the Commission is asking about. She announced different events that they have been working on and going to. She asked the City to do some kind of program where they can go to these events, within the City. Pernell Davis spoke about November 26, when a Police Officer pulled up and told them that they need to be gone and could not hang out. He said that it was demeaning and disrespectful. He stated that they plan on having a big day on January 1St in honor of his nephew and he thanked the Congress Middle School for their commemoration event in honor of his nephew. Ernest Mignoli spoke about where he lives and that he is a credentialed press person. He asked why he comes here and is in fear. He said that they are all in fear of coming to the meetings. Page 416 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Virtual Hands: 2 people; one did not answer. Shannon Thompson, Stanley Dale Davis' mother, thanked Congress Middle School for their commemoration and the bench that they had in his honor. She spoke about the pending lawsuit that the attorney spoke about and honoring a child, and said that it does not make sense why they cannot honor him because of it. She asked what the purpose is of people coming to the meeting if nothing gets addressed or followed up on. Mayor Penserga stated that his position is that he is not okay for these microphones to be used to attack anyone in the City, and that we need sensible guidelines for what is acceptable. Commissioner Turkin stated there has been some dialogue regarding an encroachment issue in Forest Park that needs to be resolved before moving forward with anything. Andrew Mack, Deputy City Manager, stated that they need to meet with the Church and he explained the next steps. Mayor Penserga asked for an update from staff. 5. Administrative A. Review and approve the proposed Commission Meeting Schedule for 2023. Mayor Penserga stated that these are sensible dates. Kathryn Matos, Assistant City Manager, provided an overview and what was considered. There was consensus from the Commission on the meeting schedule. B. Discuss use of Community Support Funds Commissioner Kelley discussed the Holiday Dinner Baskets and assisting families in the area. She stated that she would like to donate $500 to the food drive that will be given to the Friends of the Library to support this initiative. Mayor Penserga stated that he would like to allocate $500 of his funds to the Holiday Dinner Baskets. Commissioner Turkin stated that he would like to allocate $500 to Shop with a Cop. Mayor Penserga stated that he would like to allocate $500 to Shop with a Cop. Commissioner Turkin mentioned that the Shop with a Cop was on Good Morning 5 Page 417 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 America. There was consensus on these items. Commissioner Hay said that he would like to allocate $500 to these two initiatives as well. 6. Consent Agenda A. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for December 6, 2022 - "Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over $10,000 for the month of October 2022. C. Proposed Resolution No. R22-172- Approve and authorize the City Manager to sign Community Development Block Grant Subrecipient Agreements, with Boynton Beach Faith -Based Community Development Corporation, Inc., to provide housing related activities. D. Proposed Resolution No. R22-173- Approve and Authorize the City Manager to sign the Subrecipient Grant Agreement, and subsequent amendments to the agreement for the San Castle Neighborhood Improvement Project funded by the Department of Economic Opportunity (DEO) in the amount of $16,500,000. E. Proposed Resolution No. R22-174- Approve the Building Division Fee schedule to establish new fees for the Building Recertification Inspection Program, eliminating electronic plans service fees and modifying private provider refund calculations. F. Proposed Resolution No. R22-175- Approve and authorize the Mayor to sign a Purchase and Sale agreement between the City of Boynton Beach and Howard Brown for a vacant parcel located at 319 NE 12th Avenue. G. Accept FY21/22 fourth quarter report on operations of the Schoolhouse Children's Museum. H. Proposed Resolution R22-176- Approve and authorize the City Manager to sign an amendment to the current agreement with Motorola Solutions Company to provide the City of Boynton Beach with a $1,303,256.50 Technology Credit for PremierOne cloud hosted/on-premise solution to the Computer Aided Dispatch (CAD), Records Management System (RMS) FV Page 418 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 and Mobile Reporting solutions as well as ancillary products and services. I. Proposed Resolution R22-177 Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 100.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange Improvements project. Proposed Resolution R22-178- Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 102.3 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange Improvements project. Proposed Resolution R22-179- Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 107.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange Improvements project. Proposed Resolution R22-180- Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 109.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange Improvements project. Proposed Resolution R22-181- Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 117.3 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange Improvements project. J. Approve minutes from the November 14, 2022 City Commission Meeting. Mayor Penserga pulled items 6D and 6H. Commissioner Kelley pulled item 6G. Vice Mayor Cruz moved to approve the consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously. Item 6D - Proposed Resolution No. R22-173 - Approve and Authorize the City Manager to sign the Subrecipient Grant Agreement, and subsequent amendments to the agreement for the San Castle Neighborhood Improvement Project funded by the Department of Economic Opportunity (DEO) in the amount of $16,500,000. City Engineer Gary Dunmyer spoke about drainage, utilities and roadway improvements as follows: project overview; project purpose; showed flooding pictures and bad road Page 419 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 conditions; work to be completed; potable water system; sanitary sewer system; budget; area of benefit; median household income. Mayor Penserga thanked staff for getting the grant. Commissioner Hay stated that it is an excellent project, and he looks forward to more projects. He mentioned a sewage problem at a residency and thanked staff for resolving it in the same day. Deputy City Manager Mack spoke about the water backup that happened. Motion: Vice Mayor Cruz moved to approve Resolution No. R22-173. Commissioner Hay seconded the motion. The motion passed unanimously. Item 6G - Accept FY21/22 fourth quarter report on operations of the Schoolhouse Children's Museum. Commissioner Kelley asked for an update on attendance since Covid. Suzanne Ross, online, stated that their best year was 2017 and 2018. She said that last fiscal year was only about 13% past the mark of those years, and that with this year, there have been more people in since October. She commented that if they remain on track for this fiscal year, they could be about 10% ahead of their best year. She spoke about their capacity in the building and that they have reached capacity several times, and other challenges that they face. Commissioner Kelley thanked her for the report and said that she is encouraged to hear that attendance is up. Motion: Commissioner Kelley moved to accept FY21/22 fourth quarter report on operations of the Schoolhouse Children's Museum. Commissioner Hay seconded the motion. The motion passed unanimously. Item 6H - Proposed Resolution R22-176- Approve and authorize the City Manager to sign an amendment to the current agreement with Motorola Solutions Company to provide the City of Boynton Beach with a $1,303,256.50 Technology Credit for PremierOne cloud hosted/on-premise solution to the Computer Aided Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well as ancillary products and services. Chief Joe DeGiulio spoke about the records management system and what they :, Page 420 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 previously had. He said that they looked at new systems and the credit that they received can be used towards a new system. Motion: Commissioner Hay moved to approve Resolution No. R22-176. Commissioner Turkin seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for December 6, 2022 - "Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R22-182- Approve and authorize the City Manager to sign a piggyback Agreement for the purchase OT Cyber and Network Design Services from GrayMatter Systems, LLC of Warrendale, PA in the amount of $71,205 utilizing Collier County contract 17-7189 and Approve and authorize the City Manager to sign a piggy -back Agreement for the purchase of network equipment from GrayMatter Systems LLC of Warrendale, PA in the amount of $313,529.55 utilizing GSA schedule 47QSWAl8D008F. The Collier County and GSA contracts comply with the City of Boynton Beach's competitive bid requirements. Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000. Commissioner Kelley seconded the motion. The motion passed unanimously. 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. 22-025 - Second Reading - Approve an amendment to the Boynton Beach Administrative Building Code by creating Section 110.11.1 - 110.11.16 of the 7th Edition (2020) of the Florida Building Code to create, implement and enforce a Building Milestone Inspection program. City Attorney Cirullo read Ordinance No. 22-025 by title. Adam Temple, Assistant City Manager, gave an overview on the item. He said that p Page 421 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 there have been no changes since first reading. He stated that this is a result of the tragedy that happened in Surfside, Florida. He explained the inspections that will be necessary with this ordinance. Mayor Penserga asked what happens if someone failed. Assistant City Manager Temple stated that they would go through an enforcement process and explained what would happen. Mayor Penserga asked about the impact on current buildings that have not met the 25 years but are unsafe. Assistant City Manager Temple explained that the program is for structures within the limited criteria. He stated that there is an unsafe structure process that allows the City to address concerns. Commissioner Hay asked if they would take into consideration the location of where the buildings are, due to the salt damage of properties closer to the water. There was further discussion regarding prioritization of which structures will need to be inspected. Public Comment: Darrin Cunningham stated that his concern is that it was not codes that failed, it was corruption. He asked what mechanisms we have in place to safeguard against corrupt builders. Susan Oyer said that it is not strict enough and it should be 10 and 20 years, and that we should be leaders in this. Virtual Speakers: None. Assistant City Manager Temple stated that the City has taken a leadership position, taking a more stringent requirement. He spoke about this not being complete at the State level, and that the Senate Bill does address the concerns regarding corruptions. Commissioner Kelley asked if they had a number of buildings that fall under the 25 - year requirement. Assistant City Manager Temple stated that he did not have a breakdown with him, but they have identified all of the structures, and the State will be providing information to them as well. Commissioner Hay asked about best practice and if there is a specific number that 10 Page 422 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 other cities have placed. Assistant City Manager Temple responded that 25 years seems to be a magic number and that the Senate Bill has a 30 -year requirement for properties 3 miles from the coast, but theirs is 25 years Citywide. Commissioner Turkin moved to approve Ordinance No. 22-025. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. Assistant City Manager Temple spoke about the next steps. 9. City Manager's Report- None 10. Unfinished Business A. Amend ARPA Small Business Assistance Grant Program guidelines and funding from $345,000 to $350,000. Mayor Penserga stated that most of these items were initiated by the prior Commission. He explained what the different ARPA Funds are for, and which items will need to come back to the Commission with an agreement. John Durgan, Economic Development Manager, explained about the history of this item, and what amendment they are requesting. He spoke about the ARPA Small Business Assistance Grant Program as follows: overview and funding amount; eligible uses- revenue loss mitigation, facilities, and business planning; eligibility requirements; additional program guidelines and anticipated launch; and questions. Mayor Penserga asked Mr. Durgan what criteria is considered for applicants. Mr. Durgan stated that what they mainly look for is a business that had a major loss of revenue during Covid. Mayor Penserga asked about oversight and if the businesses report back to him. Mr. Durgan stated that it will be in the agreement that they have to report what they use the funds for. Commissioner Hay stated that he would like to prioritize those that have not received funding from CRA, the City, or the County. Vice Mayor Cruz that she would like to prioritize those that have not received funding from anywhere else and focus on business in the entire City. Page 423 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Commissioner Turkin agreed. Commissioner Kelley agreed with the Commission. She said that $10K is not a lot, and asked what is the average amount that is being requested. Mr. Durgan stated that there is already a set limit, so they do not know what the average is, but typically the loss is greater than $1 OK that is being reported. Commissioner Kelley stated that she does not want to limit it to $10K, if there is a greater need. She mentioned that the County is doing $25K and CRA is doing $1 OK. Mayor Penserga asked what number she would be comfortable with. Commissioner Kelley said that she is thinking $20K. Mayor Penserga said that he is comfortable with $20K and would add that they increase the total amount, and for staff to consider why the businesses were not able to get other funding. Vice Mayor Cruz agreed with the $20K, but said that they are decreasing the number of businesses that get the help. She spoke about possibly doing another pilot program if this is successful. She mentioned that sometimes the businesses did not have the staff or knowledge to fill out the grants, and it would be helpful to have staff that helps the businesses through the grants. Mr. Durgan explained that they are hiring one person right now and are looking to hire someone else. Commissioner Hay asked how many businesses were supported the last time they had this program. Mr. Durgan stated that there were no applications received the first time around, but he believes that there will be more than 30 businesses so he estimates that there will be about 40-50 applicants. There was discussion regarding the following: how many businesses will be helped; the types of businesses that are being helped; having a tier system similar to the CRA; tiering the businesses based off of loss revenue; going from $350K to $1.2 million in funds; this being a pilot program and getting it started; CRA Grant Program being extended to the City with these funds; and the difference between the CRA tier system and this one. Mr. Durgan said that the only difference is that the CRA is a commercial buildout, and the ARPA funds have to be Covid related costs. 12 Page 424 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Vice Mayor Cruz asked if Mr. Durgan could come to the next meeting with the tiers and the amount that will be given for each tier. Mr. Durgan responded that he can do that and bring that back. Mayor Penserga stated that there was consensus for the following: raise cap up to $20K, prioritize small business that did not get Covid funds; funds will be available to businesses throughout the City, not just CRA region, consider revenue loss for the tier system; and total amount being capped can be based off of what staff comes back with. B. Approve the use of ARPA funding in the amount of $848,500 to the School District of Palm Beach County on behalf of Boynton Beach's nine (9) public schools. The funding will be allocated accordingly and sub -recipient agreements which will be brought back to Commission for final approval: Freedom Shores Elementary Forest Park Elementary Poinciana STEM Elementary Galaxy E3 Elementary Crosspointe Elementary Rolling Green Elementary Citrus Cove Elementary Congress Middle Boynton Beach Community High Mayor Penserga stated that there were only a couple of schools that previously received funding from the City. He explained that the schools have made significant progress since Covid. He mentioned that $5k will not make a big difference, and he is requesting $100K to each of the schools, and that it would be a game changer for every school. Commissioner Turkin stated that this is great, and he is in support of it. Dr. Peter Licata, Regional Superintendent, stated that he is a Boynton Beach resident, and he manages and runs 61 schools. He said that the schools in Boynton Beach were part of the most disadvantaged groups, and they are on the cusp of doing something unique. He commented that the teachers are exhausted, and there are pieces that are missing. He said that they will sit down with the principals and make the decisions on what they will spend the money on, that will help the schools become higher graded schools. Vice Mayor Cruz stated that she met with the principal at Congress Middle School and Boynton Beach High School, and she explained the tours that she had. She said 13 Page 425 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 that a lot of the things she saw in the schools will not attract people to Boynton Beach. She wants to make sure that Congress Middle School gets a new Piano. She spoke about the Boynton Beach High School needing shade in their courtyard. She asked for the Commission to be on the oversight committee. Mr. Licata explained that improving morale and culture is significant. He said they would treat the funds respectfully. Commissioner Hay stated that if we do not invest in our kids, what are we here for. He said that maybe they can encourage other cities to do the same thing and give funding to the schools in their City. He spoke about replacing some of the equipment at the different schools. Mr. Licata spoke about running some of the programs that they have in the different schools. He mentioned the new assessment programs that they will be going through. Commissioner Hay asked if there is common strain throughout the schools. Mr. Licata stated that math has been hit hard. Commissioner Kelley stated that this is a unique opportunity to support our kids, and she is excited to see what the schools come up with, and would love an update on what they use the funding for. Mr. Licata stated that they are 1 to 1 for each child with computers, and if a school does not have the funding for the computers, a kid might have to wait a few days for a computer, which would delay their learning. Commissioner Kelley spoke about improving the broadband for students and staying on top of that need for them. Mr. Licata stated that he can get the data and submit it to the Commission. There is consensus from the Commission to bring the agreements back. Motion: Commissioner Turkin moved to approve use of ARPA funding in the amount of $848,500 to the School District of Palm Beach County. Commissioner Kelley seconded the motion. The motion passed unanimously. C. Approve the use of ARPA funding in the amount of $350,000 to develop and implement the Boynton Beach Internship Program for high school and college students. 14 Page 426 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Kathryn Matos, Assistant City Manager, stated that this is a game changer, and this is an opportunity to put Boynton Beach on the map. She said that this would cover juniors and seniors in high school, college students, and recent graduates. She gave kudos to staff for their help in this program. Vice Mayor Cruz asked if it included recent graduates, and if it could be a year out. She asked what they could do as an intern. Danielle Goodrich, Deputy Director Human Resources and Risk Management, spoke about the different opportunities that they would have in every department. Commissioner Kelley stated that this is a great opportunity and spoke about kids not knowing what jobs are being done in the City. Commissioner Hay commented that this internship program is long overdue, and if he could be of help, he is happy to do so. Mayor Penserga requested that we prioritize Boynton Beach students. He stated that he found out about a staff member that went from cleaning to an administrative assistant. Commissioner Turkin requested that Veterans be prioritized too. Vice Mayor Cruz stated that she would like to include people that graduated in 2020 and forward because Covid did not allow a lot of people to have these opportunities. Public Comment: Cindy Falco Di Corrado stated that she is all for students, but there are many middle- aged people and seniors that are displaced as well. She asked where the money is coming from and if their taxes are going to go up. Virtual Speakers: none Motion: Commissioner Hay moved to approve the use of ARPA funding in the amount of $350,000 to develop and implement the Boynton Beach Internship Program for high school and college students and Veterans. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Vice Mayor Cruz asked that the funding be clarified. Assistant City Manager Matos stated that the ARPA funds come from the Federal government. 15 Page 427 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 D. Approve the use of American Rescue Plan Funds in the amount of $50,000 to go to the Wounded Veterans Relief Fund. A sub -recipient agreement will be brought back to Commission for final approval. Commissioner Turkin stated that he brought this up at the previous meeting. Mike Durkin, Executive Director Wounded Veterans Relief Fund, said that he is a combat Veteran and now he runs the Wounded Veterans Relief Fund. He explained what they help Veterans out with. He stated that they would like to help out with housing for Veterans. Mayor Penserga asked how they identify where the Veterans are. Mr. Durkin stated that they mostly come from the VA, and there are criteria to be able to help them. He said that these funds will be earmarked for Boynton Beach Veterans. Vice Mayor Cruz asked if they could support other Veterans in addition to the wounded ones. Mr. Durkin spoke about the criteria that the wounded Veterans have to meet. Mayor Penserga stated that he would like to prioritize Boynton Beach residents, but not limit it to them. He said that he would like to hear about the stories of where these funds are going to. Commissioner Turkin stated that this organization is great, and he told a story about a single mom that was homeless that now works with them and has a home. Motion: Commissioner Turkin moved to approve the use of American Rescue Plan Funds in the amount of $50,000 to go to the Wounded Veterans Relief Fund. Commissioner Hay seconded the motion. The motion passed unanimously. City Manager Dugger stated that the stories can be sent to him. 11. New Business A. Presentation by Mario Guzman, Director of Public Works and Poonam Kalkat, Director of Utilities on the status of infrastructure within the City. Mario Guzman, Director of Public Works, stated that he would like to have a workshop regarding this. He said that they have projects that are shelf ready, just waiting for funding. 16 Page 428 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Mayor Penserga stated that he asked for this presentation to see what the needs are, to them prioritize the projects, and see what funds they need. Mr. Guzman spoke about the Public Works & Utilities Infrastructure Update as follows: public works infrastructure analysis; paving needs; sidewalks; pedestrian connectivity; structures; facilities; and Public Works Compound. Mayor Penserga asked if there is any money set aside at all for the Public Works Compound. Mr. Guzman responded no, there is no funding for it, but this is needed. He continued his presentation as follows: additional facilities; parks needs; miscellaneous; recap & funding; and questions. Mayor Penserga said that he would like to see a priority list of the projects that are on the verge of happening and to consider all parts of the City. Commissioner Kelley stated that it nice to have a true idea of what the improvement needs are, so that they can plan accordingly. She said that he agrees with the Mayor on a priority list. She asked to know what is already being funded, and what are wants and needs. Commissioner Turkin said that a lot of this stuff is eye opening. He spoke about what other cities are using the ARPA funds for. He said that we need to figure out how to make more revenue and apply for more grants. Mr. Guzman stated that Tess has been doing a great job with helping to get grants. Vice Mayor Cruz thanked staff and said that this makes her think about how much money they do not have. She spoke about having a pier on the beach in the future. She said that there will be about $2 million dollars towards a communication tower that is needed, and we should secure that money, just in case we do not get the grant that was applied for. Commissioner Hay concurs with the Commission. He stated that he would like a real list to come back so that it can be prioritized. He asked on scale from 1-10 with 10 being the worst, how bad are the bridges. Mr. Guzman said that the bridges are safe but said they are at a 6. He stated that it would take a few years to actually get the repairs done. He said that this is them being proactive, and that the sidewalks are a priority. Commissioner Hay stated that many students have to walk on the street, and he wants everyone to be safe that are walking on the road. He asked how they determine 17 Page 429 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 the priority. Mr. Guzman stated that sidewalks that have cracks are easy to fix, but many are nonexistent. He stated that they have more needs than wants. Poonam Kalkat, Utilities Director, stated that she wanted to bring a vastness of what they need. She spoke about the following: City boundary and service area map, and budget; and distribution system and reclaimed water system. Mayor Penserga asked if there is a map of where the oldest pipes are. Ms. Kalkat stated that we have GIS of where the pipes are, but they are working on making it better. She continued her presentation as follows: sewer collection system; lift stations; stormwater; east water treatment plant and west water treatment plant; water meters and district energy service chiller plant; monitoring tools; prioritization criteria for projects; projects completed 2015-2022; projects scheduled 2022-2027; and planned studies. Mayor Penserga asked for the priority list from Utilities as well. The Commission thanked staff for their presentation. Ms. Kalkat stated that they are looking at different funding sources. 12. Legal A. Proposed Ordinance No. 22-024- First Reading - Approve the establishment of the Mixed -Use Downtown (MU -DT) zoning district (CDRV 22-004) amending Part II Land Development Regulations Chapter 3. Art III. Sec 1.E (Table 3-4). Mixed Use Urban Building and Site Regulations and Sec 5.C.1. Building and Site Regulations (Table 3-22). City Attorney Cirullo read Ordinance No. 22-024 by title into the record. Amanda Radigan, Planner, stated that the ordinance has evolved since they first met. She spoke about the proposed amendment to urban mixed-use. Commissioner Turkin recommended going to 60 in density instead of 70. Commissioner Hay stated that he does not have a problem with the density at 70. Vice Mayor Cruz asked how much more density a builder can add in addition to what is decided today. 18 Page 430 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Ms. Radigan explained that it is 25% above density, but she mentioned that there is an overall buildable maximum. She commented on half units, which is a workforce strategy. Vice Mayor Cruz asked about affordable housing and requirements to builders. Ms. Radigan explained the different programs builders can opt into for affordable housing. Vice Mayor Cruz said that she would like to remove the "pay in lieu of option. Mayor Penserga asked how they came up with 70 du/ac. There was discussion regarding the density of 70 du/ac; participation of workforce housing program; and payment in lieu of or additional density program. Commissioner Kelley stated that she is comfortable with 70 density. Vice Mayor Cruz supports a density of 60. Commissioner Hay supports a density of 70. Commissioner Kelley said that if it was due to infrastructure instead of a negotiation tool, she would be behind a density of 60. Ms. Radigan stated that every new property goes through a concurrency review and that there are impact fees that are built into the cost. Commissioner Turkin said that the majority of the new district, is in his district, and the residents do not like more density because of traffic. He stated that he sees a win-win with reducing density. He spoke about the issues with calls to service in different areas of the City. Vice Mayor Cruz asked about the affordable housing fee and how can we spend those funds. She said that she agrees with 60 density. Mayor Penserga stated that he did not ask about the implications of going with 60, and that 70 is a compromise between 60 and 80. He stated that he is going to support current staff recommendations. Commissioner Hay agrees with that logic, but he is not set on it. He said that he will go with staff recommendation. Motion: 19 Page 431 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 Commissioner Turkin moved to approve Ordinance No. 22-024 on first reading with a density to be 60 units per acre. Vice Mayor Cruz seconded the motion, for discussion. Vice Mayor Cruz stated that she understood that whether it was 60 or 70, it would be within the same zoning district, and asked if it changes anything legally. City Attorney Cirullo said that they are establishing the rules now, so there is nothing illegal. Ayes — Commissioner Turkin, Vice Mayor Cruz Nays — Commissioner Kelley, Commissioner Hay, Mayor Penserga In a roll call vote, the motion failed. Motion: Commissioner Hay moved to approve Ordinance No. 22-024 on first reading as is. Commissioner Kelley seconded the motion. Ayes - Commissioner Kelley, Commissioner Hay, Mayor Penserga Nays — Commissioner Turkin, Vice Mayor Cruz In a roll call vote, the motion passed 3-2. Commissioner Turkin asked if when this gets to second reading, can it be amended. City Attorney Cirullo responded yes, it would not need to go back to first reading. Commissioner Hay said for everyone to enjoy their holidays. Commissioner Kelley asked to add an update on Ecopark to Future Agenda Items and updating the affordable housing ordinance. 13. Future Agenda Items A. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. - January 2023 B. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga. - January 2023 C. Continue discussion on adding a new sister city based on recommendations from Boynton Sister Cities. - January 2023 20 Page 432 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 6, 2022 D. Consider revised local rules for approval. - January 2023 E. Legal options for preserving the future park site in the Meadows subdivision as green space, requested by Commissioner Kelley. — TBD F. Discussion regarding the potential research into a coral reef at oceanfront park to attract tourism and help repair damage caused by humans to the environment, requested by Commissioner Turkin- TBD 14. Adjournment Motion: Commissioner Kelley moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 10:45 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jes6s, MMC City Clerk 21 Page 433 of 568 Minutes of the Special City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Thursday, December 15, 2022, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Angela Cruz Mike Cirullo, City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay Invocation was given by Commissioner Hay Pledge of Allegiance to the Flag led by Mayor Penserga Mayor Penserga led the Pledge of Allegiance to the Flag. B. Closed Door Session As publicly requested at the November 14, 2022 City Commission Meeting and in accordance with Section 286.011(8) Florida Statutes, the City Commission will hold a closed -door, private attorney-client session on Thursday, December 15, 2022 beginning at 6:00 p.m. to discuss 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 In attendance will be the City Attorney Michael D. Cirullo, Jr., Special Litigation Counsel Thomas Baird, Special Litigation Counsel Joanne O'Connor, City Manager Daniel Dugger, a Court Reporter, the Mayor and City Commission. Some Page 434 of 568 Meeting Minutes Special City Commission Meeting Boynton Beach, FL December 15, 2022 participants may attend telephonically or by communications media technology (CMT). Approximately 60 minutes will be needed. Michael Cirullo, City Attorney, read the title of the case into the record. Mayor Penserga called for a recess for the Closed -Door Session at 6:03 P.M. C. Resume the Special Meeting Mayor Penserga reconvened the meeting at 6:56 P.M. Attorney Cirullo asked for a motion to place this item on the January 3, 2023 Commission Meeting. Motion Commissioner Hay moved to place the item on the January 3, 2023 Commission Meeting. Commissioner Turkin seconded the motion. The motion passed unanimously. Commissioner Turkin asked for all relevant resources for this meeting and that we advertise this to the public. Daniel Dugger, City Manager, asked if they would like it on social media. Mayor Penserga responded that they should do whatever it is that we normally do to communicate this to the public. 2. Adjournment Motion Commissioner Kelley moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 6:58 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk F Page 435 of 568 Meeting Minutes Special City Commission Meeting Boynton Beach, FL December 15, 2022 Page 436 of 568 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, December 20, 2022, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jes6s, City Clerk Mayor Penserga called the meeting to order at 6:03 P.M. Roll Call City Clerk Maylee De Jes6s called the roll. A quorum was present. Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin Commissioner Turkin led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Commissioner Turkin moved to approve the agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. Invocation by Commissioner Woodrow Hay Invocation was given by Commissioner Hay Moment of Silence Honoring Sergeant Dennis Castro ALL ITEMS HAVE BEEN RESCHEDULED TO THE JANUARY 3, 2023 CITY COMMISSION MEETING. 2. Adjournment Motion Page 437 of 568 Meeting Minutes City Commission Meeting Boynton Beach, FL December 20, 2022 Commissioner Turkin moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 6:13 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jes6s, MMC City Clerk Page 438 of 568 7.A. Requested Action by Commission: Approve the purchase of Water Meters and Equipment with Sensus USA as an awarded vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus's Advance Metering I nfrastructure (AMI). Items will be ordered on an "as needed" basis for the estimated annual expenditure of $950,000. Explanation of Request: On November 7, 2017, Commission approved a five (5) year renewal agreement with Sensus USA for Advance Metering Infrastructure (AMI) which has an additional automatic 5 year renewal. This agreement is to maintain the standardized meter reading equipment efficiency. As part of this agreement, the City will purchase new meters and their components from Sensus to add to the system, as well as any replacements that may be needed. The AMI transition obtained substantial completion in the Summer of 2014. Utilities have been using AMI fully across the service area since 2014. Sensus provides a quote which locks their prices for a period of time, most often a year. This request is for annual purchases until the end of this agreement. FY 20/21 and 21/22 expenditures were low due to the pandemic. Utilities is anticipating a large amount of replacements and new meters for construction for this fiscal year. Hence the increase in estimated expenditures. How will this affect city programs or services? The purpose of this purchase is to secure a source of supply for the equipment for Sensus AMI. The equipment will be ordered on an "as needed" basis and stocked within the City's Warehouse. Fiscal Impact: FY 19/20 Expenditures were $500,607.99 FY 20/21 Expenditures were $356,870.69 FY 21/22 Expenditures were $382,020.73 Alternatives: Not to proceed with the purchasing meters and components from Sensus USA. This is not recommended since the system requires Sensus products. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 439 of 568 Is this a grant? Grant Amount: Attachments: Type AddE)indUlirn AddE)indUlirn Description SE)IIISLAs AgrE�1ENrYIENI'lt SENIISLAS QLAOtE) Page 440 of 568 Illllllllllllllllllllllllllll�ll�llt�ll Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllt IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� SEnsus Amendedand Restated Advanced Metering, Infrastructure ( II) Agireement WHEREAS, Customer and Sensus previously entered into an Advance Metering Infrastructure (AMI) Base Terms Agreement dated May 21, 2012 (the "Previous Agreement"), and WHEREAS, the Previous Agreement ended on May 21, 2017, and WHEREAS,the parties wish to ratify the continuation of the Previous Agreement through the Effective Date of this Agreement; and WHEREAS, the parties wish to amend and restate the Previous Agreement by entering into this Amended and Restated AM[ Agreement (the "Agreement"), and the terms and conditions of this Agreement shall control the relationship between the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duty authorized representatives as of the day and year written below. The date of the last party to sign is the "Effective Date." This Agreement shall commence on the Effective abate which is the date of the last signature below and continue for five (5) Years ("Initial Term"). At the end of the Initial Term, this Agreement shall automatically renew for an additional term of 5 years ("Renewal Term"'). The "Terre" shall refer to both the Initial Term and the Renewal Term. i Pricing remains firm until 4/30/2018 ("Tri All purchase orders shall be sent to the address provided by Sensus. Sensus may change this address upon notice to Customer. Customermffzauuuzuam :. nton Beach Name: Lori L&Vektiere ee' Title: City Manager ■. November 17, 2017 Contents of this Agreement: AMI Agreement Exhibit A Software Exhibit E Technical Support Exhibit E Pricing Exhibit D Statement of Work Exhibit IE Product Warranties Exhibit F Propagation Analysis Exhibit G through I are Intentionally omitted Customer order acknlowted'gements shall be sent to; (insert email l address or fax number) address,email .eapplicable) /00 I� I Page 441 of 568 moo= NMI= sEns MMW= Spectrum A, Spectrum Lease. Y. pruviouOy entered Into a spectrum manager �easa on May 21, 20112 (the "&ggEk�), which �-. hereby specificalty incorporated by reference. To Me extent the Spectrum Lem may be Interpreted to have explred in May 2017, the parties hereby ratil'y the extension of tk! Spectrum Lease to continue unchanged and unaffected from May 21, 2012 through the end of the Term of this Agreement subject tD the terms and candklow� of the Spectrum Lease. (0=44791 306-9001821) 1 Page 2 of 21 Page 442 of 568 MiIMIMIIN ovum MMMM sEnsus 5. General Terms and Conditions. A. Payment All payment and pricing is subject to the terms in Exhibit C, B. 1.1mitaflon of LlabllfiI W121544791A 3p&DO01021) 1I Page 3 of 211 Page 443 of 568 SEnsus NMI= ID0204479.1 306-9=1821) 1 Page 4 of 211 Page 444 of 568 MEN= sEnsus MEN= 1 Page 5 of 21 Page 445 of 568 i�llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll� Illllllllllllllllllllllllllll�u illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll�u Far Nt A Seftmrs kN--" .'Ie w e "W 1 W 1 It, 1"A 111 iY f W, 1 `.nW % 1 W >•C e; 'll W�. a � +Wt'. N�In '.i W.�R F" W.i�.i 4 ni� Ie NW "W W Y N •.....,• �.. X W eP ,1.'. . t � 1 1 NV,�I •.. Fk w F'N 'SKF .nd. *. ° nn Fa'1 ~ ..^ 1 WW 1 � .Nr'"F• .. 1 t..d Y` ' �.. ° Ix + � W N b.4"i ' WI 'o S .4},: ,...a. � 'o a i^i' W unt a 1 1. A' a °' i ^"n. n;- n ,..` F•, W' Wn-:'" 'n W': tW a II ' I N' a A.# l W N 1^ I P" it 3 W 1 W W k' �+ M. • h t. . M ',. ,,: n^ ¢�1. k 1* k'.. I .. FF F: 1 I G S."1 i S. M i D. 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" 1;Y 1` 3 ".:" M -. 111w i1" X "1.'.n "1/A �':" 1 •.:.,. f %. 1. 1 f k.✓ I f I . MF". 1 1 '*' A 1 `111 bS 1 •: / Y YM M .1. �1 C I : ' �A, 1" :' ,. ^YI ` • FYI "' 1. �.; • e ' 1 •.'. i 4 a; � 1 n r r, 1ti f". 1 x 1 � 1� � ur +;i 1, Int. 1 wn rw. 1.,, ,1 . • . � w w... 1. .15 1 1 F. f *a 1:" w 1'. 1, 1 ,►n 1, A 1 MI % # 11 .'_. 11� iia 1 �1ao 1 t 1 - 1 1� .1 Ix. r 1 .rr+ r„: 1 c.1 1.. 1 •,, n K1 4 •« #� I 1 1 1 .I,M A 1 i ^ 1 '". In :+..- e.j, 1 +. 1, ,1.. ': 1 1 k1 1'y Y 'b.' 1 1 ':,.; i'..• 11'.X' 1 '.'k 11 {. 1^ n } '..t Y 1 In ••.. r1 � '4 :'.;r1 A` 1 r; Ip. # F4L •MF Zr • 11 P -N Fftm. does u Ye any of the follo,ydnig" Parts o„11r requireclFio—repair damage .1 any field G 1* equipment that 1- Force Maletire event. 11, Any integration between applications,4. as Haft would require a ProlessWal Services contract agreement Ila be scoped, submi'1 1. `s, 11" XN capplicable If an Rom Is not fisted' in subparagraphs In hem () above, such horn Is excluded from the! Software as a Service and is saboct to additional pricing. Further Agreements A. System Updme Rate k Sensus (or its contractor) shall manage and maintain the Applicabon(s) on computers owned or controlled by Sensus (or Its contractors) and shal' provide Cust# aoms to the ° 4Y 1" d 1 or i 1 poi c tManaged-Accessaccordingf 1 M . below.de n o maintain an average System Uptime Rate equal1 ninety-nine (99.0) per Month (as defined below). e 1 r Rate, cumulative .F1.. all Applications,1' calculated as follows: System Uptime Rate c MI x fTMO n oea D-OwnfilliN minutes in the Mo O (00204479.1 306.9001621) Psge7ef21 Page 447 of 568 =0000 NNW. ENIM sEnsus MEN= 11. $ensurr Aria"cs X Essential Package, The Essential Padurge of the Smus Analytim Appikation shall consist of the toliMing modules: 1, Device Access a, Abm search for meter details by using data Imported from tie Billing system or the Sensus Deyke ID or AMI ID b. Atkws a view of the meter interval or register reads c, Meter data Is avalla* to be copied, printed, or saved to certain user programs or file lonnats, specifically CSV, PDF, and Spreadsheet d, Allen the current and historical data to be viewed, e. Alkws the current usage to be compared to historical dhtdbuhon averages. 1, Allas the user to see the meter location on a map view, 002044799 W.90018211, Page 8 of 21 Page 448 of 568 w • a rc w, 1 ••, M U M �"bl '" w w..mw k' • r: •.Uo �.: i 6 5 w.` `M ' wwv w' -w 14i p4 -q. � wx "' fare. .wy �:.w y'� f:•' My d ". .i w^ w! i1y 1MM 0411 Lww yri w :M :, `+ A' 1 .A.' ♦ . 2: y 4+. .ww 1! & ... M' w Y yr y � f.? «y .. M .. ,. w ;. w y N ^w ".1v .# •w Ixl I �*, .,�w 5 By � ,. .yr . ., .. N #f #A ! �f '.». AK ! 1 y w 9 :•. f I r -'t ^� # A AXI' 1"" a ny If rlt •. wt.. F. .�. Ntr : ..a �..4..'. x+1� Xr.'..1 I:ly". w �:� N 1 w. „i r 4 w: '.C1 . w� w A e" 1 b it `.w.wy ♦5: �1 r y:w y. w "x 1 Z y" 5 w y 1 n ,� N 1. L :k 1m..., f F '• w �. J00204479 1 ,9001821) 1 Page 9 of 21 Page 449 of 568 illllllll�llllllllllllllllllllllllllll�NNE= sensusm1m= b. Out of scope and: subject to additional charges Will be the transfarmationof data wihiem business logn: Including code must be wrMen to modify the field content or N . of the data IW meet the Vil specifil 11, Sensue Integration services consists of four (4) hours of assistance (remote or on-site, as determined by Slensus), If addhional time Is needed to complete: the integration efforts, Sensus shall Invoice Customer for adidtionall fees on an actual time and materials basis. Fili It an Rom is 1; listed In subparagraphs, or above, suich Rom Is excluded from the integration of Sorl Analylics Support and is ! &". to additional M1 CustomerData Import. The Serl Analytim Application contains adapters for the import of data from: (a) Customers FlexNet AMI System: ardor (b) AutoRead application for handheld and drive by systems, as applicable, Customer AcknoWedgements. 1, Customer admowledges that the Sensus Anal�ytics Application provides up [a fifty (50) user logins. for Cusil use. f IA:.. and agreesApplication is based upon the actualbe A End Users within1 TerrAory. Pricing r: . F:r.`: it Customer'sService1 y or actual b -r of End Users expands, Ill Customer acknowledges that all data related to the Sensus Anallytics Applications is geographically hosted within the United Slates of Amerim. Customer accepts the geographic location of such bosting, sod indermll Sensus for any claims resulting therelmm, Customer b': 1^ and agrees that# Property provisions 1f th'sAgreennent applyrespects; %Customer'so and use of K Sensus Analyfics Applications. CiustomeriS responsiblefor validating the data analyzed by the Sensus AnaApplications.makes no promises of Improving operations or saying Customer money, nor Is Sensus liable for any damages resulting from clecisions made by Customer related to Customer's use of Sersus Analytics, Third Party Soll A RedHat Lfeux. If Sensm. is providing Customer with a ficanse in! use RedHiet I-Inux Software!, Customer agrees to the following! By entering A this Agreerl Custorneragrees al Y. and to be legallybound by 7 : terms h condirtions, of the! ...d Hat End User License! Agreements ro° a below,of corpa,•r Into w Agreement b referenceand are available at. websitesa bellow. Neese read the Red Hat End User License Agreements and Incorporated references carefu4, Subscription: End User License Agreement Red Hat Enterprise Unux hftp:/Mw,redhat.convlicensWrheLrha—euis.htmI Moss Enterprise Middle -ware http:tAyww,redhat.cm0icensesrjboss-.euta.htmI ��,72t}4�7"�.@ 3YJfs•°3�PJ'ttg2gp Iil 10 of 21 Page 450 of 568 NNW �w own= �iiiiiiiiiiiiiiiiiiii iii SEnsus Exhibit �M Tech"Wi Support Sensus Technical Services provides utility customers with a single Ont of conted for Tier I support of technical Issues as well as any Coordination of addonal resources required to resolve ft issue. Requests that require specialized skills, am to be forwarded to a senior support engineer or Technical Advisor within the team for further analysis, U Technical Services has exhausted all troubleshooting efforts for the product the issue will escalate to the Engineering Support Team, Occasionally, on-sile troubleshocitinglanalysis may be required, The preferred order ofon-slie support ls� a) The Customer (for assistancewith the easiest and lowest time-consuming acmes such as pDweron/power off), b) The local distributor. c) Sensus, employees or contmcied personnel, R required to fulfill a Contract comrOrnent. 2, Suppon Calegodes 2,1Generai questions regarding functionality, use of product, how-to, and requests for assistance on Sensus AMR, AMI, RIF Network Equipment, Metering Products and Seusus Lighting Control. 21 Proactive reporting and resolution of problems, 23. Reactive reporting to Wale, document, and solve reported hardwaralsoftware defects. 14, Responding to service requests and product chanqes 25 Addressing custerner inquiries with printed or electrwic documentoWn, examples, or additional explanatioWdarification . 3, Support Hours Standard Support Hour& Toil-finee telephone support (1400,638,3748 option #2) is available Monday thru Friday from 80GAMi EST to &GOPMAfter- hours:, holiday and weekend support for Sever4 I and SevOy 2 Issues is available by calling I -SM -638-3748, option #8, to Support rimcedums 4 1. Customer Identifies an issue or potential problem and calls Technical Services at I -BW38-3748 Option #2. The Customer Service Associate or Technical Support Engineer will submit a Support ticket 41 The Customer Service Associate or Technical Support Engineer will Identify the caller name and utility by the assigned software serial number, city, and state 0 which the call originated. The nature of the problem and seventy levels will be agreed upon by both parties (either at the Orne the Issue Is entered or prior to upgrading or downgrading an existing Issue) using the savorily 1` *I below as a guideline. The severity level is then captured Into a support ticket for creation and resolution processing, Any time during the processing of this kket, 9 the severity level Is changed by Sensus. the customer will be updated Save* Levels D' 11. SW1 Gustornaes production system Is down, The system is unusable resulting in total disrupticiii of work. No wof�amund Is available and raqwTes, immediate attention. Example: Network mass outage, all reading collection devices Inoperable, Inoperable head end software (e,g., RNI Software, Sensus MDM), SOV2 Major system featureffunction falurre, Operations am severely restrid4 there is a major dimption of work, no acceptable work-arl is availaI' e, and failure requinas Irmnedale attenticin. Example& Network, equipment failure (ag, FlexNel Echo, FlexNat Remote, Base Station transceiver, or VGB)i, lnoperaOee reading devices (e,g,, AR55001 VXU, VGB,, or Ccrmnandil-lnk)� head end software applk:86Dn has Important functionairty not working and Cannot create export fie for Wing system operations, Sev3 The! system, is usable and the Issue domO, aged Ofical overall operation. Example: Minor network equipment failure (e.g., EcholRemota false alarms or Base Station transceiver false alartns�; head end software application operable but reports are not running property, modification of view or sorne non-cribcal function of the software Is not running, SevAl Minor system Issues, questions, new features, or enhancement requests to be corrected in future versions, Examples: Minor system Issues, general questions, and 'How -TV questions. 1.1 The Customer Service Associate or Technical Support EAgIneer Identes whether or not the customer Is on support If the customer is not on support, the customer is advised of the service options as well as any applicable charges that may be billed. (002D4479,1 306-9001821) Page 11 of 21 Page 451 of 568 MEM11 NEEM MEN= SEnsus 5 Response and Resohdion Targets, SensuS Technlcal Support will make! every reasonable: effort to «....« IDIlowing response and resolution targs 6, Problem EscaWflon Process ithe normal support process does not produce the desired results, ord the severity has changed, the Issue Roy be escalated as follows to a higher levet of authority. Severity 1 issues are escalated by Sales or Technical Services to a Supervisor 9 not resolved within 2 hours; to the Manager level it riot resolved within 4 hours; to the Directorlevel Knot resolved within the same business day; and to the VP level It not resolved within 24 hours, 6.11 A customer may escalate an Issue by calling I -B4U38-3748, Option 2. Please specify the Support ticket number and Me reason why the issue Is being escalated, 6.1-1 to the event that a customer is not sailisfied with the level of support or continual problern,with their product, they may escalate a glyen Support ticket to Manager of Technical Services (1 -800-638-3748, Option 2) General SupNft Provisions and Exclusions, 71 Sensus provides online documentation for Sensus products through the Sensus User Forum (htip:&nykxnetsystem,cwNoduWUsef/Login), All Sansus custA mers are provided access to this online database, which includes operation, configuration and technical manuals. Sonsus also hosts periodic user group teleconferences to f,Mu hate the Interctiiinge of product Ideas, product eahancernent% and overall customer experiences, The customer shall provide names and emaill accounts to Sensius so Sensus my provide access to the PoM, 72, SpeclaRzed support from Srsus is available, on a fee basiss to address support issues outside the scope of. support plan or If nel covered under anothei specific maintenance contract For exannple, specialtecl systems Inhagration, services or out of warranly network equipment repair thal Is not covered under a separate maintenance contract. Page 452 of 568 immediately ass�n trained and qualified Satisfactory workaround Is provided, Services Staff to correct the error on an Program patch is provided, I expedited basis. Provide ongoing Fix incorporated Into future relem, communication on the status of a ,, Condon, - ft-, 1w * Satisfactory workaround Is provided. Assigntrained and qualified Services * PrIIIogram patch is provided, Staff to correct the error. Provide - Fix incorporated into future release. Mn as updalles occur. • Answer to question Is. provided, • Satisfactory workaround is provided. 6, Problem EscaWflon Process ithe normal support process does not produce the desired results, ord the severity has changed, the Issue Roy be escalated as follows to a higher levet of authority. Severity 1 issues are escalated by Sales or Technical Services to a Supervisor 9 not resolved within 2 hours; to the Manager level it riot resolved within 4 hours; to the Directorlevel Knot resolved within the same business day; and to the VP level It not resolved within 24 hours, 6.11 A customer may escalate an Issue by calling I -B4U38-3748, Option 2. Please specify the Support ticket number and Me reason why the issue Is being escalated, 6.1-1 to the event that a customer is not sailisfied with the level of support or continual problern,with their product, they may escalate a glyen Support ticket to Manager of Technical Services (1 -800-638-3748, Option 2) General SupNft Provisions and Exclusions, 71 Sensus provides online documentation for Sensus products through the Sensus User Forum (htip:&nykxnetsystem,cwNoduWUsef/Login), All Sansus custA mers are provided access to this online database, which includes operation, configuration and technical manuals. Sonsus also hosts periodic user group teleconferences to f,Mu hate the Interctiiinge of product Ideas, product eahancernent% and overall customer experiences, The customer shall provide names and emaill accounts to Sensius so Sensus my provide access to the PoM, 72, SpeclaRzed support from Srsus is available, on a fee basiss to address support issues outside the scope of. support plan or If nel covered under anothei specific maintenance contract For exannple, specialtecl systems Inhagration, services or out of warranly network equipment repair thal Is not covered under a separate maintenance contract. Page 452 of 568 sensus I am COmparing Decanter 2013 and December 2014 figures, Equipment Invoices for all Field Devices, RIF Field Equiprnent, Server Hardware and any other goods sold by Sensus hereunder shelf be delivered along with the relevant goods im Iwr 4. 'Irf"�Wnf I - - - - - - - - - - - - onI. percent 1%) per month In accordance with the Floddi Proarpt Payment Actor (4) the highest rate permitted by applicable law (cMfr ely,'Interest Mel. i it, m b 1 775 M MM Tr3i TOW anR othe(taxes (whether local, state or tederaij imposed on this Agreement o(Y goods, services, licenses, and/or ate rights prommW IWO uslomerhereunder Delivery and Packaging. Customer shall pay for delivery of the Equipmeril from Sensus! or Sensus' cont racled manufacturers' factory to Cuslomer's warahmse. Sensus Shipping and completion dates quoted by Sensus am made in goW faith but are not guaranteed. RMIb@qeftlaAeV,4rKv. kleO�Airv. SArssis Tr!?v 4iftl jqfi-so fte. CITIrm;7 Seesus USA Inc. PO ft 487 Uniontow, PA 15401 AM Customer Service Fax: S 0240 Emait� lconuppod@sensus,com (00204479,13004001821) 1 Page 13 olf 21 Page 453 of 568 MONOMI 450NOOGSIMIROMM amosom P1.0. BU487 mown" WIDnIom. PA 15221 USA sEnsus WXM' sEnsus Page I 1m Iti -74 QUOTATION WWW'04"U$.COM Your Quote Number: 28578 Reference. SA ENHANCED &CP Bill to Customer: 084060 ATTE24TION WAVEYA BRANT BOYNTON REACH CITY OF PURCHASING DEPARMENT Po BOX 310 BOYNTON BEACH FL 33425-0,310 'U& Salesman- HERRON BROCK Terms: NET 3 O� DAYS Line Description I Part# - SSX46MMICUMM SAAS W/SFTWR RNI 3.X >35K WM RNI 3.X >35K SERVICES WATER YEAR 1 2 Part:#- MS RNI SAAS ANNUAL RNI SAAS FEE YEAR 2 3 Part#.- MS RNI SAAS ANNUAL RNI SAAS FEE YEAR 3 4 Part#: MS RNI SAAS ANNUAL RNI SAAS FEE YEAR 4 5 Part#: MS RNI SAAS ANNUAL RNI SAAS FEE YEAR 5 6 Part#- MS SU RNI SAAS1 SETUP RNI SAAS, FEE 0-34,999 WTR/GAS Ship to Customer; BOYNTON REACH CITY OF PO BOX 310 PURCHASING DEPARMW BOYNTON BEACH FL33425-0310 Effective Date: 5/'04/17 Expiration Date- 4/30/18 US Dollar Quantity U/M Unit Price 1 Ek 38,512.210 1 RA 39,667.580 1 EA 40,857.600 I &A 42,083.330 I EA 43,345.830 romp Thhi Qw*don Is sn oftr Io jW1 wW* bducku wW is sutow Ia ft &mm Mckfint Sysum Tarns ofSdc wabblo For vkwk% and do"loadint w hy;I;%yw.KNu.comic Pkw cm*a Coslaw Savite x 140043&3749 iryou we unamr toaccm d& sik ad to"im a prk*d ropy or th, Twu ors" (00204479A 306.9001621) Page 454 of 568 sEnsus Page 2 utvwm� 450NOOCAIMInAmut t. 4t 4gjjXjM P.O. Box 487 1-00"38-3740 wwwwwo Uniontown. PA 15221 USA WWW."ft$U$.COM Your Quote Number. 28578 sensus US Dollar Line Description Quantity U/M Unit Price 7 Part#: 5396353700535E 1 EA 32,335.310 SENSUS WTR ANALYTICS ENHANCED >35K ANNUAL FEE S Part#: 5396383700535F I EA 33,305.37:0 SENSUS WTR ANALYTICS, ENHANCED >35K ANNUAL PER 9 Part#: 5396383700535F I EA 34,304.530 SENSUS WTR ANALYTICS ENHANCED >35K ANNUAL FEE 10 Part#; 5396383700535F I EA 35,333.670 SENSUS WTR ANALYTICS ENHANCED >35K ANNUAL FEB 11 Part#: 5396383700535F 1 RA 36,393.680 SENSUS WTR ANALYTICS ENHANCED >35K ANNUAL FEE 12 Part#- 5399383700521A I EA 2,000.'000 S'EN ANLYTCS SYSTEM SETUP WATER <5K SENSUS RN CUSTOMER 13 Partif: PS SA CUSTOM I EA 5,0010.000 SENSUS ANALYTICS CUSTOM BILLNG INTEGRATION FEE! 14 Part#- SA WTR CP 1.5 1 EA 6,250.000 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USE FEE 0-1500 YEAR I is Part: SA WTR CP 1.5 1 EA 6,437.500 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USE FEE 0-1500 YEAR 2 16 Part#. SA WTR CP 1.5 1 EA 6,630.630 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USE FEE 0-,1500, Ithis Quatodw Is, an 001 to Stu witich w4odn mw Is ti*)tvi to the $am melmrins, syliffm Tmm Dfsok mnlmle rw VJCWWg and prhifodeWotthoisms orsaw 4002044791 106-W01821) I Page 15 021 Page 455 of 568 OEM= omm" MEN= SEnsus Page 3 12AMM 45011400GAIMWAVOM 1 d XIVI PA DW 487 1-1110I 10� Unlenhawn, PA 15221 USA war w"sullcu" Your Quote Number: 28578 SEnsus US Dollar Line Description Quantity U/M Unit Price YEAR 3 17 Part#: SA WTR CP 1.5 1 EA 6,829.540 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USIA FEE 01-1500 YEAR 4 18 Part#- SA WTR CP 1.5 1 EA 7,034.430 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USE FEE 0-1500 YEAR 5 19 Part#: SA WTR CP OVRG 1 EA 2.400 WrA CONSUMER PORTL OVERAGE FEE 20 Part#:: SA SU WTR CP I EA 5,000.000 WFR CONSUMER PORTAL SET UP FEE WITH SENSUS ANALYTICS 21 Part#i PS SA CP CIS 1 EA 11,000.000 SENSUSANALYTICS CONSUMER PORT' CIS INTEGRATION FEE 22, Part#: PS SA CP TRAIN I EA 2,000.000 SENSUS ANALYTICS CON SUMR PORTL TRAINING BOYNTON BEACH HAS 35,319 SERVICES. BOYNTON REACH TO INCLUDE P.O. NUMBERS FOR BILLING ON YEARS 2 - 5 FOR ANNUAL FEES THAT WILL BE BILt8D AUTOMATICALLY WITH INCREASES YEARLY AS QUOTED. MOVING FROM LOGIC MLH TO SA ENHANCED. FULL FREIGHT ALLOWED. FOR SHIPPING POINT. CASE - 00507230 Thh Qmuitlon is in aft to sell which www as WWI is A*jr4 to who os Mckfivg SysWu Tom GrSde evsWe %W *wing vA 11-M-63S-3741irym ewe ureWwwomidds silt ad M"Im a 1I taWofft Tam *Mlc. 1002044791. - 1421) Page 16 of 21 Page 456 of 568 sensus MUMM 450 Narlh "idin Averwe 1 d liftlklo PA BoX487 10"30.M$ WWAMOM UnIcontown PA 16221 USA wwwa sonsus.com Your Quote Number: 28578 US Dollar sensus Line Description Quantity U/M Unit Price 1:9 Z:W%j -.1[44 W01 2) IF MODIFICATIONS IN METER MATERIALS OR PROCESSING ARE REQUIRED TO MEET NEK REGULATIONS, THE PRICING SUBMITTED IS SUBJECT TO IWEDIATE CHANGE Thank you for your interest in quality products by Senous. Current as of: 5/05/17 Correspondence: Purchase Orders% SENSUS SENSUS 707 WINUMERE DRIVE PO BOX 487 13OWLING GREEN, KY 42103 UNIONT04N, PA 15401 sensus.ordersesensus.com PHONE: 800 -METER -IT 800-638-374B ROBERT WHITTAKER Regional Sales Manager This Qumfion is in oMr to scit which Wduda; zW is %UtJW Wft Scam We**gSytWu Tcm ofSik wadWs fbr vkwiag ud (00204419.1 3WOW1021) Page 17 of 21 Page 457 of 568 Exhlbft D Statement of Work L Gameral Responsibilities, A. sonsus wilt: senses 1, Conduct a propagation sludy to detemnine the locations it soled for Instalidtion of the Fle" Base Stations and 1p ensure proper cornmunicafirms with end point transmitters and the RNI. lb. Cusiomerwill: 1, Provide a key point of contact to work with Sonsus to help tacilitate a timely installation of the FlexNet systetm 2, Provide Sensus a map of its Service Territory with latitude and lornillude ftnj coordinates of its Service Territory boundaries, a list of motor locations, and a list of preferred Customer tower locations. 3. Work with Sensurs to develop a shipping schedule to include netwo andmetering components for the Sensus AMI System. The shipping sched0e M be updated at least quarterly, but may be updated on a more ftectuard basis as Impiementation proceeds, The shipping schedule chat Identify each geographIc wea of the deplo�rment, the specific Mns of meters (street addresses andlor IaMon it available) in that area, and the estimated date of instaladan In that area. The plan shall estimate the number of meters by Sensus part number and farm tyGet. be Installed for each quarter of the project until cmVieton, 4, Be tesponsilk for mnd* fees associated wit the noiwom* access for al sites %hers netmrk access Is needed . 5. Provide cormu*ations ink (hgh weed DSL is prolumt!) between the RNI and the FlexNet Base Station, One of ft to" should be used to access: these oarnponents. (i) Cisco VPN; CR) Open VPN Connection: o(ffl SSH access via port 22 to Unux NC, 9 Customer is proviftil SSH access, Pon 22 onlhe Rewall muiist be opened and redirected to the Intemal IP address »,h Sens:us RNI. 6. Purchase any: roul-, hubs, moonting, equipment, uninlerrulobble pow supply aa security equipment needled to conned the RNI to Customers Nernal network. 7. Be resporsible kx 0* paymenlof "taxes, renewal, ragui&q or kense fee associaledwith it* network hardware and saftware, 8, Be responsible for applying [of and purchasing any needed work permits. 11, FlexNel Base Station Site Responslibliffies 2, Sonsus will: 1, Determine the correct FlexNet Base Station configuration for the project FlexNet Base Stations are available In three configurations: indoor, outdoor and rack Mounlet 2. Identify and him a qualified installation limm to instal and commission the FlexNet B" Station equipment and "a fwl end connections to the equipment for an agreed upon instaflatiGn fee. 3, Provide the FlexNet Base Slalim and aulannae sufficlent to 1in0ve motor data and provide the motor data 11h RNI via Cusiontors provided neMork. ........ ....... b. CV6tomerwal ' 1Provide an area at the: Flex Net Base Station age for insWIlaboni W the HOW Base Station is to be installed at a Customer proWdel slite and prepare the sde as follows� A, The site must have a networ� cznnecton ovailobte tot the FkxNel Base Stabon to communicate with RNI Suggested communicabom methods are! Ethern4 DS� hWvAwe and wireless, The Ethernet connector on, the FlexNel Ease Stalion unit Ids an RJA5 W, 101100 auto signaling rate Knimum WAN bandwidth requirements are 128 Was with a redundant path, Any network equipment to Interface the FlaxNet Base Won such as Juniper rooter I firewaff, switches, etc. wHI be Customer providled 0 Customer will sup* connectivity infomurfion to $easus (lP address, default gatevray, sub -net mask, etc), CProvide suitable antenna mouniting stroduro such as a lower, mon"ole, or budding that is capable of supporting the weight of the antenna, cable, mounting hardware and wind loading D, An Indoor site should have adequate mom tot the rack facilitating opening of both front and rear doofsand an availatAe 120V grounded outlet vAlhin 10 Page 458 of 568 MX" MEIM MEE= sEnsus MENM feel. E. An, Outdoor site Installation single phase 240 VAC 301 arnlp circuit Meter bank to disconnect panel on Flei tease Station, F. An Outdoor site shall have Installation of FlexNal Base ftfim cori support paid or suitable steel support structure with a mhiimum bading capack of Iii sulinch. G. An Indoor site should haw adequate envinorinrental controVventilaboft. Recommended enviroanmentall are shoo In Appendix A of the Tower Gateway Base SWVDn Installation Manual. AMough the unit is capable of operation In extrerne temperatures, maintaining a moderate and constaint temperature environment will promote trouble freeservice and long Ide. K The site must have all RF and power connections properly surge arrested to prevent damage In the event of a maijor lightning strike A Halo type holding ground installation with a tie available to conned to the rack ground bar is recommendi Motorola R-85 grounding specification preferred, 1. Customer to sup a cable bridge between the antenna mounting structure and the Ind oorlouldoor FlexNet Base Station site 0 and as needed J. For each outdoor basestation that Is required at your location, you am responsible top two (2) additional pons on your IAN and one (1) additional part for each Indoor h Z Provide the necessary,trenching of the power line, condull, and cabling needed to supply power frorn the power source Met to the base station cabinet. All electrical equipment will be installed in accordance with local codes. 3, Prm* iri access al ftsile where the ROAM Base SMon is in be Installed, Cusionner should consaft with a Serious representaftive regarding the available options for network connections betseeni FlexNet Base Station and RINI 4, Provide CAT 5 UV and weather resistant network cable from the network service provider access IM to the cabinet 5. Provide any conciret or carding needed to tun the data cable to fine FWNet Base Station , Custormeris responsi to assure that data cable is located *Albin 1 foot of the final location of the Flei Sase Station. 6, Provide padlocks at each FlexNal Base Station location for security purposes. 7. Insist grounding material at the location of the %W Race Station Installation, At a mini ft materiall should consist of # 4 or 3X2 stranded copper wire wtuctt YAR conniscII to the FWi Base Station. BI,Provide access to a proper ground fleild at the Flai Base Station she to enable Sensus to, property, ground the FlexNet Base Station, and antenna equipment. 9. Be responsible for geffing access/permission to ary structure that is not owed by Customer, III, Echo Transceiver I Remote Transceiver Responsibilities a. Serious will: I Provide mounting brai III instaitabon. 2. Identity the Optimum 100001110 instal the EdoTransioeivaiftove Trami and communicale thoselocationsloCustorm 3. Echo Tmnscew1RemoheTrar=e6wWbm will be i" "X only ofter sufficient Flei Base Slationsand endpi have be" nistalled "I is apparent limit additional Infrastructure in the form of Echo Trans"WerMlemoto Transceivers is required to oprunnize system performance, 1b, CustionferwIll, 1Provide a 120 VAC power source and cable run, in compliance with local code, to The poln1where each Echo TransceivenRennolle Transceiver MI be installed to supply all necessary power requirements, These boxes can be installed on top of poles, buildings, etc, For such cable runs, 18 AWG UV and weather resistant pow c" for runs less than 470 11. and 16 AWG for runs less than 750 It. are needed!. 2, Install the Echo Transceiver/Remi Transceiver unte; and ancillary equipment necessary to a structure Irritate, coordinate and acquire authorization for installation crews to dift poles, buildings and other structures necessary to; sofely affix cati runs as needed for the Installation of the Echo TransceiversirRemote Transceivers, d, i" adequate eledi to the Echo TransceivwRiamole Tmzehw Whom and be responsiblee for any and all recurring electricity charges for Echo TransceiveflRemote Transceiver operations. 5. Be responsiole for ongoing maintenance and support d the equ;rrient argr installation. IV, Endpolab & Field Installation ReepoWbIllfies cmulamai 1. Purchase Endpoints. *KadLiff, In this Exhibit onty, uveans a Sensus meter or a Sensus SmartPoint Module Installed on a third party meter. 2. Custorrier Is responsible for the sale installabon of the Endpoints, For electricity products, Customer shall rust test and corifirm that each sodet to which a Network Device will beft connected is in safe operating condition, is fully functional, Is not comoded, does not cant* ImprolpertIr Installed JIM or other deficiencies, complies with ANSI standards. and is not is damaged, or otherwise In need of maintenance or repair. 111111iff '# ITIMR,7ik M WA -r'T7.TV1U 0 7, Ora the insIdler has completed tri iblegulang dinslaberin IsIxes, Sansi invesbi Endpaints to Identify and fix! my coverage issues f. Coordinate vi Son" to establish the Endpoi installation schedulai shipment quantities, and overad proted laneline, 3. Be rasporisible I rentorpurrhaseapproved handheld programirr"di in sufficientquanties to meet linederriands d the installers, J0020"79.1 306.9001821 J 1 page 19 01 Page 459 of 568 r Page 460 of 568 Page 461 of 568 Page 1 IM �'1011 450 North Gallatin Avenue 1-800-Meterlt ismom P.Q. Box 487 1-800-638-3748 QUOTATION Uniontown, PA 15221 USA www.sensus.corn Your Quote Number: 34284 Reference: BOYNTON BCH, FL 5Ensus Bill to Customer: 084061 Ship to Customer: ATTENTION: TOM RUSSELL & WANEYA BRYANT BOYNTON BEACH CITY OF BOYNTON BEACH CITY OF ATTN UTILITIES DEPT -INVOICE PR PO BOX 310 PO BOX 310 ATTN UTILITIES DEPT -INVOICE PR BOYNTON BEACH FL 33425-0310 USA BOYNTON BEACH FL 33425-0310 Salesman: COSTELLO MARK Effective Date: 10/04/22 Terms: NET 30 DAYS Expiration Date: 10/02/23 US Dollar Line Description Quantity U/M Unit Price 1 Part#: I5S1GDXX 1 EA 112.540 MTR 5/8-3/4 IPERL 6WHL3A 10G 61TRPL 2 -WR SMART 2 Part#: I5S1GDXR 1 EA 112.540 MTR 5/8-3/4 IPERL NDK 6WHL3A 10G 61TRPL 2 -WR SMART 3 Part#: I2S1GDXX 1 EA 112.540 MTR 3/4S IPERL 6WHL3A 10G 61TRPL 2 -WR SMART 4 Part#: I3S1GDXX 17 EA 126.700 MTR 3/4 IPERL 6WHL3A 10G 61TRPL 2 -WR SMART 5 Part#: I4S1GDXX 1 EA 162.280 MTR 1 IPERL 6WHL3A 10G 61TRPL 2 -WR SMART 6 Part#: I4S1GDXR 1 EA 162.280 MTR 1 IPERL NDK 6WHL3A 10G 61TRPL 2 -WR SMART This Quotalion is an offer to sell which includes and is subject to the Sensus Metering Systems Terris of Sale available for viewing and downloading at htlp;lhv,;vw.sensus.com/tc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 462 of 568 Page 2 IM �'1011 450 North Gallatin Avenue 1-800-Meterlt ismom P.Q. Box 487 1-800-638-3748 Uniontown, PA 15221 USA www.sensus.corn Your Quote Number: 34284 5 E n su s US Dollar Line Description Quantity U/M Unit Price 7 Part#: 5396353752201MI 1 EA 140.420 M520M-F1-TC-X-E-MI UNIT PIT/INT BTRY-D/SNCL PORT TC W -INT DATA & LEAK DET 8 Part#: 5396353752203MI 1 EA 143.220 M520M-Fl-TC-TC-E-MI UNIT PIT/INT BTRY-D/DUAL PORT TC W -INT DATA LEAK DET 9 Part#: C1X1TX1GXBOXXND 1 EA 1,048.170 MTR 1.5 OMNI+C2 MNCS/T TR P/NO 7WHL2B 10G 61TRPL ID=SN 10 Part#: C2X3TX1GXBOXXND 1 EA 1,209.430 MTR 2 OMNI+C2 MNCS/C TR P/NO 7WHL2B 10G 61TRPL ID=SN 11 Part#: C3X3TX2GXROXXND 1 EA 1,531.940 MTR 3 OMNI+C2 MNCS/C TR P/NO 8WHL1A 10G 201TRPL ID=SN 12 Part#: C4X3TX2GXROXXND 1 EA 2,660.740 MTR 4 OMNI+C2 MNCS/C TR P/NO 8WHL1A 10G 201TRPL ID=SN 13 Part#: C6X3TX2GXROXXND 1 EA 4,595.820 MTR 6 OMNI+C2 MNCS/C TR P/NO 8WHL1A 10G 201TRPL ID=SN 14 Part#: C2RIXXBGIBOXXSD 1 EA 1,300.000 MTR 2 OMNI+C2 MNCS/T NDK P/1 7WHL2B 10G 201TRPL ID=SN SMRT This Quotalion is an offer to sell which includes and is subject to the Sensus Metering Systems Terris of Sale available for viewing and downloading at htlp;lhv,;vw.sensus.com/tc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 463 of 568 Page 3 IM �'1011 450 North Gallatin Avenue 1-800-Meterlt ismom P.Q. Box 487 1-800-638-3748 Uniontown, PA 15221 USA www.sensus.corn your Quote Number: 34284 5 E n su s US Dollar Line Description Quantity U/M Unit Price 15 Part#: C3RIXXBGIBOXXSD 1 EA 1,551.000 MTR 3 OMNI+C2 MNCS/T NDK P/1 7WHL2B 10G 201TRPL ID=SN SMRT 16 Part#: C4X9XXBG2BOXXSD 1 EA 1,142.360 MEAS CHB 4 OMNI+C2 201TRPL P/10 7WHL2B 10G ID=SN SMRT 17 Part#: T1X1TX1GXBOXXND 1 EA 717.300 MTR 1.5 OMNI+T2 MNCS/T TR P/NO 7WHL2B 10G 61TRPL ID=SN 18 Part#: T2X1TX1GXBOXXND 1 EA 850.850 MTR 2 OMNI+T2 MNCS/T TR P/NO 7WHL2B 10G 61TRPL ID=SN 19 Part#: T3X1TX2GXROXXND 1 EA 1,060.250 MTR 3 OMNI+T2 MNCS/T TR P/NO 8WHL1A 10G 201TRPL ID=SN 20 Part#: T4X1TX2GXROXXND 1 EA 2,064.160 MTR 4 OMNI+T2 MNCS/T TR P/NO 8WHL1A 10G 201TRPL ID=SN 21 Part#: T6X1TX2GXROXXND 1 EA 3,716.170 MTR 6 OMNI+T2 MNCS/T TR P/NO 8WHL1A 10G 201TRPL ID=SN 22 Part#: TAXITX2GXROXXND 1 EA 7,647.460 MTR 10 OMNI+T2 MNCS/T TR P/NO 8WHL1A 10G 201TRPL ID=SN This Quotalion is an offer to sell which includes and is subject to the Sensus Metering Systems Terris of Sale available for viewing and downloading at htlp;lhv,;vw.sensus.com/tc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 464 of 568 Page 4 IM �'1011 450 North Gallatin Avenue 1-800-Meterlt ismom P.Q. Box 487 1-800-638-3748 Uniontown, PA 15221 USA www.sensus.corn your Quote Number: 34284 5 E n su s US Dollar Line Description Quantity U/M Unit Price 23 Part#: T8X1TX2GXROXXND 1 EA 6,061.640 MTR 8 OMNI+T2 MNCS/T TR P/NO 8WHL1A 10G 201TRPL ID=SN 24 Part#: F6XCXX2GXROXXND 1 EA 8,061.260 MTR 6 OMNI+F2 P/NO 8WHL1A 10G 201TRPL ID=SN 25 Part#: R1X1XX1GXBOXXND 1 EA 432.820 MTR 1.5 OMNI+R2 13"LL 61TRPL 7WHL2B 10G ID=SN 26 Part#: R2X1XX1GXBOXXND 1 EA 607.280 MTR 2 OMNI+R2 17"LL 61TRPL 7WHL2B 10G ID=SN 27 Part#: R1R1XX1GXBOXXND 1 EA 438.820 MTR 1.5 OMNI+R2 13"LL 61TRPL 7WHL2B 10G NDK ID=SN 28 Part#: R2R1XX1GXBOXXND 1 EA 613.280 MTR 2 OMNI+R2 17"LL 61TRPL 7WHL2B 10G NDK ID=SN 29 Part#: ES2XX38XXGDXSXD 1 EA 53.470 E -REG+ 5/8-3/4SRII TRPL 6' 6WHL3A 10G SMART 30 Part#: ES5XX38XXGDXSXD 1 EA 53.470 E -REG+ 1 SRII TRPL 6' 6WHL3A 10G SMART This Quotalion is an offer to sell which includes and is subject to the Sensus Metering Systems Terris of Sale available for viewing and downloading at htlp;lhv,;vw.sensus.com/tc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 465 of 568 Page 5 IM �'1011 450 North Gallatin Avenue 1-800-Meterlt ismom P.Q. Box 487 1-800-638-3748 Uniontown, PA 15221 USA www.sensus.corn Your Quote Number: 34284 5 E n su s US Dollar Line Description Quantity U/M Unit Price 31 Part#: V5VPX8XSGDD 100 EA 315.000 MTR 5/8X3/4 ALLY RSV 6WHL3A 10G 61TRPL 3 -WR SMART 32 Part#: 5396353704418 1 EA 410.420 SMPCL2 AY - COMMAND LINK 2 SMART POINT COMMAND LINK 2 33 Part#: SM50546439001 1 EA 12.670 RETAINER AY CBL CMPLT 61TRPL IPERL/ALLY 61TRPL (2 -WIRE) PASSIVE Y1 34 Part#: SM50546439002 1 EA 15.050 RETAINER AY CBL CMPLT 251TRPL IPERL/ALLY 251TRPL (2 -WIRE) PASSIVE Y2 35 Part#: 5390753739604 2 EA 410.000 TCHRDR+ AY CPLT M3096+ 910-0008110 36 Part#: MISC. 1 EA .000 SEE BELOW * ADD ON TO METER PRICES FOR OMNI T2 TO T6 RECLAIM EA. $67.56 -PROJECT CODE WAKG PARTS NOT QUOTED TO BE DISCOUNTED 24% FROM CURRENT PARTS PRICING BOOKLETS O. SHIPPINGPOINT. CASE - 00472464 ****THIS QUOTE REPLACES QUOTE 31456 EFF. 10/04/22 This Quotalion is an offer to sell which includes and is subject to the Sensus Metering Systems Terris of Sale available for viewing and downloading at htlp;lhv,;vw.sensus.com/tc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 466 of 568 IM �'1011 450 North Gallatin Avenue ismom P.Q. Box 487 Uniontown, PA 15221 USA 5Ensus Line Description Page 6 1 -800 -Mete rl t 1-800-638-3748 www.sensus.com Your Quote Number: 34284 US Dollar Quantity U/M Unit Price **** THIS PAGE INTENTIONALLY LEFT BLANK **** IF MODIFICATIONS IN METER MATERIALS OR PROCESSING ARE REQUIRED TO MEET NEW REGULATIONS, THE PRICING SUBMITTED IS SUBJECT TO IMMEDIATE CHANGE Thank you for your interest in quality products by Sensus. Current as of: 10/14/22 Correspondence: Purchase Orders: SENSUS SENSUS 450 North Gallatin Ave. 450 North Gallatin Ave. UNIONTOWN, PA 15401 UNIONTOWN, PA 15401 PHONE: 800 -METER -IT 800-638-3748 Sensus.Orders@xyleminc.com This Quotalion is an offer to sell which includes and is subject to the Sensus Metering Systems Terris of Sale available for viewing and downloading at htlp;lhv,;vw.sensus.com/tc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 467 of 568 AM Public Hearing - None 1/3/2023 Requested Action by Commission: Approval of Variance (ZNCV 23-002) of Part 111, Chapter 4, Article 11, Section 4.B.3.c — Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot tall masonry wall. Explanation of Request: The applicant is requesting approval to provide a landscape buffer that varies from a minimum width of five (5) feet to a maximum width of eight (8) feet along the east property line in lieu of the required twelve (12) foot landscape buffer required by code, and the elimination of the requirement to provide a six (6) foot tall masonry wall. Within this reduced buffer, the applicant proposes a number of silver buttonwood canopy trees and sabal palm trees in excess of the code requirement with frog fruit groundcover. The first floor of the parking garage's east facade is pulled back approximately 6' 6" to provide landscaping consisting of a continuous red tip cocoplum shrub with frog fruit groundcover underneath the 2nd floor building overhang. The upper floors of the parking garage are proposed to extend over this landscaped area and will be supported by columns placed within the required twelve (12) foot wide landscape buffer. Staff has determined that there are possible design solutions that would eliminate the need for the requested relief and recommends DENIAL of the request. The Planning & Development Board recommended APPROVAL of this request during the November 29th, 2022 meeting. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Approval of Variance (ZNCV 23-002) subject to the recommended Conditions of Approval - Exhibit D. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Page 468 of 568 Attachments: Type D Staff IRE)port D Exhibit D Exhibit D Exhibit D Coindboins of Appirov,-,.ill D AttachirTIENI'lt D AttacNrTIENI'lt Description Staff IRE)port Exhibit A I ocaboin IMa p Exhibit IB JUIStificaboin StatE)irTIENI'lt Exhibit C PrOOICt IRIairs Exhibit ID Coindboins of Appirov,-,.Ill Appicaint Flir'E)SENI'Itaboin Staff Flir'E)SE)intaboin Page 469 of 568 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-002 STAFF REPORT To: Chair and Members, Planning and Development Board Thru: Amanda B. Radigan, AICP Planning and Zoning Director From: Craig Pinder, Planner II Date: November 29, 2022 Project: The Pierce — 101 N Federal Highway Variance (ZNCV 23-002) Requests: Relief from Part III, Chapter 4, Article II, Section 4.B.3.c— Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot tall masonry wall. BACKGROUND The subject property is an assemblage of parcels totaling approximately 3.01 acres generally located south of E Boynton Beach Boulevard, north of E Ocean Avenue, west of N Federal Highway, and east of NE 4th Street within the Downtown Transit Oriented Development District and Urban Commercial District Overlay. Proposed on this assemblage of parcels is "The Pierce", a planned mixed-use development currently under review for several concurrent applications, including a New Master Plan, New Site Plan, Rezoning, and three (3) Abandonments. The development proposal includes 301 dwelling units, approximately 17,556 square feet of commercial space (restaurants, retail, and offices), private and public open spaces including public plazas, and an eight (8) floor freestanding parking garage approximately 74' 6" in height (Exhibit C — Project Plans — Elevations — Parking Garage). Pursuant to Part III, Chapter 4, Article II, Section 4.3.c, the project is required to provide an Urban Landscape Buffer (Type 2) along the east side of the freestanding parking garage, which includes a minimum twelve (12) foot wide landscape buffer, comprised of trees, hedges, shrubs, and a six (6) foot tall masonry wall. The landscape buffer is intended to provide adequate buffering between the proposed freestanding parking garage and 209 N Federal Highway, known as The Boardwalk Italian Ice & Creamery, a one-story building approximately 8'-6" in height. PROPOSAL The applicant proposes to provide a landscape buffer that varies from a minimum width of five (5) feet to a maximum width of eight (8) feet along the east property line in lieu of the required twelve Page 470 of 568 (12) foot landscape buffer required by code. Within this reduced buffer, the applicant proposes a number of silver buttonwood canopy trees and sabal palm trees in excess of the code requirement with frog fruit groundcover. The first floor of the parking garage's east fagade is pulled back approximately 6' 6" to provide landscaping consisting of a continuous red tip cocoplum shrub with frog fruit groundcover underneath the 2nd floor building overhang. The upper floors of the parking garage are proposed to extend over this landscaped area and will be supported by columns placed within the required twelve (12) foot wide landscape buffer. ANALYSIS The City Commission has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of an ordinance, the applicant must demonstrate that the request meets the following criteria (a -g). The applicant's justification and response to these criteria is attached (see Exhibit B - Justification Statement). a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. There are no existing special conditions or circumstances which are peculiar to the land or structure, as the proposed development will be newly -constructed upon an assemblage of parcels that share similar characteristics and challenges of comparable parcels located elsewhere within the downtown. The proposed parking garage has been designed to meet the minimum dimensional standards for parking structures, however, the garage is proposed to encroach up to seven (7) feet into the required twelve (12) foot wide landscape buffer. The applicant states that locating the parking garage on the assemblage of parcels between E Ocean Avenue and NE 1St Avenue with the mixed-use building would eliminate and/or negatively impact the commercial uses and outdoor public spaces proposed along the Ocean Avenue and NE 4th Street corridors. Additionally, pedestrian circulation, courtyards, and private outdoor amenities for the future residents would also be impacted. The proposed central location assists in maintaining pedestrian connectivity between the proposed restaurant to the north end of the site and the proposed commercial uses to the south end of the site, promotes activation of E Ocean Avenue and NE 4th Street, and assists with effectively concealing the loading dock and back of house functions for the mixed-use building. b. That the special conditions and circumstances do not result from the actions of the applicant. The request for a reduction in the width of the required landscape buffer from twelve (12) feet to seven (7) feet and the elimination of the requirement to provide a six (6) foot masonry wall is the direct result of the proposed footprint of the parking garage. Staff notes that there are possible design solutions that would eliminate the need for the requested relief. However, as noted in the response to criteria `a' above, the applicant reduced the footprint of the parking garage to be designed as small as possible while maintaining the necessary Page 471 of 568 dimensional standards required for parking structures, including minimum drive aisle widths and parking stall dimensions, and provides the minimum number of parking spaces required for the proposed site plan. In addition, the applicant proposes to pull back the exterior wall approximately six and one-half feet (65) on the ground floor to provide landscaping underneath the building overhang. The applicant also states that additional trees would be provided above the code requirement in an effort to minimize the impact of the reduced landscape buffer. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. As described in response to criteria "a", the parking garage is proposed on an assemblage of parcels that share similar challenges and characteristics of comparable parcels located elsewhere within the downtown. Granting the variance requested can be interpreted as granting a special privilege. The applicant states that the proposed location of the parking garage will allow for a mix of commercial and residential uses to front the main thoroughfares (N Federal Highway, E Ocean Avenue, and NE 4th Street), maximize pedestrian connectivity, optimize open space amenities (including public plazas and private residential amenities), and create an interconnected development that ties the residential building, parking garage, and the commercial spaces together. In addition, as mentioned above, the parking garage is designed to be as small as possible while meeting all dimensional standards and minimum parking requirements. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of the ordinance would not deprive the applicant of rights or cause undue hardship. However, the applicant states that the proposed size and location of the parking garage was determined to be the most suitable area for the development to activate the main thoroughfares with commercial spaces of sufficient size to attract desirable tenants and to provide dwelling units to support the commercial uses. Per the applicant's justification, the proposed project would not be developable without the approval of this variance as it would not be possible to fit the proposed garage on the site. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. As previously mentioned, the applicant has requested a variance of seven (7) feet from the required twelve (12) foot landscape buffer and elimination of the required six (6) foot tall masonry wall, which is the minimum required to construct the parking garage. Per the applicant's proposal, the provided landscape buffer will be fully landscaped with a combination of trees, shrubs, and groundcover identified earlier in this report. As noted in the applicant's justification, the inclusion of the six (6) foot tall masonry wall would result in concealed areas that can create public safety concerns on the east side of the parking garage. As such, providing relief for the wall is necessary to maintain a safe environment. Page 472 of 568 f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the variance would still allow the intent of the ordinance to be maintained. Landscape buffers are generally intended to reduce the visual impact of the difference in development intensity and building height, provide distance between neighboring properties to mitigate noise and odors, increase the durability of landscape material in order to withstand environmental hazards, and improve the aesthetic appearance of developments through landscaping that helps to enhance the natural and built environment. As noted above, the applicant proposes to provide additional trees to exceed the minimum code requirement, and will provide groundcover in addition to the row of continuous shrubs required by code. CONCLUSIONS / RECOMMENDATION Staff recommends DENIAL of this variance request, based on the following justification: 1. The parking garage and development will be newly constructed, which provides the applicant the ability to reduce the overall size and intensity of the development where necessary which in turn reduces the number of required parking spaces and overall size of the parking garage, which would allow the provision for an adequate landscape buffer. Staff notes that there are possible design solutions that would eliminate the need for the requested relief. 2. That the special conditions and circumstances as described in this report are not peculiar to the land, structure, or building involved, and are applicable to other lands, structures or buildings in the same zoning district. 3. That granting the variance can confer a special privilege that would be denied to other lands, buildings, or structures located within the same zoning district. Should the Planning & Development Board or City Commission choose to approve the project, staff recommends the following condition(s) of approval: 1. The east fagade of the parking garage should incorporate a green wall treatment to further reduce the visual impact of the proposed building. 2. Provide enhanced pedestrian connectivity through the garage to ensure the safe flow of pedestrians throughout the site. Any additional conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit "D" — Conditions of Approval. Page 473 of 568 S:\Planning\SHARED\WP\PROJECTS\The Pierce - 101 N Federal (fka 115 N Federal Hwy)\Staff Reports\ZNCV 23-002\Staff Report.docx Page 474 of 568 EXHIBIT "A" - LOCATION MAP Page 475 of 568 C° X Ih...0 � [ 3� �. J U S U � II: � CA U � 0 [ S U EE M EE [ ..0 Project Narrative- The Pierce, Variance This application for Variance is submitted on behalf of BB QOZ, LLC (the "Applicant") for the project known as The Pierce. The Pierce is a planned 301 -unit apartment building in East Boynton Beach with state-of-the-art amenities, secure parking, interactive public spaces, restaurant, retail and office use, and public parking. Pursuant to Section 2.1) of the Boynton Beach, FL Code of Ordinances, Part III Land Development Regulations (the "Land Development Regulations") Chapter 2, Article 11, this application would seek approval to allow for a reduction in the landscape buffer on the east side of the parking garage that would otherwise be required by Section 4 of Part II, Chapter 4, Article II of the Land Development Regulations. This location requires an Urban Landscape Buffer (Type 2), which would require a minimum buffer width of twelve (12) feet. In addition, it would require a six (6) foot masonry buffer wall. The variance request is for a reduction in buffer and elimination of the masonry wall. The proposed site plan, enclosed with this submittal, would provide a minimum of five (5) feet of landscape buffer, with some areas providing up to eight (8) feet. Additional landscaping will be provided adjacent to the landscape buffer under the building overhang. When added together, the landscape buffer and adjacent additional landscaping under the overhang will add up to a minimum of twelve (12) feet with some areas adding up to almost fifteen (15) feet. The five (5) to eight (8) feet of buffer, in conjunction with the additional landscaping under the building overhang, will sufficiently buffer the east facade of the garage to meet the intent of the code. The additional landscaping utilizes the same requirements of the Urban Landscape Buffer (Type 2). The overhang is at thirteen (13) feet above grade, which will provide for sufficient sunlight for the landscaping. Although not counted towards the buffer calculation, this additional landscaping will contribute to the buffering as intended by the code. The proposed landscape buffer composition reflects an increase above the landscape zoning requirements with four (4) foot red tip cocoplum hedges, silver buttonwood trees and sabal palm trees alternating that are spaced at smaller intervals than code (7'-6" as compared to 20' per code), and approximately eight (8) feet of frogfruit groundcover. With a site of this configuration, the design team was challenged to find a suitable location for the garage that would reduce to the maximum extent possible the impact on pedestrian activity and access to the project site. With a "four-sided" site of pedestrian activation, the design team reviewed many configuration options, but the proposed location was found to be the only suitable location. This is the only location where the garage will not negatively impact pedestrian connectivity and where loading and back of house activities are best removed from the pedestrian realm. It is the only location that will allow for garage entry and exit outside of the active areas that pedestrians will frequent, namely the Ocean Avenue and 4' Street retail areas. Centering the garage in the middle of the site would all but eliminate the public plaza spaces and public seating areas for restaurants. In addition to maximizing these areas, the proposed location also avoids the appearance of a "superblock" monolithic structure which would feel out of scale with the context. With its proposed placement and configuration, the multifamily building is allowed to have courtyard areas for public and private enjoyment as well as active retail spaces at the most desirable locations on the site (which are likely to succeed and not become vacant unrentable space). The garage also has a proposed Page 476 of 568 The Pierce- Variance P i & c 12 connection bridge on every floor to the multi -family building. This creates an inviting drop off entry experience for residents and the public and allows for almost complete concealment of the necessary refuse areas and loading docks. Additionally, the garage location and the placement of elevators allows for easy public access to the proposed Hurricane Alley restaurant along Boynton Beach Boulevard. The garage size is the smallest it can be to serve the development in terms of size, parking space count, and height. When the design team explored other options, they would have not only created very tall monolithic streetwalls along 4th Street and Ocean Avenue, but also would have eliminated the inviting drop off area as currently shown on the plans. Under the Land Development Regulations, a Variance is intended to provide an efficient relief process to allow for deviations from certain requirements and standards of Chapter 3 and Chapter 4 of the Land Development Regulations. The intent is to allow for a departure from the Code upon demonstrations that the subject request satisfactorily addresses the review criteria contained herein, and without the necessity of amending the regulation or rezoning the property to accommodate the requested relief. The City Commission has the authority and duty to authorize, upon appeal, such a variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. Applicability Applicant requests a deviation from a quantifiable standard, measure or regulation. In addition, there is no other relief process available and no nonconforming use of neighboring lands, structures, or buildings in other zoning districts is offered as consideration for grounds for the authorization of the variance. Accordingly, the variance process shall be available to Applicant. Review Criteria The application meets the review criteria specified in Section 4 of Chapter 2, Article II as follows: a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. Given the configuration of the site as well as the "four-sided" pedestrian activation, the proposed location for the garage is the only suitable location that would avoid negative impacts on pedestrian activity and access. The central location of the garage within the project helps evenly disburse people to the various uses within the project. Without the parking garage in this location, the site would have pedestrian connectivity issues and the development would struggle to activate Ocean Avenue, Federal Highway, and Boynton Beach Boulevard. In addition, the specifics of the land are such that the proposed location is necessary to provide for the proposed public and private courtyard areas as well as to maximize retail uses in the most desirable locations. It is also necessary to allow for the proposed connection bridge on every floor of the garage to the multi -family building, which both contributes to an inviting drop off entry experience and allows for maximum concealment of the refuse and loading dock areas. The garage was designed to be as small as possible, but the conditions and circumstances are such that the variance is required. It is the only option available for the site that promotes pedestrian activation, retail Page 477 of 568 The Pierce- Variance P �i g c 13 activity, courtyard areas, an inviting drop off area, and easy public access to the proposed Hurricane Alley restaurant along Boynton Beach Boulevard. b. Special conditions and circumstances do not result from the actions of Applicant. As described above, the conditions and circumstances of the site are such that the variance is necessary to locate the garage in the proposed location, which is the only possible location to provide the desired pedestrian circulation, courtyard areas, retail uses, and connectivity. The feasibility of the project depends upon incorporating the multi -family building, commercial space, and a garage with sufficient parking capacity into the site. Attracting the best possible tenants and generating the revenue needed to support the project require locating the commercial uses on the main thoroughfares, which then requires the parking garage to be in this location. The variance is necessary to avoid hardship to the Applicant due to conditions of the site beyond Applicant's control. In addition to the required location of the garage as described above, providing the masonry wall as specified in the code would have the effect at this location of creating concealed areas that would create public safety concerns. With the landscaping, although the buffer itself would be under the code minimum through the grant of a variance, additional landscaping will be provided under the building overhang and additional trees will be provided as well. Although the variance is necessary, Applicant has made every effort to minimize the impact. c. Granting the variance will not confer on Applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. As described above, this is the only location possible for the garage given the site considerations. The project meets code as to other requirements and provides sufficient open space as an overall development. The location of the garage is necessary to promote commercial uses and maximize pedestrian connectivity. There will be a striped walkway within the garage to the main entrance of the multi -family development connecting sidewalks to Federal Highway. Additionally, a public elevator will be located in the northwest corner closest to Hurricane Alley and the 4' Street retail uses. The overall impact of the variance will be to promote the type of development that is contemplated for the zoning district. The garage location, which requires this variance, will allow for a mix of commercial and residential uses, an optimal pedestrian environment, and well -located courtyard spaces, in tune with the intent of the zoning district. It will create an interconnected development that ties the residential building, the parking garage, and the commercial spaces together. d. Literal interpretations of the provisions of the ordinance would deprive Applicant of rights commonly enjoyed by other properties in the zoning district under the terms of the ordinance and would work unnecessary and undue hardship on Applicant. Applicant could not develop the proposed project without this variance as it would not be possible to fit the proposed garage on the site without this variance. e. The variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. The variance is required for the placement of the garage in the only location that will allow for the residential and commercial uses to be located on the main thoroughfares. The drive lanes and parking space widths are the smallest allowed by code; accordingly, the garage cannot be reduced in size while still providing the minimum parking necessary to support the development. In some areas, the reduction in buffer is only four (4) feet, and this is not including the additional landscaping to be provided adjacent to the landscape buffer. The reduction from the code minimum of twelve (12) feet is minimized as much as possible. Wherever possible, up to eight (8) feet of landscaping is provided, plus the non -buffer landscaping under the overhang. At this location, a masonry wall would result in Page 478 of 568 The Pierce- Variance P i & c 14 concealed areas that create public safety concerns, so that aspect of the variance related to the wall requirement is the minimum required as well. No other location for the garage is possible if the pedestrian connectivity and promotion of optimum retail locations are to be maintained. Given the specifics of the site, this is the only suitable location for the garage, and the variance is the minimum that would make the development possible. f. Granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. The location of the garage will allow for better pedestrian connectivity and a greater activation of the thoroughfares. The building is pulled back at the ground floor on the east facade. This area underneath the second floor of the building will have in -ground landscaping in addition to the landscaping that is part of the measured landscape buffer. The project team feels that this solution endeavors to meet the design intent of the Urban Landscape Buffer (Type 2) code requirement. The project will meet the intent of the code and contribute to the neighborhood and the City of Boynton Beach. Page 479 of 568 Xll flll:rll 11 C :lR0JlI::C 11 11:111 A114S I 4 PARKING GARAGE - NORTH ills -1I BU I DING ELEVATION -PARKING GARAGE -EAST -PRESENTATION GARAGE -EAST 3 PARKING GARAGE All", 14,11 —44 i—kk -E-t ... . . ... .. ........... ........... k, oti AAFFILIATED ,@,"RINKA+ 0 Revisions PRE -APPLICATION C ITY COORDINATION MEETING THE PIERCE 0 H 1-1 0 �02 ELEVATIONS- LEVATIONS- ....., 0 —PARKINGGARAGE — Jite Plan / Location Map /Northwest Gorvler - Landscape Plan 7—".77 scan IN FEET O' 16' 32' 48' :4 AFFILIATED ©RINKA+ 0 Revisions PRE -APPLICATION C ITY COORDINATION MEETING THE PIERCE ARCHITECTURAL SITE PLAN & SITE DATA 3 SPA HURRICANE ALLEY MEZZANINE I'll -, 2 SPA OCEAN EATERY ROOFTOP PLAN 2 I'll -, .� SPA LEVEL 02-07 1116-11 AFFILIATED ©RINKA+ 0 Revisions PRE -APPLICATION C ITY COORDINATION MEETING THE PIERCE ,o, �,EOEAA��wr eovxrox er�cx,4�ms 2ND -7TH FLOOR PLAN EXHIBIT "D" Conditions of Approval Project Name: The Pierce — 101 N Federal Hwy File number: ZNCV 23-002 Reference: DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. The east fagade of the parking garage should incorporate a green X wall treatment to further reduce the visual impact of the proposed building. 2. Provide enhanced pedestrian connectivity to ensure the safe flow X of pedestrians throughout the site. PLANNING & DEVELOPMENT BOARD CONDITIONS 1. Replace the proposed Sabal Palmetto palm trees with tree species X of an appropriate size. 2. Provide a green wall treatment on the east fagade of the parking garage. CITY COMMISSION CONDITIONS Comments: None ADDITIONAL REPRESENTATION / COMMITMENTS 3. 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\The Pierce - 101 N Federal (fka 115 N Federal Hwy)\Staff Reports\ZNCV 23-002\Exhibit D - Conditions of Approval.doc Page 484 of 568 LLJERCE P � Page 485 of 568 Page 486 of 568 Page 487 of 568 Development Details The Pierce will be a mixed-use development featuring an eight -story multifamily building containing approximately 301 residential units, with a public/private parking structure giving residents access to each floor through a common corridor. The total development project will consist of over 16,800 SF of multi- faceted commercial, retail, office, and restaurant space. The Pierce is a transit -oriented development with mixed -income workforce housing apartments. The mixed -income approach fosters a healthy, diverse urban environment, providing a luxury living experience at an attainable rate. The Pierce will offer a distinctive and preeminent living option to the East Boynton Beach neighborhood, one that embraces the unique personality of the area. AF.EFI�IAT_ED 100-� D E V E L O P M N T ■ -301 residential units ■ Approximately 17,000 SF of Multi -faceted Commercial Space ■ 3 on-site Restaurants with frontage on main thoroughfares ■ NEWLY located Hurricane Alley Restaurant ■ 5,100 SF of Office/Retail Space ■ Seamless connection with Dewey Park ■ Enhanced Pedestrian Experience ■ City Bike Share Area ■ Secure Public/Private Garage ■ Gated access to resident parking area ■ EV Charging Stations ■ NGBS Certified Buildings ■ Co -"Werk" Lounge ■ State of the art Fitness Facility ■ Parcel Delivery Room ■ Resident Bike Storage ■ Gated Off -Leash Dog Park ■ Rooftop Clubroom ■ Resort Style Pool ■ Private Cabanas ■ BBQ Area ■ Private Pickleball Court & Outdoor Fitness Area ■ -579 spaces ■ 72' to top deck in height ■ 8 levels of public/private parking ■ Metal mesh material on portion of garage to feature art piece ■ Concealed ramp ■ Motorcycle parking Page 489 of 568 Page 490 of 568 Page 491 of 568 Page 492 of 568 Page 493 of 568 Criteria a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b) That the special conditions and circumstances do not result from the actions of the applicant. c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f) That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 100D EVE L AFF_I_PL.IAT_E_D NT 'PIERCE -1%.OME Page 495 of 568 Page 496 of 568 1. Zoning Code Variance (ZNCV 23-002) Relief from Part III, Chapter 4, Article 11, Section 4.B.3.c — Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot tall masonry wall. Page 497 of 568 The Pierce is under review for several concurrent application requests including: ❑ Major Master Plan ❑ Major Site Plan ❑ Rezoning ❑ Three (3) Abandonments ❑ Relief Applications: ■ Community Design Appeal Application for the North Elevation of the Parking Garage; ■ Community Design Appeal Application for the West Elevation of the Parking Garage; ■ Community Design Appeal Application for the South Elevation of the Parking Garage; ■ Community Design Appeal Application for the East Elevation of the Parking Garage; ■ Variance Application for relief from the Urban Landscape Buffer Type 2 requirements. Page 498 of 568 Proposal includes: ❑ An eight (8) floor mixed-use building with: ■ Approximately 17,500 SF of commercial space (restaurants, office, and retail) ■ 301 dwelling units including workforce housing ■ A freestanding parking garage ■ Private and public open spaces Freestanding Parking Garage Details: A total of eight (8) floors of parking Approximately 74'6" in height 567 parking spaces provided within the garage, 585 total on-site As proposed, project requires a total of 569 parking spaces Page 499 of 568 Page 500 of 568 Page 501 of 568 ❑ Part III, Chapter 4, Article II, Section 4.3.c requires an Urban Landscape Buffer (Type 2) along the east side of the parking garage. 12'— 15' in width ■ Include a 6' tall masonry wall Page 502 of 568 Page 503 of 568 Landscape buffer required I I Reduced landscape buffer proposed within this approximate area I within this approximate area Page 504 of 568 .... . . . . . . ...... . -77 77-7 . ..... .. 11 7 To u n 9 t IA L -1114,47 ------- Page 505 of 568 Page 506 of 568 a uLo wavAuaw - PARKING GARaA5r - Pwsr rariaN _ _aIWkF _k ......... p Page 507 of 568 ❑ That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. ❑ That the special conditions and circumstances do not result from the actions of the applicant. ❑ That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. ❑ That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. ❑ That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. ❑ That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Page 508 of 568 Staff has reviewed this request for a Variance and recommends DENIAL based on the following justification: The parking garage and development will be newly constructed, which provides the applicant the ability to reduce the overall size and intensity of the development where necessary which in turn reduces the number of required parking spaces and overall size of the parking garage, which would allow the provision for an adequate landscape buffer. 2. That the special conditions and circumstances as described in this report are not peculiar to the land, structure, or building involved, and are applicable to other lands, structures or buildings in the same zoning district. 3. That granting the variance can confer a special privilege that would be denied to other lands, buildings, or structures located within the same zoning district. Page 509 of 568 Should the City Commission choose to approve the project, staff recommends the following condition(s) of approval: ■ The east fagade of the parking garage should incorporate a green wall treatment to further reduce the visual impact of the proposed building. Provide enhanced pedestrian connectivity to ensure the safe flow of pedestrians throughout the site. Page 510 of 568 The project was APPROVED by the Planning & Development Board with the following conditions: ■ Provide a green wall treatment on the east fagade of the parking garage. Replace the proposed Sabal Palmetto palm trees with tree species of an appropriate size. Page 511 of 568 AW Public Hearing - None 1/3/2023 Requested Action by Commission: Proposed Ordinance No. 22-024- Second Reading - Approve the establishment of the Mixed Use Downtown (MU -DT) zoning district (CD RV 22-004) amending Part I I Land Development Regulations Chapter 3. Art I11. Sec 1.E (Table 3-4). Mixed Use Urban Building and Site Regulations and Sec 5.C.1. Building and Site Regulations (Table 3-22). Explanation of Request: At the request of the City Commission, staff proposes the establishment of a new zoning district, Mixed Use Downtown (MU -DT). The new zoning district will, notably, set a new maximum building height of 85 feet for developing and redeveloping properties. MU -4 and MU -C will be considered the predecessors to the new MU - DT, but will remain intact to be utilized by properties who are currently designated as MU -4 and MU -Core. Upon the adoption of the accompanying Ordinance the current building height will be amended to be as follows: MU -1 Urban Mixed Use 45' MU -2 Urban Mixed Use 65' MU -3 Urban Mixed Use 75' MU - DT Urban Mixed Use 85' MU -4* Urban Mixed Use 100' MU -Core* Urban Mixed Use 150' fo remain intact to be utilized by properties who are currently designated as MU -4 and MU -Core How will this affect city programs or services? Fiscal Impact: Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 512 of 568 Grant Amount: Attachments: Type D OrdinainCE) D Staff IRE)port D ArTIE)indirTIENI'lt D ffaclhhirTIEsirlt Description Ordinall'ICE) E)StaUishiing IMU ID T Staff IRE)port Tbwt ArTIE)indirTIENI'lt Staff Flir'E)SE)intaboin Page 513 of 568 I 2 ORDINANCE NO. 22-024 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 APPROVING THE ESTABLISHMENT OF THE MIXED-USE DOWNTOWN 7 (MU -DT) ZONING DISTRICT (CDRV 22-004) AMENDING PART II LAND 8 DEVELOPMENT REGULATIONS CHAPTER 3. ART III. SEC 1.E (TABLE 3-4). 9 MIXED USE URBAN BUILDING AND SITE REGULATIONS AND SEC S.C.1. 10 BUILDING AND SITE REGULATIONS (TABLE 3-22); PROVIDING FOR 11 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 12 13 14 WHEREAS, at the request of the City Commission, staff proposes the establishment 15 of a new zoning district, Mixed Use Downtown (MU -DT); and 16 WHEREAS, the new zoning district will, notably, set a new maximum building height 17 of 85 feet for developing and redeveloping properties; and 18 WHEREAS, MU -4 and MU -C will be considered the predecessors to the new MU -DT, 19 but will remain intact to be utilized by properties who are currently designated as MU -4 and 20 MU -Core; and 21 WHEREAS, the City Commission of the City of Boynton Beach has considered the 22 recommendations and has determined that it is in the best interest of the citizens and 23 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 24 Development Regulations as contained herein. 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 26 OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing whereas clauses are true and correct and are now ratified 28 and confirmed by the City Commission. 29 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3. Art 30 III. Sec 1.E Table 3-4. Mixed Use Urban Building and Site Regulations are hereby amended as 31 follows: 32 CHAPTER 3. ZONING 33 ... 34 ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES 35 ... 36 Section 1. Overview 1 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3) (Establishing MU -DT) - Ordinance.Docx Page 514 of 568 37 ... 38 E. Mixed Use Urban Building and Site Regulations (Table 3-4). 39 40 ... 41 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, MU -1 MU -2 MU -3 MU•••II:D t MU -4 MU -C URBAN 13,14 Lot Area, Minimum (acres): Public park N/A N/A N/A I.N /A. N/A N/A All other 0.50 0.75 1 I 1 1 uses Lot Frontage, 100 1002 1502 1•, gip,'•, 200 2 200 2 Minimum Structure Ht., 30 30 30 ,0• .3045 0045 Minimum (ft.) Maximum 45 65 75 ...... 85 ........ 100 150/1 Height (ft.)3 254 Maximum 20 40 50 70 .............. 60 80 Density (DUs/Acre)lo, 12 Maximum 1.0 2.0 3.0 ...... 0.5. .......... 4.0 4.0 F.A.R." Build -to -line (ft.)S All sides Factor of Pedestrian Zone Requirement' abutting a collector or arterial road Abutting a 0' 0' 0' 0,7 0' 0' Local street Interior side 0' 0' 0' 07 0' 0' S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3) (Establishing MU -DT) - Ordinance.Docx Page 515 of 568 Building Setback, Minimum (ft.)S Rear abutting: Residential 255/05, 255 255 2.5' .................. 255 255 single-family 6 Intracoastal 255 255 255 2.5' .................. 255 255 waterway Side abutting Residential 255/05, 255 255 2.5' .................. 255 255 single-family 6 Usable Open N/A N/A 0.5% .2 1 % 2% Space, Minimum (sq. ft.)9 42 ... 43 44 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3. Art 45 III. Sec 5.C.1 Building and Site Regulations (Table 3-22) are hereby amended as follows: 46 CHAPTER 3. ZONING 47 48 ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES 49 ... 50 Sec. 5. Mixed -Use (Urban) Districts. 51 A. General. 52 1. Purpose and Intent. The urban mixed-use zoning districts are intended to implement 53 the CRA Community Redevelopment Plans ,a n,d ,t..o -by-provid, + g for a mixture of land uses, 54 accommodating varying densities and intensities appropriate for each CRA district, and by 55 establishing quality streetscapes and pedestrian environments as part of a compact urban 56 setting. The mixed use districts also support transit ridership, in particular through higher 57 density and intensity development within the designated Downtown Transit -Oriented 58 Development District (DTODD). Additional standards and requirements of this section are 59 based on the proximity to the planned train station, and location within the transit core, 60 which is defined as the area extending one-quarter (1/4) mile from the train station. To 3 S:ACA\Ordinances\LDR Changes\LDR Amendinent (Ch 3) (Establishing MU -DT) - Ordinance.Docx Page 516 of 568 61 ensure compliance with these Regulations, an application for site plan approval shall be 62 required and reviewed concurrently with any request to rezone lands to a mixed-use 63 (urban) district, except as provided in Section 2.D.1.e. Also see Chapter 4, Article III, 64 Section 6 for design and compatibility standards. The objectives of the mixed-use (urban) 65 districts are as follows: 66 ... 67 2. Description of Districts. 68 ... 69 c. Mixed Use 3 (MU -3). The MU -3 district implements the Mixed Use Medium (MXM) 70 future land use map (FLUM) classification of the Comprehensive Plan and has a maximum 71 residential density of fifty (50) dwelling units per acre, except within the Downtown Transit - 72 Oriented Development District (DTODD) (the Station Area), where the maximum density 73 may be sixty two and one-half (62.5) dwelling units per acre through participation in the 74 Workforce Housing Program. In addition, projects located within the transit core of the 75 Station Area shall have a minimum density of thirty (30) dwelling units per acre. This 76 minimum density requirement shall be applicable to any such project regardless of whether 77 the site is partially or entirely located within the transit core. 78 d. Kxed Use 1l..)owntown MU IC:� n 1 he MU I") n dlisdrlict liininlleents the Mlixed Use 79 II Nli h MXII N future hand use in�a II II.....UM cllas§liflicatlion of the Coini.nirehenslive Ifllan and has 80 a niaAnluni ire§Ildentliall denslit of eli ht TO dwelllllin unlits Heir acre Il io acts Ilocated wlithlin ......................................................................................................................................................................................................Y..................................g..............Y.....(....................)....................................................g..........................................ll......................................................x.............................�............................................................................................................................. 81 the Stadion Area shallll allso have a nilinlinluni denslit of thlirt 30 dwelllllin unlits Heir acre. 82 hlis inmlinlIimLlinm denslit ire uliirein�ent shallll Ifae a'..).) licalb..e to an such Hiro act ire airdlless off 83 whetheir the §lite lis nairtlialll1 oir entliirell located wlithlin the Bran§lit coire. .1 he intent off thus new ....... ...................................................................................... ..................................ll...........................................Y............................................................................................................................................................................................................................................................................................................................................................................................................................................ 84 dlisdrlict is to faclilllitate the estalbaIlIshnient of a downtown redeve llo�n�ent whlille lin certalin ..........................................................................................................................................................................................................................................................................................................................................................................................................................................ll.........................................r........................................................................................................... 85 locatlions allso 'nrovlidlin g �niro-Heir contlinuuini off oir bran§ll ion lin scalle Ifaetween the Kxed Use 86 Coire MU C Mlixed Use 4 MU 4 and Mlixed Use 3 MU 3 IC:�listirlicts. n hlis zonlin dlisdrlict ,,,,,,,,,,),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,(,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,)„r,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,(,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,),,,,,,,,,,,,,,,,,,,,,,,,,,,,.......................,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......,,,,,,,,,,,,,,,,,,,,,,,,g.................................................. 87 is to su n nllant the Centirall I[: usliness IC:�listirlict CI[: IC:� lin the Nstoirlic downtown and maidna ....... ......................................... ll......II........................................................................................................................................................................................................................................(..................................).......................................................................................................................................................................................................................................................... 88 dlisdrlict. 89 20. Mixed Use -4 (MU -4). The MU -4 district implements the Mixed Use High (MX -H) 90 future land use map (FLUM) classification of the Comprehensive Plan and has a maximum 91 residential density of sixty (60) dwelling units per acre, except within the Downtown Transit - 92 Oriented Development District (DTODD) (the Station Area), where the maximum density 93 may be seventy-five (75) dwelling units per acre through participation in the City's 94 Workforce Housing Program. In addition, projects located within the transit core of the 95 Station Area shall have a minimum density of thirty five (35) dwelling units per acre. This 96 minimum density requirement shall be applicable to any such project regardless of whether 97 the site is partially or entirely located within the transit core. The intent of this new district is 98 to facilitate the establishment of high density and intensity development nodes at strategic 99 locations that support downtown redevelopment, while in certain location also providing a 100 proper continuum of, or transition in scale between the Mixed Use Core (MU- C) and Mixed 101 Use 3 MU -3 Districts. n he dlisdrlict is con§lideired the niredecessoir to the MIU I') n Mlixed Use ( )...........................................................................................................................................................................................................II.......................................................................................................................................................................................(......................................................................... 102 l).ow. nto .n!..)..... c Dj.ng..... istid :�..::. 103 fe. Mixed Use Core (MU -C). The MU -C district implements the Mixed Use High 104 (MXH) future land use map (FLUM) classification of the Comprehensive Plan and has a 105 maximum residential density of eighty (80) dwelling units per acre, except within the 106 Downtown Transit -Oriented Development District (DTODD) (the Station Area), where the S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3) (Establishing MU -DT) - Ordinance.Docx Page 517 of 568 107 maximum density may be one hundred (100) dwelling units per acre through participation in 108 the Workforce Housing Program. In addition, projects located within the Station Area shall 109 have a minimum density of thirty (30) dwelling units per acre. This minimum density 110 requirement shall be applicable to any such project regardless of whether the site is 111 partially or entirely located within the transit core. The ipte.pt of this district is to s pplaRt the 112 GeRtral & is ipess Distrint (GBG ) OR the hiccterin —;;Ad- dictrint he d'�Stlr�Ct �S 113 co ns id eared the Diredecessoir to the MI U ID n (Mixed Use I'Downtown`� zo nli no d,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, i listirlict. 114 3. Location and General Use Requirements. 115 ... 116 ;f,MixedIl�r!W., ,,,,,,,,,,,,,,,,, , , ,,,,,, ,,,,,,,,..... n,,,,,), 117'Downtown he Mixed Use I'Downtown U Il::� n dJstirlict shallll onll fae a plied to hands 118 cllassliflled as mlixed use N h II""'u on the future hand use iniac. g...............(.........................................)................................................................................................................................................................................... l ......... 119 2 .n he MU ID n dlistirlict lis a��iro�irliate foir hli h denslit /lintenslit devello�in�ent ....................................................(..........)...........................................................................................................................................................................u......IL...................IL.........................................................................g........................................................Y......................................................Y..................................................ll........................................ 120 untended lfoir the downtown area. Such de 610 ments shallll Iincllude a n�lix Of uses desk ned ...................................................................................................................................................................................................................................................................................... ............................ll......................................................................................................................................................................................................................................................................g........................... 121 in a coin.) veirtlicall st Ile. IC:�evello.'.). nts ..) )osed wlithlin the Iowntown as delflined Iia the 122 CffA II:IIan must contalin a ireslidentliall component and have space on the Hirst flloor devoted .... ................................................................r..................................................................................................................................................................................................................... II............................................................................................................................u....................................................................................................................................................................................................... 123 to commercliall uses for those poirtlions of the Piro est havlin fronts e anon a collllectoir oar an ........ ............................................................................................................................................................................................ ....u...................................................................................................u.................................................................................g.............................................g...........................................g.................................................................................................................. 124 arterlialI road. 125 3 AIIII new develloin�ents wlithlin thus dlistrlict shallll -front on streets desk Hated as 126 °"airteirliall°" iroadwa son the If:unctlionall Cllasslilflicatlion ofIfoadwa s a. 127 128 J. Rezoning of single-family districts. All requests to rezone any single-family 129 residential district to a mixed use zoning district shall be subject to the following additional 130 requirements: 131 (1) Height, density and intensity of development based on the standards indicated 132 in Table 3-22; 133 (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one 134 and one-quarter (1.25) foot (depth); 135 (3) Vehicular access to the property located to minimize impacts on adjacent 136 single-family developments and meet safety standards; and 137 (4) Landscape barriers provided, in accordance with the landscape regulations of 138 this Code, where the rezoned property abuts single-family residential zoning. 139 B. Us „ napjg.If:...:.,.... .(!.ii.:Ltf....II..�/.,....& .ecfioirI .....:.D. Use(s) Allowed. See Use Matrix, Table 3-28 m ....` �If 140 141 142 143 144 145 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3) (Establishing MU -DT) - Ordinance.Docx Page 518 of 568 146 C. Building and Site Regulations. 147 1. Building and Site Regulation (Table 3-22). MIXED USE, URBAN 13,14 MU -1 MU -2 MU -3 IMM 113;11"; MU -4 MU -C Lot Area, Minimum (acres): Public park: N/A N/A N/A N. N/A N/A All other uses: 0.50 0.75 1 1 1 1 Lot Frontage, Minirnuin 100 1002 1502 2-_fl702 2002 2002 Structure Ht., Minimum (ft.) 30 30 30 ,0. 3045 3045 Maximum Height (ft.)' 55 65 75 85. 100 150/12 54 Maximum Density (DUs/Acre)` 12 20 40 50 0. 60 80 Maximum F.A.R." 2.5 3.0 3.0 3.5. .............. 4.0 4.0 Build -to -line (ft.)': All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 07 0' 0' Interior side 0' 0' 0' 0' 0' 0' Building Setbacks, Minnnuin (ft.)': Rear abutting Residential single- family 255/0 5,s 255 255 2.5... 255 255 Intracoastal waterway 255 255 255 25' ................ 255 255 Side abutting Residential single- family: 255/0 5,6 255 255 .25', 255 255 Usable Open Space, Minnnuin (sq. ft.)' N/A N/A 0.5% 22(x,, 1% 2% 148 149 1. 4— May be reduced if frontage extends from right-of-way to right-of-way. 150 S:ACA\Ordinances\LDR Changes\LDR Aiuendinent (Ch 3) (Establishing MU -DT) - Ordinance.Docx Page 519 of 568 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 Section 4. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section S. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately. FIRST READING this 6th day of December, 2022. SECOND, FINAL READING AND PASSAGE this day of , 2022. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3) (Establishing MU -DT) - Ordinance.Docx Page 520 of 568 „N DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-013 A STAFF REPORT TO: Mayor, Vice Mayor, and Commissioners City Commission FROM: Amanda Radigan, AICP Planning and Zoning Director DATE: November 18, 2022 REQUEST: Approve the establishment of the Mixed Use Downtown (MU -DT) zoning district (CDRV 22-004) amending Part III Land Development Regulations Chapter 3. Art III. Sec 1.E (Table 3-4). Mixed Use Urban Building and Site Regulations and Sec 5.C.1. Building and Site Regulations (Table 3-22). OVERVIEW At the request of the City Commission, this staff report outlines information regarding the establishment of a new zoning district, Mixed Use Downtown (MU -DT). The new zoning district will, notably, set a new maximum building height of 85 feet. MU -4 and MU -C will be considered the predecessors to the new MU -DT, but will remain intact to be utilized by properties who are currently designated as MU -4 and MU -Core. EXPLANATION & PROPOSED AMENDMENTS History of Heiaht Over the last 20 years, the City has embraced redevelopment planning which has been guided by recommendations adopted within CRA plans. The adopted plans focus on the development of a downtown which included specific emphasis on the topic of height. In the year 2000, when the height maximum City-wide was 100 feet, public workshops were held for the creation of the Federal Highway Corridor Community Redevelopment Plan ("FHCCRP"), which was later adopted in 2001. The City subsequently updated the Land Development Regulations (LDR) to implement the changes recommended in the FHCCRP and established the original MU -H and MU -L zoning districts which increased the maximum height allowed in the City to 150 -feet for MU -H. Mixed use zoning districts were expanded to Boynton Beach Boulevard in 2006 following the adoption of the Boynton Beach Boulevard Corridor Plan, which established recommendations to increase intensity by adding residential components from Interstate 95 (being the lowest level of intensity) to downtown Boynton Beach (being the highest level of intensity). Also in 2006, the FHCCRP was updated which led to further distribution of mixed use heights and densities and established three (3) new districts (MUL-1, MUL-2, and MUL-3) which created lower levels of intensity. The City hosted a series of public workshops in 2016 to consolidate the various redevelopment Page 521 of 568 Page 2 Establishment of MU -DT CDRV 22-004 plans, into a single Community Redevelopment Plan (CRA Plan). The LDR was updated in both 2016 and 2017 to further distribute the mixed using zoning districts, per the CRA Plan recommendations. This amendment added MU -4, which provided an intermediate step between the height caps of 75 -feet and 150 -feet within the Mixed Use and Mixed Use Core classifications. There have been no amendments to height regulations since the adoption of MU -4. Currently the maximum height allowed in the City's Urban Mixed Use zoning districts are as follows: MU -1 Urban Mixed Use 45' MU -2 Urban Mixed Use 65' MU -3 Urban Mixed Use 75' MU -4 Urban Mixed Use 100' MU -Core Urban Mixed Use 150' The establishment of the various Mixed -Use zoning districts assisted in the creation of the Downtown Transit Oriented Development ("TOD") District Overlay, which is outlined in and around the site that is anticipated to become a future commuter rail station. TOD's often include a mix of commercial, residential, office and entertainment centered around or located near a transit station. Dense, walkable, mixed-use development near transit attracts people and adds to vibrant, connected communities. Successful TOD's depend on access and density around the transit station. Convenient access to transit fosters development, while density encourages people to use the transit system. On May 17, 2022, by the request of the City Commission, Staff began the process of researching the possible outcomes of lowering building height City-wide to a maximum of 85 feet. Staff held a series of workshops with both the City Commission and the Planning and Development Board and brought forth a proposed amendment to lower the maximum permitted height in the MU -4 and MU -Core zoning districts. The desire of the Commission was to continue to explore possibilities to reduce height while taking other aspects into consideration, such as density and floor area ration, for a more holistic approach. Establishment of Mixed Use Downtown (MU - Staff proposes to establish a new distribution of mixed use heights, densities, and intensities by creating the Mixed Use Downtown (MU -DT) zoning district. This zoning district will create an entitlement step between the existing MU -3 and MU -4 zoning districts. No changes are proposed to be made to MU -4 or MU -Core, however they will be retired as a result of this ordinance. In effect, developing and redevelopment properties are to utilize MU -DT and may not be approved to be rezoned to MU -4 or MU -Core. Existing lands zoned MU -4 or MU -Core can remain and exercise the existing applicable regulations and are under no obligation to rezone. The proposed regulations for MU -DT have been included below: MIXED USE, URBAN 13,14 MU -1 MU -2 MU -3 MU -DT MU -4 MU -C Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 1 1 Lot Frontage, Miniinuin 100 1002 1 1502 1 2002 1 2002 200 2 Page 522 of 568 Page 3 Establishment of MU -DT CDRV 22-004 (ft ), Structure Ht., Minimum (ft.) 30 30 30 30 30 30 Maximum Height (ft.)' 55 65 75 85 100 150/12 54 Maximum Density (DUs/Acre)` iz 20 40 50 70 60 80 Maximum F.A.R." 2.5 1 3.0 3.0 1 3.5 1 4.0 1 4.0 Build -to -line (ft.)': All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' 0' Building Setbacks, Minnnuin (ft.)': Rear abutting Residential single- family 255/0 5,s 255 255 255 255 255 Intracoastal waterway 255 255 255 255 255 255 Side abutting Residential single- family: 255/0 5,6 255 255 255 255 255 Usable Open Space, Minnnuin (sq. ft.)' N/A N/A 0.5% 2% 1% 2% In comparison to MU -4 and MU -C, overall building height will be permitted to a maximum of 85 feet where 100 and 150 feet, respectively, are currently allowed; and floor area ratio is proposed to be a maximum ratio of 3.5 where 4.0 is currently permitted in MU -4 and MU -C. The proposed development parameters represent a reduction in intensity and developable area. Density, on the other hand, will be permitted to a maximum of 70 dwelling units per acre which falls in between the maximum permitted in MU -4 and MU -C currently (60 and 80 dwelling units per acre, respectively). Minimum open space requirements are proposed to retain the MU -C requirement of a minimum of 2% usable open space which is the largest minimum required under the current Mixed Use regulations. Attachments Page 523 of 568 PART III Land Development Regulations Chapter 3. Zoning ARTICLE III. Zoning Districts and Overlay Zones Section 1. Overview E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, MU -1 MU -2 MU-3f�.�. "„11,' MU -4 MU -C URBAN 13,14 Lot Area, Minimum (acres): Public park N/A N/A N/A \J/F\ N/A N/A All other 0.50 0.75 1 1 1 uses Lot Frontage, g 100 100 z 150 2 15. M° 200 2 200 2 Minimum (ft.), Structure Ht., Sl', K2 3S b K245 .l',.!.4 Minimum (ft.) Maximum 45 65 75 85 100 150/1 Height (ft.)3 254 Maximum 20 40 50 7C2 60 80 Density (DUs/Acre)lo, 12 Maximum 1.0 2.0 3.0 3.5 4.0 4.0 F.A.R.11 Build -to -line (ft.)S All sides Factor of Pedestrian Zone Requirement' abutting a collector or arterial road Abutting a 07 07 07 07 07 Local street Interior side 07 07 07 00' 0' Page 524 of 568 Building Setback, Minimum (ft.)S Rear abutting: Residential 255/05, 255 255 2 .............. 255 255 single-family 6 Intracoastal 255 255 255 2 .............. 255 255 waterway Side abutting Residential 255/05, 255 255 2 255 255 single-family 6 Usable Open N/A N/A 0.5% 21% 1 % 2% Space, Minimum (sq. ft.)9 Sec. 5. Mixed -Use (Urban) Districts. A. General. 1. Purpose and Intent. The urban mixed-use zoning districts are intended to implement the CRA Community Redevelopment Plans ....a..p 'im i l iX...i�..,. provid,e for a mixture of land uses, accommodating varying .:....:...........:.. densities and intensities appropriate for each CRA district, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. The mixed use districts also support transit ridership, in particular through higher density and intensity development within the designated Downtown Transit -Oriented Development District (DTODD). Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the transit core, which is defined as the area extending one-quarter (1/4) mile from the train station. To ensure compliance with these Regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a mixed-use (urban) district, except as provided in Section 2.D.1.e. Also see Chapter 4, Article III, Section for design and compatibility standards. The objectives of the mixed-use (urban) districts are as follows: 2. Description of Districts. c. Mixed Use 3 (MU -3). The MU -3 district implements the Mixed Use Medium (MXM) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of fifty (50) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) (the Station Area), where the maximum density may be sixty two and one-half (62.5) dwelling units per acre through participation in the Workforce Housing Program. In addition, projects located within the transit core of the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. �l iixe�l Use iNmWulti�) ii'll (MU Ihiie II J i2I �istil Ct ii 1T�h2Il2!Dg[its t��.Ihie Il ox& l Use l NogI (M2" t:D fUtUiie yy M � �2 ma„2 ���fi , q @ � � y �:���� mf illli� ,, p q , y y M y �ma�mama,� � �y nll �Jei'iist gf Page 525 of 568 Illluil'„1� gag, �:p�.ii�ml ��� � II«m) n���ln.'�,��1 w� tj�„�,iiuul� llhlin�`....�`aln� fll ,).p.'11 u�n��n�'1..s' ,1la���l1 al„��Issa m Ih1iave a irmJ11l1u11 LJ,irni d,e,ii�,sol.� Itliuii ty ( �:JweI1i'l�g U[Jts g n uc ii e I Ihijs Tm i']JiTi�Uim � lei,isaul u g� g. iien�ei,i�1 s ,141 I'De a pgl abe l�) au 1iy 22 99i II gg”"x,11„� e""a""a...w�-ietj,ieii 11h"'` ""all h"'` ,IIs 2g!1I4° @,:E gotJii e. gggjg�::l wItj,i1i,ii .,ie tii aII11 s„II g)If'h"'' 11h"'` II II 11 .h":`II"11 . ,@"�" ."1111 s II 11h"'`w„ �, w s .' .,� w �����w w r^ 4, r^ ����w w ,��.. �.� .� w w �����w ���w w ����w „ � . , a� �-,.. a .„ �.� 1 �.lu �aluii�l. Il.�a l.�l �n ulluln�l..a �.111i.a .a.�al.n..h.11u �alllii�� ;u1�1. �m� n..l ��l�m�u7���m�u1� un. �.l ���...11.����,i�m��.aq..7�� �Illiq.11„�.a uu7���.;�unuu7� II.��m�n..�.u�mu..7�.�a n..11.�a�I�u�m�u�luu7����. IIS l ��,^� �� a p Use 4 ( IIS � l �) a n �� 1i � �. n� h�i1��;�1.1,����11� g�;,lul�luul�L��jirni @��i �;'�u� li1�n���ul��aul.u«,mu,1i up'1i �°acn���II�,�I I'Dn"��lwn".������u1i llhlin"��� Ilu,�n"��.11 l��a���....� �mu��... Ilu,�°n^�.'a�I l� ah"�. l u, "e„l,� l Q,s,e ..” ” f ll i �.��� � ^ is a m° t lff t a .... I Ih li u a .. � a 11 is .. u u 7� t Ih li n m u l� u u l� � l....� l u a l it a „� uta lam �� �� l ll n l.ii 1� l l lh li � `.. a 1� l it n „II Il � � all !I„'11 a a 1 .0 a V I1 J V ..w hllosat11a �l«;:�m°� u1il«;:m°� u.7� n.' iu JI irn a'iluul�nw�� �fistil u�:rl:. ................................................................................................................................................................................................ 2I . Mixed Use -4 (MU -4). The MU -4 district implements the Mixed Use High (MX -H) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of sixty (60) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) (the Station Area), where the maximum density may be seventy-five (75) dwelling units per acre through participation in the City's Workforce Housing Program. In addition, projects located within the transit core of the Station Area shall have a minimum density of thirty five (35) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of high density and intensity development nodes at strategic locations that support downtown redevelopment, while in certain location also providing a proper continuum of, or transition in scale between the Mixed Use Core (MU- C) and Mixed Use 3 (MU -3) Districts. Il allf'Ilcl. II S SII II ally; �1'�II ��, i.. SII �� ` ` a ” �If �@ lit .` ���; ��l\ vII11l �! „II 11 �,@"SII"11111111 l II l.lf'Il �l. (. Mixed Use Core (MU -C). The MU -C district implements the Mixed Use High (MXH) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of eighty (80) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) (the Station Area), where the maximum density may be one hundred (100) dwelling units per acre through participation in the Workforce Housing Program. In addition, projects located within the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to an such project regardless of whether the site is partially or entire) located within the transit core. Y p J g p Y Y �.....t.h....d. ,.. .... uaa � ff u t. ,. 411h.'� II""'a If'Iltl°�. IIs � �@")1111""'all� h `If..h �11h' I SII h w� h'� h `""'a""`a� )„If„ .@") .'"11h.a� (MN&J w�' sh ` � m°�r°v"1111 @ )°��°v"Il.il..) r�,@"SII"111111"Ill,) � II""`a If � ^. 3. Location and General Use Requirements. .... l lhlie Il oxen ,l Use 1N;�'�)wi,it�,)Wi,1i (MU Q ��::fisVli C t....S°-Iiia1 �;lolill I!De appllu&l lam Ilai,i��Is c Ilassaull eh :l as i�u &,1 Use liurllhli yll m' h:N. mu1i l.lh,ii.e fLJtLJ!iie IIau11(J rise 'nah�.��. .... l )hie NJU 1) lCfistlilict Is ap.gu�ggEun. to N)11:...11ii g�l11 �:I�..���u1� aul /uul�l ��u1� �iil �IJeyeI:)g,,n�ei,i�t uu,l�l.ei,i� l&J...N,mii llhlie. II 1 Q b 11 tl' q 1 it N,N M '.. �"� tl q II d �'��� �' N,N b �' II tl q it 1.������� ` g II Q II it tl q II s l II � ������'��,� @ �� vIl lll@ m� x1111 ayIl �a uU� �;.r/ '�� @ �I...� a 'w„II„� 1111h �;:111 111111 n"�ll, h @ �.. D ���n ]� ')lpM,gu1�1 a h i���,l�mV2,)sn"�J w� lhiJii�:1i llhie 1��N�mwi1�l�m% u1�, n���~ �lJef�uu1�n.'���1 IID ��:.Ilie Q F, F�plln���i':7i .. . .rnLJ�°t CCmul�ln�: 111 a i��n�s°a Jn��ul�l;iin.:� ai,ii l Ihil.ave r^a2ggg llhiie fl!i.i s fll«,x,Iu �Jev�;ll& I l� L..o)imim„eIf�6all....Uses N,)iillhii� )se l�� mi1'�„'�i„� mu lira � m(.� 111 lie piC::gigg j� 1in� v� 11`:1If11�muil�:�n �l ^l.�ll�mpul��l ^1p..� mull ��:��mil min„rypaii1i n it i unill inm@n������L�.@� '^' R 1�.�Y V '..� P �'� III '. 1l b YJ 6V Q. 11111111 Q. ljs � ' sti 11 it t %"b Iia X1t )'111 stieets �e.s g,[iat& as tl i Qe�Ila V l]hliru11. ��uCm„ii 11nll Ilnyaaull„ p1l uaVu��u gf. Rezoning of single-family districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development based on the standards indicated in Table 3-22; (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and Page 526 of 568 (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. „ I :(. �.I:...:.,.... .E!idILS....11.�/.,....& . �.:fioil:n....:.D. B. Use(s) Allowed. See Use Matrix, Table 3-28 m ....°[I C. Building and Site Regulations. 1. Building and Site Regulation (Table 3-22). MIXED USE, URBAN 13,14 ,I."i;•,II„"IIl"I MU -4 MU -C Lot Area, Minimum (acres): Public par A N/A N/A All other uses: 0.50 0.75 1 1 1 1 Lot Frontage, Minirnuin (ft ), 100 1002 1502 20101 2002 2002 Structure Hf., Minimum (ft.) 30 30 30 r.3.:.r.. �3045 ��3 .045. Maximum Height (ft.)' 55 65 75 815 100 150/12 54 Maximum Density (DUs/Acre) o. 12 20 40 50 70 60 80 Maximum F.A.R." 2.5 1 3.0 3.0 la 4.0 4.0 Build -to -line (ft.)a: All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 07 07 07 0 0' 0' Interior side 07 07 07 0 0' 0' Building Setbacks, Minnnuin (ft.)a: Rear abutting Residential single- family 255/0 5,s 255 255 25` 255 255 Intracoastal waterway 255 255 255 251 ............ 255 255 Side abutting Residential single- family: s 255/0 5,6 25 s 25 s ,,'` ,;I; ?', 255 255 Usable Open Space, Minnnuin (sq. ft.)' ° o 2r,'r„ .,, 1% 2% 1. 4.. ---- May be reduced if frontage extends from right-of-way to right-of-way. Page 527 of 568 ol"If ��V[���xed Use uuuuumuuuum uu muu uu(��NA U mm uuuum uuuuuuu 22,111,111,11,10041,11 Page 528 of 568 ���W=f,mmm Retire MU -C & MU -4 Establish MU -DT (Mixed Use Downtown) Reduced Height — 85' Maximum Reduced Density — 70 du/ac Reduced FAR — 3.5 • Minimal legal risk • Allows for other development standards to be addressed • Begins transition from TOD to Downtown • Has been done (CBD transition to MUs) • Can include Conditional Use/ waiver options • An additional text amendment will follow to ensure consistency with the proposed zoning district. Page 529 of 568 Quest���a���is mm uuui Page 530 of 568 MOM Unfinished Business 1/3/2023 Requested Action by Commission: Approve updated eligibility requirements and total funding amount for the ARPA Small Business Assistance Grant Program. Explanation of Request: At the December 6, 2022 City Commission Meeting, the City Commission requested staff bring back a recommendation on the eligibility requirements for the ARPA Small Business Assistance Grant Program. The City Commission recommended using a tiered system to determine the maximum amount of grant funding each eligible small business can qualify for. The City Commission will also determine how much ARPA funding will be allocated to the grant program. How will this affect city programs or services? The ARPA funds will address priorities established by the U.S. Treasury that respond to the economic challenges faced by small businesses. There will not be any direct impact on City services or programs. Fiscal Impact: The ARPA Small Business Assistance Grant Program will be funded solely by ARPA dollars and will not impact the City's General Fund. Alternatives: Not approve updated eligibility recommendations and total funding amount for the ARPA Small Business Assistance Grant Program. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttach irTIEN11t Description AI[RPA Sirnallll II L.JISliltIEsI >W:> a: sW ia: taii'::�:Es (3)ira int IPirogira irn Upda tEa,d 11== �.alit:dliir:c /Il:::::.11lic lilhalillli y If as �.ailiirasir � sir��a.> Page 531 of 568 ,%\.j } i\>t \\} > ay", f\\ D u 1, < »zz \7� « \ \ > m % §% j j > 2% A� �\�a�} �� �\� ` ??}?L dIIL e �/}�/\\L %�\/ .. r e ge-,}r-�\�;\ Page52«58 UG }2f Hililil I TIM III I III ?t2#\rte°IIIIIIIIP.11111 d#m ■tM. O I \\ MAO«< 2 2 ##§< 2\ OM \#jf IIIIIIIIIIIIII rf »iiiiiiiij : < III 11111111111111 11111111111111 d # m <»: c © c f *. III III:rf«©<®<\»%kf \�##}2ft»� ?:G�}2f� m #?2t #tr 642\x\\\■.■■■. Page 58«58 // / / sr r fr i ian l' � �� r , Y rrri% e jro rr /r ,'rr; r rrir r it p= Potentially capping the amount of funding for businesses within the CRA Example, creating a 2nd round of funding to include businesses within th C +� 11 ll 111 11! = Page 534 of 568 T"I'll"llered System Options Option 1 on 2 on 3 Percentage Decrease in Gross Revenue Year -Over -Year 25% or more 11-24% 0-10% Percentage Decrease in Net Income Year -Over -Year 25% or more 11-24% 0-10% Gross Revenue $499,999 or less $500X0- $999,999 $1,000,000 or more Total Grant Amount $20,000 $15,000 $10,000 Total Grant Amount $20,000 $15,000 $10,000 Total Grant Amount $20X0 $15,000 $10, 000 Page 535 of 568 d/f/11,11,11 \\y\y \io n y <7 w 3� d John 'hn ;% /� yEconomic D eve\d p me n : � \a n a e / C ?:<«/ of Boynton %ynf!n Beac% ; �t% \:\ \: on of r c ; n % Development <>® >� d S 3( .,.,,,a <m,>y ::« z\u <± » u r % :: < ((rte « 561-742-6014 Page 58«58 12.A. Legal 1/3/2023 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/3/2023 Requested Action by Commission: Proposed Resolution No. R23-008- Approve Settlement Agreement in the case of the 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: The City and J KM entered into a Development Agreement dated March 19, 2018 as part of the Town Square project (the Project). The Project had both public and private components. As part of a competitive selection process, E21- was selected to facilitate the Project. The public component has been completed. J KM was selected by E21- to be the developer of the private component for the Project. To facilitate the private component, the City conveyed three parcels of real property to J KM to be used in the development of a mixed use development. The private component also required the construction of two parking garages which were to be constructed by J KM within certain benchmarks specified in a Development Agreement. JKM failed to initiate development of the private component on the south parcel, including a parking garage which was to provide parking spaces for the private development and the public. At the City Commission meeting of November 4, 2020, the City Commission authorized the City Attorney to file a Declaratory Action to resolve the matter. A Complaint for Declaratory Relief was filed November 19, 2020. The Complaint was limited in the scope of the relief it sought asking the Court only to construe the terms of the Development Agreement and to declare the specific times when J KM was required to initiate development of the parking garages. It was not a complaint seeking the court to declare that J KM had breached the terms of the Development Agreement and award damages. The City Manager, City Attorney, and Special Counsel for the City have participated in several sessions of mediation and, outside of mediation have had numerous discussions with counsel for J KM leading to a proposed Settlement Agreement, subject to the City Commission's approval. The Settlement Agreement becomes effective only upon the satisfaction of all of the following conditions: The closing of the sale of the 3 Boynton Town Square (BTS) parcels owned by J KM to another developer. Payment to the City of $4,500,000.00 Payment to the City of up to an additional $100,000.00 to compensate the City for its attorney's fees and costs in defending the lawsuit filed by E21- Real Estate Solutions LLC against J KM and the City. The buyer of the BTS parcels executing a Development Agreement for the BTS parcels, which must contain sufficient public parking and parking for the private development components. The existing temporary parking easements must be assigned or replaced as part of a Development Agreement with the buyer. Upon the Settlement Agreement becoming effective, the City will dismiss its lawsuit against the J KM entities Page 537 of 568 The agreement contains general releases for each party. If any of the conditions are not satisfied, the Settlement Agreement will become null and void. Upon the effective date of the Settlement Agreement, all agreements between the City and J KM will be terminated except for those that survive, such as parking easements. The Settlement Agreement preserves the current temporary parking so that public temporary parking remains in place until the parking garages required in the Development Agreement are constructed. Note: The purchaser of the BTS parcels must submit applications to the City and will be subject to the City's review processes and public hearings The proposed Settlement Agreement does not mandate approval of any development applications. How will this affect city programs or services? Fiscal Impact: Upon the Settlement Agreement becoming effective, the City will receive $4,500,000, and will be compensated up to $100,000.00 for its attorney's fees and costs in defending the lawsuit filed by E21- Real Estate Holdings, LLC. The City will avoid further legal fees and costs associated with a trial in the J KM litigation. Fiscal Impact: To not approve the Settlement Agreement, in which cause the parties would proceed to trial which currently is to be scheduled in a trial period beginning in February, 2023. It is likely that the City will have to amend its existing complaint, or withdraw it and file a new complaint for breach of contract. If this happens, the February trial date is not likely to occur. Alternatives: To not approve the Settlement Agreement, in which case the parties would proceed to trial which currently is to be scheduled in a trial period beginning in February, 2023. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D RE)Sa:allLAti0111 DgirEs'E)rTIE)111 l Description RE)SCallUltia:air: approviir:g SEsIttlEsrTIEsirit Agir'EsEsrTIEsirIt w: E)ttE)rT1Esir:t grE)E)rT1Es1r:t Page 538 of 568 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 R23-008 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SETTLEMENT AGREEMENT BETWEEN IN THE CASE OF THE CITY OF BOYNTON BEACH, A FLORIDA MUNICIPAL CORPORATION, PLAINTIFF, VS. JKM BTS CAPITAL, LLC, DEFENDANT - PALM BEACH COUNTY CIRCUIT COURT CASE NUMBER: SO- 2020CA012780-XXXX-MB; AUTHORIZING THE PROPER CITY OFFICIALS TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE SETTLEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is the Plaintiff in litigation seeking a declaratory judgment in the case of the City of Boynton Beach, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC, Defendant - Palm Beach County Circuit Court Case Number: 50- 2020CA01 2780-XXXX-M B; and WHEREAS, the parties have met during mediation and discussions and have reached a settlement of the matter; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City that the proper city officials are authorized to take such actions necessary to effectuate the intent of this resolution. 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 hereby approves the settlement and authorizes the Mayor to sign a Settlement Agreement in the case of the City of Boynton Beach, a Florida S:ACA\RBSO\Agreements\Approve JKM Settlement - Reso.Docx Page 539 of 568 30 municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC, Defendant - Palm Beach County 31 Circuit Court Case Number: 50-2020CA012780-XXXX-MB. A copy of the Agreement is attached 32 hereto and incorporated herein by reference as Exhibit "A". 33 Section 3. The proper City Officials are authorized to take all actions necessary to 34 effectuate this Agreement. 35 Section 4. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 3rd day of January, 2023. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ATTEST: 54 55 56 Maylee De Jesus, MPA, MMC 57 City Clerk 58 59 60 (Corporate Seal) 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley S:ACA\RBSO\Agreements\Approve JKM Settlement - Reso.Docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 540 of 568 SETTLEMENT AGREEMENT AND FULL AND FINAL GENERAL RELEASE This Settlement Agreement and Full and Final General Release (the "Settlement Agreement") is entered into on this day of , 2022 (the "Execution Date"), between JKM BTS Capital, LLC, a Florida limited liability company ("JKM Capital"), JKM Developers, LLC, a Florida limited liability company ("JKM Developers"), JKM BTS North, LLC, a Florida limited liability company ("JKM North"), JKM BTS South, LLC, a Florida limited liability company ("JKM South"), JKM BTS Central, LLC, a Florida limited liability company ("JKM Central") (collectively, "JKM Parties"), and City of Boynton Beach, Florida, a municipal corporation of the State of Florida (including its officials, offices, commission, boards, departments, and divisions, the "Lily") (the JKM Parties and the City are referred to each as a "Party," and collectively as the "Parties"). RECITALS WHEREAS, the JKM Parties and City desire to forever settle and resolve the disputes and potential obligations (the "Disputes") between and among them regarding and/or arising from any conversations, agreements, potential agreements, draft agreements, complaints, and/or contracts including, but not limited to: a. Development Agreement dated March 19, 2018, between JKM Capital and City (the "Development Agreement"); b. Purchase and Sale Agreement dated March 19, 2018, between JKM North and City (the "North Purchase Agreement"); C. Parking License Agreement dated March 19, 2018, between JKM North and City (the "North Parking Agreement"); d. Option Agreement dated March 19, 2018, between JKM North and City (the "North Option Agreement"); e. Termination of Option Agreement dated December 18, 2018, between JKM North and City, and recorded at Official Records Book 30335 Page 0768 of the Public Records of Palm Beach County, Florida (the "North Option Termination Agreement"); f. Purchase and Sale Agreement dated March 19, 2018, between JKM Central and City (the "Central Purchase Agreement"); g. Parking License Agreement dated March 19, 2018, between JKM Central and City (the "Central Parking Agreement"); h. Purchase and Sale Agreement dated March 19, 2018, between JKM South and City (the "South Purchase Agreement"); i. Parking License Agreement dated March 19, 2018, between JKM South and City (the "South Parking Agreement"); j. Option Agreement dated March 19, 2018, between JKM South and City (the "South Option Agreement"); k. Termination of Option Agreement dated December 18, 2018, between JKM South and City, and recorded at Official Records Book 30335 Page 0773 of the Public Records of Palm Beach County, Florida (the "South Option Termination Agreement"); Page 541 of 568 1. Letter of Intent to lease/purchase the Boynton Beach Boulevard Mixed-use Land of Boynton Town Square Property, Boynton Beach, Florida from JKM Developers to City dated November 3, 2017 (the "LOP'); M. Letter Memorandum of Understanding — Parcels 1, 2, 3, and 4 of Boynton Beach Town Square from JKM North and JKM Central to City dated November 30, 2018 (the "MOU"); n. Letter from Colin D. Groff, Assistant City Manager, on behalf of the City, to JKM Capital, dated December 17, 2019, and all allegations contained or referenced therein (the "Groff Letter"); o. Temporary Parking Easement Agreement dated November 10, 2020, between JKM Capital, JKM North, and City, and recorded at Official Records Book 31962 Page 1434 of the Public Records of Palm Beach County, Florida (the "North Temporary Parking Easement"); p. Temporary Parking Easement Agreement dated November 10, 2020, between JKM Capital, JKM Central, and City, and recorded at Official Records Book 31962 Page 1449 of the Public Records of Palm Beach County, Florida (the "Central Temporary Parking Easement"); and, q. The Complaint for Declaratory Relief, Case No. 2020-CA-012780XXXXMB filed in Palm Beach County Circuit Court in West Palm Beach, Florida (the "Complaint") and the corresponding legal proceedings (the "Lawsuit"). For purposes of this Agreement, items (a) through (k) of the foregoing list are referred to as the "Relevant Agreements," items (1) through (n) are referred to herein as the "Related Documents," items (o) and (p) are referred to as the "Temporary Parking Easements," and all of items (a) through (n) are referred to as the "Documents." WHEREAS, the Documents, the Complaint, and the Lawsuit relate to certain real estate now known as Parcels 2, 3, and 7, Boynton Beach Town Square, according to the platthereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida (collectively, the "BTS Parcels"), which were sold to certain of the JKM Parties by the City pursuant to terms set forth in certain of the Documents; and WHEREAS, to avoid the costs and expenses of litigating the Disputes and the uncertain costs surrounding the Disputes, and in order to allow for the applicable parties to proceed with development of the BTS Parcels and proceed with construction of improvements thereon, the Parties desire to compromise and settle the Disputes and all other obligations between and among the Parties as set forth in this Settlement Agreement; and WHEREAS, it is the desire of the Parties to terminate any and all existing contractual or other obligations between the JKM Parties and the City and/or any of their affiliates or subsidiaries in any transactions between or among any of them; and WHEREAS, it is the desire of the Parties to resolve the Disputes and any obligations between or among them without admitting fault or otherwise acknowledging liability of any kind in connection with the Disputes, or otherwise. 2 Page 542 of 568 NOW, THEREFORE, in consideration of the recitals, covenants, general releases, and agreements contained in this Settlement Agreement, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows: 1. Recitals. All of the recitals set forth above are true and correct and are hereby incorporated into this Settlement Agreement. 2. Settlement Contingent. The effectiveness of this Settlement Agreement, including the obligations to exchange the Consideration (as defined hereafter), including the payment of the Sale Payment (as defined hereafter) and the Incentive Payment (as defined hereafter), if any, is contingent upon the following conditions precedent: (a) the successful sale by one or more of the JKM Parties of the BTS Parcels (the "Sale", and the contract for such Sale, the "Contract"); (b) payment of the Sale Payment as set forth in Section 5; (c) the proposed purchaser (the "Purchaser") of the BTS Parcels pursuant to the Contract, and the City, have executed a new Development Agreement for the BTS Parcels (the "New Development Agreement") which includes (or requires via separate document) a requirement for the Purchaser to provide to the City parking spaces (which may be used by the City for City purposes or for public parking purposes) in a location and amount reasonably acceptable to the City and the Purchaser; and (d) that the Temporary Parking Easements will be assigned or replaced effective simultaneously with the effectiveness of the New Development Agreement such that there shall be no interruption in the City's ability to use the applicable parking easement areas. For avoidance of doubt, in the event the Temporary Parking Easements are to be replaced (rather than assigned) in connection with the New Development Agreement, the Temporary Parking Easements shall not be terminated until such replacement agreements are fully executed and enforceable. The date on which the last of the requirements in Paragraphs 2(a), (b), (c), and (d) above have been fulfilled shall be referred to as the "Effective Date" herein. Notwithstanding the execution of this Settlement Agreement, the Parties have not agreed to stay any proceedings under the Lawsuit and/or with respect to the Complaint, and the Parties contemplate that the Lawsuit will proceed unless and until the Effective Date has occurred or the Lawsuit has been dismissed by the City, with or without prejudice. Notwithstanding anything to the contrary in this Settlement Agreement, if at any time the Contract shall be terminated by any party thereto, the JKM Parties shall promptly advise the City of such termination in writing (the "Termination Notice"), and upon delivery of the Termination Notice, neither party shall thereafter have any further obligation under this Settlement Agreement (but the same shall not serve to negate or invalidate any representation or warranty given by any party pursuant to this Settlement Agreement). 3. Dismissal. Within five (5) business days following the Effective Date as hereafter set forth in Section 5(a), the Parties shall file a joint stipulation of dismissal with prejudice of all 3 Page 543 of 568 claims pending in the Lawsuit, with each Parry to bear their own fees and costs, and with the Court in which the Lawsuit is pending to retain jurisdiction to enforce the terms of this Settlement Agreement. 4. Consideration. The parties, by the terms of this Settlement Agreement, have agreed to the exchange of consideration in the form of the Sale Payment, the Incentive Payment, the agreements regarding the Terminated Agreements (as defined below) and the Terminated Obligations (as defined below), the general releases set forth in this Settlement Agreement, and the other representations, warranties, covenants and other provisions set forth in this Settlement Agreement (all of the foregoing, the "Consideration"). Each of the Parties hereto acknowledges and agrees that, as applicable, the portion of the Consideration it will receive is sufficient in exchange for the applicable portion of the Consideration it will provide to the other Parties. The Parties hereby acknowledge and agree that the exchange set forth in this Settlement Agreement reflects a mutual compromise and constitutes an exchange of valuable consideration. Each of the Parties agrees that this is a material inducement to the other Parties entering into this Settlement Agreement. 5. Settlement Payments. (a) Upon closing of the Sale of all of the BTS Parcels, the JKM Parties will cause the closing agent with respect to such Sale to pay from the closing proceeds of the Sale to the trust account of the City's attorneys, Goren Cherof Doody & Ezrol, P.A., on behalf of and for the benefit of City, the total sum of Four Million Five Hundred Thousand Dollars and No Cents ($4,500,000.00) (the "Sale Payment") in U.S. currency via wire transfer in accordance with the wire transfer instructions to be later provided by the City. (b) As a further incentive and strictly as an accommodation to the City, the JKM Parties agree to pay to the trust account of the City's attorneys, Goren Cherof Doody & Ezrol, P.A. (the "City Attorneys"), on behalf of and for the benefit of the City, subject to the further terms of this Section 5(b), one or more payments totaling no more than One Hundred Thousand Dollars and No Cents ($100,000.00) (all such payments collectively, the "Incentive Payment") in U.S. currency via wire transfer in accordance with the wire transfer instructions to be later provided by the City. The Incentive Payment is to be used to defray the fees and costs incurred by the City from and after the Execution Date in defending that certain lawsuit styled E2L Real Estate Solutions, LLC v. City of Boynton Beach, JKM Developers, LLC, et al., Case No. 50 -2022 -CA - 006010 (15th Judicial Circuit in and for Palm Beach County, Florida) (the "E2L Lawsuit"). At any time after the Effective Date, the City may present to the JKM Parties a notice (each, an "Incentive Payment Notice") requesting an amount equal to the sum of the fees and costs incurred by the City between the Execution Date and the date of such Incentive Payment Notice and not previously presented for payment, and so long as the City supplies copies of law firm invoices evidencing the amount sought in such Incentive Payment Notice (which law firm invoices may be redacted by the City to protect attorney-client privileged information), the JKM Parties will pay the amount shown on such Incentive Payment Notice (or such lesser amount as would not cause the aggregate amount of all payments made by JKM Parties with respect to Incentive Payment Notices to exceed $100,000.00) to the trust account of the City Attorneys, in the manner provided for above, within fifteen (15) days of their receipt of such Incentive Payment Notice. This procedure will be repeated no more frequently than monthly after the first Incentive Payment 11 Page 544 of 568 Notice has been delivered, and the JKM Parties will continue to pay the amount requested in each subsequent Incentive Payment Notice within fifteen (15) days after receipt thereof until the earlier of (a) the aggregate amount of all payments made by the JKM Parties with respect to Incentive Payment Notices equals $100,000.00, or (b) the E2L Lawsuit has fully and finally concluded. For purposes of clarity, in no event will the JKM Parties ever be obligated to pay the City an amount greater than $100,000.00 in the aggregate under this Section 5(b), and should the E2L Lawsuit be fully and finally concluded prior to the City incurring $100,000.00 in fees and costs defending the E2L Lawsuit, the JKM Parties will only be obligated to reimburse the City for the amount actually incurred, even though such amount is less than $100,000.00. Furthermore, any attempt to deliver an Incentive Payment Notice prior to the occurrence of the Effective Date shall have no effect, and the JKM Parties shall not have any obligation to make any payment with respect to any such attempted notice. (c) The City's attorneys shall be authorized to release the Sale Payment and the Incentive Payment to City only upon the filing of the Joint Stipulation of Dismissal described in Paragraph 3 of this Settlement Agreement. (d) For the avoidance of doubt, the Sale Payment and the Incentive Payment, if any, shall only become due and payable, if ever, following satisfaction of all conditions set forth in Section 2 of this Settlement Agreement. 6. Termination of Relevant Agreements. Effective from and after the Effective Date, the Parties do hereby terminate, release, extinguish, discharge, and waive any and all present and/or continuing duties and obligations of or between the City and the JKM Parties, whether oral or in writing, if any, related to or arising from or in connection with the Relevant Agreements, the Related Documents, or otherwise (collectively, the "Terminated Agreements"). From and after the Effective Date of this Settlement Agreement, the Terminated Agreements shall have no further force and effect. 7. The Terminated Obligations. _ The Parties hereby agree that, with the exception of the continuing obligations set forth in this Settlement Agreement that survive after the Effective Date, effective from and after the Effective Date, all present and/or continuing duties and obligations of the City to the JKM Parties, or of the JKM Parties to the City, as applicable, under any contract or agreement they previously had or presently have with one another as of the execution of this Settlement Agreement, whether oral or in writing, if any, including, but not limited to, the Terminated Agreements (collectively, the "Terminated Obligations"), _ are hereby fully and forever fulfilled, extinguished, terminated, released, waived, and discharged without any further action by the Parties. 8. Temporary Parking Easements. City warrants and represents to JKM Parties that (i) the Temporary Parking Easements are not subject to any credits, charges, claims, defenses, or rights of offset or deduction of any kind or character whatsoever; and (ii) there do not exist with respect to the Temporary Parking Easements any defaults or circumstances which, with the passage of time, would constitute defaults under the terms of such Temporary Parking Easements. City releases and discharges JKM Parties from any and all claims and causes of action under the Temporary Parking Easements, whether known or unknown and whether now existing or hereafter arising, that have at any time been known, or that are hereafter known, in tort or in contract by the 5 Page 545 of 568 City and that arise out of any one or more circumstances or events that occurred prior to the date of this Settlement Agreement. 9. No Other Payment or Compensation Due. The Parties agree that, other than the Sale Payment, the Incentive Payment (if any), and any other Consideration to be exchanged as specifically set forth in this Settlement Agreement effective from and after the Effective Date: (i) the City, and each of its current and former elected officials in their official capacities, principals, officers, directors, members, managers, partners, shareholders, employees, parent companies, subsidiaries, affiliates, agents, enrollers, attorneys, trustees, accountants, insurers, predecessors, successors, assigns, relatives, and representatives of any kind do not owe any amounts or sums to the JKM Parties of any kind or type, including, without limitation, taxes, attorneys' fees, costs, expenses, and/or damages; and (ii) the JKM Parties, and each of their current and former principals, officers, directors, members, managers, partners, shareholders, employees, parent companies, subsidiaries, affiliates, agents, enrollers, attorneys, trustees, accountants, insurers, predecessors, successors, assigns, relatives, and representatives of any kind do not owe any amounts or sums to the City of any kind or type, including, without limitation, taxes, attorneys' fees, costs, expenses, and/or damages. 10. Tolling. The Parties agree that any statute of limitations relating to any claims against each other, including, but not limited to, any claims by either Party against the other Party for breach of the Development Agreement, shall be tolled as of the Execution Date until the earlier of (a) the Sale and the payment of the Sale Payment provided for in Section 5(a), or (b) two months after delivery of the Termination Notice; or (c) 12 months from the Execution Date. 11. General Release of the City. Effective from and after the Effective Date, in exchange for the Consideration set forth in this Settlement Agreement, each of the JKM Parties, and their current and former members, managers, officers, directors, partners, agents, employees, contractors, consultants, heirs, administrators, executors, attorneys, consultants, trustees, accountants, insurers, predecessors, successors, assigns, and representatives of any kind, if any, and for all those who may have the right to claim by, through, or under them or on their behalf in any form of derivative or representative action, shall and hereby do generally release, acquit, and forever discharge the City, jointly and individually as to each of them, together with their respective current and former elected officials, principals, officers, directors, partners, members, managers, shareholders, employees, agents, parent companies, subsidiaries, affiliates, attorneys, trustees, trusts, trustors, settlors, accountants, insurers, predecessors, successors, assigns, relatives, and representatives of any kind (collectively, the "City Released Parties"), from and against any and all liability which they now have, have had, or may have, and from all claims, demands, liens, actions, administrative proceedings, and causes of action of every kind and nature, and from all damages, injuries, losses, contributions, indemnities, compensation, obligations, costs, attorneys' fees, and expenses of every kind and nature whatsoever, whether known or unknown, fixed or contingent, direct or indirect, whether in law or in equity, whether asserted or unasserted, whether sounding in tort or in contract, whether or not related to or arising from the BTS Parcels, the Documents, the Disputes, the Terminated Agreements, the Terminated Obligations, or issues that were raised or could have been raised in the Lawsuit, including, but not limited to, causes of action for violation of any state, federal, or international statutes, rules, or regulations, including, but not limited to, the laws of Florida, conversion, breach of contract, breach of third -party beneficiary contract, prima facie tort, bad faith, fraud, intentional fraud, constructive fraud, fraudulent 101 Page 546 of 568 inducement, misrepresentation, fraudulent misrepresentation, intentional misrepresentation, negligent misrepresentation, false advertising, marketing fraud, bad faith refusal to pay, bad faith refusal to investigate, an accounting, declaratory judgment, unjust enrichment, deceptive advertising and/or unfair or unlawful trade practices, failure of consideration, rescission, failure to disclose, commissions, suppression, fraudulent suppression, fraudulent concealment, concealment, conspiracy, civil conspiracy, pattern and practice, racketeering, fraudulent non- disclosure, breach of the duty of good faith and fair dealing, breach of fiduciary and trust duties, promissory estoppel, negligence, negligence per se, breach of implied contract, professional negligence, gross negligence, defamation, slander, libel, disparagement, wantonness, punitive damages, or any other tort or contract claim, any violation of any state or federal law, any claim that any of the JKM Parties were fraudulently induced to enter into this Settlement Agreement or any other claim related to any of the JKM Parties' execution of this Settlement Agreement or to the BTS Parcels, the Documents, the Disputes, the Terminated Agreements, the Terminated Obligations, and/or any understanding or agreement or interaction between the Parties, whether written or oral (the "General Release of the City"). The General Release of the City is specifically intended to include and does include claims that the JKM Parties might not now know or expect to exist in their favor as of the execution of this Settlement Agreement, even if knowledge of such claims might have otherwise materially affected the granting of this General Release of the City. The JKM Parties represent and warrant that the General Release of the City is executed and delivered by each of them based upon their respective independent analyses of the facts and circumstances. The JKM Parties specifically acknowledge that such facts might hereafter prove to be different from the facts that are known or believed to exist. The JKM Parties expressly assume the risk that any state of facts might be different from those thought to exist by such Parry or Parties or that such state of facts might hereafter change. The JKM Parties agree that the terms of the General Release of the City will be binding in all respects notwithstanding any mistake of existing facts or subsequent change of facts, and this General Release of the City shall not be subject to termination or rescission by the JKM Parties for any reason whatsoever. The General Release of the City is intended to be a full release of all of the JKM Parties' claims known and unknown. NOTWITHSTANDING THE FOREGOING, nothing in this Settlement Agreement is intended to release, and nothing in this Settlement Agreement shall release, any claims which arise under the terms of this Settlement Agreement. 12. General Release of the JKM Parties. Effective from and after the Effective Date, in exchange for the consideration set forth in this Settlement Agreement, each of the City and its current and former elected officials in their official capacities, members, managers, officers, directors, partners, agents, employees, contractors, consultants, heirs, administrators, executors, attorneys, consultants, trustees, accountants, insurers, predecessors, successors, assigns, and representatives of any kind, if any, and for all those who may have the right to claim by, through, or under them or on their behalf in any form of derivative or representative action, shall and hereby do generally release, acquit, and forever discharge the JKM Parties, jointly and individually as to each of them, together with their respective current and former principals (including, without limitation, Adam P. Freedman, James S. Gielda, Jeff Johnson, Brady Hooker, and John K. Markey), officers, directors, partners, members, managers, shareholders, employees, agents, parent companies, subsidiaries, affiliates, attorneys, consultants, trustees, trusts, trustors, settlors, 7 Page 547 of 568 accountants, insurers, predecessors, successors, assigns, relatives, and representatives of any kind (collectively, the "JKM Released Parties"), from and against any and all liability which they now have, have had, or may have, and from all claims, demands, liens, actions, administrative proceedings, and causes of action of every kind and nature, and from all damages, injuries, losses, contributions, indemnities, compensation, obligations, costs, attorneys' fees, and expenses of every kind and nature whatsoever, whether known or unknown, fixed or contingent, direct or indirect, whether in law or in equity, whether asserted or unasserted, whether sounding in tort or in contract, whether or not related to or arising from the BTS Parcels, the Documents, the Disputes, the Terminated Agreements, the Terminated Obligations, or issues that were raised or could have been raised in the Lawsuit, including, but not limited to, causes of action for violation of any state, federal, or international statutes, rules, or regulations, including, but not limited to, the laws of Florida, conversion, breach of contract, breach of third -party beneficiary contract, prima facie tort, bad faith, fraud, intentional fraud, constructive fraud, fraudulent inducement, misrepresentation, fraudulent misrepresentation, intentional misrepresentation, negligent misrepresentation, false advertising, marketing fraud, bad faith refusal to pay, bad faith refusal to investigate, an accounting, declaratory judgment, unjust enrichment, deceptive advertising and/or unfair or unlawful trade practices, failure of consideration, rescission, failure to disclose, commissions, suppression, fraudulent suppression, fraudulent concealment, concealment, conspiracy, civil conspiracy, pattern and practice, racketeering, fraudulent non -disclosure, breach of the duty of good faith and fair dealing, breach of fiduciary and trust duties, promissory estoppel, negligence, negligence per se, breach of implied contract, professional negligence, gross negligence, defamation, slander, libel, disparagement, wantonness, punitive damages, or any other tort or contract claim, any violation of any state or federal law, any claim that the City or any of its affiliates were fraudulently induced to enter into any of the Documents, this Settlement Agreement or any other claim related to the City's execution of this Settlement Agreement, or to the BTS Parcels, the Documents, the Disputes, the Terminated Agreements, the Terminated Obligations, and/or any understanding or agreement or interaction between the Parties, whether written or oral (the "General Release of the JKM Parties"). The General Release of the JKM Parties is specifically intended to include and does include claims that the City might not now know or expect to exist in their favor as of the execution of this Settlement Agreement, even if knowledge of such claims might have otherwise materially affected the granting of this General Release of the JKM Parties. The City represents and warrants that the General Release of the JKM Parties is executed and delivered by each of them based upon their respective independent analyses of the facts and circumstances. The City specifically acknowledges that such facts might hereafter prove to be different from the facts that are known or believed to exist. The City expressly assumes the risk that any state of facts might be different from those thought to exist by such Party or Parties or that such state of facts might hereafter change. The City agrees that the terms of the General Release of the JKM Parties will be binding in all respects notwithstanding any mistake of existing facts or subsequent change of facts, and this General Release of the JKM Parties will not be subject to termination or rescission by the City for any reason whatsoever. The General Release of the JKM Parties is intended to be a full release of all claims known and unknown. NOTWITHSTANDING THE FOREGOING, nothing in this Settlement Agreement is intended to release, and nothing in this Settlement Agreement shall release, any claims which arise under the terms of this Settlement Agreement. Page 548 of 568 13. Representations and Warranties by the Parties. (a) By JKM Parties. The JKM Parties hereby represent and warrant that (i) they are not relying upon any statements, understandings, representations, expectations, or agreements other than those expressly set forth in this Settlement Agreement, (ii) they have been represented and advised by counsel in connection with this Settlement Agreement, which each of them has executed voluntarily and of its own choice and not under coercion or duress, (iii) they have made their own investigation of the facts and are relying upon their own knowledge and the advice of legal counsel, (iv) they have no expectation that any of the other Parties will disclose facts material to the Settlement Agreement, and (v) they knowingly waive any claim that the Settlement Agreement was induced by any misrepresentation or non -disclosure and any right to rescind or avoid the Settlement Agreement based upon presently existing facts, known or unknown. The JKM Parties agree and stipulate that the City are relying upon these representations and warranties in entering into the Settlement Agreement. (b) By City. The City hereby represents and warrants that (i) it is not relying upon any statements, understandings, representations, expectations, or agreements other than those expressly set forth in this Settlement Agreement, (ii) it has been represented and advised by counsel in connection with this Settlement Agreement, which each of them has executed voluntarily and of its own choice and not under coercion or duress, (iii) it has made their own investigation of the facts and are relying upon their own knowledge and the advice of legal counsel, (iv) it has no expectation that any of the other Parties will disclose facts material to the Settlement Agreement, and (v) it knowingly waive any claim that the Settlement Agreement was induced by any misrepresentation or non -disclosure and any right to rescind or avoid the Settlement Agreement based upon presently existing facts, known or unknown. The City agrees and stipulates that JKM Parties are relying upon these representations and warranties in entering into the Settlement Agreement. 14. No Admission of Fault or Liability. This Settlement Agreement is made to settle any and all controversies, real or potential, asserted or unasserted, and claims for injuries or damages of any nature whatsoever, real or potential, asserted or unasserted, by the Parties including butnot limited to those relating in any way to the BTS Parcels, the Lawsuit, the Disputes, the Documents, the Terminated Agreements, the Terminated Obligations, or to the matters described herein or therein. Neither the execution and delivery of this Settlement Agreement, nor compliance with its terms, shall constitute an admission of any fault or liability on the part of any of the Parties, or any of their respective members, managers, officers, directors, partners, agents, employees, contractors, consultants, heirs, administrators, executors, attorneys, consultants, trustees, accountants, insurers, predecessors, successors, assigns, and representatives of any kind. None of the Parties to this Settlement Agreement admit fault or liability of any sort and, in fact, all Parties expressly deny fault and liability. 15. The Parties' Covenant Not to Sue. With respect to the subject matter herein, each of the foregoing releasing Parties (each as applicable, the "Releasor"), with respect to any of the actions or causes of action, suits, claims, charges, complaints, contracts, and promises, whatsoever, in law or equity released pursuant to Paragraphs 11 or 12, as applicable (collectively, "Claims"), waives its right to file any charge or complaint nor will it accept any relief or recovery from any charge or complaint before any federal, state or local administrative agency against any of the I Page 549 of 568 foregoing released parties (each as applicable, the "Releasee"), except as such waiver is prohibited by statute. Each Releasor further waives all rights to file, with respect to the subject matter herein, any action before any federal, state, or local court against any Releasee. Each Releasor confirms that as of the date of this Settlement Agreement, such Releasor has brought no charge, complaint, or action in any forum or form against any Releasee, other than the Lawsuit with respect to the Complaint, which the City has covenanted to dismiss with prejudice in accordance with the terms of Section 3 of this Settlement Agreement. Except as prohibited by statute, in the event that any such Claim is filed, it shall be dismissed with prejudice upon presentation hereof, and the applicable Releasor(s) shall reimburse the applicable Releasee(s) for the costs, including attorneys' fees, of defending any such action. Each Releasor agrees not only to release each Releasee from any and all Claims which it could make on its own behalf with respect to the subject matter hereof, but also those which may be made by any other person or organization on its behalf. Each Releasor further waives any right to in any way voluntarily assist any individual or entity in commencing or prosecuting any action or proceeding with respect to the subject matter hereof, including, but not limited to, any administrative agency Claims, charges or complaints and/or any lawsuit against any Releasee, or to in any way voluntarily participate or cooperate in any such action or proceeding with respect to the subject matter hereof, except as such waiver is prohibited by statute. 16. Covenant Not to Interfere with Sale. In regard to the Sale and any associated activities or transactions, whether prior to or after the closing of such Sale, the City, either directly or indirectly, including through any of the City's elected officials, contractors, consultants, employees, agents, attorneys, or other representatives, shall not: (a) take any action, or raise any objection in any forum whatsoever, which is intended to or has the effect of terminating, delaying, postponing, invalidating, or otherwise interfering with the transactions contemplated with respect to the Sale, or (b) make any effort to contact or solicit or otherwise seek to induce any person, court, receiver, trustee, governmental or quasi -governmental agency or official, or any other party in any manner involved with or having any role or influence with respect to the Sale: (x) to breach, in whole or in part, any of its agreements with respect to the Sale; (y) not to consummate any transactions or take any actions necessary with respect to the BTS Parcels or in connection with the Sale; or (z) to otherwise interfere in any manner with respect to the BTS Parcels or the Sale. For the avoidance of doubt, the foregoing is not intended to limit the ability of the City to negotiate with any proposed buyer under the Sale upon such terms and for such conditions as the City may desire in its sole and absolute discretion. 17. Voluntary Agreement. The Parties acknowledge that they have carefully read this Settlement Agreement and understand all of its terms and furthermore acknowledge that this Settlement Agreement is executed voluntarily, without duress, and with full knowledge of its legal significance. Each Party represents and warrants that it has consulted with its legal advisors regarding the meaning, effect and advisability of this Settlement Agreement to the extent such Party has determined such consultation to be necessary or appropriate. 18. Authority to Settle and Release. As a condition precedent to any obligations or liabilities of the Parties, each of the JKM Parties expressly represents and warrants to the City Released Parties that (a) as applicable, it is the lawful owner of the BTS Parcels and/or any claims and/or any potential claims released in this Settlement Agreement; (b) it has full capacity and authority to settle, compromise, and release its claims and potential claims and to enter into this Settlement Agreement; (c) no other person or entity has acquired or has been assigned, or will in 10 Page 550 of 568 the future acquire or have any right to assert, against any of the City Released Parties any portion of its claims or potential claims released in this Settlement Agreement; and (d) it knows of no other person or entity that intends to assert a claim by, through, under, or on behalf of any of them. As a condition precedent to any obligations or liabilities of the Parties, the City expressly represents and warrants to the JKM Released Parties that (a) it is the lawful owner of the claims and the potential claims released in this Settlement Agreement; (b) it has full capacity and authority to settle, compromise, and release its claims and potential claims and to enter into this Settlement Agreement; (c) no other person or entity has acquired or has been assigned, or will in the future acquire or have any right to assert, against any of the JKM Released Parties any portion of its claims or potential claims released in this Settlement Agreement; and (d) it knows of no other person or entity that intends to assert a claim by, through, under, or on behalf of any of them. 19. Attorney's Fees, Expenses, and Costs. (a) Disputes and Negotiation of Settlement Agreement. The Parties agree that each Party shall be solely responsible for its own respective fees, attorney's fees, expenses, and other costs incurred in connection with the Disputes and the preparation, drafting, and negotiation of this Settlement Agreement. (b) Enforcement of Settlement Agreement. In conjunction with any litigation arising out of or concerning the interpretation of or enforcement of this Settlement Agreement, the prevailing party shall be entitled to recover from the non -prevailing party its reasonable attorney's fees, expenses, and costs, whether incurred before, during or after trial, on appeal or in conjunction with administrative, post judgment, or bankruptcy proceedings, including attorney's fees and costs included during any appeals. 20. Remedies. The parties agree that any action taken in contravention or violation of this Settlement Agreement (including, without limitation, any act prohibited pursuant to either Section 15 or Section 16) or any other breach or violation of this Settlement Agreement will cause irreparable harm and significant injury to the other Parties, as applicable, the amount of which will be extremely difficult to determine, thus making any remedy at law or in damages inadequate. Therefore, the parties agree that any Party and/or any applicable affiliate(s) shall have the right to apply to any court of competent jurisdiction for an order restraining any breach or threatened breach by any other Party of this Settlement Agreement and for any other relief deemed appropriate, and any Party seeking such an order will not be obligated to post bond or other security in seeking such relief. This right shall be in addition to any other remedy available to the Party seeking such order or relief, whether in law or equity. Notwithstanding the foregoing, nothing in this Settlement Agreement shall be considered a waiver of the City's rights of sovereign immunity. 21. Governing Law. This Settlement Agreement shall be governed by and construed according to the laws of the state of Florida. 22. Venue. With respect to any suit, action or proceeding relating to a dispute regarding enforcement of the terms of this Settlement Agreement ("Actions"), each party to this Settlement Agreement irrevocably submits to the exclusive jurisdiction of the state and federal courts located in or presiding over Palm Beach County, Florida, and each party to this Settlement Agreement hereby waives any objection which it may have at any time to the laying of venue of any Actions 11 Page 551 of 568 brought in any such court, waives any claim that such Action has been brought in an inconvenient forum and further waives the right to object with respect to such Action that such court does not have jurisdiction over such party. 23. Reliance on Representations. Each Party hereby warrants, represents, and agrees that each Party is relying upon only the representations and warranties contained in this Settlement Agreement in entering into this Settlement Agreement and that no other representations have been made by anyone upon which they are relying in executing this Settlement Agreement. All of the covenants, representations, and warranties set forth in this Settlement Agreement shall survive the execution of this Settlement Agreement indefinitely. 24. Further Assurances. The Parties shall execute, acknowledge, deliver, or cause to be executed, acknowledged, or delivered, all further documents as shall be reasonably necessary or convenient to carry out the provisions of this Settlement Agreement. 25. Entire Agreement and Integration Clause. This Settlement Agreement contains all agreements and understandings of any sort or character between the Parties concerning the subject matter of the Settlement Agreement and any other dealings between the Parties and supersedes all prior negotiations, discussions, or agreements of any sort whatsoever, whether oral or written, relating to the BTS Parcels, the Lawsuit, the Disputes, the Documents, the Terminated Agreements, the Terminated Obligations, or any claims that might ever be made by one Party against any opposing Party. There are no representations, agreements, or inducements, except as set forth expressly and specifically in this Settlement Agreement. THERE ARE NO UNWRITTEN OR ORAL UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS OF ANY SORT WHATSOEVER, IT BEING STIPULATED THAT THE RIGHTS OF THE PARTIES HERETO AGAINST ANY OPPOSING PARTY HERETO SHALL BE GOVERNED EXCLUSIVELY BY THIS SETTLEMENT AGREEMENT. 26. Severability. If any provision hereof is invalid or unenforceable, then, to the fullest extent permitted by law, the other provisions hereof shall remain in full force and effect and there shall be deemed substituted for the provision at issue a valid, legal, and enforceable provision as similar as possible to the provision at issue in order to carry out the intentions of the Parties hereto as nearly as may be possible. 27. Notices. Any notice, request, instruction, or other document or communication required or permitted to be given under this Settlement Agreement shall be in writing and shall be deemed given (i) upon receipt if delivered in person or by a messenger or courier service; (ii) upon being transmitted by confirmed facsimile or other wire transmission; or (iii) three business days after being deposited in the U.S. mail, certified or registered, return receipt requested, postage prepaid, addressed as follows: 12 Page 552 of 568 or to such other address or addresses as may be specified in writing from time to time by any Party to the other Parties. 28. Amendments in Writing. This Settlement Agreement may only be amended or modified by a written instrument that has been executed by the Party sought to be charged with such amendment, modification, or waiver. No waiver of any breach of this Settlement Agreement shall be construed as an implied amendment or agreement to amend or modify any provision of this Settlement Agreement. 29. Non Waiver. The failure by any of the Parties to enforce at any time, or for any period of time, any one or more of the terms or conditions of this Settlement Agreement, or a course of dealing between the Parties, shall not be a waiver of such terms or conditions or of such Party's right thereafter to enforce each and every term and condition of this Settlement Agreement. 30. Consultation with Attorneys. (a) JKM Parties. Each of the JKM Parties understands and acknowledges that this Settlement Agreement contains a General Release of the City of any and all claims that any of the JKM Parties may have against the City Released Parties, and each of the JKM Parties understands and acknowledges that it has had the opportunity to retain independent counsel to represent it in connection with its consideration of such release and of this Settlement Agreement and has done so. (b) City. The City understands and acknowledges that this Settlement Agreement contains a General Release of the JKM Parties of any and all claims that the City may have against the JKM Released Parties, and the City understands and acknowledges that it has had the opportunity to retain independent counsel to represent it in connection with its consideration of such release and of this Settlement Agreement and has done so. (c) Investigation by Parties. The Parties represent and warrant that each of them has undertaken its own investigation of the facts and is relying solely upon its own knowledge and the advice of counsel. (d) Stipulation. The Parties further represent and warrant to each other that they have each consulted with independent counsel and other advisors with respect to the preparation, negotiation, and execution of this Settlement Agreement to the extent they deemed such consultation necessary or appropriate, and have been provided with a reasonable period of time to consider and execute this Settlement Agreement. The Parties, therefore, stipulate and agree that this Settlement Agreement shall not be construed against any Party as the drafter thereof. 31. Joint Drafting. The Parties agree that they have jointly participated in the drafting and preparation of this Settlement Agreement, and that the language in this Settlement Agreement shall be construed according to its fair meaning and not strictly for or against any Parry. All provisions of this Settlement Agreement have been negotiated by the Parties at arms' length, and no Parry shall be deemed the scrivener of this Settlement Agreement. The Parties agree and direct that the rule of contract construction providing that ambiguous contract terms should be interpreted against the drafting party shall not apply nor be applied to this Settlement Agreements. 13 Page 553 of 568 32. Construction. Words in this Settlement Agreement of the male, female, or neuter gender shall be construed to include any other gender where appropriate. Words used in this Settlement Agreement that are either singular or plural shall be construed to include the other where appropriate. 33. Headings. Headings are for convenience only and shall not limit, expand, affect, or alter the meaning of any text. 34. Multiple Counterparts. This Settlement Agreement may be signed in multiple counterparts and, when each Party has signed a counterpart hereof, each such counterpart shall be a binding and enforceable agreement as an original. 35. Facsimile Signatures. This Settlement Agreement may be executed by electronic signature, or by facsimile or other electronically transmitted signature, and such facsimile signatures will be deemed to be as valid as an original signature whether or not confirmed by delivering the original signatures in person, by courier or by mail, although it is the Parties' intentions to exchange original signatures. 36. Exhibits. All Exhibits to this Settlement Agreement are expressly incorporated herein by reference. 37. Binding on Successors and Assigns. This Settlement Agreement and each exhibit hereto shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns, and is enforceable against them in accordance with its terms. Notwithstanding the foregoing, no Party hereto may assign any of its rights or obligations hereunder without the written consent of all of the other Parties. EACH OF THE UNDERSIGNED HAS CAREFULLY READ THE FOREGOING SETTLEMENT AGREEMENT AND FULL AND FINAL GENERAL RELEASE, KNOWS THE CONTENTS THEREOF, AND SIGNS THE SAME AS ITS OWN FREE ACT. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 14 Page 554 of 568 12. B. Legal 1/3/2023 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/3/2023 Requested Action by Commission: Proposed Resolution No. R23-009- Approve and authorize the Mayor to sign the Declaration of Restrictive Covenant designating the future park site in the Meadows subdivision as green space. Explanation of Request: It is the intent of City of Boynton Beach that this declaration once recorded in the public records of Palm Beach County, shall serve to impose requirements on the property and that the property shall be solely used to retain the areas in their existing, natural, vegetative, hydrologic, scenic, open or wooded condition and to retain such areas as a suitable habitat for plants, and/or wildlife. The following activities are expressly prohibited at or on the property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removing, destroying, or trimming trees, shrubs, or other vegetation, except: i. The removal of dead trees and shrubs is authorized; ii. The removal of noxious or exotic invasive plant species as listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized; and iii.. Activities conducted in accordance with a wildfire mitigation plan. d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or restored/enhanced/created condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, clearing, and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; and h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance. In addition no revisions, amendments, modifications, or termination of this declaration shall be permitted unless specifically approved by the unanimous vote of the City Commission of the City of Boynton Beach. How will this affect city programs or services? City programs and services will not be affected as part of Page 555 of 568 this action. Fiscal Impact: There are no fiscal impacts associated with this action. Alternatives: Do not approve the declaration of restrictive covenant and allow the property to be developed as intended by the plat and City of Boynton Beach Code of Ordinances. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()lLAti0111 D ffaclhtirTIENI'll Description lRE)S akAtioin alpproviirg IDEX:Jlaira bola of IIRE)Stirlictive, Cove,ir:airnl DE)CJlaira bola Of If asslirlictive, Coveinair:f Page 556 of 568 I :74461kiliCol ►■► LOA :i*311111 � 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 4 DECLARATION OF RESTRICTIVE COVENANT DESIGNATING THE 5 FUTURE PARK SITE IN THE MEADOWS SUBDIVISION AS GREEN 6 SPACE; AND PROVIDING AN EFFECTIVE DATE. 7 WHEREAS, it is the intent of City of Boynton Beach that the declaration, once recorded 8 in the public records of Palm Beach County, shall serve to impose requirements on the property 9 and that the property shall be solely used to retain the areas in their existing, natural, 10 vegetative, hydrologic, scenic, open or wooded condition and to retain such areas as a suitable 11 habitat for plants, and/or wildlife; and 12 WHEREAS, additionally no revisions, amendments, modifications, or termination of this 13 declaration shall be permitted unless specifically approved by the unanimous vote of the City 14 Commission of the City of Boynton Beach; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve 17 and authorize the Mayor to sign the Declaration of Restrictive Covenant designating the future 18 park site in the Meadows subdivision as green space. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. Each Whereas clause set forth above is true and correct and 22 incorporated herein by this reference. S:ACA\RESO\Agreements\Meadows Park Declaration Of Restrictive Covenant - Reso.Docx Page 557 of 568 23 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 24 approve and authorize the Mayor to sign the Declaration of Restrictive Covenant designating 25 the future park site in the Meadows subdivision as green space. A copy of the Declaration of 26 Restrictive Covenant is attached hereto and incorporated herein as Exhibit "A". 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ATTEST: 45 46 47 Maylee De Jesus, MPA, MMC 48 City Clerk 49 50 51 (Corporate Seal) 52 53 54 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 3rd day of January, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Meadows Park Declaration Of Restrictive Covenant - Reso.Docx Page 558 of 568 Folio No. 08-43-45-07-04-000-0010 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration") made this day of , 2023 by the CITY OF BOYNTON BEACH, a Florida municipal corporation (hereinafter referred to as "CITY") for itself and its successors and assigns. WITNESSETH WHEREAS, CITY is the fee simple title owner of that certain real property located in Palm Beach County, Florida, and legally described in Exhibit "A", attached hereto and incorporated herein, (hereinafter referred to as the "Property"); and WHEREAS, CITY intends to use the Property for the purposes as outlined herein; and WHEREAS, it is the intent of CITY that this Declaration once recorded in the Public Records of Palm Beach County, shall serve to impose requirements on the Property and the fee simple title owner to the Property, as provided herein; and NOW, THEREFORE, CITY hereby declares that the Property shall only be developed, held, maintained, transferred, sold, conveyed and owned subject to the following requirements and restrictive covenants: 1. RECITALS. The recitals set forth above are true and correct and are incorporated into this Declaration 2. EXHIBITS. Any exhibits referenced herein are incorporated into and made a specific part hereof whether or not physically attached hereto. 3. RESTRICTIONS/REQUIREMENTS FOR THE PROPERTY. {00547804.1 306-9001821} Page 559 of 568 CITY hereby declares that the Property shall be solely used to retain the areas in their existing, natural, vegetative, hydrologic, scenic, open or wooded condition and to retain such areas as a suitable habitat for plants, and/or wildlife. The following activities are expressly prohibited at or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removing, destroying, or trimming trees, shrubs, or other vegetation, except: i. The removal of dead trees and shrubs is authorized; ii. The removal of noxious or exotic invasive plant species as listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized; and iii.. Activities conducted in accordance with a wildfire mitigation plan d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or restored/enhanced/created condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, clearing, and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; and h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance. 4. MODIFICATION AND TERMINATION. No revisions, amendments, modifications, or termination of this Declaration shall be permitted unless specifically approved by the unanimous vote of the City Commission of the City of Boynton Beach. 5. COVENANT RUNNING WITH THE LAND This Declaration of Restrictive Covenant shall constitute a covenant running with the Property for the benefit of the CITY, and shall be binding upon the heirs, beneficiaries, personal representatives, successor and assigns of the CITY. 6. ENFORCEMENT. The CITY may enforce the provisions of this Declaration of Restrictive Covenant by action at law or in equity against any owner, or their successors and assigns). This includes Code Enforcement actions against any successor for violation of this Declaration. The trial venue for any litigation concerning this Declaration shall be in the Palm Beach County Court, as appropriate. If any action at law or in equity is necessary to enforce or interpret the terms of this Declaration of Restrictive Covenant, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 7. WAIVER. Failure of the CITY to enforce this Declaration of Restrictive Covenant shall not be deemed a {00547804.1 306-9001821} Page 560 of 568 waiver of the right to do so thereafter. 8. INVALIDATION. This Declaration of Restrictive Covenant shall be recorded in the public records of Palm Beach County, Florida, and shall become binding upon recordation. Invalidation of any one of these restrictive covenants by judgement or court order shall in no way affect any other conditions which remain in full force and effect. 9. EFFECTIVE DATE. This Declaration shall become effective and enforceable upon execution and recordation in the Public Records of Palm Beach County, Florida. 10. TIME IS OF THE ESSENCE. Time is of the essence regarding every obligation or restriction of this Declaration. 11. RELEASES AND AMENDMENTS. Any release or amendment not approved with the required formalities as specified herein shall be null and void. [ Space is Intentionally Blank] {00547804.1 306-9001821} Page 561 of 568 IN WITNESS WHEREOF, the this _ day of , 2023. WITNESSES: Print Name Print Name STATE OF FLORIDA ) has hereunto set its authorized hand CITY: City of Boynton Beach, a Florida municipal corporation Bv: Ty Penserga, Mayor Executed this _ day of , 2023. )SS COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _ day of , by Ty Penserga as Mayor of Boynton Beach who is personally known to me or has produced as identification. SWORN TO AND SUBSCRIBED BEFORE ME this day of 2023. NOTARY PUBLIC My Commission Expires: Serial Number, if any: {00547804.1 306-9001821} Page 562 of 568 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY MEADOWS 300 PL NO 3 IN PB48 P196 PUBLIC PARK Folio No. 08-43-45-07-04-000-0010 {00547804.1 306-9001821} Page 563 of 568 13.A. Future Agenda Items 1/3/2023 Requested Action by Commission: Consider revised local rules for approval. - January 17, 2023 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 564 of 568 13. B. Future Agenda Items 1/3/2023 Requested Action by Commission: Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. - January 17, 2023. Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 565 of 568 13.C. Future Agenda Items 1/3/2023 Requested Action by Commission: Continue discussion on adding a new sister city based on recommendations from Boynton Sister Cities. - February 7, 2023 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 566 of 568 13.D. Future Agenda Items 1/3/2023 Requested Action by Commission: Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - February 2023 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 567 of 568 13. E. Future Agenda Items 1/3/2023 Requested Action by Commission: Discussion regarding installing a coral reef at Oceanfront Park, requested by Commissioner Turkin - 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 568 of 568